Four members of a St. Paul family have been charged with a variety of felony charges after it was uncovered that they have been running a sex-trafficking ring for almost two years.

During those two years, two brothers and their uncles ran what Ramsey County Attorney John Choi called “an evil conspiracy” that severely impacted the lives of the alleged victims.  The perpetrators allegedly used the controversial website Backpage.com to advertise the services.  Although more details are expected to be made public, at least one of the victims was a 15-year old girl.

Otis D. Washington, 29, Antonio D. Washington-Davis, 27, and their uncles Calvin R, Washington, 49, and Robert J. Washington, 56, were charged with multiple sex trafficking crimes in connection with their involvement in the ring.  A female accomplice, Elizabeth Ann Alexander, 25, was also charged for her involvement.

When announcing the arrests, Choi said the defendants were motivated by greed.

“All of the defendants are a part of an evil conspiracy to enslave women and girls for their own financial gain,” said Choi.  “The defendants have caused unimaginable horror and harm to the victims as well as to our community over a considerable period of time.”

Exposing the ring is a step in the right direction, and it highlights how important it is that we continue to fight against sexual abuse.  In a previous post, we noted that April is Sexual Assault Awareness Month, and a new bill called the Safe Harbor for Sexually Exploited Youth bill is making its way through Minnesota legislation.

The bill asks for $14 million to provide shelters, services and treatment for victims of sexual assault.  Many proponents of the bill say it is a response to the rising amount of sex-trafficking taking place across the state.

The bill is running under the campaign “MN Girls Are Not For Sale”, and Choi offered a similar, localized sentiment when announcing the latest arrests.

“Women and girls are not for sale in Ramsey County,” said Choi.

Related source:  Star Tribune

A New York mother has been charged with endangering the welfare of a child after she allegedly hired two strippers to dance at her 16-year-old son’s birthday party.

Judy Viger, 33, faces the possibility of jail time after police filed five charges of endangering the welfare of a child against her in connection with her son’s birthday party at a local bowling alley.

The party took place at Spare Time Bowling Alley back in November, but steamy pictures emerged on Facebook this month which prompted a police investigation.  Authorities got involved after a parent alerted officials of the racy pictures, and the investigation revealed that five of the attendees were younger than 17, and one individual was as young as 13.

According to the police report, Viger is accused of “organizing, managing, and paying” for the party where the two strippers engaged in “personal and intimate dances for some party attendees.”

Criminal Defense attorney Geoffery Saltzstein explains what would happen of the incident had taken place in Minnesota.

“The State of Minnesota specifically prohibits this, as §617.294 of the Minnesota Criminal Code states that it is a crime for someone to “knowingly admit a minor… to a place of public accommodation where there is exhibited a… dance… presented before an audience which, in whole or in part, depicts nudity,” said Saltzstein.  “Unfortunately for mom, although I’m sure the boys in the group were extremely amused, the legislature of most states has decided that this type of entertainment shall be reserved for those who are over the age of 18.”

Charges have not been brought against the entertainers or the bowling alley.  When asked about the incident, Spare Time Bowling alley released the following statement.

“Spare Time Bowling Center can confirm that a private party did take place on November 3rd, 2012. We neither arranged for (nor paid for) the entertainment that was provided at the party. Spare Time has been cooperating fully with the investigation and will continue to do so.”

The entertainers, who are employed by Tops in Bottoms, said they didn’t know the attendees were underage and they think the matter is being “blown out of proportion.”

Viger did not want to comment on the issue, but she posted a message to her Facebook page that said her family is currently going through a “difficult time.”  She is scheduled to appear in court March 7.

Related source:  ABC News

Threats Shut Down School

Chaska High School cancelled classes Tuesday after violent threats were made by an individual.

The threats were made early Tuesday morning.  Classes were cancelled for the 1,250 students who attend the high school while the police investigated the threats.  The school went into its “lockdown” procedure for the students who were already at school, while buses diverted teens to a safe location once they were made aware of the situation.

A search of the school grounds and parking lot did not find anything suspicious, but the school took precautions to avoid “copycat things”, in reference to the school shooting in Connecticut last month that claimed the lives of 26 students and staff.

On Wednesday, the Chaska Police Department announced that they had arrested a juvenile male in connection with the threats.  Authorities concluded that he acted alone.

