(Original post 8-21-09)
A math teacher accused of sexually assaulting a 17 year old boy at a Chicago West Side college preparatory school was sued by the boy's family yesterday. The suit alleges intentional infliction of emotional distress, willful and wanton misconduct, negligence and breach of fiduciary duty. Damages are over $50,000 per count, excluding court costs.
The student-athlete, an unnamed minor, was recruited and enrolled at Chicago Hope Academy, 2189 West Bowler Street in the Near West Side neighborhood on the West Side, in 2005, the suit said.
Beginning in the spring of 2008, when the boy was 16 years old, his math teacher Kathryn Vail-Wesley, 22, “publicly and privately showered Plaintiff with attention and affection,” the suit said.Vail-Wesley “would hug or touch Plaintiff on an almost daily basis during the 2007-2008 school year, and would invite Plaintiff to her home,” the suit said.
Vail-Wesley was “well-liked” by students, and the boy felt “privileged to receive attention” and looked to her as a “mentor, leader, protector and authority figure,” the suit said.
After the grooming, Vail-Wesley began making phone calls and “gratuitous inappropriate and/or intimate discussion regarding her private life and sexual history,” eventually approaching his for sex because she was fond of him and wanted to “mix [his] chocolate skin with [her] vanilla skin.” This culminated in repeated sexual encounters between August and October of 2008. The end of the relationship occurred after Vail-Wesley’s husband, a fellow teacher at the school, found his wife and the victim, physically assaulting the victim.
Vail-Wesley’s solicitation and sexual exploitation of the boy included sexual touching, kissing, intercourse and other sexual acts. It occurred in various locations, including but not limited to classrooms, passageways, the teacher’s lounge, chapel and other locations on the Academy’s premises, the suit said. Vail-Wesley explained that her sexual behavior was a “reward” for the boy’s good athletic performance for the school's football team, the suit said. She would attend the boy’s football games exclusively wearing his jersey.
Vail Wesley has been charged with 5 counts of sexual assault, with the trial still pending. The lawsuit stated that teacher student boundaries were blurred, particularly between teachers and student-athletes. The perp's sexual actions were “regular and conspicuous” and “should have been apparent” to other teachers and coaches, but "[a]cademy staff turned a blind eye to Vail-Wesley’s inappropriate attention.”
The lawsuit says that school administrators, teachers, and coaches began to intimidate the victim, culminating after the administration gave the boy a choice to either withdraw or be expelled from Chicago Hope, disrupting both his academic and athletic careers.
(1-14-11 - guilty plea to lesser charges) Vail-Wesley was sentenced to 2 years of sex offender probation Wednesday, January 12, 2011 after pleading guilty to aggravated criminal sexual abuse. The other counts of sexual assault were dropped by prosecutors. Chicago Hope principal Mike Laneve said that “Chicago Hope Academy doesn’t discuss school affairs in public.”
Showing posts with label sexual abuse. Show all posts
Showing posts with label sexual abuse. Show all posts
Friday, January 14, 2011
Saturday, October 2, 2010
Female swim coach charged with sexual abuse of 17 year old girl pleads guilty, sentenced to year in jail
Sarah Blessing, a 27 year old South Plainfield, NJ woman who is a 5th grade teacher and Edison, NJ swim coach, was charged Wednesday, December 2 with sexually exploiting a 17 year old swim student at Bishop George Ahr High School. Blessing was formally charged with sexual assault, criminal sexual contact and endangering the welfare of a girl, according to Middlesex County Prosecutor Bruce Kaplan and Edison police chief Thomas Bryan.
The relationship lasted for 6 months, from June to her arrest, according to officials, and was found out when Diocese of Metuchen officials notified Edison police. The Metuchen Dioscese fired Blessing from her swim coach job, a job she held for four years. "The Diocese and Bishop Ahr High School is shocked and saddened to learn of these allegations," officials said in a statement [December 1, 2009]. We, of course, take matters of this nature very seriously."
Blessing , a 5th grade teacher at Park Middle School in Scotch Plains, was suspended from that job pending the outcome of her case. She is being held on $150,000 bond without a cash option at the Middlesex County Jail in North Brunswick. Superior Court Judge James Mulvihill has ordered that Blessing not contact her victim.
Authorities ask that anybody with information about Blessing call Investigator Raj Chopra of the prosecutor’s office at (732) 745-3600, or Edison police detectives Michael Michalski or Tim Farrell at (732) 248-7525.
(Update 8-6-10) Blessing plead guilty yesterday to criminal sexual contact and witness tampering in front of MIddlesex County Judge Judge Joseph Paone, according to prosecutors. She must forfeit her teaching certificate and the right to hold public sector jobs in New Jersey. Blessing must also undergo mental health treatment and have no contact with the victim or girls under 18 without supervision.
She is expected to be sentenced to a year in jail when Judge Paone formally sentences Blessing on September 30.
(Update 10-2-10) Blessing was sentenced to 364 days in jail and 5 years probation September 30, 2010 by Judge Paone. At the sentencing hearing, Assistant Middlesex County Prosecutor Christie Bevacqua said that Blessing met the victim during a troubled period for the girl. The victim's mother asked Blessing to "watch out for her," but instead Blessing "took my daughter's innocence away." ""The betrayal of trust is a huge thing here," said Bevacqua.
Before the sentencing Blessing read a statement saying "I wasn't manipulative. It wasn't predatory. I had feelings for this person."
