John Couey, Who Buried 9-year-old Jessica Lunsford Alive, Has Died In A Fla. Prison
Wednesday, September 30, 2009
John Couey, Who Buried 9-year-old Jessica Lunsford Alive, Has Died In A Fla. Prison
Scott Gagnon - Repeat Sex Offender - Charged with FIFTH Sex Crime after "Experts" say he's not dangerous
TEWKSBURY (WBZ) ― A four-time convicted sex offender is being held without bail, now charged with sexually assaulting a jogger along Plum Island Beach in Ipswich.
Scott Gagnon, 51, of Tewksbury, is charged with assault with intent to rape.
He was arraigned in Newbury District Court Tuesday.
Prosecutors say he knocked a woman down while she was jogging Monday, groped her, and then ran off when two people came to help the victim.
Gagnon is a registered level 3 sex offender. He was convicted of child rape and assault charges back in 1980.
According to the Essex County District Attorney Gagnon was released from prison in 2007 because two qualified examiner said he was no longer sexually dangerous. As case law stands now in Massachusetts, those expert findings can't be challenged by prosecutors to hold an individual longer.That's outrageous to Andrea Quinn of Tewksbury. Gagnon tried to sue her last year when she used the sex offender registry to expose him as an employee at a local McDonald's, where children often eat. He was fired. Andrea says she's proud to be a whistleblower.
"He's an offender. He'll reoffend and reoffend as long as they allow him out in public."
If convicted on this latest charge, he faces 20 years in prison.
Previously on VigilantAntis
A convicted rapist fired from his job at a McDonald's in Tewksbury after a woman told management he was a registered sex offender has dropped his lawsuit against the woman and the restaurant.
Scott Gagnon's attorney, William Korman, confirmed to the Boston Herald that the suit had been dismissed but would not say why his client decided not to go forward.
Gagnon had claimed that Andrea Quinn had misused information about him on the state's Sex Offender Registry Board. He sued the company that owns the McDonald's franchise for breach of contract.
The 50-year-old Gagnon was released just over a year ago after spending 27 years in prison on multiple counts of rape. He is classified as a Level 3 sex offender, considered the most likely to re-offend.
A police officer testified Tuesday that a toy store owner told him he hadn’t known the man he hired was a registered sex offender until the employee was accused of molesting a customer’s son.
The store owner said he even had left his children alone with the employee, the officer said.
The store owner’s 5- and 7-year-old sons are among three boys that Hector Salinas, 35, is accused of molesting. He is being tried on charges of indecency with a child by sexual contact.He was arrested last August on the newest allegations that he inappropriately touched three boys.
This isn’t the first time Salinas has been accused of such a crime. In 1995, he pleaded guilty to molesting and sodomizing two boys in a grocery store bathroom. He served 10 years deferred adjudication probation in that case.
The father of one of the boys said he took his 7-year-old son to the toy store on Aug. 9, 2008. He said he was looking at T-shirts when a store employee asked if his son could see a comic book. The boy told him later that day that the employee fondled him while they were in a back room of the store.
The boy, now 8, took the stand Tuesday and pointed out Salinas as the man who touched him while they were looking for action figures.
His mother cried as she told jurors that her son has blamed himself for the incident and now hates to sleep alone.
Corpus Christi Police Officer Michael Manzano said when he went to question Salinas at the store he admitted he was a registered sex offender.
The officer said that news alarmed him because he knew young children frequented the store and many times were unattended. He added that when he asked Salinas about possible video surveillance footage of the store, Salinas told him the system had malfunctioned that day.
Manzano said he later talked to the store owner who told him he hired Salinas after he had been a longtime customer. He told Manzano he didn’t know about his criminal history.
Salinas’ attorney, David Sibley has accused authorities of unfairly targeting his client and of fabricating evidence.
Sibley brought up that the 8-year-old boy’s parents have sued the store owner and insinuated they had ulterior motives. He noted testimony from two forensic nurse examiners who said they found no visible injuries during exams of the three boys.
Prosecutors Anna Jimenez and Sandra Eastwood pointed out no injuries didn’t mean much because the allegations are that Salinas fondled the boys over their clothing.
The trial continues at 8:30 a.m. today in 94th District Judge Bobby Galvan’s court.
A 75-year-old man accused in two cases of indecent exposure involving children appeared in court Tuesday for the second time in two weeks.
Larry Hostetler went before a judge on charges that he flashed a 14-year-old girl at a Dollar General Store in April.At Hostetler’s hearing Tuesday, his attorney told the judge that a plea agreement has been offered by the state that the defense likely will accept. The agreement will cover both pending cases, she said.
The convicted sex offender also was in court last week on a separate case in which he allegedly exposed himself to a 3-year-old girl at a Kmart store in June.
Both sex offense cases have been transferred to the courtroom of St. Joseph Superior Court Judge Roland Chamblee Jr., where Hostetler is to appear at 8 a.m. Oct. 1.
Officers are searching for a registered sex offender who is currently being sought for aggravated assault and stalking, police said Monday.
Trevor Mark Mazak, 33, is reportedly actively avoiding arrest and has threatened suicide and stated he will not go back to jail.
Police said Mazak is considered armed and dangerous and has a violent past.Trevor Mark Mazak is 5 feet 9 inches tall, 185 pounds, bald, with blue eyes and facial hair.
He has tattoos covering his left shoulder.
Contact Detective Chris Perez at 480-782-4433 or the Chandler Police Department at 480-782-4130 if you have any information regarding the whereabouts of Mazak.
A man in prison for fondling a 9-year-old girl was sentenced to additional prison time Monday for molesting a 6- or 7-year-old girl in 2006.
Scott Phillip Johnson, 31, was sentenced to 46 months in prison by Judge Nancy Bostrack after a jury found him guilty Aug. 21 of second-degree criminal sexual conduct with a victim younger than 13. Prosecutors will likely ask that Johnson be indefinitely committed when he is released; if not, he'll be placed on conditional release for the rest of his life.
Johnson is currently serving a three-year prison sentence on a conviction last year for criminal sexual conduct, and has two previous similar convictions in Minnesota and Hawaii.
Winona County Attorney Chuck MacLean said in court Monday that Johnson should be given an aggravated sentence, arguing state sentencing guidelines were insufficient for the case. He pointed to Johnson's multiple convictions, all involving young girls, and said Johnson has repeatedly been kicked out of sexual-offender treatment programs.MacLean asked Bostrack to double Johnson's sentence to 92 months. He also said Johnson will be reviewed for potential civil commitment in the Minnesota Sex Offender Program before he is released. Commitments to the program are indefinite, and since its inception in 1994, none of the program's more than 500 parolees have been released.
"This is, in short, a very dangerous man," MacLean said. "It is imperative that maximum prison time be given."
Johnson's public defender, Karin Sonneman, said the civil commitment process negated any need for a sentence beyond state guidelines, calling Minnesota's civil commitment process one of the most stringent in the nation. Bostrack ultimately declined to order an aggravated sentence. Johnson was given credit for more than 800 days served in custody.
Johnson molested the child in 2006. According to the criminal complaint, the girl asked her mother what "molested" meant after hearing the term on TV. The girl's mother explained it. Her daughter responded, "That's what (Johnson) did to me," according to the complaint.
Detectives believe Christopher Tysean Webb may be responsible for assaults on other teen-age victims, according to the Los Angeles Police Department.
