Showing posts with label Texas. Show all posts
Showing posts with label Texas. Show all posts

Thursday, October 29, 2009

Polygamist Raymond Jessop Arrested for Sexually Assaulting Teen


A 38-year-old man from a polygamist sect sexually assaulted a teenager less than half his age at the Yearning For Zion Ranch, a prosecutor charged Wednesday to open the first criminal trial since the ranch was raided.

An attorney for defendant Raymond Jessop disputed the allegation, telling jurors there is no evidence Jessop sexually assaulted the girl in Schleicher County. The location is critical, since prosecutors must prove they have the jurisdiction to prosecute the alleged crimes.

Jessop was one of 12 members of the Fundamentalist Church of Jesus Christ of Latter Day Saints charged after authorities raided the ranch last year and swept 439 children into foster care. The children were later returned to their parents after an appellate court intervened, but documents and DNA seized during the raid resulted in criminal indictments on charges ranging from failure to report child abuse to sexual assault and bigamy.

All the men will be tried separately.

Both sides presented opening statements Wednesday evening in Jessop's case after 12 jurors — seven men and five women — were culled from a pool of 300, the largest ever called in this tiny county 200 miles northwest of San Antonio.

Assistant Attorney General Eric Nichols said Jessop was 33 when he had sex a 16-year-old girl, who later gave birth to a daughter. Under Texas law, generally, no one under 17 can consent to sex with adult. Nichols did not discuss the relationship between the two in his opening statement, but prosecutors have said in court documents the teen is one of Jessop's nine wives. Jessop has also been indicted on a bigamy charge that will be tried later.

"You will see evidence that establishes that this offense — the offense of sexual assault of (the teen) — occurred just down the road from this courthouse at the YFZ Ranch," Nichols told jurors.

Defense attorney Mark Stevens said prosecutors would not be able to show evidence of a crime occurring in Texas, and he urged jurors not to be distracted by the alleged polygamy or the religious beliefs Jessop and the church. Broadcast images of women from the church wearing prairie dresses and distinctive braids were impossible to ignore during the weeklong raid in April 2008.

"We don't try people because of their hairstyles or their clothes. We don't try people because of their religious practices," Stevens said. "We try people based on evidence, facts and proof."

Testimony in the case is scheduled to begin Thursday. Nichols had previously said the trial would take about two weeks. Prosecutors have prepared to call dozens of witnesses, including law enforcement officials, child welfare workers and church members.

The FLDS is a breakaway sect that is not recognized by the Mormon church. It has historically been based along the Arizona-Utah border, but church members bought a 1,700-acre ranch outside Eldorado about six years ago and began building log cabin-style homes and a four-story limestone temple that is visible from the highway that run's through the town of about 2,000 people.

Sect Leader Warren Jeffs was arrested in 2006 and convicted as an accomplice to rape in Utah for arranging an underage marriage there. He awaits trial on similar charges in Arizona before he can be tried for sexual assault of a child and bigamy in Texas.

Fearing possible prosecution for underage marriages, Jeffs allegedly advised Jessop not to take the 16 year old to the hospital even though she was struggling for days in child labor. One of Jeffs' daughters allegedly married Jessop at age 15 and is the focus of the separate bigamy indictment.

The Mormon church, Church of Jesus Christ of Latter-day Saints, renounced polygamy more than a century ago.

Thursday, October 15, 2009

Teacher Deanna Higgins Charged with Sexual Assault

A Spring High School teacher has been accused of having an improper relationship with a student, KPRC Local 2 reported Tuesday.

Science teacher Deanna Higgins has been charged with having an improper relationship between an educator and a student and sexual assault of a child. Both charges are second-degree felonies.

Higgins has been a science teacher at the school since January 2008. She is on administrative leave from the school.

Principal Donna Ullrich sent a letter home to parents to alert them to the situation.

"I want to assure you that the safety of our students is of the highest importance," she said. "Inappropriate behavior with our students will never be tolerated or overlooked."

Ullrich said a second teacher is also on administrative leave in a separate issue. She said she could not release details about that case until the investigation is complete.

Spring ISD released the following statement.

"Incidents involving improper relationships between teachers and students are not tolerated in Spring ISD. We have made it our practice to take allegations of this nature seriously. We will investigate thoroughly any report we receive and pursue criminal charges when appropriate."
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http://www.myfoxhouston.com/dpp/news/local/091013_spring_teacher_charged

Terry Lane Lee Arrested for Sexual Assault

In Midland, police have arrested and charged a man with two counts of aggravated sexual assault of a child.

A warrant for 46-year-old Terry Lane Lee of Midland was issued Tuesday, and he was arrested yesterday, after two female victims reported the abuse to authorities in Fort Worth.

Fort Worth Police and CPS then contacted the Midland Police Department about the case.

Police say the assaults occurred at west Midland apartment complexes over a period of ten years and that the victims and lee know each other.
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http://www.oaoa.com/news/midland-38062-jauz-children.html

Dennis Earl Bradford Accused of Raping & Slitting Throat of 8-year-old


An Arkansas man accused of raping an 8-year-old girl and slitting her throat 19 years ago returned to Texas Wednesday night after waiving extradition.

