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megimoo
12-04-2009, 02:06 PM
SJC Throws Out Attempted Child Rape Conviction

"Only In That Stronghold of Queerdom Massachusetts are Baby Rapers Safe."

In a split decision, the Supreme Judicial Court today threw out the conviction of a man found guilty of attempted child rape in 2004.

Although the man, Kerry Van Bell, had agreed to pay for sex with a four-year-old girl and made arrangements with an undercover Worcester police officer posing as the girl’s foster mother, his actions were not close enough to attempted rape to warrant conviction, argued Justice Francis Spina, writing for the 4-3 majority.

The court upheld Van Bell’s conviction for soliciting sex with a child. According to the court’s description of facts, Van Bell had been the subject of a Worcester Police sting. The undercover officer, Patricia Cummings, arranged to meet Van Bell in the parking lot of a Honey Farms convenience store in Worcester and arrange to receive $200 in exchange for sex with the child.

Once there, Van Bell expressed displeasure that the child was not in the car but agreed to follow Cummings to another location where she promised the child would be. Once Van Bell began to pull his car away, Cummings signaled to fellow police officers who cornered and arrested Van Bell.

“Even though Cummings and the defendant came to an agreement, he had yet to see a child and did not know the exact location of the child,” Spina wrote, explaining the overturned conviction.

“He had yet to follow Cummings to any type of house or park, and he had not yet paid for the child.
snip

Gants said he supports the court’s decision to overturn the attempted rape charge but only because he believes the jury was given improper instruction that “poses a substantial risk of a miscarriage of justice because the evidence of an attempt here, while it may be legally sufficient, is not overwhelming.”

Gants concluded that the case should be remanded to Superior Court to give the commonwealth the chance to retry Van Bell on the indictment.


http://www.bostonherald.com/news/regional/view.bg?articleid=1216654&srvc=rss

megimoo
12-04-2009, 02:10 PM
Resident sentenced after trying to solicit child for sex

Shrewsbury - A local man with an extensive history of sexual offenses was convicted of attempting to solicit sex from a child and sentenced to 4-5 years in prison last month.

Kerry Van Bell, 60, of Shrewsbury, was found guilty Friday, June 15, of attempted rape of a child and engaging in sexual conduct for a fee. He was sentenced Tuesday, June 19 in Worcester Superior Court.

snip

The sexual conduct for a fee charge resulted in a sentence of one year, which will be served at MCI-Cedar Junction concurrently with the rape verdict.

“The word ‘heinous’ can be overused,” said Assistant District Attorney Joseph J. Reilly III in his sentencing recommendation. In this case, however, “I think it’s actually highly appropriate,” he said.

Bell was arrested in a sting operation March 25, 2004 while attempting to purchase sex from a child he was told was not yet 5 years old.

He has two previous convictions for similar offenses, one in California and one in Nevada, according to statements made by Reilly.

In the sentencing hearing, Reilly outlined Bell’s past for the court.

Bell, who has a bachelor’s degree from Long Beach State College, was first arrested in Los Angeles October 7, 1985. At that point he was charged with soliciting the commission of a crime and pandering with a minor, according to Reilly.

He was released on bail and soon after, on December 11, 1985, flew to Las Vegas, Nevada where he paid a $100 finders fee to a woman to have sex with a child, stated Reilly.

“He … was introduced to a male undercover officer with the Las Vegas Metropolitan Police Department and offered to pay that person $150 for the provision of a child who he wished to be five-years-old,” said Reilly.

Bell was shown a number of pictures of children and picked one he said he wished to have sex with.

He was subsequently arrested and ended up serving a total of nine years in prison for the California and Nevada charges.

“His history is such that he is an extreme danger to the public, and, most particularly … to children of a very young age,” said Reilly.

In his sentencing decision, Judge Henry ordered Bell to serve on community parole supervision for life after he’s released from prison in addition to his other sentences. As a result, he’ll have to report to a parole officer twice a month and be subject to random polygraph tests, according information in the official court transcript.

Bell’s defense attorney, Christopher LoConto asked the court for a sentence of 3-4 years for the attempted rape charge, citing a 22-year gap between offenses and the lifetime parole his client faces.

His final sentence was ultimately diminished by approximately 1,182 days for the time served since his initial arrest in March 2004.
Bell was given a chance to address the court.

“I would just say that I haven’t been exactly on a crime spree, your honor,” said Bell. “It’s been 22-years since my prior offense.”
He can file an appeal of his conviction within 30 days

http://www.wickedlocal.com/shrewsbury/news/x1233560576

PoliCon
12-04-2009, 04:37 PM
These kinds of monsters should never be allowed to see the light of day again - or better yet - they should not be allowed to continue to draw breath. :mad: