Ohio gym teacher charged with allegedly doing members of football team gets 4 years, lifetime SO registration

(Original Post 2-6-11)
An Ohio teacher has been charged with 16 counts of sexual battery and 3 misdemeanor counts of offenses involving underage persons for allegedly having sex with football team members and providing them alcohol at the high school she worked at. Stacy Schuler of Springboro OH, was charged by the Warren County Prosecutor's Office after parents went to the authorities regarding their sons' sexual contact with Schuler. Schuler's indictment can be found here.

Schuler, a health and physical education teacher at the 3,048 student-populated Mason High School, has been under investigation by police after an anonymous tip was given to school officials during the week of Jan. 10, according to Tracey Carson, schools spokeswoman. Carson said Schuler was placed on paid administrative leave on Jan. 18. During that time, Schuler was prohibited from attending district events or being on district property.

Chief Assistant Prosecutor Bruce McGary said the allegations did not happen at a party. Mason police Detective Toni Hoelke said when the parents of the students found out about the allegations, they “were surprised and that they had no idea about it.”

The Mason High School teacher, who turns 33 next week, was arraigned in Warren County Common Pleas Court Friday, February 4 and is currently being held on $50,000 bond, which she has not yet raised, according to her attorney, Charlie Rittgers of Lebanon, OH.

“We knew she was being investigated. There has been no discovery from prosecutors and we’ll be starting our own investigation.” Rittgers also stated that if she made bond, thought to be unlikely before the end of the weekend, she would have to wear a GPS monitoring device. and stay away from the victims and other Mason High students. “Anytime a teacher is accused of having sex with students, it gets peoples attention. It doesn’t surprise me with those allegations.”

Mason High school mother Ginnie Sclosser said that "It is just heartbreak all over, and I especially feel bad for the students that were involved and my heart breaks for their parents, too. It's just a bad situation for everybody,"

Schuler graduated from Centerville High School in 1996 and Wright State University in 2000. She was a student teacher at Fairmont High School in Kettering from 1999-2000, according to her file.Her duties included work as an athletic trainer for the high school’s girls and boys sports teams. She earned $53,194 in 2008, according to her personnel file.

In her Health Education Philosophy as part of her application to work at Mason, Schuler wrote that she wanted to teach students about major risk factors for teenagers including “sexual behaviors that result in disease, STDs, and unwanted pregnancies.” Part of her mission statement included “Today’s society has its own standards of behavior, values, and norms that do not necessarily reflect healthy living...How can a child who is sexually active as a teenager learn about STDs and how to prevent unwanted pregnancies?”

Mason superintendent Superintendent Kevin Bright said that “Our job at the end of the day, is to partner with our families and to empower our staff to report anything that seems out of line, and then to act swiftly when someone behaves inappropriately. He also said his district “acted swiftly, partnered with police immediately, and we are standing her[e] today because of how seriously our high school principal took an anonymous tip.”

 

The principal of Mason High, Mindy McCarty-Stewart sent out a e-mail to parents January 31. She said that “As high school principal, I am committed to the safety and well-being of our students, and will not tolerate behavior that does not conform to that goal. Our staff is prepared to help our students during this situation, and know how it important it is to continue to build trust with our students and families.”

 

Schuler isn't the only Mason High employee who has been embroiled in this scandal. George Coates, an assistant Mason High principal, allegedly sent Schuler sexually explicit images. Coates turned in his resignation and the Mason High School board is voting on whether to accept it at their upcoming Tuesday meeting. The school board is also voting on whether to suspend Schuler without pay and beging termination procedures against her at the meeting.

(Update 2-9-11) Schuler was released on her own recognisance yesterday. Conditions of release include a 8PM to 6AM curfew, no contact with any minors or high school students over 18, and no drugs or alcohol. The now former teacher must also wear a GPS device.

During the Mason School Board meeting last night, the board unanimously accepted the resignation of Schuler, who has submitted a letter of resignation Monday. They also accepted the resignation of former assistant principal George Coates. Despite this, Dr. Kevin Bright, Mason School District superintendent, faced calls from parents to also resign. One said "All this stuff happened under his watch." and another said, "It's your policies that now have cost the children their innocence. You ought to get out of Mason. Just get out of Mason. Get out."

Bright said that he reported the allegations to the Ohio Department Of Education, and "While we had begun the process to terminate Ms. Schuler, we received her resignation today and believe that accepting it will save the district a lot of legal fees, which is in the best interest of our taxpayers and students."

(Update 10-28-11) After a three day bench trial, Stacy Schuler was convicted of 16 felony counts of sexual battery and three misdemeanor counts of giving alcohol to minors in a Warren County, OH courtroom yesterday. The presiding judge was Judge Robert Peeler. All five teenage boys were over Ohio's age of cpnsent, which is normally 16, but does not exist when there is a position of formal authority.

All five teens, who were about 17 years old at time, testified that Schuler was drinking alcohol at the time of the alleged incidents, was a willing participant in the acts and initiated much of the contact.

One of the teens testified they considered Schuler’s home a safe place to get high. Several said they were high on marijuana during sex with Schuler and that she made them vodka smoothies and served them beer and peach wine.

Originally, Schuler plead not guilty to all charges, but changed her plea to guilty by reason on insanity, a plea which according to a prosecution witness, was planned by Schuler before she was formally charged. During Thursday's closing arguments, Assistant Warren County Prosecutor Teresa Hiett said that "She got drunk and made some really poor choices. Does that mean she’s insane? No. She was the adult. She was the teacher. She had the trust. It’s the relationship between the defendant and the victims that makes this a crime.”

Defense attorney Charlie Rittgers said that her condition was caused by a mixture of bipolar disorder, Zoloft, an antidepressant drug, and alcohol."The underlying disease is the bipolar. The catalyst is the Zoloft magnified by the alcohol.”

Rittgers said it didn’t make sense that a person with Christian values would risk her livelihood and freedom, and said that the evidence supported an insanity defense.

“They want us to believe that all of a sudden after 10 years teaching, she wants to throw it away to have sex with five different guys,” he told the judge. “It’s far more reasonable to believe Stacy was suffering from an underlying psychological disorder.”

