Tag: child abuse

Gretna man who claimed false confession convicted of forcibly raping teenage girl

A Gretna man who testified during his trial that the “high-grade marijuana” he smoked moments before meeting with a detective was among the reasons he falsely confessed to raping a teenage girl was convicted on Friday (May 27) of sexually abusing the victim.

Omar Duplessis, 31, faces five years to 40 years in prison for his conviction of forcible rape. He was found guilty of raping the teen beginning when she was 13 and ending the on day before Thanksgiving in 2014, when she was 16. The victim, now 17, testified that Duplessis used force when he raped her numerous times.

Judge Henry Sullivan of the 24th Judicial District Court rendered the verdict, because Duplessis waived a trial by jury. “The court finds the State of Louisiana has carried its burden,” Judge Sullivan said in announcing the verdict immediately following closing arguments. “The court finds Omar Duplessis guilty as charged of forcible rape.”

Duplessis, who had awaited trial while free on a $100,000 bond, was remanded to the parish jail until his sentencing hearing on June 16.

The girl’s mother, whose name is being withheld to protect the victim’s identity, pleaded guilty on Feb. 25 to failure to report the commission of certain felonies, meaning the rape. She received two years of active probation, because she did not disclose to authorities that Duplessis sexually abused her daughter. She and her mother – the victim’s grandmother – testified for the defense.

The victim twice told her mother about the abuse, but the mother did nothing, according to testimony. The victim then disclosed the abuse to her uncle on Dec. 2, 2014, the uncle testified. Police were notified, and Duplessis was arrested the same day.

Duplessis initially denied the charge, telling Gretna Police Department Detective Jerry Broome that the girl falsely accused him of rape out of resentment. However, in subsequent interviews that were videotaped, Duplessis confessed to Broome that he had had sex with the girl.

In his second statement, he told the detective that he was “drunk and stoned,” and watching television in his bed when the girl got into bed with him, disrobed and “kind of” had sex. He said he told the girl to stop and leave. He said it was the only time it happened, and he denied the girl’s accusations that they’d had sex before.

He opened his third recorded statement saying, “I’m hurting, and my life is over,” he told the detective. “This hasn’t been the first time,” he confessed. “At least four times, maybe five, maybe, like once every – I don’t know.”

Duplessis testified on Friday that he was at his job as a longshoreman on New Orleans’ riverfront when he learned of the accusations against him. He said he did not immediately go to police but used marijuana beforehand to help him relax.

“I smoked a blunt of some high-grade marijuana,” he testified under cross-examination. He blamed the marijuana, long work hours during the days preceding the police interview and Broome for what he asserted was a false confession.

The victim disclosed the rapes at the Jefferson Children’s Advocacy Center and to Dr. Jamie Jackson, an expert in child sexual abuse pediatrics at the Audrey Hepburn Children at Risk Evaluation (CARE) Center at Children’s Hospital. “She actually talked about trying to fight, about being pinned down,” Jackson testified.

The victim testified she was 13 when the first rape happened, after school and when she was home alone with Duplessis. The rape happened frequently, she said. “Sometimes it happened at night. Sometimes it happened during the day,” she testified.

Assistant District Attorneys Rhonda Goode-Douglas and Marko Marjanovic prosecuted the case.

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Child sexual predator convicted of failing to register as sex offender

An admitted child sexual predator who molested a prepubescent girl in the 1980s and later wrote journal entries in prison detailing how to kidnap, rape and murder children has been convicted a second time of failing to register as a sex offender.

Tommy Mouton, 62, a former Bridge City resident, faces five years to 20 years in prison. The Jefferson Parish jury that was seated on Tuesday deliberated approximately 15 minutes in the evening before finding Mouton guilty as charged. Judge Donnie Rowan of the 24th Judicial District Court is scheduled to hand down the punishment on June 20.

Mouton failed to alert the Jefferson Parish Sheriff’s Office or any other law enforcement agency of his residency after he was released from prison last year for his first conviction of failing to register as a sex offender.

Mouton finished that five-year sentence on Feb. 12, 2015, and informed the state Department of Corrections that he planned reside in the 200 block of 8th Street in Bridge City. A warrant was issued for his arrest after he failed to register again.

