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Subscribe to RSSProsecutors have taken the unusual step of detaining an alleged teenage rape victim who has a history of running away, saying she is a key witness against a man prosecutors say is a career criminal and serial rapist.
Victims' rights advocates are joining the 17-year-old foster child's attorneys in arguing that her detention, upheld three times by two superior court judges, could discourage other victims from reporting sexual assaults.
Moreover, they say the detention conflicts with laws governing the well-being of foster children, and with Marsy's Law, a victims' rights initiative approved by California voters in November 2008.
"This is a very rare step for us. It's really the last thing we want to do, but we do feel that there is a public danger that has to be balanced here," Sacramento County Assistant District Attorney Albert Locher said Monday.
"We believe it's important to balance the protection of the community in the process here, and that is done by ensuring a conviction and ensuring that this defendant will not have the opportunity to harm someone else in the future."
The girl has been held in juvenile hall since March 23. Her attorneys are proposing that she be released to a foster or group home with a GPS ankle bracelet. Her next detention hearing is scheduled for April 16, but they hope to move up the hearing to get her released earlier.
"She's being treated like a criminal without having done any criminal act. In fact, she's the victim," said attorney Lisa Franco, who is challenging the decision to hold the girl as a material witness to ensure she appears at the trial of Frank William Rackley Sr., 37.
"This is just sending a chilling effect out there for people not wanting to report crimes and rapes. In the larger scope of things it's going to give other people more chance to commit crimes because people will be afraid to report."
The Associated Press did not name the girl because of her age and because she is an alleged sexual assault victim, though her attorneys said she has been identified in court papers and in open court.
Franco said her client recognized the swastika tattooed on Rackley's chest, NBC News affiliate KSBW.com reported. She and prosecutors said his DNA was found on her client after the then 16-year-old girl was abducted from a Sacramento light rail station on July 22.
Sacramento attorney Amina Merritt, who represents the girl's interests as a foster child, said her client is now willing to testify against Rackley.
"She is at risk and that is the reason she did not testify previously. She's afraid, she's afraid for her life," Merritt said. The girl is a different race than Rackley, and fears that others with a racial hatred might harm her even if Rackley is behind bars, Merritt said.
Sandra Henriquez, executive director of the California Coalition Against Sexual Assault, known as CalCASA, said this is the first time in her 20 years of working with victims that she has seen one incarcerated.
"We're potentially sending a message that our concern over public safety supersedes our concern over a particular victim," she said. "We could also be jeopardizing public safety if fewer victims come forward."
The Associated Press reporter Don Thompson and NBC News affiliate in California KSBW.com contributed to this report.
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This is absolutely ridiculous! This girl should be released immediately...she's already been raped and traumatized and now the judicial system is raping her again by this unlawful detention, that violates the US Constitution, "no persona shall be deprived of life liberty or proerty without due process of law." This is horrible, I hope she sues the rapist and the prosecutor
agreed, she has suffered thru enough without having rights stomped on in the process. I understand the desire to get this guy in prison for a long time, but there has to be a better way.
If she takes off and misses the court date this rapist will go free and some other girl or girls will be raped so there's a lot more a stake than just a little inconvenience of being held. Besides this girl is a minor who has a history of running away. I've known kids who've been sent to training school for running away.
It sounds like she feels safer in custody, until the trial is over. Has anyone asked her? She's 17 years old, when will she turn 18? Is she eligible for witness protection?
This is what I was referring to: "Sacramento attorney Amina Merritt, who represents the girl's interests as a foster child, said her client is now willing to testify against Rackley.
"She is at risk and that is the reason she did not testify previously. She's afraid, she's afraid for her life," Merritt said. The girl is a different race than Rackley, and fears that others with a racial hatred might harm her even if Rackley is behind bars, Merritt said."
A public danger? How so if the accused is in detention rather than the victim?
What this is really about is the win/loss record of the prosecution. They are concerned that she may not be there to support their case.
Rather than have her protective custody for her safety they have her in detention for the public's safety?
One of the basic premises of our country is the rights of the individual. How much of a police state is the
USA becoming. You just don't hold people in jail for the benefit of the state. If the girl was treated as an important person and given protective custody vs being treated like a prisoner she might have more self worth and want to punish the jerk who violated her.
Being locked up only ensures she is present for trial. It does nothing to force her to make statements useful for conviction.
