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Posted on 04/01/2005 8:30:55 AM PST by Blzbba
Millionaire Cuts Plea Deal On Child Rape Charges
March 17, 2005
By Tracy Vedder
KITSAP COUNTY - A Bainbridge Island millionaire is free after cutting a plea deal with prosecutors over child rape charges.
David Nusbaum walked out of jail a free man after spending less than a year behind bars.
In April of 2004, Nusbaum was charged with repeatedly raping and molesting a 13-year-old girl at his Bainbridge home. Detectives say the assaults began when the girl was just 6-years-old. She and her mother lived with Nusbaum for about nine years.
Prosecutors cut a deal Wednesday, dropping the charges to third-degree assault with sexual motivation and turning a potential 10-year sentence into just eleven months in jail.
"We are confident that he had inappropriate contact with that girl, that's what the charges reflect," said Kitsap County Prosecutor Russ Hauge, "but that's about all we can prove."
But several sources tell KOMO 4 News that's ridiculous. The rape case was set to start last Monday. The lead detective believes the case is solid.
"We had a very credible witness, or I should say victim," said Bainbridge Police Detective Scott Weiss, "there's also some scientific evidence probably admitted at trial that was going to be very damning on Mr. Nusbaum's part."
The victim, now 14, was ready and willing to testify. She'd even gotten familiar with the courtroom just last Friday. Last April the victim spoke to KOMO 4 News . She said talking about what happened helped her heal.
"It helped tremendously, it felt like a huge weight lifted off my shoulders that I'd been carrying around for seven years," she said.
Over the weekend the deputy prosecutor handling the case had a family emergency. In the space of just three days, the new deputy prosecutor decided to deal, saying a civil suit by the victim damaged the criminal case.
"The argument that the defense would make -- that this was all a fabrication just to get at him and his money -- looks pretty good," explained Hauge.
"What does money have to do with someone touching their child?" wondered the victim's mother. "Nothing."
Seeing him walk free Thursday, she believes prosecutors stole something precious from her daughter. "This is a child who is brave enough to talk, she should have a chance."
Although this case is virtually over, detectives are concerned that Nusbaum could still be a flight risk. That's because he still faces the possibility of charges in several other states and he's worth about $11 million.
What a great judicial system we have in this country!!! [/sarcasm
Sick, sick, sick! Any decent society would have hung this animal and punished the mother too for dereliction of duty!
I thought this was another Michael Jackson article.
Some People Just Need Killing™.
Execution = Zero Recividism.
Nobody should be surprised at Washington's court system.
Power and money are accomplishers up there.
Look at their Governess.
She made it by "officially" counting votes three times, while judges still are in limbo about a filed complaint.
Then's that got, gets. Yup, the same state judicial system that handed the Dems their governorship.
You have to take into account that Bainbridge is a liberal enclave where an Iraqi War veteran was booed while marching in uniform (with his mother) at the 4th of July parade. So, giving grace to a pedophile is no big deal. I doubt we'll hear any outrage from those normally viscious and vocal womens groups, either.
We've had that here in MA forever. It's called "Kennedy justice."
(Chorus)
It's money that matters
Hear what I say
It's money that matters
In the USA...
Western Washington is a bastion of liberal politics and money, so naturally, everything tilts toward the wealthy. This is especially true if an accused's address includes the word 'island'.
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"Some People Just Need Killing™.
Execution = Zero Recividism."
Couldn't have said it better!
Apparently the new "prosecutor" is expecting some folding money. DISGUSTING!
>>he still faces the possibility of charges in several other states and he's worth about $11 million.<<
Lets start killing pedophiles. Can anyone tell me why we shouldn't?
Ping
You have judges that over turn laws that people voted in through the iniative process, we have a woman in the governor's mansion that got there by King County's creative ballot manipulations and to top it off King County's medical examiner's office is selling the brains of people with mental problems without the families consent.
This is Washington State. Rotten to the core.
1. Deputy Prosecutor has family emergency.
2. New Deputy Prosecutor appointed.
3. Suddenly, its a poor case.
The millionaire created the emergency, had one of his buddies funnel some cash (which also included some arm twisting) to the new prosecutor and presto! He's goin' to Disney World!!!
Thanks for the ping, Baynative. I just moved, and it'll be another month or so before comcast gets cable dug to get me back online, so it's rare I get a chance to check in. Next won't be for over a week.
I think Jack Nicholson gets the atmosphere of Bainbridge Island right in "Five Easy Pieces."
"Lets start killing pedophiles. Can anyone tell me why we shouldn't?"
Not I.
David Nusbaum walked out of jail a free man after spending less than a year behind bars.
