Showing posts with label guilty. Show all posts
Showing posts with label guilty. Show all posts

Thursday, May 29, 2008

Semen sex abuser sentenced to 30 days in jail, eviction from apartment complex

A man convicted of ejaculating on his (ex-) friend's sleeping wife was sentenced to 30 days in jail and ordered to move out of his apartment complex by Judge Fred Averas because that's where he victimized her. Adam Serafin, 26, was the first person to be convicted of 3rd degree sex abuse in Oregon without some type of skin to skin contact.

According to the judge's written ruling, Serafin slept over his friend's Dallas apartment after the two got drunk while watching a football game Dec. 3.


Serafin, his friend and the friend's wife all slept in the living room. The friend slept on a couch, while his wife and Serafin slept on recliners. A few hours later, the woman awoke to a wet feeling on her exposed leg. She looked up and saw Serafin at the foot of her recliner. Serafin zipped his pants and fled into the kitchen when the woman screamed.

Because of the husband's drunkenness, the victim had trouble waking him up, but the husband kicked Serafin out of their apartment and called Dallas police.

In cases of this type, the suspect usually is charged with only harassment or disorderly conduct, both of which are non-sexual offenses, Newton-Tapia said. But in arguments earlier this month, Newton-Tapia told Avera that Oregon law defines spitting on someone as offensive physical contact, and argued that semen should be considered an extension of the body.

Friday, May 23, 2008

Man who answered ad about "lady driven car" convicted of sex assault

REGINA (SNN)[Sasketchewan News Network]
-- A stranger who groped a young Regina woman after responding to a newspaper advertisement for her "lady-driven car" has been convicted of sexual assault. It took the nine-woman, three-man jury only half an hour Wednesday to find John Robert Chrispen guilty.

The 49-year-old Regina Beach man was accused of grabbing the complainant's breasts on Aug. 21, 2006, after they took her Acura Integra for a test drive.

Court of Queen's Bench Justice Ronald Barclay adjourned sentencing to July 21 and ordered a pre-sentence report.

Chrispen will remain free on release conditions pending his sentencing.
The verdict came a day after the victim, who was 18 years old at the time of the assault, told court she decided to go to police lest it happen to someone else.
"It was the right thing to do," she said.


The woman, who cannot be identified under a publication ban, met Chrispen in a parking lot near the University of Regina after he called about her car ad. She said he appeared nervous during the test drive and twice abruptly braked for a pothole or puddle. Both times, he reached out his arm, touching her upper chest, as if to brace her in the passenger seat -- despite her seatbelt -- as the car jolted forward.

After they returned to the parking lot and she was back in the driver's seat, he mentioned that he had left his cellphone in the vehicle. Rather than waiting for her to reach for the phone, he leaned into the vehicle, grabbed each of her breasts, then picked up his phone and left, she told the court. She sat in the vehicle crying for about five minutes.
Chrispen never testified and called no other evidence.


His defence lawyer, Jeff Deagle, suggested the woman was mistaken in her impression of the incident and Chrispen had accidentally brushed her chest while reaching for the phone.
But Crown prosecutor Marylynne Beaton argued the woman clearly believed she was intentionally groped.


In his instructions to the jury, Barclay said an assault occurs whenever force is intentionally applied without the consent of the other party.

"Mere touching is sufficient if done intentionally," he said. To find Chrispen guilty of a sexual assault, the jury had to find the assault violated the complainant's "sexual integrity."

"This is a serious charge," Barclay told the jury, reminding them several times they couldn't convict unless the Crown had proven its case beyond a reasonable doubt.

Woman pleads guilty to killing abusive "partner"

A woman who shot her boyfriend to death last year did so because of the abuse she endured just before the rape and also because he threatened to kidnap, rape, and kill kids, her defense attorney told Judge Deborah Bernini on Monday.

Details of Damien Blaine Thorn's life and death were revealed Monday when Danielle Marie McFarland, 26, pleaded guilty to manslaughter in Pima County Superior Court.

Assistant Pima County Public Defender John Seamon told the judge that Thorn, 42, and McFarland were a live-in couple for the five years, with the last two of those years featuring increasing physical and psychological abuse.

Thorn, armed with a Desert Eagle .44 Magnum, picked up McFarland from work on Monday, July 9, Seamon said.

He told her that if she hadn’t been at work, he would have hunted her down and killed her, Seamon said.

Over the next five days, Thorn kept McFarland naked and restrained, only releasing her to complete certain chores, Seamon said.

Thorn repeatedly told McFarland he would kill her unless she helped him kidnap small children so he could have sex with them and murder them, Seamon said.

That Friday, Thorn released McFarland from her restraints so she could sign a contract in blood and perform her duties, Seamon said. McFarland was able to retrieve Thorn’s gun from another room after receiving permission from him to turn off the lights, Seamon said.

When McFarland pointed the gun at him, Thorn laughed and told her if she didn’t shoot him, he was going to restrain her, kill her mother, kidnap, rape and kill a child and then kill her, Seamon said.

