Man Guilty Of Sexual Assault On Boy: No Jail Time

dander

Inactive
Some pathetic news from Massachussetts:
http://www.bostonherald.com/news/local_regional/atta09072000.htm

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Man guilty of sexual attack on boy won't go to jail

by David Weber
Thursday, September 7, 2000

The grandmother of an 11-year-old sexual assault victim wept yesterday after hearing Judge Maria Lopez hand down a no-jail sentence to the boy's attacker, a transsexual who was given one year of home detention with permission to attend college and counseling sessions to ease his transgender process.

During a plea-bargain sentence yesterday in Middlesex Superior Court, Lopez called the kidnapping and attempted rape case against Charles Horton, 22, of Dorchester, one of the more ``low-level'' child sex assault cases she had seen in her 12 years on the bench.

``I don't think the judge would feel the same way if it was her grandson we were talking about,'' said the tearful grandmother, whose name is withheld to protect the identity of her grandson.

On the afternoon of Nov. 20 on Corona Street in Dorchester, Horton, dressed as a woman, lured the boy into ``her'' car under the pretense of needing help find ``her'' lost son, according to Suffolk County prosecutor David Deakin. Horton then drove the boy to deserted parking lot behind a warehouse at 50 Park St. and held a screwdriver to his neck while demanding oral sex, Deakin said.

Yesterday in court Horton admitted to putting his finger and the screwdriver in the boy's mouth at various times while they were in the car.

The assault was interrupted when Boston police officers literally caught Horton with his pants down after they noticed the car parked suspiciously in the lot and moved in to investigate.

Deakin had requested a sentence of eight to 10 years and 10 years of probation after Horton pleaded guilty to charges of assault with intent to rape a child, kidnapping, indecent assault and battery, assault and battery with a dangerous weapon (a screwdriver) and assault and battery.

Lopez called Deakin ``disingenuous,'' portraying the case more gravely than she considered it.

A visibly perturbed Lopez, noting that Horton is a man who dresses and and lives as a woman, asked Deakin, ``What kind of prison would you suggest I send the defendant to - men's or women's?''

Lopez then sentenced Horton to five years of probation and one year of home detention with an electronic monitoring device. Lopez said Horton would be allowed to leave home to attend college classes, church three times a week, and various medical and counseling appointments. Lopez ordered Horton to stay away from the victim and anyone else under age 16.

The judge originally was set to hand out the same sentence Aug. 4 while she sat in Suffolk Superior Court, but postponed it that day because she claimed media coverage attempted to portray the transgender defendant as a ``circus'' figure. She also chided the Suffolk district attorney's office for alerting the press to the case.

The victim's grandmother, a Dorchester woman who sat in court all day Aug. 4 only to hear the sentencing postponed, journeyed to the Cambridge courthouse yesterday fully expecting a no-jail sentence for her grandson's assailant.

But she lost control of her emotions outside the courtroom after hearing what she considered Lopez' callous remarks about the seriousness of the case.

``Oh yes, this is very serious,'' said the grandmother, who was in tears. ``I don't know what she calls serious. What kind of man or woman or whatever could do that to my grandson? It's not a joke. I'm very upset.''

Trial Court spokeswoman Joan Kenney, speaking on behalf of Lopez, said the judge's remarks should not be construed as being unfeeling toward the victim's family. ``Knowing Judge Lopez, I'm sure they weren't intended that way.''

Horton's defense lawyer, Anne Goldbach, lauded Lopez for making a ``wise'' and ``informed'' decision on the sentence.

``I do feel it (the sentence) was appropriate under the circumstances,'' Goldbach said. ``The judge heard a lot about my client's background and made what I feel was an appropriate disposition.''

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I hate to always sound like a broken record, but let's face it, almost nobody just "snaps" one day and begins committing violent felonies, especially of a sexual nature. He (she, it, whatever) may never have gotten caught before, but this was very unlikely a spontaneous action. Its also probably not the last crime that this weirdo will commit.

I hope next time he rapes a young boy that the victim's parents get to confront this idiot judge. Probably won't happen though. And everyone will talk about what a "tragedy" it all is.
 
I want to love our country, I want to believe in its institutions, I served it in uniform for twenty years, and I still see all sorts of greatness in the United States.

However, a news report like this -- one of thousands -- undermines all that trust, respect, and love. What in the name of God was this judge thinking? Here are the clear facts: a transsexual, homosexual, pedophile, sexual predator -- convicted of violating an eleven year old -- is returned to society to prey on other children.

There is no justice nor is there safety when judges, no doubt with misguided compassion, have such horribly flawed common sense. When this felon sexually abuses another child -- and recidivism among pedophiles is exceptionally common -- I wonder how this judge will justify her decision?

There should be a special place in Hell for child molesters; there also should be a special place in Hell for judges, however well intentioned, who fail to protect society.
 
Go back to the report of the crime and insert the word "handgun" in place of the word "screwdriver" - then tell me what the sentence would have been and what level of media coverage would have been applied.

And another thing...as I have mentioned on the board before, why is the sentence for an attempted crime less than the sentence for the committed crime? Why reward a would-be rapist just because they were unsuccessful? The jerk got caught just before the actual rape and was rewarded with a lighter sentence.

I'll go puke now...

Mikey

[This message has been edited by Mikey (edited September 08, 2000).]
 
Where is that Atlanta Vigilante?

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God, Guns and Guts made this country a great country!

oberkommando sez:
"We lost the first and third and now they are after the Second!(no pun intended)"
 
It's the People's Republic of Mass., what do you expect? People don't have rights there while deviant scum do.

As for which facility to hold this "thing" in, how about the zoo or the dog pound?
 
