Wednesday, June 30, 2010

Repeat felon sentenced to 2 decades in prison for pulling over, raping woman

A Frederick, MD native was sentenced to two decades in prison Wednesday, June 23 for raping a woman on her way to her cleaning job. His April trial on charges of  charges of second-degree rape, fourth-degree sexual offense, robbery, theft, false imprisonment and impersonating an officer ended after one of the jurors was unable to continue deliberations. Michael Allen Barnwell, 37, plead guilty in Washington County, MD circuit court to a charge of 2nd degree sex offense and was immediately sentenced to the 20 year term. Judge Daniel P. Dwyer presided over the sentencing and trial.

The sexual assault took place Feb. 23, 2009. Barnwell, driving a SUV, pulled up next to the woman at a traffic light in Hagerstown, MD at 4 AM. Barnwell flashed a badge, said he was a police officer and ordered her to pull over into a parking lot ordered her into his vehicle, where he made her peform oral sex and stole $100. After that, Barnwell raped her.

The woman was able to remember three numbers from the license plate of the vehicle, according to trial testimony. Hagerstown Police Detective Christopher Kayser testified at the trial that he attempted to identify the vehicle from those numbers and images captured on video surveillance cameras at the intersection where the assault began.

Barnwell was stopped in downtown Hagerstown on the morning of April 4, 2009, driving a Pontiac Torrent registered to his girlfriend, Kayser testified at the trial. As a result of an incident preceding the stop, he was charged with second-degree assault and indecent exposure, according to District Court records. He pleaded guilty to the second-degree assault charge and was sentenced to three years in prison, court records said.

According to Assistant State’s Attorney Gina Cirincion, the victim "is a woman from a foreign country where a crime of this kind is often blamed on the woman.” She did not initially report the crime and had to be coaxed into doing so by her grown daughter.  Judge Daniel P. Dwyer told Barnwell that he would have received a much stiffer sentence than 20 years if he had been convicted at trial. Barnwell is serving 8 years for a probation violation on a drug conviction in addition to the other sentences.

Tuesday, June 29, 2010

Hospital groper sentenced to 16 to 36 months in prison

A hospital groper was sentenced to a prison term of 16 months to 3 years for groping a woman he didn't know in a Lansing, MI hospital. 52 year old Rochester Terrell, a felon with prior convictions for retail fraud and posession of a gun by a felon, was sentenced as a habitual offender Wednesday, June 23 in Ingham County Circuit Court.

It was the afternoon of March 4, the woman recalled. She had gone to the emergency room because of a blood sugar problem and eventually was transferred to a private room. She was starting to drift off to sleep when 52-year-old Rochester Terrell - wearing a leather jacket over a collared shirt and dress pants - walked up to her bed and offered her the gold-and-yellow box of chocolates. "I told him, 'no, I'm a diabetic,' " she recalled.

Discreetly, so he wouldn't see, she tried to press the button that would call a nurse. But instead, the television changed channels. "I kept asking him who he wanted to see, and he said: 'Just anybody,' " the woman said.Eventually, the woman said Terrell touched her inappropriately and then tried to lift up her dress. At that point, she didn't care if he saw her press the button to call the nurse.

The victim told the nurse to "get in the room real quick." Terrell looked at the victim and asked "Why?" before packing up his stuff and leaving. Hospital security apprehended Terrell and handed him over to police.

The incident has called into question Sparrow Hospital's security.  A task force has recommended changes to the hospital's procedures. Hospital spokesman John Berg said "We're asking associates to ask questions, ask people if they are visiting, to check in and get a visitor's badge."

"Our security has a fairly active presence. The question is, how do we improve that?"

Northwest Territories sex assault case criticized as being too lenient - CBC

A Northwest Territories court ruling, in which a man was spared jail time for sexual assault, has been criticized by a women's rights advocate who says victims should be protected first. Late last week, a Fort Smith, N.W.T., man was sentenced to one year of probation after he pleaded guilty to sexually assaulting a woman in the summer of 2008. The man was 17 years old at the time of the incident, and cannot be named under the Youth Criminal Justice Act.

