Friday, March 4, 2011
By Anna Rochelle, Staff Writer [Greene County [IN] Daily World]
The wheels of justice turned tough Friday [March 4, 2011]on Alex C. Callison, a Bloomfield man who entered several pleas of guilty in a case involving the rape and confinement of a 78-year-old woman in October. He's headed to the Indiana Department of Corrections for 88 years in prison. Even if he racks up good time credit, it would still be 44 years before his release. Callison was 28 years old when he was arrested on Oct. 31.
When Greene Superior Court Judge Dena Martin pronounced the sentence on each of four criminal counts, she ruled that the sentences will be served consecutively, or one after the other.
During a change of plea and sentencing hearing early Monday, Callison entered a plea of guilty to, and was sentenced to:
* Burglary, a class A felony, 47.5 years (the maximum allowed by law is 50 years)
* Rape, a class B felony, 19 years (maximum of 20 years)
* Criminal deviate conduct, a class B felony, 19 years (maximum of 20 years)
* Intimidation, a class D felony, 2.5 years (maximum of 3 years)
Callison was represented in court by Attorney James Riester, serving as a public defender. The State's case was argued by Greene County Deputy Prosecutor Keven McIntosh.
The case initially filed against Callison included five other criminal counts which were dismissed under the terms of a negotiated plea agreement. The agreement left sentencing up to the discretion of the judge.
After the hearing, McIntosh said the Prosecutor's Office was pleased with the sentences. "He got roughly what he would have gotten had this case gone to trial and if he had been found guilty by a jury," said McIntosh noting that under Indiana's sentencing guidelines, some of the charges would have been merged for sentencing purposes.
"I'm happy with the outcome and I think the victim's family is happy with the outcome," said McIntosh.
The defense did not share that satisfaction and requested that a state public defender be appointed to represent Callison in an appeal of the sentence. Since Callison plead guilty, by law he cannot appeal the conviction, but he can appeal the sentence.
McIntosh said the victim did not ever want to see the defendant again and she didn't want to have to go through a trial. But she told him if it became necessary, she would testify. The victim did not attend the sentencing hearing, but was represented by four members of her family who all took the stand: Three daughters and one granddaughter.
"They did a tremendous job conveying to the judge how this has affected their mother and grandmother and their entire family," said McIntosh. "They should be commended for their heartfelt testimony."
Callison was accused of breaking into a home where the elderly victim lived alone. She thought she heard a knock on her door at 3:30 a.m. but chose not to answer it due to the time of night. Moments later Callison broke in and made his way into her bedroom.
Callison stayed in the home until the next afternoon. During that time, the victim was attacked again and again, forced to make breakfast for the man and she was threatened with knives out of her own kitchen.
She was able to give police a description and later identified Callison in a photo lineup. Crime scene technicians seized numerous items of evidence including the knives, Coke cans he drank from and other materials with DNA evidence and/or fingerprints.
When the victim was first interviewed, a detective said she was "visibly shaken" and became physically ill. During the hearing, two interviews were replayed, one with the victim and one with Callison.
Callison's criminal history was also brought out -- he had one previous conviction on his record, a class C felony burglary involving a break-in at a barber shop in Daviess County. Callison was on parole for that conviction when the current crime was committed.
McIntosh said he thought the defendant did seem sorry for what had happened but that didn't make up for what he did to the victim.
"I do not think that Callison is just a predator. I think this incident was fueled by drugs and alcohol," said McIntosh. "Appearances can be deceiving, but in court, he seemed remorseful. And by admitting guilt, he did save us going through a trial."
When asked about the victim's recovery, McIntosh said this had been a very difficult experience for her. "Since this happened, she's no longer able to stay by herself -- this changed her life greatly," said McIntosh. "She's tough, but this has affected her deeply. I hope she will overcome this, I think she will overcome this. I know she's a resilient lady."
© Copyright 2011 Greene County Daily World. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
Showing posts with label 70's victim. Show all posts
Showing posts with label 70's victim. Show all posts
Sunday, March 6, 2011
Tuesday, April 13, 2010
The blind raping the blind - rape between two residents of complex catering to visually impaired - attacker sentenced to 20 years
(Original Post 6-8-08)
Hawley Ridge Apartments, 920 N. Hawley Rd in Milwaukee, was the scene of a rape May 31 when Matthew Lilek, 41, allegedly impersonated himself as a 75 year old woman's son so he could rape her. The woman, who is visually impaired, and Lilek both live at that same apartment building.
According to a complaint:
The woman told police she was waiting for a visit from her son when someone rang her doorbell. She admitted a man, claiming to be her son, into her apartment. The man told her he sounded different because he had a cold. He then assaulted her.
