Tag Archives: consensual sex

Kirstin Blaise Lobato Freed After 15 Years in Prison for Las Vegas Murder Prosecutors Knew She Couldn’t Have Committed

Wrongful Murder Conviction Overturned Kirstin Blaise Lobato

In spite of evidence of her innocence, the Clark County DA’s Office did everything they could to prevent Kirstin Blaise Lobato from being freed after over 15 years in prison for a murder she didn’t commit.

After spending her entire adult life in prison for a murder she didn’t commit, a Las Vegas woman has finally been released. Kristin Blaise Lobato spent over 15 years behind bars in spite of evidence that she was over 150 miles away at the time the killing took place. However, she was finally able to walk out of the Clark County Detention Center a free woman for the first time since she was 18 years old on January 3rd.

Meanwhile, even after a judge had declared her innocent and ordered her release, prosecutors with the Clark County District Attorney’s Office refused to acknowledge the improprieties carried out during her trial(s). In fact, they even briefly had plans to force her to spend another year in the county jail for having been caught having sex with another inmate during the time that she was wrongfully imprisoned.

Fortunately, Judge Elizabeth Gonzalez also dismissed that case, instead ruling that the time she had already spent in prison for a crime she didn’t commit was sufficient punishment for that as well and giving her credit for time served. Judge Gonzalez then ordered that Lobato be released from custody immediately.

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District Attorney Steve Wolfson and Chief Deputy District Attorney Sandra DiGiacomo have attempted to justify their efforts to keep an innocent woman in prison by contending that the fact she was found guilty at trial by two juries means she is. However, the case against Lobato was very much flawed from the start and those verdicts were more a product of what was kept from the juries than the strength of the evidence actually presented to them.

Kirstin Blaise Lobato Released From Prison

There was virtually no physical evidence tying Lobato to the murder of Duran Bailey, a homeless man who was found beaten to death and castrated in a Downtown Las Vegas dumpster in 2001. The only real justification for her to even be a suspect was a story that she told to several people that she had fended off a rape attempt by cutting her attacker’s penis with a knife.

She had told that story weeks prior to the murder, though, and had identified the location where that incident happened as a different area of town. In spite of that, police investigators characterized her description of stabbing a man attempting to sexually assault her in the groin during an interrogation as a confession of Bailey’s murder.

More importantly, Lobato was positively verified to have been at her parents’ house in Panaca, Nevada, nearly 200 miles from Las Vegas on July 8, when Bailey was murdered. Based on that and other inconsistencies in the physical evidence, experts brought in by her defense attorneys testified that it would have been impossible for her to have carried out the murder.

However, that testimony was suppressed by Judge Valorie Vega during the original trial. Meanwhile, the prosecution was allowed to present a expert witnesses that made the ridiculous claim that flies in Las Vegas act completely different than flies anywhere else in the world do.

In addition, the district attorney’s office actively fought to prevent additional DNA testing on the physical evidence recovered at the scene, even after the Innocence Project offered to pay any costs involved. All previous DNA testing had excluded Lobato and, due to the violent method of Bailey’s death, it’s unlikely the person who murdered him could have done so without leaving their own DNA behind (such evidence from an unknown source was in fact found).

Of course, if Lobato was guilty those tests would more than likely definitively prove she was present at the crime scene. So realistically the district attorneys should have had their own incentive to cooperate with the DNA tests.

Regardless of that, Judge Vega ruled against allowing the testing. Shortly after, Vega chose not to run for reelection following an (unrelated) official reprimand against her by the Nevada Commission on Judicial Discipline. In what’s probably not a coincidence, almost exactly three years after Judge Vega left the bench Kristin Blaise Lobato walked out of the front door of the Clark County Detention Center.

