Georgia Criminal Defense Blog

The U.S. Attorney announced recently that the sexual assault investigation against David Copperfield has been dropped. The woman who accused David Copperfield of sexually assaulting her had made a similar claim against another man, and police say there is evidence that she gave false statements to a police officer and engaged in prostitution. According to The Seattle Times, the woman was questioned by cops after a man claimed she tried to charge him for sex.

The police report states that the man claimed she performed oral sex on him in a hotel room in Bellevue, Washington on December 2. According to the report, the woman then told him, "Put $2,000 in my purse and you can have it all."

Continue reading "U.S. Attorney Drops Sexual Assault Charges against David Copperfield" »

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Posted In: Criminal Defense , Sex Crime Defense

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Despite the strict laws intended to monitor registered sex offenders, Georgia has lost track of, or absconded, nearly 250 sex offenders from metro Atlanta. In an article by the Atlanta-Journal Constitution, many of these missing offenders were convicted of rape, kidnapping, molestation, as well as people who engaged in consensual sex acts with minors.

Over the years, there has been a growing controversy over Georgia’s sex offender registry in that the restrictive rules govern where offenders can live and work. Many advocates against sex crimes are concerned with the high number of missing offenders, especially since they feel that monitoring offenders deters attacks on new victims.

The sex offender laws are currently under review in the U.S. District Court in Atlanta. Lawyers prosecuting these laws declare that the state imposes vague and arbitrary restrictions on sex offenders that are unconstitutional. The law currently bars sex offenders from living within 1,000 of churches, parks, schools and day care centers, which some feel could be anywhere.

Continue reading "Atlanta Police Fail to Locate Over 200 Registered Sex Offenders" »

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Posted In: Criminal Defense , Sex Crime Defense

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According to an ajc.com article, an uncommon method was used by a judge in Cobb County as he by-passed the jury and issued a directed verdict. Based on the article, a 36-year-old teacher who confessed to having a sexual relationship with a 17-year-old student was determined to be not guilty of sexual assault. In supporting his decision based on witness testimony and other evidence, the judge declared that the relationship was “consensual.”

If the man in this case had been convicted of sexual assault, he would have faced 10 to 30 years in prison. The article reminds readers that the Georgia Supreme Court ruled in June that, in the event that a student is a willing participant, and, is 16 or older, the fact that the student consented can be a strong defense for a teacher facing a charge for sexual assault. The judge who issued the not guilty ruling stated that he suspects the Georgia Legislature to amend this law.

Being accused of a sex crime can have serious consequences on a person’s life, even before a case goes to trial, and perhaps even after a not guilty verdict is declared. Social scorn and loss of employment are some repercussions of a sexual assault charge, which can be especially harsh when minors are involved.

Continue reading "Teacher Charged with Sexual Assault Not Guilty in Cobb County" »

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The growth of the Internet and its many uses is unprecedented; however, many communities are often shocked when someone within a neighborhood is arrested by law enforcement for using the Internet to sexually exploit children by arranging secretive meetings. An article recently reported that a Peachtree golf pro who teaches children group golf lessons has been arrested for child exploitation in Georgia. Apparently, the man had set-up a meeting via the Internet with someone whom he was under the impression was a minor, but that turned out to be a federal agent.

Before becoming an employee at Jonesboro’s Lake Spivey Golf Course, background checks were conducted on the 45-year-old man, but those background checks did not show any criminal record or signs of child abuse. The golf course’s financial officer said that the man accused always seemed like a devoted family man and that his teenage son worked at the golf course as well. The accused man had previously been named Lake Spivey’s head golf pro in March 2008.

Being accused of sexual exploitation of children is a serious offense with harsh consequences if convicted. As the above case demonstrates, a person has to simply be accused of a sex crime for his or her reputation to be in shambles, which greatly affects personal relationships and future employment.

Continue reading "Child Exploitation Charges against Peachtree City Golf Pro" »

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According to a recent report, illicit computer activity impelled Georgia Tech to contact law enforcement regarding an associate professor who became the target of a week-long investigation by the Georgia Bureau of Investigation. The professor was arrested the night of August 12, 2009 and charged with a hefty accumulation of 15 counts of sexual exploitation of children.

