Doctor sentenced in indecent assaults on patients
By Kathleen Brady Shea
[Philadelphia]Inquirer Staff Writer
Authorities said a doctor who practiced in Kennett Square and was known for treating Lyme disease had another specialty: making unwanted advances to female patients. Peter Fabulian, 63, of Strasburg, who pleaded guilty in December to two counts of indecent assault, was sentenced Tuesday [March 1, 2011] to one month in prison and five months of electronic home confinement, followed by two years of probation.
"I know I've hurt people; I never meant to hurt people," Fabulian told Chester County Judge David F. Bortner.
The judge said Fabulian should have recognized the consequences of his actions. "He never meant to hurt people. . . . That may be, but he certainly did - very deeply and very seriously," Bortner said. "A lesser sentence would depreciate the seriousness of the crimes."
Assistant District Attorney Andrea Cardamone, who sought a six-month jail term, said that after Fabulian was charged with assaulting two women, others came forward. She said that two were within the statute of limitations and that the District Attorney's Office agreed not to file additional charges in exchange for Fabulian's cooperation. She said the agreement also included a provision that the court would hear about the other two cases to show a pattern.
During a hearing that lasted nearly three hours, Cardamone presented two witnesses and read a letter from a third. The women are not being identified by The Inquirer because of the nature of the offenses. Both described Fabulian's sexual overtures as an excruciating breach of trust. The first woman said she had to wait a year and a half for charges to be filed after contacting police because authorities said another victim would bolster her case.
Bortner said Fabulian's sentence would reflect only the two victims in the criminal complaint. He also said he would leave Fabulian's future as a doctor in the hands of the state Board of Osteopathic Medicine. A hearing is scheduled later this month.
Contact staff writer Kathleen Brady Shea at 610-696-3815 or kbrady@phillynews.com.
Showing posts with label 60's perp. Show all posts
Showing posts with label 60's perp. Show all posts
Tuesday, March 8, 2011
Sunday, March 6, 2011
Husband gets 10 years in university dean's slaying
On Monday, February 28, 61 year old William Murray Wiggins received 10 years for the 1st degree manslaughter of his wife, an assistant dean of the University of Oregon College of Education. The dean, 62 year old Andrea Nicholson Wiggins, was found strangled in a bathtub at her Springfield, OR home March 5, 2010. The perpetrator pled guilty to 1st degree manslaughter because prosecutors were uncertain that they could prove 2nd degree murder. Lane Circuit Judge Charles Carlson presided over the plea deal and sentencing.
William Wiggins initially reported his wife’s death as an accidental drowning. He might have succeeded at the ruse had Andrea Wiggins not left injuries on her husband’s body as she fought for her life, Springfield police Sgt. David Lewis said after the brief sentencing hearing.
Lewis credited Springfield police Detective Larry Turner with asking to see and then photographing scratch marks and “a severe bite mark” on William Wiggins’ chest after responding to a 911 report of “an elderly female found dead in a hot tub.”
Strangulation bruises were “not obvious” on Andrea Wiggins’ neck, Lewis said — perhaps because her body remained in the hot tub after her death.
William Wiggins claimed he killed his wife "while under the influence of extreme emotional disturbance,” but Springfield police indicated that the lack of financial contribution on his part to the marriage lead to the argument which lead to the slaying.
At the time of Andrea Wiggins’ death, William Wiggins had an inactive real estate broker’s license and she was the primary breadwinner. Her professional accomplishments included raising $30 million in private donations for a new College of Education building that opened in 2009.
According to the victim's son Alexander Vollmer, "she told us that Bill had no savings or money of his own and that she would have to earn enough for them both.” The victim's father said “I believe Andrea had had about enough and Wiggins was aware he was about to lose his meal ticket.
Before the sentence was passed, William said “Andrea was the love of my life and I’ll never forget her. I took away a daughter and a mother and a grandmother from her family. I cannot ask for their forgiveness. I can only hope for their understanding some day.”
Lane County Deputy District Attorney Bob Lane said the victim's family accepted the plea agreement because the perpetrator has reliquenched “all claims to property belonging to the victim, the victim’s estate, and to any proceeds of any life insurance policies. They wanted to make sure that he didn’t benefit from her death.”
Laura Fine, William Wiggins's attorney, said that the strangling of his wife was an anomoly in their 13 year marriage. "All reports indicate that this was a very loving couple with no history of domestic violence.” Her client's actions, she explained, was “the documented side effect of explosive rage caused by one of his prescription medications.”
Vollmer gave a victim impact statement saying that “It’s unbearable to think about how terrified my mother must have been in the last moments of her life,” As his rock, "Every day I miss her sound advice, her wacky sense of humor, her delight in retelling family stories, and even her constant worrying. Her absence has left a gaping hole in our lives.”
The son is still “shock and terrible distress at the nature of my mom’s death and Bill’s role in it," with the worst part being “having to explain to my 7-year-old daughter how her nanny had died.”
The victim's father Jack Nicholson wrote Judge Carlson explaining that his former son-in-law was
“a cruel, callous and calculating killer” and a “deadbeat,” in contrast to his daughter, who "was a precious and special person” who “worked all her life trying to make things better.”
William Wiggins initially reported his wife’s death as an accidental drowning. He might have succeeded at the ruse had Andrea Wiggins not left injuries on her husband’s body as she fought for her life, Springfield police Sgt. David Lewis said after the brief sentencing hearing.
Lewis credited Springfield police Detective Larry Turner with asking to see and then photographing scratch marks and “a severe bite mark” on William Wiggins’ chest after responding to a 911 report of “an elderly female found dead in a hot tub.”
Strangulation bruises were “not obvious” on Andrea Wiggins’ neck, Lewis said — perhaps because her body remained in the hot tub after her death.
William Wiggins claimed he killed his wife "while under the influence of extreme emotional disturbance,” but Springfield police indicated that the lack of financial contribution on his part to the marriage lead to the argument which lead to the slaying.
At the time of Andrea Wiggins’ death, William Wiggins had an inactive real estate broker’s license and she was the primary breadwinner. Her professional accomplishments included raising $30 million in private donations for a new College of Education building that opened in 2009.
According to the victim's son Alexander Vollmer, "she told us that Bill had no savings or money of his own and that she would have to earn enough for them both.” The victim's father said “I believe Andrea had had about enough and Wiggins was aware he was about to lose his meal ticket.
Before the sentence was passed, William said “Andrea was the love of my life and I’ll never forget her. I took away a daughter and a mother and a grandmother from her family. I cannot ask for their forgiveness. I can only hope for their understanding some day.”
Lane County Deputy District Attorney Bob Lane said the victim's family accepted the plea agreement because the perpetrator has reliquenched “all claims to property belonging to the victim, the victim’s estate, and to any proceeds of any life insurance policies. They wanted to make sure that he didn’t benefit from her death.”
Laura Fine, William Wiggins's attorney, said that the strangling of his wife was an anomoly in their 13 year marriage. "All reports indicate that this was a very loving couple with no history of domestic violence.” Her client's actions, she explained, was “the documented side effect of explosive rage caused by one of his prescription medications.”
Vollmer gave a victim impact statement saying that “It’s unbearable to think about how terrified my mother must have been in the last moments of her life,” As his rock, "Every day I miss her sound advice, her wacky sense of humor, her delight in retelling family stories, and even her constant worrying. Her absence has left a gaping hole in our lives.”
The son is still “shock and terrible distress at the nature of my mom’s death and Bill’s role in it," with the worst part being “having to explain to my 7-year-old daughter how her nanny had died.”
The victim's father Jack Nicholson wrote Judge Carlson explaining that his former son-in-law was
“a cruel, callous and calculating killer” and a “deadbeat,” in contrast to his daughter, who "was a precious and special person” who “worked all her life trying to make things better.”
Saturday, February 19, 2011
Predatory massage therapist sentenced to 11 years in prison
In 2008, three women reported to Apple Valley police that Valencour had touched their breasts and genitals and put his genitals in their hands during massages, according to a criminal complaint. Police located three more victims through the business's owner.
The owner, who hired Valencour, base the hiring on the recommendation of a massage school she trusted. The misplaced trust cost her her business and those women their dignity.
Dakota County Attorney James Backstrom, the prosecutor, said, "We're pleased with the lengthy prison term that was handed down today in this case. These types of crimes are extremely traumatic to the victims, whose privacy is directly invaded in a very disturbing way." Backstrom said the 11 years for the 4th degree CSC counts were the maximum prison sentence that could be handed down.
Monday, June 28, 2010
Van driver pleads guilty to groping developmentally disabled passenger
A 67 year old van driver plead guilty to 4th degree criminal sexual conduct for groping a disabled woman with an IQ of 49 on February 23, 2009. Minnesota City, MN resident David Michael Taylor plead guilty to the 4th degree count Wednesday, June 23.
At the time of the incident, Taylor was a driver for Winona ORC Industries, a company that provides job opportunities to disabled area residents. ORC officials fired Taylor after an internal investigation. He admitted Wednesday that he kissed the woman and groped her breast. The woman told police she twice asked Taylor to stop.
