Nel's New Day

August 13, 2016

No Prison for Sexual Assault Perpetrator

Petition.

Another judge has ruled no prison term for a college student who sexually assaulted a young woman. Like Judge Aaron Persky in the Brock Turner case, a convicted sexual assault perpetrator jailed only three months for sexual assault conviction, Boulder District (CO) Patrick Butler finds the future of the perpetrator more important than punishment.

Austin James Wilkerson, University of Colorado (CU) student, was “pissed off” after the victim rejected his advances. He called her a “f*$%ing bitch” and told friends later that he would “take care” of her. While others watched, Wilkerson gave her water and checked her pulse and temperature. He even sent a text to her friend about his caring for her.

When he was alone with the victim, he sexually assaulted her in multiple ways while she went in and out of consciousness. At trial, he testified she wasn’t drunk and had made “pleasure sounds” while he “caressed” her vagina. He said he left in the middle of the encounter because he felt guilty for cheating on his girlfriend. Wilkerson finally admitted that he “digitally and orally penetrated” the woman while he “wasn’t getting much of a response from her.”

The probation department determined Wilkerson remorseful, but Deputy District Attorney Caryn Datz disagreed, saying the former college student had lied on the witness stand. “It was a five-day display of arrogance, entitlement, privilege and blatant disregard for the role of law,” Datz said of his trial. “This defendant on the witness stand admitted he is willing to lie to gain an advantage to himself.” Deputy District Attorney Lisa Saccomano said Wilkerson displayed a pattern of “highly deceptive, manipulative behavior,” changing his story when it suited him from the night of the sexual assault to his interviews with the probation department.

In court, Austin’s victim said:

“When I’m not having nightmares about the rape, retaliation or a retrial gone awry, I’m having panic attacks. Some days I can’t even get out of bed…. Have as much mercy for the rapist as he did for me that night.”

The victim also told the court about the victim blaming and quoted the ways that victimized are faulted for attacks on them–for example, “If I hadn’t been drunk, this wouldn’t have happened. If I hadn’t gotten separated, this wouldn’t have happened.” She asked, “Yet it was excusable for him to rape me because he was drunk?”

patrick butlerAlthough Wilkerson’s conviction for unlawful sexual assault and assaulting a helpless victim should have given him four to twelve years in prison with the possibility of life if he weren’t rehabilitated, Butler (right) was afraid that rehabilitation was not possible and didn’t want to send him to prison. Therefore he sentenced Wilkerson to 20 years to life on probation and two years in the county jail allowing him to leave during the day to work or attend classes. The judge agreed that Wilkerson appeared to feel “entitled” and “tried to play the system,” but he still kept Wilkerson out of prison.

University of Colorado has 13,000 female students. A recent survey shows that 28 percent of female undergraduates at CU say they were sexually assaulted during their time on campus. Datz explained what she tells victims they will have to endure if they take a sexual assault crime to court:

“That despite her courage, and telling her parents, her school, police coming to meet me, it wouldn’t be enough. That she would have to come into a court and be totally exposed in a court full of strangers. I had to tell her she’ll be accused of seeking attention or having some sort of unknown agenda, and that our community may dismiss this as a drunken college night. I hate to have these kinds of conversations with the bravest people I get to meet.”

In California, Persky is facing a recall campaign for his light sentence of Brock Turner. In the meantime, some prospective jurors are refusing to serve under Persky because of his actions in the Turner case. Persky was also removed from a case in which a male nurse faces allegations of sexually assaulting an anesthetized woman.

According to Mitchell Byars, staff writer for the Daily Camera, district judges are not subject to recall. They are appointed by the governor’s office and subject to retention votes. Butler is not up for retention until 2020, and voters in the 20th Judicial District, covering Boulder County, have always supported a judge in a retention vote. The state legislature can, however, impeach judges. Signatures on this petition are one way to show legislators that they need to impeach Butler for his sentence of Wilkerson.

Wilkerson is not the only person convicted of sexual assault in Boulder County to stay out of prison. Seven months ago, Boulder District Judith LaBuda saved Daniel Ryerson, an Air Force cadet convicted of raping a fellow cadet, from a prison term of up to six years to life. LaBuda said she saw no “remorse” but found he had “redeemable qualities” allowing him to “be a functioning member of society in a positive manner if and when you accept responsibility for the crime that you committed: the rape of somebody who trusted you.” Letters from Ryerson show only blame for the victim and the court as he considers himself the victim.

Despite forensic evidence of rape, defense attorney John Pineau said his client wasn’t to blame any more than the victim:

“The facts in the case indicate that there was a joint venture in the case where both people had almost identical conduct, yet one person is demonized and the other is made a victim. The truth is not typically black or white, it’s somewhere in between.”

Ryerson raped the victim in a bathroom while she was drunk at a party. She says that she now lives in constant fear of retaliation. LaBuda said that she hoped there was “education to the rest of the cadets,” but lack of prison may not provide “education.”

All three men convicted of sexual assault are white and alive and not in prison.

Trump Watch: Trump’s campaign spokeswoman, Katrina Pierson, may be as ignorant as Trump about foreign and domestic affairs. She told CNN that Barack Obama was responsible for invading Afghanistan—that country that George W. Bush invaded in 2011 after he was appointed president by the Supreme Court—seven years before Obama became president.

Trump says that the presidential campaign has boosted his business, but he still refuses to release any tax returns. His excuse that he can’t while he’s being audited is totally bogus. His statement was made as part of a deposition in a $10 million breach-of-contract lawsuit against Geoffrey Zakarian. The chef pulled out of a deal to open a restaurant in Trump’s Washington, D.C. hotel after Trump accused Mexican immigrants of being rapists and drug dealers. Trump also blamed the media in his deposition for misinterpreting his comments. He also filed a lawsuit against chef José Andrés who also terminated his restaurant plans after Trump’s statements.

The deposition also showed that Trump’s company keeps two sets of books—the real ones and the “rosier” ones for lenders and investors, according to testimony from Raymond Flores,  a financial analyst. Projections from the two different sets of books about Trump’s $200 million luxury hotel from Washington, D.C.’s Old Post Office building shows a difference in earnings of 25 percent more in rooms and twice as much in food—millions of dollars—in the lenders’ “model.”

Asked about the reality of the “rosier” picture, Flores said that “it is within the realm of possibility to do great things with this hotel.” Trump’s lawyers tried to keep the May testimony from the public eye, but BuzzFeed News has petitioned the court for the full deposition. The judge ruled in favor of the media, but Trump’s team has filed an emergency motion asking for him to reconsider. If the judge turns Trump down, there may be more revelations about Trump’s dealings.

Trump’s past deceptions have been made obvious with probes into Trump University, his  purchase of condominiums in Baja California, the failure of his Atlantic City casino, refusal to pay his workers, etc. Only the investors in his projects lose.

Once again, Trump may have persuaded Reince Priebus, RNC chair, that the candidate can pivot into a civilized person. After Priebus appeared at a Trump rally to talk about their unity, the RNC and Trump’s campaign are working together to open 25 Florida field offices and install over 200 paid staff within the next three weeks. The spending is in the low six figures whereas Clinton and her allies have already spent more than $20 million in the state.

This is the same Trump who said about the recent letter from leading Republicans begging the GOP to dump him:

“I don’t know that we need to get out the vote. I think people that really want to vote, they’re gonna just get up and vote for Trump. And we’re going to make America great again.”

If he weren’t so scary, it would be more fun listening to him than the Bushisms of George W.’s early first term.

 

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1 Comment »

  1. But Trumps’s having fun all the way to the bank.

    Like

    Comment by Lee Lynch — August 13, 2016 @ 8:32 PM | Reply


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