A man who raped his wife and terrorized their children was sentenced to 56 1/4 years in the Oregon prison system on August 10, 2011. 50 year old Diego Lara Andrade was convicted of numerous sex crimes at the conclusion of a two day trial which took place in a Umatilla County, Or courtroom on July 25 and July 26.
50 year old Diego Lara Andrade of Hermiston, OR was convicted of sexual attacks on his wife, the mother of his children, between March and October 2010. The jury convicted him of several counts of rape, sodomy, and physical abuse of his victimized wife.
Each of the sex crimes defendant was convicted of are listed under Oregon’s Ballot Measure 11, requiring minimum mandatory prison sentences. Convicts sentenced under Oregon’s Ballot Measure 11 are not eligible for parole or any other forms of early release.
Judge Daniel Hill presided over the trial and sentencing of Andrade. Judge Hill imposed five consecutive 100 month sentences in prison for each of the counts of rape in the first degree, one consecutive 100 month sentence for sodomy in the first degree, and one 75 month consecutive sentence for sexual abuse in the first degree for a total of 675 months (56 ¼ years) in prison, without any eligibility for early release.
Judge Hill said that it was his "own arrogance toward his wife and his family that put him in the position he is now in," and that he expected Andrade to die in prison.
Showing posts with label 50's perp. Show all posts
Showing posts with label 50's perp. Show all posts
Friday, August 26, 2011
Friday, April 22, 2011
Man gets 12-25 years, woman gets 5 2/3 to 15 years for three way with developmentally disabled daughter
A Fruitland Township, MI man was sentenced to 12-25 years in prison Tuesday, April 12, 2011 after pleading to three counts of 1st degree criminal sexual conduct. He and a Manistee, MI woman were originally charged with three counts of 1st degree and 3rd degree criminal sexual conduct, respectively by Muskegon County officials.
The sexual assault charge stem from both perpetrators having sex with the woman's 21 year old developmentally disabled daughter, described as needing 9 to 16 hours of supervision a day by her case manager and as a girl with the mental capacity of a 10 to 13 year old. Both perpetrators were sentenced by Muskegon County 14th Circuit Judge William C. Marietti.
The victimization of the daughter by then 51 year old Mark Wayne Barnhard and her then 46 year old mother took place over several months in 2008, with the victim undergoing a sexual assault examination April 23, 2009. Both offenders were originally arraigned in May 2009.
According to a Muskegon County Sheriff's report, Barnhard -- using the alias "Mike Bradford" -- met the woman in an online chatroom more than a year and a half ago. He told police that the two later met in person and began having sex on numerous occasions at his Fruitland Township home.
At some point, Barnhard and the woman -- both married to other people -- decided they wanted to have a "three way" and the woman brought her 21-year-old mentally impaired daughter to Barnhard's house to participate, the report said.
Authorities were alerted to the alleged sexual abuse after the 21-year-old victim told her aunt that she might be pregnant by Barnhard. It turns out she was not, according to the report. Barnhard told investigators that both he and the victim's mother performed sex acts on the daughter.
"It was a secret life I had," he told investigators.
The mother was sentenced to 5 2/3 to 15 years imprisonment by Judge Marietti on September 15, 2009. The victim's aunt, now her guardian, said "when she gets dressed, there's not enough layers of shirts and sweaters."
When the young woman first arrived in her aunt and uncle's home, she barely spoke, and her family could see "fear in this young girl's eyes."
The victim's impact statement, read during the first sentencing by a family friend, said, "You did a very bad thing to me and let bad things happen to me...Why did you do this?" When the victim wanted the abuse to stop, instead of stopping,"you yelled at me and told me not to be a baby...You made me feel dirty and told many lies. I never want to be anything like you, Mom...I will never forgive or forget you, Mom... I hope you'll be gone for a long time."
Judge Marietti said that "this is probably the most outrageous and disgusting scenario that I have ever come across. It actually is beyond belief." Robert Hedges, a 22 year prosecutor in the Muskegon County court system, said "It's just awful. Even in the animal world, mothers care for their children."
Barnhard plead guilty to his three counts of 1st degree CSC on March 2, 2011, and was able to stay out on bond until his sentencing. At the sentencing, the family friend read another letter from the victim, this time directed at Barnhard. “Auntie wakes me up and I'm afraid to open my eyes, because I'm afraid it will be you. I scrub my skin until it's red and I can't feel clean. … Auntie and I moved far away and I still can't feel safe.” The aunt asked Barnhard, "Does it make you feel like a big man that this little girl's afraid of you? Calling you a monster is too good for you.”
The sexual assault charge stem from both perpetrators having sex with the woman's 21 year old developmentally disabled daughter, described as needing 9 to 16 hours of supervision a day by her case manager and as a girl with the mental capacity of a 10 to 13 year old. Both perpetrators were sentenced by Muskegon County 14th Circuit Judge William C. Marietti.
The victimization of the daughter by then 51 year old Mark Wayne Barnhard and her then 46 year old mother took place over several months in 2008, with the victim undergoing a sexual assault examination April 23, 2009. Both offenders were originally arraigned in May 2009.
According to a Muskegon County Sheriff's report, Barnhard -- using the alias "Mike Bradford" -- met the woman in an online chatroom more than a year and a half ago. He told police that the two later met in person and began having sex on numerous occasions at his Fruitland Township home.
At some point, Barnhard and the woman -- both married to other people -- decided they wanted to have a "three way" and the woman brought her 21-year-old mentally impaired daughter to Barnhard's house to participate, the report said.
Authorities were alerted to the alleged sexual abuse after the 21-year-old victim told her aunt that she might be pregnant by Barnhard. It turns out she was not, according to the report. Barnhard told investigators that both he and the victim's mother performed sex acts on the daughter.
"It was a secret life I had," he told investigators.
The mother was sentenced to 5 2/3 to 15 years imprisonment by Judge Marietti on September 15, 2009. The victim's aunt, now her guardian, said "when she gets dressed, there's not enough layers of shirts and sweaters."
When the young woman first arrived in her aunt and uncle's home, she barely spoke, and her family could see "fear in this young girl's eyes."
The victim's impact statement, read during the first sentencing by a family friend, said, "You did a very bad thing to me and let bad things happen to me...Why did you do this?" When the victim wanted the abuse to stop, instead of stopping,"you yelled at me and told me not to be a baby...You made me feel dirty and told many lies. I never want to be anything like you, Mom...I will never forgive or forget you, Mom... I hope you'll be gone for a long time."
Judge Marietti said that "this is probably the most outrageous and disgusting scenario that I have ever come across. It actually is beyond belief." Robert Hedges, a 22 year prosecutor in the Muskegon County court system, said "It's just awful. Even in the animal world, mothers care for their children."
Barnhard plead guilty to his three counts of 1st degree CSC on March 2, 2011, and was able to stay out on bond until his sentencing. At the sentencing, the family friend read another letter from the victim, this time directed at Barnhard. “Auntie wakes me up and I'm afraid to open my eyes, because I'm afraid it will be you. I scrub my skin until it's red and I can't feel clean. … Auntie and I moved far away and I still can't feel safe.” The aunt asked Barnhard, "Does it make you feel like a big man that this little girl's afraid of you? Calling you a monster is too good for you.”
Wednesday, February 23, 2011
Former MA state senator admits to groping women, will serve 3 months jail, 5 years probation
(Original Post 6-6-08)
Senator is admitted to psych hospital Marzilli is seeking treatment after arrest
By Steve LeBlanc THE ASSOCIATED PRESS
BOSTON— A state senator arrested this week on charges of attempting to grope one woman and making lewd comments to a second was admitted to a psychiatric hospital yesterday. State Sen. James J. Marzilli entered the hospital hours after saying he would not seek re-election in the fall. The decision came a day after he was arraigned in Lowell District Court on multiple charges related to the arrest. Marzilli’s lawyer confirmed that he was seeking treatment.
“Senator Marzilli was admitted into a local hospital for treatment for an undisclosed illness this afternoon,” said Marzilli’s lawyer, Terrence Kennedy. A source close to Marzilli said on condition of anonymity that Marzilli was seeking treatment at McLean Hospital, a psychiatric hospital in Belmont.
Marzilli, 50, pleaded not guilty Wednesday to charges he tried to grab a woman sexually at a park in Lowell, then fled police, and to charges he made lewd remarks to another woman. Charges against him include disorderly conduct, resisting arrest, assault and battery and obstruction of justice. Marzilli is free on bail and due back in court July 3.
A spokesman for the Middlesex district attorney’s office said investigators were looking into other incidents possibly involving Marzilli, including one last year in Arlington and another in Boston’s Brighton neighborhood two years ago. Investigators also were looking into whether Marzilli was involved in other incidents in Lowell before his arrest.
Last month, Middlesex District Attorney Gerald T. Leone Jr. declined to charge Marzilli after a woman claimed he had touched her inappropriately in April, saying there was insufficient evidence.
Marzilli was arrested Tuesday after a woman told police he approached her while she was sitting on a park bench and tried to grab her crotch. A second woman called authorities after seeing media coverage of Marzilli’s arrest and said Marzilli made lewd comments to her. Kennedy said his client “totally denies” the charges.
(Update 2-23-11) Marzilli was sentenced to three months in jail and probation by Judge Paul Chernoff at Lowell Superior Court yesterday. Marzilli will serve his sentence at the Billerica House of Correction. For the first year of his probation, Marzilli will serve his first year under GPS monitoring and must do 200 hours of community service. A charge of attempted indecent assault and battery was stayed for a year, meaning that if the GPS monitoring goes without any hitches, Marzilli won't have to register as a sex offender.
In the city [of Lowell, MA]on June 3, 2008, for a function at Federal Fabrics-Fibers, Marzilli approached the women both on foot and in a car over the course of four hours, making lewd remarks about their bodies. They, in return, called him a pervert and told him to spend $20 on a hooker.