It was only at that point, Seamon said, that McFarland shot and killed Thorn.
McFarland called 911 from the couple’s home in the 9200 block of East Tanque Verde Road
.

When the case was presented to a grand jury, court documents indicated that Thorn and McFarland were engaged in a “consensual” master-slave relationship, but that there were witnesses who would testify that McFarland was a victim of domestic violence.

One of these witnesses, Thorn’s ex-wife, told detectives that he changed his real name to Damien Thorn from Richard Meager because that’s the Antichrist’s name from the movie “The Omen.”

The former wife also told detectives Thorn was extremely abusive during their marriage, liked “little girls” and required her to stay in a dog kennel, court documents indicate.

Other witnesses confirmed that McFarland was often covered in bruises, and that Thorn had an “unhealthy interest in small children.”

Seamon told Bernini that the defendant planned to move to New York, and Bernini gave McFarland permission to travel to New York before sentencing on July 18. McFarland faces a sentencing range from probation to 5 years.

Sunday, May 18, 2008

Dodgeville man pleads guilty to raping Madison woman

A Dodgeville, WI man pleaded guilty to following a 31 year old Madison, WI woman into her apartment, forcing his way in, and raping her on July 30. Walter Matthews, 21, faces a sentence of 60 years for the 1st degree sexual assault and 15 years for the burglary conviciton.

Under a plea agreement reached with prosecutors, three other sexual assault charges and a kidnapping charge were dismissed but can be considered for sentencing by Dane County Circuit Judge Daniel Moeser. Three other sex assault counts were also dismissed.

Prosecutors have agreed to limit the maximum sentencing sought at the sentencing hearing, which will take place in about a month.

Halifax, NS, Canada man found guilty of exposing girlfriend to HIV

From The Daily Gleaner

HALIFAX - A Halifax man living with HIV was found guilty Thursday of aggravated sexual assault for not telling his ex-girlfriend about his health condition before having unprotected sex with her.

Blaine Arthur Holland, 36, was diagnosed with HIV in 1995 but his ex-girlfriend, who can't be named, was under the impression he only tested positive in March 2006.


"He's been lying to his friends, his family, to anyone who will listen," the victim said in a brief phone interview after the verdict Thursday. "He knew.

The Halifax woman, 37, agreed to keep dating Holland after he told her, thinking he had just found out. She ended the relationship and went to the police in September 2006, when she discovered from another ex-girlfriend of Holland's that he's known about his condition for much longer.

Consent was the main issue in the trial, Justice Arthur Pickup said during his half-hour decision in Nova Scotia Supreme Court.

He explained that although a person may freely agree to have unprotected sex with someone else, the consent is moot if the person was unaware of the partner's HIV status beforehand.
During the two-day trial last month, the victim testified that had she known Holland was infected, she never would have entered into a sexual relationship with him.


She told the court they had sex between 100 and 150 times. They didn't always use a condom, she said, although Holland insists they always practised safer sex.Pickup said it came down to the credibility of Holland and his ex-girlfriend, who has so far tested negative for HIV.

The woman said she got tested for the virus as soon as she found out Holland's status in March 2006. However, Holland testified that he was upfront about his health when the pair started dating a year earlier.Pickup said it "didn't make sense" that the woman would wait a year to get tested if Holland had told her about his condition in March 2005.

A presentence report was requested and Holland will return to court Aug. 14 for sentencing.

Saturday, May 17, 2008

Wife pleads guilty to breathplay death of husband

A woman plead guilty to criminal negligence involving death by hanging her husband during kinky sex gone wrong. In an ironic twist, the victim strangled a woman to death in another kinky sexual sesion over 20 years ago, and served 8 years.

Crystal Boarder, 31, pleaded guilty to criminal negligence causing death. Her husband, Tony Boarder, 46, died of asphyxiation during the hanging in September.

Tony and Crystal Boarder, his partner of about 10 years, engaged in "kinky sex games" of bondage and asphyxiation, the court heard.


They performed acts of suffocation with plastic bags and sheets, drownings in the bathtub and hangings in their barn, assistant Crown attorney Pamela Borghesan told the court.

On Sept. 8, the couple videotaped themselves taking turns hanging each other in the barn next to their house outside Rockwood, Borghesan said, describing the footage.

First, Crystal Boarder was hanged by her husband and let down. Then, Tony Boarder placed the rope around his own neck and she hanged him. He told her to lower him and then quickly lost consciousness. Crystal Boarder slowly brought him to the ground over a period of about 15 minutes. For the next 40 minutes, she checked his pulse and smoked cigarettes.

Later that morning, Crystal Boarder called the police and said she had accidentally killed her husband during a sex game, Borghesan said before Justice David Carr.

Crystal Boarder will be sentenced on July 16. Criminal negligance causing death carries a maximum sentence of life imprisonment.

