(Original Post 2-7-10)
Peter Chi, a Livermore, CA plastic suregeon who practiced in Tracy, CA, has settled a lawsuit for $1.8 million filed by 37 female patients who alleged that they were groped and fondled by him at his practice, according to Stewart Tabak, the attorney for some of the victims. Tabak said that he and other attorneys reached the settlement because "It would be better to resolve it now." Chi's insurance company, Evaston Insurance, is trying to revoke his policy for criminal acts, not covered under the policy.
Chi, a Livermore resident, was the medical director of Beauty Renewed Laser Skin Center at 1770 N. Tracy Blvd. He was first charged in February 2009 after eight women filed reports with Tracy police. More women came forward after the investigation became public. The incidents are alleged to have occurred from May 2007 to January 2008.
The criminal case against Chi, 46, is still ongoing. He has pleaded not guilty to 51 counts of sexual battery, 15 counts of sexual penetration with a foreign object while the victim was unconscious and one count of committing a lewd act upon a child. One of Chi's accusers was 15 at the time of the alleged molestation.
Chi's trial is scheduled to start October 25. He's currently free on $500,000 bail and has surrendered his passport and medical license to authorities.
(Update 4-13-11) Chi was sentenced to 3 years imprisonment and a lifetime on the sex offender registry on April 4, 2011. The disgraced physician pled guilty to 36 counts of sexual battery and one dozen of the victims were present in the courtroom. "Renee" said that Chi botched her plastic surgery as well as groped her. "I feel like I was in a major car accident... He mutilated not only my body but my spirit. Today is judgment day."
As for Chi himself, he said just before sentencing,"I accept complete responsibility for my actions, and I am very sorry for the pain and suffering I have caused the victims and their families." San Joaquin County Superior Court Judge Xapuri Villapudua chastized him for "taking advantage of mothers, daughters, and sisters."
Diana Koron, Chi's marketing director between 2004 and 2006 until she said Chi sexually assaulted her, attended Chi's sentencing. “I’m glad it’s over. I wish the sentence would be longer. But I am glad it’s over. I’ve been waiting since 2006 for him to be sentenced. Being in the courtroom yesterday was so emotionally draining....He showed absolutely no remorse whatsoever. He wouldn’t even look at anyone,”she said. Koron was not represented in any of Chi's civil lawsuits or criminal charges.
Showing posts with label lawsuit. Show all posts
Showing posts with label lawsuit. Show all posts
Wednesday, April 13, 2011
Friday, January 14, 2011
Lawsuit by 17 year old boy alleges school did nothing to protect him from teacher - teacher sentenced to 2 years sex offender probation
(Original post 8-21-09)
A math teacher accused of sexually assaulting a 17 year old boy at a Chicago West Side college preparatory school was sued by the boy's family yesterday. The suit alleges intentional infliction of emotional distress, willful and wanton misconduct, negligence and breach of fiduciary duty. Damages are over $50,000 per count, excluding court costs.
The student-athlete, an unnamed minor, was recruited and enrolled at Chicago Hope Academy, 2189 West Bowler Street in the Near West Side neighborhood on the West Side, in 2005, the suit said.
Beginning in the spring of 2008, when the boy was 16 years old, his math teacher Kathryn Vail-Wesley, 22, “publicly and privately showered Plaintiff with attention and affection,” the suit said.Vail-Wesley “would hug or touch Plaintiff on an almost daily basis during the 2007-2008 school year, and would invite Plaintiff to her home,” the suit said.
Vail-Wesley was “well-liked” by students, and the boy felt “privileged to receive attention” and looked to her as a “mentor, leader, protector and authority figure,” the suit said.
After the grooming, Vail-Wesley began making phone calls and “gratuitous inappropriate and/or intimate discussion regarding her private life and sexual history,” eventually approaching his for sex because she was fond of him and wanted to “mix [his] chocolate skin with [her] vanilla skin.” This culminated in repeated sexual encounters between August and October of 2008. The end of the relationship occurred after Vail-Wesley’s husband, a fellow teacher at the school, found his wife and the victim, physically assaulting the victim.
Vail-Wesley’s solicitation and sexual exploitation of the boy included sexual touching, kissing, intercourse and other sexual acts. It occurred in various locations, including but not limited to classrooms, passageways, the teacher’s lounge, chapel and other locations on the Academy’s premises, the suit said. Vail-Wesley explained that her sexual behavior was a “reward” for the boy’s good athletic performance for the school's football team, the suit said. She would attend the boy’s football games exclusively wearing his jersey.
Vail Wesley has been charged with 5 counts of sexual assault, with the trial still pending. The lawsuit stated that teacher student boundaries were blurred, particularly between teachers and student-athletes. The perp's sexual actions were “regular and conspicuous” and “should have been apparent” to other teachers and coaches, but "[a]cademy staff turned a blind eye to Vail-Wesley’s inappropriate attention.”
The lawsuit says that school administrators, teachers, and coaches began to intimidate the victim, culminating after the administration gave the boy a choice to either withdraw or be expelled from Chicago Hope, disrupting both his academic and athletic careers.
(1-14-11 - guilty plea to lesser charges) Vail-Wesley was sentenced to 2 years of sex offender probation Wednesday, January 12, 2011 after pleading guilty to aggravated criminal sexual abuse. The other counts of sexual assault were dropped by prosecutors. Chicago Hope principal Mike Laneve said that “Chicago Hope Academy doesn’t discuss school affairs in public.”
A math teacher accused of sexually assaulting a 17 year old boy at a Chicago West Side college preparatory school was sued by the boy's family yesterday. The suit alleges intentional infliction of emotional distress, willful and wanton misconduct, negligence and breach of fiduciary duty. Damages are over $50,000 per count, excluding court costs.
The student-athlete, an unnamed minor, was recruited and enrolled at Chicago Hope Academy, 2189 West Bowler Street in the Near West Side neighborhood on the West Side, in 2005, the suit said.
Beginning in the spring of 2008, when the boy was 16 years old, his math teacher Kathryn Vail-Wesley, 22, “publicly and privately showered Plaintiff with attention and affection,” the suit said.Vail-Wesley “would hug or touch Plaintiff on an almost daily basis during the 2007-2008 school year, and would invite Plaintiff to her home,” the suit said.
Vail-Wesley was “well-liked” by students, and the boy felt “privileged to receive attention” and looked to her as a “mentor, leader, protector and authority figure,” the suit said.
After the grooming, Vail-Wesley began making phone calls and “gratuitous inappropriate and/or intimate discussion regarding her private life and sexual history,” eventually approaching his for sex because she was fond of him and wanted to “mix [his] chocolate skin with [her] vanilla skin.” This culminated in repeated sexual encounters between August and October of 2008. The end of the relationship occurred after Vail-Wesley’s husband, a fellow teacher at the school, found his wife and the victim, physically assaulting the victim.
Vail-Wesley’s solicitation and sexual exploitation of the boy included sexual touching, kissing, intercourse and other sexual acts. It occurred in various locations, including but not limited to classrooms, passageways, the teacher’s lounge, chapel and other locations on the Academy’s premises, the suit said. Vail-Wesley explained that her sexual behavior was a “reward” for the boy’s good athletic performance for the school's football team, the suit said. She would attend the boy’s football games exclusively wearing his jersey.
Vail Wesley has been charged with 5 counts of sexual assault, with the trial still pending. The lawsuit stated that teacher student boundaries were blurred, particularly between teachers and student-athletes. The perp's sexual actions were “regular and conspicuous” and “should have been apparent” to other teachers and coaches, but "[a]cademy staff turned a blind eye to Vail-Wesley’s inappropriate attention.”
The lawsuit says that school administrators, teachers, and coaches began to intimidate the victim, culminating after the administration gave the boy a choice to either withdraw or be expelled from Chicago Hope, disrupting both his academic and athletic careers.
(1-14-11 - guilty plea to lesser charges) Vail-Wesley was sentenced to 2 years of sex offender probation Wednesday, January 12, 2011 after pleading guilty to aggravated criminal sexual abuse. The other counts of sexual assault were dropped by prosecutors. Chicago Hope principal Mike Laneve said that “Chicago Hope Academy doesn’t discuss school affairs in public.”
Saturday, February 13, 2010
Former Riverside officer gets 3 months jail, lifetime SO registration for coercing woman into oral sex
A former Riverside, CA police officer will have to serve 23 more days for coercing a woman into oral sex while on duty. Robert Allan Forman, 39, sentenced yesterday, will serve a total of 3 months in jail and three years probation. Forman only has 23 days to serve on his jail term, but must register for life as a California sex offender. He was convicted December 12 of a count of forced oral copulation, and misdemeanor petty theft for stealing from a john.
According to prosecutors, Forman went to a Riverside woman's home in March 2008 to investigate a check fraud case, then returned to the house alone to receive oral sex. The woman testified she felt forced to comply because he was a police officer and she feared going to jail. Jurors acquitted Forman of a second charge when a prostitute alleged he picked her up in a local park and forced her to perform oral sex.
Forman testified that the relations were consensual, but admitted during his sentencing hearing Thursday that he acted inappropriately, said his attorney, Mark Johnson. He has maintained he is innocent of any crime. "He placed himself in a position that made him vulnerable," Johnson said.
Deputy District Attorney Elan Zektser declined to comment after the sentencing.
Johnson said his client's case can be compared to David Kushner, the Moreno Valley ex-officer sentenced to 3 months in jail and 5 years probation for 2 counts of forcible orla copulation and kidnapping.
The victim in the criminal case and the prostitute Forman was criminally acquitted of abusing have both filed complaints against the city of Riverside. These claims are for a total of $11.6 million.
According to prosecutors, Forman went to a Riverside woman's home in March 2008 to investigate a check fraud case, then returned to the house alone to receive oral sex. The woman testified she felt forced to comply because he was a police officer and she feared going to jail. Jurors acquitted Forman of a second charge when a prostitute alleged he picked her up in a local park and forced her to perform oral sex.