Fifteen days after he was released from prison, police found Mouton in New Orleans, with unused condoms and a bottle of lubricant in his pockets, authorities have said. As a result of his absconding, prosecutors succeeded last year in persuading a 24th Judicial District Court commissioner to order that Mouton be held in jail without bond until his trial.

Mouton pleaded guilty in state court in Jefferson Parish in 1990 to sexual battery, aggravated oral sexual battery and indecent behavior with a juvenile. He admitted he molested a girl over a 21-month period beginning in 1986, when she was six years old.

While serving his 10-year sentence for that crime, corrections officers found in his cell his journal with entries detailing child abuse and drawings of young girls being sexually tortured. Those images led to his conviction in Claiborne Parish to possession of child pornography.

He was released from prison in 2008, but he later failed to register as a sex offender. A Jefferson Parish jury convicted him of that crime in 2010, and Judge Rowan, who presided over that case, too, sentenced him to five years in prison.

Before his release, he was evaluated by a state Sex Offender Assessment Panel, or SOAP, which seeks to determine whether certain inmates pose danger to society.

Mouton shortcut the process by admitting he is a child sexual predator. As such, he was ordered to wear a GPS monitor and register as a sex offender for the rest of his life. He was required by law to register as a sex offender within three business days after his release from prison.

He failed to do so, and 15 days after he walked out of prison, members of a U.S. Marshals Service fugitive task force found him on a sidewalk near the 1800 block of Gravier Street in New Orleans, according to testimony.

Mouton, a U.S. Army veteran, was in downtown New Orleans because of an appointment with nearby the U.S. Veterans Administration hospital, according to testimony. He asserted that when released from Dixon Correctional Institute in Jackson, La., he rode a bus to New Orleans, where he was homeless and had little money.

Assistant District Attorneys Matt Clauss and Andrew DeCoste prosecuted the case.

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Metairie man faces 25 to 99 years in prison for sexual battery of 7-year-old girl

A former Metairie resident faces 25 years to 99 years in prison, for his conviction Tuesday night (May 17) of fondling a child.

Alejandro Bravo, 45, was convicted as charged of sexual battery of a juvenile under age 13, in connection with at least three instances of touching that happened over a period of time ending in March 2013, when the girl was 7 years old. Bravo was acquainted with the child through her step-grandmother.

The Jefferson Parish jury deliberated about three hours before delivering its verdict at 8 p.m. Judge Lee Faulkner of the 24th Judicial District Court is scheduled to sentence Bravo on May 26.

According to trial testimony, the girl was visiting the step-grandmother at her Severn Avenue home on March 9, 2013, when the last incident occurred. The child, now 10, testified Tuesday that he touched her inappropriately after she sat on Bravo’s lap to watch a video on a computer.

The step-grandmother testified she heard the child tell Bravo to stop touching her and then questioned the child apart from Bravo. The child disclosed that the man had touched her genitals, the woman testified.

The step-grandmother called her own mother before she told the child’s parents, who in turn notified the Jefferson Parish Sheriff’s Office. Still, the step-grandmother testified that she did not believe the child.

The child testified she recalled three instances of Bravo touching and hurting her. She learned that Bravo’s behavior was wrong only “when the police came to my house,” she testified.

Sgt. Terri Danna, a Sheriff’s Office juvenile crimes detective who has investigated hundreds of child sex abuse cases, testified she got involved in the investigation on March 11, 2013, two days after the child disclosed Bravo’s touching.

Danna testified the child disclosed the abuse to her, too. The detective obtained an arrest warrant more than two weeks later, after the victim disclosed the abuse to a forensic interviewer at the Jefferson Children’ Advocacy Center.

The child also disclosed the crimes to a child abuse physician at the Audrey Hepburn Children at Risk Evaluation (CARE) Center at Children’s Hospital in New Orleans, according to trial testimony.

By that point, Bravo had vanished, Danna testified. “I had to suspend the investigation pending his apprehension,” she testified.

Bravo remained at large until May 2015, when he was located in Minnesota and extradited to Jefferson Parish, Danna testified. Danna said that during her interview with the suspect, the only statement he volunteered was that his coworkers in Minnesota used cocaine.

Bravo testified Tuesday, telling jurors the child “obviously” was lying.

Assistant District Attorneys Lindsay Truhe and Michael Smith prosecuted the case.

