A Laramie, WY man faces a minimum of 20 years and a maximum of life for kidnapping then raping his wife at a park, then motel. A jury of 10 women and 2 men convicted Donald Ray Daves of 4 counts of 1st degree sexual assault, 5 counts of using a firearm while committing a felony, and single counts of kidnapping, aggravated battery, and possession of a deadly weapon with unlawful intent.
The 46 year old perpetrator's conviction stemmed from a incident which occurred over the couse of two days. According to the victim and prosecutors, Daves' assault began April 4 at the Monolith Ranch public access area to purportedly dig up jewelry he buried. The gunpoint sex assaults at the access area occurred in Daves' Ford Ranger pickup truck. After Daves finished raping his victim there, he drove around, looking for a motel to stay. According to Albany County Attorney Richard Bohling, Daves unsucessfully rented a room at a Howard Johnson's. “He reminded her if she runs he’ll blow a hole in her head the size of a coffee mug,” Bohling said about the threats the perpetrator made to his victim.
Eventually, Daves rented a room at the 1st Inn Gold, where he raped his victim three times, each time with the semiautomatic handgus laring on the stand next to the bed. According to Bohling, the gun on the stand was used to keep the victim submissive. “This is all about power. It’s not about consensual sex.”
After he finished raping his wife, he dropped her off at her home April 5, threatening to kill her if she told. The next day, Daves fled and led police on a high speed chase after Laramie and Albany County Sheriff’s officers attempted to question him about the rapes.
Public defender Vaughn Neubauer focused on the physical evidence and the victim’s testimony.
Neubauer said the victim had lied on the stand because she wanted Daves out of her life. “Don’s an easy target,” he said. “She had the perfect opportunity to get rid of Don Daves forever.”
Neubauer asked the jury to remember the victim’s testimony and how she became “defensive and angry and hostile” during cross examination after crying earlier in the day. “Her testimony was contrived. She made it up,” he said. “Someone … who can turn it on, turn it off and turn it on again is capable of doing that.”
Concerning the physical evidence, Neubauer said the DNA analysis performed by the Wyoming State Crime Lab and the biological materials tests performed by Laramie Police Sgt. Michael Ernst were non-factors.
He reminded the jury that the DNA analysis and presence of fluids on Daves’ underwear could not be used to determine if the sexual acts were consensual or non-consensual. Neubauer added that Ernst failed to find any biological evidence inside Daves’ pickup truck, which is where the victim had said Daves had forced her to perform oral sex.
In addition, Neubauer referred to the testimony of Dr. Jonna W. Gies of the Ivinson Memorial Hospital Emergency Department, who performed a sexual assault examination of the victim on April 9. In her testimony on Tuesday, Gies had said there was no evidence of tearing or redness on the victim. Gies had said there were two bruises on the victim’s inner thighs. However, she admitted they could have happened during consensual or non-consensual sex.
Because the physical evidence could not prove Daves had sexually assaulted his wife, Neubauer said the prosecution’s case depended on the victim’s testimony and circumstantial evidence. “What this case really comes down to is whether you believe (the victim) beyond a reasonable doubt,” he said. Neubauer also pointed to the events in the front lobby of the Howard Johnson’s Hotel on the night of April 4 to show the victim was with Daves on her own volition.
Jeffrey Becker, a former Howard Johnson Hotel front desk manager, testified on Wednesday that the victim could have escaped out the front door or spoken to him while Daves was in the restroom.“She had a number of options available to her,” Neubauer said. “She could have asked for help, but she didn’t.”
Then, instead of fleeing the county or holding the victim hostage, Daves took her home before returning to his residence.
Bolling rebutted the defense argument by stating in his closing that “There’s no handbook of how to be a victim of crimes like this...Some people spend years in (an abusive) situation before they ever get out.”
Daves is being held without bail in the Albany County Detention Center until sentencing.
Saturday, October 24, 2009
Ex sheriff's deputy pleads guilty to rape of drunk woman
Former Fall River County sheriff deputy Buckly "Buck" McColl plead guilty to a single count of 3rd degree rape in front of Seventh Circuit Court Judge Thomas Trimble in the Cusster County, SD courthouse yesterday. In South Dakota, 3rd degree rape carries a maximum sentence of 25 years or a $50,000 fine. 2rd degree rape is defined as having intercourse with a drunk, drugged, or asleep person, rendering them unable to consent to sex.