The rape attempt occurred about 1:05 a.m. Monday when the girl was walking near Melrose and Alta Vista Boulevard, according to a statement from the LAPD West Bureau Sexual Assault Detail.
A man walked alongside the girl, engaged her in conversation, then pulled her into an alley and tried to rape her, the statement said.
The girl cried out for help and several residents called 911. Officers arrived in patrol cars with lights and sirens activated, and the suspect ran away, the statement said.
Detectives identified Webb as the suspect and arrested him at 10:30 a.m. Monday, the statement said. He is a registered sex offender, according to the LAPD.
Webb has distinctive, script-lettered tattoos on the back of each hand, reading "Honey" on the right and "Combs" on the left, police said.
Anyone with information about the attempted rape or similar assaults was urged to call the LAPD at 213-473-0447 or 877-527-3247.
Webb was being held at the LAPD's Wilshire Area Jail, his bail set at $225,000, according to the Los Angeles County Sheriff's Department. He was booked on one felony count of "attempt rape-victim incapable of consent," a sheriff's jail employee said Wednesday morning.
A 52-year-old employees of at a Northwest Side McDonald's was held on $150,000 bond Tuesday on charges alleging he performed a sexual act in front of an 8-year-old girl in the play area of the restaurant.
Pablo Salgado, of the 2900 block of North Monitor Avenue, was charged with sexual exploitation of a child, according to police.
Judge Peggy Chiampas set bond at $150,000 during a Tuesday hearing, according to Cook County State's Attorney's office spokesman Andy Conklin. Salgado is scheduled for a preliminary hearing on Oct. 19.
Salgado was arrested Monday at 5:40 p.m. at the restaurant in the 3500 block of North Harlem Avenue and the felony charge was approved at 10:37 p.m. Monday, according to police.
The alleged incident took place the evening of Sept. 19 at the restaurant at the Harlem Avenue address when Salgado was cleaning the slides in the children’s play area where an 8-year-old girl went to play, according to police.
Salgado allegedly asked the child, “Do you know what the older kids do in the tunnel slides after the store is closed? They rub each other.’’ This he supposedly said while rubbing his groin area, groaning and telling the girl that the older kids “like it,’’ according to police.
Salgado allegedly attempted to prevent the child from leaving while he fondled himself, police said. She was able to leave when another child entered the area, distracting Salgado, police said.
Salgado was reportedly arrested in 2003 for public indecency and was convicted for criminal sexual abuse in 1999 for which he received supervision, according to police.
A former Clark County educator, convicted of sex crimes against a student, is in trouble with the law again.
Timothy Mattern is accused of inappropriately contacting an underage girl 146 times in four days.
Mattern was convicted of sexual battery against a student eight years ago, and now authorities believe that he was traveling down a similar path with another young girl.Parents in Clark County are angered to learn that Mattern, a Tier II sex offender, is accused of inappropriate contact with another young girl.
Phyllis Locke of Clark County said, “I’m appalled that we have someone in this community that continues to mess with our children.”
Mattern, a former counselor and coach, was convicted in 2001 of sexual battery against a student at Shawnee High School. He served three years in jail and was forced to register as a sex offender.Prosecutors charged Mattern with five counts of violating a protection order, each day that he contacted her.
In August, parents of another young girl got a protection order against Mattern, claiming that he was in an inappropriate relationship with their daughter.
Sheriff Gene Kelly said, “He continued to violate that order and in a period of five days he made more than 140 calls and texts to this female child.”
Sheriff Kelly said Mattern met the girl at different school and church functions. He said his office is especially concerned because the case is looking a lot like the first one.Parents like Locke said this incident proves how adults have to take an active role in their children’s lives.
“He’s following the same pattern as the previous conviction. So we are trying to keep this man away from the child,” Kelly said.
Locke said, “You have to step up and be in school and know who your kids are around."
Kelly said the investigation is still open and very active. Depending on what detectives learn about the relationship between Mattern and the juvenile, more charges could be filed.
Johnny Lee Davis, a 36-year-old white male, faces charges of rape second degree after he reportedly had intercourse with a young girl living in his trailer park, said Brundidge Police Chief Moses Davenport.
Davenport said Davis was a resident of the Lapine Trailer Park in Brundidge.
“Some juveniles witnessed he was having sex with a 13-year-old living in the trailer park,” Davenport said.
Davis was a convicted sex offender from Barbour County, where Davenport said he faced similar charges.
“He was pretty much charged with the same thing,” Davenport said.
Davenport said Davis was required to register as a sex offender at least 30 days prior to moving to Pike County, which he failed to do.
Davis has been taken to the Pike County Jail where his bond has been set at $40,000.
Tuesday, September 29, 2009
Lancaster City Police have made an arrest in a stalking incident involving a Lancaster Township woman.
In July, the woman reported that she was being followed by an unknown male. The incidents happened over a period of time at several different locations including the victim's home.
After a positive identification from the victim, Lancaster City Police have charged 60 year old Mozella Drakeford of Lancaster with one count of stalking. Drakeford is a registered Megan's Law offender.
Police said they found a missing girl in the residence of a registered sex offender.Police charged Victor Harvey Anderson, 30, of 18 Puritan Lane, Sunday with failing to comply with registration requirements under the state’s Megan’s Law. He was arraigned by District Judge James Tupper in Kingston Township and jailed at the Luzerne County Correctional Facility for lack of $5,000 bail.
Police said they learned Anderson is a registered sex offender from South Carolina. He was convicted in 1998 for lewd acts upon a child younger than 14 years old, according to South Carolina court records.
Police said they were searching for a girl who ran away from home on Sept. 20 and were led to the Puritan Lane residence, where she was found unharmed and returned to her parents on Sept. 21.
Anderson told police he had been living at the Puritan Lane residence for about three weeks. He used a South Carolina registration card to identify himself and that led police to learn he is a registered sex offender and wanted in South Carolina, according to the criminal complaint.
Police said in the criminal complaint that Anderson registered a residence at 413 Market St., Wilkes-Barre, with authorities in Pennsylvania on June 19. The Market Street residence is in Kingston, the criminal complaint says.
According to Luzerne County court records, Anderson – who is facing unrelated drug charges – submitted a change-of-address form registering his address as 410 New Market St., Wilkes-Barre, on July 20.
Anderson and Isaac Hilton, a former arena football player with the Wilkes-Barre/Scranton Pioneers, were charged earlier this year with selling marijuana from an apartment they shared on Second Avenue, Kingston, according to arrest records.
Hilton, 28, is originally from South Carolina.
Police said they found 70 bags of marijuana and a loaded 12-gauge shotgun in the Second Avenue apartment, arrest records say.Anderson and Hilton are scheduled for trial in Luzerne County Court on various drug offenses.
A preliminary hearing on the latest charges filed against Anderson is tentatively scheduled on Oct. 6 in Wilkes-Barre Central Court.
Westminster Police confirm that on September 19th, a man grabbed and molested a little girl. Witnesses say he picked her up and was headed for the door.Bystanders started yelling for help. But no one stopped the suspect, 34-year-old Kevin Salyers. Until something even more unusual happened.
A man working at the Comcast table at the front of the store tackled the suspect. Even more amazing, the Comcast employee, 22-year-old Cameron Aulner was in a wheelchair.Aulner lost the use of his legs when he fell off a roof installing Christmas Lights. He said he played a little football before he got hurt and knew how to tackle.