Blessing will not be allowed to have any contact with the victim or any unsupervised contact with females under the age of 18 and must undergo mental health counseling. Under the sentence, she can no longer teach and will be barred from holding public employment in New Jersey.
Blessing faced a maximum sentence of a decade behind bars. Criminal sexual contact is a felony which lands one on the sex offender list for life under New Jersey's Megan's Law.
Taken from a New Jersey lawyer's site:
Criminal sexual contact is a third degree charge and if a person is convicted of this crime they will face 3 to 5 years in prison, and serious fines. Additionally, the person will be required to register under New Jersey's Megan's law which is a lifelong notification system in which the local community where the offender lives is provided with his personal information and details about the crime for which he was convicted.
Saturday, November 21, 2009
Woman who molested male "friend" avoids SO registration with plea deal
A Longmont, CO woman who raped her male "friend" was found guilty of the attack, but won't be forced to register as a sex offender. 54 year old Janice McCarl plead guilty to menacing and 3rd degree assault, down from charges of sexual assault that could have put her behind bars for as much as 16 years.
The attack took place in early November last year, when McCarl and the victim, days before his 50th birthday, after a barbecue. The victim, who had had sex with the suspect before, fell asleep around 10PM. He woke up, and felt his butt hurt and the perp molesting him, according to the police report. He could'nt move and McCarl told the victim to go back to sleep.
The next morning, she woke up with a hand cut, presumably from when she had her hand inside his butt. They had coffee and McCarl went home. Two days later, the victim called his perp, whoi admitted that she had molested and drugged him. She admitted that her conduct was "mean, nasty, and disgusting" and apologized to him.
McCarl faces 5 years in prison when sentenced in January. The victim believes that she should have been required to register as a sex offender, according to Prosecutor Catrina Weigel.
The attack took place in early November last year, when McCarl and the victim, days before his 50th birthday, after a barbecue. The victim, who had had sex with the suspect before, fell asleep around 10PM. He woke up, and felt his butt hurt and the perp molesting him, according to the police report. He could'nt move and McCarl told the victim to go back to sleep.
The next morning, she woke up with a hand cut, presumably from when she had her hand inside his butt. They had coffee and McCarl went home. Two days later, the victim called his perp, whoi admitted that she had molested and drugged him. She admitted that her conduct was "mean, nasty, and disgusting" and apologized to him.
McCarl faces 5 years in prison when sentenced in January. The victim believes that she should have been required to register as a sex offender, according to Prosecutor Catrina Weigel.
Thursday, November 5, 2009
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.
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.
Saturday, October 24, 2009
Masseur with property crime history accused of fondling customer
A masseur with a history of property crimes, including 1st degree burglary, was accused of fondling and molesting a long time customer of the massage business that he worked for. The 35 year old victim claimed that Joshua Shane Beach, 25, fondled her breasts, genitals, and performed oral sex on her during the 1 1/2 hour "massage" section.
Pam Henrichs, Beach's manager, said that she wasn't awars of his criminal history, but appeared to be a legitimate - and popular masseur. "He's only been here a month and was doing good. He had a number of repeat (customers), including her. I was impressed with him and his knowledge about massage." The victim was a client of the facility for 12 years.
During questioning by detectives, Beach admitted fondling and performing oral sex with the alleged victim, apologizing to the woman for making her "uncomfortable."
Pam Henrichs, Beach's manager, said that she wasn't awars of his criminal history, but appeared to be a legitimate - and popular masseur. "He's only been here a month and was doing good. He had a number of repeat (customers), including her. I was impressed with him and his knowledge about massage." The victim was a client of the facility for 12 years.
During questioning by detectives, Beach admitted fondling and performing oral sex with the alleged victim, apologizing to the woman for making her "uncomfortable."
Rapist, killer of "girlfriend" sentenced to 20-60 years for molesting 7 year old
A convicted rapist and murderer who served prison time for killing his "girlfriend" will now spend an additional 20 to 60 years in the New Hampshire State Prison for molesting a seven year old girl. Forty-four year old George Quintero, formerly of Salem, NH was found April 1 of aggravated felonious sexual assault and felonious sexual assault for molesting a seven year old girl at his house in February 2007.
Assistant County Attorney Karen Springer said that Quintero's past needed to be taken into consideration when sentencing. "I don't think we're trying to make an analogy, but I do think this defendant picked both of these victims," she said.
The judge in Quintero's case agreed, because her statement to the perpetrator was "If ever there was a case that deserved the maximum sentence, this is the case," said Judge Tina Nadeau, who said that Quintero had a proven history of preying on adults and children.
In 1984, Quintero was in the military, stationed in Germany, when he went to his 20-year-old girlfriend's home drunk wanting her to take care of him, Springer said. When she refused, he went to a friend's home. Quintero and his friend decided to return to the woman's home and murder her, she said.
"He punched her in her face four or five times. She tried to scream, tried to yell out. He responded by slicing both sides of her neck," Springer said. "After that, he raped her and so did his friend." The two men stabbed the woman with a knife repeatedly, Springer said.
After admitting to the rape and murder, Quintero was sentenced to 27 years, but got out of prison in May 2001 after serving 17 - a decision that according to the prosecutor, led to the molestation. "Had he done 27 years, it would have taken him into 2012 and we wouldn't be here."
The girl's mother, arguing for the maximum sentence, "She is a typical 10-year-old (now) with scars for the rest of her life. (She) was a victim because of this rapist and murderer."
