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December 25, 2011

Colorado Supreme Court Cases Enhances Penalty for "Pattern Type" Sexual Assault Cases C.R.S. 18-3-405.3.

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A new Colorado case issued by the Supreme Court of Colorado clarifies the law in Colorado in Sexual Assault on a Child Cases where there are multiple instances of conduct constituting a pattern. The decision allows for consecutive sentences for each act notwithstanding the fact that there has been a single victim.

Colorado's sexual assault statutes authorize the possibility of greater punishments for sexual crimes against children that are committed "as a part of a pattern of sexual abuse."

Two cases, "Colorado v. Simon" and "Colorado v. Tillery" were consolidated for the Supreme Court's review in that they both involve interpretation of Section C.R.S. 18-3-405.3. The common issue presented by these cases was whether the statutory provisions and principles of double jeopardy permit only one class 3 felony conviction and sentence for a single "pattern" of abuse that comprises two or more incidents of sexual assault, or whether each separate act of sexual assault that composes a single "pattern" of abuse which may be elevated to a class 3 felony.

In "Simon," one division of the court of appeals held that section 18-3-405.3(2)(b) and double jeopardy principles prohibit the trial court from entering multiple class 3 convictions and sentences for Simon's ten counts of sexual assault on a child by one in a position of trust, where those acts composed a single pattern of abuse against one victim.

In "Tillery," a different division of the appellate court disagreed with the reasoning in "Simon." Finding no double jeopardy violation, the court upheld Tillery's class 3 convictions under 18-3-405(2)(d).

Upon review, the Supreme Court held that these statutes unambiguously allow each separately charged incident of sexual assault to be elevated to a class 3 felony, where each incident is committed as part of a pattern of sexual abuse. Furthermore, the Court held that these statutes, construed according to their plain language, do not violate the double jeopardy protection against multiple punishments under either the U.S. or the Colorado Constitution

Court Summary of the Case

December 19, 2011

No. 09SC665 - People v. Simon & No. 09SC1043 - Tillery v. People - Criminal Law - Sexual Assault on a Child, and Sexual Assault on a Child by One in a Position of Trust, as a Part of a Pattern

The supreme court holds that sections 18-3-405(2)(d) and 18-3-405.3(2)(b) unambiguously allow each separately charged incident of sexual assault on a child, or sexual assault on a child by one in a position of trust, to be elevated to a class 3 felony, where each incident is committed as part of a pattern of sexual abuse. The supreme court further holds that these statutes, construed according to their plain language, do not violate the double jeopardy protection against multiple punishments under either the U.S. or the Colorado Constitution.

The supreme court therefore reverses the court of appeals' decision in People v. Simon, Case No. 09SC665, reinstates Simon's ten class 3 felony pattern convictions and sentences, and remands to the court of appeals for consideration of the remaining issue raised by Simon on appeal. The supreme court affirms the court of appeals' decision in Tillery v. People, Case No. 09SC1043, and remands with directions to return the case to the trial court for resentencing in accordance with the court of appeals' decision.

Posted by H. Michael Steinberg | | Email This Post

December 12, 2011

Colorado Criminal Sex Crimes Law - 2011 Changes to Sex Offenders Registration Laws - House Bill 11-1278

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A new Colorado Law - helps Sex Offenders Understand the Requirements of Sex Offender Registration.

The 2011 bill makes a number of modifications to the requirements for registering as a sex offender, including the following:

• county sheriffs are required to submit registration information for individuals who are required to register as sex offenders and are held for more than five days or are sentenced to a term of imprisonment in a county jail;

• a defendant who is convicted of an offense in a tribal or territorial jurisdiction that requires registration as a sex offender must register as a sex offender in Colorado;

• the fee that may be charged by law enforcement agencies for registration services is capped at $25 for annual and quarterly registration and may not be charged for updates to registration information;

• if an offender is unable to pay the fee at the time of registration, the fee debt may be sent into collections;

|• an offender who is required to register must do so within five business days of his or her birthday;

• an offender who is required to register and who moves to a new jurisdiction is required to register in the new jurisdiction and cancel registration in the old jurisdiction; and

• the local law enforcement agency in the new jurisdiction is required to notify the local law enforcement agency in the old jurisdiction of the cancellation of the registration.

