Washington DC Criminal Defense Lawyer Blog

A man suspected of a 30-year-old D.C. sexual assault was recently convicted and sentenced to life in prison.

The 64-year-old defendant is alleged to have attacked the 25-year-old victim outside of her home after she returned from work.

Our D.C. criminal defense lawyers know that the kind of tactics employed in rape cases back when this happened in 1978 have evolved significantly - most notably with the advent of DNA.

In fact, that's what ultimately solved this cold case, which had been inactive until it was re-opened by the department's cold case unit in 2011. By that time, the defendant had been convicted of a burglary and sexual battery in Florida in 1999, so his DNA was entered into CODIS, which is the national DNA-tracking database. A swab taken from the victim back in 1978 matched the defendant.

Because of the kinds of changes that have occurred in these particular investigations over the last 20 years, the U.S. Department of Justice, back in 2004, issued national guidelines for forensic medical examinations in cases of sexual assault.

Now, the agency has updated those guidelines in its April 2013 National Protocol for Sexual Assault Medical Forensic Examinations for both adults and adolescents, the second edition.

At their core, the guidelines attempt to create uniformity among medical facilities, law enforcement agencies and prosecutors with regard to how sexual assault cases are approached.

A spokeswoman for the agency was quoted as saying that the biggest difference between this newer version and the original is that it takes a less prosecutorial tone. While the emphasis had previously been on pressuring the victim to cooperate with law enforcers to provide DNA samples, statements and other evidence, this new approach focuses on ensuring the mental health and well-being of the alleged victim.

In the immediate, this may seem to not affect defendants one way or another. But in fact, it does.

To begin with, an accuser who is reluctant may be hasty in revealing certain information or evidence that could be relevant to the investigation. This could potentially result in a mistaken witness identity or other issues that could later be problematic for the case.

Also, putting less pressure on accusers reduces the chances that false accusations may quickly spiral into an out-of-control situation, which the accuser may feel powerless to stop after a certain point.

Additionally, any delay in evidence collection may favor the defendant.

The other key thing this publication does is provide uniform approaches to forensic testing. That can be beneficial for defendants in a number of ways.

For one thing, it helps to ensure that defendants in districts that may have access to fewer resources won't be treated unfairly just because the testing standards aren't up to par.

Secondly, if those testing protocol are breached, it gives defense lawyers a good opportunity to challenge that evidence.

For example, one of the guidelines stresses the importance of secure storage sites for evidence that is potentially vulnerable to degradation. So let's say we're talking about a sample of wet blood or semen. These kinds of evidence require refrigeration. Urine, meanwhile, would ideally be frozen. There is also the expectation that the individuals working with samples be well-trained and knowledgeable about the potential vulnerabilities of such evidence. When the evidence is being transferred from one facility or location to another, there is the expectation that it will at all times remain preserved throughout the process.

If at any point there was a breach in the storage or if those who handled the evidence aren't as well trained as perhaps they should be, our defense attorneys won't hesitate to challenge the integrity of the evidence on that basis.

Continue reading "D.C. Defense Lawyers Review New Rape Investigation Guidelines" »

A defense lawyer for a D.C.-area landlord facing felony voyeurism charges was able to negotiate a plea deal to have those charges reduced to three misdemeanor charges of visual surveillance with prurient intent.

The highly-educated landlord/attorney was accused of installing video cameras in the smoke detectors of private apartments he rented to young women.

Our D.C. criminal defense lawyers know that it will be the difference between a maximum 18 months and three years in jail (15 years if those recordings had been disseminated).

According to the Washington Post, this incident happened in the Chevy Chase neighborhood of Maryland, just a half hour north of D.C.

Reports are that he leased rooms in a house to young women at significantly reduced rates. At some point, he had cameras installed in their bedrooms, usually in the smoke detector. He then reportedly watched that video from another location, copying recordings of the women in various states of undress or engaging in sexual activity.

This allegedly went on for years until one of the tenants happened to be reading an article about ways in which people hide surveillance cameras. The article noted smoke detectors.

She became concerned when she realized her own smoke detector didn't beep as it normally should during a power outage. She called her boyfriend over to help her look at it. That is when they reportedly discovered the camera, with wires that lead through the ceiling. The police were called.

Investigators found similar recording devices in the other units. While searching the defendant's home, they discovered video and photographs of all three tenants engaged in sexual activity.

The defendant initially faced seven counts each of using a camera without consent for prurient intent and visual surveillance without consent, as well as a single count of placement of a surreptitious surveillance device. He later agreed to plead guilty to the three misdemeanor counts, on the condition that the other, more serious charges be dropped.

The most he faces now is 18 months behind bars. He will learn his fate at a sentencing hearing this summer.

He is free on bond in the meantime, with conditions on that freedom, including that he is forbidden from advertising the lease of rooms in his home. He is also to continue to receive treatment, with reports of that treatment being forwarded to the judge prior to his sentencing.

