Tuesday, April 20, 2010

WI - De Pere City Council votes 5-4 to ban sex offenders from living within 500 feet of places children gather

Original Article


By Charles Davis

Mayor Mike Walsh cast the tie-breaking vote on Tuesday to make the city of De Pere the 12th municipality in Brown County with a sex offender residency restriction.

The City Council voted 5-4 in favor of the ordinance that prohibits sex offenders from living within 500 feet of any school, day care, park or any other place where children gather. Aldermen Dan Robinson, James Boyd, Paul Kegel, and newcomer Kevin Bauer opposed.

Walsh blamed residency restrictions of surrounding communities for loading sex offenders in the area.
- Residency restrictions are what causes clustering of offenders, and now with you passing a larger restriction, you are pushing them out into other counties, and you can bet they will do the same, and so the shuffle continues.

In 2008, De Pere passed a loitering ordinance that restricts sex offenders from hanging around 200 feet of most places children gather.

De Pere Police Chief Beiderwieden declined comment but has previously said he opposes the ordinance that would impose a fine up to $500 for each violation.

"They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." - Benjamin Franklin

OK - Governor Henry Signs Sex Offender Law

Original Article


OKLAHOMA CITY -- Governor Brad Henry (Contact) has signed more than two dozen bills, including a measure that increases the distance sex offenders must stay away from schools, playgrounds and parks.

Henry signed 26 bills on Tuesday, including one that enlarges the so-called "zone of safety" from 300 feet to 500 feet.

The bill also requires sex offenders with legitimate business in such areas to inform the school or childcare facility prior to entering.

Henry also signed a bill to make a second $5 million payment to the Oklahoma State University Medical Authority in Tulsa. The funds are part of an agreement reached last year to continue the schools residency program and health care for the indigent population in northeast Oklahoma.

"They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." - Benjamin Franklin

TX - Home mislabeled as a registered sex offender's residence

Original Article


By Maddie Garrett

DENISON  – Most people would want to know if a convicted sex offender lived in their neighborhood. But one woman says authorities sent her neighbors notice a criminal lived in her home, when in fact, they’ve never even seen the person.

Texas state law requires that all convicted sex offenders must register their information and address with local law enforcement and then residents living nearby are notified.

But when roughly 600 postcards warning of a registered sex offender were mailed to residents in a Denison neighborhood, Sandy and Dave Wilkirson’s home became the target of neighbors’ concern and questions.

"People have come by, they have looked over here at this house, and my neighbors are hurt by it,” said Sandy Wilkirson.

The quaint blue house at 32 West Parnell in Denison has been in the Wilkerson family for over 40 years. But on Monday authorities claimed it to be the home of a registered sex offender.

"Someone should have verified that this gentleman lived here at this house before Texas Department of Public Safety printed this out and sent it out,” said Wilkerson.

DPS delivered hundreds of postcards in her neighborhood, which is right near Terrell Elementary School, saying that 20y-year-old _____ lives at her house. The card shows his photograph, gives the address and even tells the age of his victim, a seven year old female, and that he was just released from prison.

"What this man evidently did, he made up an address or someone else told him to use this address, somehow he came to using this address but he's never even lived there doesn't even know who lives there,” said Lt. Mike Eppler, Public Information Officer for the Denison Police Department.

Because Gregory was a juvenile when the crime was committed, he's not banned from living in restricted zones for sex offenders, such as near a school. But Wilkirson says law enforcement should have verified his address first.

"I think it's already too late to repair the damage, this should have never gone out,” said Wilkirson.

Denison has about 70 registered sex offenders, and only one detective in charge of keeping up with them.

"We do periodic checks on them at random; also know when their birth date or their registration date's coming up,” said Eppler.

Lt. Eppler said _____ will now be charged for failure to register, a very serious crime that could land him back in jail.

"Well it's a felony charge, it's something we don't take lightly we take it seriously. We investigate it and we file those cases when we find them, whatever the violation is we file them,” said Eppler.

But while DPS told Wilkirson a retraction letter would be too costly to print, she and her husband have to answer to the rest of their neighborhood for a criminal they don't even know. Sandy said it has been a traumatic experience, and she’s worried that people who don’t know them might harass her home.

"So maybe this can get out so the community can know that a sex offender doesn't live here,” said Wilkirson.

