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  1. #1
    Join Date
    Jul 2009
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    10,557

    VA - Robert Moller for sex abuse of 11yo girl, Virginia Beach, 2008

    Let this be a lesson for those in Virginia Beach considering sexually abusing a child. There's a judge there that is not fooling around. Thank goodness this child told. I wonder if there's still legions of friends and acquaintances saying Moller's a great guy?


    http://www.wavy.com/dpp/news/crime/m...on-sex-charges

    Man to sentenced to life on sex charges


    "A 51-year-old Virginia Beach man was sentenced to life, plus 70 years for sexual offenses against an 11-year-old girl.

    "....Robert Victor Moller, previously residing in the 1400 block of Alanton Drive was formally sentenced Monday on one count each of Aggravated Sexual Battery, Indecent Liberties, Attempted Rape, Animate Object Sexual Penetration, and Oral Sodomy by Force. In addition to serving life, plus 70 years, the judge ordered Moller to pay $100,000 in court costs...."

    more at link

  2. #2
    Join Date
    Jun 2007
    Location
    CITY OF BROTHERLY SHOVE
    Posts
    17,500
    That Rebecca Nail better watch herself.

    Good.

    Good.

  3. #3
    Join Date
    Sep 2008
    Posts
    3,978
    good. I hope to see this type of thing 100% of the time.

  4. #4
    Join Date
    Mar 2006
    Posts
    4,708
    Was he sentenced by a judge or a jury? If it was a judge, he or she deserves some public recognition. We need to encourage and commend judges who have the good sense to put such perverts away forever!

  5. #5
    Join Date
    Feb 2005
    Location
    North Carolina
    Posts
    3,645
    So glad this filth got some heavy prison time and will no longer be free to harm children. Now if other judges could just get on the same page and get this trash off the streets we would be good to go.
    Happy New Years

  6. #6
    Join Date
    Jul 2009
    Posts
    10,557
    In the article I linked to in the first post, there's only mention of "the judge", and no name of the judge. Here's an article with a photo of Moller:

    http://www.wvec.com/home/Man-sentenc...105187214.html

    Here we go:

    http://www.vbgov.com/vgn.aspx?vgnext...640aRCRD&ct=ne

    "....Judge O’Brien followed the jury’s recommended sentence that Moller be imprisoned for life plus an additional 70 years in the Virginia Department of Corrections, as well as a fine of $100,000 and court costs...."

    more at link


    http://hamptonroads.com/2010/10/virg...molesting-girl


    "....A jury convicted Moller in March. "They made a statement," [Associate Commonwealth's Attorney Paul J.] Powers said. "It's a huge sentence for a case like this."

    Only a handful of people sentenced for the same crimes in South Hampton Roads circuit courts during 2008 and 2009 were ordered to serve 20 years or longer in prison, according to a database of court cases. None received more than 50 years.

    Moller's attorney, James Broccoletti, called the sentence "arbitrary and capricious" and asked the judge to alter it...."

    more at link


    So, we have Judge William O'Brien to thank. My heart goes out to this child and her family, though, as the fight has just begun. Appeals, Supreme Court rulings, Post Conviction Relief trial and on and on and on........

  7. #7
    Join Date
    Jul 2009
    Posts
    10,557
    Another case where Judge O'Brien stepped outside the suggested sentence guidelines and increased a sentence. This is a horrid case with a wide margin for error IMO, but indicative of this Judge's stance on crimes against children:

    http://hamptonroads.com/2010/04/uncl...h-beach-infant


    And another, from 2009, where Judge O'Brien sentenced an armed robber to 81 years but for some reason suspended all but 15 of those years. I'm assuming if there is an arrest while on parole, the man would be required to serve out the original sentence:

    http://www.harveybryant.com/press-re...ears-to-serve/


    And another from last month where a home invasion robber got 83 years. His co-defendents got heavy sentences but also received some suspensions. I'm starting to think that Judge O'Brien takes a close and careful look at the men and women brought before him. He seems to attempt to really tailor fit the sentences. I would NOT want to tick this man off.

    http://hamptonroads.com/2010/09/man-...-beach-robbery
    Last edited by Missizzy; 10-19-2010 at 01:55 PM.

  8. #8
    Join Date
    Nov 2009
    Posts
    529
    "Animate object"????????? If that refers to anything other than a human body part I don't want to know! Sick sick sick b@$tard!

    This sentence seems about right. I like how his lawyer said it was excessive and asked for it to be reduced, and the good Judge said "I see no reason to." Neither do I!

  9. #9
    Join Date
    Jul 2009
    Posts
    10,557
    Animate does mean "live" but I don't see any further definition of the phrase either specific to VA or pertaining to sexual abuse. I'm assuming it would be a body part but I don't know if it would have to be a human body part. Note the part which is bolded by me.

    From the Virginia code:

    1. Code  18.2-67.2 provides in part:A.  An accused shall be guilty of inanimate or animate object sexual penetration if he or she penetrates the labia majora or anus of a complaining witness who is not his or her spouse with any object, other than for a bona fide medical purpose, or causes such complaining witness to so penetrate his or her own body with an object or causes a complaining witness, whether or not his or her spouse, to engage in such acts with any other person or to penetrate, or to be penetrated by, an animal, and1.  The complaining witness is less than thirteen years of age, or2.  The act is accomplished against the will of the complaining witness, by force, threat or intimidation of or against the complaining witness or another person, or through the use of the complaining witness's mental incapacity or physical helplessness.

    2.  Both statutes describe the offenses as acts “accomplished against the will of the complaining witness by force, threat or intimidation of or against the complaining witness.”

    3.  The animate object sexual penetration statute is located in article 7, the criminal sexual assault portion of Title 18.2, along with the rape statute and others using identical language.   See Code  18.2-67.3 (aggravated sexual battery), 18.2-67.4 (sexual battery).


    More info here:

    http://law.onecle.com/virginia/crime...rally/ch4.html



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