Two of the women have already filed civil lawsuits against the defendant as well. With the criminal case still pending, he reportedly sent them a private text message, prior to their filing, saying he was willing to discuss settlement options with them before they filed civil claims, but not afterward.

Being an attorney, he should have known better than to contact witnesses in a pending criminal case. He is fortunate he wasn't charged additionally with witness tampering, even though his offer relates to the civil case.

Continue reading "D.C.-Area Felony Voyeurism Charges Reduced to Misdemeanors" »

The arrest of a D.C. Uber limousine driver, accused of raping a young customer, drew international attention, primarily for the fact that it involved a relatively new transportation service.

However, our D.C. sex crimes defense attorneys know that when it came down to pressing forward with charges, prosecutors just didn't believe it all added up.

It's a rare move for prosecutors, who almost always move forward on criminal cases based on the investigation of law enforcement. But there was an apparent lack of communication between the two agencies, given that police officials were announcing the criminal charges at a news conference outside headquarters at virtually the same time an official for the U.S. attorney's office held a similar press conference announcing no charges would be filed.

The driver was released soon thereafter.

The case is still reportedly under investigation, but according to the wife of the driver, who spoke to reporters, the accuser had made sexual advances toward the driver. It's not clear whether or not any sexual contact did in fact take place, but the woman's mother reportedly questioned her about what had occurred, and at that time, the woman reportedly falsely claimed she had been attacked.

Reports are that the 20-year-old accuser called Uber from a local bar, where she had reportedly consumed three alcoholic drinks and smoked a marijuana joint. The woman told police that after the driver had picked her up, he made several sexual advances toward her. She said she attempted to ignore them, but said as she got out of the vehicle, she said the driver grabbed her from behind, knocked her to the ground and then raped her.

A DNA test was done, but there has been no information provided as to what the results of those tests were.

During the police news conference, it was announced that the driver would be charged with first-degree sexual abuse. This charge, as found under D.C. Criminal Code 22-2002 and D.C. Criminal Code 22-3020, holds that sexual contact took place either by force or threat or in a situation in which one of those involved would not have been able to consent, usually due to some type of impairment. This is a deeply serious charge that carries a maximum of 30 years in prison and a fine of up to $250,000. The situation is worsened if prosecutors are able to show that there was some type of aggravating circumstance, such as the victim suffering a serious bodily injury.

Even if the ordeal is totally behind the driver, he has already lost his job, his employer having fired him after the allegation was made several months ago.

While we don't know what prompted prosecutors to reach the conclusion we did, there are several possibilities. One would be that the accused was not a reliable witness. She was certainly intoxicated to some degree, and there may be other credibility issues we don't yet know about. Secondly, the DNA tests might not have returned results that would have assisted the prosecution in its case. A lack of that in a case that was supposedly so cut-and-dry would really hurt the prosecutor's chance of success. And finally, there is the possibility that it simply wasn't true, and all the facts proved that before it ever got to to the arraignment stage.

Continue reading "D.C. Rape Charges Dropped Amid Clash With Prosecutors, Police" »

A new report by Human Rights Watch alleges that D.C. police failed to investigate some 170 rape cases in the last three years.

The police chief has responded that the group's assertion is based on a fundamentally flawed understanding of the department's statistics.

Our D.C. criminal defense attorneys realize that if the advocacy group's accusation is true, it could serve to undermine the reliability of police investigators in future sexual assault cases. A department that potentially cherry-picks the cases it will pursue with investigative resources can't be trusted in a court of law to provide impartial details in the cases it does take on.

It's worth noting that the incidents of reported sexual assaults in D.C. spiked by more than 50 percent in a single year from 2011 to 2012.

The advocacy group said its findings, which will be formally released late this month, were based on reports made by women who were treated at the local MedStar Washington Hospital Center between the fall of 2008 and the fall of 2011. Of the 480 cases in which women claimed sexual assault, about 35 percent were not documented as such in initial police reports. Neither were those cases given file numbers, which are typically used for tracking.

The problem with this for defendants is that if cases are ever brought to trial, investigators may have wasted critical time in uncovering evidence that could have potentially led to an exoneration. The longer a case remains stagnant, the higher the probability that valuable evidence may be lost forever. This is more true in sexual assault cases than perhaps any other.

In one 2010 case, the file was closed and then re-opened more than nine months after the fact.

As we recently reported in our D.C. Criminal Defense Lawyer Blog, forensic evidence is already vulnerable to contamination and misinterpretation. The potential for this is even greater the more time passes.

The advocacy group has said its 200-page report will include anecdotal narratives from alleged female victims who report their claims either weren't investigated properly or taken seriously. Specifically, alleged victims who had been consuming alcohol or who were unable to recount exact details of certain circumstances were dismissed.

Cases in which the alleged victims did not want to talk to police or have a report filed were not included in the research.

The police chief says the advocacy group is out to garner headlines and that it abused the department's trust after being given an unprecedented amount of access to records. However, the group contends it only got the files after it successfully sued for them.

