After killing his wife, all that was left for a Roberson County, NC jury to decide, according to his lawyer, was how Myron Britt would die in jail - by the hands of the state through lethal injection, or by the hands of God (or another inmate). After 40 minutes of deliberation, the jury chose the latter option yesterday, July 30.
Nancy Britt was murdered at her childhood home in August 2003 while caring for a disabled sister. The murder, according to prosecutors, was a way for Britt to pay off a growing pile of debt by cashing in of his wife's $800,000 insurance policy.
[Robeson County District Attorney]Johnson Britt said Myron Britt killed his wife to maintain a particular lifestyle and keep up appearances.
The jury was told it would have to determine whether the aggravating factor outweighed the 11 mitigating circumstances the defense would present, Johnson Britt said. Aggravating factors favor imposing the death penalty. Mitigating factors favor a life sentence.
"I am not going to stand up here and tell you there is no value of a father-son relationship, that there is no value in a father-daughter relationship or that there is no value in a son-mother relationship,'' Johnson Britt said. "What I am going to tell you is that the 11 pale in comparison for the reason Nancy Britt was murdered.''
Myron Britt's grown children - 22-year-old Lauren and 29-year-old Brandon - told jurors Wednesday they have a strong relationship with their father and still rely on him for advice.
Superior Court Judge Gregory Weeks allowed Myron Britt time to address the courtroom after he passed sentence of life without parole. Britt thanked his supporters, but also told the jury he forgave them for "wrongfully convicting" him. He also said that the life without parole sentence was a sentence on his children as well as himself.
Jim Parrish and Sue Berry, Myron Britt's attorneys, stated that the mitigating families justify nothing; they prove that he still has value to his family, friends, and faith community, and that the jury will spare his life if there's still value.
Friday, July 31, 2009
West Union, SC man sentenced to 17 years for voluntary manslaughter of wife
Tenth Circuit Court Judge James Williams sentenced a West Union, South Carolina man to 17 years in prison Wednesday. The man plead guilty to the shooting death of his wife after she told him that she was seeing another man. Because in SC, violent criminals must serve 85% of their sentence, Timothy Allen Bolt, 43, must serve 14 years of his sentence before early release, though 16 moths in jail have already by credited.
Bolt was originally charged with murder in the shooting of Charlie Ann Wood Bolt, 41, on March 9, 2008 at their home at 169 Town Road, West Union.
Assistant Tenth Circuit Solicitor David Wagner said Wednesday indications were that the Bolts had been involved in a domestic altercation and that Charlie Ann Bolt was informing her husband she was leaving him for another man when Timothy Bolt pulled a .45 cal. handgun from beneath his chair and shot her once through the head.
“It was done in the heat of passion,” Wagner said.
Julian Stoudemire, attorney for Bolt, said his client had little or no memory of the incident and alluded to the quantity of medications Bolt had been taking at the time as creating a different person than the man standing before the court.
“This was a very, very unfortunate incident,” Stoudemire said of the shooting and the aftermath.
Stoudemire said of his client that “He is not the type of person who would survive a long incarceration in some of our rougher prisons." Bolt himself said that he had been on anti anxiety medications at the time of the shooting.
"He’s my only child,” said Brenda Bolt, his mother. “I never had a minute’s trouble out of him.” Bolt, in white shirt and jeans, declined the chance to speak on his behalf, but through tears mumbled only, “I loved my wife.”
Before imposing sentence, Judge Williams said that “This is a bad case for everyone. We have two little girls without a mother or a father...I’m impressed by the people who spoke for you and by their sincerity.”
The Bolts' two daughters, ages 5 and 9, are in the care of relatives.
Bolt was originally charged with murder in the shooting of Charlie Ann Wood Bolt, 41, on March 9, 2008 at their home at 169 Town Road, West Union.
Assistant Tenth Circuit Solicitor David Wagner said Wednesday indications were that the Bolts had been involved in a domestic altercation and that Charlie Ann Bolt was informing her husband she was leaving him for another man when Timothy Bolt pulled a .45 cal. handgun from beneath his chair and shot her once through the head.
“It was done in the heat of passion,” Wagner said.
Julian Stoudemire, attorney for Bolt, said his client had little or no memory of the incident and alluded to the quantity of medications Bolt had been taking at the time as creating a different person than the man standing before the court.
“This was a very, very unfortunate incident,” Stoudemire said of the shooting and the aftermath.
Stoudemire said of his client that “He is not the type of person who would survive a long incarceration in some of our rougher prisons." Bolt himself said that he had been on anti anxiety medications at the time of the shooting.
"He’s my only child,” said Brenda Bolt, his mother. “I never had a minute’s trouble out of him.” Bolt, in white shirt and jeans, declined the chance to speak on his behalf, but through tears mumbled only, “I loved my wife.”
Before imposing sentence, Judge Williams said that “This is a bad case for everyone. We have two little girls without a mother or a father...I’m impressed by the people who spoke for you and by their sincerity.”
The Bolts' two daughters, ages 5 and 9, are in the care of relatives.
Thursday, July 30, 2009
BBC - Devon, England sex offender's jail term appeal rejected
A sex offender from Devon who breached an order banning him from contacting people over the age of 60 has failed in a bid to reduce his latest jail term.
Derek Francis Hornett, of Crossways, Whitestone, Exeter, was jailed in 2005 for three years for knowingly infecting an 82-year-old Paignton woman with HIV. In May, Hornett was again sentenced to three years for breaching the order.
Judges at the Court of Appeal rejected the 49-year-old's case, saying his sentence was "richly deserved".
Hornett, who knew he was HIV positive, was first jailed for causing grievous bodily harm to the elderly woman after having sex with her and infecting her with the HIV virus.
He was jailed by Judge Graham Cottle in December 2005, who told Hornett his actions had devastated his victim both physically and mentally. As part of that sentence, Hornett was given a sexual offences prevention order (SOPO) banning him from contacting people over 60.
