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New Evidence Leads to Dismissal of Child Sex Abuse Charges

With trial scheduled to begin only nine days later, charges of child sex abuse against Robert Koenig, 63, were dismissed at the prosecution’s request, motivated by the discovery of new evidence following Mr. Koenig’s indictment some six months earlier.

Mr. Koenig faced two counts of gross sexual imposition and one count of rape under that indictment. Those charges stemmed from Koenig’s role as a foster parent, a role he and his wife had shared for five years by the time Mr. Koenig was first charged.

When it learned of the abuse allegations, the official licensing agency, Lucas County Children Services, began the process of removing the Koenigs from the foster care program. The Koenigs, however, withdrew voluntarily before that removal process was completed.

Robert Koenig - Public PhotoMr. Koenig had been a teacher for the Toledo Public Schools from 1975 to 2010, spending most of his career in middle schools. He worked as a substitute teacher in that school system for three years until his retirement in 2013.

According to Frank Spryszak, the assistant county prosecutor who sought the dismissal, his action was driven by the discovery of new evidence “that put us in a position that we no longer felt that we had sufficient evidence to proceed to trial.”

Lorin Zaner, the attorney defending Mr. Koenig, describes himself as a leading child sex abuse lawyer with a particular interest in false abuse allegations. He said that the dismissal came as a great relief to his client. “We had the documentation to show that there’s no way our guy could’ve done what they said,” he said.

At the same time, he called attention to the negative consequences of the allegations for Mr. and Mrs. Koenig, a state of affairs that may be familiar to him as a sex crimes lawyer. “They truly had a desire to help children. To be in a position of being falsely accused because you put yourself out there to help children is a tragedy because these are good people. Their names are drug through the mud. Why do you want to put yourself in that position? It’s terrible.”

Mr. Koenig had pleaded not guilty to the charges, and he had been released on $300,000 bond after appearing before Court of Common Pleas Judge Ruth Ann Franks, the same judge who later heard the prosecution’s request to dismiss all charges.

Mr. Spryszak pointed to the prosecution’s duty to seek justice in explaining his dismissal request. “If we do not feel we have enough evidence to go forward, we can’t force a case to trial if we can’t prove it,” he said.

According to Dean Sparks, Executive Director of Lucas County Children Services, the Koenigs provided foster care for about 10 children while in the program, mostly on a short-term basis. An agency spokesperson, Julie Malkin, said that the agency had performed a full investigation, performing criminal background checks and obtaining personal references, before approving the Koenigs as foster parents. Local police, the state’s Bureau of Criminal Investigation and the FBI are all included in the investigation. In addition, the couple had received 36 hours of formal training in accordance with agency requirements. Caseworkers visited the Koenig home monthly for inspections, and there had been no complaints prior to the allegations that resulted in criminal charges.

When Mr. Koenig was first indicted, Mr. Sparks spoke to the difficulty of achieving certainty when evaluating foster parents. “We’re not going to do psychological tests on everybody,” he said. “People think that’s some magical thing. Psych people can’t predict the future. They can’t read your minds, so that really wouldn’t provide any benefits for us.”

Mr. Zaner thanked Mr. Spryszak for “doing the right thing,” noting that there were inconsistencies in the statements of the alleged victim, a boy under the age of 10, among other problems with the prosecution’s case.

If you or anyone you know has been accused or charges with child molestation or need a sex crimes lawyer, contact the Law Offices of David Michael Cantor immediately.