Forman testified that the relations were consensual, but admitted during his sentencing hearing Thursday that he acted inappropriately, said his attorney, Mark Johnson. He has maintained he is innocent of any crime. "He placed himself in a position that made him vulnerable," Johnson said.
Deputy District Attorney Elan Zektser declined to comment after the sentencing.
Johnson said his client's case can be compared to David Kushner, the Moreno Valley ex-officer sentenced to 3 months in jail and 5 years probation for 2 counts of forcible orla copulation and kidnapping.
The victim in the criminal case and the prostitute Forman was criminally acquitted of abusing have both filed complaints against the city of Riverside. These claims are for a total of $11.6 million.
Saturday, November 7, 2009
Security guard gets 3 months house arrest for sex assault on co-worker
Ralph Robles, a 39 year old former hospital guard, will serve 3 months of house arrest for the indecent assault on a co-worker in Bethlehem, PA. Robles plead guilty to the assault in the hospital basement. Northampton County Judge Stephen Baratta sentenced Robles Thursday, November 5 after reading a pre-sentence report suggesting that he is a low risk to reoffend.
Robles, a seven-year Easton Hospital security guard, was charged with putting a switchboard operator in a head lock and forcing her to perform oral sex Jan. 7, 2007, while she was working alone.
But when he pleaded guilty in September, it was to a second-degree misdemeanor count of indecent assault, with prosecutors dropping a more serious felony charge of involuntary deviate sexual intercourse.
Reading from a presentence investigation, Baratta said Robles admitted only to rubbing up against the victim on various occasions. ''The situation was a big mistake,'' said Robles, who was fired by the hospital after the charges surfaced.
Robles, who will serve 21 months of probation after the house arrest is over, must undergo sex offender treatment. Robles has a civil judgement against him by his victim, who alleges that he had a history of assault and harassment before the sex attack. Easton Hospital and some of its administrators are also named in the federal lawsuit.
Robles, a seven-year Easton Hospital security guard, was charged with putting a switchboard operator in a head lock and forcing her to perform oral sex Jan. 7, 2007, while she was working alone.
But when he pleaded guilty in September, it was to a second-degree misdemeanor count of indecent assault, with prosecutors dropping a more serious felony charge of involuntary deviate sexual intercourse.
Reading from a presentence investigation, Baratta said Robles admitted only to rubbing up against the victim on various occasions. ''The situation was a big mistake,'' said Robles, who was fired by the hospital after the charges surfaced.
Robles, who will serve 21 months of probation after the house arrest is over, must undergo sex offender treatment. Robles has a civil judgement against him by his victim, who alleges that he had a history of assault and harassment before the sex attack. Easton Hospital and some of its administrators are also named in the federal lawsuit.
Sunday, September 13, 2009
Ambulance company owes $3.25 million for sexual abuse by paramedic
An ambulance company responsible for ambulance transportation in the greater Portland, OR metro area was ordered to pay $3.25 million in damages to a woman sexually abused by a paramedic currently serving 5 years in prison for sexual assault on Wednesday, September 9. The award against American Medical Response, or AMR, goes as follows - $2.25 million in damages caused by the abuse itself, and another million because the victim, 29 year old Royshekka Herring, was determined to be a vulnerable victim under state law.
[Plaintiff attorney Greg Kafoury] also said there were “two smoking guns in this case.” The first, he said, is that [former paramedic Lannie]Haszard had three complaints against him in 14 months while working for AMR and he continued to keep his job. The other is that AMR kept information about previous accusations that had been reported to them from police.
AMR serves the greater Portland area. “When you call 911, that’s who you’re going to get,” said Kafoury.
AMR’s attorney, James Dumas, said in his closing argument that Haszard “is a master of deception” and that he fooled every single person whom he worked with at AMR. He urged that “AMR Northwest is also a victim” and that they, too, were abused by Haszard.
Besides Herring, other victims of the abusive paramedic were in court September 4, listening to the closing arguments. Paula Price, a victim who complained of molestation to Portland, OR police, was one of them. After Price went to police, Haszard was caught, arrested, and evnetually convicted. “If Paula Price made her report to AMR instead of the police, would Haszard be in jail?” asked Kafoury.
[Plaintiff attorney Greg Kafoury] also said there were “two smoking guns in this case.” The first, he said, is that [former paramedic Lannie]Haszard had three complaints against him in 14 months while working for AMR and he continued to keep his job. The other is that AMR kept information about previous accusations that had been reported to them from police.
AMR serves the greater Portland area. “When you call 911, that’s who you’re going to get,” said Kafoury.
AMR’s attorney, James Dumas, said in his closing argument that Haszard “is a master of deception” and that he fooled every single person whom he worked with at AMR. He urged that “AMR Northwest is also a victim” and that they, too, were abused by Haszard.
Besides Herring, other victims of the abusive paramedic were in court September 4, listening to the closing arguments. Paula Price, a victim who complained of molestation to Portland, OR police, was one of them. After Price went to police, Haszard was caught, arrested, and evnetually convicted. “If Paula Price made her report to AMR instead of the police, would Haszard be in jail?” asked Kafoury.
AMR was on the hook for punitive damages, but the request for punitive damages was denied by a Multnomah County jury on Thursday, September 10, the day after the verdict.
Friday, August 21, 2009
Mother sues over bus driver's sex abuse of daughter
Mother of mentally challenged woman sues bus driver accused of fondling her daughter
by Jennifer Golson/The Star-Ledger
Sunday August 16, 2009, 12:30 PM
HUNTERDON COUNTY -- The mother of a mentally challenged Hunterdon County woman is suing the bus driver accused of fondling her daughter on several occasions and the man's former employer.
The complaint, filed recently in Superior Court in Flemington, accuses Califon resident Gary Sherratt, 69, of inflicting emotional distress and battery for abuse the then-28-year-old woman allegedly suffered between late 2007 and the first five months of 2008, on her way home from a job training program. Her name is being withheld by The Star-Ledger because she is an alleged victim of sexual assault.
Easton Coach Co. is accused of negligence for failing to investigate Sherratt before hiring him, according to the lawsuit filed by Phillipsburg-based attorney Edward Glynn on behalf of the victim's mother.
Easton has a contract with the county and transports individuals with disabilities, such as the alleged victim, the lawsuit states.
The victim functions on the level of a 12-year-old, Glynn said. She told her mother about the alleged abuse, and the mother notified authorities, the lawyer said.
Sherratt "basically sexually molested a mentally incompetent person," Glynn said in a telephone interview. "This happened a number of times, where he would take everybody else to their residences and drop them off, and he would have to go out of his way to do it," ensuring that the victim was the last passenger, the lawyer said.
Sherratt called the claims "absolutely false."
"I was the least likely to have done it," he said.
Sherratt was charged with one count of third-degree aggravated criminal sexual contact, said Hunterdon County Assistant Prosecutor Brian Shevlin, who represented the state. Authorities narrowed the time period for the alleged assaults to between March 1 and May 28, 2008. Sherratt did not plead guilty, but he was admitted into the pretrial intervention program for two years.
Sherratt said he only applied for PTI because his lawyer advised him to, "on the assumption that it could go either way, because of the circumstances."
Joe Scott, president and chief executive officer of the company based in Easton, Pa., said company officials are aware of the situation. He declined comment on the lawsuit, saying he has not seen it.
The 7-year-old company has several public contracts working with transportation authorities or county agencies, Scott said.
Once they learned of the investigation, "our standard procedure is to take him out of service, with a complaint of that type and magnitude," he said. Sherratt was suspended with pay during the investigation, which lasted about six months.
Sherratt no longer works for the busing company, Scott said, and it is unclear what will happen after he completes the PTI program. "He's not officially terminated, but we would not employ somebody who was in that type of program," Scott said.
Easton is still the road operator for Hunterdon County's Community Transportation system, the LINK, said Pamela Pontrelli, county human services administrator. Hunterdon paid them about $2.7 million in 2008.
The victim was one of the passengers with disabilities whom Sherratt transported to a day program in Flemington, according to the lawsuit. On various occasions, he "inappropriately and illegally" touched the victim, committing battery, the lawsuit states.
The victim "sustained psychological harm and injuries, severe emotional distress and other injuries of a severe nature, requiring extensive treatment/counseling," the lawsuit says.
Easton Coach "was negligent in failing to investigate defendant, Gary Sherratt, prior to hiring him, failing to monitor his actions while on the job, failing to properly supervise him while on the job, failing to investigate him after hiring him, and was otherwise generally negligent in allowing Gary Sherratt to become involved in circumstances and settings where he was able to accomplish the illegal and improper acts," the lawsuit says.
by Jennifer Golson/The Star-Ledger
Sunday August 16, 2009, 12:30 PM
HUNTERDON COUNTY -- The mother of a mentally challenged Hunterdon County woman is suing the bus driver accused of fondling her daughter on several occasions and the man's former employer.
The complaint, filed recently in Superior Court in Flemington, accuses Califon resident Gary Sherratt, 69, of inflicting emotional distress and battery for abuse the then-28-year-old woman allegedly suffered between late 2007 and the first five months of 2008, on her way home from a job training program. Her name is being withheld by The Star-Ledger because she is an alleged victim of sexual assault.
Easton Coach Co. is accused of negligence for failing to investigate Sherratt before hiring him, according to the lawsuit filed by Phillipsburg-based attorney Edward Glynn on behalf of the victim's mother.
Easton has a contract with the county and transports individuals with disabilities, such as the alleged victim, the lawsuit states.
The victim functions on the level of a 12-year-old, Glynn said. She told her mother about the alleged abuse, and the mother notified authorities, the lawyer said.
Sherratt "basically sexually molested a mentally incompetent person," Glynn said in a telephone interview. "This happened a number of times, where he would take everybody else to their residences and drop them off, and he would have to go out of his way to do it," ensuring that the victim was the last passenger, the lawyer said.
Sherratt called the claims "absolutely false."
