In addition to the 18 years in the penitentiary Aaron Biber got for repeatedly raping his 15-year old neighbor, the Minneapolis's Star Tribune is reporting that a Hennepin County judge has ordered Biber to pay $15 million ($5 million compensatory, $10 million punitive) to the young teen male.
As followers of this blawg know, Biber is the Minneapolis Big Law/Super Lawyer who at the time of his arrest for raping his teenage neighbor was president-elect of the state bar association.
Showing posts with label Child Sex Abuse. Show all posts
Showing posts with label Child Sex Abuse. Show all posts
Wednesday, May 25, 2011
Thursday, October 21, 2010
Aaron Biber Update--18-Years for Raping Teen
Thursday, September 23, 2010
No, You Can't Attend Church
"The New Hampshire Supreme Court has denied a sex offender’s request that he be allowed to attend church with a chaperone. Jonathan Perfetto of Manchester was convicted of possessing child pornography and released from prison in 2008.
Though a court ordered him to have no contact with children, he had asked to attend Jehovah’s Witnesses services chaperoned by a church elder. The state Supreme Court Friday upheld a lower court ruling denying that request. It said the condition does not violate Perfetto’s constitutional rights to religious freedom and that Perfetto can practice his religion in other ways.
Perfetto also served time when he was 17 for molesting a young male relative and again when he was older for assaulting adult women."
_________________________________
Huh? Really? Let's chew on this one.
Monday, September 13, 2010
Rachel Yould Update--Sentencing
Rachel Yould, the former Miss Anchorage, Fulbright and Rhodes Scholar who fraudulently obtained three-quarters of a million dollars to finance her high-flying academic career was sentenced last Friday to 57 months in the penitentiary. The riveting tale of Ms. Yould's life, crime and sentencing reads like a mystery novel as I wrote on Bad Lawyer, last week. This is reporter Lisa Demer's terrific follow-up story:
"Rachel Yould, a former Rhodes and Fulbright scholar from Anchorage whose promising academic career fell apart over fraudulent student loans, was sentenced Friday to four years, nine months in federal prison. U.S. District Judge John Sedwick also ordered the 38-year-old Yould to pay nearly $750,000 in restitution to lenders, former employees and vendors of the Oxford International Review, a highbrow publication she edited while pursuing her doctorate. She also must serve five years of supervised release after she gets out of prison.
Yould, 38, pleaded guilty in June to 15 federal felony charges laid out in two indictments: 10 mail fraud counts, one wire fraud count and four charges of making false statements to a bank. In all she took out more than $679,000 in student loans, federal prosecutors said. They say about $403,000 went for noneducational expenses. Her deceits began after she ran up against her lifetime limits on subsidized loans, they say.
Despite her guilty pleas, Yould has maintained she is innocent and contends that her troubles arose from her efforts to escape her abusive biological father. She secured a second Social Security number to hide from him and says she received bad information from the government on how to use that new number.
But assistant U.S. Attorney Retta-Rae Randall said Yould deceived financial sources and academic institutions with "fraud, lies and manipulation." Over the 2 1/2-day sentencing hearing, Randall presented information showing that Yould used fabricated pay stubs and W-2 statements to support student loan applications. She co-signed for some of the loans using her old Social Security number and former name, Rachel Hall. She forged letters from her academic sponsor at Keio University in Japan. To secure more loans, she used the name and Social Security number of her husband, Brett Yould, who sat through the hearing in the front row. He said later that the extent of the fraud surprised him.
Prosecutors argued for a prison sentence of six years. 'Her greed is not about money,' Randall told the judge. 'Her greed is about connections and influence.'
Federal public defender Rich Curtner argued that Yould had an impeccable record before the fraud charges. She helped AIDS patients. She volunteered for Mother Teresa in India. She had a brilliant academic history. He argued that she has much more to give and shouldn't go to prison at all.
Curtner said he and Yould will discuss whether to appeal the sentence.
The judge said it was clear Yould, who has many supporters, had done much good in her life. But he also said she got caught up in her own vision of herself. 'I think what really happened is that Ms. Yould became enamored of the idea that she could have a prominent role, have great stature in the international academic community,' Sedwick said in sentencing her. 'Indeed, she already had it. But she wanted to keep it. She wanted to pursue it. She wanted to embellish it. She wanted to make it better.'
And she committed fraud in her pursuit of that goal, the judge said.