Saturday, May 10, 2008

US marine acquitted of rape, guilty of indecent assault

A US Marine has been given a two year prison term, a dishonorable discharge, and reduction of rank to private after being acquitted of more serious rape charges in an attack on a young woman in Hiroshima in October. Lance Corporal Larry Dean, 20, was one of four Marines court-martialed, and the attacks of woman and giels by US Maries are prompting anti-US protests in some Japanese cities.

The military decided to court-martial the men even though Japanese prosecutors dropped the case, reportedly because the alleged victim had changed her story and may have consented to sex with one man.

A court-martial found that Dean was guilty of “wrongful sexual contact and indecent acts” along with violating military orders.But the military judge, Major Charles Hale, found him not guilty on charges of rape and conspiracy to rape, a military statement said.The judge yesterday sentenced Dean to two years confinement and dishonourably discharged him from the military. His rank was reduced to private and he was forced to forfeit pay.

The woman, who was 19 at the time of the incident in October, said the soldiers raped her in a car and then stole her money. But the court-martial also cleared Dean of charges of kidnapping or receiving stolen property.It was the first verdict announced for the four servicemen.


There are 40,000 US troops stationed in Japan, dating back to Japan's surrender in World War 2, when it renounced the right to make war. Japanese leaders have calld for more controls after incidents including the alleged rape of a 14 year old girl and the murder of a cab driver.

The case has automatically been sent to a military appeals court, in line with military procedure. and

Friday, May 9, 2008

Fake San Antonio cop found guilty of attempted rape of 18 year old

Arthur Berkely, an attempted rapist who used the ruse of being a police officer to attack his 18 year old victim in San Antonio, TX, was found guilty of sexual assault after four hours of jury deliberation by a Bexar County jury Thursday.

Berkley didn't testify in his defense, but told police in a statement that the teenage girl agreed to consensual sex.

The victim took the stand at her sexual assault trail and described what happened after she met Arthur Berkely.

She was only 18 years old when the attack occurred in November 2006. She and her boyfriend got into an argument at a party and he left her there. Alone, she was approached by Berkley, who she said claimed to be an off-duty police officer.

Berkley told the victim she was under arrest for disturbing the peace, and that he had already arrested her boyfriend. He told her he needed to take her to his house so he could pick up some paperwork.


Though upset and frightened, she told the jury at Cadena-Reeves Justice Center she did not question whether or not Berkley was in fact an officer until he made a disturbing comment about her appearance.

"He said, 'I'm a good cop and I take my job very seriously, but I think you’re kind of cute. And that’s when everything clicked…that’s when I knew he wasn’t a cop and I just knew what he wanted."

She tried to get up from off of his bed, but "he grabbed the back of my hair and he was on the side of me and he grabbed my throat and threw me back on the bed."

Berkley held her down on his bed until she told him that she was a virgin, then he gave up trying to rape her. Rape and sexual assault are separate crimes in Texas.

Monday, May 5, 2008

Rape of ex-girlfriend planned, according to Canadian judge

The brutal rape of a Canmore woman by her ex-boyfriend -- a fugitive on the lam from the U.S. -- wasn't a spontaneous assault, a judge ruled yesterday.

Justice Beth Hughes rejected John Julius Marr's claim he had gone to the woman's home on March 27, 2004, to discuss money she owed him and to retrieve his property.

Instead, the Calgary Court of Queen's Bench judge said, Marr's intent all along was to attack the woman "to teach her a lesson."

"I do not accept his evidence because it runs contrary to the very nature of the acts he admitted to," Hughes said.

She noted Marr, in pleading guilty to aggravated sexual assault, admitted tying up his victim with tape from her home, raping her over a lengthy period and keeping his identity secret throughout.

"These are not the actions of a person who 'panicked,'" said Hughes. "He made the decision to break into her home (and) wait in the darkness so he could teach her a lesson."

Defence lawyer Dale Fedorchuk had argued Marr's rape of the woman following a break-up with her was a spontaneous act done after he decided to break into her home to wait for her.

Marr said he illegally entered the residence because he thought if he waited outside she wouldn't listen to his claims she owed him money for home renovations and still had his property.
He testified after he broke in, he realized he had done wrong and when she arrived home he panicked.


After raping and tying his victim up, Marr took the woman's car and drove to Banff and then Vancouver, before fleeing to his native U.S.

Hughes agreed with Crown prosecutor John Szekeres, who suggested Marr couldn't have gone to the woman's home to retrieve his property since he had no way of transporting it.

A date for sentencing submissions will be set once a pre-sentence report and psychological risk assessment is complete June 20.

Marr remains in custody pending his sentencing.

Tuesday, April 29, 2008

Accused hotel manager killer pleads guilty to rape of clerk in same hotel 8 days earlier

Dwight T. Hayes, 21, accused in the slaying of Cynthia White, a hotel manager in Columbia, MO on November 24, pled guilty to the sexual assault of a hotel clerk in the same hotel a week earlier. Hayes waited in the lobby of the Fairfield Inn under the ruse of waiting for a friend. Just after midnight on November 16, he decided to stick up the establishment.

