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

(Original Post 4-24-10)

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

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

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

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

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

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

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

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

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

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

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

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

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

Disgraced Sacramento divorce lawyer gets 1 1/2 years for fondling clients

A former Sacramento divorce layer was sentenced to 1 1/2 years in prison, 5 years probation, and lifetime sex offender registration yesterday for fondling his female clients under the guise of helping them medically. Gary Appelblatt, 57, plead no contest to four counts of sexual battery and a fifth count of improper touching in exchange for 9 other sexual battery counts being dropped and a maximum sentence of 18 months. Judge Gary E. Ransom sentenced the disgraced former lawyer in Sacramento Superior Court. Appelblatt tried to ask for a few days of free time to get his affairs in order, but Judge Ransom ordered him directly to prison.

Sacramento County sheriff's detectives launched their investigation of Appelblatt in February 2008 when a woman told them he made her take off her tank top and then reached into her pants during a divorce consultation. Appelblatt, she said, had a pharmacy degree on his office wall. She said he checked her breathing with a stethoscope and pounded her knees with a rubber mallet, then conducted something along the lines of a breast exam.

A month later, the detectives arrested Appelblatt. A TV report of the arrest brought out other victims who told investigators about similar experiences with Appelblatt that dated back to 2003.

Another victim stated that Appelbaum offered to reduce her legal bill by $5000 if she would have sex with him. All victims stated that the lawyer told them not to tell anyone about the assaults. 

At the time of the plea deal on August 17, Deputy District Attorney Keith Hill said "I think to me the most important thing is that lawyers are in a position of trust with their clients. I think he violated that, and I think he deserves the punishment he is going to get."

Hill went on to explain what he and the victims were hoping to accomplish with the no contest plea. "Realistically, when you take it all into consideration, it's a lot for these victims to go through again. You've always got to consider the victims. What was allowable under the law, this will be an appropriate sentence, and I hope and trust the judge will give him the maximum at the time of sentencing, and he indicated on the record this morning that that is the likely outcome."

Hill said he spoke to all of the victims last week and that they approved of the plea deal. "They were all willing to come forward and testify at trial, but they are relieved to not have to do that and to know that he's admitting guilt and that he will be punished for it."

At sentencing, Hill said that the use of the phony medical certificate and doctors' tools, as well as the fact that divorce clients have been through "terrible emotional" times just befor hiring him as a client, showed "planning and sophistication." "It was a complete legal and moral breakdown on his part. This is something he did for years, something he did over and over and over, to victim after victim after victim."
 
Tom Johnson, Appelblatt's defense lawyer, said his client, a practicing lawer for the past 2 decades, "stands before you utterly humiliated as a person and as an attorney." Echoing this, Appelblatt himself said that he had suffered from unaddressed mental issues and expected to be disbarred later this month. "I've lost my livelihood which I have loved for the last 20 years and (am) facing loss of my freedom."
 
Three of his victims also appared in court. One victim said that "You preyed upon my life when I was most weak and most vulnerable..."You robbed me of my dignity and self-worth." A second victim stated that "I only hope Mr. Appelblatt never has the opportunity to get his hands on anybody again."  All of them said that Appelblatt violated their trust, took advantage of their vulnerability, and made them suspicious of professionals.

Attorney gets off lightly for sleeping with drug dealing client

An attorney who slept with a client facing years behind bars for drug charges got off (pun intended) easy for her relationship with a drug dealer. Thirty-one year old Anna Scmaltz was given a public reprimand for the sexual relationship with Alfred Julian, who she represented as a public defendant in two 2006 drug cases.

Julian ratted his "lover" out because he was offered a plea deal which would have sent him to prison for 2 years. Julian, against Schmalz' advice, refused to take the deal, and was sentenced to 5 years, later reduced to 3 years on appeal. He then told officials he had a sexual relationship with his client.

Investigators asked Schmalz about Julian's assertions and she denied them, saying she only had a friendship with him.

Those denials continued - until investigators told her they had more than 50 hours of recorded telephone conversation between Schmalz and Julian when he was behind bars.

According to the Ohio Supreme Court statement, "The calls had been monitored by the Hamilton County Sheriff's Department with the knowledge of the participants...Among the approximately 110 half-hour recorded conversations between (Schmalz) and her client were explicit descriptions of sexual acts and professions of love between the two. In at least three calls, (Schmalz) requested and/or engaged in telephone sexual activity with her client."

The decision was reached to reprimant and not issue more severe sanctions because in that drug case in which Julian was sentenced to 5 years, Schmalz' defense enabled the jury to acquit Julian of two other charges. Julian was found not guilty of all charges against him in the second case.

Lawyer charged with overseeing troubled attorneys lands in hot water for alleged groping

Dan Murdock, the 62 year old lawyer in charge of overseeing Oklahoma attorneys facing disciplinary actions, is himself facing troubles, after being charged sexual battery with groping a woman June 28 during a wedding shower.