"It was something that happened so fast, I didn't even think about it," Aulner said Tuesday. "I'm not a hero. I just did what you're supposed to do."
"He just had this look of astonishment, he didn't know what hit him," Aulner said. Witnesses say Aulner helped hold Salyers down until police arrived.
Westminster Police charged Salyers with Sexual Assault on a Child. They are considering giving Aulner an official commendation.Comcast is also praising his efforts.
"As a parent, I'm thrilled that the child was ok and the person was apprehended," Marketing and Sales director Matthew Moyer said. "I applaud Cameron for getting involved and happy that the child wasn't injured."
Aulner said this was simply a matter of doing the right thing.
"When someone has an opportunity to help someone else, it doesn't matter who you are, you have a responsibility to do that," Aulner said.
Monday, September 28, 2009
Awaiting a 2007 trial on charges of using the Internet to solicit children for sex, Daniel Bryan Penn couldn't help himself, authorities said.
The 28-year-old, who used to live near Boynton Beach, logged onto his computer and, on Jan. 29, 2007, began a relationship with a Florida Attorney General's Office investigator who was posing as a 13-year-old girl from Jacksonville, according to an arrest affidavit made public this morning.
In a handful of conversations, Penn discussed having sex with the girl, the affidavit said. His online advances continued until May 2007, when he was convicted of sending harmful material to minors via the Internet. He was sentenced to two years in prison. The next day, the state investigator searched Penn's house and seized his computer. Penn was imprisoned at Holmes Correctional Institution until March of this year, when he was released. He moved to Indiana, where the investigator found him when he sought to charge him in the 2007 exchanges. Penn was arrested on solicitation charges and eventually brought to the Palm Beach County Jail. This morning he appeared before a judge, who ordered him held in lieu of $150,000 bail.
In a handful of conversations, Penn discussed having sex with the girl, the affidavit said.
His online advances continued until May 2007, when he was convicted of sending harmful material to minors via the Internet. He was sentenced to two years in prison.
The next day, the state investigator searched Penn's house and seized his computer.
Penn was imprisoned at Holmes Correctional Institution until March of this year, when he was released. He moved to Indiana, where the investigator found him when he sought to charge him in the 2007 exchanges.
Penn was arrested on solicitation charges and eventually brought to the Palm Beach County Jail. This morning he appeared before a judge, who ordered him held in lieu of $150,000 bail.
A Vermont child molester, whose case triggered national media attention, is still behind bars ten months after he was scheduled to be released from prison.
The case of child molester Mark Hulett made headlines three years ago when Judge Edward Cashman sentenced Hulett to only 60 days behind bars for repeated sexual abuse of a girl under ten.After a storm of complaints, Cashman re-sentenced Hulett to serve a minimum of three years in prison. Those three years were up in January.
But corrections officials say Hulett has refused to co-operate with release planning and he will not get out of jail until he does.
"If he chooses to take a maximum sentence imposed, then that's his choice. If you don't abide by the conditions that the Department of Corrections sets you'll serve your maximum sentence. If he does not give us a residence that we feel comfortable with, then he'll likely do the full maximum term of his sentence," said Vermont Corrections Commissioner Andy Pallito.
The Commissioner says Hulett has been transferred to a prison in Kentucky for now. If Hulett does not cooperate, he could be held for his maximum sentence of ten years.
When Judge Edward Cashman sentenced Mark Hulett, 34, to 60 days in prison for sexually abusing a child, he said he wanted to make sure the man got treatment that would be available while he was behind bars.
Ever since, he's been vilified by television commentators, bloggers and even the governor who say he was too light on the crime.
On Thursday, the case was back in court, and state prosecutors persuaded Cashman to reconsider the sentence. Prosecutor Robert Simpson argued in court papers that a 60-day jail term wasn't nearly enough.
"This court's sentence must consider and include punishment for the defendant's action in repeatedly sexually assaulting this child," Simpson said.
Hulett had pleaded guilty to charges that he had sexual contact with a girl during a four-year period beginning when she was 6.
After Cashman announced the sentence, Gov. James Douglas called for the judge to resign and several lawmakers suggested he be impeached.
William Norful, the woman’s lawyer, filed the requests last month as part of the ongoing case.
In December 2008, prosecutors charged the woman with felony aggravated sexual assault on a child younger than 10 and aiding in the commission of a felony. If convicted, the mother faces a minimum sentence of 10 years in prison, far more than Hulett’s sentence.
Hulett was sentenced in January 2006 to three years in prison for sexual assault.
Vermont law has changed since the conviction, and now states that accomplices in sexual assault crimes are to be held as accountable as perpetrators.
Prosecutors say the woman knew about and did not try to stop Hulett from sexually abusing her daughter. The abuse occurred repeatedly at the girl’s home when she was between the ages of 6 and 10.
In an interview with a therapist last summer, the daughter said her mother was aware of what was happening in the home, according to a police affidavit.
David P. Hoffman - Repeat Sex Offender - Started as Juvenile Offender - Created 56 victims - He wants out
Hoffman claims that he molested 46 boys ages 2 to 16, and 10 girls ages 4 to 16 from the time Hoffman was 10 to 18 years old, said Angeline Stanislaus, a psychiatrist with the sexually dangerous persons program at Big Muddy Correctional Center.
A McHenry County judge plans to rule Sept. 30 on whether a former Woodstock man convicted of molesting two teen boys and a young girl is still "sexually dangerous."
David P. Hoffman, 48, is asking Judge Sharon Prather to release him for community-based treatment after spending about 29 years in a special prison program for sex offenders at high risk for committing new sex crimes.
But prosecutors and program leaders argued Tuesday that Hoffman had not made enough progress in managing his pedophilia since he was incarcerated in 1980. Program leaders said Hoffman kept pictures of clothed teenaged boys in his Bible that he used for deviant purposes until they were confiscated in May 2008.
Hoffman was charged with sex crimes twice as a juvenile and was arrested in 1979 as an adult for allegedly having sexual contact with two teen boys several times. While out on bond on those charges, he was arrested for allegedly molesting a 7-year-old girl during a two-year period.Hoffman told program leaders that he believed that he was ready to be released but couldn’t be in a neighborhood with children, Stanislaus said.
Hoffman claims that he molested 46 boys ages 2 to 16, and 10 girls ages 4 to 16 from the time Hoffman was 10 to 18 years old, said Angeline Stanislaus, a psychiatrist with the sexually dangerous persons program at Big Muddy Correctional Center.
Hoffman seems to discuss the molestation honestly but claims some were consensual relationships, said Mark Carich, a psychologist and program supervisor.
The program, which has about 155 inmates, aims to reduce sexual offenders’ deviancy and teach them to manage their impulses. About 14 percent are released from the program, Assistant State’s Attorney Ryan Blackney said.
Despite his long incarceration, and years of treatment, Hoffman still shows a sexual predisposition toward children, psychiatrist Angeline Stanislaus said.
"He doesn't just have a sexual interest in children and keep it to himself," she testified. "He engages in sexual acts with children and commits criminal offenses."
As recently as last year, prison authorities found magazine photographs of children in Hoffman's cell, some hidden within the pages of his Bible.
"He's still engaging in deviant behavior, and he's still focused on children and teens," said psychologist Mark Carich. "He sees kids as objects, sexual objects and minimizes the harm (he's done)."