The victim gave him money from the register, and the man told her to go into the back room. He demanded she remove her clothing , and then he raped and sodomized her.

Afterward, the man stole her car keys and left the hotel in the victim’s car.

Police originally arrested Hayes on Nov. 25 based on a surveillance photo recorded during an attempted robbery on Nov. 13 at the Hampton Inn on Clark Lane. Police released the picture to the media in hopes of making an arrest.

Police received a call about the man in the picture and arrested Hayes at the home of a relative, 1812 McKee St., in connection with the attempted robbery. During a search following the arrest, a handgun and ammunition thought to be used in White’s slaying were found at his residence. Police said Hayes also made incriminating statements about the murder and voluntarily admitted to committing the robbery and rape during interviews with investigators.

Prosecutors will ask for the maximum sentence, which will be over 100 years, when Hayes is sentenced on June 23. With Missouri's truth in sentencing laws, Hayes will serve over 85 years before parole. Knight said that the plea will cut down on potential avenues of appeal.

"This was severe, egregious criminal conduct, it was over the top,” Knight said. He just flat-out deserves the maximum sentences. What happens at sentencing will be critical here. With a plea of guilty, his rights to appeal are substantially narrowed,” Knight said. “It’s the best possible outcome.”

Knight asked for, and recieved a continuance in Hayes' murder case so he could subpoena witnesses.

“I had a lot of witnesses subpoenaed for this trial, and a murder case takes even more witnesses,” Knight said.

Boone County Judge Gene Hamilton granted a continuance in Hayes' murder trial until after May 5, when Hayes will be given a trial date.

Sunday, April 27, 2008

Chiropractor guilty of groping patients in Montana

Jack Faubion, a 32 year old Gillette, MT chiropractor, was found guilty of 4 out of 5 3rd degree sexual assault charges after a bench trial conducted by Judge John C. Brackley of Sheridan. The verdicts were read shortly after 3PM Thursday in the Campbell County Courthouse. 3rd degree sexual assault is a felony punishable by a maximum of 15 years in a Montana prison.

Across the aisle, the four victims whose allegations were affirmed by the court sat just as silently at the end of what started as an emotional day of testimony for the prosecution’s last witness.A 43-year-old woman accuser cried as she told the courtroom how Faubion groped her breasts during a January 2005 visit to his office for back pain. Asked by Assistant County Attorney Bill Edelman if the Faubion’s touching felt sexual, the woman said yes.

“I thought so at first but after he explained it I thought I was being overly sensitive,” she said, occasionally dabbing her eyes with a tissue from a box next to her on the stand. “It just felt dirty. It didn’t feel medical to me.”

Brackley, who heard the trial after the defense waived its right to a jury, said such emotional testimony and detailed stories of breasts being cupped and massaged helped convince him that four of the women had legitimate claims of assault. A fifth woman, who testified by phone from her out-of-state college, failed to convince Brackley “beyond a reasonable doubt.”

“The law makes no distinction on the weight that the court may give to direct or circumstantial evidence,” he said after reading the verdict. “Not having a nurse or attendant in the examining room is suspect in this day and age.”

While defense attorney Nick Carter tried to convince Judge Brackley that the incidents were outside of Faubion's character, an expert witness he hired, Mark Heller, demonstrated that Faubion's massage technique was inappropriate.

The expert, Mark Heller, was brought in by Carter to try and prove that Faubion’s method of putting his hand under women’s shirts and bras to make chiropractic adjustments was accepted in the profession. Heller demonstrated his techniques on the chest of a hanging skeleton and over the clothes of a female attorney working with Carter.

But even after Carter got his expert to say that an underwire bra would get in the way of chiropractic treatment, Edelman pounced on cross-examination and seemed to land fatal blows to the defense’s attempt to layer doubt on the witness’ accounts.Asked whether the victims’ descriptions of having their breasts cupped, massaged or groped was appropriate for chiropractors, Heller said unequivocally no:“The way you’re saying it, no. Obviously nobody would do that,” Heller responded. “We’re not adjusting the breast itself.”

The Board of Chiropractic Examiners licenses nine other chiropractors in Gillette in addition to Faubion, even with the charges, the conviction. Carter said that Faubion has only seen male patients since December 2006.

The three-member board governs the state’s 203 licensed chiropractors. Its rules allow it to “suspend, revoke or deny licenses and take other disciplinary action” for violations including felony convictions; harassing, intimidating or abusing clients or patients; or engaging in sexual contact with a client or patient. “We’ve never had anything that I can really refer to in this regard,” Bridges said. Bridges said she could not reveal whether a formal complaint had been made to the board, pointing out such proceedings are not public record until they’ve been decided.

The Board's next meeting in May 17. Faubion's sentencing date is unknown.

Saturday, April 19, 2008

Serial rapist pleads guilty,confesses to more repes.

