Friday, August 30, 2013

CA - Judge orders prison diagnostic for ex-deputy (Earl William Klapperich) convicted of soliciting minor

Earl William Klapperich
Earl William Klapperich
Original Article

08/29/2013

OROVILLE - Sentencing was delayed Wednesday for a former Butte County sheriff's deputy convicted of soliciting a minor for sex.

The Butte County Superior Court judge ordered defendant Earl William Klapperich, 28, to undergo a diagnostic and evaluation in state prison, deputy district attorney Stacy Edwards said.

Sentencing will resume when the state prison returns its results, which can take up to 90 days.

Edwards noted outside of court the Probation Department recommended a middle-term sentence. She told the judge she didn't believe the diagnostic was necessary, but the judge made his order.

On Aug. 1, a jury found Klapperich guilty of felony counts of meeting a minor for lewd purposes and possessing material depicting sexual conduct of a minor. The defendant had faced two misdemeanor counts of contributing to the delinquency of a minor, but they were dismissed during the trial.

Klapperich was arrested as he was entering the parking lot of a Chico restaurant where he and a girl had arranged to meet on May 11, 2012.

The "girl" was district attorney's Lt. Juan Diaz, who posed as a teenager Klapperich encountered during an April 2012 call in Berry Creek. The Sheriff's Office and District Attorney's Office investigated after receiving a complaint about how the deputy handled that call with two girls, ages 14 and 16, reported as runaways.

During the hours prior to the deputy's arrest, Diaz and Klapperich exchanged text messages, including ones where Klapperich asked for more explicit photos.

Following his arrest, Klapperich repeatedly told investigators that he intended to only counsel the girl. He said he masturbated before meeting the girl to prevent his body from having an involuntary reaction.

However, Klapperich testified at trial that he panicked during the interview because he didn't want his fellow deputies and others to know he is gay. He said he had no intention of committing a sexual act with the teen because of his orientation. The former deputy also said he believed the text messages were from fellow deputies pranking him.

The material depicting a minor were two photos of a former girlfriend taken when she was underage. They were on Klapperich's iPhone, associated with a third-party application geared to keep photos private.

The defendant remains in custody.


MD - Baltimore Officer (Frederick Allen) Charged With 2 Counts Of Child Sex Abuse

To serve and protect... NOT!
Original Article

08/29/2013

BALTIMORE (WJZ) - A grand jury has indicted a Baltimore City police officer for child sex abuse.

Frederick Allen is being charged with two counts of sexual child abuse of a minor and third-degree sex offense for allegedly having a sexual relationship with an under-age female victim between June 2005 and September 2006.

We are dedicated to investigating and prosecuting officers who breach the public trust by violating the law,” State’s Attorney Gregg L. Bernstein said in a news release.

This indictment is another example of the BPD working with the State’s Attorney’s Office to ensure the integrity of the Department. Fred Allen’s alleged actions are shameful and do a great disservice to the hard work of the men and women of the Baltimore Police Department,” Baltimore City Police Commissioner Anthony Batts said in the release.

An arraignment date has not yet been set.


LA - Zwolle officer (Calvin L. Aaron Jr.) faces child pornography, indecent behavior charges

Child pornOriginal Article

08/29/2013

A Zwolle police officer has been arrested and charged with pornography involving juveniles, indecent behavior with juveniles, obstruction of justice and malfeasance in office, authorities reported.

The officer, Calvin L. Aaron Jr., 33, of Zwolle, was arrested Wednesday by investigators from the Louisiana State Police Bureau of Investigations/Alexandria Field Office.

In July, State Police received information and a request from the Sabine Parish Sheriff’s Office to investigate alleged inappropriate conduct and sexual behavior between a Zwolle police officer and a juvenile.

Police said the investigation revealed that Aaron and a 16-year-old girl were using cellphones to transmit sexually explicit and/or lewd images of each other to one another.

The investigation also revealed that Aaron had engaged in indecent behavior with the girl and attempted to destroy evidence of their activities after knowing there was an investigation, authorities said.

Aaron was booked into the Sabine Parish Detention Center.


IL - Ex-Ill. prison guard (Steven L. Carson) gets 43 years for child porn

Child pornOriginal Article

08/28/2013

SPRINGFIELD - A former Illinois Department of Corrections guard has been sentenced to more than 43 years in prison for distributing and possessing child pornography and sexually exploiting a minor.

Federal prosecutors say 46-year-old Steven L. Carson of Hillsboro was sentenced Wednesday. He pleaded guilty in February.

