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.
Showing posts with label guilty by bench trial. Show all posts
Showing posts with label guilty by bench trial. Show all posts
Friday, April 22, 2011
Tuesday, March 29, 2011
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.
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.
Saturday, June 26, 2010
Swedish doctor jailed for 10 months, ordered to pay $3500 in restitution for infecting sex partners
The Local (Sweden)
A male senior physician has been jailed by Stockholm District Court after he had unprotected sex with two men despite knowing that he was HIV positive. The court sentenced the physician to ten months imprisonment for reckless endangerment and was also ordered to pay 26,900 kronor ($3,512) in compensation to one of the men.
One of the two men has been diagnosed with HIV, but the court argued that it can not be ruled out that he was infected by someone else. The second man is not HIV positive. Lawyer Elisabeth Massi Fritz, representing the two men, told news agency TT that the ruling will be appealed.
"The prosecutor and I agreed that we would appeal if any of the charges were to be dismissed."
The man was facing a further charge of aggravated assault, with an alternative charge relating to causing the HIV infection. These charges were dismissed by the court as it could not be concluded that the doctor was responsible for the infection.
Elisabeth Massi Fritz says she is not surprised at the verdict but expressed disappointment that one of the charges was dismissed. "There can be no other person that has infected my client. But we have to obtain a supplementary investigation to prove this," said Massi Fritz.
The district court concluded in its ruling that the doctor's actions had threatened the lives of the men and that his offence should be considered especially serious, given that in his professional capacity he should be aware of the Swedish Institute for Infectious Disease Control (SMI) rules of conduct.
A male senior physician has been jailed by Stockholm District Court after he had unprotected sex with two men despite knowing that he was HIV positive. The court sentenced the physician to ten months imprisonment for reckless endangerment and was also ordered to pay 26,900 kronor ($3,512) in compensation to one of the men.
One of the two men has been diagnosed with HIV, but the court argued that it can not be ruled out that he was infected by someone else. The second man is not HIV positive. Lawyer Elisabeth Massi Fritz, representing the two men, told news agency TT that the ruling will be appealed.
"The prosecutor and I agreed that we would appeal if any of the charges were to be dismissed."
The man was facing a further charge of aggravated assault, with an alternative charge relating to causing the HIV infection. These charges were dismissed by the court as it could not be concluded that the doctor was responsible for the infection.
Elisabeth Massi Fritz says she is not surprised at the verdict but expressed disappointment that one of the charges was dismissed. "There can be no other person that has infected my client. But we have to obtain a supplementary investigation to prove this," said Massi Fritz.
The district court concluded in its ruling that the doctor's actions had threatened the lives of the men and that his offence should be considered especially serious, given that in his professional capacity he should be aware of the Swedish Institute for Infectious Disease Control (SMI) rules of conduct.
Friday, June 25, 2010
Ex-"boyfriend" sentenced to 15 years for attemped murder of woman outside mall
A man who stabbed his ex-"girlfriend" 5 times outside the Main Place Mall in downtown Buffalo, NY last year was sentenced to 15 years imprisonment by Erie County Judge Thomas P. Franczyk Tuesday, June 22. Jeffery Pearson, 51, stabbed "girlfriend" 48 year old Jean Cox on February 25, 2009 after an argument, presumably over her new boyfriend. According to Homicide Prosecutor Thomas M. Finnerty, only the actions of two bystanders prevented the attack from becoming a murder case.
He was found guilty by the judge after a two-day trial in April. Besides attempted murder, he was convicted of aggravated criminal contempt for violating a court order of protection that the victim had obtained against him before the attack and aggravated harassment for threatening telephone calls he kept making to her.
Pearson claimed that he "snapped," with Cox accidentally falling on his knife 5 times. The judge saw through that lie - people don't accidently fall on knives carried by others even once.
His lawyer, Louis P. Violanti, argued that the attack represented only “two minutes of [Pearson’s] life.” He also told the judge that his client, a reformed drug addict, is “an emotional man who suffers from depression and anxiety.”
Though Pearson apologized to Cox, who was in court for the sentencing, Pearson still tried to minimize responsibility, stating that the knife was intended for a suicide in front of the victim, not her attempted murder.
He was found guilty by the judge after a two-day trial in April. Besides attempted murder, he was convicted of aggravated criminal contempt for violating a court order of protection that the victim had obtained against him before the attack and aggravated harassment for threatening telephone calls he kept making to her.
Pearson claimed that he "snapped," with Cox accidentally falling on his knife 5 times. The judge saw through that lie - people don't accidently fall on knives carried by others even once.
His lawyer, Louis P. Violanti, argued that the attack represented only “two minutes of [Pearson’s] life.” He also told the judge that his client, a reformed drug addict, is “an emotional man who suffers from depression and anxiety.”
Though Pearson apologized to Cox, who was in court for the sentencing, Pearson still tried to minimize responsibility, stating that the knife was intended for a suicide in front of the victim, not her attempted murder.
Tuesday, April 27, 2010
Rapist gets 50 years for vicious attack in Illinois park
A Madison County, IL judge gave a convicted rapist a harsher sentence than even prosecutors asked for yesterday, April 26, after the victim testified about her injuries caused by the attack. Associate Judge Kyle Napp sentenced 31 year old Keith Recklein, of Granite City, IL, to 50 years in prison. The sentence breakdown is as follows - 2 25 year terms to be served consecutively for two Class X felonies of aggravated criminal sexual assault and 5 years to be served concurrently to the sexual assault charges for aggravated battery.
In the trial, prosecutors presented evidence that Recklein telephoned the woman, a stranger, after midnight on May 1, 2008, and lured her to Horseshoe Lake State Park near Granite City with a claim that a friend of hers was there and needed help. The call was made on her friend's cell phone. Park workers found the woman, then 20, of Lebanon, unconscious with critical head injuries, the next morning.
The woman said she remembered meeting a man at the park but said she lost consciousness when he put her in a head lock, and did not remember the beating or sexual assault. She awoke later in a hospital, suffering from a facial fracture, fractured ribs and a brain injury. She said she feared for a time that she was pregnant with her attacker's child.
Police had no suspect in the case for several months, but then reinterviewed people who had been at a bar in Caseyville with the victim's friend when he passed out and was taken home. The man later noticed that his cell phone was missing. Recklein was one of the people at the bar, and an expert witness said DNA found on the victim's panties was likely from Recklein.