He directed her to begin her prison sentence immediately.
She surrendered to U.S. marshals at the close of the hearing, after she had a few last minutes with family, friends and supporters. They lined up to say goodbye. 'Who's next?' Yould asked, smiling. She gave big hugs to them all, telling one advocate 'you're so good.'
COURTROOM CROWD
Yould's case became a cause celebre among domestic-violence advocates. Her sentencing hearing, a sort of mini-trial, drew backers from Anchorage and all around the country. There was a court blogger from San Francisco, a supporter from Minnesota, an advocate from Hawaii, who testified at the sentencing.
Her supporters say she is one of many women who have encountered problems with the Social Security program intended to protect victims by allowing them to create a new identity. Anchorage-based STAR, or Standing Together Against Rape, included a call to action in an internal newsletter for staff and volunteers urging advocates to 'pack the courthouse' at Yould's sentencing. STAR mainly wanted to show support for Yould's 'safety plan,' which included escorts and other measures to protect her from her abuser, who they believe still presents a risk, said program director Keeley Olson.
Her family sat in the front row behind the defense table, including her husband and mother-in-law, her retired schoolteacher mother and stepfather, who adopted her as an adult. An uncle came from Alabama. In all, more than a couple dozen supporters showed up for Yould.
After the hearing, Brett Yould said Rachel 'has a lot of problems, stemming directly from serious, serious abuse.' That's no excuse for what she did, he said. 'She is very troubled. Our entire relationship -- I spent a lot of time trying to support her emotionally. It's been a long and hard road, it really has.' He said he cares for her and wanted to give her support during such a rough time. But he said he told her about six months ago that no matter how the court case resolved, he would seek a divorce. 'This whole thing is just sort of more chaos, and Rachel's life has always been chaotic like this,' Brett Yould said. 'I've always been asked to step in and save her at the last minute on many occasions. And I can't do that anymore.' He said he's certain Rachel was subjected to years of abuse and torture 'at the hands of a madman. Her biological father.' Her father has never been charged with violence against her, but Rachel Yould has said in court papers that he abused her sexually, physically and emotionally through her childhood and into adulthood.
She's spent her adult life trying to overcome deep feelings of inadequacy, Brett Yould said.
A NEW IDENTITY
Prosecutor Randall told the judge that Yould committed a 'sophisticated, international fraud. You can't fathom why someone with all those advantages ends up at this dead end,' the prosecutor said. 'She has no moral compass.'
What really offends prosecutors, Randall told the judge, is how Yould blamed her troubles on the federal program through which some 14,000 women and children have secured new Social Security numbers to hide from abusers and stalkers. Victims who could benefit may instead fear the program because of Yould's assertions that she was just following the guidance of unnamed Social Security field officers. If someone is trying to hide from an abuser, why include the old Social Security number on a loan form along with the new one? Randall said. 'How much damage has she done to that program?' Randall asked.
When Yould was given a turn to speak, she answered that 'we follow these instructions not because they make sense but because we believe in the authority of the information the government provides us and because we fear for our lives.'
Sedwick said he never doubted that Yould had the right to a second Social Security number. But for Yould, with all her smarts, to blame federal bureaucrats 'borders on the ludicrous,' the judge said. Sedwick said defendants usually stand before him with only a lawyer on their side. No family. No friends. No advocates from around the world. 'There is much to be said for the proposition that Ms. Yould is a conniving and manipulative person,' Sedwick said. 'Certainly her behavior suggests that this is true. On the other hand it's clear there's more to her than that. One needs only observe how many friends and supporters she has had by her side throughout this sentencing hearing to realize the picture painted by the government is too severe.'
Yould said she regrets what happened and is saddened for any hardships to others. But she never said she did wrong. 'The violence and stalking I've suffered are not actually the hardest experiences I've endured,' Yould said, speaking in a clear, confident voice. 'The most difficult thing for me is the isolation brought on by living a life that most people seem unable to relate to or understand. It's a very lonely experience.'"
__________________________
As I said before, Rachel Yould may well be a conniving and manipulative fraudster, but where did she learn the behavior, and why? My sense is that this is a very damaged woman with a history of child sexual abuse. I hope that the next couple of years enables her a degree of recovery and peace.
She needs to get honest with herself and others as a first step to recovery.