As of April 15, 2010, _____ has now listed his address as 1318 Bennett Road in Howe, TX. DPS says it's the job of local law enforcement to gather that information and report it to the state's database. Denison Police say a warrant for _____'s arrest will be issued.

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"They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." - Benjamin Franklin

FL - Sex offenders who lived under bridge evicted

Original Article


MIAMI (AP) -- A group of sex offenders who previously lived under a South Florida bridge are again homeless, after being kicked out of a hotel that some had been living in for months.

More than 100 sex offenders set up camp under the bridge in 2007, saying they were unable to live elsewhere because of a stringent county ordinance. Earlier this year, workers took sledgehammers to wooden shacks and huts beneath the Julia Tuttle Causeway and took down tents, tearing down the shantytown.

A homeless organization found shelter for the offenders in apartments, trailer parks and hotels at taxpayer expense. About 30 offenders had been living in a Homestead Studio Suites hotel when a manager told them Saturday they had two hours to vacate the property. Roughly half were on probation.

Since then, some of the offenders have been living in their cars camped outside of the probation office.

"They were terrified that they were going to be in violation of probation through no fault of their own," said Maria Kayanan, associate legal director of ACLU Florida.

In some cases, the county was paying $1,000 a month per offender to live in the hotel because they couldn't find more affordable, permanent housing.

The ACLU (Contact) is challenging the county's 2,500 foot residency restriction, saying that state law, which opposes a 1,000 foot restriction, pre-empts local government.

It's unclear what prompted the hotel to evict the offenders. One of the boarders was arrested last week for lewd and lascivious molestation on a minor at a nearby shopping center, said Department of Corrections spokeswoman Gretl Plessinger.

The agency is working with each offender to find them housing. Some have moved in with other sex offenders, some are giving street locations as residences, some will likely spend another night at the probation office, Plessinger said.

"It's their job to find themselves a place to live. We will assist them because we need to know where they are. If we don't know where they are we can't supervise them," she said.

Tom Mulligan, of Sitrick and Co., a crisis management firm working for the hotel chain, declined comment Tuesday.

Five sex offenders also left an Extended Stay America in Huntington Beach, Calif., last month. The hotel said the offenders agreed to move following a protest rally by nearby residents. Both hotels are owned by the same company.

Residents said they became aware of the sex offenders' presence when police distributed fliers listing the parolees' names and photos at the hotel's lobby.

Extended Stay Hotels LLC filed for Chapter 11 bankruptcy protection in June. They have since filed to reorganize.

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"They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." - Benjamin Franklin

PA - Follow-up: District took 56,000 photos of students

Original Article


Early this year, the school district of sleepy Lower Merion, a Philadelphia suburb, made headlines it would probably have rather been left out of. After generously issuing laptops to high schoolers, the district came under fire because the devices' tracking software secretly photographed some students — at school and at home.

When one student was disciplined because webcam images allegedly revealed he was using a controlled substance in his bedroom — Mike and Ike candy, his family says — a hellstorm broke loose. Parents accused the school of spying on the students.

Resolution has been slow in coming. Lower Merion had claimed that it remotely activated the cameras only on laptops that had gone missing, in an attempt to determine their whereabouts. The FBI has even gotten in on the case.
- Why not equip them with GPS?

Now more information has come to light, the Philadelphia Inquirer reports, about how widespread the amateur spy operation was. District investigators found that 56,000 photos were snapped by student webcams and transmitted back to district headquarters, the newspaper says.

The district continues to assert that it activated cameras only when computers went missing, and that it did so a total of about 80 times in the last two years. But the district also admits to botching the program: At least five times, it says, it accidentally left the tracking software running after a computer had been located, sometimes for weeks.

The district says that its investigation is ongoing but that in a review of the 56,000 images, none show "salacious or inappropriate" content — a prime worry among teens and parents, who have been concerned that bedroom-situated computers might have grabbed shots of kids out of their Hot Topic threads.

It's a little difficult to believe that none of the material captured is scandalous: Attorneys for student Blake Robbins, who initiated a class-action lawsuit, allege that hundreds of photos of the boy show him in various stages of undress, awake and asleep.

So far, the investigation has found that the tracking system was run with lax attention to detail, to put it mildly, with the district admitting that it didn't have any real policies in place for how the system should be used. In some cases it says it can't even figure out why the program was even turned on in the first place.

The district's full report on the matter is due in two weeks, the Inquirer says.

