OJJDP Produces Video Program on the Sexual Exploitation of Children

The Office of Juvenile Justice and Delinquency Prevention (OJJDP) recently partnered with the Court Services and Offender Supervision Agency (CSOSA) to produce a video on preventing the sexual exploitation of children. The video features moderated discussions of child sexual exploitation and current initiatives being used to protect children. Panelists include Francey Hakes, National Coordinator for Child Exploitation Prevention and Interdiction at the U.S. Department of Justice; Dr. Michael Bourke, Chief Psychologist at the U.S. Marshals Service (USMS); and Ashley Natoli and Kevin Jones, Community Supervision Officers, Sex Offender Unit at CSOSA.

To watch the video, visit media.csosa.gov/podcast/video/2011/07/sexual-exploitation-of-children-dc-public-safety/.

Learn about Project Safe Childhood, a Department of Justice strategy to combat child sexual exploitation, at www.projectsafechildhood.gov/.

A 49-year-old Laramie man was sentenced Monday to up to 70 years in the Wyoming State Penitentiary for sexually abusing his live-in girlfriend’s 15-year-old daughter in November.

 In Second Judicial District Court, David Kenneth Mercer was sentenced to two 20-35-year prison terms for two counts of first-degree sexual abuse of a minor. A third prison term — 10-15 years for second-degree sexual abuse of a minor — was suspended in exchange for 10 years of supervised probation upon his release. The sentences are to run consecutively, which means Mercer will have to serve about 40-70 years before he is eligible for parole and supervised probation. District Judge Jeffrey Donnell referred to Mercer’s past conviction of indecent liberties with a minor in 1993 in Park County (for which he was sentenced to 3-5 years in prison) for why he was given lengthy sentences this time. “What we have here are three very serious counts of sexual abuse of a minor,” he said. “Regardless of what the victim here did or didn’t do, you’re the adult. This is your responsibility, whether you choose to recognize that or not. It doesn’t look to me, Mr. Mercer, like things are going to change.
 “This is the kind of thing that deserves prison time,” Donnell added, “and a lot of it.” With “good time” credit, Mercer could be eligible for parole in 20 years. “I’m leaving open, here, some possibility … that you might, eventually, be released,” Donnell said. “But that’s up to you.” Several people spoke in Mercer’s defense, including his ex-wife and former stepdaughter. Mercer’s former stepdaughter said he was always respectful and polite around her and her friends when she was growing up. His ex-wife said he displayed the characteristics of a kind, thoughtful man during the course of their marriage.
 “The whole time I was married to him (my daughter) had friends over, and never once did he make … any rude comments,” she said. “The charges he’s been accused of is not the David that I know.” Meanwhile, Andrea Howard, the victim’s mother, said Mercer was both a good partner and a good role model for her sons. When he was allowed to speak, Mercer said the victim is in need of counseling and had lied about what had happened. “I came to realize prior to these allegations … (the victim) needed some help; more help than her mother and I could hope to give her,” he said. “We got her hooked up with a counselor. The counselor was still trying to sort things out as of my coming here.”
 He said the victim was upset about his relationship with her mother. “Andrea, (the victim’s) mother, and I were living together for more than a year as a married couple,” he said. “Being a stepparent, in that nature, is not easy. It’s easy for the child to strike out against the stepparent. They don’t do it necessarily out of hate; it’s just an easy target.” In response to a statement from Donnell, Mercer said he was innocent. “I’m not saying I’m perfect, your honor,” he said. “I’m saying that the accusations (the victim) made are not true.”
 Mercer’s attorney, public defender Candace Vasko, asked for intensive supervised probation (ISP) or, if that was not possible, the minimum prison sentences followed by ISP. In her client’s case, Vasko said Mercer would benefit greatly from substance abuse treatment. “There seems to be a pretty severe substance abuse issue that spans quite a long time,” she said. Donnell said Mercer was given a short prison sentence and probation after his conviction of indecent liberties with a minor. “That was what happened in that case,” he said. “Here we are, back again, 18 years later.” Josh Merseal, an Albany County deputy attorney, argued for the maximum punishments on all counts.
He referred to the transcript of Mercer’s 1993 sentencing hearing in which Park County District Judge Hunter Patrick read part of the sexual-abuse evaluation in open court. “He notes that David is not open to behavioral change. That his behavior will be primarily manipulative and self-centered,” Merseal said. “I have to agree with that, your honor. Eighteen years later, we’re in the same position. We have another victim. “Your honor, in this case, I can see no rehabilitation,” Merseal added. “He’s had that chance. That chance has passed.” According to court documents, the victim said she was at home on the evening of Nov. 21, 2010, drinking juice spiked with alcohol in the presence of her mother and Mercer. The victim said the drinks were cranberry juice mixed with Black Velvet or Crown Royal, and that she was allowed to consume alcohol at her house on a regular basis.
 The victim said her mother and two younger brothers went to bed at about 8 p.m. She stayed in the living room and continued to consume mixed drinks furnished by Mercer, saying that every time she would finish a glass he would make her another drink. Court documents say after the victim had consumed 10-11 drinks, she told Mercer that she was done drinking and was going to bed. After going to bed, the victim said Mercer came into her bedroom, shut the door and rubbed her legs for a short time before taking off his and her clothes. The victim said she was lying on her back and Mercer held her arms over her head and forced himself upon her before engaging in sexual intercourse for about 45 minutes.
Mercer then forced the victim to perform oral sex on him for about 10 minutes before leaving her bedroom. Mercer’s testimony to police differed from the victim’s. According to court documents, Mercer denied having any sexual contact with the victim and stated that he did not know why she would be making these allegations. He also said the victim was stealing drinks of his Black Velvet and fruit juice. The documents say Mercer agreed to take a Computer Voice Stress Analyzer exam, which he failed.
 Mercer later admitted to police that more had happened than what he had initially told them. However, he said the victim came onto him and “began rubbing him and was placing his hands all over her body.” Mercer said he and the victim proceeded to have sex and that it was consensual. The documents say Mercer later changed his story and said he and the victim did not have sex because he prematurely ejaculated. After being interviewed, Mercer declined to allow police to swab his mouth for DNA evidence.

