One of two men who were found guilty of raping a woman with a live snake last fall was sentenced to 25 years imprisonment by Eau Claire County Judge Paul Lenz on Tuesday, May 24, 2011. 24 year old John Bullock, of Altoona, earned the sentence after a jury convicted him and 25 year old Damonta Jones of Eau Claire, WI of two counts of 1st degree sexual assault last month.
According to the criminal complaint:
The woman told police she was at Jones' residence in the early morning hours of Nov. 11 with Jones, Bullock and two friends.The group was drinking alcohol and dancing. At one point, one of the friends left the residence while the second went to take a shower. Jones then invited the woman into a bedroom to see his children's pictures.
When she walked into the bedroom the woman said she was struck in the head with an unknown object and thrown on the floor before blacking out. The woman said she remembered Jones holding her while Bullock sexually assaulted her. She said she later was sexually assaulted with a live snake.
Bullock told police he had sexual contact with the woman but that it was consensual.
Besides 25 years imprisonment, Bullock will spend the rest of his life on extended supervision and the sex offender registry. He must stay away from the victim, Jones, minors, taverns, and alcohol. He also can't own pets.
The 25 year sentence falls in line with the pre-sentence investigation prepared by the Wisconsin Department Of Corrections, which recommended a 20-40 year sentence, but under Eau Claire County Assistant District Attorney Meri Larson's 30-40 year sentence suggestion. According to Larson, Bullock "attacked a defenseless woman in the most degrading way he and Mr. Jones could think of" and that Bullock "is a great threat to the community."
Before sentencing, Bullock said "I can't apologize about a crime I did not commit...My case is a case ... of media sensationalism and police misconduct. My case has been built on a foundation of lies. I am not a man that sexually assaults women."
Judge Lenz disagreed, saying "Just when you think you've seen every kind of depravity that comes into the mind of a man, there comes along another one."
Jones, still being held on $30,000 bail in the Eau Claire County Jail, will be sentenced August 3 after a pre-sentence investigation is run on him. Both Bullock and Jones have appealed their convictions.
Showing posts with label sexual assault. Show all posts
Showing posts with label sexual assault. Show all posts
Wednesday, May 25, 2011
Saturday, May 7, 2011
Former Houston officer sentenced to 6 years jail for coercing prostitute into sex
A former Houston police officer was convicted, then sentenced to 6 years imprisonment for raping two prostitutes while on duty. 26 year old Demetrie Trevail Dixon, 26 was convicted by a Harris county jury on two counts of sex assault Tuesday, May 3, 2011. The conviction stems from charges that two prostitutes had been coerced into performing oral sex by Dixon while he was on duty.
While Harris County Prosecutor Prosecutor Matthew Peneguy asked for the maximum of 20 years behind bars for "using the badge to coerce" sex, Dixon's defense attorney said "We don't need to warehouse this guy, he needs help," but the jury disagreed.
Dixon sill faces sexual assault charges for raping the other prostitute, and faces two misdemeanor allegations that he forced two other women, one of them an undercover police officer, to submit to strip searches under threat of jail.
Dixon was sworn in as an HPD officer in January 2009. He was arrested June 4 and terminated after an internal investigation Jan. 7 [2011].The north Houston division patrol officer was charged last year with four felony counts of sexual assault and two misdemeanor counts of official oppression.
Internal affairs investigators said Dixon stalked several women while on duty then took them to a secluded area to strip-search them. Prosecutors said he raped two of the women twice over a three-month period. After more than a week of trial and about two hours of deliberating, Dixon was sentenced for raping one of the women twice.
Internal affairs investigators said Dixon stalked several women while on duty then took them to a secluded area to strip-search them. Prosecutors said he raped two of the women twice over a three-month period. After more than a week of trial and about two hours of deliberating, Dixon was sentenced for raping one of the women twice.
While Harris County Prosecutor Prosecutor Matthew Peneguy asked for the maximum of 20 years behind bars for "using the badge to coerce" sex, Dixon's defense attorney said "We don't need to warehouse this guy, he needs help," but the jury disagreed.
Dixon sill faces sexual assault charges for raping the other prostitute, and faces two misdemeanor allegations that he forced two other women, one of them an undercover police officer, to submit to strip searches under threat of jail.
Friday, April 22, 2011
Nurse guilty of sexually assaulting women and girls at medical offices in suburban Atlanta
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.
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.
Wednesday, April 13, 2011
Hamersville, OH man sentenced to 2 years imprisonment, lifetime Tier 3 SO registration for sex with drunk woman
A Hamersville, OH man who sexually battered a woman during a party on Halloween 2010 was sentenced to a mandatory 2 years imprisonment and Tier III sex offender registration in the Brown County Court of Common Pleas on April 7, 2011.
38 year old Marlon Scott Schauer plead guilty to a single count of sexual battery, down from two charges of rape for the incident, which took place last fall. Assistant Prosecutor Steve Purtell said that the charges involved a woman who wastoo drunk to give meaningful consent to sex, and who may have also been asleep.
Court of Common Pleas Judge Scott Gusweiler accepted the plea and sentencing recommendation, and noted during the hearing that the case files do not reflect any prior criminal charges in Schauer's history.
The two year sentence is mandatory and cannot be shortened by early or judicial release, Gusweiler told Schauer Thursday. As part of the plea, Schauer also relinquished his right to appeal to the 12th District court of Appeals, the judge said.
Five years of mandatory post-release control are also included in the sentence, and Schauer will be permanently considered a Tier III sex offender for the remainder of his life. Tier III is the most serious of Ohio's sexual offender designations, and after his release from prison Schauer will be required to register, in person with the sheriff of the county in which he lives, works or goes to school. Tier III offenders like Schauer are also required to provide other identifying information, including mobile phone numbers and email addresses, with law enforcement, Gusweiler said.
Defense attorney Kenneth Miller said that Schauer's wife has remained by her husband's side dispite the nature of the charges, and that his client showed "a great deal of remorse," during the sentencing. Miller said that his client's Valentines' Day 2011 suicide attempt, leading to hospitalization and a mental evaluation, stemmed from genuine guilt, and was not an attempt to delay court proceedings.
