David Flavell rap sheet

Boston Herald
Thursday, October 22, 2009

March 14, 1996: David Flavell is spotted by a security guard urinating in a mop bucket at a Salem, N.H., Kmart, then masturbating on children’s clothing. Suspended sentence.

April 10, 1996: At a Salem, N.H., Bradlees department store, Flavell is caught on camera masturbating into a shirt on display. Suspended sentence.

June 24, 1996: Flavell masturbates in front of a New Hampshire supermarket.
July 9, 1996: Flavell masturbates in front of another store in New Hampshire. Served two months for both offenses.

Dec. 13, 1996: Methuen police arrest Flavell in the afternoon for masturbating in the ladies clothing section of a Rich’s department store, 5 yards from where a woman was shopping.
Dec. 13, 1996: Hours later, back on the street, Flavell beats up and attempts to rape a woman he chats up at a Methuen American Legion Post.

Nov. 6, 1997: He is arraigned in Lawrence on accusations of assault with intent to rape, assault and battery with a dangerous weapon, and two other charges. The following April, he pleads guilty and is sentenced to 2 1/2 years in the house of correction. He is released Jan. 18, 2000.

Dec. 8, 2000: Flavell is bagged again for masturbating at a Gap in Taunton.

April 13, 2001: Flavell exposes himself outside a Brooks Pharmacy in Fairhaven.

Sept. 4, 2001: Flavell flashes a woman and her four children in the parking lot of a Canton Gap. In November, he gets a nine-month sentence for Taunton, Fairhaven and Canton offenses.

October-November 2002: Flavell is hospitalized for psychiatric evaluation after he admits to calling unidentified ‘hotlines‘ from Franklin and Taunton, threatening to harm children.

March 19, 2003: Police in Salem, N.H., charge Flavell with disorderly conduct and making false public alarms after he tells them he followed a mother and her child into a store.
April 28, 2003: For violating probation on Salem offense, Flavell is committed to the Bristol House of Correction for 2 years.

Sept. 15, 2004: Bristol District Attorney Paul Walsh Jr. petitions to have Flavell civilly committed as a sexually dangerous person. Flavell is held over pending a ruling.

Feb. 14, 2006: Judge Richard T. Moses denies the petition after five medical experts testify Flavell is not sexually dangerous. Two other experts, however, disagree. Prosecutors ask Moses to reconsider his decision, but he refuses.

December 2006: Braintree police charge Flavell with making obscene phone calls to the Connecticut Child Protection Services hotline, but the case is later dismissed.

Aug. 31, 2007: Flavell is arraigned in Boston Municipal Court for allegedly making ‘lewd and disturbing’ calls to the National Center for Missing and Exploited Children from pay phones at Massachusetts General Hospital and the Esplanade. The charges were dimissed in January when a critical witness backed out, but the case has been reopened and Flavell is scheduled to be arraigned in BMC again Wednesday.

Jan. 29, 2008: Carrying a backpack police suspect contained a ski mask, gloves and duct tape, Flavell allegedly follows a woman into the ladies room at the Braintree Borders after blocking the door with a bookcase and tries to crawl under her stall. He flees when she screams.

Feb. 20, 2008: Captured with the backpack Feb. 19 in a Brockton doughnut shop, Flavell, who claims to be homeless, pleads not guilty in Quincy District Court to accosting a person of the opposite sex and disorderly conduct. He remains held on $10,000 cash bail.

Oct. 22, 2009: Boston police charge Flavell with assault with intent to rape a woman in a Massachusetts General Hospital restroom.

http://www.bostonherald.com/news/regional/view.bg?&articleid=1206769&format=&page=2&listingType=Loc#articleFull