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Judge orders lifetime of monitoring for ‘dangerous child predator’

A Jefferson Parish judge on Friday (May 6) determined that a former Metairie resident with four convictions of possession of child pornography, who authored letters expressing his desire to sexually abuse children, is a dangerous child predator and must submit to lifelong restrictions once he’s released from prison.

Jonathan Ruiz, 34, must wear a GPS monitor on his ankle, register as a sex offender and remain under state supervision for the rest of his life, 24th Judicial District Court Judge Nancy Miller ruled after hearing testimony and reviewing a Sex Offender Assessment Panel packet of information about the man that a prosecutor presented in court.

“The court does find the content of that package extremely disturbing and clearly indicates, in this court’s mind, that Mr. Ruiz will upon release from (the Department of Corrections) in some fashion offend again,” Judge Miller said.

She based the decision on evidence presented by the Jefferson Parish District Attorney’s Office through a Sex Offender Assessment Panel. Called SOAP, the Louisiana Legislature in 2009 created the three-person panels under the state Department of Corrections and Public Safety, to determine whether inmates convicted of certain sex offenses are dangerous child predators or sexually violent predators.

Prosecutors present the panels’ findings, testimony and other evidence to judges to determine whether restrictions should be instituted before the inmates are released from prison and into the population.

Dr. Matthew Gamble, a psychiatrist appointed to evaluate Ruiz as part of the SOAP process, testified he found the letters Ruiz wrote in prison containing graphic sexual descriptions involving young children, to be “extremely worrisome.” He said Ruiz is one of only two out of hundreds of inmates he’s assessed who need the tightest lifetime restrictions.

While he was confined to the Rayburn Correctional Center in Angie from 2006 through last year, Ruiz wrote letters asserting he had sexually abused children, whom he called “toys,” and desired to do so again when released from prison, according to evidence presented in court.

Corrections officers began screening his non-legal letters after finding pictures Ruiz drew of children in sexual poses, some of which he hid in his legal documents, according to testimony.

He tore photographs of children’s faces from magazines and used them with the bodies in his drawings, leading corrections officers to ban him from magazines that contained photos of children, according to testimony. His letters also included detailed drawings of a compound that he intended to build in a remote location where he could abuse children secretly, according to the evidence.

“Sexual impulse control has continued to be a problem, even in the penitentiary setting,” Gamble testified. He said he has “a high degree of concern” that Ruiz would re-offend after he’s released from prison.

Through an attorney, Ruiz denied the accusations. The letters were written as “fiction,” and there was no evidence that Ruiz has ever sexually abused a human being, his attorney said.

In addition to theft-related offenses, Ruiz was convicted of three counts of possession of child pornography in Jefferson Parish and one conviction attempted possession of child pornography in Livingston Parish.

Ruiz’s most recent conviction in Jefferson Parish was 2006, when he received a nine-year prison sentence for three counts of possession of child pornography. At the time, Ruiz lived in the 200 block of Radiance Street in Metairie, where his parole agents and Jefferson Parish Sheriff’s Office deputies performing a residence check found sexually explicit photographs of children in addition to stolen property, according to the arrest report.

After he was released from prison for those convictions, he moved to New Orleans and failed to register as a sex offender, leading to his April 13 guilty plea in Orleans Parish Criminal District Court. He was sentenced to two years in prison, and when he’s released, he’ll have to comply with the conditions that Judge Miller set on Friday in deciding he is a dangerous child predator.

In addition to a lifetime of GPS monitoring and sex offender registration, Ruiz must regularly report to parole agents and submit to random, unannounced residential inspections. All of his electronic communications and internet use will be monitored as well.

Judge Miller found that the state, which carries the burden of proof in SOAP proceedings, proved “by clear and convincing evidence” that Ruiz is a child sexual predator. She found that child pornography is a sexual offense against children, and that Ruiz has a mental abnormality, which is another element of the SOAP law.

Assistant District Attorney Matt Clauss prosecuted the matter.

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Metairie man sentenced to 50 years in prison for molesting 5-year-old girl

A 63-year-old Metairie man was sentenced to 50 years in prison on Thursday (April 21), for molesting a 5-year-old girl who lived near his apartment building.

Mario Chavez was convicted as charged last week of sexual battery involving a victim under age 13. A Honduran immigrant who needed an interpreter to understand court proceedings, he lured the child into the bedroom of his Rye Street apartment on June 20, 2014.

