Wednesday, March 19, 2008
Guardian story about lap dancers
There is a story in the Guardian (UK) about women being lured into the world of lap dancing. Like prostitution, lap dancers are objectified, sexually assaulted, and many women's groups and others believe that tolerance of this activity as a sanctioned way for men fo "get off" leads to the belief that women who dress "inappropriately" are asking for it.
Rape charges dropped after "victim" changes story for money
Shasta County, CA deputy district attorney Kelly Kafel dropped rape charges against nurse Susan Lynn Williams after the "victim" offered to change his story form over $5000. Before charges were dropped, Williams, 51, was charged with raping her then 28 year old roomate after he was passed out drunk.
Williams, who is reportedly working as a nurse in Colorado, had been charged with raping an unconscious victim, orally copulating an unconscious victim and sexual penetration of an unconscious victim with a foreign object, a vibrator.
Although initially she had been scheduled to appear in Superior Court on Tuesday to set a trial date, the matter was dismissed in court on March 6 by the district attorney's office, according to electronic court records.
A police investigative report made public after Williams was arraigned last summer said that Williams and her roommate were traveling nurses who at the time worked at Mercy Medical Center in Redding.
That report said that alleged victim and Williams had been drinking at the Bell Lounge and that he passed out on the couch when they returned to the Park Marina Drive trailer they shared.
He told police that he awoke on the floor to discover that his boxer shorts had been removed and that Williams was sitting on top of him naked, the report said.
Williams initially denied any type of sexual contact with the man, but later admitted to touching him, the report said.
Deputy District Attorney Kelly Kafel dropped charges against WIlliams because the alleged victim contacted WIlliam's defense attorney and offered to change his story for an amount in excess of $5000.
Redding defense attorney Michael Sharpe, who represented Williams, said Monday that the man contacted him about a month ago and offered to change his story for an amount in excess of $5,000.
"We didn't go into any actual figures, but it was a significant amount," he said, adding that he immediately contacted the district attorney's office to report the offer.
"I had an ethical obligation to call the D.A., which I did," he said.
Kafel said the information, which surfaced last month, was confirmed by prosecutors and led to the dropping of charges against Williams. Offering money kind of kills it," she said. No charges will be filed against the "victim" turned perpetrator.
Williams, who is reportedly working as a nurse in Colorado, had been charged with raping an unconscious victim, orally copulating an unconscious victim and sexual penetration of an unconscious victim with a foreign object, a vibrator.
Although initially she had been scheduled to appear in Superior Court on Tuesday to set a trial date, the matter was dismissed in court on March 6 by the district attorney's office, according to electronic court records.
A police investigative report made public after Williams was arraigned last summer said that Williams and her roommate were traveling nurses who at the time worked at Mercy Medical Center in Redding.
That report said that alleged victim and Williams had been drinking at the Bell Lounge and that he passed out on the couch when they returned to the Park Marina Drive trailer they shared.
He told police that he awoke on the floor to discover that his boxer shorts had been removed and that Williams was sitting on top of him naked, the report said.
Williams initially denied any type of sexual contact with the man, but later admitted to touching him, the report said.
Deputy District Attorney Kelly Kafel dropped charges against WIlliams because the alleged victim contacted WIlliam's defense attorney and offered to change his story for an amount in excess of $5000.
Redding defense attorney Michael Sharpe, who represented Williams, said Monday that the man contacted him about a month ago and offered to change his story for an amount in excess of $5,000.
"We didn't go into any actual figures, but it was a significant amount," he said, adding that he immediately contacted the district attorney's office to report the offer.
"I had an ethical obligation to call the D.A., which I did," he said.
Kafel said the information, which surfaced last month, was confirmed by prosecutors and led to the dropping of charges against Williams. Offering money kind of kills it," she said. No charges will be filed against the "victim" turned perpetrator.
Alleged rapist at mental hospital strikes again
Jesse Vasquez, charged with raping a female patient in Eastern State Hospital, has been charged with a second assault.
