MO - Six Mohler family members for child sex crimes, Bates City 2009 #3

[Wintergreen]

How did I miss this?

"The elder Burrell Mohler is accused of drugging and forcibly raping a child under 12 and using a child in a sexual performance."

http://www.lineofduty.com/content/view/105518/109/

Are these specific words in the Probable Cause?

I hadn't seen this article before! Unless I've missed something in later PC Statements I think they are referring to the intial charges of "forcible compulsion." It may be that because they are in law enforcement they understood the language right away while you and I had to hunt for it!

 

[Texas Mist]

I'm very surprised they printed the niece's name. That's not one I knew of. I wonder if she gave permission?

If I were one of the alleged victims, I'd be scared out of my mind that David's gonna walk out of there. I hope those young adults have protection and support.

Back to the Probable Cause. Why would the filing date be Nov. 19, 2009 and yet the media released the statement concerning "drugging and forcibly raping" on Nov. 11, 2009? Notice that in the third to last paragraph, there is a comment about a previous report made in August 2008. Is it possible that the media got hold of whatever is in that report? I just can't figure out how else they'd have any info about drugs. IWannaknow, I just figured out how you came up with your screen name. It's perfect.

I wanna know, too.

There's a probable cause on Nov. 11th too -- I'm trying to round them all up.

There's a total of 42 charges & I'm trying to find the list (I *know* I've seen it) of all of them.

Here's a linky to Nov.11th charges --

http://www.nbcactionnews.com/conten...of-Horrific-Abuse/CYiXgkiwikWCfzve-TKzQA.cspx

there were additional charges files on Nov. 19th - see the .pdf here

http://www.nbcactionnews.com/conten...Sexual-Abuse-Case/jv9MGJGwtUW83KM-ZtDCUg.cspx

 

[Missizzy]

This does NOT add up. So here's another appearance of the phrase:

"The elder Burrell Mohler is accused of drugging and forcibly raping a child under 12..."

on this site:

[ame="http://officialcoldcaseinvestigations.com/showthread.php?t=10665"]Five Family Members Charged in Missouri Child Sex Case/HUNT FOR BODIES - Cold Case Investigations[/ame]

It's in the first post, dated 11-11-09 with a link to:

http://www.foxnews.com/story/0,2933,573992,00.html (which does NOT include this statement)

Does anyone remember that a few pages back Texas Mist and I were discussing the modification of another Fox article which had added info (about the excommunication of Burrell Jr.) without showing the info as an addendum or a correction. I wonder if Fox was the originator of this info and it got picked up by multiple outlets and then they redacted the info? The Probable Cause statements weren't filed until 11-19 so where did they get this fact?

Considering the Muscle magazine found, this "rumor" or unsubstantiated fact is weird.

 

[Texas Mist]

This does NOT add up. So here's another appearance of the phrase:

"The elder Burrell Mohler is accused of drugging and forcibly raping a child under 12..."

on this site:

Five Family Members Charged in Missouri Child Sex Case/HUNT FOR BODIES - Cold Case Investigations

It's in the first post, dated 11-11-09 with a link to:

http://www.foxnews.com/story/0,2933,573992,00.html (which does NOT include this statement)

Does anyone remember that a few pages back Texas Mist and I were discussing the modification of another Fox article which had added info (about the excommunication of Burrell Jr.) without showing the info as an addendum or a correction. I wonder if Fox was the originator of this info and it got picked up by multiple outlets and then they redacted the info? The Probable Cause statements weren't filed until 11-19 so where did they get this fact?

Considering the Muscle magazine found, this "rumor" or unsubstantiated fact is weird.

MissIzzy - I think it's sloppy reporting -- just like the "jars" when the court docs clearly say "jar"....I've looked at the docs filed on the 11th, 16th & 19th & none say anything about 'drugging'.

There could be more docs too -- the ones I have don't seem to total 42 charges but I'll recount after I get them all rounded up.

 

[Missizzy]

Wintergreen--I think you've got it!! Read this:

Section 566.030 Forcible rape and attempted forcible rape

1. A person commits the crime of forcible rape if such person has sexual intercourse with another person by the use of forcible compulsion. Forcible compulsion includes the use of a substance administered without a victim's knowledge or consent which renders the victim physically or mentally impaired so as to be incapable of making an informed consent to sexual intercourse."

http://students.missouri.edu/~sls/index.php?page=19

This is straight from the Missouri law.