But, within months of being released from jail, Hornett struck up a friendship with a 66-year-old woman, who he did odd jobs for.
Police were called in when the woman became suspicious. They discovered that Hornett had befriended three other women over 60, one of whom was in her 80s.
He was jailed for three years for breaching the SOPO.
His lawyers argued Hornett's sentence should be reduced to give him the chance to care for his seriously ill wife. But Mr Justice Foskett said: "Nothing we have heard persuades us that it's right to make any alteration to a richly deserved sentence."
Derek Francis Hornett, of Crossways, Whitestone, Exeter, was jailed in 2005 for three years for knowingly infecting an 82-year-old Paignton woman with HIV. In May, Hornett was again sentenced to three years for breaching the order.
Judges at the Court of Appeal rejected the 49-year-old's case, saying his sentence was "richly deserved".
Hornett, who knew he was HIV positive, was first jailed for causing grievous bodily harm to the elderly woman after having sex with her and infecting her with the HIV virus.
He was jailed by Judge Graham Cottle in December 2005, who told Hornett his actions had devastated his victim both physically and mentally. As part of that sentence, Hornett was given a sexual offences prevention order (SOPO) banning him from contacting people over 60.
But, within months of being released from jail, Hornett struck up a friendship with a 66-year-old woman, who he did odd jobs for.
Police were called in when the woman became suspicious. They discovered that Hornett had befriended three other women over 60, one of whom was in her 80s.
He was jailed for three years for breaching the SOPO.
His lawyers argued Hornett's sentence should be reduced to give him the chance to care for his seriously ill wife. But Mr Justice Foskett said: "Nothing we have heard persuades us that it's right to make any alteration to a richly deserved sentence."
Ex-wife of former Marine sentenced to 11 years in prison for stabbing him
VISTA, Calif. -- A woman who stabbed her Marine ex-husband in the back with a large military-style knife as he arrived home was sentenced Thursday to 11 years in state prison. Leslie Nichole Hawkins, 30, pleaded guilty Feb. 17 to attempted murder causing great bodily injury.
The defendant went to the Carlsbad home of 28-year-old Alfred Hawkins on June 18, 2008 -- two days before the attack -- and the two argued about money she owed him, but he didn't let her into his residence that day.
Two days later, Hawkins had just walked in the door of his home on Peach Tree Road about 12:15 p.m. when his ex-wife jumped him and plunged the knife into his back, according to testimony.
The Marine staggered outside, crossed the street and collapsed on the roadside. Patrol officers sent to the scene found him conscious, the knife still protruding from his back, being tended by a nurse who lived in the area, prosecutors said.
Following the attack, Leslie Hawkins drove off, then made a U-turn a short distance away and began heading back toward the scene of the stabbing and was pulled over and arrested, police said.
The couple's divorce was final in April 2007. They had no children together.
The defendant went to the Carlsbad home of 28-year-old Alfred Hawkins on June 18, 2008 -- two days before the attack -- and the two argued about money she owed him, but he didn't let her into his residence that day.
Two days later, Hawkins had just walked in the door of his home on Peach Tree Road about 12:15 p.m. when his ex-wife jumped him and plunged the knife into his back, according to testimony.
The Marine staggered outside, crossed the street and collapsed on the roadside. Patrol officers sent to the scene found him conscious, the knife still protruding from his back, being tended by a nurse who lived in the area, prosecutors said.
Following the attack, Leslie Hawkins drove off, then made a U-turn a short distance away and began heading back toward the scene of the stabbing and was pulled over and arrested, police said.
The couple's divorce was final in April 2007. They had no children together.
Florence, SC man sentenced to 40 years for maiming wife, burning apartment
A Florence, SC man convicted today of charges filed after he cut off his wife's hands and set fire to their apartment has been sentenced to 40 years in prison by a Kershaw County, SC judge earlier today. Tarus Tramaine Henry, 28, was convicted on counts of assault and battery with intent to kill, 2nd degree arson, and unlawful neglect of a child in the June 2008 attack on the 24 year old woman.
12th Circuit Court Judge Ralph King Anderson sentenced Henry to 20 years for the arson and another 20 years for the assault charge, both counts to run consecutively. Anderson also sentenced Henry to 10 years in prison for the child neglect charges, but those counts will run concurrently with the arson and assault charges.
Henry’s 24-year-old wife was on a ventilator at a Florence hospital and both of her hands had been cut off, a victim’s advocate told Magistrate Judge Belinda Timmons during a June 24, 2008, bond hearing.
The woman also suffered stab wounds through her skull, her spine and her chest, the victim’s advocate said.
The victim’s advocate also relayed information she said the victim told her family. In those conversations, the victim said she was left in the apartment after the attack and crawled out for help.
A witness told deputies he saw the victim leave the apartment covered in blood with what appeared to be large gashes in her head and arm, according to sheriff’s office reports.
The suspect took the woman to a Florence emergency room and left with two children — the couple’s now 19-month-old child and a 5-year-old child of Henry’s from a previous marriage, according to sheriff’s office reports.
The trial lasted three days, from jury selection Monday to the verdict today. The victim testified Wednesday morning and the perpetrator testified Wednesday afternoon.
Twelfth Circuit Solicitor Ed Clements III said that he was "very pleased with the outcome of this case. It was a horrible, horrible case and I am very proud of the work done by Florence County Sheriff Kenney Boone and his office, and am proud of Assistant (12th Circuit) Solicitor Stephen Hill, who prosecuted the case.”
12th Circuit Court Judge Ralph King Anderson sentenced Henry to 20 years for the arson and another 20 years for the assault charge, both counts to run consecutively. Anderson also sentenced Henry to 10 years in prison for the child neglect charges, but those counts will run concurrently with the arson and assault charges.
Henry’s 24-year-old wife was on a ventilator at a Florence hospital and both of her hands had been cut off, a victim’s advocate told Magistrate Judge Belinda Timmons during a June 24, 2008, bond hearing.