Judge Napp presided over Reichert's bench trial last October, finding him guilty. The testimony which influenced her the most was a park worker's testimony that he thought the woman was a pile of garbage dumped in the park before moving closer. Judge Napp said that Reichert treated his victim like a piece of garbage and that he was a danger to society.
Reichert's attorney Charles Stegmeyer said his client had a wife and children which needed him. For trying to kill someone else's grown daughter for his sexual pleasure, Reichert lost the right to be a father to his children.
In the trial, prosecutors presented evidence that Recklein telephoned the woman, a stranger, after midnight on May 1, 2008, and lured her to Horseshoe Lake State Park near Granite City with a claim that a friend of hers was there and needed help. The call was made on her friend's cell phone. Park workers found the woman, then 20, of Lebanon, unconscious with critical head injuries, the next morning.
The woman said she remembered meeting a man at the park but said she lost consciousness when he put her in a head lock, and did not remember the beating or sexual assault. She awoke later in a hospital, suffering from a facial fracture, fractured ribs and a brain injury. She said she feared for a time that she was pregnant with her attacker's child.
Police had no suspect in the case for several months, but then reinterviewed people who had been at a bar in Caseyville with the victim's friend when he passed out and was taken home. The man later noticed that his cell phone was missing. Recklein was one of the people at the bar, and an expert witness said DNA found on the victim's panties was likely from Recklein.
Judge Napp presided over Reichert's bench trial last October, finding him guilty. The testimony which influenced her the most was a park worker's testimony that he thought the woman was a pile of garbage dumped in the park before moving closer. Judge Napp said that Reichert treated his victim like a piece of garbage and that he was a danger to society.
Reichert's attorney Charles Stegmeyer said his client had a wife and children which needed him. For trying to kill someone else's grown daughter for his sexual pleasure, Reichert lost the right to be a father to his children.
Sunday, April 11, 2010
British man gets 25 to life sentence for running over wife for insurance policy
A cheating husband killed his wife 'in cold blood' after secretly taking out a £250,000 insurance policy on her life. Christopher Daffin, 43, ran down his wife Colette as she walked to work in the early morning.
He claimed he killed her in the heat of the moment, but Daffin is beginning a 25-year jail sentence for her murder. The electrician, who had been spotted 'lurking' in bushes nearby wearing dark clothing and sunglasses, had tried to make the tragedy look like a hit and run accident.
Minutes after the killing on July 8, he feigned surprise when one of his wife's colleagues rang to say she had not arrived at work at 6am. But detectives began to suspect him when he showed a lack of concern on learning his wife of 15 years had been killed in a road accident.
Police later discovered Daffin had allegedly been involved in an 'on-off' affair for at least two years, with a woman he met while working at her home. It also emerged he had forged his 43-year-old wife's signature on a £250,000 life insurance policy a year before her death. He then bought the 4x4 car used in the killing under a false name, never registering, taxing or insuring it.
Nottingham Crown Court was told Daffin claimed he had killed his wife in the heat of the moment after a blazing row. But prosecutors said it was a premeditated killing. Judge Jonathan Teare agreed, telling Daffin the murder was planned and carried out in 'cold, and not hot blood'. The judge was told how the electrician had 'lain in wait' for Mrs Daffin as she walked to work as a breakfast waitress at the Ringwood Hall Hotel near Chesterfield.
Nirmal Shant QC, prosecuting, told the court he used a Vauxhall Frontera bought in secret using a false name nine months earlier. Mrs Shant said a motorist travelling 80 yards behind Daffin watched as he swerved on to the pavement and hit Mrs Daffin before driving back on to the road without braking. Mrs Daffin was struck at about 30mph and dragged a short distance before being thrown clear of the car. She died of head injuries.
Her husband then drove to a derelict pub and abandoned the 4x4 vehicle before walking to the van he used for work and driving home. Before police arrived at the family home in Chesterfield, Daffin changed out of the clothes he had been spotted in earlier. But they were later found in a bag in his van, along with the registration document for the Frontera.
Mrs Shant said a year before murdering his wife, Daffin had taken out a life insurance policy in her name, forging her signature on the application form.
Judge Teare told him that although killing her may not have been his motive for taking out the policy, it was 'certainly in his mind'. He added: 'It was taken out at a time when you were having an active affair with another woman. 'I am satisfied it was in your mind that £250,000 would be coming your way if your wife died and no blame was attached to you.'
The court heard that Mrs Daffin confided in a friend two months before she died that she suspected her husband of having an affair. He had also threatened to kill her by running her over 'when there was no one there', the friend, Marie Shepherd, told the court.
Miss Shepherd said she tried to reassure Mrs Daffin that her husband must have been 'messing about' and asked her how he would get away with it 'with all the forensics'. But Mrs Daffin replied: 'Apparently he's got another car.'
Daffin was jailed for life and told he must serve at least 25 years before being eligible for release. Mrs Daffin's father, John Oliver, said: 'I'm satisfied with the sentence, but there are no winners in this case. I'd have been in favour of capital punishment - I don't see why the taxpayer should keep him for 25 years.' Daffin was sentenced April 8.
Saturday, March 13, 2010
Pottstown (PA) teacher convicted of corruption of minors for sexual relationship with student
Harvey met the student while she was dating an adult friend of his in July 2008, according to court papers. When the student's friend broke up with Harvey, Harvey allegedly initiated conversation with the student via text message.
In February, Harvey invited the student to her residence where they had sex, with Harvey providing the student transportation to and from her residence, court papers indicate.
According to police, the relationship lasted for five months, until July 14 2009, when police found them in a car with the windows fogged up outside a Pottstown business. Harvey initially told police she thought the boy was 18, and when they figured out that he was a Pottstown High student, she said she didn't know that and that "it's a big school."
The Pottstown School District also investigated Harvey for text messages between her and the victim which took place during March and April 2009. The student, who babysat Harvey's two children, claimed the texting was about his babysitting job, but officials believed the messages, which were deleted before they could review them, were sexual in nature.
After Harvey insisted at her bench trial that the boy was 18 when she met, Assistant District Attorney Matthew Quigg challenged her. "They knew each other about a year. She knew he was a student there. She looked up his academic records which would have showed his age," he said.
Quigg said about the relationship, "She was in a position of authority and trust. She abused that position for her own sexual gratification. The fact you're dealing with a relationship between a student and teacher is what makes this so egregious."