 

[Missizzy]

In light of David bailing out today, this statement jumped out at me from rereading the Probable Cause Statement for Burrell Sr.

"...is very fearful of her grandfather, father, and uncles."

Can you imagine this woman's terror this evening?

 

[PAXIMUS]

Whats the latest Izzy, been gone a while, any new developments this week?

You say David posted bail? Whats the status on lawyers do they all have one now?

 

[PAXIMUS]

Paximus--What's your take on Wintergreen's post concerning "forcible compulsion". Does that typically mean drugs or can it also mean threat due to a person's size or threat of injury? Just curious.

No FC wouldnt be a threat as it must involve putting a person in to a state that they are mentally incapable of consenting to sex, so drugs or forced alcoholic intoxication is what it means.

 

[luvbeaches]

David Mohler posted bond and is out. I think it was Jared Mohler that waived his rights to a preliminary hearing.

I wonder if one of these guys will cut a deal for a lesser sentence and sink the rest of them?

 

[Missizzy]

We might be back to square one, I'm afraid. I didn't notice the following comment under the law I quoted above. So, either the media sources assumed that "forcible compulsion" meant that a victim was drugged due to common usage in Missouri or they had more info that we can't locate...yet.

http://students.missouri.edu/~sls/index.php?page=19
(Note--This page has lots of good info.)

"Comment: Forcible compulsion can be: physical force that overcomes reasonable resistance, or a threat that places a person in reasonable fear of death, serious physical injury or kidnapping. Penetration, however slight, must occur for rape to be committed. Note this law now focuses on showing force to prove lack of consent, rather than requiring the prosecutor to prove the victim did not consent. The sex of the offender and the victim is irrelevant to the crime of rape."

On a side note, I came across the term "forcible compulsion" in a document about Michael Devlin. I don't know that case well. In that instance, were they referring to drugging of the victim or threat of harm? That's also Missouri.

http://www.co.st-louis.mo.us/scripts/pa/attachment/papress/index.cfm?ViewMe=8499

 

[Missizzy]

Paximus--Can you help us out on the "forcible compulsion" issue? If you read back a couple of pages, you'll note that we found some articles which talk about "drugging" and drugging is not noted in the Probable Cause documents. Where did the media get this info? I'm stumped.

 

[Missizzy]

I have a strong feeling that states use the word "forcible compulsion" in different ways. There's probably a federal "template" but some variance state to state. I'm just trying to figure out how/why several news sources used the word "drugging" without there being anything in the Probable Cause documents. I think this might be a major issue AND related to the Muscle magazine issue which was seized.

FWIW: This is Oregon's definition:

Forcible compulsion in relation to sexual offences means to compel by use of physical force or by threat. Forcible compulsion places a person in fear of immediate or future death, or physical injury to one's self or another person or in fear that the person or another person will immediately or in future be kidnapped.
Example of a state statute on Forcible Compulsion
ORS § 163.305 [Title 16, Crimes and Punishments; Chapter 163. Offences against persons; sexual offences]
163.305. Definitions.
As used in chapter 743, Oregon Laws 1971, unless the context requires otherwise:
(2) "Forcible compulsion" means to compel by:
(a) Physical force; or
(b) A threat, express or implied, that places a person in fear of immediate or future death or physical injury to self or another person, or in fear that the person or another person will immediately or in the future be kidnapped.

The way I read this, any larger or more powerful person could forcibly compel a smaller/weaker person to engage in unlawful sexual activity. It's very hazy to me.

 

[pennydawn]

David Mohler's bonding out: I hope the family has him on suicide watch. It would be awful for him to take the easy way out, if the allegations are true.

Jared's waiving a prelim: Maybe PAX can tell us under what circumstances this is usually done...not that this case is in any way USUAL.

The alleged victims: I hope they are safe now that one of their alleged perpetrators is on the loose.

 

[PAXIMUS]

Paximus--Can you help us out on the "forcible compulsion" issue? If you read back a couple of pages, you'll note that we found some articles which talk about "drugging" and drugging is not noted in the Probable Cause documents. Where did the media get this info? I'm stumped.

Well every state is different but generally in my experience it is drugging but here in Arizona where I am it can also mean a physical threat that cannot be overcome with reasonable resistance or a verbal threat that makes a person believe their life could be in danger.

