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

(Original Post 4-24-10)

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

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

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

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

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

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

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

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

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

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

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

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

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

More allegations against sexting Calumet County WI DA lead to his resignation

(Original Post 9-21-10)

Wisconsin Governor Jim Doyle has called for the removal of the Calumet County DA over allegations that he sexted a domestic violence victim and invited a "date" to an autopsy. The DA, Calumet County Attorney Kenneth Kratz, has taken a leave of absence, citing "medical reasons." Doyle cannot formally seek removal unless he receives a complaint from a Calumet County resident, something he expects to occur later this week.

The second allegation regards a woman who was "dating" Kratz when he took calls involving a missing persons case. The case involved someone believed to have been murdered. He discussed aspects of the case that no other layman (or woman) knew, and that woman alleged Kratz "invit[ed] me to go with him to the autopsy (provided I would be his girlfriend and would wear high heels and a skirt)."

Doyle said "It's mind-boggling.To have an autopsy be used for the premise of a social engagement is just beyond anything anyone can imagine, I think.... That's the part that concerns me the most because it's really the use of official duties, in his official status as district attorney, for purposes completely unrelated to his job as district attorney."

Legislators, advocates for crime victims and prosecutors from across the state had already been calling for Kratz's resignation in the wake of reports that he had sent 30 text messages last year to Stephanie L. Van Groll, 26, while he was prosecuting her ex-boyfriend on domestic violence charges.

Van Groll's lawyer, Michael R. Fox, said Monday that he is aware of the new allegations against Kratz. "If it's credible, it's incredible," Fox said of the letter released by Doyle's office.

Kratz began texting Van Groll just minutes after she met with him Oct. 20 to discuss the abuse her ex-boyfriend had inflicted upon her. After Van Groll told Kratz about the abuse, he asked if she would mind if he dropped the charge from a felony to a misdemeanor, according to documents released Monday by the state Department of Justice.

Van Groll said she considered the request odd and told Kratz that trying to strangle someone is a felony, the documents show. Kratz sent his first text to Van Groll about 10 minutes after the meeting, telling her that she had potential and signing the message, "KEN (your favorite DA)." In other text messages sent over three days, Kratz referred to Van Groll as a "young, hot nymph" and asked if she "likes secret contact with an older married elected DA."

Van Groll reported the text messages to police. Kratz removed himself from the prosecution of Van Groll's boyfriend after the state began investigating his communication with her. The state appointed a prosecutor to take over the case, and Van Groll's ex-boyfriend was convicted in April of a domestic violence felony, according to court records.

On Friday, Kratz issued a statement saying that he "showed a lack of respect not only for my position but for the young woman that was involved," but refused to step down.

The Wisconsin Coalition Against Domestic Violence and the Wisconsin Coalition Against Sexual Assault released a joint statement saying "Whether or not Kratz has been an advocate for crime victims in the past, it is clear he can no longer serve in his current position. He has ignored victims, advocates and his peers, who have all called for him to step down. His repeated attempts to minimize his behavior show he either is in denial or only concerned for his personal interests."

The Wisconsin District Attorneys Association sent this letter, stating that Kratz' actions "has cast aspersions on our entire profession," and goes on to say that the would have fired subordinates who commites similar actions.
 
Van Groll's lawyer, Michael R. Fox, said "I am going to pull up every floorboard that I can to see what is behind this. There are things here that don't make sense. It is very strange how it has come to light. I believe my client was treated the way she was treated because she is a woman and was very vulnerable because she was a victim of domestic violence. It strikes me as something that requires further inquiry, because I don't know how you can text a victim in such a suggestive way and not immediately, the moment those texts leave your (phone), be in a conflict of interest."

(Update 9-22-10) Two more women have claimed that Kratz has harassed them. Maria Ruskiewicz, an Appleton, WI native who is now 31, claimed that she was sexted when she met with him in 2008 to discuss a pardon for a 1997 drug conviction. Ruskiewicz needed the pardon because as a student attending Oklahoma City University as a law student, it was necessary for her career goals. Kratz had prosecuted her for the drug conviction and she needed his support for the application she would send to Govenor Jim Doyle.

At the meeting, Kratz asked her about secratary - boss sex, and afterwards Kratz began to send her sexually suggestive texts, including texts describing him in the bedroom. After discussing the harassment with relatives, Ruskiewicz asked Kratz to stop texting her, which he did.

Deborah Felice, the associate dean for students at the law school, said she met with Ruskiewicz at her request on Sept. 25, 2008, to discuss the messages.

"She said she was very upset because she was pursuing a pardon and the DA she was working with was sending her these text messages that were basically stalking her," Felice said, adding that she was shown some of the messages.

Felice said she and Ruskiewicz met with a university lawyer five days later. They decided the best course of action was to ignore Kratz and hope he would go away. Felice said she spoke with Ruskiewicz weeks later and the messages had stopped, and "that's the last I heard of it until this morning," when she saw a segment about Kratz on national TV.