Judge Peeler said that while the defense argument about the adverse reaction of alcohol and drugs or an underlying condition may explain Schuler's behavior, it does not excuse it. Being voluntarily drunk was no excuse for taking advantage of students, and that it would be "a leap" to suggest that Schuler did not appreciate the wrongfulness of her conduct.

Before the verdict, the mother of one of the victims took the stand and said while crying, "These young men may appear as if they are tough guys, but in reality they are truly hurting. (Schuler) played on their emotions and she crossed the line.”

The four year prison sentence comes with an option for early release in six months. Besides the felony convictions of sexual battery, Schuler must register as a Tier 3 sex offender every 90 days for the rest of her life. Schuler resigned as a gym teacher from Mason High school back in February.

Teacher gets 60 days jail, lifetime SO registration for banging 18 year old student

A former high school French teacher and bowling coach was sentenced to 60 days in jail, a $500 fine, and lifetime sex offender registration for having sexual encounters with an 18 year old student on Monday, May 16, 2011.  
 

44 year old Cheryl Clark’s sentencing was the culmination of a guilty plea entered Monday, April 11, 2011 in a Bellefontaine, OH courtroom. The guilty plea was for a single count of sexual battery. The presiding judge over was Logan County Common Pleas Judge Mark S. O'Connor. Clark, of Huntsville, OH, was a teacher for 15 years at Indian Lake High School before she was charged with sex with an 18 year old student.

Clark and the teenager had sex in her home at least twice, the first time on Feb.10 [2011], 16 days after the student turned 18, [Logan County Assistant Prosecutor Eric]Stewart said. Still, under Ohio law, it is a felony because Clark held a position of trust.

The boy’s mother became suspicious after she saw Clarke with her son at a school event. She went to local authorities,  and the Washington Township Police Department went to Clarke’s home and found evidence, including text messages.

Clark told probation officers who were conducting a pre-sentence investigation that she thought the relationship was permissible because the student had turned 18, Stewart said. O'Connor could have sentenced Clark to as long as five years in prison, and the prosecutor wanted prison time.

Besides the jail sentence, lifetime registration, and the $500 fine, Clark's teaching certificate was permanently revoked. She must also undergo counseling and have no contact with her victim.

Former Houston officer sentenced to 6 years jail for coercing prostitute into sex

A former Houston police officer was convicted, then sentenced to 6 years imprisonment for raping two prostitutes while on duty. 26 year old Demetrie Trevail Dixon, 26 was convicted by a Harris county jury on two counts of sex assault Tuesday, May 3, 2011. The conviction stems from charges that two prostitutes had been coerced into performing oral sex by Dixon while he was on duty.

Dixon was sworn in as an HPD officer in January 2009. He was arrested June 4 and terminated after an internal investigation Jan. 7 [2011].The north Houston division patrol officer was charged last year with four felony counts of sexual assault and two misdemeanor counts of official oppression.

Internal affairs investigators said Dixon stalked several women while on duty then took them to a secluded area to strip-search them. Prosecutors said he raped two of the women twice over a three-month period. After more than a week of trial and about two hours of deliberating, Dixon was sentenced for raping one of the women twice.

While Harris County Prosecutor Prosecutor Matthew Peneguy asked for the maximum of 20 years behind bars for "using the badge to coerce" sex, Dixon's defense attorney said "We don't need to warehouse this guy, he needs help," but the jury disagreed.

Dixon sill faces sexual assault charges for raping the other prostitute, and faces two misdemeanor allegations that he forced two other women, one of them an undercover police officer, to submit to strip searches under threat of jail. 

Teacher who faced 10 years behind bars for "relationship" with 19 year old student gets 10 months

(Original Post 5-29-10)
A 28 year old Shelby, NC teacher is facing a decade behind bars for an "affair" with a 19 year old student at the school she worked at. Nichole Chapman, a married mother of three daughters was arraigned at the Cleveland County Law Enforcement Center Thursday morning. Chapman was charged with two counts each of indecent liberties with a student and sex offense with a student.

The judge set Chapman's bond at $75,000 and ordered her not to have any contact with the victim, 19 year old Vavaughia Snipes. This may be a problem since instead of listing her estranged husband, Chapman listed Snipes' mother, Chella Whisnant as her nearest relative during booking.

Chapman and Snipes began their "relationship" about a month ago at North Shelby School, a school for special needs students between 3 and 21. All encounters took place at his home, and he claimed to have started the relationship. Snipes said that "I ain't no victim...I love her and she loves me, so as far as that goes. They are not going to stop me from seeing her so it don't matter,” he said. He suffers from seizures and a learning disability.

Chapman said she believes she was arrested and charged “Probably because I'm white and he's black." Jeff Ledford, the Shelby police chief, disagrees. "That teacher-student relationship, that's where it's at. That's where your issue lies. The age goes out the window when you are talking about a teacher [and a] student,” because North Carolina law considers teachers to be guardians of students.

(Update 5-2-11) Chapman was sentenced to 10 to 12 months in jail for indecent liberties with a student and sex offense with a student. In December, Cleveland County (NC) Superior Court Judge Forrest D. Bridges accepted Chapman's pleas. On Monday, May 2, it wasn't Judge Bridges, but Judge James W. Morgan who formally sentenced Chapman. Bridges ordered psychatric evaulations for Chapman, conducted while at a psychiatric hospital in Butner, NC. The evaluations stated that she was competent to stand trial.

Chapman’s lawyer, Katherine Haen, said the former teacher was on medications to treat her various disorders at the time of the incident. Haen said this “cocktail” of medicine affected her behavior.

Chapman’s mother and father sat in the courtroom during the proceedings. Haen said Chapman’s parents drove to Raleigh on a regular basis to visit their daughter over the three months she was at the psychiatric hospital. Haen said it was over the course of her stay at the psychiatric hospital that Chapman changed.

"I think she’s gotten to know herself. She actually thanks Judge Bridges for putting her through that program...She has three daughters she hasn’t seen since December. I hope that the court will allow her to be released today to start a new life, a new direction. This experience has really transformed her.”

