Stinky Feet sex abuse trial begins in Oregon,
day care owner's son accused of molesting 5 children
Whitney Woodworth, Salem Statesman Journal
The first witness called Wednesday during the Polk County trial of Quinlyn Harden was his first alleged victim — a girl who attended the day care run by his mother.
The victim, now 14, said Harden abused her for years, filling her with shame and fear until she spoke up in January 2018 and reported the abuse. Her disclosure eventually led to Harden's arrest and the uncovering of four more alleged victims.
Harden, 25, is now facing 20 counts of first-degree sexual abuse, four counts of first-degree sodomy, five counts of first-degree rape and one count of first-degree unlawful sexual penetration.
Harden was first arrested in March 2018 for sexually abusing the girl at Stinky Feet Childcare, the home day care in Independence owned by his mother Ceola Harden. Following an investigation, officials closed the day care on May 25, 2018.
Ceola Harden declined to comment to the Statesman Journal the day her child-care license was revoked by the Oregon Department of Education's Office of Child Care. She has not faced any criminal charges in connection with the alleged sex abuse.
The order stated Harden let her son — who never underwent a background check or signed up on the required registry — have unfettered access to children.
Parents, never let your children stay alone in daycares or any other home where men are frequently present.
She also failed to report suspected abuse to the Oregon Department of Human Services, according to a complaint filed with the Office of Child Care. Registered childcare providers are considered mandatory reporters and are legally required to report suspected abuse.
According to the complaint, a partner agency confirmed Harden knew about her son's inappropriate behavior and told one child victim, "It's okay. I'll take care of it. Don't tell your mom."
New charges were filed again in June 2018 after two more victims came forward. That same month, another girl came forward and reported being abused by Quinlyn Harden starting when she was 6-years-old.
Charges relating to a fifth victim, a boy under the age of 14, were filed against Harden in December. The time frames of abuse involving the five different victims overlap, according to court documents.
Quinlyn Harden pleaded not guilty to some of the counts against him. In a letter to the court, he indicated that he wanted to fight the charges against him, especially because his "life and livelihood is literally in question."
During opening statements Wednesday, defense attorney Martin Habekost questioned how something so big — the longtime sexual abuse of five children at a day care — was kept secret for so long.
He urged jurors to consider the who, when, where, why and how of the allegations and use their common sense. Who is accusing Harden of abuse, and what reasons do they have for doing so, he asked. By asking these questions, he said he believes the jurors will find reasonable doubt in Harden's guilt.
Special prosecutor Jayme Kimberly said because of the delayed reporting and nature of child sexual abuse, there is no video evidence, confession, forensic evidence or eyewitnesses of abuse to support the allegations against Harden.
Kimberly was a Polk County prosecutor when the Harden case began and is continuing to handle it even though she's now an assistant attorney general. The case, she said, rests on believing the testimonies of the five children Harden is accusing of molesting.
In their testimonies, the jury will hear the reasons why they kept the abuse secret and why they eventually came forward, Kimberly said. His first alleged victim said Harden had abused her for almost a decade — first by touching her inappropriately and calling it a game then escalating to molesting her and raping her. She said the abuse occurred in the home day care, on trips and in Harden's truck.
During cross-examination, Habekost questioned the first victim about why she didn't report the abuse sooner. Why didn't she tell Ceola Harden — a trusted relative — or her mother? "I was scared," she said. "I was a little kid. I didn't want people to know that he did these things to me."
She put a stop to the abuse as a 12-year-old after learning about sexual assault in health class. She cut down on her visits to the Harden home, and when she did visit, she refused to be there if Ceola Harden wasn't present.
She said she stayed silent until her class began talking about hurtful relationships. "I couldn't handle it anymore," she said. "I started crying and kind of flipped out." Her teacher asked if she wanted to talk to a counselor. She did, she replied.
After her mother found out about the abuse, she confronted Quinlyn Harden as he was getting into his car outside his home. Her mother tearfully testified Wednesday that Harden instantly said "I didn't touch her" when he saw her. She began poking at his chest and yelling, "She's just a little girl."