"They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." - Benjamin Franklin

GA - Reworking of sex offender law nears passage

Original Article


By Ernie Suggs

In a push back against several major court challenges, the Senate appears close to passing a bill that would make several key changes in the state’s sex offender registration law.

The Senate Judiciary Committee on Monday passed House Bill 571, which would clarify the classification of sexual offenders and re-examine residency restrictions on certain sex offenders.

This is an important bill. We were obviously facing a series of legal challenges in federal courts,” said Senate Judiciary Committee Chairman Seth Harp (Email) (R-Midland). “We will correct problems that the federal courts identified.”

At issue is the level of a so-called sex crime.

In March, for example, the Georgia Supreme Court upheld a provision of the state's sex offender registry law that requires some people to register as sex offenders even if they have not committed a sex crime.

_____ tried to get off the list after he was placed on it following a drug robbery. In 2000, an 18-year-old _____ robbed a 17-year-old girl in Gwinnett County who was going to sell him marijuana. _____ and three friends picked up the girl, drove her to a cul-de-sac, stole the marijuana and left her there.

In getting a false imprisonment charge, _____ also had to register as a sex offender, meaning that he cannot live or work within 1,000 feet of any place children gather, such as schools, churches and parks.

Georgia has one of the toughest sex-offender laws in the nation, but courts have continued to chip away at it.

Judges, for example, have granted relief for offenders who own homes, who are homeless and who have gotten mandatory life sentences for failing to register a second time.

House Speaker David Ralston (Email) (R-Blue Ridge), who wrote the bill in the House, said it “takes care of some issues” raised through court challenges.

We’re tried to address and close some loopholes,” Ralston said, describing most of the changes as “fairly minor.”

What is apparently a controversial provision in some camps would allow some low-level sex offenders to come off the registry. Teenagers, for example, who have had sex with younger teens or classmates have also been labeled as sex offenders in some cases.

I think they’re entitled to a shot at convincing the court they’re rehabilitated” and will not be a further danger, Ralston said.

The omnibus legislation also included parts of an incest bill that came out of the Senate earlier in the session.

We tried to address and remedy as much as we can,” Harp said.

The bill, initially sponsored by Sen. Preston Smith (Email) (R-Rome), would provide gender neutrality in incest cases. Essentially, the bill states that if a man rapes his son, or a woman rapes her daughter, that person can also be charged with incest, along with rape or sodomy.

Smith, who had been on the outs with his party over his vote on a controversial hospital tax bill, feared that his legislation -- which he has tried to get passed for four years -- would never leave the House.

I am very happy,” Smith said. “I am thrilled that this is going to become law. There was a hole in the code that needs to be fixed.”

In a somewhat related matter, the Senate passed HB 651, which would give Georgia schools easier access to information on the sexual offender database. That bill passed 47-0.

"They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." - Benjamin Franklin

GA - Second Chance Act Press Conference

Video Link | Georgia State Senate YouTube Channel

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"They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." - Benjamin Franklin

What To Do When The Police Come Calling

Original Article


I'm a battle-hardened criminal defense lawyer, so it always surprises me how weak in the knees I get when a policeman pulls me over. The urge to confess runs rampant, even if I haven't done anything. I assume the authorities must have a reason for wanting to talk to me. What have I done?

Police prey upon our tendency to trust them. Yet confusing the sort of soul-cleansing confession one might give to a priest with the Earth-bound variety police officers ask for is playing with Hell fire. Many a man and woman sits now in a prison cell, convicted by their own words.

I pass along some general observations about cooperating with the police in the hope that it may spare you the sorrow that comes of an improvident confession to a lawman. Mind you, nothing I am writing here is meant to encourage folks to commit a crime. I am simply reminding you that however much confession may benefit the soul in some spiritual sense, the corporeal consequences of a confession could well land you in prison. And prison is not good for the soul.

So here are some common myths and misconceptions about what you must do when the police come calling.

1. The police can order me down to the station to give a statement, correct?

Wrong. The police cannot order you to come down and see them. The Fourth Amendment gives them the power to arrest if they develop probable cause to believe you have committed a crime, and they might have the authority to engage you in a brief investigatory detention. But no case stands for the proposition that you are required to come to the station for a chat. Period.

But fear undermines many folk's sense of self-interest. So does a misplaced sense of hope.