On March 10th a patient at the hospital told detectives that she had been sexually assaulted by another patient inside a bathroom there. Investigators completed a rape examination at Deaconess Hospital and will now be comparing that evidence to the male suspect.
State police state that there are no barriers which separate the male and female wards of the hospital.
On March 10th a patient at the hospital told detectives that she had been sexually assaulted by another patient inside a bathroom there. Investigators completed a rape examination at Deaconess Hospital and will now be comparing that evidence to the male suspect.
State police state that there are no barriers which separate the male and female wards of the hospital.
False rape victim gets probation for charges
One must remember that for every false rape report, there are 20 credible rape reports, and 60 rapes which occured, but have either never been reported to the police, or worse, reports which have been deemed unfounded. In this case, while the perpetrator must be punished, one must remember that she is a true CSA victim and that her grandfather did go to prison for child rape.
A 22 year old woman has been ordered to spend a year in jail, with all but 8 days suspended, pay a $5000 fine with most of it suspended, perform community service and pay the professor's attorney's fees. Katherine Clifton, formally of Woodinville, WA was officially convicted and sentenced to making false statements to a public servant.
King County District Court Judge Peter Nault said the case saddened him and led to the castigation of the professor, who stated through a filing that though he has his job back, the experience (and court charges) will always stay with him.
"Even though I did absolutely nothing wrong ... my rape and burglary with sexual-motivation charges, albeit false, will remain in the court records forever."
Clifton declined to comment at the hearing but filed a detailed statement saying that she had been sexually abused by her grandfather, who was convicted of rape of a child in 1994.
"In order to understand why, I have to explain what has happened to me in my past that has forever affected me," she wrote.
Clifton, who now lives in Ellensburg, was sentenced to serve 365 days in jail, with 357 days suspended, and to pay a $5,000 fine, with $4,750 suspended, plus other conditions that include probation and community service. Nault also ordered her to pay the professor's attorney fees.
The professor declined to discuss the charges, saying he wants to put the past behind him, and asked not to be identified.
The King County Prosecutor's Office concedes a mistake was made in the original prosecution but said it was acting on the best information available at the time.
"In hindsight, what was presented to us was an allegation of a violent rape," said Ian Goodhew, deputy chief of staff. "That doesn't mean the investigation stopped."
Clifton was "an extremely articulate and credible victim," said Sgt. John Urquhart, Sheriff's Office spokesman. "There was no reason to suspect she wasn't telling the truth."
King County Deputy Prosecuting Attorney Shelby Smith said Clifton's actions will also "harm the community of sexual-assault victims," who will find their cases more difficult to pursue.
"Other victims will be treated with more scrutiny," she said.
The investigation started after Clifton met with a detective and stated that the professor was stalking and trying to exchange grades for sex between March and July. On July 10, detectives contacted the professor and who acknowldged sending e-mails, denied seeing Clifton off campus. The professor was charged with 1st degree rape among other charges on July 12, with bond set at $500,000 dollars.
But as detectives continued working, it became clear that the text in the e-mails had been changed. None of the professor's fingerprints were found at Clifton's house. A sexual-assault examination found no evidence of rape.
The detective also checked on a supposed court order shown by Clifton to people at the college that seemed to bear the heading "In the Superior Court of Washington State for King County" and apparently ordered her not to talk about the professor.
But the judge's signature was illegible and the case number didn't match any King County filings.
Clifton admitted making up legal documents relating to the case and the false rape charges on July 25, with all charges being dropped July 26. Charges were filed against Clifton on July 27.
Clifton's attorney, Kelly Faoro, said her client has "extremely deep remorse" for the false statements and realizes that "none of this makes it any better" for the professor.
A 22 year old woman has been ordered to spend a year in jail, with all but 8 days suspended, pay a $5000 fine with most of it suspended, perform community service and pay the professor's attorney's fees. Katherine Clifton, formally of Woodinville, WA was officially convicted and sentenced to making false statements to a public servant.
