Tuesday, September 22, 2009

Worcester man held on child-rape charge


Byline: Gary V. Murray

September 5, 2009

WORCESTER - A Millbury Street man charged with sexually assaulting a 13-year-old girl was ordered held on $20,000 cash bail after pleading not guilty at his arraignment yesterday in Worcester Superior Court.

Angel L. Valentin, 36, of 605 Millbury St. was indicted Aug. 21 on charges of indecent assault and battery on a child, three counts of rape of a child with force, three counts of child rape and two counts of rape of a child aggravated by age difference.


Accompanied by his lawyer, Jacob P. Morris, Mr. Valentin entered not-guilty pleas to those charges yesterday morning. Judge James R. Lemire set bail of $20,000 cash or $200,000 with surety, as requested by Assistant District Attorney Joseph J. Reilly III, and continued the case to Oct. 13.

The aggravated rape charges were lodged against Mr. Valentin under a state law enacted last year that requires a mandatory minimum state prison sentence of 10 years for anyone convicted of raping a victim between the ages of 12 and 16 when there is more than a 10-year age difference between the defendant and victim.

The same mandatory minimum sentence applies if the victim is under 12 and the defendant is more than 5 years older, or if the defendant is a mandated reporter of suspected child abuse or neglect.

Medical personnel, teachers, clergy, social workers, mental health professionals, child care workers, guidance counselors, foster parents, police officers and others are mandated under state law to report cases of suspected child abuse or neglect to the state Department of Children and Families.

Child rape carries a maximum sentence of life imprisonment in Massachusetts.

The new law passed last year was a modified version of Florida's "Jessica's Law," written in response to the 2005 rape and murder of a 9-year-old girl by a repeat sexual offender.

The sexual assaults Mr. Valentin is charged with allegedly occurred on various dates from April 2007 to June 13 of this year. Police said the alleged victim was known to Mr. Valentin.

Mr. Valentin was arrested June 15 after the girl told a parent she was sexually assaulted by him two days earlier, and the parent took the 13-year-old to a local hospital, according to police.

Mr. Valentin was initially charged in Central District Court. The case was moved to Worcester Superior Court after he was indicted last month.

http://www.thefreelibrary.com/Worcester+man+held+on+child-rape+charge.-a0207342382

Man sentenced to 38 to 40 years in prison in child sex case

Man sentenced to 38 to 40 years in prison in child sex caseWill serve 38 to 40 years, had sex with girls ages 9 and 10

By Jim Patten
jpatten@eagletribune.com

LAWRENCE — A man charged with videotaping himself having sex with two girls ages 8 and 9, pleaded guilty to 14 indictments yesterday and was sentenced to 38 to 40 years in prison, followed by lifetime community parole.

James Raboin, 44, formerly of 219 E. Haverhill St., had been held on $50,000 cash bail since turning himself in on May 1, 2006.

Raboin was charged with four counts of rape of a child.

Raboin's illegal activities were discovered after an April 24, 2006, burglary at his apartment. Nearly $3,500 worth of video production equipment and a small safe were taken in the break.

The safe contained 21 DVDs and videocassettes, at least one of which showed Raboin with the underage girls. One of the victims appeared in only one of the videos, while the second appeared in more than one video, police said.

There were three suspects in the burglary, all juveniles, and when the mother of one of them realized what was on the DVDs, she recruited someone unconnected to the break to turn them over to investigators, police said.

Court documents showed the rapes and indecent assault and battery on a child under 14 occurred on various dates between January 1998 and April 2005.

Lawrence Superior Court Judge David Lowy sentenced Raboin to concurrent sentences of 25 years each on two of the counts, and 10 years of probation on the remaining two counts.

On three counts of indecent assault and battery on a child under 14, Raboin was sentenced to eight to 10 years in prison, that sentence to run from and after the 25 year sentence.

On two counts of posing a child in a state of nudity he was sentenced to 10 years to 10 years and a day in prison, that sentence to run from and after the eight to 10-year sentence on the indecent assault and battery charge.

He was sentenced to 10 years to 10 years and a day on a charge of administering a drug to a minor, that sentence to run concurrent with the charges of posing a child in a state of nudity.

