James E Crawford Jr. Attorney Pleas for his client
Crofton 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.
October 15th, 2009 at 2:45 pm
Are you a professional journalist? You write very well.
October 20th, 2009 at 10:17 am
Very interesting and amusing subject. I read with great pleasure.