Rapist sentenced to 50 more years for week-long assault on wife - appeal denied

(Original Post 9-29-09)
A man who was convicted of raping his wife in a second trial was sentenced to 50 years in prison in addition to 22 years handed down in a previous aggravated rape conviction. The 50 years sentence stems from two consecutive 25 year sentences for aggravated rape and especially aggravated kidnapping. 6 year sentences for aggravated burglary and aggravated assault were imposed, but they'll run concurrently with the other charges.

Sullivan County Criminal Court Judge Robert Montgomery said that he “I shudder to think what might have happened” if Bristol TN resident Doug Young, 49, hadn't been apprehended in Georgia a week after he kidnapped and raped his wife, Heather Moore.

The rapes and kidnapping occurred over the week of January 4 to 11, 2008 after they ate breakfast at Moore's home. Young's presence was a violation of the protective order Moore filed against him on December 3, 2007, citing that “[Young] possesses many firearms and has threatened to shoot me and I am in fear for my life.” Moore's father, fred Moore began staying with his daughter, trying to protect her.

The two traveled in Moore’s vehicle to Asheville, N.C., where they spent the night at a rest stop; to Cades Cove in the Great Smoky Mountains National Park, where they circled the scenic loop over and over again; and to Cherokee, N.C., where they holed up at the Drama Inn for most of the next week, according to testimony presented Monday and Tuesday.

From Cherokee, Young and Moore took shopping and dining excursions to Spartanburg, S.C., and Clayton, Ga. From Jan. 4 to Jan. 11, Moore testified, Young kept a gun trained on her at almost all times, and forced her to have sex with him on at least seven separate occasions. Prosecutors are focusing only on the incidents that occurred in Sullivan County.

Everywhere they went, Moore testified, Young kept the pistol in his right-hand pants pocket. One day, while drinking vodka and driving, Young menaced her with the gun, running it up and down her head, saying, “I could kill you right now,” she recalled.

Friday’s sentencing concluded the most serious charges that Young racked up in just over a month between Dec. 1, 2007, and Jan. 10, 2008. Before then, he had been a superintendent at BurWil Construction, whose worst offense was an incident of joyriding as a juvenile.

But with his marriage to Moore unraveling, Young turned violent, sexually assaulting Moore in December 2007 at her home, after she refused to give him a hug, a jury concluded.

Then, on the eve of finalizing their divorce and days ahead of a hearing on Young’s aggravated rape charge, he violated the court’s no-contact order and stole in to Moore’s house to wait for her.

Prosecutors in Young’s second trial in August built their case by focusing on his offenses from the time he entered Moore’s residence, to when he left, abducting her at gunpoint, and commandeering her car.

According to Moore's previous victim impact statement, she fears coming home at dark, her rapist escaping and putting a gun to her head, and has to face the door when eating at restaurants. "All of this make it very difficult to report a crime like this and have the most horrible thing that has ever happened to you be exposed in the media for all to see.”

Moore's mother, Margaret Schaffer, said that “We’re going forward now. We’re not looking back.” Young's 2008 rape conviction is currently being appealed.

(Update 5-27-11) Doug Young's appeal of his 2009 rape conviction has been denied by the Tennessee Court Of Criminal Appeals in a unanimous decision dated Monday, May 23, 2011. The appeal is based on the introduction of Young's 1st rape conviction in the second trial as evidence. The court said that while testimony regarding the first rape conviction was a bit excessive, it allowed prosecutors to privide evidence of a criminal plan or motive. The appellate court also ruled that other evidence against Young outweightd the error of allowing the testimony relating to the first conviction. The entire decision can be found here in this pdf file. The case number is E2010-00027-CCA-R3-CD.

Wooded Rapist guilty in rape of 16 year old girl - Davidson County won't prosecute any more cases

(Original Post 5-6-08)
Nashville, Tennessee police have caught a suspect whom they believe to be the Wooded Rapist, a sexual predator who has attacked at least 14 women on their wooded homes. Robert Jason Burdick has a criminal record going back to 1998 for rape, and authorities are trying to link him with other unsolved rapes in the area.

Pat Young, the Wooded Rapist's first victim, remembers her attack and hopes that

She said she remembers her attack like it was yesterday. "At home asleep in your bed is supposed to be the safest place you are. Well, that's where I was at, home asleep in my bed," she said.

Young was able to bite her attacker and give police DNA, which they said matches Burdick’s.
But Young said she does not believe her attacker was just getting started.

"You have to wonder where he started. We're the first case that we know of, but were there more that went unreported?" she said.

Sources close to the case said Burdick was sent to Spencer Youth Center for Juvenile Offenders. "I think he's been doing this for a very long time. I know there are cases directly related through DNA. I suspect there are others where there is other evidence and if they can tie it to him, good," Young said.

Burdick has been charged with five counts of aggravated rape and more charges are pending. Sources say that Burdick spent time in juvenile detention and was arrested on assault charges involving a possible girlfriend at age 17.