Richard Ginkowski, an assistant Kenosha County prosecutor, discussed the texts with Ruskiewicz as they were discussing the pardon application, and Ginkowski offered to take the matter to the Office of Lawyer Regulation, but "I decided in the end I didn't want to rock the boat." Since the scandal broke, she has said "This is not an isolated event. This happened a year prior to the first woman who came out. He is choosing women who are in vulnerable positions, not just women in general."

Ruskiewicz was granted her pardon last month by Gov. Doyle. A fourth woman has also claimed that Kratz contacted her inappropriately.

(Update 10-5-10) Kratz resigned yesterday as Calumet County DA. In a letter to Jim Doyle, Kratz said, "I hereby resign from my position as District Attorney, Calumet County, effective immediately." The resignation ends Kratz' 18 year career as Calumet County, WI district attorney. The resignation ends the official removal process, with a hearing scheduled for October 8 in Chilton being canceled.

A statement sent by fax to news outlets said Kratz remains at an out-of-state treatment center. He apologized to his "wife, son and entire family for the embarrassment and shame I have caused" and offered his "deepest apology to the citizens of Calumet County."

He cited an undisclosed condition for which he's receiving treatment as his downfall. "I have lost the confidence of the people I represent due primarily to personal issues which have now affected my professional career," Kratz wrote.

The Wisconsin Coalition Against Domestic Violence spokesman Tony Gibart said "I think the resignation is an important step and a necessary step. It's something that had to happen for victims to regain trust in the Calumet County legal system." However, Gibart said that Kratz needs to also face professional and perhaps even criminal charges for his actions. "I don't think that [only a resignation]sends the right message to victims," Gibart said.

Canadian immigration judge sentenced to 1 1/2 years for sexual extortion of immigrant

A Canadian immigration judge was sentenced to 1 1/2 years imprisonment Thursday, July 29 for coercing a sexual relationship with a South Korean refugee. 51 year old Steve Ellis, immigration judge, lawyer, and former Toronto City Counselor, was found guilty of breach of trust and bribery after his guilty verdict on April 21. Ellis heard the case of a then 25 year old South Korean woman in July 2006, and during a meeting rigged by the victim's boyfriend on September 26, 2006 in a Toronto coffee house, said that “I really like you, and I really want to be friends with you.” After dumping his Filipina mistress, he promised the woman, “Don’t worry. I’m not going to be demanding. I’m not going to ask you to move in with me or anything like that. . . . I’m not going to fall in love with you.” The Crown proved that Ellis' "indecision" on the woman's refugee status would become a "yes" if she slept with him.

Ellis' 1 1/2 year sentence was a compromise between the Crown's insistence of a 3 to 3 1/2 year sentence and the defense's wish for probation. Superior Court Justice Thea Herman said that Ellis' sexual extortion “breached the significant trust placed in him and undermined public confidence in Canada’s immigration and refugee system." Herman also said that the principles of denunciation and deterrence are the major factors in breach of trust cases and said that he took advantage of his power over her as a male judge versus a female immigrant who had already been abused by men.

During the guilty verdict, she said, “There is no doubt that Mr. Ellis intended to use his public office — in particular, his considerable power over Ms. Kim — for his own benefit, that is, for an intimate relationship with Ms. Kim. Mr. Ellis literally held Ms. Kim’s life in his hands. He toyed with her right up to the end.”

Herman said the defence established Ellis suffers from bipolar disorder that may have impaired his judgment but “he knew what he was doing was wrong. . . . This was not an impulsive act.” However, the judge said Ellis had an “otherwise unblemished career” and this was “not a pattern of conduct.”

The victim, Ji Hye Kim, appeared at sentencing with her husband Brad Tripp, and said afterwards that they wish to move on with their lives.

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.

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."

Besides prison, extended supervision, and the sex offender list, Stancl was banned from contact with the victims or their families, the New Berlin school district under any circumstances. He can't use the Internet or have contact with minors without correctional supervision after he gets out of prison.

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."

Federal marshal charged with coercing woman into sexual relationship

A 48 year old deputy US marshal was charged with luring, then coercing a woman less than half of his age into a sexual relationship, stating that she would lose her child if she did not comply with his advances.

According to the criminal complaint, 48 year old Timothy Moseley, charged with one count of capturing an image of nudity without consent and two counts of false imprisonment, met the then 20 year old woman online back in April and immediately told her that he was in law enforcement and coerced her into "dating" him.

In the summer, the sexual abuse escalated, with Moseley gagging and binding the woman while taking pictures of her he threatened to post of Facebook. In another incident, Moseley allegedly gave the victim a drink causing her to pass out. When she awoke, she was on his bead, nude and surrounded by rose petals. Investigators found photos of the victim bound and passed out with the rose petals American Beauty style.

Moseley, a supervisory deputy assigned to the Eastern District of Wisconsin, has been placed on paid administrative leave pending a review of his status with the agency, according to Jeff Carter, a spokesman for the U.S. Marshal's Service in Washington, D.C.

Moseley was assigned to the Eastern District in January after being transferred from Wyoming, where he was chief deputy for that district, Carter said in an e-mail.