Middlesex District Attorney Elizabeth Dunigan said that some of the victims are afraid to go to Lowell, MA and that “At the time of his arrest, he was focused on himself, his career, his future. Maybe in time it can be a little bit about what these women lost on the streets of Lowell."
Senator is admitted to psych hospital Marzilli is seeking treatment after arrest
By Steve LeBlanc THE ASSOCIATED PRESS
BOSTON— A state senator arrested this week on charges of attempting to grope one woman and making lewd comments to a second was admitted to a psychiatric hospital yesterday. State Sen. James J. Marzilli entered the hospital hours after saying he would not seek re-election in the fall. The decision came a day after he was arraigned in Lowell District Court on multiple charges related to the arrest. Marzilli’s lawyer confirmed that he was seeking treatment.
“Senator Marzilli was admitted into a local hospital for treatment for an undisclosed illness this afternoon,” said Marzilli’s lawyer, Terrence Kennedy. A source close to Marzilli said on condition of anonymity that Marzilli was seeking treatment at McLean Hospital, a psychiatric hospital in Belmont.
Marzilli, 50, pleaded not guilty Wednesday to charges he tried to grab a woman sexually at a park in Lowell, then fled police, and to charges he made lewd remarks to another woman. Charges against him include disorderly conduct, resisting arrest, assault and battery and obstruction of justice. Marzilli is free on bail and due back in court July 3.
A spokesman for the Middlesex district attorney’s office said investigators were looking into other incidents possibly involving Marzilli, including one last year in Arlington and another in Boston’s Brighton neighborhood two years ago. Investigators also were looking into whether Marzilli was involved in other incidents in Lowell before his arrest.
Last month, Middlesex District Attorney Gerald T. Leone Jr. declined to charge Marzilli after a woman claimed he had touched her inappropriately in April, saying there was insufficient evidence.
Marzilli was arrested Tuesday after a woman told police he approached her while she was sitting on a park bench and tried to grab her crotch. A second woman called authorities after seeing media coverage of Marzilli’s arrest and said Marzilli made lewd comments to her. Kennedy said his client “totally denies” the charges.
(Update 2-23-11) Marzilli was sentenced to three months in jail and probation by Judge Paul Chernoff at Lowell Superior Court yesterday. Marzilli will serve his sentence at the Billerica House of Correction. For the first year of his probation, Marzilli will serve his first year under GPS monitoring and must do 200 hours of community service. A charge of attempted indecent assault and battery was stayed for a year, meaning that if the GPS monitoring goes without any hitches, Marzilli won't have to register as a sex offender.
In the city [of Lowell, MA]on June 3, 2008, for a function at Federal Fabrics-Fibers, Marzilli approached the women both on foot and in a car over the course of four hours, making lewd remarks about their bodies. They, in return, called him a pervert and told him to spend $20 on a hooker.
Middlesex District Attorney Elizabeth Dunigan said that some of the victims are afraid to go to Lowell, MA and that “At the time of his arrest, he was focused on himself, his career, his future. Maybe in time it can be a little bit about what these women lost on the streets of Lowell."
Sunday, February 6, 2011
LA county health inspector gets 115 days jail, lifetime SO registration for groping donut shop owner
A Los Angeles County health inspector was sentenced to 115 days in jail, three years probation and lifetime sex offender registration February 3 for groping a Pomona, CA doughnut shop owner. Los Angeles County Superior Court Judge David Brougham meted out the sentence February 3 in a Pomona, CA courtroom. 51 year old Magdy Tawadros was convicted on January 26 after jurors found him guilty of a single sexual battery count.
The groping took place March 24, 2010, at the 45 year old victim's shop, Pixie Donuts. A surveillance camera caught Tawadros grabbing the woman in the back room of her shop and touching her chest as she tried to get away. The victim's civil attorney, Tim McDonough, elaborates on the encounter.
"The first actual assault was a hug, at which point the female store owner distracts him and says, 'I have to look out for the customers,' and she escapes, and after that a second altercation occurs where she's reeled in and of course there's some groping that occurs, and some inappropriate hand touching and things of that nature, and at that point a second escape occurs that then leads on to a third physical altercation. He spends about 15 minutes on the premises asking the female store owner if he can date her, and asks for her phone number and apparently leaves another business card with her in an attempt to solicit her to engage in some sort of encounter with him in the future," said McDonough. The victim went to the police March 29, 2010.
Tawadros, who worked in the West Covina bureau of the Los Angeles County Department of Public Health, was initially placed on desk duty, but fired on April 14 after the surveillance tape came to light. According to defense attorney Michael Holmes, "Watching (the jury) view the surveillance tape it was clear they were uncomfortable with what happened and I think that was the deciding factor."
It was the second jury trial in the case. The first ended in a mistrial after Deputy District Attorney Lauren Guber failed to give Tawadros' defense attorney an audio recording she made during interviews with the alleged victim and her husband. Deputy District Attorney Daniel Rochmes prosecuted the case to conviction, Gibbons said. Rochmes could not immediately be reached for comment.
The victim impact statement by the woman and her husband said they were "so relieved now that the jury has found Mr. Tawadros guilty... In our view, he has shown no remorse for what he did and he has fabricated a gross public lie intended to prove that he was innocent and to turn the tables on his victims, our family. He used his advantageous position as a county public code enforcer to commit a criminal act while he was on duty."
A $10 million lawsuit has been filed against Tawadros by the victim.
The groping took place March 24, 2010, at the 45 year old victim's shop, Pixie Donuts. A surveillance camera caught Tawadros grabbing the woman in the back room of her shop and touching her chest as she tried to get away. The victim's civil attorney, Tim McDonough, elaborates on the encounter.
"The first actual assault was a hug, at which point the female store owner distracts him and says, 'I have to look out for the customers,' and she escapes, and after that a second altercation occurs where she's reeled in and of course there's some groping that occurs, and some inappropriate hand touching and things of that nature, and at that point a second escape occurs that then leads on to a third physical altercation. He spends about 15 minutes on the premises asking the female store owner if he can date her, and asks for her phone number and apparently leaves another business card with her in an attempt to solicit her to engage in some sort of encounter with him in the future," said McDonough. The victim went to the police March 29, 2010.
Tawadros, who worked in the West Covina bureau of the Los Angeles County Department of Public Health, was initially placed on desk duty, but fired on April 14 after the surveillance tape came to light. According to defense attorney Michael Holmes, "Watching (the jury) view the surveillance tape it was clear they were uncomfortable with what happened and I think that was the deciding factor."
It was the second jury trial in the case. The first ended in a mistrial after Deputy District Attorney Lauren Guber failed to give Tawadros' defense attorney an audio recording she made during interviews with the alleged victim and her husband. Deputy District Attorney Daniel Rochmes prosecuted the case to conviction, Gibbons said. Rochmes could not immediately be reached for comment.
The victim impact statement by the woman and her husband said they were "so relieved now that the jury has found Mr. Tawadros guilty... In our view, he has shown no remorse for what he did and he has fabricated a gross public lie intended to prove that he was innocent and to turn the tables on his victims, our family. He used his advantageous position as a county public code enforcer to commit a criminal act while he was on duty."
A $10 million lawsuit has been filed against Tawadros by the victim.
Fresno insurance company owner sentenced to 10 days jail, 4 years probation for peeping on female employee
A Fresno, CA boss was sentenced to 10 days jail, 20 days in a work program and four years probation Wednesday, January 26 for taking indecent photos of one of his female employees in December 2009. 51 year old insurance company owner Wellman Shew was convicted of misdemeanor peeping after he was found with "disturbing" images on his work computer. If Shew violates his probation, he will be sent to prison and the four years he is scheduled to spend on the sex offender registry will become life.
Police later searched Shew's business on North Cedar Avenue near Alluvial Avenue and found a video that showed a female employee using the restroom. Police said officers also found a fake plant on top of the toilet with a secret compartment and two boxes with holes on the side.
In court Wednesday, [prosecutor Tim]Galstan, a deputy district attorney, informed the judge that there could be multiple victims, because Shew had told police that he was not fixated on just the victim in this case. "I just kind of rotate from people to people," Shew said, according to Galstan.
Just before sentencing, Shew told Judge Dennis Peterson in Fresno County Superior Court that his actions stemmed from a porn addiction, and "Hopefully, she will find in her heart to forgive me." Defense attorney Michael Idiart said that his client has tried to make amends by attending marital counseling, paying a civil settlement, and that "He accepts his punishment and wants to move forward."
The victim also made a statment to the court, asking Judge Peterson to make her peeper register as a sex offender. "Knowledge is power - I want future employees to know what he did." Peterson, when announcing his sentence, cited the vulnerability of the victim and the "sophistication and planning" of the unlawful recording.
Police later searched Shew's business on North Cedar Avenue near Alluvial Avenue and found a video that showed a female employee using the restroom. Police said officers also found a fake plant on top of the toilet with a secret compartment and two boxes with holes on the side.
In court Wednesday, [prosecutor Tim]Galstan, a deputy district attorney, informed the judge that there could be multiple victims, because Shew had told police that he was not fixated on just the victim in this case. "I just kind of rotate from people to people," Shew said, according to Galstan.
Just before sentencing, Shew told Judge Dennis Peterson in Fresno County Superior Court that his actions stemmed from a porn addiction, and "Hopefully, she will find in her heart to forgive me." Defense attorney Michael Idiart said that his client has tried to make amends by attending marital counseling, paying a civil settlement, and that "He accepts his punishment and wants to move forward."
The victim also made a statment to the court, asking Judge Peterson to make her peeper register as a sex offender. "Knowledge is power - I want future employees to know what he did." Peterson, when announcing his sentence, cited the vulnerability of the victim and the "sophistication and planning" of the unlawful recording.
