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Officer cleared of soliciting sex with 13-year-old
Josey1
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Minneapolis officer cleared of soliciting sex with teen
Margaret Zack
Star Tribune
Published Aug 21, 2002 APP21
A former Minneapolis police officer who admitted having sex with a 13-year-old can't be charged with soliciting because the girl's words and conduct led to the sexual activity the Minnesota Court of Appeals ruled Tuesday.
According to charges filed in August 2001, Travis W. Koenig, 32, of Blaine, called a chat line on June 9, 2001, and connected with two teenagers. The girls were 13 and 15, but told Koenig that they were 18 and 19, according to court documents.
They later met and Koenig had sex with the younger girl twice, once while in the presence of the 15-year-old, according to the criminal complaint.
He was charged with third-degree criminal sexual conduct, soliciting a child and fifth-degree criminal sexual conduct.
He still faces a trial in the third-degree criminal sexual conduct case, but Hennepin County District Judge Lucy Wieland dismissed the other two counts. Prosecutors appealed the dismissal of the solicitation charge.
The Appeals Court, in a decision written by Judge Robert Schumacher and joined by Judges Randolph Peterson and David Minge, said that because Koenig was responding to a message the 13-year-old posted, he didn't "solicit" her.
And the later exchange of voice-mail messages and phone conversations was a process of negotiation, not of solicitation, the decision said.
The statute defines solicitation as "commanding, entreating or attempting to persuade."
The court said the 13-year-old ". . . did not exhibit any reluctance to discuss engaging in sexual activity, and her receptive attitude left no room for the 'commanding, entreating or attempting to persuade' that the statute prohibits."
The legislative intent is to prohibit any persuasive conduct by adults that might entice children to engage in sexual activity, the decision said.
"When the child's own words or conduct lead so directly to the sexual activity that the adult does not engage in any form of persuasion, the crime of solicitation has not occurred," it said.
Deputy County Attorney Pete Cahill said his office is considering asking the Minnesota Supreme Court to hear the case.
He said the statute is to protect children and doesn't require the child to be a reluctant or resistive listener, as the Court of Appeals said.
"We'll be seeing more of these cases coming because of the Internet, so the Supreme Court should decide," Cahill said.
Koenig, who was fired by the Minneapolis Police Department in December, has said he didn't know the girls were juveniles.
-- Margaret Zack is at mzack@startribune.com.
http://www.startribune.com/stories/462/3178285.html
"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878
Margaret Zack
Star Tribune
Published Aug 21, 2002 APP21
A former Minneapolis police officer who admitted having sex with a 13-year-old can't be charged with soliciting because the girl's words and conduct led to the sexual activity the Minnesota Court of Appeals ruled Tuesday.
According to charges filed in August 2001, Travis W. Koenig, 32, of Blaine, called a chat line on June 9, 2001, and connected with two teenagers. The girls were 13 and 15, but told Koenig that they were 18 and 19, according to court documents.
They later met and Koenig had sex with the younger girl twice, once while in the presence of the 15-year-old, according to the criminal complaint.
He was charged with third-degree criminal sexual conduct, soliciting a child and fifth-degree criminal sexual conduct.
He still faces a trial in the third-degree criminal sexual conduct case, but Hennepin County District Judge Lucy Wieland dismissed the other two counts. Prosecutors appealed the dismissal of the solicitation charge.
The Appeals Court, in a decision written by Judge Robert Schumacher and joined by Judges Randolph Peterson and David Minge, said that because Koenig was responding to a message the 13-year-old posted, he didn't "solicit" her.
And the later exchange of voice-mail messages and phone conversations was a process of negotiation, not of solicitation, the decision said.
The statute defines solicitation as "commanding, entreating or attempting to persuade."
The court said the 13-year-old ". . . did not exhibit any reluctance to discuss engaging in sexual activity, and her receptive attitude left no room for the 'commanding, entreating or attempting to persuade' that the statute prohibits."
The legislative intent is to prohibit any persuasive conduct by adults that might entice children to engage in sexual activity, the decision said.
"When the child's own words or conduct lead so directly to the sexual activity that the adult does not engage in any form of persuasion, the crime of solicitation has not occurred," it said.