Harvey will be sentenced by Judge Smyth later this year, after a Megan's Law evaluation and pre-sentencing report is completed. She faces 5 to 10 years imprisonment for her crime.
Tuesday, December 29, 2009
15 year old Muskegon boy sentenced to 20-57 years for rape of 19 year old woman
15 year old Teddius Patterson, of Muskegon, MI, was sentenced to a term of 20 to 57 years today for the burglary and rape of a 19 year old woman last summer. Patterson, who had an extensive juvenile criminal record, was 14 at the time of the rape and burglary. He was found guilty by a judge in a bench trial earlier this month.
Patterson's sentence breaks down as follows - 18 to 55 years for 1st degree criminal sexual conduct; 8 to 20 years for 1st degree home invasion; 2 to 5 years for firearm theft, and a year each for two firearm posession counts. All sentences except the firearm posession counts will be served concurrently.
The attack happened the night of June 22 in the Margaret Street apartment of a 19-year-old woman. Patterson was 14 at the time, out on bond facing juvenile charges for an earlier break-in of an elderly woman’s home while she slept. He already had a record of juvenile convictions for arson and possession of cocaine with intent to deliver.
In testimony at Patterson’s trial and at an earlier probable-cause hearing, the victim told of being sexually groped by a young stranger she confronted in her apartment — then trying to shoot him dead with her husband’s loaded handgun, only to have the invader wrest the gun away and point it at her, repeating the sexual assault with his hand.
Patterson’s 48-year-old mother, who has spent much of her son’s life in prison for drug offenses and felonious assault and was most recently released in March 2008, wrote a letter to the judge pleading for mercy for Teddius and taking the blame on herself for his bad conduct. The boy was raised by his grandparents.
Senior Assistant Muskegon County Prosecutor D.J. Hilson asked for a long sentence for Patterson, citing the lack of remorse and that Patterson believed his confession was a lie. The attack, according to Hilson, was “an extremely traumatic event (for the victim). ... Every sound that happens in her home (now) causes her concern. Not only was the security of her home violated, but her own personal body was violated. It is only by the grace of God that she is not dead today."
14th Circuit Judge William C. Marietti said about the attack, “(This) is probably every woman’s nightmare...It leaves a very, very bad taste in this community’s mouth, a very bad taste in my mouth. This is devastating to this community, and particularly devastating to the victim." Because of previous felony convictions, "at some point I have to shift my focus from rehabilitating you ... to protecting the community."
Patterson's sentence breaks down as follows - 18 to 55 years for 1st degree criminal sexual conduct; 8 to 20 years for 1st degree home invasion; 2 to 5 years for firearm theft, and a year each for two firearm posession counts. All sentences except the firearm posession counts will be served concurrently.
The attack happened the night of June 22 in the Margaret Street apartment of a 19-year-old woman. Patterson was 14 at the time, out on bond facing juvenile charges for an earlier break-in of an elderly woman’s home while she slept. He already had a record of juvenile convictions for arson and possession of cocaine with intent to deliver.
In testimony at Patterson’s trial and at an earlier probable-cause hearing, the victim told of being sexually groped by a young stranger she confronted in her apartment — then trying to shoot him dead with her husband’s loaded handgun, only to have the invader wrest the gun away and point it at her, repeating the sexual assault with his hand.
Patterson’s 48-year-old mother, who has spent much of her son’s life in prison for drug offenses and felonious assault and was most recently released in March 2008, wrote a letter to the judge pleading for mercy for Teddius and taking the blame on herself for his bad conduct. The boy was raised by his grandparents.
Senior Assistant Muskegon County Prosecutor D.J. Hilson asked for a long sentence for Patterson, citing the lack of remorse and that Patterson believed his confession was a lie. The attack, according to Hilson, was “an extremely traumatic event (for the victim). ... Every sound that happens in her home (now) causes her concern. Not only was the security of her home violated, but her own personal body was violated. It is only by the grace of God that she is not dead today."
14th Circuit Judge William C. Marietti said about the attack, “(This) is probably every woman’s nightmare...It leaves a very, very bad taste in this community’s mouth, a very bad taste in my mouth. This is devastating to this community, and particularly devastating to the victim." Because of previous felony convictions, "at some point I have to shift my focus from rehabilitating you ... to protecting the community."
Sunday, September 13, 2009
Man convicted of HIV positive rape - sentencing date scheduled for September 25
(Original Post 2-24-09)
A Nigerian immigrant to Canada was convicted of aggravated sexual assault for raping his ex-"girlfriend," causing her to be infected with HIV. William-Imona Russel, 35, was also convicted of beating and endangering the 58 year old victim's life. Ontario Superior Court Justice John McMahon stated that "there's no absolute proof" that Imona-Russel infected the victim.
The judge found him guilty of assault causing bodily harm, assault with a weapon, threatening death, attempted aggravated sexual assault to endanger life and two counts of sexual assault.
"I do not find Mr. Imona-Russel to be a forthright witness," McMahon said, noting his testimony was not only contradicted by other witnesses but was internally inconsistent.
The judge found that long after Imona-Russel and his former girlfriend ceased to have consensual sex, he visited her apartment on March 3, 2005, pushed, slapped and kicked her, stood on her chest, threw her on her bed, and threatened to kill her with a power drill before having forced intercourse.
On March 13, he returned, pushing open the bathroom door she was cowering behind, grabbed her throat and raped her again. A few days later, the woman complained to police, who had a pair of her underwear tested for Imona-Russel's semen. The test was positive.
Police also urged the woman to get tested for HIV. She was infected.
Imona-Russel stated that he came to Canada claiming refugee status April 2003, then met the victim in an apartment building near the airport. They started having sex until an immigration doctor told him he was HIV positive, and they never had sex again. However, the judge stated that he tested positive for HIV a month before he stopped having sex with his victim.
The victim suffers from PTSD and substance abuse. Imona-Russel is facing charges that in 2006, he stabbed another woman to death.
(Update 9-13-09) Imona-Russel's sentence, according to Crown prosecutor Julia Forward, should be 8 to 10 years for his "violent and callous" crime against his victim. "She's infected because of his selfish indifference and that is something she'll have to deal with for the rest of her life," Foward opined in her argument before Justice John McMahon in Imona-Russel's sentencing hearing.
