A young man who sexually abuse his friend's mother after a party with friends to celebrate their impending college experience has been sentenced to 30 days in jail, 2 years probation and sex offender registration. Douglas County District Judge J Russell Derr sentenced Camden Stutheit to those terms after he plead guilty to 3rd degree sexual assault, a misdemeanor in Nebraska, for the crime, which took place in August 2008.
Stutheit, then 19, Evan M. Block, Eric D. Jones and several other teenagers — most of them Millard West High School graduates — had gathered at the victim's home to party on the weekend before they were to report for the first semester at the University of Nebraska-Lincoln.
The woman arrived home and, angry that her son had thrown a party, kicked everyone out.
After lingering outside for a while, Block, Stutheit and Jones decided to sneak into a bedroom of the woman's house, authorities say. Testimony and police interviews indicated all three took turns fondling the woman's breasts — and Stutheit admitted penetrating her with a finger.
Block was acquitted of first-degree sexual assault charges after a weeklong trial in May. Jones testified against Block and wasn't charged.
His attorney, Alan Stoler, said Stutheit is remorseful for his actions and has made changes. Stutheit, who was drunk that night, hasn't had a drop since, Stoler said.
Stoler said the probation office tested him to see if he had any sexual addictions — and determined that he does not. Put simply, Stoler said, Stutheit's behavior is something that will not be repeated. The probation office recommended he be placed on probation. “I'm very comfortable in saying I don't expect to ever see Camden Stutheit anywhere near this sort of situation for the rest of his life,” Stoler said.
Stutheit, in his second year at UNL, has been diligent in his studies and his job, Stoler said. The judge allowed Stutheit to report to the Douglas County Jail to begin his 30-day term on Dec. 21, just after his first semester. “I just wanted to say I (am) extremely sorry to the victim,” Stutheit said. “I'm extremely remorseful, and nothing like this will ever happen again.”
Judge Derr told Stutheit that “The facts in this case are fairly egregious. I'm very cognizant of the victim in this case. On the other hand, you have absolutely no record.” Douglas County Attorney Don Kleine said the outcome of this case is "disturbing" and that his office failed to go for a felony conviction on the guilty plea. "The results are bothersome. The level of responsibility and the accountability that they were held to aren't enough for what was done to this woman.”
The victim, who said that the case “stirs up too much in me,” did not attend Stutheit's sentencing. “I've got to put this behind me, because it's really affected me. But at least somebody got something.” In response to her case, a Nebraska lawmaker has filed a bill making sexual abuse of a vulnerable adult a felony. That should be done. No one should be able to get away with what was done to me.”
Sunday, December 6, 2009
Groping police officer pleads no contest to sexual abuse of women
A former San Leandro police officer has plead no contest to two counts of false imprisonment - a felony and a misdemeanor count - for groping two women while on the job. Forty-five year old Greg Cannedy was sentenced to 6 months home detention and 18 months probation by Judge Kevin Murphy of Alameda County Superior Court.
The misdemeanor charge came in the case of Jennifer Acuna, who Cannady abused while she was in her kitchen back in September 2006. He leaned over her body, began to kiss her, then put his hand over her crotch. The felony charge came after Cannady repeatedly showed up at Starlah Burke's house between May and December 2005, asking for sex, culminating with the groping of Burke during a traffic stop. Acuna and Burke were awarded damages of over $90,000 by the city of San Leandro.
Cannedy's attorney Michael Rains said that he believed that the allegations against Burks had no merit.
The misdemeanor charge came in the case of Jennifer Acuna, who Cannady abused while she was in her kitchen back in September 2006. He leaned over her body, began to kiss her, then put his hand over her crotch. The felony charge came after Cannady repeatedly showed up at Starlah Burke's house between May and December 2005, asking for sex, culminating with the groping of Burke during a traffic stop. Acuna and Burke were awarded damages of over $90,000 by the city of San Leandro.
Cannedy's attorney Michael Rains said that he believed that the allegations against Burks had no merit.
Saturday, December 5, 2009
Final defendants in Meredith Kercher sex slay sentenced to decades behind bars
The case of the murder of Meredith Kercher came to an end, but not the end when the last defendants, Amanda Knox and her boyfriend, Raffaele Sollecito were convicted of her murder and rape in a Perugia, Italy courtroom yesterday. Perugia, the capital of Italy's Umbria region, is 125 miles north of Rome. The jury, which consisted of six lay jurors guided by two judges, found Knox and Sollecito guilty of the rape and murder of Kercher, from Coulsdon, Surrey, England just after midnight local time (5 PM Central Standard Time). They deliberated for 11 hours straight. Knox was sentenced to 26 years and Sollecito was sentenced to 25 years immediately after the verdict was rendered. Knox and Kerchner were students at Perugia's University For Foriegners.
Miss Kercher had spent the evening of November 1 [2007], at the home of her friend Sophie Purton, watching the romantic drama The Notebook before returning home at around 9pm, saying she was tired. Her flatmates were all staying elsewhere that night and she was alone in the house.
Her body was discovered at 1.15pm the next day, by which time Knox and her Italian boyfriend, Sollecito, had arrived at the house. "It is something I never hope to see again," Sollecito told reporters the following day. "There was blood everywhere and I couldn't take it all in. My girlfriend (Knox) was crying and screaming, 'How could anyone do this?'"
Finding the front door open, a window broken and bloodstains in a bathroom, [police] forced open the locked door of Miss Kercher's bedroom to find her body in a pool of blood on the floor, mostly hidden under a duvet and naked except for a T-shirt yanked up around her armpits.
The injuries on her body suggested she had been forced to kneel, with her face pushed into the floor, and raped at knifepoint before being killed by a combination of strangulation and three deep stab wounds to her neck.
Police were under immense pressure to solve the murder, and within three days suspicion had begun to fall on Knox, whose behaviour had struck police as distinctly odd when she was asked to give a witness statement.
While Miss Kercher's other friends had been distraught and tearful, Knox appeared entirely detached and showed no signs of distress, even performing cartwheels and doing the splits while she was waiting to be questioned.
She also changed her mind about where she had been on the night of the murder - at first she said she had been at Sollecito's flat, smoking marijuana and watching a film. Then she said she was confused and might have been at the flat at the same time as Miss Kercher. Put under pressure by police, who had discovered text messages on her phone to bar owner Patrick Lumumba, she eventually said she had been in the flat when Miss Kercher was murdered, and heard her scream after Mr Lumumba went into the bedroom with her.
Mr Lumumba was immediately arrested on suspicion of murder, as was Sollecito, whose shoes appeared to match a bloody footprint found at the scene.
But less than a fortnight later, the investigation took another incredible turn. Police announced that they were looking for a fourth suspect, a local drifter called Rudy Guede, whose DNA had been found all over the murder scene, including in a bloody fingerprint and in samples which showed he had either raped Miss Kercher or had consensual sex with her.
Guede, now 22, was convicted of murder and sexual assault at a fast-track trial last year, while Mr Lumumba, who had a cast-iron alibi, was released after police admitted he was entirely innocent.
Jurors accepted the prosecution's arguments that Knox, who called herself "Foxy Knoxy," recruited her "boyfriend," who she had met only a week prior to Kercher's murder, and 22 year old Guede to take part in a sex game. The "manipulative, narcissistic, sexual thrill-seeker" did this as revenge for criticism that she wasn't pulling her weight doing chores and homework, and was bringing strange men back to the house they all shared. Kercher was held down by Sollecito while Guede tried to rape her. Kercher was killed by Knox with a knife that Knox held to the victim's neck.
The conflicting accounts of the events surrounding the murder, as well as the DNA evidence were enough to bring Meredith's killers to justice. Knox claimed that she had been at Sollecito's house, but cell phone records showed ther were near the murder scene, with their phones turned off around the time of the slaying. Sollecito claimed that he couldn't remember if he was at the crime scene with Knox, but others confirmed that there were in the house at the time of the murder.
In addition, Knox's DNA was found on the alleged murder weapon, a knife which was washed shortly after the murders, Sollecito's DNA was found on Kercher's bra, and Guede's DNA was found all over the crime scene, including inside's Kerchner's vagina. Guede was found guilty of raping and murdering Kercher last year at a fast track trial and sentenced to 30 years. He opted for the fast track to get his maximum sentence slashed by 2/3 over a regular Italian trial. Guede's separate trial also prevented the other defendant's lawyers from trying to get their clients off by accusing him during a joint trial.
Besides murder and rape, Knox and Sollecito were convicted of unlawful possession of a weapon (the knife) and staging a crime scene (the crime scene was staged to look like an intruder had broke in). They were ordered to pay a million euros to Kercher's parents and 800,000 euros to Kerchner's three siblings as compensation. Knox was also ordered to pay 40,000 euros to her boss, the bartender Patrick Lumumba for defamation.
At a conference held earlier this morning, Kercher's family said that they were pleased with the verdict, but it would not bring back their daughter and sister.