Juvenile Sex Offender Cases

Under current law an adult offender who successfully completes a deferred sentence or a juvenile who discharges his or her sentence may petition the court to discontinue registration as a sex offender. The bill would require the court to automatically consider whether to discontinue the registration requirement when deciding whether to dismiss the charges in a deferred judgment or when discharging a juvenile's sentence.

For a juvenile on parole, the Division of Youth Corrections (DYC) in the Department of Human Services is required to petition on behalf of the juvenile for a discontinuation of the registration requirement.

Current law requires the use of intensive supervised probation and parole for offenders convicted of failure to register as a sex offender. The bill allows the court and parole board discretion as to the use of intensive supervision programs. The county in which an offender completed his or her last registration is added as a proper venue for prosecuting offenses of failure to register as a sex offender.

The bill creates an affirmative defense for failing to register as a sex offender if uncontrollable circumstances prevented the registration; the circumstances were not caused by the offender; and the offender registered as soon as the circumstances ceased to exist.

The bill also adds second degree kidnapping (when the person kidnapped is the victim of a sexual offense) to the definition of unlawful sexual behavior.

The 2011 Sex Offender Registration bill gives a five day window for registration surrounding an offender's birthday, and law enforcement was given the responsibility for de registration. Efforts will be made in 2012 to correct a drafting oversight that failed to provide the same five day grace period for those required to register quarterly

Posted by H. Michael Steinberg | | Email This Post

November 23, 2011

Colorado DA Nets Another Sexting Suspect for Internet Luring

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ELLICOTT, COLO.is a very small town in Colorado on the Eastern Plains just east of Colorado Springs.

In that small jurisdiction a School District board member has just been arrested for allegedly sexting a 14-year-old boy.

Thirty-seven-year-old Stefanie Dickinson was arrested Sunday for Internet Luring of a Child, a class four felony.

As the Schools Board's treasurer she had access to the alleged victim in the case a 14-year-old boy, who attends Ellicott High School

The young boy allegedly began receiving text messages from Dickinson sometime in August after returning from a trip with her and her family to Lake Meridith in Ordway

The boy's sister found the texts while he was at football practice. It said many of them are "sexual in nature" and reference "oral sex" among other things.

One reads "I will work on not being scared so something can happen," while another says "You can't tell anyone about this at all because I could lose my family."

H. Michael's Take

While there is no Colorado specific crime titled Sexting - the crimes that can be charged in a case like this are very serious. One possibility is the Colorado Sex Offender Crime of Sexual Exploitation of a Child. Another is Internet Luring - a form of solicitation of a minor to engage in sex. Just the attempt is a very serious felony in Colorado.

The increasing attention to Internet and Electronic Based communication in our modern world - has led to the use of these resources to engage in the more recognizable sex offender crimes that have always existed. Law enforcement's resources to track and to fullly investigate and charge these crimes is on the rise in terms of the gathering of intelligence - organization and pooling of Federal and State funds and and the sharing of technology

Posted by H. Michael Steinberg | | Email This Post

November 8, 2011

Department of Education Opens the Flood Gates for Sexual Harassment Claims

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In a move that can only be described as a Herman Cain Blowback, the United States Department of Education's new mandate directs all colleges receiving federal funds to LOWER THE STANDARD OF PROOF for allegations of sexual harasment to a new lower burden of proof. The Department of Education directive mandates that all colleges receiving federal funds change the usual "clear and convincing" standard to "preponderance of evidence."

This difference is a major change. The new lower standard requires only that 50.01 percent of the evidence be in favor of an offense having happened in order to reach a conviction.

In addition the Federal Violence Against Women Act, has a new proposed provision that proposes to turn the Department of Education directive into statutory law.

It really is strange for a bill to delegate to a federal agency the power to lower due process protections and standards of proof. I believe that is unprecedented," says Hans Bader of the Competitive Enterprise Institute.