Taylor admitted that he had sexual contact with the woman, but claimed that it was consensual, and admitted to police he “knew that (the victim) wasn’t all quite there.” His counsel, J.P. Plachecki, said the victim considered Taylor to be her "boyfriend." Taylor called the conduct with the victim "a little tryst" at his plea hearing.
Judge Mary Leahy will sentence Taylor later this summer, but before September 15. He'll be required to register with the state of Minnesota as a predatory offender.
At the time of the incident, Taylor was a driver for Winona ORC Industries, a company that provides job opportunities to disabled area residents. ORC officials fired Taylor after an internal investigation. He admitted Wednesday that he kissed the woman and groped her breast. The woman told police she twice asked Taylor to stop.
Taylor admitted that he had sexual contact with the woman, but claimed that it was consensual, and admitted to police he “knew that (the victim) wasn’t all quite there.” His counsel, J.P. Plachecki, said the victim considered Taylor to be her "boyfriend." Taylor called the conduct with the victim "a little tryst" at his plea hearing.
Judge Mary Leahy will sentence Taylor later this summer, but before September 15. He'll be required to register with the state of Minnesota as a predatory offender.
Saturday, April 24, 2010
"Divorce party" murderer of ex-wife sentenced to life without parole for at least 10 years
Andy Passant and Naomi Corrigan, Evening Gazette
Brian Jones was sentenced to a minimum of 10 years in prison for butchering 34-year-old mum-of-two Katrina Jones at the former marital home in Church Close, Marske. Katrina was knifed 12 times after arguing with her ex-husband on November 27 last year. She had been decking out the house with banners and balloons to celebrate the end of their 10-year marriage.
Yesterday there were dramatic scenes at Teesside Crown Court as Jones was found guilty of murdering Katrina at the end of a two-week trial. Jones, 63, of Thrushwood Crescent, Marske, collapsed in the dock, at which point the judge called an adjournment while the defendant received attention.
The former doorman and bodybuilder, had denied murder, raising the defences of provocation and diminished responsibility.But after deliberating for more than seven hours the jury of six men and six women unanimously found him guilty of murder.
The trial judge, the Recorder of Middlesbrough Judge Peter Fox QC, told Jones: “The jury has found you guilty of murder. I am bound therefore to pass, as I now do, a sentence of life imprisonment.” There were gasps from the public gallery and members of Jones’ family wept.
Struggling to be heard above the sound of crying, the judge said he was satisfied Jones had gone to get the knife from a neighbour’s house before returning and stabbing Katrina.
“Your intention, I am clear, was to kill her,” he said. The judge said he accepted Jones had been provoked, but not to the degree needed for a legal defence. He also took into account his age, his physical health and the fact that he had no previous convictions for violence.
But he told Jones, who will be 64 later this year, he would have to serve a minimum of 10 years before being considered for parole. A tearful Jones tried unsuccessfully to address the judge before being led from the dock. Family members shouted out that they loved him.
Members of Katrina’s family, who remained dignified and calm during and after the trial, had been in court to hear the verdict. Afterwards Katrina’s mum Jean Evans paid an emotional tribute to her daughter outside court. In a statement, Mrs Evans said Katrina “was my baby and I miss her with all my heart”.
As the family waited nearby while Detective Sergeant Colin Helyer, relatives of Jones came out of the court and several hurled abuse. Gestures were made and one shouted: “He’ll be out in six and a half.”
The court heard how the couple had been married for 10 years.
In February 2009, Jones found out his wife was seeing someone else when he discovered a Valentine’s card.
Katrina filed for divorce although Jones was desperate to save their marriage. Jones said they still regularly had sex until about July last year and left his head “screwed up”.
He ended up moving to a flat in Thrushwood Crescent, Marske. But he spent much of the time staying with his former neighbour next door to Katrina. Police were called a number of times by Katrina, who was keeping a diary of the harassment she was suffering at the hands of Jones. The trial had heard how he had gone round to confront Katrina as she prepared to hold a divorce party.
He snapped after seeing the house had been decorated with banners, balloons and streamers. One poster read: “Katrina’s divorce party. Free at last.” There was also a photo of Jones with the message “Pin the tail on the ex”, the jury heard. Jones argued with Katrina and then went next door to get a knife before returning and repeatedly stabbing her.
He then dialled 999 and pleaded for help to save his former wife’s life. Jones said he was “devastated” when he became aware of the divorce party. He said: “I couldn’t believe she would do that, I couldn’t believe she would hurt me that much.” Jones said he remembered arguing with Katrina but couldn’t remember attacking her.
THE heartbroken mum of Katrina Jones told how she will never get over losing her youngest daughter.
Jean Evans, along with other members of Katrina’s family, remained dignified and calm throughout the trial, despite hearing horrific evidence of the attack and previous incidents of harassment suffered at the hand of Jones.
In a touching statement given after the case, Mrs Evans said: “Katrina was the youngest of my four children. She was my baby and I miss her with all my heart. “I miss being able to cuddle and hold her and I miss being able to tell her how much I love her and how proud she made me feel every day. In hindsight I wish that I had told her every day that I loved her, at least it would have made up for all the times that I will not be able to do that now. My life has changed for ever and it will never be the same again. I loved my daughter very much and still do.”
Mrs Evans, a widow who lives in Middlesbrough, described her daughter as “funny, caring and lovely to be around”. And she added that the whole family are struggling to come to terms with what happened to Katrina. “Mark, Phillip and Susan who are Katrina’s brothers and sister are totally heartbroken at Katrina’s death and this will affect them and their families for the rest of their lives,” she said.
“With regards to Jordan (Katrina’s son) his whole life has been turned upside down and thrown into chaos. Everything that he trusted and believed in has been taken away from him.” She asked that the family’s privacy be respected.
During the case, Katrina’s family heard that police were called to the house on several occasions and she was keeping a diary of his harassment.
Detective Sergeant Colin Helyer, who led the case, said: “This is one of the most extreme cases of domestic violence that I have ever dealt with and the victim endured months and months of abuse which has ultimately led to her death. “Throughout the court case, Katrina’s family have had to listen to a lot of painful and upsetting evidence given by various witnesses. They have remained dignified throughout this time. This is a just result for a horrific crime. I only hope that it brings some closure for the family and they can now move on with their lives.”
Brian Jones was sentenced to a minimum of 10 years in prison for butchering 34-year-old mum-of-two Katrina Jones at the former marital home in Church Close, Marske. Katrina was knifed 12 times after arguing with her ex-husband on November 27 last year. She had been decking out the house with banners and balloons to celebrate the end of their 10-year marriage.
Yesterday there were dramatic scenes at Teesside Crown Court as Jones was found guilty of murdering Katrina at the end of a two-week trial. Jones, 63, of Thrushwood Crescent, Marske, collapsed in the dock, at which point the judge called an adjournment while the defendant received attention.
The former doorman and bodybuilder, had denied murder, raising the defences of provocation and diminished responsibility.But after deliberating for more than seven hours the jury of six men and six women unanimously found him guilty of murder.
The trial judge, the Recorder of Middlesbrough Judge Peter Fox QC, told Jones: “The jury has found you guilty of murder. I am bound therefore to pass, as I now do, a sentence of life imprisonment.” There were gasps from the public gallery and members of Jones’ family wept.
Struggling to be heard above the sound of crying, the judge said he was satisfied Jones had gone to get the knife from a neighbour’s house before returning and stabbing Katrina.
“Your intention, I am clear, was to kill her,” he said. The judge said he accepted Jones had been provoked, but not to the degree needed for a legal defence. He also took into account his age, his physical health and the fact that he had no previous convictions for violence.
But he told Jones, who will be 64 later this year, he would have to serve a minimum of 10 years before being considered for parole. A tearful Jones tried unsuccessfully to address the judge before being led from the dock. Family members shouted out that they loved him.
Members of Katrina’s family, who remained dignified and calm during and after the trial, had been in court to hear the verdict. Afterwards Katrina’s mum Jean Evans paid an emotional tribute to her daughter outside court. In a statement, Mrs Evans said Katrina “was my baby and I miss her with all my heart”.
As the family waited nearby while Detective Sergeant Colin Helyer, relatives of Jones came out of the court and several hurled abuse. Gestures were made and one shouted: “He’ll be out in six and a half.”
The court heard how the couple had been married for 10 years.
In February 2009, Jones found out his wife was seeing someone else when he discovered a Valentine’s card.
Katrina filed for divorce although Jones was desperate to save their marriage. Jones said they still regularly had sex until about July last year and left his head “screwed up”.
He ended up moving to a flat in Thrushwood Crescent, Marske. But he spent much of the time staying with his former neighbour next door to Katrina. Police were called a number of times by Katrina, who was keeping a diary of the harassment she was suffering at the hands of Jones. The trial had heard how he had gone round to confront Katrina as she prepared to hold a divorce party.