Greg Sperlich, McColl's lawyer, said the guilty plea was designed to cap his client's sentence at 5 years. Two other 3rd degree rape charges, as well as counts of perjury and false reporting, were dropped in exchange for the plea.
As part of his guilty plea, Judge Trimble required that McColl give a factual basis for the plea, to which McColl replied, “I had intercourse with (name redacted). She was intoxicated at the time and could not give consent.”
After the plea, Judge Trimble ordered that a pre-sentence investigation be done. A sentencing date has not yet been scheduled, but will take place in Fall River County before Judge A.P. Fuller.
State’s Attorney Jim Sword requested that McColl be remanded to the Fall River County Sheriff, but Trimble said that McColl would be allowed to remain free on bond. Sword then asked that he be required to stay within the boundaries of the Seventh Circuit.
McColl stated that he had to leave the 7th Circuit's boundaries for his work as a trucker. Judge Trimble kept McColl's bond at its current level, stating that “He is here. He entered his plea.”
Greg Sperlich, McColl's lawyer, said the guilty plea was designed to cap his client's sentence at 5 years. Two other 3rd degree rape charges, as well as counts of perjury and false reporting, were dropped in exchange for the plea.
As part of his guilty plea, Judge Trimble required that McColl give a factual basis for the plea, to which McColl replied, “I had intercourse with (name redacted). She was intoxicated at the time and could not give consent.”
After the plea, Judge Trimble ordered that a pre-sentence investigation be done. A sentencing date has not yet been scheduled, but will take place in Fall River County before Judge A.P. Fuller.
State’s Attorney Jim Sword requested that McColl be remanded to the Fall River County Sheriff, but Trimble said that McColl would be allowed to remain free on bond. Sword then asked that he be required to stay within the boundaries of the Seventh Circuit.
McColl stated that he had to leave the 7th Circuit's boundaries for his work as a trucker. Judge Trimble kept McColl's bond at its current level, stating that “He is here. He entered his plea.”
Thursday, October 22, 2009
Ex teacher's aide sentenced to five years for "relationship" with 16 year old
Former Burlington County Special Services teacher's aide Donna Goebel was sentenced to 5 years in prison and lifetime parole for starting a relationship with a 16 year old student. This sentence was handed down on Monday by Superior Court Judge James Morley and split the difference between the 7 years requested by Burlington County prosecutors and 3 years requested by the defense.
On July 17, Goebel was convicted of a count of sexual assault involving the student who attended class where she was a teacher's aide last year. This "relationship" started while she was still married, but in an unhapy relationship with her husband.
"It's possible she just wanted to be around someone who was nice to her and got caught up in something she shouldn't have," Judge Morley said, adding she used her position to get close to him whether she originally intended to or not.
Judge Morley also opined "But for the defendant's status, there would be no crime here (because) the relationship was entirely consensual." Pennsylvania's AOC is usually 16, but rises to 18 when the adult is in a position of trust.
In a letter to the judge, Goebel's older daughter, Jennifer, said her mother was in a "poisonous destructive relationship" with her father that made her mother do uncharacteristic things. "She is a loving mother and constantly made sacrifices for me . . . She is not the woman portrayed in the newspapers," the college student wrote.
Goebel is currently divorced and is in the process of remarrying.
On July 17, Goebel was convicted of a count of sexual assault involving the student who attended class where she was a teacher's aide last year. This "relationship" started while she was still married, but in an unhapy relationship with her husband.
"It's possible she just wanted to be around someone who was nice to her and got caught up in something she shouldn't have," Judge Morley said, adding she used her position to get close to him whether she originally intended to or not.
Judge Morley also opined "But for the defendant's status, there would be no crime here (because) the relationship was entirely consensual." Pennsylvania's AOC is usually 16, but rises to 18 when the adult is in a position of trust.
In a letter to the judge, Goebel's older daughter, Jennifer, said her mother was in a "poisonous destructive relationship" with her father that made her mother do uncharacteristic things. "She is a loving mother and constantly made sacrifices for me . . . She is not the woman portrayed in the newspapers," the college student wrote.
Goebel is currently divorced and is in the process of remarrying.