King County District Court Judge Peter Nault said the case saddened him and led to the castigation of the professor, who stated through a filing that though he has his job back, the experience (and court charges) will always stay with him.
"Even though I did absolutely nothing wrong ... my rape and burglary with sexual-motivation charges, albeit false, will remain in the court records forever."
Clifton declined to comment at the hearing but filed a detailed statement saying that she had been sexually abused by her grandfather, who was convicted of rape of a child in 1994.
"In order to understand why, I have to explain what has happened to me in my past that has forever affected me," she wrote.
Clifton, who now lives in Ellensburg, was sentenced to serve 365 days in jail, with 357 days suspended, and to pay a $5,000 fine, with $4,750 suspended, plus other conditions that include probation and community service. Nault also ordered her to pay the professor's attorney fees.
The professor declined to discuss the charges, saying he wants to put the past behind him, and asked not to be identified.
The King County Prosecutor's Office concedes a mistake was made in the original prosecution but said it was acting on the best information available at the time.
"In hindsight, what was presented to us was an allegation of a violent rape," said Ian Goodhew, deputy chief of staff. "That doesn't mean the investigation stopped."
Clifton was "an extremely articulate and credible victim," said Sgt. John Urquhart, Sheriff's Office spokesman. "There was no reason to suspect she wasn't telling the truth."
King County Deputy Prosecuting Attorney Shelby Smith said Clifton's actions will also "harm the community of sexual-assault victims," who will find their cases more difficult to pursue.
"Other victims will be treated with more scrutiny," she said.
The investigation started after Clifton met with a detective and stated that the professor was stalking and trying to exchange grades for sex between March and July. On July 10, detectives contacted the professor and who acknowldged sending e-mails, denied seeing Clifton off campus. The professor was charged with 1st degree rape among other charges on July 12, with bond set at $500,000 dollars.
But as detectives continued working, it became clear that the text in the e-mails had been changed. None of the professor's fingerprints were found at Clifton's house. A sexual-assault examination found no evidence of rape.
The detective also checked on a supposed court order shown by Clifton to people at the college that seemed to bear the heading "In the Superior Court of Washington State for King County" and apparently ordered her not to talk about the professor.
But the judge's signature was illegible and the case number didn't match any King County filings.
Clifton admitted making up legal documents relating to the case and the false rape charges on July 25, with all charges being dropped July 26. Charges were filed against Clifton on July 27.
Clifton's attorney, Kelly Faoro, said her client has "extremely deep remorse" for the false statements and realizes that "none of this makes it any better" for the professor.
Tuesday, March 18, 2008
WA state trooper convicted of sexual misconduct
Carlos Torres, 46, was a state trooper before he was charged with sexual misconduct with women that he pulled over for aallegedly driving drunk. Now, one can say that he has officially gone over to the other side of the law - as a sex offender.
The [1st degree custodial sexual misconduct] charges stem from a complaint made by the woman, then 38, who said she was driving home to Federal Way in June 2005 when Torres pulled over her pickup truck, accused her of drunken driving and had her get into his patrol vehicle.
He sent home her two passengers -- the woman's boyfriend and teenage daughter -- and then, after taking her to a Fife police station for a breath test, drove the suspect to a deserted truck-weighing station along Interstate 5, making her partially undress before initiating sexual contact with her, according to court documents.
The woman's blood-alcohol level was well below the legal limit, authorities said.
Two other women accused Torres of using drunk driving arrests as an excuse to behave inappropriately with them, and the victim who Torres was convicted of abusing expressed relief at his conviction.
"She's relieved the trial's over and happy that the jury believed her," said a King County Prosecutor's Office spokesperson.
The trooper's attorney, Michael Schwartz, had argued that the woman made the whole thing up because she was worried about the consequences of a drunken-driving charge and wanted to sue for money.
He pointed out that FBI investigators had interviewed the woman several times but found insufficient evidence to proceed with federal charges. Torres, Schwartz said, was "shocked at the jury's verdict."
He was very disappointed and very sad," the attorney said. "He's just spending the time at home now with his family."
