On May 8th, Santa Clara County Superior Court Judge Alden Danner sentenced Kamari Nelson of San Jose to 169 years to life for attacking two women who advertised on the erotic services section of Craigslist, a section changed to "adult services" after the recent killings of two women in Boston.
Nelson targeted women who advertised erotic services on Craigslist. Two women testified during the trial that Nelson called them over to his apartment to perform "services" on them, according to District Attorney spokesman Nick Muyo. When the women showed up, they testified that Nelson robbed and sexually assaulted them. Muyo said a third woman reported being sexually assaulted and robbed by Nelson, too, but she committed suicide before she could testify.
Nelson videotaped parts of the assault on one victim, while both women said that he taped them. The perp had a previous assault conviction in 2002.
Thursday, May 21, 2009
Upstate NY man sentenced to 16-18 years for rape
Harold E. McCloud III, 29, of Malone, NY, was sentenced to 16 to 18 years in prison and 20 years post release supervision Monday, May 18 for the rape, beating, and choking (manual strangulation) of his ex-girlfriend before stealing her debit card.
Besides rape in the 1st degree, McCloud's felony convictions include second-degree attempted assault, grand larceny, and identity theft. $11,000 of fines and fees were imposed. Franklin County District Attorney Derek Champagne characterised McCloud as a rapist who may qualify for civil commitment after his prison sentence is over, and as a serial abuser of ex-"girlfriends" who has victimized at least 4 other times.
"I'm obviously very pleased with the court sentencing the defendant to such a long period of time. I am absolutely convinced he has victimized other women in the North Country. The other accusations are highly credible and very detailed and of a very similar nature."
McCloud's lawyer, Greg La Duke of Lake Placid, said he plans to appeal the verdict based on a number of grounds. One, he said, is that some of the charges that should have been severed because, La Duke said, they were different criminal acts were instead charged bundled together, which he said prejudiced the jury.
Also, La Duke said, "The complainant said she was strangled three times on either July 16 or July 17. So that's problematic. She says the third time she was strangled, she was strangled so hard she thought she was going to die and it seemed to last forever, but, ironically, there wasn't a bruise on her."
Champagne admitted that the police report was filed some time after the attack, but said that numerous witnesses, including a nurse who treated the victim, saw the woman's injuries.
Besides rape in the 1st degree, McCloud's felony convictions include second-degree attempted assault, grand larceny, and identity theft. $11,000 of fines and fees were imposed. Franklin County District Attorney Derek Champagne characterised McCloud as a rapist who may qualify for civil commitment after his prison sentence is over, and as a serial abuser of ex-"girlfriends" who has victimized at least 4 other times.
"I'm obviously very pleased with the court sentencing the defendant to such a long period of time. I am absolutely convinced he has victimized other women in the North Country. The other accusations are highly credible and very detailed and of a very similar nature."
McCloud's lawyer, Greg La Duke of Lake Placid, said he plans to appeal the verdict based on a number of grounds. One, he said, is that some of the charges that should have been severed because, La Duke said, they were different criminal acts were instead charged bundled together, which he said prejudiced the jury.
Also, La Duke said, "The complainant said she was strangled three times on either July 16 or July 17. So that's problematic. She says the third time she was strangled, she was strangled so hard she thought she was going to die and it seemed to last forever, but, ironically, there wasn't a bruise on her."
Champagne admitted that the police report was filed some time after the attack, but said that numerous witnesses, including a nurse who treated the victim, saw the woman's injuries.
Creston, IA officers sentenced to 25 years for rape of bartender
Two Creston police officers were both sentenced to 25 years in prison with a 14 year minimum yesterday for the rape of a 45 year old mother of three. James Christensen, 41, the town of about 8000's former police chief, and John Sickels, 39, the former assistent police chief, were charged with and convicted of 2nd degree sexual abuse last March.
The conviction stems from the attack on the waitress at the Crestmoor Country Club on April 18, 2008. After closing time, Sickels and Christensen held the victim down as Sickels proceeded to rape her. Sickels then offered the chance to rape the victim to Christensen, who declined to do anything but pet the victim's hair during the ordeal. The rogue officers were arrested in June of last year.
The officers' arrests in June sent shock waves through Creston, a southwest Iowa town of about 8,000. Christensen and Sickels were fired after they were charged. The trial was moved from Union County to Woodbury County to ensure fairness.The verdict capped an eight-day trial that was often contentious. Four hours of closing arguments became so heated that Judge Arthur Gamble twice sent jurors out of the courtroom so he could referee disagreements among the attorneys.
Sickels' lawyer charged that prosecutors deliberately tried to mislead jurors about which side was responsible to prove Sickels' guilt. Defense lawyers also raised questions during the trial about the accuser's statements, her reported drunken memory lapses in the past, and the tactics used by state investigators.
Prosecutors cited conflicting statements from Sickels and Christensen about the incident, their admitted request that night for oral sex, and the woman's unwavering story.
Sickels initially denied that he had sex with the woman, then twice changed his story when questioned by a state agent. Both men argued in court papers that prosecutors misstated facts and denied them a fair trial.
Gamble ruled that prosecutors broke no rules of evidence because the conviction was supported by evidence, including Sickels' admission that he had sex with the victim.
"Given the physical evidence at the crime scene and the admissions of the defendants, the state's case was strong. The complainant's testimony was credible. Her statements to the DCI, her deposition testimony and her trial testimony were consistent on her central allegation of sexual abuse. The testimony of the defendants was neither consistent nor credible."