Dennis Earl Bradford, 40, waived extradition proceedings after his arrest on Tuesday in North Little Rock, Ark., on a charge of attempted capital murder in the 1990 abduction and sexual assault of Jennifer Schuett, now 27 and living in League City.

DNA testing techniques developed since 1990 allowed the FBI to match DNA found on a man’s underwear and T-shirt to a DNA sample taken from Bradford after his 1999 kidnapping conviction in Hot Springs, Ark. The underwear and T-shirt were discovered near the overgrown lot where Schuett, naked and bleeding from a slit throat, was dumped on a fire ant mound.

In a brief hearing today at the county jail, Bradford waived appointment of an attorney and said he would hire one. The next hearing is set for next Wednesday.

Sunday, October 4, 2009

Polygamist Raymond Jessop in Court for Sexual Assault

A member of a polygamist sect, whose ranch state officials raided last year, is pleading not guilty to sexual assault of a child.

Raymond Jessop is one of 12 men of the Fundamentalist Church of Jesus Christ of Latter Day Saints indicted after the April 2008 raid on their ranch. Jessop is the first to face trial.

The other eleven defendants from the raid on the will be tried seperately later this year.

Sunday, September 27, 2009

Texas Child Protective Services Will Provide More Information About Children Who Die of Abuse

A state law that requires Texas Child Protective Services to provide the public with more information about children who die of abuse quietly went into effect this month.

Although the agency releases some basic information about children who die of abuse or neglect, the practice has never been uniform across the state. Now, within five days of a child abuse death, the agency will have to provide the child's gender, age, date of death, and whether the child was in a foster home or living with a parent or guardian or someone else at the time of death. Law enforcement agencies typically release the names of deceased children, once relatives are notified.

Also, CPS will now have 10 days to produce a report to the public after the agency completes its own investigation into how the child died.

That 10-day report will include whether abuse was a factor in the child's death, a summary of previous abuse reports and those report results, and a description of any services offered to the victim's family before the death.

The law is the third attempt by state Sen. Carlos Uresti, D-San Antonio, to get this information regularly released to the public.

He credited Texas Department of Family and Protective Services Commissioner Anne Heiligenstein for helping him craft a law that passed this last session.

“They have been much more willing to work with us this session than they have been in the past,” Uresti said.

“How are we every going to fix the problem if we don't know what the problems are?” he said.

Uresti first came up against the CPS confidentiality rules as a state representative, following the Christmas Day 2003 death of Jovonie Ochoa, a 4-year-old San Antonio child who had been starved to death by his family.

As a lawmaker and then-chairman of the Texas House Committee on Human Services, Uresti had access to all of the child's information, but the agency's own confidentiality rules barred him from discussing those details with the public.

“My hands were tied,” Uresti said.

Following Jovonie's death, it was revealed that CPS had visited his family the year before but lost track of the family and closed the case. About 20 percent of child abuse deaths in Texas involve children in families already known to CPS.

Three such cases this year in the Houston area prompted Heiligenstein to send a team here to review the agency's investigations.

Two-month-old Amber Maccurdy of Katy, 4-year-old Emma Thompson of Spring and 3-year-old David Lee Tijerina of Conroe all died from abuse after CPS had visited their homes to check on them.

Monday, August 31, 2009

Corrections Officer Joe Rocha Charged with Child Porn


The 49-year-old Travis County corrections officer who was charged with possession of child pornography Friday was caught when had asked for help with his computer, according to an arrest affidavit.

On Aug. 1, Joe Rocha asked another corrections officer to help him fix his computer because his would not start, the arrest affidavit says. He gave the hard drive to the other officer on Aug. 16 and asked him to save all family pictures and pornography that may be on the computer, the affidavit says.

“Mr. Rocha told him ‘OK, there is kiddy porn and if it got out it would be bad. Very bad,” according to the affidavit, but the officer thought Rocha was making a joke.

When the officer decided to work on the computer Aug. 19, he found several files of child pornography that pictured children as young as 7 having sex with adults.

Sheriff’s office spokesman Roger Wade said that Rocha had been employed with the agency for 23 years. He said Rocha has been fired and that an investigation into the charges is under way.

Deputies were informed that Rocha “may have been involved in illegal activities” on Aug. 25, Wade said. Authorities said they found “several images that appeared to depict child pornography on a computer belonging to Rocha.”

Rocha was being held at the Travis County Jail as of Monday with bail set at $100,000. Possession of child pornography is a third-degree felony. If Rocha is convicted, he could face between two and 10 years in prison.

Friday, August 28, 2009

Adrian De Leon Convicted of Possessing Child Porn

A Brownsville man whose imprisoned brother claimed responsibility for child pornography on a computer has been convicted on 20 possession counts.

The penalty phase was scheduled to resume Friday for 32-year-old Adrian De Leon. The defense is seeking probation.

A Cameron County jury deliberated three days before convicting De Leon on Thursday afternoon on all 20 counts of possessing child pornography.

