ARUBA - Robyn Gardner, 35, Maryland woman missing in Aruba, 2 Aug 2011 - # 2

[Dushi]

I thought the 16 was in reply to his Where are you baby question but a poster pointed out that he asked that after she sent the 16

 

[AbbieNormal]

By the way does anyone know what it means to be "digitally choked?"

Dunno if anyone else answered this as I am reading the thread and posting as I go along...but "digitally choked" refers to being choked by someone using their hands only (as opposed to a cord or other choking device being used) Digits are fingers, remember.

sorry if this is posted downthread. MOO

abbie

 

[belimom]

In Thread #1, we were discussing possible interpretations of the text message she supposedly sent: "the 16"

(wasn't this is response to her boyfriend's question: Where r u baby?)

Someone said that it was pretty much confirmed that it meant her return date. I mentioned I had thought of that; however, I did not think the trip was scheduled for that length of time.

In this article, GG and RG were scheduled to be there for for only 5 days.

http://www.cbsnews.com/stories/2011/08/20/earlyshow/saturday/main20094961.shtml:

The two arrived on the island July 31 for a five-day getaway, after meeting online.

I think the 16 response was before the 'where are u' question. When RF responded that it was to a previous question about a date, I assumed it wasn't the return date but something altogether different. MOO

 

[concentric]

Thanks Dushi for clarifying that.

OK, so the "where r u baby" is on Sat. the 6th, I guess.

Here is the link showing the messages, as so kindly posted by members on Thread #1,
"the 16. I can communictate here." is on August 1.


http://www.wtop.com/?nid=864&sid=2489190#counter

"the 16. I can communictate here."
------------------------------------
So, if that is her return date to where the boyfriend is, it has to mean that she was planning on staying somewhere else until the 16th? Because her return date from Aruba should have been, around August 5. Is that why the boyfriend texts on August 6, "where r u baby"?

So is "16" a typo meant to be "6"?

 

[HatesSociopaths]

You don't know that they refer to two separate incidents (unless you somehow know the name of the person making the complaint in the second case). The both sound like the same incident. There is a difference in dates, but note that the dates in the second incident refer to when the report and subsequent complaint was made. That is not when the alleged assault took place, which presumably was earlier, possibly much earlier. Also, the report in the second incident was used to get a search warrant to look for video, and possibly video of other victims. If he had hidden cameras recording this stuff then the victim would not have known about it, unless she had been made aware of it subsequently. So, how would that happen? That would be consistent with the first report which also talks about video, and and implied threat to distribute it. That is why I think that both of these reports refer to the same incident.

There are other things that look odd. For example, the page you transcribed talks about drinking wine and talking, then suddenly they are standing next to his bed where he allegedly attacks her. How did they get from one to the other? No one I know drinks wine and socializes in the bedroom. That doesnt make sense.

Like I said before, I think this is the same incident and the purpose of the complaint was to get the video out of his hands.

Once they had the video they would have proceeded with charges. They don't need the cooperation of the victim in a criminal case if they have other evidence, and video of an attack would certainly fit the bill in that regard. Once a complaint has been made in a criminal matter it can't be withdrawn like a civil complaint, the case will only be dropped if there is insufficient evidence.

The devil is in the details my friend.

This the second response to this post because the first one can't be edited. The first response is incorrect. Thanks for clarifying this point. The confusion occurred because there was a second woman who filed for a Protection Order in April of 2010 so that report made it appear that she was one and the same as the woman who wrote the sexual assault report in April of 2010, but in fact that was the woman (VP) who filed the Protection Order in Feb of 2010.

Regarding the point of why the case was dropped, according to the State Attorney, he dropped the case because the victim did not want to pursue charges and he respected her wishes. What is odd to me is that there was a video of the event and thus it would seem evidence of a sexual offense. You mention the case would have been dropped only if there is insufficient evidence, so why was the video not considered sufficient?

This is from Maryland website on sex offenses.