Laramie man sentenced for possession of child porn

By AARON LeCLAIR / lbedit7@laramieboomerang.com • Friday, July 08, 2011

Wanted man pleads guilty to felony

By AARON LeCLAIR / lbedit7@laramieboomerang.com • Wednesday, May 18, 2011

Brandon Curry, center, is walked back to jail by Albany County Sheriff’s deputies Tuesday after pleading guilty to five misdemeanors and one felony. Andy Carpenean/Boomerang photographer

A man wanted for allegedly assaulting a Montana Tech student with a knife in January pleaded guilty Tuesday to committing five misdemeanors and one felony in a high-speed chase in Albany County. In Second Judicial District Court, Brandon Curry, 28, pleaded guilty to felony property destruction, which is punishable by imprisonment for up to 10 years, a fine of up to $10,000 or both. He also pleaded guilty to five misdemeanor charges: eluding a peace officer, reckless driving, open container, drunken driving and speeding on an interstate highway. Four of the misdemeanor charges carry a punishment of six months in the Albany County Detention Center, District Judge Jeffrey Donnell said. “If you … are sentenced to the maximum, you could face up to two years of county (jail) time, 10 years in the state penitentiary and fines not to exceed $12,985,” Donnell told Curry. Curry could also be required to pay the property damages as restitution, Donnell said. In exchange for Curry’s guilty plea, the prosecution agreed to recommend a split sentence. “The reason behind the state’s recommendation for a split sentence is he has current felony charges pending in Montana,” Albany County Deputy Attorney Kurt Britzius said. “We don’t want to interfere with the prosecution of that case.” Donnell revoked Curry’s bond, so he will remain in the Albany County Detention Center awaiting a sentencing hearing.
Before Curry was taken back to jail, Donnell asked what he thought he was going to accomplish by fleeing from law enforcement. “Do you think you’re going to get away?” he asked. Curry said he made a bad decision when he attempted to elude the Wyoming Highway Patrol (WHP). “That was a bad day, your honor,” he said. “I just kept making bad decisions through the whole day.”Donnell told Curry he was lucky he wasn’t shot and that no one was killed in the high-speed chase. “You could have killed somebody else going down the road minding their own business,” he said. “But I don’t suppose you gave any thought to any of that, did you?” Curry will be extradited to Butte, Mont., after he is sentenced in Second Judicial District Court.
Curry’s charges in Albany County stem from his arrest on Jan. 26 following a high-speed chase on Interstate 80. Curry, who was driving a black Honda Accord, was clocked at 100 mph as he was traveling east on I-80.When he was stopped, Curry provided the WHP trooper with a driver’s license, proof of insurance and registration. “(The trooper) noticed the odor of alcohol coming from Mr. Curry, that his eyes were bloodshot and watery, and that his speech was slurred,” Britzius said. As the trooper was asking Curry if he had been drinking alcohol, Curry put his vehicle in reverse and rammed the front of the WHP vehicle, cut across the median to the westbound lanes and began driving toward Laramie.
The trooper was able to follow Curry while another trooper placed spike strips across I-80 about nine miles west of the Summit Rest Area. Before hitting the spike strips, Curry was clocked at speeds in excess of 120 mph. After the spike strips flattened the Honda’s tires, Curry attempted to take Exit 313 onto Third Street. However, he lost control of the vehicle on a curve and slid into the snow. Curry then exited the Honda and ran about 75 yards before he was tackled and arrested. Troopers found numerous empty beer cans and a bottle of whiskey in Curry’s vehicle, Britzius said.
Furthermore, when Curry was taken into custody, troopers learned he was wanted for questioning in the ambushing of a 19-year-old student in a restroom in the Montana Tech library on Jan. 25 in Butte. Curry allegedly held a knife to the woman’s throat and punched her several times before he was able to escape, according to a story in the Montana Standard newspaper. According to the Butte police, Curry is a convicted felon and was on parole when he reportedly accosted the Montana Tech student. In 2002, Curry was sentenced to 13 years in Butte District Court on felony counts of theft and burglary. Five years of that sentence were suspended, the Montana Standard story says.