38 year old Marlon Scott Schauer plead guilty to a single count of sexual battery, down from two charges of rape for the incident, which took place last fall. Assistant Prosecutor Steve Purtell said that the charges involved a woman who wastoo drunk to give meaningful consent to sex, and who may have also been asleep.
Court of Common Pleas Judge Scott Gusweiler accepted the plea and sentencing recommendation, and noted during the hearing that the case files do not reflect any prior criminal charges in Schauer's history.
The two year sentence is mandatory and cannot be shortened by early or judicial release, Gusweiler told Schauer Thursday. As part of the plea, Schauer also relinquished his right to appeal to the 12th District court of Appeals, the judge said.
Five years of mandatory post-release control are also included in the sentence, and Schauer will be permanently considered a Tier III sex offender for the remainder of his life. Tier III is the most serious of Ohio's sexual offender designations, and after his release from prison Schauer will be required to register, in person with the sheriff of the county in which he lives, works or goes to school. Tier III offenders like Schauer are also required to provide other identifying information, including mobile phone numbers and email addresses, with law enforcement, Gusweiler said.
Defense attorney Kenneth Miller said that Schauer's wife has remained by her husband's side dispite the nature of the charges, and that his client showed "a great deal of remorse," during the sentencing. Miller said that his client's Valentines' Day 2011 suicide attempt, leading to hospitalization and a mental evaluation, stemmed from genuine guilt, and was not an attempt to delay court proceedings.
Saturday, September 25, 2010
Bangor, ME woman gets six years for scalding, sexually assaulting man
The 43-year-old man, who is not being identified by the Bangor Daily News, was passed out at a party at Smith’s First Street apartment in Bangor. In addition to suffering second-degree burns on his back, the man’s bowel was perforated, according to court documents. The victim also suffered a broken ankle when Smith and another man moved him to his apartment. He was hospitalized for more than a month, according to previous reports.
Superior Court Justice William Anderson sentenced Smith to 18 years in prison with six to serve and four years probation afterwards. Penobscot County district attorney Michael Roberts and defense attorney David Bate agreed on the 18 year sentence, but Roberts believe only 6 years of the sentence should be suspended. Bate did not give a sentencing recommendation.
Just before the sentencing, Smith said “I am truly sorry for the pain and suffering I caused. I truly, truly am sorry for all that you have been through.” The victim was not present during Smith's sentencing. Smith also tried to partially excuse herself by claiming the attack was due to her alcoholism.
The following is Judge Anderson's sentencing statement. “Although this was a barbaric and depraved act, I can’t conclude it was done for sexual gratification as the statute defines the crime. It seems to have begun as a cruel, painful and degrading prank. The person who did it was not really aware of how horribly painful this was going to be to the victim. There’s absolutely no reason in the world for this to have happened.”
Smith will be credited for the time she has served in the Penobscot County Jail. After release, she will have to register as a sex offender for a decade.
Monday, September 13, 2010
Couple abuse developmentally disabled woman for 13 years starting when she was 14 - Woman sentenced to 40 years
(Original Post 5-10-08)
Sgt. Linda Cook, a Muncie, IN detective, is calling the case of a couple who has allegedly sexually abused a 27 year old developmentally disabled woman for the past 13 years a "most bizarre case." Duane Tackett, 48, and his wife Patricia, 47, are charged with sexually abusing the developmentally disabled woman.
Sgt. Linda Cook, a Muncie, IN detective, is calling the case of a couple who has allegedly sexually abused a 27 year old developmentally disabled woman for the past 13 years a "most bizarre case." Duane Tackett, 48, and his wife Patricia, 47, are charged with sexually abusing the developmentally disabled woman.
"It started here in Muncie when the girl was 14. She's presently 27. We believe they lived in Muncie for the first two years of this abuse then moved to Salyersville, Kentucky," said Sgt. Linda Cook, Muncie police.
The Tacketts had recently moved to a Muncie neighborhood from Kentucky. When a relative asked the victim why she was wearing a birth control patch, the woman told of the history of abuse and the relative then called police.
Police say Patricia Tackett and the victim were living in a home on Hodson Street with Duane Tackett still in Kentucky. Police records describe a regular patten of sexual abuse by both suspects. Investigators say the victim has the mental capacity of a child.
"We're looking at adding at least one rape count to each defendant because of the mental capacity of the victim," said Mark McKinney, Delaware County prosecutor.
"I believe it may have become part of her life and maybe it was accepted. She definitely tells me she doesn't want to do it anymore and doesn't like the people that did this to her."
The break in the case occured when the victim told an aunt that Duane Tackett repeatedly had sex with her for the past 13 years. Duane Tackett was persuaded to return to Indiana to face the sex charges according to Cook. Underlying issues regarding the abuse include not wanting the woman to "date" other men.
Patricia Ann Tackett, 47, 124 1/2 N. Hodson St., was arrested this week on a preliminary charge of sexual misconduct with a minor.
Her husband, Duane Ray Tackett, 48, was taken into custody Wednesday, preliminarily charged with sexual misconduct with a minor, criminal deviate conduct and child solicitation. They were being held without bond in the Delaware County jail late Wednesday.
Formal charges the Tacketts face may also include rape, as mentioned above. They are being held without bond and face Kentucky charges as well.
(Update 9-13-10) Patricia Tackett was sentenced to 40 years in prison August 24 by Judge Marianne Vorhees in Delaware Circuit Court 1. Judge Vorhees believed that Patricia Tackett's crimes were "very disturbing, almost beyond belief," and merited a term of as much as 60 years behind bars.
A Delaware County Circuit Court 1 jury found her guilty July 28 of rape, sexual misconduct with a minor, and child solicitation. Child solicitation is a Class D felony carrying a standard 1 1/2 year sentenced - the other felonies are Class B felonies with a standard 10 year sentence. Testimony said that the Tacketts both participated in assults on the woman lasting for at least 14 years.
"The details of this crime are shocking," said Chief Deputy Prosecutor Jeffrey Arnold, who recommended a 38-year sentence.
Defense attorney Kelly Bryan suggested a 10-year sentence with four years suspended, asking the judge to consider "a certain element of provocation and control here, at the hands of her spouse."