Classes resumed on Wednesday.

Hotel Employees Trained on Sex-Trafficking Signs

Counties in the Twin Cities have partnered with the Minnesota Lodging Association to train employees to spot possible sex-trafficking crimes.

Sex-trafficking crimes have become more prevalent in the United States in recent years, and city officials believe educating hotel employees on the warning signs can help stop future crimes.

“If you see something, say something,” said Dan McElroy, president of the trade group Hospitality Minnesota.  “The hotel management then can contact investigators.”

The conference said some of the signs employees should look for include young females who look frightened or disheveled, men visiting for a short time, or money exchanging hands in the lobby or parking lot.

Last year, there were 19 arrests in Minneapolis for juvenile sex traffic.  The city hopes the increased education will prevent more juvenile sex crimes in 2013.

“We are here to stop you,” said City Council Member Elizabeth Glidden.

Coon Rapids Prostitution Sting Yields Five Arrests

Coon Rapids conducted a prostitution sting Wednesday in hopes of nabbing “johns” seeking sex in the northern suburb.

The operation was successful, as five men were arrested and cited with gross misdemeanors, said Captain John Hattstrom.

“We are going to continue these kinds of efforts to push prostitution out of our hotels and our city and the kinds of crimes that come with them,” Hattstrom said.

Hattstrom said the city is intent on preventing prostitution crimes because of the related illegal activities that tend to accompany sex crimes.  Violent crimes like assaults and robberies have been linked with sex crimes, and city officials said increased drug use is also common.

Captain Hattstrom said the city has seen a rise in sex crimes due in large part to online outlets that allow individuals to connect for escort services.  Sites like Craigslist and Backpage.com aid in the proliferation of sex crimes, but they also make it easier for law enforcement to track.

“Most suburbs haven’t had to deal with this in many years, but (Backpage.com) makes it so easy for it to occur. … There are thousands (of posts) every day.  It’s endless,” Hattstrom said.

Coon Rapids had a female officer post a prostitution ad on Backpage.com in order to stage Wednesday’s operation.  The men who met the officer at the agreed location were arrested and cited.

Wednesday’s sting was the second such operation conducted by the city in three months.  The Coon Rapids Police Department ran its first sting in November.

Related sources: TwinCities.com, StarTribune.com

We had an exciting and successful year here at Appelman Law Firm. We were able to facilitate positive case results for many clients. Below are a few case studies detailing the successes our attorneys have had this year.

Note: client names have been changed or shortened to protect anonymity.

1. State vs. J.A.– J.A. was arrested after a police officer observed her vehicle drive from a restaurant parking lot into and out of a ditch and onto a county road. The client failed field sobriety tests on the scene and was arrested. Her Blood Alcohol Concentration was over .20 (the legal limit is .08). With masterful negotiation and client preparation, the charges were amended to a misdemeanor level offense and J.A. did not serve any jail time as is customary for similar offenses in Crow Wing County.
2. State vs. S.C. – S.C. was stopped 15 miles after a police officer initiated pursuit of the vehicle. S.C. failed field sobriety tests, was arrested for DWI, and tested well over .08 BAC. He was charged with a gross-misdemeanor 2^nd Degree DWI and was facing 90 days in jail and the forfeiture of his vehicle. Avery held a hearing challenging the stop of S.C.’s vehicle. After thorough cross examination employing the squad video of the stop, the court reinstated S.C.’s driver’s license. Ultimately, S.C. plead guilty to misdemeanor Careless Driving, a non-alcohol related offense, and has since had his car returned.
3. State vs. T.B. – While entering a local store, T.B. made a comment to a young woman sitting in a car. The woman went home, advised her mother, and returned to the store with the police who detained T.B. Avery sprang into immediate action, sent a lawyer directly to the scene who insulated T.B. from the police investigation and secured his immediate release from police custody.  The case was charged and ultimately dismissed.
4. State vs. C.P. – C.P. was arrested in a prostitution sting targeting providers from a certain agency. C.P. claimed that prior to her arrest, the undercover officer allowed her to perform a sex act. Using this information, Avery Appelman filed a motion to dismiss for a Due Process Violation. Prior to the hearing the State dismissed the case.
5. State v. J.R.– J.P. received a phone call from his relative late one evening asking him to meet up. At the meeting, the relative asked J.P. to go and get his truck parked on the side of a road. J.P. approached the vehicle and was immediately confronted by police who took him into custody for fleeing from the police. Avery Appelman conducted an investigation and shared the information with the prosecution who ultimately dismissed and prosecuted the relative.

