Showing posts with label indictment. Show all posts
Showing posts with label indictment. Show all posts

Monday, September 1, 2008

Texas federal judge charged with sexual abuse

By JUAN A. LOZANO Associated Press Writer

HOUSTON — A federal judge accused of fondling a former court employee was indicted by a federal grand jury Thursday on sexual abuse charges.
U.S. District Judge Samuel Kent is charged with two counts of abusive sexual contact and one count of attempted aggravated sexual abuse.


A former case manager at the U.S. District Court in Galveston accused Kent of twice touching her under her clothing and repeatedly making obscene suggestions during the six years she worked with him.

The indictment, first reported by the Houston Chronicle, alleges the criminal conduct happened on Aug. 29, 2003, and March 23, 2007, Acting Assistant Attorney General Matthew Friedrich said in a statement.

Kent's attorney, Dick DeGuerin, called any sexual contact that may have happened between Kent and his accuser consensual.

"He's angry and ready for a fight. He is innocent. We will try this case. It is nothing but a false accusation," said DeGuerin said.

Kent's accuser issued a statement Thursday saying she felt vindicated by the grand jury's decision.

"After a very difficult 17 months, I feel like I have finally been validated. I have listened and read with horror as Judge Kent's lawyer suggested that what happened to me was 'enthusiastically consensual,'" she said. "I am relieved to find that even federal judges are not above the law, and that sexual abuse in the workplace is never acceptable, no matter the status of the offender."

The abuse allegations were first investigated by the Judicial Council of the 5th U.S. Circuit Court of Appeals, which reprimanded Kent in September 2007. The council gave no details about the allegations, only saying a complaint alleging sexual harassment had been filed against Kent. It ordered the judge to go on leave for four months, but Kent still collected his $165,000 annual salary.

Kent was reassigned from Galveston to Houston.

If convicted of attempted aggravated sexual abuse, Kent could face up to life in prison and a fine of up to $250,000. Each count of abusive sexual contact carries a sentence of up to two years in prison and a fine of up to $250,000.

An agreement with prosecutors will allow Kent to surrender Wednesday for an initial court appearance.

Wednesday, July 23, 2008

Formerly committed sex offender loses ruling concerning phone threats

(Original Post 4-21-08)
A sex offender civilly committed for 9 years after serving a 18 year term for sexually assaulting two women at age 17 has had charges for harassing a woman who wroked at the civil commitment facility upheld. Stephen Mislich, 44, was originally convicted in 1980 of raping two women, with the second rape occuring while he was out on bond for the 1st rape.

The second rape, according to a 1998 article, featured a then 17 year old Mislich gaining entry to a woman's house posing as a election pollster before raping and stabbing the victim in her bathtub about 15 times. He was committed in the summer of 1998, and spent 9 years in treatment before being released last July. Stories from 1998 showed a man who fantasized about killing women.

Mislich became obsessed with the former worker in 2002, while she worked at the facility. She no longer works there, and Mislich is charged with making death threats against her.

During Monday's hearing, Assistant State's Atty. Liam Brennan told Judge George Bakalis that in 2002, Mislich threatened to kill the woman or a family member. In a November telephone call, Brennan said, the defendant reportedly stated: "This is Stephen Mislich. I am out of prison and I know where you work."

He was arrested in November and charged with telephoning a former female state mental health worker with whom he was acquainted, which made her to feel threatened, authorities said.

Assistant Public Defender Jaime Escuder asked that the indictment be dropped, arguing that the alleged 2002 threat and the 2007 telephone call were too far removed from each other to be legally sufficient to sustain the criminal charge. "The phone call in itself wasn't a threat," Escuder said.Brennan disagreed, saying the evidence to the grand jury was sufficient to secure an indictment.

Brennan disagreed, saying the evidence to the grand jury was sufficient to secure an indictment."We didn't present all the evidence to the grand jury," he said. "The court hasn't heard all the evidence."

Judge Bakalis ruled that though the state had enough evidence for a grand jury to return an indictment, "This is an interesting question, and the state still has to prove their case at trial."

The state is petitioning the re-commitment of Mischlich as a sexually violent person. He is being held on $2 million bail.

(Update 7-23-08)

Mishlich was ordered to undergo 2 more months of inpatient treatment before being released on September 22. Prosecutors agreed to the deal after it became clear that they did not have enough evidence to recommit him.