Chapman echoed her lawyer's statement. “I’m not the same Nicole. I can tell, and my family can tell, I’m a different person thanks to the help I’ve gotten.”

Nurse guilty of sexually assaulting women and girls at medical offices in suburban Atlanta

A nurse who sexually assaulted women and girls under anesthesia was found guilty as charged in a Cobb County, GA courtroom on Monday April 11 and is expected to be sentenced to a lengthy prison term by Superior Court Judge Reuben Green during sentencing which is scheduled to take place within the next month or so.

48 year old Paul Serdula, a nurse anesthesiologist who practiced in metro Atlanta, was found guilty by Judge Green in a "stipulated facts" bench trial in which 20 pages of still sealed facts were agreed to and entered into evidence. Judge Green reviewed multiple images, presumably of women and girls being victimized. According to Cobb County investigators, this evidence shows victims from around the county and not just the victim Serdula was convicted of videotaping.

Serdula's defense attorney Jimmy Berry said that the images were the reason his client did not plead guilty, citing police misconduct in obtaining the evidence. "The pictures are what they are, they show what they show...We didn’t have a lot to fight about. Just the procedure of how they got them, and whether they got a valid search warrant.”

Serdula, who appeared in court Monday shackled at the waist, was charged in two separate indictments of assaulting 19 victims, including two girls under the age of 16, at a local hospital, surgery center, and a dentist’s office.

He was first arrested in November 2009, after a woman found the camera hidden beneath a bathroom sink at the Goldstein Garber & Salama dental office at 600 Galleria Parkway and called 911. He was later released on $50,000 bond, but was re-arrested about a week later on child molestation charges, after one victim was identified as a child [The 15 year old victim was victimized at the same dental office Serdula was arrested before].

In July 2010, he was again released, this time on $250,000 bond, before being arrested a third time, in December 2010 on additional charges of unlawful surveillance, aggravated sodomy and sexual assault. He has been held without bond at Cobb County Jail since that time.

A lawsuit filed by five female patients against WellStar Cobb Hospital was setteld out of court for an undisclosed amount.

According to the original lawsuit, four of the women were at the hospital to deliver babies via cesarean section, and a minor was undergoing an emergency appendectomy. The suit claimed that Serdula administered some drugs without medical need, and gave excessive doses, leaving the new mothers unable to recall their babies’ births. Other operating room staff were in the room at the time of the assaults but unaware of what was happening.

Serdula faces a mandatory minimum of 25 years in prison when he is sentenced.

Tracy, CA physician settles for millions in patient molestation cases - sentenced to 3 years imprisonment

(Original Post 2-7-10)
Peter Chi, a Livermore, CA plastic suregeon who practiced in Tracy, CA, has settled a lawsuit for $1.8 million filed by 37 female patients who alleged that they were groped and fondled by him at his practice, according to Stewart Tabak, the attorney for some of the victims. Tabak said that he and other attorneys reached the settlement because "It would be better to resolve it now." Chi's insurance company, Evaston Insurance, is trying to revoke his policy for criminal acts, not covered under the policy.

Chi, a Livermore resident, was the medical director of Beauty Renewed Laser Skin Center at 1770 N. Tracy Blvd. He was first charged in February 2009 after eight women filed reports with Tracy police. More women came forward after the investigation became public. The incidents are alleged to have occurred from May 2007 to January 2008.

The criminal case against Chi, 46, is still ongoing. He has pleaded not guilty to 51 counts of sexual battery, 15 counts of sexual penetration with a foreign object while the victim was unconscious and one count of committing a lewd act upon a child. One of Chi's accusers was 15 at the time of the alleged molestation.

Chi's trial is scheduled to start October 25. He's currently free on $500,000 bail and has surrendered his passport and medical license to authorities.

(Update 4-13-11) Chi was sentenced to 3 years imprisonment and a lifetime on the sex offender registry on April 4, 2011. The disgraced physician pled guilty to 36 counts of sexual battery and one dozen of the victims were present in the courtroom. "Renee" said that Chi botched her plastic surgery as well as groped her. "I feel like I was in a major car accident... He mutilated not only my body but my spirit. Today is judgment day."

As for Chi himself, he said just before sentencing,"I accept complete responsibility for my actions, and I am very sorry for the pain and suffering I have caused the victims and their families."   San Joaquin County Superior Court Judge Xapuri Villapudua chastized him for "taking advantage of mothers, daughters, and sisters."

Diana Koron, Chi's marketing director between 2004 and 2006 until she said Chi sexually assaulted her, attended Chi's sentencing. “I’m glad it’s over. I wish the sentence would be longer. But I am glad it’s over. I’ve been waiting since 2006 for him to be sentenced. Being in the courtroom yesterday was so emotionally draining....He showed absolutely no remorse whatsoever. He wouldn’t even look at anyone,”she said. Koron was not represented in any of Chi's civil lawsuits or criminal charges.

Correctional officer sentenced to probation for sex acts with inmate

A female former correctional officer was placed on two years probation Friday, March 25 with 2 years imprisonment suspended for having sexual contact with a 24 year old male inmate at the Burlington, IA facility where she used to work. 32 year old Megan Elizabeth Cecil originally faced four counts of sexual misconduct with offenders, but per plea agreement, two of those counts were dropped, and prosecutors agreed "not to file any additional charges now known to the state related to the defendant's employment at the Burlington Residential Correctional Facility."

Cecil admitted to engaging in a "sex act with an individual committed to the custody of the 8th Judicial District Department of Correctional Services," while she was a residential officer on March 9 and again on March 19, both of last year. The original charging document stated she had an inappropriate relationship with the inmate two more times later that same month.

Dan Fell, the correctional service's District Director, said Cecil started as a part-time residential officer in Sept. 14, 2007. She became a full-time employee in the position May 30, 2008, and resigned in April of last year. Three of the "sex acts" were reportedly committed inside the halfway house, and one was "in a location outside the facility," prosecutors said.