Level 3 Perv nabbed in hospital assault

Level 3 perv nabbed in hospital assault

By O’Ryan JohnsonFriday, October 23, 2009

A notorious Level 3 sex offender with more than a dozen sex crime charges on his record was arrested after he tried to rape a woman at Massachusetts General Hospital yesterday, badly injuring her in the process, police said.
David Flavell, 40, who is homeless, is expected to be arraigned today in Boston Municipal Court for assault with intent to rape.
Police and sources said Flavell apparently followed a woman into a bathroom at the hospital and assaulted her. Police said the woman was injured but did not specify the nature of the injuries.
The scenario was chillingly familiar.
Flavell was charged with accosting a woman after cops said he followed her into a bookstore restroom in Braintree in 2008 and blocked the door with a bookcase, but fled when the woman screamed for help. Police said he had a backpack with a ski mask and duct tape. The disposition of that case was not available last night.
In 2006, Bristol County prosecutors tried to have Flavell declared a sexually dangerous person. But Judge Richard T. Moses disagreed and allowed him to go free.
Not long after, Flavell was charged by Boston cops with making lewd calls to the National Center for Missing and Exploited Children in which he allegedly claimed to have repeatedly molested a little girl in 2007. The case was dismissed when a key witness backed out.
With more than 12 years of police reports to go by, psychiatrists have described Flavell as an exhibitionist. He has been arrested several times for exposing himself and masturbating in public. In Salem, N.H., he was bagged in a Kmart, where he was accused of pleasuring himself with children’s clothes in 1996. He got a suspended sentence.

http://www.bostonherald.com/news/regional/view/20091022level_3_perv_nabbed_in_mgh_assault/srvc=home&position=4

Billerica Level 3 sex offender competent for trial

Billerica Level 3 sex offender competent for trial

By Lisa Redmond, lredmond@lowellsun.com
10/22/2009

LOWELL -- Convicted Level 3 sex offender Ernest Frobese, who has been diagnosed with a delusional disorder, has been deemed by doctors at Bridgewater State Hospital as competent to stand trial on a charge that he refused to register as a sex offender.
Frobese, 69, of 54 Connolly Road, Billerica, has been held on $5,000 cash bail since his arrest in November 2007, when he refused to register as a sex offender as required by state law. It was that same refusal that led to his arrest on the same charge in June 2005.
In Lowell Superior Court this week, Judge Jane Haggerty ordered Frobese returned to Bridgewater State Hospital, where he can continue to receive treatment for his disorder pending a Nov. 19 court date to review his committment and his Jan. 13, 2010, trial.
A diagnosis from the court clinician indicates Frobese suffers from a persecutorial delusional disorder in which he sees conspiracies and corruption at every turn and believes the state has no domain over him.
During his Superior Court arraignment in January 2008, Frobese told the judge, "My constitutional rights are being violated constantly. I'm challenging the restraints of my life, liberty and my property."
Frobese made headlines in the fall of 2007, when he was seen giving out candy to youngsters on Halloween. According to Massachusetts law, it is not illegal for sex offenders to hand out candy at Halloween, but Billerica police say it lacks common sense for a convicted sex
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offender to do so.
The state Sex Offender Registry Board has classified Frobese as a Level 3 sex offender, the highest likelihood to reoffend. Frobese served 2 1/2 years in prison for a 1995 conviction of indecent assault and battery on a child.
He is required by law to register with the Police Department each year on his birthday in October. Billerica police had given him a deadline, but Frobese responded in writing saying he refused to register.

Level III Sex Offender Found Guilty On Child Enticement Charge In Connection With Alleged Solicitation Of 14-Year-Old Boy

Level III Sex Offender Found Guilty On Child Enticement Charge In Connection With Alleged Solicitation Of 14-Year-Old Boy

Connecticut Level III Sex Offender Found Guilty On Child Enticement Charge In Connection With Alleged Solicitation Of 14-Year-Old Boy

October 8th, 2009 - Press Release Archive, Press Release, Front Page News

For Immediate Release October 8, 2009
Contact: Corey Welford/Jessica Venezia 781-897-8325

Connecticut Level III Sex Offender Found Guilty On Child Enticement Charge In Connection With Alleged Solicitation Of 14-Year-Old Boy

WOBURN – A Connecticut man, who is also a registered Level III sex offender in that state, has been found guilty for the solicitation of a 14-year-old boy in Holliston, Middlesex District Attorney Gerry Leone informed the public today

Charles DiNardo, age 55, of West Haven, Connecticut, was found guilty by a Middlesex Superior Court jury on the charge of enticement of a child under the age of 16. DiNardo was sentenced to 4.5-5 years in State Prison by Middlesex Superior Court Judge Sandra Hamlin.

“The defendant, who has been classified as a sex offender at the most serious level in Connecticut, brazenly approached a young boy asking to have sex with him,” District Attorney Leone said. “We commend the jury for their just verdict and praise the victim for notifying a trusted adult immediately after the defendant solicited him, allowing his father to notify authorities who acted quickly in identifying the defendant as the culprit. This is another example of why we need laws that will allow for stringently conditioned monitoring of repeat predatory sex offenders when they are allowed back into our communities where they attempt to prey on our most vulnerable.”

