A woman who murdered her husband was sentenced to life without parole by a Michigan judge Monday, February 8. Linda Kay Stermer, 45, was found guilty by a Van Buren County circuit court jury of 1st degree and felony murder. On Jan. 7, 2007, Sterner set fire to the house she shared with her husband and sons. Her husband was incapacitated by the perpetrator by either medicine or a hit upside the head, according to prosecution witnesses.
Todd Stermer, 42, made it out of the house, according to testimony, but was run over by a van driven by his wife and died shortly after emergency personnel arrived.
Michigan State Police investigators testified during the five-day trial that the fire at the residence in the 66500 block of County Road 215 was deliberately set. Forensic laboratory specialists said Todd Stermer’s clothing had gasoline on them and a gas station employee testified to seeing Linda Stermer purchased gasoline that she dispensed into a container earlier on the day of the fire.
There was testimony linking Linda Stermer to another man, that she and Todd Stermer had been arguing and that she had sent their boys to a Kalamazoo mall on the day of the fire.
Even after her conviction and sentencing, Linda still claimed innocence. “I didn’t set the fire. I did not kill my husband. And at this point, I fully believe that it was not arson, either.”
Brad Sterner, the victim's brother, shot back, saying “The jury didn’t get it wrong, Linda. They got it right. When you go to prison, we will be relieved that his children will be safe and you’ll never hurt anyone again."
Helping those kids become productive adults will be part of Sandra Stermer's job. She thanked prosecutors for speaking for her. “I hadn’t thought about standing up to speak. The police, the prosecutors, the jury got it right. They spoke for me.”
Thursday, February 11, 2010
Cedar Rapids man sentenced to 30 years prison, lifetime parole for rape, beating of wife
A Cedar Rapids, IA man was sentenced Friday, February 5, to 30 years in prison and lifetime parole for the rape of his then-wife. Shawn Kruse, 32, pled no contest to second-degree kidnapping, second-degree sexual abuse, assault while participating in a felony, going armed with intent and eluding charges for the attack last December. Kruse must serve 17 1/2 years on the abuse and kidnaping charges before being eligible for parole.
The assault began after Kruse grabbed and choked his now ex-wife, forcing her into their basement. According to the victim impact statement Kruse's ex-wife read, he then beat, gagged, raped, and then stomped on her pubic bone.
She said the only reason her torture that lasted for hours stopped is because he left the house to get a shotgun, so he could kill them both.
Before he left, he piled a sofa and an ottoman on top of her, so she couldn’t escaped. Once he left, she loosened the tape around her wrists and the belt around her legs and got out from under the furniture to get to her cell phone and call her mother. She first called 911 but she had the gag on her mouth and the dispatcher hung up on her because she couldn’t understand her.
In the meantime, Kruse came back to the house but when he saw police he turned around. Police later found him and he led them on a high speed chase on Highway 30 before crashing his car into a ditch. Kruse remains paralyzed from the waist down.
In Linn County District Court, he apologized to his family and friends, and his now ex-wife's family and friends. The victim still has nightmares and can't catch her breath due to the attack.
The assault began after Kruse grabbed and choked his now ex-wife, forcing her into their basement. According to the victim impact statement Kruse's ex-wife read, he then beat, gagged, raped, and then stomped on her pubic bone.
She said the only reason her torture that lasted for hours stopped is because he left the house to get a shotgun, so he could kill them both.
Before he left, he piled a sofa and an ottoman on top of her, so she couldn’t escaped. Once he left, she loosened the tape around her wrists and the belt around her legs and got out from under the furniture to get to her cell phone and call her mother. She first called 911 but she had the gag on her mouth and the dispatcher hung up on her because she couldn’t understand her.
In the meantime, Kruse came back to the house but when he saw police he turned around. Police later found him and he led them on a high speed chase on Highway 30 before crashing his car into a ditch. Kruse remains paralyzed from the waist down.
In Linn County District Court, he apologized to his family and friends, and his now ex-wife's family and friends. The victim still has nightmares and can't catch her breath due to the attack.
Queens, NY pimp sentenced to 25 to life for sexual slavery of woman
A Queens pimp who forced a 19 year old woman into prostitution was sentenced to 25 years to life in prison yesterday for coercing a 19 year old homeless, vulnerable woman into sexual slavery. 32 year old David Brown "paid" $2000 for the victim, who he took nude photos of, pimped her online, and made between $60 and $200 off of her while she was forced to have sex with 30 men over 12 days in August 2008.
He weas the 1st person charged under New York's sex trafficing law, enacted by former governor Eliot Spitzer in 2007. Brown was convicted of that charge, along with kidnapping and other charges.
Sentencing judge, Queens Supreme Court Justice Michael Aloise, told Brown. "You are a con man of the first order. I'm going to do my best to insure that you never see the light of day again."
Brown blamed his ex-"girlfriend" for his predicament.
I did not do the crime," Brown said. "This was straight jealousy from an old girlfriend that I left. I never touched [the victim]. I never kidnapped her."
He weas the 1st person charged under New York's sex trafficing law, enacted by former governor Eliot Spitzer in 2007. Brown was convicted of that charge, along with kidnapping and other charges.
Sentencing judge, Queens Supreme Court Justice Michael Aloise, told Brown. "You are a con man of the first order. I'm going to do my best to insure that you never see the light of day again."