According to court records and testimony, Carson admitted using a child to perform sexually explicit conduct he videotaped. He also admitted sharing child pornography images over the Internet. Authorities recovered 2,300 images and 40 videos from his computers.

Carson worked as a guard at Graham Correctional Center. He has been in custody of the U.S. Marshals Service since his arrest in August 2012.


VA - Former Staunton police officer (John Curtis Nuckolls) denied bond for trying to solicit a minor online

John Curtis Nuckolls
John Curtis Nuckolls
Original Article

08/28/2013

A former Staunton police officer accused of trying to solicit a minor online has been denied bond. John Curtis Nuckolls appeared in Staunton Circuit Court Wednesday for his second bond hearing; Judge Humes Franklin Jr., denied the request.

In May, Nuckolls, who also served as a school resource officer for a time, was arrested in an online sting. Police say after sexual conversations online, a meeting was set up with what Nuckolls thought was a 14-year-old girl. Instead, he was met by police officers, who arrested him. He faces two charges of taking indecent liberties with a child and one for sexual offense over a computer.

Earlier this month, he was released on a $10,000 bond and was living with his daughter. But, after several messages went out from his Facebook account, the Sheriff's Office put him back behind bars.

Nuckolls and his attorney argued in court Wednesday that his daughter sent the messages on his behalf to get some phone numbers, but the court ruled this was a breach of the bond agreement.

He is currently being held at Middle River Regional Jail. His case is set to go before the grand jury in October.


NE - Former police chief (Mark Lindburg) sentenced to 20 to 24 years

Mark Lindburg
Mark Lindburg
Original Article

08/28/2013

Former Hemingford police chief Mark Lindburg has been sentenced to 20 to 24 years in prison for one count of attempted first degree sexual assault of a child. The charge is a Class II felony which has a potential penalty of up to 50 years in prison.

Lindburg, 52, pleaded no contest to the charge last month in Box Butte County District Court. He was sentenced Wednesday, Aug. 28.

Lindburg was initially charged with sexual assault for allegedly having intercourse with a juvenile who was under 16 at the time of the incident in 2010, and with child abuse for other events that occurred over an 11-month period of that year.

Lindburg has also worked as a Box Butte County deputy sheriff for seven years before taking the position as Hemingford police chief. He had been in that job for five years before resigning in 2011. He was arrested on the assault charges on Jan. 31.

This man engaged in sexual relations with an underage girl while on duty,” Nebraska Attorney General Jon Bruning said in a news release. “Today’s sentence ensures he is held accountable for his reprehensible crime.”

Assistant Attorneys General Matt Lierman and Kale Burdick are handling the case.


CANADA - Child Sex Crimes To Draw Tougher Penalties

Prime Minister Stephen Harper
Stephen Harper
Original Article

08/29/2013

By Allison Jones

TORONTO - Child sex offenders, particularly those who victimize multiple kids, could spend longer in prison under a range of harsher penalties proposed Thursday by the prime minister.

The Conservative government plans to introduce legislation this fall aimed at cracking down on people who sexually exploit children, Stephen Harper announced.
- Does that include other people who exploit children in other non-sexual ways, like politicians for example?

"Sadly there are truly evil people out there. The fact is we don't understand them and we don't particularly care to. We understand only that they must be dealt with," Harper said at an event in Toronto.

"To protect our children we must create a justice system that is more responsive to victims and especially more responsive to children and to the families of children who have been victimized by sexual predators."

A main plank of the proposed amendments would see people convicted of more than one such offence serve their sentences consecutively, rather than the current system in which sentences are served concurrently.

Harper cited in his announcement the case of [name withheld].

The 64-year-old — who was once an usher at Toronto's Maple Leaf Gardens — was originally convicted in 1997 for sex assaults on 24 boys while he worked at the famed hockey arena between 1969 and 1988.

Harper pointed out that [name withheld] was originally sentenced to two years less a day, a sentence which was followed by the suicide of Martin Kruze, the victim who brought the sex abuse scandal to light.

[name withheld]' sentence was later increased to five years and he was out on parole in 2001 after serving two-thirds of it.

"Three years, for 20 very serious offences," Harper said. "That sort of thing was common at the time. Of course the victims, on the other hand, have to cope for the rest of their lives with what such people have done to them."
- That is not always true.

[name withheld] now faces nearly 100 fresh charges, all laid in the past year, which relate to alleged offences that took place decades ago.

Lianna McDonald, the executive director of the Canadian Centre for Child Protection, said particularly when a sex offender has abused several children, the sentences don't seem like enough.

"In many cases where one individual might have multiple victims the sentence has not to date adequately reflect the number of those victims," she said after the announcement.