Wednesday, September 29, 2010
Fabulist who murdered wife convicted, sentenced to LWOP
(Initial Post 9-26-10)
A Tulsa County, OK jury needed only a half hour of deliberation in a lawyer's shooting murder by her own husband. John Robert Kastner, 52, was convicted of the 1st degree murder of his wife, 44 year old Lori Moon Kastner, at their south side Tulsa, OK home on June 25, 2008. The motive, according to Tulsa County, OK prosecutors, was that the victim was about to expose her husband's lies.
Kastner had led his family to believe that all five family members were traveling by plane to Israel on June 25, 2008, prosecutors said. Kastner indicated he was a former member of the Israeli military who had been honored for heroism and that the trip to Israel was related to a high-paying job that Lori Kastner was going to get with a corporation connected to her husband.
No such flight or job offer existed, and Kastner never served in the Israeli military, prosecutors said.
Kastner made significant financial promises to benefit Webster that he could not keep, and he "was a ticking time bomb getting ready to explode," [First Assistant District Attorney Doug] Drummond said.
Drummond also insisted that "[Kastner's] reputation was going to be ruined, and that was the most important thing in John Kastner's life."
The other prosecutor in the case, Assistant District Attorney Steve Kunzweiler, said that Kastner, the "legend of Webster High School," is "nothing but a bald-faced liar. You cannot believe a word that the defendant says."
Kastner said the killer was an intruder who he said picked up Kastner's gun in the house. He told police that he struggled with the intruder and was shot in the hand, and he said the intruder fled with a bag containing about $5,000, evidence indicated.
Kunzweiler said Kastner's account features a "mysterious man" moving around in a dark house and finding a loaded gun and money on the same table. Kastner was an English teacher, "and as an English teacher he deals in fiction," Kunzweiler said
Assistant Public Defender Jill Webb said that Kastner had no motive to kill his wife because killing her would not solve his problems - "John's problem was John." Webb said that while Kastner was guilty of lying and making false promises, it did not prove he was a murderer. Kastner was never called to the witness stand.
When he is formally sentenced tomorrow, Kastner will be sentenced to life without parole - in Oklahoma, murder carries death, life without parole, or life with parole. Prosecutors did not seek the death penalty, and jurors ruled out life with parole. Amber Merchant, Lori Kastner's best friend, said "We're very pleased with the verdict and feel like justice was served."
Kastner plans to appeal the verdict, according to Chief Public Defender Pete Silva. The presiding judge is District Judge Tom Gillert.
(Update 9-29-10) Kastner was formally sentenced to life without parole Monday, September 27, 2010. If he had been granted parole, he would have had to serve 38 and 3 months before his first chance of it.
A Tulsa County, OK jury needed only a half hour of deliberation in a lawyer's shooting murder by her own husband. John Robert Kastner, 52, was convicted of the 1st degree murder of his wife, 44 year old Lori Moon Kastner, at their south side Tulsa, OK home on June 25, 2008. The motive, according to Tulsa County, OK prosecutors, was that the victim was about to expose her husband's lies.
Kastner had led his family to believe that all five family members were traveling by plane to Israel on June 25, 2008, prosecutors said. Kastner indicated he was a former member of the Israeli military who had been honored for heroism and that the trip to Israel was related to a high-paying job that Lori Kastner was going to get with a corporation connected to her husband.
No such flight or job offer existed, and Kastner never served in the Israeli military, prosecutors said.
Kastner made significant financial promises to benefit Webster that he could not keep, and he "was a ticking time bomb getting ready to explode," [First Assistant District Attorney Doug] Drummond said.
Drummond also insisted that "[Kastner's] reputation was going to be ruined, and that was the most important thing in John Kastner's life."
The other prosecutor in the case, Assistant District Attorney Steve Kunzweiler, said that Kastner, the "legend of Webster High School," is "nothing but a bald-faced liar. You cannot believe a word that the defendant says."
Kastner said the killer was an intruder who he said picked up Kastner's gun in the house. He told police that he struggled with the intruder and was shot in the hand, and he said the intruder fled with a bag containing about $5,000, evidence indicated.
Kunzweiler said Kastner's account features a "mysterious man" moving around in a dark house and finding a loaded gun and money on the same table. Kastner was an English teacher, "and as an English teacher he deals in fiction," Kunzweiler said
Assistant Public Defender Jill Webb said that Kastner had no motive to kill his wife because killing her would not solve his problems - "John's problem was John." Webb said that while Kastner was guilty of lying and making false promises, it did not prove he was a murderer. Kastner was never called to the witness stand.
When he is formally sentenced tomorrow, Kastner will be sentenced to life without parole - in Oklahoma, murder carries death, life without parole, or life with parole. Prosecutors did not seek the death penalty, and jurors ruled out life with parole. Amber Merchant, Lori Kastner's best friend, said "We're very pleased with the verdict and feel like justice was served."
Kastner plans to appeal the verdict, according to Chief Public Defender Pete Silva. The presiding judge is District Judge Tom Gillert.
(Update 9-29-10) Kastner was formally sentenced to life without parole Monday, September 27, 2010. If he had been granted parole, he would have had to serve 38 and 3 months before his first chance of it.
Tuesday, September 21, 2010
More allegations against sexting Calumet County WI DA lead to his resignation
(Original Post 9-21-10)
Wisconsin Governor Jim Doyle has called for the removal of the Calumet County DA over allegations that he sexted a domestic violence victim and invited a "date" to an autopsy. The DA, Calumet County Attorney Kenneth Kratz, has taken a leave of absence, citing "medical reasons." Doyle cannot formally seek removal unless he receives a complaint from a Calumet County resident, something he expects to occur later this week.The second allegation regards a woman who was "dating" Kratz when he took calls involving a missing persons case. The case involved someone believed to have been murdered. He discussed aspects of the case that no other layman (or woman) knew, and that woman alleged Kratz "invit[ed] me to go with him to the autopsy (provided I would be his girlfriend and would wear high heels and a skirt)."
Doyle said "It's mind-boggling.To have an autopsy be used for the premise of a social engagement is just beyond anything anyone can imagine, I think.... That's the part that concerns me the most because it's really the use of official duties, in his official status as district attorney, for purposes completely unrelated to his job as district attorney."
Legislators, advocates for crime victims and prosecutors from across the state had already been calling for Kratz's resignation in the wake of reports that he had sent 30 text messages last year to Stephanie L. Van Groll, 26, while he was prosecuting her ex-boyfriend on domestic violence charges.
Van Groll's lawyer, Michael R. Fox, said Monday that he is aware of the new allegations against Kratz. "If it's credible, it's incredible," Fox said of the letter released by Doyle's office.
Kratz began texting Van Groll just minutes after she met with him Oct. 20 to discuss the abuse her ex-boyfriend had inflicted upon her. After Van Groll told Kratz about the abuse, he asked if she would mind if he dropped the charge from a felony to a misdemeanor, according to documents released Monday by the state Department of Justice.
Van Groll said she considered the request odd and told Kratz that trying to strangle someone is a felony, the documents show. Kratz sent his first text to Van Groll about 10 minutes after the meeting, telling her that she had potential and signing the message, "KEN (your favorite DA)." In other text messages sent over three days, Kratz referred to Van Groll as a "young, hot nymph" and asked if she "likes secret contact with an older married elected DA."
Van Groll reported the text messages to police. Kratz removed himself from the prosecution of Van Groll's boyfriend after the state began investigating his communication with her. The state appointed a prosecutor to take over the case, and Van Groll's ex-boyfriend was convicted in April of a domestic violence felony, according to court records.
On Friday, Kratz issued a statement saying that he "showed a lack of respect not only for my position but for the young woman that was involved," but refused to step down.
The Wisconsin Coalition Against Domestic Violence and the Wisconsin Coalition Against Sexual Assault released a joint statement saying "Whether or not Kratz has been an advocate for crime victims in the past, it is clear he can no longer serve in his current position. He has ignored victims, advocates and his peers, who have all called for him to step down. His repeated attempts to minimize his behavior show he either is in denial or only concerned for his personal interests."
The Wisconsin District Attorneys Association sent this letter, stating that Kratz' actions "has cast aspersions on our entire profession," and goes on to say that the would have fired subordinates who commites similar actions.
Van Groll's lawyer, Michael R. Fox, said "I am going to pull up every floorboard that I can to see what is behind this. There are things here that don't make sense. It is very strange how it has come to light. I believe my client was treated the way she was treated because she is a woman and was very vulnerable because she was a victim of domestic violence. It strikes me as something that requires further inquiry, because I don't know how you can text a victim in such a suggestive way and not immediately, the moment those texts leave your (phone), be in a conflict of interest."
(Update 9-22-10) Two more women have claimed that Kratz has harassed them. Maria Ruskiewicz, an Appleton, WI native who is now 31, claimed that she was sexted when she met with him in 2008 to discuss a pardon for a 1997 drug conviction. Ruskiewicz needed the pardon because as a student attending Oklahoma City University as a law student, it was necessary for her career goals. Kratz had prosecuted her for the drug conviction and she needed his support for the application she would send to Govenor Jim Doyle.
At the meeting, Kratz asked her about secratary - boss sex, and afterwards Kratz began to send her sexually suggestive texts, including texts describing him in the bedroom. After discussing the harassment with relatives, Ruskiewicz asked Kratz to stop texting her, which he did.
Deborah Felice, the associate dean for students at the law school, said she met with Ruskiewicz at her request on Sept. 25, 2008, to discuss the messages.
"She said she was very upset because she was pursuing a pardon and the DA she was working with was sending her these text messages that were basically stalking her," Felice said, adding that she was shown some of the messages.
Felice said she and Ruskiewicz met with a university lawyer five days later. They decided the best course of action was to ignore Kratz and hope he would go away. Felice said she spoke with Ruskiewicz weeks later and the messages had stopped, and "that's the last I heard of it until this morning," when she saw a segment about Kratz on national TV.