The woman also suffered stab wounds through her skull, her spine and her chest, the victim’s advocate said.
The victim’s advocate also relayed information she said the victim told her family. In those conversations, the victim said she was left in the apartment after the attack and crawled out for help.
A witness told deputies he saw the victim leave the apartment covered in blood with what appeared to be large gashes in her head and arm, according to sheriff’s office reports.
The suspect took the woman to a Florence emergency room and left with two children — the couple’s now 19-month-old child and a 5-year-old child of Henry’s from a previous marriage, according to sheriff’s office reports.
The trial lasted three days, from jury selection Monday to the verdict today. The victim testified Wednesday morning and the perpetrator testified Wednesday afternoon.
Twelfth Circuit Solicitor Ed Clements III said that he was "very pleased with the outcome of this case. It was a horrible, horrible case and I am very proud of the work done by Florence County Sheriff Kenney Boone and his office, and am proud of Assistant (12th Circuit) Solicitor Stephen Hill, who prosecuted the case.”
Milwaukee man arrested for choking woman to death after sex sentenced to life without parole
(Original Post 9-26-08)
A Northwest side of Milwaukee man is being investigated for links to other crimes after being formally charged Monday with 1st degree murder for the choking death of a 21 year old woman after sex. Sgt. Mark Stanmeyer says Milwaukee detectives are taking a closer look at Calvin Pirtle due to a previous incident involving a girl at the same home where the latest victim was killed.
Pirtle, 29, was charged Monday with first-degree intentional homicide in the death of 21-year-old Yasmine Tatum-Massey, whose body was found [September 17] in a plastic bag in Pirtle’s basement in the 4600 block of W. Mill Road.
According to the complaint, Pirtle told investigators that he and Tatum-Massey had consensual sex and took a shower together before she attacked him with a knife. Pirtle told police he took the knife away from her while choking her, and taped her wrists and ankles before she died, the complaint charges.
Pirtle's girlfriend found the victim's body last week after she was suspicious of Pirtle's insistence that blood found on the floor of their home was his after cutting himself. The girlfriend wanted him to call police, but he flagged down officers and told them about a robbery the week before. They left, assuming the blood was his, and the girlfriend unwittingly helped him clean up the crime scene.
After finding a 32 gallon garbage can with a large plastic bag, the girlfriend called police, who cut open the can and found Tatum-Massey's bruised, strangled body along with bloody duct tape.
Pirtle was charged with 2nd degree sexual assault for luring a girl in a similar manner to the same home in 2007.
The victim, a juvenile, told police she had gone to the same Mill Road home, where Pirtle pushed her to the floor, taped a sock in her mouth, taped her wrists, held a butcher knife to her neck, and threatened to kill her. He then taped her ankles together and raped her, according to the complaint. Pirtle admitted to many of the details.
However, Pirtle was able to plead down to false imprisonment, a misdemeanor which landed him in the House Of Correction in suburban Franklin for a year.
(Update 7-30-09) After being convicted of 1st degree intentional homicide in February, 2009, Pirtle was sentenced to life without parole yesterday.
A Northwest side of Milwaukee man is being investigated for links to other crimes after being formally charged Monday with 1st degree murder for the choking death of a 21 year old woman after sex. Sgt. Mark Stanmeyer says Milwaukee detectives are taking a closer look at Calvin Pirtle due to a previous incident involving a girl at the same home where the latest victim was killed.
Pirtle, 29, was charged Monday with first-degree intentional homicide in the death of 21-year-old Yasmine Tatum-Massey, whose body was found [September 17] in a plastic bag in Pirtle’s basement in the 4600 block of W. Mill Road.
According to the complaint, Pirtle told investigators that he and Tatum-Massey had consensual sex and took a shower together before she attacked him with a knife. Pirtle told police he took the knife away from her while choking her, and taped her wrists and ankles before she died, the complaint charges.
Pirtle's girlfriend found the victim's body last week after she was suspicious of Pirtle's insistence that blood found on the floor of their home was his after cutting himself. The girlfriend wanted him to call police, but he flagged down officers and told them about a robbery the week before. They left, assuming the blood was his, and the girlfriend unwittingly helped him clean up the crime scene.
After finding a 32 gallon garbage can with a large plastic bag, the girlfriend called police, who cut open the can and found Tatum-Massey's bruised, strangled body along with bloody duct tape.
Pirtle was charged with 2nd degree sexual assault for luring a girl in a similar manner to the same home in 2007.
The victim, a juvenile, told police she had gone to the same Mill Road home, where Pirtle pushed her to the floor, taped a sock in her mouth, taped her wrists, held a butcher knife to her neck, and threatened to kill her. He then taped her ankles together and raped her, according to the complaint. Pirtle admitted to many of the details.
However, Pirtle was able to plead down to false imprisonment, a misdemeanor which landed him in the House Of Correction in suburban Franklin for a year.
(Update 7-30-09) After being convicted of 1st degree intentional homicide in February, 2009, Pirtle was sentenced to life without parole yesterday.
Wednesday, July 29, 2009
Suburban Chicago woman gets 50 years for death of "partner"
A Villa Park, IL woman who killed her "partner" of 7 years to pursue a younger woman has been sentenced to 50 years in prison for suffocating her victim. 32 year old Rebecca Klein was killed by then 26 year old Nicole Abusharif in their shared house March 15, 2007. Two days later, Klein's body was found in Abusharif's 1966 Mustang, still in their garage. The victim's mouth was duct taped, her head was covered with a plastic bag, and hand and feet were bound.
While defense attorneys sought the minimum 20 year sentence for 1st degree murder in Illinois, Assistant DuPage County State's Atty. Joe Ruggiero sought the 60 year maximum sentence. The motive for the murder was Klein's $250,000 life insurance policy and Rose Sodaro, a woman Abusharif had become sexually involved with and whoo was brought to the house the night of Klein's murder.