1. State vs. M.R. – 19-year-old M.R. was charged with DWI after a snow plow driver reported that a vehicle was stuck in a snow bank.  When police arrived, M.R. did not have her glasses or shoes, her cell phone was on the ground outside of the vehicle and she was very confused.  After a few hours she recalled a horrific scene wherein she was sexually assaulted by her boss while his wife sat in the next room.  Geoff took on the case and had her blood sample retested by a private lab to check for any date rape drugs. He also discovered that her boss was on parole for Criminal Sexual Conduct in Hennepin County.  Prior to her criminal DWI trial, Geoff presented the prosecutor with pages of evidence proving that she had no other choice but to flee the scene.  The prosecutor chose to proceed to trial, and after an hour and a half summit with the judge in chambers, the DWI was ultimately dismissed. The Attorney General’s Office also decided to go forward with the drivers’ license revocation, but after Geoff presented the evidence at the implied consent hearing, the judge rescinded the revocation.
2. State vs. D.B. – D.B. was pulled over after leaving a bar in the Mille Lacs area around closing time.  He had parked in a patch of grass outside the bar that was known by everyone to be the overflow parking, and drove up through a ditch and on to the road to head home.  A State Trooper pulled him over for illegally entering a roadway, citing no other illegal conduct.  After a combined evidence suppression and implied consent hearing, the Judge found that the officer lacked the requisite suspicion to make a traffic stop and summarily dismissed the criminal case and rescinded the revocation of his drivers’ license.
3. State vs. A.H. – A.H. was arrested after a minor dispute with his girlfriend.  When officers arrived, both parties were extremely intoxicated.  In fact, United Hospital sent the victim to detox before taking her back to treat her injuries. A number of witnesses stated that A.H. threw a potted plastic plant at the victim and each of them tried unsuccessfully to land punches and kicks on the other.  A.H. also admitted to police that he may have had his hand on her neck, which is a felony. Since there was no defense, and the client felt awful about everything, he agreed to go to chemical dependency and mental health treatment, in exchange for 60-days house arrest and a misdemeanor after he completes probation.  On the night after he pleaded guilty, the police were called to his house, where he was “playing chess” with the victim of the original case.  He was arrested, and Geoff argued successfully to have his conditional release reinstated the next day.  The prosecutor was not happy about this, and requested that another warrant be issued.  Geoff argued successfully that the warrant was illegal because the issue of his conditional release was already litigated.

1. State vs. J.V. – J.V. was charged with DWI. After being retained Stacy moved to suppress all evidence obtained subsequent to the initial stop of his vehicle on the grounds that the officer lacked reasonable, articulable suspicion of criminal activity. The judge agreed, suppressed all evidence, and dismissed the charges.
2. State vs. C.K. – C.K. was charged with sale of a large amount of marijuana in close proximity to a gun, which makes it a far more serious charge. Stacy took on the case and litigated the validity of the search warrant that uncovered evidence. She ultimately convinced the state that the gun was not the defendant’s and was not involved in any drug activity. The charge was amended to simple possession and the defendant was granted a statutory stay of adjudication, meaning that he was not convicted of any crime, and guaranteeing that if he successfully completes probation and some community service, all records of his arrest and charges will be expunged from his record.
3. State vs. C.M. – C.M. was facing felony charges of fleeing police in a motor vehicle. If convicted of a felony, in addition to the sentence for that charge, the defendant would have had to serve a prison sentence because he was on probation with the Department of Corrections. Stacy moved for a probable cause hearing on the basis that the state lacked evidence of the driver’s identity. Rather than litigate the issue, the state agreed to amend the charge to a misdemeanor fleeing on foot, which allowed the defendant to be released without serving any additional time in jail or on probation.
4. State vs. L.S. – L.S. was charged with domestic assault and possession of a handgun without a permit. Stacy challenged the legality of the search of his vehicle where the gun was found and the prosecutor agreed to continue both charges for dismissal, meaning that the defendant did not have to plead guilty to either charge and was not convicted of any offense.