This change has been described as having the impact of "turning campus disciplinary committees into veritable Kangaroo Courts, thus increasing the number of false allegations by leaps and bounds," warns Philip Cook.

H. Michael's Take

This attack on the civil rights of the accused is unfathomable. These "he said - she said" allegations should be held to the higher standard of evidence. We, as a society, should fight against the casual destruction of a person's life based on the most minimal of claims.

Posted by H. Michael Steinberg | | Email This Post

October 5, 2011

A Recent - 2011 Colorado Case - Points Up the Lack of Analysis in the Sentencing of Colorado's Sex Crimes Cases

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An article - written by Monte Whaley - appearing in the Denver Post in August of 2011 entitled - "Sentencing disparities in child-sex-assault cases point to double standard" confronts the insanity of Colorado's Sex Offender Sentencing Laws

The article began with this statement "Women in Colorado convicted of sexually assaulting a child in their care are far less likely to go to prison than men sentenced for the same crime."

The Post did a comprehensive analysis of publicly available sentencing data provided by the Colorado Judicial Branch.

The data demonstrated that "of the 2,128 men convicted of sexual assault on a child by a person in a position of trust from 2006 through 2010, more than 50 percent were sent to prison."

However, "of the 79 women convicted of the same felony offense, 38 percent went to prison. A little more than 39 percent of female defendants in that same period 31were put on intensive supervised probation. Less than 35 percent of men were given the same sentence."

Analysis Focused on male and female teachers, coaches, babysitters and others who are considered to be in a sexual assault on a child and who are in a "position of trust."

With women, the victim is often a young or teen male in her charge, and too often the abuse is seen as less traumatic and almost a badge of honor for the boy, said forensic psychologist Katherine Ramsland.

Several studies uncovered by the Post demonstrate that males molested by female caregivers run a huge risk of becoming sex offenders in adulthood... and that women who molest boys are most likely victims of abuse themselves.

Woman-on- boy crimes are not reported at all, due in part to the media.

Prosecutors say they focus on recividism rates:

All things being equal including prior history - prosecutors focus on the likelihood of recidivism.

The Post story referenced a 2005 study shows that females convicted of a sexual offense repeat the same offense only about 1 percent of the time. The recidivism rate for male sex offenders is 13.4 percent.

Larimer County DA Larry Abrahamson points to the criteria that DA's view as important.

"You look at the charges, you look at the level of threat that individual is causing the community and if that person is subjecting the victim to pretty significant trauma. You have to look at all of those factors," Abrahamson said.

The Colorado SOMB ( Sex Offender Management Board ) psycho-sexual evaluation is critical here.

In Colorado - in negotiating this deadly road - the Colorado criminal defense attorney - attempting to defend a clear case of sexual assault on a child - will refer their clients to a State Certified Colorado Sex Offender (SOMB Approved) evaluator. The purpose of this intense and difficult evaluation is to help determine the true "risk" a sex offender presents to the community. The report - generated by this evaluation - have a great bearing on the negotiating process.

"Those responses can determine what kind of punishment level you are seeking," Abrahamson said.

H. Michael's Take

All Colorado criminal defense lawyers who defend these cases are locked into the draconian Colorado sex offender laws passed in the late 1990's.

These laws, opposed by many - if not most - of Colorado District Court judges - take away the right of a judge to utiliize his/her experience and given authority to determine a sentence commensurate with the nature of the crime. These laws lock judges into a "one size fits all" method of pursuing and convicting sex offenders, both men and women.

Posted by H. Michael Steinberg | | Email This Post

August 13, 2011

Colorado State Jefferson County District Attorney Scott Storey Takes A Reasoned Approach to the Crime of Sexting

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In a recent press release on the 1st Judicial District Website in Colorado - Scott Storey - the elected DA - approaches the increasing problem of Sexting with a reasoned eye - recognizing that which most experts in the field understand - it is a matter of "growing up" and "coming of age" .. that leads to an understanding of the proper boundaries between the genders. It is not a sex offender crime in most cases.