Klein, a caregiver for disabled people, was "a flower in God's garden on Earth," Ruggiero said. Abusharif was "the bottom of the barrel," he said.
[Judge John] Kinsella said he had no doubt that Abusharif killed Klein, noting that her fingerprints were found on the plastic bag and the tape binding the victim.
The judge said of the defendant, "It was her hand that was on Becky's head when Becky breathed her last."
Klein's sister, Melanie Baldridge, said her family has spent two years trying to figure out how they could have been taken in by Abusharif."Nicole was someone we trusted," Baldridge said.
"She duped and misled all of us."At family dinners, Baldridge said, she and her parents sometimes just stare at the seat Klein used to occupy.
People convicted of 1st degree murder in Illinois must serve all of their sentence without any provision for early release.
While Judge Kinsella stated that how someone can kill another they used to love was "beyond the ken of the court's understanding," when you are dealing with people who see others as objects to be used, then thrown away, the "love" turns out to be really lust, abuse, or obsession.
While defense attorneys sought the minimum 20 year sentence for 1st degree murder in Illinois, Assistant DuPage County State's Atty. Joe Ruggiero sought the 60 year maximum sentence. The motive for the murder was Klein's $250,000 life insurance policy and Rose Sodaro, a woman Abusharif had become sexually involved with and whoo was brought to the house the night of Klein's murder.
Klein, a caregiver for disabled people, was "a flower in God's garden on Earth," Ruggiero said. Abusharif was "the bottom of the barrel," he said.
[Judge John] Kinsella said he had no doubt that Abusharif killed Klein, noting that her fingerprints were found on the plastic bag and the tape binding the victim.
The judge said of the defendant, "It was her hand that was on Becky's head when Becky breathed her last."
Klein's sister, Melanie Baldridge, said her family has spent two years trying to figure out how they could have been taken in by Abusharif."Nicole was someone we trusted," Baldridge said.
"She duped and misled all of us."At family dinners, Baldridge said, she and her parents sometimes just stare at the seat Klein used to occupy.
People convicted of 1st degree murder in Illinois must serve all of their sentence without any provision for early release.
While Judge Kinsella stated that how someone can kill another they used to love was "beyond the ken of the court's understanding," when you are dealing with people who see others as objects to be used, then thrown away, the "love" turns out to be really lust, abuse, or obsession.
Sunday, July 26, 2009
Manitoba 1st Nations man sentenced to 4 years for beating "girlfriend"
Three days of terror
Man jailed for giving woman 'severe, long beating'
By DEAN PRITCHARD, SUN MEDIA
Last Updated: 24th July 2009, 11:44am
A Garden Hill First Nation man who subjected his ex-girlfriend to three days of terror and violence has been sentenced to four years in prison.
Jason Knott, 28, pleaded guilty to aggravated assault, assault, uttering threats, theft and two counts of breaching court orders he have no contact with the woman.
"This is a severe, long beating -- those are the only words to describe it," said Judge Linda Giesbrecht. "You have absolutely no regard for the feelings of another human being."
The 25-year-old victim told Knott in January 2008 she was breaking off their 18-month long relationship when Knott invited her to his home "for one last kiss," Crown attorney Wendy Friesen told court.
Shortly after her arrival, Knott gouged her eyes with his thumbs and punched her in the head. Knott held her captive until the next morning when he became apologetic and offered to take her to Winnipeg. Knott and the victim boarded a plane for Winnipeg that same day and rented a room at the Maryland Hotel.
Knott's contrition was short-lived. The two began drinking heavily and Knott resumed his attack on the woman, punching and kicking her repeatedly in the face. The woman locked herself in the bathroom when Knott threatened to throw her out a window, Friesen said.
"What's six years (in prison)?" Knott told the woman. "It's a walk in the park."
Fearing Knott would make good on his threats to kill her, the woman exited the bathroom only to be beaten again, Friesen said. The next day, Knott punched, kicked and dragged the woman as they walked in the vicinity of McPhillips Street Station casino. Knott robbed the woman of her bank card and told her: "Now you're not going anywhere."
Casino staff came to the woman's assistance after part of the attack was caught on security video. The woman was treated at hospital for a broken jaw, cheekbone, eye sockets and nose and extensive bruising to her entire body.
Police arrested Knott 10 days later after he turned up drunk at the Health Sciences Centre.
Knott has 29 criminal convictions, including two for assaulting the same victim.
Defence lawyer John Corona had little to say in Knott's favour, and blamed his actions on an upbringing "rife with domestic violence and alcohol abuse."
"He clearly has anger management issues when he drinks and control issues in relation to women," Corona said. "This is the way he was brought up."
Knott claimed he was drunk and had no memory of the most recent assaults.
"If you are drinking you are a very dangerous, violent man," Giesbrecht said.
Giesbrecht credited Knott the double-time equivalent of two years time served, reducing his remaining sentence to two years
Man jailed for giving woman 'severe, long beating'
By DEAN PRITCHARD, SUN MEDIA
Last Updated: 24th July 2009, 11:44am
A Garden Hill First Nation man who subjected his ex-girlfriend to three days of terror and violence has been sentenced to four years in prison.
Jason Knott, 28, pleaded guilty to aggravated assault, assault, uttering threats, theft and two counts of breaching court orders he have no contact with the woman.
"This is a severe, long beating -- those are the only words to describe it," said Judge Linda Giesbrecht. "You have absolutely no regard for the feelings of another human being."
The 25-year-old victim told Knott in January 2008 she was breaking off their 18-month long relationship when Knott invited her to his home "for one last kiss," Crown attorney Wendy Friesen told court.
Shortly after her arrival, Knott gouged her eyes with his thumbs and punched her in the head. Knott held her captive until the next morning when he became apologetic and offered to take her to Winnipeg. Knott and the victim boarded a plane for Winnipeg that same day and rented a room at the Maryland Hotel.