Clifford Jones, a Cleveland-area rapist, confessed to five unsloved rapes from the 1980s as well as the rapes of young women in the mid 2000s. The unsolved rapes occured before the imprisonment for raping a relative.

Cuyahoga County Prosecutor Bill Mason said, "This monster terrorized Cleveland Heights. Today's plea brings justice to four victims and closes an ugly chapter in the lives of five others."According to the prosecutor's office Jones, 49, of Cleveland, was convicted of raping a young relative in 1985. He was imprisoned for 15 years. After getting out of prison in 2000, Jones raped and sexually assaulted four young women.

On September 16, 2004, Jones attempted to rape a 22-year-old female on Edgehill Drive in Cleveland Heights, after she had parked her car.

He raped a second 22 year old woman, this time a Case Western Reserve student into the woods on October 8, 2004. Jones will be sentenced May 7.

Friday, April 18, 2008

Guard-inmate sex leads to official misconduct charges

(Originally Posted 12-1-07)

An ex-guard at the Milwaukee County Jail has been charged with misconduct in office after having a sexual relationship with an inmate awiating trial for murder charges.

According to the Milwaukee Journal-Sentinal (my hometown paper;)

Cindy A. Bartoshevich, 31, faces up to 3 1/2 years in prison. She is accused of having an affair with Michael Carroll, the aftermath of which saw Bartoshevich resign after Sheriff David A. Clarke Jr. moved to fire her. According to the criminal complaint, Bartoshevich used her maiden name of Chojnacki to post bail for Carroll at one point and, at other times, used the alias "Penny Berlin" to send him money while in jail.

Other actions taken to further the relationship include buying Carroll $1100 worth of phone minutes. Bartoshevich was released on a $10000 recognisance bond, and ordered not to have any contact with Carroll, who is also a Latin Kings gang member.

Reference:

Ex-guard charged with misconduct

(Update 4-17-08)

Bartoshevich was sentenced to probation after a lengthy explanation (with some justification thrown in perhaps?) by Milwaukee County Judge Micheal Moroney.

"When Michael Carroll approached me for the first time, I was in a bad situation. I was in a marriage that was falling apart for years and I was finally at my wits end as far as that was concerned," she said.

Bartovshevich also explained that she was diagnosed with cancer recently.

"When the doctor told me the lump on my head was cancer, I cried for two days and thought, yeah, my life can't get worse," Bartoshevich said.

Thursday, April 17, 2008

Supervisor convicted of coercing women into sex

A supervisor over inmates in a California work release program was convicted Tuesday of coercing six of his workers into sex.

Frank Martin Bojorquez Jr., 55, of Orange faces up to 33 years in prison for the six felonies and five misdemeanors at his sentencing May 30 at 9 a.m., according to the District Attorney's office.
Between Oct. 1, 2004, and Dec. 10, 2005, Bojorquez used his position supervising inmates in the Community Work Program to coerce six of the women into having sex with him.


He used positions in secluded areas of the animal pound to get his victims alone, and the power he had over them came as a result of his ability to send them back to prison for poor job performance.

The six women who came forward with their stories of victimization did so independantly. He will be sentenced May 30.

Tuesday, April 15, 2008

Philly man with previous convictions pleads guilty to rape

A 44 year old Philadelphia man with a previous conviction for robbery and previous rape arrests where the victim did not press charges pled guilty to attempted rape and armed robbery. He faces a mandatory minimum of 10 to 20 years when he is sentenced July 14 by Judge Earl W. Trent Jr.

About 10 a.m. Feb. 20, 2007, Wooden entered the dry cleaners with his hand in his coat pocket, as if he had a gun, Assistant District Attorney Bill Davis said in court yesterday.

Wooden swiped $40 from the cash register, then pushed the woman owner to the back of the store, forced her on the floor and attempted to rape her, Davis said.

Wooden was arrested June 14 in a building on Woodland Avenue near 70th Street in Southwest Philadelphia.

In court yesterday, Wooden, wearing a buttoned-down shirt and glasses, cried after pleading guilty.

Wooden faces a maximum of 20 to 40 years. Attempted rape and robbery are 1st degree felonies in Pennsylvania.

Friday, April 4, 2008

St. Louis area man sentenced to 15 years for sexual attacks following photo shoots

Lester “Jay” Krupp will be sentenced to 15 years in prison for a plea agreement reached with prosecutors following the conviction for 4 counts of deviant sexual assault and a single count of felonious restraint. A St. Louis County Circuit Court jury found him guilty of these charges, which stemmed from a May 10, 2006 incident when he enticed a then 20 year old woman into a secluded valley for the promise of a photo shoot. Instead, he attacked and made her perform sex acts.

A second woman's photo shoot gone wrong lead to a misdemeanor conviction of sexual misconduct. This occurred on April 11, 2006.

Under an agreement reached between the prosecution and Krupp's attorneys after the verdicts, Krupp will be sentenced to 15 years in prison. Krupp also agreed to plead guilty to two additional charges, felonious restraint and domestic assault, involving a third woman in 2006.