Deputy County Attorney Pete Cahill said his office is considering asking the Minnesota Supreme Court to hear the case.
He said the statute is to protect children and doesn't require the child to be a reluctant or resistive listener, as the Court of Appeals said.
"We'll be seeing more of these cases coming because of the Internet, so the Supreme Court should decide," Cahill said.
Koenig, who was fired by the Minneapolis Police Department in December, has said he didn't know the girls were juveniles.
-- Margaret Zack is at mzack@startribune.com.
http://www.startribune.com/stories/462/3178285.html
"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878
Comments
By CHRISTOPHER BOBBY Tribune Chronicle
WARREN - A fired Trumbull County sheriff's deputy is expected to appeal his termination today, claiming that firing more than a dozen shots from his weapon at a car he was chasing June 26 was an act of self defense.
Sheriff Thomas Altiere fired Deputy Brian Kaintz on Monday. Altiere said the deputy, who worked road patrol, fired 16 shots at the car, which violated the department's policies on use of deadly or excessive force, shooting at a moving vehicle and knowing observing and obeying directives and expectations.
Kaintz, 30, of Niles remains off duty until a decision is issued on the appeal.
The motorist he was chasing about 2:30 a.m., Christopher Rex of Southington, still has six charges pending in two different courts following the pursuit that Kaintz said reached speeds of 110 mph.
The termination was the result of an internal investigation by two ranking detectives who viewed a video tape of the chase and a minor crash from a camera mounted on the dashboard of Kaintz' cruiser, according to Capt. Thomas Stewart.
Kaintz said he feared for his life when the car that Rex was driving was ramming into his cruiser while attempting to flee.
But Stewart said the sheriff and investigators felt too many shots were fired, including a series of shots at a fleeing car. He said the pursuit could have been called off and Kaintz also failed to notify his supervisor for more than 25 minutes.
Stewart said Kaintz, who was hired in November 1997, failed to clarify with dispatchers his verbal calls of ''shots fired,'' which have been interpreted by other officers that the deputy was being shot at.
According to the investigators, Kaintz wrote in his report that he spotted Rex on U.S. 422 near the Ohio 5-82 bypass driving 73 mph in a 55 mph zone. Kaintz gave chase west on U.S. 422 and then north on Ohio 534 through Southington where Kaintz said the driver went through more than one stop sign.
At Ohio 534 and Doty-East Road, Kaintz reported that the brakes on Rex's car locked, sending the car into a tree.
The reports state that video shows Kaintz pulling his cruiser behind Rex, who then backed up in the direction of the cruiser. Kaintz jumped from his cruiser, ordering Rex to put his hands in the air and get out of the car.
Rex failed to get out of the car and several shots were fired as the car was backing up. Rex then pulled forward and backed up again, this time pulling away from the crash scene, the report states.
Kaintz fired several more shots at the car as it drove off. Kaintz and other deputies later found the car parked at the home of Rex's brother, Matthew, on Warren Burton Road. Rex was arrested after deputies found him hiding in the attic, according to a report.
Prior to being hired, Kaintz worked as a laborer with the City of Warren, and he also worked in construction, in landscaping and for UPS. He also served in the Army.
Meanwhile, Rex is free on $1,500 bond and has pleaded innocent in Newton Falls Municipal Court to charges of felonious assault, failure to control and failure to comply with the order or signal of a peace officer. He also has pleaded innocent in Warren Municipal Court to charges of speeding, driving while intoxicated and driving under suspension. He will appear Sept 26 at hearings in both courts.
Rex's attorney Phil Vigorito said his client told him he never heard any verbal warnings and even though Kaintz claims he was trying to shoot out the tires of the car, a rear window was shattered and one shot penetrated the driver's door and broke the window that was rolled down at the time.
http://www.tribune-chronicle.com/news/story/08212002_new08.asp
"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878
a 28 Investigates report 8/20/02
related story: Conflict of interest alleged in second case (7/23/02)
TAMPA - Sheriff's deputies have arrested the nephew of one of Tampa's top cops.
Kareem Wright, the nephew of Tampa police sergeant Robert Wright and deputy chief of investigations Tina Wright, was sentenced to one year in jail for drugs and weapons charges. However, some believe he should also be charged with murder.