Knott's contrition was short-lived. The two began drinking heavily and Knott resumed his attack on the woman, punching and kicking her repeatedly in the face. The woman locked herself in the bathroom when Knott threatened to throw her out a window, Friesen said.
"What's six years (in prison)?" Knott told the woman. "It's a walk in the park."
Fearing Knott would make good on his threats to kill her, the woman exited the bathroom only to be beaten again, Friesen said. The next day, Knott punched, kicked and dragged the woman as they walked in the vicinity of McPhillips Street Station casino. Knott robbed the woman of her bank card and told her: "Now you're not going anywhere."
Casino staff came to the woman's assistance after part of the attack was caught on security video. The woman was treated at hospital for a broken jaw, cheekbone, eye sockets and nose and extensive bruising to her entire body.
Police arrested Knott 10 days later after he turned up drunk at the Health Sciences Centre.
Knott has 29 criminal convictions, including two for assaulting the same victim.
Defence lawyer John Corona had little to say in Knott's favour, and blamed his actions on an upbringing "rife with domestic violence and alcohol abuse."
"He clearly has anger management issues when he drinks and control issues in relation to women," Corona said. "This is the way he was brought up."
Knott claimed he was drunk and had no memory of the most recent assaults.
"If you are drinking you are a very dangerous, violent man," Giesbrecht said.
Giesbrecht credited Knott the double-time equivalent of two years time served, reducing his remaining sentence to two years
ASShole Indy police officer sentenced to house arrest for coercing sex from 19 year old
(Original Post 8-22-08)
Anthony S. Smith, 36, was charged with rape, criminal deviate conduct, sexual misconduct, and official misconduct Thursday after a SWAT team arrested him at his home Thursday afternoon. The charges stem from allegedly sexually assaulting a 19 year old woman Friday, August 15.
Prosecutor Carl Brizzi and Indianapolis Police Chief Michael Spears held a joint news conference yesterday, stating "Things don't get much worse than this case. These allegations are horrific. ... This officer used his authority and position, allegedly, to satisfy his own desires."
According to a probable cause affidavit, Smith stopped the woman at an Eastside gas station and told her she was wanted on a warrant in a misdemeanor case involving driving without a valid license.
"I’m going to give you an option. I can lock you up, but I really don’t want to,” Smith said, according to court documents, “or you can ride with me for an hour.” The victim agreed to ride with the officer. Smith, the woman said, threatened to jail her if she did not have sex with him. Smith later admitted to having sex with the woman but said it was consensual. He denied threatening to arrest her, according to the affidavit.
IMPD Patrol Officer Anthony S. Smith, 36, was suspended without pay Monday morning, Chief Michael Spears said in a news conference Tuesday afternoon.
A woman came forward on Aug. 15, telling police Smith had assaulted her while he was on duty.
Spears would not comment on those allegations, but said that Smith had violated several police department procedures, including IMPD's ride-along policy.
"He did not devote his full attention to duty. I believe he was in violation of many other of our policies … and those, combined with the other allegations, which will be forthcoming, were enough information for me Sunday night to make the decision to immediately separate him from employment."
Smith worked nights with the Northeast District, a post he was assigned to in April of 2007, police said.
The arrests of several officers this year on charges ranging from running a prostitution ring to selling firearms to felons, drunken driving and drug trafficking have damaged the department.
Mayor Ballard said the police chief did the right thing in dismissing Smith.
"We give him the latitude to do what he thinks is the right thing to do with the cops," Ballard said. "They're seeing it. If they get out of line -- we don't want a witch hunt -- but if they're doing the wrong thing, they're going to pay the price."
(Update 8-28-08) Smith was arraigned Monday, August 25 in Marion Superior Court Judge Mark Stoner's courtroom. Judge Stoner entered not guilty pleas on his behalf and set a trial date for October 27. Wife Deidre Smith said that she loved her husband and that's he's innocent. Smith is being held on $80,000 bond. Attorney Robert Love of Ft. Wayne will represent Smith during his trial.
(Update 7-26-09) Smith was sentenced to 4 years suspended after pleading guilty. The former officer, now 37 years old, will serve another year of house arrest and won't be registered as a sex offender. The plea agreement, accepted by Judge Stoner, stipulated that while no force was used, Smith's misconduct towards the victim was unjustified.
A woman who identified herself as the young woman's mother called the sentence "a slap on the hand." The woman angrily told reporters and a court bailiff outside the courtroom that her daughter was raped. That was the original charge but after further investigation the prosecution agreed to a plea bargain on the lesser charges of sexual misconduct and official misconduct.
Smith and his attorney declined comment. Smith's mother, stepfather, pastor and former co-workers testified on his behalf. All said he has shown remorse.
Anthony S. Smith, 36, was charged with rape, criminal deviate conduct, sexual misconduct, and official misconduct Thursday after a SWAT team arrested him at his home Thursday afternoon. The charges stem from allegedly sexually assaulting a 19 year old woman Friday, August 15.
Prosecutor Carl Brizzi and Indianapolis Police Chief Michael Spears held a joint news conference yesterday, stating "Things don't get much worse than this case. These allegations are horrific. ... This officer used his authority and position, allegedly, to satisfy his own desires."
According to a probable cause affidavit, Smith stopped the woman at an Eastside gas station and told her she was wanted on a warrant in a misdemeanor case involving driving without a valid license.
"I’m going to give you an option. I can lock you up, but I really don’t want to,” Smith said, according to court documents, “or you can ride with me for an hour.” The victim agreed to ride with the officer. Smith, the woman said, threatened to jail her if she did not have sex with him. Smith later admitted to having sex with the woman but said it was consensual. He denied threatening to arrest her, according to the affidavit.
IMPD Patrol Officer Anthony S. Smith, 36, was suspended without pay Monday morning, Chief Michael Spears said in a news conference Tuesday afternoon.