Visit our website to read more of our case successes.

According to a new lawsuit filed in Miami, a man was falsely arrested during a prostitution sting, and then assaulted by police officers. Guillermo Cuadra claims that officers broke his arm and then refused him medical treatment while he was held in custody for 5 hours.

Cuadra alleges that a police officer posing as a prostitute walked up to his car and propositioned sex. Cuadra declined, drove away, and was soon stopped by a squad car. When he was stopped, Cuadra was confronted with 5 officers surrounding his car with guns drawn. According to the lawsuit, he was thrown to the ground and while being forced into handcuffs, his arm “audibly snapped.” When Cuadro told an officer this, he was yelled at and verbally abased.

Cuadra was then charged with resisting arrest and soliciting a prostitute, a charge which he vehemently denied. The police report stated that Cuadro offered the undercover officer $60 for sex. Ultimately, he was not convicted of either charge.

When a Minnesota defendant is confronted with a situation such as this, it is absolutely necessary to retain the expertise and guidance of an experienced MN criminal defense attorney.

Related Sources:

Miami News

On Monday, we wrote about a lawsuit brought against classifieds site Backpage.com by three young girls forced into prostitution. Today, the Minneapolis city council passed a resolution which would stand to ban the sexual service ads on the Village Voice Media-owned website. City council also passed a resolution which which would funnel more resources into combating the sexual exploitation of minors.

According to Ramsey County Attorney John Choi, “It is time that Backpage.com takes responsibility for their complicity in the trafficking of young girls, and ceases their involvement in this kind of activity… By its acts and omissions, Backpage.com is encouraging, causing and contributing to illegal sex trafficking of children in our community.”

City Council Member Elizabeth Glidden added that “Regardless of whether they are 18 or over, this is promoting prostitution in a major online publication. It is putting profits, corporate profits, ahead of people’s well being.”

Throughout its history of criticism, Village Voice Media has maintained that is continues to go above and beyond in assisting law enforcement and taking precautions to ensure that it is not, in fact, being used as a vehicle for child sexual exploitation. However, stories continue to emerge which suggest otherwise. On May 10, Malachai Tramble II was sentenced to nearly 9 years in prison for prostituting and selling a 17-year-old girl multiple times via Backpage.com’s adult section.

A similar resolution was passed this May in New York City. Village Voice Media attorney Liz McDougall spoke in front of s NY court and expressed the company’s position that removing the adult section of Backpage.com will just compel those involved in the sex trade to move on to a new outlet. ”…taking down the adult category of Backpage is not an effective counter measure to human trafficking is because the content will migrate somewhere else…What terrifies me is the notion that what is going to happen is that this content, this advertising, is going to go to what are known as the ‘black hat’ websites, the underground websites, and ultimately the off-shore websites. And when that happens, not only will these websites not care to cooperate with law enforcement, but when they are off-shore, they are outside the jurisdiction of U.S. law enforcement.”

According to MN criminal defense attorney Stacy Kaye, outlawing the sex advertisements is not the answer. “Banning these ads raises some serious first amendment issues, not to mention that it will do absolutely nothing to solve the problem, and possibly could even hinder progress. At least with this type of ads, law enforcement can sometimes follow the electronic trail and apprehend the person who placed it. Blaming sites like backpage.com for this sort of activity is a cheap political trick that diverts attention from the root causes of this problem and helps absolve law enforcement from not making this a priority.”

In fact, there are a number of other websites that operate adult ads similar to Backpage. These websites are not currently being targeted:

www.eros-mn.com

www.theeroticreview.com

www.citvibe.com

www.eccie.com

www.bigdoggie.net

Related Sources:

Star Tribune

KAAL TV

Fox 9 News

NY Capital

Backpage.com’s adult services section is back under fire, once again being called a safe haven for sex traffickers and pimps. The free classified website is now being sued by three teenage girls who claim that they were forced into prostitution.  The three girls claim that the website should have taken actions to help the girls, but instead enabled and even profited from their sexual exploitation.