"I was the least likely to have done it," he said.
Sherratt was charged with one count of third-degree aggravated criminal sexual contact, said Hunterdon County Assistant Prosecutor Brian Shevlin, who represented the state. Authorities narrowed the time period for the alleged assaults to between March 1 and May 28, 2008. Sherratt did not plead guilty, but he was admitted into the pretrial intervention program for two years.
Sherratt said he only applied for PTI because his lawyer advised him to, "on the assumption that it could go either way, because of the circumstances."
Joe Scott, president and chief executive officer of the company based in Easton, Pa., said company officials are aware of the situation. He declined comment on the lawsuit, saying he has not seen it.
The 7-year-old company has several public contracts working with transportation authorities or county agencies, Scott said.
Once they learned of the investigation, "our standard procedure is to take him out of service, with a complaint of that type and magnitude," he said. Sherratt was suspended with pay during the investigation, which lasted about six months.
Sherratt no longer works for the busing company, Scott said, and it is unclear what will happen after he completes the PTI program. "He's not officially terminated, but we would not employ somebody who was in that type of program," Scott said.
Easton is still the road operator for Hunterdon County's Community Transportation system, the LINK, said Pamela Pontrelli, county human services administrator. Hunterdon paid them about $2.7 million in 2008.
The victim was one of the passengers with disabilities whom Sherratt transported to a day program in Flemington, according to the lawsuit. On various occasions, he "inappropriately and illegally" touched the victim, committing battery, the lawsuit states.
The victim "sustained psychological harm and injuries, severe emotional distress and other injuries of a severe nature, requiring extensive treatment/counseling," the lawsuit says.
Easton Coach "was negligent in failing to investigate defendant, Gary Sherratt, prior to hiring him, failing to monitor his actions while on the job, failing to properly supervise him while on the job, failing to investigate him after hiring him, and was otherwise generally negligent in allowing Gary Sherratt to become involved in circumstances and settings where he was able to accomplish the illegal and improper acts," the lawsuit says.
Saturday, June 20, 2009
Black Canadian prosecutor accuses Toronto police of sexually motivated strip search
Betsy Powell
COURTS BUREAU[Toronto Star]
A Crown attorney is asking a Superior Court judge to lay sexual assault charges against two Toronto police officers who "forced him to submit to an unlawful strip search," according to court documents.
The prosecutor, identified on the court docket yesterday as R.S., is appealing a decision by a justice of the peace last year not to charge the officers in connection with the Oct. 6, 2007, incident.
The allegation raises "implications for police as it relates to their long impugned practice of conducting strip searches on short-term detainees without the requisite lawful grounds," according to court documents filed by Donald McLeod, the lawyer representing R.S.
The justice of the peace did, however, approve assault charges against the two arresting officers after R.S. took the unusual step of laying charges privately. Those charges were withdrawn in March.
The 37-year-old Crown attorney, who is black, was arrested for causing a disturbance in the Entertainment District and later filed a human rights tribunal complaint alleging racism was behind his arrest. He was identified when the story became public earlier this year.
Now McLeod and Patrice Band, the lawyer representing the Crown, are requesting a publication ban on the full identify of R.S. as well as the two officers.
Justice Ian Nordheimer yesterday adjourned the matter to July 7.
The court documents submitted on behalf of R.S. say there was nothing "that could possibly justify a complete level 3 strip search."
"The applicant believed he was forced to submit to the degrading and humiliating strip search for an improper purpose – the impugned officers wanted to teach him a lesson."
During the strip search, R.S. says he was forced to "touch and manipulate his genitalia with his hands." He submits "that when assessed in the context of the relevant and controlling judicial authorities, the conduct of the impugned officers satisfies the legal elements of sexual assault."
A factum filed on behalf of the respondent says "there is no evidence that the search was conducted in circumstances of a sexual nature."
COURTS BUREAU[Toronto Star]
A Crown attorney is asking a Superior Court judge to lay sexual assault charges against two Toronto police officers who "forced him to submit to an unlawful strip search," according to court documents.
The prosecutor, identified on the court docket yesterday as R.S., is appealing a decision by a justice of the peace last year not to charge the officers in connection with the Oct. 6, 2007, incident.
The allegation raises "implications for police as it relates to their long impugned practice of conducting strip searches on short-term detainees without the requisite lawful grounds," according to court documents filed by Donald McLeod, the lawyer representing R.S.
The justice of the peace did, however, approve assault charges against the two arresting officers after R.S. took the unusual step of laying charges privately. Those charges were withdrawn in March.
The 37-year-old Crown attorney, who is black, was arrested for causing a disturbance in the Entertainment District and later filed a human rights tribunal complaint alleging racism was behind his arrest. He was identified when the story became public earlier this year.
Now McLeod and Patrice Band, the lawyer representing the Crown, are requesting a publication ban on the full identify of R.S. as well as the two officers.
Justice Ian Nordheimer yesterday adjourned the matter to July 7.
The court documents submitted on behalf of R.S. say there was nothing "that could possibly justify a complete level 3 strip search."
"The applicant believed he was forced to submit to the degrading and humiliating strip search for an improper purpose – the impugned officers wanted to teach him a lesson."
During the strip search, R.S. says he was forced to "touch and manipulate his genitalia with his hands." He submits "that when assessed in the context of the relevant and controlling judicial authorities, the conduct of the impugned officers satisfies the legal elements of sexual assault."
A factum filed on behalf of the respondent says "there is no evidence that the search was conducted in circumstances of a sexual nature."
Wednesday, March 25, 2009
Oklahoma sheriff charged, convicted of numerous counts of rape - sentenced to 79 years
(Original Post 4-19-08)
Custer County Sheriff Mike Burgess of Oklahoma was indicted on 35 counts, including 14 counts of 2nd degree rape, 5 counts of bribery by a public official and 7 counts of forcible oral sex for allegedly coercing and bribing inmates to participate in sex games.
Burgess, the top officer in the county of 26,000 since 1994, appeared in court Wednesday was released after posting $50,000 bail.
"We are stunned," Undersheriff Kenneth Tidwell said Thursday.
Attorney Steve Huddleston said that he has not had a chance to review all the allegations against his client, but that "Mr. Burgess is anxious to go to court and clear his name."
Among other things, Burgess is accused of having sex with a female drug court participant who was in his custody. The crimes are to have occurred between October 2005 and April 2007.
A dozen former inmates filed a federal lawsuit last October alleging that they were offered cigarettes for flashing their breasts and employees and forced to engage in wet T-shirt contests.
One prisoner alleged she became a jail trusty with more freedom after agreeing to perform a sex act on Burgess, but lost that status when she later refused.
Burgess also faces two counts each of sexual battery, rape by instrumentation and subornation of perjury, and one count each of engaging in a pattern of criminal offenses, indecent exposure and kidnapping.
He could be sentenced to 467 years in prison if convicted on all counts, special prosecutor James Boring said, though a lesser sentence would be more likely.
No other officials have been charged or implicated at this time. [It seems like there are others besides the Sheriff who participated. He couldn't have done all of this by himself. Someone had to distribute the cigarettes].
(Update 8-16-08) Jennifer Tyler, a former deputy sheriff now an officer in Washington State, testified in the preliminary hearing Tuesday that Burgess put his hand down her pants, feeling her buttocks and waistline when she was fitting her uniform for the job on her first day.
"It's degrading to have someone who just hired you to stick his hands down your pants," Tyler said.
The defense atorney, Tim Henderson, asked why Tyler did not just punch him out or report him to officials and not just her husband, and she said "I needed a job."
On another occasion, she alleged that Burgess grabbed her butt outside a OKC restraunt while another deputy watched, and placed his left hand on her thigh under the table while inside it.
Henderson asked why Tyler did not protest, and she said, "I needed the insurance. I needed the job. I had a baby to feed."
Tyler also claimed she had an unwanted encounter with Burgess in a hallway outside District Judge Charles L. Goodwin's courtroom. On that occasion, she claimed Burgess grabbed her buttocks from behind and attempted to pull her against his body. A struggle ensued while Burgess "laughed."
"Finally," Tyler said, "I broke through the door where a group of attorneys had congregated."
Henderson then implied that Tyler should have punched Burgess out, and that Tyler was willing to compromise her morals for a job. (If Tyler had done so, she could be charged with battery on a police officer, or even shot, while the officer claimed self-defense. Losing her job would be the least of her worries).
"So you were willing to compromise your morals for a $24,000-a-year-job?" Henderson barked.
"I guess so," Tyler said sheepishly. "I did."
(Update 1-19-09) Burgess was convicted of 13 felony counts for using his position to coerce drug court defendants and inmates into sex. A Major County jury convicted Burgess on 13 counts, including 5 counts of 2nd degree rape. The jury recommended that Burgess serve a 94 year sentence. Formal sentencing will be March 24. The jury also acquitted Burgess of 23 other counts.
Burgess was [also] convicted of three counts of bribery by a public official; two counts of forcible sodomy; and one count each of kidnapping, sexual battery and engaging in a pattern of criminal offenses.
Under Oklahoma law, inmate/guard sex is deemed non consensual, and others who "control the conditions" of an inmates confinement also can't legally consent to sex with inmates. Because Burgess administered a drug court in Custer County, prosecutors alleged that he controlled the condiitons of confinement.
Victims testified that they feared that they would be sent to prison if they did not provide sexual favors to Burgess, with one victim having sex with him over a 14 month period.
Defense lawyer Steve Huddleston contended that drug court defendants were controlled by a judge, not Burgess, and said the women were hoping a verdict against Burgess in criminal court would translate to a payday for them in a civil case.
Prosecutor Jim Swartz in closing arguments, stated "If you're going to act like an animal, you're going to be caged like an animal." After the verdict, prosecutor Mike Boring stated that "I think this is an extremely important decision. This kind of action cannot be tolerated in our society."
Steve Huddleston, Burgess' defense attorney, said his client will appeal.