Still, the chief has said since word of the report first became public, her agency has changed the way it files reports on sexual assault cases, filing reports on every single case - regardless of whether there is substantiation - and then adding the distinction of whether it is a full-blown case or merely an allegation.

But this too could pose problems for individuals accused. Now, for potentially unsubstantiated claims, there will be a public record of extremely damaging accusations against the suspect on file and subject to review by anyone.

The chief said the department also plans to create a website that will allow alleged victims who believe their cases were not handled properly to file a direct grievance. Additionally, all prior sexual assault complaints made between 2008 and 2011 that were classified as either "informational" or "miscellaneous" will be reviewed by two detectives.

In the end, this could mean even more sexual assault arrests made in the near future.

Continue reading "Report: D.C. Sex Assault Cases Botched By PD" »

A 19-year-old suspect in a series of D.C. sexual assaults has reportedly admitted to at least two of the crimes of which he is accused, according to media reports.

As a D.C. criminal defense lawyer, I wanted to highlight this case because it's an example of what not to do after you are arrested. The defendant in this case had no attorney and, when questioned by police, gave a full confession. As a result, he has essentially handed the case to prosecutors with a red holiday bow tied on top.

Here's what reportedly happened, according to court records:

In the first case, the accuser indicated that she answered a knock at the door around 2 p.m. one day. A man was standing outside and reportedly pushed his way inside her apartment in Northeast Washington. Once inside, he reportedly knocked her to the floor, attempted to sexually assault her. He then allegedly punched, kicked and stabbed her. She suffered wounds to her face, back, legs and head. He left her on the floor unconscious. She was listed in critical condition, though expected to survive.

A week later, police reported that the same defendant went into a female dorm at Howard University and pushed his way into a woman's room. He then reportedly struck her, brandished brass knuckles with a sharp blade and began to sexually assault her. When she yelled for him to stop, the defendant reportedly stopped. He then grabbed a piece of paper, wrote an abbreviation of his name and his cell phone number on it. He left the piece of paper in the room and then left.

Police were able to use this information, in combination with surveillance video from the earlier incident, to arrest the 19-year-old suspect.

Upon his arrest, he told police that he had only attempted to rob the first woman. In the second incident, he maintained the encounter was consensual.

Students at the dorm told police a man fitting the defendant's description had been loitering in the area on numerous occasions, but had always departed when told.

The defendant is charged with assault with intent to kill, assault with intent to commit first-degree sexual abuse and first-degree sexual abuse. These are all very serious crimes for which the defendant is facing a lengthy prison sentence.

First-degree sexual abuse alone, under D.C. Criminal Code 22-2002, can carry a life sentence and a fine of up to $250,000. Essentially to prove this crime, prosecutors have to show that the defendant engaged another person in a sexual act, either by actual physical force or by threat of force that placed the other person in reasonable fear that failure to do so would result in death or serious injury. It also may involve rendering the other person unconscious through the use of a chemical or drug in order to sexually assault that person.

Upon your arrest, police are required to read you what are known as "Miranda Rights," and included in these is your right to remain silent, with the advisement that anything you say or do can and will be used against you in a court of law. This is essential to keep in mind, particularly when you are facing such grave charges.

There are ways that confessions can be refuted in court, but it can be tough. So the general advice we give everyone arrested in a crime is this: Stay silent, except to demand an attorney.

Continue reading "D.C. Defense Lawyers Advise Sex Crimes Defendants to Remain Silent" »

A former teacher's aide and cheerleading coach has pleaded guilty to charges that she gave birth to the child of a 17-year-old student.

D.C. criminal defense lawyers understand that while there may have been no actual force involved in the encounters, the teen's age, coupled with the fact that the woman was a person in a position of authority, makes the sexual contact a crime. Specifically, she has pleaded guilty to attempted second-degree sexual abuse of a secondary education student.

For this, she faces up to 1 year in jail and a requirement to register as a sex offender for at least 10 years.

Not every instance of consensual sexual contact between an adult over the age of 18 is considered a crime. Generally, if the adult is at least four years older than the minor or if he or she is in a position of authority over the minor, sexual contact can be considered criminal.

However, if the minor is under the age of 16 and particularly if he or she is under the age of 12, it is held that he or she is not able to consent to sexual contact with an adult under any circumstance.

These are cases for which you must have an experienced criminal defense lawyer advocating for you. Although in this case, the defendant faces up to a year in jail, sometimes the penalties can be much harsher, depending on the circumstances.

According to the D.C. U.S. Attorney's Office, the 30-year-old worked as a teacher's aide and youth program supervisor. This was reportedly how she met the minor, who was 17-years-old at the time and was a student at a different school.

Their relationship reportedly began back in the late summer of 2010, shortly after the student's participation in the program the defendant was supervising had ended. The relationship reportedly continued through the spring of last year.