Look, apparently the "CHILD" is 17 and a ward of the State cause she cant follow the rules and the laws herself. I say quit sticking up for her. She is a constant runaway and we need to start doing something to assist parents in the "RUNAWAY" program rather than just slap these kids on the hands.
Shows how far prosecutors will go to get another feather in their hat, or conviction. The defendants and in this case the victim aren't always treated fairly by the self consumed prosecutors. Just think of all the defendants wrongly convicted spending years in jail while the prosecutors enjoy their bonuses and wage increases based on them.
This is the Typical Liberel left of Cally..
The needs of the many out weigh the needs of the individual. Doesnt matter if it tramples on our Constitutional Rights or not.
Gotta be 18 to get the rights.
murlut1. Shame on you. The article does not say she was put in foster care because she was a run away. She was probably running away from foster care. Shame on the state also. We hold the victims now. Where in the hell is the jerk going on trial. Probably roaming the streets?
Jeremy, no the needs of the many do not out weigh the needs of the individual. However, on Star Trek it is "the needs of the many out weight the needs of the few". I hope you were being sarcastic. Couldn't really tell except for the Star Trek quote.
Throw em in jail for your own prosecution needs. What about her needs after a rape. Cut off access to birth control. Next women will be forced to give birth in jail if they want to abort. A war on caterpillars... NO a war on women... gotta keep em in line.
Why is it that dolts like you can politicize ANYTHING! Man give it a rest. In NYS people are routinely held as material witnesses because of reluctance to testify. Sometimes it IS a matter of public safety.
Doesn't make it right. What is she going to do... Go out and get raped again?
Well what about the police that are not held to the same standard? Like all the witness'(police) in the beating of UofM student John McKenna. There were atleast a dozen cops that not only stood by and watch but also have failed to come forward to testify against the three perps(cops) that beat him, filed false charges and withheld medical care. I feel that any cop that just stands by and does nothing while another cops or cops are beating an individual should be charged as an accessory.
So now this case in CA will set set precedence for furure rape victims. If the cops or DA feel the victim may not want to testify or testify the way they want them too, heck just lock them up. Boy we really are turning into country ruled by Sharia Law.
"This is absolutely ridiculous! This girl should be released immediately...she's already been raped and traumatized and now the judicial system is raping her again by this unlawful detention, that violates the US Constitution, "no persona shall be deprived of life liberty or proerty without due process of law." This is horrible, I hope she sues the rapist and the prosecutor"
As I understand it, this has not been done lightly..while she is certainly a victim, she has been afforded due process of law. If this alleged rapist went free because she was not there at his trial, you would all be screaming about how the court system was so much better way back when. I would much rather see her in protective custody.
Zuksam, you're looking down the road, but you need to look further still. Victims of rape, especially young ones, will be more reluctant to come forward in the future because of this. It may or may not solve the immediate problem, but it will cause many more problems down the road.
This girl is apparently a habitual runaway and is being held as a material witness to ensure her appearance in court. This may sound extreme to some people, but it is perfectly legal and frequently done with reluctant witnesses that the prosecution feels may not show up at trial. The ankle monitor sounds like a viable alternative, but if this girl has a history of running away she would probably just cut the monitor off and take off. Unless the police could get there very quickly after she cut the anklet, she could be long gone before they got there.
There is a definite public interest in ensuring that this girl is present at trial in order to get this serial rapist off the street. If the girls history suggests she would not be there, that is on her. If she was not a habitual runaway, the DA would not have been forced to take these steps to ensure her appearance.
What happens if during the trial they drag her to the witness stand and she refuses to open her mouth? Will they keep her incarcerated indefinitely?
These comments for her release are ridiculous. Prosecutors believe that he is a serial rapists. If she runs away and doesn't testify and he gets released, maybe next time he will kill his victim instead of letting them live.
The girls testimony is tainted and biased by coercion. The fact that the state is using captivity as a coercive measure to force the girl to testify the way they want will taint her testimony in itself.
She is a material witness to a crime, and that makes her testimony crucial to the prosecution. As such she can be held in custody, especially where she is a runaway threat.
While this is not a common occurrence, the police can hold a witness if they are a flight risk, or if they are in danger.