Spectators included members of ICASA, the Iowa Coalition Against Sexual Assault, whose spokeswoman, Catherine Fribley, said, "We are pleased to see a measure of justice brought for a survivor who experienced sexual violence at the hands of someone who was supposed to protect her. It's difficult to report people who are in prominent and important positions."
Both defendants read statements before the sentences were handed down, but neither apologized to the victim. Sickels criticized the trial as unfair and said "the system failed me." Christensen told the packed courtroom that he was sorry his relatives and friends "had to endure this."
After the hearing, Sickels' mother, Janet Jackson, said that "justice was not served here today. I'm proud of him and what he's done for the community. This was a setup from day one. You have two police officers with impeccable records, and one night of drinking that led to consensual sex. She lied and she lied on the stand."
Sickels and Christenson have 30 days to appeal their sentences, and both will be on Iowa's Sex Offender Registry for life.
The conviction stems from the attack on the waitress at the Crestmoor Country Club on April 18, 2008. After closing time, Sickels and Christensen held the victim down as Sickels proceeded to rape her. Sickels then offered the chance to rape the victim to Christensen, who declined to do anything but pet the victim's hair during the ordeal. The rogue officers were arrested in June of last year.
The officers' arrests in June sent shock waves through Creston, a southwest Iowa town of about 8,000. Christensen and Sickels were fired after they were charged. The trial was moved from Union County to Woodbury County to ensure fairness.The verdict capped an eight-day trial that was often contentious. Four hours of closing arguments became so heated that Judge Arthur Gamble twice sent jurors out of the courtroom so he could referee disagreements among the attorneys.
Sickels' lawyer charged that prosecutors deliberately tried to mislead jurors about which side was responsible to prove Sickels' guilt. Defense lawyers also raised questions during the trial about the accuser's statements, her reported drunken memory lapses in the past, and the tactics used by state investigators.
Prosecutors cited conflicting statements from Sickels and Christensen about the incident, their admitted request that night for oral sex, and the woman's unwavering story.
Sickels initially denied that he had sex with the woman, then twice changed his story when questioned by a state agent. Both men argued in court papers that prosecutors misstated facts and denied them a fair trial.
Gamble ruled that prosecutors broke no rules of evidence because the conviction was supported by evidence, including Sickels' admission that he had sex with the victim.
"Given the physical evidence at the crime scene and the admissions of the defendants, the state's case was strong. The complainant's testimony was credible. Her statements to the DCI, her deposition testimony and her trial testimony were consistent on her central allegation of sexual abuse. The testimony of the defendants was neither consistent nor credible."
Spectators included members of ICASA, the Iowa Coalition Against Sexual Assault, whose spokeswoman, Catherine Fribley, said, "We are pleased to see a measure of justice brought for a survivor who experienced sexual violence at the hands of someone who was supposed to protect her. It's difficult to report people who are in prominent and important positions."
Both defendants read statements before the sentences were handed down, but neither apologized to the victim. Sickels criticized the trial as unfair and said "the system failed me." Christensen told the packed courtroom that he was sorry his relatives and friends "had to endure this."
After the hearing, Sickels' mother, Janet Jackson, said that "justice was not served here today. I'm proud of him and what he's done for the community. This was a setup from day one. You have two police officers with impeccable records, and one night of drinking that led to consensual sex. She lied and she lied on the stand."
Sickels and Christenson have 30 days to appeal their sentences, and both will be on Iowa's Sex Offender Registry for life.
Tuesday, May 19, 2009
Washington State legislation closes loophole legalizing sex with 18 year old students
(Original Post 1-24-09)
On January 14, an appellate court stated that because Washington's educator sexual abuse statute stated only sex with minors were criminalized, teachers had a free reign to have sex with their 18 year old students.
State lawmakers, including House Majority Leader Lynn Kessler, are outraged.
"There's expectation from parents that when their children go to school, they are protected by adults, because they're students. These are places where they go to learn. Not learn how to have sex. They're going there to learn. We don't expect our teachers to start having sex with them," said Kessler.
Kessler, a Democrat representing the north Olympic Peninsula, is cosponsoring bipartisan legislation to close the loophole. House Bill 1320, which awaits a hearing in the House Public Safety Committee, would allow prosecutors to charge offending teachers and school employees with a Class C felony.
The crime would give a maximum sentence of 5 years imprisonment and registration as a sex offender for teacher student sex when the student is 16 to 21. Sex offender registration is not currently involved when teachers have sex with Washington State students over 16.
(Update 4-22-09) The Washington State House has passed HB 1385 by an 82-16 vote. This bill makes teacher/student sex with victims between 18 and 21 a felony. Rep. Larry Haler, R-Richland, wrote the bill because courts decided that the existing teacher-student sex acts only applied to minors, those under 18.
"It's been a long road but to have this legislation pass the Legislature and sent to the governor's desk is truly one of the highlights of my legislative career. As elected officials, one of our paramount duties is to protect our citizens. Keeping our families, communities and students safe is of the highest priority.
The parents of the Tri-Cities never let me forget for one minute that this was a fight for the safety of their kids," Delvin said. All day, every day they entrust their children to teachers and school employees who have pledged to keep their children safe. Today's legislation makes it crystal clear that all students in Washington state secondary schools are protected from teacher sexual misconduct to age 21, the age limit for secondary school children. I particularly wanted to protect the students with developmental disabilities and this legislation will do it."
(Update 5-19-09) Washington Governor Chris Gregoire signed the bill into law two weeks ago yesterday, or May 4. Besides teachers, janitors and bus drivers caught having sex with students between 16 and 21 will have to register as sex offenders if convicted.
