James E Crawford Jr. Attorney Pleas for his client
Monday, September 21st, 2009Crofton rape case to stay in adult court
By E.B. FURGURSON III, Staff Writer
Published 09/15/09
A 17-year-old boy accused of raping a young Crofton girl will stand trial in adult court, Circuit Court Judge Phillip T. Caroom ruled yesterday.
Courtesy photo
David Benjamin Raszewski, 17, is accused of raping a young Crofton girl and will stand trial in adult court.
David Benjamin Raszewski, a junior at South River High School, was charged as an adult with first-degree rape after a March 20 attack on a 7-year-old girl he allegedly lured into his Crofton home.
If convicted in adult court, Raszewski could face life in prison.
The defendant confessed to the crime shortly after the attack. He told police he approached the girl on a playground after her baby-sitter took her brother to the bathroom. After he took her to his home he took her upstairs into his bedroom, where he assaulted her.
The incident occurred three days after his 17th birthday. Because of his age, Raszewski’s attorneys filed a motion to move the case into the juvenile court system.
Psychologists hired by both the defense and prosecution recommended that Raszewski be tried in the juvenile court system, as did a social worker from the state Department of Juvenile Services.
They said the defendant suffers from some form of autism, would be best served by an environment in which he could get intensive counseling and intervention, and would likely respond well to such therapy.
But the defendant’s mental state and his amenability to treatment are only two of the factors to be weighed under Maryland law when considering transfer to juvenile jurisdiction.
Caroom noted that the other three factors - the victim’s age, the nature of the crime and concern for public safety - outweighed the psychologists’ recommendation that Raszewski’s case be handled in juvenile court.
“This is a heinous and a shocking crime,” Caroom said.
He noted that pretrial testing indicated there was a high probability of a repeat offense, although psychologists listed a number of factors that could mitigate those odds.
The decision weighed heavily on Caroom, who said he wished there were some other way to handle the case rather than the choices he faced under the law.
He could have returned the case to juvenile court, where the defendant could get the necessary counseling but would be released at 21. Caroom’s other choice was to have the defendant prosecuted in the adult system, in which, if convicted, Raszewski would be incarcerated and kept from repeating the crime, but would likely have to wait years to get the counseling.
In adult prison, there are 1,700 inmates on a counseling waiting list. In the juvenile system, a residential counseling facility, New Directions, had already agreed to take the defendant.
“The court has to weigh what is in the best interest of the child and society,” Caroom said.
He said ideally there would be a hybrid of the adult and juvenile systems, in which Raszewski could get the treatment available in the juvenile system until he turned 21, followed by probation and mandatory counseling.
But no such choice exists under state law.
“I am not happy about it,” Caroom said before rendering his decision to deny the juvenile motion.
Defense attorney James Crawford, who took nearly 30 minutes to make a case for his client to be tried under juvenile jurisdiction, said there could be an appeal of the judge’s decision.
“I have to talk to his parents, and we’ll see,” he said. That decision will have to be made quickly, as trial is scheduled to start Sept. 29.
Raszewski’s father declined comment on the decision, but the victim’s family was glad to see the case remain in adult court.
“He won’t be around to do any others harm,” the victim’s mother said.
The family hoped their daughter’s horrible trauma will help prevent future crimes of this nature.
“This is about all children,” the victim’s aunt said. “Not just about us or her. Maybe this happened so we can shine a light” and keep this from happening.
September 9, 2009
Prosecutors and defense attorneys argued Tuesday over whether a 17-year-old who police say admitted raping a 7-year-old in his Crofton neighborhood March 20 should be tried as a juvenile or an adult.
The distinction is crucial for David B. Raszewski of the 1700 block of Granite Court, who was charged as an adult with second-degree rape, assault and related charges. If convicted as a juvenile, he could be held for treatment until he turns 21. If convicted as an adult, he could be sentenced to life in prison.
Citing public safety, Anne Arundel County prosecutors want him tried as an adult. Two psychologists and a county social worker have said his best chance to obtain treatment is through juvenile court.
Jennifer Beard of the Department of Juvenile Services told Anne Arundel Circuit Judge Philip T. Caroom on Tuesday that the teen could receive intensive therapy in a locked youth facility on the grounds of the former Hickey School.
“There is certainly a possibility that he may not cooperate with those services,” said Assistant State’s Attorney Sandra Howell.
“I don’t think that is going to happen,” Beard replied.
Last week, two psychologists - one hired by the defense and one court-appointed - said the youth has an unspecified autism disorder and recommended that the case be heard in juvenile court. The teen has received help in school for learning disabilities, said his lawyer, James Crawford Jr.
Caroom is expected to decide next week whether the case will be tried in juvenile or adult court.
The youth initially told Anne Arundel Detective David Wood that he had not gone outside on the afternoon of March 20. Wood said that when he asked the teen what he would think if the 7-year-old said he had assaulted her, he replied that “he would think she had a really good imagination.”
But Wood testified that the teen soon admitted to the attack. As Wood described it, a few of the girl’s relatives left the room.
The girl was at a playground with her brother and their sitter. The sitter took the boy to the bathroom, and the teen told police he asked the girl to help him move furniture. Inside the house, the teen twice prevented the girl from running away and assaulted her, Wood said. “He realized what he was doing was wrong and stopped.” He gave her $2 and let her leave, Wood said.
The detective said the youth told him: “I practically destroyed her for a long time.”
Copyright © 2009, The Baltimore Sun
http://alcoholism.about.com/od/tx_md/Maryland_Treatment_Centers.htm-This site has a good breakdown of several centers
