Hearing continued for Utah man accused of
child sex abuse
Amy Macavinta
The preliminary hearing for a Logan man who is representing himself in a child sex abuse case in the 1st District Court was continued until May in order to allow him to be better prepared for the hearing.
Cody C. Smith, of Logan, is presently incarcerated in the Utah State Prisons facility in Duchesne on a 2015 conviction of sexually assaulting a teenager over a two-year period while also facilitating sexual activities between her and other individuals.
Smith, who was ordered to serve 10 years to life in prison, was charged in April last year with six new counts of aggravated sexual abuse of a child that reportedly occurred nearly 10 years ago.
While an attorney was appointed to represent him at the outset of the case, Smith has decided he would like to represent himself. He explained to the judge on Wednesday that his incarceration in Duchesne poses some logistical challenges to filing the proper paperwork in the court in a timely manner.
The Cache County Attorney's Office agreed to continue the hearing until May 20 to give Smith extra time to work through those challenges.
Preliminary hearing set for another Utah man
in child sex abuse case
A Logan man charged with child sex abuse made a brief appearance in 1st District Court today where his attorney asked for a preliminary hearing on his behalf.
Ira Mathison, 43, was charged in December with two counts of aggravated sexual abuse of a child, a first-degree felony.
According to documents filed by Logan Police, a child had been left in Mathison’s care, and he has been accused of touching the child inappropriately over her clothing while she watched TV on his bed.
A preliminary hearing has been scheduled for March 4, and the Cache County Attorney’s Office will be prepared to present evidence that Mathison should be charged with the crime.
Bail was set at $40,000 but he remains in custody at the Cache County Jail.
And another Utah man charged with
sexual assault of toddler, teen
By Amy Macavinta
A 61-year-old man allegedly caught in the act of sexually abusing a 2-year-old girl in Franklin County is currently incarcerated in the Cache County Jail where he faces criminal charges in both Franklin and Cache counties.
According to a Cache County affidavit seeking the arrest of Otto “Dewey” Kennedy, Preston police took Kennedy into custody on Feb. 3 and the following day, he was charged in the Franklin County Magistrate Court with lewd conduct with a child under the age of 16.
Kennedy is currently being held in the Cache County Jail because Franklin County contracts with Cache County for jail services, and bail has been set at $30,000 in the Idaho case.
Investigators in Preston contacted the Cache County Sheriff’s Office and informed detectives of 6-year-old allegations against Kennedy that were never charged because Kennedy could not be located at the time.
The arrest affidavit says a 15-year-old girl told police that Kennedy had touched her inappropriately for a period of years, beginning in 2011.
There were also allegations that he kept child pornography in the home, which Kennedy denies.
Kennedy was interviewed by a detective last week at the Cache County Sheriff’s Office, where he admitted to engaging in a “sexual relationship” with the girl for a two-month period, saying the girl “would not leave him alone.”
Yeah, cus obviously, he's so sexy!
The affidavit was submitted to the Cache County Attorney’s Office, which has filed the case, charging Kennedy with seven counts of aggravated sexual abuse of a child, a first-degree felony.
After the warrant is served on Kennedy, a local court date can be set for an initial appearance. In the meantime, he is currently set to appear in the Franklin County court for a preliminary hearing on March 1.
Forcible sex abuse case raises questions
over sentencing matrix in Utah
By Amy Macavinta
A 21-year-old Logan man convicted of forcible sexual abuse was sentenced on Thursday to one year in the Cache County Jail — much more than the 105 days that was recommended by Adult Probation and Parole but significantly less than the prison sentence the victim’s family begged for at the time of sentencing.
Paul Costel was charged last summer with rape, a first-degree felony offense, after he sexually assaulted a young woman in his home last year.
According to court records, Costel and the victim were drinking together with another friend, who left the residence at about 2 a.m. June 27. She told police a few days a few days later that Costel was rather intoxicated so she helped him to his bed.
During that same time, he reportedly became emotional and wanted to talk. While there in the room with him, she said Costel tried to kiss her, and she told him no each time. Costel, however, forcefully removed her clothing and raped her.
She later ran from the room, left the residence, and the next day, she went to a local hospital for a rape exam, she said.
Costel was arrested last July, and in November, he agreed to plead guilty to forcible sexual abuse, a second-degree felony that by state code is punishable by one to 15 years in the Utah State Prison.
More than a dozen people — many family, some coworkers — wrote letters to Judge Brian Cannell on Costel’s behalf, each sharing their view of his character, which appeared to be unblemished.
But perhaps more poignant was the victim, who stood at the podium, shaking and crying as she tried to describe how his betrayal had destroyed her. Her father said even sleep was no escape for her because Costel was waiting there for her in her dreams.
“I once had a daughter who was selfless with her love … that girl is gone,” her mother said.
Each of them begged the judge to take a stand and send Costel to prison, contrary to the recommended jail time.