WHAT DO THE OFFENDERS’ CRIMES MEAN IN PLAIN LANGUAGE?

The registry lists the offender’s crime and offender category. The crimes are most often described in legal language which may leave you confused about what an offender actually did. The following is a glossary of terms translated loosely into plain language:

Sexual predator: offender who has been convicted of a sexually violent offense and has been deemed by a court likely to do it again.

Sexually violent offender: offender who has been convicted of a sexually violent offense.

Sexually violent offense: 1st or 2nd degree rape or attempted rape; 1st, 2nd, or 3rd degree sexual offense.

1st degree rape: Vaginal intercourse by force or threat of force, along with an aggravating factor, like causing or putting in fear of serious physical injury or disfigurement, suffocating, kidnapping, etc.

2nd degree rape: Vaginal intercourse by force or threat of force, or with mentally disabled victim, or with victim under 14 and perpetrator 4 years older.

1st degree sexual offense: Sexual act by force or threat of force, along with an aggravating factor, like causing or putting in fear of serious physical injury or disfigurement, suffocating, kidnapping, etc. Sexual act is oral sex, anal sex, or penetration by an object, but does not include vaginal intercourse.

2nd degree sexual offense: Sexual act by force or threat of force, or with mentally disabled victim, or with victim under 14 and perpetrator 4 years older. Sexual act is oral sex, anal sex, or penetration by an object, but does not include vaginal intercourse.

3rd degree sexual offense: Sexual contact without the consent of the victim, along with an aggravating factor, like causing or putting in fear of serious physical injury or disfigurement, suffocating, kidnapping, etc. Sexual contact is intentionally touching genitalia, the anus or other intimate area. It includes penetration by a part of the body except the penis or mouth.

Also includes sexual contact with mentally disabled victim, victim under age 14 and perpetrator 4 years older, a sexual act with victim 14 or 15 and perpetrator 21, vaginal intercourse with victim 14 or 15 and perpetrator 21.

4th degree sexual offense: Not considered a sexually violent offense. Sexual contact without consent of victim, sexual act with victim 14 or 15 and perpetrator 4 years older; vaginal intercourse with victim 14 or 15 and perpetrator 4 years older. Sexual contact is intentionally touching genitalia, the anus or other intimate area. It includes penetration by a part of the body except the penis or mouth.

Child Sexual Offender: An offender who has been convicted of any of the above offenses with a victim less than 15 years old, i.e., any sexually violent offense (1st or 2nd degree rape; 1st, 2nd, or 3rd degree sexual offense), or a 4th degree sexual offense. Also includes offenders convicted of sexual abuse of a minor who is a family member or living in the household.

Offender: An offender who has been convicted of certain other offenses related to sexual offending, like kidnapping or false imprisonment of a minor, violations of the child *advertiser censored* and prostitution laws, etc.

http://www.oag.state.md.us/sexualOffender/understanding.htm

She also began speaking to Montgomery law enforcement, who searched Giordano's house in May last year, according to officials. But the case was ultimately halted.
"We investigated Ms. Landau's client's matter and met with her multiple times," said Montgomery County State's Attorney John McCarthy, the county's top prosecutor. "She ultimately did not wish to pursue it, and we honored her wishes."

http://www.ongo.com/v/1579158/-1/07...ld-in-aruba-was-accused-by-two-women-of-abuse

From same link:

Giordano was not criminally charged in the Montgomery County matters, according to court records, and the allegations made by the two women were made in civil and family-law cases. In each case, Giordano filed allegations of his own, asserting that a former girlfriend harassed him by distributing slanderous letters and that his then-wife hit him in the upper back with a 14-inch steel cooking spoon.

Why was this not charged as a criminal case to begin with?

 

[Dushi]

Thanks Dushi for clarifying that.

OK, so the "where r u baby" is on Sat. the 6th, I guess.