(Update 10-19-09) The Wooded Rapist suspect was found not guilty of the aggravated rape of Pat Young, but was found guilty of attempted aggravated rape. Robert Jason Burdick, 39, still faces between 8 and 12 years for his attack on Young back in 1994. Burdick has been sentenced to 32 years in prison for the rape of another woman and faces 11 more trials.

The issue that prosecutors failed to prove to the Davidson County Jury was whether Burdick's hand entered Young's vaginal area during the attack, not whether there was an attack. "I don't mind not being raped. Tonight, I'll be with my friends and he goes back to the big house."

Young has been willing to share her name and show her face for the same reason she has reached out to other alleged victims of Burdick, the man police call the "Wooded Rapist."

"This shouldn't be embarrassing for the victims," Young said. "We should be looking at the perpetrators. They take people's souls to empower themselves."

Young was looking at Burdick carefully throughout the trial. She stared at him often during her time on the witness stand. She noticed he would not meet her eyes.

"He looks so dead ordinary," she said. "Put him in a suit and he's a banker or a lawyer. Put him in scrubs and he's a doctor. Put him in a shirt with his name on it and he's a technical guy. There's nothing to say there's evil there."

Defense attorneys cited the failure to prove the most serious charges as a small victory for their client. According to Fletcher Long, "anything other than the charged offense in a high-profile case like this is an achievement. He has been obliterated in the war of public opinion, and if the jurors came in tainted, it wasn't in the defendant's favor."

The defense will appeal based on the theory that only a "John Doe" DNA profile was issued an arrest warrant, not their client by name. Attorney Carrie Gasaway stated "It could very likely be the outcome for Mr. Burdick that there is no conviction on this charge."

Meanwhile, prosecutors are more circumspect, because there are numerous trials to go, and that even though they obtained a conviction for lesser charges that aggravated rape, a conviction is a conviction.

Prosecutor Dan Hamm stated that "Quite frankly we understand that reasonable people could find either way. We were just hoping that the emotions wouldn't be so strong they wouldn't be able to make a decision." His colleague Roger Moore said that  "We will try each count as we get to it. That's our philosophy at this point."

(Update 5-28-10) WIlliamson County, TN jurors found Burdick guilty May 20, 2010 of aggravated and especially aggravated rape in an attack on a then 16 year old girl, Elizabeth "Zea" Miller. Burdick broke into her Brentwood, TN townhouse, kidnapped her and took her at gunpoint to a garage where he raped her. Burdick faces 15 to 25 years when he is sentenced July 13, something that the victim wants.

 "I would love just for my own personal edification to have him be sentenced at the maximum. I have to live this to the fullest and so does he. I don't get to escape out of this any earlier in my life so neither should he. I would love to see two 25-year sentences served consecutively."

[Willamson County District Attorney Kim]Helper called eight witnesses to the stand, including Miller, her mother, detectives working the case and Qadriyyah Debnam, a forensic scientist who worked with the Tennessee Bureau of Investigation at the time of the rape. She told jurors that she found sperm in Miller's underwear that were a match to Burdick's DNA.

Burdick's next trial will be in Wilson County, where he will be tried on aggravated and especially aggravated rape charges for an attack on hie ex-"girlfriend's" niece who he used to babysit. After that trial, the sexual predator will return to Williamson and Davidson Counties for more rape trials.

(Update 9-4-10) Burdick was sentenced to 50 years imprisonment and a $60,000 fine in a Nashville courtroom July 13, 2010 for Miller's rape. If Burdick had took the plea deal he was offered, he would have only received 20 years maximum. Judge Timothy Easter gave Burdick 2 consecutive 25 year sentences for aggravated and especially aggravated rape.

Davidson County prosecutors have retired the remaining seven cases against Burdick in a cost saving measure.

Metro Assistant District Attorney Roger Moore said putting Burdick on trial would waste taxpayer dollars, and he said the remaining five victims agreed the cases could stop. "Lightning may strike the prison, and he may escape, but we are not dealing on possibility. We are dealing with what has been done," Moore said.

Judge Seth Norman agreed to the prosecutor's request, but two other Tennessee counties still plan on trying Burdick on more rape charges. Williamson County District Attorney Kim Helper is scheduled to prosecute two more Wooded Rapist cases. "Victims do have a say in this state, and the victims very much … have the right to face offenders in court,"  she said.
 
Wilson County plans to try Burdick on aggravated rape and especially aggravated kidnapping of a child beginning March 28, 2011. Tom Swink, Wilson County, TN assistant DA, said "While our office believes that Burdick's convictions and sentences will stand on appeal, nothing is certain, and we will proceed as planned with Mr. Burdick's Wilson County prosecution."

Wife of Nashville attorney gets life in strangling death

A Nashville woman who got her husband drunk then strangled him by wrapping a cell phone cord around his neck was sentenced to life without parole for at least 51 years last Thursday. Kelley Cannon was found guilty of 1st degree murder in the strangulation death of her husband James "Jim" Cannon on June 23, 2008. The verdict and sentence were handed down by a Davidson County court Thursday, April 29, after an hour of deliberation.

