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  1. #1
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    NY - Melissa Calhoun, 2, murdered, Yorkville, 19 June 2010

    http://www.cbsnews.com/8301-504083_1...tml?tag=latest

    YORKVILLE, N.Y. (CBS/WTVH) Police charged a Whitesboro, N.Y. teenager with second-degree murder Monday after the 2-year-old girl he was babysitting on Friday was found dead,.

    The 13-year-old boy pleaded not guilty in Floyd Town Court where he was held without bail awaiting a hearing on Friday, said State Police Capt. Mark Lincoln during a news conference.

    According to WTVH, the boy is accused of hitting "family friend" Melissa Calhoun in the face with his hand, causing her to hit her head on the floor and a table. Investigators believe he then slammed Melissa's head into a refrigerator door and proceeded to sexually assault her.
    Last edited by Salem; 06-05-2011 at 01:53 AM.

  2. #2
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    oh. my. god.

  3. #3
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    snip
    If convicted, the boy could serve a maximum of 9 years to life in prison and a minimum penalty of five years in prison.
    snip

    For murdering and sexually assaulting a 2 year old? Who appeared fine when Mom got home? How was she fine I wonder after being sexually assaulted?

    I am so confused.

    OK wait-I get it...of course the baby was in bed when she got home, and then when she got up in the morning the child would not wake up.

    Words fail.
    email me


    Long Lost Love: The Bob Harrod Story Disappeared/ID Network
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    Bob Harrod SAR


    “The first time someone shows you who they are, believe them.”
    ― Maya Angelou

  4. #4
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    The boy must have given a statement to someone. Because otherwise how would they know he hit her in the face and she "hit her head" on the table when she fell....
    email me


    Long Lost Love: The Bob Harrod Story Disappeared/ID Network
    Amazon: Purchase Long Lost Love $1.99


    Bob Harrod SAR


    “The first time someone shows you who they are, believe them.”
    ― Maya Angelou

  5. #5
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    I think i am gonna be sick..

  6. #6
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    The worst part is that he will not be charged with the sexual assault. Only the murder. But he is being charged as an adult.
    R.I.P Jenni-Lyn Watson


    "The test of the morality of a society is what it does for its children." ~Dietrich Bonhoeffer
    "From the deepest desires often come the deadliest hate." ~Socrates

  7. #7
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    Quote Originally Posted by jlmckenna83 View Post
    the worst part is that he will not be charged with the sexual assault. Only the murder. But he is being charged as an adult.

    bbm good!


    Nosy by Nature and a Websleuther by choice

  8. #8
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    awful awful story. So sad.
    "I would have stayed up with you all night, had I known how to save a life."
    Rest in peace, Ethan Stacy and Aja Johnson.

  9. #9
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    im smelling a 13 year old confession without parents or a lawyer here.

    doesnt mean he didnt do it but this might get ugly

  10. #10
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    Quote Originally Posted by JLMcKenna83 View Post
    The worst part is that he will not be charged with the sexual assault. Only the murder. But he is being charged as an adult.
    WHYYY.


    I hate everything I have read about this! wtf was mom thinking leaving a 13yo male "family friend" to babysit til 1 am?


    I am trying hard not to always sling fury at anyone other than the actual perp but come the freak on! I wouldnt leave my 16 year old SON alone with my 3 year old SON long enough to run to the shop at 3pm, let alone til 1 am! what was she doing? grocery shopping? yeah right?


    what state is this again, is it one where commiting a felony (sexual assault) while committing actions leading to a murder leads to capital murder? wtf with second degree murder and drop the sexual charges? WHY? did they think a jury wouldnt try a capital murder against a 13yo?

    and what happened to 13yo to cause this crap, I am pretty sure yon average 13yo male cant get off the video games long enough to consider sexually assaulting A TWO YEAR OLD.