Every time we see one of these cases, we are seeing the future molestation or murder of an innocent child.

Judges like this liberal Lopez (can you say affirmative action?) don't even know why they're sitting on the bench.


------------------
Brady
(No relation to that $%#$ bill)
 
All this in a state where the grandmother would have been sentenced to a mandatory year in jail if she were caught carrying an unlicensed handgun (nevermind that the Constitution IS her license) to protect her grandson. This stuff makes me sick.

All this is a state where any MA gun owner must notify both police chiefs and the Criminal History Systems Board (nevermind if you have NO criminal history) whenever moving from one town to another-- just like a convicted sex offender!!

:mad: :mad: :mad: :mad:

I wonder if a loud enough outcry could initiate an impeachment investigation into this judge. Who to contact, maybe the attorney general or state senator?
 
Wormtown beat me to it. i was going to comment how simply possesing a gun is a 1 year MANDATORY sentance. Yet attempted child rape is only worthy of house arrest and probation?!?!?! AND he/she can work on "its" degree??????????????

Only in MA folks, stay away if possible!!!

I want out!
 
This really makes me sick. Sexual predators have a VERY low rate of rehabilitation. The judge should be ashamed of himself. And thrown off the bench...
 
Saw your post over @ Frugals too but now that I've calmed down a little I have to say that this is the end all of these protected class laws are going to bring us to. They will simply be able to get away with anything. This judge is a criminal and a accessory to this crime. Just as RWK said Amerika has become a disgrace.
 
My letter to the Powers That Be:

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Dear Honorable Senator Guy Glodis, Representative John J. Binienda, Senator Edward M. Kennedy, Senator John Kerry; Governor Paul Cellucci, Attorney General Tom Reilly, and Andrew Costello, Editor, Boston Herald:

I wish to bring the following matter as to your attention: “Man guilty of sexual attack on boy won't go to jail”, by David Weber, as published in the Boston Herald Thursday, September 7, 2000. Recently, Judge Maria Lopez handed down a no-jail sentence to a transsexual convicted of sexually assaulting an 11 year old boy. According to the article the defendant "pleaded guilty to charges of assault with intent to rape a child, kidnapping, indecent assault and battery, assault and battery with a dangerous weapon (a screwdriver). He was sentenced to "five years of probation and one year of home detention with an electronic monitoring device. Lopez said Horton would be allowed to leave home to attend college classes, church three times a week, and various medical and counseling appointments. Lopez ordered Horton to stay away from the victim and anyone else under age 16."

The judge called this one of the more "low-level'" child sex assault cases she had seen in her 12 years on the bench. I am absolutely appalled at this judge's remarks and sentencing. How is any child sex assault case "low level"? How is one year home detention with permission to go do college, church three times a week, and free pass to counseling any punishment at all? How does this sentence protect the public from this person? Why is it that despite numerous academic studies demonstrating the very high rate of recidivism of sex offenders, the courts continue to insist simply talking to sexual predators in a compassionate way will "cure" them? Perhaps you think I am prejudiced, homophobic, narrow-minded or simply not insensitive to the needs of other lifestyles. I assure you I am not; however, I would like to put that nagging suspicion to rest with questions of my own: After this person, who has been convicted of child sex assault, completes his "punishment", finishes probation and satisfies his counselors he is "cured", would you let him baby-sit your children? Would you accept him for a camp counselor, teacher, or other "youth leader" position?

This is an example of the cases that undermine the public's confidence in our courts, legislators and elected officials. The callous, insensitive, cold treatment of the true victim juxtaposed by the compassion and sympathy for the perpetrator, based solely on gender status is irresponsible, reprehensible, and insupportable. The flagrant disregard for public safety and potential threat to the community displayed by this particular judge should not and can not be tolerated. This judge, by her own hand, has demonstrated she is no longer fit to be a judge, no longer fit to serve justice, nor the Commonwealth. I urge you in all sincerity to consider impeachment hearings for this judge and remove her from the bench forwith. This can no longer be tolerated by the law abiding, and the legal system must be held accountable when it fails the Commonwealth.

Thank you for your time.

Respectfully,

*real name & address deleted*
Registered to Vote, Ward 07, Precinct 05[/quote]


I wonder if this will get their attention? I wonder what the reprisals, err.. response will be?
 
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Lopez said Horton would be allowed to leave home to attend college classes, church three times a week, and various medical and counseling appointments. [/quote]

This thing is going to church three times a week??? Good grief...

I think thirty years in prison would facilitate this pervert's "transgender process" quite nicely.
 
Wow! There is a glimmer of hope!!

Here is the response from my state Senator on the letter I sent!

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>
Dear [Constituent]:

Thank you for your recent email regarding Judge Lopez and her recision
decision to send a convicted child molester free.

Please be assured that I share your outrage at this injustice, and I will do
everything in my power to ensure Judge Lopez's accountability for her
obvious failure as a Superior Court judge. The sentence rendered by Judge
Lopez is an abhorration of all that our judicial system tried to achieve,
and the situation she has created must be handled in a efficient and rigid
manner. I can assure you that Judge Lopez will be held fully accountable
for her actions, and I will stand with other members of the General Court in
exacting the swift hand of justice in a situation that has seen very little
of it thus far.

Thank you once again for writing to me, and I look forward to any further
comments or questions you may have.

Sincerely,
Guy W. Glodis, State Senator
Second Worcester District
[/quote]


This Senator's email address is:
GGlodis@senate.state.ma.us.

TFlers please email and thank the Senator for his attention to this matter!
 
We are truly living in sad times. I can only hope and pray that when(not if) this retard strikes again it will be at the compassionate judge's immediate surroundings. Maybe then she will understand that she is not worthy of being called a human being. :mad:
 
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