Torres faces a year in jail for the sexual misconduct charges. He was fired in January, and will be sentenced May 2. Torres plans to appeal the conviction.
The [1st degree custodial sexual misconduct] charges stem from a complaint made by the woman, then 38, who said she was driving home to Federal Way in June 2005 when Torres pulled over her pickup truck, accused her of drunken driving and had her get into his patrol vehicle.
He sent home her two passengers -- the woman's boyfriend and teenage daughter -- and then, after taking her to a Fife police station for a breath test, drove the suspect to a deserted truck-weighing station along Interstate 5, making her partially undress before initiating sexual contact with her, according to court documents.
The woman's blood-alcohol level was well below the legal limit, authorities said.
Two other women accused Torres of using drunk driving arrests as an excuse to behave inappropriately with them, and the victim who Torres was convicted of abusing expressed relief at his conviction.
"She's relieved the trial's over and happy that the jury believed her," said a King County Prosecutor's Office spokesperson.
The trooper's attorney, Michael Schwartz, had argued that the woman made the whole thing up because she was worried about the consequences of a drunken-driving charge and wanted to sue for money.
He pointed out that FBI investigators had interviewed the woman several times but found insufficient evidence to proceed with federal charges. Torres, Schwartz said, was "shocked at the jury's verdict."
He was very disappointed and very sad," the attorney said. "He's just spending the time at home now with his family."
Torres faces a year in jail for the sexual misconduct charges. He was fired in January, and will be sentenced May 2. Torres plans to appeal the conviction.
Delay in sexual assault investigation findings against NC police officers
District Attorney Doug Henderson is still weighing whether to file charges in the case of three officers suspended with pay for the alleged rape of a fellow female Greensboro, NC officer. He blames the delay in the case on a delay in analysis of physical evidence.
If it were not expedited, it would probably be a matter of months," Henderson said. How long the analysis will take now depends on how many other expedited investigations the SBI is working on, but Henderson said results would likely come in a few weeks.
"When it will be done, lord only knows and we won't make a final decision until it is," Henderson said.
On Dec. 18, a female police officer reported that she was sexually assaulted by other officers after they picked her up near the Four Seasons Town Centre. The assault was reported to have happened between 11 p.m. Dec. 14 and 1 a.m. Dec. 15.
Sgt. A.S. Wallace, 43; Officer J.O. LeGrand, 37; and Officer C.S. Stevens, 42, members of the police department's Tactical Special Enforcement Team, have been suspended with pay since Dec. 18.
If it were not expedited, it would probably be a matter of months," Henderson said. How long the analysis will take now depends on how many other expedited investigations the SBI is working on, but Henderson said results would likely come in a few weeks.
"When it will be done, lord only knows and we won't make a final decision until it is," Henderson said.
On Dec. 18, a female police officer reported that she was sexually assaulted by other officers after they picked her up near the Four Seasons Town Centre. The assault was reported to have happened between 11 p.m. Dec. 14 and 1 a.m. Dec. 15.
Sgt. A.S. Wallace, 43; Officer J.O. LeGrand, 37; and Officer C.S. Stevens, 42, members of the police department's Tactical Special Enforcement Team, have been suspended with pay since Dec. 18.
Already convicted felon sentenced to 40 years for rape and robbery
Brad Max Lamar, a 20 year old Macon, GA man, was sentenced to 40 years in prison, 25 years for rape and 15 years for armed robbery, for an attack on a Macon woman last October.
[He] entered a guilty plea in Bibb County Superior Court. He was indicted in November on charges of rape, armed robbery, kidnapping, burglary, theft by receiving a motor vehicle, possession of a firearm by a convicted felon, and two counts of aggravated sodomy, according to court records.
In exchange for his guilty plea, all charges except rape and armed robbery were dismissed. Lamar was sentenced to 25 years in prison on the rape charge and 15 for armed robbery.
Assistant district attorney Nancy Scott Malcor said the woman was at home Oct. 2 waiting on a repairman when she heard a knock at the door.