A cleaning lady found his body in a bedroom closet in his 710 Bowling Ave. home. Kelley Cannon claimed she went to the home the previous evening and found the back door open and no sign of her husband.

However, investigations found discolored pants from bleach Kelley used to try to destroy DNA, and gloves stolen from a Walgreens which matched gloves found at the scene of the murder.

Witnesses called by the prosecution testified about forensic evidence that officials said link Kelley to the murder scene including the tip of a latex glove that contained her DNA.

Brad Putnam was the lead investigator in the murder case. He told the jury Wednesday he found a box of gloves at Kelley's home the day after Jim was found dead in his Green Hills home. "I noticed a box of latex gloves, and the name brand was Walgreens. The corner of the box was missing," said Putnam.

Prosecutors said the tip of glove found at the crime scene contains Kelley's DNA on the inside, and her husband's on the outside. The jury also saw surveillance video showing Kelley taking a box of gloves from a nearby Walgreens the same night as the murder.

In a phone conversation played to the jury Wednesday, Kelley explained to a friend that she used the gloves when coloring her hair.

Prosecution witnesses brought up implied Kelley's motive for the murder was anger at her husband's affairs, her anger of Jim's full custody of their 3 children, and to cover up her own affair. Rick Greene, a "lover" of Kelley, stated he believed Kelley knew about the murder of Jim. "I said look me in the eye and tell me you didn't know his body was in the closet. She said ‘Rick, I can't tell you anything because I don't want you to have to lie.'"

Aaron Bagley, a Smynra bartender, stated that she told him "He was flying women to come see him in other states. They were going through a divorce, and if he tried to take the babies from her that she would kill him."

Her attorney Peter Strianse, said at 5' 3" and around 100 pounds, she was simply too weak to commit the crime. He also tried to convince the jury that police did a sloppy job investigating the case. He argued they didn't check thoroughly on other potential suspects, and did not proceed carefully enough in evidence gathering.

Jurors found that  the victim's blood alcohol content of 0.15 and willingness of the defendant to murder overcomes body strength differences.

After the verdict, Jim's family offered this statement.

We are grateful to have this behind us. We feel that justice has been served, and thank the members of the jury for their careful attention to the facts of the case. Our family appreciates the efforts of the local authorities, and the support and well-wishes of everyone as we return our focus onto our family.

Kelley's mother, Diane Sanders, told reporters, "I still believe in my heart that my daughter didn't do this deed. There are some things that didn't come out that should have been."

Assistant DA Katy Miller said "Whenever there's a death involved and three children have lost their father, it's not victory but justice was done. Still it's a sad day all around." The children have filed a $40 million wrongful death lawsuit against their mother regarding their father's death.

Soldier charged in murder of wife

An Army soldier was arrested in the murder of his wife in their Clarksville, TN home. Sena Marie Downing, 25, from the Iowa town of Decorah, was found shot to death after her body was discovered by police around 3:17 AM, Tuesday morning. Her husband, a 31 year old Iraq veteran who had been deployed to Iraq twice, was arrested later yesterday after fleeing in his vehicle, with a Kentucky tag and Ft. Campbell decals.

The vehicle turned up in Robertson County where the police also found Jonathan Clyde Downing, 31, hiding in the woods. Police used officers on foot, K-9s and a helicopter in the search.
Police talked with him for a couple of hours before arresting him without incident at around noon.

Clarksville Police spokesman Jim Knoll said officers then transported Downing to the Montgomery County Jail to be booked. Knoll did not know whether Downing had obtained a lawyer.

Downing, who was a Calvary Scout in the Army, is charged with criminal homicide. He's originally from Decorah, IA via Ventura, CA.

Tennessee DHS worker coerces woman into sex in exchange for food stamps

A Tennessee Department Of Human Services has been charged with rape for coercing a 28 year old Nashville woman into sex in exchange for the woman continuing to receive food stamps. 38 year old Darius Willis was arrested at his office Friday, August 21 after the woman got him to admit to and apologize for the sex act which took place at his office, located inside the Vanderbilt University Medical Center. Rucker was charged with rape by coercion. He's currently being held on $100,000 bond.

Husband kills wife, 5 others in two state rampage

A man seperated from his wife killed her, her child and 4 others in a rampage stretching across Tennessee and Alabama. Jacob Shaffer, 30 is charged with killing his 38 year old wife Traci Shaffer, her son Devin Brooks, and neighbor, Robert Berber at Traci's home in Fayetteville, TN, a comunnity of around 7000 near the Tennessee, Alabama border.

Robert and Devin were both 16. Devin and a 9 year old girl who wasn't home at the time of the killings were from a previous relationship - a 4 year old girl that Shaffer and Traci had was found unharmed at the crime scene. According to neighbors, the Shaffers moved into the home earlier this year.

After killing those 3, Shaffer went across the street and killed Traci's brother Chris Hall, 34, and Billy Hall, 58. Shaffer went 30 miles south to Huntsville, AL and killed someone at Hall Cultured Marble Granite, a business which Traci's family owns.