The Daily Herald has more about Mishlich's past.

On July 7, 1980, a 17-year-old Mislich forced a woman to perform a sexual act after pushing his way into her car outside a Cook County mall. Mislich then made her cash her paycheck at a bank and dropped her off at a tollbooth before fleeing with her money and car.


Police arrested him but, four months later, while he was free on bond, Mislich posed as an Election Day pollster to gain entry into a Country Club Hills home. Inside, he raped the female homeowner at knifepoint, forced her into a bathtub and tried to electrocute her by throwing a hair dryer into the water.


She escaped from the bathroom but fell near the front door. Mislich caught up to her and stabbed the woman up to 16 times. Neighbors called 911 after hearing her screams. She survived her injuries.


Mislich pleaded guilty but mentally ill to both sex attacks. On March 26, 1982, he began a 36-year prison term. He was due to be released Aug. 6, 1998, after serving half his prison term, but authorities convinced a Cook County judge to have Mislich detained indefinitely under a state law for those deemed sexually violent.


The law allows authorities to force sex offenders such as Mislich to stay in a state mental treatment facility if prosecutors prove another crime is probable.


An expert testified at Mislich's civil commitment hearing in September 1998 that he suffers from anti-social personality disorder and sexual sadism that make him a high risk to become a serial sex killer.


He remained civilly committed in a state facility until July 2007, when he was granted a conditional release as long as he registered with police as a sex offender and wore a GPS tracking device for monitoring. Furthermore, Mislich began a voluntary process to be chemically castrated, a temporary form of castration induced by hormonal medicines, to control his deviant urges.

Thursday, June 5, 2008

Hillside strangling victim's alleged attackers arrested

(Original Post 5-8-08)
Martin D. Lyons, 20, and Nico Lewis, 18, of Bellwood, a Chicago suburb have been charged with 1st degree murder after allegedly strangling a woman from the neighboring suburb of Bellwood. Bond was denied after details of her rape and strangulation were read at the hearing, presided over by Judge Donald Panarese.

The victim was identified Thursday as Tanika Hinton, 21, of the 400 block of Englewood Avenue in Hillside. Hinton was found at about 11:30 a.m. Monday in a vacant lot in the 4200 block of West Arthington Street, in Chicago's West Garfield Park neighborhood, authorities said. An autopsy determined she had been strangled, according to the Cook County medical examiner's office.

Hinton, who had known the men for 2 months, was beated up after they complained she "talked too much," and was pushed into the back of her own car, according to Assistant State's Attorney LuAnn Snow.

Lewis pulled over, forced Hinton into the back seat of her car and sexually assaulted her, Snow said. Lyons then removed his belt, and the two men "wrapped it around the victim's neck, and pulled," Snow said.The two drove to a vacant lot in the 4200 block of West Arthington Street in Chicago and threw Hinton's body into bushes, Snow said. The woman's body was found by authorities Monday night after Hinton was reported missing by her mother.

One of Hinton's acquaintences saw Lyons driving aroung in her car, and wearing the same belt used to strangle Hinton. Hinton's cell phone was programmed with the message, "She Gone Forever."

(Update 6-5-08) Both suspects have been charged with over 2 dozen felony counts. Their arraignment will be on June 18.

[They] were each indicted on 11 counts of first-degree murder, eight counts of attempted aggravated criminal sexual assault, and one count each of aggravated kidnapping, vehicular hijacking, robbery, burglary and concealment of a homicidal death, according to Cook County State’s Attorney’s office spokeswoman Tandra Simonton. Lewis also faces one count of possession of a stolen vehicle.

Wednesday, April 30, 2008

Lawyer and wife arrested on sexual assault charges

(Original Post 4-23-08)

Mark Lesher, 62 and his wife Rhonda, 49, were charged with second degree sexual assault by Texas officials after a woman allegedly was raped by both Leshers.

The charges stemmed from a July 26, 2007, alleged encounter with a 36-year-old woman at the Lesher residence in Red River County.The woman told officials she was raped by both Lesher and his wife.Both Lesher and his wife were released on $100,000 bonds shortly after the arrests.Lesher, who is well known in northeast Texas as a defense attorney, operates offices both in Clarksville and Texarkana.A Red River County grand jury met Friday to hear evidence of the alleged offense and issued the sealed indictments.