While Utah code establishes a prison term of one to 15 years in prison for a second-degree felony, the Utah Sentencing Commission has created a matrix that scores each defendant on a number of criteria that takes multiple factors into consideration, including their prior criminal history.
“The heart of the matter is the matrix,” Cache County prosecutor Jake Gordon said. “What it gets wrong is it inherently banks goodness, and I think that is patently wrong. Society has a representative in this court, and it is me, and I am telling you that society would be be best served by putting the defendant in prison.”
Cannell said he was conflicted as he considered the consequences for Costel.
“I think 105 days is inappropriate, so I am going to give you a full year in jail in recognition of the harm done,” he said. “I don’t know how this stuff happens; call it a selfish moment or a sick disregard for another human being, but I’m tired of it.”
Obviously, not tired enough. One year for rape???
Utah rabbi claims nanny sexually abused him for a decade
One Survivor's Story with some deep insights
By: Andrew Reeser
SALT LAKE CITY (ABC4 News) - A Utah rabbi may be the first of his order to come forward about experiencing childhood sexual abuse - a decision that did not come lightly for Rabbi Avrahom (Avremi) Zippel, leader at Chabad Lubavitch of Utah.
The abuse began when he was 8 years old and lasted until he was 18, Zippel - who is now 27 - told ABC4 News. Last April, his childhood nanny, 69-year-old Alavina Florreich was arrested on suspicion of at least 130 instances of child abuse. She was charged with five counts of aggravated child sex abuse and two counts of forcible sex abuse.
Charging documents claim that from approximately September 1, 1999, to July 17, 2009, Florreich sexually molested Zippel, who stated that when he was around 9 or 10, Florreich "undressed and encouraged him to touch her breasts while in the bathroom." Probable cause statements also allege Florreich played with Zippel's privates at that time.
Zippel also told investigators that when he was 13, he went to school out of state. When he would visit home, documents allege Florreich would still sexually touch him, masturbating him several times.
Zippel also claimed Florreich "convinced him that she was teaching him to be a good husband," court documents show. Florreich also admitted to investigators she did touch Zippel's penis and that she did show him her breast, according to the statement. She also excused her behavior by saying the touching was "all part of a boy's curiosity and it was just him 'learning.'"
THE REALIZATION
Zippel said he had broken his leg when he was 20. During his down time, he says he was watching an episode of "Law and Order: Special Victims Unit," in which a teen boy had to recount a consensual relationship with his nanny.
"It planted a seed," said Zippel. "That seed kept nagging at him." He realized he had been sexually abused.
Under the law, children cannot consent to sex with an adult. Zippel had lived his entire childhood thinking he had consented to the sexual relationship with his nanny. Guilt and shame overcame him during his formative years.
"'Turmoil' is probably a good word in the most general sense. Turmoil in the sense of - you don't know what's happening to you," said Zippel, who was preparing for Sabbath when he interviewed with ABC4 News.
He always wanted to be a rabbi. He wanted the life of putting another's spiritual needs before his own. He was a happy child, he said. He loved video games, basketball, and the Utah Jazz. He loved going to synagogue with his family.
He didn't have an unhappy childhood, he said.
"I think I was a pretty cheerful kid," said Zippel, who spoke confidently but with seemingly nervous fidgetiness during the interview. Coming out as a child sex abuse survivor has been a step out of his comfort zone, he said.
Zippel described the pain felt by that video-game playing, sports-loving boy all those years ago.
"It's an intense loneliness," he said. "Survivors of sexual abuse are probably in their own mind the loneliest people in the world. There's a certain violation that you go through on your deepest levels that you're convinced deeply sets you apart from every other person in the world."
Zippel said the abuse that occurred during puberty perplexed his soul even more.
"NOT PERSONAL"
Zippel said his decision to come forward about the abuse was not to exact revenge against Florreich for what he said happened to him.
"It's not personal," he said. Still, he admitted that for him, coming forward was part of his personal path to healing - a path that looks different for all sexual abuse survivors, he said.
Elizabeth Smart, who survived months of child sexual abuse herself, has praised Zippel as a hero.
Zippel smiled when he spoke of his interactions with Smart.
"She says you should never ask a survivor a question that begins with the words...'why didn't you?,'" he said. Some did ask him why he didn't report the alleged abuse to his parents as it was happening.
He said that line of questioning can cause further damage to a soul already dead.
"As human beings we are internally wired to have a certain sanctity of self," said Zippel. "We have kind of this core that we would like to believe remains protected at all times. And nobody can hurt that core. And for whatever reason, when one goes through sexual abuse, it's that core that feels violated."
"I think it's the murder of the soul," said Zippel. "It leads you to feel damaged and violated in the most intense way possible."
Destruction of innocence; violation of the sacred; murder of the soul!
MOVING FORWARD
Zippel is poised to testify in the Florreich's trial. Her arraignment is scheduled for March 4.
