Obscure Cases

Man humps car

On August 13, 2009, an Albuquerque, New Mexico news station reported the arrest and indictment of 46-year old Danny Brawner.  Mr. Brawner is charged with “humping” his car, with his pants around his ankles, in the parking lot of a local Food and Drug store.  According to witnesses, the man appeared intoxicated as he swung his arms in the air and continued to shout.  While under “normal” circumstances, this conduct would result in a charge of indecent exposure, because two children saw Mr. Brawner’s conduct, he has also been charged with one count of aggravated indecent exposure.   If convicted of aggravated indecent exposure, Danny Brawner would be required to register as a sex offender.

Certainly, humping your car in broad daylight in the middle of a grocery store parking lot should not be condoned.  Yet is it enough to label Danny Brawner as a sex offender?

Rape/kidnapping victims found after decades of abuse

Eighteen years ago, an eleven-year old girl was standing at her school bus stop outside of her house one morning and was taken into a car.  Until two days ago, the young girl, Jaycee Lee Dugard, had been missing, and her step-father, Carl Probyn, had been a suspect in her disappearance.  In fact, the long-standing question of whether Probyn caused Jaycee Lee’s disappearance ended Probyn’s mariage with Jaycee Lee’s mother.

According to the New York Times, the mystery ended on Wednesday, when a now-29-year old Jaycee Lee walked into a parole office with 58-year old sex offender Phillip Garrido, Garrido’s wife, and two young girls.  Jaycee Lee identified herself as “Allissa,” and identified the 11- and 15-year old girls as hers.  Garrido had been ordered to report to the parole office on Wednesday after he appeared at UCLA-Berkeley’s campus with the two young girls to hand out religious literature and was spotted by security “acting suspiciously toward the children.”

Investigators have since learned that Garrido fathered the two children with Jaycee Lee after repeatedly raping her and keeping her and the children hidden away “behind a series of fences, sheds and tents” in his backyard.  Indeed, for the last eighteen years, Jaycee Lee has lived in this backyard compound with a “rudimentary outhouse and shower” and electricity cords strung from the house.  The children have received no education, and have never received medical attention.  Besides bringing Jaycee Lee to his parole meeting on Wednesday (at which time he allegedly confessed to the kidnapping), there is no evidence that he allowed her to ever leave the compound in the past 18 years.  According to reports, both girls and their mother are in good physical health.

Garrido is on lifetime parole for being a sex offender.  Although Parole Officer Fred Kollar has been to Garrido’s home, he said he couldn’t see the compound behind the “shrubs, garbage cans and a tarp” that hid it from view.

Phillip Garrido has owned a printing business for the last 10 years, and had recently been bringing his two daughters with him on business meetings.  Over the last year or so, Garrido had become fanatically religious and would often burst out in song or say that God was speaking to him through a box.  He set up “Gods Desire” church at his house, and started preaching on campuses.  Those around him did not see him as a violent or dangerous man – just “nutty.”

Garrido was convicted of raping and kidnapping a 25-year old woman in the mid-1970s.

The story sounds sadly familiar to that of Austrian Josef Fritzl, who earlier this year admitted to raping his daughter for the past twenty-four years, keeping her in his basement and fathering seven of her children.  Within weeks of Fritzl’s guilty plea to incest charges, Columbian Arcedio Alverez Quintero was charged with raping his daughter since the age of 5.  According to the daughter, Quintero impregnated her fourteen times, and fathered eight children with her.

The stories lead some to question why these young girls, now grown adults, did not try to leave their abductors at any point during the decades they remained in their homes.  Garrido’s story has also brought up concerns about how effectively lifetime parolees are monitored.

Update: According to new reports by the New York Times, Jaycee identified herself to others not only as “Allissa,” but also as Garrido’s daughter.  Amazingly, Jaycee’s two daughters have gone their entire lives believing that “Allissa” was their sister, not their biological mother.

Customers of Garrido’s printing business are now coming forward, stating that “Allissa” not only appeared at Garrido’s home, but helped customers with certain projects; becoming the contact person and designer for the business.

In addition to Ms. Dugard’s case, law enforcement officials are deeply concerned about potential leads they missed over the years concerning various other crimes Garrido may have committed, including a string of nine murders of (mostly) sexually-abused prostitutes.  Three years ago, police received a call saying that Garrido was a “psychotic sex addict who was housing children in tents in his backyard” – that call was never properly investigated.