The computer was seized by Brownsville police in 2006.

Jesus De Leon, who testified the pornography belonged to him, is serving 50 years for aggravated sexual assault of a child and 22 counts of possession of child pornography.

Wednesday, August 26, 2009

Officer Corey Yocum Arrested for Sexual Contact to Child

A former Olney police officer was arrested on a district court warrant alleging two counts of indecency with a child by sexual contact.

Corey J. Yocum was arrested by the Dallas Police Department on Friday and held on a $100,000 bond.

According to two indictments issued by a Young County grand jury in May, Yocum intentionally caused a child under the age of 17 to touch him and he allegedly touched the girl in sexual manners. At the time of the alleged offense, Oct. 24, 2008, Yocum was a police officer in Olney.

“We received the allegation and forwarded it to an impartial agency to investigate,” said Randall Davis, chief of the Olney Police Department. “That investigation led to him being indicted. It’s embarrassing that it happened to us. We have every intention of policing ourselves, as well as the community.”

Jim Reeves, the investigator for 90th Judicial District Attorney Brenda Gray, said when he learned Yocum was still at large and might be in the Dallas area, he asked for help in finding the man who police have been looking for since May.

“I saw the guy hadn’t been arrested, and he had been indicted in May,” Reeves said. “I picked up the phone and contacted a Texas Ranger, Sgt. Eric Casper. Casper put out the information to his contacts in Dallas. As a result, he was arrested by the Child Sex Exploitation Unit of the Dallas PD.”

Yocum was taken to the Dallas County Jail on Friday and was transported to Young County on Monday. He is currently being held in the Young County Jail.

Monday, August 17, 2009

Katherine Nadal Sentenced to 99 years for Mutilating her Son

A Houston-area mother convicted of mutilating her infant by cutting off his genitals two years ago was sentenced Monday to 99 years in prison.

But minutes after the jury's sentence was read, Katherine Nadal, 28, yelled out that she did not hurt her son, prompting the boy's father to storm out of the courtroom.

Jurors deliberated for two hours Monday night before returning the sentence, which also included a $10,000 fine. The same jury had convicted her last week of first-degree felony injury to a child.

The jurors chose among possible sentences ranging from probation to life in prison. Nadal, who shook her head as the jury foreman read the sentence, will have to serve at least 30 years before she is eligible for parole.

Prosecutors asked for life in prison. Nadal's attorneys did not request a specific sentence, instead asking the jury to not punish her out of hate or revenge.

Nadal had claimed the family dog, a 6- to 7-pound dachshund named "Shorty" was responsible for mutilating her then-5-week-old son, Holden Gothia, as he slept in his parent's bedroom in March 2007 at their suburban Houston apartment.

But prosecutors said she was high on drugs when she mutilated her son with an unknown sharp instrument. Authorities say Nadal, who had prior drug arrests, tested positive for cocaine, methadone and Xanax after the attack.

Holden survived, but the severed body parts were never found.

After the sentence was announced, Holden's paternal aunt, Patches DeShazo, who has custody of the now 2-year-old boy, read a victim impact statement in the courtroom.

"I am thankful by time you are eligible for parole you will be beyond childbearing years. It makes me crazy to this very day to hear you say I did not hurt him," DeShazo said as she read her statement.

That prompted Nadal to yell back from the table where she sat with her defense attorneys: "I failed him. I did not hurt him."

The boy's father, Camden Gothia, then stood up and yelled to Nadal, "You abused him when he was in the womb," a reference to Nadal having taken drugs when she was pregnant with Holden. Gothia then left the courtroom.

DeShazo and her husband were given custody after his parents relinquished their rights. His father sees him regularly.

After the hearing, prosecutor Tammy Thomas told reporters that Nadal will never admit what she did.

"I don't know if this is justice to merit the damage," a teary-eyed Thomas said. "This is as close as we can get."

Allen Isbell, one of Nadal's attorneys, said he was disappointed that the sentence was "so long."

During closing arguments in the punishment phase of the trial, Thomas told jurors that Nadal had sentenced her child to a life of pain and suffering. "She took his identity as a human being and either flushed it or threw it in a trash can," Thomas added.

Doctors testified that he faces years of surgeries and counseling.

Nadal's attorneys told jurors that nothing they did would help Holden.

"This jury must punish Katie Nadal. That's your job. But what is appropriate? I hope you don't do it out of hate or revenge," defense attorney Skip Cornelius said.

Gordon Houston Admitted to Raping Daughter Will be Released from Jail

A 69-year-old man who admitted raping his daughter when she was a young girl will be released from jail this week after spending six months behind bars for violating his probation.

Gordon N. Houston pleaded guilty in June, 2008 to the aggravated sexual assault of his daughter, Rebecca, back in the late 1980s, and was placed on deferred adjudication probation for 10 years.

The policy of the Seguin Gazette Enterprise is to not divulge the names of victims of sexual assault.

In this case, Rebecca Houston, now in her 20s, said she wanted her name used in order to bring attention to sexual assaults that are not uncommon in this community and to stand up for other victims, let them know they’re not alone and that they’ll have support if they speak out.