Brown blamed his ex-"girlfriend" for his predicament.
I did not do the crime," Brown said. "This was straight jealousy from an old girlfriend that I left. I never touched [the victim]. I never kidnapped her."
Tuesday, February 9, 2010
Suburban Toledo man gets 40 years for rape of estranged wife during standoff
The convictions stem from an incident April 28 in which he held his victim hostage for several hours during a standoff with police that shut down a local retirement village and schools in the area.
Nine witnesses testified during the trial, including Swiergosz's ex-wife and Swiergosz himself. The evidence showed that Swiergosz armed himself with a stolen 9mm pistol and went to the Sunset Retirement Communities on Indian Road where his then-estranged wife was employed.
About 50 police officers responded to the scene, and Swiergosz kept them at bay for about six hours. He released his ex-wife after more than five hours and gave himself up about 30 minutes later.
During the trial, Swiergosz said that the purpose of his entry onto his estranged wife's workplace was to get answers to a long list of questions, and a desire to be with his kids. He admitted that he brought the gun with him and had sex, but claimed the gun was there as a prop and the sex was consensual.
Before sentencing, he said, "I lived my life as a good person and a faithful husband and a good father for 46+ years. I let all of what happened get the best of me. For that I am truly sorry. All I want is for the opportunity to be a father again."
The victim said she still has images of blood dripping down her body as her now ex-husband raped and was threatening to kill her.
The Swiergosz's were married for 14 years before the attack last year. Their four kids are 17, 12, 8 and 1. On March 10, 2009, police were called to their home for a domestic violence incident which turned into a standoff. This incident started as an argument and escalated after he fired twice at Barbara, who escaped. Their 7 year old daughter witnessed the incident in a van. Barbara left and took the kids with her after the first standoff. Judge Alan Mayberry of Wood County Common Pleas Court sentenced Sweirgosz to seven years for the standoff, inculding a year in a plea to burglary of the gun used in the April 28 incident from an acquaintance's home. Judge Denise Ann Dart's sentence will run consecutive to Judge Mayberry's sentence.
Judge Dart told the perpetrator, "It's clear you are very disturbed," and said that he had no regard for his kids only for himself.
Prosecutor Dean Mandrose said, "I think the judge recognized that he has an obsession - fixation on his ex-wife and that he twice subjected her to very traumatic incidents where she was physically injured." The victim said she still has images of blood dripping down her body as her now ex-husband raped and was threatening to kill her.
Swiergosz plans to appeal. If he gets out (highly unlikely because Ohio sentences have no good time reductions), he must register for the rest of his life as a Tier 3 sex offender.
Monday, February 8, 2010
Sunday School teacher stabbed to death outside of Wal-Mart - convicted sex offender suspect
A registered sex offender with a long criminal history in Arkansas was arrested outside his Oklahoma City trailer Saturday, February 6 and charged with the 1st degree murder of a 26 year old Sunday School teacher. Family members said that the victim, Nelly Pelts, made a habit of shopping lat at night inside the Del City Wal-Mart, all the while, witnessing and telling folks about her church, located next to the murder scene.
This habit turned tragic when Platts met James Allen O'Berry, 53, around 12:20 AM Saturday. The video shows O'Berry approaching Pelts and them leaving the store parking lot at 12:35 AM. According to O'Berry, they went outside of their cars then left with her. Next thing, according to O'Berry, he "blacked out" and at around 12:50 AM Saturday, O'Berry stabbed the woman to death and struck her with his car. He was later found inside his Oklahoma City mobile home.
James Allen O'Berry, 53, was taken into custody late Saturday evening after surveillance video from the Del City Walmart was aired on several local television stations and two separate tipsters called with O'Berry's name and address.
When detectives and officers from Midwest City and Oklahoma City Police Department arrived at O'Berry's mobile home, 2401 SE 44th, Lot No. 50 in Oklahoma City, his 1997 Lincoln Towne car was parked outside.
The car matched the description given by the witness who saw the attack and also had damage to the left front and driver's side rear view mirror. Evidence gathered at the murder scene from the suspect's car was linked to O'Berry's Lincoln. The car also had blood inside.
Investigators recovered O'Berry's clothing which had been discarded and dumped in a trash bin near I-35 and SW 44th Street.
Search warrants have been conducted on O'Berry's home and car in which additional evidence has been recovered. O'Berry had changed his appearance by cutting his hair and also suffered a laceration to his left arm during the attack which required medical treatment prior to him being jailed.
Del City Police Chief Brandon Clabes' statement is below.
We are extremely grateful to Walmart for providing photos of our suspect, to the media for airing those almost instantaneously, and to our tipsters who called in which lead to O'Berry's identification .A tremendous amount of manpower was allocated to solve this brutal homicide, and everyone worked tirelessly for justice. You have a young, innocent woman who devotes her life to her faith and because of this, becomes targeted by a sexual predator and ultimately killed. Basically within a time span of twenty minutes, James O'Berry tracked his prey and viciously killed her.
Brian Bates, the "Video Vigilante" who prevents johns from picking up prostitutes on a particular stretch of Oklahoma City highway, said that O'Berry tried to assault him, and heard from people who knew the convict after posting the video online. "All of those emails came with a warning he's a very violent man," Bates said.