The two years probation were a compromise between jail time prosecutors were asking for and a deferred judgement that the defense wanted. Besides the probation related to her charge, Cecil will have to register as a sex offender and undergo counseling. Cecil will spend a decade on probation after the initial sentence.

St. Paul weight trainer accused of sexual misconduct with 16 year old - stipulated facts trial leads to probation

(Original Post 12-4-09)

A 25 year old weight room supervisor at Cretin-Derham Hall in St. Paul, MN was charged with two counts of 3rd degree criminal sexual conduct for a sexual relationship with one of her 16 year old students which took place back in 2008. Gail E. Gagne is alleged to have engaged in sexual contact with the 16 year old several times, including at her Bloomington, MN home and at a hotel near the Mall Of America.

Hotel records and Gagne's credit card receipts show that on Sept. 13-14 of that year, she spent the night at LaQuinta Hotel on Nicollet Avenue south in Bloomington, the complaint said.

The principal at the private Catholic school told police that Gagne was hired in November 2007 as an assistant basketball coach. From January through September 2008, she was a substitute teacher. In the summer of 2008, she worked in the weight room, and in late September 2008, she was hired as a full-time teacher, the complaint said.

Gagne is not in custody because she is believed to be in Chicagoland. Hennepin County District Judge Ron Abrams issued an arrest warrant Tuesday, December 1. Her attorney, Earl Grey, said his client will plead not guilty. Third degree CSC is a 15 year felony in Minnesota.

(Update 12-13-09) Gagne turned herself in at the Hennepin county Jail 3:30 Thursday, December 10, but made her $50,000 bond four hours later, according to jail records. She appeared for her preliminary hearing before District Court Judge Thomas Sipkins Friday, December 11, where she was ordered to stay away from the alleged victim.

(Update 2-8-11) A "stipulated facts" trial heard by a judge only will decide the case of Gagne. He jury trial was supossed to have started yesterday, February 7, 2011. This means that the prosecution and defense attorney has gone to agreement on facts without having a formal plea agreement. Also like a plea agreement,  a count of 3rd degree CSC was dropped and a second count of 3rd degree CSC was reduced to 5th degree CSC, a gross misdemeanor.

Under the agreement, prosecutor Judith Hawley will prepare a statement of the facts in the case and she, Gail Gagne and Gagne's attorney, Earl Gray, will sign it and submit it to Judge Richard Scherer on Wednesday. A sentencing hearing is set for March 28 if she's convicted.

According to Professor Joseph Daly of Hamline University Law School, such a legal arrangement meant it was a near certainty that Gagne would be convicted during the bench trial.

(Update 3-29-11) Yesterday, Gagne was sentenced to a year in jail, suspended, and two years probation by Hennepin County District Judge Richard Scherer. Gagne did not speak, but her victim's mother did. The mother said that she had hoped to send her son to Cretin-Derham to "provide a safe, loving environment," but that Gagne had betrayed her trust and damaged her family's lives. "His family is left holding the dirty laundry of the defendant's unprofessional, self-serving actions."

After the hearing, both sides used the words "reasonable" and "appropriate" to describe the outcome. Then again, they had both agreed to what it would be last month when they filed a "stipulation" with the court laying out what the facts were.

"I thought it was a reasonable disposition of the case," defense lawyer Earl Gray said afterward. "Although I thought I could win it, you can also lose."

"I think we had an appropriate resolution to a very unhappy situation," said Hennepin County Attorney Michael Freeman. He said he believed the verdict and sentence would send a message to teachers, coaches and others with authority over youths that having sex with students has strong consequences. "Society doesn't permit it, and morality doesn't permit it," Freeman said.

Gagne has moved to California.

Border guard gets 2 years for making women strip for no reason

A Canadian Border Service Agency (CBSA) guard was sentenced to 2 years less a day in the British Columbia jail system followed by three years probation by forcing young women, three Americans and a Canadian, to strip under threat of detention or a criminal record. The victims were detained on pretence of drug charges. 35 year old Daniel Johnson Greenhalgh was sentenced by BC justice Fritz Verhoeven in a New Westminster, BC courtroom on March 4, 2011.

The incidents took place in the spring of 2007 at the Douglas Border Crossing in South Surrey (known as the Blaine or Peach Arch crossing to Americans). The gropings took place between April 12 and May 26 in various locations at the crossing. The first incident, on April 12, featured two Seattle young women who were trying to cross the border. Greenhalgh separated them, made both of them strip, but only groped one of them.

The victims were not admitted into Canada.  The next incident featured a Canadian woman who was returning from Seattle with her friend April 14. The last incident featured a young heterosexual couple detained at the border on May 26, 2007. The last incident lead to the charges Greenhalgh were convicted of. 

The couple were detained at the border for one hour and 20 minutes. During that time Greenhalgh allegedly grilled the young woman about whether she was smuggling drugs, and then suggested that she could either be detained overnight in a cell and strip-searched in the morning or strip-searched now. When she chose to be strip-searched immediately, she was told to walk to the back of the building.

Greenhalgh then allegedly took her to a men's bathroom in a park where he ordered her to take off all her clothes except her underwear. After patting her underwear and private parts, he touched her breasts. She got dressed and the couple was allowed into Canada.

Justice Frits Verhoeven said that while even a legitimate strip search can be humiliating, the disgraced border guard used "relentless lies, intimidation and threats" to coerce women who knew the searches were illegal, but "reluctantly surrendered." Greenhalgh's abuse of authority had not only tainted the reputation of the CBSA, but tainted the reputation of Canada itself. Justice Verhoeven said that crimes like Greenhalgh's "shock and appall nearly every Canadian."

As a border guard, Greenhalgh was entrusted with enormous power, which he "knowingly, flagrantly and repeatedly" abused with apparent indifference to the suffering of his victims, Verhoeven said. And yet, he noted, the former guard has shown no sign of remorse.

The judge noted that Greenhalgh refused to discuss the offences with a psychiatrist prior to sentencing. Outside court, defence lawyer Stephanie Vyas explained to reporters that Greenhalgh maintains he's innocent and will launch an appeal of his conviction. The psychiatrist found him a moderate risk to reoffend, unless he finds himself once again in a position of authority. In such circumstances, the psychiatrist said, he'd be a high risk.