Richard Samdperil, Quitero's attorney, said that his client had a productive life after release from prison and may have another chance of contributing to society. "When he was released from prison, he worked, he established a new relationship with a girlfriend. He still has the ability to work and contribute to society. All that should be considered."
Salem police Sgt. Michael Kelly, the investigator in the molestation case, said "He received what he deserved for a sentence. I'm happy for the mother and father of the victim and hope they can all move on with their lives."
Assistant County Attorney Karen Springer said that Quintero's past needed to be taken into consideration when sentencing. "I don't think we're trying to make an analogy, but I do think this defendant picked both of these victims," she said.
The judge in Quintero's case agreed, because her statement to the perpetrator was "If ever there was a case that deserved the maximum sentence, this is the case," said Judge Tina Nadeau, who said that Quintero had a proven history of preying on adults and children.
In 1984, Quintero was in the military, stationed in Germany, when he went to his 20-year-old girlfriend's home drunk wanting her to take care of him, Springer said. When she refused, he went to a friend's home. Quintero and his friend decided to return to the woman's home and murder her, she said.
"He punched her in her face four or five times. She tried to scream, tried to yell out. He responded by slicing both sides of her neck," Springer said. "After that, he raped her and so did his friend." The two men stabbed the woman with a knife repeatedly, Springer said.
After admitting to the rape and murder, Quintero was sentenced to 27 years, but got out of prison in May 2001 after serving 17 - a decision that according to the prosecutor, led to the molestation. "Had he done 27 years, it would have taken him into 2012 and we wouldn't be here."
The girl's mother, arguing for the maximum sentence, "She is a typical 10-year-old (now) with scars for the rest of her life. (She) was a victim because of this rapist and murderer."
Richard Samdperil, Quitero's attorney, said that his client had a productive life after release from prison and may have another chance of contributing to society. "When he was released from prison, he worked, he established a new relationship with a girlfriend. He still has the ability to work and contribute to society. All that should be considered."
Salem police Sgt. Michael Kelly, the investigator in the molestation case, said "He received what he deserved for a sentence. I'm happy for the mother and father of the victim and hope they can all move on with their lives."
Sunday, July 26, 2009
ASShole Indy police officer sentenced to house arrest for coercing sex from 19 year old
(Original Post 8-22-08)
Anthony S. Smith, 36, was charged with rape, criminal deviate conduct, sexual misconduct, and official misconduct Thursday after a SWAT team arrested him at his home Thursday afternoon. The charges stem from allegedly sexually assaulting a 19 year old woman Friday, August 15.
Prosecutor Carl Brizzi and Indianapolis Police Chief Michael Spears held a joint news conference yesterday, stating "Things don't get much worse than this case. These allegations are horrific. ... This officer used his authority and position, allegedly, to satisfy his own desires."
According to a probable cause affidavit, Smith stopped the woman at an Eastside gas station and told her she was wanted on a warrant in a misdemeanor case involving driving without a valid license.
"I’m going to give you an option. I can lock you up, but I really don’t want to,” Smith said, according to court documents, “or you can ride with me for an hour.” The victim agreed to ride with the officer. Smith, the woman said, threatened to jail her if she did not have sex with him. Smith later admitted to having sex with the woman but said it was consensual. He denied threatening to arrest her, according to the affidavit.
IMPD Patrol Officer Anthony S. Smith, 36, was suspended without pay Monday morning, Chief Michael Spears said in a news conference Tuesday afternoon.
A woman came forward on Aug. 15, telling police Smith had assaulted her while he was on duty.
Spears would not comment on those allegations, but said that Smith had violated several police department procedures, including IMPD's ride-along policy.
"He did not devote his full attention to duty. I believe he was in violation of many other of our policies … and those, combined with the other allegations, which will be forthcoming, were enough information for me Sunday night to make the decision to immediately separate him from employment."
Smith worked nights with the Northeast District, a post he was assigned to in April of 2007, police said.
The arrests of several officers this year on charges ranging from running a prostitution ring to selling firearms to felons, drunken driving and drug trafficking have damaged the department.
Mayor Ballard said the police chief did the right thing in dismissing Smith.
"We give him the latitude to do what he thinks is the right thing to do with the cops," Ballard said. "They're seeing it. If they get out of line -- we don't want a witch hunt -- but if they're doing the wrong thing, they're going to pay the price."
(Update 8-28-08) Smith was arraigned Monday, August 25 in Marion Superior Court Judge Mark Stoner's courtroom. Judge Stoner entered not guilty pleas on his behalf and set a trial date for October 27. Wife Deidre Smith said that she loved her husband and that's he's innocent. Smith is being held on $80,000 bond. Attorney Robert Love of Ft. Wayne will represent Smith during his trial.
(Update 7-26-09) Smith was sentenced to 4 years suspended after pleading guilty. The former officer, now 37 years old, will serve another year of house arrest and won't be registered as a sex offender. The plea agreement, accepted by Judge Stoner, stipulated that while no force was used, Smith's misconduct towards the victim was unjustified.
A woman who identified herself as the young woman's mother called the sentence "a slap on the hand." The woman angrily told reporters and a court bailiff outside the courtroom that her daughter was raped. That was the original charge but after further investigation the prosecution agreed to a plea bargain on the lesser charges of sexual misconduct and official misconduct.
Smith and his attorney declined comment. Smith's mother, stepfather, pastor and former co-workers testified on his behalf. All said he has shown remorse.