Lawyer Ferhan Javed, appointed by Justice McMahon to represent Imona-Russell after he fired other attorneys, argued for a 4 to 6 year sentence. Even though the sentencing hearing was Friday, September 11, his actual sentence will be meted out two weeks later, on September 25.
A Nigerian immigrant to Canada was convicted of aggravated sexual assault for raping his ex-"girlfriend," causing her to be infected with HIV. William-Imona Russel, 35, was also convicted of beating and endangering the 58 year old victim's life. Ontario Superior Court Justice John McMahon stated that "there's no absolute proof" that Imona-Russel infected the victim.
The judge found him guilty of assault causing bodily harm, assault with a weapon, threatening death, attempted aggravated sexual assault to endanger life and two counts of sexual assault.
"I do not find Mr. Imona-Russel to be a forthright witness," McMahon said, noting his testimony was not only contradicted by other witnesses but was internally inconsistent.
The judge found that long after Imona-Russel and his former girlfriend ceased to have consensual sex, he visited her apartment on March 3, 2005, pushed, slapped and kicked her, stood on her chest, threw her on her bed, and threatened to kill her with a power drill before having forced intercourse.
On March 13, he returned, pushing open the bathroom door she was cowering behind, grabbed her throat and raped her again. A few days later, the woman complained to police, who had a pair of her underwear tested for Imona-Russel's semen. The test was positive.
Police also urged the woman to get tested for HIV. She was infected.
Imona-Russel stated that he came to Canada claiming refugee status April 2003, then met the victim in an apartment building near the airport. They started having sex until an immigration doctor told him he was HIV positive, and they never had sex again. However, the judge stated that he tested positive for HIV a month before he stopped having sex with his victim.
The victim suffers from PTSD and substance abuse. Imona-Russel is facing charges that in 2006, he stabbed another woman to death.
(Update 9-13-09) Imona-Russel's sentence, according to Crown prosecutor Julia Forward, should be 8 to 10 years for his "violent and callous" crime against his victim. "She's infected because of his selfish indifference and that is something she'll have to deal with for the rest of her life," Foward opined in her argument before Justice John McMahon in Imona-Russel's sentencing hearing.
Lawyer Ferhan Javed, appointed by Justice McMahon to represent Imona-Russell after he fired other attorneys, argued for a 4 to 6 year sentence. Even though the sentencing hearing was Friday, September 11, his actual sentence will be meted out two weeks later, on September 25.
Saturday, August 15, 2009
"Caregiver" convicted of raping developmentally disabled woman in Washington home
(Original Post 7-18-09)
Joseph Thurura, a Kenyan immigrant, was convicted of 2nd degree rape in a sexual assault on a 45 year old developmentally disabled woman who had been previously victimized. Thurura was found guilty in a bench trial Thursday, July 16 after the victim miscarried the baby Thurura had with her.
DNA samples were taken from 11 men who had access to the victim at the Kent, WA assisted living facility where Thurura was supposed to care for the victim. The victim is blind and mute, and is legally incapable of consent. King County Superior Court Judge Richard McDermott presided over the trial, and will sentence him to between 6 1/2 and 8 1/2 years in prison at the Norm Maleng Regional Justice Center in Kent August 14.
(Update 8-15-09)
Thurura was sentenced to 8 1/2 years to life yesterday. The victim's mother spoke out on behalf of her daughter, who has the developmental capacitiy of an 11 month old girl.
"[She] was tortured and raped repeatedly over a long period of time in her own home -- in her own bed. I believe that Mr. Thurura should be removed from society so that other human beings can be safe from him."
King County Superior Court Judge Richard McDermott said that "If I could send you, Mr. Thurura, to twice the amount of time, or three times the amount of time, I would do so in a heartbeat...It is difficult for me, as a judge sitting here, to conceive of a more heinous offense. You took advantage of and violated one of the most vulnerable members of our society."
After the 8 1/2 years are up, the Indeterminate Sentencing Review Board will review the sentence, ultimately deciding how much more time he has to serve. If Thurura is released, he'll have to register as a sex offender. In Washington, rape resulting in pregnancy only results in aggravation when the victim is a child, not when the victim is an adult, even in severely disabled. In other states, pregnancy is an aggravating factor in rape sentencing.
Joseph Thurura, a Kenyan immigrant, was convicted of 2nd degree rape in a sexual assault on a 45 year old developmentally disabled woman who had been previously victimized. Thurura was found guilty in a bench trial Thursday, July 16 after the victim miscarried the baby Thurura had with her.
DNA samples were taken from 11 men who had access to the victim at the Kent, WA assisted living facility where Thurura was supposed to care for the victim. The victim is blind and mute, and is legally incapable of consent. King County Superior Court Judge Richard McDermott presided over the trial, and will sentence him to between 6 1/2 and 8 1/2 years in prison at the Norm Maleng Regional Justice Center in Kent August 14.
(Update 8-15-09)
Thurura was sentenced to 8 1/2 years to life yesterday. The victim's mother spoke out on behalf of her daughter, who has the developmental capacitiy of an 11 month old girl.
"[She] was tortured and raped repeatedly over a long period of time in her own home -- in her own bed. I believe that Mr. Thurura should be removed from society so that other human beings can be safe from him."
King County Superior Court Judge Richard McDermott said that "If I could send you, Mr. Thurura, to twice the amount of time, or three times the amount of time, I would do so in a heartbeat...It is difficult for me, as a judge sitting here, to conceive of a more heinous offense. You took advantage of and violated one of the most vulnerable members of our society."
After the 8 1/2 years are up, the Indeterminate Sentencing Review Board will review the sentence, ultimately deciding how much more time he has to serve. If Thurura is released, he'll have to register as a sex offender. In Washington, rape resulting in pregnancy only results in aggravation when the victim is a child, not when the victim is an adult, even in severely disabled. In other states, pregnancy is an aggravating factor in rape sentencing.
Wednesday, June 24, 2009
Jail guard sentenced to 60 days jail, sex offender restrictions after "affair"
A Missouri jail officer was ordered to undergo 5 years of probation, sex offender treatment, and 60 days in jail after a sexual relationship with an inmate turned into marriage. 29 year old Tara Hewkin, of the St. Louis suburb of Warrenton was sentenced by Circuit Judge Keith Sutherland yesterday after being convicted on March 26 in a bench trial. Sentencing was delayed to give probation officers time to prepare a report.