Gregg4422,
Did you read the part about the action being upheld 3 times by two judges? Just an fyi, that is due process.
this ia a matter of the life of many are affected by the scrafice of one.
while i dont argree with it at all, the testimoni of this girl could save many women.
but if this guy has done this to others, why arent the others sharing a cell with her for their testimoni?
personally, if it were my daughter, and i have 2, i would make sure she was in court. of course, if this guy has done it to others and the others didnt want to testify to put him in jail, i would sue the hell out of the others for keeping this criminal on the streets.
all this girl power BS and women are scared to put a rapist in jail.
if you cant help yourself how can you expect us to help you?
Way to treat the victim like a criminal. If I was in a situation where the cops felt that they would lock me up to elicit testimony they wanted I would give them nothing. This has to be the dumbest thing that these worthless airheads could do.
Why put her in juvy? Why not at a holding facility for the mentally unstable. This girl has been through hell and is going through it again. Do you really think girls will come forward with rape accusations after hearing about this? This is a negative and prosecutor should be put in jail for kidnapping. They should offer her witness protection since a nazi raped her. She should be treated with respect but I suspect she is black and our law enforcement people have no respect for black people. Even less for black females. They don't consider black people human at all. And you wonder why white supremacists get away with crimes in this country.
This young woman should not be getting treated like a criminal. There must be a better place to keep her than a detention facility. Keeping her in a hotel with a guard at the door, feeding her at nice restaurants, taking her to the park and shopping, including buying her a modest amount of stuff, and maybe movies too would be a lot more humane for someone who has suffered what she has. The notion that looking after her mental health would be 'buying' her cooperation is something the judge would need to instruct the jury on. Being under 24/7 observation is bad enough, being held in detention should cost the state for false arrest. Since it is so uncommon, it needs to be creative and considerate. The cost would be a drop in the bucket of what is spent on the criminals who should not get half of what they do in the jails.
Detention or incarceration facilities gives the desired effect on the victim. It is mental torture. The victim will tell them anything they want to hear to regain their captivity. That will be the platform the defense uses. Putting her up in a hotel like atmosphere would not produce the same effect.
Because she is a teenage runaway, I am less inclined to believe she should instantly be released. For her safety, and the prevention of future rapes by this individual, I think it is best she stays.
HOWEVER, if I were raped and wanted to tell authorities, I would absolutely think twice, now that I know I could be held for it. I can't say that I would be willing to lose my job or anything of the sort to report it, especially after something so traumatic.
California law is clear. A rape victim cannot be compelled to testify. Period.
What has NOT been explained here, is why 2 judges held her, the law notwithstanding. The fact that letting her NOT testify will result in other rapes is not relevant. The law protects HER.
I am wondering why the Attorney has not brought this to FEDERAL court as a Habeus Corpus.
I am not the least bit suprised. As a very young child, I was raped by my babysitter. I ran wrapped only in a blanket to the neighbors houses, (took 3 to find someone home.) This was only after freeing myself. My younger brothers witnessed everything. When I ran to call the police all I could think about was getting them out of there. When I got to the police station I kept telling the cops to get my brothers. I was told since they are boys they are probably safe. I was questioned by several male police officers. I did not know the medical terms for my body parts. Although I kept telling them what happened and showed them on a doll (that was unnecessary.) The officers while all joking around me with each other, made me repeat my story so many times.Finally, in tears I told them I wouldn't answer anymore questions until my brothers were safe. Sad at that age I had to stand up for myself to the police that were supposed to stand up for me. I never saw a female officer. I never saw any advocate for me. I was accused by cops of lying. I was not a problem child nor did I have any history of abuse. I was not taken to a hospital until 14 hours later when they finally called my mother (she was in hospital delivering my baby brother.) All I can say is I was treated so badly that I would never again tell the cops if I was raped. The guy that raped me by the way plead guilty so I was blessed not to have to testify. Many woman would next have to defend themselves against the defense at trial. He however only received a total of 18 months in a boys home as he was 17 when it happened. Also as part of his "recovery" he wrote me a letter explaining that he was sorry and explaining why he was the way he was. I was not given a choice weather I wanted the letter as it was mailed to me without warning. I was so young I was permanently scarred for life (I cannot bear children.) I can tell you this article is the embodiment of what is wrong with the system and it is so counter productive to the victims as well as society. I now fear police as much as the garbage they are supposed to protect you from. My heartfelt sympathy goes to this girl. It sounds like she has so much going on at such a young age. So the question is who in our modern "educated" society will stand up for her and say this is wrong? It sure doesn't sound like our legal system will be helping out. Time to say Enough is Enough, and say it LOUD!!!!