His lawyer, Abdul Khan, told CBC News that territorial court Judge Garth Malakoe had no choice but to keep his client out of jail, since there was no evidence of a violent assault or lasting physical or mental harm.

The court heard Thursday that the man, who was intoxicated, groped a young woman who was unconscious. The incident involved no intercourse and she was not injured, the court was told. The woman later woke up in hospital, recovering from alcohol poisoning, and had no memory of the assault, the court was told.

Crown prosecutors had called for a jail term of up to nine months, arguing that the victim had suffered psychological harm. However, Malakoe pointed out that the woman only learned of the sexual assault after she had woken up in hospital. Conditions of the man's sentence order him to undergo counselling and to have no contact with the woman.

Khan said the Youth Criminal Justice Act puts emphasis on rehabilitating young offenders, with imprisonment used as a last resort. But Arlene Haché of the Centre for Northern Families in Yellowknife said Malakoe's sentence sends the wrong message to men.

"What message does the guy get if he can just essentially just not face any punitive avenue, because he took advantage of a woman that was so totally blacked out she didn't know what was going on?" Haché told CBC News.

While Haché agreed that jail is not the best answer for some offenders, she added that a lenient legal system encourages men to re-offend and leaves women vulnerable as a result. "Still, there's nothing to replace it [jail] yet. So I'm more concerned about girls and women not being protected at this point, than I am right now about the recovery of boys and men," she said.

She pointed to another case, in which a woman in Dettah, N.W.T., is thinking of leaving town because her accused attacker is now out on bail. Haché said she is helping to design a treatment program for men who have used violence in their relationships.

Hmong immigrant receives 8 years out of 40 max for raping wife

A Wisconsin man was sentenced to 8 out of a possible 40 years imprisonment Monday, June 28 for raping his wife, the first rape being when his victim was 12. Thaying Lor, 43, was convicted of 6 counts of sexual and attempted sexual assault by Judge Kevin Martens last December. The first four counts are before Wisconsin's truth-in-sentencing law, passed in 1999.

The case began when a bailiff overheard the victim testify in her divorce early last year about how she was kidnapped, raped and essentially sold into marriage at age 12. The victim never wanted to involve police out of respect for the Hmong culture, but the bailiff alerted law enforcement and Lor was charged 10 days later. The victim testified at trial that she came here from Laos in 1989.

Two years later, when she was 12, Lor used the promise of a trip to the mall to lure her to a house where she was essentially kidnapped and raped. Later, they were wed at a Hmong marriage ceremony after negotiations among their family members. Her mother testified at Lor's trial that the girl's parents accepted a $3,000 dowry.

It was that initial kidnapping of the then 12 year old girl which led to the longest sentence, 8 years. Three other rapes which led to the birth of children received a sentence of probation, which in my opinion, is much too light a sentence.  Judge Martens sentenced Lor to 4 years in prison with 8 years of supervision for 2nd degree sexual assault of his wife in 2005, and 2 years imprisonment with 4 years extended supervision for attempted rape in 2007. All of these prison terms are consecutive, with Lor being credited for 466 days in custody.

[The case] drew nationwide attention among Hmong-Americans, who feared it could lead to unfair judgment of their culture and an upsurge in Hmong wives making similar claims years after their weddings.  Prosecutors and advocates for victims of domestic violence sought much tougher punishment, while Lor's counsel and Hmong-American groups and individuals who sent dozens of letters recommended probation.

Before sentencing, Judge Martens said that this was a difficult case, "given the number of issues I'm asked to consider on both sides." Martens also said that the trial focused on Lor's conduct, and that "It would be wrong for anyone to take this as an indictment of the Hmong community as a whole."

The victim, who is raising the couple's 6 children, did not appear for her rapist's sentencing because of death threats she received from some in her community. "They have threatened to hunt me down like a squirrel in the woods," she said. She hoped that Judge Martens would send her husband to prison to send a message to other domestic violence and marital rape victims. Judge Martens message would have been that much stronger if he had sentenced Lor to 30 years and fully taken into account the pattern of abuse which had started with a 12 year old girl.