"Rachel Yould, a former Rhodes and Fulbright scholar from Anchorage whose promising academic career fell apart over fraudulent student loans, was sentenced Friday to four years, nine months in federal prison. U.S. District Judge John Sedwick also ordered the 38-year-old Yould to pay nearly $750,000 in restitution to lenders, former employees and vendors of the Oxford International Review, a highbrow publication she edited while pursuing her doctorate. She also must serve five years of supervised release after she gets out of prison.
Yould, 38, pleaded guilty in June to 15 federal felony charges laid out in two indictments: 10 mail fraud counts, one wire fraud count and four charges of making false statements to a bank. In all she took out more than $679,000 in student loans, federal prosecutors said. They say about $403,000 went for noneducational expenses. Her deceits began after she ran up against her lifetime limits on subsidized loans, they say.
Despite her guilty pleas, Yould has maintained she is innocent and contends that her troubles arose from her efforts to escape her abusive biological father. She secured a second Social Security number to hide from him and says she received bad information from the government on how to use that new number.
But assistant U.S. Attorney Retta-Rae Randall said Yould deceived financial sources and academic institutions with "fraud, lies and manipulation." Over the 2 1/2-day sentencing hearing, Randall presented information showing that Yould used fabricated pay stubs and W-2 statements to support student loan applications. She co-signed for some of the loans using her old Social Security number and former name, Rachel Hall. She forged letters from her academic sponsor at Keio University in Japan. To secure more loans, she used the name and Social Security number of her husband, Brett Yould, who sat through the hearing in the front row. He said later that the extent of the fraud surprised him.
Prosecutors argued for a prison sentence of six years. 'Her greed is not about money,' Randall told the judge. 'Her greed is about connections and influence.'
Federal public defender Rich Curtner argued that Yould had an impeccable record before the fraud charges. She helped AIDS patients. She volunteered for Mother Teresa in India. She had a brilliant academic history. He argued that she has much more to give and shouldn't go to prison at all.
Curtner said he and Yould will discuss whether to appeal the sentence.
The judge said it was clear Yould, who has many supporters, had done much good in her life. But he also said she got caught up in her own vision of herself. 'I think what really happened is that Ms. Yould became enamored of the idea that she could have a prominent role, have great stature in the international academic community,' Sedwick said in sentencing her. 'Indeed, she already had it. But she wanted to keep it. She wanted to pursue it. She wanted to embellish it. She wanted to make it better.'
And she committed fraud in her pursuit of that goal, the judge said.
He directed her to begin her prison sentence immediately.
She surrendered to U.S. marshals at the close of the hearing, after she had a few last minutes with family, friends and supporters. They lined up to say goodbye. 'Who's next?' Yould asked, smiling. She gave big hugs to them all, telling one advocate 'you're so good.'
COURTROOM CROWD
Yould's case became a cause celebre among domestic-violence advocates. Her sentencing hearing, a sort of mini-trial, drew backers from Anchorage and all around the country. There was a court blogger from San Francisco, a supporter from Minnesota, an advocate from Hawaii, who testified at the sentencing.
Her supporters say she is one of many women who have encountered problems with the Social Security program intended to protect victims by allowing them to create a new identity. Anchorage-based STAR, or Standing Together Against Rape, included a call to action in an internal newsletter for staff and volunteers urging advocates to 'pack the courthouse' at Yould's sentencing. STAR mainly wanted to show support for Yould's 'safety plan,' which included escorts and other measures to protect her from her abuser, who they believe still presents a risk, said program director Keeley Olson.
Her family sat in the front row behind the defense table, including her husband and mother-in-law, her retired schoolteacher mother and stepfather, who adopted her as an adult. An uncle came from Alabama. In all, more than a couple dozen supporters showed up for Yould.
After the hearing, Brett Yould said Rachel 'has a lot of problems, stemming directly from serious, serious abuse.' That's no excuse for what she did, he said. 'She is very troubled. Our entire relationship -- I spent a lot of time trying to support her emotionally. It's been a long and hard road, it really has.' He said he cares for her and wanted to give her support during such a rough time. But he said he told her about six months ago that no matter how the court case resolved, he would seek a divorce. 'This whole thing is just sort of more chaos, and Rachel's life has always been chaotic like this,' Brett Yould said. 'I've always been asked to step in and save her at the last minute on many occasions. And I can't do that anymore.' He said he's certain Rachel was subjected to years of abuse and torture 'at the hands of a madman. Her biological father.' Her father has never been charged with violence against her, but Rachel Yould has said in court papers that he abused her sexually, physically and emotionally through her childhood and into adulthood.