Wednesday, October 21, 2009
How date and acquaintence rapists select, target, and violate victims
The steps typical of the pattern are detailed, Cook said, in the article “Date/ Acquaintance Rape: The Crime and Criminal Profile,” by Central Michigan University associate professor Stephen M. Thompson.
1. The man selects someone who is flattered by his attention.
“And that is one of the reasons why freshmen on campus are at such high risk,” Cook said. “They’re vulnerable. They’re targeted because they’re going to be really flattered when an upperclassman invites them to this huge party.”
Usually the woman is a friend, co-worker or friend of a friend, Thompson says.
“It’s important because he is picking someone who he’ll have contact with again,” Cook said. “And probably they’ll have mutual friends and they’ll see each other again, so after he rapes her, there’s going to be a lot of pressure on her not to report it, because it would create huge upheaval in her social life.”
2. Then comes the grooming.
“This is where he’s going to really just break any kind of distrust or boundaries down by being this nice, great guy and creating a situation where she feels like she can trust him,” Cook said. “Control is important, so he might push alcohol at this point.”
If the woman returns his affection, and “if she consents in this situation then that’s great and he’s going to consider that a score,” Cook said. “But if she doesn’t consent, he’s going to go ahead and do it anyway. He believes that sex is his right.”
3. He gets her alone. About 54 percent of the time, this happens at the man’s home, Cook said. “She’ll go because he’s groomed her ... she feels like she knows him.”
4. He sends a message, using just enough aggression to intimidate the woman into not fighting back.
“He sends the message that, ‘Don’t try to resist, you’re not getting out of here until I get what I want.’ ” Cook explains. “And this is where we hear victims say time and time again, ‘I knew I was in a lot of trouble.’ And so natural reaction is to freeze up in fear, to just pray to God to just get through it. This person is capable of this, I don’t know what else they are capable of.”
The last their friends saw, the man and woman had willingly left together. “So they think, of course, it was consensual, of course she wanted to have sex,” Cook said. “But the only person who sees the intimidating, violent, forceful side of the rapist is his victim and to everyone else he’s still that great, nice guy that she left with.”
5. Placing blame.
At every step, including the last, Cook says the “nice guy” image is believable. Even the “nice guy” himself often believes what happened was OK. “So he might walk her home or kiss her goodnight, call her the next day,” Cook said. “And plant those seeds of doubt that maybe what happened wasn’t rape.”
Cook says it’s common for the woman to think, “I didn’t physically resist, I didn’t scream ‘no,’ so maybe it was mixed signals.” “That’s completely intentional on his part,” she said.
Women who report being raped by a date or acquaintance often tell similar stories about the events that led to the rape, says Corey Cook, of the Centre County Women's Resource Center.
1. The man selects someone who is flattered by his attention.
“And that is one of the reasons why freshmen on campus are at such high risk,” Cook said. “They’re vulnerable. They’re targeted because they’re going to be really flattered when an upperclassman invites them to this huge party.”
Usually the woman is a friend, co-worker or friend of a friend, Thompson says.
“It’s important because he is picking someone who he’ll have contact with again,” Cook said. “And probably they’ll have mutual friends and they’ll see each other again, so after he rapes her, there’s going to be a lot of pressure on her not to report it, because it would create huge upheaval in her social life.”
2. Then comes the grooming.
“This is where he’s going to really just break any kind of distrust or boundaries down by being this nice, great guy and creating a situation where she feels like she can trust him,” Cook said. “Control is important, so he might push alcohol at this point.”
If the woman returns his affection, and “if she consents in this situation then that’s great and he’s going to consider that a score,” Cook said. “But if she doesn’t consent, he’s going to go ahead and do it anyway. He believes that sex is his right.”
3. He gets her alone. About 54 percent of the time, this happens at the man’s home, Cook said. “She’ll go because he’s groomed her ... she feels like she knows him.”
4. He sends a message, using just enough aggression to intimidate the woman into not fighting back.
“He sends the message that, ‘Don’t try to resist, you’re not getting out of here until I get what I want.’ ” Cook explains. “And this is where we hear victims say time and time again, ‘I knew I was in a lot of trouble.’ And so natural reaction is to freeze up in fear, to just pray to God to just get through it. This person is capable of this, I don’t know what else they are capable of.”