A woman came forward on Aug. 15, telling police Smith had assaulted her while he was on duty.
Spears would not comment on those allegations, but said that Smith had violated several police department procedures, including IMPD's ride-along policy.
"He did not devote his full attention to duty. I believe he was in violation of many other of our policies … and those, combined with the other allegations, which will be forthcoming, were enough information for me Sunday night to make the decision to immediately separate him from employment."
Smith worked nights with the Northeast District, a post he was assigned to in April of 2007, police said.
The arrests of several officers this year on charges ranging from running a prostitution ring to selling firearms to felons, drunken driving and drug trafficking have damaged the department.
Mayor Ballard said the police chief did the right thing in dismissing Smith.
"We give him the latitude to do what he thinks is the right thing to do with the cops," Ballard said. "They're seeing it. If they get out of line -- we don't want a witch hunt -- but if they're doing the wrong thing, they're going to pay the price."
(Update 8-28-08) Smith was arraigned Monday, August 25 in Marion Superior Court Judge Mark Stoner's courtroom. Judge Stoner entered not guilty pleas on his behalf and set a trial date for October 27. Wife Deidre Smith said that she loved her husband and that's he's innocent. Smith is being held on $80,000 bond. Attorney Robert Love of Ft. Wayne will represent Smith during his trial.
(Update 7-26-09) Smith was sentenced to 4 years suspended after pleading guilty. The former officer, now 37 years old, will serve another year of house arrest and won't be registered as a sex offender. The plea agreement, accepted by Judge Stoner, stipulated that while no force was used, Smith's misconduct towards the victim was unjustified.
A woman who identified herself as the young woman's mother called the sentence "a slap on the hand." The woman angrily told reporters and a court bailiff outside the courtroom that her daughter was raped. That was the original charge but after further investigation the prosecution agreed to a plea bargain on the lesser charges of sexual misconduct and official misconduct.
Smith and his attorney declined comment. Smith's mother, stepfather, pastor and former co-workers testified on his behalf. All said he has shown remorse.
Long Island wife killer denied new trial
Newsday
Manhasset wife killer denied a new trial
Sunday, July 26, 2009 By ANN GIVENS ann.givens@newsday.com
A Manhasset man convicted of shooting his wife to death in front of their two children will not get a new trial, a federal judge has ruled.
In an 85-page decision released late Friday, Judge Arthur Spatt said Nikolaos Kotsopoulos' claim that his lawyer had talked him into an illegal deal, where the lawyer would get an additional $100,000 if Kotsopoulos were acquitted, was just not credible.
"The evidence at this trial was crystal clear," Spatt said, pointing out that Kotsopoulos' own 12-year-old son, George, had testified against him.
Kotsopoulos, 47, was convicted of second-degree murder and sentenced to 25 years to life in prison after a Nassau jury found him guilty of shooting his wife, Carol, 41, in the face as she was preparing dinner for Greek Orthodox Easter in 2002.
He was granted a hearing this spring after he claimed that his former attorney, Jack Evseroff of Brooklyn, had encouraged him to tell the jury at his criminal trial that an armed intruder had killed his wife because Evseroff had been promised an illegal $100,000 "bonus" if Kotsopoulos was acquitted of all charges.
Kotsopoulos claimed at the hearing in March in Central Islip that he in fact had shot his wife accidentally while he was fidgeting with his gun after an argument. Kotsopoulos said if Evseroff had allowed him to present that story at trial, he might have had a chance at being convicted of a lesser charge, such as manslaughter or criminally negligent homicide.
In his decision, Spatt said that he does not believe there was an illegal deal, nor does he believe Kotsopoulos ever claimed that he had killed his wife accidentally.
"The court finds that he never told Evseroff that it was he who shot his wife," Spatt wrote in the decision. "Only at this hearing, almost six years after his wife's murder, did the petitioner finally admit that he killed her, albeit only . . . when his confession was offered for his own benefit."
Kotsopoulos' attorney, Steven Kartagener of Manhattan, could not be reached for comment late Friday.
Prosecutor Michael Canty said the judge had no reason to believe Kotsopoulos' story, especially after he changed it so radically.
"Hopefully now the family can have some closure, and Mr. Kotsopoulos will go to prison for the rest of his life," Canty said.
Manhasset wife killer denied a new trial
Sunday, July 26, 2009 By ANN GIVENS ann.givens@newsday.com
A Manhasset man convicted of shooting his wife to death in front of their two children will not get a new trial, a federal judge has ruled.
In an 85-page decision released late Friday, Judge Arthur Spatt said Nikolaos Kotsopoulos' claim that his lawyer had talked him into an illegal deal, where the lawyer would get an additional $100,000 if Kotsopoulos were acquitted, was just not credible.
"The evidence at this trial was crystal clear," Spatt said, pointing out that Kotsopoulos' own 12-year-old son, George, had testified against him.
Kotsopoulos, 47, was convicted of second-degree murder and sentenced to 25 years to life in prison after a Nassau jury found him guilty of shooting his wife, Carol, 41, in the face as she was preparing dinner for Greek Orthodox Easter in 2002.
He was granted a hearing this spring after he claimed that his former attorney, Jack Evseroff of Brooklyn, had encouraged him to tell the jury at his criminal trial that an armed intruder had killed his wife because Evseroff had been promised an illegal $100,000 "bonus" if Kotsopoulos was acquitted of all charges.
Kotsopoulos claimed at the hearing in March in Central Islip that he in fact had shot his wife accidentally while he was fidgeting with his gun after an argument. Kotsopoulos said if Evseroff had allowed him to present that story at trial, he might have had a chance at being convicted of a lesser charge, such as manslaughter or criminally negligent homicide.
In his decision, Spatt said that he does not believe there was an illegal deal, nor does he believe Kotsopoulos ever claimed that he had killed his wife accidentally.