The victim's mother said she shouted and threw various items at Harden as he crab-walked away on the steps. "I am not a violent person by nature, and I don't condone violence," she said. "I understand now what a blind rage is." She said she grabbed Harden's keys out of the ignition and warned him, "Don't you dare leave town because I will find you."
Opening statements concluded Wednesday morning and were followed by the prosecution's presentation of the case. Harden's jury trial is expected to run until Oct. 17 in Polk County Circuit Court.
Texas man found guilty of sexual abuse of child
LAREDO, TX (KGNS) - A jury in the 111th District Court found a man guilty of three felonies involving the sexual abuse of a child.
Carlos Romo Jr. was convicted of the continuous sexual abuse of a child under 14 years old, indecency and sexual contact with a child, and the possession of child pornography.
Romo was sentenced to life in prison for count one, 20 years for count two, and 10 years for count three.
He was arrested on January 26, 2018, after an outcry was made by a minor female relative that had been sexually abused by the defendant.
In a previous report (see link above), he is listed as Carlos Roma???!!
Sex abuse survivor says life forever changed as Indiana judge gives Crown Point child molester 7 years
Sarah Reese sarah.reese@nwi.com
CROWN POINT — A 58-year-old man was sentenced Wednesday to seven years in prison for repeatedly molesting a relative when she was between the ages of 5 and 10.
Eddy C. Dixon, of Crown Point, had been facing up to eight years in prison after pleading guilty in August to a Class C felony count of child molesting.
Dixon was charged in April 2016 with Class A felony child molesting and Class B felony incest. Prosecutors agreed to drop those charges in exchange for his plea.
Dixon's relative, who is now 21 years old, said Wednesday court records that give the impression that Dixon was the first to admit the sexual abuse to his family are incorrect. It was only after she told her mother that Dixon admitted his crimes to his family, she said.
"The night I told my mother, he tried to turn himself into the victim," she said. "He claimed he had never been a Christian." Dixon told his family he had resolved to truly become a Christian, but she didn't believe him. "He will never change," she said. "He will be a sick, disgusting predator to young girls."
Man told family he abused another
Dixon also admitted to the family that he had molested another young relative, she said. He was not charged in connection with that allegation, but he did not dispute it during Wednesday's hearing. "After the abuse stopped with me, Eddy picked his next victim," she said.
The woman said her mother, despite knowing of the abuse, continued to support Dixon and isolated her.
Good grief! Some mother!
She was kicked out of an uncle's funeral so Dixon could grieve with his family, and she avoided her grandmother's funeral for fear of being asked to leave again, she said.
The abuse robbed her of the last 16 years, often seen as some of the best in people's lives, she said. "No amount of time in prison can give me back my childhood," she said. "The trauma I experienced will forever change my life."
The woman left the courtroom when it came time for Dixon to give his statement. He began reading a letter addressed to her but turned to see she was no longer sitting in the gallery.
Dixon said he understood his actions made her "bitter, angry and resentful" toward him. She did not "provoke" the abuse, he said. "I can't undo what I've done," he said. "One way I can make amends is by not repeating the behaviors that harmed you."
Dixon said he had been meeting with a counselor and his pastor for the past 4.5 years and has achieved "sexual sobriety." "I'm grateful I've become the person I always wanted to be," he said.
Defense attorney Thomas Vanes said Dixon was a noncombat veteran and worked for years in the accounting profession. Vanes said Dixon from the beginning referred to his crimes as "depraved," which is unusual for a criminal defendant. "Few people would be willing to be so honest about what they did," Vanes said.
Vanes took responsibility for the delays in the case, which had been pending for years. He said Dixon always wanted to work out a nontrial resolution, and the defense intentionally chose not to depose the victim.
Vanes asked that Lake Criminal Court Judge Clarence Murray include work-release and probation as part of Dixon's sentence so that he can receive some level of court supervision after his release.
'She could not escape'
Lake County Deputy Prosecutor Nadia Wardrip said any argument that Dixon's imprisonment would have a detrimental effect on his family ran hollow. "Child molesting will have a severe detrimental effect on the family left behind," she said.
Wardrip said she was shocked by letters of support written on Dixon's behalf. Some referred to Dixon's "mistake" and "poor judgment," minimizing the woman's trauma, she said.
