By Patrick Wilson
NORFOLK - A jury has ordered a former police officer to pay $500,000 in damages to a woman who claimed he raped her while answering her 911 call for help.
Former Officer Jason M. New did not show up for his civil trial last month.
A jury awarded plaintiff Angela L. Allen $250,000 in compensatory damages, $250,000 in punitive damages and additional costs of $985.50, according to a May 20 court order.
Circuit Judge John R. Doyle III previously found that New was liable for rape and sexual assault of Allen, according to court records.
Allen was 60 in August 2010 when she filed the lawsuit. She argued that she was disoriented because of a combination of alcohol and prescription and over-the-counter drugs when she called 911 for help at her home in Ghent. New, who was on duty and in uniform, arrived and raped her, according to her lawsuit, then returned and raped her a second time, the suit alleges.
Allen argued that she couldn't consent to sex because of her impaired condition.
The Virginian-Pilot generally does not publish the names of sexual assault victims, but Allen spoke with the newspaper about the lawsuit in 2010 and agreed to allow her name to be published.
New was 34 when the suit was filed and had worked for the Norfolk police since April 2007.
In March, his attorney asked to withdraw as his lawyer because he couldn't reach him or find him.
Commonwealth's Attorney Greg Underwood found insufficient evidence to prosecute New, his spokeswoman said in 2010.
If attorneys for Allen had their way, the city of Norfolk would be paying up, too. But because of sovereign immunity, Doyle dismissed the lawsuit against the city, a decision that was upheld by the Virginia Supreme Court.
Robert Ruloff, one of the plaintiff's attorneys, said his firm is using an investigator to try to find New.
"If we can find him, we can take his deposition and see what he has. If he's got any assets, we can try to take his assets," Ruloff said. "We're going to pursue this until we try to get her compensation."
City spokeswoman Lori Crouch said records show New was terminated on Nov. 11, 2010.
Friday, June 14, 2013
Our thoughts on the video:
- The only reason the community "has a right to know" is due to laws being passed based on myths.
- What about our "right to know" about all other ex-felons who live around us and who are more dangerous?
- These laws don't really keep anybody safe from someone determined to commit a crime, they are nothing more than a false sense of security.
- Starting at 1:15 the officer says there is a different between and registered sex offender (RSO) and a sexually violent predator (SVP). Well, that is not exactly true, to a point. Anybody who commits a sexual crime is forced to register, so therefore they are a RSO, but, that doesn't mean they are a SVP either, and a SVP is also a RSO. So he is not 100% correct here.
- Around 2:20 the officer says that all SVP's are subject to community notification. It is our understanding, which we may be wrong, that all RSO's, regardless of classification, are subject to this community notification, not just SVP's. Maybe someone from this state can clarify that for us? He also states that SVP's must register with the local police, but again, it's our understanding this affects all RSO's, not just SVP's.
- Polygraphs are junk science and they say that the results are not admissible in courts, yet they are used to violate someone. Read more on Polygraphs.
- Around 4:20 the officer talks about treatment and rehabilitation, well, when you are forced on an online registry which people use to deny you jobs, a home, or target you or your family for harassment, or worse, rehabilitation is nonexistent!
- Around 6:10 the officer mentions that most sexual offenders have no criminal history at all, which also points out that most people who commit sexual crimes are not known (registered) sex offenders, but someone who hasn't been caught yet, and it also shows that re-offense rates are indeed low, not high.
- Around 6:50 the officer mentions that female sex offenders account for less than 10% of all RSO's. Well, that is mainly because that when a female commits a sex crime, it's seen as a male "getting lucky" or the female was "depressed" or something else. There is a double standard in society, and it is our opinion that if that was eliminated, women would account for a lot more sexual crimes, but that's just a hunch.
- The officer then goes on to show that most sexual crimes are committed by people the victim knows, not a stranger, and that most sex crimes are committed in the offenders own home or the victims.
- Around 9:15 the officer says that the community has a vested interest in helping the offenders re-integrate back into society, but again, the online registry and residency laws prevent that. They force people into joblessness, homelessness, away from support, and also is a tool for vigilantes to use, which is an increasing problem.
- At 9:40 he also mentions that ex-offenders need housing, jobs and that harassment, or threats, won't be tolerated, which we seriously doubt due to what we've blogged about over the many years.
Location: Colorado, USA
By Mathew J. Schwartz
Convicted LulzSec hacker Ryan Cleary, 21, is set to be released "imminently" after appearing Wednesday in a London courtroom for sentencing relating to charges that he made and possessed 172 indecent images of children on his PC.
"Some of these images showed children aged as young as six months old in circumstances where they were completely vulnerable," Judge Deborah Taylor told Cleary, reported The Independent in Britain. "These images were such as would make any right-minded person concerned at you viewing such images."
Cleary, aka Viral, previously pleaded guilty to two charges of making indecent images of children and one charge of possessing indecent images of children. Taylor said Wednesday that although U.K. sentencing guidelines required incarceration for the offenses to which Cleary had plead guilty, "time has been served in any event."
Based on time served, his pleading guilty to all charges filed against him and agreeing to wear an electronic device that will monitor his location, Cleary received a three-year community service order, which requires that he work in the community without pay. He also received a 36-month supervision order, which is akin to probation and requires that Cleary meet weekly with his probation officer. Finally, Cleary was ordered to sign the U.K.'s Violent and Sex Offender Register, which is a database used by police and prison officials to track people convicted of related offenses.
Cleary previously appeared in court last month, when he was sentenced to 32 months in prison, followed by a five-year serious crime prevention order that can be used to restrict where he's allowed to travel and which jobs he'll be allowed to work.
Also sentenced in May were fellow LulzSec participants Jake Davis (Topiary), Mustafa al-Bassam (Tflow) and Ryan Ackroyd (Kayla). Together with Cleary, they pleaded guilty to charges of hacking a number of sites, including the CIA, Britain's Serious Organized Crime Agency (SOCA) and National Health Service (NHS), and Sony Pictures Entertainment, as well as leaking the credit card data and personal information of hundreds of thousands of people. Cleary also pleaded guilty to launching numerous distributed denial of service (DDoS) attacks under the banners of Anonymous, Internet Feds and LulzSec.
British police said the attacks in which Cleary participated caused an estimated $31 million in damages.
British police said that when they arrested Cleary at his home on June 20, 2011, they found him in the middle of launching a DDoS attack against the website of SOCA, which was conducting a joint investigation with the FBI into the activities of LulzSec, Anonymous and AntiSec.
Clearly was first arrested in 2011 and released on bail, subject to his refraining from using the Internet. He was re-arrested on bail violation charges on March 5, 2012, for going online in December 2011 to contact LulzSec leader Sabu. The day after Cleary's arrest, federal officials revealed that in June 2011, Sabu -- real name Hector Xavier Monsegur -- had been arrested and turned confidential government informant, and was helping the FBI investigate hackers and information security attacks.
The news of Cleary's imminent release after serving less than his full jail sentence has led some members of Anonymous to accuse him of having cut a deal with authorities, although no evidence has been produced to back up that assertion. "Anyone who gets away with child porn charges is obviously collaborating with the feds," according to a post by "ro0ted" to the pro-Anonymous CyberGuerilla blog.
Cleary's legal troubles might not be over, as he was indicted last year by a Los Angeles federal grand jury on hacking charges. But his attorney, Karen Todner, said last year that U.S. prosecutors had indicated that they wouldn't be seeking his extradition. Furthermore, if that changed, she said her client would fight any such request. "Cleary suffers from Asperger's syndrome and is on the autistic spectrum and extradition to the United States is totally undesirable," she said.
Location: London, UK