The episode involving the most charges began when Krupp showed up outside the tanning salon where the woman worked. Although she declined his offer of a photo shoot, she drove off with him. The woman testified she had dated Krupp once about a year earlier. “There's been no motive for her to lie,” prosecutor Joe Dueker said. “(The woman) was just trying to stay alive that day.”Krupp did not testify.

Krupp's attorney, Travis Noble, said the woman's story had too many inconsistencies to be believable. “This girl's story changed all the time,” Noble said to the jury in his closing statement “ ... This girl's word -– that's all it is because there's no physical evidence.”Noble said text message records showed the girl could not have been with Krupp during the time she claimed to have been assaulted.

Noble stated his client was stupid, but not criminal to show interest in photo shoots of stupid young women and posting them on the internet.

Tuesday, March 25, 2008

Bar rapist pleads no contest just before trial - sentenced to 8 years

Earnest Reno Rainey, 39, pleaded no contest to sexual battery against a physically helpless person in an incident exactly 2 years earlier where he drugged, then raped a woman at a Deland, FL bar.

State Attorney's Office spokeswoman Linda Pruitt said his plea averted a trial for rape (called sexual battery in Florida). Rainey will be sentenced to 8 years in prison and 8 more years of sex offender probation.

The bartender said she saw Rainey sitting next to the victim at the bar at 11 p.m. on March 24, 2006, sheriff's investigators said.

The victim told deputies she ordered a mixed drink that night and does not remember anything else. When she regained consciousness, she discovered Rainey had taken off her pants and was raping her, the report states.

She screamed for help, and Rainey punched her several times and began strangling her. The victim played dead and after Rainey walked away, she picked up her clothes and ran into some nearby woods on East Beresford Avenue, the report states.

The victim passed out again in the woods and did not wake up until the next morning. She could not find her car, which police later found in Sanford.

Rainey was teacked down after DNA evidence was collected, and the bartender picked him out of a lineup. Rainey, after serving his sentence, will be on the Florida sex offender registry for life.

Monday, March 17, 2008

Woman pleads guilty in Megan Williams torture, rape case

Logan County, West Virginia prosecutor Brian Abraham dropped a kidnapping and hostage taking charge from Karen Burton, who was one of 7 people charged with crimes in the Megan Williams rape and torture case. As part of her plea bargain, she will cooperate against the four remaining defendants in the case. Abraham recommended a sentence of 14 to 30 years for all charges – 2 to 10 years for the kidnapping and hostage charges, and 10 years for the hate crime charge.

Abraham believes the plea deal for Burton carries a proper penalty, considering that the three charges combined, which are to be served consecutively, could add up to 30 years in prison.
"If I had let her have a plea deal on just the hate crime charge and she just got 10 years, that is not enough," he said, "And it would look like I was trying to pacify some special interest."


In addition to the hate crime charge, Burton pleaded guilty to assault during the commission of a felony and malicious assault. In the related indictment, prosecutors accused Burton of choking Williams with a cable.

She was charged with a hate crime for stabbing Williams in the ankle while saying, "This is what we do to niggers around here," according to the indictment.

Police discovered Williams at a trailer near Big Creek on Sept. 8, 2007. Logan County prosecutors say Williams was forced to eat animal droppings, was sexually assaulted and stabbed by six white men and women who held her captive for days last summer. Logan County sheriff's deputies, acting on an anonymous tip, found her at a Big Creek trailer on Sept. 8.

Five people were indicted Tuesday, February 5, in the case. Bobby Brewster, Frankie Brewster, Karen Burton and Danny Combs were charged with malicious assault, sexual assault, kidnapping, and holding Williams hostage.

Grand jurors indicted Linnie Burton Jr. on one count of misdemeanor battery. He was not among the original six people arrested in the case.

George Messer and Alisha Burton pleaded guilty Friday to one count of kidnapping and one count of assault during the commission of a felony. Each faces up to 10 years in prison and has agreed to testify against the other defendants.

"We are still trying to determine each individual's involvement in the acts they committed and assign the proper charges and proper punishment based on their conduct," Abraham said of the four remaining defendants.

Abraham said he has not ruled out cutting deals with the remaining defendants.

"In every criminal case, there is usually some negotiation that takes place. That is not to suggest that we have done so on this case," Abraham said. "It is not my practice to try a case just to be trying it. If I have a case that has more certainty to it by a plea and the outcome is just, then it is something we will consider. ... I am not going to cut deals just to expedite the case. We don't do that here in Logan."

Malik Shabazz, who organized rallies in Williams’ support through his group Black Lawyers For Justice, was pleased with the guilty plea.

"All of the key charges against the defendants are sticking. I have to give Mr. Abraham his day here. Justice is becoming a reality," Shabazz said. "I think the message being sent will protect others from being the victims of race hate and violence in the future."

Shabazz said he feels activism by those who rallied for Williams was vindicated through the conviction.