At one point, the woman said, the man carried her into her bathroom and dumped her into her bathtub. He started to pour water on her, then continued to attack her until her doorbell rang.
The woman described the man as weighing more than 200 lbs., with moles on his back and dry elbows, wearing a wristwatch on one wrist and a name tag on the other.
According to police, a videotape shows a resident of the apartment building, Matthew Lilek, entering the woman's apartment and then leaving it a short time later carrying a bra. The bra, the complaint says, was recovered from Lilek's apartment, along with a pair of women's underpants. Lilek told police he took the underpants from the apartment building's laundry room and wore them while he attacked the victim.
Lilek is charged with second-degree sexual assault; aggravated battery and burglary. He faces 58 1/2 years in prison if convicted of all charges and if given the maximum sentence.
(Update 4-13-10) Lilek plead no contest in January to second-degree sexual assault, use of force, and aggravated battery in exchange for prosecutors dismissing a felony burglary count. Yesterday, Milwaukee County Circuit Judge Rebecca Dallet sentenced Lilek to 20 years in prison and 15 years of extended supervision.
Judge Dallet said that despite developmental delays, Lilek chose a particulary vulnerable victim, posed as the victim's son, and inflicted serious injuries. Judge Dallet read previous uncharged incidents of inappropriate sexual contact into the record. "I'm not sure he can understand how wrong this is, so how will he not do it in the future?" she said.
The victim's son said she began suffering from Usher syndrome, a genetic disorder that leads to loss of hearing and sight. She had lived at Hawley Ridge a little more than five years at the time of the attack and enjoyed the independence it offered. Since the attack, she has moved to a group home, her son said, and does not like it. The woman attended the sentencing and was happy with the outcome, her son said.
He also said the family plans a civil suit against Hawley Ridge, noting that the management kept Lilek as a tenant despite earlier reports of inappropriate sexual contacts with residents. Lilek's mother was a major contributor to the Badger Association of the Blind and Visually Impaired. She declined to comment after the hearing.
As for Lilek, his attorney said that his client was focused of returning to jail to listen to yesterday's Brewers game (which Milwaukee lost, 10 to 5). Lilek told Judge Dallet, "I want to go to jail, and that's exactly what I want to do. And I'm disavowing my entire family as well."
Hawley Ridge Apartments, 920 N. Hawley Rd in Milwaukee, was the scene of a rape May 31 when Matthew Lilek, 41, allegedly impersonated himself as a 75 year old woman's son so he could rape her. The woman, who is visually impaired, and Lilek both live at that same apartment building.
According to a complaint:
The woman told police she was waiting for a visit from her son when someone rang her doorbell. She admitted a man, claiming to be her son, into her apartment. The man told her he sounded different because he had a cold. He then assaulted her.
At one point, the woman said, the man carried her into her bathroom and dumped her into her bathtub. He started to pour water on her, then continued to attack her until her doorbell rang.
The woman described the man as weighing more than 200 lbs., with moles on his back and dry elbows, wearing a wristwatch on one wrist and a name tag on the other.
According to police, a videotape shows a resident of the apartment building, Matthew Lilek, entering the woman's apartment and then leaving it a short time later carrying a bra. The bra, the complaint says, was recovered from Lilek's apartment, along with a pair of women's underpants. Lilek told police he took the underpants from the apartment building's laundry room and wore them while he attacked the victim.
Lilek is charged with second-degree sexual assault; aggravated battery and burglary. He faces 58 1/2 years in prison if convicted of all charges and if given the maximum sentence.
(Update 4-13-10) Lilek plead no contest in January to second-degree sexual assault, use of force, and aggravated battery in exchange for prosecutors dismissing a felony burglary count. Yesterday, Milwaukee County Circuit Judge Rebecca Dallet sentenced Lilek to 20 years in prison and 15 years of extended supervision.
Judge Dallet said that despite developmental delays, Lilek chose a particulary vulnerable victim, posed as the victim's son, and inflicted serious injuries. Judge Dallet read previous uncharged incidents of inappropriate sexual contact into the record. "I'm not sure he can understand how wrong this is, so how will he not do it in the future?" she said.
The victim's son said she began suffering from Usher syndrome, a genetic disorder that leads to loss of hearing and sight. She had lived at Hawley Ridge a little more than five years at the time of the attack and enjoyed the independence it offered. Since the attack, she has moved to a group home, her son said, and does not like it. The woman attended the sentencing and was happy with the outcome, her son said.
He also said the family plans a civil suit against Hawley Ridge, noting that the management kept Lilek as a tenant despite earlier reports of inappropriate sexual contacts with residents. Lilek's mother was a major contributor to the Badger Association of the Blind and Visually Impaired. She declined to comment after the hearing.