Hewkin began working at the jail as a corrections officer in April 2007. David Latham, 34, was one of several federal inmates being housed in the Warren County jail in the fall of 2007. On Oct. 15, 2007, jail staff found a cell phone in Latham's cell. Officers determined it belonged to Hewkin.
Hewkin admitted to police she gave Latham the phone so he could stay in touch with her. She told police she and Latham were involved in an intimate relationship. She reported that on three occasions she and Latham had sexual contact, once in the laundry room of the jail and the other times between the doors of two cell pods.
Latham was convicted on marijuana charges and sentenced to 5 years in USP Leavenworth. Besides the conviction, as a sex offender, Hewkin cannot live within 1000 feet of schools or day care centers.
Hewkin began working at the jail as a corrections officer in April 2007. David Latham, 34, was one of several federal inmates being housed in the Warren County jail in the fall of 2007. On Oct. 15, 2007, jail staff found a cell phone in Latham's cell. Officers determined it belonged to Hewkin.
Hewkin admitted to police she gave Latham the phone so he could stay in touch with her. She told police she and Latham were involved in an intimate relationship. She reported that on three occasions she and Latham had sexual contact, once in the laundry room of the jail and the other times between the doors of two cell pods.
Latham was convicted on marijuana charges and sentenced to 5 years in USP Leavenworth. Besides the conviction, as a sex offender, Hewkin cannot live within 1000 feet of schools or day care centers.
Wednesday, June 3, 2009
Former Navy Chaplain sentenced to 10 years for sexual exploitation of young female sailors
Former Navy Chaplain Lt. Shane Dillman was sentenced to 10 years in prison and discharge from the Navy for taking sexual advantage of young Navy sailors he was supposed to be ministering to. The sentence, handed down yesterday by Capt. Moira Modzelewski, must be affirmed by the commander of Naval Air Force Atlantic Rear Adm. Richard O'Hanlon.
Dillman admitted to multiple affairs with women but pleaded not guilty to rape, fraternization, and making a threat. After a 4 day trial, only the making a threat charge led to a not guilty verdict.
Dillman, a married father of three, was a Pentecostal minister endorsed by the Coalition of Spirit-Filled Churches. He has been on administrative duty since the charges were filed.
Charles Gittins, his civilian lawyer, said before sentencing that Dillman, 37, had been affected by ministering to more than 800 injured Marines while stationed at Bethesda Naval Medical Center.
A defense witness, psychologist Don Lewittes, said Dillman likely suffered from "vicarious traumatization," and began feeling dead inside. The sex was a means of trying to feel alive, Lewittes theorized.
When Dillman spoke at his sentencing hearing, he apoligozed to his family, the Navy, and God, saing that it was an honor to have served as a chaplain for a dozen years.
Lt. j.g. Bill Geraty said that the a sentenced in Dillman's statement, "I'm sorry the circumstances have taken ministry opportunities away from me," showed that the defendant showed a lack of remorse and a focus on his own losses, not the impact of the crime on the victims. Geraty also explained that the pattern of friendship leading to sexual involvement was "not a case of 'Whoops, I stepped over the line.'
"This was calculated...When Marines and sailors go to a chaplain for solace," he said, "they do not expect to enter the wolf's lair."
Dillman admitted to multiple affairs with women but pleaded not guilty to rape, fraternization, and making a threat. After a 4 day trial, only the making a threat charge led to a not guilty verdict.
Dillman, a married father of three, was a Pentecostal minister endorsed by the Coalition of Spirit-Filled Churches. He has been on administrative duty since the charges were filed.
Charles Gittins, his civilian lawyer, said before sentencing that Dillman, 37, had been affected by ministering to more than 800 injured Marines while stationed at Bethesda Naval Medical Center.
A defense witness, psychologist Don Lewittes, said Dillman likely suffered from "vicarious traumatization," and began feeling dead inside. The sex was a means of trying to feel alive, Lewittes theorized.
When Dillman spoke at his sentencing hearing, he apoligozed to his family, the Navy, and God, saing that it was an honor to have served as a chaplain for a dozen years.
Lt. j.g. Bill Geraty said that the a sentenced in Dillman's statement, "I'm sorry the circumstances have taken ministry opportunities away from me," showed that the defendant showed a lack of remorse and a focus on his own losses, not the impact of the crime on the victims. Geraty also explained that the pattern of friendship leading to sexual involvement was "not a case of 'Whoops, I stepped over the line.'
"This was calculated...When Marines and sailors go to a chaplain for solace," he said, "they do not expect to enter the wolf's lair."
Wednesday, April 22, 2009
London cab rapist sentenced to at least 8 years in prison
By Caroline Gammell (London Telegraph) Last Updated: 8:58AM BST 22 Apr 2009
The 51-year-old spent years targeting young professional women as they emerged from late night bars and clubs in the heart of London, offering them a lift before plying them with spiked champagne, having claimed he had won the lottery.
Once unconscious in the back of his taxi, the former stripper and porn actor would pounce, assaulting them as they lay passed out in the cab. Yesterday, he was given an indeterminate jail sentence and told he would have to serve a minimum of eight years before he could be considered for release.
As Worboys has already spent 15 months in jail, he could be freed in 2016, before the age of 60.
One of his victims – the first to give evidence at his trial – said she was horrified that Worboys could be released from prison so soon.
Joanna, not her real name, has not even told her own mother how she was drugged and assaulted in the back of his taxi in October 2006.
The 24-year-old said: "I think it is appalling, this sentence is far too lenient. He has been described as Britain's worst sex offender, eight years in jail will not break him or make him change his ways. Maybe he does regret what he did, but at the same time he did it for so many years and hurt so many lives. Eight years doesn't make up for all the pain he caused."
Rape campaigner Jill Saward, who was raped herself in 1986, said: "I welcome the indeterminate sentence but the minimum term of eight years is less than eight months per rape. This sentence is a disaster and is likely to inspire other victims to come forward."
When Worboys was convicted last month of a string of sexual offences – including rape – against 12 victims, it emerged that 85 women had come forward.
A further 45 women have spoken out since he was found guilty – 11 are deemed credible - and police believe he may have targeted as many as 200 victims over the years.
A series of police blunders led to at least 12 missed opportunities to catch him and an Independent Police Complaints Commission investigation is underway into what went wrong.
The way in which rapes are investigated has changed since Worboys and now fall under the responsibility of the Homicide and Serious Crime Command at Scotland Yard.