  11. #11
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    I'm not saying ALL thirteen year old boys, but MOST thirteen year old boys aren't mature enough to babysit, especially a two year old. Granted if the baby was also sexually assaulted, this boy has more problems than immaturity.

  12. #12
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    Not sure if this is accurate, but in the comments section on one of the news stories about this, a poster wrote that in New York, 1st deree murder is reserved for someone who kills a police officer. 2nd degree murder in New York, the poster said, is equal the 1st degree murder in other states.
    "When we are born we cry that we are come
    To this great stage of fools."
    Will Shakespeare

  13. #13
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    http://www.uticaod.com/news/x1353756...e-childs-death

    snipped

    Perhaps just as shocking was that Melissa’s death allegedly occurred at the hands of the 13-year-old babysitter, Alec Champagne, an eighth-grader at Whitesboro Middle School who previously had watched Calhoun’s children without incident at their 1202 Ney Ave. home

    snipped

    And at some point, either before, during or after the attack, Champagne sexually assaulted Melissa while her 1½-year-old sibling also was inside the home

    snipped

    Champagne initially was charged with second-degree manslaughter, but the charge was upgraded to a more serious murder charge once autopsy results became available

    Much more info in this article
    Say what you mean, mean what you say, but don't say it mean.
    We are all just trying to make sense of an unimaginable crime.

  14. #14
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    Say what you mean, mean what you say, but don't say it mean.
    We are all just trying to make sense of an unimaginable crime.

  15. #15
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    New York - First-degree Murder
    Title H, Art. 125, Sec. 125-27
    § 125.27 Murder in the first degree

    A person is guilty of murder in the first degree when:
    1. With intent to cause the death of another person, he causes the
    death of such person or of a third person; and
    (a) Either:
    (i) the intended victim was a police officer as defined in subdivision
    34 of section 1.20 of the criminal procedure law who was at the time of
    the killing engaged in the course of performing his official duties, and
    the defendant knew or reasonably should have known that the intended
    victim was a police officer; or
    (ii) the intended victim was a peace officer as defined in paragraph a
    of subdivision twenty-one, subdivision twenty-three, twenty-four or
    sixty-two (employees of the division for youth) of section 2.10 of the
    criminal procedure law who was at the time of the killing engaged in the
    course of performing his official duties, and the defendant knew or
    reasonably should have known that the intended victim was such a
    uniformed court officer, parole officer, probation officer, or employee
    of the division for youth; or
    (iii) the intended victim was an employee of a state correctional
    institution or was an employee of a local correctional facility as
    defined in subdivision two of section forty of the correction law, who
    was at the time of the killing engaged in the course of performing his
    official duties, and the defendant knew or reasonably should have known
    that the intended victim was an employee of a state correctional
    institution or a local correctional facility; or
    (iv) at the time of the commission of the killing, the defendant was
    confined in a state correctional institution or was otherwise in custody
    upon a sentence for the term of his natural life, or upon a sentence
    commuted to one of natural life, or upon a sentence for an indeterminate
    term the minimum of which was at least fifteen years and the maximum of
    which was natural life, or at the time of the commission of the killing,
    the defendant had escaped from such confinement or custody while serving
    such a sentence and had not yet been returned to such confinement or
    custody; or
    (v) the intended victim was a witness to a crime committed on a prior
    occasion and the death was caused for the purpose of preventing the
    intended victim's testimony in any criminal action or proceeding whether
    or not such action or proceeding had been commenced, or the intended
    victim had previously testified in a criminal action or proceeding and
    the killing was committed for the purpose of exacting retribution for
    such prior testimony, or the intended victim was an immediate family
    member of a witness to a crime committed on a prior occasion and the
    killing was committed for the purpose of preventing or influencing the
    testimony of such witness, or the intended victim was an immediate
    family member of a witness who had previously testified in a criminal
    action or proceeding and the killing was committed for the purpose of
    exacting retribution upon such witness for such prior testimony. As used
    in this subparagraph "immediate family member" means a husband, wife,
    father, mother, daughter, son, brother, sister, stepparent, grandparent,
    stepchild or grandchild; or
    (vi) the defendant committed the killing or procured commission of the
    killing pursuant to an agreement with a person other than the intended
    victim to commit the same for the receipt, or in expectation of the
    receipt, of anything of pecuniary value from a party to the agreement or
    from a person other than the intended victim acting at the direction of
    a party to such agreement; or
    (vii) the victim was killed while the defendant was in the course of
    committing or attempting to commit and in furtherance of robbery,