As for Lilek, his attorney said that his client was focused of returning to jail to listen to yesterday's Brewers game (which Milwaukee lost, 10 to 5). Lilek told Judge Dallet, "I want to go to jail, and that's exactly what I want to do. And I'm disavowing my entire family as well."
Saturday, August 29, 2009
Utah teen sentenced to 3 to life for rape attempt on elderly woman
A Utah teen who raped a 71 year old woman, stopping only after the victim yelled the names Jesus, Mary and Joseph at him , was sentenced to 3 years to life in prison Friday. The 71-year-old West Valley City was attacked last New Years' Day around 3 AM by 19-year-old Zachary Michael Potts, who plead guilty to first-degree felony attempted aggravated sexual assault in June.
Potts came into the victim, his neighbor's home and started choking her. He took off her pajama bottoms and began to fondle her, but she had the presence of mind to shout "Jesus, Mary, and Joseph!" as part of a "death prayer." "Because of what you said, I can't do it," Potts said to the victim, and he called off the attack.
His attorney, Michael Misner, states that Potts will need alcohol addiction treatment while he's in prison, and that he only remembered flashbacks of the near rape because he was drunk during the incident.
The victim told Christiansen she is disappointed in prosecutors, who offered Potts a plea bargain. Potts was originally charged with first-degree felony aggravated sexual assault and second-degree felony burglary, which could have landed Potts a longer minimum sentence than the three years he received.
The burglary charge was dismissed and the aggravated sexual assault charge was changed to attempted aggravated sexual assault, but remained a first-degree felony.
The victim, who taught English at a Magna school for 15 years, said the assault took place just a few months after her husband died from throat cancer. Potts, who lived next door with his family, was one of few people who knew the victim lived alone, she said.
Nevertheless, Potts apologized, stating that "I would like to say how horrible I feel about what happened. It eats away at me every day." The woman stated that despite the fear that Potts will come back and try to kill her, "I have forgiven him and I hope he and his family will recover from whatever sickness holds this man," she said.
The sentencing judge was Judge Michele Christiansen of Utah's 3rd district.
Potts came into the victim, his neighbor's home and started choking her. He took off her pajama bottoms and began to fondle her, but she had the presence of mind to shout "Jesus, Mary, and Joseph!" as part of a "death prayer." "Because of what you said, I can't do it," Potts said to the victim, and he called off the attack.
His attorney, Michael Misner, states that Potts will need alcohol addiction treatment while he's in prison, and that he only remembered flashbacks of the near rape because he was drunk during the incident.
The victim told Christiansen she is disappointed in prosecutors, who offered Potts a plea bargain. Potts was originally charged with first-degree felony aggravated sexual assault and second-degree felony burglary, which could have landed Potts a longer minimum sentence than the three years he received.
The burglary charge was dismissed and the aggravated sexual assault charge was changed to attempted aggravated sexual assault, but remained a first-degree felony.
The victim, who taught English at a Magna school for 15 years, said the assault took place just a few months after her husband died from throat cancer. Potts, who lived next door with his family, was one of few people who knew the victim lived alone, she said.
Nevertheless, Potts apologized, stating that "I would like to say how horrible I feel about what happened. It eats away at me every day." The woman stated that despite the fear that Potts will come back and try to kill her, "I have forgiven him and I hope he and his family will recover from whatever sickness holds this man," she said.
The sentencing judge was Judge Michele Christiansen of Utah's 3rd district.
Friday, January 2, 2009
Husband attempts to murder wife - sentenced to 40 years
(Original Post 3-8-08)
A Ft. Wayne, IN man was arrested Thursday after admitting beating, kicking and burning his wife with cigarettes, leaving her comatose and in critical condition.
Jeffry Reichert, 51, of the 300 block of West DeWald Street, was booked into the Allen County Lockup on preliminary charges of aggravated battery, domestic battery and neglect of a dependent. He was being held in lieu of $20,750 bail.
According to a probable cause affidavit, police were called to Parkview Hospital on March 1 after Reichert’s wife, Barbara was brought to the hospital in a comatose state.
Hospital staff told police that she was suffering from bruises, bleeding and sores in various stages of healing, court documents said.
Police said Barbara Reichert remained unresponsive and on a ventilator in critical condition Thursday when officers interviewed her husband.
During an interview with officers, Reichert allegedly admitted to having battered his wife between Feb. 24 and March 1.
He did, according to police by slamming her head into the ground from 2 feet up, kicking her about 30 times, and not refilling medications she was taking. He also did not seek medical attention.