Texas man sentenced for burglary

By AARON LeCLAIR / lbedit7@laramieboomerang.com • Tuesday, May 17, 2011

A Texas man was denied first-offender status Monday for residential burglary. Yezua M. Gonzales-Ramirez, 19, Mesquite, Texas, was sentenced to two-to-five years in the Wyoming State Penitentiary for one count of felony burglary. The prison sentence was suspended and Gonzales-Ramirez was ordered to complete four years of supervised probation.
District Judge Jeffrey Donnell allowed Gonzales-Ramirez to transfer his probation to Texas, where he now lives and works. Gonzales-Ramirez apologized for his actions, which he called mistakes. “I made a big mistake by following along with people … doing burglary,” he said. Donnell took exception with Gonzales-Ramirez’s statement. “I don’t like the word ‘mistake,’ because ‘mistake’ makes it sound like it was an accident; like you’re not really responsible for it,” he said. “You knew what you were doing. You took your chance and you lost.” When asked why he doesn’t deserve to be sent to prison, Gonzales-Ramirez said he has changed as a person.
“I have changed a lot. Before, I didn’t think of the actions that I did,” he said. “Now, I have a full-time job. I work every day and … I rent my own house.” Gonzales-Ramirez’s attorney, public defender Candace Vasko, asked the court to agree to the plea agreement between the prosecution and defense to grant her client first-offender status. “In speaking to my client, I feel like he understands how … extremely poor his choices were, and I think he truly is terrified of the consequences,” she said. “I do think that he would be successful on probation.” Under Wyoming Statute 7-13-301, first-offender status defers a first-time offender’s sentencing if they complete a term of supervised probation. The charge will always appear on their record, but the case will be labeled “dismissed.”
While he gave his consent to grant Gonzales-Ramirez first-offender status, Albany County Deputy Attorney E. Kurt Britzius said the state reserves the right to argue against it. When the court asked him to clarify the state’s position, Britzius said there are a few issues that concern him, which include unrelated charges in Albany County Circuit Court and Gonzales-Ramirez having drunk beer while on bond awaiting sentencing. “That does not bode well for probation if you can’t make it on bond,” Britzius said. “I do appreciate the fact that he reported it. However, that is a concern.” Donnell refused to grant Gonzales-Ramirez first-offender status. “Oftentimes, in a situation like this, Mr. Gonzales, I’ll say, ‘OK, we’ll do the (first-offender status) and hope things get better,” but this is not one of those situations,” he said. “You came up here and things got worse and worse and worse and ended up in a residential burglary. I’ve just had it with that. “Burglary is serious, felony business,” Donnell added. “It needs to be treated accordingly. I don’t think first-offender treatment is appropriate here.”
In addition to supervised probation, Donnell ordered Gonzales-Ramirez to complete a drug-treatment program in Texas. “Clearly, there’s some issue with drugs,” he said. “I’ll expect you to be in such a program that’s approved by probation and parole … within 60 days.” In an unrelated case in circuit court, Gonzales-Ramirez was fined $400 for making a false statement to a pawnbroker and was fined $400 for buying or receiving stolen property.
During sentencing for burglary, Gonzales-Ramirez said the circuit court charges were for his forgetting to pay the monthly loan charges on a laptop computer he had taken back from a local pawnbroker.