He snapped after seeing the house had been decorated with banners, balloons and streamers. One poster read: “Katrina’s divorce party. Free at last.” There was also a photo of Jones with the message “Pin the tail on the ex”, the jury heard. Jones argued with Katrina and then went next door to get a knife before returning and repeatedly stabbing her.
He then dialled 999 and pleaded for help to save his former wife’s life. Jones said he was “devastated” when he became aware of the divorce party. He said: “I couldn’t believe she would do that, I couldn’t believe she would hurt me that much.” Jones said he remembered arguing with Katrina but couldn’t remember attacking her.
THE heartbroken mum of Katrina Jones told how she will never get over losing her youngest daughter.
Jean Evans, along with other members of Katrina’s family, remained dignified and calm throughout the trial, despite hearing horrific evidence of the attack and previous incidents of harassment suffered at the hand of Jones.
In a touching statement given after the case, Mrs Evans said: “Katrina was the youngest of my four children. She was my baby and I miss her with all my heart. “I miss being able to cuddle and hold her and I miss being able to tell her how much I love her and how proud she made me feel every day. In hindsight I wish that I had told her every day that I loved her, at least it would have made up for all the times that I will not be able to do that now. My life has changed for ever and it will never be the same again. I loved my daughter very much and still do.”
Mrs Evans, a widow who lives in Middlesbrough, described her daughter as “funny, caring and lovely to be around”. And she added that the whole family are struggling to come to terms with what happened to Katrina. “Mark, Phillip and Susan who are Katrina’s brothers and sister are totally heartbroken at Katrina’s death and this will affect them and their families for the rest of their lives,” she said.
“With regards to Jordan (Katrina’s son) his whole life has been turned upside down and thrown into chaos. Everything that he trusted and believed in has been taken away from him.” She asked that the family’s privacy be respected.
During the case, Katrina’s family heard that police were called to the house on several occasions and she was keeping a diary of his harassment.
Detective Sergeant Colin Helyer, who led the case, said: “This is one of the most extreme cases of domestic violence that I have ever dealt with and the victim endured months and months of abuse which has ultimately led to her death. “Throughout the court case, Katrina’s family have had to listen to a lot of painful and upsetting evidence given by various witnesses. They have remained dignified throughout this time. This is a just result for a horrific crime. I only hope that it brings some closure for the family and they can now move on with their lives.”
Friday, February 19, 2010
Husband who murdered high school receptionist gets 30 years without parole
McFeggan’s wife, Carol, 62, was discovered the morning of June 29 by their daughter, Sarah McFeggan, and Sarah’s friend, Valerie Heinisch, inside the couple’s northwest Rockford home. Police found the woman deceased in her bed. Police spoke to Sarah McFeggan, who gave officers a note written by her father that she said she had found in the kitchen.
In the note, Thomas McFeggan wrote that he killed Carol McFeggan, and that her death was not a suicide. He also revealed in his note that he and Carol were facing foreclosure on their home, although Carol didn’t know about it. Thomas also wrote that he had planned to commit suicide.
However, instead of killing himself, law enforcement found Thomas fishing in a Vilas County, WI lake, where he was arrested July 1. He was found with a .38 caliber handgun, which he admitted using against his wife when Rockford detectives interviewed him.
Saturday, February 13, 2010
Ft. Smith prison guard sentenced to 4 years for coercing sex from inmates
A former jailer in Arkansas was sentenced to 4 years in prison for 2 counts of 3rd degree sexual assault after pleading guilty Wednesday, February 10. Sebastian County Detention Center ex-guard Leon Wilson Wood, 65, was convicted of coercing 2 women inmates into sex acts on his shift, June 15, 2009. After his shift ended, the victims notified other officers about the attack. They told authorities that they felt trapped because Wood was in a position of authority over them.
Wood was given a four-year prison term plus six years suspended on one count, and 10 years suspended on the second count, meaning he’ll be on a suspended sentence for 16 years once he’s released from prison.
Wood, who worked at the detention center for about a year, was a battalion chief for the Fort Smith Fire Department and had served there from 1968 to 2000, according to a fire department official.
His son, 40 year old Timothy Wood, is also a former Ft. Smith firefighter and convicted sex offender. Police arrested Tim for trying to solicit a detective posing as a 13 year old girl for sex. Officials found child pornography, and is serving a federal prison sentence.
Wood was given a four-year prison term plus six years suspended on one count, and 10 years suspended on the second count, meaning he’ll be on a suspended sentence for 16 years once he’s released from prison.
Wood, who worked at the detention center for about a year, was a battalion chief for the Fort Smith Fire Department and had served there from 1968 to 2000, according to a fire department official.
His son, 40 year old Timothy Wood, is also a former Ft. Smith firefighter and convicted sex offender. Police arrested Tim for trying to solicit a detective posing as a 13 year old girl for sex. Officials found child pornography, and is serving a federal prison sentence.
Saturday, December 19, 2009
64 year old woman gets 6 years for "boyfriend's" manslaughter
A 64 year old Salinas, CA woman was sentenced to six years in prison Thursday for smothering her "boyfriend" to death. 66 year old Lynne Nicole Feurer pled guilty to voluntary manslaughter after being originally charged with murder. Her victim was Joseph Francis Cupita, 81, who she had met in a Chicago ballroom in the early 2000s. The couple moved to California in 2004. The presiding judge was California Superior Court Judge Larry Hayes.
On May 28, 2007, police found Cupita's body lodged between his bed and the wall in the couple's Pacific Grove apartment after an intoxicated and tearful Feurer told a newlywed at the London Bridge Pub that she'd just killed her husband.
Forensic pathologist John Hain concluded the frail man was suffocated, likely with a pillow by someone kneeling on his chest. Defensive wounds indicated he fought for his life, and Hain estimated it took minutes for him to die.
Feurer told police she and Cupita were fighting over his refusal to go to his dialysis appointment. She remembered struggling with him, but few details. Prosecutor Elaine McCleaf said the claim was disingenuous, because Feurer had the presence of mind to gather up her medications and passport before she fled.
Defense attorney Bryan Keller had planned to argue at trial that Feurer was a battered woman who acted in self-defense. He said he settled the case only when McCleaf offered manslaughter rather than a life-term murder.
But McCleaf said Feurer's alcoholism poses a danger to society. She cited three previous drunken-driving convictions and an alcohol-related theft conviction.
She argued that Cupita's vulnerability, the "gruesome" manner of his death and Feurer's callousness were all factors that aggravated her crime to the level of a maximum 11-year sentence.
Keller maintained those aggravating circumstances were balanced or overweighed by the mitigating circumstances that Feurer was a battered woman who acted in self-defense. He called for the lower term of three years.
The prosecutor said she made the offer in light of Feurer's positive contributions, community support and alcoholism.
The killer's son, Alex Feurer, said that "I remember Joe and I miss him a lot," he said. "He did many good things for my family, for my mom and me." "It [His mother's alcohol and prescription drug addictions]unfortunately cost Joe his life. But she's finally here. She's a whole person. She's not the same and she has a lot to offer."
Others who spoke at the sentencing included Reiko Hidaka Scott, cupita's ex-girlfriend, who said that "He was just such a nice, sweet, personable person. He really lived his life through his music and making people happy."
In the end, Haye rejected the battered woman defense put forth by Keller, but weighed that against Feuer's contributions and his own experiences caring for a Alzheimer's patient. Since manslaughter is a violent crime, Feurer must serve 85% of her sentence. She was credited with almost three years behind bars.
On May 28, 2007, police found Cupita's body lodged between his bed and the wall in the couple's Pacific Grove apartment after an intoxicated and tearful Feurer told a newlywed at the London Bridge Pub that she'd just killed her husband.
Forensic pathologist John Hain concluded the frail man was suffocated, likely with a pillow by someone kneeling on his chest. Defensive wounds indicated he fought for his life, and Hain estimated it took minutes for him to die.
Feurer told police she and Cupita were fighting over his refusal to go to his dialysis appointment. She remembered struggling with him, but few details. Prosecutor Elaine McCleaf said the claim was disingenuous, because Feurer had the presence of mind to gather up her medications and passport before she fled.
Defense attorney Bryan Keller had planned to argue at trial that Feurer was a battered woman who acted in self-defense. He said he settled the case only when McCleaf offered manslaughter rather than a life-term murder.
But McCleaf said Feurer's alcoholism poses a danger to society. She cited three previous drunken-driving convictions and an alcohol-related theft conviction.
She argued that Cupita's vulnerability, the "gruesome" manner of his death and Feurer's callousness were all factors that aggravated her crime to the level of a maximum 11-year sentence.
Keller maintained those aggravating circumstances were balanced or overweighed by the mitigating circumstances that Feurer was a battered woman who acted in self-defense. He called for the lower term of three years.
The prosecutor said she made the offer in light of Feurer's positive contributions, community support and alcoholism.