A convicted child sex offender extradited from Mexico has been sentenced to a further 16 months in prison.
Andrew Jeremy Eden (15/08/58) was ordered to serve another 16 months for failing to notify police of his intention to travel abroad under the Sexual Offences Act 2003.
Eden was convicted of indecently assaulting a seven-year-old child in June 2001. He was sentenced to four years in prison, with a further three years to be served on licence, and forced to sign the Sex Offender's Register.Officers contacted the Mexican authorities to establish whether he was living there. On 13 September 2008 Mexican authorities confirmed they had arrested him and extradition proceedings began.
In February 2005, he was recalled to prison after breaking the conditions of his registration under the Sexual Offences Act. Officers went to his address in Rochdale to arrest him but he was not there and could not be traced.
He was traced to Mexico after a tip off from a member of the public who saw his details on the Child Exploitation and Online Protection (CEOP) Centre's "Most Wanted" website.
The extradition was granted in December 2008 but Eden appealed against it. He lost his appeal and officers from GMP's extradition unit travelled to Mexico on Monday 29 June to bring him back to the UK.
He arrived back in Manchester on Thursday 1 July and was immediately taken to a police station.
Detective Inspector Debbie Conlon Houldershaw from GMP's Sex Offender Management Unit, said: "Eden has been proven to be a danger to children. He thought by travelling abroad he would be able to escape the restrictions imposed on him in the UK.
"This shows that Greater Manchester Police will do everything possible to bring these offenders back to the UK.
"This process is not easy and the officers involved have put a lot of work into getting him back so he can be properly monitored and avoid putting any further children at risk."
Jim Gamble, Chief Executive of the Child Exploitation and Online Protection (CEOP) Centre said: "Once again we have seen the benefit of engaging the public through CEOP's Most Wanted website. Our Offender Management team have worked alongside officers from Greater Manchester Police to locate and trace a high risk child sex offender who thought he could avoid being managed in the UK by travelling to Mexico."This should send a clear message to other missing child sex offenders; however far they travel, we will track them down and bring them to justice."
David Lawrence Fiske, 49, arrested last September 17 by elements of the BI-Interpol unit inside his pension house along M.H. Del Pilar St., Malate, Manila, will immediately undergo summary deportation proceedings.
"This also proved time and again, that the country is not a safe haven for foreign fugitives, especially those who intend to sexually abuse our women" the BI chief said.
Atty. Floro Balato Jr., BI-Interpol chief said Fiske is the subject of an outstanding arrest warrant issued by a district court in Harris County, Texas for failure to register as a sex offender. He added that the US State Department had canceled Fiske’s passport upon learning that he had fled to the Philippines.
"Fiske also fraudulently used an Australian passport to escape arrest upon entering the Philippines," Balato added.
Upon his arrest, authorities discovered that he has in his possession a laptop filled with pictures of girls. BI investigators gathered that Fiske had enticed his victims to pose nude in front of a computer where he would took pictures.
Records showed that Fiske arrived in the Philippines as a tourist from Thailand last June 22 where he also enticed girls in Thailand to pose naked in his camera in exchange of money or by promising to marry them and bring them to the United States.
A registered sex offender won’t be handing out candy on Halloween anytime soon.
During a sentencing hearing on Tuesday, Dodge County Circuit Court Judge Steven Bauer ordered that Edward Lieber, as part of his sentence, never put up a Halloween display or pass out candy or gifts to children.
Lieber, 35, was found guilty on three felony counts of intentionally photographing a minor without consent as a registered sex offender.
The Waupun Police Department was contacted by three Waupun parents in regard to Lieber taking pictures of their young children, ages 2, 3 and 4, while they were trick-or-treating at his Madison Street home last Halloween.A woman told police that the children entered a “Halloween-type structure” where Lieber was sitting inside with a camera.
Witnesses said that as the children entered the structure, Lieber followed them and proceeded to take pictures of the children without asking permission, according to the criminal complaint.
Lieber is listed on the Wisconsin Sex Offender Registry after he was convicted of sexually assaulting a 14-year-old Fairwater girl in 1993, according to the criminal complaint.
Lieber told police that he took approximately five to six photographs that were intended for his father, according to the complaint.
Bauer also ordered Lieber to serve 60 days in the Dodge County Jail followed by two years of probation.
Oustigoff molested the girl, dressed as a princess for Halloween, in the bathroom while the grandmother was in the other room."He knows enough to deceive the police and family members about what he's doing but he doesn't know enough to know right and wrong?"
For Victor Oustigoff the courtroom was not a bad place to be -- away from the sneers and taunts in jail. His lawyer told him all he would have to do is answer questions. That was simple. He could handle that.
Oustigoff, 63, sat in the hard chair and picked at the cuticles of his worn-down fingernails, his eyes blankly staring at his handiwork. His oily hair hung like a shield over his face.
The question that brought him to court that day: Was he mentally competent to go to trial? Could he help defend himself against criminal charges that he molested six girls?
The judge would eventually rule that he was, despite his I.Q. of 70, which is 30 points below average -- on the edge of retardation, according to professional standards.
There are hundreds of people in Alaska prisons like Oustigoff, people who are mentally incapacitated in ways that cannot be medicated. Many suffer from Fetal Alcohol Spectrum Disorder, others from traumatic brain injuries. They revolve in and out of the jails. The state punishes them for mostly petty crimes; they do their time and are released only to come back on a new charge.
While the Department of Corrections is the state's largest provider of mental health services, it can do little for people like Oustigoff who are more handicapped than mentally ill. Other state agencies can, in fact, do very little for him also.
If people like him don't have family to monitor their behavior, many are left floating through the world on their own -- hurting and being hurt.
This isn't the first time Oustigoff has been arrested for child molesting. Police say he committed a similar crime in the late 1980s. For that conviction he was sentenced to six years in prison. Then he spent more time in and out of jail for probation violations, such as not checking in with his parole officer. In 2004, he was charged with failing to register as a sex offender.The Anchorage police officer who investigated Oustigoff, Sgt. Gerard Asselin, said he had no qualms about arresting him. Oustigoff knew what he was doing was wrong and tried to cover his tracks, Asselin said.
This time, Oustigoff is charged with 14 counts of various degrees of sexually touching young girls, most of whom were related to him in some way. None of the charges are for actual rape. Anchorage police say he had six victims from the summer of 2002 to October 2007, ranging in age from 3 to 10 years old.
"Mr. Oustigoff admitted to a lifetime of conduct similar in nature both in Anchorage and his prior village. ... How can he not know? He's doing it because he's getting -- pardon me -- but he's getting his rocks off."
Asselin said that when police discovered what Oustigoff was doing, he tried to hide it and blamed others. "Blaming other people for what you're doing? There's a lot of thought process going on there," he said.
From the time he was a little boy on St. Paul Island in the Pribilofs, Oustigoff's family knew there was something not quite right about him, said his older brother Vlass Shabolin, who still lives in the village.
When Oustigoff was a little boy his mother died, depriving him of the woman who was kind, patient and protective of his oddities. He watched her cancer progress, a battle she fought largely on her own, pulling out the tube in her throat to clean it herself.
After her death, the family would find him sleeping by her cold grave at night.
"He had it rough," said his sister Manefa Bartley.