[P]robation officer Teresa Brown told the judge that in a pre-sentence interview, Tackett had expressed little remorse for her actions, instead blaming a family member who had learned of the sexual abuse and alerted authorities.
"Not only did she not take responsibility for this crime, she's still having continuous contact with Duane Tackett, who's coming to see her at the jail," Brown said. Brown said the victim -- now 30 and described as having the mental capacity of an 8-year-old -- had told her the Tacketts "should be made to stop so that they won't hurt anyone else, and stay in jail."
At the sentencing hearing, Patricia Tackett said to the victim, who was not present, "I feel so hurt because I let you down...Please forgive me for all I have done." Judge Vorhees, for her part, said that "I believe in my heart she knew exactly what was going on and she knew it was wrong," the judge said. "And she did nothing to stop it." As for her expression of remorse, it was, in Vorhees' opinion, "way too little, (and) way, way, way too late, probably 14, 15, 16 years too late."
(Update 9-13-10) Patricia Tackett was sentenced to 40 years in prison August 24 by Judge Marianne Vorhees in Delaware Circuit Court 1. Judge Vorhees believed that Patricia Tackett's crimes were "very disturbing, almost beyond belief," and merited a term of as much as 60 years behind bars.
A Delaware County Circuit Court 1 jury found her guilty July 28 of rape, sexual misconduct with a minor, and child solicitation. Child solicitation is a Class D felony carrying a standard 1 1/2 year sentenced - the other felonies are Class B felonies with a standard 10 year sentence. Testimony said that the Tacketts both participated in assults on the woman lasting for at least 14 years.
"The details of this crime are shocking," said Chief Deputy Prosecutor Jeffrey Arnold, who recommended a 38-year sentence.
Defense attorney Kelly Bryan suggested a 10-year sentence with four years suspended, asking the judge to consider "a certain element of provocation and control here, at the hands of her spouse."
[P]robation officer Teresa Brown told the judge that in a pre-sentence interview, Tackett had expressed little remorse for her actions, instead blaming a family member who had learned of the sexual abuse and alerted authorities.
"Not only did she not take responsibility for this crime, she's still having continuous contact with Duane Tackett, who's coming to see her at the jail," Brown said. Brown said the victim -- now 30 and described as having the mental capacity of an 8-year-old -- had told her the Tacketts "should be made to stop so that they won't hurt anyone else, and stay in jail."
At the sentencing hearing, Patricia Tackett said to the victim, who was not present, "I feel so hurt because I let you down...Please forgive me for all I have done." Judge Vorhees, for her part, said that "I believe in my heart she knew exactly what was going on and she knew it was wrong," the judge said. "And she did nothing to stop it." As for her expression of remorse, it was, in Vorhees' opinion, "way too little, (and) way, way, way too late, probably 14, 15, 16 years too late."
Saturday, July 3, 2010
Prison teacher's aide charged with sexual activity with inmates
A teacher's assistant who had 6 years on the job at a New Jersey prison for sex offenders was charged with 5 counts of sexual assault, official misconduct, and drug distribution. Joy R. Black, 32 of Irvington, NJ was charged with incidents at the East Jersey State Prison in Avenel, NJ which occured between November 2009 and June 2010, according to investigation. Black allegedly had sex with 5 inmates in prison classrooms and smuggled marijuana and cocaine inside the prison for use by two of those inmates.
Black has worked at the prison in the Avenel section of Woodbridge since June 12, 2004. Anyone with information on the case is asked to contact Sgt. Randi Colatrella or Investigator Melissa Terpanick of the Middlesex County Prosecutor's Office at (732) 745-3600, or senior investigators Chris Birardi or Kevin Koch of the Special Investigations Unit of the prison at (732) 499-5003.Woodbridge police assisted in the investigation.
Black was arrested at the prison June 30, 2010 and is currently facing a decade in prison, sex offender registration for life, and a lifetime ban on New Jersey public employment. She is being held at the Middlesex County Adult Correction Center in North Brunswick.
Black has worked at the prison in the Avenel section of Woodbridge since June 12, 2004. Anyone with information on the case is asked to contact Sgt. Randi Colatrella or Investigator Melissa Terpanick of the Middlesex County Prosecutor's Office at (732) 745-3600, or senior investigators Chris Birardi or Kevin Koch of the Special Investigations Unit of the prison at (732) 499-5003.Woodbridge police assisted in the investigation.
Black was arrested at the prison June 30, 2010 and is currently facing a decade in prison, sex offender registration for life, and a lifetime ban on New Jersey public employment. She is being held at the Middlesex County Adult Correction Center in North Brunswick.
Tuesday, June 29, 2010
Northwest Territories sex assault case criticized as being too lenient - CBC
A Northwest Territories court ruling, in which a man was spared jail time for sexual assault, has been criticized by a women's rights advocate who says victims should be protected first. Late last week, a Fort Smith, N.W.T., man was sentenced to one year of probation after he pleaded guilty to sexually assaulting a woman in the summer of 2008. The man was 17 years old at the time of the incident, and cannot be named under the Youth Criminal Justice Act.
His lawyer, Abdul Khan, told CBC News that territorial court Judge Garth Malakoe had no choice but to keep his client out of jail, since there was no evidence of a violent assault or lasting physical or mental harm.
The court heard Thursday that the man, who was intoxicated, groped a young woman who was unconscious. The incident involved no intercourse and she was not injured, the court was told. The woman later woke up in hospital, recovering from alcohol poisoning, and had no memory of the assault, the court was told.
Crown prosecutors had called for a jail term of up to nine months, arguing that the victim had suffered psychological harm. However, Malakoe pointed out that the woman only learned of the sexual assault after she had woken up in hospital. Conditions of the man's sentence order him to undergo counselling and to have no contact with the woman.
Khan said the Youth Criminal Justice Act puts emphasis on rehabilitating young offenders, with imprisonment used as a last resort. But Arlene Haché of the Centre for Northern Families in Yellowknife said Malakoe's sentence sends the wrong message to men.
"What message does the guy get if he can just essentially just not face any punitive avenue, because he took advantage of a woman that was so totally blacked out she didn't know what was going on?" Haché told CBC News.