The woman's mother "kindly prays" for her healing, and a son-in-law expresses concern for Dixon's recovery, Wardrip said. "Where is the concern for (the woman's) recovery?" she asked.
Wardrip said Dixon is a child molester who happens to be a veteran and had a career as an accountant. She asked for an eight-year sentence with no work release or probation.
Murray said he found Dixon to be a sexual predator whose character is manipulative, depraved and vile. "The victim was essentially placed in a position of sexual servitude to the demented desires of the defendant, and she could not escape," the judge said.
Murray gave Dixon credit for his lack of criminal history, but refused to allow him another day of freedom before reporting to jail. He sentenced Dixon to seven years in prison, with no option for work release or probation. Bailiffs handcuffed Dixon and led him out of the courtroom.
Murray told the woman her testimony was profoundly moving and that child molesting cases are always difficult. "None of it, absolutely none of it was your fault," he said. "You are a victim, and I wish you the best."
You were a victim! You are now a survivor and you will get stronger every day. God bless you.
Cedar Rapids, IO, man sentenced to 12 years for
sexually abusing 3 y/o girl
CEDAR RAPIDS — A 22-year-old Cedar Rapids man was sentenced Wednesday to 12 years in prison for sexually abusing a 3-year-old girl.
Jason Alexander Clark pleaded guilty in Linn County District Court to lascivious acts with a child, a felony, and indecent contact with a child, an aggravated misdemeanor. Clark made Alford pleas to the two charges.
In an Alford plea, a defendant maintains his innocence but admits the prosecution has enough evidence to prove guilt beyond a reasonable doubt.
A criminal complaint shows Clark sexually abused the 3-year-old on March 12, 2018, in a Cedar Rapids home. An adult witness called police after seeing Clark inappropriately touching the child. Clark left the residence before police arrived, but later, during an interview, he admitted making sexual contact with the victim, according to the complaint.
Sixth Judicial District Judge Mitchell Turner also sentenced Clark during the hearing because Clark waived his right to challenge the pleas and requested immediate sentencing. Turner sentenced Clark to 10 years in prison on the lascivious acts conviction and two years for the indecent contact, running them consecutively for a total of 12 years in prison.
Clark also will have to be on the sex offender registry for life and must serve a special sentence of parole for life because this is a sex offense. Turner, in his sentencing order, said the lascivious acts offense meets the definition of a sexually predatory offense, and it could enhance future punishment for similar convictions.
Astoria, Ore, man faces child sex abuse charges
The Astorian
Nicholas Allen Tucker, 33, was arraigned Wednesday and charged with four counts of attempting to use a child in display of sexually explicit conduct, online sexual corruption of a child in the first degree, luring a minor, solicitation of incest and solicitation of sexual abuse in the third degree.
Tucker was arrested Friday outside of the Clatsop County Courthouse.
Seminole, Fla, woman accused of sexually abusing
6-y/o she was babysitting
6-y/o she was babysitting
BY TRIBUNE MEDIA WIRE
SEMINOLE, Fla. – A Florida woman faces several charges after she allegedly sexually assaulted a 6-year-old girl multiple times while babysitting her.
Detectives say 19-year-old Erica Charles, of Seminole, abused the child at the girl’s home in Pinellas County between August and September of 2019.
Charles, who was arrested Monday, faces three counts of sexual battery on a child less than 12 years old, one count of lewd and lascivious molestation and one count of prohibition of certain acts in connection with obscenity, according to the Pinellas County Sheriff’s Office.
Officers arrested Charles Monday after the Florida Department of Children and Family received a report about the alleged sex abuse. Detectives say Charles showed the 6-year-old pornographic videos on her cellphone and “directed her to perform a sex act on Charles,” according to a sheriff’s office news release.
Charles is also accused of taking off the girl’s clothing and sexually battering her “on multiple occasions.” During questioning, the 19-year-old admitted to the charges and was taken to Pinellas County Jail, the release states.
Authorities are now asking anyone with information about possible additional cases to come forward as detectives continue to investigate. Anyone with information regarding other potential victims is asked to contact Detective Pione or Detective Geoghegan with the Crimes Against Children Unit at (727) 582-6200.