Give her an ankle bracelet. Next case.
Here's some details this article misses:
They arrested Frank Rackley based on her testimony and on the fact that his DNA was found on her after an exam. Rackley's DNA was also in the system due to his having a 20 year criminal history and came up a match for that found on the victim. At the time of the exam she would (I believe) also have been asked by police to make a statement and then sign it. If she did not appear at the trial it is my understanding that that statement could be read in lieu of her presence.
There was a trial on Feb 28 at which she did not appear because she was afraid and didn't show. it was after that that a warrant was put for her to be detained as a material witness on March 14. She appeared in front of a judge on March 27 at which time the request for detention was upheld. This detention request is reviewed every ten days. She has apologized for not showing up for the first trial, has said she is afraid of facing her rapist, has repeatedly promised to show up for the next trial on Apr 23, but prosecutors have refused to release her from juvie even when her lawyer has advanced the idea of electronic monitoring to ensure her attendance.
She is 17, in foster care, has run away from foster care previously. She has no family, no stable support system, and while few details have been released about her, it is implied that she is a minority and is afraid of racial tension.
Rackley is in his late thirties and has had numerous brushes with the law; three arrests for robbery, one for stalking, one for possession of stolen property and one for felony evasion. He also has a previous arrest for rape. The previous rape charge was dropped, apparently because the prostitute whom he reportedly raped did not wish to testify. He is white, over 200 pounds, and was identified because of the large swastika and other racially-based tattoos on his body (Opposingviews (dot) com has an article with photos of this guy with his shirt off in prison sweats) which I believe would also increase fear in this 17 year old child if she were a minority.
Instead of juvie I believe protective custody/Witness Protection would be a much better alternative. apparently she hates juvie so much she would rather have an ankle bracelet (per her lawyer) than to remain where she is. You have to remember that in juvenile detention you have kids who have shot other people and other kids, kids who have raped other kids, gang violence and gang and drug warfare. This is NOT a healthy environment for a rape victim.
murlut1
The article said nothing about her being a ward of the state for any kind of disobedience of the law. it said she was a foster child who had a tendency to runaway. Do you know anything about the foster care system? Alot of these kids runaway because they feel unwanted or loved. The last I checked victims weren't incarcerated. This is just 1 more way the system has failed this child. If you were robbed or raped would you want to go to jail until your attacker was brought to trial? Your statement read alot into the article and the support for the state to hold a victim in custody, by you or any other, is totally ridiculous!
If she wants to go free, she should tell them that if she remains locked up, she will NOT testify. Give the law a choice.
@ Amanda
The victim's written statement can not be used at trial if she fails to attend. And they simply can not get a conviction without evidence of lack of consent. That evidence comes from the victim's testimony in 999 out of 1000 cases.
Exactly. She should be treated with love and care. All I see keeping her a prisoner in an incarceration setting will do is taint the case and most certainly is not in the best interest of the child.
Rackley was previously charged with raping a prostitute. The prostitute refused to testify.
They didn't put the prostitute in jail until the trial.
More details:
According to an article in the Sacramento Bee, she's been pepper-sprayed by accident while guards at the facility tried t break up a fight between two other girls.
She passed out during a PE class.
She injured an ankle in an unspecified incident.
She was accidentally released at some pot in the last month. Instead of running away she went straight back to the group home at which she had been living before.
The ankle bracelet her lawyer is pushing for has a steel band that would be next to impossible for a 17 year old with no support system to remove.
As a former victim myself I know how being victimized by the system feels. I'm sending a check to her lawyer for her. I'm also posting the lawyer's name and address here for anyone else who may feel the same as I do. Even if she might not need it for the trial, there is counseling and aftercare and once she's 18 and out of the fostercare system, she will need a place to live, food to eat, a life to live.
Franco, Lisa M
901 H St Ste 125, Sacramento, CA 95814
(916) 442-5555
One more detail MSN missed;
She was ABDUCTED by Rackley from a light rail/train station in Sacramento. Thrown in the back of a truck and raped three times over a 24 hour period.
I wholeheartedly agree. The District Attorney should be locked up.
The laws relating to a material witness have been on the books for ages and have, in Wenatchee, WA, even been used against infants.
