Teh One Who Knocks
08-23-2016, 11:05 AM
By Sean Teehan | Special to The Republican
http://i.imgur.com/KYIqa6tl.jpg
PALMER — A former East Longmeadow High School star athlete who was charged with sexually assaulting two unconscious classmates received two years probation in a decision out of Palmer District Court last week.
"He can now look forward to a productive life without being burdened with the stigma of having to register as a sex offender," said attorney Thomas Rooke, who defended David Becker, 18, in court. "The goal of this sentence was not to impede this individual from graduating high school and to go onto the next step of his life, which is a college experience."
On August 15, Palmer District Court Judge Thomas Estes ordered Becker's case continued without a finding for two years, during which time he must remain drug and alcohol-free, submit to an evaluation for sex offender treatment and stay away from the two 18-year old victims.
The sentence allows Becker to serve out the terms of probation in Ohio, where he stated on his Facebook page he had planned to attend college. He will not have to register as a sex offender, and no conviction will appear on his record, as long as he complies with the conditions of probation.
In court, Hampden County Assistant District Attorney Eileen M. Sears recommended Becker be found guilty of two counts of indecent assault and battery and serve two years in prison, court records show.
"After careful consideration of all available information and a lengthy and thorough investigation by the District Attorney's Special Victims Unit and the East Longmeadow Police Department, the recommendation of jail time was deemed appropriate and fair based on the facts and circumstances of the case," James Leydon, a spokesman for Hampden County District Attorney Anthony D. Gulluni's office, said in an email.
Becker had been charged with two counts of rape and one count of indecent assault stemming from an April 2 house party at which he allegedly penetrating the two victims with his finger while they were unconscious, according to court documents.
Allegations came to light the following week when a East Longmeadow High School student told school resource Officer Michael Ingalls about a rumor circulating that a high school senior had sexually assaulted two senior girls while they were intoxicated at a party the previous weekend.
When Ingalls reached out to them, the victims told him they had been drinking at the Allen Street home of a classmate whose father was out of town. The party broke up at about 11:30 p.m., when their friend's 22-year-old sister arrived home and told the teenage revelers to leave.
Becker, the victims and another friend stayed at the house and helped clean. After they finished, one of the victims said, both girls went into an upstairs bedroom -one requiring assistance walking up the stairs-, and Becker later came in to talk, before they all fell asleep in the same bed. Each reported waking up to Becker sexually assaulting them.
In a text message to one of the victims the next day, Becker apologized for the assault, court records show. The victim responded with a text telling Becker "don't even worry about it," but later told police that she said this because "she did not know what else to say," Ingalls' police report states.
That victim's allegation to police that she had heard that Becker had similarly assaulted other girls in the past, and that friends sometimes refer to him as "David the Rapist" is wholly unfounded and untrue, Rooke said in an interview.
"Labeling him 'David the Rapist' is truly an unjust character assassination of what this individual has accomplished in the past," Rooke said.
Becker, Rooke noted, was a three-sport athlete at East Longmeadow High School who clocked the second-most hours of community service in his class. East Longmeadow police investigated the allegation, and found nobody who alleged that Becker had sexually assaulted anyone else, Rooke said.
District Attorney's Special Victims Unit prosecutors, with the East Longmeadow Police, investigated any other possible victims, Leydon said in an email. There was no evidence of other incidents.
One of the two victims provided a victim impact statement saying that she did not believe jail time is necessary, Leydon said in an email.
"We considered all mitigating factors, that's why we allowed him to plead to a reduced charge but we also considered the aggravating factors, that is why jail time was recommended," Leydon's statement reads.
Neither victim attended Becker's court proceedings.
Sentencing in cases like Becker's is typically a highly subjective process in which judges look at the circumstances surrounding the crime committed and its impact on victims, said attorney Elizabeth G. Dineen.
Dineen, the current executive director of YWCA of Western Massachusetts, prosecuted cases involving sexual assault and abuse for the Hampden County District Attorney's office for 27 years. Judges typically weigh factors such as prior criminal history, of which Becker has none to consider.
"These types of cases are incredibly difficult for everyone involved" Dineen said during an interview. "The judge and anyone involved in these cases looks to see if someone has a criminal record" and considers factors like alcohol consumption.
A continued without a finding verdict means that Becker's record will not reflect a conviction for the moment, Dineen said. But if he re-offends within two years, the verdict will turn into a conviction, and he would have to register as a sex offender.
The fact that Estes leaned closer to Rooke's suggested verdict of continued without a finding and one year probation ensures that a promising life will not be thrown away due to "one mistake at one moment on one night which was clouded with alcohol" as an adolescent, Rooke said.
"We all made mistakes when we were 17, 18, 19 years old, and we shouldn't be branded for life with a felony offense and branded a sex offender," Rooke said. "Putting this kid in jail for two years would have destroyed this kid's life."
Finishing her breakfast at Koffee Tyme in East Longmeadow on Saturday, Anne LaMothe, a Springfield resident who grew up in East Longmeadow, said that Becker's sentence seemed a bit light.
However, considering Becker's age, the sentence seems more or less reasonable, she said.
"I guess if nothing happens in the future, maybe it was a mistake and he'll realize that what he did was wrong," LaMothe said.
Across the counter, Kevin Fagan of Longmeadow saw things differently.