One thing is clear – as this story unfolds, the psychosis of Garrido and the psychological state of Dugard should be fascinating to watch.

Unfortunately, there is a real concern that this case, which has ignited a lot of anger and emotion throughout the country, will prompt legislation that will further restrict a sex offender’s freedom.  Do you think that it’s wise to use this extreme case to justify new legislation?

Man “Accidentally” Downloads Child Porn – Faces 20 years

Last week, CBS-13 in Sacramento reported that 22-year old Matthew White will be pleading guilty to possession of child pornography on the advice of his lawyer.

Sadly, White downloaded the porn “accidentally” while he was looking for adult porn. As soon as he realized he’d downloaded images of children, he quickly erased the files.

In fact, while speaking with FBI investigators, he asked them if he could have ever recovered the images they found buried deep within his hard drive. “They said no.”

What’s the point in permanently branding Matthew White as a sex offender and a felon when even the Government would admit that he wasn’t actually watching the porn?

Man Exonerated 33 Years After Wrongfully Convicted of Rape

On February 4, 2010, Freddie Peacock became the 250th wrongfully-convicted person in America to receive exoneration. Thirty-three years ago, Mr. Peacock was convicted of attacking and raping his neighbor outside their apartment building.

Even though Freddie Peacock did not commit the crime, due to significant mental issues, he eventually confessed during a police interrogation (although he was unable to provide any specific details of the crime and later recanted his confession).

Peacock maintained his innocence throughout the last three decades, and tried (unsuccessfully) to appeal his case six times, even pleading with his parole officer to keep him under state supervision so that his appeals would receive more attention. Many would have given up on pursuing exoneration once they were released from prison, but to Mr. Peacock, clearing his name was worth the fight.

Thankfully, the Innocence Project was able to use DNA evidence to prove Mr. Peacock’s innocence. Sadly, neither the Judge nor the State prosecutor directly addressed Freddie Peacock during Thursday’s proceeding, nor did they offer him an apology for a lifetime of unjustified persecution.

The New York Times noted that Mr. Peacock’s only words during the proceeding were: “Thank you, Your Honor.” Freddie Peacock then walked out of the courtroom, sat down in the courthouse lobby, and began to cry.

Criminalizing Sex Ed

Juneau County, Wisconsin District Attorney Scott Southworth recently wrote to five school districts, letting them know that their Sex Ed teachers could be facing charges for contributing to the delinquency of minors.

According to this ‘creative’ prosecutor (as reported by a CNN.com writer for Anderson Cooper 360), if the Sex Ed teachers educate their students about safe sex, that could be seen as “endorsing” underage sex (which is a crime in Wisconsin).

Apparently, Southworth fears that Sex Ed classes could turn into “a radical program that sexualizes our children as early as kindergarten.” In fact, the D.A. compared sex education to “teaching children about alcohol use, then instructing them on how to make mixed alcoholic drinks.”

Do you think Sex Ed should be taught in schools? If it is, do you think teachers should be held criminally liable for informing their students about the consequences of unsafe sex? Do you think this D.A. is trying to intimidate teachers to teach abstinence? If the D.A. does go after Sex Ed teachers, can he prove that the teacher “contributed” to the student having underage sex?

Married man convicted of rape for lying to lover about marital status (posted 7/30/10):

The New York Times reported that late last week an Arab married man was convicted of rape by an Israeli court for lying to a Jewish woman about his marital status and religion/ethnicity.

Sabbar Kashur was sentenced to 1 ½ years in prison for “rape by deception.”  Although the sex was completely consensual, the court felt an obligation to “protect the public interest from sophisticated, smooth-tongued criminals who can deceive innocent victims at an unbearable price – the sanctity of their bodies and souls.”

A Rape Crisis Center representative was adamant that the conviction had nothing to do with racial/ethnic discrimination, although there were reports last year of the local government launching an initiative to “help” Jewish girls who were found around town “meeting with Arabs.”

As a Jerusalem public defender pointed out, this conviction could mean that every time a man lies to a woman by telling her that he loves her (just to get her to have sex with him), he could be convicted of rape.

What do you think of “rape by deception”?  Does sex become non-consensual when a person lies about who they are?  If so, how big would the lie have to be?

