John Bradley is first out of the gates with the new crime of continuous sexual abuse:

The story

(Good luck with that, JB.)

Meanwhile, inquiring minds are wondering if anyone else has has an opportunity to use the new "super-aggravated" sexual assault punishment. I haven't heard of any yet; have you?

I heard from a reporter this morning that someone in Houston has been indicted for continuous sexual abuse but is a fugitive.

We have had a couple...
I have a continuous sexual abuse about to go the grand jury. We have already indicted 2 cases under the "Super Aggravated" punishment. One child was under 7 and another for a child under 14 with a deadly weapon.

Eren Price
Dallas County District Attorney's Office

Thanks for the update, Eren. Have any others jumped into the fray yet? Let's hear from you ...

This afternoon, our defendant (David Hebert) pleaded guilty to the offense of continuous sexual abuse. He was scheduled for a jury trial on Monday, facing 25-99 or life in prison with no parole.

The negotiated recommendation to the judge was 35 years in prison with no parole. The judge accepted the plea and sentenced Hebert.

I believe that is the first completed prosecution under the new CSA law. We had hoped to take the case to jury trial, providing a clean case for appeal, but it's pretty hard to turn down 35 years with no parole when the defendant is 43 years old.

The defendant was offered 35 years under CSA (no parole) or life in prison for aggravated sexual assault (parole eligible after 30 years). What would you have taken?

How you gonna enforce the parole waiver?

In my conversations with the BPP, they won't be bound by plea agreements between a defendant and the State.

It's not a waiver. Under Jessica's Law, for the crime of continuous sexual abuse (25-99 or life in prison punishment range) THERE IS NO PAROLE. See Government Code, sec. 508.145 ("not eligible for release on parole").

This is the culmination of some prophetic words by Judge Cathy Cochran in Dixon v. State:

"Perhaps the Texas Legislature can address this conundrum [involving legal issues associated with jury unanimity and election among numerous repeated acts of sexual abuse against a child] and consider enacting a new penal statute that focuses upon a continuing course of conduct crime-a sexually abusive relationship that is marked by a pattern or course of conduct of various sexual acts. Such a statute would have advantages and disadvantages for both the prosecution and defense, but it might well assist in preserving our bedrock criminal-procedure principles of double jeopardy, jury unanimity, due-process notice, grand-jury indictments, and election law."

I am embarrassed to say I didn't realize that!

Well, you appellate types are sometimes the last to know. Sort of like the Easter Bunny.

Anybody indicted a super agg sex assault yet, of the under 6 variety? Trying to see what others think the indictment should look like.

The Lizard Man is innocent!

I have one case going to Grand Jury this month for Continuous Sexual Assault. And, one case that is being amended to "Super" Aggravated Sexual Assault, due to the age of the victim being under age 6.

John - I emailed the Amended Indictment to you.

Got it! We appreciate it.

A Hutto man will spend at least 25 years in prison after a Williamson County jury found him guilty Friday night of continuous sexual abuse of a 12-year-old girl.

The jury of nine men and three women deliberated for nearly seven hours before finding Alfredo Soto Enriquez guilty of one count of continuous sexual abuse of a child, eight counts of sexual abuse of a child, and two counts of indecency with a child.

Enriquez, 36, was accused of sexually abusing the girl over several months last year. He was the first person in Texas to be charged under Jessica�s Law, which carries a minimum penalty of 25 years in prison with no chance of parole and a maximum of life in prison if convicted.


Details.

[Stay tuned for punishment]

A Hutto man will spend at least 50 years in prison after a Williamson County jury found him guilty Friday night of continuous sexual abuse of a 12-year-old girl.

The jury of nine men and three women deliberated for nearly seven hours before finding Alfredo Soto Enriquez guilty of one count of continuous sexual abuse of a child, eight counts of sexual abuse of a child and two counts of indecency with a child.

He was sentenced to 50 years on each sexual abuse charge. The maximum was life. He received the maximum 20 years on each indecency charge.


Details.

Formal sentencing is scheduled for later in the month, when the judge will decide whether to stack the sentences.

leave this child molester in prison forever and the jury said, OK. Good job, Jane and team! This defendant will never have access to molest another child.

In fact, he should start eating right and exercising since he will be 86 before his first parole eligibility.

Bristol Myers, the defense attorney, was quoted in the article cited by JB as follows:

"Defense attorney Bristol Myers had asked the jury for leniency, saying, "There is no permanent physical injury. No violence was used, no sadism. There are a million ways more that could be worse."

Bristol my friend, you're wrong. Sexual assault of a child and aggravated sexual assault of a child are violent crimes as definded by the law.

http://www.statesman.com/news/content/news/stories/local/10/11/1011enriquez.html

Greg, he may be older than 86 before reaching parole eligibility. The judge put off formal sentencing to decide if and how to stack the multiple sentences. Stay tuned.

Hopefully, you'll get some significant stacking.

I always believe we are sending a message with serious sentences in these cases, both to the individual crook and to all of those with similar perversions.

If it deters but one future molester (other than the defendant) from offending against a child, then deterrence has accomplished it's goal.

Despite what the molester lobby says.

quote:

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Originally posted by Greg Gilleland:

Bristol Myers, the defense attorney, was quoted in the article cited by JB as follows:

"Defense attorney Bristol Myers had asked the jury for leniency, saying, "There is no permanent physical injury. No violence was used, no sadism. There are a million ways more that could be worse."

---

Perhaps the defense attorney was taking too many pharmaceuticals when he made that statement.

Bristol didn't have much to work with. When the jury heard what they'd heard all week, I would have hated to have been in his shoes. Still, you can believe I rebutted that argument.

Bristol is a pretty nice guy, R.J. I was just giving his "reaching for straws" argument a little razz.