The last their friends saw, the man and woman had willingly left together. “So they think, of course, it was consensual, of course she wanted to have sex,” Cook said. “But the only person who sees the intimidating, violent, forceful side of the rapist is his victim and to everyone else he’s still that great, nice guy that she left with.”
5. Placing blame.
At every step, including the last, Cook says the “nice guy” image is believable. Even the “nice guy” himself often believes what happened was OK. “So he might walk her home or kiss her goodnight, call her the next day,” Cook said. “And plant those seeds of doubt that maybe what happened wasn’t rape.”
Cook says it’s common for the woman to think, “I didn’t physically resist, I didn’t scream ‘no,’ so maybe it was mixed signals.” “That’s completely intentional on his part,” she said.
Women who report being raped by a date or acquaintance often tell similar stories about the events that led to the rape, says Corey Cook, of the Centre County Women's Resource Center.
Contra Costa sex crimes prosecutor indicted on sex crimes
Contra Costa County sex crimes prosecutor Michael Gressett was formally indicted by a grand jury yesterday on 13 counts of rape, sodomy, and related crimes after a former colleague accused him of raping her while at a lunch break at his condo. The victim, known only as "Jane Doe" was a 30 year old prosecutor at the time of the alleged attack, and over a dozen prosecutors testified in front of the 19 member grand jury.
Gressett, 23-year veteran prosecutor, is accused of taking the younger woman back to his Martinez home, and repeatedly raping and sodomizing her using the handle of an ice pick while threatening her with a small handgun. He faces four counts of sodomy by use of force; four counts of forcible sexual penetration; two counts of rape, and one count each of false imprisonment, oral copulation by force and criminal threats, with criminal enhancements for the use of the weapons.
His lawyers say the sex was consensual. They cite statements that colleagues claim Doe had made about an interest in sex with weapons, and in having sex with Gressett.
Prosecotors sought the grand jury indictment, which supercedes a previous 12 count indictment which Gressett plead not guilty to, because visiting Judge Carlos Ynostroza stated that the alleged victim would have to testify at a preliminary hearing under the original charges. With a grand jury indictment, the victim's testimony can wait until trial.
Defense attorneys say the move is designed to shield the victim from questions regareding conflicting statements made to family and friends. They also accuse the Contra Costa DA's office of waiting until the last minute to bring in the California AG's office for political purposes.
Gressett, who remains free on $1 million bail, will answer the new charges on november 2. He is currently appealing his firing from the Contra Costa DA's office.
Gressett, 23-year veteran prosecutor, is accused of taking the younger woman back to his Martinez home, and repeatedly raping and sodomizing her using the handle of an ice pick while threatening her with a small handgun. He faces four counts of sodomy by use of force; four counts of forcible sexual penetration; two counts of rape, and one count each of false imprisonment, oral copulation by force and criminal threats, with criminal enhancements for the use of the weapons.
His lawyers say the sex was consensual. They cite statements that colleagues claim Doe had made about an interest in sex with weapons, and in having sex with Gressett.
Prosecotors sought the grand jury indictment, which supercedes a previous 12 count indictment which Gressett plead not guilty to, because visiting Judge Carlos Ynostroza stated that the alleged victim would have to testify at a preliminary hearing under the original charges. With a grand jury indictment, the victim's testimony can wait until trial.
Defense attorneys say the move is designed to shield the victim from questions regareding conflicting statements made to family and friends. They also accuse the Contra Costa DA's office of waiting until the last minute to bring in the California AG's office for political purposes.
Gressett, who remains free on $1 million bail, will answer the new charges on november 2. He is currently appealing his firing from the Contra Costa DA's office.
Monday, October 19, 2009
Vancouver, WA teacher sentenced to 17 1/2 months for exploiting student
Clark County Superior Court Judge Roger Bennett sentenced former Vancouver (WA) Christian High School teacher to 17 1/2 months in prison for sexually abusing a 16 year old student he coached last Friday, October 16. The sentence was 2 1/2 months above the joint submission by the prosecution and defense. Judge Bennett did so because of 42 year old Richard Gail Parrett's position of trust and authority over the victim.