Wal-Mart robbery suspect identified

 By BOOMERANG AND
RAWLINS TIMES STAFF • Monday, April 25, 2011

 Laramie police identified Raymond Scott Harmon as the man suspected of the Wednesday armed robbery at Wal-Mart. Harmon is a 22 year-old Colorado resident with Cheyenne ties. Harmon is still at large and believed to be armed. Police described Harmon as a white male, 6-feet-1-inch tall, weighing 200-plus pounds. He was last seen wearing a black coat, black pants and a New York Yankees baseball cap. Laramie police said Harmon is thought to be driving a solid black 2007 Cadillac Escalade, which may have Wyoming license plate 2-6037 or Colorado license plate 901SAB. Harmon is also under investigation by Berthoud, Colo., law enforcement for allegedly stealing the Escalade. The Rawlins Times reports Harmon faces three marijuana-related felonies, including a charge of cultivating more than 30 plants in Larimer County, Colo. Carbon County Sheriff Jerry Colson told the Times that Laramie police contacted his office to request a search of the Platte Valley area. The Escalade was not spotted. An e-mail from a Laramie detective stated Harmon could potentially be near the Wyoming-Colorado state line.
 Laramie police are continuing their investigation. A felony offense, aggravated robbery is punishable by five-to-25 years in prison if the perpetrator uses or brandishes a deadly weapon or simulated deadly weapon.Anyone who observes Harmon or the vehicle described should contact law enforcement immediately. Laramie police said Harmon should not be approached. Anyone with useful information is asked to contact Laramie police at 911 or the non-emergency number, 721-2526.

Wyo. lawmakers undecided on juvenile justice issue  

 By The Associated Press • Friday, April 22, 2011

 A panel of Wyoming lawmakers said Thursday they want to hear more from both sides before they decide whether to endorse Gov. Matt Mead's proposal to create a unified juvenile court system. Gary Hartman, a former state district judge who serves as Mead's justice policy adviser, told members of the Legislature's Joint Judiciary Committee in Worland that the state needs to establish a single court system to handle nearly all juvenile cases. But Hartman's proposal came under fire from county prosecutors who said the current system already works well.
 The committee agreed to hear more testimony at its next hearing this August in Sundance before discussing whether to sponsor a bill on the issue in next year's legislative session.Hartman said Wyoming's current system allows juveniles accused of crimes to be prosecuted in four different court systems: municipal, circuit, district or juvenile courts. "The system we have in Wyoming for holding youth accountable is different in every county," Hartman said. "The lack of a unified system does cause some disparate practices throughout the state."
 Hartman said the state currently spends more than $100 million a year through a handful of different government agencies to try to help juveniles who are involved in the juvenile justice system, or who are at risk of becoming involved. "We don't have the data we need to show how the state money is being spent," Hartman said. Hartman said the state education department currently gives school districts about $50 million a year to help troubled kids but said the department can't say where the money is being spent. He said the state doesn't know if it's being used, "to hire bus drivers or to pay utilities for the gymnasium." Creating a single, unified court system to handle juvenile cases wouldn't require hiring new judges or building new courthouses, Hartman said. Rather, he said it would involve reorganizing how the state uses its resources.
 Among the benefits, Hartman said creating a single juvenile court system would keep kids out of adult courts where they now commonly pick up adult criminal records that can haunt them for life, preventing them from being able to join the military or work as professionals. "While it is certainly sometimes necessary to lock up youth to protect public safety, studies have shown that locking up youth sometimes hurts more than it helps," Hartman said. He said most juvenile cases could be handled by diverting them to community service and other programs, while the rest should be handled by juvenile court judges who would have sole authority over whether children need detention.
 However, several county prosecutors told the committee that the state's current system works well. They warned that creating a new system would be expensive, probably require more judges and wouldn't produce better results for kids. Jeani Stone, Campbell County prosecutor and head of the state association of county attorneys, told the committee that most, if not all, county attorneys around the state agree that the present system isn't broken.
Stone also warned that she believes the state would need new courts and judges to handle juvenile cases under the unified system Hartman proposed. She said judges currently are able to deal with some misdemeanor cases involving groups of juveniles all at once, while each one could require separate hearings under the proposed system.
 Several circuit court and district court judges addressed the committee. They said juvenile cases are among the toughest they handle, and that they will hear them in whatever court system Legislature directs them to use. Rep. Kermit Brown, R-Laramie, is co-chairman of the committee. Speaking after the meeting, he said that if the groups involved can't come to better agreement by the committee's meeting in August, the Legislature may decide against trying to develop a new juvenile court system and instead try to address individual issues, such as privacy of juvenile records and unequal treatment of juveniles in different areas of the state.