Bates said he filed a complaint with the police department. But in the meantime, he tried to prevent O'Berry from soliciting prostitutes.
"My only fear is since the police didn't act on my video and didn't charge this guy with some sort of probation violation, he was then allowed to perpetrate this murder," Bates said.
District Attorney David Prate said he's been in contact with Brian Bates about the complaint he filed at the police department. Prater said he's trying to find out what happened and if O'Berry's probation could have been revoked, which may have prevented the murder of Nelly Pelts.
The Midwest City police department is currently holding O'Berry on a 1st degree murder complaint and is questioning him to see if more crimes can be traced to him.
Besides this case, O'Berry is named as a suspect in two other Oklahoma City police cases. In one, a 26 year old women complained that she started to be stalked after O'Bery met her at her southeast Oklahoma City church. A second woman alleges that as a police impersonator, O'Berry pulled her over in her car and raped her.
Kansas city metro man faces death penalty for strangling wife, killing baby
A suburban Kansas City, KS man faces either the rest of his life in prison or the death penalty for killing his wife, then dumping her body along the side of the road. Jason Cott, 30, of Overland Park, KS, was charged with capital murder for strangling his wife, and killing their unborn child. Capital murder carries life without parole or the death penalty. Johnson County prosecutors also have the option of filing two 1st degree murder charges, which carry a minimum sentence of 50 years without parole.
On Jan. 20, authorities found the body of Angela Cott, 29, along U.S. 69 in Miami County but soon transferred the case to Lenexa police. They said they believed she was killed at the Knights Inn, 9630 Rosehill Road.
The capital charge is possible because of what is known as Alexa’s Law, passed three years ago. The Kansas law makes it a crime to kill or wound an unborn child during an attack on the mother. The law is similar to federal law signed in 2004. It was passed after Scott Peterson killed his wife, Laci, and her unborn son in California.
This is the second time the Kansas law has been used in Johnson County. The first time this charge was used was when Brandon Reed killed his "girlfriend," Christina Osburn, in her Shawnee KS apartment. He was sentenced to life without parole last year.
On Jan. 20, authorities found the body of Angela Cott, 29, along U.S. 69 in Miami County but soon transferred the case to Lenexa police. They said they believed she was killed at the Knights Inn, 9630 Rosehill Road.
The capital charge is possible because of what is known as Alexa’s Law, passed three years ago. The Kansas law makes it a crime to kill or wound an unborn child during an attack on the mother. The law is similar to federal law signed in 2004. It was passed after Scott Peterson killed his wife, Laci, and her unborn son in California.
This is the second time the Kansas law has been used in Johnson County. The first time this charge was used was when Brandon Reed killed his "girlfriend," Christina Osburn, in her Shawnee KS apartment. He was sentenced to life without parole last year.
New Britain, CT woman files restraining order 8 days before murder, allegedly by husband
A Connecticut mother of 3's restraining order, dated January 27, paints a grim picture of events leading up to her February 4 death, allegedly by her husband. In it, 30 year old Dia Palafox made allegations against her husband on about a year, 32 year old Juan Palafox, saying that he threatened to kill her and take her kids to Mexico.
The victim's mother found her daughter on the floor of the younger couple's New Britain home. The children, 6, 5 and 2, werein the house but unaware of what had happened. The Connecticut Medical Examiner's Office ruled Dia Palafox's death a murder by multiple stab wounds.
The restraining order filed last week paints grim a picture of the couple's last month together, which, according to court documents, was colored by physical and verbal abuse.
"My husband was drinking. He punched me in the face. Took me by the hair and hit my head twice on the bathtub. He also grabbed scissors and threatened to kill me," Dia Palafox wrote of the incidents that unfolded on Jan. 16.
The abuse also was sexual, she writes. Juan Palafox "forced himself on me for sex. I said 'no' numerous times," Dia wrote of an attack on Jan. 1. "He said I'm his wife and it's not rape."
She also went to a friend's house more than once in January, in fear of her life. During one of those trips, Juan showed up yelling at her to "get out of the car or he will hurt me," Dia wrote. "The children witnessed this."
On the last date listed in court papers, Jan. 27, Dia describes coming home from work and being met with verbal accusations that she was having an affair. A friend she was speaking with over the phone called police.
Throughout their last few weeks together, Juan harassed Dia "on a daily basis," she wrote, "stating that he will take my kids to Mexico and I will never see them again."
Juan Palafox was pulled over in North Carolina for speeding, and is on his way to being extradited back to Connecticut. This was not the first time that he had been violent towards his victims. in 2002, his pregnant 23 year old girlfriend was threatened with a knife, though the records surrounding the case are sealed.
The Hartford Courant has more coverage about DV, including two women's experiences with teen dating violence.
The victim's mother found her daughter on the floor of the younger couple's New Britain home. The children, 6, 5 and 2, werein the house but unaware of what had happened. The Connecticut Medical Examiner's Office ruled Dia Palafox's death a murder by multiple stab wounds.
The restraining order filed last week paints grim a picture of the couple's last month together, which, according to court documents, was colored by physical and verbal abuse.
"My husband was drinking. He punched me in the face. Took me by the hair and hit my head twice on the bathtub. He also grabbed scissors and threatened to kill me," Dia Palafox wrote of the incidents that unfolded on Jan. 16.