Like his siblings, Oustigoff was adopted and raised by neighbors.
It's not clear when or why he was first taken off the island. He told the court during one proceeding that it was because he was told not to speak Russian at school, so he threatened the teacher with a razor.
But there's another story. Several years after his mother's death, Oustigoff and his best friend were chasing foxes on the windy tundra when the other boy plunged to his death off a steep cliff. Oustigoff returned home late, couldn't stop screaming, and had to be hospitalized that night, Bartley said.
The dead boy's mother blamed Oustigoff for what happened. Even Oustigoff's own family doesn't seem to be too sure.
Shabolin says whatever happened "put violence in his (brother's) mind."
As Oustigoff tells it 50 years later from jail: "I found his body. We should have stayed off the cliff. They said I killed him."
What does an isolated, rural community do with a person -- a child -- like this? Mostly they send them away. Back in the 1950s, that's what they did with Oustigoff. He was sent to Morningside Hospital, an infamous Portland, Ore., institution where Alaska used to send its mentally ill before it was shut down in the 1960s.
Even today, after the passage of so many years, Oustigoff has held on to the memories about being torn away from the island. Ask him about his day or what he did yesterday and he'll break into stories about Morningside. The stories don't make sense but the images repeat: electric shock treatment, padlocks on the doors, telling nurses "he's not a faggot," and being beaten.
Oustigoff is scattered in his thoughts and in addition to his low I.Q. may have fetal alcohol problems, although he's never been diagnosed. He functions well enough that he doesn't need a guardian, but he's not capable enough to function "normally" in daily life, his family says.
People like him who are mildly cognitively impaired don't qualify for community service programs, said Steve Williams, a program officer with Alaska Mental Health Trust who focuses on disability justice. "It is very difficult for them," he said.
Because they aren't protected in the swaddle of those services, as more impaired people are, they have a higher risk of entering the criminal justice system, he said.
Laura Brooks, the director of behavioral health with the state Department of Corrections, estimates 2 to 5 percent of people in prisons are like Oustigoff. "Often times it's really challenging to identify these folks because they really fly under the radar," she said. "They are quiet or subdued and so they don't always come to the attention unless there's a problem or unless they tell us that they need some assistance."
Alaska, with one of the highest rates of fetal alcohol syndrome in the country, may have more of such prisoners than other states, she said.
While experts in developmental disabilities say the vast majority of impaired people are more often victim than perpetrator, those who commit wrongs prove difficult to deal with.
"When you have someone who is mentally incapacitated and may not be capable of learning or understanding that this kind of stuff is wrong, what do you do with them? It's a very difficult situation," said Cindy Strout, an Anchorage defense attorney who is not involved in the Oustigoff case but spoke generally about cases like his.
"It's horrible that he's perped on other kids, but it's also horrible for him that now he's going to spend the rest of his life in jail. That's not good for anybody if there's some middle ground for him in a placement where he's supervised."
There's really no place in the state for people who need long-term supervisory care unless they agree to it, she said.
In his late 20s, Oustigoff tried to go back to St. Paul, but it wasn't long before he was put into a straightjacket and taken off again.
"They said I wasn't allowed back on the island. They called me a dangerous person," he said from the Anchorage jail, where he has been housed for two years awaiting the outcome of the molesting charges. "They said I wasn't allowed to go to school in St. Paul or anywhere. I said that's baloney. That's my rights."
Kicked off the island again, his years as a young adult included stints in jail and the Alaska Psychiatric Institute in Anchorage. He racked up misdemeanor charges of assault, disorderly conduct, contributing to the delinquency of a minor, trespass and larceny.
Those who remember him still don't want him back. They remember that when he returned to St. Paul in the 1980s, it led to trouble.
There is no doubt life dealt Oustigoff a bad hand, but that's not the fault of his victims, those on law enforcement say.
The 1991 charging documents against Oustigoff say he repeatedly sexually abused a 12-year-old St. Paul girl. He admitted to having sex with her at least five times, according to court records. One time, he paid her for her silence.
Shabolin, who was a longtime constable for the Alaska State Troopers on the island, believes the earlier case against his brother was bogus. His brother got caught up in village drama laced with alcoholism, revenge and lying, he insists. "Victor never bothered anybody."
Shabolin says his brother is more hurt than hurtful, always has been, and probably always will be. The problem is he desperately wants to be liked. That lands him in compromising situations with people taking advantage of him, even as the family has tried to protect him. "You can tell Victor anything and he'll do it for you," he said.
That's especially a problem when he gets around alcoholics or criminals, his brother said. Oustigoff falls into their rhythm, adopts their behavior.
Documents from the most recent court case say Oustigoff suffers from the residual effects of alcohol dependence, but his family doesn't think so.
In the 1990s case, Judge Karl Johnstone seemed to think Oustigoff had learned his lesson from being arrested and jailed. "I have no information to suggest that Mr. Oustigoff is a pedophile, that he preys on young women," Johnstone concluded.
"Mr. Oustigoff, with no lack of respect, has a low I.Q. and this is the type of thing that is like putting your hand on a stove," he said. "If you have a low I.Q., it hurts, you don't do it again, and you don't have to be a brain trust to understand the consequences of your acts."
Oustigoff was told to stay away from children.
But keeping kids away from him didn't happen. One of the victims in the latest case was the granddaughter of a neighbor. The charges say Oustigoff was at her house on Halloween 2007. Oustigoff molested the girl, dressed as a princess for Halloween, in the bathroom while the grandmother was in the other room. The 3-year-old told police that Oustigoff told her not to tell anyone.Now Oustigoff is an old man.
Sgt. Asselin said family and police had approached Oustigoff before about inappropriate behavior; he's been told not to do it. "He knows enough to deceive the police and family members about what he's doing but he doesn't know enough to know right and wrong?"
The only friends or family he has left are his elderly brother and sister.
A civil court proceeding would be necessary for the state or a family member to get control over his life. He would have to be "civilly committed," something neither sibling is willing to do.
His sister Bartley lives in Anchorage but says she is busy being a grandmother. She didn't grow up with Oustigoff, hasn't really been following his case, and feels little obligation toward him. Besides, she said, she wouldn't allow her brother around her grandchildren. She says the current charges are not Oustigoff's fault but anyone who lets children around him should know better.
Shabolin wants something, anything, other than jail for his brother. Life behind bars is very difficult for him, he says. "They pursue him, they know he's mentally retarded."
"I've been trying so hard to get Victor put in a home," he said in a phone interview from St. Paul. "He has to have 24-hour attention."
He has offered to take care of him on the island but doubts the state will allow it because he has his grandchildren in the house.
"Victor needs all the help he can get," Shabolin said.
When asked where he wants to be and what he wants to be doing, Oustigoff said he doesn't want someone else to be in charge of him. He wants to fish and hunt seal. Going to trial then to prison for the rest of his life isn't real in his mind.
"Then maybe come back here (to Anchorage) and finish my school," he says. "And I think about studying with the monks."
His trial is set for mid-September.
Police are looking for a man convicted of an Arlington rape more than 10 years ago in connection with the recent rape an 11-year-old girl in Oklahoma City.