In the following reprinted web page - DA Storey explains his reasoning.

He is to be commended for his common sense and not knee jerk response - as is often the case in this area.

Sexting Balancing the Law, Teens and Technology

The District Attorney's Office has developed a new approach to "Sexting." This precarious pastime, a growing phenomenon with young people, is sending sexually explicit photos and video of themselves over the Internet. The combination of teenagers' age-old sexual curiosity, bad judgment and their love of modern electronic data sharing can have devastating consequences.

In March 2009, a Cincinnati teen committed suicide after sexually explicit photos she sent to her boyfriend were emailed to others after they broke up. The teen was humiliated and harassed at school. She was miserable and became afraid to even go to school. In desperation, she took her own life.

"It is critical for parents to know what "Sexting" is and just how pervasive it is," says District Attorney Scott Storey. "We all have to work together as a community to stop this dangerous behavior."

One in five teens admits to taking nude or semi-nude photos of themselves and sending them to someone or posting them online. None of these teens ever consider the possible repercussions. Those photos are not retrievable from cyberspace. They never think that the trusted friend or boyfriend to whom the explicit photos were sent or their "friends" on their social networking site would ever pass them on.

Teens also never consider the fact that Sexting is illegal if the photographed person is under 18 years of age. It is illegal to possess the naked pictures, and an even more serious offense, to send them or post them online.

The District Attorney's Office has tools and tips for parents on their website hoping to prevent Sexting.

The DA in Jefferson and Gilpin Counties has developed a protocol to use in some of these cases as they are presented by law enforcement. "Often the conduct is more of a boundary problem than a sex offense, but we have to be the ones to make that determination," says Storey.

"We developed a special curriculum to address teenage boundary issues without charging the teen with a sex offense. But make no mistake, having naked pictures of any teen under 18 on your cell phone or MySpace page is a crime which can result in serious consequences including sex offender registration."

We strongly encourage parents to interact with their kids and their online activities. Supervising your kids in cyberspace is not snooping or invading their privacy, its just good parenting.

Posted by H. Michael Steinberg | | Email This Post

August 13, 2011

Colorado Juvenile Sex Crimes - The Newest Wrinkle in the Area of "Sexting" - "Sextortion"

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Colorado Juvenile Sex Crimes - The Newest Wrinkle in the Area of "Sexting" - "Sextortion"

Colorado District Attorney for the 18th Judicial District (Jefferson County) addresses the new crime of Sextortion.

Sextortion is an Enhancement of a raging phenomenon in Colorado known as Sexting - Sexting is sending sexually explicit photos and video of themselves over the Internet.

Here is the Jefferson County ( Scott Storey's) District Attorney's read on Sextortion

"The latest in Internet and Cell Phone danger for teens.

Many teenagers take sexually explicit or even nude pictures of themselves and send them to others either online or through text messaging. This is called "Sexting". Sexting occurs more frequently than parents can imagine. These photos become "Sextortion" when they are used as a tool of exploitation or extortion.

Recently, a Colorado teenage girl made the mistake of sending her naked picture to a 20-year-old man in California. This teenage girl thought this young man liked her and she had feelings for him. She accepted him as a friend on Facebook site. After receiving the teenage girl's naked picture, the man threatened her, telling her that if she didn't send him $1,500 dollars or send him more naked pictures of herself, he would send her naked picture to all her friends on Facebook.

The teenage girl was faced with the possibility of her naked picture being distributed to all her friends and felt pressured to comply. The teenager finally told her mother, who then alerted law enforcement. This 20-year-old man was identified and prosecuted. He was sentenced to prison.

These "Sextortion" cases are very concerning to law enforcement as frightened victims might give in to demands such as posing for explicit photos, having sex with the perpetrator or sending them money."

H. Michael's Take

These cases will be prosecuted by the DA's in Colorado because of the immense impact on a teenager's life if these photographs are used to stalk and or extort teenagers. - The rub - let your kids know these kind of crimes - Sexting or - especially Sextortion - will be prosecuted.

