"Pinky" Gets 18 Months for Manslaughter

The 13-year-old boy known as "Pinky" - accused and convicted of stabbing 17-year-old Levi King Flores to death on the streets of Newburgh, NY - was sentenced by Orange County Family Court Judge Andrew Bivona to 18 months in a state juvenile facility. It was the maximum sentence allowed under the law. "Pinky" could be out by his 15th birthday. 

It was a case that highlighted the gang violence and rivalry in Newburgh. The two gangs, the BBK and La Eme - represented by "Pinky" and Levi King Flores respectively - are sworn enemies and often go out of their way to provoke and antagonize each other. This is apparently what happen on the afternoon of Jan. 13, 2010 when an incident between the two rivals escalated into a confrontation in which Flores was stabbed to death.

Before sentencing, Judge Andrew Bivona took into account a report prepared by Senior Probation Officer Bernadette Bergin. It detailed parts of the truant teen's life: Suspensions from school; Bringing a knife to school; Pictures with him displaying gang signs etc. After conducting interviews with "Pinky", Bernadette Bergin concluded: "He showed no remorse."

"Pinky" will be in the custody of the state Office of Children and Family Services, which could hold him until his 18th birthday or release him earlier.

The parents of Levi King Flores, Carlos and Martha, were disappointed not only with the sentence but also the 13-year-old's lack of remorse. They wanted to see him locked away for a much longer time and they also wanted a personal apology from him. Neither the law nor the perpetrator gave them what they wanted.

Levi's father, Carlos Flores, stood in front of the court and spoke of an emptiness in their family now that his son is dead. "My wife, Martha, is destroyed," he said.

He doesn't care, said Cynthia Herrera, Levi's girlfriend and the mother of his infant daughter. She cried in the parking lot and leaned against Martha Lopez Flores. Carlos said the law sends a message to other young boys that they can kill without consequence. Martha spoke to Cynthia in Spanish.

"We're just waiting for God to punish him," Martha said.

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Pediatrician Abuses 103 Children

Dr. Earl B. Bradley, 56, a pediatrician practicing in Lewes, Delaware since 1994 is a parent's worst nightmare. He was originally charged in December 2009 with 33 felony counts, including rape and sexual exploitation of a child. Bradley was accused of videotaping sexual acts with his young patients and molesting them repeatedly while their parents waited in nearby examination rooms. He has been held in the Vaughn Correctional Center on a $2.9 million cash bond. But that was just the tip of the iceberg.

After reviewing more than 13 hours of video files, computers and hard drives and more than 7,000 patient files; a grand jury charged him with the molestation of 103 children. The 160-page indictment describes in detail Bradley's alleged behavior between 1998 and 2009. Among the 471-count indictment includes allegations that Bradley forced children to perform sex acts on him as recently as Dec. 13.

Dr. Bradley came under suspicion after a 2-year-old girl told her mother that Bradley had touched her genitals and "hurt her" during a Dec. 7 appointment.  The girl's mother said that Dr. Bradley had first examined the little girl in her presence and afterwards "removed the victim to the basement of the office, where a toy room is located." The mother was not suspicious and permitted her daughter to be alone with Bradley "because of his position as a doctor" and because she "trusted him."

"The thing that makes this case so troubling and horrific is the alleged abuse of trust in this matter," said  Delaware Attorney General Beau Biden. "These are highly specialized cases where no one in the community could believe someone could do this to a child, to a child who is voiceless."

"I cannot say certain things that I am feeling, and I am feeling a great deal. I am determined to see that this defendant will never, ever be in a position again to hurt another child." 

Dr. Bradley was seen on numerous tapes undressing his patients and performing sex acts on them in the examination room known as "The Pinocchio Room". In another room "The Little Mermaid Room" he was captured on tape muzzling screaming children as they tried to flee the abuse.

Delaware Attorney General Beau Biden ordered the Delaware Department of Justice to remove all the signs and toys, from the front lawn of Dr. Bradley's practice known as BayBees Pediatrics located at 1503 Highway One, Lewes, DE 19958.

"The community should not be faced with the visual reminder of their pain as they go about their daily lives," Biden said. "We hope that removing these outward displays promoting Dr. Bradley's practice, including toys, figurines, vehicles, a lighted sign and billboard is a small step in helping the Lewes community begin the healing process."