A university spokesman released the following statement: “The alleged behavior, if true, is deplorable and falls far short of our expectations for how we believe faculty should behave.”

The professor had been previously suspended without pay for his suspicious and unlawful computer activity at Georgia Tech. It has not been determined whether he will be permitted to teach in the school of industrial and systems engineering following his trial. The article stated that the university will continue to comply with investigators and act appropriately based on the end result of the professor’s case.

Being charged with a sex crime in Georgia can alienate a person, especially when taking into consideration the unforgiving and strong potential of social stigma that person will face from family, co-workers, friends, and his or her employer.

Continue reading "Associate Professor at Georgia Tech Charged with 15 Counts of Sexual Exploitation" »

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A man is being held in Fulton County Jail and has been charged with sex crimes in Georgia including rape, child molestation and procuring for pimping by the Fulton County police. The underage girl who accused him of rape met the suspect at the West End MARTA station on June 6. The two exchanged phone numbers and met up again a few days later on June 10, according to a story.

During the second meeting, the suspect took the girl to a hotel on Fulton Industrial Circle. He then provided her with a fake ID and some marijuana and when she refused his proposition to have sex with five different men to pay off the money she owed him for the room, he allegedly attacked and raped her.

Authorities were able to use the cell phone number the victim provided to them to catch the accused. An investigating officer recognized the man’s voice from a voice mail recording and knew him to be a pimp in the area.

Rape and child molestation are some of the most serious crimes a person can commit. Child Molestation in Georgia is defined as "any immoral or indecent act to or in the presence of or with any child under the age of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the person".

Continue reading "Man Held in Rape, Pimping of Juvenile" »

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The nydailynews.com reported in a story on February 10, 2009 that Russell Harding, housing czar during Rudy Giuliani’s governor term, is fighting court attempts to place his name and address in a New York state wide registry of sex offenders for life. More than 27,000 names can be found on the list for offenders of sex crimes in New York.

According to court documents, Harding is upset that federal prosecutors recently turned over documents detailing damaging chats he had online.

Harding wrote, “As the court knows these chats were not the basis for any charge brought against me either in the original or amended indictments. They were never used as evidence as they had no evidentiary basis for the crime of possession of child pornography in this particular case.”

Harding has just finished serving a five year sentence for embezzlement of city funds and possession of child porn. Harding pleaded guilty in 2003 to stealing $400,000 from the city’s Housing and Preservation Development Corp. and using it for lavish vacation and car.

On his personal website rudyveritas.com Harding wrote, “I understood these chats to be sealed as they had never been proven to be authentic and had no evidentiary value since they were not part of the crime alleged. The way you achieve fairness and equity in the justice system is everyone plays by the rules. When one side cheats, especially the more powerful side, there can be no justice. Whether you think me a good guy or a scumbag I am fully prepared to let you be the judge as to whether or not I received a fair shake.”

Each year there are countless cases of individuals wrongfully accused of and charged with criminal sexual acts in New York and Georgia. In this situation, it is very important that you secure the representation of a Georgia or New York sex crime defense attorney who is skilled in sex crime law and will be able to use evidence to show your good character. Please call 1-800-536-1740 for a free consultation.

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The cbsatlanta.com website reported in an article on March 13, 2009 that Whitfield County officials in Dalton Georgia will be charging Joshua Bedwell, 26 from Cleveland Tennessee with rape and child molestation of a 15 year old relative. According to Rick Swiney, Sheriffs Captain the charges include statutory rape and several counts of Georgia aggravated child molestation. Bedwell was taken to Whitfield County jail.

There are many types of sexual assault or sexual abuse, including the following that carry severe punishments: Rape, Sexual Battery, Solicitation, Lewd Conduct, Pandering, Indecent Exposure, Public Indecency, Child Molestation, Enticing a Child for Indecent Purposes, Sexual Exploitation of Children, Electronically Furnishing Obscene Material To Minors, and Aggravated Sodomy.

If you have been charged with a sex crime charge in Georgia, you are facing serious consequences which may carry life-long penalties. These circumstances could ruin your reputation within your community and your chances to pursue certain personal and professional endeavors. If you are convicted of committing a sexual offense, you are facing a long prison term and monetary fines, and you may have to register as a sex offender with State and local law enforcement agencies for the rest of your life.