The crime carries a punishment of 25 years to 99 years in prison. Judge Adrian Adams of the 24th Judicial District Court, who presided over the case, denied a defense request for a new trial and ordered that at least 25 years of the that sentence be served without probation, parole or suspended sentence.

Additionally, Chavez will have to register as a sex offender for the rest of his life if he is ever released from prison.

After molesting the child, Chavez told her to say nothing. However, she went home and told her mother, triggering an investigation that led to Chavez’s arrest that day. DNA evidence obtained from a partial public hair and skin cells confirmed the child’s accusations, according to trial testimony.

The child told authorities she knew Chavez as “Mario,” from seeing him outside her apartment while she playing, according to evidence presented during the trial.

The victim and her family did not attend Thursday’s sentencing hearing to offer impact testimony.

Assistant District Attorneys Rachel Africk and Angad Ghai prosecuted the case.

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Metairie man faces 25 to 99 years for conviction of sexually abusing 5-year-old girl

A 63-year-old Metairie man was convicted as charged on Thursday (April 14) of the sexual battery of a 5-year-old girl who lived near her family’s apartment.

Mario Chavez faces at least 25 years in prison for bringing the child into his Rye Street apartment where he committed the crime on June 20, 2014. Chavez, a Honduran immigrant who needed an interpreter to understand the testimony, was linked to the crime through DNA evidence and witness testimony.

The jury deliberated about 38 minutes in convicting Chavez as charged of sexual battery involving a child under age 13, which has a sentencing range of 25 years to 99 years in prison. Judge Adrian Adams of the 24th Judicial District Court will hand down Chavez’s punishment on April 21.

The child, then a pre-kindergarten student, was familiar with Chavez from seeing the man she called “Mario” while playing with another girl at the apartment building, she told Erika Dupépé, executive director of the Jefferson Children’s Advocacy Center. Jurors were shown a video recording of the forensic interview Dupépé conducted with the child in 2014.

The child told Dupépé that Chavez brought her into a bathroom and then to a bedroom, where the abuse happened. “And then I kept on telling him to stop.  And he didn’t listen,” the child told Dupépé.

“He told me not to tell anyone, but I told my mom,” she said.

The child then ran home to her mother, falling down on the way. When her mother lifted the child’s dress to search for injuries, she noted that both the girl’s legs were in one leg opening of her panties, according to the Jefferson Parish Sheriff’s Office.

The child’s mother testified on Wednesday that after finding her daughter in disarray, she went to confront her neighbor. “I told him the little girl accused him of touching her,” the mother, also a native of Honduras, testified through an interpreter.  “He said, ‘No.’ I said, ‘But the little girl said it was you.’”

She testified that when Chavez went to touch her daughter’s head during the confrontation, the child retreated nervously. “She backed up scared behind me,” the mother testified.  “So her reaction, I didn’t like it.”

The child’s older sister testified she was in their apartment when she noticed the child crying. She eventually learned of the abuse allegation against Chavez.  “We asked (her) if he’s the right guy,” the sister testified, speaking of Chavez.  “She was pointing him out, saying that’s him.”

Sheriff’s Office detective Sgt. Terri Danna, then of the Personal Violence Unit, testified that the girl made “a disclosure” as to what occurred and “pointed to the upstairs bedroom” in saying where the abuse happened.

“She was very descriptive of what was in that bedroom,” Danna testified. The victim was able to accurately describe the striped sheets and a pillow on the bed, another bed on the floor, the TV on a nightstand, a calendar on the wall, and a crucifix next to the calendar.

The mother also found a piece of a pubic hair in the child’s panties, which she kept in a plastic sandwich bag as evidence for police, the mother testified.

Because the piece of hair did not include the follicle, which is more conducive to DNA testing, authorities sent the evidence to a lab in Virginia, Bode Cellmark Forensics, for mitochondrial testing.

Adrienne Broges, of Bode Cellmark Forensics, was qualified to testify as an expert in mitochondrial DNA analysis. She told jurors that Chavez could not be excluded as the contributor. However, she testified that based upon her calculations, less than one percent – specifically 0.691 percent – of the population would have the same DNA profile.

Chavez, who denied the accusation, was arrested and had been held awaiting trial in the Jefferson Parish Correctional Center in Gretna, in lieu of a $250,000 bond.