On January 14, an appellate court stated that because Washington's educator sexual abuse statute stated only sex with minors were criminalized, teachers had a free reign to have sex with their 18 year old students.
State lawmakers, including House Majority Leader Lynn Kessler, are outraged.
"There's expectation from parents that when their children go to school, they are protected by adults, because they're students. These are places where they go to learn. Not learn how to have sex. They're going there to learn. We don't expect our teachers to start having sex with them," said Kessler.
Kessler, a Democrat representing the north Olympic Peninsula, is cosponsoring bipartisan legislation to close the loophole. House Bill 1320, which awaits a hearing in the House Public Safety Committee, would allow prosecutors to charge offending teachers and school employees with a Class C felony.
The crime would give a maximum sentence of 5 years imprisonment and registration as a sex offender for teacher student sex when the student is 16 to 21. Sex offender registration is not currently involved when teachers have sex with Washington State students over 16.
(Update 4-22-09) The Washington State House has passed HB 1385 by an 82-16 vote. This bill makes teacher/student sex with victims between 18 and 21 a felony. Rep. Larry Haler, R-Richland, wrote the bill because courts decided that the existing teacher-student sex acts only applied to minors, those under 18.
"It's been a long road but to have this legislation pass the Legislature and sent to the governor's desk is truly one of the highlights of my legislative career. As elected officials, one of our paramount duties is to protect our citizens. Keeping our families, communities and students safe is of the highest priority.
The parents of the Tri-Cities never let me forget for one minute that this was a fight for the safety of their kids," Delvin said. All day, every day they entrust their children to teachers and school employees who have pledged to keep their children safe. Today's legislation makes it crystal clear that all students in Washington state secondary schools are protected from teacher sexual misconduct to age 21, the age limit for secondary school children. I particularly wanted to protect the students with developmental disabilities and this legislation will do it."
(Update 5-19-09) Washington Governor Chris Gregoire signed the bill into law two weeks ago yesterday, or May 4. Besides teachers, janitors and bus drivers caught having sex with students between 16 and 21 will have to register as sex offenders if convicted.
Sunday, May 17, 2009
Connecticut teacher's aide sentenced to 9 months in prison for molesting 18 year old
Former New Britain High School paraprofessional Theodore Morris was sentenced to 5 years in prison, suspended after 9 months, after pleading guilty to 1st degree unlawful restraint. The charge and conviction stem from inappropriate touching and photography of a then 18 year old student on school grounds.
The victim, who attended the sentencing but did not speak on her behalf, graduated from a different high school, and her family is planning to sue the New Britain Board of Education in the next few months. Senior Assistant State’s Attorney Debra Collins read the victim impact statement, which read in part,
“My trust against people has been limited and my self-esteem has lowered a lot. There were times I didn’t want to look in the mirror because I was so disgusted with everything.”
Morris’ attorney Martin Rizzi argued that an expert from the Institute of Living determined his client wasn’t wholly responsible because he was improperly trained by the school system on how to deal with students. However Collins said she believed in a zero-tolerance policy when it comes to inappropriate behavior on the part of school staff.
“There should be no touching between a teacher and a student and there should be no requirement of that being taught that,” said Collins, who has previously prosecuted cases involving illicit teacher and student relationships.
New Britain Superior Court Judge Joan K. Alexander ordered the 53 year old Morris to undergo 5 years of sex offender probation, which requires that Morris stay well away from places that children congregate, including schools. Judge Alexander did not require a listing on the Connecticut Sex Offender Registry.
The victim, who attended the sentencing but did not speak on her behalf, graduated from a different high school, and her family is planning to sue the New Britain Board of Education in the next few months. Senior Assistant State’s Attorney Debra Collins read the victim impact statement, which read in part,
“My trust against people has been limited and my self-esteem has lowered a lot. There were times I didn’t want to look in the mirror because I was so disgusted with everything.”
Morris’ attorney Martin Rizzi argued that an expert from the Institute of Living determined his client wasn’t wholly responsible because he was improperly trained by the school system on how to deal with students. However Collins said she believed in a zero-tolerance policy when it comes to inappropriate behavior on the part of school staff.
“There should be no touching between a teacher and a student and there should be no requirement of that being taught that,” said Collins, who has previously prosecuted cases involving illicit teacher and student relationships.
New Britain Superior Court Judge Joan K. Alexander ordered the 53 year old Morris to undergo 5 years of sex offender probation, which requires that Morris stay well away from places that children congregate, including schools. Judge Alexander did not require a listing on the Connecticut Sex Offender Registry.
Thursday, May 7, 2009
West Des Moines teacher sentenced to 2 years probation
West Des Moines Dowling Catholic High School teacher Erin Rohwer, 28, was sentenced to 2 years probation and a SO registry listing yesterday on May 6 for having a sexual relationship with an 18 year old student.
After considering factors such as lack of priors, public humiliation, and her youth, Staskal decided to sentence her to probation, despite stating prison could be justified. Besides the aforementioned punishments, Judge Staskal also fined Rohwer $750 plus restitution to the victim and court costs, and he barred contact with the victim, his family, or other students.
"I struggled a lot to decide between probation and incarceration. Clearly, incarceration would send a powerful message. But I have concluded that incarceration, while it would definitely be warranted, is not an appropriate sentence given the other considerations." While Judge Staskal questioned Rohwer’s remorse, he decided to give her "the benefit of the doubt."
The former English department director was arrested in January and charged with sexual exploitation by a school employee for what school administrators described as a "possible inappropriate relationship" with a male student.
Rohwer, hired in 2003, was suspended after Dowling officials discovered the relationship. In a letter to parents, school president Jerry Deegan said he believed the relationship took place away from school.