Anthony S. Smith, 36, was charged with rape, criminal deviate conduct, sexual misconduct, and official misconduct Thursday after a SWAT team arrested him at his home Thursday afternoon. The charges stem from allegedly sexually assaulting a 19 year old woman Friday, August 15.
Prosecutor Carl Brizzi and Indianapolis Police Chief Michael Spears held a joint news conference yesterday, stating "Things don't get much worse than this case. These allegations are horrific. ... This officer used his authority and position, allegedly, to satisfy his own desires."
According to a probable cause affidavit, Smith stopped the woman at an Eastside gas station and told her she was wanted on a warrant in a misdemeanor case involving driving without a valid license.
"I’m going to give you an option. I can lock you up, but I really don’t want to,” Smith said, according to court documents, “or you can ride with me for an hour.” The victim agreed to ride with the officer. Smith, the woman said, threatened to jail her if she did not have sex with him. Smith later admitted to having sex with the woman but said it was consensual. He denied threatening to arrest her, according to the affidavit.
IMPD Patrol Officer Anthony S. Smith, 36, was suspended without pay Monday morning, Chief Michael Spears said in a news conference Tuesday afternoon.
A woman came forward on Aug. 15, telling police Smith had assaulted her while he was on duty.
Spears would not comment on those allegations, but said that Smith had violated several police department procedures, including IMPD's ride-along policy.
"He did not devote his full attention to duty. I believe he was in violation of many other of our policies … and those, combined with the other allegations, which will be forthcoming, were enough information for me Sunday night to make the decision to immediately separate him from employment."
Smith worked nights with the Northeast District, a post he was assigned to in April of 2007, police said.
The arrests of several officers this year on charges ranging from running a prostitution ring to selling firearms to felons, drunken driving and drug trafficking have damaged the department.
Mayor Ballard said the police chief did the right thing in dismissing Smith.
"We give him the latitude to do what he thinks is the right thing to do with the cops," Ballard said. "They're seeing it. If they get out of line -- we don't want a witch hunt -- but if they're doing the wrong thing, they're going to pay the price."
(Update 8-28-08) Smith was arraigned Monday, August 25 in Marion Superior Court Judge Mark Stoner's courtroom. Judge Stoner entered not guilty pleas on his behalf and set a trial date for October 27. Wife Deidre Smith said that she loved her husband and that's he's innocent. Smith is being held on $80,000 bond. Attorney Robert Love of Ft. Wayne will represent Smith during his trial.
(Update 7-26-09) Smith was sentenced to 4 years suspended after pleading guilty. The former officer, now 37 years old, will serve another year of house arrest and won't be registered as a sex offender. The plea agreement, accepted by Judge Stoner, stipulated that while no force was used, Smith's misconduct towards the victim was unjustified.
A woman who identified herself as the young woman's mother called the sentence "a slap on the hand." The woman angrily told reporters and a court bailiff outside the courtroom that her daughter was raped. That was the original charge but after further investigation the prosecution agreed to a plea bargain on the lesser charges of sexual misconduct and official misconduct.
Smith and his attorney declined comment. Smith's mother, stepfather, pastor and former co-workers testified on his behalf. All said he has shown remorse.
Wednesday, July 8, 2009
Brown County, OH teacher pleads to sexual assault
(Original Post 6-4-09)
Heidi Mullinnix, a married Brown County, OH teacher, is expected to resign her position today after pleading guilty to a single count of sexual battery for a relationship she had with a 17 year old student in the late winter of 2004. Mullinnx was a special ed teacher who also coached basketball, most recently the junior varsity girls level.
The now 29 year old woman admitted she had a sexual relationship with the boy back in 2004. The victim was not her student or player, and the encounters took place off campus. A Brown County Grand Jury would have heard evidence in this case, but the perp plead guilty using a "bill of particulars," admitting the facts in the potential indictment were true.
Sentencing is set for July 1, but teachers who sleep with their students are automatically registered as sexual predators in Ohio, a status which requires lifetime registration with quarterly reporting to the police.
(Update 7-8-09) A week ago today, Mullinnix was sentenced to a year in prison, despite the recommendation of community control (house arrest) sans prison time made by Brown County prosecutors. Brown County Court of Common Pleas Judge Scott. T. Gusweiler also classified Mullinnix as a tier 3 sex offender, meaning that she must register every 90 days for life as a sexual predator.
There was also confusion, according to Mullinnix's attorney Katherine M. Kelly about the plea. Kelly said that her client thought sexual battery was a Tier 2 crime, requiring registration for only 25 years, and that when she found out otherwise, was willing to plead guilty to gross sexual imposition, a crime which actually is only Tier 2.
After Judge Gusweiler denied the motion to modify the plea, Mullinnix was led off to the Ohio Reformatory for Women in Marysville, OH.
Heidi Mullinnix, a married Brown County, OH teacher, is expected to resign her position today after pleading guilty to a single count of sexual battery for a relationship she had with a 17 year old student in the late winter of 2004. Mullinnx was a special ed teacher who also coached basketball, most recently the junior varsity girls level.
The now 29 year old woman admitted she had a sexual relationship with the boy back in 2004. The victim was not her student or player, and the encounters took place off campus. A Brown County Grand Jury would have heard evidence in this case, but the perp plead guilty using a "bill of particulars," admitting the facts in the potential indictment were true.
Sentencing is set for July 1, but teachers who sleep with their students are automatically registered as sexual predators in Ohio, a status which requires lifetime registration with quarterly reporting to the police.