"Now the test is to see if Mrs. Karen Burton's sentence reflects the crime," he said.

Without the hate crime charge, Burton would be facing between 12 and 19 years in prison; with it, she faces much more, he said.

Shabazz said activists still want the maximum charges and longest penalties in the case.
"But it's up to the prosecutor's discretion to know how to come to a plea agreement," he said. "Mr. Abraham should be given the benefit of doubt in the case."


Abraham said that hate crimes are not intended to create special rights, but are intended to enhance sentences which may be otherwise plea bargained down to lesser acts.
"I have an obligation to uphold my oath and enforce the laws of West Virginia and, by extension, to represent the interests of Megan Williams," he said. "I will not base my decisions on any special interest."


Williams also made an appearance on a Montel Williams show featuring hate crimes. She will receive a new computer, six months of tutoring to help her earn her GED, and a 2 year, $40,000 scholarship to ITT Technical Institute.

(Update 3-17-08) From the Charleston(WV) Daily Mail:

Forty-six-year-old Karen Burton and 49-year-old Frankie Brewster were sentenced Thursday for their roles in the kidnapping and assault of Megan Williams. Both pleaded guilty last month.
Brewster and Burton were among seven white Logan County residents who were charged in the Willlams case.


Logan County Circuit Judge Roger Perry sentenced Burton, of Chapmanville, to three consecutive sentences. She received separate 2-10 year sentences for malicious assault and assault during the commission of a felony and 10 years for the civil rights charge.
Brewster received a 10-to-25-year sentence for second-degree sexual assault.


Williams and her parents were in the courtroom Thursday and wept as the sentences were read.
"I just believe he (prosecutor Brian Abraham) shouldn't have plea bargained with any of them,'' her mother Carmen Williams said during a press conference after the sentencing. "She (Megan Williams) wanted them to do life.''


Two other defendants had already pleaded guilty and been sentenced.

Burton's 23-year-old daughter, Alisha, and George Messer, 27, both of Chapmanville, both pleaded guilty in February to kidnapping and assault and received 10-year sentences.

Tuesday, March 11, 2008

Newark, NJ man pleads guilty to rape of limo driver

A Newark man, Richard Caesar, 19 pleaded guilty to the rape of a 27 year old limo driver who managed to briefly escape from her rapist before he caught, then raped her again. Old fashioned detective work and Caesar's "Dutch" tattoo on the inside of his arm helped catch him.

Caesar, 19, pleaded guilty before Superior Court Judge Denise Cobham to three counts of aggravated sex assault. In a deal worked out with public defender Alex Shalom, Dirkin agreed to recommend that Caesar be sentenced to no more than 14 years in prison.

The rape victim was a 27-year-old female driver for Classic Limo who answered a radio call to pick up Caesar on Oriental Street in Newark late in the evening of Jan. 6, 2007, said Dirkin, acting di rector of the prosecutor's sexual assault unit.

Caesar told the driver he was going to Hawthorne Avenue, but his suspicious behavior and the odd directions he gave made her think he was trying to get her to a secluded area for a robbery, Dirkin said.

The driver ignored his directions and stayed on busy streets but made a wrong turn and ended up in a quiet area, the prosecutor said. He said Caesar jumped over the seat and forced her to drive to a secluded spot on Voorhees Street, near the corner of Leslie Street.

After he forced her into oral sex and intercourse, she saw the headlights of a truck in the rear-view mirror and jumped from the car naked and yelling for help, Dirkin said.

Caesar made a motion to the truck driver that he had a gun and the driver kept going, the prosecutor said. The victim jumped back into her limo, he said, and managed to lock three of the doors be fore Caesar slipped through the only unlocked door.

"She almost escaped but couldn't get the door locked fast enough," Dirkin said. "It was like a nightmare."

Caesar forced her to perform oral sex again and then fled as a police officer alerted by the truck driver came down Voorhees Street, Dirkin said.

Because there was no DNA evidence, Newark detectives used fingerprints lifted from the outside of the limo and matcher it with Caesar's prints, stored because he was jailed for an unrelated charge. Caesar will be sentenced June 22, and the maximum he faces is 14 years.

Monday, January 21, 2008

Baytown Stalker, male on male rapist, convicted in Texas

Keith Hill, 20, known as the Baytown Stalker for attacks on other young men around his age, was convicted of aggravated sexual assault on a teenager for a May 2006 attack. Jurors in State District Judge Don Stricklin’s court took only 1.5 hours to convict Hill. Two more victims testified in the punishment phase.

After the guilty verdict, Hill's mother, Sherry, a teacher, and his father, Phillip, a petrochemical worker, huddled with other family members, hugging and choking back tears. They have declined comment since Hill's arrest Feb. 7 at their two-story brick home in Baytown's upscale Tanglewilde subdivision.

Hill was the first serial rapist of males profiled on America’s Most Wanted, and targeted white males around his age with a slender build, medium size, and who lived at home with their families in Baytown area back in 2006. He averaged a sexual attack every 1 to 2 months.