Colonial School Board, Del, calls for resignation of member charged with child sex abuse
But all they can do is ask
By SOPHIA SCHMIDT
The Colonial School District Board is asking a school board member accused of child sexual abuse to step down.
Ronnie Williams was arrested on charges of sexual abuse involving three juveniles late last month. He remains an elected member of the Colonial School Board.
The rest of the board unanimously passed a motion Tuesday asking Williams to resign.
Neither the district nor the school board can remove Williams from his position. Under state law, the Governor can remove him if he is convicted. Delaware's constitution states that "the Governor shall remove from office any public officer convicted of misbehavior in office or of any infamous crime."
“At this point our hands are tied,” said Colonial School District spokesperson Lauren Wilson. “We are bound by the law.”
Spokesperson Jonathan Starkey says as far as the Governor's office understands, Gov. Carney lacks the "unilateral authority" to remove elected officials from their positions unless they have been convicted.
"That said, our legal team is continuing to explore any options the Governor may have in this circumstance," he said in a statement. "Clearly, the Governor is extremely disturbed by these allegations."
School board member Leo Magee Sr. says he raised Tuesday’s motion, adding that the case is “taking too much attention away” from other matters. Magee says he has one child and two grandchildren in the Colonial School District. He called the allegations against Williams “disgusting” and “upsetting.”
Wilson says the District supports the school board’s motion. “This is a very difficult time for the District, and we felt that asking Mr. Williams to resign would be in the best interest of not only the school district but the children," she said. “We want to focus on their education rather than this case.”
Both Wilson and Magee say they support planned efforts by State Rep. Paul Baumbach to create a mechanism for school board members to be removed if necessary.
“We fully support any actions that can be taken, because clearly this is a loophole that needs to be tied,” said Wilson.
Colonial School District, Del.
Child sex abuse allegations lead to discovery of 'skeletonized' corpse at Texarkana residence
by Lynn LaRowe, Texarkana Gazette
TEXARKANA, Ark. — Child sex abuse allegations led to the surprising discovery of a "skeletonized" corpse in a Texarkana, Arkansas, residence earlier this month.
When Texarkana, Ark., police went to arrest Tony Ken Hooker, 63, on a warrant for second-degree sexual assault of a child, they were asked by Adult Protective Services to assist in a welfare check on 40-year-old Christy Himes. A.P.S. staff told police that staff had been unable for "some time" to conduct a face-to-face contact with Himes, who was disabled following a stroke and other health problems, Texarkana, Ark., Police Department Lt. Zachary White said Thursday.
Search warrant documents regarding the Oct. 3 search of Hooker's residence in the 1200 block of Martha Street list a "skeletonized body wrapped in a black garbage bag with duct tape and several blankets," among evidence collected by investigators. The warrant authorizes searches of two adjacent residences on Martha Street which Hooker is believed to own.
White said that while investigators "firmly believe" the remains belong to Christy Himes, the department is still waiting for the results of DNA comparison to Himes' sister's DNA profile by the Arkansas State Crime Lab for definitive confirmation. Himes' sister is the longtime girlfriend of Hooker.
White said Hooker is deemed Himes' caretaker by A.P.S. and was receiving and cashing benefit checks on her behalf. When A.P.S. caseworkers attempted to make contact with Himes they were told by Hooker that she was away visiting family "or given some other excuse as to why she wasn't available," White said.
White said that Christy Himes' sister, who is not being identified because she has not been charged in the case, provided information to police at the time of the search that led them to believe Christy Himes was deceased and that her remains were in the Martha Street residence.
Hooker is currently being held in the Miller County jail with bail set at $40,000 in the child sexual abuse case. The mother of a 17-year-old girl reported Sept. 23 that her daughter disclosed that Hooker, whom she reportedly thought of as a grandfather and called "Ken", had touched her inappropriately on multiple occasions when she was a 9- or 10-year-old girl visiting the Martha Street residences, according to a probable cause affidavit.
The alleged victim is related to Hooker's longtime girlfriend and Christy Himes. Hooker is prohibited from having any contact with the girl should he post bond. Hooker is scheduled to appear in Miller County circuit court on the sexual assault charge later this month.