Melvin Urbina, 33, was sentenced to two years in prison for the 1998 sexual assault of an Arlington woman. He was deported to Mexico after his release in 2001. He returned to the United States illegally and worked in Oklahoma City.Police want to question Urbina about the July 25 sexual assault of a girl who was trying to find some extra chairs for the guests at her godfather’s wedding anniversary party at the Imperial Restaurant Banquet Hall. Urbina was assisting the catering crew. A man the girl identified as Urbina told her that there were some chairs were in the basement, a police report said.
The girl went to the basement but saw no chairs. She asked Urbina about them, the police report said. The girl told police that Urbina pushed her to the floor and dragged her as she struggled to escape, the report said. The music was too loud for anyone upstairs to hear her screams, but Urbina punched her in the head and mouth, saying he would shoot her if she did not quiet down, according to police.He then undressed, telling the girl, "This is going to be fast," the report stated. The man then sexually assaulted the girl, the police report said. Shortly after that, another man knocked on the door looking for chairs, but Urbina yelled that there were no chairs. The man went away, the report said. Urbina then left the building, the report said. The girl told her mother what happened to her, and police were called.
Urbina went home briefly and has not been seen since, police said.
Authorities said Urbina has relatives in Honduras and Mexico and may have left the United States.
"We can’t rule out whether there are any other victims," said Sgt. Jennifer Wardlow, Oklahoma City police spokeswoman. "Someone else could report something later on."
Urbina is required to register as a sex offender for life because of the Tarrant County conviction. Finding no evidence that Urbina did so in Oklahoma, officials charged him in federal court Aug. 19 with failing to register.
On Feb. 16, 1998, Urbina forced a woman into an apartment in the 2400 block of East Park Row Drive in Arlington.
Urbina threatened her, saying if she did not have sex with him, he would bring in four friends, and they would all have sex with her, according to an arrest warrant affidavit. Urbina then took off his clothes and sexually assaulted the woman, the affidavit said.
The woman said that as she was getting dressed, she noticed that Urbina had a 6-inch knife in his coat pocket.
Sunday, September 27, 2009
A predatory sex killer known as 'The Beast', who was linked to several unsolved crimes, has died in prison.
Police said Andrezej Kunowski, 52, was 'probably the most dangerous' of all sex offenders.
He was jailed for life in March 2004 after strangling a 12-year-old girl.Her father came home to find Kunowski in the house and chased him away before returning to discover his dying daughter.
The Polish illegal immigrant came to Britain in 1996 after escaping prison in Poland, where he had been convicted of 17 rapes and faced a total of 70 charges.
In May 1997, he followed 12-year-old Katerina Koneva from school to her West London home and strangled her.
Kunowski's trail of sex crimes might have ended only a month later, when he was arrested for theft. But in a series of blunders by police, he was neither fingerprinted nor DNA-tested and was allowed to disappear.
He was then linked to several sex attacks and the disappearances of two women.
In 2002, he was charged with raping a 21-year-old student in London. Police found his DNA matched traces on Katerina's body and he was jailed for life. He died of heart failure on Wednesday at Frankland Prison, Durham.Yesterday Katerina's mother, Zaklina, said: 'He has escaped punishment. The only positive part is that he will never inflict such a horrific act on any other person.'
Police hope other victims will come forward. Detective Inspector Andy Manning said: 'Now Kunowski is dead I am hoping anyone who was too scared previously will speak to us.'
A man convicted of sexually abusing a minor in 1993, is back in jail after police say he raped a Des Moines woman on and off for three-hours overnight Saturday.
35-year-old Jack Hays allegedly broke into the home of a 42-year-old friend and raped her a number of times during the three-hour period. Police say when Hays left the home around 3:00 Sunday morning, the victim called police. Police took Hays in for questioning where he admitted to the crime. He was arrested and transported to the Polk County jail.
Hays is charged with second-degree sexual abuse and burglary. Hays was released from prison in 2007 after being convicted of sexually abusing a child between 1-day-old and 13-years-old.
More than 100 registered sex offenders live in Ohio nursing homes -- their convictions for rape, gross sexual imposition and sexual battery generally kept secret from other residents and their families.
A gap in state law requiring notification of anybody who lives within 1,000 feet of a sex offender does not require nursing-home owners to inform residents, family members or guardians when an offender moves into the facility.
A Dispatch computer analysis comparing state records of long-term-care facilities with the Sex Offender Registration and Notification list shows that 110 nursing-home residents and six employees are registered sexual offenders. Fifty-one are concentrated at four nursing homes. The other 65 are scattered at 53 homes across the state.
Ohio's total has nearly tripled since 2004, said Wes Bledsoe, head of the Perfect Cause, an Oklahoma-based nonprofit group that has been tracking sex offenders in nursing homes for five years.
About two-thirds of the current offenders in nursing homes are from Tier 3, the most serious category, which includes those who have committed crimes such as rape, sexual battery, kidnapping a minor and gross sexual imposition on a child younger than 12. Not all are elderly; in fact, about two dozen are 50 or younger, in nursing homes because of their physical or mental condition.
"What we're seeing is a truly disturbing and horrifying trend," Bledsoe said. "We're seeing a system that's getting worse instead of better. We're seeing more assaults in facilities. Many times the assailants are never charged."
Perfect Cause has documented at least 60 murders, rapes and serious assaults nationwide in nursing homes by residents who are sex offenders, including a rape of a mentally retarded woman in Cincinnati who was in the facility because of her condition.
The legal loophole touches a nerve with that woman's father, Ray McDaniel of Fairfield, Ohio. Ashley K. McDaniel, 18, was raped early the morning of Aug. 21, 2005, by Rickey Smith, a registered sex offender living in the facility.
McDaniel said the nursing home didn't alert him, call the police or seek medical treatment until he and his wife visited nearly 48 hours after the attack.
Smith was convicted of the crime, served about two years in prison, and is now living in a Cincinnati group home.
"I think he should have been chemically castrated," said McDaniel, who has become an advocate for stronger notification proposals both at the Statehouse and in Washington.
Despite the growing number of registered sex offenders in Ohio nursing homes, advocates for seniors and other long-term-care residents say most are unaware of the potential risk. With no legal requirement that facilities pass along the information, most don't.
"In a long-term-care facility, the offender could be a roommate, yet there is no clear guidance for providers on notification or assessment of risk," said Beverley L. Laubert, Ohio's long-term-care ombudsman.
In her annual report released last week, Laubert urged state lawmakers to approve legislation requiring that residents of long-term-care facilities be informed when a registered sex offender is living there.Some argue that notification is unfair and would create unnecessary fear.
"Nursing-home residents have the right to be notified just like anyone else," she said.
That's by far the biggest concentration at any Ohio nursing home, and accounts for nearly half the registered offenders in Fayette County.
"We don't notify, nor do we segregate. All these people have paid their debt to society," said Paul Andrews, administrator for Carlton Manor in Washington Court House, where a convicted murderer and seven convicted rapists are among the 26 offenders living there.
In Columbus, Bryden Place, at 1169 Bryden Rd., has the largest concentration in central Ohio, with seven offenders, including four convicted of rape and two of sexual battery.
Andrews said his institution is different than the usual nursing home, mixing elements of a correctional facility and a nursing home. He said it has safeguards to protect the residents, including security restrictions, and employs full-time psychologists, social workers and a behavioral-care nurse.
"We are taking care of the fringe members of society who have paid their debt and have nowhere to go," Andrews said.
He opposes notification because it "might upset some residents" suffering from anxiety or other maladies.Andrews said many nursing homes take sex offenders and other more high-risk patients to fill beds.