Posted by H. Michael Steinberg | | Email This Post

July 31, 2011

The Harsh Reality of Colorado's Sex Offender Laws Hit Hard - A Colorado High School Wrestling Coach Receives Life In Prison

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On Monday, July 25, 2011 A Broomfield County Colorado Wrestling Coach was Sentenced to life in prison after a jury trial which ended in convictions of for Sexual Assault On A Child by a Person in a Position in Trust and Sexual Assault on a child - Pattern of Abuse (more than two incidents).

The verdict related to his sexual assault of a 15-year-old high school girl who was manager of his wresting team. Prosecutors presented evidence at trial that Masse had sex with the girl on several occasions and sent as many as 8,900 text messages to the girl - many of them sexually explicit - between December 2008 and February 2009.

Judge Thomas Ensor, the presiding judge over the May 2011 trial - was compelled by Colorado's mandatory life in prison laws - to sentence Masse to 10 years to life with 20 years' mandatory parole for the first charge, and six years with 20 years' parole for a second offense

At the sentencing hearing Judge Ensor said " This is like a Greek tragedy," "You had everything going for you. But you have a fatal flaw. You found the weakest in the herd, separated her out, groomed her, made her comfortable and then ... you were able to complete what you wanted to do."

Travis Masse, the convicted coach, was a well-respected, award-winning high school wrestling coach who led his young athletes to the Class 4A state wrestling championship in 2008-09. The flaw Judge Ensor spoke of was Masse's predilection for exploiting young women.

Travis Masse, after the verdict did THEN take a plea bargain in a second case - to unlawful sexual contact coercing a child involving Masse's texts and request for nude photos from another female high school student. He was sentenced to two years with six years of parole for that offense, to be served concurrent with the other sentences.

H. Michael's Take:

It is impossible to know whether a plea bargain that could have avoided the life sentences imposed on this man prior to his decision to take the case to trial. It is also impossible to know why he believed the jury would possibly believe the young victim was not telling the truth to the jury at the trial. This case may serve as a warning to all who face these charges and who throw caution to the wind and take these charges to trial.

This author will - over the next several weeks - try to learn more of the "back story" of this case as to what - if any - plea bargain may have been offered by the Broomfield County District Attorney's office. If none was offered - it may be more clear why the case was tried to a jury.

Posted by H. Michael Steinberg | | Email This Post

February 9, 2011

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

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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.

Posted by H. Michael Steinberg | | Email This Post

January 14, 2011

Lack of Consent to Teenage Sexual Contact No Defense for NFL Football Player

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Sex offender registry awaits NFL's Lawrence Taylor

N.Y. (AP) -- Former NFL star Lawrence Taylor admitted in court to paying a 16-year-old runaway for sex as he pleaded guilty to sexual misconduct and patronizing a prostitute.

The 51-year-old ex-linebacker, who led the New York Giants to Super Bowl titles in 1987 and 1991, will serve six years' probation and must register as a sex offender.

"She told me she was 19," Taylor, standing with his hands clasped behind him, said Thursday in court as he admitted having intercourse with the prostitute, who turned out to be a Bronx runaway. Taylor said he now knows the girl was 16 and legally incapable of consent.He said he paid her $300.

Harry Carson, a former teammate and fellow Hall of Famer, was in the courtroom and gave Taylor a supportive handshake when he arrived.

Prosecutor Patricia Gunning said the plea deal was acceptable in part because Taylor had assisted in investigations into human trafficking since he was charged. Another prosecutor, Arthur Ferraro, said outside court that Taylor "was of assistance in the field of human trafficking in several jurisdictions and with federal authorities."

Defense attorney Arthur Aidala said that "obviously" included a federal case against the man charged with being the 16-year-old's pimp.

Aidala said Taylor decided the plea bargain was in everyone's best interest.

"He could have taken a much more aggressive road, but he decided it was in the best interest of he and his family and the young woman to put this behind him," Aidala said. "Mr. Taylor's not proud of what happened. ... He patronized a prostitute and that prostitute happened to be under the age of 17."