He said right now, he's focusing on the synagogue and his wife and two small sons.
He hopes to empower his sons against this type of abuse - but in a way he feels appropriate.
"The conversation that we need to be having with our kids does not require an intense amount of sexual education. I think it's a question of safety. It's a question of boundaries. It's a conversation where we can tell our kids that they should feel absolutely comfortable to talk to us about everything," he said.
His faith remains intact despite what he says happened to him as a child. He says his faith is what sustained him.
"I was continuously hoping and working to find a way to have my faith help me through this," Zippel said. "My faith in God is really what gave me a lot of the tools to make it to where I am today."
He urges other survivors of sex abuse to realize they are not alone. He also acknowledges that he will never be fully healed.
"Whether it's medication or therapy ... you will never be whole in that sense... you will never get back to your 8-year-old self," said Zippel. "You can remember to seek help...you can remember to not feel alone...you can remember that the largest struggle that you will have is loneliness."
And he's there to help others in that struggle.
2 more arrested for human trafficking, including a
former Utah 'Vice Squad' supervisor
By: Emma Johnson
UTAH COUNTY, Utah (ABC4 News) – A former St. George Police Department lieutenant and another man were arrested in an undercover human trafficking investigation in Utah County.
On Valentine's Day detectives with the Utah County Sheriff’s Office, Special Victims Task Force, and detectives with Lehi Police Department conducted undercover operations aimed at targeting human trafficking, officials say.
Investigators targeted 51-year-old David N. Moss, the former police lieutenant, and Vice Squad supervisor, and 29-year-old Richard Michael Martin.
Two undercover detectives established separate social media contact with Moss who used the name “Pilot” online, officials say.
During conversations with the undercover detectives, who Moss believed to be sex workers, he described that he could “manage” them, not as a “pimp”, but to help them avoid getting caught, documents state.
Utah County Sheriff’s Office says Moss described how he could protect them, help them avoid police, and that he would "take care of booking" and they would “entertain”.
Police say Moss told them he had “run” other girls when they asked if he had previous experience managing. Undercover detectives sent photos to Moss after which they discussed prices and arranged to meet at a location in Utah County, authorities say.
During this meeting, Moss showed the undercover detectives money and said, “I am not opposed to paying.”, police say. Documents state during this part of the conversation, Moss grabbed the hand of one of the detectives and forcibly put it on his genitals over his pants, he then unzipped his pants and exposed his genitals.
Detectives followed up on evidence they had collected, and on February 19th, Moss was arrested at his home in Lehi.
During an interview after he was arrested, Moss admitted most of the information he discussed with the undercover detectives, authorities say. He denied, however, ever having any involvement “managing” other girls.
Moss was booked into the Utah County Jail on the following charges:
Exploiting a prostitute, 3rd-degree felony;
patronizing a prostitute, class A misdemeanor;
sexual battery, class A misdemeanor; and
two counts of lewdness, class B misdemeanor.
Bail for Moss has been set at $10,260.00 cash or bond.
Detectives say Moss may have other victims they were not aware of. Moss resigned his employment as a lieutenant with St. George Police Department, where he supervised the Vice Squad, a department or division of a police force that enforces laws against prostitution, drug abuse, illegal gambling, and would have had contact with vulnerable individuals who could easily be exploited.
Officials said Moss has also recently served as a leader of a local religious congregation, which allowed him to contact vulnerable individuals who could be exploited. Because he told the undercover detectives he had “run” other girls, they ask that anyone who may have had involvement of this nature with Moss to contact investigators with Utah.
Officials from the same team busted another man with similar offenses.
An official statement released by Utah County states that detectives working undercover in previous cases established social media contact with a suspect in May of 2016. He was later identified as Richard Michael Martin of Riverton.
Authorities believed Martin was communicating with a 13-year-old girl he described wanting to engage in sexual intercourse and oral sex with, but they were never able to arrange a meeting with him.
Fast-forward three years, and on February 12, 2019, undercover detectives again established social media contact with Martin.
Utah County Sheriff’s Office says Martin believed he was talking to a woman who was the mother of 12 and 6-year-old girls. Martin described wanting to engage in sexual intercourse and oral sex with the 12-year-old and oral sex and digital penetration with the 6-year-old. He also said wanted the 12 and 6-year-old to perform oral sex on him, officials say.
Martin arranged to meet the undercover detective at a location in Utah County on February 14th. During the meeting officials say they found Martin in possession of video recordings of extremely graphic child pornography involving very young children and infants. Investigators say he also admitted his desired actions with the minors.
Detectives investigating this case say they will refer portions of their investigation for federal charges because of the nature of the quantity of the material.
Martin was booked into the Utah County Jail on nine 2nd degree felony counts of enticing a minor by internet or text. He is being held on $30,000.00 cash or bond. Martin has a previous arrest for similar charges in Kentucky in 2009, police say.
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