(Update 7-25-08) Last Friday, July 18, Reichert was sentenced to 40 years in prison for aggravated battery and neglect of a dependant in the near fatal beating of Barbara Reichert, who is living in a nursing home as the result of her husband's injuries. A misdemeanor charge of domestic battery and a habitual offender (Reichert was convicted of lewd and lascivious behavior with a child in California) was dropped when Richard Reichart pleaded guilty last June 19. However Judge Fran Gill, who presided over the case, said that she has seen her share of misery, including the case of Michelle VanMeter, sentenced to 30 years for molesting three teens, and that the beating ranks among the worst.
“I’ve seen my share of misery, … the destruction that occurs when people harm each other,” she told Reichert. “You tortured your wife. … Not one square inch of your wife’s body is not covered with bruises, deep bruises, cuts, abrasions. … It’s astonishing she’s still alive.”
When Reichert said that he was sorry for what happened and that he cried himself to sleep, Judge Gull said that "Candidly, Mr. Reichert, I’m not sure you’re sorry for what you did but are sorry you got caught."
But the nature of Reichert’s crimes and his criminal history provided enough aggravating circumstances, with Gull sentencing him to 20 years on each count and ordering the sentences to be served one after another. She also ordered him to pay $14,125 in restitution.
“The impact of your conduct far exceeds that which is associated with your crimes,” Gull told Reichert.
Reichert, a convicted sex offender, and his wife moved from California to live with Wendy Nattinger, also a convicted sex offender, and her girlfriend – a pair the Reicherts met in an online canasta league.
Nattinger, 38, is also charged with the abuse of Barbara Reichert. She is set to stand trial on charges of aggravated battery and neglect of a dependent this year. The other woman has not been charged and declined to comment after the hearing on what went on inside her home.
The motive - according to Deputy Prosecutor Michael McAlexander - failing to clean their room or the cat litter box. It didn't hurt that Barbara's father left her an inheritance and that she was collecting social security. According to the victim's family, she is breathing through a tracheotomy and it is unknown if she will recover.
(Update 1-2-09) Nattinger was sentenced to 15 years in prison and $19,465 in restitution on December 22, 2008 for the beating and near-killing of Barbara. Judge Fran Gull stated that "the fact that (Reichert) is alive is astonishing...Not one square inch of that woman’s body is not battered, bruised. You say you have a problem with anger. That’s a tremendous understatement.”
A Ft. Wayne, IN man was arrested Thursday after admitting beating, kicking and burning his wife with cigarettes, leaving her comatose and in critical condition.
Jeffry Reichert, 51, of the 300 block of West DeWald Street, was booked into the Allen County Lockup on preliminary charges of aggravated battery, domestic battery and neglect of a dependent. He was being held in lieu of $20,750 bail.
According to a probable cause affidavit, police were called to Parkview Hospital on March 1 after Reichert’s wife, Barbara was brought to the hospital in a comatose state.
Hospital staff told police that she was suffering from bruises, bleeding and sores in various stages of healing, court documents said.
Police said Barbara Reichert remained unresponsive and on a ventilator in critical condition Thursday when officers interviewed her husband.
During an interview with officers, Reichert allegedly admitted to having battered his wife between Feb. 24 and March 1.
He did, according to police by slamming her head into the ground from 2 feet up, kicking her about 30 times, and not refilling medications she was taking. He also did not seek medical attention.
(Update 7-25-08) Last Friday, July 18, Reichert was sentenced to 40 years in prison for aggravated battery and neglect of a dependant in the near fatal beating of Barbara Reichert, who is living in a nursing home as the result of her husband's injuries. A misdemeanor charge of domestic battery and a habitual offender (Reichert was convicted of lewd and lascivious behavior with a child in California) was dropped when Richard Reichart pleaded guilty last June 19. However Judge Fran Gill, who presided over the case, said that she has seen her share of misery, including the case of Michelle VanMeter, sentenced to 30 years for molesting three teens, and that the beating ranks among the worst.
“I’ve seen my share of misery, … the destruction that occurs when people harm each other,” she told Reichert. “You tortured your wife. … Not one square inch of your wife’s body is not covered with bruises, deep bruises, cuts, abrasions. … It’s astonishing she’s still alive.”
When Reichert said that he was sorry for what happened and that he cried himself to sleep, Judge Gull said that "Candidly, Mr. Reichert, I’m not sure you’re sorry for what you did but are sorry you got caught."
But the nature of Reichert’s crimes and his criminal history provided enough aggravating circumstances, with Gull sentencing him to 20 years on each count and ordering the sentences to be served one after another. She also ordered him to pay $14,125 in restitution.
“The impact of your conduct far exceeds that which is associated with your crimes,” Gull told Reichert.
Reichert, a convicted sex offender, and his wife moved from California to live with Wendy Nattinger, also a convicted sex offender, and her girlfriend – a pair the Reicherts met in an online canasta league.
Nattinger, 38, is also charged with the abuse of Barbara Reichert. She is set to stand trial on charges of aggravated battery and neglect of a dependent this year. The other woman has not been charged and declined to comment after the hearing on what went on inside her home.