An officer may call and say he needs you to come to the station to tell your side of the story. (He may not tell you just what story that is. My favorite investigative technique? Officers show up at your door and ask: "Why do you think we want to talk to you?") The officer may say that if you don't come to the station he will seek an arrest warrant for you.

News flash: The officer is almost certainly going to seek the warrant anyhow once things have gotten to that point. What he is looking for here is a confession, to bolster the warrant and make a conviction all but a foregone conclusion.

The law does not require police officers to get your side of the story before arresting you. In rare cases only does discussing your case with the police benefit you. The only way to make an intelligent assessment of whether you should cooperate is by consulting a lawyer before you talk to the police. There are no exceptions to this rule. Don't accept the invitation for coffee and donuts at the station.

2. When the police show up at my house, I have to talk to them right?

Wrong again. The normal conventions of polite society do not apply here. The police have not come to your home to trade notes on how your respective fantasy sports teams are doing. They are investigating a crime, and you may well be a suspect. It takes perishingly little to convict of certain crimes. Minor details you give them may be used as a means of corroborating a far-fetched story told about you by others.

This is common in child sex-abuse cases. Suppose your niece or nephew now claims you abused them a decade ago. You are rattled. Shocked. The police want to ask you about the relationship. Where you saw the child. What sorts of things you did together. Why you think the child is saying these things. All of these investigative leads can be turned against you to corroborate the fact that you did, indeed, have contact with the child at certain family events. Your assessment of the child's motives will be transformed into claims that you were deceptive.

Evidence that might truly assist you, e.g., the fact that the child has made similar false or exaggerated claims, background on family conflicts that provide the child with powerful motives to lie to assure that mommy and daddy remain together, united in crisis, and other such information can be provided to the police by your lawyer.

3. If the police don't read me my rights, they can't use anything I say, right?

Wrong, unless you are in custody. The so-called Miranda warnings have become part of American folklore. Unfortunately, many people get it wrong, thanks in no small measure to television. Police are only required to advise you of your right to remain silent if you are in custody. If you appear at the station voluntarily and they tell you that you are free to leave, you almost certainly are not in custody. In these cases, courts will regard your statement as voluntary, and, Mirandized or not, you will eat your own words at trial.

If you are unsure whether you are in custody or not, and believe me, figuring that out is no easy task, simply refuse to speak to the police. Once again, don't resort to normal, polite conversational gambits. "Maybe I should talk to a lawyer" is not clear enough to satisfy a court that you were serious about wanting a lawyer present. State the following: "I DO NOT WANT TO SPEAK TO YOU WITHOUT A LAWYER PRESENT." Print it out on a three-by-five card. If you really want to short the officer's circuits, ask him to sign the card, signifying that he gets it. (He won't sign.)

This may sound cynical, but it is a conclusion I've reached after many years of head-banging: the courts are increasingly reluctant to meaningfully enforce the rights of the accused. Ask any criminal lawyer about the serious crime exception to the Bill of Rights. Don't become a victim. Call a lawyer.

Police officers are trained in the art of deception. They know how to prey on fear and uncertainty. Whether you have committed a crime or not, odds are you will be putty in their hands. There are ways to get the information important to your defense into the hands of the police, but you are not equipped to do it without a lawyer.

I have said this to folks hundreds of times. Sadly, each week I get another call from someone who has given away some significant portion of their future by talking about things they would have been better served keeping to themselves.

Four Things You Need To Know If You Are Charged With A Sex Offense


If you or a loved one are charged with a sex offense you are undoubtedly concerned about the prospect of imprisonment. But that is only one of the four discrete harms faced by any accused sex offender. There are three other harms that are as significant, and each should be discussed with your lawyer.

Sex offenses come in many forms, ranging from urinating in public, in some jurisdictions, to forcible rape. Unfortunately, all these various offenses are frequently lumped together. Programs designed for violent offenders are often indiscriminately required for anyone convicted of a sex offense.

Here are the four harms: imprisonment, a felony record, registration as a sex offender, and being required to undergo sex offender treatment as a condition of probation. Often, defendants are so terrified of imprisonment, they do not spend enough time focusing on the other harms that will befall them if they enter a plea or are convicted a trial.

