Saturday, November 28, 2009

Accused rapist with Braintree record indicted

http://www.wickedlocal.com/braintree/news/x2072224411/Accused-rapist-with-Braintree-record-indicted

Accused rapist with Braintree record indicted

By Robert Aicardi
GateHouse News Service
Posted Nov 28, 2009
Braintree —

A convicted sex offender who served time in jail for following a woman into a bathroom at the Borders bookstore in Braintree last year has been indicted for allegedly trying to rape a woman inside a bathroom at Massachusetts General Hospital in October.
David C. Flavell, 40, a former Brockton resident now listed as homeless in Boston, is being held without bail until a Dec. 4 dangerousness hearing.
This hearing could result in Flavell being held for 90 days without bail, said Jake Wark, spokesman for the Suffolk County District Attorney’s office.
In addition to charges of assault with intent to rape, a Suffolk County grand jury indicted Flavell on Nov. 23 on two counts of assault and battery with a dangerous weapon and one count of assault and battery.
Prosecutors allege that on Oct. 22, Flavell dragged a 27-year-old woman into a hospital bathroom, choked her, and put his knee on her chest before he tore at the front of her pants, ripping off both buttons and pulling down the zipper.
Flavell was arraigned on Nov. 24.
Flavell, who recently underwent a 20-day psychiatric evaluation at Bridgewater State Hospital, is competent to face the charges against him, a Boston Municipal Court judge ruled on Nov. 16.
According to the Massachusetts Sex Offender Registry, Flavell is classified as a Level 3 sex offender, the category for those considered most likely to re-offend.
Flavell’s criminal record includes convictions on a charge of assault with intent to rape and three counts of open and gross lewdness between 1998 and 2001.
Bristol County prosecutors tried to have Flavell held as a sexually dangerous person in 2005, but he was released from a Bridgewater prison treatment center for sex offenders in February, 2006 after Superior Court Judge Richard Moses determined that he was not sexually dangerous.
On Jan. 29, 2008, Braintree police arrested Flavell, who allegedly peered under a ladies’ room stall at the Borders bookstore on Grossman Drive, startling a 36-year-old Holbrook woman.
“We consider his actions extremely serious and Flavell to be a very dangerous individual,” Deputy Police Chief Russell Jenkins said at the time.
Borders employees told Officer Michael Want that the woman, who left the store and later returned to speak with Want, was in a stall in the ladies’ room around 8 p.m. when a man stuck his head into her stall from underneath the separating wall, said nothing, and fled the area.
A witness who saw the man in the area of the ladies’ room described him as wearing dark clothing, possibly a running suit, and carrying a black bag.
An employee described it as a black Adidas bag with white stripes and went on to say that the man spent two hours on the pay phone near the café, located close to the restrooms.
Surveillance video showed the man to be light skinned with a short Afro and possible facial hair. He was of medium build and was wearing a black puffy coat, a dark colored Adidas sweatshirt, and tan or light brown pants
After officers viewed surveillance video provided by the bookstore, Detective Brendan McLaughlin believed that the suspect bore a resemblance to an individual he had investigated for making obscene phone calls to a Connecticut Child Protective Services hotline in 2006.
In that incident, Flavell allegedly made numerous phone calls to the hotline from pay phones in Boston and Braintree, including payphones outside the post office on Pearl Street and the Sports Authority, which is located across from Borders.
While working a traffic detail at the intersection of Union Street and Grossman Drive, McLaughlin observed Flavell entering the Sports Authority/Borders bookstore area on several occasions.
In the Borders investigation, both witnesses were shown an array containing several photographs, including Flavell’s, and narrowed their selection down to two photos of Flavell and another person.
According to Jenkins, the victim viewed the same photo array on Feb. 19, 2008 and positively identified Flavell as the person who stuck his head into her stall.
On that same day, a Brockton woman called McLaughlin, informed him that she viewed the photograph posted on Mass Most Wanted, and identified the individual as Flavell.
An arrest warrant was issued that afternoon, charging Flavell with annoying or accosting a person of the opposite sex as well as disorderly conduct, both misdemeanors.
McLaughlin and Detective Mark Sherrick, assisted by Brockton police, arrested Flavell that night at a donut shop in Brockton.
At the time of his arrest, police said, Flavell was carrying the same backpack that he reportedly had on the night of the Borders incident, and inside it were three pairs of work gloves, a black ski mask, and a roll of duct tape.
Flavell was held at the Braintree police station pending his Feb. 20, 2008 arraignment in Quincy District Court, where he pleaded innocent and was ordered held on $10,000 cash bail.
Flavell admitted on April 22, 2008 in Quincy District Court that there were sufficient facts to find him guilty.
Judge Mary Dacey White sentenced Flavell to six months in jail with credit for 63 days served because he had been unable to come up with bail.
Earlier this year, Norfolk County District Attorney William Keating tried to get Flavell declared a sexually dangerous person, but Judge Janet Sanders denied the request, ruling that Flavell didn’t meet the standard.
Material from GateHouse News Service and the Associated Press was used in this story.