Parrett was originally charged with 4 counts of 1st degree sexual misconduct for a sexual relationship he had with a 16 year old student he had coached in basketball, track, and weightlifting. Two counts were dropped for Parrett's guilty plea of September 10. The sexual exploitation started in mid-January with flirty texts, and escalated into four sexual encounters, two in the victim's home and the other two in Parrett's SUV. All incidents took place in Vancouver, WA.
Before Friday's sentencing, she addressed the court, telling of the turmoil she'd endured in light of the case. She hurt her parents. She felt violated. And she's felt condemned at school since the news broke.
"My most prevalent emotion is confusion," she said, her voice wavering. "My innocence has been stolen and my virginity taken." Lastly, she had some words for Parrett. "I want him to know that I don't hate him," she said. "And I hope he finds forgiveness in Christ."
While Judge Bennett acknowledged the former teacher's remorse, he said that the consequences "go far beyond the people involved." In Washington, 1st degree sexual misconduct takes place when a teacher enters into a sexual relationship with a student above WA's AOC, which is 16. The law applies to high school students who happen to be legal adults after a revision earlier this year.
Parrett was originally charged with 4 counts of 1st degree sexual misconduct for a sexual relationship he had with a 16 year old student he had coached in basketball, track, and weightlifting. Two counts were dropped for Parrett's guilty plea of September 10. The sexual exploitation started in mid-January with flirty texts, and escalated into four sexual encounters, two in the victim's home and the other two in Parrett's SUV. All incidents took place in Vancouver, WA.
Before Friday's sentencing, she addressed the court, telling of the turmoil she'd endured in light of the case. She hurt her parents. She felt violated. And she's felt condemned at school since the news broke.
"My most prevalent emotion is confusion," she said, her voice wavering. "My innocence has been stolen and my virginity taken." Lastly, she had some words for Parrett. "I want him to know that I don't hate him," she said. "And I hope he finds forgiveness in Christ."
While Judge Bennett acknowledged the former teacher's remorse, he said that the consequences "go far beyond the people involved." In Washington, 1st degree sexual misconduct takes place when a teacher enters into a sexual relationship with a student above WA's AOC, which is 16. The law applies to high school students who happen to be legal adults after a revision earlier this year.
Sunday, October 18, 2009
Late 70's rapes linked to imprisoned Maryland rapist
A Maryland rapist imprisoned for life with the possibility of parole has been charged in the cold case rapes of four women which occured between 1977 and 1980. Timothy Joseph Buzbee, 52, was charged with the rapes after Maryland officials ran his DNA through a national database. Buzbee has been imprisoned for rapes which occured in 1981 and 1982.
According to Montgomery County police chief Thomas Manger, authorities credit the new charges to a commitment to bring violent criminals to justice.
"Those types of cases, the homicides, the unsolved rapes -- we never forget about them. We continuously run the evidence through the national database because there are new people added to that database all the time and we will continue to get hits in the future, to solve those types of cold cases."
If Busbee is convicted of any of the new charges, he can be sentenced to life without parole.
According to Montgomery County police chief Thomas Manger, authorities credit the new charges to a commitment to bring violent criminals to justice.
"Those types of cases, the homicides, the unsolved rapes -- we never forget about them. We continuously run the evidence through the national database because there are new people added to that database all the time and we will continue to get hits in the future, to solve those types of cold cases."
If Busbee is convicted of any of the new charges, he can be sentenced to life without parole.
Dental assisstant sentenced to 5 years in prison for fondling patient under anesthesia
A Frederick, MD dental assistant was sentenced to five years in prison and a lifetime of sex offender registration by Frederick County Circuit Court Judge G. Edward Dwyer for fondling a woman under anesthesia foe wisdom tooth removal. The April 22 assault by 37 year old Danilo Carabio Banados resulted in the victim waking up to find Banados fondling her under her clothes and kissing her. Maryland State Police Trooper First Class Gary Martin interviewed the suspect a week after the assault. Banados initally denied the assault, but three weeks later, admitted it under a polygraph.
Maryland sentencing guidlines called for a sentence of between probation and a year in jail, but Assistant State's Attorney Lindell K. Angel said that sentencing guidelines were inadequate because of the position of trust that was violated. "He took advantage ... the conduct was absolutely not consented to," Angel said.
Judge Dwyer said that "You violated (her) trust. Mr. Banados, you came in here at most with a minor record," Dwyer said. "Now you have two felonies that will follow you for life."