In the 10 years ending in 2008, 31 teachers have had their licenses revoked by the Iowa Board of Educational Examiners for sexual relationships with students. Sexual exploitation covers professionals who have sex with clients, parishioners, and other subordinates who are legal adults. A single encounter is an aggravated misdemeanor, and a pattern of sexual misconduct is a felony. Besides teachers, priests, counselors and a psychiatrist have been prosecuted for exploitation, according to Polk County Attorney John Sarcone.
After considering factors such as lack of priors, public humiliation, and her youth, Staskal decided to sentence her to probation, despite stating prison could be justified. Besides the aforementioned punishments, Judge Staskal also fined Rohwer $750 plus restitution to the victim and court costs, and he barred contact with the victim, his family, or other students.
"I struggled a lot to decide between probation and incarceration. Clearly, incarceration would send a powerful message. But I have concluded that incarceration, while it would definitely be warranted, is not an appropriate sentence given the other considerations." While Judge Staskal questioned Rohwer’s remorse, he decided to give her "the benefit of the doubt."
The former English department director was arrested in January and charged with sexual exploitation by a school employee for what school administrators described as a "possible inappropriate relationship" with a male student.
Rohwer, hired in 2003, was suspended after Dowling officials discovered the relationship. In a letter to parents, school president Jerry Deegan said he believed the relationship took place away from school.
In the 10 years ending in 2008, 31 teachers have had their licenses revoked by the Iowa Board of Educational Examiners for sexual relationships with students. Sexual exploitation covers professionals who have sex with clients, parishioners, and other subordinates who are legal adults. A single encounter is an aggravated misdemeanor, and a pattern of sexual misconduct is a felony. Besides teachers, priests, counselors and a psychiatrist have been prosecuted for exploitation, according to Polk County Attorney John Sarcone.
Wednesday, May 6, 2009
Wisconsin correctional officer charged with sexual assault of inmate
Christopher Jackson, a guard at the Milwaukee Women's Correctional Center in Milwaukee's north side, has been charged with half a dozen counts of 2nd degree sexual assault. 5 of these counts allege that Jackson, 44, abused his authority by having sex with an inmate, and the last count alleges that Jackson used force. Each count is a Class B felony punishable by up to 40 years in prison and a $100,000 fine.
The victim told investigators that Jackson, who supervised her work duties, first approached her in February of 2008 in the basement of the correctional center, at 615 W. Keefe Ave., which is run by the state Department of Corrections. The woman said Jackson's contacts with her escalated from indecently touching to other sexual acts, some in vans off of the center grounds.
After several contacts, the woman said, she began to resist Jackson's advances in September of 2008 and he began writing her up for various actions. She said she was afraid to report the allegations earlier because of threats he had made for removing privileges and interfering with her ability to be released from the center, according to the complaint.
The victim's complaint stated that she"was very frightened of the threats and the power and authority that Jackson had over her." Jackson is currently being held on $50,000 bail in the Milwaukee County Jail.
The victim told investigators that Jackson, who supervised her work duties, first approached her in February of 2008 in the basement of the correctional center, at 615 W. Keefe Ave., which is run by the state Department of Corrections. The woman said Jackson's contacts with her escalated from indecently touching to other sexual acts, some in vans off of the center grounds.
After several contacts, the woman said, she began to resist Jackson's advances in September of 2008 and he began writing her up for various actions. She said she was afraid to report the allegations earlier because of threats he had made for removing privileges and interfering with her ability to be released from the center, according to the complaint.
The victim's complaint stated that she"was very frightened of the threats and the power and authority that Jackson had over her." Jackson is currently being held on $50,000 bail in the Milwaukee County Jail.
Monday, May 4, 2009
Georgia man sentenced to life plus 95 years for raping, beating wife
Michael Ellicott, a Peachtree City, GA man, was sentenced to life in prison plus 95 years today after his conviction of 13 out of 15 counts regarding the attack on his wife of 23 years in their basement theater last January 20.
Michael Ellicott testified Wednesday [April 29], denying that he ever struck or raped his wife. His testimony came after the jury was shown disturbing photos of his wife Pamela’s injuries. The photos were taken at the hospital where she was treated after police were called to their home Jan. 20.
Shown graphic images of deep bruises on various parts of Pamela Ellicott’s body, Michael Ellicott resolutely said that he did not cause any of them. He also contended that while he did not strike his wife with drumsticks as alleged, she was striking herself with the drumsticks during the incident.
The victim, Pamela Ellicott, stated the the beatings started around a year and a half before the January 20th attack in the couple’s basement. Pam did not seek divorce because she still loved her husband “It wasn’t until the last year that I stayed out of fear,” she testified Tuesday, April 28.
Mrs. Ellicott testified that the January 20, 2008 beating was interrupted by a phone call from a woman her husband identified as his mistress. After he took the call, she grabbed a cordless phone and called 911 from their neighbor’s home.
Besides the January 20 attack, the victim testified her husband broke both of her wrists, and one time, his blows were meant for her head, but she deflected it. The victim also told of anal sexual assaults she endured, leading to buttock injuries which required surgery, making it painful to walk.
Michael Ellicott testified that adultery on his part and on his wife’s part played a role in friction between the couple.
Michael Ellicott said several days before his arrest he had noticed red marks on his wife and encouraged her to see a psychiatrist who had previously helped her on the self-abuse matter.
A co-worker at Delta Airlines whom Michael Ellicott admitted to having an affair with testified that in December 2007 he had told her about Pamela Ellicott’s self-abuse problem.