Monday, June 28, 2010

Cook County, IL press release - Chicago female sex offender captured, imprisoned

One of Cook County’s Most Wanted has been apprehended and sentenced, Cook County Sheriff Tom Dart announced Thursday [June 24, 2010]. Tyreka Simms, 23, whose last known address was the 1500 block of West Marquette in Chicago, is accused of sexually molesting her 18-year-old mentally disabled relative in 2004. The victim contracted gonorrhea as a result of Simms’ assault. At the time, the victim’s family agreed to a sentence of 30 months sex offender probation.

On May 5th, 2008, a warrant was issued for Simms’ arrest after she violated probation and fled her home without notification. Simms’ mugshot and information was placed on the sheriff’s website as one of Cook County’s Most Wanted.

Based on a nationwide alert, Louisiana authorities apprehended Simms and returned her to Chicago on June 14th. On June 23, she was sentenced to one year imprisonment on two counts of aggravated criminal sexual assault and four counts of criminal sexual abuse/can’t consent.

Simms will be transferred to the Illinois Department of Corrections to fulfill the remainder of her sentence. She has received 303 days credit for time served while in jail in 2008.

Van driver pleads guilty to groping developmentally disabled passenger

A 67 year old van driver plead guilty to 4th degree criminal sexual conduct for groping a disabled woman with an IQ of 49 on February 23, 2009. Minnesota City, MN resident David Michael Taylor plead guilty to the 4th degree count Wednesday, June 23.

At the time of the incident, Taylor was a driver for Winona ORC Industries, a company that provides job opportunities to disabled area residents. ORC officials fired Taylor after an internal investigation. He admitted Wednesday that he kissed the woman and groped her breast. The woman told police she twice asked Taylor to stop.

Taylor admitted that he had sexual contact with the woman, but claimed that it was consensual, and admitted to police he “knew that (the victim) wasn’t all quite there.” His counsel, J.P. Plachecki, said the victim considered Taylor to be her "boyfriend." Taylor called the conduct with the victim "a little tryst" at his plea hearing.

Judge Mary Leahy will sentence Taylor later this summer, but before September 15. He'll be required to register with the state of Minnesota as a predatory offender.

"Boyfriend" who strangled woman to death with bra sentenced to 45 years

A man with a long history of mental illness was sentenced to 45 years behind bars for the 2nd degree murder of his "girlfriend," who he strangled to death with her own bra. Circuit Judge F. Rand Wallis imposed the sentence on Orlando, FL resident Abdullah Khalig as the result of a guilty plea to 2nd degree murder in the death of Lolitta Flores February last year. The sentencing range was between 30 and 45 years.

Khalig described a long history of drug use and mental illness. But he admitted to strangling Flores with a bra. He said the voices came in his sleep. He woke up, reached over and started strangling her, he said.

"What I remember that night, I was hearing voices and I couldn't control myself," the 38 year old said in court this morning. "They were telling me to strangle her. I strangled her with the bra," he said. 49 year old Flores, a victim of Khalig's violence according to a December 2008 DV complaint, was last seen alive February 21, 2009.

He went away to use drugs and told a friend what happened. The friend contacted police, who arrested Khalig. The perpetrator led authorities to Flores' nude body, bra still around her neck, who had been dead about a week. Police believe she was murdered the night of February 22-23, 2009.  "I just needed to let it out. I felt bad for what I did. I'm thinking clearly now. I'd just like to apologize to the family and the friends."

Initially, Khalig denied killing Flores to authorities, but he later confessed. Khalig said he suffers from schizophrenia and bi-polar disorder. A psychiatric evaluation, however, determined Khalig's condition did not meet the legal requirements of an insanity plea. And all parties agreed Khalig was competent to make his guilty plea.

Khalig asked for a 30-year sentence. So did his defense attorney, Marc Burnham, who told the judge that no matter what his sentence, Khalig would be an old man if he makes it out of prison. [He]described a long history of drug use — including crack cocaine and heroin — and mental illness. He said he was homeless before staying with Flores, who held a steady job as manager for a telemarketing company. He added that they used drugs together. And he openly admitted to strangling Flores with a bra.