The defendant reportedly attended the teen's basketball games, picked him up from school, took him out to dinner and showered him with gifts such as clothing and shoes.

The prosecutors contended that the defendant urged the teen not to tell anyone about their relationship until after he turned 18. The encounters occurred, she told investigators, almost every day, mostly at her residence but in some cases at his home.

Throughout the course of their relationship, the woman reportedly became pregnant on two occasions. It's not clear what happened with the pregnancy during the first instance, but in the second instance, she carried the child to term and gave birth. In both instances, she informed the teen that he was the father. The teen reportedly tried to end the relationship before she became pregnant a second time, though he continued to engage in a sexual relationship with her.

After the child was born, a biological test confirmed the child was fathered by the teen.

She was subsequently arrested last month.

The plea deal comes relatively quickly after the arrest. Many sexual assault or sexual abuse cases can take months, if not longer, to resolve. If this case had gone to trial, it almost certainly would have taken at least that long.

However, the defense was likely eager to negotiate a plea deal, as a conviction was probable, given the DNA proof from the child that the two had engaged in a sexual relationship. Had the case gone to trial, she might have faced up to 10 years behind bars.

Judges and prosecutors tend to be more lenient in cases where the alleged victim was older and the encounters were consensual, but the penalties can still be severe, and the requirement to register as a sex offender can haunt you well into the future.

Don't leave your case to chance.

Continue reading "Former Aide, Cheerleader, Pleads Guilty to D.C. Sex Crime Involving Minor" »

Authorities in Fairfax County are searching for a man they suspect is connected to a series of sexual assaults there.

D.C. criminal defense attorneys understand that teens and young women have reported being approached and groped by a man described by police as a shorter Hispanic man with a trimmed beard in his 30s who wears a black-and-white bandana and/or a red baseball hat.

Of course, that may fit the description of a lot of people in the area, and clothing is not an especially great identifier as it is so easily changed. Facial hair, too, is not necessarily a good identifier, unless it is particularly unique.

Police have released a sketch of the man they believe is responsible for each of the attacks, which have occurred on a regular basis in that area since mid-September.

The youngest alleged victim was 15, while the oldest was 40 - all female. One woman said she was attacked while walking home with her young daughter.

The suspect is accused of approaching the women, cornering them, fondling them and then fleeing when they yell for help.

Many of these incidents occurred in the evening, when it began to get dark. This means that barring some form of surveillance footage, it may be difficult for authorities to catch the man unless he is caught again in the act. Witness testimony is often unreliable, particularly when a good visual is obstructed by darkness. It doesn't mean the attacks didn't occur, it just means that making sure to identify the correct suspect may prove challenging. The burden of proof, as always in criminal cases, lies with the prosecutor.

Sexual abuse charges in D.C. can be filed in four different degrees, or levels of seriousness.

The first of those is first-degree sexual abuse. This charge is the most serious, and it requires prosecutors to prove that a person engaged in a sexual act with another or caused another to engage in sexual act that was either with the use of force or the threat of force. This could be anything from physically holding someone down to rendering them unconscious with a chemical substance to threatening serious physical harm or death, whether or not they actually carry out that threat. A person found guilty of first-degree sexual abuse faces a prison sentence of up to 30 years and/or a fine of up to $250,000.

Second-degree sexual abuse is similar, except that it does not require the accused to have participated in rendering the alleged victim unconscious or unable to consent. It merely requires that the person took advantage of a person who was unable to refuse participation. This may also be charged if the offender threatens to harm the alleged victim. This offense carries a maximum sentence of 20 years behind bars and/or a fine of up to $200,000.

The other thing that these two charges have in common is that they require a sexual act, i.e., penetration.

For accusations of unwanted sexual contact or touching, as in these cases, third and fourth-degree charges are more appropriate. Third-degree involves forced sexual contact or sexual contact that is engaged in on the basis of threat of harm or that is carried out by rendering a person unconscious. The fourth is similar, except that it doesn't require that the individual actually acted in making the person unconscious. These charges carry penalties of up to 10 and 5 years, respectively.

Continue reading "Sex Assault Suspect Sought in D.C./Fairfax County Area" »

An ex-nurse's aid who had been accused of sexually assaulting two incapacitated residents at a nursing home in Virginia pleaded guilty to two counts each of assault and battery.

D.C. criminal defense lawyers understand that in exchange for this plea, the penalties for the 47-year-old were minimal: a 12-month, suspended sentence in jail and a $100 fine on each count.

The laws for sexual assault vary from state-to-state, but generally, the sexual assault of an incapacitated person tends to bring about more serious penalties. IN D.C., for example, D.C. Codes 22-3001-3101 address the issue of sexual abuse. A person may be charged with sexual abuse in the second-degree if he or she knows or should have known that the alleged victim was incapable of giving or communicating consent or declining participation. (The difference between this and first-degree sexual assault is that the defendant must have participated in rendering the individual unconscious or otherwise unable to consent.) Still, the charge is serious and can result in a maximum prison sentence of 20 years and a fine of up to $200,000, under D.C. Criminal Code 22-3003.