The abuse also was sexual, she writes. Juan Palafox "forced himself on me for sex. I said 'no' numerous times," Dia wrote of an attack on Jan. 1. "He said I'm his wife and it's not rape."
She also went to a friend's house more than once in January, in fear of her life. During one of those trips, Juan showed up yelling at her to "get out of the car or he will hurt me," Dia wrote. "The children witnessed this."
On the last date listed in court papers, Jan. 27, Dia describes coming home from work and being met with verbal accusations that she was having an affair. A friend she was speaking with over the phone called police.
Throughout their last few weeks together, Juan harassed Dia "on a daily basis," she wrote, "stating that he will take my kids to Mexico and I will never see them again."
Juan Palafox was pulled over in North Carolina for speeding, and is on his way to being extradited back to Connecticut. This was not the first time that he had been violent towards his victims. in 2002, his pregnant 23 year old girlfriend was threatened with a knife, though the records surrounding the case are sealed.
The Hartford Courant has more coverage about DV, including two women's experiences with teen dating violence.
Sunday, February 7, 2010
Wife sentenced to decade for poison, hitman attempt on husband
A Galion, OH woman was sentenced to 10 years in the Ohio prison system Monday, February 2, 2010 for the attempted murder of her husband last year. Kathleen Wirick formally pled guilty to conspiracy to commit aggravated murder and attempted aggravated murder in front of Court of Common Pleas Judge Russ Wiseman. According to prosecutor Cliff Murphy, the victim supported the outcome.
During the plea/sentencing hearing, Wirick was visibly shaking and crying as she admitted that between May 1 and June 18 of 2009, she did commit the crimes of which she is accused.
The attempted aggravated murder charge refers to an attempt Wirick made to poison her husband, Brad, using Ajax sprinkled in his coffee — an attempt Wirick claimed to have thought better of, dumping the coffee before serving it to her husband.
Wirick’s conspiracy conviction stems from her calling a friend and asking if the friend knew a “hitman.”
Murphy informed the press that Chris Hydinger from the sheriff’s office worked with the Bureau of Criminal Identification and Investigation, to place an agent posing as a hitman on the case.
Wirick and her estranged husband have two children, one of whom is a minor.
Both counts will be served concurrently. Besides prison, served at 100% in Ohio, Kathleen will be fined $250 plus court costs and must serve at least a year of post release control.
During the plea/sentencing hearing, Wirick was visibly shaking and crying as she admitted that between May 1 and June 18 of 2009, she did commit the crimes of which she is accused.
The attempted aggravated murder charge refers to an attempt Wirick made to poison her husband, Brad, using Ajax sprinkled in his coffee — an attempt Wirick claimed to have thought better of, dumping the coffee before serving it to her husband.
Wirick’s conspiracy conviction stems from her calling a friend and asking if the friend knew a “hitman.”
Murphy informed the press that Chris Hydinger from the sheriff’s office worked with the Bureau of Criminal Identification and Investigation, to place an agent posing as a hitman on the case.
Wirick and her estranged husband have two children, one of whom is a minor.
Both counts will be served concurrently. Besides prison, served at 100% in Ohio, Kathleen will be fined $250 plus court costs and must serve at least a year of post release control.
Saturday, February 6, 2010
Formerly committed serial rapist almost strikes again - sentenced to at least 20 years
(Original Post 10-25-09)
A serial rapist, confined at a state mental hospital after convictions of five rapes in the 1970's, was arrested for trying to rape a jogger at a Massachusetts state park September 28. Fifty-one year old Scott Gagnon, of Tewksbury, will be arraigned in Salem Superior Court for attempted rape and indecent assault and battery. Gagnon faces life in prison for the new charges, and is being held without bond as a danger to women.
The indictments, which were expected, were handed up late Wednesday by an Essex County grand jury. They move the case out of Ipswich District Court. Prosecutor Gerald Shea said he expects Gagnon to be rearraigned in Salem Superior Court within the next several weeks.
Gagnon was arrested on Sept. 28 after a woman jogging at the Sandy Point State Reservation at the southern tip of Plum Island reported that she was grabbed from behind and thrown to the ground. The woman managed to escape her attacker's grasp and ran, flagging down two men, who then drove her to a security gate to report the incident. Gagnon was found in a truck a short time later.
Gagnon was released from Bridgewater State Hospital in 2007 after being committed there in 1980 for the 70's rapes. Experts pronounced him "cured" even though Gagnon admitted to 20 other rapes before institutionalization. Only a week before the rape attempt, Gagnon, along with 40 other men, was busted in a john sting held by Haverhill, MA police, and released after paying a $500 fine.
(Update 2-6-10) Gagnon was sentenced to 20 to 25 years in prison for the rape attempt last fall by Judge John Lu. The sentencing took place Thursday, February 4, just after he took a plea deal on attempted rape and indecent assault and battery charges. Gangon will spend 20 years on probation and lifetime community supervision if he's released from prison. Ironically, Gagnon's minimum sentence is longer than it would have been if he was sentenced to life under Massachusetts law.
More details about that attempt are posted below. He can still be designated a sexually violent predator at the conclusion of his sentence.
Prosecutor Gerald Shea described to the judge the details of what happened on the afternoon of Sept. 28 at the Parker River National Wildlife Refuge, a seven-mile stretch of wilderness with hiking trails and beaches that stretches from Newbury to Ipswich.