"I don’t want to go into the facts because the investigation is ongoing,” said Red River County District Attorney Val Varley in a telephone interview Monday. “The grand jury listened to the testimony of the alleged victim and decided to indict them.”

Mark Lesher is a defense attorney known throughout NE Texas. Both Leshers were released on $100,000 bonds. The investigation is still ongoing.

(Update 4-30-08) A third man has also been charged with 2nd degree sexual assault for the rape of the same woman. Robert mcCarver was arrested in Oklahoma for the crimes and in the same indictment listed above. He's awaiting extradition to Texas.

Thursday, April 24, 2008

18 year old man charged with exposing 18 year old woman to HIV in Milwaukee suburb

An 18 year old student at South Milwaukee High School, on probation for another crime, was charged with 2nd degree reckless endangerment of safety after having unprotected sex with another 18 year old female student. Mark Brown was exposed by his aunt who he lived with. The aunt told the girl that Brown may be HIV positive, and the girl went to police, saying she would never have had sex with Brown if she had been told he was infected.

In an April 14 phone conversation, a South Milwaukee police officer asked Brown if he was HIV positive.

"Yes, I am," Brown replied, according to the complaint.

Brown said he had known for about 18 months. He denied, however, having sexual intercourse with the young woman.

According to court records filed this month in support of subpoena seeking Brown's medical records, a 16-year-old told police at South Milwaukee High School that she had sexual contact, but not intercourse, with Brown and that he did not tell her about his condition. The same court records indicate that the woman in Tuesday's complaint is 18.

The 16-year-old was not mentioned in Tuesday's complaint.

The human immunodeficiency virus is a life-threatening sexually transmitted disease that can lead to the development of AIDS.

Brown made his initial appearance Tuesday before Court Commissioner Rosa M. Barillas. He is a tall, thin man who appeared all the more lanky dressed in baggy orange jail clothing. Barillas set a cash bail of $1,000. As conditions of his bail, Barillas ordered Brown to have no contact with the 18-year-old girl and to advise anyone he has sex with of his medical condition.

According to computerized state court records, Brown pleaded no contest in 2006 in Racine County to a misdemeanor charge of carrying a concealed weapon. Less than a month later, he pleaded no contest to misdemeanor charges of theft and receiving stolen property.

Brown was sentenced to two years of probation, one of the conditions being a requirement to stay in school.

School officials for the South Milwaukee district didn't respond to requests for interviews Tuesday.

The parent of a sophomore at South Milwaukee High School said he can see why administrators there aren't eager to comment, given that the sexual acts Brown has been accused of did not happen on school grounds.

"Something happened, and it's terrible, but it's not the school's problem. The school can't be the police for these individuals. Everybody looks for someone to blame, but the schools can't be responsible for that."

Second degree reckless endangerment of safety is a felony punishable by up to 10 years in a Wisconsin prison.

Saturday, April 19, 2008

Man indicted for birthday rape, roberry spree

Dandrea Miller allegedly celebrated his 20th birthday on April 12 by robbing and raping women in his Near West side of Milwaukee neighborhood. Most of the attacks took place in broad daylight. His indictment for that crime spree came yesterday.

Miller is charged with kidnapping, burglary, armed robbery, attempted armed robbery and two counts of first-degree sexual assault, all during an April 12 crime spree in which the victims included a woman eight months pregnant.

According to the complaint, Miller made the following admissions to investigators:

That morning, he entered an apartment in the 2900 block of W. Wisconsin Ave. and stole a couple of guns and movies. Using the stolen BB gun, he forced a 49-year-old woman to have sex with him between two buildings in the 500 block of N. 29th St. He then told her to open her purse. When he saw she had no money, he let her go.

He then rode a bike to the 3400 block of W. Michigan St., where he saw a woman walking, showed the gun and asked for money. He left when he learned she had none. The woman told police that Miller took a pack of cigarettes from her, the complaint says.
The complaint says he also told investigators:


In the 2900 block of W. Michigan St., he approached another woman - who police said was pregnant - displayed the gun and asked for money. She gave him $5.

He told police he then bought something to eat and a bag of marijuana, the complaint says.
He hid the bike and the BB gun in the basement of the apartment building near N. 29th and W. Wisconsin, according to the complaint.


Miller faces 257.5 years in prison and a $325,000 fine.