Meredith's brother Lyle said at the press conference, "Ultimately we are pleased with the verdict... It's not a time for celebration. It's not a moment of triumph. We are all gathered here because our sister was brutally murdered and taken away from us. Of course, there were two very young people who have been sentenced yesterday to a very long time behind bars."
Her other brother John said "Everyone in this room associates Meredith with a tragic event but we would prefer not to remember her in that way. We would like to concentrate on the 21 years that we had with her."
Meredith's mother Arline thanked the judge, jury, and prosecutors for giving her daughter justice, but said that "At the end of the day you have to go on the evidence because there's nothing else."
Knox's mother, Edda Mellas, said that "Amanda like the rest is extremely disappointed, upset about the decision. We told her that she's gonna get out of here. It's gonna take a little longer." Her father Curt Knox said that "I just looked at them; I looked at the jurors."
He then said he thought to himself: "'How could you even do this with what was presented in the court of law?'"
"She couldn't sleep all night," said lawyer Luciano Ghirga, who spent an hour with Knox at her jail just outside Perugia on Saturday morning. "She's worried for her parents, too, but she is keeping the faith needed for the next steps."
Knox's father said that he would fight for his daughter when asked by a reporter. That fight will come in an appeal, which in Italy, is conducted with the same judge and jury (but different prosecutors) as the original trial. Italian appeals can not start until 90 days after the trial, and can take up to 2 years. Alessandro Canali, a Seattle Lawyer who practices in Rome, said that "She got four years less without the benefit of the short trial. Someone on the jury thought she was not on the same level as Guede."
Italian juries have only to reach majority consensus. Each of the eight jurors imposes a sentence they believe proper, from life down to acquittal, Canali said. The ultimate sentence given is the maximum that at least five of the jurors will support.
Sollecito is also appealing his sentence.
Florida mom's killer, rapist found guilty - jurors recommend death penalty, judge hands it down
(Original Post 8-30-09)
The murderer of a Florida mother of two will face the same jury which convicted him last Friday to learn whether his death inside prison will come through an executioner's needle, or by natural (or inmate) causes. Thirty-eight year old Michael King, a plumber (or more accurately, former plumber) and dad of two, was convicted of the January 17, 2008 kidnapping, rape, and murder of 21 year old Denise Amber Lee, a detective's daughter, from her own home. The Florida Jury deliberated for 2 1/2 hours Friday, August 28 before finding Michael King guilty as charged.
Lee was kidnapped from her own home that winter afternoon after breastfeeding her sons. She made sure that the boys were left behind unharmed before King trained his gun on her.
Witnesses, including King's cousin, help determine the movements of King before and during the kidnapping. Jennifer Eckert, 24, saw the green Camaro King drove circle the neighborhood between 1 & 2 PM before King abducted his victim. Harold Muxlow, King's cousin, stated King stopped by his house to borrow a flashlight, gas can, and shovel. Muxlow also heard Lee say "call the cops" but King told his cousin it was nothing.
The most damming evidence came from calls Lee made after she grabbed her captor's cell phone. Like a detective's daughter, Lee used the phone to tell police that she was benng kidnapped.
Lee used one of King's cell phones to call 911 as she was driven across three counties. As the six-minute tape was played for the jury, her voice sounded tremulous at times, and frantic at others.
The call came in at 6:14 p.m. on January 17. A 911 operator repeatedly said "Hello," and Lee was heard pleading with her captor: "I'm sorry. I just want to see my family. ... I just want to see my family again. Please. ... Oh please, I just want to see my family again. Let me go."
The man, whose voice was identified in court as King's, cursed at her for trying to attract attention. A radio played loudly in the background. The 911 operator asked her address. Eventually, Lee managed to say, "My name is Denise. I'm married to a beautiful husband and I just want to see my kids again. ... Please, God, please protect me."
The 911 operator asked where she was, and then whether she knew the man. The operator asked if she knew her location. "Please just take me to my house. Can you take me home?" Lee said. The connection was then lost.
Sixteen minutes later, driver Jane Kowalski called 911 to report what she thought was a child abduction. She said she was stopped at a light and could hear screaming from another car "and not a happy scream, a get-me-out-of-here scream."
She testified that she saw someone banging on the car window, slapping her hand hard to demonstrate. "It was very loud," she told the jury. "It was completely horrific, terrified, panicky. I can't think of enough words, it was terrible."
She followed the car for a while, but lost it. Police quickly traced Lee's call to King's cell phone, and were looking for him. But Kowalski's call was never passed on to officers.
The victim took off of her wedding ring and pulled out her hair, leaving more evidence behind. Thar hair, blood, duct tape, and semen were collected from King's Camaro and his home and helped link the perpetrator to his victim. The defense never disputed that the rape and kidnapping occurred, but tried to absolve their client of the murder by stating only gun shells were found, not the actual weapon.
The death penalty phase of the trial will start Tuesday.
During that penalty phase, jurors will hear from King and Lee’s families.Two of King’s brothers will ask that he be spared the death penalty because he has no history of violence and he is the father of a 12-year-old boy.
Lee’s family, including her widower Nate Lee and her father Rick Goff, will ask that King be put to death. The men will talk about how Lee doted over her two sons, Adam, 2, and Noah, 3 1/2.
The jury will recommend a sentence, and the final decision rests with Judge Deno Economou, who will give a great deal of weight to the jury’s recommendation.
This is what the victim's parents had to say after the guilty verdict.
Susan Goff said "I just feel like a big weight has been lifted off of my shoulders. Justice was served." Rick Goff, the Charlotte County detective, said that "The next step we're going to go up there and watch him get the needle put in his arm -- sending him to the place where he belongs -- totally opposite from the place Denise is at. That's where we want him, and we can't send him there fast enough."
(Update 9-6-09) Florida jurors voted unanimously to send King to death row, taking less than three hours to do so. Jurors were not impressed by the defense's view that a childhood sledding accident damaged King's brain and caused poor impulse control. Jurors credited the 911 call by Denise and King's borrowing of tools needed to bury Denise after shooting her to death as factors in handing down the death recommendation.
Pat O'Quinn, one of the jurors, stated that "I think he gave her a death sentence when he got the shovel, and the flashlight, and the gas can." A second juror, Marcia Burns, stated that the evidence Denise left behind played a major factor. "I don't know a normal person would be able to do that. The family needs to be extremely proud." Jury consultant Art Patterson also agreed with Burns' assessment.
"You have a smoking gun. The emotion of hearing a woman plead for her life. They get comfort in knowing this guy was so horrible and they know for sure what he was doing to her."
King was described as a good father of a 13-year-old son, a good boyfriend and a good plumber, who led a life as a good citizen until one terrible decision.
Juror Jean Burgess said the decision to convict was quick and overwhelming; the decision to send King to his death was equally decisive -- but more difficult to make.
Nancy Bates, the victim's grandmother, stated that "Michael King is going to burn in hell. Forever and ever and ever." Rick Goff, the victim's father, stated that "I can't say enough. This is how the criminal justice system is supposed to work."
The death penalty vote is just a recommendation. King will be sentenced at a later date, but in Florida, judges are required to give "great weight" to a jury decision - something enhanced if that decision is unanimous.
(Update 12-5-09) King was formally sentenced to death by Judge Economou yesterday afternoon. In a hearing which went on for about half an hour, he weighed aggravating and mitigating factors. Aggravating factors which carried great weight included the murder being carried out after rape and kidnapping, being "especially heinous, atrocious, and cruel," which includes inflicting fear on the victim, and murders occuring in a "cold, calculated, premeditated" manner, and the murder occurred to eliminate a witness.
Mitigating factors given moderate weight included that King was impaired due to a brain injury due to a sleeding accident back in 1978, and an IQ averaging around 80 and lack of previous criminal history. Mitigating factors given little weight included King being a responsible father and boyfriend, his divorce, and taking special needs classes as a minor.
The father of the victim said that justice was served in the case. "Justice is served. We had faith in the judicial system," Rick Goff, Lee's father said. "Without her, we'd still be looking for her, still be looking for him. She's the one that turned us onto him directly from her 911 call...I just want to tell Michael King you're a coward; you got what you deserved coming. And Denise is a lot better person than you and she's going to put you in the place where you belong, which I believe is hell, is where you're going to be."
Her mother, Susan Goff, said that King's death sentence would not give closure, but his execution would do so. "It isn't over. It won't be over until the day Michael King dies. That's the day we'll have closure."
Nathan Lee, Denise King's widower, said this in his statement below:
Today the man who kidnapped, raped and killed my wife, Denise Amber Lee, was sentenced to death. People have asked me if I'm happy about the sentencing. Happy isn't the right word. Whether he was sentenced to life in prison or the death penalty, that man's life is over. He can't destroy another family. That's justice for Denise and some closure for our family.
Denise should be alive today, going to soccer games, planning birthday parties and having date nights. But she's not and nothing is going to bring her back, which is something we have to live with every day.
We have some closure, and now we'll focus on making sure that Denise's death will not be in vain. Dispatchers on duty when my wife was killed failed to properly handle 911 calls that would have saved her life. Now I am working hard (through a foundation we started in her name) for a national standard in training, procedures and policies so that when you dial 911, you get the help you need.