Moseley made an initial court appearance Tuesday, October 13 and bond was set at $20,000.

Kansas police officer who sexted woman facing DUI charges pleads guilty to wire fraud

A Goddard, KS police officer pled guilty to a single count of wire fraud Wednesday, September 2, for sexting a picture of himself and demanding sex from a woman motorist in exchange for her DUI charges being dropped. Calvin Schaffer, 44, was charged with wire fraud because his actions defrauded the citizens of Goddard, KS of his honest services as a police officer, according to U.S. Attorney Lanny Welch.

In his plea, Schaffer admitted to arresting a woman for driving under the influence of alcohol on Feb. 27, as well as later contacting the woman and suggesting he could arrange for the charge to be dismissed if she would have sex with him, Welch said. Prosecutors said Schaffer used police department computers to send e-mails and photographs to the woman while he was on duty. Welch said Schaffer was partially undressed and nude in the photos.

The case became federal because the electronic correspondance traveled through servers on Virginia and California servers. Schaffer faces 20 years in prison and a $250,000 fine at sentencing November 16.

Tennessee DHS worker coerces woman into sex in exchange for food stamps

A Tennessee Department Of Human Services has been charged with rape for coercing a 28 year old Nashville woman into sex in exchange for the woman continuing to receive food stamps. 38 year old Darius Willis was arrested at his office Friday, August 21 after the woman got him to admit to and apologize for the sex act which took place at his office, located inside the Vanderbilt University Medical Center. Rucker was charged with rape by coercion. He's currently being held on $100,000 bond.

Hurricane police officer charged with sexual assault on duty sentenced to 60 days jail, 3 years probation

(Original Post 4-4-08)

Nathan Amosa, a 24 year old police officer from Hurricane, UT, was charged with coercing sex from a woman by threatening to cite her for child neglect to obtain sexual favors from his alleged victim. He was on call when he allegedly coerced her into letting him fondle her and perform a sex act.

"Amosa stated that he used his authority and the threat of a citation for child neglect in order to obtain sexual favors from the victim," Washington County sheriff's officials stated.

[He] was charged in 5th District Court in St. George on Monday with forcible sodomy, a first-degree felony; and two counts of second-degree felony forcible sex abuse. He is scheduled to appear in court Thursday.

Hurricane police received a complaint of officer misconduct on Friday, and Amosa was placed on administrative leave. The Washington County Sheriff's Office conducted a criminal investigation, and the case was forwarded to the county attorney's office.

(Update 8-12-09)

Amosa pleaded no contest to custodial sexual relations, a 3rd degree felony, today. Judge James Shumate of Utah's 5th District Court sentenced Amosa to up to 5 years in prison, the standard sentence for a 3rd degree felony. The sentence mandates that Amosa spend 60 days in the Washington County Jail and 3 years probation. Amosa was also ordered to stay away from the victim and not go within 500 yards of her or her residence.

Amosa was originally charged with forcible sodomy, a first-degree felony, and two counts of second degree-felony forcible sex abuse. He entered the no-contest plea after negotiations with prosecutors, his defense attorney and the victim.

According to the probable-cause statement filed with the charges, Amosa admitted to "coercing the victim into oral sex," and said he fondled her and put his mouth on her breasts. He "used his authority and the threat of a citation for child neglect" to gain the sexual favors, the document said.

The victim told investigators Amosa was at her house and on duty when she was assaulted.
The victim was "distraught" when she talked to investigators, telling them she thought she had to comply with Amosa because "he was in uniform and had a gun," according to court documents.

Prosecutor Ryan Shaum, Adult Probation and Parole's pre sentence report, and Amosa's attorney Gary Pendelton agreed to the sentence. Shaum stated that due to the difficulty of proving whether the sex act was coercive or not, "If Mr. Amosa was not in law enforcement, I don't think we'd be here for sentencing for anything."

The victim, her father, and their lawyer, Brandon Simmons, appeared for sentencing. The victim's letter said in part, "I always trusted the police and their integrity, until he entered my home and took that trust away."

The victim's father said about the 60 day sentence, "I don't think he got what he deserved."

Man who blackmailed woman into sex convicted of rape - faces 60 years

(Original Post July 30)
A Topeka, KS man was convicted of blackmailing a woman into sex by using information obtained from her computer to coerce her into the sexual activity. Robert Hetch, the prosecutor in the case, will seek the maximum sentence at sentencing September 5. James Brooks III, 39, was convicted of a count of rape, 2 counts of blackmail, and a single sount of breach of privacy, according to the Shawnee County DA.

Brooks forced the victim to engage in sex with him by blackmailing her with threats of "taking actions that would severely impact the lives of several persons" by using information he gained from the victim's computer, Hecht said. He said the information wasn't of any criminal conduct.

Maximum sentences, if run consecutively, total 60 years in prison.

(Update 9-12-08) Brooks was sentenced to over 15 years in prison on September 5 - 155 months for the rape, and a year each for 2 counts of blackmail and a count of invasion of privacy.