According to authorities, the victim and his family were attending a gathering for scale model train enthusiasts at Arthur Street in Holliston on August 26, 2007. During that visit, he was allegedly approached by the defendant who asked him if he could speak with him alone. At that point, the defendant allegedly solicited sex from the boy in exchange for money. The boy walked away and notified his father.

After an investigation by Holliston Police, including interviews with multiple witnesses, DiNardo was identified as the alleged suspect in connection with the incident. Authorities in Connecticut were notified and an arrest warrant for the defendant was obtained out of Framingham District Court.

The defendant was arrested by West Haven Police in Connecticut on September 4. The defendant agreed to waive rendition and he was transported to Framingham District Court and arraigned on his charges on September 10. At his District Court arraignment, DiNardo, while waiving his appearance rights, pleaded not guilty. Judge Douglas Stoddart ordered DiNardo held pending a 58A dangerousness hearing on September 12 in Framingham District Court. At his dangerousness hearing, DiNardo was ordered held without bail.

DiNardo was found guilty after a week-long trial.

The prosecutor assigned to the case is Assistant District Attorney Deborah Bercovitch of the Middlesex District Attorney’s Child Abuse Unit. The victim witness advocate is Kara Grant. The paralegal is Erika Willey.

###

http://www.middlesexda.com/press-release-archive/connecticut-level-iii-sex-offender-found-guilty-on-child-enticement-charge-in-connection-with-alleged-solicitation-of-14-year-old-boy/

Former Winchester middle school teacher’s aide pleads guilty to child rape, child enticement, and child porn charges; gets five years

By Brad Petrishen/Staff Writer

Mon Oct 05, 2009

WINCHESTER, MA -

Christopher French, the former McCall Middle School teacher's aide indicted last year and charged with, among other crimes, child rape, pleaded guilty to all charges today in Woburn Superior Court and was sentenced to five years in jail.

Judge Bruce Henry sentenced French to two consecutive two-and-a-half-year sentences at the Billerica House of Corrections, as well as five years of probation, during which time he will be banned from contact with children under the age of 16 and from using the Internet, among other restrictions.

French, 29, will be eligible for parole two years into his sentence, according to Assistant District Attorney Michael Chinman, the commonwealth's prosecutor on the case.

Chinman argued for but did not receive a request for eight years of probation.

"We all understand the defendant will not end up doing five years [in jail]," Chinman told the judge.

Although Chinman said he thought there was a "better than good" chance that he would not receive parole after two years, he added that he believes French may receive parole after about three-and-a-half years, which "is right at the bottom range of the sentencing guidelines."

French was indicted by a Middlesex Superior Court Grand Jury on 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 applied to French's relationship with six young girls, Chinman said, although there were more victims who were not identified.

Chinman said it was unusual a prosecutor’s office to accept a sentence of this length at a house of corrections, but that it decided to do so in part so that the six victims in the case would not have to relive their ordeals in court.

He said the main witness told the prosecution that although she would testify in court against French, she would prefer not to.

"The benefit to this is that the six victims do not have to testify," said Chinman.

Though the state was satisfied with French's prison term, the prosecution’s inability to get eight years probation disappointed Chinman.

"This is a person who should not teach, who should not coach a child, who should not have contact with children," he said, "And these things should be ‘should nots' for a long time."

The Crimes

Chinman described in detail the crimes to which French pleaded guilty, the most serious of which was child rape.

According to Chinman, during the 2005 to 2006 school year (when he was 25), French initially contacted the victim, who was 14 years old at the time, through MySpace and later began speaking to her via instant messenger.

"At first, the conversations were about normal school activities," said Chinman.

However, French eventually turned the conversations sexual, Chinman said.

Another victim was an eighth grader at McCall Middle School in 2008 when French began speaking to her over MySpace and under the instant messenger alias "Frenchy1024."

Chinman said French began to ramp up sexual talk by asking the girl about the boys in her grade and by telling her that they were no match for older men.

Chinman said French told the girl he was "a lot younger" than she had heard, and rationalized that she would be dating older men when she started high school the following year anyway.

"This summer, we'll have to drink and I'll show you how it's done," Chinman said French wrote to the girl on June 5, 2008.

According to Chinman, French told the girl if she was lucky she would get to go in "Frenchy's hot tub," where "naughty things" happened, but cautioned, "Don't tell anyone, I'll kill you."

Chinman said the threat was considered a joke by the girl at the time, as it was accompanied by online slang that infers that one is not being serious.