Taylor had resisted a plea deal for months after pleading not guilty to third-degree rape, patronizing a prostitute, sexual abuse and endangering a child.

Prosecutors said in December that Taylor had been offered a six-month jail term and 10 years' probation in exchange for pleading guilty to a felony. Aidala had called that offer unacceptable but said he would listen to any other offers.

Two members of the Giants' 1991 Super Bowl team are behind bars. Mark Ingram Sr., a star receiver, is spending nearly 10 years in federal prison for money laundering, bank fraud and bail jumping. And the electrifying kick returner Dave Meggett was sentenced last year to 30 years for criminal sexual conduct and burglary.

Taylor's trial would likely have started within a few weeks.

He was arrested May 6 after the underage girl's uncle contacted New York City police. Officers from Ramapo woke him at a Holiday Inn in Montebello.

Police said he was cooperative and no drugs were found in the room, although a bottle of alcohol was. Taylor has a history of drug offenses but has been to rehab and his lawyer says he has been sober for years.

"The whole L.T. persona, to me that's an act," Carson said before court. "I'm here for Lawrence Taylor. I'm not here for L.T. ... Once he went through some of the stuff he went through, he realized that was a hindrance to himself and his family."

In court, Carson, sitting in the front row of the gallery, reached over a low wall into the defendant's area and straightened Taylor's overcoat collar.

In a related case, federal prosecutors in Manhattan filed a complaint last year against a man who is accused of acting as the girl's pimp. Court papers in that case say Taylor admitted to sex acts with the girl but said he was told the girl was 19.

Ramapo police Chief Peter Brower said after Taylor's arrest that ignorance of a minor's age is not a defense to third-degree rape.Aidala had claimed that Taylor's arrest was illegal because police did not have a warrant when they burst into his suburban hotel room in May. Prosecutors said no warrant was required and state Supreme Court Justice William Kelly rejected the claim. But he granted a pretrial hearing on whether statements Taylor made upon his arrest were admissible. Aidala said in December he was relishing the chance to cross-examine the arresting police officers.

Taylor was inducted into the Pro Football Hall of Fame in 1999. A fierce, athletic linebacker, he redefined his position and was selected to the NFL's 75th Anniversary All-Time Team.

In 2009, he competed in ABC's "Dancing With the Stars." He had also been a spokesman for the NutriSystem weight-loss company, but he was dropped after his arrest.

Sentencing is March 22. That same day, state Supreme Court Justice William Kelly will determine what level of sex offender status Taylor will have. Aidala said he will suggest Level 1, which he said would mean checking in once a year with local police.

Aidala said he would seek to have Taylor's probation transferred to Florida, where the former player now lives.

H. Michaels Take

Here is a prime example of the unfairness of ancient statutory rape laws that have destructive consequences today. A young woman today can lie about her age, forge her driver's license, dress and act as if she is much older - have consesual sexual relations with an adult male and the law will NOT take into account ANY of those factors in proving the crime of Statutory Rape.

By law -- a child cannot consent under any circumstances. Therefore judges and juries are prevented - by operation of these laws - from exercising their discretion to take into account the surrounding circumstances of the contact.

England‟s first statutory rape offense, enacted in 1275, protected only females aged eleven and under. Some three hundred years later, during the reign of Elizabeth I, the protected class was reduced to females nine and under. The American colonies largely imported the English statutory scheme.6 "The idea behind such laws at the time was less about . . . [protecting the female from sexual exploitation,] and more about protecting white females and their premarital chastity--a commodity--as property."

As United States Chief Justice William Brennan explained, "[b]ecause their chastity was considered particularly precious, those young women were felt to be uniquely in need of the State‟s protection." From this "exaltation of female chastity," a statutory rape victim being unchaste, promiscuous, or not a virgin evolved into a defense that was soon "codified in every state,

It is time to modify and bring up to date these anacronistic laws...HMS

Posted by H. Michael Steinberg | | Email This Post

August 8, 2010

Federal Criminal Law - The Long Arm of Federal Criminal Sex Offenses

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Oklahoma

A Deltona woman plead guilty Wednesday to federal charges in a case that gained national attention. She allegedly traveled to Oklahoma to have sex with a 14-year-old boy she met online.