(Update 7-8-09) A week ago today, Mullinnix was sentenced to a year in prison, despite the recommendation of community control (house arrest) sans prison time made by Brown County prosecutors. Brown County Court of Common Pleas Judge Scott. T. Gusweiler also classified Mullinnix as a tier 3 sex offender, meaning that she must register every 90 days for life as a sexual predator.
There was also confusion, according to Mullinnix's attorney Katherine M. Kelly about the plea. Kelly said that her client thought sexual battery was a Tier 2 crime, requiring registration for only 25 years, and that when she found out otherwise, was willing to plead guilty to gross sexual imposition, a crime which actually is only Tier 2.
After Judge Gusweiler denied the motion to modify the plea, Mullinnix was led off to the Ohio Reformatory for Women in Marysville, OH.
Friday, September 26, 2008
Abuser of disabled woman gets 2 years added to sentence
A 62 year old Chippewa Falls, WI man who was the caregiver of a 37 year old developmentally disabled woman with the mental capacity of an 8 year old had his sentence increased from 6 to 8 years after an appeal of his sentence. The appeal was due to procedural guidelines not being followed.
Donald Newell was convicted in October of abusing the woman in the nursing home in which she lived. Chippewa County Assistant District Attorney Wade Newell, not related to the appellant, stated that yesterday's hearing was a procedural hearing meant to update case information.
Judge Roderick Cameron stated that a bunch of aggravated factors, including denial of the harm done by the sexual abuse, Donald's position of trust and power over his victim, and denial of the cognitive limitations of the victim, lead him to increase the prison sentence from 6 to 8 years. Newell will also serve 15 years of extended supervision, given after the end of a custodial sentence.
Donald Newell had been the 37-year-old woman's personal caregiver in 2003 when the assaults occurred. He maintained it had been a consensual relationship, although the woman had been assessed with the mental capacity of an 8-year-old child.
Donald Newell disputed claims her cognitive ability was limited, and he compared her to Helen Keller "who everyone thought was useless until someone wanted to help her."
Donald Newell told the court in his "defense" that the victim and him were having an affair, and that most politicians (And I must add, men in general!) would be in prison if affairs were illegal (which they technically are in many states.)
"Three different people knew [she] and I were having an affair, and they did nothing. They did not tell me it would be a crime. I love [her] very much still and am praying she gets freedom from the people who are still abusing her. No matter what happens today, I am still going to fight for [her]."
Prosecutor Newell stated that the defendant simply did not understand what he did wrong and that showed a lack of responsibility or remorse.
"In a lot of situations this would be a low-risk person, but he had all that going for him yet he continued to commit crime. He would not benefit from treatment because there is nothing to treat. He doesn't think he has done anything wrong. He still doesn't get it. He takes no responsibility for what he's done."
Donald Newell was convicted in October of abusing the woman in the nursing home in which she lived. Chippewa County Assistant District Attorney Wade Newell, not related to the appellant, stated that yesterday's hearing was a procedural hearing meant to update case information.
Judge Roderick Cameron stated that a bunch of aggravated factors, including denial of the harm done by the sexual abuse, Donald's position of trust and power over his victim, and denial of the cognitive limitations of the victim, lead him to increase the prison sentence from 6 to 8 years. Newell will also serve 15 years of extended supervision, given after the end of a custodial sentence.
Donald Newell had been the 37-year-old woman's personal caregiver in 2003 when the assaults occurred. He maintained it had been a consensual relationship, although the woman had been assessed with the mental capacity of an 8-year-old child.
Donald Newell disputed claims her cognitive ability was limited, and he compared her to Helen Keller "who everyone thought was useless until someone wanted to help her."
Donald Newell told the court in his "defense" that the victim and him were having an affair, and that most politicians (And I must add, men in general!) would be in prison if affairs were illegal (which they technically are in many states.)
"Three different people knew [she] and I were having an affair, and they did nothing. They did not tell me it would be a crime. I love [her] very much still and am praying she gets freedom from the people who are still abusing her. No matter what happens today, I am still going to fight for [her]."
Prosecutor Newell stated that the defendant simply did not understand what he did wrong and that showed a lack of responsibility or remorse.
"In a lot of situations this would be a low-risk person, but he had all that going for him yet he continued to commit crime. He would not benefit from treatment because there is nothing to treat. He doesn't think he has done anything wrong. He still doesn't get it. He takes no responsibility for what he's done."
Tuesday, September 16, 2008
Ohio counselor pleads guilty to sexual battery for sex with counselee
(Original Post 8-14-08)
Eugene A. Altomare, 57, plead guilty to sexual battery in Stark County Common Pleas Court after being sexually involved with a woman who is under supervision at a Massillon, OH hospital after being found guilty, but mentally ill for an arson which occurred back in 2004. Though the sex was not forced or coerced, the woman believed that the sex would mean a more favorable report when it came to treatment progress, and possible release.
Altomare didn't work for the hospital, but he was a professional clinical counselor in Lisbon and had treated the woman for several years. A Columbiana County judge placed the woman in Heartland [Behavioral Healthcare] in 2004 after finding her not guilty by reason of insanity in an aggravated arson case.
Altomare supervised the woman during trips away from the hospital. Twice they ended up at the Red Roof Inn in Jackson Township. The woman alleged that Altomare had intercourse with her on two occasions and that she performed oral sex on him once, said Assistant Stark County Prosecutor Hope Konovsky. Heartland staff asked the Ohio Highway Patrol to investigate Altomare after the allegations came to light. He admitted to state troopers that the woman performed oral sex on him twice during outings away from the hospital. He denied having intercourse with her, court papers show.