Passing sentence, Mr Justice Penry-Davey said the defendant had abused a position of trust as a London cab driver.
"You exploited that trust and, through the use of alcohol and drugs, you sexually abused young women who had trusted you to take them home safely late at night. You developed and perfected a web of deceit that was sufficient to ensnare young, intelligent and sensible women who had enjoyed a night out and whose only mistake was to get into your cab late at night."
Banning Worboys from ever driving a taxi again, Mr Justice Penry-Davey said the £3,680 he had stored in his cab to prove his lottery win would be shared between his 12 victims. In addition, the proceeds of the sale of his £5,000 taxi will be divided amongst them.
The judge insisted that the eight years was a minimum term only and Worboys would remain behind bars as long as a he was a danger to women.
The 51-year-old spent years targeting young professional women as they emerged from late night bars and clubs in the heart of London, offering them a lift before plying them with spiked champagne, having claimed he had won the lottery.
Once unconscious in the back of his taxi, the former stripper and porn actor would pounce, assaulting them as they lay passed out in the cab. Yesterday, he was given an indeterminate jail sentence and told he would have to serve a minimum of eight years before he could be considered for release.
As Worboys has already spent 15 months in jail, he could be freed in 2016, before the age of 60.
One of his victims – the first to give evidence at his trial – said she was horrified that Worboys could be released from prison so soon.
Joanna, not her real name, has not even told her own mother how she was drugged and assaulted in the back of his taxi in October 2006.
The 24-year-old said: "I think it is appalling, this sentence is far too lenient. He has been described as Britain's worst sex offender, eight years in jail will not break him or make him change his ways. Maybe he does regret what he did, but at the same time he did it for so many years and hurt so many lives. Eight years doesn't make up for all the pain he caused."
Rape campaigner Jill Saward, who was raped herself in 1986, said: "I welcome the indeterminate sentence but the minimum term of eight years is less than eight months per rape. This sentence is a disaster and is likely to inspire other victims to come forward."
When Worboys was convicted last month of a string of sexual offences – including rape – against 12 victims, it emerged that 85 women had come forward.
A further 45 women have spoken out since he was found guilty – 11 are deemed credible - and police believe he may have targeted as many as 200 victims over the years.
A series of police blunders led to at least 12 missed opportunities to catch him and an Independent Police Complaints Commission investigation is underway into what went wrong.
The way in which rapes are investigated has changed since Worboys and now fall under the responsibility of the Homicide and Serious Crime Command at Scotland Yard.
Passing sentence, Mr Justice Penry-Davey said the defendant had abused a position of trust as a London cab driver.
"You exploited that trust and, through the use of alcohol and drugs, you sexually abused young women who had trusted you to take them home safely late at night. You developed and perfected a web of deceit that was sufficient to ensnare young, intelligent and sensible women who had enjoyed a night out and whose only mistake was to get into your cab late at night."
Banning Worboys from ever driving a taxi again, Mr Justice Penry-Davey said the £3,680 he had stored in his cab to prove his lottery win would be shared between his 12 victims. In addition, the proceeds of the sale of his £5,000 taxi will be divided amongst them.
The judge insisted that the eight years was a minimum term only and Worboys would remain behind bars as long as a he was a danger to women.
Thursday, July 31, 2008
Caregiver faces mandatory minimum of 25 years after rape, sodomy convictions
A former caregiver of a woman who was raped by him faces a mandatory minimum sentence of 25 years in prison after being convicted of the rape and sodomy of a brain injured 70 year old woman. The woman suffered injuries in a car crash in her 20s which killed her husband and led her parents to take care of their two kids, one of which was born after the crash.
John Alvin Taylor, 59, was convicted of 3 counts each of 1st degree rape and 1st degree sodomy by Marion County Circuit Judge Susan Tripp after a bench trial whose closing arguments ended last June.
The woman, now 73, was sexually assaulted in September 2005 in the McKillop Residence on the campus of Marian Estates, an assisted-care facility in Sublimity where Taylor worked.
During the trial, the woman testified that she did not want to have sex with Taylor, but that he came into her room several times.
The abuse was reported after another caregiver found a condom wrapper in the woman's apartment.
Taylor worked for the facility from June 2004 to September 2005, and his responsibilities included changing beds, washing laundry, serving food and cleaning, according to one of his statements.
Taylor’s attorney objected to testimony about the woman’s dimished capacity, but Judge Tripp allowed the evaluation.
Deputy District Attorney Matt Kemmy, who prosecuted the case, said that “it was important to convict this guy, to not only to get him out of the caretaking business but to put him in prison… I don't think she was able to grasp how serious it was, what he was subjecting her to… Given her mental capabilities, she would have been prey to the will of the defendant," Tripp wrote in her ruling.
John Alvin Taylor, 59, was convicted of 3 counts each of 1st degree rape and 1st degree sodomy by Marion County Circuit Judge Susan Tripp after a bench trial whose closing arguments ended last June.
The woman, now 73, was sexually assaulted in September 2005 in the McKillop Residence on the campus of Marian Estates, an assisted-care facility in Sublimity where Taylor worked.
During the trial, the woman testified that she did not want to have sex with Taylor, but that he came into her room several times.
The abuse was reported after another caregiver found a condom wrapper in the woman's apartment.
Taylor worked for the facility from June 2004 to September 2005, and his responsibilities included changing beds, washing laundry, serving food and cleaning, according to one of his statements.
Taylor’s attorney objected to testimony about the woman’s dimished capacity, but Judge Tripp allowed the evaluation.
Deputy District Attorney Matt Kemmy, who prosecuted the case, said that “it was important to convict this guy, to not only to get him out of the caretaking business but to put him in prison… I don't think she was able to grasp how serious it was, what he was subjecting her to… Given her mental capabilities, she would have been prey to the will of the defendant," Tripp wrote in her ruling.
Monday, July 14, 2008
York Township, PA man convicted of attempted rape of ex-girlfriend
Justin J. Mease, 21, of York Township, PA, was convicted of attempted rape and other offerses for attacking his ex-girlfriend last fall. After an argument at her Palmyra, PA home, Mease began to choke her while trying to rape her. The victim tried to leave, but he ran after her, dragged her back into the house by her hoodie, and held a knife to her throat. Mease also took her house and cell phones.