Michael Ellicott admitted that he hoped to divorce his wife but prosecutor Warren Sellers reminded him that in his answer to Pamela Ellicott’s divorce suit he is asking for the marriage to remain intact.
“I still do love Pam. I understand the situation but I’m not happy with it,” Michael Ellicott said. “I don’t want to go to jail for 400 years sir. I thought she would come to her senses.”
Before the sentencing, but after the vercict, Judge English made a lenghty statement about the nature of the crimes committed against the victim.
I think the judge said it all. But I know this is not the end of this. We have a long road ahead of us, but my kids and I are strong and we will get through this. Now is not time for me to walk away, it's time for me to step up to the plate and help anyone else that I can help. They protected me and my children. Their conviction to do the right thing never waivered nor stopped. The work they put into this was amazing. The process worked this time.”
Fayette County Judge Paschal English stared at the 48 year old defendant in the packed courtroom as he gave his denunciation.
"I have observed you during this trial, and I don't think it ever sunk in with you. You laughed, you smiled, you cut up with people. I don't believe you ever thought for one second that you would be convicted."
Judge English also said that the defendant's conduct besmirched the Air Force, where Michael Ellicott flew an F-15 fighter jet, and Delta Air Lines, where he worked before being charged.
The jurors, after 11 hours of deliberation, returned a guilty verdict at 4:40 PM local time Friday, May 1 of guilty of five counts of aggravated battery (family violence), four counts of aggravated assault (family violence), two counts of aggravated sodomy, one count of false imprisonment and one count of rape.Michael Ellicott testified Wednesday [April 29], denying that he ever struck or raped his wife. His testimony came after the jury was shown disturbing photos of his wife Pamela’s injuries. The photos were taken at the hospital where she was treated after police were called to their home Jan. 20.
Shown graphic images of deep bruises on various parts of Pamela Ellicott’s body, Michael Ellicott resolutely said that he did not cause any of them. He also contended that while he did not strike his wife with drumsticks as alleged, she was striking herself with the drumsticks during the incident.
The victim, Pamela Ellicott, stated the the beatings started around a year and a half before the January 20th attack in the couple’s basement. Pam did not seek divorce because she still loved her husband “It wasn’t until the last year that I stayed out of fear,” she testified Tuesday, April 28.
Mrs. Ellicott testified that the January 20, 2008 beating was interrupted by a phone call from a woman her husband identified as his mistress. After he took the call, she grabbed a cordless phone and called 911 from their neighbor’s home.
Besides the January 20 attack, the victim testified her husband broke both of her wrists, and one time, his blows were meant for her head, but she deflected it. The victim also told of anal sexual assaults she endured, leading to buttock injuries which required surgery, making it painful to walk.
Michael Ellicott testified that adultery on his part and on his wife’s part played a role in friction between the couple.
Michael Ellicott said several days before his arrest he had noticed red marks on his wife and encouraged her to see a psychiatrist who had previously helped her on the self-abuse matter.
A co-worker at Delta Airlines whom Michael Ellicott admitted to having an affair with testified that in December 2007 he had told her about Pamela Ellicott’s self-abuse problem.
Michael Ellicott admitted that he hoped to divorce his wife but prosecutor Warren Sellers reminded him that in his answer to Pamela Ellicott’s divorce suit he is asking for the marriage to remain intact.
“I still do love Pam. I understand the situation but I’m not happy with it,” Michael Ellicott said. “I don’t want to go to jail for 400 years sir. I thought she would come to her senses.”
Before the sentencing, but after the vercict, Judge English made a lenghty statement about the nature of the crimes committed against the victim.
However, I have listened to more cases than I can count, and I can say that these are the worst injuries I have ever observed on someone who lived. I can't understand why a man who was 6-3, 270 pounds would deliberately break the arms of a frail woman who was the mother of his two children. Then try to tell us those wounds were self inflicted.
It begs all logic, and it underscores the individual I saw trying to hide behind such an unbelievable story. I've seen torture at the hands of an enemy. But I have never seen it and hope to never see it again, from someone who confesses to love someone. What a charade.
English also spoke of Ellicott's use of drumsticks to beat his wife."The drumsticks are irony," he said. "They represented to a young woman horrific pain from beatings that no one can imagine. On the other hand, a different drum beat began, because that drumbeat represents the death of a monster, and that's you Mr. Ellicott," English said.
"You were provided the best of best, with a pristine military career, a job most would love to have, friends through Delta. But you turned your back on your family, friends, employer, and your military and country. How can someone who fought for the freedom of others, so willingly jeopordize those freedoms at the end of two wooden drum sticks?""You have changed a lot of lives, none for the better. This woman may never live a normal life again."
After the sentencing, the victim praised the judge, the DA's office, and the Peachtree City Police, but said that she and her kids "have a long road ahead of them." she also said that she would like to one day help other victims.I think the judge said it all. But I know this is not the end of this. We have a long road ahead of us, but my kids and I are strong and we will get through this. Now is not time for me to walk away, it's time for me to step up to the plate and help anyone else that I can help. They protected me and my children. Their conviction to do the right thing never waivered nor stopped. The work they put into this was amazing. The process worked this time.”
Man's life sentence for murder attempt on wife upheld on appeal
Frederick Evrod Jones, 56, of Columbia, MD, attempted to overturn by appealing his life sentence handed down in December 2006 for the brutal machete attack on his now ex-wife. He failed in that endeavor.
Jones and his lawyer, Louis Wellemin went in front of an appellate judicial panel to argue that instead of life, Jones should have been sentenced to 12-20 years for the most serious charge, attempted murder. Besides the murder attempt, Jones was convicted of 1st degree assault and violation of a protective order.