While Haché agreed that jail is not the best answer for some offenders, she added that a lenient legal system encourages men to re-offend and leaves women vulnerable as a result. "Still, there's nothing to replace it [jail] yet. So I'm more concerned about girls and women not being protected at this point, than I am right now about the recovery of boys and men," she said.
She pointed to another case, in which a woman in Dettah, N.W.T., is thinking of leaving town because her accused attacker is now out on bail. Haché said she is helping to design a treatment program for men who have used violence in their relationships.
His lawyer, Abdul Khan, told CBC News that territorial court Judge Garth Malakoe had no choice but to keep his client out of jail, since there was no evidence of a violent assault or lasting physical or mental harm.
The court heard Thursday that the man, who was intoxicated, groped a young woman who was unconscious. The incident involved no intercourse and she was not injured, the court was told. The woman later woke up in hospital, recovering from alcohol poisoning, and had no memory of the assault, the court was told.
Crown prosecutors had called for a jail term of up to nine months, arguing that the victim had suffered psychological harm. However, Malakoe pointed out that the woman only learned of the sexual assault after she had woken up in hospital. Conditions of the man's sentence order him to undergo counselling and to have no contact with the woman.
Khan said the Youth Criminal Justice Act puts emphasis on rehabilitating young offenders, with imprisonment used as a last resort. But Arlene Haché of the Centre for Northern Families in Yellowknife said Malakoe's sentence sends the wrong message to men.
"What message does the guy get if he can just essentially just not face any punitive avenue, because he took advantage of a woman that was so totally blacked out she didn't know what was going on?" Haché told CBC News.
While Haché agreed that jail is not the best answer for some offenders, she added that a lenient legal system encourages men to re-offend and leaves women vulnerable as a result. "Still, there's nothing to replace it [jail] yet. So I'm more concerned about girls and women not being protected at this point, than I am right now about the recovery of boys and men," she said.
She pointed to another case, in which a woman in Dettah, N.W.T., is thinking of leaving town because her accused attacker is now out on bail. Haché said she is helping to design a treatment program for men who have used violence in their relationships.
Tuesday, June 22, 2010
Chicago Tribune - Illinois doctors can practice despite sex crime convictions
A Chicago Tribune report on doctors who have been convicted of sexually abusive patients finds that many Illinois doctors who have been convicted of sexually abusing their clients are still practicing. One case involves a Lemont, IL doctor who was convicted of sexually abusive a patient undergoing cosmetic surgery in 2000. Disciplinary proceedings were started, but never followed up against him for the assault.
A Tribune review uncovered 16 sex offenders who have held state medical licenses within the past 15 years. Not one had his license permanently revoked following his conviction. Even those who were the most severely sanctioned are allowed to reapply to practice. The Lemont woman's doctor, Nercy Jafari, was never punished by the disciplinary agency in any way, records show.
The woman's father asked "How in God's name can someone convicted of sexual abuse by a jury of his peers be allowed to continue practicing medicine?"
In Illinois, only doctors convicted of drug offenses and public aid fraud can have their licenses permanently revoked. Here's hoping that the Tribune report can change that.
A Tribune review uncovered 16 sex offenders who have held state medical licenses within the past 15 years. Not one had his license permanently revoked following his conviction. Even those who were the most severely sanctioned are allowed to reapply to practice. The Lemont woman's doctor, Nercy Jafari, was never punished by the disciplinary agency in any way, records show.
The woman's father asked "How in God's name can someone convicted of sexual abuse by a jury of his peers be allowed to continue practicing medicine?"
In Illinois, only doctors convicted of drug offenses and public aid fraud can have their licenses permanently revoked. Here's hoping that the Tribune report can change that.
Sunday, March 14, 2010
Suburban Toronto police officer charged with physical, sexual assault on "husband"
A female police officer assigined to Burlington, ON, has been charged with sexual assault, forcible confinement, and 3 counts of assault after a man, believed to be her common-law husband, filed charges against her. According to a spokeman, the charges cover incidents lasting from February to November 2009. Halton Region Constable Melanie Fedun, 32, will have her first court appearance April 23, and is suspended with pay.
Wednesday, February 24, 2010
18 year old accused of sexual coercion, blackmail of HS students pleads guilty in suburban MIlwaukee courtroom, gets 15 years prison
(Original Post 2-5-09)
An 18 year old man originally investigated for a bomb scare at the New Berlin High School was charged with sexual assault, and other offenses for coercing fellow male students into sex using Facebook. If found guilty on all charges, he faces 293 years in prison.
Anthony "Tony" Stancl, 18 was charged with posing as a girl to trick 31 boys, ranging in age from 13 to 19, into posing for nude pitcures. The boys, all Stancl's former classmates, were contacted through their Facebook pages. While posing as a girl, Stancl threatened to release the nude photos to the public unless the victims agreed to perform sex acts.
The sexual assaults occurred in 2008 in a bathroom at the high school, the school parking lot, a New Berlin Public Library restroom, parks and at some of the victims' homes, according to the criminal complaint. At least seven boys, 15 to 17, were forced into performing sex acts, the complaint says.
Police learned of Stancl's alleged activities after he was accused in a bomb threat that closed Eisenhower and one victim came forward to police.
Police learned of Stancl's alleged activities after he was accused in a bomb threat that closed Eisenhower and one victim came forward to police.
Stancl, who was expelled after the bomb scare, is charged with a bomb threat, plus repeated sexual assault of same child (at least three violations of first- or second-degree sexual assault), possession of child pornography, second- and third-degree sexual assaults and five counts of child enticement.
The child porn charges stem from 600 photos of both commercial porn and about 300 photos/movie clips of the New Berlin victims found on Stancl's computer.
(Update 7-16-09) Waukesha County Circuit Judge J. Mac Davis lowered Stancl's bail from $250,000 to $75,000, a move which puts his release within reach. Defense attorney Craig M. Kuhary said that Stancl's parents were able to access $75,000 in their retirement funds. Stancl's parents will also pay the $20 per day electronic monitoring fee.
Kuhary said Stancl would like to get his high school diploma, possibly from New Berlin West or Waukesha County Technical College. Davis said he will allow Stancl to complete his education but he can be on school grounds only for scheduled purposes and with adult supervision.
