Sex Crimes

September 11, 2014

Retired Flint Police Sgt. Faces Numerous Sexual Assault Charges

On Friday, September 5, retired Flint Police Sgt. Lawrence Woods was arraigned on 16 counts of first-degree criminal sexual conduct. Since that time, two more individuals have come forward with similar allegations, according to a news article at Mlive.com. As of yesterday, Flint Police were interviewing the alleged victims, according to Sgt. Karl Petrich.

The 16 counts Woods was arraigned on last week pertain to two alleged victims who were minors at the time they were assaulted during a time period beginning in 1996 and ending in 1999. Woods’ attorney, Frank Manley, said that in cases that are old such as this one and also high profile, there are questions to be answered. Considering the allegations are concerning something that allegedly happened beginning 18 years ago, it becomes suspect.

Petrich said that investigators found substantial evidence in a raid of the homes Woods had stayed at or lived in, including hundreds of photographs depicting child pornography which were not downloaded from the Internet. Petrich maintains that the photographs of victims were taken at a local hotel room and Woods’ apartment. He also said that it was believed Woods sexually assaulted the victims while he was on duty, using his position of authority over the children.

To date, four alleged victims have come forward, but Petrich believes there may be many more. First-degree criminal sexual conduct involving children results in a sentence of 25 years to life in prison for those convicted.

As all Michigan sex crime attorneys are aware, old cases such as this one truly are suspect. Why do victims wait for nearly 20 years to come forward? After this many years, gathering concrete evidence is nearly impossible. In some situations, people may fabricate stories in an effort to get publicity, or even money from the alleged offender. We will see how this plays out in the coming weeks and months.

September 4, 2014

Fairfield Student Allegedly Sexually Assaulted After Home is Broken Into

by Scott Grabel

On Monday, September 1, a female student at Sacred Heart University in Fairfield was allegedly sexually assaulted after a man broke into her home on Berkeley Road, according to news reports at the Connecticut Post.

The woman, who lives with several roommates who were not home at the time of the incident, described the man who she says attacked her as short and stocky, 5 feet 6 inches tall or shorter, with dark, spiked hair. She said that he had a Spanish accent, and she believed him to be in his 20’s. The victim required treatment at an area hospital for physical injuries she suffered during the sexual assault.

The alleged victim told police that she did not see or hear a vehicle leave her home when her attacker fled. Law enforcement is requesting the public’s help in identifying the suspect, and have released a sketch artist’s rendition of what he may look like.

August 27, 2014

Ohio Hiker Sexually Assaulted at Highbanks Metro Park in Lewis Center

by Scott Grabel

Approximately three weeks ago, an 18-year-old male hiker was walking at the Highbanks Metro Park in Lewis Center, OH when he was sexually assaulted by an unknown male. The victim claimed that as he was walking, the suspect attempted to encourage him to walk off the trail north of an overlook deck area that was approximately 75 feet away. When the victim became fearful, he began moving away from the suspect, who then pushed him to the ground and assaulted him, according to NBC4.

Kevin Savage, Captain at the Delaware County Sheriff’s Office, told reporters that the park was fairly crowded at the time the assault occurred, which was around 4:30 in the afternoon.

The victim told authorities that the suspect is of Indian descent, had a slight accent, and was wearing black running shorts and a white t-shirt with black vertical stripes. He also described the man as having salt-and-pepper hair, a goatee, and nearly six feet tall, thought to be middle-aged. A composite sketch of the suspect was released shortly after the attack for help with possible identification by the public.

Today, many public parks meant for enjoyment are becoming dangerous. Parks with wooded areas give predators opportunities to sexually assault hikers, runners, and those who are simply enjoying nature. However, there are also occasions on which alleged victims wrongly accuse others of sexual assault. Determining whether someone is innocent or guilty of a sex crime can be a very difficult and involved process.

August 20, 2014

Kalkaska Man Imprisoned for Rape and Murder to Get New Trial Following DNA Tests

by Scott Grabel

A man who has been in prison for about 16 years for allegedly raping and murdering a Kalkaska woman in 1996 will now get a new trial thanks to recent testing of DNA evidence, according to a news article at Mlive.com. Jamie Peterson was sentenced to life in prison for the 1996 crimes against Geraldine Montgomery, who was 68 years old at the time she was found dead in the trunk of her car after being raped.

At the time the crimes took place, DNA technology was in is infancy. The source of saliva and semen found on Montgomery’s shirt could not be identified, although prosecutors argued that it likely belonged to the defendant, Jamie Peterson.

Last year, the Northwestern University School of Law in Chicago and Michigan Law School innocent projects concluded that Peterson had been wrongly convicted of the crime after sending hundreds of hours researching the case. DNA testing that was performed recently indicated that the saliva and semen did not belong to Peterson, but instead to James Anthony Ryan, a 35-year-old Davison man. The victim was raped before being left in the trunk of her car with the engine running.

The Innocence Clinic maintains that the DNA testing performed on the rape kit excludes Peterson as the donor. Ryan is awaiting trial on the charges, while Peterson will get a new trial as according to the judge, the DNA test results qualify as newly discovered evidence. Although Peterson made a false confession at the time of the rape and murder, his attorney maintains his client is innocent, and was never inside the victim’s home.