Phillip Marion Warren, the half brother of Flores, who experienced her as a mother figure, asked for the maximum sentence. "You took away my mother.I know he's accepted responsibility. Do I forgive him, your honor? Yes, I do. I also believe he deserves the maximum time he can get."

Assistant State Attorney Jim Altman also asked for the maximum. "You took that bra and wrapped it around her neck until you were sure she was dead?" "Yes sir," Khalig responded.

After the sentencing, Warren said, "The judge listened. He gave us the 45-year maximum. We were very happy with that."

Man kills woman he wed twice over other husband - had 2nd wife of own

Clair Fullarton, Kilmarnock Standard

A KILMARNOCK man has been jailed for life for murdering the woman he had married for the second time. George Clark, 53, was ordered to spend at least 14 years for what temporary judge Michael O'Grady QC described as the ‘cowardly and brutal’ murder of his wife Sharlene. The High Court in Glasgow heard that love triangle killer Clark married his victim Sharlene twice and moved with her into the home he shared with his second wife Helen, 58.

Judge O'Grady told Clark: “You have taken the life of your own wife. A woman who had a lot to live for.”
The High Court in Glasgow heard that Clark told a social worker that she had it coming to her saying: “I would have done it sooner or later.”

Clark murdered 44-year-old Sharlene by knifing her three times on the chest and once on the neck, a day after sending a chilling text message saying he was going to kill her. As Sharlene lay dying Clark dialled 999 and told an operator: “I've just stabbed my wife. Would you please get an ambulance. She's not breathing, hurry up.” When paramedics arrived on the scene they found Clark with both hands covered in blood and Sharlene lying dead on the living room floor.

Prosecutor Alastair Carmichael revealed that Clark has previous convictions for assault, breach of the peace and road traffic offences.

The couple who were first married 27 years earlier fell in love again after meeting by chance when Clark returned to Kilmarnock. Within seven months on March 11, 2009, they had married for a second time on the anniversary of their first wedding. They were the last couple to be married in the old registrar’s office in Kilmarnock town centre.

At first the couple were besotted with each other and even got tattoos to show their love for one another. Sharlene had the word George tattooed on her back and Clark had Sharlene tattooed on his body. But, Clark was jealous of Sharlene's friendship with former love Hayden McGonigale, 42, and she feared Clark was going to return to his second wife Helen.

Clark said he loved his wife and added: “I wouldn't have hurt Sharlene in a million years”, claimed he had killed her in self-defence after she had launched a murderous attack on him with a kitchen knife. He admitted picking up a double-edged hunter's knife and stabbing her, but claimed he was fighting for his life.

But the jury didn't believe his story and convicted him of murdering 44-year-old Sharlene, a mum of four and a gran of one, at 25 Lindsay Drive on October 12, last year.

Entrepreneur & father of three killed - wife and employee charged in love triangle slaying

A West Goshen, Pennsylvania father of three and entrenpreneur was poisoned and bludgeoned to death with a shovel before being buried in a shallow grave next to a high school. The suspects are the victim's wife, 34 year old Morgan Mengel and 22 year old employee Stephen Shappell. The victim, according to police, is 33 year old Kevin Mengel Jr.  The suspects are 34 year old Morgan Mengel and Stephen Shappell, 22. According to the wife's Facebook page, they had been married since August 1998. The couple have 3 children.

According to officials, the plot began when Morgan and Steve began to "fall in love" at the business that the victim and Morgan ran together, M.K.B. Property Management LLC. The company does landscaping for homeowners and other property owners.

On June 17, she reportedly said, Shappell placed "some sort of drug" in a lemon Snapple, which Morgan Mengel then left on the hood of the pickup truck for Kevin Mengel to find. No one else who worked at the business drank Snapple, she reportedly told police, and she knew Kevin Mengel would drink it.

A short time later, according to court documents, she received a text from Shappell that said he had struck Kevin Mengel in the head with a shovel.