The motive - according to Deputy Prosecutor Michael McAlexander - failing to clean their room or the cat litter box. It didn't hurt that Barbara's father left her an inheritance and that she was collecting social security. According to the victim's family, she is breathing through a tracheotomy and it is unknown if she will recover.
(Update 1-2-09) Nattinger was sentenced to 15 years in prison and $19,465 in restitution on December 22, 2008 for the beating and near-killing of Barbara. Judge Fran Gull stated that "the fact that (Reichert) is alive is astonishing...Not one square inch of that woman’s body is not battered, bruised. You say you have a problem with anger. That’s a tremendous understatement.”
Nattinger apologized, stating that “If I could apologize to the family, I would. If I could take it all back, I would."
Judge Gull stated that the state's argument that the nature of the crime itself should count against Nattinger for sentencing was valid, ordering her to serve the battery sentence after two child molestation convictions.
Thursday, August 14, 2008
Brandon, MS man sentenced to 82 years for rape of 73 year old woman
Kirby Shavers was sentenced to 82 years in prison for the rape and assault on a 73 year old Brandon, MS woman while tying her son up. He admitted that he robbed her of her car, later found in Jackson, MS, and church money. The attack took place in August 2007, and Shavers was arrested in an abandoned Jackson house.
Rankin County Circuit Court Judge William Chapman sentenced the 49 year old Brandon man to 82 years total, 65 of which are to be served consecutively. His earliest release date will be in 2073, a fact the judge alluded to when he said, "You almost positively will never leave the penitentiary… You did not have to conduct the aggravated assault to conduct the rape," Chapman said. "But you did it anyway.”
Rankin-Madison District Attorney Michael Guest said, "This is one of the most heinous crimes I have ever prosecuted. If anyone deserves to spend the rest of his life in jail, it is Kirby Shavers."
Though the victim and her son weren’t in court, the sister in law read the woman’s victim impact statement.
But a sister-in-law of the elderly woman read a prepared statement. In the note, the rape victim said she is afraid to go anywhere alone and has gone into debt because she had to find a new home. It is too traumatic for her to be in her home of 38 years.
She is unable to work, sleep soundly or live a normal life with friends and family, she said. And she still has to see a doctor regularly.
"You instilled a sense of fear in me that will never go away," the sister-in-law read from the statement. "I'm an old woman who won't be able to enjoy the rest of my life. You took that from me. ... You will fear the big men in prison, as you will be small in their eyes."
Chapman asked Shavers if he would like to respond, and he said no.
As part of the evidence, Guest showed Chapman a photo of the victim taken shortly after the assault. Chapman mentioned it during the sentencing.
Aafram Sellers, Shaver’s public defender, said that “the weight of the evidence against [Sellers] was overwhelming.” He did not discuss a possible motive or Shavers’ drug use at the time of the rape, but said that the guilty plea and sentencing was “[Shaver’s] way of showing remorse.”
The rape victim’s granddaughter called Shavers a killer after the sentencing in a media interview because “ when you rape somebody that's what happens. You kill them. It's a shame that the Supreme Court of this country doesn't allow the death penalty for rape.”
The granddaughter called Shavers an evil animal because the grandmother said "Jesus is going to get you for this" during the rape, causing Shaver to attack harder.
Rankin County Circuit Court Judge William Chapman sentenced the 49 year old Brandon man to 82 years total, 65 of which are to be served consecutively. His earliest release date will be in 2073, a fact the judge alluded to when he said, "You almost positively will never leave the penitentiary… You did not have to conduct the aggravated assault to conduct the rape," Chapman said. "But you did it anyway.”
Rankin-Madison District Attorney Michael Guest said, "This is one of the most heinous crimes I have ever prosecuted. If anyone deserves to spend the rest of his life in jail, it is Kirby Shavers."
Though the victim and her son weren’t in court, the sister in law read the woman’s victim impact statement.
But a sister-in-law of the elderly woman read a prepared statement. In the note, the rape victim said she is afraid to go anywhere alone and has gone into debt because she had to find a new home. It is too traumatic for her to be in her home of 38 years.
She is unable to work, sleep soundly or live a normal life with friends and family, she said. And she still has to see a doctor regularly.
"You instilled a sense of fear in me that will never go away," the sister-in-law read from the statement. "I'm an old woman who won't be able to enjoy the rest of my life. You took that from me. ... You will fear the big men in prison, as you will be small in their eyes."
Chapman asked Shavers if he would like to respond, and he said no.
As part of the evidence, Guest showed Chapman a photo of the victim taken shortly after the assault. Chapman mentioned it during the sentencing.