The Shaffers were no longer sharing a home but had not filed for separation, said 29-year-old James Wilson, who was gathering belongings from Traci's home in Lincoln County. He said he is the boyfriend of Shaffer's sister, Jennifer.

The Shaffers had a 4-year-old daughter, and Wilson said police told him the girl was home during the killings but wasn't hurt. Wilson told the AP that he met Jacob Shaffer when they were installing drywall, but they had stopped being friends about a year and a half ago.

Lincoln County Sheriff Murray Blackwelder said Saturday that his department was investigating three crime scenes and would not confirm the causes of death in what he called "horrendous" killings and "one of the worst crimes Lincoln County has seen." Autopsies were being performed Sunday and Wilson said police wouldn't tell him how the family was killed.

Helm said the family members died Friday night or early Saturday and that Jacob Shaffer was sitting on the porch of one of the houses when authorities first arrived. Huntsville police said information from him led them to the body at the granite business. They have not released the name of the sixth victim.

Shaffer is currently being held without bond at the Lincoln County Jail.

Wife charged with reckless homicide after husband dies during bondage session - convicted of negligent homicide, sentenced to 18 months

(Original Post 4-21-08)

A woman is being charged with reckless homicide, punishable by up to 12 years in prison, after a BDSM session gone wrong. James Bargy, 29, was found with his hands and feet tied behind his back, a ball in his mouth , which was tied with duct tape, after sexual games with his wife Rebecca, 25. Police say he was like that for almost 20 hours, according to his wife's confession.

Authorities believe she tied up her husband, James Bargy, 29, for sexual pleasure and then left him inside their trailer on Jacobs Lane for about 20 hours, according to a warrant.Sheriff’s deputies found the body about 4 p.m. Saturday. Rebecca Bargy allegedly inserted a ball in her husband’s mouth, duct taped it shut, wrapped a bandage around his head, tied his arms and legs behind his back and then left him in the trailer, according to the warrant.

“When we found him, his head was completely wrapped in an ace bandage with only his nostrils showing,” he said. “Apparently, this was not the first time it had happened.”

While detectives have not called it intentional, James Bargy's family believes that troubles in their marriage led to Becky's killing of her husband.

They say the couple's marriage was on the rocks, and that James had plans to return to his home state of New York.

His sister believes what happened to his brother on Saturday was no accident.

"What kind of person does that, leaves someone for so long without checking on them? Who could do that?" said Lisa Brady, the victim's sister.

Becky's mother said that it was simply a case of bondage gone wrong.

I hope they let her go. She doesn't deserve this, I mean he doesn't either, but something went wrong and god knows its not her fault," said Mona Phillips, Rebecca Bargy's mother.

Rebecca's mother, says the couple often engaged in bondage related sexual activities at James' request.

"They do this all the time and something went wrong. I don't know what went wrong," Phillips explained.

Rebecca Bargy is still in Maury County Jail as of Sunday.

(Update 7-18-09) Last Monday, July 13, Rebecca Bargy was sentenced to 1 1/2 years in prison for negligent homicide. On May 20, after 3 1/2 hours of deliberation, jurors acquitted Bargy of much more serious 2nd degree murder charges, which carry a maximum sentence of 25 years in prison in Tennessee. During the trial, jurors and the victim's family members heard evidence that Bargy had left her husband bound and gagged for 20 hours because she had left to see a "boyfriend," Matthew Gilmore, a man she met while playing World Of Warcraft (WoW).

During the trial, Becky testified that bondage was a part of her 7 year marriage to the victim, and that on April 18, the day before James' death, she had tied her husband up, had sex with her "boyfriend," and the husband got out of his bounds.

Before [Maury County Circuit Court Judge Stella] Hargrove made her ruling, Mona Phillips, Rebecca Bargy’s mother, testified that putting her daughter in jail would do no good and that Rebecca Bargy is upset over her husband’s death. Assistant District Attorney Larry Nickell took exception to the mother’s statements. He pointed out that Rebecca Bargy lived with Gilmore for about a month after James Bargy was found dead.

“This is the last person in the world you think she’d move in with,” he said.During closing arguments, Defense Attorney Samuel Patterson maintained James Bargy’s death was an accident.“This type of case falls under unusual circumstances,” he said. “If she could turn back time, she would.”

In an interview after the verdict, Lisa Bargy, the victim's sister, said this:

She left my brother to die while she was in a hotel room with another man. My brother fighting for every last breath while she was breathing heavy in a hotel...I don't think she meant to kill him, but she definitely should have had to pay for what she did.

Judge Hargrove echoed that sentiment when she said to the perp, “In this court’s mind, the jury did not consider this an accident. It’s almost like Miss Bargy is presenting herself as a victim. I have problems with that. I don’t see her as helpless. Someone has to be held accountable. “ feel there needs to be a consequence when there’s a death that could have been avoided.”

Bargy must serve her time at the Maury County Jail.

Obion County, TN teacher fired due to sexual proposition towards 18 year old student

The Obion County School Board voted unanimously to fire a 24 year veteran teacher for hitting on an 18 year old student during a school sponsored trip after a 4 hour hearing Thursday night.