So why was this individual able to serve virtually zero jail time, despite the conviction?

It probably comes down to proof. Although he pleaded guilty, prosecutors likely knew that had the case gone to trial, the solid proof of the crime was likely minimal.

The alleged victims may not have been able to get up on the stand and clearly testify before a jury about what happened.

Police in Virginia began investigating the aide amid accusations that he had molested several of the residents. (Police have also charged administrators at the home with failing to report those assaults to authorities.)

The nursing home reported to police two allegations against the former employee, even though one of those had been deemed unfounded. However, information on a third allegation involving another female resident was not provided to authorities.

In the latter case involved a woman who was paralyzed on her left side after suffering a traumatic brain injury two decades ago. A nurse who was conducting therapy for the patient reported that she saw the aide leaving the room and when she entered, the woman was extremely upset. It was later alleged in broken communication that he had attempted to force her to perform oral sex on him.

Authorities at the home met with the accuser for a half an hour and determined there had been no wrongdoing.

But the evidence that was provided to authorities (only after a family member of the woman called police) was primarily circumstantial in nature. The fact that the aid was seen leaving the room and the resident was subsequently upset does not necessarily mean that a sexual assault occurred. Or even if it did occur, the proof is severely lacking.

In the other case, the former aide was charged with felony aggravated battery and misdemeanor sexual assault against another woman, who reportedly accused him of fondling her.

Continue reading "Sex Assault Defendant Gets Suspended 1-Year Sentence, $400 Fine" »

A recent column by a Washington Post columnist lamented that groping is "a crime, not a misdemeanor."

Washington D.C. criminal defense lawyers want to point out that a misdemeanor is, in fact, a crime. And despite the fact that the court will not appoint you a lawyer for misdemeanor cases, you may still face serious consequences, and you will need an experienced legal advocate who is looking out for your best interests.

The case in question involves a male bicyclist accused of groping numerous women while he zoomed past. One woman's highly-publicized report of an incident in Dupont Circle resulted in a handful of other women coming forward to report similar experiences to police.

After police interviewed numerous witnesses, they began reviewing hours of surveillance footage of the areas where the alleged assaults were reported to have occurred. It was in the course of this aspect of the investigation that detectives were able to identify the suspect.

They then questioned him, and he reportedly confessed to the offenses for which he was accused, as well as potentially eight other offenses.

As a result, he was charged with misdemeanor sexual abuse. D.C. Criminal Code 22-3006 defines misdemeanor abuse as a person who engages in either a sexual contact or a sexual act with another person when the offender should have known that he or she did not have the other individual's permission.

One common example of misdemeanor sexual abuse might be unwanted groping of passengers on the Metro.

The maximum fine for a single count of misdemeanor sexual abuse is 180 days in jail and a $1,000 fine.

This is what the columnist takes issue with. Her stance is that misdemeanor sexual abuse is not harsh enough, and that under current sentencing guidelines, someone who commits theft from a vending machine will get a harsher penalty (potentially up to three years).

D.C. defense attorneys might alternately argue that the penalties for vending machine theft are too high.

As it stands, the 31-year-old defendant in this case is charged with four counts of misdemeanor sexual abuse. That is a maximum penalty of up to five years behind bars.

By contrast, a fourth-degree felony sexual abuse charge is defined as unwanted sexual contact that involves reasonable fear of injury or a victim who is unconscious. Punishment for this offenses is up to five years in jail.

So felony or misdemeanor - in this case, the defendant is facing serious criminal charges. Even though a misdemeanor conviction is considered relatively minor, it can affect your future employment prospects - particularly if your alleged crimes were of a sexual nature.

Given the amount of proof police have, with the videotaped evidence and confession, it may be wise for this defendant's attorney to work toward some sort of reduced plea deal.

As he awaits his next court date, he's been ordered to stay away from the accusers and has been sent to live in a halfway house.

While this case is somewhat unique, the fact is a large majority of cases like this are the result of either misunderstandings or mistaken identity. They are difficult for prosecutors to prove, absent either multiple witnesses or surveillance video. Many defense attorneys have successfully had charges in cases like this reduced or dropped on these and other grounds.

Continue reading "Misdemeanor Crimes in D.C. Can Still Have Serious Consequences" »

A sexual assault reported by a female jogger on Capitol Crescent has prompted investigators to seek the public's help in locating the suspect.

D.C. criminal defense lawyers know that this case is somewhat unique in that most allegations of sexual assault are made by someone who knows the alleged victim. Stranger attacks, while they do happen, are pretty rare.

That said, one thing that most sex crimes cases have in common is a heavy reliance on DNA evidence. Prosecutors use DNA evidence to prove that there was some contact - presumably sexual - between the victim and the defendant.