Aafram Sellers, Shaver’s public defender, said that “the weight of the evidence against [Sellers] was overwhelming.” He did not discuss a possible motive or Shavers’ drug use at the time of the rape, but said that the guilty plea and sentencing was “[Shaver’s] way of showing remorse.”
The rape victim’s granddaughter called Shavers a killer after the sentencing in a media interview because “ when you rape somebody that's what happens. You kill them. It's a shame that the Supreme Court of this country doesn't allow the death penalty for rape.”
The granddaughter called Shavers an evil animal because the grandmother said "Jesus is going to get you for this" during the rape, causing Shaver to attack harder.
Thursday, July 31, 2008
Caregiver faces mandatory minimum of 25 years after rape, sodomy convictions
A former caregiver of a woman who was raped by him faces a mandatory minimum sentence of 25 years in prison after being convicted of the rape and sodomy of a brain injured 70 year old woman. The woman suffered injuries in a car crash in her 20s which killed her husband and led her parents to take care of their two kids, one of which was born after the crash.
John Alvin Taylor, 59, was convicted of 3 counts each of 1st degree rape and 1st degree sodomy by Marion County Circuit Judge Susan Tripp after a bench trial whose closing arguments ended last June.
The woman, now 73, was sexually assaulted in September 2005 in the McKillop Residence on the campus of Marian Estates, an assisted-care facility in Sublimity where Taylor worked.
During the trial, the woman testified that she did not want to have sex with Taylor, but that he came into her room several times.
The abuse was reported after another caregiver found a condom wrapper in the woman's apartment.
Taylor worked for the facility from June 2004 to September 2005, and his responsibilities included changing beds, washing laundry, serving food and cleaning, according to one of his statements.
Taylor’s attorney objected to testimony about the woman’s dimished capacity, but Judge Tripp allowed the evaluation.
Deputy District Attorney Matt Kemmy, who prosecuted the case, said that “it was important to convict this guy, to not only to get him out of the caretaking business but to put him in prison… I don't think she was able to grasp how serious it was, what he was subjecting her to… Given her mental capabilities, she would have been prey to the will of the defendant," Tripp wrote in her ruling.
John Alvin Taylor, 59, was convicted of 3 counts each of 1st degree rape and 1st degree sodomy by Marion County Circuit Judge Susan Tripp after a bench trial whose closing arguments ended last June.
The woman, now 73, was sexually assaulted in September 2005 in the McKillop Residence on the campus of Marian Estates, an assisted-care facility in Sublimity where Taylor worked.
During the trial, the woman testified that she did not want to have sex with Taylor, but that he came into her room several times.
The abuse was reported after another caregiver found a condom wrapper in the woman's apartment.
Taylor worked for the facility from June 2004 to September 2005, and his responsibilities included changing beds, washing laundry, serving food and cleaning, according to one of his statements.
Taylor’s attorney objected to testimony about the woman’s dimished capacity, but Judge Tripp allowed the evaluation.
Deputy District Attorney Matt Kemmy, who prosecuted the case, said that “it was important to convict this guy, to not only to get him out of the caretaking business but to put him in prison… I don't think she was able to grasp how serious it was, what he was subjecting her to… Given her mental capabilities, she would have been prey to the will of the defendant," Tripp wrote in her ruling.
Saturday, June 21, 2008
Australian woman sentenced to 9 years for killing husband
From The Daily Telegraph (Sydney, Australia)
A WOMAN who killed her estranged quadriplegic husband by setting fire to his Sydney home has been sentenced to a maximum of nine years jail for his manslaughter.
In April, Grace Soon, 71, pleaded not guilty to the murder but guilty to the manslaughter of former church minister Stephen Chin, 63, in September 2006. The crown accepted the plea after psychiatrists agreed she was suffering impaired judgment at the time of the killing.
She admitted pouring petrol on the front fence of his home at Daceyville in Sydney and then throwing a tin of petrol through the window of his bedroom. Soon told police she started the fire because the bankrupt former minister was ``coming after her property''.In May 2006 he had retained lawyers to seek a property settlement with his estranged wife.
Property searches found Soon owned a number of Sydney properties.
The court also heard from Soon that she was humiliated by Mr Chin during their marriage because he visited prostitutes and infected her with syphilis. The bizarre circumstances in which Mr Chin became a quadriplegic - a fall during a 1999 sex orgy with a transsexual - were also aired in court.
In the NSW Supreme Court today Justice Michael Grove sentenced Soon to a maximum of nine years jail for the killing, which he described as ``a monstrous act''. He gave Soon a non-parole period of five years and six months, to expire on March 4, 2012.
The start date of Soon's sentence was September 5, 2006.
Justice Grove said the killing had been primarily motivated by money, and dismissed sentencing submissions by Soon's legal team that Mr Chin's errant behaviour during their marriage had provoked the woman.