Assistant District Attorneys Rachel Africk and Angad Ghai prosecuted the case.

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Metairie man pleads guilty to possession of child pornography

A Metairie man averted his trial for possession of child pornography involving children under age 13 on Monday (April 4), by pleading guilty as charged in exchange for a five-year prison sentence.

William Shiell, 49, also will have to register as a sex offender for 25 years beginning with his release from prison, Judge Ellen Shirer Kovach of the 24th Judicial District Court ordered in accepting the guilty plea.

Shiell had been free from jail since posting a $15,000 bond on the day after his May 24, 2012 arrest by the Jefferson Parish Sheriff’s Office. The judge allowed Shiell to huddle with his tearful family in the courtroom before he was fingerprinted and taken away in handcuffs to begin his prison sentence.

Sheriff’s Office Detective Nick Vega, working with the Internet Crimes Against Children Task Force, was investigating an online peer-to-peer sharing website where child pornography is known to be shared, authorities said. The detective tracked illegal activities to Shiell’s home computer, where he found videos and images of prepubescent boys and girls engaged in sexual acts.

Shiell was scheduled to stand trial this week when he opted to plead guilty in exchange for the least amount of prison time the law allows for the crime. At the time of his arrest, possession of child pornography involving children under age 13 carried a punishment of five years to 20 years in prison.

Just months later, in August 2012, Louisiana doubled its punishment for possession of child pornography involving children under age 13 to 10 years to 40 years in prison.

The Internet Crimes Against Children program is funded by the U.S. Justice Department and involves local, state and federal law enforcement agencies working in 61 task forces nationwide that root out child predators on the Internet.

Assistant District Attorney Douglas Rushton prosecuted the case.

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Matthew Flugence pleads guilty to first-degree murder of Ahlittia North

Matthew Flugence, the Marrero man accused of killing 6-year-old Ahlittia North before discarding her body in a residential trash can that he rolled to a Harvey curb two years ago, pleaded guilty as charged to first-degree murder on Thursday (March 24), accepting a life sentence in prison in a plea deal that removed the possibility he one day could die by lethal injection.

Flugence, 22, had been charged with first-degree murder, and the Jefferson Parish District Attorney’s Office planned to seek the death penalty. His guilty plea, which removes the death penalty, was negotiated with his public defenders, leading to Thursday’s unscheduled hearing before 24th Judicial District Court Judge Adrian Adams.

“There will always be an Ahlittia-size hole in my heart, in my life,” her mother Lisa North testified during the plea hearing.

The North family agreed to the plea arrangement and was thankful for it, District Attorney Paul Connick Jr. said.

“This outcome gives peace to the Ahilittia’s family, who have been spared the painful experience of reliving the horrible events during the trial,” Connick Jr. said. “Justice has been served.”

Capital cases mandate a high level of scrutiny at the appellate level, meaning the review at higher courts can last for years. This plea ends it. As part of his plea, Flugence agreed to waive his appeal rights and spend the rest of his life in prison with no chance of probation, parole or suspended sentence.

Flugence admitted he abducted North from her mother’s apartment in the 2900 block of Destrehan Avenue in Harvey’s Woodmere subdivision on July 13, 2013.

Her disappearance set off a massive search by the Jefferson Parish Sheriff’s Office, the FBI and other agencies that ended three days later, when the child’s body was found wrapped in plastic bags and a blanket. Her remains were discarded in a residential garbage can left along Destrehan Avenue near where her mother lived, “to be picked up as though she was not a human being,” Lisa North testified.

“She died terrified and alone at the hands of an evil monster,” Lisa North testified.

North, who would have turned 9 on March 3, was stabbed twice in the neck and twice in the abdomen.

Flugence, whose uncle was North’s stepfather, emerged as the suspect and was arrested three days after she disappeared. Police found him walking alone on Victory Drive in Westwego. He was carrying a knife, police said at the time.

He confessed, asserting that the child initiated sexual contact behind an apartment building on Destrehan Avenue, according to the Jefferson Parish Sheriff’s Office. After the encounter he alleged happened, he told police, he snapped, stabbed her and watched her die.

Lisa North said Flugence “showed no grace or mercy” throughout the ordeal, including his baseless accusations of what he alleged her daughter did. “But far worse than that, he shows no remorse,” she testified.