The woman had gone to the southern end of the island, and was on the beach at the Sandy Point State Reservation in Ipswich when she first noticed Gagnon.
He stood out because of his attire, dressed more like a construction worker than a typical visitor to the refuge, Shea said. As he walked around, he was making her uncomfortable, Shea said. She realized that he was watching her.
So the woman went into a bathroom and changed into some running clothes, then started jogging on the wet sand. As she looked over her shoulder, she quickly realized that Gagnon was following behind her.
After a while Gagnon moved up toward the road and seemed to disappear. The woman kept running, about two miles, Shea said. Then, suddenly, Gagnon appeared again, trying to start a conversation. He asked her about the temperature of the water. She kept running.
Moments later, she felt someone come up fast behind her. Gagnon grabbed her around the chest and threw her to the ground. The woman screamed and resisted as waves of water broke over them. She was able to break away and began running. Gagnon ran, too, in the opposite direction.
A father and his daughter who were planning to spend the afternoon surfcasting on the island happened to drive by and the woman flagged them down, Shea said. That driver, Jeffrey Shaw, told police that the woman was "terrified." He called for help and drove her to the main gate of the refuge, where police were waiting.
Meanwhile, a U.S. Fish and Wildlife officer at the parking lot at the end of the island had spotted and detained Gagnon. Gagnon claimed he'd been jogging on the beach, and the woman was "in his way," so he "just grabbed her to move her out of his way."
Carol Cahill, Gagnon's atorney, said that "Mr. Gagnon, in all likelihood, is never going to be free again."
A serial rapist, confined at a state mental hospital after convictions of five rapes in the 1970's, was arrested for trying to rape a jogger at a Massachusetts state park September 28. Fifty-one year old Scott Gagnon, of Tewksbury, will be arraigned in Salem Superior Court for attempted rape and indecent assault and battery. Gagnon faces life in prison for the new charges, and is being held without bond as a danger to women.
The indictments, which were expected, were handed up late Wednesday by an Essex County grand jury. They move the case out of Ipswich District Court. Prosecutor Gerald Shea said he expects Gagnon to be rearraigned in Salem Superior Court within the next several weeks.
Gagnon was arrested on Sept. 28 after a woman jogging at the Sandy Point State Reservation at the southern tip of Plum Island reported that she was grabbed from behind and thrown to the ground. The woman managed to escape her attacker's grasp and ran, flagging down two men, who then drove her to a security gate to report the incident. Gagnon was found in a truck a short time later.
Gagnon was released from Bridgewater State Hospital in 2007 after being committed there in 1980 for the 70's rapes. Experts pronounced him "cured" even though Gagnon admitted to 20 other rapes before institutionalization. Only a week before the rape attempt, Gagnon, along with 40 other men, was busted in a john sting held by Haverhill, MA police, and released after paying a $500 fine.
(Update 2-6-10) Gagnon was sentenced to 20 to 25 years in prison for the rape attempt last fall by Judge John Lu. The sentencing took place Thursday, February 4, just after he took a plea deal on attempted rape and indecent assault and battery charges. Gangon will spend 20 years on probation and lifetime community supervision if he's released from prison. Ironically, Gagnon's minimum sentence is longer than it would have been if he was sentenced to life under Massachusetts law.
More details about that attempt are posted below. He can still be designated a sexually violent predator at the conclusion of his sentence.
Prosecutor Gerald Shea described to the judge the details of what happened on the afternoon of Sept. 28 at the Parker River National Wildlife Refuge, a seven-mile stretch of wilderness with hiking trails and beaches that stretches from Newbury to Ipswich.
The woman had gone to the southern end of the island, and was on the beach at the Sandy Point State Reservation in Ipswich when she first noticed Gagnon.
He stood out because of his attire, dressed more like a construction worker than a typical visitor to the refuge, Shea said. As he walked around, he was making her uncomfortable, Shea said. She realized that he was watching her.
So the woman went into a bathroom and changed into some running clothes, then started jogging on the wet sand. As she looked over her shoulder, she quickly realized that Gagnon was following behind her.
After a while Gagnon moved up toward the road and seemed to disappear. The woman kept running, about two miles, Shea said. Then, suddenly, Gagnon appeared again, trying to start a conversation. He asked her about the temperature of the water. She kept running.
Moments later, she felt someone come up fast behind her. Gagnon grabbed her around the chest and threw her to the ground. The woman screamed and resisted as waves of water broke over them. She was able to break away and began running. Gagnon ran, too, in the opposite direction.
A father and his daughter who were planning to spend the afternoon surfcasting on the island happened to drive by and the woman flagged them down, Shea said. That driver, Jeffrey Shaw, told police that the woman was "terrified." He called for help and drove her to the main gate of the refuge, where police were waiting.
Meanwhile, a U.S. Fish and Wildlife officer at the parking lot at the end of the island had spotted and detained Gagnon. Gagnon claimed he'd been jogging on the beach, and the woman was "in his way," so he "just grabbed her to move her out of his way."
Carol Cahill, Gagnon's atorney, said that "Mr. Gagnon, in all likelihood, is never going to be free again."