``I have no doubt that the marriage was most unhappy, and a bit of a sham,'' Justice Grove said.
``I reject the evidence that the continued misconduct brought you to the point of ... killing him.
``The prospect of property settlement was uppermost in your mind and it inspired your crime.''
Justice Grove also dismissed submissions that Soon had not realised the full weight of what she had done.
``I cannot find any evidence that you did not know the nature and quality of your act,'' he said.
``There is a scarcity of contrition by you.''
Ms Soon sat hunched in the dock with her head bowed throughout the 45-minute sentencing.
A WOMAN who killed her estranged quadriplegic husband by setting fire to his Sydney home has been sentenced to a maximum of nine years jail for his manslaughter.
In April, Grace Soon, 71, pleaded not guilty to the murder but guilty to the manslaughter of former church minister Stephen Chin, 63, in September 2006. The crown accepted the plea after psychiatrists agreed she was suffering impaired judgment at the time of the killing.
She admitted pouring petrol on the front fence of his home at Daceyville in Sydney and then throwing a tin of petrol through the window of his bedroom. Soon told police she started the fire because the bankrupt former minister was ``coming after her property''.In May 2006 he had retained lawyers to seek a property settlement with his estranged wife.
Property searches found Soon owned a number of Sydney properties.
The court also heard from Soon that she was humiliated by Mr Chin during their marriage because he visited prostitutes and infected her with syphilis. The bizarre circumstances in which Mr Chin became a quadriplegic - a fall during a 1999 sex orgy with a transsexual - were also aired in court.
In the NSW Supreme Court today Justice Michael Grove sentenced Soon to a maximum of nine years jail for the killing, which he described as ``a monstrous act''. He gave Soon a non-parole period of five years and six months, to expire on March 4, 2012.
The start date of Soon's sentence was September 5, 2006.
Justice Grove said the killing had been primarily motivated by money, and dismissed sentencing submissions by Soon's legal team that Mr Chin's errant behaviour during their marriage had provoked the woman.
``I have no doubt that the marriage was most unhappy, and a bit of a sham,'' Justice Grove said.
``I reject the evidence that the continued misconduct brought you to the point of ... killing him.
``The prospect of property settlement was uppermost in your mind and it inspired your crime.''
Justice Grove also dismissed submissions that Soon had not realised the full weight of what she had done.
``I cannot find any evidence that you did not know the nature and quality of your act,'' he said.
``There is a scarcity of contrition by you.''
Ms Soon sat hunched in the dock with her head bowed throughout the 45-minute sentencing.
Thursday, May 29, 2008
Chicago foot doctor convicted of sexual abuse in bench trial
(Original Story 3-29-08)
A prominent South Side (of Chicago) foot doctor, Dr. Anthony Overton, is facing trial in a sexual abuse case involving inappropriate touching of female patients before foot surgeries. Thursday's testimony involved a 52 year old woman not involved in the charging complaint, but who testified the doctor molested her in connection with bunion surgery many times in 2005, culminating when Overton asked her to drop her pants to her knees during a post operation checkup.
Overton is charged with two counts of criminal sexual assault and a count of criminal sexual abuse of a 76 year old woman. He is currently undergoing a bench trial (without a jury) in the courtroom of Cook County Circuit Judge Michael Toomin.
The charges stem from the alleged sexual assault of the 76-year-old, but others came forward and were allowed to testify at the trial, said Tandra Simonton, a spokeswoman for the state's attorney's office.
The woman who testified Thursday said she heard about the allegations on the radio while she was at work and decided to tell authorities.She alleged that the abuse began in August 2005 when she went to Overton's office for an initial visit before bunions were to be removed from her feet.Even though she told the podiatrist that she had a pre-surgical examination with her primary-care physician, Overton insisted on doing another physical, she testified. He touched her inappropriately, she said.
On the day of her surgery at Jackson Park Hospital, Overton walked over to her in the surgical waiting area, pulled the curtain around the bed, checked her heart rate and then inappropriately touched her, the woman testified."I was shocked," the woman said.
"He checked my feet and had me pull my pants down to my knees," the woman said.
Overton against asked the woman to drop her pants, and in this incident in December 2005, she finally confronted him.
"I asked him, 'What does that have to do with my feet?' " the woman said. "He said, 'You can have a nurse in here the next time.' "
Bill Hooks, Overton's defense attorney, cross examined the victim and got her to admit that she never took her complaints to authorities, either regulatory or law enforcement, and got her to acknowledged that she checked a form citing excessive bleeding. The defense attorney implied that Overton's touching was to check for bleeding.
(Update 4-3-08) Overton's ruling will be declared on April 21. Prosecutors in closing arguments Wednedsay April 2 said that Overton had no legitimate reason to give anthing other than foot exams to patients.