Banados told the woman and her husband, who attended his sentencing but made no victim impact statement, "I'm sorry for what I've done. I ask for their forgiveness."
Judge Dwyer suspended 15 years of a 20 year sentence with five years executed. 5 years of supervised probation were also imposed. If Banados refuses to complete mental health, sex offender treatment, or contact the victim or her family, then the suspended sentence of 15 years can be imposed.
Maryland sentencing guidlines called for a sentence of between probation and a year in jail, but Assistant State's Attorney Lindell K. Angel said that sentencing guidelines were inadequate because of the position of trust that was violated. "He took advantage ... the conduct was absolutely not consented to," Angel said.
Judge Dwyer said that "You violated (her) trust. Mr. Banados, you came in here at most with a minor record," Dwyer said. "Now you have two felonies that will follow you for life."
Banados told the woman and her husband, who attended his sentencing but made no victim impact statement, "I'm sorry for what I've done. I ask for their forgiveness."
Judge Dwyer suspended 15 years of a 20 year sentence with five years executed. 5 years of supervised probation were also imposed. If Banados refuses to complete mental health, sex offender treatment, or contact the victim or her family, then the suspended sentence of 15 years can be imposed.
Prosecutor intends to seek life without parole for three strikes felon convicted of rape
A convicted rapist and 3 time felon may be sentenced to up to life without parole for beating and raping a woman who gave him a ride from downtown Olympia, WA on April 12. After several hours of deliberation, a jury convicted Allan Robert Simmons, 23, of 1st degree rape and 2nd degree assault with sexual motivation. The 25 year old victim was punched repeatedly, resulting in a broken nose, two black eyes, and a gash on her nose requiring stitches.
The woman testified at trial that she had met Simmons for the first time on the night of the rape, as she was smoking a cigarette outside after attending a party in downtown Olympia near where she works. The pair talked for about an hour, and she agreed to give him a ride home. Skinder told the jury the woman “is a kind person that made the biggest mistake she could have possibly made when she gave this person a ride in her car.”
She testified that during the ride, Simmons began to give her the creeps, ranting about how much he hated his job at Taco Bell and giving her vague directions home in the area of Mullen Road without a specific address. They finally stopped at a location where he said he could be dropped off, and he asked for a hug. She said she complied, hoping he would leave, but he immediately punched her.
She said she attempted to fight back at first, but he continued to punch her in the face so she stopped. During the rape, she begged him not to kill her, she said. Skinder said in court, “She’s a brave person who did what she had to do to survive that day.”
Thurston County Sheriff’s Detective Chris Ivanovich interviewed Simmons at his workplace, a Taco Bell where a person similar to the suspect's description worked. Simmons initially claimed that he was with his girlfriend, but the girlfriend refused to lie for her man. The girlfriend said that Simmons claimed to be with friends the morning of the rape. Moreover, the girlfriend saw bloody clothes that Simmons said came from a fight, but actually came from the attack on the victim.
During the trial, Simmons' defense attorney Larry Simmons said that the sex between his client and the victim was consensual, with the woman attacking Simmons because she was upset she cheated on her boyfriend. Deputy Prosecuting Attorney John Skinder rebutted that insinuation be showing pictures of the victim's injuries and contracting his 6' 5", 210 pound frame to her diminutive stature. “This person is an extremely manipulative coward who used his strength and size to beat and pulverize a young person who was kind enough to give him a ride,” Skinder said in his closing argument.
Skinder intends to seek life without parole for Simmons at his sentencing, currently scheduled for November 19. Simmons may be eligible for "three strikes" because of two previous felony convictions in Illinois.
The woman testified at trial that she had met Simmons for the first time on the night of the rape, as she was smoking a cigarette outside after attending a party in downtown Olympia near where she works. The pair talked for about an hour, and she agreed to give him a ride home. Skinder told the jury the woman “is a kind person that made the biggest mistake she could have possibly made when she gave this person a ride in her car.”
She testified that during the ride, Simmons began to give her the creeps, ranting about how much he hated his job at Taco Bell and giving her vague directions home in the area of Mullen Road without a specific address. They finally stopped at a location where he said he could be dropped off, and he asked for a hug. She said she complied, hoping he would leave, but he immediately punched her.