Continue reading "Whitfield County Rape Charges against Tennessee Man " »

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The nydailynews.com website reported in an account on March 14, 2009 that the Nassau County District Attorney reported that Heather Kennedy, 26 had been re-arrested for violating a court order. Kennedy was a math teacher in Long Island who was caught having sex with a 16 year old boy back in March 2008 in the school’s parking lot. Even after being caught for the sex crime in New York, Kennedy continued the affair with the boy. She was charged with additional charges in July. Now the former teacher is being thrown back in jail for writing love letters to her underage lover.

Kennedy apologized to the court but was convicted of statutory rape and given six months in jail in addition to her teaching license being revoked.

There are many types of sexual assault or sexual abuse in New York. Sexual assault, in most states, includes any type of unwanted physical contact with any sexual organ. All sex crimes, either felony or misdemeanor, are very serious charges and can carry life changing consequences.

Each year there are countless cases of individuals wrongfully accused of and charged with criminal sexual acts. If you find yourself in this situation, it is very important that you secure the representation of a top New York criminal defense lawyer from Conaway & Strickler, P.C. They are skilled in NY sex crime law and will be able to use evidence to show your good character, while using evidence which will show the lack of character of the accuser in the case. Please call 1-800-536-1740 for a free consultation.

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They nydailynews.com website reported in an account on March 11, 2009 that Israel Weingarten, a Hasidic rabbi in New York, was found guilty by a jury in Brooklyn Federal Court of molesting his daughter for more than 7 years. Accompanied into the courtroom by US marshals, the victim sat down in the front row. Across from her were her six brothers and sisters between the ages of 13 to 23 who took their father’s side.

Weingarten defended himself but was found guilty on all counts of molestation. After being found guilty of transporting the victim to Israel, Belgium, New York to commit sex crimes, he showed no feelings. He is due to be sentenced on April 3, 2009 by Judge John Gleeson and could face up to 50 years in prison.

Walking out of court, the victim was dressed in contemporary clothes, wore cosmetics, and no longer is a member of the Satmar sect. She was asked what it felt like to be cross examined by her father for the sex crimes in New York. She replied, “Like being molested again. He thought he still had power over me. I think it was cruel to do that to me. I wish he wasn't my father. I've been waiting my whole life for this. I didn't think the day would come when there would be justice, and I had to see it with my own eyes."

Sister Yakev Weingarten, 18, said, “My sister? I didn't look at her. She's not even human."

All sex crimes, either felony or misdemeanor, are very serious charges and can carry life changing consequences. If you or someone you know has been arrested for a sex crime in New York, you need advice from an experienced New York criminal defense lawyer from Conaway & Strickler, P.C. Protect your rights and your freedom. Please call 1-800-536-1740 for a free consultation.

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The gainesvilletimes.com website reported in an account on March 13, 2008 that Cornelio Zamites will plead guilty to the rape and homicide in Georgia of a 4 year old girl. Zamites agreed in order to avoid the death penalty and the district attorney agreed on this plea in order to secure a conviction.

Through an interpreter Esmeralda’s father Jesus Lopez Rios told Judge Kathlene Gosselin, “I live blaming myself sometimes because my daughter needed me as a father and I could not help her.”

The girl’s killer, Cornelio Rivera Zamites, 28, pleaded guilty Thursday to murder, rape, kidnapping with bodily injury and other offenses and was sentenced by Gosselin to life without the possibility of parole, plus three consecutive life sentences, plus 20 years.

Zamites agreed in writing that he would never appeal his Georgia sex crime and murder sentence. He declined to address the court.

Continue reading "Hall County Murder and Rape of 4 Year Old, Defendant Pleads Guilty " »

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Posted In: Criminal Defense , Murder/Homicide , Sex Crime Defense , Violent Crimes

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The ajc.com website reported in a story on March 10, 2009 that local, state, and federal agents had conducted a state wide sweep in Georgia which had resulted in the arrest of 27 people and more than 100 computers being confiscated. Two teenagers were amongst those arrested for possession of child pornography in Georgia. Now the forensic technicians will have to spend hour after hour searching for any trace of child porn pictures or video.