Md. man charged with child sex abuse after
Yellow Line train groping
Teta Alim, WTOPA Laurel, Maryland, man was charged with child sexual abuse Wednesday after he allegedly groped a minor on a Yellow Line train.
Rajkumar Chandrakant Patel, 55, was arrested and charged with second-degree child sex abuse, Metro Transit Police said.
The victim, whom police described as a juvenile male, reported the suspect before 6 p.m. He said that Patel had sat next to him and groped him on the train as it traveled between the Pentagon and L’Enfant Plaza stations, according to transit police.
The victim reported the incident to transit officers on the platform after the train arrived at L’Enfant Plaza. Transit police said the officers then got on the train with the victim, and the victim positively identified Patel.
Patel made his first court appearance Thursday afternoon. A hearing is scheduled for Nov. 6.
Crandall, Tx, Police Arrest Man For Allegedly Sexually Abusing Child Continuously
Police say the victim is a 14-year-old girl who told investigators the abuse began when she was about 10 years old.
Bearden, of Mesquite, was arrested without incident in Dallas.
Police said the arrest was the result of a continued investigation after Bearden was arrested in May 2019 for indecency with a child.
Police did not say how Bearden and the child knew each other or how he had access to the child.
It’s not known if there are any other victims. Crandall Police say the investigation is ongoing.
Centre Hall, Pa, man charged with
possession of child pornography
BY BRET PALLOTTOState police accused a Centre Hall man Thursday of having more than 90 files of child pornography on his laptop.
The Department of Homeland Security in June 2017 discovered files downloaded by Simon Burns, 40, that contained child pornography. A search warrant was issued on his residence along East Allison Street one year later, police wrote in an affidavit of probable cause.
Police found 11 files depicting child sexual abuse and 81 files of nude girls who were younger than 13 on his laptop, police wrote.
Burns was charged with 11 felony counts of possession of child pornography, one felony count of criminal use of a communication facility and 79 misdemeanor counts of displaying sexual materials.
Burns was arraigned Thursday by District Judge Thomas Jordan, who released him on $20,000 unsecured bail. His preliminary hearing is scheduled for Oct. 23.
Man convicted of sexually abusing 3 Utah children sentenced to prison after violating probation in Indiana
Written by Cody BlowersSt George News
ST. GEORGE — A Cedar City man whose light sentencing in a 2017 child sex abuse case sparked community outrage appeared in court Tuesday, where he was sentenced to prison after violating the terms of his probation while living in Indiana.
John Benjamin Gehrich, 21, appeared in 5th District Court to be sentenced for violating the terms of probation stemming from his September 2017 conviction on three second-degree felony counts of sex abuse of a child. The prison term was suspended at that point, and instead Gehrich was placed on probation, which he admittedly violated when he failed to properly register as a sex offender while living in Indiana, as well as violating other conditions of his probation.
On Tuesday, the defendant was sentenced to serve 1-15 years in Utah State Prison on each of the original threes counts. The terms will run concurrently.
The probation stemmed from a 2017 conviction for sexually assaulting three siblings between the ages of 3 and 8 in Cedar City. Gehrich inappropriately touched the three children when he was momentarily left alone with them while visiting a neighbor’s home, according to court records. The children subsequently told their parents and authorities what happened.
Prior to sentencing in 2017, Iron County prosecutors struck a deal with Gehrich that lowered the severity of the felonies and gave him a 15-year maximum prison term, a plea agreement that was diverted from during sentencing when the judge presiding over the case sentenced him to serve 210 days in the county jail followed by 36 months of probation. The defendant was subsequently placed on probation and ordered to register as a sex offender.
According to court records, an interstate compact agreement was signed between Utah and Indiana on April 20, 2018, which allowed the defendant to complete his probation requirements in Logansport, Indiana, where he would reside with his parents and have “24-hour guidance and observation,” the affidavit said.
Three weeks later, Logansport Police in Indiana were dispatched to a residence on a report of a suspicious male, and while speaking to the children’s mother, officers learned that a man approached two young girls who were riding bikes in the alley near their home. The girls told police the man asked them where they lived and where they got their bikes. The children became afraid and ran home where they told one of the girls’ parents.