She said she attempted to fight back at first, but he continued to punch her in the face so she stopped. During the rape, she begged him not to kill her, she said. Skinder said in court, “She’s a brave person who did what she had to do to survive that day.”
Thurston County Sheriff’s Detective Chris Ivanovich interviewed Simmons at his workplace, a Taco Bell where a person similar to the suspect's description worked. Simmons initially claimed that he was with his girlfriend, but the girlfriend refused to lie for her man. The girlfriend said that Simmons claimed to be with friends the morning of the rape. Moreover, the girlfriend saw bloody clothes that Simmons said came from a fight, but actually came from the attack on the victim.
During the trial, Simmons' defense attorney Larry Simmons said that the sex between his client and the victim was consensual, with the woman attacking Simmons because she was upset she cheated on her boyfriend. Deputy Prosecuting Attorney John Skinder rebutted that insinuation be showing pictures of the victim's injuries and contracting his 6' 5", 210 pound frame to her diminutive stature. “This person is an extremely manipulative coward who used his strength and size to beat and pulverize a young person who was kind enough to give him a ride,” Skinder said in his closing argument.
Skinder intends to seek life without parole for Simmons at his sentencing, currently scheduled for November 19. Simmons may be eligible for "three strikes" because of two previous felony convictions in Illinois.
Deborah King - incest survivors need to speak up to begin healing
The recent revelation by Mackenzie King of incest by her father on the Oprah show led to a second Oprah show about incest. Deborah King, a Huffington Post columnist, shares her story of sexual abuse by her father between 2 and 13 and states that healing is possible when survivors tell their stories. An excerpt is below.
When a victim refuses to be silenced, speaking up can heal much of the damage from the abuse. Until then, they often continue to deal with substance abuse, ill-health, promiscuity, depression, anxiety, and a host of other emotional and physical problems. Being able to speak your truth is an important part of the healing process from any trauma--and incest is a traumatic event, whether it's a one-time rape or an ongoing 30-year "relationship."
Deborah King is the Huffington Post's health and wellness columnist.
When a victim refuses to be silenced, speaking up can heal much of the damage from the abuse. Until then, they often continue to deal with substance abuse, ill-health, promiscuity, depression, anxiety, and a host of other emotional and physical problems. Being able to speak your truth is an important part of the healing process from any trauma--and incest is a traumatic event, whether it's a one-time rape or an ongoing 30-year "relationship."
Deborah King is the Huffington Post's health and wellness columnist.
Yakima, WA teacher who allegedly seduced 16 year old student makes 1st court appearance
A teacher charged with sexual contact with a 16 year old student was oficially arraigned Friday on 1st degree sexual misconduct charges. Michele Taylor, a 13 year old Yakima, WA PE teacher, appeared in Yakima County Superior Court to say that she understood the charges against her. Judge Michael McCarthy also heard arguments arguing that the standard no contact with children order needed to be amended. Judge McCarthy said that the order did not apply to the defendant's three 5 year old triplets, while letting Taylor remain out of bond under her own recognisance.
Taylor, a physical education teacher at East Valley High School since 2004, is charged with first-degree sexual misconduct for allegedly having sex with a 16-year-old male student in the back of her truck outside the Yakima Kmart store.
Her husband, Kevin Taylor, is also a physical education teacher in the East Valley School District.
Although the age of consent in Washington is 16, sexual contact with students 16 or older is considered misconduct, rather than rape, under state law.
Taylor is also charged with two counts of communicating with a minor for immoral purposes. Authorities allege she exchanged more than 400 text messages with the 16-year-old and a 15-year-old student between March and June.
Taylor, whose case has sparked complaints about double standards, was placed on paid leave in June after school officials learned of the allegations and informed the Yakima County Sheriff's Office.
Aoocrding to her supporters, her case was sensantionalized because she was a woman who allegedly "seduced" a male student, while detractors pointed out that she would not been allowed to turn herself in if she had been a man.
The criminal allegations against Taylor also translates into administrative discipline. The East Valley School District will give her an opportunity to answer the allegations, then "After that, we will be prepared to give her a probable cause letter, which starts the dismissal process," [East Valley attorney Michael]Patterson said.
Taylor, a physical education teacher at East Valley High School since 2004, is charged with first-degree sexual misconduct for allegedly having sex with a 16-year-old male student in the back of her truck outside the Yakima Kmart store.