On June 12, Chinman said French sent the girl a lewd questionnaire.

Chinman said French and the girl lived close to each other, and that they agreed to go for a walk in the woods which fell through.

On June 19, days after she graduated from middle school, Chinman said French sent her a message asking her if she was "still a wimp," and she agreed to meet him again.

That time, however, heavy rains prevented the two from meeting, and a few weeks later, the girl told police what had happened, leading to a warrant to search French's computer.


The evidence

Upon a search of French's computer, Chinman said the defense found a number of photos of nude girls, as well as nude photos of himself he had sent to a number of underage girls.

"There are additional girls identified on the defendant's computer … that were never identified," said Chinman. "This was a relentless pursuit of sexual contact … with young teens," he added, some of which were not residents of Middlesex County.

"He followed almost a script with the girls," said Chinman, during which French would contact the girls over MySpace and then proceed to instant messenger.

Conversations would start out innocuous but then gradually turn sexual, at which point French would send girls pictures of himself in various stages of nudity and ask for nude photos in return.

If girls complied with his requests — some of which, Chinman said, included getting naked and holding a sign that said “Frenchy's Porno Store” — French would then attempt to meet with the girls for sexual contact.

French was charged with two counts of child enticement against two girls, Chinman said, and would have been charged with a third count against another victim if the child enticement statute had existed at the time that offense occurred.

According to Chinman, the evidence for the commonwealth against French was vast and, in addition to saved photos of nude teenagers and child pornography, included sexual conversations with girls that French saved and catalogued on his computer.

The defense

French's defense attorney Philip Tracey Jr., while arguing for five years of probation instead of eight, said French has apologized completely and is ready to be rehabilitated.

"He knows what he did was wrong, and he accepts the punishment he feels he deserves," said Tracy, who went on to read a letter of apology from French.

"I made some very poor decisions and errors in judgment … and I am sorry for the anguish [the victims] have gone through," Tracy read. "I never thought of the harm I might cause. I want to apologize to the victims’ families for everything you have endured … [ant to] the faculty at the McCall School for all the negative attention I've brought to the school."

French's father, Evander French Jr., is principal of McCall Middle School. French also apologized to members of his family and his friends for the more than 70 letters in defense of his character that Tracy said were submitted to the court.

"If given a second chance, I know I'll try to make a difference in this world," French wrote.

Tracy said he believes French has the chance to do so, and told the judge French is "a tale of two people" — a good person who devolved into someone else and is trying to make amends.

"I have a very difficult time reconciling the Christopher French I see in those letters … with the Christopher French who plead guilty," said Judge Bruce Henry. "[But] given what I've seen, a period of probation of five years is appropriate."

After the hearing, Tracy said he believed French received a fair sentence, and reiterated that he and French were glad they did not have to put the victims of the case through a trial.

"It was the right resolution for all the parties," he said. "He accepted responsibility like a man.
"He comes from a fine family, and they've suffered a lot. Hopefully this is something they can recover from."

Superintendent responds

Superintendent William McAlduff Jr. responded to French's guilty plea in a press release early this evening.

"Today we learned that Christopher French, a former McCall Middle School Teacher Assistant, plead guilty in Middlesex Superior Court on a number of charges related to child pornography, child enticement and child rape," McAlduff wrote.

"It will be important for the Winchester Public Schools to be able to provide support and assistance to any of the victims, especially those who may still be enrolled in our schools or to other students who either by association or, who otherwise feel impacted by these circumstances. The Incident Management Teams at Winchester High School and McCall Middle School have met to discuss these concerns and will plan accordingly."

The following is a press release from the office of Middlesex District Attorney Gerry Leone:

A former Winchester middle school teacher’s aide pleaded guilty today to child rape, child enticement, and child pornography charges in connection with crimes committed against six underage female victims, Middlesex District Attorney Gerry Leone informed the public today.

Christopher French, age 29, of Winchester pleaded guilty before Middlesex Superior Court Judge WHO 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).

Judge Bruce Henry sentenced French to two consecutive sentences of 2.5 years each of confinement at the Billerica House of Correction. French also received 5 years probation from and after release, with conditions that include sex offender counseling, no contact with children under the age of 16, no internet use, must be on GPS monitoring, must register as a sex offender, and no teaching or coaching.