Finally, I want to thank everyone, my family, Denise's family and our friends, for everything they have done to support and help us. I would also like to thank you, the media, for the respect you have shown to our family during this difficult time."
The murderer of a Florida mother of two will face the same jury which convicted him last Friday to learn whether his death inside prison will come through an executioner's needle, or by natural (or inmate) causes. Thirty-eight year old Michael King, a plumber (or more accurately, former plumber) and dad of two, was convicted of the January 17, 2008 kidnapping, rape, and murder of 21 year old Denise Amber Lee, a detective's daughter, from her own home. The Florida Jury deliberated for 2 1/2 hours Friday, August 28 before finding Michael King guilty as charged.
Lee was kidnapped from her own home that winter afternoon after breastfeeding her sons. She made sure that the boys were left behind unharmed before King trained his gun on her.
Witnesses, including King's cousin, help determine the movements of King before and during the kidnapping. Jennifer Eckert, 24, saw the green Camaro King drove circle the neighborhood between 1 & 2 PM before King abducted his victim. Harold Muxlow, King's cousin, stated King stopped by his house to borrow a flashlight, gas can, and shovel. Muxlow also heard Lee say "call the cops" but King told his cousin it was nothing.
The most damming evidence came from calls Lee made after she grabbed her captor's cell phone. Like a detective's daughter, Lee used the phone to tell police that she was benng kidnapped.
Lee used one of King's cell phones to call 911 as she was driven across three counties. As the six-minute tape was played for the jury, her voice sounded tremulous at times, and frantic at others.
The call came in at 6:14 p.m. on January 17. A 911 operator repeatedly said "Hello," and Lee was heard pleading with her captor: "I'm sorry. I just want to see my family. ... I just want to see my family again. Please. ... Oh please, I just want to see my family again. Let me go."
The man, whose voice was identified in court as King's, cursed at her for trying to attract attention. A radio played loudly in the background. The 911 operator asked her address. Eventually, Lee managed to say, "My name is Denise. I'm married to a beautiful husband and I just want to see my kids again. ... Please, God, please protect me."
The 911 operator asked where she was, and then whether she knew the man. The operator asked if she knew her location. "Please just take me to my house. Can you take me home?" Lee said. The connection was then lost.
Sixteen minutes later, driver Jane Kowalski called 911 to report what she thought was a child abduction. She said she was stopped at a light and could hear screaming from another car "and not a happy scream, a get-me-out-of-here scream."
She testified that she saw someone banging on the car window, slapping her hand hard to demonstrate. "It was very loud," she told the jury. "It was completely horrific, terrified, panicky. I can't think of enough words, it was terrible."
She followed the car for a while, but lost it. Police quickly traced Lee's call to King's cell phone, and were looking for him. But Kowalski's call was never passed on to officers.
The victim took off of her wedding ring and pulled out her hair, leaving more evidence behind. Thar hair, blood, duct tape, and semen were collected from King's Camaro and his home and helped link the perpetrator to his victim. The defense never disputed that the rape and kidnapping occurred, but tried to absolve their client of the murder by stating only gun shells were found, not the actual weapon.
The death penalty phase of the trial will start Tuesday.
During that penalty phase, jurors will hear from King and Lee’s families.Two of King’s brothers will ask that he be spared the death penalty because he has no history of violence and he is the father of a 12-year-old boy.
Lee’s family, including her widower Nate Lee and her father Rick Goff, will ask that King be put to death. The men will talk about how Lee doted over her two sons, Adam, 2, and Noah, 3 1/2.
The jury will recommend a sentence, and the final decision rests with Judge Deno Economou, who will give a great deal of weight to the jury’s recommendation.
This is what the victim's parents had to say after the guilty verdict.
Susan Goff said "I just feel like a big weight has been lifted off of my shoulders. Justice was served." Rick Goff, the Charlotte County detective, said that "The next step we're going to go up there and watch him get the needle put in his arm -- sending him to the place where he belongs -- totally opposite from the place Denise is at. That's where we want him, and we can't send him there fast enough."
(Update 9-6-09) Florida jurors voted unanimously to send King to death row, taking less than three hours to do so. Jurors were not impressed by the defense's view that a childhood sledding accident damaged King's brain and caused poor impulse control. Jurors credited the 911 call by Denise and King's borrowing of tools needed to bury Denise after shooting her to death as factors in handing down the death recommendation.
Pat O'Quinn, one of the jurors, stated that "I think he gave her a death sentence when he got the shovel, and the flashlight, and the gas can." A second juror, Marcia Burns, stated that the evidence Denise left behind played a major factor. "I don't know a normal person would be able to do that. The family needs to be extremely proud." Jury consultant Art Patterson also agreed with Burns' assessment.
"You have a smoking gun. The emotion of hearing a woman plead for her life. They get comfort in knowing this guy was so horrible and they know for sure what he was doing to her."
King was described as a good father of a 13-year-old son, a good boyfriend and a good plumber, who led a life as a good citizen until one terrible decision.
Juror Jean Burgess said the decision to convict was quick and overwhelming; the decision to send King to his death was equally decisive -- but more difficult to make.
Nancy Bates, the victim's grandmother, stated that "Michael King is going to burn in hell. Forever and ever and ever." Rick Goff, the victim's father, stated that "I can't say enough. This is how the criminal justice system is supposed to work."
The death penalty vote is just a recommendation. King will be sentenced at a later date, but in Florida, judges are required to give "great weight" to a jury decision - something enhanced if that decision is unanimous.
(Update 12-5-09) King was formally sentenced to death by Judge Economou yesterday afternoon. In a hearing which went on for about half an hour, he weighed aggravating and mitigating factors. Aggravating factors which carried great weight included the murder being carried out after rape and kidnapping, being "especially heinous, atrocious, and cruel," which includes inflicting fear on the victim, and murders occuring in a "cold, calculated, premeditated" manner, and the murder occurred to eliminate a witness.
Mitigating factors given moderate weight included that King was impaired due to a brain injury due to a sleeding accident back in 1978, and an IQ averaging around 80 and lack of previous criminal history. Mitigating factors given little weight included King being a responsible father and boyfriend, his divorce, and taking special needs classes as a minor.
The father of the victim said that justice was served in the case. "Justice is served. We had faith in the judicial system," Rick Goff, Lee's father said. "Without her, we'd still be looking for her, still be looking for him. She's the one that turned us onto him directly from her 911 call...I just want to tell Michael King you're a coward; you got what you deserved coming. And Denise is a lot better person than you and she's going to put you in the place where you belong, which I believe is hell, is where you're going to be."
Her mother, Susan Goff, said that King's death sentence would not give closure, but his execution would do so. "It isn't over. It won't be over until the day Michael King dies. That's the day we'll have closure."
Nathan Lee, Denise King's widower, said this in his statement below:
Today the man who kidnapped, raped and killed my wife, Denise Amber Lee, was sentenced to death. People have asked me if I'm happy about the sentencing. Happy isn't the right word. Whether he was sentenced to life in prison or the death penalty, that man's life is over. He can't destroy another family. That's justice for Denise and some closure for our family.
Denise should be alive today, going to soccer games, planning birthday parties and having date nights. But she's not and nothing is going to bring her back, which is something we have to live with every day.
We have some closure, and now we'll focus on making sure that Denise's death will not be in vain. Dispatchers on duty when my wife was killed failed to properly handle 911 calls that would have saved her life. Now I am working hard (through a foundation we started in her name) for a national standard in training, procedures and policies so that when you dial 911, you get the help you need.
Finally, I want to thank everyone, my family, Denise's family and our friends, for everything they have done to support and help us. I would also like to thank you, the media, for the respect you have shown to our family during this difficult time."
Thursday, December 3, 2009
Four year Portland police veteran sentenced to 6 months in jail for harassing calls to women, girls
A former Portland, OR police officer was sentenced to 6 months in jail Monday, November 30, 2009 for obscene telephone calls directed against other police officers and relatives, including a 14 year old girl. Twenty-eight year old Joseph Wild was sentenced to 6 months in jail and 5 years of probation by on 15 counts of official misconduct, 5 counts of telephonic harassment and a count for menacing.
Multnomah County Judge Kenneth R. Walker also placed Wild under a permanent restraining order all victims, including his sister in law and his youngest victim, a 14 year old girl. Judge Walker ordered him to undergo counseling, 180 hours of community service, and an exit interview with the Portland police force's psychologist. Wild lost his police certification and is barred from using pornography.
Wild was accused of repeatedly making sexually-explicit phone calls to 10 females, including to two female police recruits and a 14-year-old relative, between November 2008 and April 2009. During some calls, he threatened to rape the women or told them he wanted to see them naked, according to court documents.
The Wild case began Feb. 2 when three women police cadets at the state police academy reported receiving harassing phone calls. Even after Portland detectives began a criminal inquiry, Wild used his bureau-issued cell phone to make more than 50 calls to his teenage relative between Feb. 24 and April 23, calls the 14-year-old told investigators made her extremely frightened and made her cry, court records show.