Hill was tried for sexual assault of only one of the five alleged victims, but two others testified in the punishment phase. Hill could get anywhere from probation to life.

The incident where the victim Hill was convicted of raping is shown below.

Jurors in the State District Judge Don Strickland's court are only hearing testimony in the case involving a Robert E. Lee High school graduate, who was 17 when accosted in his driveway on May 18, 2006, in Chaparral Village.

The Baytown teen, now 19 and who is not being named due to the nature of the incident, told jurors his attacker kidnapped, sexually assaulted and pistol-whipped him. He also thought his attacker was going to kill him.

Hill stated that he made the decision to "capture him" by using a "silver pistol" and some "zip ties" for handcuffs. He also opted to use his own car in the abduction instead of the teen's car after "talking to God," he stated.

After forcing the teen to perform oral sex, Hill stated he struck the teen in the head with his fists a few times.

"I was mad at him for doing what I told him to do," Hill said in the statement.
A Harris County DNA analyst testified that the teen's shirt had semen stains that were linked to Hill.


The teen told jurors he was accosted when he went to his car parked in the driveway. He said the attacker grabbed him, pulled a semiautomatic pistol from his sweatshirt pocket and said, "Let's take a walk."


The attacker marched him to his neighbor's driveway, demanded his wallet and refused to believe he did not have the wallet with him, the teen said. The attacker then secured his wrists, placed duct tape over his eyes, and forced him into the backseat of an SUV.


After driving around some more, the attacker stopped and got in the backseat.
"You're going to have to pay for not having any money," the teen quoted his kidnapper as saying. The attacker then grabbed the teen's hair, put a gun to his head and demanded oral sex.
He said afterward, he thought his attacker struck the back of his head with the butt of the gun.
After another short drive, the teen said his attacker cut the restraints and told the teen to "get out fast."

After the attack ended, the trial victim wound up less than half a mile away from his home, where he called police.

A 20 year old victim who was attacked November 30, 2006 heard a noise downstairs, and when he returned to his bedroom, Hill, with his T-shirt pulled over his head, attacked.

Then, he said, his attacker led him out of the house where his mother and brothers were asleep in other rooms. The victim, barefoot and wearing only boxer shorts, was taken to an isolated wooded area.

The attacker, then holding a knife that slightly cut into the victim's throat, made him lie on the ground.

"That's when I knew his intention was to rape me," he said. They struggled after the victim refused to perform oral sex.


"He picks me up and slams my head into a tree, three or four times," he testified, adding that he was then forced to walk farther into the woods. The victim said his attacker warned him that he might perform other sex acts if he didn't cooperate.

But again they struggled, and the victim broke free and ran home. Photos were introduced that show bloody scrapes and scratches all over his body. A week later, while driving out of his subdivision, the victim spotted Hill in another car, he testified.

"He's wearing sunglasses and pulling his (hood) up, acting suspicious," the victim said. He pursued the car as it sped away and called the police.

Hill's car was found later that day in the police parking lot where he had gone to pay a parking ticket.

A 3rd victim was attacked July 7, 2006 by Hill. The Baytown Stalker pointed a gun at him, tied him up, then searched the house for money. When this victim tried to escape, the attacker threw him up against the door and demanded oral sex. "You're going to do something for me now."

Again the two fought, and this time the victim said his attacker taped his nose and mouth shut with duct tape. The victim, unable to breathe, passed out, he said. He then awoke to find his attacker kicking him in the head, poking him with a knife and telling him to "get up." He said the attacker then fled.

(Update 1-21-08) Hill was sentenced to 99 years in prison, with 35 years to serve before parole, for the Baytown rapes.

Keith Hill, found guilty of the assault Tuesday, confessed in a written statement to police to being the Baytown stalker who attacked five young men in 2006. As part of his sentence, he must also pay a $10,000 fine.

Hill, 20, stood solemnly as the jury's sentence was read by State District Judge Don Stricklin. Because Hill had no prior criminal record, jurors could have sentenced him to as little as probation for his assault on one of the five victims.

Prosecutors now plan to visit with the other victims before deciding whether to proceed on the remaining kidnapping, robbery and sexual assault charges.

After Hill was sentenced Thursday, the father of one of the five victims agreed to speak for all the victims' families.

"My heart goes out to the parents of Keith Hill. I hold them totally blameless for what happened," he began, his voice cracking. "The jury had a job to do, and they did it. The streets will be safer now."

According to Hill's statement to investigators, he stalked his victims as they left jobs or stores. Investigators also found evidence on Hill's computer that he had looked at his victims' MySpace pages and gotten maps and telephone numbers to their homes.

Testimony showed Hill ambushed two victims from their driveways, abducted two more by knocking on their front doors and pointing a gun at them, and kidnapping the final one by picking the lock to his house and hiding under his bed.

Victims told in their testimony of being blindfolded, handcuffed, robbed and sometimes beaten while demands were made for sexual favors.