The incident involving the student S.C. stemmed from a convention of the Future Farmers Of America (FFA) which took place in Gatlinburg, TN. The student went out with others to eat, then was called into South Fulton High School agriculture teacher Bryant Driver's hotel room. S.C. thought that she was going to be reprimanded for smoking and brought an adult female chaperone with her. After the chaperone left, Driver, 46, instructed her to close the door and started to take about his marriage and other subjects, eventually hitting on S.C.

S.C., scared, pretended to recieve texts so she could leave the situation, and contacted her mother. The mother contacted school officials, who then confronted Driver. Driver admitted during the hearing that he began to see S.C. as a "young lady" instead of a student, but denied the sexual banter. He admitted that he tole the victim that he thought a lot about her, and “probably love[d] her, if you want to know the truth.”

The insubordination charge was the result of an incident in which Driver, while on suspension status, allegedly came to a school-sponsored Vocational Advisory Committee meeting the evening of April 2 and initially refused to leave, according to the charge letters recently presented to the board by Obion County Director of Schools David Huss, who recommended Driver be dismissed.

Driver, who had been on suspension status since April 2, had requested Thursday night’s hearing as part of the due process afforded him. He was represented by Virginia A. McCoy, an attorney with the Tennessee Education Association, while school administration was represented by attorney John Miles of Union City.

In Tennessee, teacher student sex is punishable by prison time only when the student is under 18. States such as TX, WA, OH, and NC criminally prohibit teacher/student sex at any age.

Man who killed wife will only serve 45 more days

By Bob Fowler

A former Oak Ridge man accused of killing his wife in a jealous rage pleaded guilty [the morning of September 17] to a reduced charge.

Originally accused of second-degree murder and reckless homicide, Johnathan Ray Taylor, 31, now of Florida, pleaded guilty to voluntary manslaughter.Taylor admitted shooting Patricia L. Taylor, 40, on New Year's Eve 2003.

Taylor received a 10-year prison sentence to be suspended after serving 364 days in the Anderson County Jail.

He was given credit for more than 10 months he has already been locked up, so his actual remaining jail time is about 45 days, said Taylor's attorney, Kevin Angel. Taylor will be on supervised probation for the rest of the 10 years, according to the plea agreement.

The case for years has been mired in the legal system while it was up on an appeal that went all the way to the Tennessee Supreme Court.

Judge James B. "Buddy'' Scott, now retired, refused to accept a plea agreement in the Taylor case that called for a two-year prison sentence on a plea to reckless homicide and the dismissal of the second-degree murder charge.

An appeals court upheld Scott's decision but the Supreme Court overturned it, saying judges can't stop prosecutors who want to dismiss a case.

Memphis officer arrigned on threats against estranged wife

A Memphis police officer who has been with his department since June 2006 was arraigned in a Shelby County, TN court Wednesday afer being accused of allegedly pointing his service revolver at his estranged wife, Mattie Burch and threatening to "blow her to hell." Robert Burch, 39, was relieved of his duties pending an internal investigation, according to police spokeswoman Monique Martin.

Burch was the 3rd Memphis officer arrested on violence charges in the past month. On September 15, Regina Thompson, 23, was charged with aggravated assault and aggravated battery for threatening her ex-boyfriend, and Chancy Jones, 37, was accused of shooting to death 31 year old Phyllis Malone behind the wheel of her car September 9.

Columbia, TN domestic abuser acquitted of rape, convicted of other charges

Carl Gardner Boone, 43, a Columbia, TN man, was found guilty of aggravated assault and reckless endangerment August 28, but acquitted of rape in the beating of his estranged wife. Boone, scheduled to be sentenced September 25, faces 21 years in prison – 6 for the endangerment and 15 for the assault.

The Circuit Court trial began Tuesday in connection with the Aug. 12, 2007, attack of Boone’s wife at her residence on Rock Springs Road.“There is no debate about the attack,” prosecutor Lorraine Wade said during the trial.The victim testified that the attack began when Boone came to her home, knocked on a window and complained that he was thirsty and needed money.

When the victim returned to the door with money and a glass of water, Boone pushed open the door, she said.“The next thing I knew Carl was on top of me with his right hand on my throat and an excruciating pain coming from below my waist,” she said.The attack started on the front steps of her home, and the victim said when she regained consciousness, she was in a field between her and her neighbors’ houses.

Neighbors testified that they could not recognize the victim after the beating. Tina Gecowets testified “I saw a woman bleeding from her face, but I did not know who she was.” A doctor testified that she suffered a broken nose, facial fractures and sinus fractures.

Boone’s attorney argued the nature of the woman’s injuries did not indicate someone tried to kill her and the doctor at the hospital was not licensed to practice medicine.

Because Boone was acquitted of rape, he avoids Tennessee’s new, revamped sex offender registry, which requires e-mail addresses, all aliases, including married names, and IM (instant message) and chat names to be registered. Offenders against minors will be required to avoid work where they have unfettered access to minors, and avoid vehicles like ice cream trucks which attract minors.