Two of the victims submitted victim impact statements. One said that after the "insult to her dignity," she had become cynical about authority figure, and a second victim is now afraid to travel. Another victim impact statement was submitted by Greenhalgh's ex-wife, who he met on the job as a fellow border guard. The ex-wife said that the crimes were a "devastating" breach of trust not only to the profession, but to her and their children. Greenhalgh is currently living in his parents' basement after being fired from the CBSA, a construction job, and using up his unemployment benefits.

Crown prosecutor Winston Sayson said that the sentence was just, since Greenhalgh's conduct was "an affront to all Canadians. He broke his promise, his oath of office."

Prosecutor given 6 months in jail, SO treatment for assaulting drunk driving defendant

(Original Post 4-24-10)

A former Holland, MI city attorney was sentenced to 6 months in jail, a year of probation, and sex offender treatment for coercing a 21 year old woman into sex in exchange for letting her off on a traffic ticket. 31 year old Carl Gabrielse was formally sentenced Monday, April 19 to 3rd degree criminal sexual misconduct and misconduct in office by Ottawa County Circuit Court Judge Calvin Bosman. If he completes his probation successfully, Gabrielse can withdraw the 3rd degree CSC conviction and plead guilty to a reduced charge of gross indecency between a male and female, allowing him to escape the Michigan SO Registry.

The incident took place with a 21 year old Zeeland, MI woman in a jury bathroom last fall.

Gabrielse, contracted through Cunningham Dalman as a deputy city attorney, was accused of assaulting the woman at the Holland District Court in November. The victim later helped gather evidence so police could arrest Gabrielse.

The victim, who never entered the drunken-driving plea reached with Gabrielse, recently reached a different deal with prosecutors to plead down to impaired driving.

The judge scolded Gabrielse before accepting the plea. "I'm sure you know your biggest crime in this case is your violation of your oath to your wife, your oath to your profession and your oath to your employer. It's a costly violation."

So did the victim's aunt on a local forum.

Let me educate you all about a few things, since you weren't there and don't know all the facts. I was there as I am a relative of the victim. First of all.....she was RAPED! He admitted to RAPE. These things are on the record. She had no say in 'the deal' that was made. Her life is never going to be the same. First she gets RAPED by a member of the legal profession. Then she gets metaphorically RAPED by the judicial system.

Guess what the judge said upon sentencing? I haven't seen this reported so I assume the media is in on 'the fix'. The judge said in words similar to these that 'Mr Gabrielse, the people you hurt most in all of this is your profession and your wife and family' Really? Not one single mention about my niece and what she will have to go through because of a corrupt system. I won't go into all of the rest that happened because it all just makes me want to puke. This person, who I refuse to call a man, has gotten off virtually free. All the judicial system wants to happen here is for this to go away. I hope reasonable people can see what happened here.

A young woman commited a crime that she should have been punished for IN A COURT SESSION, not by being assaulted. Once again, Mr. Gabrielse admitted to RAPE and was caught on tape saying he'd like the next time to be 'more mutual'. This......piece of filth should have to suffer for the rest of his life. Instead....because he is a husband and father, and because he's remorseful, and because he's a deacon in his church, and because he hasn't done it before, (somehow I don't buy it), and because he has already been fired, the judicial system, including the prosecutors office I might add, thinks the deal that was made is appropriate. Unfreakenbelievable.

She was hung out to dry the moment she reported it. This is a fantastic precidence to set for victim's of RAPE and other types of abused. Say yes to Michigan? Maybe. But not to the Ottawa County judicial system. Sounds like something that would have happened 75 years ago in the deep south, not in modern America. So very sad.

Gabrielse's law license is currently on administrative suspension by the Michigan Attorney Grievance Commission, an arm of the Michigan Supreme Court that handles attorney misconduct cases of all types. John Burgess, the attorney handling the expected discipline by his organization, said that the complex plea deal will complicate, but not derail the actions expected against Gabrielse's license.

  “It’s a unique situation in that he entered a plea but I understand that he may have the opportunity to withdraw it. That could be a bit more tricky” in deciding exactly when to begin disciplinary proceedings, he said. It’s certainly a serious matter and it’s going to be treated as such,” said Burgess.

(Update 3-12-11) Gabrielse finished his probation without any hitches, so he was able to withdraw his original CSC plea and plead to indecency between a male and a female under Judge Jon Hulsing Monday, March 7. The victim has filed a federal lawsuit against Gabrielse and the city of Holland. The defendants have agreed to settle with the plaintiff out of court, but details of the settlement are still being negotiated.

Suburban Philly doctor sentenced to a month imprisonment, five months house arrest for unwanted advances

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.

Former MA state senator admits to groping women, will serve 3 months jail, 5 years probation

(Original Post 6-6-08)
Senator is admitted to psych hospital Marzilli is seeking treatment after arrest

By Steve LeBlanc THE ASSOCIATED PRESS

BOSTON— A state senator arrested this week on charges of attempting to grope one woman and making lewd comments to a second was admitted to a psychiatric hospital yesterday. State Sen. James J. Marzilli entered the hospital hours after saying he would not seek re-election in the fall. The decision came a day after he was arraigned in Lowell District Court on multiple charges related to the arrest. Marzilli’s lawyer confirmed that he was seeking treatment.
“Senator Marzilli was admitted into a local hospital for treatment for an undisclosed illness this afternoon,” said Marzilli’s lawyer, Terrence Kennedy. A source close to Marzilli said on condition of anonymity that Marzilli was seeking treatment at McLean Hospital, a psychiatric hospital in Belmont.

Marzilli, 50, pleaded not guilty Wednesday to charges he tried to grab a woman sexually at a park in Lowell, then fled police, and to charges he made lewd remarks to another woman. Charges against him include disorderly conduct, resisting arrest, assault and battery and obstruction of justice. Marzilli is free on bail and due back in court July 3.