Laramie man pleads not guilty in home invasion case

 By AARON LeCLAIR / lbedit7@laramieboomerang.com • Friday, April 22, 2011

 A Laramie man pleaded not guilty Wednesday in Second Judicial District Court to charges of breaking and entering into a West Laramie home armed with a shotgun. Michael James Grooman, aka Miguel, 33, 1664 N. Cedar, No. 2, is charged with four felonies: aggravated assault and battery, felonious restraint, aggravated burglary and possession of a deadly weapon with unlawful intent for a home invasion incident on Jan. 30. Aggravated assault and battery is punishable by imprisonment up to 10 years, a fine of up to $10,000 or both. Felonious restraint is punishable by imprisonment for up to five years and a fine of up to $10,000, while possession of a deadly weapon carries a prison sentence of up to five years and a fine of up to $1,000. The most serious charge, aggravated burglary, is punishable by imprisonment for 5-25 years, a fine of up to $50,000 or both. “Were you to be convicted on all four counts here and sentenced to the maximum, Mr. Grooman, you would be facing up to 45 years in prison and/or fines not to exceed $71,000,” District Judge Jeffrey Donnell said.
 Grooman’s trial is scheduled for Aug. 15-17. He is being held in the Albany County Detention Center on a $100,000 cash bond. As a previously convicted felon, Grooman faces a federal charge for possessing a firearm, which is in violation of U.S. Code Laws, sections 922 and 924. After federal authorities learned of Grooman’s arrest by the LPD, the U.S. District Court of Wyoming issued an arrest warrant for Grooman on April 15, and the U.S. Marshals Service has been ordered to apprehend and transport him to Cheyenne. According to a Federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) report, which references an interview with police Detective Justin Johnson, the LPD received a call at 3:30 a.m. on Jan. 30 from Jerimiah Miller, who resides at 1171 W. Baker, No. 19.
 Miller reported that a man armed with a shotgun had kicked in his front door, entered his residence and was yelling at and threatening his roommate, Alberto Mendoza. Later, in an interview with LPD Sgt. Robert Austin, Miller said he was asleep when he heard kicking at his front door. He looked out a window and saw a white Cadillac he recognized as belonging to a man who knew as Miguel, whom police identify as Grooman. The report says Miller heard a voice outside that he recognized as Grooman’s and a noise that sounded like the pumping of a shotgun slide. He then grabbed his telephone, hid in a closet and called police.Miller said Grooman kicked in the front door, burst into the residence and confronted Mendoza.
 Grooman reportedly asked Mendoza the location of Miller and his brother, Eli Miller. Miller said he again heard the sound of a shotgun pumping and Mendoza pleading for his life. When police contacted him, Mendoza said Grooman burst into the residence and punched him in the head. He ran into the bedroom and attempted to shut the door but Grooman followed him and stuck the barrel of the shotgun in the opening between the door and the frame, which caused the door to break off a hinge. Mendoza said Grooman ordered him out of the bedroom, cycled the shotgun and pointed it at his face and asked him the location of Jeremiah and Eli Miller.
 Mendoza allegedly told Grooman he did not know where Jeremiah and Eli Miller where, and Grooman threatened to kill him. The report says Grooman told Mendoza to quiet the dogs that were barking in the residence, which allowed Mendoza to walk away from Grooman and escape out the front door of the residence. Police later contacted Grooman’s wife, Maira Grooman, at 1664 N. Cedar, No. 2.  She reportedly told officers that Grooman had left home at 10 p.m. Jan. 29 to go to the bars and that she had purchased a black, pistol grip Mossberg shotgun that she kept in her closet. She did not know if Grooman took the shotgun with him when he left for the night, the report says.
 The ATF report says police who responded to the call spotted Grooman walking toward a white Cadillac from the 1171 W. Baker, No. 19. Grooman ignored orders from police officers at the scene and sped off in the Cadillac north on McCue heading toward Curtis Street. Police followed Grooman east on Curtis and south on Cedar before he lost control of the Cadillac at 1664 N. Cedar and went off the roadway into a ditch. The report says Grooman opened the driver-side door about six inches and yelled profanities at police officers while ignoring their commands.
 Grooman reportedly exited the Cadillac through the passenger-side door and struggled with police officers before being handcuffed and arrested. The report says officers located a black, pistol grip, pump-action, 12-gauge Mossberg shotgun on the ground near the driver-side door of the Cadillac. The ATF received copies of Grooman’s fingerprints taken by the LPD and, after submitting them to the FBI National Records and Identification Section, found that he was convicted in 2006 of felony receiving and concealing stolen property in Natrona County. A call to Grooman’s attorney, Linda Devine of Devine Law, was not returned Thursday.