She reportedly asked if he was serious and he replied, "Dead serious." She then asked if there was a "pulse," police reports said, to which he replied "Get down here now." Morgan Mengel reportedly told police that Shappell told her he buried Kevin Mengel's body approximately 150 yards behind Marple Newtown High School, where he had been a student.

The beginning of the end for Morgan Mengel and Shappell's freedom came on Father's Day, when Kathleen Barton reported her son missing. She noted that her daughter-in-law told her that she had seen Kevin move out of their West Goshen, PA apartment on June 18. Still suspicious, Kathleen monitored her son's Facebook page and told West Goshen detectives about the affair. After her son's Facebook page was updated in a different style than he would use on June 23, detectives went to the victim's apartment.

While Morgan gave police the same story that she gave her mother-in-law, detectives saw the victim's clothes and toothbrush in the apartment. After being taken to the police station for an interview, Morgan Mengel admitted the affair and the murder.

According to West Goshen Police Department Chief Michael J. Carroll, "Normally a report of a missing person who's a 33-year-old adult male is sometimes not taken as seriously because they have the absolute right to be missing, they can go wherever they want to go. During the course of the week it became clear to our department that this was more than just a missing person case."

 We were able to identify and locate the victim by the use of a cadaver dog that was brought to us by the Search and Rescue Dogs of Pennsylvania in Malvern. I can tell you without the use of this dog, we would not have been able to find this body.

It's a very tragic case. The victim was the father of three children. Obviously the children have lost their father and with what has gone on so far they're going to lose their mother for an extended period of time.

Shappell was arrested in Denver the evening of Sunday, June 27. Carroll said "This was a direct result of cooperation between departments. It was through an investigation here. We knew where to look for him."

It is unknown what charges he'll face when he is extradited to Pennsylvania, but Morgan Mengel will be facing 1st degree murder and criminal homicide.

Sunday, June 27, 2010

Felon gets 25 years for killing, dismembering "fiancee" after argument

A Buffalo man who killed his former "girlfriend" was sentenced to 25 years in the New York prison system for killing her and dismembering her after she died. Tomell HaSidi killed LaQuiesta "Pinky" Brown, his "girlfriend" after she found out his true character as a criminal. After killing Brown and cutting her body into pieces, HaSidi told police that his victim was killed accidentally during an argument.

Prosecutor Thomas M. Finnerty said HaSidi had initially told police he accidentally killed Brown during an argument after she broke off their engagement and ordered him to move out of her family's home. Members of the Buffalo Police Underwater Recovery Team searched the channel after authorities at the nearby Peace Bridge reported that surveillance cameras had recorded suspicious activity there.

The judge lauded Buffalo police homicide detectives for tracing HaSidi's movements through the parole ankle bracelet he was wearing. At the time of her killing, Brown was working on a psychology degree at Erie Community College's North Campus in Amherst.

Brown met HaSidi while he was in prison of parole violations from forgery and grand larceny cases. Brown felt that by being there for him, and letting his move into her family's home, despite their concerns. She also cared for HaSidi after he was being treated for cancer.

The victim's father, Bernard Brown, said his daughter's killer's lack of remorse "showed what kind of a coward he is" and hoped that HaSidi is killed by the Aryan Nation in prison.

Saturday, June 26, 2010

Australian man gets 3 years imprisonment for trying to rape wife, attacking daughter

Karen Matthews [Geelong Advertiser]
June 24th, 2010

A 43-YEAR-OLD Geelong man has been jailed for three years for attempting to rape his wife and assaulting his teenage daughter with a torch. The man, who cannot be identified, had pleaded guilty to charges of attempted rape, indecent assault and two counts of recklessly causing injury.

Handing down sentence in Geelong County Court yesterday Judge Phillip Coish said that at the time of his offending, the accused had been married to the victim for 17 years. He said that in June last year the accused man was in bed with his wife when he asked her for sex. She refused the request and went to sleep. Judge Coish said the victim woke during the early hours to find her husband fondling her body.