When she opened the door, expecting to see the repairman, Lamar asked for water for his overheating car. The woman retrieved a gallon jug of water and returned to the door, where Lamar attacked her, Malcor said. Lamar dragged the woman back into her house, demanding money. A neighbor heard her screams and called for help, Malcor said.
Lamar brandished a gun and at one point, and demanded money and jewelry. He choked her before the sexual assault. He bound the woman's hands and feet with her pantyhose and struck her with the gun before fleeing, when he was arrested by police.
[He] entered a guilty plea in Bibb County Superior Court. He was indicted in November on charges of rape, armed robbery, kidnapping, burglary, theft by receiving a motor vehicle, possession of a firearm by a convicted felon, and two counts of aggravated sodomy, according to court records.
In exchange for his guilty plea, all charges except rape and armed robbery were dismissed. Lamar was sentenced to 25 years in prison on the rape charge and 15 for armed robbery.
Assistant district attorney Nancy Scott Malcor said the woman was at home Oct. 2 waiting on a repairman when she heard a knock at the door.
When she opened the door, expecting to see the repairman, Lamar asked for water for his overheating car. The woman retrieved a gallon jug of water and returned to the door, where Lamar attacked her, Malcor said. Lamar dragged the woman back into her house, demanding money. A neighbor heard her screams and called for help, Malcor said.
Lamar brandished a gun and at one point, and demanded money and jewelry. He choked her before the sexual assault. He bound the woman's hands and feet with her pantyhose and struck her with the gun before fleeing, when he was arrested by police.
Man forces woman into servitude, sex in Tennessee
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Drunk pilot peads down to assault from attempted rape - gets unsupervised probation
James Ryan Clifton, 37 and from Alabama, charged originally with attempted rape, plead down to felony 3rd degree assault, and was sentenced to three years of unsupervised probation. after a drunken New Year's Eve party.
Clifton originally was charged with attacking a woman, who was a guest at the hotel, in the hallway during the early morning hours of Jan. 1, according to an arrest warrant affidavit filed Feb. 16, 2007, by Pitkin County Deputy Brad Gibson.The alleged victim told Gibson that Clifton had pulled her down a hallway, forcefully kissed her, ripped open her pants and attempted to rape her as she screamed for help.
According to court documents, the entire attack lasted between 10 and 15 minutes.The attack was foiled, the affidavit states, when a co-worker of the victim heard the calls for help and chased Clifton outside, where the two got into a fist fight. When deputies arrived, Clifton was being taken to Aspen Valley Hospital in an ambulance, court papers allege. Defense attorney Greg Greer said Monday that Clifton was hospitalized because of injuries sustained in the fight. “This was a New Year’s celebration gone amok because of too much drinking,” Deputy District Attorney Gail Nichols said.
Unsupervised probation means just that - no supervision by a probation officer, and sex charges, which according to best sex offender management practices, should never be plead down to non sex charges. The probation stipulations state Clifton must refrain from drugs or alcohol, get months drug and alcohol tests, and write a letter of apology to his victim, who approved the plea agreement. With unsupervised probation, that's kind of hard to do. At least he has a felony on his record.
Clifton originally was charged with attacking a woman, who was a guest at the hotel, in the hallway during the early morning hours of Jan. 1, according to an arrest warrant affidavit filed Feb. 16, 2007, by Pitkin County Deputy Brad Gibson.The alleged victim told Gibson that Clifton had pulled her down a hallway, forcefully kissed her, ripped open her pants and attempted to rape her as she screamed for help.
According to court documents, the entire attack lasted between 10 and 15 minutes.The attack was foiled, the affidavit states, when a co-worker of the victim heard the calls for help and chased Clifton outside, where the two got into a fist fight. When deputies arrived, Clifton was being taken to Aspen Valley Hospital in an ambulance, court papers allege. Defense attorney Greg Greer said Monday that Clifton was hospitalized because of injuries sustained in the fight. “This was a New Year’s celebration gone amok because of too much drinking,” Deputy District Attorney Gail Nichols said.