The officer also interviewed the parent, who said she was outside several days before the incident when a man approached her, said he was new to the area and needed to make money, and asked if she needed anyone to mow her lawn or watch her children.
A short time later, one of the parents received the sex offender registration information along with a photo of Gehrich. The parent showed the photo to the two girls, asking if they had ever seen the man, which is when they identified the defendant as the man who approached them in the alley.
The defendant lived within five blocks of the children when the incident took place, the declaration in support of the warrant said.
When questioned by Indiana police, Gehrich allegedly admitted to saying hi to the two girls, which was a violation of his probation in addition to his failure to register as an offender, but he denied asking the girls any questions.
He was arrested and charged with a felony sex offense involving a child and was serving his sentence in Indiana when Utah was contacted and advised of the situation, at which point Utah Adult Probation and Parole began extradition proceedings and sent the following response to Indiana:
It is with our deepest apology that this was not brought to the courts attention when it occurred in May of 2018. It is clear that the defendant struggles to obey the group A sex offender guideline while on probation as a compact probationer to the state of Indiana. Gehrich was then held without bail in Iron County until the sentencing hearing.
When asked if the defendant would likely be released after serving one year in prison, Iron County Attorney Chad Dotson said that second-degree felonies in Utah carry the indeterminate sentencing where the range is broad, as is the case with Gehrich’s sentence.
He added that any comment on his part would be only “speculation” and that once the defendant is placed in the custody of Utah State Prison, any release recommendations are completely left up to the Utah Board of Pardons and Parole.
Dotson also said that several elements are taken into account when determining if an inmate should be paroled or not, including the presentence investigation report that was ordered by the court prior to sentencing the defendant, as well as the nature of the charges the defendant was convicted of, their conduct while incarcerated, any treatment completed and other factors that are evaluated when determining if parole is appropriate.
In this case, Gehrich will be up for parole review after one year of incarceration. “It would be unlikely that he would be released after a year, and it is certainly our hope that he will be in there for much longer than that,” Dotson said.
The defendant was ordered to begin serving his prison sentence immediately, and the transport order was signed during Tuesday’s hearing.
Tennessee man sentenced to 16 years in prison for distributing child pornography
by WTVCCHATTANOOGA, Tenn. — James Nickolas Renfro was sentenced to more than 16 years in federal prison for distributing child pornography.
According to a press release from the U.S. Department of Justice, Renfro pleaded guilty to distributing child pornography on June 19th.
Renfro admitted that he posted an online ad offering others to watch a live online session with an 8-year -old child in the bathtub. He admitted that he was looking to trade the live sessions for images of child porn.
Individuals who distribute child pornography further injure innocent victims each time these illegal images are distributed more widely online," said John Condon, special agent in charge of Homeland Security Investigations Nashville. “Child sex abuse is one of the most serious crimes HSI investigates due to the lasting psychological and physical damage it can inflict on victims, and as such it will continue to be one of the agency’s highest priorities.
The press release states that the defendant handed over his electronic devices to officials where they discovered more images of child porno.
United States Attorney J. Douglas Overbey stated that he wanted to show the importance of seeking lengthy sentences for those convicted in exploiting children. He stated:
Defendants such as Mr. Renfro are dangerous predators, and our office will continue in our vigorous efforts to protect our children, the most vulnerable and innocent of our society.
Hoover, Ala, man facing child sex crime charges in 3 jurisdictions asks judge for bond reduction
by Jack HeleanBLOUNT COUNTY, Ala. (WBMA) — A Hoover man facing child sex crimes charges in three jurisdictions is asking a Blount County judge to reduce his bond.
Court records show Amran Almansoob is set for a bond reduction hearing October 23rd in Oneonta.
Almansoob is currently being held without bond in the Blount County jail where he’s charged with Sexual Abuse, Enticing a child for Immoral Purposes, Electronic Solicitation and Traveling to meet a child for Sex.
The 24-year-old man is charged with similar crimes in both the Bessemer Cutoff and in Jefferson County.
He was first arrested by Hoover police September 24th following an investigation that began in early August after authorities received information from the Castle Rock, Colorado police department.