Female teacher caught with 16 year old student sentenced to 5 months jail, decade of probation
Melissa Diana Koehn, a 30 year old teacher, was charged with 4th degree criminal sexual conduct by the Dakota County Attorney's Office Tuesday. The West St. Paul St. Croix Lutheran High School social studies teacher was booked Sunday and charged Tuesday with 3 counts of CSC. Koehn was released on $10,000 bail after undergoing a hearing under Judge Mary Theisen.
Under Minnesota law, a person as young as 16 is old enough to consent to a sexual relationship. The law, however, prohibits a teacher, coach or person in a position of authority over a young person to have sexual contact with someone age 16 or 17.
This is the sixth time in 10 years that a teacher or coach in Dakota County has been charged with criminal sexual contact involving a student, said Dakota County Attorney James Backstrom.
An Apple Valley police officer investigating a suspicious vehicle on December 20 found Koehn and the victim kissing. The teenage girl was still wearing her school jacket, and the officer turned the teen over to her parents while a detective investigated the case.
Koehn taught and coached the girl during the 2007-8 school year, and stayed in the girl's bedroom after taking a leave of absence from the school for professional development. The victim and Koehn began going to movies and shopping, with the parents of the victim letting the woman slep over at their daughter's room on occasion. Koehn's permanent address is in Kenosha, WI.
Koehn acknowledged taking part in some sexual encounters in that bedroom. The AOC in Minnesota is 16, but increases to 18 when a teacher, coach or other person in a position of authority has a relationship with a teen.
She also acknowledged she still "exercised some authority" over the student, according to charges. When interviewed by police, the student referred to her as "Ms. Koehn."
This is the sixth time in 10 years that a teacher or coach in Dakota County has been charged with criminal sexual contact involving a student, said Dakota County Attorney James Backstrom.
Koehn made her initial court appearance [December 23] morning before Judge Mary Theisen, who set bail at $50,000 or $10,000 with conditions. Koehn's next court appearance is scheduled for Feb. 9 in Hastings.
Gene Pfeifer, president of St. Croix Lutheran, said that Koehn taught 10th and 11th grade social studies and coached girls junior varsity basketball for the past 7 years. He also said that the did not know about the sexual misconduct, and that "We don't condone any type of activity like this on the part of any employee or past employee of the school. We are cooperating with the authorities in their investigation."
(Update 11-21-09) After a two day trial and 3 1/2 hours of deliberation, a Dakota County jury has found Koehn guilty of three counts of 4th degree criminal sexual conduct. The jury found that the victim's vulnerability was an aggravating factor, meaning that Koehn faces prison instead of the guideline sentence maximum of a year in jail. The guilty verdict happened Friday, November 20.
Under Minnesota law, sexual contact with a 16- or 17-year-old is a felony if the perpetrator is at least four years older and in a position of authority over a teen. Koehn, who began an unofficial mentoring relationship with the girl her sophomore year, had previously coached her in basketball, and the teen referred to her as "Ms. Koehn" from the witness stand.
Koehn's trial opened Wednesday with prosecutors asking the teen whether she had sexual contact with Koehn, her former history teacher. The student, now 18, denied that anything sexual had occurred, and then, when pressed, said she couldn't remember.
Assistant Dakota County Attorney Larry Clark played audiotapes which belied the victim's testimony, but Koehn's defense attorney Richard Ohlenberg said the encounters, which took place during a leave of absence by Koehn, were not a manipulation of a position of trust and that they were limited to kissing and social contact.
Dakota County District Court Judge Robert King will formally sentence Koehn on February 5.
(Update 2-6-10) Koehn was formally sentenced to 5 months in jail and 10 years probation by Judge Robert King Jr yesterday. Minnesota sentencing guidelines call for no jail time, but Judge King cited the multiple sex acts in the girl's bedroom and the victim's emotional vulerability in the jail sentence. King also said that he did not believe Koehn set out to intentionally groom her victim. "I think you are a very conflicted person. I think you just fell into temptation." King also imposed a 3 year suspended sentence and a $200 fine.
Friday, Koehn told the judge that she knew she had done wrong. She also told the girl's mother that she had waited a year to apologize. "I never meant to hurt you or your family," Koehn said, adding that she felt "horribly."
"It may be sincere," prosecutor Lawrence Clark said of the apology, "but it's too little and it's too late."
Dakota County Attorney James Backstrom said that “It is always troubling to see incidents of this nature. While a person who is 16 years old can generally consent to a sexual relationship under Minnesota law, it is against the law regardless of consent for a teacher or a coach to have sexual contact with a 16-17-year old student over whom they have a position of authority.”
Friday, February 5, 2010
Irish ad exec sentenced to 7 years for manslaughter of wife
PAMELA NEWENHAM [Irish Times]
Eamonn Lillis has been sentenced to six years and 11 months in jail for the manslaughter of his wife Celine Cawley at their home in Howth, Co Dublin. The 52-year-old TV advertising director was convicted last Friday of the manslaughter of his wife on December 15th, 2008, at their home on Windgate Road.
After over nine hours of deliberations, the jury found Lillis not guilty of murder but guilty of manslaughter. It said the State had failed to prove intent.
At the Central Criminal Court this morning, Mr Justice Barry White said the appropriate sentence for the offence would be 10 years but, having considered yesterday’s statements to the sentencing hearing, he was jailing Lillis for six years and 11 months. He noted that Lillis had already spent three weeks in custody last year while awaiting bail. The sentence runs from yesterday.