Unsupervised probation means just that - no supervision by a probation officer, and sex charges, which according to best sex offender management practices, should never be plead down to non sex charges. The probation stipulations state Clifton must refrain from drugs or alcohol, get months drug and alcohol tests, and write a letter of apology to his victim, who approved the plea agreement. With unsupervised probation, that's kind of hard to do. At least he has a felony on his record.
Monday, March 17, 2008
Woman pleads guilty in Megan Williams torture, rape case
Logan County, West Virginia prosecutor Brian Abraham dropped a kidnapping and hostage taking charge from Karen Burton, who was one of 7 people charged with crimes in the Megan Williams rape and torture case. As part of her plea bargain, she will cooperate against the four remaining defendants in the case. Abraham recommended a sentence of 14 to 30 years for all charges – 2 to 10 years for the kidnapping and hostage charges, and 10 years for the hate crime charge.
Abraham believes the plea deal for Burton carries a proper penalty, considering that the three charges combined, which are to be served consecutively, could add up to 30 years in prison.
"If I had let her have a plea deal on just the hate crime charge and she just got 10 years, that is not enough," he said, "And it would look like I was trying to pacify some special interest."
In addition to the hate crime charge, Burton pleaded guilty to assault during the commission of a felony and malicious assault. In the related indictment, prosecutors accused Burton of choking Williams with a cable.
She was charged with a hate crime for stabbing Williams in the ankle while saying, "This is what we do to niggers around here," according to the indictment.
Police discovered Williams at a trailer near Big Creek on Sept. 8, 2007. Logan County prosecutors say Williams was forced to eat animal droppings, was sexually assaulted and stabbed by six white men and women who held her captive for days last summer. Logan County sheriff's deputies, acting on an anonymous tip, found her at a Big Creek trailer on Sept. 8.
Five people were indicted Tuesday, February 5, in the case. Bobby Brewster, Frankie Brewster, Karen Burton and Danny Combs were charged with malicious assault, sexual assault, kidnapping, and holding Williams hostage.
Grand jurors indicted Linnie Burton Jr. on one count of misdemeanor battery. He was not among the original six people arrested in the case.
George Messer and Alisha Burton pleaded guilty Friday to one count of kidnapping and one count of assault during the commission of a felony. Each faces up to 10 years in prison and has agreed to testify against the other defendants.
"We are still trying to determine each individual's involvement in the acts they committed and assign the proper charges and proper punishment based on their conduct," Abraham said of the four remaining defendants.
Abraham said he has not ruled out cutting deals with the remaining defendants.
"In every criminal case, there is usually some negotiation that takes place. That is not to suggest that we have done so on this case," Abraham said. "It is not my practice to try a case just to be trying it. If I have a case that has more certainty to it by a plea and the outcome is just, then it is something we will consider. ... I am not going to cut deals just to expedite the case. We don't do that here in Logan."
Malik Shabazz, who organized rallies in Williams’ support through his group Black Lawyers For Justice, was pleased with the guilty plea.
"All of the key charges against the defendants are sticking. I have to give Mr. Abraham his day here. Justice is becoming a reality," Shabazz said. "I think the message being sent will protect others from being the victims of race hate and violence in the future."
Shabazz said he feels activism by those who rallied for Williams was vindicated through the conviction.
"Now the test is to see if Mrs. Karen Burton's sentence reflects the crime," he said.
Without the hate crime charge, Burton would be facing between 12 and 19 years in prison; with it, she faces much more, he said.
Shabazz said activists still want the maximum charges and longest penalties in the case.
"But it's up to the prosecutor's discretion to know how to come to a plea agreement," he said. "Mr. Abraham should be given the benefit of doubt in the case."
Abraham said that hate crimes are not intended to create special rights, but are intended to enhance sentences which may be otherwise plea bargained down to lesser acts.
"I have an obligation to uphold my oath and enforce the laws of West Virginia and, by extension, to represent the interests of Megan Williams," he said. "I will not base my decisions on any special interest."