Instead of sending the so called serial rapist in a holding cell, they send the so called victim in jail. I am using the term "So called" because we do not have all the facts to say that one is a liar and the other is not. Just sounds silly, and if she the victim give her protective custody with an identity change after the trial.
"So-called" is a good call. Rape is simultaneously the most over-reported and the most under-reported crime in the nation. Although, "hate crime" is giving it a run for the money.
How can it be both the most over-reported and under-reported crime?
Over-reported in the case of false accusations, under-reported in the case of true rape.
Not sure if that is true, but I've heard it too.
this is crazy..... this girl should be released.... she is the victim for gods sake....
Isn't she the victim for the rape case's sake? How did this become religious? The attorney tried playing the race card though.
"For god's sake" is a saying; bright didn't even capitalize God. Seems The Thinker might have a chip on their shoulder when it comes to religion, feeling the need to inject it where there is none.
nikkinala ~~ I whole heartily agree with you. "For god's sake" is a simple saying, that denotes the absurdity of the thing that is being talked about, and really doesn't have anything to do with religion at all, unless of course you're 'the thinker-318752'. Some people just like to stir the pot.
Wow, what a classy prosecutor. Throwing the victim in jail. Baring some quirky situation I would start circulating a petition to have this idiot removed from office if I lived in that area.
Gestapo tactics?
You Vill stay locked up until you tell us vut you know.
Seriously though. The Material Witness Statute has been on the books since 1789.
But, since September 11, 2001, the U.S. has used the material witness statute to detain suspects without charge for indefinite periods of time.
It literally happens every day. We just hear about the "extreme" cases.
Rapists should be executed....so should Nazis. They can't be helped. They are driven by the same sickness as child molesters. In this case it is both. What more do you need?! How many more people have to suffer before these dirt bags are removed from society. If she is of a different race she has every right to be afraid of a sick piece of ___— with a swastica tatto on his chest and his affiliation with any other of these type of people. The fact that he has a swastica tattoo on his chest proves how sick he is. And that is not even considering the molestation and rape!
Making rape a death penalty crime would ensure more acquittals. When the death penalty in involved, it's tougher in many cases to convict.
What really needs to happen in any kind of a sexual assault case, is that the convicted person should serve their ENTIRE SENTENCE, and NOT get out early. Once released (hopefully never released) they should be MONITORED CLOSELY WITH AN ANKLE BRACELET, and be required to report to their PO at least twice weekly. The VERY FIRST TIME THEY DON'T REPORT, without a call (or a legitimate excuse that can be proved) that they will be late for their report in, an all points bulletin should be put out, and they should GO BACK TO JAIL.
In my way of thinking, they have then used up the ONE CHANCE they were given (by being set free after their sentence was served). They do not need to be given any leeway after that.
Reni, if they serve their entire sentence, then they are not paroled and do not have to visit a parole officer. Once any criminal has served their sentence, they cannot, constitutionally, continue to receive punishment.
Gee you forget about the Patriot Act, if you like that one try the NDAA it makes legel Star Chambers. Time to enjoy Acirema.
Can't they just record her testimony under oath and keep it for the trial? It seems there should be a better alternative to detaining her in jail. Not exactly the best way to convince her to have faith in the legal system.
A taped recording can't be cross-examined.
I agree flbikerchick...They could record her tesimony and the cross-examination in the same sitting. Everyone wins - she wouldn't have to endure the punishment of being locked up or any possible anxiety from being in the courtroom, the trial will include her testimony, and the sh!tbag who hurt her won't get away.
Why am I not surprised, Americans have been slowly but surely losing all of their rights of due process.
while I don't see her being locked up as the right thing to do considering she is afraid for her life at least she is safe where she is since there is no way foster parents would be able to protect her 24/7 and they have already identified her in court files!
You say she is safe, but every day and night the doors shut and lock on her. No crime but still locked up for the benefit of the state. Rights going down the toilet every day. I have to go back and read the article as I do not remember where the accused is.
This ties in with the story about increased cop deaths. Look at how this poor girl, a victim, is being treated! No wonder the general public is becoming more afraid of the police and courts.
I'm not afraid of the police or the courts. But then again, I am able to follow laws and regulations, and I'm not a child that is likely to run away when called to court as a material witness.
But maybe you should be afraid - especially of the cops and courts who don't follow those laws and regulations. It should concern you when there are laws written to specifically exempt certain people and entities from prosecution.