In his statement to the court, Mr Justice White said the media have shown "little or no respect" for the dignity of the Cawley family over the course of the trial and called for their privacy to be respected. Speaking to Lillis, he said: "Your expression of remorse rings hollow to me and I consider it to be self-serving in light of the circumstances of the case."
The judge said it was clear from the verdict the jury rejected Lillis's contention he had no responsibility for his wife's death.
Mr Justice Barry White said Lillis at least "had the decency" to call emergency services and attempt to resuscitate his wife. "That is the only decent act you committed on that morning." The judge said Lillis then persisted to lie to gardaà to conceal his own involvement.
"It is clear to me from the victim impact statement presented by Susanna Cawley that your behaviour has had a devastating effect on people of all ages," Mr Justice White added. “From your father-in-law, who is some 80 years of age, down to your own daughter, who is 17 years of age.”
Mr Justice White said he took into account the terms handed to Wayne O’Donoghue and Linda Mulhall when considering sentencing. Mr O’Donoghue was jailed for four years for the manslaughter of schoolboy Robert Holohan in Co Cork in January, 2005. Mulhall received a 15-year sentence for the manslaughter Farah Swaleh Noor in 2005.
Members of the Cawley family, including Ms Cawley’s father James, sister Susanna and brother Chris, remained silent as the sentence was imposed. Lillis, who also showed no emotion, was led from the court to begin his sentence at Wheatfield Prison.
At a sometimes emotional hearing yesterday, the court was told that two victim impact statements had been presented, one by the couple's 17-year-old daughter and the second by Ms Cawley’s sister, Susanna.
Only the second was read to the court. In it, she made repeated references to Lillis, though only once mentioning him by name. She referred to the “treacherous lies”, which she said were “overwhelming”.
“The worst had to be the one Eamonn told us of the intruder and of Celine’s last moments, to my wonderful, honourable 80-year-old dad, when he alleged she pulled her fingers down his face. Whatever about the rest of us, Dad deserves to know the truth about the advantage that was taken of his total loyalty. The lack of remorse is also hard to credit despite 13 months of opportunity to at least apologise to [the 17-year-old daughter of Lillis’s and Celine Cawley] and my father. But no such apology has been forthcoming.”
In the statement, read by State prosecutor Mary Ellen Ring, Susanna Cawley also referred to the “tightrope” the family have been obliged to walk in their efforts to secure the financial and residential future for [the daughter].
“We are all here for her but we were and still are absolutely powerless. Every avenue we have tried to go down, we find that we have no legal entitlement.”
Speaking on behalf of Lillis, defence counsel Brendan Grehan said his client was “extremely sorry and regretful” for what had happened and for the lies he told, in particular to Ms Cawley’s family “who took him in afterwards”. He still spoke of his wife in the present tense: “He loves her very much and will love her for the rest of his life. Contrary to reports, she was neither a bully nor a tyrant.” Lillis is also fearful of the consequences of his actions for his daughter now and in the future, said counsel.
Giving character references on behalf of Lillis, advertising copy-writer Gerry Kennedy, and Siobhan Cassidy, a teacher, whom Lillis met more than 30 years ago while a student in UCD, each said they had chosen him to be godfather to their first-born children and that he was an excellent godfather.
Deferring sentencing, Mr Justice Barry White remanded Lillis in custody and said he wanted to think about the matter and read the victim impact statements
Eamonn Lillis has been sentenced to six years and 11 months in jail for the manslaughter of his wife Celine Cawley at their home in Howth, Co Dublin. The 52-year-old TV advertising director was convicted last Friday of the manslaughter of his wife on December 15th, 2008, at their home on Windgate Road.
After over nine hours of deliberations, the jury found Lillis not guilty of murder but guilty of manslaughter. It said the State had failed to prove intent.
At the Central Criminal Court this morning, Mr Justice Barry White said the appropriate sentence for the offence would be 10 years but, having considered yesterday’s statements to the sentencing hearing, he was jailing Lillis for six years and 11 months. He noted that Lillis had already spent three weeks in custody last year while awaiting bail. The sentence runs from yesterday.
In his statement to the court, Mr Justice White said the media have shown "little or no respect" for the dignity of the Cawley family over the course of the trial and called for their privacy to be respected. Speaking to Lillis, he said: "Your expression of remorse rings hollow to me and I consider it to be self-serving in light of the circumstances of the case."
The judge said it was clear from the verdict the jury rejected Lillis's contention he had no responsibility for his wife's death.
Mr Justice Barry White said Lillis at least "had the decency" to call emergency services and attempt to resuscitate his wife. "That is the only decent act you committed on that morning." The judge said Lillis then persisted to lie to gardaà to conceal his own involvement.
"It is clear to me from the victim impact statement presented by Susanna Cawley that your behaviour has had a devastating effect on people of all ages," Mr Justice White added. “From your father-in-law, who is some 80 years of age, down to your own daughter, who is 17 years of age.”
Mr Justice White said he took into account the terms handed to Wayne O’Donoghue and Linda Mulhall when considering sentencing. Mr O’Donoghue was jailed for four years for the manslaughter of schoolboy Robert Holohan in Co Cork in January, 2005. Mulhall received a 15-year sentence for the manslaughter Farah Swaleh Noor in 2005.