Here is the link showing the messages, as so kindly posted by members on Thread #1,
"the 16. I can communictate here." is on August 1.


http://www.wtop.com/?nid=864&sid=2489190#counter

"the 16. I can communictate here."
------------------------------------
So, if that is her return date to where the boyfriend is, it has to mean that she was planning on staying somewhere else until the 16th? Because her return date from Aruba should have been, around August 5. Is that why the boyfriend texts on August 6, "where r u baby"?

Where are U baby is posted August 2

 

[concentric]

Dunno if anyone else answered this as I am reading the thread and posting as I go along...but "digitally choked" refers to being choked by someone using their hands only (as opposed to a cord or other choking device being used) Digits are fingers, remember.

sorry if this is posted downthread. MOO

abbie[/QUOTE
-------------
No. The woman said he shoved his fingers down her throat.

 

[concentric]

Where are U baby is posted August 2

------------
Why does it say Saturday, when August 2 is Tuesday

 

[AbbieNormal]

I honestly don't think Maryland is all that slow. IMO

Me either, especially in Montgomery County. JMO.

abbie

 

[HatesSociopaths]

I just found a copy of a blank form to file a Protection Order, which you can see here:

http://www.courts.state.md.us/district/forms/peace/dcpo001.pdf

The second woman who filed a Protection Order in April of 2010 checked off the boxes for CHOKING and SLAPPING.

So he does have a pattern of choking women.

This is a DIFFERENT woman than the one who filed the report of sexual assault, which also included choking.

<modsnip>?

 

[Dushi]

------------
Why does it say Saturday, when August 2 is Tuesday

Great catch!!
A poster said it was after the 16 post and i looked only at the date of august 2 on the message

About August 6... did i read that he said her gmail was active?
Maybe he was reaching out to her, hoping for a reply

 

[AbbieNormal]

I had my car stolen last year. It took the PG county police 3 hours to come take a simple report. I was saying that in order for Montgomery County to reopen a claim of sex assault (which did not happen, BTW- it was a petition for order of protection that was dropped by the plaintiff for whatever reason), it would take months/years to sort out if GVG has an attorney worth his salt- and it appears he does given his past troubles. A fresh sexual assault on US soil? Any state will expedite such a criminal case. Maryland judiciary process? SLOW.

PG county is a horse of another color. Its like the wild wild west in PG.
Montgomery County is infused with beau coup money and they overall have their act together there JMO.

abbie

 

[concentric]

Great catch!!
A poster said it was after the 16 post and i looked only at the date of august 2 on the message

About August 6... did i read that he said her gmail was active?
Maybe he was reaching out to her, hoping for a reply

-------------
Well, thanks for that, but I'm still confused. Wonder what question preceeded the Aug. 1 - "the 16. can communictate here."

 

[HatesSociopaths]

-------------
Well, thanks for that, but I'm still confused. Wonder what question preceeded the Aug. 1 - "the 16. can communictate here."

This is all I got on that. It's what I posted before but with more context. It will still be vague, but maybe it helps.

Me:Hi Richard,
My prayers are with you and all the family during this difficult time. I am working with others to try to understand what happened to Robyn and we are all wondering what "the 16" is referring to in her comment to you. Could you please clarify what that means? Thank you so much and my condolences. Giordano will be getting justice.

RG: Thank u. She was confirming a date.

 

[concentric]

Thanks HatesSociopaths, I guess I assumed "the 16" is the date she told him she was returning from Aruba.

So, I guess, "the 16" could be for a different date.

 

[HatesSociopaths]

2010 Maryland Code
CRIMINAL LAW
TITLE 3 - OTHER CRIMES AGAINST THE PERSON
Subtitle 3 - Sexual Crimes
Section 3-303 - Rape in the first degree.
Share|
§ 3-303. Rape in the first degree.