The killer's son, Alex Feurer, said that "I remember Joe and I miss him a lot," he said. "He did many good things for my family, for my mom and me." "It [His mother's alcohol and prescription drug addictions]unfortunately cost Joe his life. But she's finally here. She's a whole person. She's not the same and she has a lot to offer."
Others who spoke at the sentencing included Reiko Hidaka Scott, cupita's ex-girlfriend, who said that "He was just such a nice, sweet, personable person. He really lived his life through his music and making people happy."
In the end, Haye rejected the battered woman defense put forth by Keller, but weighed that against Feuer's contributions and his own experiences caring for a Alzheimer's patient. Since manslaughter is a violent crime, Feurer must serve 85% of her sentence. She was credited with almost three years behind bars.
Friday, August 21, 2009
Ex Pennsylvania judge gets 2 years probation for fondling 18 year old
Former Blair County Judge Richard E. Behrens was sentenced to 2 years probation for fondling a woman after open pleading (aka "no contest") to indecent assault of an 18 year old woman, Tuesday, August 18. County District Attorney Richard Consiglio did not make a sentencing recommendation. Due to a conflict of interest, Senior Judge John K. Reilly of Clearfield County imposed the sentence. The maximum sentence for indecent assault in Pennsylvania is 2 years in prison.
In April 2008, on the opening night of the baseball season, Behrens took the 18-year-old high school senior and another girl to an Altoona Curve game. After the game, Behrens dropped off one girl and then pulled to the side of Decker Hollow Road in Snyder Township and began fondling his young passenger, police said.
She reported the incident to state police, and within days, Aungst, then an investigator at the Hollidaysburg barracks, interviewed Behrens. Behrens called the girl the next day, stating he was concerned about her, police said.Since the incident, Behrens said he has been attending counseling sessions with a Cambria County minister and at Family Resources of Pittsburgh.
Behrens began the counseling programs before criminal charges were filed, said his defense attorney, Terry Despoy. "I really have to commend his efforts at dealing with this problem," Despoy said after the hearing.
Court papers also stated that after the incident, "I know you must think that I'm the worst hypocrite in the world. ... I feel that way. I failed my wife, I failed my children and I failed my family."
The victim, now a college student in California, stated that she needed counseling and that the fondling "continues to haunt me. This is going to be a process of healing no matter where I am."
According to investigating state trooper Charles Aungst, the woman wanted guilt acknowledged more that a jail sentence.
This is not the first incident involving Behrens and a young person. In 1986, he was charged with indecent assault of his stepdaughter, but charges were dropped after the stepdaughter refused to testify. Behrens also faces mandatory reporting of his conviction to the Disciplinary Board of the Supreme Court of Pennsylvania since the maximum jail term for indecent assault is more than a year.
In April 2008, on the opening night of the baseball season, Behrens took the 18-year-old high school senior and another girl to an Altoona Curve game. After the game, Behrens dropped off one girl and then pulled to the side of Decker Hollow Road in Snyder Township and began fondling his young passenger, police said.
She reported the incident to state police, and within days, Aungst, then an investigator at the Hollidaysburg barracks, interviewed Behrens. Behrens called the girl the next day, stating he was concerned about her, police said.Since the incident, Behrens said he has been attending counseling sessions with a Cambria County minister and at Family Resources of Pittsburgh.
Behrens began the counseling programs before criminal charges were filed, said his defense attorney, Terry Despoy. "I really have to commend his efforts at dealing with this problem," Despoy said after the hearing.
Court papers also stated that after the incident, "I know you must think that I'm the worst hypocrite in the world. ... I feel that way. I failed my wife, I failed my children and I failed my family."
The victim, now a college student in California, stated that she needed counseling and that the fondling "continues to haunt me. This is going to be a process of healing no matter where I am."
According to investigating state trooper Charles Aungst, the woman wanted guilt acknowledged more that a jail sentence.
This is not the first incident involving Behrens and a young person. In 1986, he was charged with indecent assault of his stepdaughter, but charges were dropped after the stepdaughter refused to testify. Behrens also faces mandatory reporting of his conviction to the Disciplinary Board of the Supreme Court of Pennsylvania since the maximum jail term for indecent assault is more than a year.
Mother sues over bus driver's sex abuse of daughter
Mother of mentally challenged woman sues bus driver accused of fondling her daughter
by Jennifer Golson/The Star-Ledger
Sunday August 16, 2009, 12:30 PM
HUNTERDON COUNTY -- The mother of a mentally challenged Hunterdon County woman is suing the bus driver accused of fondling her daughter on several occasions and the man's former employer.
The complaint, filed recently in Superior Court in Flemington, accuses Califon resident Gary Sherratt, 69, of inflicting emotional distress and battery for abuse the then-28-year-old woman allegedly suffered between late 2007 and the first five months of 2008, on her way home from a job training program. Her name is being withheld by The Star-Ledger because she is an alleged victim of sexual assault.
Easton Coach Co. is accused of negligence for failing to investigate Sherratt before hiring him, according to the lawsuit filed by Phillipsburg-based attorney Edward Glynn on behalf of the victim's mother.
Easton has a contract with the county and transports individuals with disabilities, such as the alleged victim, the lawsuit states.
The victim functions on the level of a 12-year-old, Glynn said. She told her mother about the alleged abuse, and the mother notified authorities, the lawyer said.
Sherratt "basically sexually molested a mentally incompetent person," Glynn said in a telephone interview. "This happened a number of times, where he would take everybody else to their residences and drop them off, and he would have to go out of his way to do it," ensuring that the victim was the last passenger, the lawyer said.
Sherratt called the claims "absolutely false."
"I was the least likely to have done it," he said.
Sherratt was charged with one count of third-degree aggravated criminal sexual contact, said Hunterdon County Assistant Prosecutor Brian Shevlin, who represented the state. Authorities narrowed the time period for the alleged assaults to between March 1 and May 28, 2008. Sherratt did not plead guilty, but he was admitted into the pretrial intervention program for two years.
Sherratt said he only applied for PTI because his lawyer advised him to, "on the assumption that it could go either way, because of the circumstances."
Joe Scott, president and chief executive officer of the company based in Easton, Pa., said company officials are aware of the situation. He declined comment on the lawsuit, saying he has not seen it.
The 7-year-old company has several public contracts working with transportation authorities or county agencies, Scott said.
Once they learned of the investigation, "our standard procedure is to take him out of service, with a complaint of that type and magnitude," he said. Sherratt was suspended with pay during the investigation, which lasted about six months.
Sherratt no longer works for the busing company, Scott said, and it is unclear what will happen after he completes the PTI program. "He's not officially terminated, but we would not employ somebody who was in that type of program," Scott said.
Easton is still the road operator for Hunterdon County's Community Transportation system, the LINK, said Pamela Pontrelli, county human services administrator. Hunterdon paid them about $2.7 million in 2008.
The victim was one of the passengers with disabilities whom Sherratt transported to a day program in Flemington, according to the lawsuit. On various occasions, he "inappropriately and illegally" touched the victim, committing battery, the lawsuit states.
The victim "sustained psychological harm and injuries, severe emotional distress and other injuries of a severe nature, requiring extensive treatment/counseling," the lawsuit says.
Easton Coach "was negligent in failing to investigate defendant, Gary Sherratt, prior to hiring him, failing to monitor his actions while on the job, failing to properly supervise him while on the job, failing to investigate him after hiring him, and was otherwise generally negligent in allowing Gary Sherratt to become involved in circumstances and settings where he was able to accomplish the illegal and improper acts," the lawsuit says.
by Jennifer Golson/The Star-Ledger
Sunday August 16, 2009, 12:30 PM
HUNTERDON COUNTY -- The mother of a mentally challenged Hunterdon County woman is suing the bus driver accused of fondling her daughter on several occasions and the man's former employer.
The complaint, filed recently in Superior Court in Flemington, accuses Califon resident Gary Sherratt, 69, of inflicting emotional distress and battery for abuse the then-28-year-old woman allegedly suffered between late 2007 and the first five months of 2008, on her way home from a job training program. Her name is being withheld by The Star-Ledger because she is an alleged victim of sexual assault.
Easton Coach Co. is accused of negligence for failing to investigate Sherratt before hiring him, according to the lawsuit filed by Phillipsburg-based attorney Edward Glynn on behalf of the victim's mother.
Easton has a contract with the county and transports individuals with disabilities, such as the alleged victim, the lawsuit states.
The victim functions on the level of a 12-year-old, Glynn said. She told her mother about the alleged abuse, and the mother notified authorities, the lawyer said.
Sherratt "basically sexually molested a mentally incompetent person," Glynn said in a telephone interview. "This happened a number of times, where he would take everybody else to their residences and drop them off, and he would have to go out of his way to do it," ensuring that the victim was the last passenger, the lawyer said.
Sherratt called the claims "absolutely false."
"I was the least likely to have done it," he said.