Judge Richard D. Reinbold Jr will sentence Altomare next month, and he could give Altomare anywhere from probation to 5 years. Altomare, who has surrendered his licence to practice counseling, has been classified a Tier 3 sex offender, which means lifetime registration with renewal every 90 days. Both the defendant and his lawyer did not comment.
(Update 9-16-08) Altomare was not classified as a Tier 3 SO, but a Tier 2 one, meaning registration for the next 25 years. He was placed on 4 years probation with a 3 year suspended sentence hanging over his head. Altomare must never reapply for the surrendered license and must continue SO treatment. Altomare felt a "tremendous amount of remorse for the victim, her relatives, and his family" before sentencing.
Eugene A. Altomare, 57, plead guilty to sexual battery in Stark County Common Pleas Court after being sexually involved with a woman who is under supervision at a Massillon, OH hospital after being found guilty, but mentally ill for an arson which occurred back in 2004. Though the sex was not forced or coerced, the woman believed that the sex would mean a more favorable report when it came to treatment progress, and possible release.
Altomare didn't work for the hospital, but he was a professional clinical counselor in Lisbon and had treated the woman for several years. A Columbiana County judge placed the woman in Heartland [Behavioral Healthcare] in 2004 after finding her not guilty by reason of insanity in an aggravated arson case.
Altomare supervised the woman during trips away from the hospital. Twice they ended up at the Red Roof Inn in Jackson Township. The woman alleged that Altomare had intercourse with her on two occasions and that she performed oral sex on him once, said Assistant Stark County Prosecutor Hope Konovsky. Heartland staff asked the Ohio Highway Patrol to investigate Altomare after the allegations came to light. He admitted to state troopers that the woman performed oral sex on him twice during outings away from the hospital. He denied having intercourse with her, court papers show.
Judge Richard D. Reinbold Jr will sentence Altomare next month, and he could give Altomare anywhere from probation to 5 years. Altomare, who has surrendered his licence to practice counseling, has been classified a Tier 3 sex offender, which means lifetime registration with renewal every 90 days. Both the defendant and his lawyer did not comment.
(Update 9-16-08) Altomare was not classified as a Tier 3 SO, but a Tier 2 one, meaning registration for the next 25 years. He was placed on 4 years probation with a 3 year suspended sentence hanging over his head. Altomare must never reapply for the surrendered license and must continue SO treatment. Altomare felt a "tremendous amount of remorse for the victim, her relatives, and his family" before sentencing.
Saturday, September 13, 2008
"Butcher of Bega" charged with assaulting patients
Australian doctor charged with assaulting patients
By KRISTEN GELINEAU Associated Press Writer
Posted: Wednesday, Sep. 10, 2008
SYDNEY, Australia A former gynecologist was arrested Wednesday in Australia on charges that he sexually assaulted several patients and mutilated the genitals of at least one of them during surgery, authorities said.
Graeme Reeves, 58, was arrested in Sydney following an investigation into 113 allegations of misconduct involving at least 10 patients between 2001 and 2003 in Sydney and the southern New South Wales town of Bega.
Reeves, dubbed the "Butcher of Bega" by the Australian media, was charged with nine counts of aggravated sexual assault, six counts of indecent assault, one count of female genital mutilation and one count of maliciously inflicting grievous bodily harm.
He faces life in prison if convicted on all charges.
Reeves appeared briefly in court Wednesday but did not enter a plea. His lawyer, Greg Murray, argued for bail, but Parramatta Local Court Magistrate James Garbett rejected the request, calling the former doctor a flight risk. Reeves' next court appearance is scheduled for Nov. 5.
A message left on Murray's mobile phone seeking comment was not immediately returned.
Child Protection and Sex Crimes Squad Superintendent John Kerlatec said in a statement that the charges filed against Reeves "are a testament of the courage demonstrated by these women who have bravely come forward to report such traumatic events."
One patient, who underwent surgery in 2002 to remove a lesion from her labia, told reporters earlier this year that as she was falling asleep from general anesthesia before the operation, Reeves whispered to her that he planned to remove her clitoris. The woman said all her external genitalia were removed during the operation.
Reeves was appointed as a visiting medical officer in obstetrics and gynecology at Sydney's Hornsby Ku-ring-gai Hospital in 1985. Over the next 15 years, 35 complaints were lodged against him by co-workers and patients, including accusations that he bullied staff and failed to offer patients proper anesthesia and pain relief during procedures.
In 1997, a professional standards committee of the state's medical board held an inquiry into
Reeves' conduct after one of his patients died of septicemia after giving birth because he refused to give her antibiotics. The board found him guilty of unsatisfactory professional conduct and ordered him to stop practicing obstetrics - though he was allowed to continue working as a doctor at various hospitals.
Reeves also was ordered to receive psychiatric treatment after the board determined he suffered from personality problems and depression that impaired his ability to practice medicine.
But Reeves continued to practice obstetrics. In 2004, his license was revoked for defying the board's orders.
Police declined to release additional details of the allegations against Reeves.
By KRISTEN GELINEAU Associated Press Writer
Posted: Wednesday, Sep. 10, 2008
SYDNEY, Australia A former gynecologist was arrested Wednesday in Australia on charges that he sexually assaulted several patients and mutilated the genitals of at least one of them during surgery, authorities said.
Graeme Reeves, 58, was arrested in Sydney following an investigation into 113 allegations of misconduct involving at least 10 patients between 2001 and 2003 in Sydney and the southern New South Wales town of Bega.