Bad Service America: Diner for Schmucks

Today’s topic starts with an article in the current issue of GQ and food critic Alan Richman’s latest review. The title and opening illustration give you a hint that this review is not going to be a good one. Alan describes going to M. Wells on a few occasions. the first two were unannounced and simply to eat. By the third visit he had spoken with the owners to get an offsite interview and let them know he had already made plans to dine there in a few days. The food part of the review is pretty fair and would probably tempt a number of people to go for dinner. Then Alan’s story takes a turn for the worse. The service takes an already ho-hum reputation and nose dives into what one of his compatriots describes as “the worst restaurant experience I’ve ever had.”
In the review Alan comments about how the waitstaff was innatentive and careless. This has unfortunately become a bit of the norm in the US dining establishments and the workplace in general. At the third dinner they wait 45 minutes and finally wave down another waitress who seemed less than happy to be taking their order. He leaves and gets an email the next day from the co-owner blaming him for having a bad dining experience and then the fireworks go off: he is accused of sexual assaulting the waitress. Needless to say Alan is pretty shocked and replies back asking to meet his accuser.
The article is really well written and we recommend picking up the latest issue and reading it for yourself.
In David’s video his recaps these events but then goes a little further regarding the poor service and some of Alan’s thoughts on the “Too Cool to Care” attitude. The hipster mentality may be going too far or too ironically for many of Americans to appreciate any longer.
What do you think?

Penalties for DUI, DWI, Extreme DUI in Phoenix, AZ

A DWI or DUI in Phoenix conviction has lifelong consequences. This article will discuss the possible punishments and penalties for DUI, DWI and Extreme DUI in Phoenix. It will discuss the mandatory minimums of jail time as well as fines and other penalties associated with first offense misdemeanor DUI, DWI, Extreme DUI and Super Extreme DUI in Phoenix.

First offense misdemeanor:
Regular DWI or DUI in Phoenix – The penalties for a first conviction of non-extreme DWI or DUI in Phoenix are: a mandatory minimum of 10 days in jail – 9 days can be suspended only upon completion of mandatory attendance at alcohol screening (approximately $200); any recommended classes (approximately $400); and a minimum fine and surcharge of approximately $2100.00. The maximum can be six (6) months’ jail. In addition, the Court now must order one year of a mandatory breath test interlock device being attached to your steering wheel, which requires you to blow into the device every time you start your car. In addition, you must then continue to blow into the device every 15 minutes to keep your car’s ignition on! Lastly, if the court chooses, they can order “more than twelve months” of an interlock device in severe cases. For more information on first offense DUI in Arizona, click here.

Extreme DUI in Phoenix.15% and above BAC; first offense mandatory minimum 30 days jail and no days can be suspended; this means you must serve all 30 days in jail – day for day; a $2500.00 fine and alcohol classes double; one year of a mandatory breath test interlock device being attached to your steering wheel after all suspensions are completed (at a cost of $1500). Once you start your car, you must then continue to blow into the device every 15 minutes to keep your car’s ignition on! Lastly, a judge may order a person convicted of Extreme DUI in Phoenix not to consume alcohol for a period of thirty days or more by requiring them to wear a continuous alcohol monitoring device on their ankle, or blowing twice daily into a telephonic breath testing device. The court, in its discretion, may also extend this period of continuous alcohol monitoring.

Super Extreme DUI in Phoenix.20% and above BAC; first offense mandatory minimum 45 days in jail and no days can be suspended. This means you must serve all 45 days in jail-day-for-day!; a $2500.00 fine and alcohol classes (presumably at least 36); 18 months of mandatory breath test interlock device being attached to your steering wheel after all suspensions are completed (at a cost of over $2000.00). Once you start the car with the device, you must then continue to blow into the device every 15 minutes in order to keep your car’s ignition on! Lastly, the judge can order you to not consume alcohol for a period of ninety days or more and require you to wear a continuous alcohol monitoring device on your ankle, or blow into a telephonic breath testing device twice a day.

There are harsh penalties associated with DUI, DWI and Extreme DUI in Phoenix charges. However, there are many defenses to DUI, DWI and Extreme DUI in Phoenix charges and depending on the facts surrounding the individual case – Dismissal or Acquittal is possible. Click the following link to view a sampling of our DUI case victories.

If you would like to speak with a DUI Lawyer about a case in Arizona, please give our offices a call at (602) 0307-0808 to schedule a free consultation.

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