Isn't this just common sense?" said Asst. State's Atty. Cheryl Galvin. "Does it make any sense to go to a proctologist to have your teeth cleaned?"Overton, 64, of Olympia Fields is on trial in Cook County Criminal Court for allegedly fondling an elderly woman and giving her a vaginal and rectal examination. The woman had sought treatment for a sprained ankle in 2006. She was 75 at the time.
Overton has said he frequently gave full-body physicals to patients to diagnose other problems that may affect his patients' feet. He said it was sometimes necessary to conduct breast, vaginal and rectal exams to check for other ailments.
A prominent South Side (of Chicago) foot doctor, Dr. Anthony Overton, is facing trial in a sexual abuse case involving inappropriate touching of female patients before foot surgeries. Thursday's testimony involved a 52 year old woman not involved in the charging complaint, but who testified the doctor molested her in connection with bunion surgery many times in 2005, culminating when Overton asked her to drop her pants to her knees during a post operation checkup.
Overton is charged with two counts of criminal sexual assault and a count of criminal sexual abuse of a 76 year old woman. He is currently undergoing a bench trial (without a jury) in the courtroom of Cook County Circuit Judge Michael Toomin.
The charges stem from the alleged sexual assault of the 76-year-old, but others came forward and were allowed to testify at the trial, said Tandra Simonton, a spokeswoman for the state's attorney's office.
The woman who testified Thursday said she heard about the allegations on the radio while she was at work and decided to tell authorities.She alleged that the abuse began in August 2005 when she went to Overton's office for an initial visit before bunions were to be removed from her feet.Even though she told the podiatrist that she had a pre-surgical examination with her primary-care physician, Overton insisted on doing another physical, she testified. He touched her inappropriately, she said.
On the day of her surgery at Jackson Park Hospital, Overton walked over to her in the surgical waiting area, pulled the curtain around the bed, checked her heart rate and then inappropriately touched her, the woman testified."I was shocked," the woman said.
"He checked my feet and had me pull my pants down to my knees," the woman said.
Overton against asked the woman to drop her pants, and in this incident in December 2005, she finally confronted him.
"I asked him, 'What does that have to do with my feet?' " the woman said. "He said, 'You can have a nurse in here the next time.' "
Bill Hooks, Overton's defense attorney, cross examined the victim and got her to admit that she never took her complaints to authorities, either regulatory or law enforcement, and got her to acknowledged that she checked a form citing excessive bleeding. The defense attorney implied that Overton's touching was to check for bleeding.
(Update 4-3-08) Overton's ruling will be declared on April 21. Prosecutors in closing arguments Wednedsay April 2 said that Overton had no legitimate reason to give anthing other than foot exams to patients.
Isn't this just common sense?" said Asst. State's Atty. Cheryl Galvin. "Does it make any sense to go to a proctologist to have your teeth cleaned?"Overton, 64, of Olympia Fields is on trial in Cook County Criminal Court for allegedly fondling an elderly woman and giving her a vaginal and rectal examination. The woman had sought treatment for a sprained ankle in 2006. She was 75 at the time.
Overton has said he frequently gave full-body physicals to patients to diagnose other problems that may affect his patients' feet. He said it was sometimes necessary to conduct breast, vaginal and rectal exams to check for other ailments.
(Update 4-21-08) Overton was convicted of two counts of aggravated criminal sexual assault following the bench trial (trial by a judge alone) by Circuit Judge Michael P. Toomin. He faces a mandatory minimum sentence of 12 years in prison.
Aggravated criminal sexual assault is a felony punishable by 6 to 30 years in prison per count in Illinois, and if a sex offender is convicted on more than one count, the counts must be served consecutively. Unlike most crimes, where 50% remission is granted, if someone sentenced to prison for aggravated criminal sexual assault is on their best behavior, they can only get 15% remission. Assuming Overton is sentenced to the minimum 12 years, he'll serve at least 10.2 years.
(Update 5-29-08) Overton was sentenced to 6 years in prison, meaning that the minimum sentence will be 5.1 years, assuming good behavior. Speaking of which, Judge Toomin cited Overton's formerly impeccable behavior in the community as the reason that he had the sentences run concurrently, not consecutively.
In explaining his leniency, Circuit Court Judge Michael Toomin said in his 28 years as a judge he had never seen a defendant with a more impeccable background. He noted that Overton, a doctor with four advanced degrees, had never been charged with a crime previously. He added that he had received dozens of letters in support of the podiatrist.
Prosecutors were miffed and Judge Toomin expects an appeal.
"I would have liked to have seen a bigger sentence. The mandatory minimum is 12 years," Assistant States Attorney Cheryl Galvin said.
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