The 25-year-old's one-year sentence was the result of a deal with prosecutors. He was arrested for a number of charges, including possession of cocaine, possession of marijuana, and a felon in possession of a firearm.
"He had an SKS assault rifle. We finally got the prints and found it was his," police spokesman Lt. Rod Reder said.
That rifle, found inside an apartment where Kareem Wright was staying, was the same type of rifle that was used to kill 27-year-old Benjamin Bradley last July. Witness Corey Wilson told police he saw Kareem Wright pull the trigger.
Five months later, two witnesses told police they saw Kareem Wright kill 24-year-old Felecia Hines while she drove in a car with her boyfriend.
Felicia Hines' mother says she believes Tampa police are covering up her daughter's murder because of Kareem Wright's relationship with deputy chief Tina Wright.
"It's sad for her to be shot in the head, and nobody's doing nothing. You got witnesses saying he did it, so what is the problem?" lamented Debra Hines.
Family members of both murder victims want this case transferred outside of the Tampa police department, calling it a conflict of interest. However, chief Bennie Holder said earlier this year he will not transfer the case.
The governor's office is looking into the case, they told 28 Investigates that before they take action, they need the state attorney's office to send them a letter requesting an outside investigation.
State attorney Mark Ober told 28 Investigates that he has faith Tampa detectives are thoroughly investigating the murders, adding there's no conflict of interest because Deputy Chief Wright is purposefully staying out of the case.
http://www.wfts.com/stories/020820wright.shtml
"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878
By: Kris Ferrazza August 21, 2002
WISCASSET - A Waldoboro man has pleaded guilty to the theft of nearly $15,000 from the Lincoln County Rifle Club, taken while he was treasurer. He must serve 90 days in jail and repay the money, a judge ruled.
Stanley W. Kaboskie Jr., 48, entered the plea Aug. 14 in Lincoln County Superior Court in Wiscasset and was sentenced to five years in jail, all but 90 days suspended, and four years of probation.
The probation requires that he repay $14,749 to the rifle club in Damariscotta at a rate of $100 per week. He also must undergo psychological counseling, refrain from using, owning or possessing firearms or dangerous weapons, and stay away from the gun club property, court records show.
In a letter to the court, rifle club secretary Darryl T. Hubbard noted that the restitution "only partly compensates the rifle club for the damages wrought by Mr. Kaboskie's actions." The letter goes on to say certificates of deposit that were withdrawn by Kaboskie were earning high interest rates, and that past and future interest gains cannot be recouped. In addition, the former treasurer failed to pay bills to local companies, resulting in late fees and embarrassment to the club within the community, the letter said.
The secretary noted that club officers paid the late bills from their own pockets and visited the local businesses in person to explain, settle the accounts and apologize. The overdue payments and media coverage of the theft also has damaged the club's reputation, Hubbard pointed out.
Investigation into the missing funds revealed Kaboskie had withdrawn CDs, written checks and diverted income that was unaccounted for in club ledgers, records state. The money had been transferred to Kaboskie or C&S Auto. Other irregularities included a check payment from the gun club to Verizon, although the rifle club had no telephone service.
http://www.zwire.com/site/news.cfm?newsid=5117162&BRD=1464&PAG=461&dept_id=179644&rfi=6
cCourier Gazette 2002
"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878
"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878
I doubt very much if the person was non LEO, the results would be the same... the person would have the book thrown at them..
As for the girls... I have no comment except to say.. what is going on with kids today... I am tired of everyone blaming the parents or saying where were her parents?... Quite often the kids portray one "side" to the parents and quite another side when out...
There was another story listed about a girl.. 13.. straight A student...regular church goer... always helping out at home...didnt do drugs or alcohol..and according to her parents.. the best daughter a parent could have....Turned out she was a hooker... she would meet clients on the way home from school, do her thing and be home in time for dinner..According to reports she was pulling in approx 500 bucks a week.. Quite often the kids go to extreme lengths to hide things from the parents...so dont always blame the parent.. put the blame where it belongs...
Lil' Stinker's Opinion
If you will blame gun makers for every shooting then blame car maker for every car accident.
"Join the Baby Fur Seal Club and take a swing at life"