"The court finds that he never told Evseroff that it was he who shot his wife," Spatt wrote in the decision. "Only at this hearing, almost six years after his wife's murder, did the petitioner finally admit that he killed her, albeit only . . . when his confession was offered for his own benefit."
Kotsopoulos' attorney, Steven Kartagener of Manhattan, could not be reached for comment late Friday.
Prosecutor Michael Canty said the judge had no reason to believe Kotsopoulos' story, especially after he changed it so radically.
"Hopefully now the family can have some closure, and Mr. Kotsopoulos will go to prison for the rest of his life," Canty said.
Saturday, July 25, 2009
Department Of Homeland Security allows women facing DV in home countries to apply for US asylum
Chris McGreal The Guardian (UK)
The Obama administration has moved to grant political asylum to foreign women who suffer severe physical or sexual abuse from which they are unable to escape because it is part of the culture of their own countries.
The decision, made evident in a court case involving a battered women from Mexico, ends years of dispute over the issue which saw the Bush administration stall moves toward recognising domestic violence as legitimate grounds for asylum made during Bill Clinton's tenure.
The department of homeland security has told an immigration court that it regards the woman, identified only as 42-year-old LR, as potentially having grounds to apply for political asylum because she feared she would be murdered by her common-law husband who repeatedly raped her at gunpoint and tried to burn her alive when he discovered she was pregnant.
Karen Musalo, a lawyer and director of the Centre for Gender and Refugee Studies at the University of California who is representing a second woman involved in a similar asylum case, said that the move is a significant shift in policy that opens the way for physically and sexually abused women to seek the same protection that those fleeing female genital mutilation are already offered.
"There has been so much controversy and back and forth on this over many years. This finally opens the door to these women to seek protection," she said.
But women who apply for asylum will still face significant obstacles.
"These are not easy cases to prove," said Musalo. "LR must prove that in Mexico violence against women is pervasive and that there is a societal perception that this is acceptable. Then she has to prove that the Mexican government is unable or unwilling to protect her, and on top of that she has to show that there is nowhere in Mexico where she can be safe from her abusers."
LR stands a good chance of meeting the criteria. According to court papers, her husband, who seduced her when he was her physical education teacher at school, forced her to have sex by holding a gun or machete to her head.
He broke her nose on one occasion and, when he discovered she was pregnant, doused her bed with kerosene as she was sleeping and set it alight.
But when she reported the assaults to the police they dismissed them as a "private matter". A judge she appealed to for help attempted to seduce her.
"In Mexico, men believe they have a right to abuse their women because they are like a possession," LR said in the court submission.
The struggle to have domestic violence categorised as grounds for asylum has long centred on another women, Rody Alvarado from Guatemala, who has been represented by Musalo.
For many years, the US government said battered women did not qualify because they could not show persecution on specific grounds such as race or political opinion. That position was eroded in 1996 in a key ruling over female genital mutilation.
Until then the courts held that the women were victims of cultural oppression and that was not grounds for asylum because they were not members of a persecuted group under US law.
"The harm that women suffer is often a harm that is a cultural norm or accepted within a culture or required by the religion and so some adjudicators had taken the position that can't be persecution as required by refugee law because it's a cultural or religious requirement," said Musalo. "Female genital cutting fell in to that category but the board of immigration said it doesn't matter that it's a cultural rite - if it's a violation of human rights and objectively an egregious harm, it's persecution."
In the wake of the 1996 decision, Alvarado sought asylum to escape repeated severe beatings by her husband. Her case has been at the centre of a tangled and politicised dispute over the legitimacy of claims for protection from physical abuse.
An immigration court granted Alvarado asylum based on the earlier decision on female genital mutilation. An appeal court reversed the decision.
Clinton's attorney general, Janet Reno, overturned the appeal court decision but shortly after that George Bush came to power and stalled the case which remains unresolved.
Musalo says the change in the department of homeland security's position means Alvarado's case is finally likely to be addressed.
Opposition to admitting battered women has in part come from politicians who argue that it will open the floodgates. Musalo said similar objections were made over the admission of women fleeing female genital mutilation.
"A lot of people who were opposed to a grant of asylum said millions of women are subject to female genital cutting a year and if we establish a precedent that this is a basis for asylum these millions of women are going to arrive in the US," she said.
But, she said, there was not significant increase in claims. More than 29,000 people won asylum in the US last year on a variety of grounds.
The Obama administration has moved to grant political asylum to foreign women who suffer severe physical or sexual abuse from which they are unable to escape because it is part of the culture of their own countries.
The decision, made evident in a court case involving a battered women from Mexico, ends years of dispute over the issue which saw the Bush administration stall moves toward recognising domestic violence as legitimate grounds for asylum made during Bill Clinton's tenure.
The department of homeland security has told an immigration court that it regards the woman, identified only as 42-year-old LR, as potentially having grounds to apply for political asylum because she feared she would be murdered by her common-law husband who repeatedly raped her at gunpoint and tried to burn her alive when he discovered she was pregnant.
Karen Musalo, a lawyer and director of the Centre for Gender and Refugee Studies at the University of California who is representing a second woman involved in a similar asylum case, said that the move is a significant shift in policy that opens the way for physically and sexually abused women to seek the same protection that those fleeing female genital mutilation are already offered.
"There has been so much controversy and back and forth on this over many years. This finally opens the door to these women to seek protection," she said.
But women who apply for asylum will still face significant obstacles.
"These are not easy cases to prove," said Musalo. "LR must prove that in Mexico violence against women is pervasive and that there is a societal perception that this is acceptable. Then she has to prove that the Mexican government is unable or unwilling to protect her, and on top of that she has to show that there is nowhere in Mexico where she can be safe from her abusers."
LR stands a good chance of meeting the criteria. According to court papers, her husband, who seduced her when he was her physical education teacher at school, forced her to have sex by holding a gun or machete to her head.
He broke her nose on one occasion and, when he discovered she was pregnant, doused her bed with kerosene as she was sleeping and set it alight.