Sherratt was charged with one count of third-degree aggravated criminal sexual contact, said Hunterdon County Assistant Prosecutor Brian Shevlin, who represented the state. Authorities narrowed the time period for the alleged assaults to between March 1 and May 28, 2008. Sherratt did not plead guilty, but he was admitted into the pretrial intervention program for two years.
Sherratt said he only applied for PTI because his lawyer advised him to, "on the assumption that it could go either way, because of the circumstances."
Joe Scott, president and chief executive officer of the company based in Easton, Pa., said company officials are aware of the situation. He declined comment on the lawsuit, saying he has not seen it.
The 7-year-old company has several public contracts working with transportation authorities or county agencies, Scott said.
Once they learned of the investigation, "our standard procedure is to take him out of service, with a complaint of that type and magnitude," he said. Sherratt was suspended with pay during the investigation, which lasted about six months.
Sherratt no longer works for the busing company, Scott said, and it is unclear what will happen after he completes the PTI program. "He's not officially terminated, but we would not employ somebody who was in that type of program," Scott said.
Easton is still the road operator for Hunterdon County's Community Transportation system, the LINK, said Pamela Pontrelli, county human services administrator. Hunterdon paid them about $2.7 million in 2008.
The victim was one of the passengers with disabilities whom Sherratt transported to a day program in Flemington, according to the lawsuit. On various occasions, he "inappropriately and illegally" touched the victim, committing battery, the lawsuit states.
The victim "sustained psychological harm and injuries, severe emotional distress and other injuries of a severe nature, requiring extensive treatment/counseling," the lawsuit says.
Easton Coach "was negligent in failing to investigate defendant, Gary Sherratt, prior to hiring him, failing to monitor his actions while on the job, failing to properly supervise him while on the job, failing to investigate him after hiring him, and was otherwise generally negligent in allowing Gary Sherratt to become involved in circumstances and settings where he was able to accomplish the illegal and improper acts," the lawsuit says.
Wednesday, April 8, 2009
Australian sentenced to life for murder of "partner"
Nicole Cox, police reporter
April 08, 2009 06:15pm
A PERTH man who left his former de facto wife to die after viciously bludgeoning her with a brick and mallet has been sentenced to life in jail. Alan David Atherden, 61, of Wembley Downs, today pleaded guilty to the murder of Sylvia Murray, 58, on March 31 last year.
In sentencing, WA Supreme Court Justice John McKechnie said Atherden had shown "callous disregard'' for Ms Murray by leaving her critically injured without appropriate medical help.
He ordered Atherden to serve a minimum of 16 years behind bars before being eligible for parole.
Dressed in a navy blue jacket and dark jeans, Atherden sat expressionless in the dock, with his head bowed during today's proceedings.
The court heard that Atherden had been the subject of a violence restraining order that prevented him from contacting Ms Murray or being within 100m of her City Beach home.
Concerned that she was being stalked by her ex, Ms Murray took out a violence restraining order on March 17 - just days before she died.
But despite this, Atherden went to Ms Murray's house at 6am on March 31 last year to ask her to retract the violence restraining order. An argument broke out and Atherden attacked his ex-partner, hitting her three times with a rubber mallet and bashing her with a brick.
He then left the Drabble Rd unit where Ms Murray was clinging to life, without calling police or paramedics, disposed of the mallet in a neighbour's bin and attempted self harm. It was not until later that morning that Ms Murray's friend Graham Barber visited the house and discovered her groaning and lying in her front yard.
Ms Murray had sustained multiple head wounds, her hair was saturated with blood and she was shivering. She was rushed to hospital, but died two weeks later. Today, the court heard that the ferocity of the attack had caused injuries consistent with a high speed motor vehicle crash.
Justice McKechnie said he accepted that Atherden did not intend to kill or hurt his former partner when he went to her City Beach house on March 31, but said he had shown blatant disregard for Ms Murray's welfare by not calling an ambulance to help.
``You must have known how hard you had hit her about the head...You did nothing whatsoever to help,'' Justice McKechnie said.
``All the while Ms Murray was lying unconscious in the garden while the rain pouring down.''
``You never even tried (to help).''
Ms Murray's friend Bernadette Walker said she was satisfied with the sentence.
``Sylvia was brutally murdered by a man who refused to leave her alone and could not take no for an answer,'' she said.
Mr Barber said the sentence ensured that Atherden would be an elderly man once he was eligible for parole.
``I think the judge did a very good job in summing up what was a very cowardly, cruel and callous attack on a defenceless woman who was being stalked for some time by this man,'' Mr Barber said.
``(Finding Ms Murray injured) is something that I'll never forget. The injuries were terrible...The extent of her injuries were just so bad that she just would not have recovered.''
April 08, 2009 06:15pm
A PERTH man who left his former de facto wife to die after viciously bludgeoning her with a brick and mallet has been sentenced to life in jail. Alan David Atherden, 61, of Wembley Downs, today pleaded guilty to the murder of Sylvia Murray, 58, on March 31 last year.
In sentencing, WA Supreme Court Justice John McKechnie said Atherden had shown "callous disregard'' for Ms Murray by leaving her critically injured without appropriate medical help.
He ordered Atherden to serve a minimum of 16 years behind bars before being eligible for parole.
Dressed in a navy blue jacket and dark jeans, Atherden sat expressionless in the dock, with his head bowed during today's proceedings.
The court heard that Atherden had been the subject of a violence restraining order that prevented him from contacting Ms Murray or being within 100m of her City Beach home.
Concerned that she was being stalked by her ex, Ms Murray took out a violence restraining order on March 17 - just days before she died.
But despite this, Atherden went to Ms Murray's house at 6am on March 31 last year to ask her to retract the violence restraining order. An argument broke out and Atherden attacked his ex-partner, hitting her three times with a rubber mallet and bashing her with a brick.
He then left the Drabble Rd unit where Ms Murray was clinging to life, without calling police or paramedics, disposed of the mallet in a neighbour's bin and attempted self harm. It was not until later that morning that Ms Murray's friend Graham Barber visited the house and discovered her groaning and lying in her front yard.
Ms Murray had sustained multiple head wounds, her hair was saturated with blood and she was shivering. She was rushed to hospital, but died two weeks later. Today, the court heard that the ferocity of the attack had caused injuries consistent with a high speed motor vehicle crash.
Justice McKechnie said he accepted that Atherden did not intend to kill or hurt his former partner when he went to her City Beach house on March 31, but said he had shown blatant disregard for Ms Murray's welfare by not calling an ambulance to help.
``You must have known how hard you had hit her about the head...You did nothing whatsoever to help,'' Justice McKechnie said.
``All the while Ms Murray was lying unconscious in the garden while the rain pouring down.''
``You never even tried (to help).''
Ms Murray's friend Bernadette Walker said she was satisfied with the sentence.
``Sylvia was brutally murdered by a man who refused to leave her alone and could not take no for an answer,'' she said.
Mr Barber said the sentence ensured that Atherden would be an elderly man once he was eligible for parole.
``I think the judge did a very good job in summing up what was a very cowardly, cruel and callous attack on a defenceless woman who was being stalked for some time by this man,'' Mr Barber said.
``(Finding Ms Murray injured) is something that I'll never forget. The injuries were terrible...The extent of her injuries were just so bad that she just would not have recovered.''
Monday, February 23, 2009
Woman recieves $200k damage award for victimization from child porn consumer
A now 19 year old victim of child porn has recieved the 1st ever award of its kind, a $200,000 restitution order against a Stonington, CT man who downloaded four images of her abuse, but did not create the child sexual abuse pictures. Judge Warren W. Eginton issued the order in a Bridgeport, CT federal courtroom this morning. The damages are split up as follows - $150,000 to the woman herself for medical and counseling expenses, $30,000 for legal fees and over $15,500 experts, including one who testitied that being a child porn victim has inflicted half a million dollars in future counseling costs.
[The] victim hired a lawyer to file a claim against [Alan]Hesketh. She told prosecutors she was 8 and 9 years old when she was subjected to sexual abuse by a relative who photographed her at the direction of a pedophile in another state. The woman claims those images have been circulated by "innumerable collectors of child pornography," including Hesketh, who downloaded four of the photographs. She submitted a damage claim to the U.S. Probation Department that seeks money for medical care, lost income, lost wages and future expenses. The claim is not available in the court file.
The victim's lawyer, James Marsh was hired by the woman and her mother just after the exploitation. He said that the people involved in trading child pornography do just as much damage as the people who create it.
”This notion that somehow we can excuse the defendant because there is no sexual contact is an affront to the victim,” Marsh said.
Prosecutors argued that the woman, whose sexual abuse photos have made themselves at home in child porn collectors' hands, should be compensated for "a decade of insult, injury, and enbarassment." Defense attorney Jonathan Einhorn stated that such an award would be unprecedented and substantially higher than the $50,000 average damages awarded to child porn victims from the producers.
Alan Hesketh, 62, an ex-vice president for Pfizer, was sentenced to 6 1/2 years in prison for child porn posession by Judge Eginton in November 2008 after admitting to possessing almost 2000 images. As a British national, Hesketh will be deported back to the UK when he is released from prison. The NCMEC identified two dozen kids as known victims of child sexual abuse.