"I'm not afraid of the police or the courts. But then again, I am able to follow laws and regulations"
That's no protection against false accusations, wrongful identifications, and wrongful convictions - they happen more often than people think. Quick-to-prosecute DA's would rather get a conviction, ANY conviction, on the books than to have a case drag on and on, or go unresolved.....................
Can you produce the location of these laws for me please?
For the better part of 30 years, I been able to avoid situations that would lead to a false accusation, wrongful identification, and wrongful conviction. I wonder if it's the company I keep, or maybe I'm just living right.
More proof we need new government.All 3 branches need to be replaced.
why do you need to hold her?....what they are doing is tantamount to coerced testimony....it shouldnt hold up in court....i mean, if they hold ME long enough, i will say whatever they want me to, so i can be free....this is a type of torture to squeeze the results the DA wants
Jay, you are 100% right on!!! If this man is convicted on the soul basis of her testimony if will be over turned by a higher court.
mark, There is DNA evidence that links the accused rapist to the victim. Her testimony is needed to confirm that she was RAPED by the assailant, instead of being a consensual act. Close reading of this article will reveal that she was 16 at the time, has a history of running away and WAS NOT WILLING TO TESTIFY at first. Her attorney is stating that she is willing to do so now. Placing her in a juvenile facility is also for her protection, as she admitted to being afraid of others supporting her attacker. The article is intended to provoke reactions. The prosecutor made a tough decision, but I prefer locking up violent criminals over letting them walk because of witness/victim intimidation...
DNA means nothing in this case. As Jay said very well, she will do anything to gain her freedom! The prosecutor has no case without this young lady. However, by locking her up that was a BIG mistake on their part. I guarantee this case will be over turned by a higher court if this man is convicted on her "soul" testimony.
Look at how a victim is being treated.
If this doesn't scare the bajesus out of all of us then we don't understand what the framers were trying to say when crafting our constitution. This girl is probably ten or twenty times more likely to be harmed in juvie as in a group home. What right does a judge have to jail her for one minute? Every judge that isn't appalled by this decision needs to be recalled. If he wants her to testify, in his court, he should let her stay in his guestroom or put her up at a hotel like they do murdering mobsters that turn states witnesses.
Liberty is dead in this once great nation.
Then it's been dead for over 200 years.
Even if you have your mind made up, it never hurts to listen :-)
Please take 2 minutes to watch this. It just might be the most important message of all time.
It's called "The Nail"
youtu.be/Ee6pEGch1QU
(please copy/paste, clickable link doesn't work)
Sounds like the girl had her fair share of problems even before this p.o.s. got his hands on her. Yes, put her in protective custody, but juvi hall? That's asinine. If she isn't there to testify, he walks. Bullet to the head and let him rot where he lies is justice. Then bring in the kids from "Scared Straight".
Police brutality.
This is exactly the hope and change we were promised.
Remember - the new guys on the block were going to get rid of all that bad stuff that went on before. Apparently that meant freedom as well.
This is actually a law that's been on the law for well over 200 years and has passed the SCOTUS mustard time and again, most recently in 2011 with an 8-0 decision.
I don't like it, but it's very much legal and, in the US, is as old as the country itself.
Law or not, this is Bullshlt. When are they going to change the laws and hold these rapists accountable. My wife was raped(before I met her). By a rapist that was convicted in NY(1973) but never served time for that offense. Since that rape and conviction he had raped and was convicted cases in NJ, but not before he was also is a suspect in 21 sexual assaults in Maryland and always by home intrusion and held a knife to the womens throat. He only knows how many other rapes he commited and the women did not come forward. This guy lived free raping for 20 plus years after his conviction. The only reason he was caught was due to trying to buy a shot gun in Georgia(2004). My wife had said if she knew what the police and DA at the time was going to put her through she would have never reported it either. They did and said everthing short of calling her a liar. She went through more than 10 years knowing this a hole was still out there. Thank God due to DNA she did not have to testify but those were some trying times leading up to the trial.
So what did this bastard get for this? Well finally Life but not till he ruined or severly effected maybe 2 dozen other womens lives. Maybe some may have heard of him Fletcher Anderson Worrell. Also known in Maryland as the "Silver Springs Rapist"
Read the following, Shows how great our justice system is in tracking down criminals and convicting them.