If convicted, Bradley faces a mandatory sentence of life in prison without the possibility of parole. He is represented by attorney Eugene Maurer. 

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The "Pinky" Trial Continues

On trial at Orange County Family Court in Goshen, NY, is the 13-year-old boy known as "Pinky". He has been charged in the stabbing death of 17-year-old Levi King Flores on Jan. 13, 2010 in Newburgh NY. The trial began on Feb. 3 with police statements that the 13-year-old "Pinky" had assisted them in recovering the knife used in the attack. See the details here.

The prosecution suffered a setback when Family Court Judge Andrew Bivona threw out much of the evidence, including the statements made by "Pinky" when he was questioned by the police and the knife used to kill Levi King Flores, which the boy had helped them find - calling them the "fruit of the poisonous tree." Here is why the judge threw out the evidence:

As previously noted both the boy and his mother were read his Miranda rights. The mother was told in Spanish and the boy, who speaks English, in English. The problem was that the police conducted the entire interview with the boy in English, which his mother did not understand.

The boy's attorney, Stuart Greenberg, argued that "the language barrier of the mother prevented her from helping her son understand what police were asking and the consequences of answering." The judge agreed and granted Greenberg's motion to suppress the boy's statements.

Since the police were unable to use the boy's statements, they were also unable to use any evidence obtained from the interview with the boy, including the knife and any DNA evidence recovered from the scene.

Prosecutors were however allowed to use identifications made by two witnesses who claimed to see the stabbing. Each picked the boy out of a photo array as the killer. They were both friends of Levi.

The trial continued with the testimony of two of Levi King Flores' friends, both of them in 7th grade. They described the events leading up to the death of the 17-year-old. Both parents of Levi King Flores were in court, silently watching the proceedings.

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The first to testify was a 13-year-old boy. This is how he described what happened:

Levi and his friends were playing on a frozen pond in Downing Park. They had a small bat and were trying to punch a hole in the ice. A group of girls approached them and started swearing at them. One of the girls was the sister of the 13-year-old defendant, "Pinky". The girls continued to belittle the gang the boys belonged to - La Eme. During the confrontation "Pinky's" sister used her cellphone to call her brother. He came to join them and they all left going in the direction of a nearby store.

Levi and his friends also left, heading in the same direction. The argument continued culminating in a fight between "Pinky" and another 12-year-old boy. At the same time, Levi himself, was arguing with "Pinky's" sister and eventually got caught up in ongoing the fight. No one knew at the time that "Pinky" had a knife - hidden in one of his sleeves - until it was too late.

"After that Levi was limping, and we carried him to St. Luke's," he said.

After relating the story the boy was crying. "Pinky's" lawyer, Stuart Greenberg, gave the boy time to recover before starting the cross-examination. Under cross-examination the boy said that Levi King Flores was indeed a member of the Newburgh street gang known as La Eme. He said that he did not know what had happened to the bat used to break the ice on the pond. He also said that it was not used in the fight.

When the second witness - a 12-year-old boy - took the stand he recounted the same story as the previous boy. When the Assistant District Attorney Allan Drian asked him to lift up his shirt, he revealed the scars left from the three puncture wounds he had received during the knife attack. This provoked an audible gasp from Martha, Levi's mother.

The trial continues.......

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12-Year-Old Arrested for Doodling

It's one thing when there are disruptive kids in class: - if a fight breaks out, someone brought drugs to school or a knife or a gun - there may be a need to call the cops. But should kids be arrested and placed in handcuffs for doodling on a school desk? Well, Yes!! say the officials at Junior High School 190 in Forest Hills, Queens, NY.

Alexa Gonzalez, a 12-year-old Queens girl, was arrested for writing with a lime green marker the words “I love my friends Abby and Faith” on her desk. She also added “Lex was here. 2/1/10” with a smiley face. She was scribbling those words on her desk while waiting for her Spanish teacher to pass out homework. That was probably the biggest mistake the 12-year-old Alexa ever made in her entire life.

She was led out of school in cuffs and walked to the precinct across the street, where she was detained for several hours, she and her mother said.