John Bankhead, Georgia Bureau of Investigation, said the operation was called “Operation Shattered Innocence” and that for the most part, all arrests were carried out. However, more arrest warrants will most likely be issued, including some for teenagers after investigators go through the hard drives.

Investigators say that investigation did not center on an individual website but on the “peer to peer” sites that exchange videos and pictures. As arrest warrants were executed for these Georgia sex crimes, many were shocked to see law enforcement at their door. Agents found one man standing nude in front of his computer that had a camera connected to it.

Some computers were left behind even though they were suspected of sending or receiving child porn. According to Bankhead, the reason for this is that those computers were connected to the Internet with an unsecured connection. This means that anyone within reach of your signal can be downloading those images aside from the owner of the computer.

Continue reading "Georgia Child Porn Sweep Nets 23 " »

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Posted In: Computer Crime , Criminal Defense , Sex Crime Defense

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The nydailynews.com reported in a story on February 10, 2009 that Russell Harding, housing czar during Rudy Giuliani’s governor term, is fighting court attempts to place his name and address in a New York state wide registry of sex offenders for life. More than 27,000 names can be found on the list for offenders of sex crimes in New York.

According to court documents, Harding is upset that federal prosecutors recently turned over documents detailing damaging chats he had online.

Harding wrote, “As the court knows these chats were not the basis for any charge brought against me either in the original or amended indictments. They were never used as evidence as they had no evidentiary basis for the crime of possession of child pornography in this particular case.”

Harding has just finished serving a five year sentence for embezzlement of city funds and possession of child porn. Harding pleaded guilty in 2003 to stealing $400,000 from the city’s Housing and Preservation Development Corp. and using it for lavish vacation and car.

Continue reading "New York Sex Crime Offender Russell Harding Fights To Stay Off Sex Offender List " »

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The NY Daily News website reported on January 30, 2009 that Cecil (Katie) Suwal, 24 was sentenced to 6 months in prison for assisting her boyfriend, Mark Brener, 63, in laundering illegal money and signing up call girls for the hooker ring Emperors Club VIP. This is the call girl company that ex-Governor Eliot Spitzer was connected to, which led to his downfall in this New York sex crime.

Barbara Jones, Federal Judge, noted that Brener, who was seen as Suwal's mentor, had tight control over her. Jones rejected prosecutors’ recommendations of a lengthier sentence.

Alberto Ebanks, Suwal’s lawyer, stressed the Judge's argument by pointing out that Suwal has a tattoo on her body that says “Property of Mark Brener.”

Continue reading "Spitzer Hooker Ring Boss In Scandal Sentenced" »

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A report dated November 7, 2008 in the Atlanta Journal-Constitution by Nancy Badertscher stated that in Chrokee County six people were arrested for sex crimes on suspicion of operating an illegal massage parlor. This case involves the internet, sex, and drugs. The operation was being advertised on the popular website Craigslist.com and was operating out of a house in the Hickory Flat community. A six week investigation preceded the arrests and raid.

Spokesman Sgt. Jay Baker for the Cherokee County Sheriff’s department said charges against the suspects ranged from illegal drug possession, masturbation for hire, and pimping. While serving a search warrant on the house, crime scene investigators also found $15,000 in cash, a laptop, marijuana and heroin.

Two clients were also found at the time but the Sheriff’s department did not immediately charge them. Many aspects of the law are touched here do to the fact that this case involves the internet to solicit business and that business being sex and or illegal drug distribution.

If you have been accused of a crime dealing with the internet, sex, or drugs you need an experienced defense team. As with this case which involves three separate crime fields, the law offices of Conaway & Strickler, P.C., have dedicated Georgia criminal defense attorneys who will use the whole firm to get you the expertise you need to get the desired results. Please do not hesitate to call 404-816-5000 for a free consultation. Your innocence and public image are on the line.

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Matthew Gantz, a 41-year-old drama teacher at Cherokee High School in Canton, has been arrested after two students alleged that Gantz had a sexual relationship with them. According to a news report in the Atlanta Journal Constitution, Gantz was arrested after allegations from a former student that he sexually assaulted her beginning in 2007 when the victim was 17. A second person came forward later with similar allegations.