Hesketh's attorney, Jonathan Einhorn, announced that he would appeal the verdict. Judge Eginton suggested that Hesketh could meet restitution by selling one of his many properties, an $834,000 mansion in Stonington, but stated that due to the economy, the award could be distributed over a period of time.
"Restitution is not necessarily mandatory in all circumstances," Einhorn maintains.
But [Assistant US Attorneys Deborah] Slater and [Krishna]Patel claim that federal law makes restitution mandatory for all offenses of sexual exploitation and other abuses of children.
They said the losses could include payment for physical, psychiatric or psychological services; physical and occupational therapy or rehabilitation; transportation; temporary housing; lost income; and attorney fees.
Jeffery Meyer, a former federal prosecutor, stated that damages for child porn collectors would be another tool in prosecutors and judges' hands besides longer sentences.
"We already see judges imposing long sentences," he said. Paying restitution would be "one more substantial deterrent to people who get involved in child pornography."
While Einhorn fears that the precedent setting decision would open an avenue for claims for others victimized in that way, child and victim's advocates hope that this leads to more claims by known child porn victims.
"If that's what happens, that's what happens," said Cindy Robinson, a lawyer with Tremont & Sheldon who represents people abused by Catholic priests. "These children suffer immeasurable damage."
"I hope it's true," said Ernie Allen, president of the National Center for Exploited and Missing Children in Alexandria, Va., who identified the girl's images for prosecutors. "I hope it spreads like wildfire. I hope it sends a message to those victimized that they can get help ... and creates kind of a deterrent effect that makes those think twice before downloading these images. I applaud the vision of this federal judge. I hope it is emulated."
[The] victim hired a lawyer to file a claim against [Alan]Hesketh. She told prosecutors she was 8 and 9 years old when she was subjected to sexual abuse by a relative who photographed her at the direction of a pedophile in another state. The woman claims those images have been circulated by "innumerable collectors of child pornography," including Hesketh, who downloaded four of the photographs. She submitted a damage claim to the U.S. Probation Department that seeks money for medical care, lost income, lost wages and future expenses. The claim is not available in the court file.
The victim's lawyer, James Marsh was hired by the woman and her mother just after the exploitation. He said that the people involved in trading child pornography do just as much damage as the people who create it.
”This notion that somehow we can excuse the defendant because there is no sexual contact is an affront to the victim,” Marsh said.
Prosecutors argued that the woman, whose sexual abuse photos have made themselves at home in child porn collectors' hands, should be compensated for "a decade of insult, injury, and enbarassment." Defense attorney Jonathan Einhorn stated that such an award would be unprecedented and substantially higher than the $50,000 average damages awarded to child porn victims from the producers.
Alan Hesketh, 62, an ex-vice president for Pfizer, was sentenced to 6 1/2 years in prison for child porn posession by Judge Eginton in November 2008 after admitting to possessing almost 2000 images. As a British national, Hesketh will be deported back to the UK when he is released from prison. The NCMEC identified two dozen kids as known victims of child sexual abuse.
Hesketh's attorney, Jonathan Einhorn, announced that he would appeal the verdict. Judge Eginton suggested that Hesketh could meet restitution by selling one of his many properties, an $834,000 mansion in Stonington, but stated that due to the economy, the award could be distributed over a period of time.
"Restitution is not necessarily mandatory in all circumstances," Einhorn maintains.
But [Assistant US Attorneys Deborah] Slater and [Krishna]Patel claim that federal law makes restitution mandatory for all offenses of sexual exploitation and other abuses of children.
They said the losses could include payment for physical, psychiatric or psychological services; physical and occupational therapy or rehabilitation; transportation; temporary housing; lost income; and attorney fees.
Jeffery Meyer, a former federal prosecutor, stated that damages for child porn collectors would be another tool in prosecutors and judges' hands besides longer sentences.
"We already see judges imposing long sentences," he said. Paying restitution would be "one more substantial deterrent to people who get involved in child pornography."
While Einhorn fears that the precedent setting decision would open an avenue for claims for others victimized in that way, child and victim's advocates hope that this leads to more claims by known child porn victims.
"If that's what happens, that's what happens," said Cindy Robinson, a lawyer with Tremont & Sheldon who represents people abused by Catholic priests. "These children suffer immeasurable damage."
"I hope it's true," said Ernie Allen, president of the National Center for Exploited and Missing Children in Alexandria, Va., who identified the girl's images for prosecutors. "I hope it spreads like wildfire. I hope it sends a message to those victimized that they can get help ... and creates kind of a deterrent effect that makes those think twice before downloading these images. I applaud the vision of this federal judge. I hope it is emulated."
Sunday, February 1, 2009
Montague County, TX ex-sheriff pleads guilty to sexual coercion of inmate
Tursday, January 29, saw former Montague County Sheriff Bill Keating's official downfall. He is now officially a federal felon, and for the 1st time in almost 40 years, is a private citizen. However the disgrace that comes from having to give up a lifelong career pales to that he'll face as a federal prisoner folling his May 1 scheduled sentencing. That's when Keating faces a maximum 10 years in prison and a $250,000 fine for violating a female inmate's civil rights by sexually coercing her.
In November, Keating and his deputies found traces of methamphetamine and drug paraphernalia at the home of a man whom they were arresting on a warrant. The former sheriff threatened to take the man's girlfriend to jail as well, unless she had sex with him. Authorities say he then drove her to a rural road and forced her to perform oral sex on him.
He also demanded sex from her on other occasions, court documents show, and forced her to agree to be a Montague County sheriff's department informant.
"I have a feeling that this sort of thing is more widespread than we know," said federal prosecutor Rick Calvert. "We want this to be an eye-opener for individuals who hold positions of public trust. Even if you are the elected sheriff, that doesn't mean you are above the law."
The Montague County DA Jack McGaughey expects to hand state indictments to Keating and some of his employees in the next two weeksalleging that they had sex with inmates and allowed contraband to get into the lockup. McGaughey's office called in the FBI and Texas Rangers after tips about official misconduct at the lockup. Recliners were found in some cells, along with pills. Current Sheriff Paul Cunningham had to transfer prisoners to surrounding lockups due to inoperable fire and security systems.
Keating was formerly the city manager of Watauga and for a time served as the city's police chief. He started his career in Fort Worth in 1969. After Watauga, he became a constable in Montague County before being elected sheriff in 2004. He was defeated in last year's March primary but continued to serve until Cunningham took office January 1.
In November, Keating and his deputies found traces of methamphetamine and drug paraphernalia at the home of a man whom they were arresting on a warrant. The former sheriff threatened to take the man's girlfriend to jail as well, unless she had sex with him. Authorities say he then drove her to a rural road and forced her to perform oral sex on him.
He also demanded sex from her on other occasions, court documents show, and forced her to agree to be a Montague County sheriff's department informant.
"I have a feeling that this sort of thing is more widespread than we know," said federal prosecutor Rick Calvert. "We want this to be an eye-opener for individuals who hold positions of public trust. Even if you are the elected sheriff, that doesn't mean you are above the law."
The Montague County DA Jack McGaughey expects to hand state indictments to Keating and some of his employees in the next two weeksalleging that they had sex with inmates and allowed contraband to get into the lockup. McGaughey's office called in the FBI and Texas Rangers after tips about official misconduct at the lockup. Recliners were found in some cells, along with pills. Current Sheriff Paul Cunningham had to transfer prisoners to surrounding lockups due to inoperable fire and security systems.
Keating was formerly the city manager of Watauga and for a time served as the city's police chief. He started his career in Fort Worth in 1969. After Watauga, he became a constable in Montague County before being elected sheriff in 2004. He was defeated in last year's March primary but continued to serve until Cunningham took office January 1.
Thursday, January 1, 2009
Neenah, WI therapist pleads guilty to sexual exploitation
Winnebago County Circuit Judge Barbara Key accepted 62 year old Charles Morgan's plea to 2 counts of sexual exploitation by a therapist in exchange for dismissal of two 3rd degree charges. Formal sentencing will be on February 27, where Assistant Dist. Atty. Scott Ceman will be arguing for prison time. Sexual exploitation by a therapist carries 12 1/2 years and a $25,000 fine per count. Morgan worked for Affinity Behavioral Health in Oshkosh.
According to the criminal complaint, Morgan sexually assaulted a 27-year-old woman, whom he had been treating for bipolar disorder for two years. The woman told Morgan she wanted a different psychiatrist after he kissed her on two occasions while receiving hospital treatment.
Morgan kissed the woman on June 19 while she was receiving electronic convulsive therapy as in-patient treatment at Mercy Medical Center. He kissed her again on June 20.
When the woman told Morgan she wanted to see a different psychiatrist on June 21, Morgan arranged to meet her at his office on Ninth Avenue in Oshkosh. When the two met, Morgan began kissing the woman and having inappropriate sexual contact with her.