On the four remaining counts of posing a child in a state of nudity, he was placed on 10 years of probation from and after his committed sentences.

"When he gets out after 38-40 years, he'll be on 10 years' probation after that," said Stephen O'Connell, spokesman for the Essex district attorney's office.

Upon his release from prison, Raboin will be on lifetime community parole, requiring him to wear a GPS bracelet, stay away from all children under 16, stay away from the victims in the case, and to undergo sex offender counseling.

Assistant District Attorney Jessica Connors prosecuted the case and Michael Phelan was defense counsel, O'Connell said.

Lawrence Detective Lt. Mary Bartlett led the investigation.


http://www.eagletribune.com/punews/local_story_264233656.html

Thursday, September 17, 2009

Convicted Fall River sex offender charged with possessing child porn




MacBarron.jpg


Courtesy of the Fall River Police Department
Convicted Level 3 sex offender Shawn MacBarron has been arrested again on charges of possessing child pornography.

Herald News Staff Reporter
Posted Sep 16, 2009 @ 02:03 PM

FALL RIVER —

A convicted Level 3 Sex Offender has been arrested on charges of possessing child pornography.

Police spokesman Sgt. Thomas Mauretti said Shawn MacBarron, 29, of 207 Rodman St., Apt. 2, was arrested Friday and charged with possession of child pornography after Major Crimes Detective Steven Washington executed a search warrant at MacBarron’s home Friday.

Mauretti said during the search Washington seized a large number of CDs, DVDs and VHS tapes in the apartment and after viewing one DVD found the disc contained over 80 photographs of child pornography.

MacBarron, Mauretti said, was designated as a Level 3 Sex Offender after a conviction in 2002 for open and gross lewdness and lascivious behavior. In 2006, MacBarron was also convicted for enticing a child under the age of 16. The Sex Offender Registry defines a Level 3 Sex Offenders as individuals that have a high risk to reoffend and that the degree of dangerousness posed to the public is such that a substantial public safety interest is served by active community notification, Mauretti said. He added the public can go to the Fall River Police Department’s Web site at www.frpd.org for information and links to Massachusetts Sex Offender information.

While MacBarron has been arrested, authorities are asking that if anyone has further information about MacBarron’s actions to contact Washington at 508-324-2796, ext. 264.
Detective Captain Daniel S. Racine said the arrest is the result of lengthy work conducted by Washington.

“Detective Washington and a confidential witness have worked tirelessly on this case for many months,” Racine said.

E-mail Will Richmond at wrichmond@heraldnews.com.

Monday, September 14, 2009

DA seeks reversal of judge's decision on Lowell rapist

DA seeks reversal of judge's decision on Lowell rapist

By Lisa Redmond, lredmond@lowellsun.com

09/14/2009

LOWELL -- Concerned that a psychological report of Ralph W. Goodwin, a Level 3 sex offender, indicates that he is still "grappling'' with why he sexually abused a young boy, and noting that he doesn't have a plan to keep himself from reoffending, the Middlesex District Attorney's Office will ask a judge to reconsider her decision on allowing Goodwin to not wear a Global Positioning System device.

According to court documents, prosecutor Deborah Bercovich argues that as part of his 10-year conditions of probation, Goodwin must comply with the state Department of Mental Health directives to show he is actively working to decrease his own risk of offending.

"However," Bercovich writes, "documentation provided to the court from both the defendant and the Commonwealth paint a picture of an individual who, despite a finding that he is not a sexually dangerous person for commitment purposes, is grappling with issues relating to why he offended and does not have a relapse prevention plan.''

She argues that a GPS would provide a mechanism for the Probation Department to monitor Goodwin during the inevitable time periods when DMH and his probation officer are simply unable to supervise and monitor him.

Bercovich also asks that the judge consider "exclusion zones,'' including the victim's address and any schools, parks and playgrounds near Goodwin's home on Merrimack Street in Lowell.

And while the state's highest court ruled that the mandatory imposition of GPS monitoring bracelet on all sex offenders is punitive, Bercovich argues that the Supreme Judicial Court's decision allows judges, at their discretion, to impose the GPS on cases that warrant it.