Wild, who worked North Precinct, was arrested on June 12. As Wild faced indictment that month, Police Chief Rosie Sizer said the organization was "both embarrassed and feels betrayed by the allegations," and pushed for the ability to give polygraph tests to police applicants, which would need legislative approval.
Other victims included a woman who Wild met while investigating a domestic violence call, and a 16 year old girl who Wild had driven to a center for missing teens.
Some on his victims testified at the sentencing, including his aunt, Amy Prazeau. Prazeau said that she is unable to forgive Wild and wishes that he had died in the line of duty instead. She told the court about how the obscene calls led her to lock herself and her 5 year old son in her bedroom with a baseball bat. The betrayal was compounded by Wild's offer to "monitor" the caller even though it was him.
John Snell, father of another victim (and Wild's father-in-law), said that disgusted with Wild, "I find it very disturbing that you would be able to be face to face with our family a few hours after making the calls and act like the perfect husband, brother-in-law and son-in-law that you wanted everyone to believe you were."
The 14 year old girl's statement, read by her attorney Erin Olsen, stated that "You called me and said things I never thought I'd hear – especially from you, a cop, a husband, a brother, a son and a friend. You can't imagine how it feels to know somebody you loved and trusted took advantage of you in such horrific ways."
Multnomah County Judge Kenneth R. Walker also placed Wild under a permanent restraining order all victims, including his sister in law and his youngest victim, a 14 year old girl. Judge Walker ordered him to undergo counseling, 180 hours of community service, and an exit interview with the Portland police force's psychologist. Wild lost his police certification and is barred from using pornography.
Wild was accused of repeatedly making sexually-explicit phone calls to 10 females, including to two female police recruits and a 14-year-old relative, between November 2008 and April 2009. During some calls, he threatened to rape the women or told them he wanted to see them naked, according to court documents.
The Wild case began Feb. 2 when three women police cadets at the state police academy reported receiving harassing phone calls. Even after Portland detectives began a criminal inquiry, Wild used his bureau-issued cell phone to make more than 50 calls to his teenage relative between Feb. 24 and April 23, calls the 14-year-old told investigators made her extremely frightened and made her cry, court records show.
Wild, who worked North Precinct, was arrested on June 12. As Wild faced indictment that month, Police Chief Rosie Sizer said the organization was "both embarrassed and feels betrayed by the allegations," and pushed for the ability to give polygraph tests to police applicants, which would need legislative approval.
Other victims included a woman who Wild met while investigating a domestic violence call, and a 16 year old girl who Wild had driven to a center for missing teens.
Some on his victims testified at the sentencing, including his aunt, Amy Prazeau. Prazeau said that she is unable to forgive Wild and wishes that he had died in the line of duty instead. She told the court about how the obscene calls led her to lock herself and her 5 year old son in her bedroom with a baseball bat. The betrayal was compounded by Wild's offer to "monitor" the caller even though it was him.
John Snell, father of another victim (and Wild's father-in-law), said that disgusted with Wild, "I find it very disturbing that you would be able to be face to face with our family a few hours after making the calls and act like the perfect husband, brother-in-law and son-in-law that you wanted everyone to believe you were."
The 14 year old girl's statement, read by her attorney Erin Olsen, stated that "You called me and said things I never thought I'd hear – especially from you, a cop, a husband, a brother, a son and a friend. You can't imagine how it feels to know somebody you loved and trusted took advantage of you in such horrific ways."
Wednesday, December 2, 2009
"Imperial Avenue Strangler" indicted on 11 aggravated murder charges, pleads not guilty
(Original Post 12-2-09)
The convicted rapist Anthony Sowell has been formally charged by a Cuyahoga County grand jury yesterday, December 1, with the strangulation murders of 11 Cleveland women whose decomposing bodies were found in his east Cleveland home. Sowell was formally indicted on 85 counts, including 11 counts of aggravated murder and numerous rape and kidnapping charges.
On Halloween, 2009, police investigating a rape came across numerous decomposing bodies after investigating a rape complaint. 11 bodies were found in various stages of decomposition after a police search. Police determined that most of the women died of strangulation because their bodies still had binds and ligatures on them.
Ten of the "Imperial 11" were identified. They are Tonia Carmichael, 52; Nancy Cobbs, 45; Tishana Culver, 31; Crystal Dozier, 38; Telacia Fortson, 31; Amelda Hunter, 47; Michelle Mason, 45; Kim Yvette Smith,44; Janice Webb, 49; and Leshanda Long, 25.
In addition to charges of aggravated murder with mass murder specifications and abuse of a corpse related to each of the 11 dead women, Tuesday's indictment includes multiple counts of attempted murder, felonious assault, rape, attempted rape, kidnapping, aggravated robbery and tampering with evidence.
Some of the charges were in connection with reported attacks on women at Sowell's house on Sept. 22 and Oct. 20.
Sowell, who is being held on $6 million bond, is scheduled to be arraigned Thursday at 8:30 a.m., and to appear Wednesday before Common Pleas Judge John Sutula on a previous charge related to the September attack that drew investigators to his home.
Hidden among the slew of charges include the attempted rape of 41-year-old Gladys Wade, whose case, if properly charged by Cleveland prosecutors, almost certinly would have prevented Sowell from killing his last five victims. December 8, 2008 was the day Wade flagged down police officers, bleeding, saying that Sowell tried to rape and rob her. Only the robbery charge was presented to city prosecutors, and those charges were dropped after further investigation.
More coverage of this case can be found here.
(Update 12-4-09) Yesterday, Sowell plead not guilty by reason of insanity in the Imperial Avenue stranglings and three rapes. Cuyahoga County Common Pleas Judge Eileen Gallagher ordered Sowell held without bond, while prosecutors asked for a $14,000,000 bond. Sowell, represented by a public defender, faces ther death penalty, and his trial lawyers will be assigned Wednesday, December 9 by Judge Timothy McGinty, who will preside over the case.
Assistant County Prosecutor Rick Bombik said that Sowell was a psychopath, not insane. Quite frankly, he's a psychopath, a person void of any human empathy. That does not mean he is mentally ill. A psychopath is not insane, he's just a lousy, evil person with a personality disorder."
Case Western Reserve university professor Lewis Katz, who has taught law for four decades, said that "A sociopath, or psychopath, lives his life unaffected by the moral code and other concepts that guide the rest of us. It does not mean they are insane."
On Wednesday, FBI agents poured over Sowell's house looking for more bodies, but did not find any. This article shows the need to see the victim's as someone's daughters, sisters, and mothers.
The convicted rapist Anthony Sowell has been formally charged by a Cuyahoga County grand jury yesterday, December 1, with the strangulation murders of 11 Cleveland women whose decomposing bodies were found in his east Cleveland home. Sowell was formally indicted on 85 counts, including 11 counts of aggravated murder and numerous rape and kidnapping charges.
On Halloween, 2009, police investigating a rape came across numerous decomposing bodies after investigating a rape complaint. 11 bodies were found in various stages of decomposition after a police search. Police determined that most of the women died of strangulation because their bodies still had binds and ligatures on them.
Ten of the "Imperial 11" were identified. They are Tonia Carmichael, 52; Nancy Cobbs, 45; Tishana Culver, 31; Crystal Dozier, 38; Telacia Fortson, 31; Amelda Hunter, 47; Michelle Mason, 45; Kim Yvette Smith,44; Janice Webb, 49; and Leshanda Long, 25.
In addition to charges of aggravated murder with mass murder specifications and abuse of a corpse related to each of the 11 dead women, Tuesday's indictment includes multiple counts of attempted murder, felonious assault, rape, attempted rape, kidnapping, aggravated robbery and tampering with evidence.
Some of the charges were in connection with reported attacks on women at Sowell's house on Sept. 22 and Oct. 20.
Sowell, who is being held on $6 million bond, is scheduled to be arraigned Thursday at 8:30 a.m., and to appear Wednesday before Common Pleas Judge John Sutula on a previous charge related to the September attack that drew investigators to his home.
Hidden among the slew of charges include the attempted rape of 41-year-old Gladys Wade, whose case, if properly charged by Cleveland prosecutors, almost certinly would have prevented Sowell from killing his last five victims. December 8, 2008 was the day Wade flagged down police officers, bleeding, saying that Sowell tried to rape and rob her. Only the robbery charge was presented to city prosecutors, and those charges were dropped after further investigation.
More coverage of this case can be found here.
(Update 12-4-09) Yesterday, Sowell plead not guilty by reason of insanity in the Imperial Avenue stranglings and three rapes. Cuyahoga County Common Pleas Judge Eileen Gallagher ordered Sowell held without bond, while prosecutors asked for a $14,000,000 bond. Sowell, represented by a public defender, faces ther death penalty, and his trial lawyers will be assigned Wednesday, December 9 by Judge Timothy McGinty, who will preside over the case.