Richard Ginkowski, an assistant Kenosha County prosecutor, discussed the texts with Ruskiewicz as they were discussing the pardon application, and Ginkowski offered to take the matter to the Office of Lawyer Regulation, but "I decided in the end I didn't want to rock the boat." Since the scandal broke, she has said "This is not an isolated event. This happened a year prior to the first woman who came out. He is choosing women who are in vulnerable positions, not just women in general."
Ruskiewicz was granted her pardon last month by Gov. Doyle. A fourth woman has also claimed that Kratz contacted her inappropriately.
(Update 10-5-10) Kratz resigned yesterday as Calumet County DA. In a letter to Jim Doyle, Kratz said, "I hereby resign from my position as District Attorney, Calumet County, effective immediately." The resignation ends Kratz' 18 year career as Calumet County, WI district attorney. The resignation ends the official removal process, with a hearing scheduled for October 8 in Chilton being canceled.
A statement sent by fax to news outlets said Kratz remains at an out-of-state treatment center. He apologized to his "wife, son and entire family for the embarrassment and shame I have caused" and offered his "deepest apology to the citizens of Calumet County."
He cited an undisclosed condition for which he's receiving treatment as his downfall. "I have lost the confidence of the people I represent due primarily to personal issues which have now affected my professional career," Kratz wrote.
The Wisconsin Coalition Against Domestic Violence spokesman Tony Gibart said "I think the resignation is an important step and a necessary step. It's something that had to happen for victims to regain trust in the Calumet County legal system." However, Gibart said that Kratz needs to also face professional and perhaps even criminal charges for his actions. "I don't think that [only a resignation]sends the right message to victims," Gibart said.
Thursday, August 19, 2010
Massage therapist sentenced to 4 years 2 months for groping patients
An Oregon City, OR massage therapist was sentenced to four years and two months in prison for fondling vulnerable women. Rick McDaniel, the owner of Soulful Massage Therapy, plead guilty to 2 counts of second-degree sexual abuse in Clackamas County Circuit Court Tuesday, August 10. Originally, McDaniel was charged with 17 counts of 2nd degree sex assault involving 13 women, but most of the counts were dismissed as part of a plea agreement. After a victim videotaped McDaniel admitting the groping and blaming it on sex addiction, he was indicted in March this year.
McDaniel selected particularly vulnerable women -- one had leukemia, another had been raped years earlier, said prosecutor Bill Golden. The women need someone caring to talk to as they tried to "regain a sense of well being and balance," Golden said. Instead, they met a man who used the encounters "for his own gratification," Golden said.
Four victims were present during McDaniel's sentence. The former rape survivor said, "Over time, I opened my heart and revealed my personal history.You can't understand the pain I feel." A second victim stated, "I can't get back what I lost. Now I have hate inside me. You're a very sick person. You're not a man, you're an animal."
After McDaniel had tried to apologize to his victims, Circuit Judge Ronald D. Thom prevented him from doing so. "I think that would be highly inappropriate given the circumstances," said Judge Thom.
McDaniel selected particularly vulnerable women -- one had leukemia, another had been raped years earlier, said prosecutor Bill Golden. The women need someone caring to talk to as they tried to "regain a sense of well being and balance," Golden said. Instead, they met a man who used the encounters "for his own gratification," Golden said.
Four victims were present during McDaniel's sentence. The former rape survivor said, "Over time, I opened my heart and revealed my personal history.You can't understand the pain I feel." A second victim stated, "I can't get back what I lost. Now I have hate inside me. You're a very sick person. You're not a man, you're an animal."
After McDaniel had tried to apologize to his victims, Circuit Judge Ronald D. Thom prevented him from doing so. "I think that would be highly inappropriate given the circumstances," said Judge Thom.
Monday, August 16, 2010
Man who held 1st wife hostage in Florida in 1989 sentenced to 55 years for murder of 2nd wife
A man who had been imprisoned 15 years in a Florida prison for kidnapping and holding his first wife and daughter hostage was sentenced to 55 years without parole for killing his second wife. Lake County Circuit Court Theodore Potkonjak sentenced Clarence Weber Thursday, August 12 for the July 5, 2008 stabbing death of his estranged wife Adelina.
Adelina had filed for divorce on June 30, 2008. Weber made multiple trips to the restaurant Adelina worked at between July 1 to July 5 leaving notes to meet, Kalata said. For unknown reasons, Adelina agreed to meet Weber on July 5, 2008. It was at this meeting that Weber stabbed her to death and then fled, [State's Attorney Eric] Kalata said.
Weber has a history of violent behavior against women, Kalata said. In 1989, Weber choked his wife, put a knife to her throat and held their daughter hostage. Weber served 15 years in prison in Florida for the offenses against his first wife, Kalata said. "It was a horrible situation in Florida and it was a horrible situation here. At the center of both horrible situations was Mr. Weber," Potkonjak said.
While Kalata asked for the maximum 60 year sentence, Assistant Public Defender John Bailey said he and his client were "asking for some hope that someday, somehow, Mr. Weber might be released because a long prison sentence is a life sentence because Mr. Weber is 61 years old," Bailey said.
Judge Potkonjak sided with the prosecution and the victim's family, saying that anything closer to the lower end of the sentencing range (20 to 60 years for 1st degree murder in illinois) will" deprecate the seriousness of his actions."
The victim's sister, Cynthia Trujillo, said in her victim impact statement "All the therapy in the world will not stop the tears...It's unbelievable how one person can shatter so many hearts." After the sentence was meted out, she stated,"[the family is] definitely satisfied with the sentence. As long as he's locked up, we'll be better off."
Adelina had filed for divorce on June 30, 2008. Weber made multiple trips to the restaurant Adelina worked at between July 1 to July 5 leaving notes to meet, Kalata said. For unknown reasons, Adelina agreed to meet Weber on July 5, 2008. It was at this meeting that Weber stabbed her to death and then fled, [State's Attorney Eric] Kalata said.
Weber has a history of violent behavior against women, Kalata said. In 1989, Weber choked his wife, put a knife to her throat and held their daughter hostage. Weber served 15 years in prison in Florida for the offenses against his first wife, Kalata said. "It was a horrible situation in Florida and it was a horrible situation here. At the center of both horrible situations was Mr. Weber," Potkonjak said.
While Kalata asked for the maximum 60 year sentence, Assistant Public Defender John Bailey said he and his client were "asking for some hope that someday, somehow, Mr. Weber might be released because a long prison sentence is a life sentence because Mr. Weber is 61 years old," Bailey said.
Judge Potkonjak sided with the prosecution and the victim's family, saying that anything closer to the lower end of the sentencing range (20 to 60 years for 1st degree murder in illinois) will" deprecate the seriousness of his actions."
The victim's sister, Cynthia Trujillo, said in her victim impact statement "All the therapy in the world will not stop the tears...It's unbelievable how one person can shatter so many hearts." After the sentence was meted out, she stated,"[the family is] definitely satisfied with the sentence. As long as he's locked up, we'll be better off."
Friday, August 13, 2010
Woman who killed estranged husband recieves life without parole
A Baltimore County teacher was sentenced to life without parole for the murder of her husband Tuesday, August 10. Mary C. Koontz was sentenced to the maximum sentence for the 1st degree murder of her husband, Ronald G. Koontz, who was 66 when murdered. Ronald was a recently retired Baltimore County public school administrator.
The murder was committed on June 19, 2009, at the Koontz home in Glen Arm, Maryland. Mary shot her husband to death with a handgun, then went after her then 16 year old daughter Kelsey. After a 9 day trial and three days of deliberations, she was fouind criminally responsible for the murder of her husband and the attempted murder of now 17 year old daughter Kelsey. The guilty verdict took place July 8.
The defense said Koontz shouldn't be held responsible because she was delusional and had been isolated from her family since 2007 when, after a mental evaluation, she wasn't welcome in the home. Throughout the trial, several doctors testified that Koontz had been diagnosed with several different mental disorders.
A doctor for the defense said she didn't believe that Koontz was faking being mentally ill the day she killed her husband; however another doctor said Koontz was diagnosed with a disorder where she put her needs in front of others, and another said he didn't believe she was psychotic during the incident based on her actions prior to the killing.
When Koontz took the stand in her own defense, she said she didn't mean what she said in the messages.
Koontz said she was diagnosed with Post Traumatic Stress Disorder and borderline personality disorder, and she'd been treated for depression since 1991. She said she was in a fog the day her husband was killed, and she told jurors she didn't remember pulling the trigger. Koontz claimed she was also trying to commit suicide. She told jurors her husband was abusive and that he referred to her as damaged and criticized her for a lot of things.
The prosecution said that Mary was deliberate when she planned the attack on her husband and daughter, because she concealed the rental car she used to try and get away and bought the gun ont of state.
During sentencing, Kelsey gave a victim impact statement which ended with "I know if I ever see her face again, my life will be at risk and it will be the last face I ever see." Mary said to Kelsey and her son from a previous marriage that “Words are totally inadequate. You deserve nothing but goodness in your life.”
After Mary received her life without parole sentence, Kelsey said, "I just wanted her to hear how much she hurt me ... Maybe she had bad things happen in her childhood, but it's an individual's responsibility to get help, talk to people, make sure you don't lead the rest of your life down a path of no return...I think that my mom should be a lesson to everyone that no matter what you're going through right now, you can get past it and you can move on. You can be a better person for whatever you're going through in your life."
The murder was committed on June 19, 2009, at the Koontz home in Glen Arm, Maryland. Mary shot her husband to death with a handgun, then went after her then 16 year old daughter Kelsey. After a 9 day trial and three days of deliberations, she was fouind criminally responsible for the murder of her husband and the attempted murder of now 17 year old daughter Kelsey. The guilty verdict took place July 8.
The defense said Koontz shouldn't be held responsible because she was delusional and had been isolated from her family since 2007 when, after a mental evaluation, she wasn't welcome in the home. Throughout the trial, several doctors testified that Koontz had been diagnosed with several different mental disorders.