Annamay Alexander, 44, entered her guilty plea in the Oklahoma City Federal Court House. Alexander spared herself a trial by admitting during the hearing that she drove to the Oklahoma City area January 9th to have sex with the boy. According to her arrest report she met the boy through an online Sony PlayStation 3 virtual-reality game.

Alexander was arrested in Texas in April, several weeks after authorities issued a warrant for her arrest. She has three children of her own close in age to the boy she was accused of having sex with.

The case started after Alexander drove from Florida to Oklahoma to meet the boy. The boy ran off with Annamay and his mother found him missing during the night. She confronted the pair when they returned to the boys home the next morning. Alexander reportedly told the boys mother she had traveled from Florida to meet the boy who had married her 9-year-old daughter.

During their investigation police found Alexander had sent sexually suggestive texts to the boy along with engaging in sexting with the boy by sending nude photo's of herself to him. Authorities also found a picture of Alexander stored in the boy's PlayStation console of her in her underwear.

In many of the text messages she sent to him Annamay used the boys last name when addressing herself and told him several times she was his wife.

Annamay Alexander faces up to 30 years in Federal prison when she is sentenced.

H. Michael's Take:

This case points up the extreme reach of federal sex offender criminal offender laws. These laws allow the federal government - acting through the US Department of Justice -- to charge individuals who comitt crimes between states...

Federal Sex Crimes include:

Federal sexual offense include:

Selling or buying of children (Section 2251A(a)(b))

Certain activities relating to material involving the sexual exploitation of minors, including both distribution and receipt of visual depictions in books, magazines, periodicals, films, and videotapes (Section 2252)

Certain activities relating to material constituting or containing child pornography (Section 2252A)

Production of sexually explicit depictions of a minor for importation into the United States (Section 2260)

Transporting an individual in interstate or foreign commerce with the intent that the individual engage in prostitution or other illegal sexual activity (Section 2421)

Transportation of minors in interstate or foreign commerce, with intent to engage in criminal sexual activity (Section 2423(a))

Interstate or foreign travel with intent to engage in a sexual act with a juvenile (Section 2423(b))

Use of interstate facilities to transmit information about an individual under the age of 16, with "the intent to entice, encourage, offer, or solicit that minor to engage in any sexual activity that can be charged as a criminal offense." (Section 2425)


Posted by H. Michael Steinberg | | Email This Post

July 31, 2010

Colorado Official Waives Extradition in Internet Sexual Exploitation Case

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July 22--TROY New York-- A state emergency management official wanted in Colorado on Internet sex charges agreed Wednesday to return to that state to face the charges.

Timothy Riecker, 32, of Schodack, accused of using the Internet to develop a relationship with someone he thought was an underage girl, was sought by officials for more than a week when he was arrested Friday. He later checked into Albany Medical Center Hospital for psychiatric evaluation and was arrested Monday upon his release.

"You say you intend to waive extradition?" Rensselaer County Judge Andrew Ceresia asked Riecker on Wednesday morning.

"Yes sir," the man said, flanked by his local attorney, David Brickman.

Riecker then signed extradition paperwork and was sent back to the Rensselaer County Jail to await arrival of authorities from Golden, Colo., who will take him back to that state for arraignment.

Riecker, chief of training and exercises at the New York Office of Emergency Management, has been suspended without pay from his $74,000-a-year position, said SEMO spokesman Dennis Michalski.

Last week, State Police issued a statement saying authorities were looking for Riecker, who was reported to be despondent and threatening to harm himself.

Officials in Jefferson County, Colo., had issued a warrant more than a week ago for his arrest on charges of Internet sexual exploitation of a child.

Riecker allegedly developed a six-month relationship on the Internet with undercover investigator who posed as an underage girl, said Pam Russell, spokeswoman for District Attorney Scott Storey in Golden.

Colorado officials said Riecker repeatedly asked for nude photos and once exposed himself and performed a sex act before a Web camera.