Wednesday, November 25, 2009

Store Worker Accused of Raping Child

Store Worker Accused Of Raping Child
Sales Associate Charged With Assault In Dressing Room
November 25, 2009

BOSTON -- Dudley police said a sales associate at the J.C. Penney department store in town was taken into custody Tuesday and charged with raping a child in a dressing room.


Francisco Wellington Barros-Gomes, 26 Officers said they got a report of an assault at the store on Route 131 in Sturbridge just before 6 p.m. They determined that a child under 14 was sexually assaulted in a changing area of the store.
A sales associate identified as Francisco Wellington Barros-Gomes, 26, of Charlton, was taken into custody and charged with indecent assault and battery on a child under 14 and rape of a child with force.
He was held overnight and was arraigned in Dudley District Court Wednesday where the Brazilian national was held on $25,000 bail and ordered to surrender his passport and wear a GPS if he makes bail.
Court officials said Barros-Gomes has been married to an American for two years and has been in the U.S. for 10 months.
In court, prosecutors said Barros-Gomes worked in the children's department and offered to bring the boy clothes to try on, then assaulted the victim in the dressing room.
Police said Barros-Gomes confessed to fondling the boy, but did not respond when interrogated about the alleged rape. They said he has no previous criminal record.
The next court appearance was scheduled for Dec. 17.
Copyright 2009 by TheBostonChannel.com. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Monday, November 23, 2009

CORI "reform" letter to Governor Deval Patrick

Dear Governor Patrick, 11/21/2009


I’ve heard both you and some members of the Senate claim that sex offenders are not included in the CORI 'reform' bill passed on Wednesday, but they were! What you are not telling the public is that we have a loophole in our law that allows judges in Massachusetts discretion over whether or not an offender has to register, AND the new crimes created under Jessica's law are not listed as crimes offenders must register for. The Senate could have taken up an amendment that would have listed the crimes and closed the Jessica's Law loophole, but they decided that this was "not related" to the crime bill before them. The way it stands now , this technicality will allow a person convicted of aggravated rape of a child with force (new offense under Jessica’s Law) to request that his records be sealed 10 years after he has served his sentence, and the public will not have access to that information. When you were running for Governor and the first two years you were in office you stated that you would not include sex offenders in with CORI reform and you must stand true to your word. Any person convicted of a sex crime under MGL Chapter 6 section 178C should not be allowed to keep their convictions secret regardless of whether or not they have been ordered to register with SORB.

I’m asking that you amend the current CORI reform legislation, support the Jessica’s Law amendment and close the pending loophole that allows people convicted of sex offenses to have their records erased after only ten years. We must take ALL sex crime convictions seriously, not only those that have not received a judge’s blessing. If the two requests above are not possible, I’m asking that you to stop misleading the public by stating that sex offenders will not be included in CORI reform because that statement is untrue.

Laurie Myers
Community VOICES



The loophole exists in MGL chapter 6 section 178E subsection (f) and allows judges discretion over registration with SORB.

