mt:Include module="Global Settings" /> February 2011 Archives: Colorado Criminal Lawyer Blog

February 2011 Archives

February 9, 2011

Arrest in Parker Colorado Evidence of Crackdown on Interstate Federal Sex Offense Prosecution


While it has been rare in the past for the Federal Government to focus on State Sex Offender Cases, a recent decision of federal prosecutors of ICE (U.S. Immigration and Customs Enforcement) may illustrate a change in position.

Special ICE Agents arrested Gary Lee Waffle - 68 - for traveling from Washington State to Colorado "to engage in sex" with a child.

This was a Douglas County Colorado Internet "sting" operation in which a Parker Colorado.

Federal Crimes for Sexual Assault

Waffle was charged by Criminal Complaint with (1) Traveling With Intent to Engage in Illicit Sexual Conduct; (2) Aggravated Sexual Abuse with Children; and (3) Attempted Coercion and Enticement, following his arrest in Parker.

These crimes can result in than 30 years in federal prison, and up to a $250,000 fine, or both in connection with each of the first two charges, and not more than life imprisonment and a $250,000 fine, or both, on the third charge.

The Parker Police Department is a member of the national ICAC (Internet Crimes Against
Children) Task Force, which currently is funded by a grant from the Office of Juvenile Justice and Delinquency Prevention.

The case investigation is part of Operation Predator, which is a nationwide ICE program intended to protect children from sexual predators, including those who travel overseas for sex with minors, Internet child pornographers, criminal alien sex offenders, and child sex traffickers.

Operation Predator was launched in July 2003, and since then ICE agents have arrested more than 12,800 individuals.

February 6, 2011

False Allegations in California Case Illustrate Danger of Untested Domestic Violence "Allegations"

On the heels of a young man's challenge to the custody of his child, a young woman in California complained - and the District Attorney's office charged - a felony domestic violence assault for allegedly smashing the victims head into a wall several times and threatening to kill she and her child.

As often happens in these cases, neither the prosecutor nor the police truly 'tested" or "grilled" the victim about her story before taking the case to trial. On the witness stand, the "victim" changed her story several times. The District Attorney, embarrassed at the false charges and the woman's complete lack of credibility, dismissed the charges two weeks into the trial.

It was too late, the accused, a 24 year old kitchen manager - already had lost everything -his job and his reputation. He demanded a trial - even though he was facing 5 years in prison - yes he was vindicated by a jury that actually clapped when the case was dismissed by the DA.

It is unknown in this recent case - February 2011 - whether the young lady was charged with making false charges. She should face the kind of fear and anxiety the Defendant felt.

H. Michael's Take:

The kind of travesty of justice that this case represents barely touches the surface of the problem of the overreaction of law enforcement to uncorroborated allegations of sex assault or domestic violence by an individual without "testing" the truth of the story - well before the case goes to trial.

http://www.colorado-domestic-violence-lawyer.com/Domestic_Violence_and_False_Allegations_of_Child_Abuse.html