At a trial Tuesday before Lebanon County President Judge Robert J. Eby, the jury found Mease guilty of attempted rape, attempted sexual assault, aggravated indecent assault, making terroristic threats, indecent assault, unlawful restraint, indecent assault, simple assault, recklessly endangering another person, false imprisonment and theft. He was found not guilty of aggravated assault.
Sentencing was set for August 28.
At a trial Tuesday before Lebanon County President Judge Robert J. Eby, the jury found Mease guilty of attempted rape, attempted sexual assault, aggravated indecent assault, making terroristic threats, indecent assault, unlawful restraint, indecent assault, simple assault, recklessly endangering another person, false imprisonment and theft. He was found not guilty of aggravated assault.
Sentencing was set for August 28.
Sunday, June 22, 2008
Buffalo, NY rapist convicted of acquaintance rape
Brian Cooper, a convicted criminal with a 1999 Buffalo, NY drug conviction, and a 1997 federal bank larceny charge, was convicted in a bench trial before State Supreme Court Justice John L. Michalski of 3rd degree rape and 1st degree criminal sexual act in the rape of a 28 year old woman who was a longtime family friend. Cooper, 32, was acquitted of 1st degree rape. Prosecutor Marni Bogart will recommend that Cooper, who is being held on $150,000 bond pending sentencing August 1, is sentenced to the maximum 4 years in prison for the rape.
Thursday, June 5, 2008
Rapist sentenced to 2 decades behind bars
Charles Eugene Decker, 58, of Fitzhugh, OK, was sentenced to two decades in prison for a count of rape with instrumentation June 3 in Ada, Oklahoma. He was found guilty during a bench trial by Judge Tom Landrith on May 8. Decker was arrested in April 2007 after the victim told deputies he raped her while asleep.On May 8, Decker was found guilty on the rape charge by Judge Tom Landrith after a non-jury trial.
Decker was arrested in April 2007 by Undersheriff Joe Glover after the victim told deputies he had raped her while she was asleep.The victim took the stand and said she awoke to find Decker touching her below the waist. She said she and her boyfriend lived in a makeshift apartment on Decker’s property doing odd jobs for him.
The night of the incident, the victim, her boyfriend, Decker and his girlfriend had all reportedly been drinking. After the victim and her boyfriend went to sleep the incident occurred, she said. She woke her boyfriend and told him what was going on. At this time, she said she could hear Decker leaving and saying, “I’m sorry. I’m sorry. It won’t happen again.”
While Decker’s attorney questioned the character and truthfulness of the victim and her boyfriend, Assistant District Attorney Jim Tillison said the facts would show she was telling the truth and her character was not a factor. Decker insisted on testifying on his own behalf admitted he had been drinking and said he blacked-out and didn’t remember anything until he heard the victim yell her boyfriend’s name. He said he “snapped to” and realized he was in the wrong place.
“I didn’t rape that little girl,” Decker said.
According to Assistant District Attorney Jim Tillison, Decker pleaded no contest to two other charges, both for bringing contraband into a jail facility. These charges led to 5 year sentences to be served concurrently with the rape sentence.
Decker was arrested in April 2007 by Undersheriff Joe Glover after the victim told deputies he had raped her while she was asleep.The victim took the stand and said she awoke to find Decker touching her below the waist. She said she and her boyfriend lived in a makeshift apartment on Decker’s property doing odd jobs for him.
The night of the incident, the victim, her boyfriend, Decker and his girlfriend had all reportedly been drinking. After the victim and her boyfriend went to sleep the incident occurred, she said. She woke her boyfriend and told him what was going on. At this time, she said she could hear Decker leaving and saying, “I’m sorry. I’m sorry. It won’t happen again.”
While Decker’s attorney questioned the character and truthfulness of the victim and her boyfriend, Assistant District Attorney Jim Tillison said the facts would show she was telling the truth and her character was not a factor. Decker insisted on testifying on his own behalf admitted he had been drinking and said he blacked-out and didn’t remember anything until he heard the victim yell her boyfriend’s name. He said he “snapped to” and realized he was in the wrong place.
“I didn’t rape that little girl,” Decker said.
According to Assistant District Attorney Jim Tillison, Decker pleaded no contest to two other charges, both for bringing contraband into a jail facility. These charges led to 5 year sentences to be served concurrently with the rape sentence.
Thursday, May 29, 2008
Chicago foot doctor convicted of sexual abuse in bench trial
(Original Story 3-29-08)
A prominent South Side (of Chicago) foot doctor, Dr. Anthony Overton, is facing trial in a sexual abuse case involving inappropriate touching of female patients before foot surgeries. Thursday's testimony involved a 52 year old woman not involved in the charging complaint, but who testified the doctor molested her in connection with bunion surgery many times in 2005, culminating when Overton asked her to drop her pants to her knees during a post operation checkup.
Overton is charged with two counts of criminal sexual assault and a count of criminal sexual abuse of a 76 year old woman. He is currently undergoing a bench trial (without a jury) in the courtroom of Cook County Circuit Judge Michael Toomin.
The charges stem from the alleged sexual assault of the 76-year-old, but others came forward and were allowed to testify at the trial, said Tandra Simonton, a spokeswoman for the state's attorney's office.
The woman who testified Thursday said she heard about the allegations on the radio while she was at work and decided to tell authorities.She alleged that the abuse began in August 2005 when she went to Overton's office for an initial visit before bunions were to be removed from her feet.Even though she told the podiatrist that she had a pre-surgical examination with her primary-care physician, Overton insisted on doing another physical, she testified. He touched her inappropriately, she said.
On the day of her surgery at Jackson Park Hospital, Overton walked over to her in the surgical waiting area, pulled the curtain around the bed, checked her heart rate and then inappropriately touched her, the woman testified."I was shocked," the woman said.
"He checked my feet and had me pull my pants down to my knees," the woman said.
Overton against asked the woman to drop her pants, and in this incident in December 2005, she finally confronted him.
"I asked him, 'What does that have to do with my feet?' " the woman said. "He said, 'You can have a nurse in here the next time.' "
Bill Hooks, Overton's defense attorney, cross examined the victim and got her to admit that she never took her complaints to authorities, either regulatory or law enforcement, and got her to acknowledged that she checked a form citing excessive bleeding. The defense attorney implied that Overton's touching was to check for bleeding.
(Update 4-3-08) Overton's ruling will be declared on April 21. Prosecutors in closing arguments Wednedsay April 2 said that Overton had no legitimate reason to give anthing other than foot exams to patients.