Davis said Stancl would be allowed to go to the homes of his grandparents in West Allis and Hartland, his attorney's office, police departments and court. Stancl would not be permitted to use the library, access the Internet, or possess a cell phone.
District Attorney Brad Schimel objected to the bail reduction due to the severity of the charges and the potential maximum sentence in convicted. The New Berlin School District, through its Superintendent Paul Kreutzer, released a statement saying, in its entirety, "Mr. Anthony Stancl, under no circumstances, will be involved at any level with the School District of New Berlin."
GQ has a story, "Sextortion At Eisenhower High," which gives much more background into this case.
(Update 12-22-09) Tony Stancl pled guilty before Waukesha County Circuit Judge James R. Kieffer to 2 counts of sexual assault on a child in a Waukesha County, WI courtroom today. 10 other charges against him were dropped by prosecutors as a result of the plea agreement. District Attorney Brad Schimel is asking for a substantial prison sentence, which could be as long as 30 years with 20 years of extended supervision after release. If Stancl had went to trial and been convicted on all charges, he would have faced 176 1/2 years in prison.
Schimel's view about the agreement and outcome of the case is below.
I contacted each and every one of the victims in this matter and each of them felt that this was a very positive resolution of the case. It was important for them that this be resolved before the holidays....I've never had a case where victims and parents have been more apprehensive about testifying than in this case. There has been an enormous amount of publicity, maybe unprecedented in a child sexual assault case, and all happening in a school where all of the victims went, along with the defendant.
This resolution is something that is going to set them at ease in the coming weeks. This was going to continue to get more troubling to them as we approached trial. So this resolution is something that I view as a fair resolution and from the victims' perspective, they are relieved that we are doing this.
I think a lot of parents learned something from this. Usually in child sexual assault cases...the media attention is relatively minor...This one has just attracted a lot of attention because it's bigger than what just happened here. There are people all over the country looking at this, I hope, and questioning what are kids up to. What are kids doing with their photo phones? What are they doing on their computers? There's been this other message beyond just dealing with the defendant and the victims.
(Update 2-25-10) Stancl was sentenced to 15 years in prison and 13 years of extended supervision this afternoon by Waukesha County Circuit Judge J. Mac Davis because as someone who has proven to been manipulative and self-centered, he was still potentially dangerous and "I am afraid of what he can and might do."
District Attorney Brad Schimel asked for "substantial" prison time, without being specific. No victims spoke at the sentencing, but some had sent letters asking for substantial prison time. Some of the victims required hospitalization for suicidal thoughts, medication or have had to undergo therapy, Schimel said.
Schimel said substantial prison time was needed because of the number of victims, the scheming nature of the crime and the impact on victims. He also said that the very nature of the crime - repeatedly coercing sex by extortion - was a pattern of deviant sexual behavior. Schimel also cited a 2004 juvenile case in which Stancl, then 13, was found delinquent for sexual assault of a 3-year old in a home where he was a babysitter.
Defense attorney Craig Kuhary suggested 5 years in prison with a decade of extended supervision, stating that Stancl's problems began after he was outed as gay by a former "lover" who went to his school. "Once word got out that he was gay, everything shut down," Kuhary said.
Stancl's uncle, Al Turk, from California spoke on behalf of the family saying his nephew and godson was loving, intelligent, athletic, a former altar boy and a technological whiz kid who worked at a software company while going to school and maintaining good grades.
"Like many young men his age, he's made a serious mistake," Turk said. Emphasizing his Catholic upbringing in a supportive and forgiving family, Turk said he remains a joy to his family who'll be there for him when his "penance" is served.
Stancl himself made a statement saying that he needed to treat others the way he wanted to be treated, and that after prison, "I am determined to become once again a productive and law-abiding citizen."
Schimel explained his role in the prosecution of Stancl. "I had two jobs here. I had a job to get him locked up for some reasonable amount of time to protect the community, but I also had to look out for the welfare of these seven kids, and I think we struck that balance. I asked for substantial prison, and 15 years of initial confinement followed by 13 years of extended supervision is a substantial prison sentence that takes away Anthony Stancl's youth," said Schimel.
He also reiterated that parents must be on guard when it comes to electronic devices and protection from sexual predation. "They have to know that the more capability they give their kids electronically with this stuff, the less control they have over their kid's safety."
Last, but certainly not least, Schimel reminded parents that this was how most sex offenders work. "This is how sex offenders work. They compromise their victims. Very few of the sexual assaults we see involve some sort of person jumping out of the bushes and grabbing someone. Most of the time, it's someone that the victim knows, and they get manipulated into a position where it becomes difficult to say something, to speak out. That's what happened with these kids."
Saturday, December 19, 2009
Bagel shop attacker sentenced to 27 3/4 years in prison
The assault occurred at about 3:15 a.m. when the woman waited inside a car parked near the bagel shop as her friends went inside. A man sweeping outside told the woman she couldn’t park there and directed her to the back of the building, where the attack occurred.
The prosecution noted during its case that the victim had picked Pena out of a lineup. It also said a fingerprint from her vehicle was a match to Pena and that a footprint matched his shoe. Pena also had told police he was at the scene and told the woman to move the car, but claimed he had nothing to do with the attack. Rather, he said, police wrongly charged him and never investigated others.
Morris County Assistant Prosecutor Meg Rodriguez, who argued for consecutive sentencing on all five counts, said the Butler attack was an escalation, as Pena had been convicted in Wayne in 2002 and Paramus in 2003 of lewdness for exposing his genitals to two different women in store parking lots.
The victim, in her impact statement told how the attack left her scared, scarred, and unable to drive either alone or at night. "I fear for my life that when the defendant gets out of jail he will find me and seek revenge."
Besides the prison term, Pena will have to pay $3380 in fines and penalties, and will be evaluated at the Adult Diagnostic and Treatment Center to see if he can be treated there.
Saturday, December 5, 2009
Final defendants in Meredith Kercher sex slay sentenced to decades behind bars
The case of the murder of Meredith Kercher came to an end, but not the end when the last defendants, Amanda Knox and her boyfriend, Raffaele Sollecito were convicted of her murder and rape in a Perugia, Italy courtroom yesterday. Perugia, the capital of Italy's Umbria region, is 125 miles north of Rome. The jury, which consisted of six lay jurors guided by two judges, found Knox and Sollecito guilty of the rape and murder of Kercher, from Coulsdon, Surrey, England just after midnight local time (5 PM Central Standard Time). They deliberated for 11 hours straight. Knox was sentenced to 26 years and Sollecito was sentenced to 25 years immediately after the verdict was rendered. Knox and Kerchner were students at Perugia's University For Foriegners.
