"That still doesn't change the
fact that you applauded a wrongful murder and were then stupid enough
to try and compare it to euthanizing a sick animal"--Pr0r3p
http://groups.google.com/group/alt.politics.homosexuality/msg/5a89997cf170e299?&hl=en
"No surprise that you cheer for murder"--Ray Fischer
http://groups.google.com/group/alt.politics.homosexuality/msg/99440075c4248ca7?&hl=en
Sterling Heights man could be first prosecuted under new pedophile law
PUBLISHED: December 3, 2006
A Sterling Heights man jailed on accusations of molesting two
pre-pubescent girls may become the first defendant in two counties to
face prosecution under a new tough Michigan law to crack down on
pedophiles.
Court officials in both Macomb and Oakland counties said Friday that
Donald Earl Fitzpatrick is a likely candidate for their first
prosecution ever under the Michigan version of "Jessica's Law," an
initiative to give pedophiles tough minimum prison terms under the
theory that they often become repeat offenders after returning to
society.
Fitzpatrick, 61, faces two counts of first-degree criminal sexual
conduct involving a 7-year-old grandchild of his fiancee during a visit
to his home earlier this fall. He faces a separate charge of
second-degree criminal sexual conduct in Oakland County involving a
9-year-old girl at her family's home in the Rochester Hills area.
The two girls are cousins, court officials said, and investigators are
looking for possible additional victims based on information in the
case that Fitzpatrick may have also solicited other young girls he knew
or was asked to babysit.
But under the new changes in the criminal sexual conduct laws that took
effect at the end of August, he may face a mandatory 25 years in prison
if convicted on the first-degree charge.
"Those laws just took effect, and involve minors, so this would be the
first mandatory minimum 25 years we're looking at pursuing here," said
Rebecca Oster, the Macomb County assistant prosecutor handling the
Sterling Heights case in court.
Rob Giles, section leader or chief of the sex crimes unit for Oakland
County prosecutors who is handling the case at a Rochester Hills
preliminary examination Tuesday, said his case could elevate to the
mandatory 25-year first-degree CSC charge as well.
"It could change, depending on the details of what we hear in testimony
if the case goes to a preliminary examination," Giles said. "There's a
lot of possible exposure. He has an absolute right to a preliminary
exam, and to hear the accusations she (the victim) has against him, but
he exposes himself to the possibility we could elevate to the same
charge as Macomb, based on what we hear."
At the moment, Fitzpatrick only faces one charge in Oakland County of
second-degree CSC, which involves sexual touching or contact of a minor
without penetration. But Giles said some details in the case suggest to
him that more charges are possible.
"The law on these (penetration offenses) spells out it can be based on
any penetration, no matter how slight," he said. "It's possible
something more could be made out just based on some facts of the
allegation."
A new set of state laws passed by the legislature and signed by Gov.
Jennifer Granholm toughens penalties for pedophiles, creating minimum
mandatory sentences of life or 25 years in prison, and putting
offenders on lifetime tethers.
Hailed by law enforcement officials and politicians, the laws are part
of a nationwide effort to enact "Jessica's Law" and a signal that
society believes that pedophiles cannot be rehabilitated and should be
locked up
State Rep. Phil Pavlov, R-St. Clair Township, introduced two of the
main bills in Michigan. The amendments to the law require judges to
sentence anyone convicted of first-degree criminal sexual conduct on a
child under 13 to a minimum of 25 years in prison, and lifetime parole.
Also, anyone with a prior sex conviction who sexually assaults a victim
under 13 by force or coercion must be sentenced to life in prison with
no chance of parole, the same penalty for first-degree premeditated
murder.
The stiffer penalties apply to offenses that occurred after the new
laws took effect in late August. They have drawn some concerns from
defense attorneys, who worry that overzealous politicians have tied
judges' hands.
The Florida effort to pass "Jessica's Law" was based on the gruesome
tale of 9-year-old Jessica Lunsford, who was raped, given drugs and
killed last year, according to police, by John Evander Couey, a repeat
offender. Jessica's father, Mark, has toured the country advocating the
tougher laws and testified before Michigan lawmakers.
Fitzpatrick faces a preliminary examination on the Oakland case Tuesday
at 52-3 District Court in Rochester Hills. He also awaits a preliminary
examination Dec. 11 in 41A District Court in Sterling Heights and
remains jailed without bond.
Police are asking anyone with information regarding Fitzpatrick and
other possible victims to call Sterling Heights police Detective John
Jacob, the officer in charge of that investigation, at (586) 446-2943.
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