In the 1970's, Mr. Worrell was tried in two rapes, one in
Manhattan and one in Queens. In the Manhattan case, a 25-year-old woman was
raped on June 26, 1973, by a man who climbed at dawn through the window of her
apartment in Chelsea. Cut marks on her neck showed that he had held a knife to
her throat. Neighbors heard her scream.The police, summoned by the neighbors, chased Mr. Worrell
from the victim's building and arrested him. But the prosecutors lacked
evidence, and the trial, in November 1975, resulted in a hung jury.
While he was out on bail during the Manhattan trial, he
tried to rape a woman in Queens and she was shot during the attack, Mr.
Morgenthau said yesterday. Mr. Worrell was convicted in 1975 of attempted murder
and attempted rape. But the conviction was reversed on appeal because part of
Mr. Worrell's statement to the police had been improperly admitted, the district
attorney said.
Mr. Worrell had entered a guilty plea in the Manhattan
rape after his conviction in Queens. But he later withdrew that plea after the
Queens verdict collapsed. Released on bail in 1978, he dropped out of sight, Mr.
Morgenthau said.
Michael F. Rubin, a lawyer who is representing Mr. Worrell
in the New York rape cases, said, "My client has always maintained his
innocence." Mr. Rubin said he learned only yesterday of the Silver Spring
allegations.
Mr. Rubin said his client, who taught himself Arabic and
took the Muslim name Umar Abdul Hakeem, had never tried to hide from the
authorities. For a decade after 1993, Mr. Worrell worked in Cairo as a
translator, Mr. Rubin said.
He had opened bank accounts and utilities contracts under
the name Anderson Worrell in Atlanta, where he was living when he was arrested,
Mr. Rubin said. "He was a well-respected member of the Muslim community," the
lawyer said. "This is not fugitive behavior."
Mr. Rubin said Mr. Worrell had been arrested once since he
left New York, on a 1977 burglary charge in Washington.
Douglas F. Gansler, the Montgomery County state's
attorney, recalled the "great concern, paralysis and fear" generated by the
Silver Spring rapes years ago. "When you say 'Silver Spring rapist' around here,
it's like saying 'Green River killer' or 'Boston Strangler' in other places," he
said.
Just think, The scumbag I wrote about above Fletcher Anderon Worrell is the type of person that our justice system lets free on bail and or not convicted due to some social problems. The type of person that will rape a women with a knife to her throat while threatening to kill her 7 year old son who is in the bed next to her. Nevermind the people that have also been able to slip through the loopholes of Megan's Law and may live right next to you. I had one of these scumbags near me, one that slipped through the loopholes of Megans Law. Well I knew something was not right about this a hole, so I did a search. After finding he was a pedophile(raped his 7 yr old neice). Well I had alerted the local Police and they were actually surprised but could do nothing. Funny thing is they also took 20 minutes to respond to "a report by his wife that a man was beating her husband to death" This scumbag stared at my daughter one to many times and would also use his dog to attract other neighborhood kids. Two other funny things happened, there were no less than 6 neighbors that reported the persons(one doing the beating) whereabouts at the time of the beating. Also when the police did respond they also found a badly beaten person but also many items that had been reported stolen from the area.(atleast 8 different thefts) Oh yeah this scumbag had also only did less than 2 years for the rape of his niece due to technicalities and parole.
One other thing. Well for now anyway. Locking this girl up because she MIGHT runaway is the same as say locking you up after getting drunk because you may drive drunk. You can force a person to testify but are only able to lock that person up if they refuse to attend court or refuse to testify on the stand and also only after being offically summoned. Not because you MAY runaway.
Listen I'm all for getting these criminals off the streets but if this is for protective custudy then move her to a guarded hotel room or similar. When the hell is the US going to stop treating rape victims worse than the criminals. People that say move her to foster care till the trial are crazy. There is more neglect and rape in the foster care system than anyone that has not been through it could imagine.
Oh and what about the Liberals caring so much about peoples rights
And how about this posted elsewhere in this thread..Thank you Amanda. Of course MSNBC just reports the bare minimum. Oh and what about the Liberals caring so much about peoples rights
According to an article in the Sacramento Bee, she's been pepper-sprayed by accident while guards at the facility tried to break up a fight between two other girls.
She passed out during a PE class.
She injured an ankle in an unexplained incident.
She was accidentally released at some point in the last month. Instead of running away she went straight back to the group home at which she had been living before.