Reeves, dubbed the "Butcher of Bega" by the Australian media, was charged with nine counts of aggravated sexual assault, six counts of indecent assault, one count of female genital mutilation and one count of maliciously inflicting grievous bodily harm.
He faces life in prison if convicted on all charges.
Reeves appeared briefly in court Wednesday but did not enter a plea. His lawyer, Greg Murray, argued for bail, but Parramatta Local Court Magistrate James Garbett rejected the request, calling the former doctor a flight risk. Reeves' next court appearance is scheduled for Nov. 5.
A message left on Murray's mobile phone seeking comment was not immediately returned.
Child Protection and Sex Crimes Squad Superintendent John Kerlatec said in a statement that the charges filed against Reeves "are a testament of the courage demonstrated by these women who have bravely come forward to report such traumatic events."
One patient, who underwent surgery in 2002 to remove a lesion from her labia, told reporters earlier this year that as she was falling asleep from general anesthesia before the operation, Reeves whispered to her that he planned to remove her clitoris. The woman said all her external genitalia were removed during the operation.
Reeves was appointed as a visiting medical officer in obstetrics and gynecology at Sydney's Hornsby Ku-ring-gai Hospital in 1985. Over the next 15 years, 35 complaints were lodged against him by co-workers and patients, including accusations that he bullied staff and failed to offer patients proper anesthesia and pain relief during procedures.
In 1997, a professional standards committee of the state's medical board held an inquiry into
Reeves' conduct after one of his patients died of septicemia after giving birth because he refused to give her antibiotics. The board found him guilty of unsatisfactory professional conduct and ordered him to stop practicing obstetrics - though he was allowed to continue working as a doctor at various hospitals.
Reeves also was ordered to receive psychiatric treatment after the board determined he suffered from personality problems and depression that impaired his ability to practice medicine.
But Reeves continued to practice obstetrics. In 2004, his license was revoked for defying the board's orders.
Police declined to release additional details of the allegations against Reeves.
Wednesday, August 27, 2008
Milwaukee teacher sentenced to 25 DAYS in jail, 2 years probation
Kelly Marie Sweet, 27, a former St. Francis, WI math teacher, was sentenced to 25 days in the Milwaukee County jail and 2 years probation by Milwaukee County Circuit Judge Patricia McMahon yesterday. She also has to register as a SO for the duration of her probation, and her teaching certificate was permanently revoked. Judge McMahon admonished Sweet, saying, “You were in position to protect and guide, to keep your students safe.”
Assistant District Attorney Paul Tiffin told McMahon that Sweet and the victim became friendly after the boy broke his foot. He spent extra time in her classroom. With his parents’ permission, they had dinner together. Twice they went to her downtown Milwaukee condominium to watch movies.
The second time they went to her apartment — March 9 — Sweet joined the boy on her couch. They kissed. As the situation grew more sexual, the boy asked to be taken home. Sweet complied. [Note – the apartment is in the former Blatz brewery building, now converted to condoes and apartments. It is 3 blocks north of where I work.]
Both the victim’s grandmother and father spoke during the hearing while the boy’s mother, her face bright red, sat in the back of the courtroom and wept.
The boy, an eighth-grader, was forced to switch schools in the final months of the school year, they said, leaving behind not only friends, but also academic and athletic awards he had earned. They said that has been followed by whispers and innuendo. They said the once outgoing boy is now withdrawn, mistrustful and too embarrassed to leave his house.
The grandmother asked, “He wonders how to go on with the rest of his life - Why did you forever change our lives?” Her son, the boy’s father, said, “What she did is take our son’s innocence away.”
The plea deal that Sweet made lived up to her name, because the original charge was 2nd degree sexual assault of a child, punishable by up to 40 years in prison. Her final charge was 4th degree sexual assault, a misdemeanor. Perhaps her current status as a paralegal at her father’s law firm has something to do with it.
Her attorney, Robert J. Lerner, told McMahon stated that the assault had worse of an impact on his client that the victim, a statement which stunned the boy’s family. The condo where the assault occurred is still owned by Sweet, but she lives in Jefferson County, between Milwaukee and Madison.
Assistant District Attorney Paul Tiffin told McMahon that Sweet and the victim became friendly after the boy broke his foot. He spent extra time in her classroom. With his parents’ permission, they had dinner together. Twice they went to her downtown Milwaukee condominium to watch movies.
The second time they went to her apartment — March 9 — Sweet joined the boy on her couch. They kissed. As the situation grew more sexual, the boy asked to be taken home. Sweet complied. [Note – the apartment is in the former Blatz brewery building, now converted to condoes and apartments. It is 3 blocks north of where I work.]
Both the victim’s grandmother and father spoke during the hearing while the boy’s mother, her face bright red, sat in the back of the courtroom and wept.
The boy, an eighth-grader, was forced to switch schools in the final months of the school year, they said, leaving behind not only friends, but also academic and athletic awards he had earned. They said that has been followed by whispers and innuendo. They said the once outgoing boy is now withdrawn, mistrustful and too embarrassed to leave his house.
The grandmother asked, “He wonders how to go on with the rest of his life - Why did you forever change our lives?” Her son, the boy’s father, said, “What she did is take our son’s innocence away.”
The plea deal that Sweet made lived up to her name, because the original charge was 2nd degree sexual assault of a child, punishable by up to 40 years in prison. Her final charge was 4th degree sexual assault, a misdemeanor. Perhaps her current status as a paralegal at her father’s law firm has something to do with it.