Williams also made an appearance on a Montel Williams show featuring hate crimes. She will receive a new computer, six months of tutoring to help her earn her GED, and a 2 year, $40,000 scholarship to ITT Technical Institute.
(Update 3-17-08) From the Charleston(WV) Daily Mail:
Forty-six-year-old Karen Burton and 49-year-old Frankie Brewster were sentenced Thursday for their roles in the kidnapping and assault of Megan Williams. Both pleaded guilty last month.
Brewster and Burton were among seven white Logan County residents who were charged in the Willlams case.
Logan County Circuit Judge Roger Perry sentenced Burton, of Chapmanville, to three consecutive sentences. She received separate 2-10 year sentences for malicious assault and assault during the commission of a felony and 10 years for the civil rights charge.
Brewster received a 10-to-25-year sentence for second-degree sexual assault.
Williams and her parents were in the courtroom Thursday and wept as the sentences were read.
"I just believe he (prosecutor Brian Abraham) shouldn't have plea bargained with any of them,'' her mother Carmen Williams said during a press conference after the sentencing. "She (Megan Williams) wanted them to do life.''
Two other defendants had already pleaded guilty and been sentenced.
Burton's 23-year-old daughter, Alisha, and George Messer, 27, both of Chapmanville, both pleaded guilty in February to kidnapping and assault and received 10-year sentences.
Abraham believes the plea deal for Burton carries a proper penalty, considering that the three charges combined, which are to be served consecutively, could add up to 30 years in prison.
"If I had let her have a plea deal on just the hate crime charge and she just got 10 years, that is not enough," he said, "And it would look like I was trying to pacify some special interest."
In addition to the hate crime charge, Burton pleaded guilty to assault during the commission of a felony and malicious assault. In the related indictment, prosecutors accused Burton of choking Williams with a cable.
She was charged with a hate crime for stabbing Williams in the ankle while saying, "This is what we do to niggers around here," according to the indictment.
Police discovered Williams at a trailer near Big Creek on Sept. 8, 2007. Logan County prosecutors say Williams was forced to eat animal droppings, was sexually assaulted and stabbed by six white men and women who held her captive for days last summer. Logan County sheriff's deputies, acting on an anonymous tip, found her at a Big Creek trailer on Sept. 8.
Five people were indicted Tuesday, February 5, in the case. Bobby Brewster, Frankie Brewster, Karen Burton and Danny Combs were charged with malicious assault, sexual assault, kidnapping, and holding Williams hostage.
Grand jurors indicted Linnie Burton Jr. on one count of misdemeanor battery. He was not among the original six people arrested in the case.
George Messer and Alisha Burton pleaded guilty Friday to one count of kidnapping and one count of assault during the commission of a felony. Each faces up to 10 years in prison and has agreed to testify against the other defendants.
"We are still trying to determine each individual's involvement in the acts they committed and assign the proper charges and proper punishment based on their conduct," Abraham said of the four remaining defendants.
Abraham said he has not ruled out cutting deals with the remaining defendants.
"In every criminal case, there is usually some negotiation that takes place. That is not to suggest that we have done so on this case," Abraham said. "It is not my practice to try a case just to be trying it. If I have a case that has more certainty to it by a plea and the outcome is just, then it is something we will consider. ... I am not going to cut deals just to expedite the case. We don't do that here in Logan."
Malik Shabazz, who organized rallies in Williams’ support through his group Black Lawyers For Justice, was pleased with the guilty plea.
"All of the key charges against the defendants are sticking. I have to give Mr. Abraham his day here. Justice is becoming a reality," Shabazz said. "I think the message being sent will protect others from being the victims of race hate and violence in the future."
Shabazz said he feels activism by those who rallied for Williams was vindicated through the conviction.
"Now the test is to see if Mrs. Karen Burton's sentence reflects the crime," he said.
Without the hate crime charge, Burton would be facing between 12 and 19 years in prison; with it, she faces much more, he said.
Shabazz said activists still want the maximum charges and longest penalties in the case.