Assistant County Prosecutor Rick Bombik said that Sowell was a psychopath, not insane. Quite frankly, he's a psychopath, a person void of any human empathy. That does not mean he is mentally ill. A psychopath is not insane, he's just a lousy, evil person with a personality disorder."
Case Western Reserve university professor Lewis Katz, who has taught law for four decades, said that "A sociopath, or psychopath, lives his life unaffected by the moral code and other concepts that guide the rest of us. It does not mean they are insane."
On Wednesday, FBI agents poured over Sowell's house looking for more bodies, but did not find any. This article shows the need to see the victim's as someone's daughters, sisters, and mothers.
Tuesday, December 1, 2009
Plastic surgeon sentenced to 3 years 8 months in prison for fondling patients
A plastic surgeon who sexually exploited his patients was sentenced to 3 2/3 years in a California prison and lifetime sex offender registration yesterday. Sacramento Superior Court Judge Steve White sentenced Dr. Scott Takasugi, 56, to the sentence because three years ago, Takasugi fondled women undergoing breast surgery. Judge White said that the fondling was "planned conduct, and there was a position of trust. The doctor-patient relationship is considerable. This is one where the victims acceded reluctantly to the doctor's conduct, based upon their judgment that he was doing what was in their interests, even though it didn't seem like it to them. And they only did that because he was their doctor and they trusted him."
"I'm particularly taken by the repeat behavior involved here," the judge said. "If this were an isolated instance...and there were great contrition and full grasp of criminality, I think it would be a good case for probation. But that is not what we have here," Judge White said.
The judge said that Takasugi "created his own world" of guns, cars and sex and that he "objectified the people around him" in the process. Takasugi manipulated his victims "for his own satisfaction and amusement," White said.
The judge said, "He had created a sort of solipsistic existence," which wouldn't be criminal unto itself, until he "objectified" his victims, White said, to the point where he didn't think he did anything wrong. "These people who are players in this case, on the stage of his world, he used them for his own satisfaction, for amusement," White said.
Takasugi was supposed to have been sentenced earlier in November, but the previous court dates were postponed becase of his father's death, then a mental health hold. After he as led from the courtroom in shackles, one of his victims said that "I'm just really glad that this is done and that I can be happy again."
A second victim, Brenda Meininger, said that "I suffered anxiety going to the doctor. It was really hard for me going to the doctor alone. I break down and cry. I had to have friends come with me as moral support. I'm an adult, and that's embarrassing. I really feel like the defendant needs to spend some time in jail. It doesn't sound like he thinks that what happened was anything serious."
Takasugi plead guilty to the assaults on June 5, 2009, and he was barred from practicing medicine in California permanently.
"I'm particularly taken by the repeat behavior involved here," the judge said. "If this were an isolated instance...and there were great contrition and full grasp of criminality, I think it would be a good case for probation. But that is not what we have here," Judge White said.
The judge said that Takasugi "created his own world" of guns, cars and sex and that he "objectified the people around him" in the process. Takasugi manipulated his victims "for his own satisfaction and amusement," White said.
The judge said, "He had created a sort of solipsistic existence," which wouldn't be criminal unto itself, until he "objectified" his victims, White said, to the point where he didn't think he did anything wrong. "These people who are players in this case, on the stage of his world, he used them for his own satisfaction, for amusement," White said.
Takasugi was supposed to have been sentenced earlier in November, but the previous court dates were postponed becase of his father's death, then a mental health hold. After he as led from the courtroom in shackles, one of his victims said that "I'm just really glad that this is done and that I can be happy again."
A second victim, Brenda Meininger, said that "I suffered anxiety going to the doctor. It was really hard for me going to the doctor alone. I break down and cry. I had to have friends come with me as moral support. I'm an adult, and that's embarrassing. I really feel like the defendant needs to spend some time in jail. It doesn't sound like he thinks that what happened was anything serious."
Takasugi plead guilty to the assaults on June 5, 2009, and he was barred from practicing medicine in California permanently.
Serial kidnapper of women sentenced to 25 years prison, 15 years post release supervision
A predator who attacked three women - 19, 22, and 29 - was sentenced to 25 years in prison and 15 years of post release supervision yesterday. He recieved a 25 year sentence for the rape of two women in Herkimer County Court today. Judge Patrick Kirk sentenced Lipiec for the kidnapping and unlawful imprisonment of the older two victims.
Because he said nothing at the sentencing, including comments which would indicate remorse, Judge Kirk said that “I’m disappointed that you’re not doing that, but I’m not really surprised,” only changing his tune after he officially signed the plea agreement papers.
Lipiec previously pleaded guilty to second-degree kidnapping in connection with a Feb. 7 incident in which he gave a 29-year-old woman a ride from Tom Cavallo’s Restaurant in New Hartford and wouldn’t let her leave his truck and residence.
Lipiec also once was charged with unlawful imprisonment for offering a 22-year-old Frankfort woman a ride home late at night in early March. When Lipiec attempted to handcuff the woman, she fought him off and was allowed to leave.
On Tuesday, Kirk additionally sentenced Lipiec to 1 to 3 years in prison for possessing a filed down plastic “shank,” or knife-like device, which he tried using to chip away the wall of his cell in an attempt to escape the Herkimer County jail, prosecutors said.
Herkimer County Assistant District Attorney Jeff Carpenter said that Lipiec, who he described as a predator, caused concern because he targeted three strangers. “Anybody who targets three individual strangers, and uses the methods that he did, causes grave concern for anyone in law enforcement and our community. We know of three victims, and that’s three too many.”
Judge Michael L. Dwyer of the Onieda County, NY court sentenced David Liplec, 42, to 25 years in prison and 15 years of post release supervision for the kidnapping and rape of the 19 year old victim yesterday. Unlike the Herkimer County victims, the 19 year old attended Lipiec's sentencing.
She accepted a ride home from Lipiec on the early morning hours of January 31, after she went out to a bowling alley with friends in South Utica, NY, when Lipiec tortured and raped her. Her victim impact statement is below.
"I’ve lost my sparkle, and my ability to shine,” the woman began as she recalled how her life has spiraled into paranoia and anxiety in the 10 months since she got into Lipiec’s truck at the parking lot behind Pin-O-Rama in South Utica.
“I no longer trust anyone,” she explained. “I constantly feel everyone is out there to get me.”
Suffering from post-traumatic stress, the woman has to look for intruders under every bed and behind every door whenever she gets home, she explained. She gets angry at her family when they leave her home alone, she said, and her long-term relationship with a boyfriend recently collapsed when the pressure to cope became too much to endure.
She feels there is nobody to help make her “sane” again, not even her own family, and nobody who can understand what it’s like to look in the mirror everyday and feel “dirty, broken and scarred,” the woman said. And some mornings she wakes up with bruises and cuts on her body that she unknowingly inflicted upon herself while she slept.
She can no longer listen to the happy, bubbly songs that remind her of the normal teenager she once was, she continued. Instead, she listens to hard, angry rock music because it makes her feel comforted knowing that she’s not alone in her suffering.
In closing, the victim said that what she had before the attack "was all wasted on a person who doesn’t even deserve a name or a place in society." The judge echoed those words as he said to Lipiec "I’m not going to waste any words on you,” as he felt the perp could not understand the true magnitude of his crime.
Because he said nothing at the sentencing, including comments which would indicate remorse, Judge Kirk said that “I’m disappointed that you’re not doing that, but I’m not really surprised,” only changing his tune after he officially signed the plea agreement papers.
Lipiec previously pleaded guilty to second-degree kidnapping in connection with a Feb. 7 incident in which he gave a 29-year-old woman a ride from Tom Cavallo’s Restaurant in New Hartford and wouldn’t let her leave his truck and residence.
Lipiec also once was charged with unlawful imprisonment for offering a 22-year-old Frankfort woman a ride home late at night in early March. When Lipiec attempted to handcuff the woman, she fought him off and was allowed to leave.
On Tuesday, Kirk additionally sentenced Lipiec to 1 to 3 years in prison for possessing a filed down plastic “shank,” or knife-like device, which he tried using to chip away the wall of his cell in an attempt to escape the Herkimer County jail, prosecutors said.
Herkimer County Assistant District Attorney Jeff Carpenter said that Lipiec, who he described as a predator, caused concern because he targeted three strangers. “Anybody who targets three individual strangers, and uses the methods that he did, causes grave concern for anyone in law enforcement and our community. We know of three victims, and that’s three too many.”
Judge Michael L. Dwyer of the Onieda County, NY court sentenced David Liplec, 42, to 25 years in prison and 15 years of post release supervision for the kidnapping and rape of the 19 year old victim yesterday. Unlike the Herkimer County victims, the 19 year old attended Lipiec's sentencing.
She accepted a ride home from Lipiec on the early morning hours of January 31, after she went out to a bowling alley with friends in South Utica, NY, when Lipiec tortured and raped her. Her victim impact statement is below.
"I’ve lost my sparkle, and my ability to shine,” the woman began as she recalled how her life has spiraled into paranoia and anxiety in the 10 months since she got into Lipiec’s truck at the parking lot behind Pin-O-Rama in South Utica.