Additional changes to the Sex Offender Registry will take effect January 1, 2009, when a physical description of the offender, text of the law describing the criminal offense and a criminal history of the offender will be added.

Kristin Helm, TBI (Tennessee Bureau of Investigation) spokeswoman, stated that the tightened SO restrictions "will help local law enforcement keep track of sex offenders and their registry requirements, as well as keeping them away from places where they may have the opportunity to commit another offense."

Second Tennessee man convicted of raping wife

Doug Young was convicted yesterday of forcing his estranged wife, Heather Moore to perform oral sex on him December 1, 2007. Formally convicted of a single count of aggravated rape after 1 ½ hours of jury deliberation, he faces 15 to 25 years in a Tennessee prison. He will be on supervision for life, and will have to pay a fine of $22,500.

Moore stated that the guilty verdict against her husband was “fantastic” and that “the outcome makes the embarrassment worth it.” He was officially charged with aggravated kidnapping, aggravated burglary, and rape.

Moore testified on Monday, and during a preliminary hearing in January, that Young grabbed her after she refused to give him a hug, shoved her and caused her to fall. The injuries to her lip and beneath her tongue came from him working his thumb around in her mouth after she bit down on it, she has said.

In his testimony, Young said that Moore became upset over another woman he was seeing and a comment he made about her mother, and stormed off down the hall. As he reached out and placed a hand on her shoulder, Moore spun around and fell into a closet door, popping it out of the track, he said.

She bit his thumb, he testified, and then led him in to the master bedroom, out to the deck, and back to the bedroom. About five minutes later, Young told jurors, Moore initiated oral sex as he sat on the corner of the bed.

When asked by a prosecutor if he ejaculated, Young said, “I do not know.”

A forensic analysis introduced as evidence found Moore’s blood on her and Young’s clothing, and semen on a washcloth she used to stop the bleeding from her mouth. The analysis by the Tennessee Bureau of Investigation also yielded DNA profiles that matched those of Young and Moore.

Young testified Tuesday, August 26 that the sexual encounter he had with his wife was consensual and that there divorced on good terms. He also testified that Moore, who was upset after the sexual encounter, bit his thumb. Assistant District Attorney general Teresa Nelson stated that “no woman would consent to oral sex while her month is still bleeding, her eye is still blacked, and she’s bruised all over her face and neck.”

Kennedy told the defendant’s mother and sister not to say anything to the media, an echo of his admonishment to the defendant not to talk about anything other than the December 1 incident he was placed on trial for.

Defense attorney William Kennedy, in his closing argument called the case a “he said, she said scenario – something lead prosecutor Barry Staubus echoed. “If they believed [Moore], they could convict Young.”

Circuit Court Judge Robert Montgomery ordered jurors to ignore the failure to appear charge Young received for leaving Tennessee and missing a January court date. That charge will be the subject of a fall trial. Sentencing is set for October 10.

Man sentenced to 8 years suspended for raping wife - first sucessful spousal rape prosecution in Nashville area since new law

A 24 year old Argentina native was sentenced to an 8 years suspended prison sentence and probation for raping his wife, the first time that Tennessee’s 2005 spousal rape law led to a conviction in Davidson County, which includes Nashville. The sentence came after a plea agreement approved by Judge Monte Watkins in Davidson County Criminal Court, which also included sex offender registration and lifetime supervision. There will be 8 years prison if the offender violates his probation, which is unlikely because he has overstayed his visa, is in police custody, and will probably be deported.

The sexual attack by the perpetrator on his victim, the woman he had been married to for 5 years, and had 2 kids with, occurred September 15, 2007. After the woman told her husband that she didn’t want sex, he raped her. The next morning, she called the police and had a rape exam done at Nashville General Hospital. DNA evidence was taken, and in a monitored phone call, her perpetrator husband "admitted he forced himself on her even after she had told him no."

Metro Det. Robert Carrigan stated that he worked the case the same as a stranger rape, and that legislators knew what they were doing in passing this law.

"We worked the case exactly like any other rape case and not a lick different," said Metro Det. Robert Carrigan, of the sex crimes unit. Because of the nature of it, these cases are a lot harder when there's no force but some coercion and fear. A husband has no right to force sex. And the wife has the right to say, 'No.' Period. They have to protect themselves and they need to report it.''

The police report stated that the "victim told her husband that she would not have sex with him. He told her he would do it anyway even if she did not want to."

The crime of spousal rape did not exist in Tennessee until 1998.

Forcible sexual contact in a marriage was not punishable in Tennessee prior to 1998. But that year, legislators changed the laws for the first time. They created a spousal exemption, meaning a spouse could be charged with rape if a weapon was used or if the attack caused serious bodily injury or if the couple was separated or divorcing while living apart.

In 2005, legislators changed the law again. The passage of the law eliminated the spousal exemption. It made the rape of a spouse as serious as the rape of a stranger.

The victim praised the new law for giving her justice that she deserved.

"This law is important. When you are intimidated, sexually, and forced to do it, it's not fair. It's not just. You are not a possession. It has to be mutual."