Her attorney, Robert J. Lerner, told McMahon stated that the assault had worse of an impact on his client that the victim, a statement which stunned the boy’s family. The condo where the assault occurred is still owned by Sweet, but she lives in Jefferson County, between Milwaukee and Madison.
Wednesday, August 6, 2008
Suburban Chicago wife rapist bound over for civil commitment trial
An Illinois man who was scheduled to be released July 3 will be held for a civil commitment trial as a sexual predator for the rape of his then wife. DuPage Circuit Judge Kenneth Popejoy determined that enough evidence suggesting that Jeremy Schloss, 27, may be a sex predator exists to continue to hold his past the end of his sentence.
Schloss pleaded guilty to aggravated criminal sexual abuse for a Feb. 2, 2005, arrest in which his then-wife accused him of trying to rape her in their Wheaton apartment after she had rejected his sexual advances.
Initially, Schloss was placed on 36 months' probation in which he was required to undergo sex offender and alcohol treatment. On Nov. 1, 2005, he was resentenced to seven years in prison after he violated terms of his probation by repeatedly calling the woman, with whom he was ordered not to have any contact.
At the sentencing hearing, his former wife told the judge Schloss was an abusive alcoholic.
"Even with moving to a new place, I do not feel safe in my house," she said. "I am afraid that he will find me, hurt me and take (our son). Every little sound I hear scares me."
Two years earlier, in 2003, police arrested Schloss on criminal sexual abuse charges in Streamwood on suspicion he inappropriately touched a teenage girl. Schloss pleaded guilty to a lesser charge of battery and was sentenced to 30 days in jail.
Joelle Marasco, an assistant Illinois attorney general, stated that a psychologist hired by the state stated that Schloss needs to stay locked up and get sex offender treatment in Rushville until he’s safe to release into the community.
But defense attorney Neil J. Levine challenged the expert's findings, which he argued where based on inaccurate data. For example, Levine said the expert found Schloss had two sex offenses in his history but the first one was reduced to a battery charge.
"He's not dangerous to society," Levine said. "It's arbitrary and capricious to classify (the first offense) as sexual."
Illinois’ civil commitment law has led to the commitment of 215 sexual offenders beyond their sentence expiration for further treatment. It was passed 10 years ago, and has been challenged, but never overturned. 18 other states have similar laws. Schloss is due back in court later this year.
Schloss pleaded guilty to aggravated criminal sexual abuse for a Feb. 2, 2005, arrest in which his then-wife accused him of trying to rape her in their Wheaton apartment after she had rejected his sexual advances.
Initially, Schloss was placed on 36 months' probation in which he was required to undergo sex offender and alcohol treatment. On Nov. 1, 2005, he was resentenced to seven years in prison after he violated terms of his probation by repeatedly calling the woman, with whom he was ordered not to have any contact.
At the sentencing hearing, his former wife told the judge Schloss was an abusive alcoholic.
"Even with moving to a new place, I do not feel safe in my house," she said. "I am afraid that he will find me, hurt me and take (our son). Every little sound I hear scares me."
Two years earlier, in 2003, police arrested Schloss on criminal sexual abuse charges in Streamwood on suspicion he inappropriately touched a teenage girl. Schloss pleaded guilty to a lesser charge of battery and was sentenced to 30 days in jail.
Joelle Marasco, an assistant Illinois attorney general, stated that a psychologist hired by the state stated that Schloss needs to stay locked up and get sex offender treatment in Rushville until he’s safe to release into the community.
But defense attorney Neil J. Levine challenged the expert's findings, which he argued where based on inaccurate data. For example, Levine said the expert found Schloss had two sex offenses in his history but the first one was reduced to a battery charge.
"He's not dangerous to society," Levine said. "It's arbitrary and capricious to classify (the first offense) as sexual."
Illinois’ civil commitment law has led to the commitment of 215 sexual offenders beyond their sentence expiration for further treatment. It was passed 10 years ago, and has been challenged, but never overturned. 18 other states have similar laws. Schloss is due back in court later this year.
Tuesday, July 29, 2008
Provo, UT man sentenced for sex with disabled woman
A Provo, UT man was sentenced to up to 5 years in prison for having sex with a woman with spina bifida who had the "understanding of a teenager," according to court documents.
A charge of first-degree felony rape was dismissed against Jessie Ervin Dodds as part of a plea deal, and the charge of attempted forcible sexual abuse was reduced from a second-degree to a third-degree felony. Dodds, 30, admitted after his June 1 arrest to having sexual intercourse with a woman who he said ''may not have been able to understand what was happening,'' according to a police affidavit.
Dodds, a longtime family friend, raped the woman May 30. He was on probation for 3rd degree felony forgery and theft, but the new charges will be served concurrently, not consecutively with the 0 to 5 year sentences for the other convictions reinstated due to the probation violation.
A charge of first-degree felony rape was dismissed against Jessie Ervin Dodds as part of a plea deal, and the charge of attempted forcible sexual abuse was reduced from a second-degree to a third-degree felony. Dodds, 30, admitted after his June 1 arrest to having sexual intercourse with a woman who he said ''may not have been able to understand what was happening,'' according to a police affidavit.
Dodds, a longtime family friend, raped the woman May 30. He was on probation for 3rd degree felony forgery and theft, but the new charges will be served concurrently, not consecutively with the 0 to 5 year sentences for the other convictions reinstated due to the probation violation.
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