She's spent her adult life trying to overcome deep feelings of inadequacy, Brett Yould said.
A NEW IDENTITY
Prosecutor Randall told the judge that Yould committed a 'sophisticated, international fraud. You can't fathom why someone with all those advantages ends up at this dead end,' the prosecutor said. 'She has no moral compass.'
What really offends prosecutors, Randall told the judge, is how Yould blamed her troubles on the federal program through which some 14,000 women and children have secured new Social Security numbers to hide from abusers and stalkers. Victims who could benefit may instead fear the program because of Yould's assertions that she was just following the guidance of unnamed Social Security field officers. If someone is trying to hide from an abuser, why include the old Social Security number on a loan form along with the new one? Randall said. 'How much damage has she done to that program?' Randall asked.
When Yould was given a turn to speak, she answered that 'we follow these instructions not because they make sense but because we believe in the authority of the information the government provides us and because we fear for our lives.'
Sedwick said he never doubted that Yould had the right to a second Social Security number. But for Yould, with all her smarts, to blame federal bureaucrats 'borders on the ludicrous,' the judge said. Sedwick said defendants usually stand before him with only a lawyer on their side. No family. No friends. No advocates from around the world. 'There is much to be said for the proposition that Ms. Yould is a conniving and manipulative person,' Sedwick said. 'Certainly her behavior suggests that this is true. On the other hand it's clear there's more to her than that. One needs only observe how many friends and supporters she has had by her side throughout this sentencing hearing to realize the picture painted by the government is too severe.'
Yould said she regrets what happened and is saddened for any hardships to others. But she never said she did wrong. 'The violence and stalking I've suffered are not actually the hardest experiences I've endured,' Yould said, speaking in a clear, confident voice. 'The most difficult thing for me is the isolation brought on by living a life that most people seem unable to relate to or understand. It's a very lonely experience.'"
__________________________
As I said before, Rachel Yould may well be a conniving and manipulative fraudster, but where did she learn the behavior, and why? My sense is that this is a very damaged woman with a history of child sexual abuse. I hope that the next couple of years enables her a degree of recovery and peace.
She needs to get honest with herself and others as a first step to recovery.
Thursday, July 29, 2010
Aaron Biber Update--Incarcerated
Aaron Biber, the former Super Lawyer, and Minnesota Bar Association President-elect has been incarcerated following findings by Hennepin County District Court Judge Lloyd Zimmerman that aggravating factors applied to his prolonged "grooming" and rape of a neighbor boy. What follows is Rochelle Olson's StarTribune.com report:"Former [Minneapolis] lawyer and state Bar Association treasurer Aaron Biber walked out of a Hennepin County District courtroom with hands cuffed tightly behind his back Thursday after a judge determined he had raped a child he knew with particular cruelty last fall.
'I have sat through every moment of this horrific trial filled with graphic, searing evidence that is mind boggling to any adult much less a child,' Judge Lloyd Zimmerman said before he revoked bail for Biber, whose sentencing is scheduled for October. Since Tuesday, Zimmerman had heard testimony and arguments to determine whether 'aggravating factors' existed in Biber's crime.
Biber pleaded guilty last week to first-degree criminal sexual conduct with a boy over whom he was in a position of authority. Now that the judge has determined his crime to be particularly egregious, Biber can be can sentenced to more than the minimal 14 years. Biber's lawyers have said they will ask for probation for the 47-year-old who until his arrest in December was a civil lawyer at the respected Minneapolis firm Gray Plant Mooty. At the hearing, prosecutors and defense lawyers talked about some 900 text messages between Biber and the boy.
South Lake Minnetonka Police Detective Stephen Neururer testified about the investigation. The boy's recorded 60-minute interview with a social worker was played, as was a police-monitored call between him and Biber. An agreement on facts by both sides was reached so the 15-year-old boy didn't have to testify. He didn't attend the hearing. The victim's parents and supporters wept quietly as Zimmerman delivered his preliminary findings on the aggravated factors. He is expected to issue a formal written order on Aug. 12.
The judge said he had 'meticulously and painfully reviewed every text message' between Biber and the boy, who was a close friend to Biber's younger son.Zimmerman pointedly detailed his disgust with the defense's repeated argument that the boy was not just a willing participant in sex with Biber, but the dominant figure in their 'loving' and 'homosexual relationship.'