"I started crying, like, a lot," said Alexa. "I made two little doodles. ... It could be easily erased. To put handcuffs on me is unnecessary." Alexa, who had a stellar attendance record, hasn't been back to school since, adding, "I just thought I'd get a detention. I thought maybe I would have to clean [the desk]."

What Alexa got was much more than detention. Alexa was suspended from school. She and her mom, Moraima Camacho, had to go to family court, where Alexa was assigned eight hours of community service, a book report and an essay on what she learned from the experience.

City officials acknowledged Alexa's arrest was a mistake and school principal Marilyn Grant has lifted the suspension, although she says that allowing the arrest was not her fault and was something that school policy required her to do.

"Even when we're asked to make an arrest, common sense should prevail, and discretion used in deciding whether an arrest or handcuffs are really necessary," said police spokesman Paul Browne.

In this case neither common sense nor discretion prevailed. One would think that that law enforcement officials would have more important things to do than arresting and traumatizing 12-year-old girls for writing on their school desk.

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Ex-Boyfriend Gets Woman Raped

Jebidiah James Stipe, 27, from Carbon, Wyo. broke up with his 25-year-old girlfriend but he was far from finished with her. In fact he hatched a scheme that would eventually make her life a living hell; destroy the life of not-so-innocent Ty Oliver McDowell, 26, from Bar Nunn, Wyo.; involve Craigslist in another scandal; give prosecutors a headache and the general public an insight into the depravity of a sick, conniving, malicious individual. 

This all began after Jebidiah Stipe, a Marine stationed at Twentynine Palms, Calif., broke up with his girlfriend from Casper Wyo. He then posted an ad in the "adult services" section of Craigslist, pretending to be his girlfriend. The ad said:

"Need a real aggressive man with no concern for women"

Stipe also included the woman's picture and personal information. The ad remained on Craigslist for two days before the ex-girlfriend saw it. She contacted the Natrona County Sheriff's Office, complaining that someone had posted a false Craigslist ad about her. She also complained to Craigslist, which took down the ad. But the damage had already been done.

The ad was spotted by Ty Oliver McDowell, a medical technologist, employed at the Wyoming Medical Center's radiology department. He e-mailed a response to the address given in the ad and began corresponding with whom he thought was a woman, but was really Jebidiah Stipe.

During the exchange of messages, Stipe, posing as his ex-girlfriend, explained exactly what "she" wanted - "humiliation, physical abuse, sexual abuse" - and gave Ty McDowell his ex-girlfriend's address. 

Taking this for an invitation, Ty McDowell went to the woman's house. When she answered the door he said "I'll show you aggressive," and immediately began to assault her. He forced her into the living room and bound, blindfolded and gagged the 25-year-old woman. Then he raped her as he pressed a knife to her throat.

Later, he told detectives he thought he was fulfilling her rape fantasy.

McDowell was arrested and charged with first-degree sexual assault, aggravated kidnapping and aggravated burglary. Stipe was also arrested and charged with conspiracy to commit first-degree sexual assault.

According to a Marine Corps spokeswoman, Jebidiah James Stipe - a maintenance mechanic who had enlisted in the Marines in 2001 - was in the process of being ejected for an undisclosed pattern of misconduct at the time of his arrest. Documents related to Stipe's arrest have been sealed.

Craigslist has also come under fire for allowing the ad to be placed on its site. "Although Craigslist officials had cooperated with the investigation, the fact that they published sexually suggestive ads also facilitated the crime" said Natrona County Dist. Atty. Mike Blonigen:

"If I were king, I'd like to see them not run these personal ads," he said. "This is a debate we've had for a long time: . . . Do we censor the Internet?"

Steve Patterson, a spokesman for the Cook County sheriff who had sued Craigslist before, said the website wasn't blameless:

By hosting an adult services forum, "they create this specific place for criminal activity to take place," he said.

Craigslist had no comment on the case. But Federal law protects Internet sites from liability for their users' actions, said M. Ryan Calo, residential fellow at Stanford Law School's Center for Internet and Society.

"The idea was that these website platforms were truly communities assembled of random users, with no editorial control over what users were doing. Craigslist is like a hotel with millions of rooms, but it doesn't have the ability to figure out what's happening in those rooms," Calo said.

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