Senior Assistant District Attorney General Roger Moore stated that the case was unusual because the victim and perpetrator were still married and living together at the time of the rape and prosecution.

"You can't tell how the pendulum is swinging with one case. It's a unique case. I wonder what a jury's attitude would be toward marriage. It's very interesting to see how these sexual laws evolve."

For advocates who supported passage of the spousal rape law, this case illustrates why the law was necessary.

"This is exactly what we were trying to accomplish," said Kathy Walsh, executive director of the Tennessee Coalition Against Domestic and Sexual Violence.

"Well rape trauma is the same whether the rapist is a stranger or whether the rapist is someone you know. To be forced to have sex is very traumatizing."

"I think it's going to be a relief to a lot of married women who experience rape as a part of their abusive relationship to see that rapists can be held accountable through the courts."

The man's defense attorney Paul Walwyn worries that the rape law may be used for revenge by angry spouses, the same way restraining orders are sometimes abused.

"It's scary because, just like an order of protection, the law is straight-forward," Walwyn said. "Someone could make a claim and there may be evidence, like in this case it's semen. From a defense standpoint, that's hard to refute.''

There's always a possibility of a law getting distorted, but it doesn't mean it will happen in this case, Nashville public defender Ross Alderman said.

"Clearly, any criminal statute can be abused by players in the system," Alderman said. "It's easy to accuse in a moment of anger. In a sense, it's just another tool in the pouch for prosecutors on domestic violence. It's good or bad depending how it's used."

The victim said that the abuse started years ago, but she forgave her husband because she was “in love” with him. After the verdict was read, the victim ran into a bathroom, crying.

No, the victim was not in love. She believed she was in love with her husband. There was never a real relationship, just extensive grooming and perpetration on his side. The same tactics that the sexually assaultive teacher uses with their teenage student, or the therapist uses with the patient he seduced, a sexually abusive “partner” uses.

When a husband rapes a wife, a position of trust has been violated, no different from teacher/student, or therapist/patient sex. An abuser who disguises themselves as a partner creates a position of authority to exercise power and control, in contrast with the professional sexual abuser.

Prison sentencing needs to be handed down. The rape of a wife is at least as devastating as rape by other authority figures. Kristi Dance Oakes, an East TN woman who was sentenced to 6 months in jail and 3 years probation for having oral sex with a 16 year old boy, spent more time in jail after sentencing than this “man”. Heather Thornsby got 3 years for having sex with a 17 year old girl. 2 years in prison is in order - in all 3 cases someone's child was sexually victimized.

Probation officer charged with sexual battery by an authority figure for groping DUI offender

77 year old William Baker, a Maury County, TN probation officer, is in jail charged with groping one of his clients twice during a routine visit.

As a probation officer, Baker handled misdemeanor cases for years. About two weeks ago, Maury County Sheriff's detectives received a complaint from a woman who claimed her probation officer groped her during a meeting.

The woman said that she was at Baker’s mercy because because “he holds our fate in his hands. Basically we're probationaries and all he could do with a phone call is can mess up our entire life."
In an exclusive interview with NewsChannel 5, she said Baker abused his power to sexually assault her. She said he touched her in the upper torso area.

During the interview she started to cry. She said her experience also made her mad, mad enough to go to the sheriff's office. Detectives said she bravely agreed to go back to Baker with a hidden camera. This meant facing more of the alleged abuse.

"He did the exact same thing he had done the Monday before," she said. "I wasn't going to let this guy continue doing this to me. I'm sorry.

The woman agreed to wear a wire and meet with Baker again, when she was allegedly groped a second time – this time, on tape. After a grand jury review, Maury County prosecutors indicted Baker on a sexual assault and a sexual battery by an authority figure charge.

Baker said that he did not touch the woman intentionally. "I gave her a cup and my hand was up and when I turned around she was right there. My hand fell on her and that's it," he said.

Baker said the complaint is a misunderstanding. "No, I have been there for all these years, and I haven't done it," he said.

When asked if he thought the complainant was lying, he said, ‘No, I tried to help her, to keep her from losing her job and going to jail."

Baker was booked into the Maury County jail on a $20,000 bond. He will answer to the charges against him on Thursday.

Maury County investigators believe there are more victims out there, and want any potential victims to call the Maury County Sheriff’s Office. The victim believes that the call for additional victims is necessary.

"He touches women inappropriately and I am not the only one. Surely to goodness, there will be others that come forward."

Doctor pleads from attempted rape to misdemeanor assault

Dr. Bret Sokoloff of Germantown was convicted of three counts of misdemeanor assault after charges of attempted rape, sexual battery and indecent exposure were dismissed. He assaulted three nurses, and was sentenced to three years of probation.

The 37-year-old was indicted last year on five counts of sexual battery and two counts of attempted rape that allegedly occurred between 2005 and February of this year.He was also charged last year with indecent exposure after a professional masseuse at Massage Envy in Collierville said Sokoloff removed his sheet and exposed himself during his massage therapy.