Gov. Mead pushes new juvenile court system  

 By The Associated Press • Tuesday, April 19, 2011

Gov. Matt Mead's administration is lobbying Wyoming lawmakers to support creation of a unified juvenile court system in the state. Gary Hartman, justice policy adviser to the governor, said Monday he's met with several legislators in advance of Thursday's meeting of the Joint Judiciary Committee in Worland. Hartman said Wyoming currently prosecutes children accused of crimes in either municipal, circuit, juvenile or district courts. Of the four, he said only records from the existing juvenile court system are sealed to keep defendants' charges and convictions secret. Under the unified system that Hartman's recommending, he said county attorneys would send most juvenile cases to diversion programs. Nearly all the remaining cases would go to a juvenile court where records would be sealed. Only in the most egregious remaining cases would juveniles still be prosecuted as adults in district courts.
 "We want to make sure that they have the constitutional protections," Hartman said. "We want to ensure that the right kinds of kids are going to court. We want to make sure that a stupid mistake you make as a child isn't going to be held against you for the rest of your life." The ACLU has been critical of Wyoming's juvenile justice system of years. The group issued a report earlier this month titled "Inequality in the Equality State." It concluded Wyoming has one of the highest rates of incarcerating nonviolent youths in the country and also that incarceration rate varies among regions of the state. The ACLU report called on the Legislature to enact a juvenile court system with exclusive jurisdiction over Wyoming youth immediately.
 Linda Burt, director of the ACLU in Wyoming, said Monday that there are no significant differences between her group's proposals and the Mead Administration's recommendations on juvenile justice. She called it a "very happy coincidence," that her group and the governor's office reached the same recommendations at the same time. Asked her sense of whether the Legislature is likely to tackle the issue, Burt said, "There are some people who have spoken out and who have been very supportive, others are somewhat hesitant. It's a huge undertaking, but I hope that they go forward on this because it's way past time that somebody does."
 Hartman said the Mead Administration believes that Wyoming has enough judges and enough courtrooms already to establish the proposed juvenile court system with needing more of either. He said it's not clear yet which judges would preside over the juvenile court and said it may take two years for the Legislature to work out the details of such a new juvenile court system. Although some details are unresolved, Hartman said the goals of creating a unified juvenile justice system are clear. "Number one, it would be beneficial to have children who are charged with some type of crime to go to one court," Hartman said. "We want to ensure that those kids are afforded their constitutional protections, the right to be represented by an attorney."
 Hartman said it's common that kids who are brought into court opt not to have attorneys, even after judges tell them that they have a right to one. Creating a unified juvenile court system would also help provide better data about caseloads, he said. "We can tell you pretty much how many go through juvenile court. We can tell you pretty much how many go through circuit court. We have no clue about how many kids go into municipal court, none," Hartman said.