On April 23, Jones' attorney, Louis Wellemin, argued to the three-judge panel — Howard County Circuit Court judges Louis Becker, Diane Leasure and Richard Bernhardt — that Jones, who had stopped short of killing his wife, should be sentenced according to state sentencing guidelines for attempted first-degree murder, of which Jones was convicted.Those guidelines, Willemin said, should reduce the sentence to between 12 and 20 years.
But Assistant State’s Attorney Claude de Vastey Jones emphasized the brutal nature of the crime, stressing that Jones had hid behind a trash can and waited for his wife, and that her skull had been cracked. She said Jones’ ex-wife still has to wear makeup and style her hair in a particular way to conceal the scars.
The decision, which was released Thursday, April 30, states that “Given the conduct of the defendant in the perpetration of the offense, the permanent and potentially fatal injuries suffered by the victim, and the circumstances of the offenses, the sentence imposed by Judge [Lenore] Gelfman was not excessive or unjust.”
Jones and his lawyer, Louis Wellemin went in front of an appellate judicial panel to argue that instead of life, Jones should have been sentenced to 12-20 years for the most serious charge, attempted murder. Besides the murder attempt, Jones was convicted of 1st degree assault and violation of a protective order.
On April 23, Jones' attorney, Louis Wellemin, argued to the three-judge panel — Howard County Circuit Court judges Louis Becker, Diane Leasure and Richard Bernhardt — that Jones, who had stopped short of killing his wife, should be sentenced according to state sentencing guidelines for attempted first-degree murder, of which Jones was convicted.Those guidelines, Willemin said, should reduce the sentence to between 12 and 20 years.
But Assistant State’s Attorney Claude de Vastey Jones emphasized the brutal nature of the crime, stressing that Jones had hid behind a trash can and waited for his wife, and that her skull had been cracked. She said Jones’ ex-wife still has to wear makeup and style her hair in a particular way to conceal the scars.
The decision, which was released Thursday, April 30, states that “Given the conduct of the defendant in the perpetration of the offense, the permanent and potentially fatal injuries suffered by the victim, and the circumstances of the offenses, the sentence imposed by Judge [Lenore] Gelfman was not excessive or unjust.”
Sunday, May 3, 2009
Arkansas man gets 45 years with 24 to serve for wife rape, kidnapping
A Siloam Springs, AR man was sentenced to 45 years Thursday for kidnapping and raping his wife, then holding their 5 year old son as a human shield when police arrived back in April 20, 2007.
Ciro Jimenez was found guilty Thursday, April 30, of rape and kidnapping, Class Y felonies in Arkansas, and the Class D felonies of aggravated assault and endangering the welfare of a minor in the first degree. The assault charge was enhanced because it was done in the presence of their 5 year old son.
The jury recommended that Jimenez serve 15 years for rape; 20 years for kidnapping; five years for aggravated assault; five years for the enhancement; and five years for endangering the welfare of a minor.
The panel did not recommend whether Jimenez would serve the sentences concurrently or consecutively, but [Benton County Circuit Court Judge] Clinger ordered Jimenez to serve five years each for the aggravated assault and the endangering convictions. The judge sentenced Jimenez to five years for the enhancement charge. Clinger sentenced Jimenez to 15 years for rape and 20 years for kidnapping. He ordered the sentences to be served consecutively.
His wife testified that Jimenez forcibly held her in their home for about 20 hours. She testified he attacked her and tied, taped and gagged her. He also raped her on two occasions, she testified. She was able to call 911, and a Benton County Sheriff's Office deputy responded to the scene.
The deputy was met by an armed Jimenez, who pointed a .45-caliber gun toward the deputy. Jimenez was holding his 5-year-old son as a shield. The deputy retreated behind his vehicle for cover and drew his weapon.
After several minutes, Jimenez dropped his weapon and was arrested. After Jimenez was placed in the patrol car, he was recorded telling his nephew to have his (Jimenez's) wife killed. Jurors listened to and watched the recording.
Due to the above account of the attack, Deputy Prosecutor Carrie Dobbs asked all sentences to be run consecutively. "'I will get out one day and get my revenge," Jimenez said before the attack.
The judge presiding over the trial was Benton County Circuit Judge David Clinger, who described the crimes of conviction as violent crimes leaving a woman and her son victims. While the gun was not discharged during the standoff according to Clinger, "the deputy sheriff had to respond. It's his job. He walked into the face of death."
Ciro Jimenez was found guilty Thursday, April 30, of rape and kidnapping, Class Y felonies in Arkansas, and the Class D felonies of aggravated assault and endangering the welfare of a minor in the first degree. The assault charge was enhanced because it was done in the presence of their 5 year old son.
The jury recommended that Jimenez serve 15 years for rape; 20 years for kidnapping; five years for aggravated assault; five years for the enhancement; and five years for endangering the welfare of a minor.
The panel did not recommend whether Jimenez would serve the sentences concurrently or consecutively, but [Benton County Circuit Court Judge] Clinger ordered Jimenez to serve five years each for the aggravated assault and the endangering convictions. The judge sentenced Jimenez to five years for the enhancement charge. Clinger sentenced Jimenez to 15 years for rape and 20 years for kidnapping. He ordered the sentences to be served consecutively.
His wife testified that Jimenez forcibly held her in their home for about 20 hours. She testified he attacked her and tied, taped and gagged her. He also raped her on two occasions, she testified. She was able to call 911, and a Benton County Sheriff's Office deputy responded to the scene.