Isn't this just common sense?" said Asst. State's Atty. Cheryl Galvin. "Does it make any sense to go to a proctologist to have your teeth cleaned?"Overton, 64, of Olympia Fields is on trial in Cook County Criminal Court for allegedly fondling an elderly woman and giving her a vaginal and rectal examination. The woman had sought treatment for a sprained ankle in 2006. She was 75 at the time.
Overton has said he frequently gave full-body physicals to patients to diagnose other problems that may affect his patients' feet. He said it was sometimes necessary to conduct breast, vaginal and rectal exams to check for other ailments.
A prominent South Side (of Chicago) foot doctor, Dr. Anthony Overton, is facing trial in a sexual abuse case involving inappropriate touching of female patients before foot surgeries. Thursday's testimony involved a 52 year old woman not involved in the charging complaint, but who testified the doctor molested her in connection with bunion surgery many times in 2005, culminating when Overton asked her to drop her pants to her knees during a post operation checkup.
Overton is charged with two counts of criminal sexual assault and a count of criminal sexual abuse of a 76 year old woman. He is currently undergoing a bench trial (without a jury) in the courtroom of Cook County Circuit Judge Michael Toomin.
The charges stem from the alleged sexual assault of the 76-year-old, but others came forward and were allowed to testify at the trial, said Tandra Simonton, a spokeswoman for the state's attorney's office.
The woman who testified Thursday said she heard about the allegations on the radio while she was at work and decided to tell authorities.She alleged that the abuse began in August 2005 when she went to Overton's office for an initial visit before bunions were to be removed from her feet.Even though she told the podiatrist that she had a pre-surgical examination with her primary-care physician, Overton insisted on doing another physical, she testified. He touched her inappropriately, she said.
On the day of her surgery at Jackson Park Hospital, Overton walked over to her in the surgical waiting area, pulled the curtain around the bed, checked her heart rate and then inappropriately touched her, the woman testified."I was shocked," the woman said.
"He checked my feet and had me pull my pants down to my knees," the woman said.
Overton against asked the woman to drop her pants, and in this incident in December 2005, she finally confronted him.
"I asked him, 'What does that have to do with my feet?' " the woman said. "He said, 'You can have a nurse in here the next time.' "
Bill Hooks, Overton's defense attorney, cross examined the victim and got her to admit that she never took her complaints to authorities, either regulatory or law enforcement, and got her to acknowledged that she checked a form citing excessive bleeding. The defense attorney implied that Overton's touching was to check for bleeding.
(Update 4-3-08) Overton's ruling will be declared on April 21. Prosecutors in closing arguments Wednedsay April 2 said that Overton had no legitimate reason to give anthing other than foot exams to patients.
Isn't this just common sense?" said Asst. State's Atty. Cheryl Galvin. "Does it make any sense to go to a proctologist to have your teeth cleaned?"Overton, 64, of Olympia Fields is on trial in Cook County Criminal Court for allegedly fondling an elderly woman and giving her a vaginal and rectal examination. The woman had sought treatment for a sprained ankle in 2006. She was 75 at the time.
Overton has said he frequently gave full-body physicals to patients to diagnose other problems that may affect his patients' feet. He said it was sometimes necessary to conduct breast, vaginal and rectal exams to check for other ailments.
(Update 4-21-08) Overton was convicted of two counts of aggravated criminal sexual assault following the bench trial (trial by a judge alone) by Circuit Judge Michael P. Toomin. He faces a mandatory minimum sentence of 12 years in prison.
Aggravated criminal sexual assault is a felony punishable by 6 to 30 years in prison per count in Illinois, and if a sex offender is convicted on more than one count, the counts must be served consecutively. Unlike most crimes, where 50% remission is granted, if someone sentenced to prison for aggravated criminal sexual assault is on their best behavior, they can only get 15% remission. Assuming Overton is sentenced to the minimum 12 years, he'll serve at least 10.2 years.
(Update 5-29-08) Overton was sentenced to 6 years in prison, meaning that the minimum sentence will be 5.1 years, assuming good behavior. Speaking of which, Judge Toomin cited Overton's formerly impeccable behavior in the community as the reason that he had the sentences run concurrently, not consecutively.
In explaining his leniency, Circuit Court Judge Michael Toomin said in his 28 years as a judge he had never seen a defendant with a more impeccable background. He noted that Overton, a doctor with four advanced degrees, had never been charged with a crime previously. He added that he had received dozens of letters in support of the podiatrist.
Prosecutors were miffed and Judge Toomin expects an appeal.
"I would have liked to have seen a bigger sentence. The mandatory minimum is 12 years," Assistant States Attorney Cheryl Galvin said.
Sunday, April 27, 2008
Madison man sentenced to 7 1/2 years in prison for attempted sex attack
Paul Aud, 34, was sentenced to 7 1/2 years out of a possible 25 years in prison for the attempt to sexually assault a University of Wisconsin - Madison student. He was convicted in a bench trial of attempted 2nd degree sexual assault and substantial battery. Aug. 23, 2006 was when Aud, then 32, followed his victim into an on-campus apartment building and pulled her down stairs. He attempted to, but she sucsessfully fought off the rape attempt.
"I can't help but wonder the typical questions that a victim asks: 'Why me? What did I do so wrong to this person that made him attack me?'" the victim said. "He had the intentions of any other predator who succeeds in his crime and I do not believe he is ashamed of what he realizes he has done or the repercussions of his crime."
Aud apologized at the sentencing. He claimed that attack was triggered by a drunken rage.
"I am sorry beyond words for what I've done and the pain that I've caused you. If I could do
anything, I would do anything to take back that night," Aud said.
Besides the 7 1/2 year prison sentence, Aud has to spend 9 1/2 years on extended supervision and sign the SO registry.
"I can't help but wonder the typical questions that a victim asks: 'Why me? What did I do so wrong to this person that made him attack me?'" the victim said. "He had the intentions of any other predator who succeeds in his crime and I do not believe he is ashamed of what he realizes he has done or the repercussions of his crime."
Aud apologized at the sentencing. He claimed that attack was triggered by a drunken rage.
"I am sorry beyond words for what I've done and the pain that I've caused you. If I could do
anything, I would do anything to take back that night," Aud said.
Besides the 7 1/2 year prison sentence, Aud has to spend 9 1/2 years on extended supervision and sign the SO registry.
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