Pete VanRunkle, executive director of the Ohio Health Care Association, representing long-term-care facilities in the state, said he shares the concern about notification. "I'd feel that way if it was my mother."
But he said requiring facilities to notify residents and family members would put nursing homes in a difficult position.
"There's no provision in the law that says you can kick a person out for being a sex offender. There's no provision that would allow them to not accept them."
State law requires sheriff's offices to notify only the nursing-home operator, but "prudence would say you should go ahead and notify either the residents or the family, too," said Robert Cornwell, director of the Buckeye State Sheriffs Association.
He said the organization supports changing the law to require operators to notify residents, and, at least in cases when health problems such as Alzheimer's disease are involved, their family.
Cornwell acknowledged that he hasn't heard any "horror stories" involving sex offenders in nursing homes, but he said lawmakers shouldn't wait for an ugly incident before acting.
Fayette County Deputy Sheriff Bob Russell, who coordinates the county's sex offender registry, said having so many offenders in Carlton Manor is helpful -- even if it is a nursing home.
"It's working for us. At least I know where those 26 people are," he said.
State lawmakers are expected to examine the issue this fall. Bills already have been introduced in the House and Senate.
Last year, the House unanimously approved notification legislation by Rep. Courtney Combs, a Cincinnati-area Republican. But the bill never had a hearing in the Senate and died when the session ended Dec. 31.
"If grandma lives in a neighborhood, she gets notified. In a nursing home, there could be a sexual offender in the next bed and she doesn't get notified. How do you justify that? You can't," said Combs. He recently re-introduced the proposal.
Sen. Capri Cafaro has introduced a similar bill in the Senate.
But Sen. Tim Grendell says additional notification requirements are unnecessary.
"We have to make sure everybody is protected, especially our most vulnerable citizens," the Youngstown-area Democrat said.
Attorney General Richard Cordray supports the change.
"We think residents should know. That's the purpose behind the law," he said. "Usually you're notifying someone about somebody down the street. If there is somebody down the hall, it's all the more important that they know."
"I certainly have no sympathy for sex offenders, but where do you draw the line?" said the Chesterland Republican, who chairs the Criminal Justice Committee.
The state already requires sex offenders to register with local law-enforcement authorities and for the information to be available to the public online. Mandating that nursing homes also notify their residents could create unnecessary "panic or fear," he said.
"Nursing-home residents and their family members can check for themselves," Grendell said.
"I certainly would want to know if I was putting my mother in a home where a sex offender resided."
Charles Eugene Butcher II has been charged with aggravated kidnapping and failure to register as a sex offender. He was convicted of a sexual offense in Ohio back in 1995.
According to court records, the girl was kidnapped on Brodie Lane while she walked to school. In an affidavit, she tells police her attacker, a white man with a goatee, grabbed her from behind and forced her into his red pickup truck. She says he put a knife to her throat and threatened her.
The court records also state that the attacker brought her to the Mission Tanglewood apartment complex on Aftonshire Way, near the intersection of Brodie and Slaughter where he lives. There, he forced her into a closet and bound her hands with torn dish rags. He held her there for several hours before returning her to Brodie Lane. That’s where an officer found her after the girl's mother reported her missing.
"It’s just terrifying," said Laura Hane.
"It’s an awful thing to happen especially here in the area," said William Strobl.
Strobl lives in the same apartment complex as Butcher.
"It's scary to know that. Any parent must be really frightened and concerned," he said.
The girl was able to give police very descriptive details about her attacker as well as the environment in which he held her captive. That led detectives to Butcher. He was arrested Friday for multiple traffic violations. He was later charged in Thursday's abduction.
If you have any information about this case call the Austin Police Department’s child abuse unit at 974-6880.
Saturday, September 26, 2009
Detectives allege the motive for Whisenant's murder was retaliation. Court documents say it was Whisenant who turned Perez into police for child molestation.
An 81-year-old Tulare County man charged with murder now faces dozens of child molestation charges, and authorities believe he may have shot the man because he accused him of molesting a boy.
Ernest Jesus Perez now faces 54 count of committing lewd acts with a child.
Sheriff's officials say there are three alleged victims. They say at least 20 acts were committed against one boy, who told authorities that Perez paid his family over three years to keep them from reporting him.Authorities believe Perez fatally shot 73-year-old Ronald Whisenant on Aug. 18 at Whisenant's antique store because the man had voiced suspicions about the molestation. The two had been feuding for a year over a bad real estate deal.
Perez has pleaded not guilty to murder, elder abuse and one of the lewd acts charges.
An Elkhart man will spend 80 years behind bars after being convicted of child molesting.
Thirty-four-year-old Andres Sanchez, also known as Roberto Garza, was sentenced yesterday.
He was found guilty of molesting his stepdaughters, ages six and nine.
The two girls told the judge they didn't like being with Sanchez at night because he molested them when their mother was sleeping.
At the trial the girls' mother admitted to telling her daughters to downplay the abuse.
The nine year old was suffering from a life-threatening medical condition at the time of the abuse.
The Crown will try to have 54-year-old Terrence Madden declared a dangerous offender.
Madden admitted in Kitchener's Ontario Court to molesting the girls, who were 8 and 10 at the time of the offences.
“I am guilty of the two girls that I sexually abused,'' he said from the prisoner's box.
Through his lawyer, he said he is willing to undergo chemical castration to curb his sexual urges.
Madden was facing 18 sex-related charges dating from June, 2007. He pleaded guilty to five counts.Details of some of the other counts will be presented at a dangerous offender hearing, if it proceeds.
Madden pleaded guilty to sexually assaulting the two girls, two counts of making child pornography and disobeying a court order not to contact the girls' families.
Between July, 2007 and March 31, 2008, he photographed the girls and himself in pornographic poses, court heard. He offered them $10 to $20.
He downloaded the images on a computer. The images were discovered.
Madden first denied taking the photos when confronted, but when presented with the images, said it was a one-time event, which he didn't recall because he said he had brain cancer.
He later told police the girls were “hitting'' on him, but agreed he should have known better since he was the adult.Madden was staying in Kitchener at the time, but would return to his parents' home in Belleville every month. Under Christopher's Law, Ontario's sex offender registry, he was supposed to notify police in Belleville if he moved.
Suicide notes were found in his jail cell, in which he said, “I'm truly very, very sorry and ashamed of myself.''
His lawyer argued that he wasn't really living permanently in Kitchener, so hadn't changed his address.
Madden's record starts in 1976 and includes convictions for sexual assault, sexual interference, invitation to sexual touching, and committing an indecent act.He'll return to court at a later date.
Friday, September 25, 2009
State Police need your help in locating a registered sex offender who is wanted on new charges of sexual abuse. A juvenile girl told investigators the abuse began in September of 2005 and continued up until last month. When police tried to contact 63 year old John Brittingham of Dover, he ran. He’s driving with a revoked license – and is in a 1992 red Ford F150 truck with Delaware tags – CL50247.
"It's people like me who create the demand for this," he said. "If there were no Andrew Mogilyanskys, there would be no Berenika (the sexual tourism company in Russia). It would not exist."
A wealthy Russian-American businessman who traveled to St. Petersburg, Russia, in December 2003 and in January 2004 to have sex with three underage orphan girls was sentenced yesterday to eight years in federal prison.