Her husband, Kevin Taylor, is also a physical education teacher in the East Valley School District.
Although the age of consent in Washington is 16, sexual contact with students 16 or older is considered misconduct, rather than rape, under state law.
Taylor is also charged with two counts of communicating with a minor for immoral purposes. Authorities allege she exchanged more than 400 text messages with the 16-year-old and a 15-year-old student between March and June.
Taylor, whose case has sparked complaints about double standards, was placed on paid leave in June after school officials learned of the allegations and informed the Yakima County Sheriff's Office.
Aoocrding to her supporters, her case was sensantionalized because she was a woman who allegedly "seduced" a male student, while detractors pointed out that she would not been allowed to turn herself in if she had been a man.
The criminal allegations against Taylor also translates into administrative discipline. The East Valley School District will give her an opportunity to answer the allegations, then "After that, we will be prepared to give her a probable cause letter, which starts the dismissal process," [East Valley attorney Michael]Patterson said.
Saturday, October 17, 2009
Attacker of woman sentenced to life without parole
A guy who kidnapped and raped his "girlfriend" before she escaped was sentenced to life without parole Friday for sexual battery with a deadly weapon, witness tampering, and kidnapping. Arthur Jones III, 28, was sentenced to mandatory life without parole as a prison release reoffender by Pinellas County Circuit Judge Michael Andrews yesterday. Prison release reoffenders are criminals who have comitted certain crimes within 3 years of prison release.
The charges stem from an attack which began around 4 AM on August 26, 2007 in Tarpon Springs. Jones threw a propane tank through the victim, his "girlfriend's" plate glass window, shattering it. Jones then kidnapped the victim, and tried to rape her in a black SUV in Pasco County on a deserted roadway. After he checked into a Port Richey hotel, he finally suceeded in violating the victim.
After the rape, Jones drove the victim back to her home, where she bailed out. Jones tried to run her over twice, once in her driveway. During the ordeal, Jones had a gun.
As Tarpon Springs police officers arrived on the scene, Jones took off. Police said he tried to hit an officer in a squad car and then swerved at another officer who had ordered him to halt. As it headed east on Keystone Drive, the SUV inexplicably caught fire.
Jones leapt out as it crashed into an embankment, then ran away. Police dogs tracked him to the edge of a lake north of Keystone and east of Highland Avenue, but he was not found. Authorities located him two months later in Suwannee County.
Stanton presented DNA evidence from the rape during the trial, and the woman, 33, testified about her ordeal.
Amazingly, just before sentencing, Jones told his victim that he cared about her. He also tried to excuse his conduct. "I'm not necessarily a bad person. I've made some bad choices in my life. I've learned a lot."
Jones has other criminal charges pending in both Pinellas and Pasco counties, but any conviction won't increase his sentence - in Florida, life sentences are life without parole in all cases.
The charges stem from an attack which began around 4 AM on August 26, 2007 in Tarpon Springs. Jones threw a propane tank through the victim, his "girlfriend's" plate glass window, shattering it. Jones then kidnapped the victim, and tried to rape her in a black SUV in Pasco County on a deserted roadway. After he checked into a Port Richey hotel, he finally suceeded in violating the victim.
After the rape, Jones drove the victim back to her home, where she bailed out. Jones tried to run her over twice, once in her driveway. During the ordeal, Jones had a gun.
As Tarpon Springs police officers arrived on the scene, Jones took off. Police said he tried to hit an officer in a squad car and then swerved at another officer who had ordered him to halt. As it headed east on Keystone Drive, the SUV inexplicably caught fire.
Jones leapt out as it crashed into an embankment, then ran away. Police dogs tracked him to the edge of a lake north of Keystone and east of Highland Avenue, but he was not found. Authorities located him two months later in Suwannee County.
Stanton presented DNA evidence from the rape during the trial, and the woman, 33, testified about her ordeal.
Amazingly, just before sentencing, Jones told his victim that he cared about her. He also tried to excuse his conduct. "I'm not necessarily a bad person. I've made some bad choices in my life. I've learned a lot."
Jones has other criminal charges pending in both Pinellas and Pasco counties, but any conviction won't increase his sentence - in Florida, life sentences are life without parole in all cases.
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