Almansoob was free on more than $1.5 million bond when the additional charges were filed against him in Blount County.
Authorities there are checking to see if there may be additional victims.
Bismarck, N.D. man sentenced to 3 years for
sexual assault of children on Berthold res.
Bismarck TribuneA Bismarck man will spend three years behind bars for the sexual assault of children on the Fort Berthold Indian Reservation.
Owen Cordell Smith, 28, pleaded guilty to one count of abusive sexual contact and had several other charges dismissed, federal court documents show.
He was charged in a December 2018 indictment with three counts of aggravated sexual abuse of a child younger than 12, one count of abusive sexual contact of a child younger than 12, and two counts of abusive sexual contact of children from 12-16 years of age. The alleged acts occurred between May 2010 and May 2013. A plea agreement was reached in June, according to court records.
Smith was sentenced Monday in U.S. District Court in Bismarck. His prison time will be followed by five years of supervised probation. He must also register as a sex offender.
Lawyer for Rev. Bryan Fulwider had relationship with accuser, who wants the attorney off the case
By GRACE TOOHEYORLANDO SENTINEL |
An attorney representing Rev. Bryan Fulwider, a former Winter Park minister facing 30 charges of sexual battery against a minor who attended his church, had a prior “intimate, romantic relationship” with the woman accusing Fulwider in the case, according to a motion filed by the victim’s attorney.
The woman’s lawyer, Lisabeth Fryer, asked that Fulwider’s lawyer Jacob V. Stuart, Jr., be disqualified from the case, calling his role a conflict of interest that goes against the Florida Crime Victims’ Bill of Rights and rules of professional conduct for Florida attorneys.
Fryer filed the motion Tuesday. It has not yet been made public, but the Sentinel obtained the 11-page document Thursday, hours after a hearing at the Orange County Courthouse earlier in the day at which Fulwider pleaded not guilty and his lawyers asked a judge to set bail.
“It is inconceivable that Mr. Stuart cannot appreciate or comprehend how degrading, humiliating and overtly inappropriate to an adult survivor of child sexual abuse his participation is as defense counsel to her abuser,” the motion said. “It also gives the untenable appearance of impropriety.”
Stuart has since filed a petition to strike Fryer’s motion. The Sentinel has not yet been able to review that petition, but Stuart denied any impropriety or wrongdoing in a statement Thursday evening, which said he and the alleged victim “were in a brief and casual relationship” several years after the woman says her abuse by Fulwider occurred.
“More details will be provided at the appropriate time but I want to make clear that there is no conflict of interest in my representation of Reverend Fulwider," Stuart said. "In addition, this issue has been vetted by myself, and several other lawyers, to the Florida Bar and there is no issue at hand. The alleged victim’s lawyer has simply filed a motion in bad-faith that lacks procedural and factual merit.”
The motion said that Stuart and the woman met at Fulwider’s church years after the alleged abuse, and the two adults began dating in 2012 for about two years. Fulwider was aware of their relationship at the time, the motion said, even inserting himself in the relationship “as a continued means of control and domination ... [becoming] angry as the relationship became more serious."
Fryer wrote that she spoke to Stuart after he took on Fulwider’s case last week and was told by Stuart that he didn’t know it was his ex-girlfriend who had made the accusations.
“The defendant created this conflict. Defense counsel has perpetuated it," the motion said. "The victim is now respectfully asking this court to stop it.”
Fryer’s motion also says that Stuart might end up being a witness in the criminal case, as he knew the victim and defendant personally, which would further disqualify from him from the case.
Fulwider, a co-host of popular radio show “Friends Talking Faith” and a former senior minister at the First Congregational Church of Winter Park, remains in the Orange County Jail. Circuit Judge Elaine Barbour did not address the motion to disqualify Stuart during Thursday’s hearing, but said she would at a later date.
The hearing Thursday was to address Fulwider’s bail, for which his attorneys argued Fulwider is not a flight risk and has been an “intricate part of this community for 20 years.”
However, prosecutors asked that Barbour set an “appropriately high bond ... given the fact that he’s admitted to a sexual relationship with the victim, he’s admitted that he was a predator during this time."