When Riecker was contacted by the Jefferson County DA's office about the allegations, he said "it was a bad decision" and "I can promise you it won't happen again," Russell said.

Riecker faces one count each of Internet sexual exploitation of a child and attempted sexual exploitation of a child, Russell said.

Colorado authorities were uncertain when they will travel here to pick up Riecker.

H. Michael's Take

These internet "sting" cases are the result of police officers, men and women, trolling the chat rooms for individuals seeking to meet others. These officers often enter adult chat rooms, hook their prey and reel them in ... The entrapment defense can be raised in these cases (see my page on entrapment law) however these cases -- by their very nature-- are set up to prove in court.

The recent rash of Internet stings in Colorado, conducted by various police departments, introduces a trap - otherwise known as a young girl looking for company - in a chatroom, and lures the unsuspecting young males into a personal meeting with the provocative assumedly 14-year old girl after several hours over many days of chatting online.

The undercover agent is most often a seasoned male or female police officer. The tone of the conversation is nothing short of "enticing erotica."

In my 26 years as a Colorado Criminal Law attorney, I've never seen methods quite like this used before. All potential defenses to the charges, including entrapment and outrageous government conduct.

Who Gets Stung?

Studies show that the majority of arrests resulting from Internet stings fashioned in a manner similar to those being conducted in Colorado are of white thirty-something year old home-owning males with incomes of at least $73,000 per year.

Interestingly enough that is the exact same profile of the most frequent user of the Internet and the source of the majority of Internet commerce.

If you have been arrested for an Internet sex crime or you believe you may be under investigation by the police for an Internet sex crime, get immediate legal help. Contact us your freedom may be at stake.

The penalties for any sex crime are severe, especially if you must register as a sex offender for the rest of your life. But the personal costs of an Internet sex crimes charge can be just as serious as the criminal costs. It is embarrassing and harmful to family and marriage. If your job requires professional licensure, a security clearance, or involves children, you may lose your job. You may not be allowed to live within a certain distance of a daycare, playground, or school. Even high school kids can be convicted of Internet sex crimes and placed on the sex offender registry.

At The Steinberg Colorado Criminal Defense Lw Firm we understand how difficult and stressful this is. We tackle your case aggressively but with discretion and sensitivity. Our goal is to minimize the negative consequences of the Internet sex crime charge or conviction and to get the best possible outcome, given the facts of your case.


Continue reading "Colorado Official Waives Extradition in Internet Sexual Exploitation Case" »

Posted by H. Michael Steinberg | | Email This Post

April 16, 2010

Denver Colorado - Local Priest Under Investigation for Sexual Assault on a Child

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A popular, long-time priest has been removed from his duties because of an allegation dating back to the 1970's.

Father Mel Thompson of St. Thomas More Parish in Centennial was released from his priestly duties after the Archdiocese of Denver received a tip from an adult male last Wednesday. The man said Thompson sexually assaulted him in the early 1970's.

Thompson's dismissal has raised questions about civil and criminal law. It is clear that the statute of limitations has run its course in this case and law enforcement will not be able to prosecute the case.

Some have argued that the laws need to be changed. They argue that there is no statute of limitations for murder, for treason, for forgery. They argue that the "no limit" provision that now applies to Sexual Assaults on Children that have been committed today should be made retroactive. In Father Mel's case if the crime were to occur today, the statute of limitations would not bar his prosecution.

But the change in the statute of limitations for Colorado Sexual Assault on Children cases was not made retroactive and therefore would not apply to acts that may or may not have occurred in the early 1970's when this assault allegedly happened.

If you have been charged with a case of Sexual Assault it is important that you have an experienced criminal defense lawyer on your side. Filing appropriate motions to dismiss and exclude evidence can often be the difference between walking away from the charges and being convicted of a felony or a misdemeanor.

Additional Reading:

Archbishop Chaput removes Centennial priest accused of abuse, The Colorado Independent, April 12, 2010.

Posted by H. Michael Steinberg | | Email This Post

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