Man who slept with, pimped grown daughter out sentenced to 15 years imprisonment, 15 years sex offender probation - daughter sentenced to probation

(Original Post 5-2-10)

A Palm Coast, FL man who prostituted and had sex with his grown daughter was sentenced to 15 years imprisonment and 15 years of sex offender probation Friday, April 30. Alton Smith, 47, was sentenced after pleading guilty to two counts of incest, one count of living off the earnings of prostitution and 52 counts of possession of child pornography. After completion of prison, Smith will be subject to lifetime monitoring under Jessica's Law and civil commitment under Florida's Jimmy Ryce Act.

The incest and prostitution counts were due to his pimping (and having sex with) his daughter Kristilyn. The incest led to a 3 year old son who is now in state custody. Because the incest happened in the presence of their son at their former business, Hot Shots A1A Models and Photography, one of the charges Smith plead guilty to was lewd and lascivious exhibition in the presence of a minor under 16.

A suspicious advertisement for an escort service led investigators to arrest Kristilyn Smith for prostitution on Dec. 12 [2008]. Alton Smith also was charged with being a principal to prostitution and was given a notice to appear in court.  According to a police report, Smith admitted his daughter occasionally worked as a paid escort and he told police that those who answered his Internet ads usually would photograph or film his daughter in the nude.

When Flagler investigators returned to the Smiths' Palm Coast home with a search warrant later in December, they said they found photos of "hundreds" of children posed nude or engaged in sex acts.

Officials also arrested Smith's wife, Tina Marie Smith, 44, who is his daughter's stepmother. Tina Marie Smith had been jailed for 15 months until last month when she struck a deal, pleading guilty to aggravated child abuse in exchange for prosecutors dropping 37 counts of possession of child pornography against her. She was sentenced to 10 years sex offender probation and will not be listed as a sex offender.

Kristilyn will be sentenced at a later date for 3 counts of incest, prostitution, and child neglect.

(Update 11-23-10) Last Monday, November 16, Kristilyn was sentenced to 5 years probation in a Daytona Beach courtroom for a single charge of incest.  Flagler County, FL Circuit Judge Kim C. Hammond dropped a second incest charge and a child neglect charge. Volusia County sentenced Kristilyn to 15 years probation for another incest charge. This concludes the criminal proceedings against her.

Mississippi man charged with raping pregnant wife, beating child

An Ocean Springs, MS man accused of raping his 35 week pregnant wife and beating his 9 month old daughter was being held on $850,000 bond by Pascagoula County Judge Larry Wilson with strict orders not to contact the victims, either directly or indirectly.

27 year old Jason Dennis Vaughn was formally charged with felony capital offense rape and domestic violence assault on his wife and felony child abuse of his 9 month old daughter by punching her. The rape bond was set at half a million dollars, the aggravated assault bond was set at $250,000 and the child abuse bond was set at $100,000.

The woman said she wasn’t able to call for help right away because her husband wouldn’t allow it. She told investigators she would’ve gone to her neighbors for help but couldn’t because they were her husband’s relatives.

Sheriff Byrd said Vaughn was charged with felony rape for allegedly sexually assaulting his wife. In addition, he’s accused of punching the couple’s 9-month-old daughter.

Also investigating the child abuse allegations are officials with the state Department of Human Services. The couple’s child was turned over the care of her great-grandmother pending the mother’s recovery.

"If you're able to make bond, you have to stay out of trouble, and you have to stay away from (the victim and the child.) You're to have no contact. Let your lawyer handle all of that. You should not e-mail them, text them, call them on the phone or have a family member contact them. Let your lawyer handle it. You're to have no contact with them as a part of your bond."

Ocean Springs Hospital reported the victim's split lip, black eye, and stomach bruises when Vaughn brought the victims there early Sunday, August 23. The rape charges carry a maximum life sentence.

Arkansas man gets 45 years with 24 to serve for wife rape, kidnapping

A Siloam Springs, AR man was sentenced to 45 years Thursday for kidnapping and raping his wife, then holding their 5 year old son as a human shield when police arrived back in April 20, 2007.

Ciro Jimenez was found guilty Thursday, April 30, of rape and kidnapping, Class Y felonies in Arkansas, and the Class D felonies of aggravated assault and endangering the welfare of a minor in the first degree. The assault charge was enhanced because it was done in the presence of their 5 year old son.

The jury recommended that Jimenez serve 15 years for rape; 20 years for kidnapping; five years for aggravated assault; five years for the enhancement; and five years for endangering the welfare of a minor.

The panel did not recommend whether Jimenez would serve the sentences concurrently or consecutively, but [Benton County Circuit Court Judge] Clinger ordered Jimenez to serve five years each for the aggravated assault and the endangering convictions. The judge sentenced Jimenez to five years for the enhancement charge. Clinger sentenced Jimenez to 15 years for rape and 20 years for kidnapping. He ordered the sentences to be served consecutively.

His wife testified that Jimenez forcibly held her in their home for about 20 hours. She testified he attacked her and tied, taped and gagged her. He also raped her on two occasions, she testified. She was able to call 911, and a Benton County Sheriff's Office deputy responded to the scene.