Michigan sex crime attorneys know all too well that suspects often confess when under duress and pressured relentlessly by police. While the most horrendous aspect of this case is the fact that the victim lost her life, being falsely accused of rape happens all too often. A man has spent many years of his life in prison for a crime he very likely did not commit, according to new DNA evidence.

August 13, 2014

23-year-old Saginaw Man Faces Rape, Robbery Charges in Connection with Incident Involving 19-year-old Woman

by Scott Grabel

On July 29, 23-year-old Willus L. Williamson allegedly raped and robbed a woman near his East Side Saginaw home, according to news reports at Mlive.com. In all, Williamson has been charged with seven felonies including three counts of first-degree criminal sexual conduct causing personal injury, and one count each of unarmed robbery, unlawful imprisonment, assault by strangulation, and second-degree CSC causing personal injury.

News reports indicate the crimes occurred about a block away from Williamson’s home, and that he took the victim’s clothing, cigarettes, lighter, and driver’s license. A statute which was made effective in April 2013 defines assault by strangulation as, “intentionally impeding normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person.”

If found guilty of first-degree criminal sexual conduct, Williamson may face a maximum term of life in prison, as first-degree CSC involves penetration. The defendant may also face up to 15 years on the imprisonment and second-degree robbery charges. Williamson pleaded not guilty and is currently held on a $700,000 bond. His preliminary hearing is scheduled for August 15.

While all of the charges leveled against Williamson are serious, first-degree CSC is the most serious of all, as it could leave him facing the rest of his life behind bars if found guilty. It is too soon to tell at this point, but Williamson’s defense attorney may choose to discuss the possibility with his client of working a plea deal with prosecutors, particularly if the evidence against Williamson is solid. In most cases, pleading down to a lesser offense will result in less serious criminal penalties. However, if Mr. Williamson is indeed innocent, the case will likely go to trial.

August 12, 2014

Bay City Man Allegedly Has Sex with Young Girl, Facing Five Felony Charges

by Scott Grabel

On Wednesday August 6, 45-year-old Bruce Scherzer of Bay city was arraigned on five felony charges in connection with the alleged sexual assault of a girl who is younger than 13, according to news reports at Mlive.com.

The girl reported the two incidents, which allegedly took place in July, to staff at the Nathan Weidner Children’s Advocacy Center. She claimed that Scherzer had touched her private area, and had her touch his private area at a Bangor Township residence, and claimed that he had sex with her on two different occasions.

Scherzer is charged with two counts of first-degree criminal sexual conduct with a person younger than 13, an offense that if convicted could leave him facing up to life in prison. The mandatory minimum sentence for a conviction of first-degree CSC with someone younger than 13 is 25 years. Scherzer is also charged with three counts of second-degree CSC with a person younger than 13, a 15-year felony.

Scherzer, a married father of four children, requested that Bay County District Judge Mark E. Janer appoint him an attorney, as he could not afford to hire a lawyer himself. His bond was set at $200,000 as requested by the prosecutor, who said Scherzer had been convicted on a conspiracy to commit armed robbery charge back in the mid-90’s.

Protecting a defendant’s freedom and reputation can be extremely tough in sexual assault cases, particularly when children are involved. As all Michigan sex crime attorneys are aware, too many innocent people are found guilty of crimes of this nature. Children are easily influenced by adults, who may coerce them into making up stories or saying things that are not factual. While children are sexually abused in our country every day, there are unfortunately many cases in which innocent individuals sit behind bars today.

July 29, 2014

Muskegon Man Facing Rape Charges in Two Separate Incidents Involving 14-year-old Victims

by Scott Grabel

Last week, 23-year-old Edward Charles Eubanks was arraigned on charges in connection with two separate incidents in which he allegedly raped 14-year-old girls in his car. According to a news article at Mlive.com, Eubanks, a Muskegon resident, was charged with one count of first-degree criminal sexual conduct involving sexual penetration through force or coercion, causing physical injury, and one count of third-degree CSC with a victim between 13 and 16 years old.

Eubanks has been convicted on drug charges in the past, and was charged as a fourth-time habitual offender in the rape cases. According to Timothy Maat, Chief Assistant Muskegon County Prosecutor, both of the 14-year-old girls knew Eubanks, who raped each girl after offering her a ride in his car. One of the rapes is alleged to have occurred on June 1, and the other on July 21. A preliminary hearing is scheduled for August 5; Eubanks remains in Muskegon County Jail.

First-degree criminal sexual conduct involves penetration, and is the most serious sex offense an individual may be accused of. If convicted, the defendant may face up to life in prison. Registration as a sex offender is mandatory for those found guilty of first-degree CSC.

Third-degree criminal sexual conduct also involves penetration, and is a charge given when other conditions are met, such as force or coercion, the defendant knows that the victim is incapacitated either physically or mentally, and other conditions. The criminal penalties for a conviction of third-degree CSC include up to 15 years in prison and sex offender registration, among other penalties.