“I no longer trust anyone,” she explained. “I constantly feel everyone is out there to get me.”
Suffering from post-traumatic stress, the woman has to look for intruders under every bed and behind every door whenever she gets home, she explained. She gets angry at her family when they leave her home alone, she said, and her long-term relationship with a boyfriend recently collapsed when the pressure to cope became too much to endure.
She feels there is nobody to help make her “sane” again, not even her own family, and nobody who can understand what it’s like to look in the mirror everyday and feel “dirty, broken and scarred,” the woman said. And some mornings she wakes up with bruises and cuts on her body that she unknowingly inflicted upon herself while she slept.
She can no longer listen to the happy, bubbly songs that remind her of the normal teenager she once was, she continued. Instead, she listens to hard, angry rock music because it makes her feel comforted knowing that she’s not alone in her suffering.
In closing, the victim said that what she had before the attack "was all wasted on a person who doesn’t even deserve a name or a place in society." The judge echoed those words as he said to Lipiec "I’m not going to waste any words on you,” as he felt the perp could not understand the true magnitude of his crime.
Monday, November 30, 2009
Scorned husband gets 25 to life for slashing wife, strangling her lover's wife
A suburban Toronto man who killed the wife who cheated on him by slashing her throat and kidnapping and killing another woman was sentenced to 25 years to life Friday in a Toronto courtroom.
Christopher Little slashed the throat of his estranged wife, Julie Crocker, on February 12, 2007 in their marital bed at their home in Markham, a suburb immediately north of Toronto. To cover up this crime, just before the murder of the wife, he stalked, kidnapped, then strangled the wife of his wife's "lover", 33 year old Paula Memendez. The reason Little killed Menendez was to make it appear as it Menendez avenged herself by killing Crocker, then hanging herself. In addition, sportscaster Rick Ralph would lose his mistress and wife.
The Crown portrayed Little as angry, humiliated and utterly alone after his wife of nine years left him to begin a romantic relationship with Ralph, a radio sportscaster. However, Little, a father of two, appeared calm and spoke in a monotone through most of his four days on the witness stand in Newmarket court this month.
"I'm not an angry person," Little told the jury of six men and six women, when pressed for his reaction to his wife Crocker's repeated affairs with other men. The only flash of visible emotion during Little's testimony came when he appeared to shed tears as he described discovering the murder scenes at his home on a quiet, prosperous Markham street.
[The]court heard that Little planted a GPS tracking device in her Volvo, which he used to surprise her and Ralph when he found them together in a downtown Toronto hotel room next door to Crocker and Ralph's offices at Rogers Communications in September 2006. "Julie, I know you're in there. Rick, I know you're in there," Little said as he peered in a peephole, according to Ralph's testimony. "Let's settle this like adults."
Ralph told court that Little also threatened to call Menendez that night, not realizing that her marriage was also virtually over. Anger, not humiliation, was Crocker reaction, Ralph said. "She was mad," Ralph told court. "She said Chris had probably installed it using her money and she was going to force him to remove it."
Court heard that Little tested Crocker's clothing for semen in 2005 and again in August 2006, when he found a positive match for another man's semen on her golf shirt. That man's identity was never determined, since Ralph testified that he hadn't become intimate with Crocker at this point.
The jury did not see a videotape of Little drugging and assaulting Crocker sexually while she was unconscious.
Outside the courthouse, Judy Crocker, Julie's mother, said that her daughter was a devoted mom. "As a mother, Julie was protective and devoted to her children. They adored her and she loved them fiercely...During the trial, the individual permitted to say the most about Julie was the man who committed this horrific act of violence."
Judy Crocker said her daughter was only trying to let Little down easy, since he couldn't accept they were no longer a couple. "In fact, it was her kindness and concern for her husband, her efforts to make things easier for him, which led to the prolongation of a marriage that had been essentially over for a very long time."
Claudia Johnston, Menendez' sister said this about her sister.
"Sadly, the punishment will never be enough for any of us because it will not offset the sentence that we all have to serve. That is living our lifetimes without Paula. Despite Chris's and Mr. Rosen's deplorable efforts in spinning stories and attempts at obscuring the truth with lies, the jury was able to see past it, use their common sense and help bring some closure to our families."
Defence lawyer John Rosen argued Menendez might have been driven to end her life and the life of Crocker out of despair over her crumbling marriage to Ralph. Menendez's family said this was totally untrue.
"Paula had a great deal to look forward to. Her life had taken an unexpected turn, and while sad, she had the vision and the strength to work past this as she eagerly made plans for her future. Alternatively, Chris Little did not possess the same courage to deal with the challenges of his life and instead carried out this very cowardly act against two innocent and defenceless women."
Justice Fuerst said in passing sentence that "You slashed the throat of the woman you professed to love so severely that her head almost came off...It's difficult to imagine a greater callousness than robbing children of their mother's love."
Fuerst said about Menendez' murder that "Paula Menendez was truly an innocent player ... in a production cast and staged by you and you alone...She was facing her future with grace and courage. You saw to it that the pain you inflicted increased a thousand-fold when you sought out and publicly labelled her a homicidal, suicidal maniac day after day in this court. Let there be no mistake. Paula Menendez was your victim."
Christopher Little slashed the throat of his estranged wife, Julie Crocker, on February 12, 2007 in their marital bed at their home in Markham, a suburb immediately north of Toronto. To cover up this crime, just before the murder of the wife, he stalked, kidnapped, then strangled the wife of his wife's "lover", 33 year old Paula Memendez. The reason Little killed Menendez was to make it appear as it Menendez avenged herself by killing Crocker, then hanging herself. In addition, sportscaster Rick Ralph would lose his mistress and wife.
The Crown portrayed Little as angry, humiliated and utterly alone after his wife of nine years left him to begin a romantic relationship with Ralph, a radio sportscaster. However, Little, a father of two, appeared calm and spoke in a monotone through most of his four days on the witness stand in Newmarket court this month.
"I'm not an angry person," Little told the jury of six men and six women, when pressed for his reaction to his wife Crocker's repeated affairs with other men. The only flash of visible emotion during Little's testimony came when he appeared to shed tears as he described discovering the murder scenes at his home on a quiet, prosperous Markham street.
[The]court heard that Little planted a GPS tracking device in her Volvo, which he used to surprise her and Ralph when he found them together in a downtown Toronto hotel room next door to Crocker and Ralph's offices at Rogers Communications in September 2006. "Julie, I know you're in there. Rick, I know you're in there," Little said as he peered in a peephole, according to Ralph's testimony. "Let's settle this like adults."
Ralph told court that Little also threatened to call Menendez that night, not realizing that her marriage was also virtually over. Anger, not humiliation, was Crocker reaction, Ralph said. "She was mad," Ralph told court. "She said Chris had probably installed it using her money and she was going to force him to remove it."
Court heard that Little tested Crocker's clothing for semen in 2005 and again in August 2006, when he found a positive match for another man's semen on her golf shirt. That man's identity was never determined, since Ralph testified that he hadn't become intimate with Crocker at this point.
The jury did not see a videotape of Little drugging and assaulting Crocker sexually while she was unconscious.
Outside the courthouse, Judy Crocker, Julie's mother, said that her daughter was a devoted mom. "As a mother, Julie was protective and devoted to her children. They adored her and she loved them fiercely...During the trial, the individual permitted to say the most about Julie was the man who committed this horrific act of violence."
Judy Crocker said her daughter was only trying to let Little down easy, since he couldn't accept they were no longer a couple. "In fact, it was her kindness and concern for her husband, her efforts to make things easier for him, which led to the prolongation of a marriage that had been essentially over for a very long time."
Claudia Johnston, Menendez' sister said this about her sister.
"Sadly, the punishment will never be enough for any of us because it will not offset the sentence that we all have to serve. That is living our lifetimes without Paula. Despite Chris's and Mr. Rosen's deplorable efforts in spinning stories and attempts at obscuring the truth with lies, the jury was able to see past it, use their common sense and help bring some closure to our families."
Defence lawyer John Rosen argued Menendez might have been driven to end her life and the life of Crocker out of despair over her crumbling marriage to Ralph. Menendez's family said this was totally untrue.
"Paula had a great deal to look forward to. Her life had taken an unexpected turn, and while sad, she had the vision and the strength to work past this as she eagerly made plans for her future. Alternatively, Chris Little did not possess the same courage to deal with the challenges of his life and instead carried out this very cowardly act against two innocent and defenceless women."
Justice Fuerst said in passing sentence that "You slashed the throat of the woman you professed to love so severely that her head almost came off...It's difficult to imagine a greater callousness than robbing children of their mother's love."
Fuerst said about Menendez' murder that "Paula Menendez was truly an innocent player ... in a production cast and staged by you and you alone...She was facing her future with grace and courage. You saw to it that the pain you inflicted increased a thousand-fold when you sought out and publicly labelled her a homicidal, suicidal maniac day after day in this court. Let there be no mistake. Paula Menendez was your victim."