A doctor for the defense said she didn't believe that Koontz was faking being mentally ill the day she killed her husband; however another doctor said Koontz was diagnosed with a disorder where she put her needs in front of others, and another said he didn't believe she was psychotic during the incident based on her actions prior to the killing.
When Koontz took the stand in her own defense, she said she didn't mean what she said in the messages.
Koontz said she was diagnosed with Post Traumatic Stress Disorder and borderline personality disorder, and she'd been treated for depression since 1991. She said she was in a fog the day her husband was killed, and she told jurors she didn't remember pulling the trigger. Koontz claimed she was also trying to commit suicide. She told jurors her husband was abusive and that he referred to her as damaged and criticized her for a lot of things.
The prosecution said that Mary was deliberate when she planned the attack on her husband and daughter, because she concealed the rental car she used to try and get away and bought the gun ont of state.
During sentencing, Kelsey gave a victim impact statement which ended with "I know if I ever see her face again, my life will be at risk and it will be the last face I ever see." Mary said to Kelsey and her son from a previous marriage that “Words are totally inadequate. You deserve nothing but goodness in your life.”
After Mary received her life without parole sentence, Kelsey said, "I just wanted her to hear how much she hurt me ... Maybe she had bad things happen in her childhood, but it's an individual's responsibility to get help, talk to people, make sure you don't lead the rest of your life down a path of no return...I think that my mom should be a lesson to everyone that no matter what you're going through right now, you can get past it and you can move on. You can be a better person for whatever you're going through in your life."
Thursday, July 29, 2010
"Guru" who groomed, raped young women sentenced to 10 years
The Australian
A MAN who claimed to be an internationally revered spiritual guru in order to rape and sexually assault potentially hundreds of women has been jailed for ten years by a British judge.
London's Wood Green Crown Court was told [July 26, 2010] that Michael Lyons, 52, known as Mohan Singh, drugged and sexually assaulted women he had "groomed" with lies that he was a spiritual leader who had treated the Queen and counted the Dalai Lama and Hollywood actor Steven Seagal among his friends.
Jamaican-born Lyons, who was raised in Manchester, northern England, was convicted on one count of rape and another of sexual assault by penetration, and placed on the sex offenders register for life as police were investigating further claims against him.
The court was told Lyons also regularly extracted hundreds of pounds from each of his 40 female followers, using the money to buy cars and apartments in London, Los Angeles and Miami, all the while claiming that he was funding lamas to teach in the U.K.
In 2002 Lyons raped one victim in his London flat after she went there after a work colleague praised Lyons as a "spiritual, maybe psychic person."
He was also convicted of assaulting a 43-year-old teacher who traveled to London to see him for chiropractic treatment on the recommendation of her female lodger, one of Lyons' followers. Philip Katz, QC, for the prosecution, said Lyons surrounded himself with young and attractive women but was a "sexual predator masquerading as a guru and a healer".
Detective Sergeant Nick Giles, who led the investigation, told the court Lyons used "deprivation, psychological harassment as well as group social pressure" to entice the unsuspecting women into the cult and that he manipulated his female followers to lure other women.
"He has a spider’s web of women who will go out and get other women and tell them Michael Lyons will be a positive influence in their life," he said."He sexually assaulted victims during this process," he added. "This coercive persuasion forced people to change their beliefs, ideas, attitudes and behaviors, using psychological pressure, undue influence, threats, anxiety and intimidation."
As well as U.K. victims who gave evidence, others flew from New Zealand and the U.S., where he is wanted by the FBI on rape allegations. His powerful cult is also believed to span France and India.
Some of his followers, who had also raised £300,000 ($513,000) bail and £500,000 ($855,000) for his defense, attended every day of the three month trial, at which Lyons appeared wearing burgundy robes. Giles said that witnesses gave alibis to Lyons and would say anything in his support. Lyons, who has been accused of raping women since 1998, was finally caught after an international joint operation between Scotland Yard and the FBI.
Sentencing, Judge Nicholas Browne, QC, said: "Under the guise of giving them alternative therapeutic treatment when their guard was low you took advantage of them by sexually abusing them. You used treatment as a precursor to sexual abuse and you were in a position of trust."
A MAN who claimed to be an internationally revered spiritual guru in order to rape and sexually assault potentially hundreds of women has been jailed for ten years by a British judge.
London's Wood Green Crown Court was told [July 26, 2010] that Michael Lyons, 52, known as Mohan Singh, drugged and sexually assaulted women he had "groomed" with lies that he was a spiritual leader who had treated the Queen and counted the Dalai Lama and Hollywood actor Steven Seagal among his friends.
Jamaican-born Lyons, who was raised in Manchester, northern England, was convicted on one count of rape and another of sexual assault by penetration, and placed on the sex offenders register for life as police were investigating further claims against him.
The court was told Lyons also regularly extracted hundreds of pounds from each of his 40 female followers, using the money to buy cars and apartments in London, Los Angeles and Miami, all the while claiming that he was funding lamas to teach in the U.K.
In 2002 Lyons raped one victim in his London flat after she went there after a work colleague praised Lyons as a "spiritual, maybe psychic person."
He was also convicted of assaulting a 43-year-old teacher who traveled to London to see him for chiropractic treatment on the recommendation of her female lodger, one of Lyons' followers. Philip Katz, QC, for the prosecution, said Lyons surrounded himself with young and attractive women but was a "sexual predator masquerading as a guru and a healer".
Detective Sergeant Nick Giles, who led the investigation, told the court Lyons used "deprivation, psychological harassment as well as group social pressure" to entice the unsuspecting women into the cult and that he manipulated his female followers to lure other women.
"He has a spider’s web of women who will go out and get other women and tell them Michael Lyons will be a positive influence in their life," he said."He sexually assaulted victims during this process," he added. "This coercive persuasion forced people to change their beliefs, ideas, attitudes and behaviors, using psychological pressure, undue influence, threats, anxiety and intimidation."
As well as U.K. victims who gave evidence, others flew from New Zealand and the U.S., where he is wanted by the FBI on rape allegations. His powerful cult is also believed to span France and India.
Some of his followers, who had also raised £300,000 ($513,000) bail and £500,000 ($855,000) for his defense, attended every day of the three month trial, at which Lyons appeared wearing burgundy robes. Giles said that witnesses gave alibis to Lyons and would say anything in his support. Lyons, who has been accused of raping women since 1998, was finally caught after an international joint operation between Scotland Yard and the FBI.
Sentencing, Judge Nicholas Browne, QC, said: "Under the guise of giving them alternative therapeutic treatment when their guard was low you took advantage of them by sexually abusing them. You used treatment as a precursor to sexual abuse and you were in a position of trust."
Sunday, July 11, 2010
Man forces wife and her "lover" to have sex after catching her cheating - both plead guilty
(Original Post 12-24-09)
A man whose wife cheated on him with another man allegedly forced the "lover" and his wife to have sex with each other in their Minnesota home. 52 year old Kevin Robert Thomas was charged in Cook County, MN court with kidnapping, second-degree assault, terroristic threats, false imprisonment, domestic assault and second-degree criminal sexual conduct. His wife, Susan Ann Thompson, 40, is charged with second-degree criminal sexual conduct, kidnapping and false imprisonment.
According to the criminal complaint filed against Susan Thompson, the alleged victim believed that her husband had discovered the affair. When he turned down her invitation to her home on May 15, she became angry and threatened to tell her husband that the alleged victim had been bothering her. She said her husband would harm him by “peeling off his face or killing him,” the complaint alleges.
Susan Thompson is accused of calling the alleged victim several times on May 15 and demanding that he come to their house. He eventually acquiesced. When he arrived at the house, the woman invited him downstairs. The man told Cook County sheriff’s deputies that the woman told him: “You look hot. Take off your shirt and take something else off.” He was wearing only a T-shirt and his underwear when Kevin Thompson arrived home. Kevin Thompson came downstairs holding a crowbar and a hammer.
[Defense Attorney Richard] Holmstrom said his client came home and saw another vehicle in his driveway and didn’t know if someone might be burglarizing his house. He said Kevin Thompson put a handgun in his belt for his own protection, went downstairs and found his wife and the alleged victim engaged in sexual activity.
Susan Thompson was charged because she willingly accepted a sex toy and did not express surprise or concern about the events, but the victim did, especially after Kevin struggled with him and tied him up with plastic ties and duct tape. According to the complaint, Kevin uttered threats to the "lover" during the standoff, saying “We start with losing a digit here and there...I could turn that on and put your face in it [the electric oven.]...I want to ruin you financially. I don’t need your money. I’ve got five million in the bank.”
Richard Holmstrom, who represents Kevin, said that “The best way to sum this case up is if the prosecution wants to call [the alleged victim] a victim, the only thing he is a victim of is his own lust and his own illicit lust,” Holmstrom said. “He got caught in the act, and now they are trying to make it out that Kevin Thompson is some kind of a criminal here — and he’s just not.
"He came home and he’s presented with a situation where his wife is engaged in sexual activity with another man,” Holmstrom said. “He got mad, things happened during that night, but [the alleged victim] was not injured in any way physically. He was allowed to leave. … It’s our position that he committed no crime.”
Law enforcement alleges that they “found digital material on the Thompson’s computers and cell phones indicating that both husband and wife regularly search for ‘swinger’ relationships on the Internet … and have engaged in sexual relationships with multiple partners.”
[Susan Thompson's attorney Chris]Stocke describes Susan Thompson as “a very pretty woman, genteel, honest, well-spoken, professional.” He said she did volunteer work and had worked as a substitute teacher.
“That’s just speculation by police,” Holmstrom said. “They seized every computer they could get their hands on in the house. At least one of those computers had been used in Mr. Thompson’s business in the Chicago area.”
The Thompsons are the parents of an 11 year old boy, the only real victim, regardless of the outcome of this case.