"GPS monitoring of this defendant is a reasonable restriction and is intended to be preventative in nature,'' she wrote.

No date has been scheduled to hear the motion.

At a hearing last month, Lowell Superior Court Judge Kathe Tuttman refused to challenge an SJC ruling that only sex offenders whose crimes were committed after December 2006 will be required to wearing GPS devices while on probation. The 2006 date is significant because that's when a new statute went into effect requiring sex offenders to wear GPS devices so the Probation Department can monitor their whereabouts.

The SJC described the GPS devices as "punitive" and said they cannot be applied retroactively under the provisions of the U.S. and Massachusetts constitutions.

The Probation Department estimates the ruling will impact about 254 sex offenders statewide.

Goodwin, a Level 3 sex offender, was convicted in the 1990 kidnapping and rape of a 7-year-old Lowell boy. After Goodwin spent 19 years behind bars, a jury in June found he is no longer sexually dangerous. He is one of those impacted by the SJC's decision. Tutteman refused to impose a GPS device as a condition of Goodwin's 10-year probation.

http://www.lowellsun.com/ci_13332833

Anger as man who raped boy in 1990 freed with no GPS

Anger as man who raped boy in 1990 freed with no GPS

By Lisa Redmond, lredmond@lowellsun.com

09/14/2009

CHELMSFORD -- Nearly two decades of pain and anger flow down the Lowell mother's face as she tearfully recalls the night in 1990 when her 7-year-old son was kidnapped, held captive overnight and repeatedly raped by Ralph W. Goodwin.

"It was horrible,'' said the woman, who asked that her name not be used to protect the identity of her now-27-year-old son. "My son's innocence was ripped away.''

The pain of that night and its aftermath have come back to haunt the mother, as Goodwin, now 47 and a Level 3 sex offender, was recently released from prison, after 19 years in custody, when a jury found he is no longer a sexually dangerous person.

One mental-health expert testified that Goodwin, who is schizophrenic, is not dangerous as long as he stays on his medication.

"I thought he'd be in prison forever,'' the mother said as she sat in a Chelmsford coffee shop.

Goodwin, a Lowell resident, could not be reached directly for comment. The Sun tried to contact him through a family member but received no reply.

The family's painful story began on the night of Feb. 3, 1990.

The woman explained that while she and her husband were at a private, cultural function at a Lowell civic club, their son was playing hide-and-seek with a young girl at the club. Police would later tell the mother that Goodwin had been downstairs at the bar drinking, but somehow got into the private function upstairs.

Goodwin saw the two children, isolated her son by having the girl go hide, and then kidnapped him. As he carried the boy out of the building, Goodwin threatened to kill the child if he cried out, according to published reports. Goodwin was a stranger to the boy.

After giving the boy alcohol and raping him under a bridge, Goodwin dragged the boy, who was not wearing a jacket, through the snow around the city and then to his basement apartment, sneaking him in through a basement window, where he raped him again. After holding the boy captive overnight, Goodwin carried him outside in a cardboard Christmas tree box, deposited him on a street corner, then called a taxi to drive the boy home.

The mother, who was distraught and exhausted over her son's disappearance, recalls being on the telephone with police when a cab pulled up in front of her house and her son got out.

"My son ran down the driveway and I ran to him,'' the mother said, wiping away tears. "I grabbed him and squeezed him. I just wouldn't let him go.''

Later, she would learn from police the horrible sexual abuse her son was forced to endure, though he has never spoken to her about it.

In 1990, Goodwin, then 27, pleaded guilty to three counts of aggravated rape and one count of kidnapping. Judge Patti Saris, then a Middlesex Superior Court judge, sentenced him to 10-15 years in state prison for the kidnapping. Goodwin is on probation for the next 10 years with a 30-to-40-year suspended sentence hanging over his head on the rape charges if he should violate his probation.

Goodwin's conditions of probation are that he continue his mental-health treatment, have no contact with the victim, and no contact with children under 16. But the Probation Department's request for Goodwin to wear a Global Positioning System, or GPS, ankle bracelet hit a snag.