(f) In the case of a sex offender who has been convicted of a sex offense or adjudicated as a youthful offender or as a delinquent juvenile by reason of a sex offense, on or after December 12, 1999, and who has not been sentenced to immediate confinement, the court shall, within 14 days of sentencing, determine whether the circumstances of the offense in conjunction with the offender’s criminal history indicate that the sex offender does not pose a risk of reoffense or a danger to the public. If the court so determines, the court shall relieve such sex offender of the obligation to register under sections 178C to 178P, inclusive. The court may not make such a determination or finding if the sex offender has been determined to be a sexually violent predator; has been convicted of two or more sex offenses defined as sex offenses pursuant to the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act, 42 U.S.C. section 14071, committed on different occasions; has been convicted of a sex offense involving a child or a sexually violent offense; or if the sex offender is otherwise subject to minimum or lifetime registration requirements as determined by the board pursuant to section 178D

“Jessica’s Law” amendment (#12) http://www.mass.gov/legis/senate/s2210_amendments.htm



S2210 CORI bill passed by the Senate http://www.mass.gov/legis/bills/senate/186/st02pdf/st02210.pdf

893 6. Sex offenses, as defined in section 178C of chapter 6, shall not be eligible for sealing for 10
894 years following their disposition, including termination of supervision, probation or any period
895 of incarceration, or for so long as the offender is under a duty to register in the commonwealth or
896 in any other state where the offender resides or would be under such a duty if residing in the
897 commonwealth, whichever is longer.

Friday, November 20, 2009

Homeless advocates tell state: Keep high level sex offenders out of shelters

Homeless advocates tell state: Keep high level sex offenders out of shelters
Thu Nov 19, 2009

John Yazwinski meets with police in Quincy and Brockton every month to see how many high-level sex offenders are listing homeless shelters in those cities — Father Bill’s Place in Quincy and MainSpring in Brockton — as their address.
The list is seldom more than a handful of names — and even then, most of the offenders aren’t actually signing in for an overnight bed.
“They’re using us as a way not to be found,” said Yazwinski, who is executive director and the person in charge of both shelters on a day-to-day basis.
That is why he and scores of other providers for the homeless are backing a new proposal to ban Level 3 sex offenders — the most dangerous and most likely to repeat their crimes — from the shelters.
While they say offenders have a right to housing like everyone else, they also say shelters are not the proper place for them, especially at a time when sharp state budget cuts are straining overall programs for the homeless.
“We don’t have the capability,” Yazwinski said Wednesday. “We don’t get paid for case management (for sex offenders). The only thing the state pays us to do is shelter people 12 hours a day.”
Tom Washington, community relations director at the MainSpring shelter in Brockton, declined comment Wednesday, deferring to Yazwinski.
Gov. Deval Patrick’s administration has cut $2.7 million from funding that pays much of the cost for beds for individual adults at Father Bill’s, MainSpring and other shelters.
Homeless advocates say that 7 percent cut is effectively 15 percent, since the state fiscal year is almost half over, so the impact is much worse.
The Massachusetts Housing and Shelter Alliance, which includes some 90 shelters and service providers, is supporting a bill by state Sen. Walter Timilty, D-Walpole.
Joe Finn, the alliance’s director, said the bill will help close a loophole in the state’s Sex Offender Registry, by forcing offenders to be truthful about their residence.
“The state has no idea where these guys are,” said Finn, who is also a Quincy city councilor. “That defeats the purpose of the registry.”
At the same time, Yazwinski said, sexual offenders are returning to their communities from prison with no resources and support.
“We’re not the place for these people to end up,” he said.
Timilty’s proposal comes at a time when a growing number of towns and cities are restricting sex offenders from living near schools, parks, playgrounds, day care centers, libraries and senior centers.
Weymouth, Rockland and Pembroke have passed such bans. Quincy and Plymouth are considering them.
Civil liberties advocates say such restrictions in effect pile extra punishment on offenders, while a shelter exclusion would further remove them from contact.
“Nobody thinks these guys should be on the street,” countered Finn. “But they shouldn’t be in shelters to begin with.”
Yazwinski agreed with Finn that the state needs to take greater responsibility to find places for offenders to stay.
But even so, Yazwinski said the number of Level 3 offenders who even list Father Bill’s or MainSpring as their address is a small fraction of all the offenders who live south of Boston.
Enterprise staff writer Elaine Allegrini contributed to this report.

http://www.wickedlocal.com/brockton/news/x1659502653/Homeless-advocates-tell-state-Keep-high-level-sex-offenders-out-of-shelters

Thursday, November 19, 2009

Westford police urge parents to get sex-offender info

http://www.lowellsun.com/todaysheadlines/ci_13814151

Westford police urge parents to get sex-offender info

By Prudence Brighton, Sun Correspondent

WESTFORD -- Right now, if you want to learn about Level 2 sex offenders living or working in your town, you have to go to the police station and fill out a request for information.