Assistant County Attorney Judy Johnston said in her closing argument that gay men don't choose children as partners.
Zimmerman said of the defense argument, 'The idea behind that is one that I find repulsive. I find it repulsive as a matter of fact and as a matter of law.'
The judge said that from the time Biber met the boy at age 11, he began the manipulating and planning that led to the rape. 'As a judge, I've heard murder cases. I've heard rape cases, I've heard every conceivable horrible thing that humans can do to one another,' Zimmerman said, then added that Biber's push for sex after the boy's hospitalization for depression was among the most cruel.
The judge determined that prosecutors had proven beyond a reasonable doubt four aggravating factors: Biber engaged in multiple forms of sexual penetration, the boy was 'drunk out of his mind' after Biber gave him vodka and Schnapps, Biber inflicted cruelty because he used no lubrication or protection during sex and he spent the previous 14 months escalating his sexual pressure on the child. The judge, who speaks calmly even when outraged or angered, held up DVDs admitted as evidence. 'What kind of adult provides to a child 'Well Hung Amateurs' and 'Sin City' ... so they can masturbate together?' he asked.
The boy's depression, which culminated in his hospitalization last December, was the result of Biber's actions and betrayal of trust, the judge said. The boy reported the molestation to a social worker, who then reported it to law enforcement, culminating in Biber's arrest at the Eden Prairie Mall on Dec. 11. The lawyer thought he was meeting the boy to give him oral sex, according to a recorded phone conversation played in court.
Tuesday, July 20, 2010
Aaron Biber, Guilty
Rochelle Olson at the Minneapolis Star-Tribune reports that once prominent Super Lawyer, Aaron Biber, entered a guilty plea to first degree sex with a minor. Excerpts from reporter Olson's story follow:
[Minneapolis] attorney Aaron Biber pleaded guilty Tuesday morning to one count of first-degree criminal sexual conduct for sex with a minor over whom he authority.
Jury selection was set to start Tuesday morning for Biber, 47. Until his arrest, Biber practiced civil law at the Gray Plant Mooty law firm in Minneapolis and was treasurer of the State Bar Association. He is no longer with the firm and divorced from his wife since his arrest.
Biber cried as he explained why he decided to enter a plea. 'I thought a lot about it. The fact is I committed this crime. I don't want to put the victim, his family, my family, my sons and my former wife and colleagues through this,' he said. The plea gives to Hennepin County District Court Judge Lloyd Zimmerman the decision on Biber's sentence. Assistant Hennepin County Attorney Judy Johnsont said she will be asking for more than the maximum of 14 years because of 'aggravating factors' in the crime. The defense will ask for probation for Biber, who has no criminal record.
Zimmerman ruled that photos taken by the 15-year-old alleged victim wouldn't be admitted in the case against Biber.
One of the photos showed the boy with a small Adolf Hitler-style moustache and his arm raised in a Nazi salute. Zimmerman also declined to admit 37 images from the boy's cell phone. Prosecutors sought to bar the photos. Assistant Hennepin County Attorney Judy Johnston argued they were inflammatory and not allowed under rape shield laws. Those laws prohibit the sexual history of an alleged victim from being used at trial. Johnston said the boy told her that he 'didn't know why' he took the Hitler-esque photo and that it was 'just a dumb kid thing to do.'
Defense lawyers wanted the photo admitted on grounds that it showed bias against Biber, who is Jewish. The alleged victim is not."
[Minneapolis] attorney Aaron Biber pleaded guilty Tuesday morning to one count of first-degree criminal sexual conduct for sex with a minor over whom he authority.
Jury selection was set to start Tuesday morning for Biber, 47. Until his arrest, Biber practiced civil law at the Gray Plant Mooty law firm in Minneapolis and was treasurer of the State Bar Association. He is no longer with the firm and divorced from his wife since his arrest.
Biber cried as he explained why he decided to enter a plea. 'I thought a lot about it. The fact is I committed this crime. I don't want to put the victim, his family, my family, my sons and my former wife and colleagues through this,' he said. The plea gives to Hennepin County District Court Judge Lloyd Zimmerman the decision on Biber's sentence. Assistant Hennepin County Attorney Judy Johnsont said she will be asking for more than the maximum of 14 years because of 'aggravating factors' in the crime. The defense will ask for probation for Biber, who has no criminal record.