    burglary in the first degree or second degree, kidnapping in the first
    degree, arson in the first degree or second degree, rape in the first
    degree, criminal sexual act in the first degree, sexual abuse in the
    first degree, aggravated sexual abuse in the first degree or escape in
    the first degree, or in the course of and furtherance of immediate
    flight after committing or attempting to commit any such crime or in the
    course of and furtherance of immediate flight after attempting to commit
    the crime of murder in the second degree; provided however, the victim
    is not a participant in one of the aforementioned crimes and, provided
    further that, unless the defendant's criminal liability under this
    subparagraph is based upon the defendant having commanded another person
    to cause the death of the victim or intended victim pursuant to section
    20.00 of this chapter, this subparagraph shall not apply where the
    defendant's criminal liability is based upon the conduct of another
    pursuant to section 20.00 of this chapter; or
    (viii) as part of the same criminal transaction, the defendant, with
    intent to cause serious physical injury to or the death of an additional
    person or persons, causes the death of an additional person or persons;
    provided, however, the victim is not a participant in the criminal
    transaction; or
    (ix) prior to committing the killing, the defendant had been convicted
    of murder as defined in this section or section 125.25 of this article,
    or had been convicted in another jurisdiction of an offense which, if
    committed in this state, would constitute a violation of either of such
    sections; or
    (x) the defendant acted in an especially cruel and wanton manner
    pursuant to a course of conduct intended to inflict and inflicting
    torture upon the victim prior to the victim's death. As used in this
    subparagraph, "torture" means the intentional and depraved infliction of
    extreme physical pain; "depraved" means the defendant relished the
    infliction of extreme physical pain upon the victim evidencing
    debasement or perversion or that the defendant evidenced a sense of
    pleasure in the infliction of extreme physical pain; or
    (xi) the defendant intentionally caused the death of two or more
    additional persons within the state in separate criminal transactions
    within a period of twenty-four months when committed in a similar
    fashion or pursuant to a common scheme or plan; or
    (xii) the intended victim was a judge as defined in subdivision
    twenty-three of section 1.20 of the criminal procedure law and the
    defendant killed such victim because such victim was, at the time of the
    killing, a judge; or
    (xiii) the victim was killed in furtherance of an act of terrorism, as
    defined in paragraph (b) of subdivision one of section 490.05 of this
    chapter; and
    (b) The defendant was more than eighteen years old at the time of the
    commission of the crime.
    2. In any prosecution under subdivision one, it is an affirmative
    defense that:
    (a) The defendant acted under the influence of extreme emotional
    disturbance for which there was a reasonable explanation or excuse, the
    reasonableness of which is to be determined from the viewpoint of a
    person in the defendant's situation under the circumstances as the
    defendant believed them to be. Nothing contained in this paragraph shall
    constitute a defense to a prosecution for, or preclude a conviction of,
    manslaughter in the first degree or any other crime except murder in the
    second degree; or
    (b) The defendant's conduct consisted of causing or aiding, without
    the use of duress or deception, another person to commit suicide.

    Nothing contained in this paragraph shall constitute a defense to a
    prosecution for, or preclude a conviction of, manslaughter in the second
    degree or any other crime except murder in the second degree.
    Murder in the first degree is a class A-I felony.

    http://deathpenalty.procon.org/view....esourceID=1426

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