Showing posts with label statutory rape. Show all posts
Showing posts with label statutory rape. Show all posts

Friday, December 17, 2010

Norwalk Teacher Sentenced for Having Sex with Student

STAMFORD -- The Brien McMahon High School art director who pleaded guilty to having sex with a student will spend one year in prison and will then be on probation for 20 years, a judge announced at Friday's sentencing.

John Tate, 54, of Edgewood Avenue, Stamford, was led away in handcuffs Friday morning after Stamford Superior Court Judge Richard Comerford handed down the agreed-upon jail of eight years, suspended after a year served, on charges of second-degree sexual assault and tampering with a witness. During the Norwalk Police Department investigation, the girl told police she and Tate had intercourse 20 times, including in a classroom and at a cemetery, the two-page arrest warrant affidavit states.

In addition to his prison sentence, Tate must register as a sex offender and will serve 20 years on probation.

"This was devastating for all the families involved," defense attorney Mark Sherman said. "John has accepted responsibility and wants to start serving his time."

Friday, November 12, 2010

Statutory Rape Case Dismissed After Alleged Victim Commits Suicide

(CNN) -- A statutory rape charge against an 18-year-old Michigan man who had sex with a 14-year-old girl has been dropped after the girl committed suicide, according to the Wayne County, Michigan, prosecutor's office.

"Our witness was the evidence and her testimony was going to be our evidence in the case," said Maria Miller, spokeswoman for the prosecutor's office. "Our heart goes out to the family in what is just a tragic case."

The mother of Samantha Kelly made a tearful plea for justice on Wednesday after watching former defendant Joseph Tarnopolski go free.

"My daughter did not get any justice before this, and she is not getting justice now," Kelly's mother, June Justice, told reporters, according to CNN affiliate WDIV.

Samantha Kelly's death removed evidence and testimony that might have led to a conviction, and made it impossible for the defendant to face his accuser under oath in open court, Miller said.

The girl's body was discovered by her 12-year-old brother after she hanged herself in her bedroom on Monday, according to Huron Township Detective Scott Carey.

Tarnopolski, who faced the specific charge of criminal sexual conduct of the third degree, acknowledged having sex with Kelly but disputed claims that it was not consensual.

"It was a mutual thing and I have text messages proving that," Tarnopolski told WDIV. "It's her parents that pushed it as hard they did," he said. "They said I threw her down and all that stuff. It never happened."

A police investigation indicated the sexual encounter was consensual but the alleged victim was under the age of consent, according to a written statement by Huron Township police.

Despite Tarnopolski's admission of a sexual encounter, Michigan state law precludes using only the defendant's statement in proving a case.

Choking back tears in front of reporters, the girl's mother said court authorities took her into a separate room where prosecutors explained the ruling before the case was dismissed.

"This is our justice system," she said disparagingly.

News of Samantha Kelly's death rippled through the small Detroit suburb in Wayne County.

"It's torn all of us up," said neighbor Amy Tyree. "Anytime you have a loss of a young child, it just tears the community to pieces."


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HURON TOWNSHIP, Mich. — Samantha Kelly endured merciless taunting from classmates after they learned that the high school freshman had accused a senior of rape.

The weeks of harassment eventually became too much. Samantha went home from school Monday and hanged herself in this community southwest of Detroit.

With their key witness dead, prosecutors on Wednesday dropped criminal charges against the older student, saying they had no case without the accuser's testimony.

Samantha's mother screamed at 18-year-old Joseph Tarnopolski after his brief court appearance and had to be restrained by a relative. She told reporters she was not consulted about the decision to dismiss the third-degree criminal sexual conduct charge.

"My daughter did not get any justice," June Justice said.

Samantha's accusations became known to many of her neighbors and classmates after she and her mother spoke to a local television station about the matter. Samantha's face was blocked out, but word of her allegations quickly spread.

"People wanted to beat her up — people who were friends of Joe," said Ayla Raines, who also attended Huron High School. "Not to her face. She heard from other people that they wanted to beat her up."

Another student, Calie Bouchard, said 14-year-old Samantha was confronted once in the lunch room by a group of girls who insisted she was lying.

"She started breaking down in tears," Calie said.

Principal Donovan Rowe said school officials investigated the alleged bullying and found nothing overt. Rowe said on occasion he walked behind Samantha as she went from class to class and witnessed no harassment.