A recent state Supreme Judicial Court ruling allows Goodwin to walk the streets without wearing a GPS that would have tracked his whereabouts.

The state's highest court ruled that only sex offenders whose crimes were committed after December 2006 will be required to wear GPS bracelets while on probation. The cut-off date is when the Legislature enacted a statute that all sex offenders wear GPS devices while on probation. But the SJC ruled the statute is "punitive'' and cannot be applied retroactively.

The state Probation Department estimates that about 250 sex offenders were affected by the decision, including Goodwin.

At a hearing last month, Lowell Superior Court Judge Kathe Tuttman decided not to buck the SJC. She denied a motion to impose the device on Goodwin by the Middlesex District Attorney's Office, which argued that the SJC gave judges the discretion to order the GPS in some cases.

The DA's office filed a recent motion for Tuttman to reconsider her decision. (See related story.)

"It's wrong,'' the mother said. "Why is it important that the sex offender's rights are protected, but my son's rights were violated in 1990 and no one cares? My son didn't ask for this, but he lives with it.

"I sit and look at young children and remember my son at that age," she added. "(Goodwin) is the reason why parents have to be so protective of their children.''

Chelmsford resident Laurie Myers, president of the victim-rights group Community Voices, said, "The focus is on Goodwin's rights, and nobody cares about the victim.''

The mother said her son, an only child, still has emotional issues and problems forming relationships, even with therapy. He suffered even more emotional trauma when his father died in 2006 after a nine-month battle with pancreatic cancer.

The mother said she has tried to move on and be positive, living her life "without Goodwin hovering over me.'' But her son still feels like he is in "limbo.''

Even as her son continues to struggle, the mother said that with Goodwin on the street, "I'm not afraid for my son anymore. I'm afraid for other children."

http://www.lowellsun.com/todaysheadlines/ci_13332834

Saturday, September 5, 2009

Man charged with child rape may take plea deal

http://www.tauntongazette.com/news/regional/x1595418935/Man-charged-with-child-rape-may-take-plea-deal

Man charged with child rape may take plea deal


Christopher French mug shot


Courtesy photo
Christopher French

GateHouse News Service
Sep 03, 2009

Christopher French, the former McCall Middle School employee indicted last year and charged with, among other crimes, child rape, may not see a trial.

Defense attorney Philip A. Tracy Jr., during a hearing Tuesday in which he was expected to argue in favor of a motion to suppress evidence, asked the judge to delay the hearing until the last scheduled pre-trial date later this month because he is currently discussing a possible plea deal with the prosecution.

Assistant District Attorney Michael Chinman told the judge he had no objections to the request.

“The defendant may plead guilty to all charges,” he said. “We’re hopeful that will happen [before the final pre-trial hearing].”

The judge granted the request, meaning that at the final pre-trial hearing, French will either change his “not guilty” plea to “guilty” after working out a deal with the state or, if a deal cannot be reached by that time, continue with the motion to suppress.

“We’re trying to work out some kind of disposition to the case,” Tracy said after the hearing. “But nothing is set in stone. We’re trying to keep all our options open.”

Clerks at the court said details of the motion to suppress filed by Tracy were not being released to the public at this time because of the nature of the case.

French was indicted by a Middlesex Superior Court Grand Jury Oct. 30, 2008, on charges of child rape, child enticement (two counts), posing a child in a state of nudity (four counts), disseminating visual material of a child in a state of nudity (four counts), possession of child pornography (four counts) and dissemination of matter harmful to minors (three counts).

The charges stem from alleged crimes committed against six underage female victims whom the prosecution argues French came into contact with during his tenure as a full-time special education teacher’s aide at the McCall Middle School from 2006 to summer 2008.

French is the son of McCall Middle School Principal Evander French.

In June, a judge denied Tracy’s request to amend the pre-trial conditions placed on his client, by refusing to allow French to remove a GPS tracking unit he was ordered to wear until the trial.

French is currently scheduled to appear at a final pre-trial hearing on Sept. 23 at 2 p.m. at Middlesex Superior Court. If a trial is still deemed necessary, it is scheduled to begin Oct. 19