The ankle bracelet her lawyer is pushing for has a steel band that would be next to impossible for a 17 year old with no support system to remove.
As a former victim myself I know how being victimized by the system feels. I'm sending a check to her lawyer for her. I'm also posting the lawyer's name and address here for anyone else who may feel the same as I do. Even if she might not need it for the trial, there is counseling and aftercare and once she's 18 and out of the fostercare system, she will need a place to live, food to eat, a life to live.
Franco, Lisa M
901 H St Ste 125, Sacramento, CA 95814
(916) 442-5555
I am finding it hard to comprihend what they are doing to this young rape victim. I don't understand how they are getting away with locking her up. This is not acceptable!!! A young woman is raped, made to fear for her life even after the rape, and then is jailed????
She is a chronic run away and to be perfectly honest the juvenile justice system detains run aways quite often; it is a status offense and my niece is currently in juvenile detention for exactly that. Which in English means illegal behavior for Minor's. Yes, she is a victim but a victim who chronically runs away thus putting herself in the position of being vulnerable to victimization.
Holding her in the detention facility is perfectly legal.
JustaMom. Why is this young lady running away. She was in foster care. A lot of children run from foster care. Yes there any many good foster parents and they are many who are not. Running away does not make her bad, it makes her afraid of where she was.
JustaMom. Obviously you are just a mom and nothing else. Shame
slightlyold ~~ I understand what JustaMom is saying. She's NOT blaming the victim, simply pointing out the facts. Running away does not make the girl a 'bad' person. I understand JustaMom's statement that says the young teen would be "vulnerable to victimization" not only by those in the world who would do her harm, but seemingly by our legal system as well. I ran away when I was a young teen, but I was not a bad teen, I just had a really bad living situation that I could not bear.
This young teen is probably a chronic runaway because she's had '$hi!' for parents, or was severely neglected, or abused. Her problem with feeling safe probably dates back to a very young age, because she most likely was never really safe, even in her own home. I sincerely hope she gets the help she needs.
"We believe it's important to balance the protection of the community in the process here, and that is done by ensuring a conviction and ensuring that this defendant will not have the opportunity to harm someone else in the future."
Where is all this 'concern' when they let these bastards out of jail???? Another case of victim's rights being trampled.
Honestly, no. As much as it sucks, the Prosecutors are well within their legal rights here. If she's material to an investigation and a flight risk, they've got every justification to do this. The pertaining laws are well over 200 years old.
Well TCSNXS What about the rights of the community when they let these scumbags out on bail only to rape/murder again. Where are the rights of the victim when the so called justice system gives a rapist less than 5 years for raping a 7 year old. Why is always the criminal that has the rights they are so concerned about.
When I was 17, I was raped. Being locked up to ensure my testimony would have further destroyed me and would have probably ensured I wouldn't testify! They can lock her up but they can't make her talk. And being locked up in juvy! tlb1974 makes the comment "at least she is safe where she is". Really?! Most people don't have a clue about the atrocities that go on in juvenile hall. Is the state going to pay for her to have some serious therapy by a good, experienced therapist? No! This is going to leave a permanent scar on her for the rest of her life regarless of the "good" intentions. I understand the DA wanting to put this guy away, however, this girl's testimony does NOT ensure a conviction. A defense attorney will tear her apart. People who have not been raped haven't a clue what this does to you as a person. And then having to "face your accuser" in court and be drilled like you're the one who's guilty and on trial. Do you think girls/women will want to report rape after reading about this? I wouldn't.
safer than she would be on the streets if her rapist is a member of a gang looking to kill her so that he gets away with it!
And there is something called 'Witness Protection'. They could do that instead of putting her in juvie.
Amanda, I think they're viewing the two (Juvi and Witness Protection) as the same.
Intersting quandry here: The protection of society (keeping the witness safe and close) vs. an individual's rights.
Not sure where I stand but I can clearly see both sides. She is a runaway and they want her available to lock the rapist up.
1. She is a minor. If her parents are still 'officially' her guardians, what do they say?
2. They hold her because they fear that HER fear is so great she will bolt. How come she can't be convinced she is safest-always a relative term-working with the system against her attacker?
3. As a compromise, she should be tagged with a GPS locator, and convinced it will go away (if she still wants) when this ordeal is over.
The article stated she's in the foster care system, meaning her parents do not have custody.