The deputy was met by an armed Jimenez, who pointed a .45-caliber gun toward the deputy. Jimenez was holding his 5-year-old son as a shield. The deputy retreated behind his vehicle for cover and drew his weapon.
After several minutes, Jimenez dropped his weapon and was arrested. After Jimenez was placed in the patrol car, he was recorded telling his nephew to have his (Jimenez's) wife killed. Jurors listened to and watched the recording.
Due to the above account of the attack, Deputy Prosecutor Carrie Dobbs asked all sentences to be run consecutively. "'I will get out one day and get my revenge," Jimenez said before the attack.
The judge presiding over the trial was Benton County Circuit Judge David Clinger, who described the crimes of conviction as violent crimes leaving a woman and her son victims. While the gun was not discharged during the standoff according to Clinger, "the deputy sheriff had to respond. It's his job. He walked into the face of death."
Man gets 23 years for slashing wife
Donovan D. Brown, of St. Paul, MN, was sentenced to 23 years Wednesday, April 29, for slashing his estranged and soon to be ex-wife and baby’s mama, Shanda S. Robinson, in the face and on her cheeks last summer. Only the brave actions of the victim’s mother prevented her daughter from being killed.
Ramsey County District Judge Margaret Marrinan sentenced Brown for 20 years, the maximum sentence, for attempted murder. Judge Marrinan also sentenced Brown for 4 counts of terroristic threats against Robinson and the couple’s three kids, and additional counts of 1st, 2nd, and 3rd degree assault.
"We are here on attempted murder [rather than murder] only because your wife's mother had the presence of mind to batter down that door, get to her daughter and apply pressure to those wounds," the judge said.
Prosecutor Janice Barker summed up the case during her closing argument: A court order prohibited Brown from living at Robinson's apartment in the 300 block of Birmingham Avenue on St. Paul's East Side after he was charged with whipping her middle child with a belt.
He grew tired and frustrated with living out of his car and returned to the apartment Aug. 2 "to claim what he believed he was entitled to," Barker told the jury. Robinson awoke from a nap when she heard Brown rifling through her kitchen drawers. That's apparently where he grabbed a large box cutter. She tried to avoid an argument by leaving to run an errand, but Brown was still there when she got back. Again, she tried to ignore him.
Robinson didn't know he had a box cutter until he raised his hand and brought it down on her cheek. He continued slashing and, "She thought she was going to die in front of her children," Barker said.
Brown fled, crashing through a window. He called 911 and told a dispatcher that Robinson had tried to cut him and "I had to defend myself."
Robinson cried in her mother’s arms as Barker read her victim impact statement. The statement said in part, "[The attack] has changed my life forever ... I have to worry what people will think when they look at my scars. The kids will always know who did this to me."
Brown attempted to explain his actions that August night before sentencing. "At the time, it was like she was taking everything from me. I'm not blaming her in the least. I wish I could take back my actions. I'm just sorry for what I did… My wife IS a wonderful woman. My kids are wonderful."
After the sentencing, Barker said about the victim, "She is an amazing woman. She has developed into a wonderful mother. She works to support her children and did everything to keep them safe.”
Ramsey County District Judge Margaret Marrinan sentenced Brown for 20 years, the maximum sentence, for attempted murder. Judge Marrinan also sentenced Brown for 4 counts of terroristic threats against Robinson and the couple’s three kids, and additional counts of 1st, 2nd, and 3rd degree assault.
"We are here on attempted murder [rather than murder] only because your wife's mother had the presence of mind to batter down that door, get to her daughter and apply pressure to those wounds," the judge said.
Prosecutor Janice Barker summed up the case during her closing argument: A court order prohibited Brown from living at Robinson's apartment in the 300 block of Birmingham Avenue on St. Paul's East Side after he was charged with whipping her middle child with a belt.
He grew tired and frustrated with living out of his car and returned to the apartment Aug. 2 "to claim what he believed he was entitled to," Barker told the jury. Robinson awoke from a nap when she heard Brown rifling through her kitchen drawers. That's apparently where he grabbed a large box cutter. She tried to avoid an argument by leaving to run an errand, but Brown was still there when she got back. Again, she tried to ignore him.
Robinson didn't know he had a box cutter until he raised his hand and brought it down on her cheek. He continued slashing and, "She thought she was going to die in front of her children," Barker said.
Brown fled, crashing through a window. He called 911 and told a dispatcher that Robinson had tried to cut him and "I had to defend myself."
Robinson cried in her mother’s arms as Barker read her victim impact statement. The statement said in part, "[The attack] has changed my life forever ... I have to worry what people will think when they look at my scars. The kids will always know who did this to me."
Brown attempted to explain his actions that August night before sentencing. "At the time, it was like she was taking everything from me. I'm not blaming her in the least. I wish I could take back my actions. I'm just sorry for what I did… My wife IS a wonderful woman. My kids are wonderful."
After the sentencing, Barker said about the victim, "She is an amazing woman. She has developed into a wonderful mother. She works to support her children and did everything to keep them safe.”
Saturday, May 2, 2009
St. Clair Shores, MI teacher originally charged with 4th degree CSC - convicted of attempted stalking
(Original Post 8-7-08)
A suburban Detroit culinary arts teacher is charged with 4th degree criminal sexual conduct for engaging in sex acts with a 16 year old and a 17 year old boy on a boat belonging to the parents of a former student.Tha alleged victims are current students at South Lake High School in St. Clair Shores. Melissa Lavender, 33 was charged with 2 counts of 4th degree CSC when arraigned by Judge Joseph Craigen Oster.