He is charged with two counts because he allegedly bit the 36-year-old woman's breast and groped her genital area, then grabbed her by the hair and bit her on the back of the neck when she tried to get away from him, according to court documents.

Oklahoma City police swabbed the woman's bite marks, finding DNA consistent with a sample from him, Detective Daniel Sheehan wrote in an affidavit.

Murdock faces 10 years in prison, and is free on $5,000 bail. His official position, which he requested a leave of absence from, is the General Counsel for the Oklahoma Bar Association.

Boston lawyer acquitted on two rape charges; third rape charge dropped by prosecutors in Miami

A Boston lawyer, named in 2001 on People magazine’s list of America’s "Most Eligible Bachelors," and even trying out for ABC's show "The Bachelor," is facing charges for grooming young women he "dated" for rape.

Zerola overcame a poor childhood, where he was shifted from foster home to foster home until finally being adopted by a suburban Boston lawyer. He attended Suffolk University, where he graduated with a law degree and public comminications degree.

Trial of Hub's Most Eligible Bachelor on Rape Charges to Start Tomorrow, from the Boston Herald, has more.

"He was bright and articulate," said John E. Fenton Jr., one of Zerola’s law professors. "I don’t remember what he spoke about, but I can tell you he gave an excellent speech."
He worked as a state prosecutor on child abuse and domestic violence cases and became
well-known in philanthropic circles as an advocate for foster children. He started a volunteer group that raised money to buy clothing and gifts for foster kids. He was regularly mentioned in newspaper gossip columns and fetched an $800 bid in a charity dating auction. In 2001, at age 29, Zerola was named one of People’s 50 most eligible bachelors.

In 2000, Zerola opened his own practice, where his clients included drug dealers, and ironically, rape defendants - something he is currently.

In court, he was known for his well-tailored suits, flashy style and the frequent compliments he paid female court employees.

"It’s a rare instance that you see a kid who has been through as many foster family situations as Gary who was able to rise above all of that, not to get into trouble as a kid, not to turn to substance abuse, but to go to college and then to go on and become a lawyer," said Michael Natola, a Boston defense attorney who is a close friend.

Zerola's MO, according to prosecutoirs, is to meet women in bars, charm them, get them back into his apartment or hotel room, then rape them. He stands trail for raping 2 19 year old Massachusetts women back in 2004 and 2006 tomorrow, and then he is scheduled to face charges in Florida for a 3rd sexual assault.

In the 2006 case, he allegedly took the woman shopping at Neiman Marcus, where he bought her a $700 dress and $250 shoes before trying to rape her in his Boston apartment. "He spent some time grooming these girls," prosecutor Suzanne Kontz said during a hearing in November. Zerola is free on $100,000 bail. He and his attorney, Janice Bassil, did not return calls seeking comment.

In the 2004 case, Zerola stands accused of repeatedly raping a woman in his apartment.
In 2006, a woman told police that after the two went out on their first date, she went back to his apartment to use the bathroom. She said that after she turned down Zerola’s sexual advances, he ripped off her dress and underwear, slammed her head against the wall and refused to let her leave. The woman dialed 911 on her cell phone and police tracked the call to Zerola’s apartment using a GPS system.

He violated bail by watching the New England Patriots defeat the Miami Dolphins in person down in Miami. Then according to Florida officials, he went hunting for a 3rd victim, 18, at a Miain Beach club.

A 3rd woman told police she had several drinks with Zerola at a club, then went to his hotel room, where Zerola stuffed pills down her throat. The woman, who told police she was a virgin, said she awoke naked and bleeding in bed beside Zerola. Zerola told police, "I never had sex with her." He would not submit to a DNA test, prosecutors said.

Zerola, whose law license has been suspended, has a website where he announces he's no longer practicing law at this time.

(Update 3-19-08) Zerola, acquitted in the rape of a 19 year old woman in January, is on trial for the rape of a second 19 year old Massachusetts woman. Opening statements were held in Suffolk Superior Court today.

(Update 3-27-08) It's zero for Zerola's prosecutors as he's acquitted of charges in the second of three cases against him. He still faces a Florida trial for an incident after a Dolphins game.

A Suffolk Superior Court jury deliberated 2 hours before returning not guilty verdicts on multiple charges of rape and supplying liquor to a minor. Zerola’s alleged victim and her family clutched each other, wracked with sobs.

The People magazine hunk-turned-hunted told the Herald he was looking forward to “spending time with my family,” but the respite could be short-lived. Zerola, 36, is scheduled to go on trial for sexual battery of a third teen in Miami Beach in late May.

(Update 6-12-08) All charges against Zerola have been dropped. Miami police give credibility issues and lies about drug use and differing versions of events as reasons the Miami charges were dropped.

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.