A spokesman for the Middlesex district attorney’s office said investigators were looking into other incidents possibly involving Marzilli, including one last year in Arlington and another in Boston’s Brighton neighborhood two years ago. Investigators also were looking into whether Marzilli was involved in other incidents in Lowell before his arrest.

Last month, Middlesex District Attorney Gerald T. Leone Jr. declined to charge Marzilli after a woman claimed he had touched her inappropriately in April, saying there was insufficient evidence.

Marzilli was arrested Tuesday after a woman told police he approached her while she was sitting on a park bench and tried to grab her crotch. A second woman called authorities after seeing media coverage of Marzilli’s arrest and said Marzilli made lewd comments to her. Kennedy said his client “totally denies” the charges.

(Update 2-23-11) Marzilli was sentenced to three months in jail and probation by Judge Paul Chernoff at Lowell Superior Court yesterday. Marzilli will serve his sentence at the Billerica House of Correction. For the first year of his probation, Marzilli will serve his first year under GPS monitoring and must do 200 hours of community service. A charge of attempted indecent assault and battery was stayed for a year, meaning that if the GPS monitoring goes without any hitches, Marzilli won't have to register as a sex offender.

In the city [of Lowell, MA]on June 3, 2008, for a function at Federal Fabrics-Fibers, Marzilli approached the women both on foot and in a car over the course of four hours, making lewd remarks about their bodies. They, in return, called him a pervert and told him to spend $20 on a hooker.

Middlesex District Attorney Elizabeth Dunigan said that some of the victims are afraid to go to Lowell, MA and that “At the time of his arrest, he was focused on himself, his career, his future. Maybe in time it can be a little bit about what these women lost on the streets of Lowell."

Predatory massage therapist sentenced to 11 years in prison

A Minneapolis massage therapist was ordered to serve 11 years imprisonment and be registered as a predatory sex offender on Valentines Day 2011. Lawrence Martin Valencour, 62, was convicted back in November of four counts of 4th degree criminal sexual conduct at a week long trial presided over by District Judge Thomas Poch. The assaults happened at Apple Valley, MN's A Touch Of Tranquility massage parlor, which has shut down.

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.

Long term substitute teacher charged with misconduct with three boys

A British literature teacher who allegedly had sexual relationships with three Bay City Central High School students is free on $100,000 bond. 41 year old Heidi Lewis was charged with 6 counts of 3rd degree criminal sexual conduct, punishable by up to 15 years imprisonment.

While the AOC in Michigan is normally 16, Michigan state law raises the AOC to 18 when dealing with teacher student sex under normal circumstances The same law raises it to 26 when dealing with Michigan special needs students. Lewis was arrested after the "girlfriend" of one of the alleged victims told Assistant Principal Joseph Buggs that her beau had had sex with the teacher. The teacher was a long term substitute, who taught between January and June 2010.  This led to an interview with Buggs and a Bay City police officer.

The students, both 17, told Buggs and the officer they had been in Lewis’ class and that during the school year, their relationship had been of a typical teacher-student nature.

Near the end of the school year, Lewis and one of the students exchanged cell phone numbers, one of the teens said. A short while after school let out for the year, Lewis came over to the teen’s house and they had sex, the teen told investigators.

The second teen told investigators the first teen later told him of his relationship with Lewis while they were hanging out together. When the second teen said he did not believe his friend, the first teen called Lewis over to his house. Both teens then simultaneously had sex with Lewis, they said, according to court records.

Over time, the two teens told a third classmate about having sex with Lewis. Investigators interviewed the third teen, who claimed to have had sex with Lewis in the back of her silver Jeep Cherokee. This teen told his girlfriend what happened and she ended up passing the information to school authorities.

Lewis was arrested later that day. She was arraigned February 9, 2011 in Bay County District Judge Dawn A. Klida's courtroom.  Bay County Assistant Prosecutor Jordan E. Case asked that an additional stipulation prohibiting her from contact with minors be added to her release conditions. Defense attorney Richard Lee Jr objected, but Judge Klida granted the prosecution request.

Lawrence, MA police officer sent away for 10-12 years for raping mother of two on duty

A former Lawrence, MA police officer was sentenced to 10-12 years imprisonment for raping a young mother of two who was drunkenly celebrating her 24th birthday. Sentencing took place on February 3, 2011 in Newburyport District Court by Judge Richard Welch.

Kevin Sledge Sr, 48, of Salem, NH, was also ordered to stay away from the victim, her family and her friend Regina Perry, undergo sex offender treatment, register as a sex offender, and serve 5 years of probation after leaving prison. Judge Welch said that while Sledge's family said that he was a supportive father and nephew, he was "a man who committed rape and indecent assault and battery," taking advantage of a woman who "was drunk as can be." The official charges a jury convicted Sledge of were three counts of indecent assault and battery and a single rape count.

He said he was trying to help the victim, who told him she was stranded and abandoned in downtown Lawrence that night. He said she asked him for a ride home to Nashua, N.H. He told her he could drive her to the police station.

When she refused to go into the police station lobby and wait for Perry there, Sledge said he allowed the woman to wait in his car parked out back. The victim says after she was picked up by Sledge, he drove her to the police station where he was on duty. She said he returned to his car several times to rape and assault her.

Sledge, a police officer for 17 years, raped and repeatedly assaulted the woman in his personal car, a silver Jaguar he parked behind the police station on Sept. 26, 2008. Sledge was assigned to the booking room and repeatedly left his post to go to his car to rape and fondle the woman. When arrested, he was immediately suspended from the department and stripped of his paycheck once indicted.

The trial was Sledge's second trial - the first trial ended in a mistrial. Prosecutor Kate MacDougall asked for a 12-15 years sentencing, citing the "sacred trust" Sledge violated and that he used his police officer status to facilitate "disgraceful and shameful behavior." MacDougall read a victim impact statement from the victim. The statement said that the attack affected her parenting ability. Her son missed school because she was too scared to walk his to school. She eventually sucummbed to depression, and was evicted from her apartment and ended up with her children in homeless shelters. 