Background on the Case and False Convictions

Not Surprisingly, this isn’t the first time Clark County District Attorney Steve Wolfson and his underlings at the DA’s office have gone to great lengths to keep someone who was obviously innocent in prison. Not too long ago, I reported on the case of Demarlo Berry, who was falsely convicted of murder based on testimony from a witness that was coached and paid off by detectives from the LVMPD.

Not only were the prosecutors in the case complicit in manufacturing evidence against Berry, they also delayed his release for four years after that witness recanted his testimony and the real murderer had confessed. Then, once they finally realized that they couldn’t prevent his release, they portrayed it as if they were responsible for freeing him.

In another case, Fred Steese was issued a pardon last month in order to clear his record of a murder he was falsely convicted of and spent twenty-one years in prison for after he was beaten and coerced into confessing. Prosecutors also hid evidence that definitively proved he was in another state at the time and photo lineup results that pointed to his innocence.

Instead of releasing him after he was declared “actually innocent” by a judge, they threatened to refile the charges and drag out the process coercing Steese into accepting a plea deal for second degree murder to ensure he wouldn’t have to stay in prison for years while fighting those new charges.

Numerous other convictions in Clark County have been overturned recently, including several death penalty cases, due to racial discrimination by prosecutors during jury selection. Obviously, for Wolfson and his prosecutors the important issue isn’t guilt or innocence, but rather simply whether they can get a conviction, even if it they know it’s a false conviction.

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Milwaukee Cop in Sylville Smith Shooting Raped Man; Bragged He Could Do Anything “Without Repercussions”

Milwaukee Police Officer Dominique Heaggan-Brown, who sparked riots in the city when he shot Sylville Smith, has been arrested and charged with raping a man. Prior to the sexual assault Heaggan-Brown and the victim had spent the night at a bar drinking heavily and watching the riots. The unidentified victim also stated that he believed he was drugged by Officer Heaggan Brown at the time of the assault.

That night, before they left the bar, “AV1” (as he is referred to in the complaint) said that Heaggan-Brown bragged to him that “he was the boss” and that there were “no limitations” on how he lived and that he could do whatever he wanted “without repercussions.” Shortly after they left the bar the victim said that he couldn’t remember anything until he awoke to Heaggan-Brown raping him.

Officer Heaggan-Brown claimed that the sex was consensual, although he admitted to a sergeant (identified as his “mentor”) he called looking for help covering up the crime that the victim was extremely drunk and “acting funny” at the time. That, of course, means that legally it wasn’t consensual, something that Heaggan-Brown should be well aware of being a police officer.

Beyond that, he is also facing two counts of prostitution for offering two people money for sex on at least three occasions dating back to 2015. In addition, he faces another allegation of sexually assaulting a different man in July and taking nude photos of that man while he was passed out. So, obviously there seems to be quite a long pattern of Heroic behavior by Officer Heaggan-Brown.

Via the Chicago Tribune:

Heaggan-Brown took the victim to a bar late on the night of Aug. 14 where they drank heavily and watched TV as coverage of the protests aired, the criminal complaint said. The victim told investigators that Heaggan-Brown bragged that he was the boss and that there were “no limitations” on how he lived and that he could do whatever he wanted “without repercussions,” the complaint said.

The victim told police the day after the alleged assault that he had trouble remembering everything that happened after they left the bar but that he felt drugged. He said he woke up to Heaggan-Brown sexually assaulting him. His eyes teared up as he recounted the details, the complaint said.

According to the complaint, the man was nearly unconscious when Heaggan-Brown took him to St. Joseph’s Hospital early on Aug. 15. The officer told a security guard who helped him wheel the man inside that the man had had too much to drink and was “completely out, zonked out of his gourd,” the complaint said.

But when nurses began providing aid, it said, “AV1 flipped out.” It quoted him as saying, “Help me, help me, he was touching me.” The terrified man grabbed the security guard’s arm with “a little child death grip.” And after he was secured in a four-point restraint, out of sight from the defendant, he exclaimed: “He raped me, he raped me,” the complaint said.