(Update 3-25-09) Burgess was sentenced to 79 years in prison and a $15,000 fine by Associate District Judge N. Vince Barefoot yesterday. Jurors recommended 94 years in prison and a $15,000 fine.
Victim Brenda Brown said, "I’m relieved he’s being put away for a long time. I know I feel safer. I also feel compassion for his family. But I also know I didn’t put them in this position. Mike Burgess did.”
Brown's mother, Sue McDougall, wrote letters to Judge Barefoot explaining that Burgess need to be made an example of.
"I basically said we needed to make him (Burgess) an example for those in law enforcement who want to use their positions and power against those who are vulnerable. Brenda was trying to start her life over again when he forced her to do all those things. He should be punished.”
Joy Lee Mason, another victim, held hands with Brown, stating "We were just clenching each other’s hands. I have a very hard time looking at him. It’s just too hard. There’s no telling how far he set me back in my recovery. Right now, I’m pretty much back to square one.”
Custer County Sheriff Mike Burgess of Oklahoma was indicted on 35 counts, including 14 counts of 2nd degree rape, 5 counts of bribery by a public official and 7 counts of forcible oral sex for allegedly coercing and bribing inmates to participate in sex games.
Burgess, the top officer in the county of 26,000 since 1994, appeared in court Wednesday was released after posting $50,000 bail.
"We are stunned," Undersheriff Kenneth Tidwell said Thursday.
Attorney Steve Huddleston said that he has not had a chance to review all the allegations against his client, but that "Mr. Burgess is anxious to go to court and clear his name."
Among other things, Burgess is accused of having sex with a female drug court participant who was in his custody. The crimes are to have occurred between October 2005 and April 2007.
A dozen former inmates filed a federal lawsuit last October alleging that they were offered cigarettes for flashing their breasts and employees and forced to engage in wet T-shirt contests.
One prisoner alleged she became a jail trusty with more freedom after agreeing to perform a sex act on Burgess, but lost that status when she later refused.
Burgess also faces two counts each of sexual battery, rape by instrumentation and subornation of perjury, and one count each of engaging in a pattern of criminal offenses, indecent exposure and kidnapping.
He could be sentenced to 467 years in prison if convicted on all counts, special prosecutor James Boring said, though a lesser sentence would be more likely.
No other officials have been charged or implicated at this time. [It seems like there are others besides the Sheriff who participated. He couldn't have done all of this by himself. Someone had to distribute the cigarettes].
(Update 8-16-08) Jennifer Tyler, a former deputy sheriff now an officer in Washington State, testified in the preliminary hearing Tuesday that Burgess put his hand down her pants, feeling her buttocks and waistline when she was fitting her uniform for the job on her first day.
"It's degrading to have someone who just hired you to stick his hands down your pants," Tyler said.
The defense atorney, Tim Henderson, asked why Tyler did not just punch him out or report him to officials and not just her husband, and she said "I needed a job."
On another occasion, she alleged that Burgess grabbed her butt outside a OKC restraunt while another deputy watched, and placed his left hand on her thigh under the table while inside it.
Henderson asked why Tyler did not protest, and she said, "I needed the insurance. I needed the job. I had a baby to feed."
Tyler also claimed she had an unwanted encounter with Burgess in a hallway outside District Judge Charles L. Goodwin's courtroom. On that occasion, she claimed Burgess grabbed her buttocks from behind and attempted to pull her against his body. A struggle ensued while Burgess "laughed."
"Finally," Tyler said, "I broke through the door where a group of attorneys had congregated."
Henderson then implied that Tyler should have punched Burgess out, and that Tyler was willing to compromise her morals for a job. (If Tyler had done so, she could be charged with battery on a police officer, or even shot, while the officer claimed self-defense. Losing her job would be the least of her worries).
"So you were willing to compromise your morals for a $24,000-a-year-job?" Henderson barked.
"I guess so," Tyler said sheepishly. "I did."
(Update 1-19-09) Burgess was convicted of 13 felony counts for using his position to coerce drug court defendants and inmates into sex. A Major County jury convicted Burgess on 13 counts, including 5 counts of 2nd degree rape. The jury recommended that Burgess serve a 94 year sentence. Formal sentencing will be March 24. The jury also acquitted Burgess of 23 other counts.
Burgess was [also] convicted of three counts of bribery by a public official; two counts of forcible sodomy; and one count each of kidnapping, sexual battery and engaging in a pattern of criminal offenses.
Under Oklahoma law, inmate/guard sex is deemed non consensual, and others who "control the conditions" of an inmates confinement also can't legally consent to sex with inmates. Because Burgess administered a drug court in Custer County, prosecutors alleged that he controlled the condiitons of confinement.
Victims testified that they feared that they would be sent to prison if they did not provide sexual favors to Burgess, with one victim having sex with him over a 14 month period.
Defense lawyer Steve Huddleston contended that drug court defendants were controlled by a judge, not Burgess, and said the women were hoping a verdict against Burgess in criminal court would translate to a payday for them in a civil case.
Prosecutor Jim Swartz in closing arguments, stated "If you're going to act like an animal, you're going to be caged like an animal." After the verdict, prosecutor Mike Boring stated that "I think this is an extremely important decision. This kind of action cannot be tolerated in our society."
Steve Huddleston, Burgess' defense attorney, said his client will appeal.
(Update 3-25-09) Burgess was sentenced to 79 years in prison and a $15,000 fine by Associate District Judge N. Vince Barefoot yesterday. Jurors recommended 94 years in prison and a $15,000 fine.
Victim Brenda Brown said, "I’m relieved he’s being put away for a long time. I know I feel safer. I also feel compassion for his family. But I also know I didn’t put them in this position. Mike Burgess did.”
Brown's mother, Sue McDougall, wrote letters to Judge Barefoot explaining that Burgess need to be made an example of.
"I basically said we needed to make him (Burgess) an example for those in law enforcement who want to use their positions and power against those who are vulnerable. Brenda was trying to start her life over again when he forced her to do all those things. He should be punished.”
Joy Lee Mason, another victim, held hands with Brown, stating "We were just clenching each other’s hands. I have a very hard time looking at him. It’s just too hard. There’s no telling how far he set me back in my recovery. Right now, I’m pretty much back to square one.”
Friday, September 26, 2008
CME bishop's criminal charges are dropped - civil case still on
ARLINGTON, Texas (AP) - The Tarrant County district attorney's office says it doesn't have enough evidence for a conviction and is dropping sexual assault charges against Christian Methodist Episcopal Bishop Kenneth Wayne Carter.
The Fort Worth Star-Telegram reports Assistant Tarrant County District Attorney Betty Arvin told the newspaper that the office dropped the case Wednesday after reviewing all of the evidence.
The attorney representing the alleged victim in a civil lawsuit, Tony Owens, said his client is disappointed and feels -- in his words -- "victimized again by the system."
Owens said the outcome doesn't affect the civil case.
Carter -- who's 51 -- was indicted by a Tarrant County grand jury in June after a licensed minister at a Dallas CME church said Carter in March 2007 tried to force him to have sex when the man applied for a job.
A month after the indictment, the Christian Methodist Episcopal's College of Bishops said it was suspending Carter with pay until his criminal case was resolved.
In depositions, Carter admitted to having a consensual sexual encounter with the man, in depositions.
The Fort Worth Star-Telegram reports Assistant Tarrant County District Attorney Betty Arvin told the newspaper that the office dropped the case Wednesday after reviewing all of the evidence.
The attorney representing the alleged victim in a civil lawsuit, Tony Owens, said his client is disappointed and feels -- in his words -- "victimized again by the system."
Owens said the outcome doesn't affect the civil case.
Carter -- who's 51 -- was indicted by a Tarrant County grand jury in June after a licensed minister at a Dallas CME church said Carter in March 2007 tried to force him to have sex when the man applied for a job.
A month after the indictment, the Christian Methodist Episcopal's College of Bishops said it was suspending Carter with pay until his criminal case was resolved.
In depositions, Carter admitted to having a consensual sexual encounter with the man, in depositions.
Monday, August 18, 2008
Two University of Missouri - Kansas City professors resign rather than face stripping of tenure and firing
Psychology professors S. Carlos Poston II and C. Keith Haddock, University of Missouri-Kansas City professors accused of sexual harassment, resigned last week Monday because they ran out of money to defend themselves from an internal procedure which would have led to revocation of tenure and dismissal from the university.
Both denied sexually harassing a former graduate student and a faculty member, creating a hostile environment in the psychology lab they oversaw. Poston said, “I did not resign because I was guilty of anything. I resigned because I was told that was the only way to get a letter that says I didn’t do it.”
Linda Garavalia, a victim and associate professor of psychology at UMKC, was surprised by the resignations, but stated that giving up tenure is a sign of guilt.
“I thought they would fight it out. If you weren’t guilty, then why not go through with it. If there was no evidence against them, then what would it cost? What would they have to defend against? I would never give up my tenure if I were innocent.”
The other woman, Megan Pinkston-Camp, was not available for comment. She was a graduate student when the suit was filed and now is a clinical psychologist doing post-doctoral work at Brown University.
The university settled the $1.1 million lawsuit in June 2007. The suit, filed a year earlier, claimed that women were groped and fondled and subjected to explicit sexual conversations and that the two male professors had physically threatened people in the lab.
Garavalia and Pinkston-Camp had complained to the their department chairman in 2004 and later to the UMKC affirmative action office, which led to an order for the professors to implement a risk management plan. Later, the professors were granted tenure and given raises — from $76,707 to $101,707 for Poston and from $75,876 to $93,376 for Haddock.
Haddock tried to file two record requests to gain access to the report, but “I wanted the truth to come out. I thought it would exonerate me. But we still haven’t seen it, and now I don’t think we ever will.”
Karen R. Glickstein, lawyers for both accused, received a letter from university lawyers suggesting that resignation would lead to avoidance of internal discipline and the chance to receive the draft of the findings. That draft came in the form of a letter by Grace Hernandez, former affirmative director, currently chief of staff in UMKC.