The deputy was met by an armed Jimenez, who pointed a .45-caliber gun toward the deputy. Jimenez was holding his 5-year-old son as a shield. The deputy retreated behind his vehicle for cover and drew his weapon.

After several minutes, Jimenez dropped his weapon and was arrested. After Jimenez was placed in the patrol car, he was recorded telling his nephew to have his (Jimenez's) wife killed. Jurors listened to and watched the recording.

Due to the above account of the attack, Deputy Prosecutor Carrie Dobbs asked all sentences to be run consecutively. "'I will get out one day and get my revenge," Jimenez said before the attack.

The judge presiding over the trial was Benton County Circuit Judge David Clinger, who described the crimes of conviction as violent crimes leaving a woman and her son victims. While the gun was not discharged during the standoff according to Clinger, "the deputy sheriff had to respond. It's his job. He walked into the face of death."

Doctors fail to report rape of developmentally disabled Australian woman

Julia Medew
August 28, 2008
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A MELBOURNE abortion specialist was one of several health professionals who did not report the rape of a severely intellectually disabled woman when the perpetrator was insisting on the termination of her pregnancy, a tribunal has heard.

Dr Patricia Moore, an expert called into review the case of a late-term abortion performed without legal consent, yesterday expressed shock that so many people who assessed the woman's pregnancy did not act on the fact she had been raped.

"There was obviously evidence of sexual abuse that was not investigated by many people before the final episode," she said. "I started to wonder if a special procedure had not been performed if any of the professionals would have addressed the issue of sexual assault."

Dr Moore made the comments at a Medical Practitioners Board hearing into alleged professional misconduct by Mark Schulberg, the doctor who did the disabled woman's abortion in March 2005.
It is alleged Dr Schulberg performed the termination at 25 weeks without gaining legal consent through the Victorian Civil and Administrative Tribunal, a legal requirement for an adult who is intellectually disabled.

It is alleged he did not contact police about the pregnancy when he should have known she was incapable of consenting to sexual intercourse. The woman's father, who helped organise the abortion, was convicted of the rape this year and sentenced to a minimum of seven years' jail.

The board heard the woman's father met at least one other doctor and social workers to discuss the termination of her pregnancy before he met Dr Schulberg at his Croydon clinic.
None of the health professionals took any action to find out who had raped the woman, despite some of them acknowledging that she was unable to consent to sexual intercourse, the board heard.

"All of the people who came into contact with the family gave emotive descriptions about her parents and how lovely they were," Dr Moore said.

"If a risk assessment was performed, there would have been quite a bit of concern about the possible perpetrator, given that one might be concerned that that person consenting (to the abortion) had a vested interest in lying."

Dr Moore said although it was difficult to make an "absolute judgement" of Dr Schulberg's actions, she believed his peers and the general community would expect him to know the laws surrounding consent for such a procedure.

Aside from this ignorance, she believed Dr Schulberg acted in good faith and upheld professional standards by gaining the consent of the woman's parents.

When asked if Dr Schulberg should have been wondering about the credibility of the woman's parents, Dr Moore said it was a big leap for any practitioner to think incest had occurred.
She said a practitioner must form the view a person purporting to give consent was the appropriate person before a procedure was done.

In a statement to the board, Dr Schulberg said he planned on contacting the police, but the board heard the police contacted him first after hearing the allegations from another person.
On the basis of this statement, Dr Moore said she was satisfied Dr Schulberg was going to act professionally in his management of the crime.

Dr Moore said if the case had have gone to VCAT and she was asked to give medical evidence about whether the abortion should have proceeded, she would have recommended it go ahead.
Dr Schulberg will give evidence at the hearing, which has been adjourned.

British citizen sentenced to life without parole for deaths of wife, daughter

WOBURN, Massachusetts (AP) -- A British man convicted of shooting to death his 9-month-old baby and wife as they cuddled in bed showed no reaction Thursday as he was sentenced to two life prison terms without the opportunity for parole.

Neil Entwistle was found guilty Wednesday of two counts of first-degree murder in the 2006 deaths of his wife Rachel and their baby, Lillian Rose, in their rented home in Hopkinton. He fled to his native England afterward.

He claims that his wife killed the baby and then committed suicide.

Prosecutors said he was despondent over mounting debt and dissatisfied over his sex life.
During the brief sentencing hearing, Rachel's mother, Priscilla Matterazzo, called Entwistle's theory of a murder-suicide "low and despicable."

"Suffering does not begin to describe what we have been enduring without our beloved Rachel and Lillian," said Matterazzo, who wore a pink rose on her lapel in memory of her granddaughter. "I have lost two generations of my family."

Matterazzo asked that the life sentences be consecutive, to represent the two generations.
But Middlesex District Court Judge Diane Kottmeyer said that would be only symbolic because there is no chance he'll be released, and she imposed two concurrent life sentences.

Entwistle's family continued to support him.

"There is no way our innocent son Neil is guilty," his father, Clifford Entwistle, said before the sentencing. He refused comment afterward