Sunday, November 29, 2009
Calgary, Alberta man's bail hearing on rape charges
(Original Post 5-7-08)
Obsession over a former co-worker led a city man to repeatedly rape her — and possibly contemplate killing her —a prosecutor charged today.
Crown lawyer Pat Yelle said the woman had to flee the man’s northwest Calgary home half naked, with her hands cuffed behind her back, to escape.
But defence lawyer Tonii Roulston said David Michael Gendreau has a right to be presumed innocent and will be taking his case to trial.
“I’m not going to put forward a case, I’ll save that for the trial judge,” Roulston said, at a hearing to determine if Gendreau could be released on bail.
The former supervisor with Canada Post faces charges of sexual assault and unlawful confinement in connection with an incident at his Charleswood home on Jan. 31.
Yelle told provincial court Judge Catherine Skene the woman fled Gendreau’s home after being held for nearly six hours and repeatedly raped.
The prosecutor said the woman was only able to escape when Gendreau fell asleep and she was able to loosen a rope he had tide to the handcuffs which bound her wrists behind her back.
The harrowing assault left the victim believing she would be murdered when Gendreau discussed having to go to her home to retrieve a glass which might contain his fingerprints after they had consumed beer there earlier.
“At that point she was terrified he was planning on killing her,” said Yelle.
Gendreau tied a rope to her handcuffs and laid on top of it so he could fall asleep, she said.
The woman, naked from the waist down, was able to escape to a nearby home and call police, who found Gendreau had loaded her abandoned purse and clothing into his car, said Yelle.
Roulston argued it was “sheer speculation” her client considered murdering the woman and argued there were inconstancies in her story.
The lawyer also dismissed suggestions he was obsessed with the victim, noting he has not tried to contact her while in the Calgary Remand Centre since Feb. 1.
Skene will decide this afternoon whether she’s ready to make a decision.
(Update 11-29-09) On December 18, Gendreau will be sentenced for 5 counts of sexual assault after being convicted of sexual assault and unlawful confinement. Justice Scott Brooker ruled that when he attacked his former coworker, that there were five separate sexual assaults in 5 hours, instead of the assault being treated as a single crime. Crown prosecutor Gary Cornfield stated that Gendreau's fantasies about the victim indicate planning of the attack against her.
"I find all five of those assaults took place essentially as described by the complainant," Jutice Brooker said.
Cornfield wants a prison sentence between 5 and 7 years, a permanent weapons ban, SO registration, a $100 fine, and a DNA requirement imposed on Gendreau at the sentencing. As for Gendreau, he continued to deny his involvement in the assault. "You're going to charge me, convict me, take my DNA, register me as a sex offender and then you want to fine me? For something I didn't do? Are you high?"
Obsession over a former co-worker led a city man to repeatedly rape her — and possibly contemplate killing her —a prosecutor charged today.
Crown lawyer Pat Yelle said the woman had to flee the man’s northwest Calgary home half naked, with her hands cuffed behind her back, to escape.
But defence lawyer Tonii Roulston said David Michael Gendreau has a right to be presumed innocent and will be taking his case to trial.
“I’m not going to put forward a case, I’ll save that for the trial judge,” Roulston said, at a hearing to determine if Gendreau could be released on bail.
The former supervisor with Canada Post faces charges of sexual assault and unlawful confinement in connection with an incident at his Charleswood home on Jan. 31.
Yelle told provincial court Judge Catherine Skene the woman fled Gendreau’s home after being held for nearly six hours and repeatedly raped.
The prosecutor said the woman was only able to escape when Gendreau fell asleep and she was able to loosen a rope he had tide to the handcuffs which bound her wrists behind her back.
The harrowing assault left the victim believing she would be murdered when Gendreau discussed having to go to her home to retrieve a glass which might contain his fingerprints after they had consumed beer there earlier.
“At that point she was terrified he was planning on killing her,” said Yelle.
Gendreau tied a rope to her handcuffs and laid on top of it so he could fall asleep, she said.
The woman, naked from the waist down, was able to escape to a nearby home and call police, who found Gendreau had loaded her abandoned purse and clothing into his car, said Yelle.
Roulston argued it was “sheer speculation” her client considered murdering the woman and argued there were inconstancies in her story.
The lawyer also dismissed suggestions he was obsessed with the victim, noting he has not tried to contact her while in the Calgary Remand Centre since Feb. 1.
Skene will decide this afternoon whether she’s ready to make a decision.
(Update 11-29-09) On December 18, Gendreau will be sentenced for 5 counts of sexual assault after being convicted of sexual assault and unlawful confinement. Justice Scott Brooker ruled that when he attacked his former coworker, that there were five separate sexual assaults in 5 hours, instead of the assault being treated as a single crime. Crown prosecutor Gary Cornfield stated that Gendreau's fantasies about the victim indicate planning of the attack against her.
"I find all five of those assaults took place essentially as described by the complainant," Jutice Brooker said.
Cornfield wants a prison sentence between 5 and 7 years, a permanent weapons ban, SO registration, a $100 fine, and a DNA requirement imposed on Gendreau at the sentencing. As for Gendreau, he continued to deny his involvement in the assault. "You're going to charge me, convict me, take my DNA, register me as a sex offender and then you want to fine me? For something I didn't do? Are you high?"
In New York City, DV cases proceed without victims
By COLLEEN LONG (AP) – 15 hours ago
NEW YORK — Karla Giraldo's face required about 40 stitches after an incident with her boyfriend, a New York state senator. The wife of New York TV personality Dominic Carter had a swollen lip, cut ear, and bruised body after they argued over care for their child. In both cases, the women testified in court that their partners were not guilty.
Giraldo said it was an accident after initially telling doctors her boyfriend did it on purpose, according to testimony. Carter's wife, Marilyn, said it wasn't her husband, as she claimed on a 911 call, but rather a day laborer who hit her.
Their stories are not uncommon. Experts say most victims usually recant after reporting their partners committed the abuse. As a result, the majority of domestic violence cases nationwide are prosecuted without the victim's consent or participation.
Victims, who are nearly all women, are not required to "press charges" against their alleged abusers. Law enforcement officials make the decision based on circumstance, but they face legal hurdles when the victim won't testify. To deal with such an idiosyncratic crime, prosecutors have devised other ways to handle cases. As a result, so-called family justice centers are cropping up around the country, one-stop shopping for victims of domestic violence where they can find social, economic and legal support.
In New York City, Scott Kessler runs the Queens center that prosecutes about 6,000 cases a year, more notably the trial of State Sen. Hiram Monserrate, accused of slashing Giraldo's face in a jealous rage. Kessler argued Karla Giraldo initially told medical personnel it wasn't an accident, and then changed her story when she discovered he'd be arrested. Monserrate was acquitted of the more serious charges but convicted of a lesser charge for dragging Giraldo out the foyer of his apartment in a violent scene caught on video.
Giraldo was called as a witness, where she argued it was an accident and the district attorney's office was out to get Monserrate. It's nothing new for Kessler. "When you stand up on a domestic violence case, you pretty much stand alone," he said. On his turf, the most diverse county in the country, there are many patriarchal systems, and often times the victim's family won't encourage the victim to participate.
Kessler said because he knows women generally won't participate he employs evidence-based prosecution, like photos of the injuries taken by cameras stationed at police precincts, 911 calls delivered electronically to their office and domestic violence incident reports taken by police that use checklists to determine the woman's state.
"We anticipate," he said in his office, surrounded by blown-up photos of bruised and battered women. "And in a way, it takes the pressure off the victim because we can prosecute without them. Of course, it's best if they participate."
There are myriad reasons why victims don't want to move forward with criminal cases, or even report the crime to begin with. Most want the violence to stop, but they don't want the abuser to go to jail, said Bea Hanson, chief program officer for Safe Horizon, a large, nonprofit that offers a range of services for victims of domestic violence.
"Love. Financial dependence. He's a father figure for kids. So many women often think they still may be good father despite the abuse. There are a lot of reasons," she said. "Also there's a fear of retribution. Because most cases there isn't jail time," she said.
The idea behind the family justice center is to provide a network of support for the victim, who will, theoretically, feel comfortable enough at some point to hold their abuser accountable. Services are available in one location, from help with housing to job training, orders of protection and prosecutors working on cases. There are translators who speak hundreds of languages, and there's even a play room where children can go so they don't have to hear about the case.
The centers are run by the Mayor's Office to Combat Domestic Violence. Kessler's center opened in 2008. A center in Brooklyn opened in 2005 and prosecutes 9,000 cases annually, and one will be open in the Bronx in about six months. Tens of thousands of clients visit annually. Anyone can use the services, which are free.
"It's a holistic approach," said Wanda Lucibello, who heads the Brooklyn center. "About 60 percent of the people are there because the police have been called, and someone has been arrested. But others come just to get support and assistance."
The idea started about a decade ago, and there are now 55 centers nationwide, according to Casey Gwinn, president of National Family Justice Center Alliance. Gwinn started the first center, in San Diego, in 2002. Twenty-seven organizations came together to provide victim assistance, including social workers and childcare. Gwinn said while initially victims weren't willing to participate, the more support they have, the more the confidence they get.