"But it's up to the prosecutor's discretion to know how to come to a plea agreement," he said. "Mr. Abraham should be given the benefit of doubt in the case."
Abraham said that hate crimes are not intended to create special rights, but are intended to enhance sentences which may be otherwise plea bargained down to lesser acts.
"I have an obligation to uphold my oath and enforce the laws of West Virginia and, by extension, to represent the interests of Megan Williams," he said. "I will not base my decisions on any special interest."
Williams also made an appearance on a Montel Williams show featuring hate crimes. She will receive a new computer, six months of tutoring to help her earn her GED, and a 2 year, $40,000 scholarship to ITT Technical Institute.
(Update 3-17-08) From the Charleston(WV) Daily Mail:
Forty-six-year-old Karen Burton and 49-year-old Frankie Brewster were sentenced Thursday for their roles in the kidnapping and assault of Megan Williams. Both pleaded guilty last month.
Brewster and Burton were among seven white Logan County residents who were charged in the Willlams case.
Logan County Circuit Judge Roger Perry sentenced Burton, of Chapmanville, to three consecutive sentences. She received separate 2-10 year sentences for malicious assault and assault during the commission of a felony and 10 years for the civil rights charge.
Brewster received a 10-to-25-year sentence for second-degree sexual assault.
Williams and her parents were in the courtroom Thursday and wept as the sentences were read.
"I just believe he (prosecutor Brian Abraham) shouldn't have plea bargained with any of them,'' her mother Carmen Williams said during a press conference after the sentencing. "She (Megan Williams) wanted them to do life.''
Two other defendants had already pleaded guilty and been sentenced.
Burton's 23-year-old daughter, Alisha, and George Messer, 27, both of Chapmanville, both pleaded guilty in February to kidnapping and assault and received 10-year sentences.
Sunday, March 16, 2008
FBI agent sentenced in abduction of girlfriend
A FBI agent who once headed up the bureau's Toledo office will be going to prison for 6 years after being sentenced March 12. A further decade sentence was suspended.
The prison time is part of a ten-year suspended sentence handed down Tuesday in Arlington County Circuit. Carl Spicocchi, 55, pleaded guilty in December two counts of abduction and using a firearm while committing a felony.He was on a temporary assignment in Washington at the time of the attack last August at the woman's apartment in Crystal City.
Court records say Spicocchi believed the woman was cheating on him. The woman told authorities she was held for six hours and was wrapped in tape, dragged by her hair, beaten and threatened with a knife and a gun before she escaped.
The prison time is part of a ten-year suspended sentence handed down Tuesday in Arlington County Circuit. Carl Spicocchi, 55, pleaded guilty in December two counts of abduction and using a firearm while committing a felony.He was on a temporary assignment in Washington at the time of the attack last August at the woman's apartment in Crystal City.
Court records say Spicocchi believed the woman was cheating on him. The woman told authorities she was held for six hours and was wrapped in tape, dragged by her hair, beaten and threatened with a knife and a gun before she escaped.
Two men sentenced to 25 years for home invasion, rape
Two 25 year old men, one from Boston and the other from Framingham, were sentenced to 25 years in prison for a home invation and rape. Donnell Nicholson and Alexis Middleton were convicted Monday, then sentenced Friday at Norfolk Superior Court in Dedham, MA.
Superior Court Judge Janet Saunders called the crimes "shocking and sadistic."
The pair were masked and armed when they broke into the house in January 2005.
They terrorized and beat two young men and two young woman because they thought there was marijuana and cash in the house. The women were stripped naked and Middleton forced one to perform a sex act on him at gunpoint.
The prosecution asked for 60 years; the defense asked for 10 years.
Superior Court Judge Janet Saunders called the crimes "shocking and sadistic."
The pair were masked and armed when they broke into the house in January 2005.
They terrorized and beat two young men and two young woman because they thought there was marijuana and cash in the house. The women were stripped naked and Middleton forced one to perform a sex act on him at gunpoint.
The prosecution asked for 60 years; the defense asked for 10 years.
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