Horse Lover Sentenced

Erick Rivera, 18, of Goshen, NY known as "The Horse Romancer” was arrested in December 2009. At the time of his arrest he admitted to police that he repeatedly had sex with horses in their stables, located across the street from where he lived. But as he stood before Orange County Court Judge Robert Freehill there was no mention of either horses or sex. Instead, he pleaded guilty to third-degree burglary, a felony, and Freehill granted him youthful offender treatment, which seals the court record. He had originally been charged with a felony burglary count and two misdemeanors – sexual misconduct with an animal and petit larceny.

The case sparked outrage among animal lovers nationwide, who sent cut-and-paste e-mails urging that Freehill impose a harsh sentence. But the stiffest charge allowable in New York for sex with an animal is sexual misconduct, a misdemeanor. Prosecutors insisted he plead to the more serious burglary charge.

Rivera has been held in the county jail since his arrest. Judge Robert Freehill sentenced Rivera to 90 days in the county jail and five years’ probation for burglarizing the Goshen Historic Track last year. His lawyer, Gary Abramson of the Orange County Legal Aid Society, said Rivera will move to New York City to live with his sister when he’s released from jail. His probation will be supervised by New York City authorities.

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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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13-Year-Old "Pinky" on Trial

"Pinky" is of course not his real name, but that is what he is called on the streets of Newburgh. His real name has not been released by the police because of his age - he is only 13 years old. "Pinky" has been accused of stabbing 17-year-old Levi King Flores to death in a street fight in which three other teens were also stabbed but survived.

Read about the details of the case here and here.

"Pinky" was originally charged with murder but because of his age and other factors he now faces:

1 Count Second-Degree Manslaughter (felony) 

3 Counts of Second-Degree Assault (felonies)

1 Count of Fourth-Degree Misdemeanor Criminal Possession of a Weapon.

For his own protection "Pinky" is being held in a secure youth detention center in Erie County. He had previously been jumped by other teens while in a Westchester County youth detention center. Also because of his age and the charges against him, "Pinky" is being tried as a juvenile in Family Court. According to the Times Herald-Record:

The longest sentence the boy could face is 18 months at a stretch in secure detention, but the state Office of Children and Family Services can return to court to keep a juvenile in secure detention until age 18.

His trial began on Wednesday, Feb.3, 2010 in front of Judge Andrew P. Bivona in Orange County Family Court. Senior Assistant County Attorney Allan Drian is the prosecutor in the case. The boy's lawyer is Stuart Greenberg. The trial is expected to last about two weeks.

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On the first day of the trial, police testified that before they began to question "Pinky", his mother was advised, in Spanish, of the boy's rights. They say the boy assisted them by returning to the crime scene - at the corner of First St. and Carpenter Ave. in Newburgh - and helped them find the weapon he had used and then tossed away. Evidence against the 13-year-old includes a videotaped interview, DNA evidence and eye-witness statements.

Hinting at possible previous confrontations, the defense attorney, Stuart Greenberg, requested that the judge order the prosecution to turn over any documentation of arrests in connection with a gang assault on the 13-year-old and his sister prior to the stabbings.

The trial continues......

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