FROM THE LARAMIE DAILY BOOMERANG

Laramie man given up to 40 years for DUI

A Laramie man who wrecked a vehicle while driving drunk and seriously injured two passengers has been sentenced to up to 40 years in prison. Gary Allen James, 36, was sentenced Thursday in Second Judicial District Court to 32-40 years in the Wyoming State Penitentiary for two counts of felony drunken driving and two counts of aggravated assault and battery. The convictions stem from a drunken driving wreck that took place in the early morning hours of April 15, 2010.
E. Kurt Britzius, an Albany County deputy prosecuting attorney, said he was pleased with the outcome of the case. “In Wyoming, you have to have a spread; a low number and a high number,” Britzius said. “I was asking for maximum low numbers and maximum high numbers … so he’s either incarcerated or he’s under some sort of supervision, that being probation and parole, for the rest of his natural life. He’ll be 76 by the time he’s off supervision.”
Carbon County District Court Judge Wade E. Waldrip agreed with the prosecution because of both the serious nature of the crime and his prior criminal history. “He’s got an extremely extensive criminal history,” Britzius said. “He’s from Michigan … that’s where he got most of his crimes. Basically, since 1992, he’s either been incarcerated or been convicted of a criminal offense every year except for a couple.” James is a registered sex offender for third-degree criminal sexual conduct out of Lapeer, Mich., in 1999. In addition, James has been convicted of multiple felonies, Britzius said, including carrying concealed weapons, malicious property destruction and breaking and entering. After being released from prison in 2004, James came to Laramie in 2006 and continued committing crimes, Britzius said. At the time of the April 15 wreck, James had another drunken driving case pending in Laramie Municipal Court. “He was out on bond on that when, in April of 2010, he was drinking again,” Britzius said. “He’s been a danger to the community his entire adult life. At some point, community protection becomes the most important thing.”
Before the wreck, James and three passengers were driving back to Laramie from Centennial in the early morning hours of April 15 when he began swerving back and forth on the road and flashing the headlights on and off.
“They’d been drinking here, went up to Centennial … and maybe they drank, we don’t know, up there,” Britzius said. “While coming back on (Wyoming Highway) 130 to Laramie, that’s where he lost control of the vehicle. He was kind of screwing around and playing around with the car … and then lost control, overcorrected and rolled the thing.”
Two of the passengers were ejected during the roll, while a third remained in the vehicle and was uninjured because he had put on a seatbelt when James was swerving back and forth on the road, Britzius said. The two passengers who were thrown were transported to Ivinson Memorial Hospital after the wreck. Britzius said they suffered life-altering injuries. “Jason Gonzales, he couldn’t be at the sentencing hearing because he was getting treatment. His mother came and read a statement for him,” Britzius said.
Gonzales will have to wear a colostomy pouching system and a corrective boot for his leg for the rest of his life. Kristina Greenfield sustained head trauma, has to walk with a cane and has difficulty breathing, Britzius said. “She lost six months. She can’t remember it at all,” he said.