Huron Township police said Justice brought her daughter to the station on Sept. 27, a day after the encounter with Tarnopolski, to file a sexual assault report. At the time it was considered a statutory rape case, meaning the pair had consensual sex but that she was under the age of consent.

Justice also met with school officials and asked to keep the matter confidential, the principal said. Initially, he added, there was no animosity between the two families.

School officials said they were blindsided by the Oct. 18 television report in which Justice criticized administrators for not taking action to protect her daughter.

Before the story aired on Detroit station WJBK, Justice "was pretty complimentary of us," Rowe said. "She indicated she wanted to move her daughter to another school, but Samantha wanted to stay here."

Samantha had not been at school for about two weeks before returning Monday morning with her mother.

"Her mom had mentioned some harassment," Rowe said. "I asked her specifically if it was happening here. She said no. It was happening in the trailer park."

Samantha told close friends she was constantly being intimidated.

"She told me she was being extremely bullied, and it was extremely stressful," said 16-year-old Devyn Waldecker, a neighbor in the Huron Estates mobile home park. "People bumped into her in the hallways at school. On two occasions after school, people tried to jump her."

Waldecker, who attends another school, wanted to help the girl she had befriended just this past June, but "really didn't know what to do."

"I told her I was there for her — anything she needed from me," Waldecker said.

Samantha didn't deserve such an ordeal, said Devyn's mother, Shannon Waldecker. "Sam was a very sweet, soft-spoken person and very honest."

After school Tuesday, Devyn Waldecker learned from Samantha's mother that her good friend was dead.

"I was shocked and heartbroken," the girl said.

On Wednesday, Wayne County prosecutor's spokeswoman Maria Miller said the case against Tarnopolski could not proceed "because the sole evidence ... was the complainant."

Attorney Joseph Kosmala, a Detroit-area defense lawyer who was not involved in the case, said the prosecutor seemed to have no other choice.

"Sexual assaults are not crimes that typically take place in front of witnesses. They're private crimes," Kosmala said. "Unless the complainant can sit in the witness chair and point the finger, there is no case."

Police notified school officials Monday night about the suicide. Students were told the next day that a schoolmate had died and that counselors were available.

Tarnopolski's attorney, Jacqueline George, called the case "a sad situation" for all involved. "I hope both families can heal," she said.

A Facebook page was created to memorialize Samantha and by Wednesday afternoon had more than 550 friends. It reads, "R.I.P., Samantha Kelly. You will be missed. We love you."

Thursday, September 3, 2009

Mom Denies Killing Baby to Hide Father's Age

HAMILTON, Ohio -- A 26-year-old woman accused of murdering her 5-week-old son, to hide the identity of the baby's father, has plead not guilty.

Investigators say Asuncion Avila-Villa killed her son, Israel Santos, and put his body in a garbage can.

Avila-Villa is also charged with one count each of gross abuse of a corpse, tampering with evidence and unlawful sexual conduct with a minor.

According to the indictment, the father is under the age of 16.

Butler County Prosecutor Robin Piper refused to say anything about who the alleged father may be.

The indictment accuses Avila-Villa of killing the child to hide evidence of unlawful sexual conduct.

Avila-Villa was arrested Aug. 25 after police found her baby's body in a garbage can in an alley behind her home.

A coroner says the baby had a crushed skull and broken arm.

According to investigators Avila-Villa needed to help identify the child's father if she wanted to continue receiving public assistance.

Israel was found dead just days before a DNA test was to be conducted.

Piper says he will seek the death penalty.

A judge is expected to appoint an attorney for Avila-Villa who is being held on a $1-million bond.

Friday, June 5, 2009

Teacher Sentenced for Sex With Students


(June 4) - A former music teacher in Michigan accused of having sex with two students was sentenced to nine months in jail on Wednesday.

Police say 42-year-old Ranee Proper had sex with boys ages 16 and 17. She was originally charged with five counts of third-degree criminal sexual conduct with a student.

In a deal with prosecutors, Proper pleaded guilty last month to second-degree criminal sexual conduct.

On Wednesday, Oakland County Circuit Judge Edward Sosnick sentenced her to five years' probation. She will spend the first nine months of the sentence in jail.

Proper was also ordered to undergo sex offender treatment and not to have unsupervised contact with minors other than relatives.

Proper started working at the school in 2004 and resigned last June during an investigation.