Sokoloff has not practiced since his arrest, even though he has not been formally suspended.
The Tennessee Board of Medical Examiners will take action, if any, on his license.

Man forces woman into servitude, sex in Tennessee

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Beating on the 4th of July sends twice convicted rapist to prison for life

A 65 year old man was sentenced to life without parole for rape after a July 4, 2004 attack on his then 38 year old girlfriend. George Timmons was sentenced based on a "2-strikes" law for certain violent crimes. The counts Timmons was sentenced on included two counts of rape and one count each of aggravated sexual battery, attempted assault by extremely offensive or provocative contact and domestic aggravated assault.

The Chattanooga Times-Free Press has more in its story -Homeless man gets life without parole in 2004 rape, beating:

The charges stemmed from the July 4, 2004, assault on a woman who lived with Mr. Timmons in "tent city," a former homeless encampment along the railroad tracks near East 11th Street.
Assistant District Attorney Boyd Patterson said some crimes, such as rape, mandate a sentence of life without parole if the defendant has previous convictions for similar offenses.

"In this case, Mr. Timmons committed rape in Alabama," Mr. Patterson said.
According to court records, Mr. Timmons was convicted of rape in 1978 in Madison County, Ala., and sentenced to 40 years in prison. It is not clear how many years he served on that conviction.

Defense attorney John McDougal said he will file an appeal. "Mr. Timmons plans to fight forward, and we will continue with that," Mr. McDougal said. District Attorney Boyd Patterson said some crimes, such as rape, mandate a sentence of life without parole if the defendant has previous convictions for similar offenses.

"In this case, Mr. Timmons committed rape in Alabama," Mr. Patterson said. According to court records, Mr. Timmons was convicted of rape in 1978 in Madison County, Ala., and sentenced to 40 years in prison. It is not clear how many years he served on that conviction.
Defense attorney John McDougal said he will file an appeal.

The woman described how Timmons cahnged from a "nice guy" to the batter and rapist he showed himself to be:

"When I first met him he seemed really nice. After a couple weeks he started getting abusive because he thought I was messing around on him." She packed her belongings to leave him because he had shown signs of violence, befor he attacked her with a stick. After beating and raping the victim, Timmons passed out. "I said a prayer to God that I could get out of there and get help," the woman said.

Cathy Davis, a nurse who examined the woman, said the victim had injuries consistent with rape as well as black eyes, bruises on her face and abrasions on her shoulders, back, abdomen, legs and rib cage.

U of Tennesee holds vigil against sexual assault

One hundred women marched in the University of Tennesee's Take Back The Night gathering to protest against sexual and domestic violence. TBTN originated in London back in 1977, and stateside in San Francisco back in 1978, and originally was held to protest street violence against women, but now consists of a vigil and march against men’s violence towards women, most of which is done by people they know.

The Clothesline Project originated in Massachusetts in 1990 as an art project for victims of violence against women. People are encouraged to write on shirts and then symbolically hang them up on the clothesline. Over two dozen shirts were made at UT’s event.

“I had heard the event was really powerful, but I had no idea how emotional it was going to be,” said Anne Marie Sherman, junior in social work and child and family studies. “Events like this are great because you see that you truly are a part of the sisterhood. You realize the true sisterhood you have with women.”

TBTN continued with introductions from WCC members, a presentation from Kali Meister, and an open-mic session for attendees to share their stories.

Jane Peoples, executive director of the Safe Haven Center for assault victims, said the following:

“We must affirm a woman’s right to live free from fear of sexual assault or violence. We have a right to fight for our aunts, our sisters, our children because they have a right not to be afraid,”

“Rape is about keeping us in our place. Rape is about degrading women. We must fight for the right to go to a party without the fear of being seduced into drug or alcohol assault.”

Kali Meister, a DV and CSA survivor who was raped during a nightly walk, said that the term “survivor” is inappropriate because it implies the lack of control the woman had over her life.

“I call myself a thriver. I refuse to settle for anything less. I will not be silenced ever again. Thriving is what I wish for all of you.”

After Meister finished, the “Speak Out” session, where women shared stories of abuse, began, and the stories continued even into the candlelight vigil.

Sarah Cleeton, a sophomore in political science and German said, “I don’t feel in danger every day, but I can see how you would. I don’t feel out of the group here. I feel completely accepted.”

A dozen forcible sex offenses were reported between 2004 & 2006, according to the University of Tennesee's Police Department.

Reference:

Take Back The Night raises awareness of sexual assault

Kathleen Collins - assaulted by her coach

While this blog is geared towards victims over 18, the case of Kathleen Collins, a woman who is a sexual abuse survivor, shows both the damage done with sexual abuse at any age, and the stuggle to regain identity after "being molded into an object for sexual pleasure." She was groomed at 11 by her volleyball coach, Jeffery Foster, for a sexual relationship which started at age 17. Kathleen went from team captain to depression and attempted suicide before beginning a process of healing. Whether 12, 17, 22, or 27, the symptons and devastation is the same, and the jorney towards healing is the same. Kathleen's story speaks for itself.