U.S. District Judge Mary A. McLaughlin also ordered that Andrew Mogilyansky, 39, of Richboro, Bucks County, spend 15 years on supervised release when his prison term is completed and that he register as a sex offender. She also fined him $12,500 and ordered him to pay $15,000 to his victims.Mogilyansky, a car exporter and owner of a company that distributes fire-extinguishing equipment, said he had made a "disastrous decision" to go to Russia and have sex with the girls, two of whom were 13 and the other 14.
He said that it was "by far the worst thing" he had ever done and that "no words can express my sorrow" for the victims.
McLaughlin said Mogilyansky was truly remorseful but had committed a "grave criminal act."
"[The victims'] lives will be different because they were harmed by Mr. Mogilyansky," she said.Federal authorities have prosecuted more than 50 sex-tourism cases since passage of a law in 2003 that makes it a crime to travel overseas to have sex with underage children.
"Wealthy Americans who think they can shortcut child-sex laws by traveling overseas need to take note of this sentence," U.S. Attorney Michael Levy said.
Mogilyansky, a father of three, has been in federal custody since his bail was revoked after his arrest last December. He pleaded guilty in April to traveling overseas for the purpose of engaging in illicit sex and engaging in illegal sex.
The feds and Mogilyansky agreed as part of his plea to a prison term of 78 to 97 months, within the sentencing range.
Assistant U.S. Attorney Michelle Morgan-Kelly argued for a 97-month sentence, noting that Mogilyansky had "devastated" the lives of his victims and had robbed them of their dignity.
Morgan-Kelly said Mogilyansky thought that Russia was a "free zone" for his illicit sexual encounters and that he would not be caught by the authorities.A friend testified yesterday how Mogilyansky had founded a now-dormant charity that raised $1.2 million to help survivors of the bloody 2004 school-hostage crisis in the Russian province of North Ossetia and arranged for some of the injured children to come to the U.S. for medical care.
Defense attorney John J. McMahon Jr., who argued for a 78-month sentence, said Mogilyansky's criminal behavior was an "aberration in an otherwise remarkable life."
Mogilyansky's wife said he was a caring father and husband. A psychologist hired by the defense said Mogilyansky was not a sexual predator or pedophile.
That charitable work caused McLaughlin to wonder how Mogilyansky could harm children.
Authorities alleged in an indictment unsealed last December that Mogilyansky had conspired with a Russian national, Andrei Tarasov, and three others to create a prostitution business in Russia known as "Berenika" that advertised women and girls for sex and that Mogilyansky was an investor in the business, charges he did not admit to in his plea.
An investigation begun by Russian authorities in 2004 led to the convictions of Tarasov and the three others on child-sex trafficking charges in 2005.
Federal agents also arrested Natalya Goretska, described by prosecutors in court papers as "a close associate" of Mogilyansky's who was involved in Berenika.
Goretska, a Ukraine national, pleaded guilty in April to lying to immigration authorities about her involvement in prostitution and was sentenced to 21 months by U.S. District Judge Lawrence F. Stengel in July.
According to police reports, the woman was walking on South 240th Street in Des Moines on Sept. 13 when Franklin D. Abellera, 48, pulled up beside her in his Chevy sedan. The woman told officers he grabbed her, threatened to stab her and forced her into the car,
Abellera, she said, then parked the car in the driveway of an abandoned home, where he raped her. The woman called police minutes later, reporting the assault.
Using the description of Abellera's vehicle, Des Moines police were able to trace the car to Abellera. The woman then identified him through a photo montage; officers arrested him at his Eatonville home.
Requesting that he be held on $1 million bail, prosecutors noted in charging documents that Abellera is a registered sex offender due to a 1981 rape conviction and faces an indeterminate sentence if convicted that could see him confined for life.Abellera remains jailed.
Bounds committed similar offenses against elderly women in Massachusetts and Maryland.
The first happened in Massachusetts when he was 18.
Less than 24 hours after his release, he committed the crime in Maryland.
Assistant Prosecutor Bambi Couch-Page said Bounds received 21 years of sex offender treatment while in prison.
A three-judge panel rejected William D. Bounds' appeal of a 38-year prison sentence for raping a 70-year-old blind woman in an apartment unit for disabled seniors.Bounds, 50, who was previously a resident of 264 Greenlawn Ave., is at Lebanon Correctional Institution. He was convicted in Richland County Common Pleas Court on two counts of rape, one count of attempted rape and one count of burglary. Judge James DeWeese handed Bounds the maximum sentence after a two-day trial.
The incident occurred Dec. 19, 2007, at an apartment complex on West Second Street. The victim was wrapping Christmas presents at her kitchen table when Bounds entered her apartment, grabbed her from behind, stuck a knife in front of her throat and assaulted her.Appeals court documents said the rapist told the victim afterward he would return. He also forced her to check outside the door to make sure no one was there before he left.
"We find it reasonable that the jury would have believed the testimony and evidence presented by the state," Judge W. Scott Gwin wrote.
After Bounds left the hysterical victim called her son and was advised to call 9-1-1 while he came to the apartment.
Police identified Bounds as a suspect after reviewing surveillance tapes from a security camera at the building, and after interviewing another resident who said Bounds had been in the building that night, drinking a couple of beers with him.
Court records show police learned Bounds was a registered sex offender, whose previous convictions involved the rape or attempted rape of older women.
The legally blind victim identified Bounds from a lineup of photos blown up large enough for her to see them. Prosecutors also used DNA evidence.
In his appeal, Bounds argued charges should have been dismissed because his right to a speedy trial was infringed upon because the trial, originally set for March 2008, was delayed. He also contended he followed the 70-year-old to her apartment, where she agreed to have sex, and argued prosecutors never presented enough convincing evidence to warrant a conviction.
In a Sept. 10 ruling a Fifth District Court of Appeals panel said the delay, caused by the trial judge's vacation, was not long enough to be unreasonable.
The appeals panel also said prosecutors countered Bounds' consensual sex claim with testimony from police officers, a rape crisis nurse, a forensic chemist and the victim.
Bounds committed similar offenses against elderly women in Massachusetts and Maryland. The first happened in Massachusetts when he was 18. Less than 24 hours after his release, he committed the crime in Maryland.
Assistant Prosecutor Bambi Couch-Page said Bounds received 21 years of sex offender treatment while in prison.
A registered sex offender is accused of tying up and raping a woman he met at a bar hours earlier.
According to court documents, Phillip Humeyumptewa used neckties to tie the victim's wrists and ankles together and forced her to have sex with him. The victim blacked out during the rape and woke up to him choking her, the documents states.Humeyumptewa met the woman at the Loading Zone on Tuesday night. The two later went to his home in the 700 block of 5th Avenue North, where the rape allegedly took place, court documents state.
The victim was able to free herself from the neckties and get away after Humeyumptewa fell asleep. She then went to a home in the 800 block of 4th Avenue North, where police responded and found her with the neckties knotted around her left wrist and left ankle.
The victim showed police where Humeyumptewa lived and he was arrested.
Humeyumptewa is a registered sex offender. He was convicted of kidnapping and sexual assault of a minor in Arizona in 1997 - when he was 17. He also is on probation for prior felonies in Flathead County, court documents state.He is charged with felony counts of aggravated kidnapping and sexual intercourse without consent, as well as a count of failure to register as a sex offender. His bond was set at $125,000.