Both denied sexually harassing a former graduate student and a faculty member, creating a hostile environment in the psychology lab they oversaw. Poston said, “I did not resign because I was guilty of anything. I resigned because I was told that was the only way to get a letter that says I didn’t do it.”
Linda Garavalia, a victim and associate professor of psychology at UMKC, was surprised by the resignations, but stated that giving up tenure is a sign of guilt.
“I thought they would fight it out. If you weren’t guilty, then why not go through with it. If there was no evidence against them, then what would it cost? What would they have to defend against? I would never give up my tenure if I were innocent.”
The other woman, Megan Pinkston-Camp, was not available for comment. She was a graduate student when the suit was filed and now is a clinical psychologist doing post-doctoral work at Brown University.
The university settled the $1.1 million lawsuit in June 2007. The suit, filed a year earlier, claimed that women were groped and fondled and subjected to explicit sexual conversations and that the two male professors had physically threatened people in the lab.
Garavalia and Pinkston-Camp had complained to the their department chairman in 2004 and later to the UMKC affirmative action office, which led to an order for the professors to implement a risk management plan. Later, the professors were granted tenure and given raises — from $76,707 to $101,707 for Poston and from $75,876 to $93,376 for Haddock.
Haddock tried to file two record requests to gain access to the report, but “I wanted the truth to come out. I thought it would exonerate me. But we still haven’t seen it, and now I don’t think we ever will.”
Karen R. Glickstein, lawyers for both accused, received a letter from university lawyers suggesting that resignation would lead to avoidance of internal discipline and the chance to receive the draft of the findings. That draft came in the form of a letter by Grace Hernandez, former affirmative director, currently chief of staff in UMKC.
Saturday, August 2, 2008
Tustin, CA woman filed lawsuit against CHIP who groped her - complaint substantiated internally
Ashley Fair, a 20 something woman from Tustin, CA, filed a lawsuit in Orange County Superior Court stating that a California Highway Patrol officer gave her a pat down search and groped her genitals while he was at it. The allegations were substantiated by an internal investigation.
"After a thorough and complete investigation, it was determined Officer (S.) Unland inappropriately searched you, detained you for an excessive period of time and made inappropriate sexual comments,'' wrote Capt. K.P. Rosenberg in a Feb. 15, 2008 letter. "Appropriate action has been taken to preclude a similar occurrence in the future."
Fair exited the freeway after being pulled over around 9:37 p.m. on Aug. 16, 2007, according to the lawsuit filed Friday. Unland directed her to stop on a "dark and isolated street,'' the lawsuit says.
After handing the officer her registration papers and driver's license, Fair was ordered to get out of the vehicle, the filing says. During a "pat-down" search, Unland "proceeded to pat her down on the outside and insides of her legs, and then stuck his hand inside her front and rear pockets and felt around her private areas.''
He also then asked her personal questions about her boyfriend, and gave her a fix-it ticket for her registration, according to the lawsuit.
CHP officials could not be reached for comment, but Fair's attorney, Joel Baruch, said that internal discipline of an unknown kind was taken.
"He took sexual liberties with her. It's unwarranted. You can't have police officers doing this."
Superior Court Judge Franz E. Miller will hear the case.
"After a thorough and complete investigation, it was determined Officer (S.) Unland inappropriately searched you, detained you for an excessive period of time and made inappropriate sexual comments,'' wrote Capt. K.P. Rosenberg in a Feb. 15, 2008 letter. "Appropriate action has been taken to preclude a similar occurrence in the future."
Fair exited the freeway after being pulled over around 9:37 p.m. on Aug. 16, 2007, according to the lawsuit filed Friday. Unland directed her to stop on a "dark and isolated street,'' the lawsuit says.
After handing the officer her registration papers and driver's license, Fair was ordered to get out of the vehicle, the filing says. During a "pat-down" search, Unland "proceeded to pat her down on the outside and insides of her legs, and then stuck his hand inside her front and rear pockets and felt around her private areas.''
He also then asked her personal questions about her boyfriend, and gave her a fix-it ticket for her registration, according to the lawsuit.
CHP officials could not be reached for comment, but Fair's attorney, Joel Baruch, said that internal discipline of an unknown kind was taken.
"He took sexual liberties with her. It's unwarranted. You can't have police officers doing this."
Superior Court Judge Franz E. Miller will hear the case.
Friday, August 1, 2008
NJ dentist sued by employee for unwanted sexual advances
A Branchburg, NJ dentist is facing a sexual harassment lawsuit from a former employee, claiming that the unwanted sexual attention and advances, which included kisses on the neck and breast groping, created a hostile workplace environment. Jacqueline Constantino, a receptionist, billing clerk, and radiologist who worked 20 hours a week for dentist Dr. Victoria Inglis, filed suit against her former employer in the Civil Division of Superior Court in Somerville, NJ.
Before January 2007, Constantino was a dedicated worker who Inglis occasionally invited to social events like shopping trips, lunches, and a dental conference. All of this changed starting January 3, when after a holiday party for the practice, Inglis followed Constantino into the woman’s room hugged her, kissed her neck, and told Constantino she loved her.
Later that month, on Jan. 23, 2007, Constantino arrived at work to find the office was closed and all the patient appointments canceled because a surprise party was being planned for Constantino's birthday.
Inglis then took Constantino shopping, out to lunch and to a spa. After leaving the spa, Inglis said she had a surprise for Constantino, blindfolded her, put her in a car, drove her to another location then escorted Constantino, still blindfolded, into a room, the suit alleges.
When the blindfold was removed, Constantino found herself in a darkened room at the Lambertville House that had lit candles. There was also soft music and chilled champagne.
Inglis then read to Constantino from M. Scott Peck's book, "The Road Less Travelled: A New Psychology of Love, Traditional Values and Spiritual Growth." Inglis then began to kiss Constantino's neck and touched her breast, the suit charges. Constantino once again resisted the advances, the suit alleges.
The lawsuit said that the harassment caused her “extreme emotional distress,” leading to her resignation “at a significant loss of income.”
Before January 2007, Constantino was a dedicated worker who Inglis occasionally invited to social events like shopping trips, lunches, and a dental conference. All of this changed starting January 3, when after a holiday party for the practice, Inglis followed Constantino into the woman’s room hugged her, kissed her neck, and told Constantino she loved her.
Later that month, on Jan. 23, 2007, Constantino arrived at work to find the office was closed and all the patient appointments canceled because a surprise party was being planned for Constantino's birthday.
Inglis then took Constantino shopping, out to lunch and to a spa. After leaving the spa, Inglis said she had a surprise for Constantino, blindfolded her, put her in a car, drove her to another location then escorted Constantino, still blindfolded, into a room, the suit alleges.
When the blindfold was removed, Constantino found herself in a darkened room at the Lambertville House that had lit candles. There was also soft music and chilled champagne.
Inglis then read to Constantino from M. Scott Peck's book, "The Road Less Travelled: A New Psychology of Love, Traditional Values and Spiritual Growth." Inglis then began to kiss Constantino's neck and touched her breast, the suit charges. Constantino once again resisted the advances, the suit alleges.
The lawsuit said that the harassment caused her “extreme emotional distress,” leading to her resignation “at a significant loss of income.”
Monday, July 14, 2008
Oakland to pay as much as $2 million in groping, sexual harassment case
Angela Woodall The Oakland Tribune, Calif.
--
Jul. 11--The city of Oakland is expected to pay $2 million to settle a federal lawsuit involving an Oakland police officer accused by 16 Asian-American women of pulling them over on bogus traffic stops and then groping or sexually harassing them.
If approved by the City Council, this will be the second such payment Oakland has made to settle claims involving Officer Richard Valerga, who resigned from the Oakland Police Department in 2005.
City Attorney John Russo recommended the city approve the $2 million settlement to avoid a jury trial, according to media reports. He could not be reached for comment.
In 2006, Oakland paid a $190,000 settlement to two women who claimed the city should have done more to stop Valerga from pulling them over and touching them inappropriately. The suit alleged that Valerga targeted the women -- Asian-Americans between 18 and 40 -- because of their race.
In that case, Valerga pleaded no contest to four misdemeanor counts of false imprisonment and violating the women's civil rights after three other charges were dropped as part of a plea bargain. Valerga was sentenced to six months in county jail, placed on three months probation and ordered to undergo counseling.
In this latest case, all of the 16 women were Vietnamese or Chinese and many could not speak English, according to attorney Jim Chanin, who together with lawyer John Burris represented the plaintiffs.
The women, who have not been named in the suit, claim that Valerga targeted them in 2004 or 2005, near the eastern corner of Lake Merritt or the Fruitvale district.
Valerga refused to testify, but according to the testimony, the officer pulled the women over on bogus or minor traffic stops and asked them to sit in the front seat of his patrol car. He then "engaged in grotesque hands-on physical contact," Chanin said.
Neither Valerga's lawyers nor Oakland police could be reached for comment.
--
Jul. 11--The city of Oakland is expected to pay $2 million to settle a federal lawsuit involving an Oakland police officer accused by 16 Asian-American women of pulling them over on bogus traffic stops and then groping or sexually harassing them.
If approved by the City Council, this will be the second such payment Oakland has made to settle claims involving Officer Richard Valerga, who resigned from the Oakland Police Department in 2005.
City Attorney John Russo recommended the city approve the $2 million settlement to avoid a jury trial, according to media reports. He could not be reached for comment.
In 2006, Oakland paid a $190,000 settlement to two women who claimed the city should have done more to stop Valerga from pulling them over and touching them inappropriately. The suit alleged that Valerga targeted the women -- Asian-Americans between 18 and 40 -- because of their race.
In that case, Valerga pleaded no contest to four misdemeanor counts of false imprisonment and violating the women's civil rights after three other charges were dropped as part of a plea bargain. Valerga was sentenced to six months in county jail, placed on three months probation and ordered to undergo counseling.