Fulwider is currently being held without bail on 30 counts of sexual battery on a minor by a person in custodial authority. If convicted, he could face life in prison.
Assistant State Attorney Dave Cacciatore called the case against Fulwider “extremely strong” after Winter Park Police Department Detective Pam Woehr testified Fulwider admitted the woman was a victim and he was a predator in the “eyes of the law," during a controlled call investigators conducted between Fulwider and the victim.
Woehr said Fulwider was clear in the phone call that the woman was younger than 18 at the time of their sexual relationship.
In that phone call, Fulwider also told the victim that he loved her and that it would be best for him if she denied any such allegations to authorities, according to an affidavit the Sentinel obtained last week. Investigators reported Fulwider raped the girl well over 100 times between 2005 and 2010, beginning when she was 14, after he had started grooming her at 13.
Police have said the girl attended Fulwider’s church, on Interlachen Avenue in Winter Park, during the period of the abuse.
WPPD had sought to keep the affidavit confidential, citing concerns that, if details became public, it could complicate investigators’ efforts to identify any additional victims. The Sentinel is withholding most details from the accuser’s account, both due to those concerns and to protect her identity.
Barbour said she planned to listen to the 53-minute controlled call before determining Fulwider’s bail. She said she would make a written ruling later this week.
Fulwider’s other attorney, Chris Kaigle, called Fulwider’s incriminating statements just "snippets” of an almost hour-long call, and said it’s too early to know the strength of the case. Kaigle said he has yet to listen to the call.
Fulwider testified that he would comply with all conditions of his bail, if granted, including GPS monitor tracking, staying in state of Florida, surrendering his passport and having not contact with the victim.
Fulwider, who sat in a navy blue jumpsuit with his hands cuffed, told the judge that if he is able to make bail he would live alone at his Altamonte Springs home and work to “restore my name.” “Work is, because of this issue, no longer possible,” he said.
He said he does not have any family in central Florida, but said he has many friends and colleagues. “Today marked the first step in court on the path to clearing and restoring Reverend Fulwider’s good name and proving his innocence,” Stuart said in a statement after the hearing.
He also added, in response to the request that he be disqualified, that Fulwider has been his spiritual advisor for almost 20 years and has been involved in many of his family’s weddings and baptisms. “Make no mistake, we are fighting for justice, justice for my client, and justice for our community, knowing we will address these meritless allegations ‘head-on’ in a court of law,” Stuart wrote.
Prior to his arrest, Fulwider was known as one of the “Three Wise Guys," along with Imam Muhammad Musri and Rabbi Steven Engel, who co-hosted “Friends Talking Faith,” broadcast weekly on 90.7 WMFE. The show, which was recorded at WMFE’s studios but produced independently, went on indefinite hiatus after his arrest, its producer and the radio station said Thursday.
Along with his co-hosts, Fulwider was a finalist for the Orlando Sentinel’s 2018 Central Floridian of the Year award. He has also written guest columns for the newspaper.
The Winter Park Police Department asked anyone with information about the case or who may have been victimized by Fulwider to call 407-599-3211.
Lebanon, Oh, man sentenced to life in prison for
sexual assault of 4y/o & 8y/o girls
WARREN COUNTY, Ohio (FOX19) - A Lebanon man was sentenced to life in prison for sexual assault and child porn charges on Thursday.
In August, 35-year-old Jimmy Smith pleaded guilty to one count of rape, two counts of illegal use of a minor in nudity-oriented material, one count of child endangering, one county of pandering sexually oriented matter involving a minor and two counts of gross sexual imposition.
According to Warren County Prosecutor David Fornshell, from January through March 2019, Smith sexually abused a 4-year-old and 8-year-old at his home.
During the abuse, Smith would pose the girls and take pictures of them. On March 11, Smith sent a picture of one of the girls to an undercover detective in Texas, Fornshell said.
“This case is an example of the collaborative effort from law enforcement agencies across the country to investigate child exploitation, and to bring these abusers to justice. We’re grateful that Judge Peeler saw this horrific conduct for what it was, and imposed a very lengthy prison sentence against Smith,” Fornshell said.
Smith was also designated a Tier III sex offender. His first eligibility for parole will be in 25 years.
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