Disgraceful. He should have been in jail for the rest of his life. A society that gives a criminal like this a free pass deserves its fate.
I remember picking stawberrys on various Baninbridge Island farms as a summer job, many decades ago, when I was in Junior High School. Now that would likely be illegal child farm labor .
Things have really changed.
I hope one of the other states nails him hard.
If they do, bet on him rolling over on whoever took the payioff on this.
Gonna have to google and see where else this scumbag has homes.
Those will be the jurisdictions to push.
So9
Sometimes it stinks, but it's still the best man has ever devised.
So9
I have a new justice system idea.. The defendant and the accuser both convert their assets to gold. Then each side puts their gold on one side of the scales of justice.
If thats the case then civil suit be damned. The new DA was bought and paid for one way or another.
Do any of you actually live in Kitsap (Kidnap) County? If so, have you ever experienced any of their particular flavor of "justice"? The court system here is corrupt as hell and they will *never* let a case go once they've filed charges.
That detective is a bit off the mark on his "evidence" statement, IMO... From what I've read, the girl was examined and found to STILL BE A VIRGIN by the PROSECUTING ATTORNEY'S PHYSICIAN!!!
How is a child raped continuously for 7 years and still a virgin? Wait... let me guess: this must be the new telekinetic rapist syndrome... yeah... that's the ticket... And I'm sure *THAT* would stand up in court, too. (/sarcasm off)
I don't know about you, but to me that brings up the very real prospect that this guy's innocent and that the whole thing was a sham from the word go.
Just a thought, but that may be the reason that the new prosecutor decided to deal...
That wouldn't be my guess.
Any decent mother would have blown the pervs head off, and dared the law to call it murder!
But yet he still faces charges in other states. You signed up today to rehash this thread? You are taking this way too personally Mr. Nusbaum.
Nor would it be mine. That assertion is almost as goofy as the case that the prosecution had put together (or rather *didn't*).
If you follow the publicly available information and court filings on this case, you'll find that the prosecution's case was remarkably weak. They had absolutely *NO* physical evidence (indeed, there exists much contraindicatory evidence to the story); just a story from a woman and her daughter. Both of whom had a significant amount of monetary gain to be had.
From a legal standpoint, I would certianly hope that the standard for admissable evidence in this country hasn't fallen so low.
I wouldn't want to be the lawyer that tried to prosecute that case, at any rate.
lol, if I were a millionare now free to do what I pleased, I could think of better things to do with my time than sit here and rehash that case. :)
As details of the case emerged, prosecutors learned that the sexual assaults spanned a 7 year period. The helpless and victimized girl was first raped at the home of the accused when she was 6-years-old.
Well whatever your interest is in the matter, something, in so far as the article reads, stinks. One does not have to be raped vaginally in order to be considered raped. Molestation is sexual contact, so lack of evidence does not surprise me. There may not be physical evidence. Nor was there any info provided that the victim had cause to lie about the matter. Victim testimony is just as admissable any other evidence. Let the jury decide. It makes for defense arguments that they were after money. If you have some additional personal knowledge to share then I hope you've done your part to help your friend.
Welcome to FR, although I suspect you've been here before.
I thought Michael Jackson had plea-bargained.
I agree. The article from KOMO seems to be a bit one sided in their reporting (Which, coincidentally, is what piqued my interest in the case originally...). A jury trial wouldn't be a bad idea, especially given the evidence (or lack thereof) presented by the prosecution. IMO, the lesser charge to which the accused plead was the strongest charge that Kitsap County felt they could pull off in a trial with the case they had. That's not to say that he's guilty or not; simply that they realized that their case was falling apart at the seams. IMO, having seen other cases of this sort come across the docket in Kitsap County, the fact that they were willing to bargain *at all* leads me to believe that he's innocent and that it was more of a face saving matter to them to get some variety of a conviction in lieu of a very publicized mark in the "Lose" column.
Victim Testimony is absolutely admisable as evidence, however IMO, it should not be able to replace physical evidence in a court of law. Otherwise, what's to stop accusations of this sort from becoming nothing more than a method of retribution by a disgruntled ex? Our whole system was founded on a principal of checks and balances. This case distinctly lacks those.
In addition, the Cause of Action in this case was something that couldn't be substantiated by any other evidence besides the "victim"'s good word. That, from a lawyer's standpoint would be a grave erosion of the litigatory principals of a criminal trial (i.e., the need for actual physical evidence to find guilt beyond a reasonable doubt.)
IMO, legal precedents and practices in Kitsap County have been slipping towards the Marxist end of the scale for some time now, I keep watch on them and call it when I sense an injustice about to occur.
Thanks for the welcome to FR; though it's my first visit, I'll definately continue to keep tabs here. :)
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