Gantz was charged with two counts of sexual assault of a person in custody and one count of tampering with evidence. With the second girl coming forward, police filed three additional counts of sexual assault against the teacher. The second victim says she had a sexual relationship with Gantz in 2005 when she was a student at the high school. After his arrest, Gantz reportedly resigned his teaching job at the school, which he has held since 1998.

If you are facing a sex crime charge in Georgia, you are also facing serious consequences. A sex crime charge is a stain on your reputation. In this case, the teacher resigned right away after his arrest even before the charges could be proved in a court of law. Although a defendant in a criminal case is innocent until proven guilty, society doesn’t quite look at it that way.

You need a skilled Atlanta sex crimes defense attorney who can thoroughly investigate your case and listen to your side of the story. If convicted of a sex crime, you are facing a lengthy prison term, monetary fines and mandatory registration as a sex offender with State and local law enforcement agencies for the rest of your life. If you are facing a sex crime charge, please call a skilled sex crime defense attorney at Conaway & Strickler. We will fight to protect your legal rights. Our goal is to keep you out of jail. Call us today for a free consultation.

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John Luke Walker, a 17 year old from Lilburn was indicted this week in the alleged sexual assault of a 14 year old girl he met at a high school party. A Gwinnett grand jury indicted Walker on one count of aggravated child molestation and one count of making false statements. Walker is being held in jail without bond.

Police allege that Walker met the girl at a party on February 17th. He took her to another house and proceeded to rape her. Walker was initially charged with one count each of felony rape, child molestation and making false statements. He was not indicted on the rape charge, but the count of aggravated child molestation alleges that Walker had sex with the victim. The girl was 14 at the time of the incident but has since turned 15.

Continue reading "Brookwood High Student Indicted on Sexual Assault Charges" »

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A Carrolton dentist is facing a 12-count indictment, including three felonies, alleging that he assaulted patients when they were sedated. According to an article in The Atlanta Journal-Constitution, 55-year-old Dr. Gordon Trent Austin faces nine counts of simple battery, two counts of aggravated assault and one count of first-degree child cruelty. The incidents reportedly involved eight patients.

One of those patients filed a lawsuit against the dentist March 26 alleging he was physically abusive to her during a visit in May 2006. The suit accuses Austin of extracting the patient’s teeth without sufficient anesthesia and then hitting her in the face with a heavy metal object when she tried to resist. Austin’s defense attorney is saying that the woman’s account of events in the civil lawsuit, are “erroneous.”

The violent crime defense attorney says his client has a spotless track record of serving as a doctor in the community. Austin is of course innocent until proven guilty and that’s what many of us forget when it comes to criminal cases. Accusations that are horrible are just that – accusations. No one has testified to them under oath. Allegations are just statements made by people until they are proved in a court of law before a judge or a jury.

Continue reading "Georgia Dentist Accused of Assaulting Sedated Patients" »

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In a cautionary tale about the very serious nature of criminal suits for clients and attorneys alike, a Superior Court judge has ordered a couple and their attorney to pay more than $1 million in legal fees and court costs from a dismissed case. According to an article in the Atlanta Journal-Constitution, the lawsuit alleged sexual misconduct against Bishop Earl Paulk, one of Atlanta’s preeminent preachers in the 1980’s and 1990’s. Mona Brewer claimed in the suit that she had a 14-year coercive affair with Paulk, but the suit was dropped by the Brewers last July.

The judge entered the order Friday, January 22nd against Mona and Bobby Brewer and their attorney, for costs incurred by three different legal firms who defended Paulk in the Superior Court case.

Atlanta Sexual Misconduct charges are some of the most serious charges one can claim against another individual. The damage that these claims can have on an individual’s reputation can be devastating, regardless of whether the charges turn out to be true or not. A series of sexual misconduct allegations plagued Paulk’s work and as a result of this, he lost influence in the community, and eventually, his ministry.