In this latest case, all of the 16 women were Vietnamese or Chinese and many could not speak English, according to attorney Jim Chanin, who together with lawyer John Burris represented the plaintiffs.
The women, who have not been named in the suit, claim that Valerga targeted them in 2004 or 2005, near the eastern corner of Lake Merritt or the Fruitvale district.
Valerga refused to testify, but according to the testimony, the officer pulled the women over on bogus or minor traffic stops and asked them to sit in the front seat of his patrol car. He then "engaged in grotesque hands-on physical contact," Chanin said.
Neither Valerga's lawyers nor Oakland police could be reached for comment.
Friday, May 23, 2008
Sperm bank CEO faces sexual harassment lawsuit
Growing Generations, a high priced sperm bank which caters to the LGBT community, is facing allegations about inappropriate conduct by its CEO. CEO Stuart Miller is accused by former marketing director Scott Glasgow of firing Glasgow after he refused his boss’ sexual advances and requiring Glasgow to share a bed with Miller during company trips.
The lawsuit also claims that Miller sent Glasgow pictures of himself shirtless, wearing bondage attire and holding a whip, and forced Glasgow to perform in drag on a company trip.
Through his attorneys, Glasgow declined to elaborate. "We stand by the allegations contained in the complaint and we look forward to proving them at trial," said one of Glasgow's attorneys, Brent Pelton.
Growing Generations' lawyer did not immediately a message left at Miller's office, and a company consultant called the lawsuit ridiculous and declined further contact.
The LA based company, which charges as much as $100,000 for surrogacy services, began surrogacy services for men in 1994.
Glasgow, who made $1,000 a week as Growing Generations' New York-based marketing director, claims he excelled at the company until he refused to attend Landmark Education seminars and turned down Miller's unwanted advances.
"Miller's interest in Glasgow changed from one of a professional nature to one of an inappropriate romantic nature," the lawsuit says.
Miller booked a king sized bed for a company trip to New Orleans for both himself and Glasgow, and that he had stroked Glasgow’s head in bed.
Glasgow also said that employees were required to attend Landmark seminars, an offshoot of the est program that was popular in the 1970s.
He said that he was evaluated by how he was "touching, moving and inspiring" others, according to the Landmark philosophy, and not by his business accomplishments.
The lawsuit also claims that Miller sent Glasgow pictures of himself shirtless, wearing bondage attire and holding a whip, and forced Glasgow to perform in drag on a company trip.
Through his attorneys, Glasgow declined to elaborate. "We stand by the allegations contained in the complaint and we look forward to proving them at trial," said one of Glasgow's attorneys, Brent Pelton.
Growing Generations' lawyer did not immediately a message left at Miller's office, and a company consultant called the lawsuit ridiculous and declined further contact.
The LA based company, which charges as much as $100,000 for surrogacy services, began surrogacy services for men in 1994.
Glasgow, who made $1,000 a week as Growing Generations' New York-based marketing director, claims he excelled at the company until he refused to attend Landmark Education seminars and turned down Miller's unwanted advances.
"Miller's interest in Glasgow changed from one of a professional nature to one of an inappropriate romantic nature," the lawsuit says.
Miller booked a king sized bed for a company trip to New Orleans for both himself and Glasgow, and that he had stroked Glasgow’s head in bed.
Glasgow also said that employees were required to attend Landmark seminars, an offshoot of the est program that was popular in the 1970s.
He said that he was evaluated by how he was "touching, moving and inspiring" others, according to the Landmark philosophy, and not by his business accomplishments.
Woman claims Arizona deputy is sexual predator, files lawsuit
A Three Points woman has filed a lawsuit against Pima County Sheriff Clarence Dupnik, and an allegedly sexually predatory deputy.
According to the woman, Deputy Michael Boria sexually assaulted her after going to her home to talk about shots fired in the area last May.
According to the lawsuit, the Pima County Sheriff's Department insisted on speaking with the woman immediately following her call for help despite there being a conflict of interest. In addition, the lawsuit says Boria himself tried to respond to the woman's 911 call.
The lawsuit further alleges a fellow deputy recalls telling Boria: "We'll get all the facts. We'll, um, just trust us; we'll figure it out one way or another. Uh, we'll punch holes in her story or whatever."
Before filing the lawsuit, the woman tried to settle her dispute with the county by filing a claim asking for $1.6 million. In the claim letter, her attorney, Robert Truman Hungerford, alleged that deputies refused to allow the paramedics to treat her for two hours because they wanted to interrogate her first.
She was also questioned another four hours at the hospital before being examined, according to the claim letter. The claim letter further states that the case was turned over to the Tucson Police Department, but that detectives determined she was a "woman scorned."
Deputy Pima County Attorney Susan Eazer stated that no criminal charges were filed against Boria because of the low likelihood of conviction.
Michael Storie, said his client was innocent of all charges and that Boria, a three-year veteran of the Pima County Sheriff’s department. He said Boria resigned because sheriff’s deputies would always be the subject of false charges.
"This woman is trying to take innocent and appropriate on-duty conduct and turn it into a cash grab."
The Pima County Attorney's Office, which represents the Sheriff's Department, has a policy of not commenting on pending litigation.
According to the woman, Deputy Michael Boria sexually assaulted her after going to her home to talk about shots fired in the area last May.
According to the lawsuit, the Pima County Sheriff's Department insisted on speaking with the woman immediately following her call for help despite there being a conflict of interest. In addition, the lawsuit says Boria himself tried to respond to the woman's 911 call.
The lawsuit further alleges a fellow deputy recalls telling Boria: "We'll get all the facts. We'll, um, just trust us; we'll figure it out one way or another. Uh, we'll punch holes in her story or whatever."
Before filing the lawsuit, the woman tried to settle her dispute with the county by filing a claim asking for $1.6 million. In the claim letter, her attorney, Robert Truman Hungerford, alleged that deputies refused to allow the paramedics to treat her for two hours because they wanted to interrogate her first.
She was also questioned another four hours at the hospital before being examined, according to the claim letter. The claim letter further states that the case was turned over to the Tucson Police Department, but that detectives determined she was a "woman scorned."
Deputy Pima County Attorney Susan Eazer stated that no criminal charges were filed against Boria because of the low likelihood of conviction.
Michael Storie, said his client was innocent of all charges and that Boria, a three-year veteran of the Pima County Sheriff’s department. He said Boria resigned because sheriff’s deputies would always be the subject of false charges.
"This woman is trying to take innocent and appropriate on-duty conduct and turn it into a cash grab."
The Pima County Attorney's Office, which represents the Sheriff's Department, has a policy of not commenting on pending litigation.
Indiana official sued over employer/husband's sexual abuse
The Indiana Supreme Court heard arguments on why Pleasant Township Trustee Camelia Clark should be held legally responsible for the sexual battery committed by her employee/husband Donald Clark. Camelia Clark was the trustee and Donald Clark was the deputy trustee.
He pleaded guilty to sexual and simple battery back in 2005 for incidents involving women seeking temporary financial assistance.
The former chairman of the Republican Party in Steuben County and the 4th District received a two-year prison sentence and has since been released.
Debra Barnett, one of the victims, sued in March 2005. According to court records, Donald Clark told her he would give her financial assistance if she worked at the trustee’s office. Then, while reviewing her work in a back room, he closed the door, pushed a chair in front of it and assaulted Barnett.
That suit also claimed that Donald Clark committed similar behavior against clients of the office in 1998 and 1999. At his sentencing, police testified they investigated seven cases involving Donald Clark and female township residents going back to 1979.
The Indiana Court of Appeals overturned the ruling in December 2007, finding that an employer can be liable for the criminal acts of an employee if the employee’s actions were at least for a time authorized.
The Indiana Supreme Court listened to arguments revolving the doctrine of “respondeat superior.” This makes employers liable for the criminal or negligent actions on their employees, regardless of knowledge if they were doing authorized acts.
Christopher Wheeler argued on behalf of the victim that Donald Clark was doing authorized acts during part of the time he was with Barnett – such as instructing her on filing, reviewing her work and seeking her signature on paperwork.
“This case is about whether or not my client should have the opportunity to bring her case to a jury,” he said.
But Robert Keen Jr., attorney for Camelia Clark, said the authorized acts aren’t closely related enough to the battery to allow them to use the narrow exception. For instance, he said a person injured by a bouncer – who is authorized to have physical contact with patrons – could sue the employer if injured.
Justice Frank Sullivan Jr., disturbed by the arguments before him, believed that employers should have to guard against employees taking sexual advantage of their clients.
“What concerns me most about this case is the vulnerability of an individual who is so down and out on her luck that she is seeking public assistance… and a public employee who takes advantage of that situation.” he said.
A ruling will occur in the coming months.
He pleaded guilty to sexual and simple battery back in 2005 for incidents involving women seeking temporary financial assistance.
The former chairman of the Republican Party in Steuben County and the 4th District received a two-year prison sentence and has since been released.
Debra Barnett, one of the victims, sued in March 2005. According to court records, Donald Clark told her he would give her financial assistance if she worked at the trustee’s office. Then, while reviewing her work in a back room, he closed the door, pushed a chair in front of it and assaulted Barnett.
That suit also claimed that Donald Clark committed similar behavior against clients of the office in 1998 and 1999. At his sentencing, police testified they investigated seven cases involving Donald Clark and female township residents going back to 1979.
The Indiana Court of Appeals overturned the ruling in December 2007, finding that an employer can be liable for the criminal acts of an employee if the employee’s actions were at least for a time authorized.
The Indiana Supreme Court listened to arguments revolving the doctrine of “respondeat superior.” This makes employers liable for the criminal or negligent actions on their employees, regardless of knowledge if they were doing authorized acts.
Christopher Wheeler argued on behalf of the victim that Donald Clark was doing authorized acts during part of the time he was with Barnett – such as instructing her on filing, reviewing her work and seeking her signature on paperwork.