When DNA is present, the defense is two-pronged:

1. Does the mere fact that there is DNA present prove that a crime occurred?
2. How reliable is that DNA evidence?

With regard to sex crime allegations in which the two individuals know each other, it's not enough to show that they had contact with each other. Obviously if they knew one another, the fact that one's DNA is found on another doesn't necessarily prove anything - particularly if the two were dating or in an otherwise romantic relationship.

Prosecutors have to have a fair amount of circumstantial evidence, and a big part of that is eyewitness testimony. The truth of the matter is, eyewitness testimony is notoriously unreliable. We are just now - through DNA evidence - finding that cases that were tried 10, 20, 30 years ago or longer that resulted in convictions based on eyewitness testimony were completely faulty.

That's not to say witnesses lie. Of course, sometimes they do, but more often than not, they want to help investigators. They want so badly to help solve the crime that they won't readily admit that they truly didn't see the person's face or other features clearly. A good investigator will be able to tell when a witness isn't solid, but sometimes, they want to solve it as badly as the witness, and they allow that to get in the way of their objectivity.

Now with regard to sexual assaults involving supposed strangers, there are a couple of things to keep in mind. One is that just because two people don't know each other well doesn't mean a consensual sexual encounter was impossible, particularly if alcohol was involved.

And secondly, DNA evidence isn't fool-proof. It's considered the gold standard by law enforcement and prosecutors, and it's true that a large number of defendants have been convicted in cases where there was strong DNA evidence. But more and more, the public has been made aware of issues of contamination, improper methodology and faulty tests. Cases in Texas, for example, caused an entire lab to shut down for a time due to contamination issues.

It hasn't been raised as a point specifically in D.C., but it's always a possibility.

On the flip side, DNA can call into question other sources of forensic evidence, such as fingerprints, bite marks and firearm ballistics.

In this case, the alleged victim reported she was running along the trail around 9:15 p.m. when she was attacked from behind and placed in a choke hold. She reportedly lost consciousness for a time, and awoke to the suspect fondling her.

It remains to be seen what role, if any, forensics will play in this case.

Continue reading "Investigators Seeking D.C. Sex Attack Suspect" »

Yet another instance of exoneration of a sexual assault conviction in D.C., based on DNA evidence.

D.C. criminal defense attorneys are always pleased when the truth is finally exposed - but are profoundly disappointed that such a conclusion wasn't reached in this case until after the defendant had served 22 years in prison.

The moral of this case, as well as all others like it, is that if you're charged with rape, robbery or any felony, you absolutely can't afford to gamble with your future by hiring a lawyer with inexperience or relying on the public defender's office. You can't assume that your innocence alone will be enough to clear your name.

In fact, this case represents the third in the District of Columbia since 2009 in which a man convicted on charges of rape or murder has had his charges vacated after it was revealed that either erroneous expert and eyewitness testimony or flawed forensics was involved in the original trial.

An innocent person should never make the mistake of assuming that just because forensics are more advanced today than they were 20 or 30 years ago that it will be enough to secure a not guilty verdict. Circumstantial evidence - no matter how skewed - can still be a powerful tool for prosecutors, and your attorney is often your last line of defense.

In this case, the defendant was convicted for the 1981 rape and robbery of a woman inside her apartment on Capitol Hill. During his 1982 trial, he vehemently denied the charges and maintained his innocence.

He was convicted anyway, at least partially based on the fact that the alleged victim identified him personally.

He served 22 years before his release in 2003, but was ordered to register as a sex offender on parole until 2047.

In 2011, he sought advanced DNA testing in the case, and was granted his request - which proved he was an innocent man.

The official exoneration, handed down earlier this month by D.C. Superior Court Judge Herbert B. Dixon, allows the now-50-year-old defendant to be free from parole, sex offender registration and also allows him the ability to seek compensation from the government for his wrongful conviction.

What this case also illustrates is the faulty nature of eyewitness testimony. Though the alleged victim had clearly pointed to him as the perpetrator, it's now known that there is no way it could have been him.

Such errors have led to legislation in other states that has prohibited photo line-ups presented to victims from being conducted by detectives who are familiar with the case. But similar legislation has been struck down by the D.C. Council two times since 2008.

Both the FBI and the U.S. Justice Department announced this month that they have begun a review of thousands of criminal cases over the last several decades, dating back to 1985, in an effort to determine whether any have resulted in wrongful convictions. It's the largest undertaking of its kind, and will have a nationwide impact.

But of course, this is all happening years after the fact. There is no substitute to getting it right - and getting the right lawyer - the first time.

Continue reading "D.C. Rape, Robbery Exoneration: Get it Right the First Time" »

The mental competency of a D.C. sex crimes suspect is in question as he awaits trial in connection to at least 12 rapes and other crimes over the last 10 years.

D.C. defense lawyers understand that those representing this individual had pressed for a second exam to explore his mental competency, after his last exam determined he was malingering, or exaggerating and faking his condition as a way to get out of being prosecuted.