Imprisonment. Nothing prevents a prosecutor from overcharging a case. We call this colloquially "throwing the book" at someone. Thus, for one event, a defendant can be charged with a series of crimes. Often the more serious charges carry mandatory minimum prison sentences. A person facing five years mandatory jail time might willingly, and gratefully, plead guilty to charges not including the mandatory minimum. Many a defendant has walked out of court with a suspended sentence when the state dropped a charge carrying a mandatory minimum only to face nightmarish terms and conditions of probation. Be sure you understand the factual basis supporting each charge. Ask your lawyer whether the state has overcharged in a way that violates your right to be free from double jeopardy. (The answer is almost always no, but you still need to check.)

Felony. A felony conviction is a potent bar to participation in many professions. It will also keep you from voting and from enjoying certain federal and state benefits. Most state penal codes are drafted in such a way that related offenses are graded on a scale of culpability, with first degree offenses being considered more serious than offenses in the second, third or fourth degree. There are sometimes misdemeanor offenses lurking at the low end of the culpability scale. Always press in pre-trial negotiations for the state to consider a plea to a misdemeanor in those cases in which you are willing to consider a plea. At trial, be sure to ask your lawyer to review with you any lesser included offenses that you might ask the judge to submit to a jury. Remember: the state almost always overcharges a case. Putting a lesser charge before the jury might well spare you a felony if you are convicted.

Sex Offender Registration. The law is particularly savage. Lawmakers are forever pressed into hysteria when a new sensational sex abuse case hits the newspaper. They adopt a one-size-fits-all strategy for classifying those convicted of an ever-widening array of crimes. A serial rapist is the same as a 17 year-old boy who made love to his minor girlfriend. Judges acknowledge the cruelty of these laws in private conversations, but few will do anything about it when it counts. Everyone is afraid of retribution at the polls or at their next retention hearing. Laws differ in both the state and federal courts about what offenses require registration and for how long. Many states also have law-enforcement only sites that are not disclosed to the public via the Internet. If you need to register, press your lawyer to get you on a non-public list for a limited period.

Sex Offender Treatment. This condition of probation catches many defendants by surprise. It is sometimes slipped in at the very last minute after a plea bargain when a judge requires compliance with "such conditions as probation deems necessary." A person facing such treatment can expect demeaning treatment by scarcely trained and often poorly education folks with the equivalent of undergraduate degrees. A probationer might be required to fill out a detailed questionnaire about their sexual history and fantasies. You might be required to admit things you never did or face prison. And then there are group treatment sessions in which Romeo sits cheek by jowl with Jack the Ripper. And don't try complaining to the court that all these conditions are unfair or are not what you bargained for. The courts are rarely receptive to such claims.

Sex offender cases are terrifying. Clients face enormous prison terms. The rules of evidence are stacked in favor of the complaining witnesses, with special rules of young alleged victims and limits on what can and cannot be said about the past of the person accusing you of a crime. And lawmakers show increasing willingness to extend statutes of limitations to the breaking point. Don't recall where you were 30 years ago? Who can? But an alleged victim can claim you touched her or him in ways the law prohibits.

The four harms facing all sex offenders need to be addressed promptly in any defense strategy. It may be that intelligent negotiations with the state can minimize these harms if you are willing to consider a plea to some offense. Of course, in cases in which a plea is out of the question, it still pays to keep your eye on these four harms. If you are unfortunate enough to be convicted, you'll want to avoid as many of them as possible.

"They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." - Benjamin Franklin

FL - ARC RADIO - The latest from the Julia Tuttle Causeway and the eviction notice (04-19-2010)

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"They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." - Benjamin Franklin

CO - Senate bill says public nudity is not a sex offense

Original Article


By Jessica Fender

Streakers, public urinators and others who bare themselves in public out of foolishness — and not for sexual gratification — wouldn't have to register as sex offenders if House Bill 1334 (PDF) continues its progress through the legislature.

The bipartisan bill attempts to sort the sexual deviants from the merely stupid, said sponsor Sen. Pat Steadman (Email), who said the man caught urinating behind a building hardly deserves to face the stigma of a sex- offender label.

The Senate Judiciary Committee on Monday voted unanimously to approve the changes, and it next goes to the Senate for full consideration.

"What sort of inappropriate nudity should be treated as a 'that was stupid' offense, and what sort of things indicate that someone is a sexual perpetrator?" Steadman, D-Denver, posited.

The bill also adds public masturbation, now a petty offense under the public indecency statute, to the list of acts that constitute indecent exposure, a more serious charge that requires violators to register as sex offenders.

The masturbators would face up to 18 months in county jail instead of a maximum six-month sentence, if the bill passed.