Members of the Cawley family, including Ms Cawley’s father James, sister Susanna and brother Chris, remained silent as the sentence was imposed. Lillis, who also showed no emotion, was led from the court to begin his sentence at Wheatfield Prison.
At a sometimes emotional hearing yesterday, the court was told that two victim impact statements had been presented, one by the couple's 17-year-old daughter and the second by Ms Cawley’s sister, Susanna.
Only the second was read to the court. In it, she made repeated references to Lillis, though only once mentioning him by name. She referred to the “treacherous lies”, which she said were “overwhelming”.
“The worst had to be the one Eamonn told us of the intruder and of Celine’s last moments, to my wonderful, honourable 80-year-old dad, when he alleged she pulled her fingers down his face. Whatever about the rest of us, Dad deserves to know the truth about the advantage that was taken of his total loyalty. The lack of remorse is also hard to credit despite 13 months of opportunity to at least apologise to [the 17-year-old daughter of Lillis’s and Celine Cawley] and my father. But no such apology has been forthcoming.”
In the statement, read by State prosecutor Mary Ellen Ring, Susanna Cawley also referred to the “tightrope” the family have been obliged to walk in their efforts to secure the financial and residential future for [the daughter].
“We are all here for her but we were and still are absolutely powerless. Every avenue we have tried to go down, we find that we have no legal entitlement.”
Speaking on behalf of Lillis, defence counsel Brendan Grehan said his client was “extremely sorry and regretful” for what had happened and for the lies he told, in particular to Ms Cawley’s family “who took him in afterwards”. He still spoke of his wife in the present tense: “He loves her very much and will love her for the rest of his life. Contrary to reports, she was neither a bully nor a tyrant.” Lillis is also fearful of the consequences of his actions for his daughter now and in the future, said counsel.
Giving character references on behalf of Lillis, advertising copy-writer Gerry Kennedy, and Siobhan Cassidy, a teacher, whom Lillis met more than 30 years ago while a student in UCD, each said they had chosen him to be godfather to their first-born children and that he was an excellent godfather.
Deferring sentencing, Mr Justice Barry White remanded Lillis in custody and said he wanted to think about the matter and read the victim impact statements
Thursday, February 4, 2010
Necrophile sentenced to 3 years for sex with corpses in Cincinnati morgue
A Hamilton County, OH morgue worker was sentenced to 3 years in prison Tuesday- 1 1/2 years for 2 counts of gross abuse of a corpse - by Hamilton County Common Pleas Court Judge Nadine Allen. Kenneth Douglas, who worked at the county morgue from 1976 to 1992, was sentenced for violating the bodies of Charlene Apling Edwards and Angel Hicks, both murder victims. Douglas is currently serving a 3 year term for having sex with Karen Range's corpse back in 1982. Officials said that Douglas had sex with Range's body after it was in the morgue freezer for hours and while it had be nearly decapitated.
Sandra Williams said that “I thought burying my sister was the hardest thing I’d ever had to do. I thought we could just put it behind us and lay it to rest, but when this happened, I re-lived her death all over again.”
Misheal Apling, Sandra Willams nephew and Charlene Apling Edwards son, said that Douglas "raped a five-months pregnant dead woman” and asked for the maximum sentence.
The judge said Douglas’ crimes were depraved.“There’s a reason we say ‘the dearly departed, may they rest in peace.’ What happened he isn’t even primitive. It’s depraved and inhumane,” the judge said.
Douglas, 56, of Westwood, apologized. “There is no excuse for my crime,” Douglas told the judge. “If I wasn’t under the influence, this never would have happened.”
Prosecutor Joe Deters believes Douglas violated many more corpses but he can’t prosecute those cases. "He was, by his own admission, out of control,” Deters said. “If you extrapolated it, there are many, many corpses he did this to. ‘Scores’ is a good word.”
The reason Deters declined to press charges was because “Just because someone confesses to something doesn’t mean they can be convicted. We have to have evidence to prove a crime.” After investigators heard Douglas' confession of having sex with Range's corpse, they used DNA evidence to link him to Willams and HIcks.
Sandra Williams said that “I thought burying my sister was the hardest thing I’d ever had to do. I thought we could just put it behind us and lay it to rest, but when this happened, I re-lived her death all over again.”
Misheal Apling, Sandra Willams nephew and Charlene Apling Edwards son, said that Douglas "raped a five-months pregnant dead woman” and asked for the maximum sentence.
The judge said Douglas’ crimes were depraved.“There’s a reason we say ‘the dearly departed, may they rest in peace.’ What happened he isn’t even primitive. It’s depraved and inhumane,” the judge said.
Douglas, 56, of Westwood, apologized. “There is no excuse for my crime,” Douglas told the judge. “If I wasn’t under the influence, this never would have happened.”
Prosecutor Joe Deters believes Douglas violated many more corpses but he can’t prosecute those cases. "He was, by his own admission, out of control,” Deters said. “If you extrapolated it, there are many, many corpses he did this to. ‘Scores’ is a good word.”
The reason Deters declined to press charges was because “Just because someone confesses to something doesn’t mean they can be convicted. We have to have evidence to prove a crime.” After investigators heard Douglas' confession of having sex with Range's corpse, they used DNA evidence to link him to Willams and HIcks.
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