Continue reading "Couple Ordered By Court To Pay $1Million In Legal Fees" »

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A recent op-ed in the Atlanta Journal-Constitution touches on the devastating effects entry into Georgia’s “draconian” sex offender database can have on lives and careers. The article, which follows a local man’s struggle to keep a valued employee – and a registered sex offender – on staff, exposes the many issues of HB 908, which seeks to reinstate the sex offender law that was tossed out in 2006 due to its unconstitutional limits on the lives and careers of sex offenders.

The article points out that the current bill does not distinguish between severe and low-risk offenders and fails to make sensible provisions for people who are barred from living where children congregate. If passed, the law could reinstate restrictions on where registered offenders live and work, a move that could actually increase public risk as some sex offenders fail to register with their local sheriff due to fear about the law’s impact on their lives.

Continue reading "Georgia Sex Offender Database Can Cripple Careers" »

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In a disturbing example of child molestation, a high ranking aide to Governor Deval Patrick’s administration was accused of sexually assaulting a boy in the steam room of a Florida resort, according to an Atlanta Journal Constitution report. Carl Stanley McGee, 38, the assistant secretary for policy and planning was arrested December 28th after the suspected assault and has since been placed on unpaid leave.

“Mr. McGee was placed on unpaid administrative leave effective January 7th pending the outcome of the matter,” a spokeswoman for Secretary of Housing and Economic Development Dan O’Connell, said in a statement.

McGee met the boy, who police said is between 12 and 16 years old in a bathroom at the resort a day before the incident occurred. The next day the two ran into each other in the resort’s steam room. According to the boy, McGee sat next to him, removed his towel, rubbed the boy’s back and shoulders and performed oral sex on him. The boy’s father contacted police after his son informed him of the incident.

Continue reading "Governor Aide Accused of Sexual Assault On Boy" »

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Police in Norcross say they are conducting an Internet child predator sting by using undercover officers posing as teenagers. So far, one person, 47-year-old Kenneth Edward Noland of Atlanta, has been arrested for sending a nude photo of himself to an officer posing as a teen and even setting up a meeting, according to an article in The Atlanta Journal-Constitution. Noland reportedly didn’t show up to the scheduled meeting, but was arrested on suspicion of furnishing obscene material to a minor, which is a misdemeanor, the newspaper reported.

What does this mean for Noland? If convicted, he will be mandated to register as a Georgia sex offender and cannot have unsupervised contact with minors. He is currently out on a $2,850 bond. Police say although he did not come to the meeting, sending out obscene material to an underage person is a crime. Investigators also told the newspaper that most of the men they communicated with broke off contact when they found out the posing officer’s made-up age.

According to Georgia law, electronically furnishing obscene material to minors is illegal if one knows or has good reason to know the character of the material furnished. This includes material such as pictures or photograph of a person or a portion of the human body, which is suggestive of sexual conduct or depicts sexual conduct, nudity or abuse. Written matter could also fall under this category.

Continue reading "Norcross Police Internet Sex Offender Sting Nets One Arrest" »

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Was it a “deadly sin”, a crime or just one night of stupidity? That’s the issue courts in Georgia are grappling with in the case of Genarlow Wilson, who is serving a 10-year prison sentence in this state for having consensual oral sex with a girl when they were both teens and minors.

According to an Associated Press news report a New York-based investment manager and 10 other business leaders have offered to post a $1 million bond to free Wilson, but prosecutors say the incarcerated man is not eligible for that bond.

Continue reading "Man Serving 10-Year Prison Sentence Not Eligible for Bond Under Changed Law, Court Rules" »

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Authorities in New Orleans last week arrested an Augusta man on suspicion of impregnating his girlfriend’s teenage daughter, according to an article in the Augusta Chronicle. Police arrested 38-year-old James Wiley and extradited him to Georgia after charging him with one count of child molestation.

Investigators say the girl was only 14 years old when the alleged incident occurred. The state of Georgia’s permissible age for sexual consent is 16. Authorities got wind of it in January 2005 when someone working at the Augusta Pregnancy Care Center called the police. A nurse found out from a conversation with the girl that her mother’s boyfriend was responsible for the pregnancy, the news report said. Officials also performed DNA tests on the girl and her child after its birth in June 2005 and determined that Wiley is the father.

Continue reading "Man Arrested on Molestation Charge" »

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