Zimmerman ruled that photos taken by the 15-year-old alleged victim wouldn't be admitted in the case against Biber.
One of the photos showed the boy with a small Adolf Hitler-style moustache and his arm raised in a Nazi salute. Zimmerman also declined to admit 37 images from the boy's cell phone. Prosecutors sought to bar the photos. Assistant Hennepin County Attorney Judy Johnston argued they were inflammatory and not allowed under rape shield laws. Those laws prohibit the sexual history of an alleged victim from being used at trial. Johnston said the boy told her that he 'didn't know why' he took the Hitler-esque photo and that it was 'just a dumb kid thing to do.'
Defense lawyers wanted the photo admitted on grounds that it showed bias against Biber, who is Jewish. The alleged victim is not."
Wednesday, July 14, 2010
Aaron Biber Update
You will remember that back in December Bad Lawyer told you the astonishing tale of the Minneapolis Super Lawyer, Aaron Biber (pic), arrested for raping his neighbor's adolescent son. Biber who was at the time a prominent Minneapolis law partner, was also the President-elect of the Minnesota Bar Association. Biber's trial on the rape charges are slated to begin Monday, here is Rochelle Olson's Minneapolis Star-Tribune update:
The criminal sexual conduct case against attorney Aaron Biber took an unusual twist Monday when lawyers disclosed that there are self-portraits of the alleged 15-year-old victim dressed as Adolf Hitler in a Nazi salute. Defense lawyer Rachael Goldberger said she believes the photos should be shown to a jury because Biber is Jewish and the alleged victim, who is not Jewish, is posing as a man who killed Jews.
Hennepin County District Court Judge Lloyd Zimmerman didn't rule Tuesday on a request from Assistant Hennepin County Attorney Judy Johnston to keep the photos out of Biber's trial, scheduled to begin Monday. Zimmerman said he will decide later whether the photos are relevant.
Biber, 47, of Shorewood, is charged with soliciting a child for sex and first-degree criminal sexual conduct with a child under age 16 over whom he was in a position of authority. Until his December arrest, Biber [was a partner] in a downtown Minneapolis law firm and was treasurer of the State Bar Association.
If a jury finds Biber was in a position of authority, he could face a substantial prison sentence if convicted.
Goldberger said the heart of the defense will be that the boy was more controlling than Biber. "He controlled when they got together ... when they could talk and who would be in the dominant position" during sexual acts, Goldberger said.
Johnston argued the photos are so inflammatory and emotional that they shouldn't be shown to a jury. She said the teenager isn't anti-Semitic and only posed for the photo after Biber "victimized" him. She said the victim was upset and hospitalized because he was suicidal, then when he later became angry and wanted to kill Biber, the teen's parents hospitalized him again.
Zimmerman said the case itself is inflammatory but said he will decide whether the jury should see the photos in the context of all the evidence."
______________________________
The anti-Semitism defense is pretty obnoxious when you consider that it's being offered by a guy who was anally raping a child for a number of years. I'm pretty sure I've never come across this defense to pedophilia, before--the child I was raping was Racist,--oh, OK then, you were justified. Aaron Biber was truly a Super Lawyer, if he pulls this one off.
The criminal sexual conduct case against attorney Aaron Biber took an unusual twist Monday when lawyers disclosed that there are self-portraits of the alleged 15-year-old victim dressed as Adolf Hitler in a Nazi salute. Defense lawyer Rachael Goldberger said she believes the photos should be shown to a jury because Biber is Jewish and the alleged victim, who is not Jewish, is posing as a man who killed Jews.
Hennepin County District Court Judge Lloyd Zimmerman didn't rule Tuesday on a request from Assistant Hennepin County Attorney Judy Johnston to keep the photos out of Biber's trial, scheduled to begin Monday. Zimmerman said he will decide later whether the photos are relevant.
Biber, 47, of Shorewood, is charged with soliciting a child for sex and first-degree criminal sexual conduct with a child under age 16 over whom he was in a position of authority. Until his December arrest, Biber [was a partner] in a downtown Minneapolis law firm and was treasurer of the State Bar Association.
If a jury finds Biber was in a position of authority, he could face a substantial prison sentence if convicted.
Goldberger said the heart of the defense will be that the boy was more controlling than Biber. "He controlled when they got together ... when they could talk and who would be in the dominant position" during sexual acts, Goldberger said.