That's a step Police Chief Thomas McEnaney hopes parents will take.

"We will give you that information," McEnaney said. "You're entitled to it."

But pending legislation would make that information as easy to get as it is for Level 3 sex offenders, state Rep. Jim Arciero, D-Westford, told residents at the J.V. Fletcher Library last night.

Arciero and McEnaney were among a group of panelists who participated in a forum "Community Conversation: Keeping Our Children Safe from Sex Offenders."

Level 2 offenders are those who are considered to have a moderate likelihood of committing another sex crime, whereas Level 3 offenders are considered most likely to repeat. Level 3 sex offender information is available on the Internet.

"There's such a small, thin line between Level 2 and 3 sex offenders, it's critical to have that information," Arciero said.

Arciero is cosponsoring House Bill 1350 which would make Level 2 sex offender information available online. He urged audience members to send letters and e-mails supporting the bill to their own legislators.

McEnaney described a situation that occurred when he was putting his twin sons on the school bus. When the bus door opened, he discovered the driver -- a substitute for the day -- was a Level 2 sex offender. "There I was, staring right at him," McEnaney said.

The CORI process failed in that case.

"But the bus company is doing a much better job now," McEnaney observed.

Police Safety Officer Mike Croteau described the process involved in classifying sex offenders and who is referred to the Sex Offender Registration Board. But getting certain sex offenders to report their whereabouts is voluntary.

Classifying sex offenders does not give police the ability to control where they live and work, who they interact with or their daily activities, said Croteau.

"Know your neighbors. Find out if there are any Level 2 or 3 sex offenders among them," said Debbie Savoia, vice president of the advocacy group Community Voices. The North Andover resident became involved in the issue in 1992 when she received an anonymous letter about a sex offender moving into her neighborhood.

Sharing "advice from a child molester," Laurie Myers, president of Community Voices and a Chelmsford resident, described characteristics that parents should know.

A child molester is someone who pays a lot of attention to a child. This person has an appearance of someone that parents and child can trust, Myers said. The abuser will know your child's likes and dislikes often better than the parents. The person will buy gifts or treats for the child. The molester will try to isolate the child from his or her parents.

And, she cautioned, it is easier for a parent to isolate a child from family members than for anyone else.

"Talk to your children about sexual abuse," Myers said. "Talk openly about sexual development, behavior and abuse."

"It's a tough subject," said Savoia. Parents give their children a lot of safety information "but we don't tell them how to protect themselves from sex offenders."

Parents should "routinely quiz their children about what happens when they are away," Savoia recommended.

Parents might ask "Did anything fun happen?" That question might elicit a response if an abuser has made a child think they're playing a game.

Check references for baby-sitters and do not let children walk or bicycle alone, Savoia advised.

Myers and Savoia are frequently lobbying for reforms in sex-offender laws.

Last night's forum was organized by Westford residents Pam LaBarre and Wendy Brown, who hope that it will spur discussion and action in other communities.

"It's not just a Westford problem," they said.






Thursday, November 12, 2009

Malden Man Found Guilty, Sentenced Under Jessica’s Law For Raping, Assaulting Nine Year Old Girl

For Immediate Release November 9, 2009
Contact:
Jessica Venezia 781-897-8325

Malden Man Found Guilty, Sentenced Under Jessica’s Law For Raping, Assaulting Nine Year Old Girl
First Conviction In Middlesex County Under Jessica’s Law

WOBURN –A Malden man has been found guilty and convicted of raping and indecently assaulting a nine-year-old girl, Middlesex District Attorney Gerry Leone’s office informed the public today. This is the first defendant convicted in Middlesex County under the new Jessica’s Law.