Both district attorneys and public defenders supported the legislation, but questioned a change the committee approved.

Originally, the bill said that a person caught streaking or urinating in public more than once would have to register, but Steadman and the committee killed that section of the bill.

The lawyer groups said that deletion would prevent people who act out repeatedly through public nudity from getting evaluated and treated if necessary.

The sex-offender status lasts at least five years for those convicted of indecent exposure, after which time violators can petition to be taken off the sex-offender registry.

In the meantime, they face a number of restrictions, such as being banned from the schools their children attend, bill supporters said in committee.

"They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." - Benjamin Franklin

PA - Ex-cop (Michael Marren) charged with sex assault

Original Article
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Michael Marren, 41, of Lower Moreland, the former police sergeant of Bensalem's Special Victims Unit, faces four counts of involuntary deviate sexual intercourse.

Following a six-week investigation, the former police sergeant of Bensalem's Special Victims Unit was charged Monday with sexually assaulting a woman.

Marren surrendered to county detectives at district court in Penndel. He was arraigned on several charges, including four counts of involuntary deviate sexual intercourse - a first-degree felony that carries a maximum sentence of 20 years in prison for each count.

The case against him includes DNA evidence as well as an examination of the victim's body, court documents stated.

District Judge Daniel Baranoski set bail at $100,000. Marren posted the required 10 percent bond, $10,000, and was released from custody.

The newspaper was unsuccessful in reaching Marren or his attorney, Jack McMahon, for comment Monday. Marren denied the charges to the newspaper last month and to county detectives when they interviewed him during the investigation, court documents stated.

Marren was the sergeant of Bensalem's SVU - which investigates sexual assault cases among other crimes - at the time of the alleged assault on March 9. Marren was "let go" by the department in late March for violating the code of conduct, Bensalem Public Safety Director Fred Harran said.

By then, the investigation by the Bucks County District Attorney's Office was well under way - beginning on the same day of the alleged assault, according to court documents.

Shortly after the assault, Bensalem Rescue Squad employees found the woman in a rescue squad closet - crying, shaking and curled up in a corner, court documents stated.

The case was investigated by county detectives Mark Zielinski and Thomas Thiel.

According to court records, in the early evening of March 8, the woman, Marren and others affiliated with the Bensalem Rescue Squad were mourning the recent death of paramedic Daniel McIntosh. Marren, who was a part-time employee of the squad, had joined them at a local bar, documents state.

About 2:40 a.m., Marren drove the woman to the Bensalem Rescue Squad's headquarters on Byberry Road, police said.

His car stopped in the far end of the parking lot, away from the entrance to the sleeping area, (and) Marren leaned in and "French kissed" the woman, police said. She pushed him off and told him he was making a "huge mistake," court documents stated.

The woman told Marren she had to use the bathroom, leaving his vehicle and heading inside the building, police said. Court documents state that Marren followed the woman, prompting her to say, "You know there are cameras in here."

Marren allegedly said he wasn't worried.

The woman went into the woman's bathroom, believing that Marren had gone into the men's bathroom. But when she left the bathroom, Marren was standing in the doorway, police said. He then entered the woman's restroom and sexually assaulted her, court records stated.

During the course of the assault, the woman told Marren, "This is not a good idea," and "You're drunk," court documents state.

The woman also tried to call for help on her cell phone - prompting Marren to snatch the phone from her and say, "What are you going to do to get it back," according to the criminal complaint.

After the alleged assault, Marren allegedly said: "I hope you are OK because I have a really good lawyer."

Marren then drove away, court records state.

After she was found in the closet, the woman was taken to a hospital in Quakertown. She was examined by a sexual assault nurse examiner. The nurse observed trauma to the woman's body, county detectives said.

County detectives submitted DNA swabs from the woman's body and clothes to a private firm in Willow Grove for testing. Marren submitted his DNA after county detectives secured a search warrant to do so.

DNA taken from saliva found on the woman's body matched Marren's DNA, court documents state.

County detectives also interviewed Marren with his attorney present, court records state. Marren told detectives that the woman had "French kissed" him and put her hands down his pants - but he rebuffed her actions, court documents state.

A preliminary hearing to review the case against Marren is tentatively scheduled for April 27 before Bensalem District Judge Leonard Brown, according to the district attorney's office.

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"They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." - Benjamin Franklin