While unsure if prison time would have been appropriate in this case, Fagan said that social standing and apparent good citizenship should not come into play when considering punishment for sexual assault
"I've heard that story a million times about wealthy kids... I don't think that (good citizenship) should be considered," Fagan said. "How are the girls? That's the question we're missing here; are they OK?"
http://i.imgur.com/KYIqa6tl.jpg
PALMER — A former East Longmeadow High School star athlete who was charged with sexually assaulting two unconscious classmates received two years probation in a decision out of Palmer District Court last week.
"He can now look forward to a productive life without being burdened with the stigma of having to register as a sex offender," said attorney Thomas Rooke, who defended David Becker, 18, in court. "The goal of this sentence was not to impede this individual from graduating high school and to go onto the next step of his life, which is a college experience."
On August 15, Palmer District Court Judge Thomas Estes ordered Becker's case continued without a finding for two years, during which time he must remain drug and alcohol-free, submit to an evaluation for sex offender treatment and stay away from the two 18-year old victims.
The sentence allows Becker to serve out the terms of probation in Ohio, where he stated on his Facebook page he had planned to attend college. He will not have to register as a sex offender, and no conviction will appear on his record, as long as he complies with the conditions of probation.
In court, Hampden County Assistant District Attorney Eileen M. Sears recommended Becker be found guilty of two counts of indecent assault and battery and serve two years in prison, court records show.
"After careful consideration of all available information and a lengthy and thorough investigation by the District Attorney's Special Victims Unit and the East Longmeadow Police Department, the recommendation of jail time was deemed appropriate and fair based on the facts and circumstances of the case," James Leydon, a spokesman for Hampden County District Attorney Anthony D. Gulluni's office, said in an email.
Becker had been charged with two counts of rape and one count of indecent assault stemming from an April 2 house party at which he allegedly penetrating the two victims with his finger while they were unconscious, according to court documents.
Allegations came to light the following week when a East Longmeadow High School student told school resource Officer Michael Ingalls about a rumor circulating that a high school senior had sexually assaulted two senior girls while they were intoxicated at a party the previous weekend.
When Ingalls reached out to them, the victims told him they had been drinking at the Allen Street home of a classmate whose father was out of town. The party broke up at about 11:30 p.m., when their friend's 22-year-old sister arrived home and told the teenage revelers to leave.
Becker, the victims and another friend stayed at the house and helped clean. After they finished, one of the victims said, both girls went into an upstairs bedroom -one requiring assistance walking up the stairs-, and Becker later came in to talk, before they all fell asleep in the same bed. Each reported waking up to Becker sexually assaulting them.
In a text message to one of the victims the next day, Becker apologized for the assault, court records show. The victim responded with a text telling Becker "don't even worry about it," but later told police that she said this because "she did not know what else to say," Ingalls' police report states.
That victim's allegation to police that she had heard that Becker had similarly assaulted other girls in the past, and that friends sometimes refer to him as "David the Rapist" is wholly unfounded and untrue, Rooke said in an interview.
"Labeling him 'David the Rapist' is truly an unjust character assassination of what this individual has accomplished in the past," Rooke said.
Becker, Rooke noted, was a three-sport athlete at East Longmeadow High School who clocked the second-most hours of community service in his class. East Longmeadow police investigated the allegation, and found nobody who alleged that Becker had sexually assaulted anyone else, Rooke said.
District Attorney's Special Victims Unit prosecutors, with the East Longmeadow Police, investigated any other possible victims, Leydon said in an email. There was no evidence of other incidents.
One of the two victims provided a victim impact statement saying that she did not believe jail time is necessary, Leydon said in an email.
"We considered all mitigating factors, that's why we allowed him to plead to a reduced charge but we also considered the aggravating factors, that is why jail time was recommended," Leydon's statement reads.
Neither victim attended Becker's court proceedings.
Sentencing in cases like Becker's is typically a highly subjective process in which judges look at the circumstances surrounding the crime committed and its impact on victims, said attorney Elizabeth G. Dineen.
Dineen, the current executive director of YWCA of Western Massachusetts, prosecuted cases involving sexual assault and abuse for the Hampden County District Attorney's office for 27 years. Judges typically weigh factors such as prior criminal history, of which Becker has none to consider.
"These types of cases are incredibly difficult for everyone involved" Dineen said during an interview. "The judge and anyone involved in these cases looks to see if someone has a criminal record" and considers factors like alcohol consumption.
A continued without a finding verdict means that Becker's record will not reflect a conviction for the moment, Dineen said. But if he re-offends within two years, the verdict will turn into a conviction, and he would have to register as a sex offender.
The fact that Estes leaned closer to Rooke's suggested verdict of continued without a finding and one year probation ensures that a promising life will not be thrown away due to "one mistake at one moment on one night which was clouded with alcohol" as an adolescent, Rooke said.
"We all made mistakes when we were 17, 18, 19 years old, and we shouldn't be branded for life with a felony offense and branded a sex offender," Rooke said. "Putting this kid in jail for two years would have destroyed this kid's life."
Finishing her breakfast at Koffee Tyme in East Longmeadow on Saturday, Anne LaMothe, a Springfield resident who grew up in East Longmeadow, said that Becker's sentence seemed a bit light.
However, considering Becker's age, the sentence seems more or less reasonable, she said.
"I guess if nothing happens in the future, maybe it was a mistake and he'll realize that what he did was wrong," LaMothe said.
Across the counter, Kevin Fagan of Longmeadow saw things differently.
While unsure if prison time would have been appropriate in this case, Fagan said that social standing and apparent good citizenship should not come into play when considering punishment for sexual assault
"I've heard that story a million times about wealthy kids... I don't think that (good citizenship) should be considered," Fagan said. "How are the girls? That's the question we're missing here; are they OK?"