In connection with the plea arrangement, the District Attorney’s Office also dismissed charges of aggravated rape, unauthorized entry of an inhabited dwelling, two counts of battery on a corrections officer and resisting arrest by force or violence. The rape charge did not involve Ahlittia.

Flugence’s brother, Russell Flugence, 24, of Marrero, pleaded guilty to a charge of failure to report a certain felony in 2014 and was sentenced to one year in prison. He admitted his brother told him he killed North, but he didn’t report it to police.

Assistant District Attorneys Sunny Funk and Doug Freese prosecuted the cases.

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Kenner gymnastics coach sentenced to 25 years in prison for child pornography and video voyeurism

A gymnastics coach at Kenner and Metairie businesses who secretly made videos of a 9-year-old girl changing clothing and later was found to have child pornography in his Kenner home has been sentenced to 25 years in prison.

Brian Townsend, 43, of Kenner, pleaded guilty on Tuesday (March 22), to 10 counts of possession of child pornography and 11 counts of video voyeurism. In addition to prison time, whenever released from custody, Townsend will have register as a sex offender and remain under supervision for the rest of his life.

The Kenner Police Department opened an investigation in July after learning from the Louisiana State Police that Townsend was sharing and downloading child pornography on the internet using peer-to-peer file sharing software, according to the arrest report.

Kenner and State Police, working with agents of the FBI New Orleans Division’s Violent Crimes Against Children/Human Trafficking Task Force, were able to remotely view videos of prepubescent girls engaging in sexual activity that were on Townsend’s computer. Task force members traced the computer to Townsend’s home on California Avenue in Kenner.

The police searched his home on Oct. 29, when Townsend disclosed he coached children’s gymnastics for about 30 years, according to the arrest report. Among the items police found were 13 videos of a 9-year-old girl whom he secretly recorded with the video camera on his cellular device, which he hid in a room where he sent the child to change her clothing, according to the report.

The Jefferson Parish District Attorney’s Office filed a bill of information in court on Jan. 1, charging Townsend with 10 counts of possession of child pornography and 11 counts of video voyeurism. The crimes happened between 2010 and 2015, according to the bill of information.

Judge Stephen Enright of the 24th Judicial District Court, who accepted the plea arrangement, sentenced Townsend to 25 years for each of the child pornography counts and 10 years for each of the video voyeurism counts.  He ran the sentences concurrently.

Assistant District Attorney Angad Ghai prosecuted the case.

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Metairie man sentenced to life plus 57 years in prison for raping young girl

A Metairie man convicted of sexually abusing a girl over a 4-year period beginning when she was 8 years old was sentenced on Wednesday (March 23) to life in prison plus 57 years.

Simon Shokr, 44, was convicted as charged by a Jefferson Parish jury on March 4 of aggravated rape, sexual battery of a victim under age 13 and indecent behavior with a juvenile in connection with the abuse that began in 2008.

Shokr told the girl to say nothing, and she complied until she reached high school, when she told classmates who in turn alerted a teacher and led to an investigation and his arrest by the Jefferson Parish Sheriff’s Office.

The victim, now age 16, recounted in impact testimony on Wednesday of how she resorted to cutting herself to “focus on the pain of my wounds instead of the pain I felt inside” she felt because of the sexual abuse. She said she attempted suicide five times and was hospitalized as a result.

“Today I stand before you to say I am no longer a victim. I am a survivor,” she testified.

The victim’s mother called Shokr “a monster” and hoped he would be “haunted” by his behavior while serving his sentence at the Louisiana State Penitentiary at Angola. “You’re an evil sexual predator who preyed on innocent girls,” she told him.  “May you never find peace in your dark soul.”

Shokr, one of 10 inmates in the packed courtroom, said nothing during the sentencing hearing. During his trial, he said he was a businessman who immigrated to the United States from Beirut, Lebanon in 1989.  He denied the rape accusations and said the girl fabricated the accusations because of upheaval in her family.

Judge Stephen Grefer of the 24th Judicial District Court handed down the mandatory life sentence for aggravated rape in Louisiana.  Judge Grefer then sentenced him to 50 years in prison for the sexual battery and seven years in prison for the indecent behavior. Judge Grefer ran the sentences consecutively.

Assistant District Attorneys Rachel Africk and Lynn Schiffman prosecuted the case.

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