"They recant often because they're scared and they have no other options," he said. "But if they have resources, they don't recant."
The majority of domestic violence cases are settled outside court, and sentences range from jail time to counseling and electronic monitoring. The recent high-profile trials in New York are not the norm.
NY1 newsman Dominic Carter was convicted of third-degree attempted assault on his wife Marilyn. He is planning to appeal. In his decision, Ramapo Town Justice Arnold Etelson said he found Marilyn Carter's revised story "nothing short of preposterous." His sentencing is set for Jan. 14 and he's taken a leave of absence from the network.
Monserrate will be sentenced Dec. 4. Judge William Erlbaum, ruling in a non-jury trial, said Giraldo's testimony carried more weight than that of the medical personnel, and it had to be taken at face value.
"There are two people who have actual knowledge about what happened in that apartment," Erlbaum said. "Can one know she's not being forgiving or that she's not being compassionate? One can't know that."
NEW YORK — Karla Giraldo's face required about 40 stitches after an incident with her boyfriend, a New York state senator. The wife of New York TV personality Dominic Carter had a swollen lip, cut ear, and bruised body after they argued over care for their child. In both cases, the women testified in court that their partners were not guilty.
Giraldo said it was an accident after initially telling doctors her boyfriend did it on purpose, according to testimony. Carter's wife, Marilyn, said it wasn't her husband, as she claimed on a 911 call, but rather a day laborer who hit her.
Their stories are not uncommon. Experts say most victims usually recant after reporting their partners committed the abuse. As a result, the majority of domestic violence cases nationwide are prosecuted without the victim's consent or participation.
Victims, who are nearly all women, are not required to "press charges" against their alleged abusers. Law enforcement officials make the decision based on circumstance, but they face legal hurdles when the victim won't testify. To deal with such an idiosyncratic crime, prosecutors have devised other ways to handle cases. As a result, so-called family justice centers are cropping up around the country, one-stop shopping for victims of domestic violence where they can find social, economic and legal support.
In New York City, Scott Kessler runs the Queens center that prosecutes about 6,000 cases a year, more notably the trial of State Sen. Hiram Monserrate, accused of slashing Giraldo's face in a jealous rage. Kessler argued Karla Giraldo initially told medical personnel it wasn't an accident, and then changed her story when she discovered he'd be arrested. Monserrate was acquitted of the more serious charges but convicted of a lesser charge for dragging Giraldo out the foyer of his apartment in a violent scene caught on video.
Giraldo was called as a witness, where she argued it was an accident and the district attorney's office was out to get Monserrate. It's nothing new for Kessler. "When you stand up on a domestic violence case, you pretty much stand alone," he said. On his turf, the most diverse county in the country, there are many patriarchal systems, and often times the victim's family won't encourage the victim to participate.
Kessler said because he knows women generally won't participate he employs evidence-based prosecution, like photos of the injuries taken by cameras stationed at police precincts, 911 calls delivered electronically to their office and domestic violence incident reports taken by police that use checklists to determine the woman's state.
"We anticipate," he said in his office, surrounded by blown-up photos of bruised and battered women. "And in a way, it takes the pressure off the victim because we can prosecute without them. Of course, it's best if they participate."
There are myriad reasons why victims don't want to move forward with criminal cases, or even report the crime to begin with. Most want the violence to stop, but they don't want the abuser to go to jail, said Bea Hanson, chief program officer for Safe Horizon, a large, nonprofit that offers a range of services for victims of domestic violence.
"Love. Financial dependence. He's a father figure for kids. So many women often think they still may be good father despite the abuse. There are a lot of reasons," she said. "Also there's a fear of retribution. Because most cases there isn't jail time," she said.
The idea behind the family justice center is to provide a network of support for the victim, who will, theoretically, feel comfortable enough at some point to hold their abuser accountable. Services are available in one location, from help with housing to job training, orders of protection and prosecutors working on cases. There are translators who speak hundreds of languages, and there's even a play room where children can go so they don't have to hear about the case.
The centers are run by the Mayor's Office to Combat Domestic Violence. Kessler's center opened in 2008. A center in Brooklyn opened in 2005 and prosecutes 9,000 cases annually, and one will be open in the Bronx in about six months. Tens of thousands of clients visit annually. Anyone can use the services, which are free.
"It's a holistic approach," said Wanda Lucibello, who heads the Brooklyn center. "About 60 percent of the people are there because the police have been called, and someone has been arrested. But others come just to get support and assistance."
The idea started about a decade ago, and there are now 55 centers nationwide, according to Casey Gwinn, president of National Family Justice Center Alliance. Gwinn started the first center, in San Diego, in 2002. Twenty-seven organizations came together to provide victim assistance, including social workers and childcare. Gwinn said while initially victims weren't willing to participate, the more support they have, the more the confidence they get.
"They recant often because they're scared and they have no other options," he said. "But if they have resources, they don't recant."
The majority of domestic violence cases are settled outside court, and sentences range from jail time to counseling and electronic monitoring. The recent high-profile trials in New York are not the norm.
NY1 newsman Dominic Carter was convicted of third-degree attempted assault on his wife Marilyn. He is planning to appeal. In his decision, Ramapo Town Justice Arnold Etelson said he found Marilyn Carter's revised story "nothing short of preposterous." His sentencing is set for Jan. 14 and he's taken a leave of absence from the network.
Monserrate will be sentenced Dec. 4. Judge William Erlbaum, ruling in a non-jury trial, said Giraldo's testimony carried more weight than that of the medical personnel, and it had to be taken at face value.
"There are two people who have actual knowledge about what happened in that apartment," Erlbaum said. "Can one know she's not being forgiving or that she's not being compassionate? One can't know that."
Thursday, November 26, 2009
Drifter sentenced to 34 to life for rape of hiker
A rapist who attacked a hiker on Stinson Beach, CA, was sentenced to 34 years to life in prison Tuesday. The sexual attack occured in August 2005, when Terry Ray Hawes, 46, met her at a market. Hawes followed her back to her campsite where he assaulted and detained her. He was arrested August 31 at a Santa Cruz homeless shelter.
In December 2005, Hawes was declared mentally incompetent to stand trial and sent to Atascadero State Hospital for treatment. In June 2006, Judge Kelly Simmons declared him stable enough to be tried and set a trial date.
In December 2006, a jury ruled that Hawes was still mentally incompetent, and criminal proceedings were suspended again. Hawes was sent back to the mental hospital for further treatment.
After a trial earlier this year, a jury convicted him of assault to commit rape, attempted rape, criminal threats, and other counts but was deadlocked 11-1 on a count of penetration with a foreign object causing great bodily injury. He was retried on the penetration charge and was convicted by the second jury.
Deputy District Attorney Aicha Mievis said that
"The victim suffered immeasurable fear and dehumanizing brutality. He beat her, knocked her unconscious, threatened to rape her dead or alive and alluded to dismembering her. He then assaulted her sexually several times throughout the night. But amazingly she survived, and today justice was served for her. She is a hero. She showed extraordinary courage, not only during her nightmare at the hands of the defendant but in having to testify in two separate jury trials."
The victim, now 32, who was not at the sentencing, said in a phone interview that "It's nice to know I can finally put it behind me. I was just hoping he wouldn't be able to hurt anyone else. As long as he's off the streets, I'm happy."
Jon Rankin, Hawes' defense attorney, said that "I think it's unfortunate that someone with mental issues that were never fully addressed was ultimately a subject of the criminal justice system," Rankin said. "Unfortunately, there's no place between the streets and prison these days."
In December 2005, Hawes was declared mentally incompetent to stand trial and sent to Atascadero State Hospital for treatment. In June 2006, Judge Kelly Simmons declared him stable enough to be tried and set a trial date.
In December 2006, a jury ruled that Hawes was still mentally incompetent, and criminal proceedings were suspended again. Hawes was sent back to the mental hospital for further treatment.
After a trial earlier this year, a jury convicted him of assault to commit rape, attempted rape, criminal threats, and other counts but was deadlocked 11-1 on a count of penetration with a foreign object causing great bodily injury. He was retried on the penetration charge and was convicted by the second jury.
Deputy District Attorney Aicha Mievis said that
"The victim suffered immeasurable fear and dehumanizing brutality. He beat her, knocked her unconscious, threatened to rape her dead or alive and alluded to dismembering her. He then assaulted her sexually several times throughout the night. But amazingly she survived, and today justice was served for her. She is a hero. She showed extraordinary courage, not only during her nightmare at the hands of the defendant but in having to testify in two separate jury trials."
The victim, now 32, who was not at the sentencing, said in a phone interview that "It's nice to know I can finally put it behind me. I was just hoping he wouldn't be able to hurt anyone else. As long as he's off the streets, I'm happy."
Jon Rankin, Hawes' defense attorney, said that "I think it's unfortunate that someone with mental issues that were never fully addressed was ultimately a subject of the criminal justice system," Rankin said. "Unfortunately, there's no place between the streets and prison these days."
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