Miss Kercher had spent the evening of November 1 [2007], at the home of her friend Sophie Purton, watching the romantic drama The Notebook before returning home at around 9pm, saying she was tired. Her flatmates were all staying elsewhere that night and she was alone in the house.
Her body was discovered at 1.15pm the next day, by which time Knox and her Italian boyfriend, Sollecito, had arrived at the house. "It is something I never hope to see again," Sollecito told reporters the following day. "There was blood everywhere and I couldn't take it all in. My girlfriend (Knox) was crying and screaming, 'How could anyone do this?'"
Finding the front door open, a window broken and bloodstains in a bathroom, [police] forced open the locked door of Miss Kercher's bedroom to find her body in a pool of blood on the floor, mostly hidden under a duvet and naked except for a T-shirt yanked up around her armpits.
The injuries on her body suggested she had been forced to kneel, with her face pushed into the floor, and raped at knifepoint before being killed by a combination of strangulation and three deep stab wounds to her neck.
Police were under immense pressure to solve the murder, and within three days suspicion had begun to fall on Knox, whose behaviour had struck police as distinctly odd when she was asked to give a witness statement.
While Miss Kercher's other friends had been distraught and tearful, Knox appeared entirely detached and showed no signs of distress, even performing cartwheels and doing the splits while she was waiting to be questioned.
She also changed her mind about where she had been on the night of the murder - at first she said she had been at Sollecito's flat, smoking marijuana and watching a film. Then she said she was confused and might have been at the flat at the same time as Miss Kercher. Put under pressure by police, who had discovered text messages on her phone to bar owner Patrick Lumumba, she eventually said she had been in the flat when Miss Kercher was murdered, and heard her scream after Mr Lumumba went into the bedroom with her.
Mr Lumumba was immediately arrested on suspicion of murder, as was Sollecito, whose shoes appeared to match a bloody footprint found at the scene.
But less than a fortnight later, the investigation took another incredible turn. Police announced that they were looking for a fourth suspect, a local drifter called Rudy Guede, whose DNA had been found all over the murder scene, including in a bloody fingerprint and in samples which showed he had either raped Miss Kercher or had consensual sex with her.
Guede, now 22, was convicted of murder and sexual assault at a fast-track trial last year, while Mr Lumumba, who had a cast-iron alibi, was released after police admitted he was entirely innocent.
Jurors accepted the prosecution's arguments that Knox, who called herself "Foxy Knoxy," recruited her "boyfriend," who she had met only a week prior to Kercher's murder, and 22 year old Guede to take part in a sex game. The "manipulative, narcissistic, sexual thrill-seeker" did this as revenge for criticism that she wasn't pulling her weight doing chores and homework, and was bringing strange men back to the house they all shared. Kercher was held down by Sollecito while Guede tried to rape her. Kercher was killed by Knox with a knife that Knox held to the victim's neck.
The conflicting accounts of the events surrounding the murder, as well as the DNA evidence were enough to bring Meredith's killers to justice. Knox claimed that she had been at Sollecito's house, but cell phone records showed ther were near the murder scene, with their phones turned off around the time of the slaying. Sollecito claimed that he couldn't remember if he was at the crime scene with Knox, but others confirmed that there were in the house at the time of the murder.
In addition, Knox's DNA was found on the alleged murder weapon, a knife which was washed shortly after the murders, Sollecito's DNA was found on Kercher's bra, and Guede's DNA was found all over the crime scene, including inside's Kerchner's vagina. Guede was found guilty of raping and murdering Kercher last year at a fast track trial and sentenced to 30 years. He opted for the fast track to get his maximum sentence slashed by 2/3 over a regular Italian trial. Guede's separate trial also prevented the other defendant's lawyers from trying to get their clients off by accusing him during a joint trial.
Besides murder and rape, Knox and Sollecito were convicted of unlawful possession of a weapon (the knife) and staging a crime scene (the crime scene was staged to look like an intruder had broke in). They were ordered to pay a million euros to Kercher's parents and 800,000 euros to Kerchner's three siblings as compensation. Knox was also ordered to pay 40,000 euros to her boss, the bartender Patrick Lumumba for defamation.
At a conference held earlier this morning, Kercher's family said that they were pleased with the verdict, but it would not bring back their daughter and sister.
Meredith's brother Lyle said at the press conference, "Ultimately we are pleased with the verdict... It's not a time for celebration. It's not a moment of triumph. We are all gathered here because our sister was brutally murdered and taken away from us. Of course, there were two very young people who have been sentenced yesterday to a very long time behind bars."
Her other brother John said "Everyone in this room associates Meredith with a tragic event but we would prefer not to remember her in that way. We would like to concentrate on the 21 years that we had with her."
Meredith's mother Arline thanked the judge, jury, and prosecutors for giving her daughter justice, but said that "At the end of the day you have to go on the evidence because there's nothing else."
Knox's mother, Edda Mellas, said that "Amanda like the rest is extremely disappointed, upset about the decision. We told her that she's gonna get out of here. It's gonna take a little longer." Her father Curt Knox said that "I just looked at them; I looked at the jurors."
He then said he thought to himself: "'How could you even do this with what was presented in the court of law?'"
"She couldn't sleep all night," said lawyer Luciano Ghirga, who spent an hour with Knox at her jail just outside Perugia on Saturday morning. "She's worried for her parents, too, but she is keeping the faith needed for the next steps."
Knox's father said that he would fight for his daughter when asked by a reporter. That fight will come in an appeal, which in Italy, is conducted with the same judge and jury (but different prosecutors) as the original trial. Italian appeals can not start until 90 days after the trial, and can take up to 2 years. Alessandro Canali, a Seattle Lawyer who practices in Rome, said that "She got four years less without the benefit of the short trial. Someone on the jury thought she was not on the same level as Guede."