“Pervert” or Sex Offender?  Commuter takes photo of woman’s cleavage as she bends over (posted 8/3/10):

Yesterday the Boston Herald reported a story of a commuter on the Green Line in Boston taking a photo of a woman’s breasts as the woman bent down to pick up a bag.  Apparently the woman was exposing herself as she bent over, and the man took the opportunity to take a photo with his phone.

The woman responded by taking a photo of the man with her phone and showing the Transit Police.  The police are now searching for the man to charge him with lewd and lascivious conduct.

According to a 2009 law (referred to as the “nanny cam law”), M.G.L.A. c. 272 § 105, it is illegal for a person to “secretly” and without consent photograph someone who is “nude or partially nude” when that person is in “such place and circumstance [that] would [provide them with] a reasonable expectation of privacy in not being so photographed.”

The debate many have been having over this story is whether a woman has a reasonable expectation of privacy in someone on the T not photographing her breasts when she accidentally exposes them.

Do you think this woman should have had a reasonable expectation of privacy?  Do you think she should have taken precautions (given the clothing she chose to wear) to make sure she didn’t accidentally expose herself in public?  Do you think there’s a difference between ogling at a woman’s exposed breasts and taking a picture of them?

Man Manipulated Mothers to Molest their own Children (posted 3/1/11):

A 41-year old man in Michigan pled guilty yesterday in Federal Court to convincing mothers to molest their own children and stream videos of the molestation online.

According to the FoxNews.com article, the man presented himself to mothers as a handsome single father of a teenage girl.  This alter-ego was a trained psychologist who convinced the women (from New Hampshire, Florida, Idaho, Illinois, Indiana, Georgia and Oregon) that the mothers should perform oral sex on their sons (ranging from 3 to 15-years old) or have sex with them.  The women would then send photos or videos of the sexual acts to this “psychologist.”

Apparently, the man convinced the women that the purpose of the sexual conduct was to teach their children about sex.  These women thought that molesting their children would make them “healthier” as a result.

One of the mothers’ family members said the woman was manipulated into molesting her son because she was “depressed and lonesome” after getting divorced.

As of yesterday, at least three of these women had been arrested.

What do you think of this story?  Does it seem likely that a stranger online would be able to convince a mother to molest her son to “teach him about sex” and make him “healthier”?  Who is more culpable:  the man or the mothers?

Catholic Priest Speaks Out FOR Pedophilia (posted 5/26/11):

On May 21^st, the Huffington Post released a story about a Catholic priest inAmsterdam who had recently come under criticism for serving on the board of “Martijin,” a group that endorses child-adult sexual relations and moves for its legalization.

The 73-year old priest, who has not yet been disciplined by the Church, is quoted as saying: “Society thinks these relationships are harmful.  I disagree.”  Apparently the Salesian order’s top official in theNetherlands has acknowledged that the priest had already been fined twice by the police for exposing himself in public, and had made the official aware of his pedophilia.  Yet even with that knowledge, this official “didn’t think that was sufficient reason to ban him from the order.”

Do you think the priest should be disciplined and/or banned from the order?  Do you think the officials should be disciplined for their responses?  If all the priest did was belong to the Martijin and advocate for legalization of child-adult sexual relations, do you feel comfortable with chalking that up to freedom of speech?

School-kid fight over scooter leads to lifetime sex offender registration for two 14-year olds (posted 7/25/11):

Last week, a New Jersey appellate court upheld a prior ruling that two 14-year old boys are required under state statute to register as sex offenders for the rest of their lives.

According to an article on Hypervocal.com, it started when two 12-year olds picked up a scooter outside a local New Jersey store.  When the owner of the scooter, one of the 14-year old 8^th-graders, saw the 6^th graders with his scooter, he demanded they drop and do 10 push-ups.  When that didn’t work, the 8^th graders challenged the 6^th graders to a game of basketball; the stakes being that if the 6^th graders won, the 8^th graders would jump into a river, and if the 8^th graders won, they could “beat up” the 6^th graders.

Well, the 8^th graders won, and during the “beating,” decided to pull their own pants down and sit on the 6^th graders’ faces.  Apparently, it went so far that the 8^th-graders’ penises at least touched (if not penetrated) the 6^th-grade boys’ mouths.