Robert Giglio, 47, was found guilty by a Middlesex Superior Court jury of aggravated child rape and indecent assault and battery, subsequent offense on October 26. Giglio is the first defendant in Middlesex County to be convicted under Jessica’s Law, which was enacted just two weeks prior to when the sexual assaults took place. Jessica’s Law created the aggravated child rape statute, which is punishable by a mandatory minimum sentence of 10 years in State Prison. It also changed triggering offenses and increased penalties for subsequent offense of indecent assault and battery to a mandatory minimum of 15 years in State Prison.

Middlesex Superior Court Judge Henry sentenced Giglio to 15- 20 years in State Prison for the indecent assault and battery, subsequent offense, and 10-15 years for the aggravated rape, to run concurrently.

“This defendant has now been found guilty and sentenced to State Prison for his disturbing crimes against this young child,” District Attorney Leone said. “We thank the victim for coming forward and bravely telling the jury what happened to her. Thanks to Jessica’s Law, we were provided with an additional sentencing tool to punish this defendant appropriately for his reprehensible actions against a vulnerable child. We will continue to work with the legislature to pass future reforms to assure accountability and truth in sentencing for other dangerous repeat sex offenders, especially when children are victimized.”

On November 7, 2008, the victim, 9, and her younger sister were visiting the defendant’s family at his home. During the night, the victim was awakened by the defendant touching her. The defendant touched the victim multiple times and only stopped after his youngest child, a baby, began crying in the next room. The victim was able to report to her mother what the defendant did to her during the night.

In 1988, the defendant was convicted of two counts of indecent assault and battery on a child under 14 years old, making him eligible for conviction under Jessica’s Law.

Giglio was indicted by a Middlesex Superior Court Grand Jury on February 26, 2009 and arraigned on March 6, at which time he was released on personal recognizance with a no contact order.

The case was prosecuted by Assistant District Attorney Michael Chinman. The victim witness advocate was Nicole St. Pierre and the child interview specialist was Margaret Leavitt.

###


http://www.middlesexda.com/press-release-archive/malden-man-found-guilty-sentenced-under-jessica’s-law-for-raping-assaulting-nine-year-old-girl/

Monday, November 9, 2009

Possible abduction attempts probed in Milton, Nashua and Manchester NH

The Union Leader
Possible abduction attempts probed in Milton, Nashua and Manchester
11-9-2009

By BY PAT GROSSMITH AND CLYNTON NAMUO

http://www.theunionleader.com/article.aspx?headline=Girl,+15,+reports+abduction+attempt+in+Nashua&articleId=21a9770e-4a95-4f8d-99f0-36f10167b0d6

Two abduction tries of teenage girls and a third possible attempted kidnapping of an 8-year-old school boy this morning are under investigation by police in three different communities.
Milton police said a man offered a ride to an 8-year-old boy waiting this morning for the school bus on Governors Road in Milton. The school principal said the man offered the boy a ride and when he declined, drove off but then returned and offered him a ride for a second time.
The incident comes after a Nashua teenager reported a man tried to force her into his car Saturday night on Stark Street. Nine days earlier, on Oct. 29 in Manchester, a teenage girl reported a man tried to abduct her while she was walking to Memorial High School. And, on Nov. 3, a Bedford teen told police a man followed her as she left Bedford High School.

Milton Elementary School Principal Stephanie Hillis said this morning the 8-year-old was waiting outside his house just south of Route 75 on Governors Road when a man in a red car traveling north on the road stopped in front of him.

"The little boy said, 'He stopped and asked me if I wanted a ride,'" Hillis said.
The boy declined and the man drove up Governors Road, turned around at Route 75 and then drove back down and asked the boy a second time if he wanted a ride, Hillsaid.

The boy again said no and the man drove south, heading toward Rochester, Hillis said.
The boy's mother saw the man try to pick up her son, called the boy inside and then contacted authorities, according to Hillis.
Hillis said the boy described the man as being white, possibly in his 20s, with a goatee and wearing a dark-colored sweatshirt without a hood. She said the car was a red sedan.

"We really don't have a good description of the guy," she said. "The student was very sure it was a red four door."Milton police issued a press release about the incident that described the car as a four-door, 90s boxy-style, red vehicle. The driver was described as a thin man in his 20s with short dark hair and a goatee.
Parents were notified about the abduction attempt this morning via an automated phone system, HIllis said. She said administrators at Nute High School and Nute Middle School were told as well.