It took Rebecca Houston years to make an outcry herself, she said, because of the effect of years of sexual abuse as a child.

“All of my earliest memories are of this (abuse). My brother and my sister-in-law took me to the sheriff’s office to make my statement,” Houston said. “I don’t think I would have been able to do it on my own without the support of people who love me.”

The case was indicted in 2006 on multiple counts, and all but one were dismissed in the plea agreement reached in June, 2008, between the office of former District Attorney Vicki Pattillo and defense attorneys Billy McNabb and Scot Courtney of San Marcos, in which Houston would carry no conviction for sexual assault — if he successfully completed the terms of his probation.

Probation conditions for a sex offender are extensive — 274th Judicial District Judge Gary Steel’s judgement filed July 20 that returns Houston to community supervision this week has been increased to 50 separate conditions, including committing no other offenses, having no association with others who commit offenses, no unsupervised contact with children, a year of electronic monitoring to begin immediately upon his release from jail.

He is also ordered to have no contact with and remain at least 500 yards from his daughter, to paying for her therapy or counseling and participating in sex offender treatment to include mandatory regular lie detector tests. He must also surrender his passport and cannot apply for another.

There was one further condition of Houston’s continued probation: that he spend six months in county jail — the maximum a state district judge can order under the law in a probation case. That six months is up on Tuesday.

In triple-starred, underlined bold-face italics near the end of the three-page judgment, Steel made one final note to Houston suggestive of what the judge’s attitude would be, should Houston be hauled before his bench again for violating the terms of probation.

“***Zero Tolerance — follow all sanctions and directives as indicated .... during the duration of your sex offender treatment program,” Steel wrote.

Pattillo, who now has a private law practice in Seguin, does not discuss criminal cases in the newspaper. Courtney, reached for this story, doesn’t discuss the negotiations or their outcome except to say that he believed at the time that both sides and the victim had agreed to probation for Houston, who is elderly and who had never been in trouble with the law before this offense.

Rebecca Houston says she didn’t quite understand what deferred adjudication probation would mean.

“I didn’t really expect that he would just get probation,” she said. “They explained to me basically it was probation with the option, if he messed up, that he goes to prison for a long time. Now, they’re saying he could be let go again, and that wasn’t the deal as I understood it.”

The way Gordon Houston “messed up” on probation was by failing to comply with conditions of his deferred adjudication by failing a polygraph test, failing to comply with treatment assignments as directed by his therapist, failing to make progress in his treatment and failing to disclose a sexual relationship with a mentally challenged 20-year-old woman to his probation officer or therapist, as required. He also admitted keeping a photographic negative of his victim, and admitted becoming aroused by it -- an admission his now-adult daughter testified “disgusted” her.

Houston’s therapist and probation officer recommended Houston be locked up for a period of time and then placed back on deferred adjudication probation and instructed to cooperate with his treatment, and while Steel had the option of adjudicating Houston’s case, entering a conviction and sending him away, court observers say it is uncommon for a judge to overrule the recommendation of the probation department.

In an adjudication hearing that began in May and was recessed into June so the judge and both sides could review more than 100 pages of case notes pertaining to Houston’s treatment, Courtney and McNabb went on the offensive in a confrontation with District Attorney Heather Hollub and her first assistant, Larry Bloomquist, who sought a long prison term.

The defense attorneys argued that Houston was complying with his conditions and his treatment — albeit maybe not as early or as quickly as he might have —and that it was Houston himself who offered up the admissions once he began cooperating with his treatment that resulted in the motion to adjudicate his case.

“What’s he supposed to think about ‘treatment’ in light of this motion?” McNabb asked the judge.

Hollub, who has made it clear she has concerns about Houston, said she accepted the outcome of the hearings.

“We respect Judge Steel’s ruling,” Hollub said.

Courtney said the same thing.

“The process works because the judge follows the law, and Judge Steel has absolutely followed the law,” Courtney said. “The time Mr. Houston has spent in county jail as a condition of his continuing on probation is the maximum amount of time the judge can set.”

Courtney noted the recommendation of the probation department.

“The judge relies on the probation department because they’re his eyes and ears,” Courtney said. “He did find there were violations, but the judge is there to look at the violations while on probation and not necessarily the original case and retry the allegations or the original charge. That’s not the purpose of this hearing. The judge is entrusted to look at the allegations in light of the evidence, and then decide of those allegations indicate the person should be sentenced to prison or for how long or that the conditions be amended in some way so that everyone’s interests are protected. That’s what Judge Steel did in this case, and I don’t think you can ask any more of a judge.”

Courtney said he understood, now, that Rebecca Houston is unhappy with the disposition of the original case.

“I don’t quarrel with that person, and I wouldn’t ever comment on how she should feel,” Courtney said. “But that being said, the process we’ve gone through is not a process to relitigate those original allegations. It’s just not.”

Probation for a convicted sex offender is not easy, Courtney noted.