Italian juries have only to reach majority consensus. Each of the eight jurors imposes a sentence they believe proper, from life down to acquittal, Canali said. The ultimate sentence given is the maximum that at least five of the jurors will support.
Sollecito is also appealing his sentence.
Saturday, November 7, 2009
Security guard gets 3 months house arrest for sex assault on co-worker
Ralph Robles, a 39 year old former hospital guard, will serve 3 months of house arrest for the indecent assault on a co-worker in Bethlehem, PA. Robles plead guilty to the assault in the hospital basement. Northampton County Judge Stephen Baratta sentenced Robles Thursday, November 5 after reading a pre-sentence report suggesting that he is a low risk to reoffend.
Robles, a seven-year Easton Hospital security guard, was charged with putting a switchboard operator in a head lock and forcing her to perform oral sex Jan. 7, 2007, while she was working alone.
But when he pleaded guilty in September, it was to a second-degree misdemeanor count of indecent assault, with prosecutors dropping a more serious felony charge of involuntary deviate sexual intercourse.
Reading from a presentence investigation, Baratta said Robles admitted only to rubbing up against the victim on various occasions. ''The situation was a big mistake,'' said Robles, who was fired by the hospital after the charges surfaced.
Robles, who will serve 21 months of probation after the house arrest is over, must undergo sex offender treatment. Robles has a civil judgement against him by his victim, who alleges that he had a history of assault and harassment before the sex attack. Easton Hospital and some of its administrators are also named in the federal lawsuit.
Robles, a seven-year Easton Hospital security guard, was charged with putting a switchboard operator in a head lock and forcing her to perform oral sex Jan. 7, 2007, while she was working alone.
But when he pleaded guilty in September, it was to a second-degree misdemeanor count of indecent assault, with prosecutors dropping a more serious felony charge of involuntary deviate sexual intercourse.
Reading from a presentence investigation, Baratta said Robles admitted only to rubbing up against the victim on various occasions. ''The situation was a big mistake,'' said Robles, who was fired by the hospital after the charges surfaced.
Robles, who will serve 21 months of probation after the house arrest is over, must undergo sex offender treatment. Robles has a civil judgement against him by his victim, who alleges that he had a history of assault and harassment before the sex attack. Easton Hospital and some of its administrators are also named in the federal lawsuit.
Sunday, October 25, 2009
Repeat criminal sentenced to 11 1/2 years for rape of University of Arizona student
A man who raped a University of Arizona student in 2007 was sentenced to 11 1/2 years in prison Friday, October 16, by Pima County Superior Court Judge Christopher Browning. Thirty-eight year old Deguan Lamar Lee faced a sentence of 3 to 12 1/2 years on the kidnapping count and up to 3 3/4 years on the robbery count, added after Lee took the victim's cell phone.
On April 12, 2007, the student returned to the Manzanita-Mohave dormitory after having dinner with some friends. When she entered the dorm, she saw a man standing by the elevators and, uncomfortable, took the stairs.
Moments later, the student left her room to go to the bathroom, and the man pushed her into the bathroom, punched her in the face repeatedly and digitally penetrated her twice. He then grabbed her cell phone and left. Witnesses who came to check on the commotion ran into the man as he left the bathroom, and he told them, "Everything is OK."
Police arrested Lee, who was not a UA student, two years later when his DNA was linked to the case.
Lee had a history of being "overly aggressive in pursuing women," according to Deputy Pima County Attorney Anita Simons. Simons asked for an aggravated sentence based of this and Lee's violation of probation for drug offenses.
According to Simons, these incdients include unwanted sexual attention by Lee gaginst his daughter's teacher, and inappropriate touching of a girl's buttocks at a dance school parking lot. He "either does not understand or refuses to acknowledge that these women didn't invite his behavior," according to the prosecutor.
In a letter to the judge, the victim said it took her more than a month before she could use a public restroom, and when she finally used the dorm's restrooms, she took a pair of scissors and someone with her. She also couldn't sleep in her dorm room after the incident; she slept at friends' homes or at her mother's house.
At the end of the semester, the student said, she transferred schools, but she still has nightmares and crying jags. She often wakes up in the middle of the night and has to double-check the locks on her doors and windows. She sometimes feels her heart racing when she notices the bump on her nose and the scars on her lips.
Lee will have to register as a sex offender and have his DNA taken, since the kidnapping was found to be with sexual motivation.
On April 12, 2007, the student returned to the Manzanita-Mohave dormitory after having dinner with some friends. When she entered the dorm, she saw a man standing by the elevators and, uncomfortable, took the stairs.
Moments later, the student left her room to go to the bathroom, and the man pushed her into the bathroom, punched her in the face repeatedly and digitally penetrated her twice. He then grabbed her cell phone and left. Witnesses who came to check on the commotion ran into the man as he left the bathroom, and he told them, "Everything is OK."
Police arrested Lee, who was not a UA student, two years later when his DNA was linked to the case.
Lee had a history of being "overly aggressive in pursuing women," according to Deputy Pima County Attorney Anita Simons. Simons asked for an aggravated sentence based of this and Lee's violation of probation for drug offenses.
According to Simons, these incdients include unwanted sexual attention by Lee gaginst his daughter's teacher, and inappropriate touching of a girl's buttocks at a dance school parking lot. He "either does not understand or refuses to acknowledge that these women didn't invite his behavior," according to the prosecutor.
In a letter to the judge, the victim said it took her more than a month before she could use a public restroom, and when she finally used the dorm's restrooms, she took a pair of scissors and someone with her. She also couldn't sleep in her dorm room after the incident; she slept at friends' homes or at her mother's house.
At the end of the semester, the student said, she transferred schools, but she still has nightmares and crying jags. She often wakes up in the middle of the night and has to double-check the locks on her doors and windows. She sometimes feels her heart racing when she notices the bump on her nose and the scars on her lips.
Lee will have to register as a sex offender and have his DNA taken, since the kidnapping was found to be with sexual motivation.
Saturday, September 19, 2009
Taxpayers will pay for defense of Davie, FL police officer charged with rape of girl
A Davie, FL police officer will be granted legal aid for his upcoming trial, according to his attorney. Stephen Olenchak, 35, plead not guilty to sexual battery, however due to his suspesion without pay from the Davie Police Department, taxpayers will be footing his defense. According to this report, the girl was between 12 and 18, and ironically, happened after the threesome was watching the HBO series "Big Love."