Exploitation convictions possible, serve to help raise awareness

After pleading guilty to exploitation of a vulnerable adult, former certified nursing assistant Cheryl Ann Porter was sentenced March 21 to five years of supervised probation, was ordered to provide more than $25,000 in restitution and received a suspended sentence of three to seven years in prison. Possibly most importantly, Albany County Prosecuting Attorney Richard Bohling said, was that Porter would now be registered with the Department of Family Services as someone who has exploited a vulnerable adult and is no longer licensed as a CNA.  “We had 10 other counts charged, but basically they were facets of the diamond. This was the jewel,” he said. “It’s been my position in this case from day one with her defense attorney that what she is truly guilty of is exploiting a vulnerable adult. I wanted a conviction for that charge, and I was not prepared to settle for anything less.”
The other counts Porter faced, such as larceny, identity theft and forgery, were dismissed. Bohling said Porter had used her position as an in-home caretaker to take advantage of Laramie resident Marguerite Van Doorslaer. “This is a crime that is occurring far more than it’s reported. It’s one of those situations where we always hear about how underreported sexual assaults and other types of crimes are, but I firmly believe this is a crime in that category,” Bohling said. There are many obstacles in law and culture that can make prosecuting such cases extremely difficult. For senior citizens and their families, even talking to law enforcement about possible exploitation of a vulnerable adult can be a heavy emotional burden.
“Some victims don’t want this coming out. Some people are scared to death that if their kids or grandkids find out they’ve been victimized like this, that’s just the excuse they need to get them out of the home and into a nursing home or some other terrifying prospect for people who just want to live and die in their own house where they’ve lived for 60 or 70 years. We should not have our elderly family members living in fear of that kind of thing at their end of life,” Bohling said. Many times, victims may have health issues, which make it difficult for them to testify. “When you get to that advanced age, it’s not life as you and I know it, so it’s a challenge for a prosecutor and an investigating agency trying to put one of these cases together. You’ve got to recognize those factors and work around them, because you can’t change them,” Bohling said.
In Wyoming, vague statutory law on who is a vulnerable adult further stymies such cases. While some states declare anyone a certain age a vulnerable adult, Wyoming leaves it up to the prosecution to prove someone is vulnerable. “In California, they just pick an age, I think it’s anyone over the age of 60 or 65 is considered a vulnerable adult. There you don’t spend all this time trying to present evidence in the form of medical testimony or friends’ (testimony) or whomever that this person is either suffering from some type of infirmity that makes it impossible for them to carry on day-to-day activities of their life without assistance or that they’ve suffered some kind of mental issue such as Alzheimer’s or dementia,” Bohling said. “Having dealt with as many of these cases as I have now, I would certainly embrace that California approach. You shouldn’t have a trial over whether or not you’ve got a vulnerable adult, your trial should be over exploitation of that person.”  Exploitation can often only be brought to the attention of law enforcement through attentive friends, family, bank employees or attorneys. In Porter’s case, many people were critical in the process, Bohling said. Bank employees at UniWyo Federal Credit Union noticed unusual financial transactions by Porter through Van Doorslaer’s accounts.
“I understand that banks do training with their officers and try to help them look for this kind of behavior, so they can bring it to the attention of law enforcement. And if it’s not going on, I hope we can get it started,” Bohling said. “I’d be glad to sit down and put a training on for banks. If they want to send some of their executives, we’ll get together with law enforcement and tell them, ‘These are the things you want to look for.’” Unusual financial transactions should be questioned, Bohling said. “A woman like Van Doorslaer, who (was) dying of breast cancer, is not going to be ordering weight reduction products, scrubs and smoking cessation aids and all of the other things that our affidavit of probable cause showed,” he said. “I would encourage anyone who feels that they see this kind of suspicious conduct going on to try to discuss it with the victim, and if it turns out the victim wasn’t aware this was happening, then the person could take the appropriate steps to contact law enforcement.”
Family members and attorneys who are familiar with the estate wishes of the victim are also crucial in alerting law enforcement and assisting in exploitation cases, Bohling said. “When you’ve represented someone as an attorney for 20 or 30 years, you’re pretty sure you know what their ultimate plan in life is. Like this individual, Marguerite, had made it very plain and it was well known to everyone around her who were her friends and family that her intention was to leave the proceeds of her estate to the animal shelter,” Bohling said.Unfortunately, exploitation cases will continue to occur, but it’s important that people understand law enforcement can help victims and their families, Bohling said. “We’re making an evolutionary change in our society to this approach of staying in your home even after you’re unable to do so by yourself with the assistance of people that come during the day to help out with things. As we’ve gone that way, we’ve created the opportunity for this type of crime to happen,” Bohling said. “As a result of that, dishonest people are out there and they will abuse the system.”


Casper Star-Tribune
Oped: It’s Time For A Uniform Juvenile Court System

A new report on juvenile justice in Wyoming pinpoints the system’s main problem: A county-by-county approach subjects youth to vastly different treatment based on where they live.

The study by the American Civil Liberties Union, “Inequality in the Equality State,” explores familiar territory that critics of Wyoming’s juvenile justice system have stressed for years. While progress has been made in some areas, including locking up fewer juveniles in adult jails, it’s clear that what’s most needed is a unified court system to handle all criminal cases involving juveniles.

The frustrating thing is that while the solution has long been evident, the political will to implement a unified system has never existed. Judging by the initial reaction of some lawmakers to the ACLU report, it still doesn’t.

The Joint Judiciary Committee will meet in Worland April 21-22 to consider juvenile justice issues, which have been on the panel’s plate for many years. The Legislature’s Management Council has once again directed the committee to do an interim study on the subject.

http://trib.com/opinion/editorial/article_821ea94f-4739-54d9-a8c4-79fa2d7b3c7c.html