"Every time, I (saw) a silver car, I put my head down and my heart would pound hoping it wasn't him," "Never would I have thought trusting a police officer was gonna end in a disaster," she said. "I thought I had no chance going up against a cop, but I did it anyways."

Defense attorney John Morris asked Welch to impose a 3- to 5-year prison sentence, pointing to the many letters of support Sledge's extended family had written on his behalf to Welch. Morris read a letter in court from Kevin Sledge Jr., Sledge's 21-year-old son, who is a sophomore in college. Sledge Jr. described his father as his best friend and a person who loves him unconditionally. He also said he was disappointed by his dad's choices. "I cannot imagine what my life would be like without him. He taught me to be a hard worker ... to never quit," Sledge Jr. wrote. "I am proud to call him my dad."

Morris also said Sledge suffers from congestive heart failure, a condition he was diagnosed with in August. In addition to heart valve and blood flow problems, Sledge also has a herniated disk in his back and nerve damage that resulted from a cruiser accident he was involved in as a police officer, Morris said.

Judge Welsh told the victim, "You displayed remarkable courage when you testified...Hopefully you can build on that." Shawn Sledge, 40, the perpetrator's nephew, said "[The sentence is] somewhat harsh ... I do understand the judge's comments that he was a police officer and a protector of the law. I understand the decision he made, even though I don't think it's the right one."

Suburban St. Louis police officer sentenced to 25 years for forcing women into sex acts

A former Uplands Park, MO police officer was sentenced to 25 years in federal prison for raping and robbing prostitutes. One attack occurred at his own police station. 32 year old Leon Pullen of Foley, MO was sentenced in a St. Louis federal court Friday, January 28 to the 300 month sentence after pleading guilty to nine federal felonies.

These felonies included conspiracy, deprivation of civil rights, witness tampering, and lying to the FBI. Federal prosecutors dropped ten other charges after Pullen pled guilty July 28, 2010. Pullen faced a sentence of 18 1/2 to 25 years of federal confinement.

Pullen's MO was to respond to online escort ads, then after the women responded, he would identify himself as a police officer, pull out his gun, then force the victims to perform sex acts on him. Two of the victims were forced into sex at gunpoint. Pullen was arrested by the FBI on Saturday, September 19, 2009.

The affidavit goes on to say that Pullen called the woman, said his name was "Jimmy," and agreed to pay $400 for a sexual act and that he had her and another woman meet him in Uplands Park on July 15, 2009.

At the meeting, the affidavit said, Pullen rubbed himself against one woman and told her that she had two choices: to give him all her money or get naked, LaCombe wrote. Another officer was present, [FBI special agent Greg]LaCombe wrote, but that officer is not named in the complaint.

Pullen then ordered her and the other woman back in their car and told them to follow him to the police station, where he took the victim to an office in the rear of the station, forced her to undress and then forcibly performed oral sex on her.

The woman, afraid that Pullen would call in the other officer to have sex with her, tried to end the attack by offering to meet Pullen later, LaCombe wrote. Pullen gave her his contact information, and then she left, later calling the FBI.

The victim of that encounter, identified as D.S., gave a victim impact statement and said the sexual assault left her with PTSD and a back injury. "I've always considered myself a very strong woman until that day," she said. The attack had also affected her ability to parent her four children.

Judge Rodney Sippel gave Pullen the 25 year sentence, stating "[People] trust law enforcement to make sure they're safe," Sippel said. "For law enforcement to turn on them and take from them that sense of safety . . . it's hard to comprehend." Pullen was also ordered to pay thousands of dollars in restitution, with the exact amount being disputed.

The second officer in the federal complaint, Justin Biancardi, plead guilty in St. Louis federal court Monday, January 10, 2011 to shaking down over a dozen prostitutes for money. Biancardi, who cooperated with the feds, faces a maximum sentence of 10 years imprisonment and a $250,000 fine when he is sentenced April 13.

Former teacher gets year in prison and lifetime SO registration for "relationship" with 18 year old girl

Ryan Spicer, a 30 year old ex teacher from Crooksville, OH, was sentenced to a year in prison and lifetime registration as a Tier 3 sex offender for a count of sexual battery. Perry County Common Pleas Court accepted his plea November 16 to a Bill Of Information regarding a count of sexual battery. The victim was a 18 year old girl who Spicer met as a business teacher at Crooksville High School. Spicer was also employed as the assistant football coach at the high school, and worked there from July 24, 2007, to May 20, 2010. Spicer cited "personal" reasons for his resignation.

Kyle Newton, superintendent for the Crooksville Exempted Village School District Board of Education, said once Spicer had resigned, the school was removed from the situation. Newton did say the girl was the only student who has reported any incidents with Spicer.

Although Newton said he and Spicer had a conversation just before Spicer's resignation last year, he would not state what had been discussed. Newton said Monday that when he learned of the situation, he dealt with Spicer as quickly as he could.

According to Newton, Spicer surrendered his taching credentials last month.

LA county health inspector gets 115 days jail, lifetime SO registration for groping donut shop owner

A Los Angeles County health inspector was sentenced to 115 days in jail, three years probation and lifetime sex offender registration February 3 for groping a Pomona, CA doughnut shop owner. Los Angeles County Superior Court Judge David Brougham meted out the sentence February 3 in a Pomona, CA courtroom. 51 year old Magdy Tawadros was convicted on January 26 after jurors found him guilty of a single sexual battery count.

The groping took place March 24, 2010, at the 45 year old victim's shop, Pixie Donuts. A surveillance camera caught Tawadros grabbing the woman in the back room of her shop and touching her chest as she tried to get away. The victim's civil attorney, Tim McDonough, elaborates on the encounter.

"The first actual assault was a hug, at which point the female store owner distracts him and says, 'I have to look out for the customers,' and she escapes, and after that a second altercation occurs where she's reeled in and of course there's some groping that occurs, and some inappropriate hand touching and things of that nature, and at that point a second escape occurs that then leads on to a third physical altercation. He spends about 15 minutes on the premises asking the female store owner if he can date her, and asks for her phone number and apparently leaves another business card with her in an attempt to solicit her to engage in some sort of encounter with him in the future," said McDonough. The victim went to the police March 29, 2010.

