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Stafford prosecutor muzzled on rape case
Circuit judge grants motion to block Stafford prosecutor Eric Olsen from commenting on information in teen's file
Date published: 3/10/2009
By PAMELA GOULD Stafford Circuit Judge J. Martin Bass stayed a juvenile court judge's ruling yesterday, blocking Deputy Commonwealth's Attorney Eric Olsen from commenting on the records of a teen he prosecuted on a rape charge in 2007. The teen's alleged victim recanted her accusation more than two months after the former Aquia Harbour resident was convicted of rape and breaking and entering and ordered held by the Department of Juvenile Justice. The girl's mother has since been attempting to correct what she views as a miscarriage of justice. Attempts by two previous attorneys to get the boy's charges overturned failed. Now, attorneys with the Innocence Project of the University of Virginia Law School and JustChildren, a child advocacy group in Charlottesville, have taken up the effort, including seeking to get his name removed from the state's sex offender registry. On Feb. 25, the boy, now 17, was released from the Department of Juvenile Justice weeks ahead of his earliest possible release date. The agency's director ordered it after receiving a Jan. 22 letter from the teen's current legal team--Deirdre Enright of the Innocence Project and Andrew K. Block Jr. of JustChildren--laying out their investigation into what they believed was a wrongful conviction. Olsen is seeking permission to comment publicly on the case to address what he called "inaccurate and incomplete" information provided to The Free Lance-Star for a Feb. 5 article. Yesterday, in Stafford Circuit Court, Olsen argued against the stay of Juvenile Court Judge Julian W. Johnson's Feb. 27 ruling saying the teen's attorneys were intentionally spreading false information. Specifically, Olsen said the attorneys know the purported victim is incapable of legally consenting to sexual contact because of her age and mental abilities, making her recantation irrelevant. Olsen claimed she has the mental capacity of a 7- or 8-year-old and was under 13 at the time of the June 2007 incident inside her home. The girl's mother has said she's been classified as "borderline" mentally retarded and was 14 at the time of the incident. The boy's IQ is only 7 points higher than the girl's, according to his attorneys. Block yesterday argued that granting Olsen permission to comment on his client's confidential information would have a "chilling impact" on free speech rights. He said anyone who dared to criticize the prosecution's handling of a case--including this girl's mother--would fear his or her child's confidential information would be released as a result. At the conclusion of a 42-minute hearing, Bass granted the defense's request to block Olsen from reviewing the boy's pre- and post-conviction information and making public comment. He scheduled a full appeal of the matter for April. 17. Pamela Gould: 540/735-1972
Date published: 3/10/2009
Olson is a snake
(posted by
Grumpy1
, Mar. 15, 2009 7:46 pm)
Eric Olson has been consistant in his personal attacks and using the media to whip up sentiment. Many times he convicts people before they even get to court. If anyone needs a gag order it would be Eric. It is unfortunate that the county must deal with less than honest litigators. Eric makes shady lawyers look good. Too bad he cannot be disbarred. This article is passing information and he should be admonished for it.
the point 1
(posted by
Aidia
, Mar. 10, 2009 10:54 pm)
Youre missing the point ashleighsmom. Olsen wants to open the file to show that the girl was 13 at the time of the incident, making the fact that the girl was lying irrelevant since technically under the statute she'd be too young to consent. The mom of the girl says she was 14, thats what he was trying to open to show, that the confession of her lie would be irrelevant. Noones blaming him for bringing the case originally, but instead his actions after the girl confessed that she lied.
Dicerotops
(posted by
ashleighsmom
, Mar. 10, 2009 6:43 pm)
You wouldn't be griping if it were your daughter now would you? I find all of it deplorable when it comes to children. My point was that Mr.Olsen is a public servant and I'm sure that the PUBLIC and his higher ups were demanding all of this. There are facts here that the general public knows nothing about. Where was mom during all of this? Has anybody questioned her and her relationship with the poor girl? They won't let Mr. Olsen reply but they keep talking. The truth will come out.
Give me a break from this man
(posted by
gtinfred
, Mar. 10, 2009 4:09 pm)
I find it incredible how Olsen can sleep at night he prosecutes anyone for anything to the fullest extent. This boy should not be in jail & should not be on the sex offenders list. It is a good thing Spotsylvania is not the same otherwise Olsen could spend 15 years in jail for he illegal left turn I have regularly seen him make out of the Wawa. I am sure if you were up in front of Olsen for that there would be numerous charges. (illegal left turn, wreckless driving etc)
Notches on the Gunbelt
(posted by
aterry89
, Mar. 10, 2009 11:35 am)
Mr. Olsen myopic view of western justice seems to be focused solely on garnering convictions rather than seeing true justice served. We'll all be disenfranchised felons by the time he retires or is hoisted on his own petard.
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