“The conditions are onerous to say the very least, and that’s not to say that they’re unfair. You have to follow them,” Courtney explained. “I caution clients considering probation that it’s not a way to get a case over with. That’s just the beginning, and it will be a long road. If you’re not willing to do it, don’t bother (with probation). I think Mr. Houston has truly and will continue to redouble his efforts to comply with the court’s orders.”

Rebecca Houston isn’t so sure.

“If he’s going after a mentally slow girl, he’s still a predator and he needs to be put away, and obviously more counseling is not going to help and there will be more victims,” she said. “I really hate the fact that a man who has admitted to molesting children has been allowed out of jail. Even though he will have an ankle bracelet tracking him, that won’t stop him from being inappropriate with anyone he can get close to.”

She said she hoped others might come forward with information about her father.

“If more victims can find the courage to speak up, maybe he can be put away for good,” she said.

Kenneth Delaine Stewart Sentenced to 45 Years for Sexual Assaut of 7-year-old

A Dayton man pleaded guilty Monday and was sentenced to 45 years in prison in connection with the kidnapping and sexual assault of a 7-year-old northeast Harris County girl abducted from a bus stop in April 2008.

Kenneth Delaine Stewart, 27, pleaded guilty on the eve of trial in state District Judge Marc Carter's court to super aggravated sexual assault. The enhanced charge mandates that he serve the entire prison sentence, prosecutors said.

Assistant District Attorney Wendy Baker said the girl's father gave a victim's impact statement, in which he thanked Stewart for letting the girl live.

Stewart's defense attorney, Alvin Nunnery, could not be reached for comment.

Investigators and members of Stewart's family said he confessed to tricking the Summerwood Elementary student into getting into his car in the Fall Creek subdivision on April 7, 2008, from a bus stop in the 14500 block of Logan Falls, police said.

More than an hour later, he dropped the girl off in Baytown, 20 miles from her home.
Clothing missing

According to court documents, some of the girl's clothing was missing when she was released and her hair had been cut. A subsequent medical examination determined the child had been assaulted.

Stewart spent a year in jail in Liberty County for assault. He also had served time in jail for burglary, theft, child endangerment and drunken driving,

His mother Theresa Jackson has said her son told his grandmother “everything happened fast” and that the child reminded him of his own 3-year-old daughter.

Before the 7-year-old was abducted, Stewart had offered a 9-year-old girl $100 to touch her genitals, police said. While she ran to alert her parents, Stewart kidnapped the 7-year-old, police said, telling her that her mother had a flat tire and sent him to pick her up.

Saturday, August 15, 2009

Donald Ray Eubanks Charged with Sexual Assault

A Galveston jury returned Friday guilty verdicts against a League City man on charges that he sexually assaulted two young girls, a state prosecutor and defense attorney said.

Donald Ray Eubanks, 55, remains free on bond, pending the outcome of his sentencing hearing scheduled for 9:30 a.m. Monday in Judge Wayne J. Mallia’s 405th District Court in Galveston, prosecutor Paul Darrow said.

The jury found Eubanks guilty of two counts each of aggravated sexual assault, indecency with a child, possession of child pornography and sexual performance of a child, Darrow said.

The charges stem from acts that occurred in Eubank’s home in August and September 2006, according to court documents.

In closing arguments, Darrow told the jury League City police found 105 pictures on the computer.

Defense attorney Ned Barnett told the jury that Eubanks’ wife of 36 years didn’t think anything was going on inside the house and asked the jury to consider whether there was any reasonable doubt to the charges.

Darrow told jurors they should be angry that the acts occurred in their community.

“This is a chance to send a message that this is not acceptable in Galveston County,” Darrow said. “It’s also a chance to send a message to someone else ... that’s a child molester that hasn’t been caught yet.”

Because Eubanks committed the offenses in 2006 under different state penalty statutes, he is eligible for probation on all guilty verdicts, Darrow said.

Friday, August 14, 2009

Jackie Soward Pleads Guilty to Possession of Child Porn

A 58-year-old Fort Worth man pleaded guilty Friday in federal court to one count of attempted possession of child pornography.

Jackie R. Sowards faces a maximum sentence of 20 years in prison, a $250,000 fine and a lifetime of supervised release, according to a news release from the U.S. attorney’s office.

A postal inspector working undercover mailed a fictitious advertisement for child pornography to Sowards at his home in May.

Sowards requested two catalogs that advertised child pornography, the news release said.

After receiving the fake catalogs, Sowards ordered seven DVDs and sent a money order for more than $375, the release said.

On July 1, postal inspectors executed a federal search warrant at Sowards’ residence.

Sowards was already serving 10 years’ probation for possession of child pornography that was handed down in state court, according to Tarrant County court records.

Sowards admitted that he was addicted to child pornography and has been sexually attracted to children for more than 30 years, according to the news release.

He is scheduled to be sentenced in November.

Thursday, August 13, 2009

Tyler Man Sentenced to 10 Years for Sexual Assault

A Tyler man found guilty of sexual assault with a child was sentenced to 10 years in the state penitentiary and ordered to pay a $5,000 fine Thursday morning in Smith County's 7th District Court.

A jury found the defendant, 32, was found guilty of the crime Wednesday in Judge Kerry Russell's court.