Johnston argued the photos are so inflammatory and emotional that they shouldn't be shown to a jury. She said the teenager isn't anti-Semitic and only posed for the photo after Biber "victimized" him. She said the victim was upset and hospitalized because he was suicidal, then when he later became angry and wanted to kill Biber, the teen's parents hospitalized him again.
Zimmerman said the case itself is inflammatory but said he will decide whether the jury should see the photos in the context of all the evidence."
______________________________
The anti-Semitism defense is pretty obnoxious when you consider that it's being offered by a guy who was anally raping a child for a number of years. I'm pretty sure I've never come across this defense to pedophilia, before--the child I was raping was Racist,--oh, OK then, you were justified. Aaron Biber was truly a Super Lawyer, if he pulls this one off.
Monday, July 12, 2010
The Swiss: Roman Polanski Has Suffered Enough
The Bad Lawyer originally looked at the Roman Polanski story last September, when we marveled at how the celebrity culture flocked to sign petitions to protest poor Roman's persecution after being arrested decades after pleading guilty and becoming a fugitive from justice after brutally raping a teenage girl. Well, I'm sure it's not news to you that the Swiss have decided that poor Roman has suffered enough and have released him from his palatial prison cell, er chalet confinement. Whatever. Some pay all, some skate.
Tuesday, January 12, 2010
12 Year Old Heroine
Steve Mayes of the Oregonian completed a gut-wrenching, detailed three-part series about a 12 year old girl the reporter calls "Ashley" who confronted her narcissitic-rapist father in court, the father who raped and molested her for three years.
On Octeber 22, 2009, Bobby Gene Palmer, 40, was in Clackamas County Circuit Court about to start the rape trial. His daughter sat in a corner on a folding chair out of his sight-line. In a delaying move, Palmer sought a continuance for a "mental evaluation," the Judge wanted to hear from "Ashley." Ashley could not find her voice but she provided a written statement that prosecutor Shannon Kmetic read into the record. Reporter Mayes relates:
"She had not seen her father since his arrest three months earlier. When the time came for her to speak, "Ashley" could not [talk], 'She didn't think she could do it,' said prosecutor Shannon Kmetic, who read Ashley's statement to the judge.
I urge you to read Steve Mayes original articles, and weep for Ashley and all lost children.
Wednesday, December 30, 2009
13 Will Get You 20, Ashley Jo Beach Goes to Jail
Meridian, Idaho Middle School teacher Ashley Jo Beach had sex with a 13 yer old boy and has been sentenced to 20 years in priosn.
According to the Idaho Statesman report Mrs. Beach admitted to "inappropriate" contact with 5 other middle school students. Married, with small children, Mrs. Beach will be required to do at least 4 years before she will be eligible for consideration to be heard by the Idaho parole authorities.
According to the Idaho Statesman report Mrs. Beach admitted to "inappropriate" contact with 5 other middle school students. Married, with small children, Mrs. Beach will be required to do at least 4 years before she will be eligible for consideration to be heard by the Idaho parole authorities.
Tuesday, December 29, 2009
Dr. Earl B. Bradley, Pediatrician-Monster
The Bad Lawyer has been following with horror the story of Earl B. Bradley, M.D. (pic) a Lewes, Delaware pediatrician. If true, this pediatrician's abuse of children is unprecedented outside the crimes of pedophile priests. Delawareonline reports at length on this unbelievable, ghastly story of sex crimes by Dr. Bradley against his patients which he videotaped in some instances with multiple cameras.
Let me give you a sense of what we're talking about by quoting Delawareonline's story:
"Former Delaware prosecutor Ferris W. Wharton, who at times directed the state Justice Department's rape and sexual-offense unit, said the possible scale of the crimes dwarfs any in his experience.
'Obviously, the potential number of victims that has been put out there exceeds any that I've heard of in Delaware before,' said Wharton, now in private practice. "It's an order of magnitude greater than what I'm familiar with.'
Because of that, defense and prosecution teams could face an extra challenge in focusing on the legal issues of the case 'without allowing their feelings about what the allegations are to override,' Wharton said.
Bradley's arrest capped months of suspicions and unsettled investigations into his conduct at BayBees Pediatrics, 18259 Coastal Highway, that were prompted by complaints. Police said after the arrest that Bradley had six cameras that recorded apparent crimes involving children, including one incident in which he appeared to be 'violently enraged.'"