After her lawyer, Warren, MI based Michael Dennis, waived the formal reading of the charges and entered a not guilty plea on Lavender’s behalf, Judge Oster scheduled a pretrial conference for August 26, set bond at $25,000, which she posted, and set conditions on her release.
The conditions include – no contact with the alleged victims or witnesses, no unsupervised contact with minors, and no alcohol or drug use. Lavender must also submit to random Breathalyser tests 4 times a day.
Police and prosecutors accuse Lavender of engaging in sex acts with two teens on a boat belonging to the family of a former South Lake High student. The two are ages 16 and 17 and currently attend the school.
The boat was docked in a marina in St. Clair Shores at the time of the alleged incidents, which police said occurred in the overnight hours of June 26. Police said Lavender was the only teacher aboard the boat at the time of the incidents.
Alcohol is believed to be a factor, Bergeron said.
Dennis, who called the charges serious, said "from what everyone says, all the students and parents who know her love her. These allegations are totally out of character."
According to Deborah Thompson, South Lake School District Superintendent, Lavender, worked as a culinary arts teacher in the district for 6 years, rising to the head of the culinary arts program from a food teacher. Lavender is being suspended with pay, pending the results of the investigation.
"Students and parents came forward…. We're deeply saddened by these allegations. Our first priority is to follow our policies, ensuring the safety and support of all our students."
Thompson also posted a letter to "South Lake Families" on the high school's Web site, acknowledging that she's been informed of "alleged serious misconduct involving a high school teacher and students."
According to the Detroit News, a substitute culinary arts teaching position was also posted on the site. There were no takers, yet. 16 is usually the AOC in Michigan, but it rises to 18 in regular teacher/student cases, and 26 if the teacher is a special education teacher. This law took effect July 1.
4th degree CSC is a 2-year misdemeanor in Michigan.
(Update 3-20-09) Lavender pled guilty to attempted aggravated stalking Monday March 16. Attempted aggravated stalking is a 5 year felony, so the plea to a greater offense was presumably to get off of the sex offender list. Both 4th degree CSC counts were dismissed at part of the plea agreement, and Lavender signed a document voiding her teaching certificate.
Lavender teared up as she told the court she tried to contact via electronic device two male students in a "harassing manner." Police say although the students were of the age of consent, state law forbids teachers from having relationships with students.
The Macomb County Prosecutor's Office will seek at least 5 years probation when sentencing is held April 29.
(Update 5-2-09) Lavender was sentenced to the agreed upon 5 years probation by Macomb Circuit Judge Matthew Switalski on Wednesday, April 29. The reason prosecutors did not seek prison time was because of her 1st time status.
A suburban Detroit culinary arts teacher is charged with 4th degree criminal sexual conduct for engaging in sex acts with a 16 year old and a 17 year old boy on a boat belonging to the parents of a former student.Tha alleged victims are current students at South Lake High School in St. Clair Shores. Melissa Lavender, 33 was charged with 2 counts of 4th degree CSC when arraigned by Judge Joseph Craigen Oster.
After her lawyer, Warren, MI based Michael Dennis, waived the formal reading of the charges and entered a not guilty plea on Lavender’s behalf, Judge Oster scheduled a pretrial conference for August 26, set bond at $25,000, which she posted, and set conditions on her release.
The conditions include – no contact with the alleged victims or witnesses, no unsupervised contact with minors, and no alcohol or drug use. Lavender must also submit to random Breathalyser tests 4 times a day.
Police and prosecutors accuse Lavender of engaging in sex acts with two teens on a boat belonging to the family of a former South Lake High student. The two are ages 16 and 17 and currently attend the school.
The boat was docked in a marina in St. Clair Shores at the time of the alleged incidents, which police said occurred in the overnight hours of June 26. Police said Lavender was the only teacher aboard the boat at the time of the incidents.
Alcohol is believed to be a factor, Bergeron said.
Dennis, who called the charges serious, said "from what everyone says, all the students and parents who know her love her. These allegations are totally out of character."
According to Deborah Thompson, South Lake School District Superintendent, Lavender, worked as a culinary arts teacher in the district for 6 years, rising to the head of the culinary arts program from a food teacher. Lavender is being suspended with pay, pending the results of the investigation.
"Students and parents came forward…. We're deeply saddened by these allegations. Our first priority is to follow our policies, ensuring the safety and support of all our students."
Thompson also posted a letter to "South Lake Families" on the high school's Web site, acknowledging that she's been informed of "alleged serious misconduct involving a high school teacher and students."
According to the Detroit News, a substitute culinary arts teaching position was also posted on the site. There were no takers, yet. 16 is usually the AOC in Michigan, but it rises to 18 in regular teacher/student cases, and 26 if the teacher is a special education teacher. This law took effect July 1.
4th degree CSC is a 2-year misdemeanor in Michigan.
(Update 3-20-09) Lavender pled guilty to attempted aggravated stalking Monday March 16. Attempted aggravated stalking is a 5 year felony, so the plea to a greater offense was presumably to get off of the sex offender list. Both 4th degree CSC counts were dismissed at part of the plea agreement, and Lavender signed a document voiding her teaching certificate.
Lavender teared up as she told the court she tried to contact via electronic device two male students in a "harassing manner." Police say although the students were of the age of consent, state law forbids teachers from having relationships with students.
The Macomb County Prosecutor's Office will seek at least 5 years probation when sentencing is held April 29.
(Update 5-2-09) Lavender was sentenced to the agreed upon 5 years probation by Macomb Circuit Judge Matthew Switalski on Wednesday, April 29. The reason prosecutors did not seek prison time was because of her 1st time status.
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