(a) Prohibited.- A person may not:
(1) engage in vaginal intercourse with another by force, or the threat of force, without the consent of the other; and
(2) (i) employ or display a dangerous weapon, or a physical object that the victim reasonably believes is a dangerous weapon;
(ii) suffocate, strangle, disfigure, or inflict serious physical injury on the victim or another in the course of committing the crime;
(iii) threaten, or place the victim in fear, that the victim, or an individual known to the victim, imminently will be subject to death, suffocation, strangulation, disfigurement, serious physical injury, or kidnapping;
(iv) commit the crime while aided and abetted by another; or
(v) commit the crime in connection with a burglary in the first, second, or third degree.
(b) Violation of § 3-503(a)(2) of this title.- A person may not violate subsection (a) of this section while also violating § 3-503(a)(2) of this title involving a victim who is a child under the age of 16 years.
(c) Age considerations.- A person 18 years of age or older may not violate subsection (a) of this section involving a victim who is a child under the age of 13 years.
(d) Penalties.-
(1) Except as provided in paragraphs (2), (3), and (4) of this subsection, a person who violates subsection (a) of this section is guilty of the felony of rape in the first degree and on conviction is subject to imprisonment not exceeding life.
(2) A person who violates subsection (b) of this section is guilty of the felony of rape in the first degree and on conviction is subject to imprisonment not exceeding life without the possibility of parole.
(3) A person who violates subsection (a) or (b) of this section is guilty of the felony of rape in the first degree and on conviction is subject to imprisonment not exceeding life without the possibility of parole if the defendant was previously convicted of violating this section or § 3-305 of this subtitle.
(4) (i) Subject to subparagraph (iv) of this paragraph, a person 18 years of age or older who violates subsection (c) of this section is guilty of the felony of rape in the first degree and on conviction is subject to imprisonment for not less than 25 years and not exceeding life without the possibility of parole.
(ii) A court may not suspend any part of the mandatory minimum sentence of 25 years.
(iii) The person is not eligible for parole during the mandatory minimum sentence.
(iv) If the State fails to comply with subsection (e) of this section, the mandatory minimum sentence shall not apply.
(e) Required notice.- If the State intends to seek a sentence of imprisonment for life without the possibility of parole under subsection (d)(2), (3), or (4) of this section, or imprisonment for not less than 25 years under subsection (d)(4) of this section, the State shall notify the person in writing of the State's intention at least 30 days before trial.

[An. Code 1957, art. 27, § 462; 2002, ch. 26, § 2; ch. 187, § 1; 2003, ch. 21, § 1; 2005, ch. 482; 2006, ch. 44, § 6; 2006 Sp. Sess., ch. 4; 2007, chs. 494, 495; 2008, ch. 36, § 6; ch. 345; 2009, ch. 60.]

http://law.justia.com/codes/maryland/2010/criminal-law/title-3/subtitle-3/3-303/

Would the video be evidence of this and enough to file criminal charges?

ETA: I did find a link for California law that says only in statutory rape can charges be pressed without the victim wanting to. Perhaps this is the same in Maryland.

 

[concentric]

Still bothering me though is the part:

"I can communictate here."

I still think she may have transposed the letters of two words, and meant to say:

"I can't communicate here."

If that is the case, it seems that she was not able to communicate because:

She was under the control of someone, and we know who seemed to be in control in that situation.

OR:

She transposed letters in two words and meant to say: "I can communicate there."

 

[HatesSociopaths]

Still bothering me though is the part:

"I can communictate here."

I still think she may have transposed the letters of two words, and meant to say:

"I can't communicate here."

If that is the case, it seems that she was not able to communicate because:

She was under the control of someone, and we know who seemed to be in control in that situation.

OR:

She transposed letters in two words and meant to say: "I can communicate there."

OR maybe she was saying she can communicate on her cell phone in Aruba.

 

[Elley Mae]

OR maybe she was saying she can communicate on her cell phone in Aruba.

That is what I think she meant.

 

[Ama11]

Message to women: Do not go to Aruba with an internet associate.

The problem is not the internet. The message is do background checks and understand that there are potential consequences to risky lifestyles and choices.