In the punishment phase Thursday, Assistant District Attorney Richard Vance argued the defendant's failure to meet pre-trial bond agreements, the 17-year age difference, and the relationship the defendant had with the victim before the incident gave the jury cause to send him to jail for the maximum time.

Having been convicted of a second-degree felony, the defendant faced two to twenty years in the federal penitentiary.

Vance said Wednesday that the inappropriate behavior allegedly began in Belize on a mission trip in January 2008, when the victim was 14 years old.

Although he was not prosecuted for these events because they took place outside the country, Vance asked the jury to consider them when deciding the length of the sentence.

Upon returning, the defendant asked the victim to go with him to develop pictures from the trip.

Vance said the victim was hesitant to go with the defendant but knew her mother and other family members would know something was wrong if she refused.

The defendant then took her to an apartment where more sexual acts were performed.

The victim's family began to notice she was acting strange and took her to UTMC, where the story was revealed, Vance said.

The defendant will be eligible for parole after 5 years.

Prosecutors were Assistant District Attorneys Vance and Greg Cole and the Defense Attorney was Bill Booth.

Man Accused of Performing Sex Acts on 7-year-old

Sitting in the witness chair, a Manvel mother read a letter from her daughter which said the young girl knew things she wished she didn’t, and that for a long time she carried a terrible secret.

“I hate my secret,” the mother read. “I want to tell my secret so he won’t hurt anyone else.”

The mother read a victim impact statement Wednesday afternoon after a jury of six men and six women gave a 70-year sentence to her husband on a continuous sexual assault of a child conviction. The man could have faced up to life in prison.

The 39-year-old man is accused of having sex and performing sex acts with his 7-year-old stepdaughter at their Manvel home between December 2007 and September 2008, when the girl told her mother about the abuse.

The woman told her husband after his conviction he would not be able to throw a football, take long drives or see his own children grow up because he would be spending the next 70 years of his life in prison.

“You know what you did and how wrong you are,” the mother said. “Your choices are not yours anymore.”

It is Facts policy in sexual assault cases to withhold the name of the man because disclosing it could identify the victim.

The defendant is the first to be convicted of the continuous sexual assault charge in Brazoria County since it was added to the Texas Penal Code two years ago, Prosecutor Jessica Pulcher said.

“The jurors of Brazoria County made a statement today against a man who was doing horrible things,” Prosecutor Jay Wooten said.

The man’s attorney, Crespin Linton, said his client had nine previous convictions, four of which were felonies.

“We knew it would be a lengthy sentence,” Linton said.

Linton said he contends the child’s mother and his client had a contentious marriage, and she manufactured the charges to get back at him.

“She was so angry with him she would be willing to go this far,” he said.

Wooten said the case originally was indicted as an aggravated sexual assault and the defendant had a hung jury in July. when the case was reindicted as continuous sexual assault of a child, the victim had to testify again about the charges, Wooten said.

As prosecutors talked about the case in their office, the girl came by and hugged Wooten’s leg.

“I feel very vindicated,” he said.

Wednesday, August 12, 2009

Abigail Elizabeth Young Charged with Death of 4-year-old


A Spring woman and her boyfriend are charged in the death of the woman's daughter, a 4-year-old who authorities said today suffered 80 contusions in the days leading to her death on June 27.

Abigail Elizabeth Young, 33, kept her head down, saying nothing as homicide detectives brought her to the Harris County jail. Also arrested Monday was her boyfriend, Lucas Ruric Coe, 27. Both have been charged with felony injury to a child, officials said Monday.

The couple is accused in the death of Young's daughter, Emma Thompson. The Harris County Sheriff's Office released some details today, including the number of contusions.

In a brief hearing today, Coe was ordered held without bond and Young is jailed in lieu of a $50,000 bond. Young, still wearing hospital scrubs because she was arrested Monday while working as a registered nurse at Trinity Medical Center in Brenham, stood before the magistrate judge with her arms folded, looking in Coe's direction and shaking her head.

Coe, in an orange jail jumpsuit, deliberately sat behind a post out of camera view until his name was called. He stood solemnly before the judge, head down.

When authorities tried to arrest him Monday at a home in Magnolia where he had been staying with a relative, Coe tried to flee but was quickly apprehended, officials said.

“When he saw them coming, he tried to run,” said A.J. Kelly, an investigator with the Harris County sheriff's homicide division.

Wearing a T-shirt that said, “It's all fun and games until the cops show up,” Coe also refused to comment about the case as detectives led him to an unmarked car for his trip to the Harris County Jail.

“I have nothing to say without my attorney,” Coe said.

Ruled a homicide
On Friday, a pathologist with the Southeast Texas Forensic Center in Conroe ruled that Emma died as a result of blunt abdominal trauma, which caused the child to bleed internally, Harris County sheriff's detectives said.

“The manner (of death) was consistent with homicide,” Kelly said.

Emma died at Memorial Hermann-The Woodlands Hospital after she became unconscious at the family's home in Spring.

In addition to the abdominal trauma that caused her death, Emma also suffered a skull fracture and vaginal tearing — evidence of sexual assault, officials said.