Michigan sex crime defense attorneys are certainly aware that rape, child molestation, and other similar crimes do happen all too often, however there are also many occasions on which an individual who is innocent is accused of rape or sexual assault. This can result in an innocent person spending a substantial number of years or even life behind bars. Even worse in some cases is the fact that the individual will be labeled as a sex offender, and shunned by society.

July 24, 2014

Bay City Man Charged with Sexual Assault of Young Girl Over Four Year Time Span

by Scott Grabel

On Tuesday, July 22, 49-year-old Joseph A. Howell of Saginaw was arraigned on charges of sexually assaulting a young girl beginning in January of 2008, and continuing through December of 2011. According to a news article at Mlive.com, Howell was charged with two counts of first-degree criminal sexual conduct with a victim younger than 13, and two counts of second-degree CSC with a victim younger than 13.

Court records revealed that the alleged victim notified staff at the Nathan Weidner Children’s Advocacy Center about the molestations by Howell. The young girl told staff that Howell had digitally penetrated her on numerous occasions at a Bay City residence.

Howell is attempting to get disability payments due to health concerns, and is not employed. He was arraigned via closed-circuit television in front of Bay County Chief District Judge Timothy J. Kelly from his jail cell. Howell’s preliminary exam is scheduled for August 5. His bond was set at $250,000 cash-surety.

Second-degree CSC is a 15 year offense, while first-degree criminal sexual conduct can result in a life prison term for those convicted. If found guilty, Howell could spend the remainder of his life behind bars.

Michigan sex crime attorneys know there are legal options for those accused of sexual assault, child molestation, and other related crimes. Depending on the situation and whether the alleged offender is guilty or innocent, an experienced lawyer may advise the client that working a plea agreement with prosecutors may be advantageous. In a situation where the evidence against the defendant is substantial or overwhelming, it may be best to plead guilty to a lesser charge, which typically results in a reduced sentence.

July 22, 2014

Father & Son Charged with Sexual Assault of Young Female Relative

by Scott Grabel

Recently, a father and son from Birch Run were charged with the sexual assault of a young female relative. According to news reports at Mlive.com, 66-year-old Juan Cabello Sr. and 41-year-old Juan Cabello Jr. were charged with multiple sex-related counts after allegedly assaulting a relative over a span of five years. The alleged sexual assault began when the girl was younger than 13.

The two Cabellos were arrested by Michigan State Police on July 17 after prosecutors charged the men with sexually assaulting the young girl beginning in 2008, and continuing through late last year at their Birch Run Township home. Cabello Sr. was charged with two counts of first-degree criminal sexual conduct against someone under the age of 13, and one count of second-degree CSC against a relative age 13 through 16. Cabello Jr. faces two counts each of first- and second-degree CSC against a relative.

The two men pleaded not guilty to the charges against them, and were held on $50,000 bonds ordered by Saginaw County District Judge Kyle Higgs at their July 18 arraignment. The Cabellos are scheduled for a preliminary hearing on July 30.

First-degree criminal sexual conduct is an extremely serious charge, and involves penetration. If convicted, the maximum penalty is life in prison. Individuals who are found guilty of most sex crimes are also required to register for a determined amount of time to life as a sex offender, depending on whether the crime is considered a Tier I, Tier II, or Tier III offense. Being a registered sex offender is often the worst punishment of all for an individual who serves little time behind bars, as it makes finding employment or housing difficult. Society also tends to shun those who are known sex offenders.

July 10, 2014

Crystal Man Charged with Six Felonies in Alleged Sexual Assault of Teen Girls

by Scott Grabel

Just over two weeks ago, a Montcalm County man was charged with six felonies in connection with the alleged sexual assault of two females who were 13 and 16 at the time of the assaults, according to news articles at Mlive.com. 33-year-old Jeremy Geselman of Crystal is charged with two counts of first-degree criminal sexual conduct, one count of second-degree CSC, two counts of third-degree CSC, and one count of fourth-degree CSC. If convicted on the first-degree charges, Geselman could spend the rest of his life behind bars as the maximum punishment is life in prison.

According to Montcalm County Sheriff William Barnwell, Geselman was apprehended after the two alleged victims came forward and shared their stories with police. Geselman was arrested while already in jail on other unrelated charges.

Barnwell said that the sexual assaults occurred in 2013, and that one of the alleged victims is a Crystal resident. Because Geselman was already in police custody and the two young women had provided testimony, he felt that the case would be “pretty straightforward.” Barnwell also commended the county prosecutor for speedy turnaround time.

At the time of news reports Geselman remained behind bars on a $100,000 bond. His pre-trial conference was scheduled for July 7. Whether the victims knew Geselman previously and how he came into contact with the young women has not yet been revealed.

Michigan sex crime lawyers know that there are many cases in which innocent individuals are accused of rape, child molesting, and other crimes they did not commit. While people do commit these crimes, those who are falsely accused can have their lives ruined. Depending on the charges and whether the accused is found guilty, penalties can range from a few months in jail to a lifetime behind bars. Even worse for some who spend a few years behind bars is the fact that their reputations are scarred for life, and they may also be required to register as a sex offender for many years or even the rest of their lives.