Hillis said school children will be talked to today about how to deal with strangers.
In the Nashua incident, a 15-year-old girl was walking about 8:30 p.m. Saturday along Stark Street, near Wellington Street, when a man jumped out of a parked car, grabbed her from behind and tried to force her into the "boxy" type vehicle, possibly a dark-colored SUV. The car had leather interior.

The incident happened in a residential area in the north end of the city, not in the immediate vicinity of any school, according to Lt. Jeffrey Bukunt of the Youth Services Division. He said the girl's only description of the man was that he wore fleece gloves.
"There's very little to go on," he said. Investigators issued a New England-wide teletype to law enforcement regarding the incident but Bukunt said they received no calls back. "Again, there is very little to go on," he said.

The incident remains under investigation but police have not linked it to any of the other cases.
In the Manchester incident, the 17-year-old Manchester Memorial High School student had left school on the morning of Oct. 29 to get something out of her car, which she parked on Gray Street off school grounds. As she was walking back to school, on South Porter Street, a man in a red pickup truck pulled up along side her.

She ignored him and the man got out of the truck and grabbed her by the arms. Police said the girl broke free and ran into some nearby woods, hiding there until she was certain the man was gone.

Police are trying to find the assailant who is described as a thin white man in his 50s, about 5-foot-10, with short brown hair with some gray and a full beard. He was wearing a blue T-shirt and jeans.

Bedford police also continue to investigate a Nov. 3 incident in which a man, described as bearded and in his 50s, followed a 16-year-old girl as she left the school's auditorium about 6:30 p.m. that evening. Police said the man never spoke or touched the teen but followed her as she walked to and got into her car.

The teen told police the man got into a mid-size, dark-colored SUV or van and then followed her as she drove out of the school's parking lot. He turned the vehicle around, she said, when she reached a heavily populated business parking lot.

The student described the man as being about 5-foot-10, weighing 160 to 180 pounds, with a medium build. He was wearing blue jeans and a gray sweatshirt.

Anyone with any information about any of the incidents is asked to call police: Youth Services Division of the Nashua Police Department at 594-3500; Manchester police at 668-8711 or Manchester Crimeline at 624-4040, and Bedford police at 472-5113 or Bedford Crime Line at 472-8999.

Abduction attempt fails in Nashua;girl, 15, escapes

Abduction attempt fails in Nashua; girl, 15, escapes
The Lowell Sun
11/09/2009

NASHUA -- Police are seeking information on a man who grabbed a 15-year-old girl from behind and tried to pull her into his vehicle in Nashua on Saturday night.
Police said they were notified that about 8:30 p.m., a 15-year-old girl was walking west on Stark Street, near Wellington Street, when she walked past a parked vehicle.
A man who was alone in the vehicle grabbed the girl from behind and tried to force her into the back.

The girl got away.

The vehicle is described
as small and "boxy," possibly an SUV with leather interior. There was no description, but the girl said the man was wearing fleece gloves.
Anyone with information is asked to call police at (603) 594-3500.

Saturday, November 7, 2009

Two guilty of trafficking young girls for sex

http://www.bostonherald.com/news/regional/view.bg?articleid=1210222

Boston Herald

Two guilty of trafficking young girls for sex

By O’Ryan JohnsonSaturday, November 7, 2009

Two men accused of running a brutal teen sex racket - where the pimps marked one girl in their stable with a facial scar, and traded other girls like baseball cards - were convicted yesterday of human trafficking in federal court in Boston, officials said.

Darryl Tavares, 26, of Revere and Eddie Jones, 26, of Dorchester, after a 10-day trial, were each convicted of conspiracy to traffic women in interstate commerce for the purpose of prostitution, and transporting minors in interstate commerce for the purpose of prostitution. They each face up to 20 years in prison, according to the U.S. Attorney’s Office in Boston.

The case broke in 2005 when one of the girls, who was 16 at the time she was being pimped, told investigators that Tavares and Jones ran girls between states as part of their business, prosecutors said. The Boston office of the FBI as well as the Boston Police Department investigated the case and eventually arrested six people, including Tavares and Jones. Four pleaded guilty.

http://www.bostonherald.com/news/regional/view.bg?articleid=1210222