 

[PAXIMUS]

David Mohler's bonding out: I hope the family has him on suicide watch. It would be awful for him to take the easy way out, if the allegations are true.

Jared's waiving a prelim: Maybe PAX can tell us under what circumstances this is usually done...not that this case is in any way USUAL.

The alleged victims: I hope they are safe now that one of their alleged perpetrators is on the loose.

At a preliminary hearing the state will have to establish probable cause that a crime was committed and that the accused was the person who committed it. The preliminary hearing generally is a defendant's first opportunity to test some of the evidence against him.

In many cases a preliminary hearing can be quite valuable for the defense because while it is not a discovery hearing, it does provide a chance to cross-examine police officers and get their testimony on record. Should they testify differently at trial, the defense can impeach them with any prior inconsistent statements they made at the preliminary hearing.

In other cases, however, much of the information is available to the defense from police reports turned over by the prosecution in advance of the preliminary hearing. Also, the prosecution may not intend to call the victim at the preliminary hearing, only a police officer who will testify as to what the victim told police. Particularly in sexual assault cases, the victim often is not called to the witness stand at this early stage.

Prosecutors may make a plea offer to the defense before the preliminary hearing. If the defendant isn't ready to accept it, the prosecutor may agree to leave the offer on the table if the defendant waives the hearing. Waiving a preliminary hearing is quite common.


I bolded one major reason he may have waived it, possible plea bargain on the table....

 

[Missizzy]

Paximus--Any theory as to why the news articles said "drugging and forcibly raping" on 11-11 and yet that phrase is not on any of the documents?

 

[PAXIMUS]

Paximus--Any theory as to why the news articles said "drugging and forcibly raping" on 11-11 and yet that phrase is not on any of the documents?

I think its likely bad journalism but thats only a guess maybe they know something we dont.

 

[CHICANA]

Seriously, this brings tears to my eyes to read this. How can people do this? I'll never understand it.

I know they don't care about anyone else, I just don't see how anyone can feel that way.

Kudos to you for making the hate you.

JMHO
fran

I don't know how they do it either. His kids are sooo messed up. When his daughter told on him, he tried to blame it on his son.
He spent one night in jail. He was on parole and had to go to 'counseling' for 5 years. We always talk about how little time child molesters get, apparently it's even less for doing it to one of your own children. Their mom didn't push for jail time because if he was in jail, she wouldn't get child support. Apparently the court takes that into consideration when sentencing fathers who sodomize their little boys.
Is it typical of pervs to molest both boys and girls ?

 

[CHICANA]

Chicana--That's awful. I'm so sorry you've had to go through that pain. I fully understand your statement, "I love that he hates me". I, too, value the fact that our children's rapist despises me. I think that means that you and I and the other WSers want to protect children and speak the truth.

Thank you for pointing out, again, that molesters don't wear T-shirts identifying themselves. Oh, if only they did....

He likes to feel envied and talk about what he has and how much he paid for it. That's one of the reasons he doesn't like me, he knows that he could live in a mansion and drive a ferrari and I could never envy him because of what he is. Another reason he hates me is because he suspects that I sent flyer's with his picture on the SO registry to his neighbors and church.
I hate that I have a genetic link to this !#!#. It pains me to have to even refer to him as my half-brother because I have nothing to do with him. Last time I saw him was at my mom's funeral in 2000.
My older sisters still have contact with him, but I could never stand to see him around my daughter or nieces. Couldn't stand to imagine what he was thinking when he talked to them.
It was hard for my mom because I wouldn't show up at any family function that included him and she always chose me.
My nephew told me in detail what his dad did to him. Every once in awhile (like when I hear about cases like this) I get this vivid image of what he did and I'll cry all the way home from work.
I don't know if it's normal because it really bothers me when it happens, but I picture that ugly and how good he must have felt while he hurt my nephews, his own sons. I feel like I'm gonna be sick.
Maybe the judges on these cases should picture their child with some dirty old man behind them when they're doling out their 5 year sentences for baby rape.
Sorry for going off topic here.

 

[Missizzy]

Chicana--I know this is gross but our children's rapist raped little girls, little boys, dogs, cats, bunnies, a pigeon, and a chicken. And that's just the victims we know of. I recently read a quote by Neal Horsley (the anti-abortion activist) concerning his "strange" sex habits when he was a teen:

"If it's warm and it's damp and it vibrates you might in fact have sex with it."

I'm afraid that that pretty much sums it up for pedophiles.