Once again we confront the worst that we are capable of, as humankind. What was the professional and educational failure that permitted this sociopath to slide through? What systems failed that permitted him to again and again victimize these children? Help me understand how this happened?
Let me give you a sense of what we're talking about by quoting Delawareonline's story:
"Former Delaware prosecutor Ferris W. Wharton, who at times directed the state Justice Department's rape and sexual-offense unit, said the possible scale of the crimes dwarfs any in his experience.
'Obviously, the potential number of victims that has been put out there exceeds any that I've heard of in Delaware before,' said Wharton, now in private practice. "It's an order of magnitude greater than what I'm familiar with.'
Because of that, defense and prosecution teams could face an extra challenge in focusing on the legal issues of the case 'without allowing their feelings about what the allegations are to override,' Wharton said.
Bradley's arrest capped months of suspicions and unsettled investigations into his conduct at BayBees Pediatrics, 18259 Coastal Highway, that were prompted by complaints. Police said after the arrest that Bradley had six cameras that recorded apparent crimes involving children, including one incident in which he appeared to be 'violently enraged.'"
Once again we confront the worst that we are capable of, as humankind. What was the professional and educational failure that permitted this sociopath to slide through? What systems failed that permitted him to again and again victimize these children? Help me understand how this happened?
Tuesday, November 3, 2009
The Catholic Church Games You!
The guy to the right is Brooklyn Bishop Nicholas DiMarzio.
Bishop DiMarzio made a robocall (that's him on the phone now!)--on behalf of the reelection of that great assemblyman and Brooklyn Democratic Boss, Vito J. Lopez. Lopez earned the endorsement of our dear representative of Christ on earth by: (a pulling a little girl from a burning tenement?; (b sponsoring legislation to feed and clothe the poor during this recession?; (c protesting the opening of an abortion clinic in our district?; or,(d defeating legislation that would have expanded the statute of limitations to allow victims of rape and sexual molestation to sue the perpetrators and the institutions that protected and covered-up the crimes?
If you guessed (d and you voted for Vito--that'll be 10 points plus all your sins are forgiven. Don't you feel cleansed?
Bishop DiMarzio made a robocall (that's him on the phone now!)--on behalf of the reelection of that great assemblyman and Brooklyn Democratic Boss, Vito J. Lopez. Lopez earned the endorsement of our dear representative of Christ on earth by: (a pulling a little girl from a burning tenement?; (b sponsoring legislation to feed and clothe the poor during this recession?; (c protesting the opening of an abortion clinic in our district?; or,(d defeating legislation that would have expanded the statute of limitations to allow victims of rape and sexual molestation to sue the perpetrators and the institutions that protected and covered-up the crimes?
If you guessed (d and you voted for Vito--that'll be 10 points plus all your sins are forgiven. Don't you feel cleansed?
Tuesday, October 13, 2009
Some People Get Extra Due Process while Others Get None
http://online.wsj.com/article/SB125544222770882429.html The US Supremes will hear Jeffrey Skilling's appeal from his criminal conviction. Skilling, one of Enron's "smartest men in the room" was convicted of 19 counts of financial fraud. He's represented by the great civil lawyer Daniel Petrocelli, best remembered for obtaining something lie a trillion dollar verdict from OJ Simpson in a civil wrongful death action.
While I don't begrudge Skilling his various days in court, compare and contrast with the young woman, Jamie Leigh Jones from KBR who spent 4 years trying to get the merits of her civil claim heard in court http://badlawyernyc.blogspot.com/2009/10/al-franken-gets-to-heart-of-it.html. Or the thousands of rape and child molestation victims here in Our Home State who can't get to court because of a 1 or 2 year statute of limitation that bars their claims agasint the Church. Some people get all the due process, some get none.
While I don't begrudge Skilling his various days in court, compare and contrast with the young woman, Jamie Leigh Jones from KBR who spent 4 years trying to get the merits of her civil claim heard in court http://badlawyernyc.blogspot.com/2009/10/al-franken-gets-to-heart-of-it.html. Or the thousands of rape and child molestation victims here in Our Home State who can't get to court because of a 1 or 2 year statute of limitation that bars their claims agasint the Church. Some people get all the due process, some get none.
Labels:
Child Sex Abuse,
Due Process,
Statute of Limitations
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