Saturday, March 12, 2011

Prosecutor given 6 months in jail, SO treatment for assaulting drunk driving defendant

(Original Post 4-24-10)

A former Holland, MI city attorney was sentenced to 6 months in jail, a year of probation, and sex offender treatment for coercing a 21 year old woman into sex in exchange for letting her off on a traffic ticket. 31 year old Carl Gabrielse was formally sentenced Monday, April 19 to 3rd degree criminal sexual misconduct and misconduct in office by Ottawa County Circuit Court Judge Calvin Bosman. If he completes his probation successfully, Gabrielse can withdraw the 3rd degree CSC conviction and plead guilty to a reduced charge of gross indecency between a male and female, allowing him to escape the Michigan SO Registry.

The incident took place with a 21 year old Zeeland, MI woman in a jury bathroom last fall.

Gabrielse, contracted through Cunningham Dalman as a deputy city attorney, was accused of assaulting the woman at the Holland District Court in November. The victim later helped gather evidence so police could arrest Gabrielse.

The victim, who never entered the drunken-driving plea reached with Gabrielse, recently reached a different deal with prosecutors to plead down to impaired driving.

The judge scolded Gabrielse before accepting the plea. "I'm sure you know your biggest crime in this case is your violation of your oath to your wife, your oath to your profession and your oath to your employer. It's a costly violation."

So did the victim's aunt on a local forum.

Let me educate you all about a few things, since you weren't there and don't know all the facts. I was there as I am a relative of the victim. First of all.....she was RAPED! He admitted to RAPE. These things are on the record. She had no say in 'the deal' that was made. Her life is never going to be the same. First she gets RAPED by a member of the legal profession. Then she gets metaphorically RAPED by the judicial system.

Guess what the judge said upon sentencing? I haven't seen this reported so I assume the media is in on 'the fix'. The judge said in words similar to these that 'Mr Gabrielse, the people you hurt most in all of this is your profession and your wife and family' Really? Not one single mention about my niece and what she will have to go through because of a corrupt system. I won't go into all of the rest that happened because it all just makes me want to puke. This person, who I refuse to call a man, has gotten off virtually free. All the judicial system wants to happen here is for this to go away. I hope reasonable people can see what happened here.

A young woman commited a crime that she should have been punished for IN A COURT SESSION, not by being assaulted. Once again, Mr. Gabrielse admitted to RAPE and was caught on tape saying he'd like the next time to be 'more mutual'. This......piece of filth should have to suffer for the rest of his life. Instead....because he is a husband and father, and because he's remorseful, and because he's a deacon in his church, and because he hasn't done it before, (somehow I don't buy it), and because he has already been fired, the judicial system, including the prosecutors office I might add, thinks the deal that was made is appropriate. Unfreakenbelievable.

She was hung out to dry the moment she reported it. This is a fantastic precidence to set for victim's of RAPE and other types of abused. Say yes to Michigan? Maybe. But not to the Ottawa County judicial system. Sounds like something that would have happened 75 years ago in the deep south, not in modern America. So very sad.

Gabrielse's law license is currently on administrative suspension by the Michigan Attorney Grievance Commission, an arm of the Michigan Supreme Court that handles attorney misconduct cases of all types. John Burgess, the attorney handling the expected discipline by his organization, said that the complex plea deal will complicate, but not derail the actions expected against Gabrielse's license.

  “It’s a unique situation in that he entered a plea but I understand that he may have the opportunity to withdraw it. That could be a bit more tricky” in deciding exactly when to begin disciplinary proceedings, he said. It’s certainly a serious matter and it’s going to be treated as such,” said Burgess.

(Update 3-12-11) Gabrielse finished his probation without any hitches, so he was able to withdraw his original CSC plea and plead to indecency between a male and a female under Judge Jon Hulsing Monday, March 7. The victim has filed a federal lawsuit against Gabrielse and the city of Holland. The defendants have agreed to settle with the plaintiff out of court, but details of the settlement are still being negotiated.

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