According to the arrest report, the victim told investigators Olenchak brought his wife a drink before going to bed on March 22. After his wife fell asleep, he brought the victim something to drink. At the time, police said they were investigating whether the drinks were spiked with drugs.
According to the report, Olenchak then fondled and had intercourse with the victim, who said she did not consent and was not coherent enough to call out to Olenchak's wife for help.
Olenchak, an 11-year veteran, was put on administrative leave without pay on May 13, town records show. He will remain on leave pending the outcome of the case.
"He is innocent of what he is accused of doing - He has a spotless record as a Davie police officer" said his attorney."
According to the arrest report, the victim told investigators Olenchak brought his wife a drink before going to bed on March 22. After his wife fell asleep, he brought the victim something to drink. At the time, police said they were investigating whether the drinks were spiked with drugs.
According to the report, Olenchak then fondled and had intercourse with the victim, who said she did not consent and was not coherent enough to call out to Olenchak's wife for help.
Olenchak, an 11-year veteran, was put on administrative leave without pay on May 13, town records show. He will remain on leave pending the outcome of the case.
"He is innocent of what he is accused of doing - He has a spotless record as a Davie police officer" said his attorney."
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.
Thursday, June 4, 2009
"Boyfriend" guilty in drugging, rape, stalking of Redding, CA woman
A Redding, CA man was convicted of 26 charges relating to the rape, then stalking of a woman yesterday. Mark Wayne Gray, 42, was convicted by a Shasta County jury of rape, sexual battery, 1st degree residential burglary, and stalking, and faces a maximum sentence of over 20 years.
Senior Deputy District Attorney Stew Jankowitz filled in Wednesday for vacationing Deputy District Attorney Stephanie Bridgett, who prosecuted Gray. Jankowitz said he was familiar with the case.
His familiarity comes from being the investigator and prosecutor who filed the original charges in this case. He said that the 29 year old victim's "unbelievable abuse" was "a line that was crossed in this case many times....Nobody should have to undergo that."
The victim and Gray had a relationship which ended in 2007. Gray proceeded to stalk her at her workplace, home, and school until September last year. After his arrest, the victim learned that Gray had drugged her during sex. She also learned that Gray had filmed the sexual activity, as well as sex acts involving neighbors. This lead to convictions on a single peeking count and multiple counts of invasion of privacy by means of a video camera.
Sentencing is scheduled for June 30.
Senior Deputy District Attorney Stew Jankowitz filled in Wednesday for vacationing Deputy District Attorney Stephanie Bridgett, who prosecuted Gray. Jankowitz said he was familiar with the case.
His familiarity comes from being the investigator and prosecutor who filed the original charges in this case. He said that the 29 year old victim's "unbelievable abuse" was "a line that was crossed in this case many times....Nobody should have to undergo that."
The victim and Gray had a relationship which ended in 2007. Gray proceeded to stalk her at her workplace, home, and school until September last year. After his arrest, the victim learned that Gray had drugged her during sex. She also learned that Gray had filmed the sexual activity, as well as sex acts involving neighbors. This lead to convictions on a single peeking count and multiple counts of invasion of privacy by means of a video camera.
Sentencing is scheduled for June 30.
Saturday, May 30, 2009
French national living in Dallas metroplex gets 45 years for deliberate infection with HIV
A Frisco, TX man of French origin was sentenced to 45 years in prison yesterday for deliberately infecting 6 women with HIV. The sentences, 45 years in 5 cases and 25 years in the remaining case, will run concurrently. Earlier this week, Philippe Padieu was convicted by a jury of 6 counts of assault with a deadly weapon - his penis - for refusing to disclose that he had full blown AIDS.
One juror, who asked not to be identified, cried as she hugged a victim. The trial had been helpful to her, she told the woman, because, "I have a daughter that's 19 and I don't tell her a lot of things. "It just takes one time to destroy your life," she said shaking her head.
Another juror stated that they had to remove themselves emotionally from the testimony, finding that Padieu was guilty of aggravated assault. The 45 year sentence was a compromise between prosecutors that wanted life and the defense, who wanted 20 years.
One victim, who remained anonymous, stated that she wishes that she could kill herself because of the stigma surrounding AIDS.
"I consider suicide, because it would be so much easier. It's a battle every single day....If I had cancer, I could tell people - I could tell them without fear or embarrassment or shame."
"I wish you no harm," she said, "And I pray that I can forgive. And I pray for a cure for us all.'"
One juror, who asked not to be identified, cried as she hugged a victim. The trial had been helpful to her, she told the woman, because, "I have a daughter that's 19 and I don't tell her a lot of things. "It just takes one time to destroy your life," she said shaking her head.
Another juror stated that they had to remove themselves emotionally from the testimony, finding that Padieu was guilty of aggravated assault. The 45 year sentence was a compromise between prosecutors that wanted life and the defense, who wanted 20 years.
One victim, who remained anonymous, stated that she wishes that she could kill herself because of the stigma surrounding AIDS.
"I consider suicide, because it would be so much easier. It's a battle every single day....If I had cancer, I could tell people - I could tell them without fear or embarrassment or shame."
"I wish you no harm," she said, "And I pray that I can forgive. And I pray for a cure for us all.'"
Another victim "thanked" Padieu for "introducing me to a group of 10 incredibly beautiful, brave women who had the guts to stand up here and tell the world their most embarrassing moments to make sure you were stopped. I still wonder why you did this, but I'm not going to let it consume me. Our friendship will last long after you're gone."
Padieu's attorney, Bennie House, said the sentence was "better than life," but he didn't call it a victory.
House said he felt Padieu should not have been prosecuted in the first place because, unlike some other states, Texas does not have an "HIV law" specifically criminalizing the intentional spreading of the sexually transmitted disease. Prosecuting Padieu for aggravated assault with a deadly weapon "absolutely opens the door for any STD prosecution," or even diseases such as swine flu, he said.
Padieu will have to serve 50%, or 22 1/2 years, before being eligible for parole.
This editorial explains why Padieu's victims are just as much victims as a person who gets shot.
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