While the “horseplay” certainly went beyond what most would consider normal school bullying, the two 14-year olds have since been convicted of “criminal sexual contact” and are required to register as sex offenders for the rest of their lives under the original Megan’s Law.

Do you think the prosecutors overreached on this one?  Was the conduct really “sexual” in nature?  If it was enough to convict the boys, do you think they should be required to register as sex offenders for the rest of their lives?

Prostitute and Pimp Help Bust Rapist Judge (posted 7/26/11):

Last week, the ABA Journal published a story about a criminal court judge in New Mexico who was recently arrested for forcing a prostitute (whom he’d solicited several times prior) to perform oral sex on him.  The judge is also being accused of telling the prostitute that if anyone found out what he had done, he would “take care” of the situation by using his connections.

The arrest came as a result of the prostitute and her pimp turning over videotape evidence of the alleged rapes.

Ironically, the judge had previously sentenced a police officer accused of raping a criminal suspect to probation, noting that prison would be unfairly difficult for a police officer compared with the experience of a civilian criminal defendant incarcerated for the same offense.

Perhaps the judge saw the writing on the wall and wanted to set a precedent for leniency for rape??  We’ll have to wait and see what sentence this judge receives!

65-year old Coma Patient Fondled in Nursing Home (posted 8/7/11):

On Friday, The Detroit News posted an article about a 49-year old convicted sex offender, Cornell Lowman, who had just been sentenced to one year to serve on charges of being a habitual offender and of 4^th-degree sexual assault.

The charges stemmed from Lowman visiting a resident of a nursing home on the East Side.  While there, he went into a different room, found the comatose resident in bed and began to fondle her.

While the prosecution recommended a sentence of 1-15 years, the judge found that Lowman’s behavior was not predatory, and that the defendant did not qualify for a minimum mandatory sentence under the habitual offender law because his last sex crime conviction took place more than 10 years ago.

Certain states ban registered sex offenders from nursing homes; apparently Michigan does not.  Do you think sex offenders should be banned from nursing homes?  Or should nursing homes just get tighter security in general?  If the state did ban sex offenders from nursing homes, do you think it would make a difference to those who want to fondle comatose elderly women?

Prostitute Bites Tongue Off Alleged Attacker (posted August 8, 2011):

According to the San Gabriel Valley Tribune, a prostitute in California met her John for “erotic services” and allegedly ended up being beaten, raped and robbed.  The prostitute decided to fight back, and during the attack, bit off a good portion of her attacker’s tongue.

While being interviewed by the Murrieta Police Department at a local hospital, a man signed in to the same hospital with a complaint that he’d “cut his tongue on a can.”

Following news reports of the alleged rape, 3 other women (the man’s ex-wife, a former co-worker and another prostitute) came forward with similar allegations.  Last week, a Riverside County jury found the defendant guilty of all 4 rapes.

The severed portion of the defendant’s tongue was unable to be reattached.  He will be sentenced on October 7^th.  Currently, the man faces multiple life sentences, and will be sentenced as a 3^rd-strike offender pursuant to California law.

Parents Allegedly Rape Their 13-Month Old Baby During Supervised Visit (posted 10/4/11):

The biological parents of a thirteen-month old baby girl were charged recently with raping their child during a supervised visit at Children’s Services inTrumbull County,Ohio.

The couple lost custody of the child as soon as she was born, but were permitted to visit the child.  According to a local news station, the mother had previously lost custody of three other children, one of whom died at eighteen months while in someone else’s care.

Shockingly, the father, Cody Beemer, who is twenty-two years old, was already a registered sex offender before allegedly committing the rape.

The couple has also been accused of raping/molesting a nephew.

Whether a registered sex offender is allowed custody of his or her child seems to be a constant (and valid) debate, but this story poses more concerning issues, such as how exactly a rape occurs during a supposedly supervised visit at Children’s Services.

Thoughts?

Burglars Find Kiddie Porn in Victim’s Barn (posted 10/11/11):

Who knew burglars could be such upstanding citizens??

Two teenagers admitted to stealing what they thought were 50 blank CDs from 54-year old Kraig Stockard’s barn inDelhi,California.

To their surprise, when the teens tried to use the CDs in their own computer(s), they found out that many of the CDs contained images and videos of child porn.