“Christopher French used his position of authority to inappropriately contact, entice and manipulate his young female victims,” District Attorney Leone said. “By pleading guilty, the defendant has admitted his responsibility for his disturbing actions and, in addition to the jail time he is required to serve, will now be a registered sex offender and can no longer prey on victims as a teacher or coach. We thank the victims for their cooperation during this investigation and for disclosing the actions of this defendant."

The defendant was a special education teacher’s aide at the McCall Middle School in Winchester. The defendant had teaching responsibilities and also coached soccer. Prior to his fulltime employment as a teacher’s aide, the defendant worked as a substitute teacher at the school beginning in the early 2000s.

On June 28, 2008, the Winchester Police executed a search warrant at the defendant’s residence in Winchester, seizing computer equipment from the residence and from the defendant’s room. The police investigation--including the forensic analysis of the defendant’s seized computer equipment--revealed that, throughout the years the defendant was employed at the McCall Middle School, the defendant communicated with many underage females, some of whom had been students at McCall Middle School, and some of whom he met online through social networking sites.

The defendant focused much of these communications with young females on sexual matters. The defendant disseminated naked pictures of himself to many of them, requested and received naked pictures of some of the young females in return, and enticed two of them to meet with him in person for sexual activity. It was determined that the defendant committed child rape against one victim. The pictures the defendant sent of himself, the pictures he requested and received from his targets, and many of the communications he had with his targets were stored in his computer, cataloged by the names of the targets.

In one instance, in 2005-06, a 14-year-old female victim was in ninth grade. The prior school year, she had attended McCall Middle School, and knew the defendant as a teacher’s aide at the school. The defendant, age 25 at the time, contacted the victim on her Myspace page and they began instant messaging. After a period of time, the defendant began inviting the victim to go into his hot tub. The victim declined to do this. Then, the defendant began to suggest that he could come to her house. One night, when the victim was fourteen, she agreed to have the defendant over to her house. It was in the basement of the house that the child rape occurred. The defendant warned the victim not to tell her friends or family. The defendant is charged with child rape and enticement in connection with this victim.

In another instance, beginning in April 2008, French, age 27 at the time and while serving as a teacher’s aide at McCall Middle School, initiated contact with a 13-year-old female who attended the school. The online conversations occurred on his Myspace page, and he used online names such as “Frenchy” or “Frenchy 1024.” In June, the conversations became more overtly sexual, with the defendant indicating that the victim could be invited to the defendant’s hot tub, emphasizing that “naughty things” happen in the hot tub. He also sent the victim a “questionnaire” asking her various sexually explicit questions. Then, the defendant arranged to meet the victim at various times in the woods near his house, with the victim understanding that the purpose of the meeting was “to fool around.” The meetings did not occur for various reasons, but the online conversations continued with the defendant again engaging in conversations of a sexual nature. The defendant is charged with child enticement in connection with this victim.

There were also numerous other incidents, with multiple victims aged 15 – 17 years old, in which the defendant engaged in sexual conversations through social networking sites such as Myspace and Facebook. With four victims, he sent the victims naked photos of himself and requested/received naked photos from them. In connection with these victims, the defendant is charged with counts of posing children in a state of nudity, disseminating visual material of a child in a state of nudity, possession of child pornography, and dissemination of matter harmful to minors.

On June 28, 2008 French was arrested on one charge of child enticement. On June 30, he was arraigned in Woburn District Court and Judge Geoffrey C. Packard ordered bail set at $5000 with conditions including no contact with victim and no contact with children under 16. French posted bail at that time. French was suspended without pay by the school at the time of his arrest.

French was indicted by a Middlesex Superior Court Grand Jury on Oct. 30.

On Nov. 5, French was arraigned in Middlesex Superior Court and ordered held on $25,000 bail with conditions by the Middlesex Superior Clerk Magistrate. The conditions include that French have no contact with the victims, no contact with children under 16 years old, no contact with the Commonwealth’s witnesses, stay away from schools and playgrounds, be placed on an electronic monitoring device, and adhere to a curfew from 7pm to 7am.

The prosecutor assigned to this case is Assistant District Attorney Michael Chinman of the Middlesex District Attorney’s Child Abuse Unit. The victim witness advocate is Joanne Szeto.

http://www.wickedlocal.com/winchester/news/x593070686/Winchester-Schools-Superintendent-releases-statement-regarding-former-teaching-aide-s-child-rape-guilty-plea

Plum Island rape arrest sends shock waves - NewburyportNews.com, Newburyport, MA

Plum Island rape arrest sends shock waves - NewburyportNews.com, Newburyport, MA

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