Kelly wouldn't say if investigators believe the couple intended to harm Emma or whether her death was the result of discipline that had gone out of control.

“We're not going to speak about intent at this point,“ he said. “It's obvious that the child suffered abuse.“

A neighbor told officials that Young said the fatal injuries were caused by two separate falls — and that she tried to save Emma's life by using Super Glue to close a wound on her head. Detectives became suspicious after questioning the couple.

“The statements given by both the mother of the child and the boyfriend were inconsistent with the injuries,” Kelly said.

He declined to say what the couple told detectives that led them to be considered the prime suspects in Emma's death.

Sheriff's detectives also declined to comment about any sexual assaults Emma may have suffered at the hands of the accused couple.

“We can confirm the child had oral and vaginal herpes,” Kelly said.

Why that charge
Kelly said that prosecutors on Monday opted for the felony injury to a child charge because it was the best way that both could be accused for the crime. He said it could be upgraded to murder as the investigation continues.

“It's still a life-sentence charge,“ Kelly said.

The news of an arrest brought some relief to one of Emma's relatives.

“I feel blessed that justice is being serviced, and hopefully justice will be served for my niece,“ said Amanda Young Mathews, Young's sister. “We just want the truth to be known.“

She described her niece as a fun-loving girl. “She had a bright future and was taken away too soon.“

Mathews said she was horrified at what happened to her niece. “She will be missed forever,” Mathews said.

In early June, Texas Child Protective Services first began investigating a complaints about Emma's care.

Officials with the agency determined the child tested positive for genital herpes, but she was not removed from the home at the time.

Rolando Saucedo Charged with Sexual Assault on 10-year-old


An energy drink was the bait used by a Brownsville man to gain entry into the bedroom of a 10-year-old girl and to sexually assault her repeatedly throughout the night, police said.

Rolando Saucedo, 23, was charged with aggravated sexual assault of a child and burglary with intent to commit sexual assault, said police spokesman Sgt. Jimmy Manrrique.

On Wednesday morning Saucedo went before Municipal Judge Ben Neece, who set his bond at $500,000 per count for a total of $1,000,000.

Saucedo was transported to the Carrizalez Rucker Detention Center Wednesday afternoon after providing police with a confession, police said.

"I’m sorry. ... I’ve let everybody down. I’m sorry for the pain I’ve caused," Saucedo said as he was being placed inside a police car.

His arrest took place Tuesday at approximately 7 a.m. when the victim’s 16-year-old brother and 28-year-old sister restrained Saucedo after finding him inside the girl’s room, said Manrrique, adding the victim’s brother checked on his sister after their parents went to work.

"He saw his sister reading to someone and when he took a closer look, he saw Rolando hiding under the covers," the spokesman said.

During their investigation, police learned that Saucedo befriended the victim about two months ago at Sunrise Mall and had been speaking to her via a cell phone, Manrrique said.

On Monday night, Saucedo parked his 2002 Jeep Liberty on the driveway of a house under construction at 4008 Cesar Lane and walked to the girl’s house on Old Port Isabel Road, gaining entry through the window after promising the girl a can of Irish Blend Monster energy drink, the spokesman said.

Investigators took the victim to Valley Baptist Medical Center-Brownsville, where members of the Child Through Adult Abuse Response Team confirmed the girl had been repeatedly violated, police said.

"This is what we’ve been warning parents about; don’t leave your children unattended," Manrrique said. "He is a predator who found his victim at the mall. A lot of parents have a misconception that kids know what to do in certain situations; the problem with that is that they don’t. If parents don’t open communication lines with their children and bring up these kinds of subjects, they will not know what to do in a situation like this. A predator will promise them the world and give them craved attention and this is the end result. She had no chance. ... This could have been prevented. "

Manrrique said predators have a universal mode of operation: They target a victim. They make contact and then convince them to keep a secret.

"Once they convince them to keep a secret they have won," the spokesman said.

Much to the surprise of investigators, Saucedo previously was charged in another sexual assault of a child in Laguna Vista, the spokesman said.

In April of 2005, Saucedo was charged with aggravated sexual assault of a child involving a 13-year-old girl, said Chief First Assistant District Attorney Charles Mattingly.

Saucedo pleaded guilty and was sentenced to 10 years deferred adjudication. He also was required to register as a sex offender and attend sexual offender classes, Mattingly said.

In September of 2007 Saucedo absconded to Arkansas, missing appointments with probation officers and other terms of his supervised release, he said. Saucedo returned to Brownsville in March of last year, he added.

On April 29 of last year, the DA’s office filed a motion to adjudicate, asking state District Judge Arturo Nelson to remove the supervised release of Saucedo and sentence him to a minimum of 10 years in prison, Mattingly said.

The first hearing on the motion was set for Dec. 5, 2008 but was reset for Dec 9 of last year.

The case was reset 7 more times until May 14 of this year when Nelson revoked Saucedo’s bond and ordered he be taken into custody and sent to county jail, Mattingly said. The amount of the bond was not immediately available.