(Update 5-14-10) Guilty Plea
The Thompsons plead guilty in Minnesota's Cook County District Court to kidnapping, false imprisonment, and criminal sexual conduct. Kevin Thompson also plead to second-degree assault and terroristic threats. Both appeared separately under 6th Judicial District Judge Kenneth Sandvik Tuesday, May 11.
Both testified that Kevin Thompson had learned of Susan's affair with another man about a week earlier, and that Kevin Thompson asked Susan to lure the victim to their residence. Susan Thompson, under questioning by her attorney, Christopher Stocke of Duluth, said she was no longer claiming that her husband forced her to take part in the scheme.
"He asked you to get (the victim) to come to your residence?" Stocke asked. "Yes," Susan Thompson said. "To really scare him?" "Yes." "Maybe threaten him?" "Yes."
Kevin Thompson, under questioning from his attorney, Richard Holmstrom of Duluth, testified that he surprised the victim in the basement of their home that night, that the two men struggled, and that Thompson overpowered the victim.
"You forced him to stay in the home for the next, I would imagine, six to eight hours?" Holmstrom asked. "Yes," Kevin Thompson said. "You don't have any doubt that he was terrorized?" "That's correct." Thompson also testified that he displayed a firearm, and that he forced the victim to have sexual contact with his wife.
According to the plea agreement, Kevin will serve 2 years at the Northeast Regional Correction Center, another year under house arrest and 10 years probation. He'll be ordered to pay $10,000 in restitution and a $20,000 fine, undergo psychosexual evaluation and register as a sex offender. Susan will not have to register as a sex offender or spend time in prison, but will have to under a year or two of electronic monitoring, pay $10,000 fine, and otherwise abide by the same stipulations as her husband.
Cook County Attorney Timothy Scannell reached a plea agreement with both Thompsons separately. The lack of jail time for the wife was so their son, described as a straight A student by her attorney Chris Stocke, could be raised by at least one biological parent. "The main reason my client agreed to this is that (their child) would be able to be taken care of. If both of them were going to be incarcerated, this case would have gone to trial."
Scanell said that the involvement of the child factored into the prosecution's decision to plea. "I think that the impact of the child influenced their decision and the state's decision as well. I think it's an appropriate resolution, and I'm pleased that we're finally done with this case." Formal sentencing will be July 7.
(Update 7-11-10) As promised, the Thompsons were sentenced as indicated in their plea agreement Wednesday, July 7. The victim was present in their courtroom, and said in a statement, “The Thompsons are scurrilous individuals who show no shame, no remorse and no regret. It’s time for the Thompsons to realize that the gig is up.”
Judge Sandvik said that “You’re not here because you engaged in an alternative sexual lifestyle. You’re here because you engaged in violence and threats of violence … and they were sexual in nature.”
Kevin was ordered taken into custody immediately, while Susan was ordered under house arrest, which includes no guests without permission of her probation officer. Both Thompsons were ordered to enter sex offender treatment programs and pay restitution and court costs totaling $50,000.
A man whose wife cheated on him with another man allegedly forced the "lover" and his wife to have sex with each other in their Minnesota home. 52 year old Kevin Robert Thomas was charged in Cook County, MN court with kidnapping, second-degree assault, terroristic threats, false imprisonment, domestic assault and second-degree criminal sexual conduct. His wife, Susan Ann Thompson, 40, is charged with second-degree criminal sexual conduct, kidnapping and false imprisonment.
According to the criminal complaint filed against Susan Thompson, the alleged victim believed that her husband had discovered the affair. When he turned down her invitation to her home on May 15, she became angry and threatened to tell her husband that the alleged victim had been bothering her. She said her husband would harm him by “peeling off his face or killing him,” the complaint alleges.
Susan Thompson is accused of calling the alleged victim several times on May 15 and demanding that he come to their house. He eventually acquiesced. When he arrived at the house, the woman invited him downstairs. The man told Cook County sheriff’s deputies that the woman told him: “You look hot. Take off your shirt and take something else off.” He was wearing only a T-shirt and his underwear when Kevin Thompson arrived home. Kevin Thompson came downstairs holding a crowbar and a hammer.
[Defense Attorney Richard] Holmstrom said his client came home and saw another vehicle in his driveway and didn’t know if someone might be burglarizing his house. He said Kevin Thompson put a handgun in his belt for his own protection, went downstairs and found his wife and the alleged victim engaged in sexual activity.
Susan Thompson was charged because she willingly accepted a sex toy and did not express surprise or concern about the events, but the victim did, especially after Kevin struggled with him and tied him up with plastic ties and duct tape. According to the complaint, Kevin uttered threats to the "lover" during the standoff, saying “We start with losing a digit here and there...I could turn that on and put your face in it [the electric oven.]...I want to ruin you financially. I don’t need your money. I’ve got five million in the bank.”
Richard Holmstrom, who represents Kevin, said that “The best way to sum this case up is if the prosecution wants to call [the alleged victim] a victim, the only thing he is a victim of is his own lust and his own illicit lust,” Holmstrom said. “He got caught in the act, and now they are trying to make it out that Kevin Thompson is some kind of a criminal here — and he’s just not.
"He came home and he’s presented with a situation where his wife is engaged in sexual activity with another man,” Holmstrom said. “He got mad, things happened during that night, but [the alleged victim] was not injured in any way physically. He was allowed to leave. … It’s our position that he committed no crime.”
Law enforcement alleges that they “found digital material on the Thompson’s computers and cell phones indicating that both husband and wife regularly search for ‘swinger’ relationships on the Internet … and have engaged in sexual relationships with multiple partners.”
[Susan Thompson's attorney Chris]Stocke describes Susan Thompson as “a very pretty woman, genteel, honest, well-spoken, professional.” He said she did volunteer work and had worked as a substitute teacher.
“That’s just speculation by police,” Holmstrom said. “They seized every computer they could get their hands on in the house. At least one of those computers had been used in Mr. Thompson’s business in the Chicago area.”
The Thompsons are the parents of an 11 year old boy, the only real victim, regardless of the outcome of this case.
(Update 5-14-10) Guilty Plea
The Thompsons plead guilty in Minnesota's Cook County District Court to kidnapping, false imprisonment, and criminal sexual conduct. Kevin Thompson also plead to second-degree assault and terroristic threats. Both appeared separately under 6th Judicial District Judge Kenneth Sandvik Tuesday, May 11.
Both testified that Kevin Thompson had learned of Susan's affair with another man about a week earlier, and that Kevin Thompson asked Susan to lure the victim to their residence. Susan Thompson, under questioning by her attorney, Christopher Stocke of Duluth, said she was no longer claiming that her husband forced her to take part in the scheme.
"He asked you to get (the victim) to come to your residence?" Stocke asked. "Yes," Susan Thompson said. "To really scare him?" "Yes." "Maybe threaten him?" "Yes."
Kevin Thompson, under questioning from his attorney, Richard Holmstrom of Duluth, testified that he surprised the victim in the basement of their home that night, that the two men struggled, and that Thompson overpowered the victim.
"You forced him to stay in the home for the next, I would imagine, six to eight hours?" Holmstrom asked. "Yes," Kevin Thompson said. "You don't have any doubt that he was terrorized?" "That's correct." Thompson also testified that he displayed a firearm, and that he forced the victim to have sexual contact with his wife.
According to the plea agreement, Kevin will serve 2 years at the Northeast Regional Correction Center, another year under house arrest and 10 years probation. He'll be ordered to pay $10,000 in restitution and a $20,000 fine, undergo psychosexual evaluation and register as a sex offender. Susan will not have to register as a sex offender or spend time in prison, but will have to under a year or two of electronic monitoring, pay $10,000 fine, and otherwise abide by the same stipulations as her husband.
Cook County Attorney Timothy Scannell reached a plea agreement with both Thompsons separately. The lack of jail time for the wife was so their son, described as a straight A student by her attorney Chris Stocke, could be raised by at least one biological parent. "The main reason my client agreed to this is that (their child) would be able to be taken care of. If both of them were going to be incarcerated, this case would have gone to trial."
Scanell said that the involvement of the child factored into the prosecution's decision to plea. "I think that the impact of the child influenced their decision and the state's decision as well. I think it's an appropriate resolution, and I'm pleased that we're finally done with this case." Formal sentencing will be July 7.
(Update 7-11-10) As promised, the Thompsons were sentenced as indicated in their plea agreement Wednesday, July 7. The victim was present in their courtroom, and said in a statement, “The Thompsons are scurrilous individuals who show no shame, no remorse and no regret. It’s time for the Thompsons to realize that the gig is up.”
Judge Sandvik said that “You’re not here because you engaged in an alternative sexual lifestyle. You’re here because you engaged in violence and threats of violence … and they were sexual in nature.”
Kevin was ordered taken into custody immediately, while Susan was ordered under house arrest, which includes no guests without permission of her probation officer. Both Thompsons were ordered to enter sex offender treatment programs and pay restitution and court costs totaling $50,000.
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?"
Monday, June 28, 2010
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.
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.
Friday, June 25, 2010
Ex-"boyfriend" sentenced to 15 years for attemped murder of woman outside mall
A man who stabbed his ex-"girlfriend" 5 times outside the Main Place Mall in downtown Buffalo, NY last year was sentenced to 15 years imprisonment by Erie County Judge Thomas P. Franczyk Tuesday, June 22. Jeffery Pearson, 51, stabbed "girlfriend" 48 year old Jean Cox on February 25, 2009 after an argument, presumably over her new boyfriend. According to Homicide Prosecutor Thomas M. Finnerty, only the actions of two bystanders prevented the attack from becoming a murder case.
He was found guilty by the judge after a two-day trial in April. Besides attempted murder, he was convicted of aggravated criminal contempt for violating a court order of protection that the victim had obtained against him before the attack and aggravated harassment for threatening telephone calls he kept making to her.
Pearson claimed that he "snapped," with Cox accidentally falling on his knife 5 times. The judge saw through that lie - people don't accidently fall on knives carried by others even once.