When she again refused his request for sex, the accused man sat on the victim's chest and performed a sexual act. Judge Coish said that in July last year the victim went to bed and was woken during the night by her husband again fondling her. He asked her to have sex and, when she refused, he told her, 'You're gonna get it anyway.' His honour said the accused man got a torch, got out of bed and locked the door.

"You then pulled the doona and sheets off your wife and removed her pyjama pants," he said. "The victim struggled and you were yelling at her, 'Give it to me you bitch'." Judge Coish said that as the struggle continued the victim was screaming and yelling for help."You then struck her to the head with the torch," he said.

"Hearing her mother's calls for help, your daughter started banging on the door yelling 'Stop it, Stop it. The child was very upset and you were very angry.You got off the bed, opened the door and told your daughter, 'Your mother is a mole.'You then hit your daughter to the face with the torch."

Judge Coish said the victim intervened and together with her daughter, fled the house.

The child suffered bruising and pain to the head. His honour said that when interviewed by police, the accused man made full admissions and, shortly after his arrest, sought treatment for anger management.

Judge Coish said the man had a good work record and had made significant contributions to the community.
"But you acted impulsively, lacked self control and had a pre-conceived attitude towards your entitlements to sex in marriage," he said.

The judge said the accused man had four prior court appearances between 1984 and 1989, some of which involved the use of violence.The man was convicted on all counts and sentenced to a total of three years' jail with a non-parole period of  18 months.

Rapist sentenced to 35 years without parole in Mississippi courtroom

A convicted felon who raped a 21 year old coed at gunpoint with a stun gun was sentenced to 35 years without parole by Mississippi 15th District Circuit Court Judge R.I. Prichard III yesterday (June 25, 2010). James H. Crockett, 38, of Chalmette, LA, plead guilty to the attack, which took place in Hattiesburg, MS July 6, in the midst of a three state crime spree.

Crockett also is accused of sexually assaulting a 22-year-old woman July 5, 2009, in Baton Rouge, LA, where he was charged with aggravated rape, aggravated battery and false imprisonment. He also was sought in Hammond, LA., on attempted aggravated assault and kidnapping charges.

Crockett was detained in Florence, AL, on July 7 after he was caught at an apartment complex with handcuffs and a stun gun. However, since he had not yet been identified as a suspect in the earlier crimes, he was charged with misdemeanor possession of marijuana and released.

He returned to Louisiana and attacked a woman on July 10 in Hammond, though she was able to fend him off. By then, authorities had linked Crockett to the attacks in Mississippi and Louisiana, and began a manhunt. He was arrested July 12 after wrecking his car during a chase in Huntsville, AL.

Crockett "apologized" to the victim and her family, stating just before his sentence, "It was a chain of events, and unfortunately, if it hadn't have been (her), it probably would have been someone else. I was on a path of self-destruction, and she just happened to get in the way, or be the one who was in the way." He also hoped that they "can get over this and get on with their lives," something that doesn't happen with sexual assault, even after years of therapy.

Judge Pritchard said about the attack, "This happened early in the morning. She had left to get some milk, come back, and without ever knowing you or doing anything on her part, you assaulted her."

  Having looked at the facts of this case, this is one of those cases that is the most classical, horrible (crimes) that can happen to a female. In fact, the psychological and psychiatric communities agree, that probably, under the circumstances, by using a stun gun, by using handcuffs and the complete domination of the lady, this is probably a fate worse than possibly a murder. I don't know how you equate taking someone's life with what happened here, but as far as the psychological and psychiatric disciplines, there is no (crime), in their opinion, that has more devastating effects on a victim than this kind of complete domination."

Other aggravating factors included Crockett's use of marijuana and seven prior felony convictions. Judge Pritchett arrived at the 35 year term by using Crockett's further life expectancy of 40 years. Besides the no parole term, Crockett, if he's released, must register as a sex offender and have no contact with the victim or her family.

Judge Pritchett also sentenced two molesters to 15 years in prison, sex offender registration and treatment, and a $3000 fine Friday. The molesters were Michael Mullins, 25, convicted of fondling a 13 year old family friend, and George Fries, 30, a former high school substitute teacher who fondled a 17 year old student.