Tawadros, who worked in the West Covina bureau of the Los Angeles County Department of Public Health, was initially placed on desk duty, but fired on April 14 after the surveillance tape came to light. According to defense attorney Michael Holmes, "Watching (the jury) view the surveillance tape it was clear they were uncomfortable with what happened and I think that was the deciding factor."

It was the second jury trial in the case. The first ended in a mistrial after Deputy District Attorney Lauren Guber failed to give Tawadros' defense attorney an audio recording she made during interviews with the alleged victim and her husband. Deputy District Attorney Daniel Rochmes prosecuted the case to conviction, Gibbons said. Rochmes could not immediately be reached for comment.

The victim impact statement by the woman and her husband said they were "so relieved now that the jury has found Mr. Tawadros guilty... In our view, he has shown no remorse for what he did and he has fabricated a gross public lie intended to prove that he was innocent and to turn the tables on his victims, our family. He used his advantageous position as a county public code enforcer to commit a criminal act while he was on duty."

A $10 million lawsuit has been filed against Tawadros by the victim.

Fresno insurance company owner sentenced to 10 days jail, 4 years probation for peeping on female employee

A Fresno, CA boss was sentenced to 10 days jail, 20 days in a work program and four years probation Wednesday, January 26 for taking indecent photos of one of his female employees in December 2009. 51 year old insurance company owner Wellman Shew was convicted of misdemeanor peeping after he was found with "disturbing" images on his work computer. If Shew violates his probation, he will be sent to prison and the four years he is scheduled to spend on the sex offender registry will become life.

Police later searched Shew's business on North Cedar Avenue near Alluvial Avenue and found a video that showed a female employee using the restroom. Police said officers also found a fake plant on top of the toilet with a secret compartment and two boxes with holes on the side.

In court Wednesday, [prosecutor Tim]Galstan, a deputy district attorney, informed the judge that there could be multiple victims, because Shew had told police that he was not fixated on just the victim in this case. "I just kind of rotate from people to people," Shew said, according to Galstan.

Just before sentencing, Shew told Judge Dennis Peterson in Fresno County Superior Court that his actions stemmed from a porn addiction, and "Hopefully, she will find in her heart to forgive me." Defense attorney Michael Idiart said that his client has tried to make amends by attending marital counseling, paying a civil settlement, and that "He accepts his punishment and wants to move forward."

The victim also made a statment to the court, asking Judge Peterson to make her peeper register as a sex offender. "Knowledge is power - I want future employees to know what he did." Peterson, when announcing his sentence, cited the vulnerability of the victim and the "sophistication and planning" of the unlawful recording.

Chief Master Sergeant sentenced to 20 months for sexual harassment of subordinates

A former Chief Master Sergeant for the US Air Force was sentenced to 20 months imprisonment and a dishonorable discharge for having "affairs" with ten subordinates. Chief Master Sgt. William Gurney was convicted of 15 counts after a 5 day court martial. Scott Air Force Base, Ill was the site of the court martial. According to the complaint, the sexual misconduct lasted between 2007 and 2009.

Gurney pleaded guilty to seven charges of dereliction of duty for failing to maintain a professional relationship with seven female subordinates, one violation of wrongful misuse of government property, one violation of indecent conduct with a female master sergeant and four violations of committing adultery with four female subordinates, according to a news release from the 375th Air Mobility Wing Public Affairs team at Scott.

Gurney entered the blind plea because he was“derelict in misusing his position by consensually exchanging explicit pictures with female subordinates and by fondling or kissing them.” He also sexted, kissed, and fondled female subordinates, and had sex with his wife with a married subordinate present.

According to prosecutor Capt. Tania Bryant, “As a chief master sergeant in the U.S. Air Force, it was his responsibility to lead, mentor and guide his enlisted troops,” she said. “How did he do that? He abused his position, marred the reputation of AFMC and blackened the eye of the Air Force.”

Defense attorney Maj. Lance Wood said the misconduct was“almost exclusively about mutual affairs with adult women” and that Gurney took “moral and legal responsibility” for his crimes.

However, prosecuting Maj. Patricia Gruen showed photos of Gurney's penis, a photo he sent to a senior airman. Gruen said that that photo, and not his stripes, “was how Chief Gurney chose to represent himself and the U.S. Air Force..He was out there as one of the Air Force’s very, very, very, very best,” she said. “He was Superman. They were flattered and they couldn’t imagine a command chief paid any attention to them, much less directed attention to their careers. But this Superman charged for his services, and he ultimately charged a price they wouldn’t pay.”

During a speech just before sentencing, Gurney said “I essentially lived a double life in which my actions were not those of a senior leader at a majcom of the Air Force,” Gurney said, crying and pausing several times as he read from a statement. “I am not a bad person. I made some bad decisions. I got caught up in a cycle of sin.”

He also talked about how his two daughters were leery of entering a grocery store because of fear of being recognized. The oldest daughter, just 15, is taunted at school because of her father's actions.

Gurney’s confinement was scheduled to begin Friday night, but his case isn’t over. The convening authority, 18th Air Force commander Lt. Gen. Robert Allardice, will review the sentence and have the final say. And Gurney’s dishonorable discharge and his prison term trigger an automatic appeal to the Air Force Court of Criminal Appeals at Joint Base Anacostia-Bolling in Washington, D.C.

Gurney and lawyers for both sides declined to talk with reporters after sentencing. Air Force Materiel Command spokeswoman JoAnne Rumple released a statement on the case, but it did not say if commander Gen. Donald Hoffman has been following the case or he had any comment.

Michelle Lindo McCluer, the executive director of the National Institute Of Military Justice, said “A dishonorable discharge is the worst kind of punitive punishment you can give at a court-martial.  I’ve seen that given to people convicted of rape and murder and occasionally desertion. To give it in a case like this? That’s definitely sending a message.”

Besides the dishonorable discharge, Gurney was demoted to airman basic and will be stripped of his  $6,215.70 a month  pay and allowances while incarcerated.