The two young burglars decided to report Mr. Stockard to the police, at which time the police obtained a search warrant and seized six computers and several external hard drives from Stockard’s home.  The local police have since reported to CNN that Stockard had been downloading the images and movies for the last seven years.

According to CNN, the two burglars have not been arrested for their admitted crime.

New York Judge Allows Dog to Comfort Child Rape Complainant During Trial (posted 10/13/11):

As the fifteen-year-old female complainant testified that her father had raped and impregnated her, “Rosie,” a therapy dog trained to comfort people under stress, would sit by the teen’s feet and nuzzled her.

According to a recent New York Times article, prosecutors and defense attorneys alike have described the golden retriever as “adorable,” which has become a topic of debate in criminal trials.

If even the attorneys are captured by the dog’s cuteness, isn’t it possible that jurors will be unfairly swayed to care more for the complainant and believe him or her if there is an adorable dog nuzzling the witness to calm him or her down?  Some fear that by the dog comforting the witness, jurors may equate the witness’ stress with the difficulty in telling the truth.

According to the NYT article, dogs are starting to be used in non-sex cases and even with adults.  A 57-year-old “developmentally disabled” gentleman had a courtroom dog near him as he testified against a man who allegedly conspired to steal from him.

While these dogs may be a great asset during therapy and trial prep, are they really appropriate to be present in front of a jury?  Do you think an adorable dog nuzzling a young witness would make you believe the witness was telling the truth?  If dogs are allowed to sit with witnesses, why not allow victim advocates or caseworkers sit next to the children on the stand?

Photographer Flashes Judge in Court While Facing Public Nudity Charge (posted 10/14/11):

Bronx photographer Holly Van Voast has been disrobing in public all around New York; in Times Square, on the Staten Island Ferry, at the Grand Central Terminal, and lastly, in open court.

Ms. Van Voast received a summons for her public demonstrations in August, which, according to the New York Times, she has done “to express her frustration with stigmas against public nudity.”  Since that time, she planned to expose herself in open court in furtherance of her message.

On the day of her scheduled court appearance, she was appointed to an 89-year-old attorney, who apparently was “sort of confused by [his new client’s] behavior.”

Going against her attorney’s advice, Ms. Van Voast exposed her breasts to a female judge, who then continued the case until the afternoon so that Ms. Van Voast could consult with her attorney and hopefully avoid a contempt charge by apologizing to the court.

Eventually, in so many words, Holly Van Voast apologized for her behavior in court and received an “adjournment in contemplation of dismissal,” which means that her case will be dismissed if she remains out of trouble for six months.

While the story may seem amusing to some, what if Ms. Van Voast had been a male photographer?  If a male defendant exposed himself in open court, do you think he would have received the same treatment from the judge?

Math Teacher Caught Masturbating in Class (posted on 11/18/11):

Last week, a student at an Illinois Christian school told one of her teachers that she thought 75-year old teacher and ordained minister Paul LaDuke had been masturbating behind the podium during class.

According to CBS News, during arraignment, the prosecutor informed the judge that they have a handwritten note from LaDuke saying that he had been masturbating to fantasies of female students for the last decade.

Besides the lewd conduct, there is apparently no evidence that LaDuke ever touched any of his students.  The now-former teacher has been fired and charged with felony sexual exploitation of a child.

LaDuke’s defense counsel is suggesting that his client may have dementia.

There seem to be several dementia patients who begin acting out sexually due to their mental limitations/deteriorations.  Sadly, the general public does not seem to understand the effect that mental illnesses can have on a person’s likelihood to sexually offend.

How do you think we can alleviate this problem?  Do you think we should just imprison those who act out sexually, even if it is related to a mental health condition?  Or do you think there is a way to protect victims of these offenses and yet still attend to the serious mental health problems of the offenders?

For more information about legal representation of those charged with sex crimes, please visit: http://katherinegodinlaw.com/areas-of-law/sex-crimes/

For those charged with or convicted of a Massachusetts sex crime, please visit:  http://www.masexcrimesdefense.com

Katherine E. Godin, Esq.

The Law Office of Katherine Godin, Inc.

615 Jefferson Blvd.

Warwick, RI 02886

Phone: (401) 274-2423

Fax: (401) 489-7580

Email: kg@katherinegodinlaw.com

Website: http://www.katherinegodinlaw.com