The lawsuit was brought into a Washington state court on Friday. The girls, aged 13, 13, and 15 were shown in numerous photos, advertised as escorts. It is estimated that Backpage.com makes approximately $22 million per year from escort and adult advertisements alone and accounts for nearly 70% of all online sex advertisement. The Village Voice Media-owned website is no stranger to harsh criticism, and this is hardly the company’s first march through court. As part of an ongoing effort to curb child sex trafficking and prostitution, Washington state recently passed a law requiring the site and ones like it to verify the ages of all escorts advertised on the site to verify that they are adults. However, a judge granted an injunction on Friday which halts the new law.

According to attorneys for Village Voice Media, the new law actually prohibits such a lawsuit, and they do not believe that the case will hold up in court.

Related Sources:

Seattle Times

LA Times

NY prosecutors have begun using a recent sex-trafficking law to bypass the criminality of prostitutes and, instead, focus their attention on the patrons and pimps. Under the statute, those who promote the prostitution of others can be slapped with sex trafficking charges, even if the prostitutes don’t identify themselves as victims of trafficking.

In late April, a father-and-son pair of pimps were arrested and indicted on sex trafficking charges. The prostitutes employed by the two men were all over 18 and none considered themselves victims of coercion or trafficking. However, the Manhattan district attorney’s office listened to recorded phone conversation and, under the new law, determined that then men had coerced the women into working for them.

The prostitutes in this case have been afforded victim status and as victims of sex trafficking, they will not be prosecuted. The district is now offering various resources to these women for the purpose of rebuilding their lives.

While the prostitutes in this case have been afforded immunity of sorts, the pimps are facing the much tougher penalties which come with sex trafficking charges. Under the traditional law, promoting prostitution of an adult carried a maximum sentence of 15 years in prison; johns who solicited the services of an adult prostitute faced up to 90 days in jail. The new sex trafficking statute increases the maximum penalties for both pimps and patrons; promotion of prostitution now carries a 25-year maximum penalties and solicitation of prostitution can lead to one year in jail.

Under the federal law passed in 2000, sex trafficking was defined as the transport of a prostitute across state lines. However, the NY statute reconsidered what constitutes sex trafficking and the law was broadened to include  direct or indirect methods used to control a prostitute. Threats of physical harm, tarnishing a reputation, or in any way attempting to interfere with a person’s health, safety, or immigration status are now included within the scope of NY sex trafficking law.

According to MN criminal defense attorney Avery Appelman, the laws governing promotion of prostitution are quite broad and can be applied to a wide range of actions. If a person answers the phone for a prostitution transaction, pays for a prostitution-related advertisement, or provides transportation for an act of prostitution, a determined prosecutor could  charge that person with promotion of prostitution.  Law enforcement employs a great number of tactics meant to target those involved in the sex work industry.  If you are facing charges relating to prostitution, you need to contact an attorney  experienced with prostitution cases right away.

Related Sources:

NY Times

Here is the first in a series of upcoming videos about prostitution myths. There are many common myths about what police can and cannot do during a prostitution sting/arrest. In this video, we debunk a few of those myths. Click on the image below to watch.

On Monday, a Canadian appellate court will make a monumental decision–where or not prostitution will be decriminalized. Advocates of the appeal argue that the three provisions governing prostitution actually endanger prostitutes, and that removing them would be a measure of safety.

The earlier decision which is being appealed outlawed pimping, keeping a brothel, and communicating for the purpose of prostitution. According to the judge who originally struck down the provisions, “By increasing the risk of harm to street prostitutes, the communicating law is simply too high a price to pay for the alleviation of social nuisance…I find that the danger faced by prostitutes greatly outweighs any harm which may be faced by the public.”

Monday’s decision will be the result of a 9 month-long deliberation which was spearheaded by three women with experience in the industry: a dominatrix, a prostitute, and a former prostitute. They argued that the laws were unconstitutional. On the other side, attorney Michael Morris argued that the provisions are a necessary measure of controlling prostitution and protecting the community. Morris said that the judge “misunderstood the significance of the evidence,” and that the entire appeal was based on the premise that the state needs to protect the sex workers which, according to Morris, ” is not a constitutionally protected right.”

According to MN criminal defense attorney Avery Appelman, some regulations are absolutely necessary. Pimping is a terribly exploitative practice which must be disallowed. However, brothels, if run cooperatively, can provide a safe haven to women engaged in the sex trade. “Like any labor industry, prostitution should be subjected to government regulation. It shouldn’t be an all-or-nothing situation here.”

Related Sources:

The Globe and Mail