Defense attorneys for the 41-year-old defendant say his condition has worsened, and that they worry that he is not fully comprehending the charges and proceedings against him.

It's true that lacking mental competency can be successfully argued as a defense to a crime - even a violent one - but it requires an attorney with skill, experience and who is dedicating the proper resources to the case.

In this case, the defendant's attorneys said that since he was moved to a new jail facility earlier this year, his behavior has become increasingly erratic. Not only is he refusing to cooperate or even speak with his lawyers and mental health professionals, he is also cutting himself - something known as self-mutilation.

When the defendant was present in court, he repeatedly interrupted his attorneys, asking the judge to address the court. The judge did not allow him to speak, and he was ultimately taken out of the courtroom.

Among the crimes of which he is accused were the 2009 rapes of two teenage trick-or-treaters. He allegedly kidnapped three of them, forcing them into a wooded area before raping two and then fleeing as police arrived.

DNA evidence found at that scene reportedly linked that attack to others in Rhode Island, Connecticut, Maryland and Virginia, going back all the way to 1997. He has been indicted in a sexual assault that took place in Leesburg and could face charges in Prince George and Fairfax counties. He was being held in Connecticut, but was then transferred to Virginia after prosecutors there said they would allow Virginia's case to move forward first.

All of these states are going to have various statutes with regard to how they can punish him. In D.C., the crime of first-degree child sexual abuse falls under D.C. Statute 22-3008. This allows that anyone who is 4 years older than a minor and engages in a sexual act with that minor can be found guilty, and serve up to life in prison. This is a Class A felony, but a judge has a lot of discretion in terms of the sentence that can be imposed. This statute allows that a person can be "imprisoned for any term of years or for life." However, for a sentence of over 30 years, the crime has to meet certain criteria, as laid out in D.C. Statute 22-3020.

Either way, you certainly understand that these are serious charges.

If it's proven that you, as an adult, committed a sexual act with a person identified as a minor, the only valid defenses under D.C. Statute 22-3011 are that one of your ages is in question or mistaken or that you are married or have a domestic partnership with the child (and there are certain criteria one must meet to prove this).

Mental incompetence can be a defense in certain situations, but even in those cases, you may be sent to a mental hospital until such time as you are deemed well - which could be years, or even decades.

It depends on the circumstances. Faking it almost never works, and blocks your defense attorneys from gathering information that could be critical to your defense.

Continue reading "Mental Competency in D.C. Sex Crimes Case: It Doesn't Pay to Fake It" »

A former elementary school employee has pleaded guilty to 22 sex crimes in Manassas, the Washington Post reports.

D.C. sex crimes defense lawyers understand that in cases like this, where there are multiple alleged victims and witnesses, focusing on aggressive negotiations for a favorable plea deal are sometimes the best option.

In this case, a trial could have meant two life-in-prison sentences, plus another 210 years. By agreeing to this plea deal, on the other hand, the defendant faces between 20 and 30 years in prison (exactly how much will be up to the judge), and prosecutors have agreed to drop 45 of the charges that were pending against him.

That's still an awful lot of time, but this was an individual who, prior to the deal, would have risked losing his freedom for the rest of his life - period. Now, he may be quite old upon his release, but there's still a chance he will be released.

According to the Post, the 48-year-old defendant reportedly accepted responsibility for sex crimes involved at least eight young males over the course of several decades.

The episodes reportedly date back to the early 1980s, and involve sexual encounters with preteen boys and teenagers.

The defendant reportedly started his career as a kindergarten aid in 1981 and then was later promoted to assistant librarian. He also was responsible for an after-school gym program, as well as the safety patrol program. Additionally, he was active in the summer parks and recreation department activities.

In each of these positions, prosecutors said, he met potential victims, although the alleged abuse happened only at his residences.

It's been more than a decade since the defendant even worked at the school, however. He resigned way back in 1999, amid rumors of several inappropriate relationships.

Since then, the defendant had reportedly lived in relative obscurity until the explosive sex-abuse scandal involving Penn State coach Jerry Sandusky first began to gain steam. It was then that an alleged victim in this case contacted authorities, who launched an investigation and reportedly ended up finding at least 10 alleged victims.

It would seem that proving the case would be a barrier to pressing forward with a prosecution. And indeed, that may have played at least part of a role in the plea bargain that was struck.

However, there was at least some evidence, after police monitored a phone call between the defendant and one of the alleged victims - some 10 years after they had last spoken.

In some of the alleged acts that occurred earlier, investigators said the defendant was violent toward his victims. In later instances, he was more manipulative.

Although prosecutors have recommended a sentence of between 20 to 30 years, a judge could still impose a harsher penalty. That's definitely possible, given that a number of victims are set to speak at his sentencing hearing. It's expected that the testimony they will give will be highly emotional.

A judge may consider, however, that the defendant's willingness to take a plea deal, thereby waiving his right to trial, as an act of mercy and remorse, to spare his alleged victims the emotional toll of a trial. That, too, may factor into his ultimate sentence.