Affinity suspended Morgan from his position in June, and his license was to practice medicine was suspended in August, pending the outcome of this case. Since Morgan's guilt, here's hoping that Morgan's license will be permanently revoked.
According to the criminal complaint, Morgan sexually assaulted a 27-year-old woman, whom he had been treating for bipolar disorder for two years. The woman told Morgan she wanted a different psychiatrist after he kissed her on two occasions while receiving hospital treatment.
Morgan kissed the woman on June 19 while she was receiving electronic convulsive therapy as in-patient treatment at Mercy Medical Center. He kissed her again on June 20.
When the woman told Morgan she wanted to see a different psychiatrist on June 21, Morgan arranged to meet her at his office on Ninth Avenue in Oshkosh. When the two met, Morgan began kissing the woman and having inappropriate sexual contact with her.
Affinity suspended Morgan from his position in June, and his license was to practice medicine was suspended in August, pending the outcome of this case. Since Morgan's guilt, here's hoping that Morgan's license will be permanently revoked.
Monday, November 17, 2008
Groping doctor sentenced to 2 months home confinement
Dr. Mathew Burman, who lives in Southfield, MI, but works in Bloomfield Township, MI, was sentenced to 60 days on a tether and 5 years probation after groping a female patient from Waterford Township at his practice. The victim and perp are both 63, and the incident occured after an eye exam in August 2007, when he claimed that he needed to check his victim's heart rate. Three other women testified that Dr. Burman inappropriately touched them.
Friday, September 26, 2008
Abuser of disabled woman gets 2 years added to sentence
A 62 year old Chippewa Falls, WI man who was the caregiver of a 37 year old developmentally disabled woman with the mental capacity of an 8 year old had his sentence increased from 6 to 8 years after an appeal of his sentence. The appeal was due to procedural guidelines not being followed.
Donald Newell was convicted in October of abusing the woman in the nursing home in which she lived. Chippewa County Assistant District Attorney Wade Newell, not related to the appellant, stated that yesterday's hearing was a procedural hearing meant to update case information.
Judge Roderick Cameron stated that a bunch of aggravated factors, including denial of the harm done by the sexual abuse, Donald's position of trust and power over his victim, and denial of the cognitive limitations of the victim, lead him to increase the prison sentence from 6 to 8 years. Newell will also serve 15 years of extended supervision, given after the end of a custodial sentence.
Donald Newell had been the 37-year-old woman's personal caregiver in 2003 when the assaults occurred. He maintained it had been a consensual relationship, although the woman had been assessed with the mental capacity of an 8-year-old child.
Donald Newell disputed claims her cognitive ability was limited, and he compared her to Helen Keller "who everyone thought was useless until someone wanted to help her."
Donald Newell told the court in his "defense" that the victim and him were having an affair, and that most politicians (And I must add, men in general!) would be in prison if affairs were illegal (which they technically are in many states.)
"Three different people knew [she] and I were having an affair, and they did nothing. They did not tell me it would be a crime. I love [her] very much still and am praying she gets freedom from the people who are still abusing her. No matter what happens today, I am still going to fight for [her]."
Prosecutor Newell stated that the defendant simply did not understand what he did wrong and that showed a lack of responsibility or remorse.
"In a lot of situations this would be a low-risk person, but he had all that going for him yet he continued to commit crime. He would not benefit from treatment because there is nothing to treat. He doesn't think he has done anything wrong. He still doesn't get it. He takes no responsibility for what he's done."
Donald Newell was convicted in October of abusing the woman in the nursing home in which she lived. Chippewa County Assistant District Attorney Wade Newell, not related to the appellant, stated that yesterday's hearing was a procedural hearing meant to update case information.
Judge Roderick Cameron stated that a bunch of aggravated factors, including denial of the harm done by the sexual abuse, Donald's position of trust and power over his victim, and denial of the cognitive limitations of the victim, lead him to increase the prison sentence from 6 to 8 years. Newell will also serve 15 years of extended supervision, given after the end of a custodial sentence.
Donald Newell had been the 37-year-old woman's personal caregiver in 2003 when the assaults occurred. He maintained it had been a consensual relationship, although the woman had been assessed with the mental capacity of an 8-year-old child.
Donald Newell disputed claims her cognitive ability was limited, and he compared her to Helen Keller "who everyone thought was useless until someone wanted to help her."
Donald Newell told the court in his "defense" that the victim and him were having an affair, and that most politicians (And I must add, men in general!) would be in prison if affairs were illegal (which they technically are in many states.)
"Three different people knew [she] and I were having an affair, and they did nothing. They did not tell me it would be a crime. I love [her] very much still and am praying she gets freedom from the people who are still abusing her. No matter what happens today, I am still going to fight for [her]."
Prosecutor Newell stated that the defendant simply did not understand what he did wrong and that showed a lack of responsibility or remorse.
"In a lot of situations this would be a low-risk person, but he had all that going for him yet he continued to commit crime. He would not benefit from treatment because there is nothing to treat. He doesn't think he has done anything wrong. He still doesn't get it. He takes no responsibility for what he's done."
Monday, September 1, 2008
Brazoria County, TX judge resigns after pleading guilty to groping
61 year old Brazoria County Judge Court-at-Law Judge James Blackstock resigned Friday as part of a plea agreement where he was sentenced for groping 4 women employees who he came in contact with while serving as judge.
Judge George Goodwin, of Harris County, TX (which includes Houston) fined Blackstock $750 for the misdemeanor oppression charges, and $350 for each misdemeanor assault charge, for a total of $2150 in fines.
I'm just glad something was done about it," said Brazoria County Clerk Joyce Hudman, who said she also was a victim of the judge's unwanted advances but didn't seek charges against him.
In April 2006, Hudman said, Blackstock called her into his office for a meeting. As the two sat side by side, she said, "he held my face and kissed me." She said he then touched her breasts.
"I was so startled that I just got up and walked out," she said. As she walked away, the judge groped her bottom, she said.
Hudman said that although she had heard courthouse rumors about the judge groping women, she had never known him to act inappropriately before. She was his court clerk from 1995 to 1997 and never had any trouble, she said.
She said she told Brazoria County District Attorney Jeri Yenne about the incident, but decided not to file charges.
Yenne filed misdemeanor charges against Blackstock on Aug. 12 after what she said was an extensive investigation. The charges alleged that he groped several staff members of the county adult and juvenile probation departments between July 2007 and June of this year.
The judge also was accused of sending obscene photos to women from his county computer.
Chief Brazoria County Juvenile Probation Officer Diana CoatesChief Brazoria County Juvenile Probation Officer Diana Coates spoke about her ordeal at the hands of the predatory judge.
"James Blackstock not only disgraced himself and his family while subjecting numerous women, myself included, to unwarranted humiliation and assault over the years, but he tainted the bench from which he sat and violated the trust placed in him by the public"
Yenne stated that Judge Blackstock's victims "felt they couldn't do anything because of his powerful position," and that the plea was appropriate because he is permanently gone from the judicial bench. "He can't hurt anyone the same way again," Yenne said.
The day after the charges were filed, the State Commission on Judicial Conduct suspended him from the bench pending the outcome of the criminal case.
In 1997, the commission issued Blackstock a public warning after he sued someone while he was the judge in a criminal case in which that person was the defendant.
The commission also cited him for telephoning an appeals court justice who was considering a child custody case in which Blackstock was involved.
Blackstock will retain his pension.
Judge George Goodwin, of Harris County, TX (which includes Houston) fined Blackstock $750 for the misdemeanor oppression charges, and $350 for each misdemeanor assault charge, for a total of $2150 in fines.
I'm just glad something was done about it," said Brazoria County Clerk Joyce Hudman, who said she also was a victim of the judge's unwanted advances but didn't seek charges against him.
In April 2006, Hudman said, Blackstock called her into his office for a meeting. As the two sat side by side, she said, "he held my face and kissed me." She said he then touched her breasts.
"I was so startled that I just got up and walked out," she said. As she walked away, the judge groped her bottom, she said.
Hudman said that although she had heard courthouse rumors about the judge groping women, she had never known him to act inappropriately before. She was his court clerk from 1995 to 1997 and never had any trouble, she said.
She said she told Brazoria County District Attorney Jeri Yenne about the incident, but decided not to file charges.
Yenne filed misdemeanor charges against Blackstock on Aug. 12 after what she said was an extensive investigation. The charges alleged that he groped several staff members of the county adult and juvenile probation departments between July 2007 and June of this year.
The judge also was accused of sending obscene photos to women from his county computer.
Chief Brazoria County Juvenile Probation Officer Diana CoatesChief Brazoria County Juvenile Probation Officer Diana Coates spoke about her ordeal at the hands of the predatory judge.
"James Blackstock not only disgraced himself and his family while subjecting numerous women, myself included, to unwarranted humiliation and assault over the years, but he tainted the bench from which he sat and violated the trust placed in him by the public"
Yenne stated that Judge Blackstock's victims "felt they couldn't do anything because of his powerful position," and that the plea was appropriate because he is permanently gone from the judicial bench. "He can't hurt anyone the same way again," Yenne said.