But when she reported the assaults to the police they dismissed them as a "private matter". A judge she appealed to for help attempted to seduce her.
"In Mexico, men believe they have a right to abuse their women because they are like a possession," LR said in the court submission.
The struggle to have domestic violence categorised as grounds for asylum has long centred on another women, Rody Alvarado from Guatemala, who has been represented by Musalo.
For many years, the US government said battered women did not qualify because they could not show persecution on specific grounds such as race or political opinion. That position was eroded in 1996 in a key ruling over female genital mutilation.
Until then the courts held that the women were victims of cultural oppression and that was not grounds for asylum because they were not members of a persecuted group under US law.
"The harm that women suffer is often a harm that is a cultural norm or accepted within a culture or required by the religion and so some adjudicators had taken the position that can't be persecution as required by refugee law because it's a cultural or religious requirement," said Musalo. "Female genital cutting fell in to that category but the board of immigration said it doesn't matter that it's a cultural rite - if it's a violation of human rights and objectively an egregious harm, it's persecution."
In the wake of the 1996 decision, Alvarado sought asylum to escape repeated severe beatings by her husband. Her case has been at the centre of a tangled and politicised dispute over the legitimacy of claims for protection from physical abuse.
An immigration court granted Alvarado asylum based on the earlier decision on female genital mutilation. An appeal court reversed the decision.
Clinton's attorney general, Janet Reno, overturned the appeal court decision but shortly after that George Bush came to power and stalled the case which remains unresolved.
Musalo says the change in the department of homeland security's position means Alvarado's case is finally likely to be addressed.
Opposition to admitting battered women has in part come from politicians who argue that it will open the floodgates. Musalo said similar objections were made over the admission of women fleeing female genital mutilation.
"A lot of people who were opposed to a grant of asylum said millions of women are subject to female genital cutting a year and if we establish a precedent that this is a basis for asylum these millions of women are going to arrive in the US," she said.
But, she said, there was not significant increase in claims. More than 29,000 people won asylum in the US last year on a variety of grounds.
Thursday, July 23, 2009
Man who kidnapped, raped, bit wife sentenced to 24 years in prison
Yesterday, Madison County Circuit Court Associate Judge James Hackett sentenced a Granite City, IL man to 24 years in prison for attacking and raping his estranged wife July 11, 2008. Because at least 85% of Class X sentences must be served, he will be in prison until 2030 at least.
Thomas Byrd, 32, of Granite City plead guilty to home invasion and aggravated assault after the attack on the victim. The couple was separated and in the process of divorcing before the attack. This was the 3rd conviction regarding the same victim – previous convictions included a burglary and a Missouri conviction for sexual assault. There was an outstanding order of protection against Byrd.
Authorities said that on the day Byrd was placed on probation in the burglary case, he went back to the victim's house, heaved a brick against an exterior door to open it, then ran upstairs to break into her locked bedroom.
The victim said in her impact statement that she kept a knife in her bedroom to protect herself from him. After attacking her, Byrd took the knife from her and threatened her with it until she quit resisting. "She was afraid if she didn't, she was going to die," Fischer said.
After raping her, Byrd put his wife in a car, rolled up the windows and locked the doors. "I told her, 'You're fixin' to die,'" he reportedly told her. He drove her at 90 mph into St. Louis, where she attempted to get free by trying to cause a traffic crash.
Byrd then took her to a side road, where he bit off a chunk of the side of her face.
The victim impact statement said that while she had surgery for the bite wounds, the psychological wounds will always remain. She also has trouble sleeping and driving with the car windows down.
Defense attorney Scott Turner argued that, while the crime was brutal, there was a reason behind it. His client is a drug and alcohol addict who grew up without a father. The life he spent with his victim was the only lifestyle he knows, Turner argued. "It's not an excuse; it's an explanation," Turner argued.
The judge praised Turner for his argument but said it did not work. "The explanation isn't persuasive," he said.
Judge Hackett did find Assistant Madison County State's Attorney John Fischer’s closing argument persuasive.
"This goes beyond brutal and heinous. This is something out of a horror film, Fischer said," while Hackett agreed. "We can't allow people to behave this way.”
Thomas Byrd, 32, of Granite City plead guilty to home invasion and aggravated assault after the attack on the victim. The couple was separated and in the process of divorcing before the attack. This was the 3rd conviction regarding the same victim – previous convictions included a burglary and a Missouri conviction for sexual assault. There was an outstanding order of protection against Byrd.
Authorities said that on the day Byrd was placed on probation in the burglary case, he went back to the victim's house, heaved a brick against an exterior door to open it, then ran upstairs to break into her locked bedroom.
The victim said in her impact statement that she kept a knife in her bedroom to protect herself from him. After attacking her, Byrd took the knife from her and threatened her with it until she quit resisting. "She was afraid if she didn't, she was going to die," Fischer said.
After raping her, Byrd put his wife in a car, rolled up the windows and locked the doors. "I told her, 'You're fixin' to die,'" he reportedly told her. He drove her at 90 mph into St. Louis, where she attempted to get free by trying to cause a traffic crash.
Byrd then took her to a side road, where he bit off a chunk of the side of her face.
The victim impact statement said that while she had surgery for the bite wounds, the psychological wounds will always remain. She also has trouble sleeping and driving with the car windows down.
Defense attorney Scott Turner argued that, while the crime was brutal, there was a reason behind it. His client is a drug and alcohol addict who grew up without a father. The life he spent with his victim was the only lifestyle he knows, Turner argued. "It's not an excuse; it's an explanation," Turner argued.
The judge praised Turner for his argument but said it did not work. "The explanation isn't persuasive," he said.
Judge Hackett did find Assistant Madison County State's Attorney John Fischer’s closing argument persuasive.
"This goes beyond brutal and heinous. This is something out of a horror film, Fischer said," while Hackett agreed. "We can't allow people to behave this way.”
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