Continue reading "Child Sex Crimes in D.C. Suburb Result in Guilty Plea, Shot at Freedom" »

A Capitol Heights sex crime has resulted in an 8-year prison sentence, after a former deacon was convicted of sexual assault of a prostitute at gunpoint.

Capitol Heights defense attorneys understand the 27-year-old defendant had pleaded guilty two months ago to first-degree sexual abuse, as defined in D.C. Code 22-3002, and possession of a gun while committing a violent crime.

In an interesting twist, the defendant, a church deacon at the time of the 2007 offense, was reportedly applying for a job as a police officer with the Baltimore Police Department.

Here's what we know of the case, according to court records, media reports and U.S. Department of Justice releases:

The suspect reportedly picked up a 23-year-old prostitute in downtown Washington D.C. He reportedly agreed to pay for sexual services from the woman, and the two ended up parked near 10th and O Streets NW. Before the prostitute would engage in the sex act, she requested upfront payment.

Now it's important to note that up to this point, both of the individuals could have potentially been arrested for prostitution or solicitation of prostitution. For a first offense, you're looking at a $500 fine and up to three months in jail. Penalties go up from there.

However, it's what happened next that drew such attention.

The deacon reportedly pulled out a gun, pointed it at the woman's head and said he did not intend to pay for the sexual acts. She later told investigators that she complied with his demands, as she feared for her life.

Afterward, the man released the victim. He then drove back to the area where he had originally picked her up. There, she and a friend saw his car and called police.

He was eventually stopped a few blocks from his home. His lawfully-purchased handgun was found in his car.

As this was a clear he-said-she-said scenario, what became a critical piece of evidence for the prosecution was a condom the defendant had used during the incident. His DNA was recovered from that condom.

He has been in custody since his arrest in 2007. A jury found him guilty way back in 2008 on charges of first-degree sexual abuse with aggravating circumstances, possessing a firearm in the commission of a crime of violence, possession of an unregistered firearm and carrying a pistol without a license.

The defendant then appealed part of that verdict, based on instructions that the trial court gave to jurors prior to the decision.

It was just last month that he pleaded guilty to two of those crimes mentioned above.

With time-served, he could be released by 2015.

Continue reading "Capitol Heights Sex Crime Nets 8-Year Sentence for Former Deacon, Cop Candidate" »

A new campaign has been launched by the transit authority to reduce instances of sex crimes on D.C. subways.


Washington D.C. sex crimes attorneys don't deny that instances of sexual harassment and abuse sometimes occur on the Metro.

However, statistics may be overinflated, and these cases are difficult to prove. Just brushing up against someone - easy enough to happen innocently on a packed train - can result in allegations of a sex crime. But there are a lot of elements that need to be in place in order for prosecutors to secure a conviction. Having an experienced defense attorney on your side to analyze all the unique circumstance of your case is your best hope of avoiding a lengthy prison sentence, as well as the stigma that follows someone who has been accused of a sex crime.

The campaign, on which the Metro partnered with the advocacy group Collective Action for Safe Spaces, will be formally launched April 2. It informs riders "It's not Ok," meaning verbal sexual harassment or groping. An e-mail and website have even been established in order for alleged victims to report allegations. And despite the fact that the campaign isn't even formally underway yet, there are already four complaints that have been logged and that are under investigation by Transit police, according to MyFoxDC.Two of those complaints are for verbal sexual harassment, one is for simple assault and the fourth is for indecent exposure.

A similar public awareness campaign was launched in Boston in 2008. Since then, the Boston transit authority reported an alarming 32 percent increase in the number of complaints and a 40 percent increase in the number of arrests for battery and indecent assault.

Organizers of the campaign say that's proof that the campaign works. However, what's not being considered is whether some of these cases go too far. Last year, the Metro reported 84 cases of harassment or sexual assault. What they don't tally at this point is verbal harassment, though they are now going to start.

The danger here is that you could face prosecution for complimenting someone, if that compliment makes someone uncomfortable. As one advocate of the program put it, it is "unacceptable to make comments that are unacceptable to other people with regard to sexual comments."

But who is to say what exactly crosses the line? A compliment is a suggestive thing. What could be considered welcome to one person might not be to another. Does that make the action criminal?

Certainly, unwanted sexual touching is considered a crime (usually, a misdemeanor sexual abuse under D.C. Criminal Code 22-3006), but what if the touching was unintentional or misinterpreted? If there are no other witnesses, it becomes your word against someone else's. That's where having a skilled defense attorney is going to become crucial.

Penalties for misdemeanor sexual abuse - in which the state must prove the person engaged in sexual contact with a person when they knew or should have known they did not have permission to do so - could result in a maximum fine of $1,000 and 180 days in jail.

Continue reading "D.C. Criminal Defense Watch: Sex Crimes on Metro Targeted " »