"For some victims in some circumstances it may not even seem that what happened to them really mattered in terms of the totality of the sentence."

The proposed law would also increase minimum and maximum penalties for child sexual offences.

Currently, people convicted of sexual interference, invitation to sexual touching or sexual exploitation are sentenced to a minimum of one year and a maximum of 10.

Making and distributing child pornography convictions carry the same sentence range. Convictions for accessing or possessing child pornography see people sentenced to a minimum of six months and a maximum of five years.

Harper's Conservative government has brought in a number of mandatory minimum sentences for various crimes over the years, including previously raising the minimum sentences for the aforementioned offences.

They have brought with them controversies and court challenges.

The Ontario Court of Appeal is considering the constitutionality of minimum sentences for gun crimes after it convened a special five-judge panel in February to hear six such cases at the same time.

In Quebec, the provincial bar association launched a legal challenge seeking to strike down sections of the Conservatives' 2012 omnibus bill involving mandatory minimums. The bar association said the provisions don't protect the public and represent an unconstitutional interference from one branch of government, the legislature, in the business of another, the judiciary.

Critics of mandatory minimum sentences say they don't actually help reduce crime and do more harm than good.

To understand the impact of mandatory minimums one need look no further than the United States, where harsh mandatory minimums were enacted decades ago, said criminal defence lawyer Nader Hasan.

"What even some of the most Conservative law-and-order-oriented judges and politicians south of the border have begun to realize is that mandatory minimums do no make us safer," said Hasan.
- Isn't it ironic that in the early 30's and 40's we were all using Nazi Germany as the example, now the US has become that example and laughing stock.

"What they do is overcrowd prisons and bankrupt legislatures."

U.S. Attorney General Eric Holder recently said the Justice Department would target long mandatory sentences that he said have flooded the nation's prisons with low-level drug offenders and diverted crime-fighting dollars that could be better spent.

Hasan, who teaches a course at the University of Toronto titled "Crime & Punishment: Mandatory Minimums, The Death Penalty & other Current Debates," said data from the U.S. shows little deterrent effect.

"The Harper government's fascination with mandatory minimums is all the more perplexing given that these policies have been tried but have failed miserably in the United States," Hasan said.

McDonald, from the Canadian Centre for Child Protection, said her hope is that the harsher penalties will keep offenders behind bars longer so that it prevents them, for a time, from committing future offences.

The proposed amendments would also ensure the spouse of a person charged with child pornography offences could be obliged to testify in court and increase penalties for those convicted of child sex offences who break conditions of supervision orders.


NORWAY - Harsh sentence for false rape claim

Rape cardOriginal Article

08/30/2013

By Richard Orange

A Norwegian woman has been sentenced to a year and a half in prison after she admitted to falsely claiming to have been raped.

The 37-year-old woman's lawyer, Linda Ellefsen Eide, said that the penalty was "too high", stressing the serious impact it would have on the woman's children.

But Rudolf Christoffersen, the prosecutor in the case, said it was important for the courts to deal stiffly with such false accusations.

"If it had not been for a thorough police investigation, this case could have had grave consequences for the man who was unjustly accused of rape," he said. "In cases of sexual abuse cases, it is of the greatest importance that the police can give credence to the information submitted."

Eide stressed that the woman still claimed to have been raped by the man she had accused, and had only withdrawn a claim that she was raped by an unnamed man earlier.

She contacted police on 30 September 2011, claiming to have been raped next to a church in Meland by an unknown man.

Then on 1 December, she went to the police again and claimed she had been raped again, this time naming the alleged perpetrator.


Zimbabwe: False Rape Report Lands Married Woman (Erena Kachara) in Trouble

Rape cardOriginal Article

08/30/2013

A Magunje woman landed herself in trouble for making a false rape report against her lover in an attempt to save her marriage.

She was fined US$200. Erena Kachara has up to September 30 to pay the fine or go to jail for a month.

Kachara was convicted on her own plea of guilty when she was arraigned before Karoi magistrate Mr Robson Finsin last week.

Sometime last year, Kachara had a love affair with Chenjerai Choto also of Chikwata Village, under Chief Dendera. She was caught red-handed being intimate with Choto in her matrimonial bedroom.

When Choto's wife - who had waylaid the two - took the matter to Kachara's husband who was at a beer drink, Kachara suddenly made a U-turn and started accusing Choto of raping her.

In trying to convince her husband that she had been raped, Kachara that same night implored her husband to accompany her to Magunje Police Station where she misrepresented that Choto had raped her.

Mr Benjamin Negato prosecuted.