On June 18 Nelson ordered that Saucedo be subjected to polygraph testing and released him from custody on a $10,000 personal recognizance bond. Further hearing was reset for Oct. 6.

"Since that first hearing on December 2008, the district attorney’s office has done everything possible to have Saucedo sent to prison," Mattingly said. "Less than two months later (after released on the PR bond) he’s arrested. This is a terrible thing; that little girl will never be the same."

The DA’s office has requested that the $1 million dollar bond that Neece set on Saucedo be upgraded to no bond, Mattingly added.

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http://www.kveo.com/news/23-charged-with-sexual-assault-10-year-old

Tuesday, August 11, 2009

Former Officer Byron Shane Burkart Indicted for Indecency with Child

A 41-year-old former Seguin Police Department officer has been indicted on charges of indecency with a child.

District Attorney Heather Hollub said grand jurors handed up a three-count indictment of Byron Shane Burkhart for the alleged indecency with a child under age 17 by sexual contact.

If proved at trial, the allegation is a second-degree felony punishable by two to 20 years in state prison and a fine of up to $10,000. Since Burkhart has no prior criminal offenses, he could also get probation.

“It’s always troubling when those we entrust with protecting us commit criminal offenses,” Hollub said. “My office will prosecute this case to the fullest extent of the law.”

The Seguin Police Department brought the allegations against Burkhart forward after being informed by school officials and members of an outside law enforcement agency of an alleged inappropriate relationship between Burkhart and the girl believed to have taken place back in February.

Police officials asked for independent investigations by the Texas Rangers and by Hollub’s investigator, Frank Allenger. Burkhart is one of two Seguin police officers who came under a cloud of sexual suspicion last spring in separate, unrelated incidents. He resigned his position in late May.

The second officer, who quit his job in June after being placed on administrative leave pending the outcome of an investigation into an allegation involving an adult woman, has not been charged with a criminal offense.

Kelso informed Burkhart of the allegations in a May 29 letter telling the officer he was contemplating firing him. That letter was released by the city of Seguin in response to a request filed by the Seguin Gazette Enterprise under the Texas Public Information Act.

“I am considering termination of your employment for conduct unbecoming an officer of the Seguin Police Department,” Kelso wrote. “Specifically, it is alleged by two local educators that you have engaged in an improper relationship with a minor child and that you are responsible for inappropriate communications (text messages) with that child.”

Kelso informed Burkhart of his expected behavior as a city employee.

“You are a public servant and as such, you are held to the highest standard of ethical conduct,” Kelso said. “Consistent with that level of public trust, the behavior alleged certainly would not be considered to be in the best interest of the City of Seguin and therefore would subject you to discipline up to and including termination.”

The indicted charges suggest there was more involved in the relationship than texts or e-mails.

Under section 21.11 of the Texas Penal Code, Indecency with a child by sexual contact is defined as, “ ... any touching by a person, including touching through clothing, of the anus, breast or any part of the genitals of a child ... .”

Kelso and city officials declined to discuss the allegations against Burkhart on Monday.

The important thing, Kelso said, is that the community not regard allegations against one officer as a reflection on the behavior of the rest of the 65 members of the SPD. As soon as the allegations were made, they were investigated at the behest of the police department, with its cooperation, Kelso said.

“We’ve been proactive in this situation. Any time an allegation is made against any police officer it will be investigated and action will be taken that is appropriate to the outcome of that investigation. The department should be judged by the way the allegation or incident is handled as opposed to the improprieties of an employee. It is difficult to monitor every moment of each officer both on and off duty, but we expect them to abide by the rules governing their employment.”

Burkhart was an eight-year veteran of the SPD. No pre-trial hearing dates had been set Monday.

The Seguin Police Department has cooperated openly and completely in the investigations, Hollub said.

Tuesday, August 4, 2009

Trial Continues for Former Pastor Henry Edgington


Two recently retired Waco police officers were on the stand this morning in 54th State District Court testifying about their investigation into a child pornography case involving a former area pastor.

Former police officer Chris Kingrey opened up today’s testimony about his work as the department’s computer analyst. He said he was asked to examine a computer to which Henry Edgington, 65, had access as a night clerk at the Czech Inn in West.

Kingrey said he found 63 images that he considered child pornography on the computer, which prosecutor J.R Vicha and Hilary LaBorde showed to jurors on a large screen in the courtroom.

Retired State District Judge George Allen ordered that the windows be covered in the courtroom while the images were displayed.

Kingrey also said he recovered at least three e-mails from Edgington that appeared to be sent to young models, including one that said “You’re so beautiful it makes me smile to see your face.”

Former police Sgt. Kraig Disney testified about searching Edgington’s home in August 2007 and took a statement from the defendant in which Edgington said he was inspired to try to rid the Internet of child pornography sites after reading a story out of Florida about a group that worked successfully with legislators.

Disney said Edgington told him: “I felt if it works there it can work here. I made some terrible printouts that I intended to send to (local U.S. Rep.) Chet Edwards. He seemed like a go-to guy.”
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http://www.kxxv.com/Global/story.asp?S=10847277