His lawyer, Louis P. Violanti, argued that the attack represented only “two minutes of [Pearson’s] life.” He also told the judge that his client, a reformed drug addict, is “an emotional man who suffers from depression and anxiety.”
Though Pearson apologized to Cox, who was in court for the sentencing, Pearson still tried to minimize responsibility, stating that the knife was intended for a suicide in front of the victim, not her attempted murder.
He was found guilty by the judge after a two-day trial in April. Besides attempted murder, he was convicted of aggravated criminal contempt for violating a court order of protection that the victim had obtained against him before the attack and aggravated harassment for threatening telephone calls he kept making to her.
Pearson claimed that he "snapped," with Cox accidentally falling on his knife 5 times. The judge saw through that lie - people don't accidently fall on knives carried by others even once.
His lawyer, Louis P. Violanti, argued that the attack represented only “two minutes of [Pearson’s] life.” He also told the judge that his client, a reformed drug addict, is “an emotional man who suffers from depression and anxiety.”
Though Pearson apologized to Cox, who was in court for the sentencing, Pearson still tried to minimize responsibility, stating that the knife was intended for a suicide in front of the victim, not her attempted murder.
Thursday, June 24, 2010
Long Island doctor convicted of voyeurism charges - faces 4 years in prison
A Long Island doctor has been convicted of using a hidden toliet camera against his patients and employees Monday, June 21. 54 year old Vincent Pacienza was found guilty in a Nassau County, NY courtroom of unlawful surveillance. Pacienza told his employees back in June 2008 that he would be installing an air purifier in the washroom which was shared by employees and patients, closing down the employee-only washroom.
However, that air purifier contained a hidden camera which faced the toilet (and the women using it). It was hooked up to a monitor hidden underneath Pacienza's desk. He was caught when one of the victims opened up office mail and saw the invoice for the air purifier with the hidden camera inside. Pacienza was arrested a bit later on.
While sentencing is set for July 31, Pacienza will face a decade on the New York sex offender registry, and disciplinary action against his medical license. Nassau County District Attorney Kathleen Rice said “This defendant completely betrayed the trust of his employees, many of whom worked him for many years.”
However, that air purifier contained a hidden camera which faced the toilet (and the women using it). It was hooked up to a monitor hidden underneath Pacienza's desk. He was caught when one of the victims opened up office mail and saw the invoice for the air purifier with the hidden camera inside. Pacienza was arrested a bit later on.
While sentencing is set for July 31, Pacienza will face a decade on the New York sex offender registry, and disciplinary action against his medical license. Nassau County District Attorney Kathleen Rice said “This defendant completely betrayed the trust of his employees, many of whom worked him for many years.”
Sunday, March 28, 2010
Woman sentenced to life without parole for shooting ex-"girlfriend" after argument
A Manatee, FL woman who was convicted of killing her ex-"partner" was sentenced to life without parole Friday, March 19. Cynthia Monson, 51, was sentenced to the mandatory life without parole term for the murder of her ex, Patricia Thomas January 2009. While Monson's attorney claimed self-defense, Assistant State Attorney Art Brown said that Monson's re-enactment of the killing proved intent to kill.
“Even though she claimed she was in fear ... she kept adjusting her arm so she could shoot her in the head. It really became clear that it was done with intent and not in self-defense.”
At the time of her arrest, Monson told detectives she and Thomas had been arguing about their past relationship and custody of a child they adopted together.
Monson told detectives that she bought a gun on Jan. 13 after several arguments with Thomas in the weeks prior to the shooting. Four days later Thomas arrived at Monson’s home, in the 6400 block of Second Avenue Northeast, and they argued.
Thomas claimed to have a gun in her vehicle and Monson “determined at that time that it was her or the victim,” sheriff’s reports state. Prosecutors say Monson then opened fire on her ex-girlfriend with the revolver she had obtained days prior. Sheriff’s report say she shot Thomas five times, including in the back of the head.
The Manatee County jury took only two hours to convict Monson. The victim and perp were a couple for a dozen years, up until just before the shooting.
Thursday, March 11, 2010
"Husband" gets 5 years for infecting wife with HIV
A 51 year old suburban Cleveland man was sentenced to 5 years in prison for giving his wife HIV, which because of lack of treatment, progressed into full-blown AIDS. Fernando Castro pleaded guilty to felonious assault February 10 in Cuyahoga County Common Pleas Court. Judge Timothy McGinty said, "This is a crime that calls for punishment. There is a price to pay for such irresponsible behavior."
Castro began getting treatment for HIV from MetroHealth Medical Center in 1993, medical officials testified.
His first wife died of health problems caused by the infection the following year.
When he met his current wife in 1995, he told her that his first wife died of cervical cancer. He got treatment behind her back and even got his son from his first marriage, who is now 17, tested. He never told his current wife, however, that he was infected and made up excuses when she saw him taking pills.
The victim was charmed by Castro's knowledge of the Bible and basketball. "I thought he was going to be a real good father figure to my children," she said. Warning signs she sped past included sugessting that she drop contact with her family. "He never wanted me to have any contact with his family at all. My family always thought he was sneaky." They married in 2004.
Then she started dropping weight, feeling cold and getting the chills. She chalked it up to the cool temperature in the lab, then decided she was catching a cold. By the end of July, she was running a fever, coughing and having trouble breathing. Her doctor diagnosed a respiratory infection and prescribed antibiotics.
Instead of getting better, she grew worse. On Aug. 5, she went without her husband to the emergency room at Fairview Hospital. Doctors admitted her immediately and kept her for more than a week. "They thought I was going to die," she said.
While she was in the hospital, her husband moved out of their Cleveland home and into an apartment in Beachwood. Finally, doctors confirmed she had had HIV for years and that it had developed into AIDS. She ordered her family out of her hospital room, and, as she cried, she remembered a fight she once had with her husband.
"He said, 'One of these days you're going to get what's coming to you,' " she said. "I told him, 'If you hurt me in any kind of way, I'm going to press charges.' "
She had never thought he would do anything to hurt her, but now that she inexplicably had AIDS, she went to Cleveland police. Officers pulled her husband's medical records, which revealed that he had been getting treatment for HIV since at least 2004, the year they married.
It was then that Castro abandoned his victim. He was charged in October, and this exchange occurred on Castro's 51st birthday, when the victim's 7 year old adopted son sent Castro a card. "I said, 'What, were you waiting for me to die? I was at the hospital and you didn't even tell me. That way they can take care of me right away rather than me waiting 10 days [in the hospital] to figure it out so they can give me the right medicine.'
The hospitailzations and treatment cost the woman her job as a dialysis worker. SHe sold her wedding ring to support her family, including the 7 year old boy. However, she still needs assistance in getting the divorce finalized. When one of her older children got married earlier this year and their HIV tests came back healthy, "I cried the whole ceremony. I'm not going to let this destroy me."
Castro began getting treatment for HIV from MetroHealth Medical Center in 1993, medical officials testified.
His first wife died of health problems caused by the infection the following year.
When he met his current wife in 1995, he told her that his first wife died of cervical cancer. He got treatment behind her back and even got his son from his first marriage, who is now 17, tested. He never told his current wife, however, that he was infected and made up excuses when she saw him taking pills.
The victim was charmed by Castro's knowledge of the Bible and basketball. "I thought he was going to be a real good father figure to my children," she said. Warning signs she sped past included sugessting that she drop contact with her family. "He never wanted me to have any contact with his family at all. My family always thought he was sneaky." They married in 2004.
Then she started dropping weight, feeling cold and getting the chills. She chalked it up to the cool temperature in the lab, then decided she was catching a cold. By the end of July, she was running a fever, coughing and having trouble breathing. Her doctor diagnosed a respiratory infection and prescribed antibiotics.
Instead of getting better, she grew worse. On Aug. 5, she went without her husband to the emergency room at Fairview Hospital. Doctors admitted her immediately and kept her for more than a week. "They thought I was going to die," she said.
While she was in the hospital, her husband moved out of their Cleveland home and into an apartment in Beachwood. Finally, doctors confirmed she had had HIV for years and that it had developed into AIDS. She ordered her family out of her hospital room, and, as she cried, she remembered a fight she once had with her husband.
"He said, 'One of these days you're going to get what's coming to you,' " she said. "I told him, 'If you hurt me in any kind of way, I'm going to press charges.' "
She had never thought he would do anything to hurt her, but now that she inexplicably had AIDS, she went to Cleveland police. Officers pulled her husband's medical records, which revealed that he had been getting treatment for HIV since at least 2004, the year they married.
It was then that Castro abandoned his victim. He was charged in October, and this exchange occurred on Castro's 51st birthday, when the victim's 7 year old adopted son sent Castro a card. "I said, 'What, were you waiting for me to die? I was at the hospital and you didn't even tell me. That way they can take care of me right away rather than me waiting 10 days [in the hospital] to figure it out so they can give me the right medicine.'
The hospitailzations and treatment cost the woman her job as a dialysis worker. SHe sold her wedding ring to support her family, including the 7 year old boy. However, she still needs assistance in getting the divorce finalized. When one of her older children got married earlier this year and their HIV tests came back healthy, "I cried the whole ceremony. I'm not going to let this destroy me."
Monday, February 8, 2010
Sunday School teacher stabbed to death outside of Wal-Mart - convicted sex offender suspect
A registered sex offender with a long criminal history in Arkansas was arrested outside his Oklahoma City trailer Saturday, February 6 and charged with the 1st degree murder of a 26 year old Sunday School teacher. Family members said that the victim, Nelly Pelts, made a habit of shopping lat at night inside the Del City Wal-Mart, all the while, witnessing and telling folks about her church, located next to the murder scene.
This habit turned tragic when Platts met James Allen O'Berry, 53, around 12:20 AM Saturday. The video shows O'Berry approaching Pelts and them leaving the store parking lot at 12:35 AM. According to O'Berry, they went outside of their cars then left with her. Next thing, according to O'Berry, he "blacked out" and at around 12:50 AM Saturday, O'Berry stabbed the woman to death and struck her with his car. He was later found inside his Oklahoma City mobile home.