Later that morning, Heaggan-Brown texted his mentor, Sgt. Joseph Hall, saying he had messed up “big time,” the complaint said.

“Need your help big time. … But need to handle this the most secret and right way possible,” the text read in part. The sergeant told investigators that Heaggan-Brown claimed the sex was consensual but “admitted that AV1 was messed up and acting funny while at the defendant’s residence.”

Using photographs and other data from the officer’s cellphone, the complaint said, investigators determined that Heaggan-Brown offered two other people money for sex several times — in December 2015 and in July and August of this year — and that he sexually assaulted another unconscious person in July, and photographed that victim naked without that person’s consent.

The charges include two felony counts of second-degree sexual assault, two misdemeanor prostitution counts and one felony count of capturing an intimate representation of a person without consent.

Of course, like most Bad Apples that finally do something bad enough to force the Good Cops working with him to impose some repercussions on them, Officer Heaggan-Brown has a history of misconduct that should have caused him to be removed from the barrel long ago. However, it was instead ignored creating that “I’m the boss” who can do anything “without repercussions” attitude that eventually leads to a murder or at the very least unnecessary use of force that is just too big for their “mentor” to help them out big time with.

Part of that troubled history includes his probationary period having to be extended for unspecified reasons when he was first hired. Several people within the community also came forward with stories about overly aggressive behavior by Heaggan-Brown prior to the shooting of Sylville Smith. In fact, Heaggan-Brown is an aspiring “gangsta” rapper, who can be found singing about wanting to “start a riot like it’s Baltimore” on a Youtube video (embedded below) not too long before he did just that.

Lawsuit Claims Las Vegas Police Officer Pulled Down Woman’s Pants, Exposed Himself On Domestic Call

Las Vegas Police Sexual Assault Soloman Coleman

A federal lawsuit alleges a “lewd and disgusting” Las Vegas police officer pulled down a woman’s pants, photographed her, and then exposed himself.

A lawsuit filed in federal court on May 27 alleges a “lewd and disgusting” Las Vegas police officer pulled down a woman’s pants, photographed her, and then exposed himself.

Sasha Boseke says she called the Las Vegas Metropolitan Police Department on June 1, 2013, after a “domestic incident” with her boyfriend, who assaulted her. The boyfriend was arrested.

The lawsuit claims that after a female officer had already taken photos of her injuries, Officer Solomon Coleman waited until all other officers left, and followed Boseke to her bedroom where he told her to pull down her shorts so he could see her bruises.

When Boseke “refused to expose her body,” Coleman “forcefully pulled down [her] shorts and undergarments, and, further, told [her] to lean over her bed, which exposed her nude body” the lawsuit says.

While bent over her bed, nude from the waist down, “Coleman took photographs of [Boseke’s] nude body with a cell phone camera,” without her consent and then “exposed his penis to [her] and made lewd and vile remarks.”

“At no time did [Boseke] consent in any manner to the lewd and disgusting conduct of Coleman, nor did [she] engage in any consensual sexual activity with defendant Coleman,” the lawsuit states.

Boseke says Coleman told her, “he had to leave but that he would return that evening.” When the officer did in fact return, Boseke refused to let him in, and called the police to report him.

An internal police investigation into the incident found that, according to his activity log, Coleman remained at Boseke’s apartment for 36 minutes after all of the other officers had left.

After pictures and other materials showing the covert filming of sex acts were found on Coleman’s phone, he was indicted by a grand jury and charged with two counts of oppression under color of office, two counts of open or gross lewdness, indecent exposure, and capturing an image of the private area of another person – all misdemeanors.

Coleman, who no longer works for the Las Vegas Metropolitan Police Department, is scheduled for criminal trial on June 29.

In the federal lawsuit, Boseke is seeking punitive damages for assault and battery, emotional distress, civil rights violations and negligence.

Las Vegas police have refused to comment on “pending litigation.”

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