The day after the charges were filed, the State Commission on Judicial Conduct suspended him from the bench pending the outcome of the criminal case.
In 1997, the commission issued Blackstock a public warning after he sued someone while he was the judge in a criminal case in which that person was the defendant.
The commission also cited him for telephoning an appeals court justice who was considering a child custody case in which Blackstock was involved.
Blackstock will retain his pension.
Sunday, August 3, 2008
Lawyer charged with overseeing troubled attorneys lands in hot water for alleged groping
Dan Murdock, the 62 year old lawyer in charge of overseeing Oklahoma attorneys facing disciplinary actions, is himself facing troubles, after being charged sexual battery with groping a woman June 28 during a wedding shower.
He is charged with two counts because he allegedly bit the 36-year-old woman's breast and groped her genital area, then grabbed her by the hair and bit her on the back of the neck when she tried to get away from him, according to court documents.
Oklahoma City police swabbed the woman's bite marks, finding DNA consistent with a sample from him, Detective Daniel Sheehan wrote in an affidavit.
Murdock faces 10 years in prison, and is free on $5,000 bail. His official position, which he requested a leave of absence from, is the General Counsel for the Oklahoma Bar Association.
He is charged with two counts because he allegedly bit the 36-year-old woman's breast and groped her genital area, then grabbed her by the hair and bit her on the back of the neck when she tried to get away from him, according to court documents.
Oklahoma City police swabbed the woman's bite marks, finding DNA consistent with a sample from him, Detective Daniel Sheehan wrote in an affidavit.
Murdock faces 10 years in prison, and is free on $5,000 bail. His official position, which he requested a leave of absence from, is the General Counsel for the Oklahoma Bar Association.
Wednesday, July 30, 2008
Suburban Dallas man sentenced to 30 years for murdering wife
A retired ironworker who wanted to change the guilty plea for shooting his wife to death was sentenced to 30 years in prison Monday, July 28 by District Judge Mike Thomas in Criminal District Court No. 4. Freddie Willhite, 69, killed his wife at 7:30 in the evening at their home in the Dallas suburb of North Richland Hills on March 19 of last year.
Willhite claimed that his wife Donna, 66, had enticed and ridiculed him his whole life. During testimony in the punishment phase, Tarrant County Deputy Medical Examiner Lloyd White testified that Donna Willhite was shot at close range.
Their daughter, Mellisa Martinez, described her father as a violent drunk who tried to get her to move out of the couple’s shared home. She felt her father would be dangerous to both the community and her, and that Willhite had mailed the daughter a drawing of where her mother was shot.
Martinez had told relatives not to allow her father inside their home if he was drunk.
"On the Saturday before the incident, he called and left a message saying that mother had died," Martinez testified. "I quickly called her, and she said she was fine, but I found it very odd that he would do that."
On the evening of March 19, 2007, Freddie Willhite called his daughter, saying he was angry with Donna Willhite. "He kept saying, 'That’s it, that’s it,’ his daughter said Willhite said.
Willhite tried to change his plea July 16 because, in his own words, lawyer Scott Brown of Fort Worth, "told me I don’t have a chance [and] said that the jury would be mad for taking up their time with the case."
However, Judge Thomas said the defendant knew what he was doing. The prosecuting attorney was Tarrant County assistant district attorney Rebecca McIntire. Willhite can get out in 15 years with good behavior.
Willhite claimed that his wife Donna, 66, had enticed and ridiculed him his whole life. During testimony in the punishment phase, Tarrant County Deputy Medical Examiner Lloyd White testified that Donna Willhite was shot at close range.
Their daughter, Mellisa Martinez, described her father as a violent drunk who tried to get her to move out of the couple’s shared home. She felt her father would be dangerous to both the community and her, and that Willhite had mailed the daughter a drawing of where her mother was shot.
Martinez had told relatives not to allow her father inside their home if he was drunk.
"On the Saturday before the incident, he called and left a message saying that mother had died," Martinez testified. "I quickly called her, and she said she was fine, but I found it very odd that he would do that."
On the evening of March 19, 2007, Freddie Willhite called his daughter, saying he was angry with Donna Willhite. "He kept saying, 'That’s it, that’s it,’ his daughter said Willhite said.
Willhite tried to change his plea July 16 because, in his own words, lawyer Scott Brown of Fort Worth, "told me I don’t have a chance [and] said that the jury would be mad for taking up their time with the case."
However, Judge Thomas said the defendant knew what he was doing. The prosecuting attorney was Tarrant County assistant district attorney Rebecca McIntire. Willhite can get out in 15 years with good behavior.
Friday, July 25, 2008
Donald Phares sentenced to 9 years for murder of wife of 4 decades
Donald Phares, of Flora Vista, NM, was sentenced to 9 years in prison for killing his wife of 40 years on October 13, 2007, a sentence possible only because their daughter Amy suggested the plea agreement. He killed his wife Shan by shooting her in the back of the head with a .22 caliber gun while she prepared their breakfast. Donald has never formally admitted responsibility, something which did not sit well with District Judge Thomas Hynes.
Even while being formally sentenced to prison, the defendant appeared indifferent and didn’t address the court, but Todd Sewell, Amy’s husband, spoke on behalf of his wife."My wife is a complete wreck. She needs this to be over to get on with her life," he said. "It's just been very emotional to try to reach some understanding about the fate of her father."
"The family is torn. We have a daughter who is dealing with a dead mom and a father who is the perpetrator, as far as she is concerned," Deputy District Attorney Paul Wainwright said. "Their suggestion, with my approval, was that we reduce (prison time)."
Judge Hynes stated that he accepted the plea agreement only because the victim (and perp’s) daughter and son-in-law asked for it so they could get on with their lives.
"To come down from 15 (years) to nine seems to me to be a substantial reduction to what I would have sentenced him to," Hynes said.
Phares called 911 to report his wife’s shooting death, but according to the San Juan County Sheriff's Office, gave false information about his activities and concealed the information about his .22 caliber gun from police.
When detectives requested to test Phares for residual gun fire residue, the man said he may have gun powder on his hands because he had been firing his .22-caliber rifle earlier in the day. Detectives asked Phares where he had been firing his rifle, he led them to an area with tire tracks and boots which matched Phares’. A shallow grave was found which turned out to be his wife’s.
Because the murder case relied almost exclusively on circumstantial evidence — with no evidence of a motive — Phares may have been acquitted by a jury at trial, Chief Public Defender Christian Hatfield said, noting the man had been happily married to the victim for nearly 40 years with no history of violence. Hatfield also noted the man's extensive Vietnam military service and Posttraumatic Stress Disorder.
"It's an extremely anomalous in a life of loving and caring," Hatfield said of the murder. "There's a reasonable chance that a jury would come back (with a verdict) either way."
Deputy District Attorney Paul Wainwright said, "I think it was a fair ending. "What's sad is Mr. Phares showed absolutely no remorse at any of the proceedings. He didn't make an attempt at apologizing."
Even while being formally sentenced to prison, the defendant appeared indifferent and didn’t address the court, but Todd Sewell, Amy’s husband, spoke on behalf of his wife."My wife is a complete wreck. She needs this to be over to get on with her life," he said. "It's just been very emotional to try to reach some understanding about the fate of her father."
"The family is torn. We have a daughter who is dealing with a dead mom and a father who is the perpetrator, as far as she is concerned," Deputy District Attorney Paul Wainwright said. "Their suggestion, with my approval, was that we reduce (prison time)."
Judge Hynes stated that he accepted the plea agreement only because the victim (and perp’s) daughter and son-in-law asked for it so they could get on with their lives.
"To come down from 15 (years) to nine seems to me to be a substantial reduction to what I would have sentenced him to," Hynes said.
Phares called 911 to report his wife’s shooting death, but according to the San Juan County Sheriff's Office, gave false information about his activities and concealed the information about his .22 caliber gun from police.
When detectives requested to test Phares for residual gun fire residue, the man said he may have gun powder on his hands because he had been firing his .22-caliber rifle earlier in the day. Detectives asked Phares where he had been firing his rifle, he led them to an area with tire tracks and boots which matched Phares’. A shallow grave was found which turned out to be his wife’s.
Because the murder case relied almost exclusively on circumstantial evidence — with no evidence of a motive — Phares may have been acquitted by a jury at trial, Chief Public Defender Christian Hatfield said, noting the man had been happily married to the victim for nearly 40 years with no history of violence. Hatfield also noted the man's extensive Vietnam military service and Posttraumatic Stress Disorder.
"It's an extremely anomalous in a life of loving and caring," Hatfield said of the murder. "There's a reasonable chance that a jury would come back (with a verdict) either way."
Deputy District Attorney Paul Wainwright said, "I think it was a fair ending. "What's sad is Mr. Phares showed absolutely no remorse at any of the proceedings. He didn't make an attempt at apologizing."
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