“This case is about whether or not my client should have the opportunity to bring her case to a jury,” he said.
But Robert Keen Jr., attorney for Camelia Clark, said the authorized acts aren’t closely related enough to the battery to allow them to use the narrow exception. For instance, he said a person injured by a bouncer – who is authorized to have physical contact with patrons – could sue the employer if injured.
Justice Frank Sullivan Jr., disturbed by the arguments before him, believed that employers should have to guard against employees taking sexual advantage of their clients.
“What concerns me most about this case is the vulnerability of an individual who is so down and out on her luck that she is seeking public assistance… and a public employee who takes advantage of that situation.” he said.
A ruling will occur in the coming months.
Cheerleader files lawsuit against coach who raped her
A former University of Tampa cheerleading coach’s victim filed a negligence lawsuit against the school saying that failure to perform background checks led to the assault.
Heather Wienclawski’s victimization by her cheerleading coach back in 2004, caused severe emotional distress which led to her not being able to complete her studies.
Chris Knopik, the victim’s attorney, says that UT put a sexual predator instead of a mentor in a position of trust.
"Young people in college will look at their professors and coaches as mentors. In this circumstance, it seems the University of Tampa put exactly the wrong person in this position."
The university was negligent in its hiring of [Thomas Andrew] Hall and should have known about his criminal history through background checks, the complaint said.
Hall had been arrested and charged with aggravated battery on a police officer and resisting an officer with violence in 1993, FDLE records show. He pleaded no contest to the charges.
The university "failed to take any action to investigate, reassign or discharge Coach Hall from the cheerleading squad when it became aware" of the charges that, the suit argued, made Hall unfit to serve as cheerleading coach.
The complaint also said the university failed to supervise and monitor Hall, evaluate his interactions with female cheerleaders and did not ensure that a female coach accompanied him.
According to the complaint and an arrest report, this is what happened on the night of Dec. 10, 2004:
Wienclawski told Hall that she was leaving the cheerleading squad to work as an intern in Orlando. The coach offered to take her out to celebrate and introduce her to business contacts. Wienclawski accepted the invitation, believing it was a good networking opportunity.
Hall picked up Wienclawski at her dorm and went to the Blue Martini bar at the International Plaza in Tampa. Later that night, a friend arrived to take Wienclawski home. Hall refused, saying he was responsible for Wienclawski and "that he felt obligated to ensure her safe return," the complaint said.
Hall and Wienclawski then left, but she kept asking her coach if he could take her to her friend's house or her dorm. Hall instead drove her to his home, according to a Tribune story published in 2004.
Wienclawski was raped at the house, the complaint said. She was "intoxicated and sick" at the time of the attack, according to a criminal arrest affidavit.
Hall pleaded guilty to a charge of sexual battery with slight force, according to FDLE records. He was sentenced to 6 years probation, a supervision program and lifetime sex offender registration.
Heather Wienclawski’s victimization by her cheerleading coach back in 2004, caused severe emotional distress which led to her not being able to complete her studies.
Chris Knopik, the victim’s attorney, says that UT put a sexual predator instead of a mentor in a position of trust.
"Young people in college will look at their professors and coaches as mentors. In this circumstance, it seems the University of Tampa put exactly the wrong person in this position."
The university was negligent in its hiring of [Thomas Andrew] Hall and should have known about his criminal history through background checks, the complaint said.
Hall had been arrested and charged with aggravated battery on a police officer and resisting an officer with violence in 1993, FDLE records show. He pleaded no contest to the charges.
The university "failed to take any action to investigate, reassign or discharge Coach Hall from the cheerleading squad when it became aware" of the charges that, the suit argued, made Hall unfit to serve as cheerleading coach.
The complaint also said the university failed to supervise and monitor Hall, evaluate his interactions with female cheerleaders and did not ensure that a female coach accompanied him.
According to the complaint and an arrest report, this is what happened on the night of Dec. 10, 2004:
Wienclawski told Hall that she was leaving the cheerleading squad to work as an intern in Orlando. The coach offered to take her out to celebrate and introduce her to business contacts. Wienclawski accepted the invitation, believing it was a good networking opportunity.
Hall picked up Wienclawski at her dorm and went to the Blue Martini bar at the International Plaza in Tampa. Later that night, a friend arrived to take Wienclawski home. Hall refused, saying he was responsible for Wienclawski and "that he felt obligated to ensure her safe return," the complaint said.
Hall and Wienclawski then left, but she kept asking her coach if he could take her to her friend's house or her dorm. Hall instead drove her to his home, according to a Tribune story published in 2004.
Wienclawski was raped at the house, the complaint said. She was "intoxicated and sick" at the time of the attack, according to a criminal arrest affidavit.
Hall pleaded guilty to a charge of sexual battery with slight force, according to FDLE records. He was sentenced to 6 years probation, a supervision program and lifetime sex offender registration.
Thursday, May 8, 2008
Prison guard loses appeal against 20 to 40 year sentence
Douglas Tower, 63, a former New Hampshire correctional guard at the Shea Farm halfway house in Concord, lost an appeal against his 20 to 40 year sentence for raping an inmate there. The appeal was based on the argument that New Hampshire prosecutors showed a conflict of interest when prosecuting Tower but defending themselves against civil lawsuits - lawsuits filed by 11 prisoners and a guard who were harassed and raped by Tower. The state is paying a $1.9 million dollar settlement reached in March.
Lothstein also argued that that conflict should have justified quashing the indictments against Tower before going to trial.
The state disputed any conflict, saying the civil suit did not exist when it first indicted Tower. Plus, the state said, it created walls between the civil and criminal bureaus to avoid a conflict or influence between the cases.
In its unanimous decision, the state Supreme Court said it could not consider Lothstein's argument, which cited the state's Rules of Professional Conduct for lawyers, because that was not the same argument made previously to Tower's trial judge.
The court requires that appeal issues be "preserved," meaning raised at the trial stage first so the trial judge has a chance to resolve them.
The justices found that Tower's trial lawyers had argued a conflict of interest at the lower level but did so by citing state and federal constitutional grounds, not the rules of conflict.
Lothstein has 10 days from the date of the order to ask the court to reconsider.
Tower faces a trial for the rapes of 11 other inmates, and was also convicted for the simple assault of a second female inmate.
Lothstein also argued that that conflict should have justified quashing the indictments against Tower before going to trial.
The state disputed any conflict, saying the civil suit did not exist when it first indicted Tower. Plus, the state said, it created walls between the civil and criminal bureaus to avoid a conflict or influence between the cases.
In its unanimous decision, the state Supreme Court said it could not consider Lothstein's argument, which cited the state's Rules of Professional Conduct for lawyers, because that was not the same argument made previously to Tower's trial judge.
The court requires that appeal issues be "preserved," meaning raised at the trial stage first so the trial judge has a chance to resolve them.
The justices found that Tower's trial lawyers had argued a conflict of interest at the lower level but did so by citing state and federal constitutional grounds, not the rules of conflict.
Lothstein has 10 days from the date of the order to ask the court to reconsider.
Tower faces a trial for the rapes of 11 other inmates, and was also convicted for the simple assault of a second female inmate.
Saturday, April 19, 2008
Penn State football player's rape charges dropped
Originally Published October 13th -
Austin Scott, a Penn State Nittany Lions tailback, has officially been charged with rape, sexual assault, and two counts of indecent assault, all felonies, for an incident with allegedly in the early hours of October 5th. Scott apparently met a woman at a bar, then went back to his apartment with her, and that's where the alleged rape occurred. Coach Joe Paterno suspended Scott for the Lions-Iowa game the next day for a then unspecified violation of team rules.
Scott, a 5th year senior, ran for 302 years and six touchdowns this season. Originally from Allentown, PA, he set state records of 3853 rushing yards and 53 touchdowns at Parkland High. During his freshman year back in 2003, he lead Penn State with 436 rushing yards before injuries slowed him.
Though Scott declined comment, his attorney, Joseph Amendola, claimed the sexual encounter with the alleged victim was consensual. Penn State spokeswoman Lisa Powers said that the incident would best be handled by the courts.
Scott was released on $50,000 bail, with one condition of bail being to stay away from the alleged victim. A preliminary hearing is scheduled for Wednesday. He remains enrolled at Penn State.
Brian's Comment: It is sad when there is more outrage over dogfighting charges against Michael Vick than when an athlete allegedly rapes a woman. You would think that a violation against a person would carry much more weight that a violation against a dog, henious that may be.
Coverage from The Centre Daily (Centre, PA)
ESPN coverage
Update (10-18-07) : After a preliminary hearing, Scott was ordered to stand trial on the rape charges, but two felony counts of indecent assault were dropped.
Second Update (10-24-07) Smith's accuser had previously filed a rape complaint four years ago to the month in 2003. A gag order, sought by the Centre County DA, was put in place by Judge Charles Brown Monday. It prohibits all parties involved in the case from further comment.
A comment which I believe in 100% was made by Audra Hixson, director of Penn State's Center for Women Students is below:
"I would say that for the victims of sexual assault who I work with, it is not uncommon that they have had an experience of that in the past," Hixson said. A statistic cited in the report is that women sexually abused as girls are 4.7 times more likely to be raped than women who haven't undergone child sexual abuse.
3rd Update (11-17-07) Scott has decided to plead not guilty and waive his arraignment. According to court officials, 90% of defendants waive arraignment.
4th Update (4-19-08) All charges have been dropped, because the judge was willing to let Scott's accuser be cros examined regarding similar allegations made in a second case in 2003.
Centre County Judge Thomas King Kistler issued a ruling Tuesday saying he would allow the defense to cross-examine the accuser about her allegations in the Moravian case.In his written decision, Kistler cited 19 similarities between the two cases, including assertions that the woman never cried for help and that she kissed both men goodbye after intercourse, as reasons to allow questions about her 2003 allegations.
Assistant Centre County District Attorney Lance Marshall appealed Kistler's ruling to Pennsylvania Superior Court, using the argument that letting evidence of the 2003 charges and acquittal would damage their case. The court upheld the decision.