James Allen O'Berry, 53, was taken into custody late Saturday evening after surveillance video from the Del City Walmart was aired on several local television stations and two separate tipsters called with O'Berry's name and address.
When detectives and officers from Midwest City and Oklahoma City Police Department arrived at O'Berry's mobile home, 2401 SE 44th, Lot No. 50 in Oklahoma City, his 1997 Lincoln Towne car was parked outside.
The car matched the description given by the witness who saw the attack and also had damage to the left front and driver's side rear view mirror. Evidence gathered at the murder scene from the suspect's car was linked to O'Berry's Lincoln. The car also had blood inside.
Investigators recovered O'Berry's clothing which had been discarded and dumped in a trash bin near I-35 and SW 44th Street.
Search warrants have been conducted on O'Berry's home and car in which additional evidence has been recovered. O'Berry had changed his appearance by cutting his hair and also suffered a laceration to his left arm during the attack which required medical treatment prior to him being jailed.
Del City Police Chief Brandon Clabes' statement is below.
We are extremely grateful to Walmart for providing photos of our suspect, to the media for airing those almost instantaneously, and to our tipsters who called in which lead to O'Berry's identification .A tremendous amount of manpower was allocated to solve this brutal homicide, and everyone worked tirelessly for justice. You have a young, innocent woman who devotes her life to her faith and because of this, becomes targeted by a sexual predator and ultimately killed. Basically within a time span of twenty minutes, James O'Berry tracked his prey and viciously killed her.
Brian Bates, the "Video Vigilante" who prevents johns from picking up prostitutes on a particular stretch of Oklahoma City highway, said that O'Berry tried to assault him, and heard from people who knew the convict after posting the video online. "All of those emails came with a warning he's a very violent man," Bates said.
Bates said he filed a complaint with the police department. But in the meantime, he tried to prevent O'Berry from soliciting prostitutes.
"My only fear is since the police didn't act on my video and didn't charge this guy with some sort of probation violation, he was then allowed to perpetrate this murder," Bates said.
District Attorney David Prate said he's been in contact with Brian Bates about the complaint he filed at the police department. Prater said he's trying to find out what happened and if O'Berry's probation could have been revoked, which may have prevented the murder of Nelly Pelts.
The Midwest City police department is currently holding O'Berry on a 1st degree murder complaint and is questioning him to see if more crimes can be traced to him.
Besides this case, O'Berry is named as a suspect in two other Oklahoma City police cases. In one, a 26 year old women complained that she started to be stalked after O'Bery met her at her southeast Oklahoma City church. A second woman alleges that as a police impersonator, O'Berry pulled her over in her car and raped her.
Saturday, February 6, 2010
Formerly committed serial rapist almost strikes again - sentenced to at least 20 years
(Original Post 10-25-09)
A serial rapist, confined at a state mental hospital after convictions of five rapes in the 1970's, was arrested for trying to rape a jogger at a Massachusetts state park September 28. Fifty-one year old Scott Gagnon, of Tewksbury, will be arraigned in Salem Superior Court for attempted rape and indecent assault and battery. Gagnon faces life in prison for the new charges, and is being held without bond as a danger to women.
The indictments, which were expected, were handed up late Wednesday by an Essex County grand jury. They move the case out of Ipswich District Court. Prosecutor Gerald Shea said he expects Gagnon to be rearraigned in Salem Superior Court within the next several weeks.
Gagnon was arrested on Sept. 28 after a woman jogging at the Sandy Point State Reservation at the southern tip of Plum Island reported that she was grabbed from behind and thrown to the ground. The woman managed to escape her attacker's grasp and ran, flagging down two men, who then drove her to a security gate to report the incident. Gagnon was found in a truck a short time later.
Gagnon was released from Bridgewater State Hospital in 2007 after being committed there in 1980 for the 70's rapes. Experts pronounced him "cured" even though Gagnon admitted to 20 other rapes before institutionalization. Only a week before the rape attempt, Gagnon, along with 40 other men, was busted in a john sting held by Haverhill, MA police, and released after paying a $500 fine.
(Update 2-6-10) Gagnon was sentenced to 20 to 25 years in prison for the rape attempt last fall by Judge John Lu. The sentencing took place Thursday, February 4, just after he took a plea deal on attempted rape and indecent assault and battery charges. Gangon will spend 20 years on probation and lifetime community supervision if he's released from prison. Ironically, Gagnon's minimum sentence is longer than it would have been if he was sentenced to life under Massachusetts law.
More details about that attempt are posted below. He can still be designated a sexually violent predator at the conclusion of his sentence.
Prosecutor Gerald Shea described to the judge the details of what happened on the afternoon of Sept. 28 at the Parker River National Wildlife Refuge, a seven-mile stretch of wilderness with hiking trails and beaches that stretches from Newbury to Ipswich.
The woman had gone to the southern end of the island, and was on the beach at the Sandy Point State Reservation in Ipswich when she first noticed Gagnon.
He stood out because of his attire, dressed more like a construction worker than a typical visitor to the refuge, Shea said. As he walked around, he was making her uncomfortable, Shea said. She realized that he was watching her.
So the woman went into a bathroom and changed into some running clothes, then started jogging on the wet sand. As she looked over her shoulder, she quickly realized that Gagnon was following behind her.
After a while Gagnon moved up toward the road and seemed to disappear. The woman kept running, about two miles, Shea said. Then, suddenly, Gagnon appeared again, trying to start a conversation. He asked her about the temperature of the water. She kept running.
Moments later, she felt someone come up fast behind her. Gagnon grabbed her around the chest and threw her to the ground. The woman screamed and resisted as waves of water broke over them. She was able to break away and began running. Gagnon ran, too, in the opposite direction.
A father and his daughter who were planning to spend the afternoon surfcasting on the island happened to drive by and the woman flagged them down, Shea said. That driver, Jeffrey Shaw, told police that the woman was "terrified." He called for help and drove her to the main gate of the refuge, where police were waiting.
Meanwhile, a U.S. Fish and Wildlife officer at the parking lot at the end of the island had spotted and detained Gagnon. Gagnon claimed he'd been jogging on the beach, and the woman was "in his way," so he "just grabbed her to move her out of his way."
Carol Cahill, Gagnon's atorney, said that "Mr. Gagnon, in all likelihood, is never going to be free again."
A serial rapist, confined at a state mental hospital after convictions of five rapes in the 1970's, was arrested for trying to rape a jogger at a Massachusetts state park September 28. Fifty-one year old Scott Gagnon, of Tewksbury, will be arraigned in Salem Superior Court for attempted rape and indecent assault and battery. Gagnon faces life in prison for the new charges, and is being held without bond as a danger to women.
The indictments, which were expected, were handed up late Wednesday by an Essex County grand jury. They move the case out of Ipswich District Court. Prosecutor Gerald Shea said he expects Gagnon to be rearraigned in Salem Superior Court within the next several weeks.
Gagnon was arrested on Sept. 28 after a woman jogging at the Sandy Point State Reservation at the southern tip of Plum Island reported that she was grabbed from behind and thrown to the ground. The woman managed to escape her attacker's grasp and ran, flagging down two men, who then drove her to a security gate to report the incident. Gagnon was found in a truck a short time later.
Gagnon was released from Bridgewater State Hospital in 2007 after being committed there in 1980 for the 70's rapes. Experts pronounced him "cured" even though Gagnon admitted to 20 other rapes before institutionalization. Only a week before the rape attempt, Gagnon, along with 40 other men, was busted in a john sting held by Haverhill, MA police, and released after paying a $500 fine.
(Update 2-6-10) Gagnon was sentenced to 20 to 25 years in prison for the rape attempt last fall by Judge John Lu. The sentencing took place Thursday, February 4, just after he took a plea deal on attempted rape and indecent assault and battery charges. Gangon will spend 20 years on probation and lifetime community supervision if he's released from prison. Ironically, Gagnon's minimum sentence is longer than it would have been if he was sentenced to life under Massachusetts law.
More details about that attempt are posted below. He can still be designated a sexually violent predator at the conclusion of his sentence.
Prosecutor Gerald Shea described to the judge the details of what happened on the afternoon of Sept. 28 at the Parker River National Wildlife Refuge, a seven-mile stretch of wilderness with hiking trails and beaches that stretches from Newbury to Ipswich.
The woman had gone to the southern end of the island, and was on the beach at the Sandy Point State Reservation in Ipswich when she first noticed Gagnon.
He stood out because of his attire, dressed more like a construction worker than a typical visitor to the refuge, Shea said. As he walked around, he was making her uncomfortable, Shea said. She realized that he was watching her.
So the woman went into a bathroom and changed into some running clothes, then started jogging on the wet sand. As she looked over her shoulder, she quickly realized that Gagnon was following behind her.
After a while Gagnon moved up toward the road and seemed to disappear. The woman kept running, about two miles, Shea said. Then, suddenly, Gagnon appeared again, trying to start a conversation. He asked her about the temperature of the water. She kept running.
Moments later, she felt someone come up fast behind her. Gagnon grabbed her around the chest and threw her to the ground. The woman screamed and resisted as waves of water broke over them. She was able to break away and began running. Gagnon ran, too, in the opposite direction.
A father and his daughter who were planning to spend the afternoon surfcasting on the island happened to drive by and the woman flagged them down, Shea said. That driver, Jeffrey Shaw, told police that the woman was "terrified." He called for help and drove her to the main gate of the refuge, where police were waiting.
Meanwhile, a U.S. Fish and Wildlife officer at the parking lot at the end of the island had spotted and detained Gagnon. Gagnon claimed he'd been jogging on the beach, and the woman was "in his way," so he "just grabbed her to move her out of his way."
Carol Cahill, Gagnon's atorney, said that "Mr. Gagnon, in all likelihood, is never going to be free again."
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