''In light of the likely admission of evidence we believe is irrelevant, as officers of the court, it is our position that there is no reasonable likelihood the commonwealth can meet its burden of proof.''
Only hours after rape and sexual assault charges against ex-Penn State running back Austin Scott were dropped Friday, his lead attorney compared the investigators to ''lynch mobs'' and said the NFL hopeful plans to sue law enforcement officials and his accuser.''It isn't a threat -- they were warned,'' lawyer John P. Karoly Jr. of South Whitehall said of a potential lawsuit.
''Are they justified in worrying about this? I think so.''Scott, who sat next to Karoly at a hastily called news conference at Bacio Italian Trattoria restaurant in Salisbury, said the legal ordeal was ''really devastating.''''I'm not going to lie,'' the 23-year-old Parkland High School graduate said. ''I'm a little bitter at the university and [the accuser for] the devastation it caused my career.''
Austin Scott, a Penn State Nittany Lions tailback, has officially been charged with rape, sexual assault, and two counts of indecent assault, all felonies, for an incident with allegedly in the early hours of October 5th. Scott apparently met a woman at a bar, then went back to his apartment with her, and that's where the alleged rape occurred. Coach Joe Paterno suspended Scott for the Lions-Iowa game the next day for a then unspecified violation of team rules.
Scott, a 5th year senior, ran for 302 years and six touchdowns this season. Originally from Allentown, PA, he set state records of 3853 rushing yards and 53 touchdowns at Parkland High. During his freshman year back in 2003, he lead Penn State with 436 rushing yards before injuries slowed him.
Though Scott declined comment, his attorney, Joseph Amendola, claimed the sexual encounter with the alleged victim was consensual. Penn State spokeswoman Lisa Powers said that the incident would best be handled by the courts.
Scott was released on $50,000 bail, with one condition of bail being to stay away from the alleged victim. A preliminary hearing is scheduled for Wednesday. He remains enrolled at Penn State.
Brian's Comment: It is sad when there is more outrage over dogfighting charges against Michael Vick than when an athlete allegedly rapes a woman. You would think that a violation against a person would carry much more weight that a violation against a dog, henious that may be.
Coverage from The Centre Daily (Centre, PA)
ESPN coverage
Update (10-18-07) : After a preliminary hearing, Scott was ordered to stand trial on the rape charges, but two felony counts of indecent assault were dropped.
Second Update (10-24-07) Smith's accuser had previously filed a rape complaint four years ago to the month in 2003. A gag order, sought by the Centre County DA, was put in place by Judge Charles Brown Monday. It prohibits all parties involved in the case from further comment.
A comment which I believe in 100% was made by Audra Hixson, director of Penn State's Center for Women Students is below:
"I would say that for the victims of sexual assault who I work with, it is not uncommon that they have had an experience of that in the past," Hixson said. A statistic cited in the report is that women sexually abused as girls are 4.7 times more likely to be raped than women who haven't undergone child sexual abuse.
3rd Update (11-17-07) Scott has decided to plead not guilty and waive his arraignment. According to court officials, 90% of defendants waive arraignment.
4th Update (4-19-08) All charges have been dropped, because the judge was willing to let Scott's accuser be cros examined regarding similar allegations made in a second case in 2003.
Centre County Judge Thomas King Kistler issued a ruling Tuesday saying he would allow the defense to cross-examine the accuser about her allegations in the Moravian case.In his written decision, Kistler cited 19 similarities between the two cases, including assertions that the woman never cried for help and that she kissed both men goodbye after intercourse, as reasons to allow questions about her 2003 allegations.
Assistant Centre County District Attorney Lance Marshall appealed Kistler's ruling to Pennsylvania Superior Court, using the argument that letting evidence of the 2003 charges and acquittal would damage their case. The court upheld the decision.
''In light of the likely admission of evidence we believe is irrelevant, as officers of the court, it is our position that there is no reasonable likelihood the commonwealth can meet its burden of proof.''
Only hours after rape and sexual assault charges against ex-Penn State running back Austin Scott were dropped Friday, his lead attorney compared the investigators to ''lynch mobs'' and said the NFL hopeful plans to sue law enforcement officials and his accuser.''It isn't a threat -- they were warned,'' lawyer John P. Karoly Jr. of South Whitehall said of a potential lawsuit.
''Are they justified in worrying about this? I think so.''Scott, who sat next to Karoly at a hastily called news conference at Bacio Italian Trattoria restaurant in Salisbury, said the legal ordeal was ''really devastating.''''I'm not going to lie,'' the 23-year-old Parkland High School graduate said. ''I'm a little bitter at the university and [the accuser for] the devastation it caused my career.''
Saturday, February 2, 2008
Michigan women prisoners win $15.4 million in sexual assault lawsuit
10 women who were imprisoned in Michigan's Scott Correctional Facility in suburban Detroit held hand and sobbed as they were awarded a total of $15.4 million for rapes, sexual harassment, and verbal abuse by prison guards. The jury foreman read an apology on behalf of Michigan citizens which went "We would like to express our extreme regret and apologies,"
"I'm heading back to prison today," one of the women said, facing the jury. "I feel strong today because of you. I thank you for believing in us."
The verdicts ranged from $335,000 to $3.6 million, depending on factors including whether there was sexual penetration and how many times the sexual acts had occurred. The jurors found there was a sexually hostile atmosphere at the prison and the state did not act to protect the prisoners. Today's verdict came after a three-week trial.
The state expects to appeal the case, said Russ Marlan, spokesman for the Department of Corrections. Seven of the women are still prisoners at Scott and three have been released. "I was shocked," said one of the plaintiffs, whose name the Free Press is not disclosing because of the nature of the acts. She has been released from prison and lives in Saginaw with her children. "We've had so many doors closed along the way."
"We showed there was a pervasive, sexually abusive atmosphere at Scott Regional Correctional Facility," said plaintiff's attorney Deborah LaBelle. The women are part of a group of 400 current and former prisoners in the class action lawsuit which covers the state's three women's prisons. Another trial involving female inmates who claim sexual abuse is scheduled later this month in the same courtroom.
The large number of potential victims raises the stakes for the state.Beginning about seven years ago, the state started removing male officers from the housing of female inmates.The case was first filed in 1996 but only came to trial this year after years of appeals and stays over issues such as whether prisoners are covered under the state's civil rights law. A federal judge ruled last year that they are covered.LaBelle said the plaintiffs have tried for 12 years to get the state to recognize there's a problem."The state says it's consensual, or that it doesn't believe what the women say," she said.
"It goes on and on," LaBelle said. More trials are scheduled this year.
Jody Nunn, a guard at Huron Valley Women's Prison, was sentenced to between 43 months and 15 years for raping a female inmate back in March 2005. Nunn's victim is a plaintiff in the lawsuit, and charges came after the victim gave prosecuting attorneys flannel shorts which contained Nunn's semen.
Nunn was convicted last month on two counts of second-degree criminal sexual conduct. Circuit Judge Archie Brown sentenced him above state guidelines, which called for 36 months on the bottom end of his sentence.
The state said that many sexual assaults inside the prisons are not reported, and that when reported, officers were arrested and disciplined.
There is no such thing as consent in a custodial relationship or a fiduciary relationship. In Michigan, prison/guard sex is classified as Criminal Sexual Conduct 1 to 3, which also applies to teacher/student sex, rape, and therapist/patient sex. If consent is not considered to be obtained for the other cases, then consent isn't possible with prisoners or guards.
"I'm heading back to prison today," one of the women said, facing the jury. "I feel strong today because of you. I thank you for believing in us."
The verdicts ranged from $335,000 to $3.6 million, depending on factors including whether there was sexual penetration and how many times the sexual acts had occurred. The jurors found there was a sexually hostile atmosphere at the prison and the state did not act to protect the prisoners. Today's verdict came after a three-week trial.
The state expects to appeal the case, said Russ Marlan, spokesman for the Department of Corrections. Seven of the women are still prisoners at Scott and three have been released. "I was shocked," said one of the plaintiffs, whose name the Free Press is not disclosing because of the nature of the acts. She has been released from prison and lives in Saginaw with her children. "We've had so many doors closed along the way."
"We showed there was a pervasive, sexually abusive atmosphere at Scott Regional Correctional Facility," said plaintiff's attorney Deborah LaBelle. The women are part of a group of 400 current and former prisoners in the class action lawsuit which covers the state's three women's prisons. Another trial involving female inmates who claim sexual abuse is scheduled later this month in the same courtroom.
The large number of potential victims raises the stakes for the state.Beginning about seven years ago, the state started removing male officers from the housing of female inmates.The case was first filed in 1996 but only came to trial this year after years of appeals and stays over issues such as whether prisoners are covered under the state's civil rights law. A federal judge ruled last year that they are covered.LaBelle said the plaintiffs have tried for 12 years to get the state to recognize there's a problem."The state says it's consensual, or that it doesn't believe what the women say," she said.
"It goes on and on," LaBelle said. More trials are scheduled this year.
Jody Nunn, a guard at Huron Valley Women's Prison, was sentenced to between 43 months and 15 years for raping a female inmate back in March 2005. Nunn's victim is a plaintiff in the lawsuit, and charges came after the victim gave prosecuting attorneys flannel shorts which contained Nunn's semen.
Nunn was convicted last month on two counts of second-degree criminal sexual conduct. Circuit Judge Archie Brown sentenced him above state guidelines, which called for 36 months on the bottom end of his sentence.
The state said that many sexual assaults inside the prisons are not reported, and that when reported, officers were arrested and disciplined.
There is no such thing as consent in a custodial relationship or a fiduciary relationship. In Michigan, prison/guard sex is classified as Criminal Sexual Conduct 1 to 3, which also applies to teacher/student sex, rape, and therapist/patient sex. If consent is not considered to be obtained for the other cases, then consent isn't possible with prisoners or guards.
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