Defeat Dance

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Sunday, August 24, 2008

You Be The Judge - Not Noel Waters

During the 2006 campaign for the Storey County District Attorneys seat, the former assistant DA of Carson City Anne Langer decided to throw her hat in the ring. At this time, there were a small group of mothers who were very concerned about the way a 16 year-old rape victim was being treated by the Carson City Sheriff and the District Attorneys Offices. They did not believe her despite repeated interviews with the Sheriffs Office, rehashing each time what had occurred. By definition the young woman was raped. The mother of the victim was told that no prosecution would be made against the perpetrator. The mother simply stated to the public that the Carson City DA's office was not prosecuting rapes and other molestations that had occurred and that she did not believe Anne Langer would make a good district attorney for Storey County for this reason.

The Nevada Appeal reported:

March 2007 Robert Hilke Jr. was arrested for open and gross lewdness with a child under 14 and a gross misdemeanor warrant for open and gross lewdness. Bond was posted in the amount of $65,000 and Hilke was released.

October 2007
Robert Hilke Jr., 50, was charged with two felony counts of open and gross lewdness with a child under 14 and six counts of gross misdemeanor open and gross lewdness.

He appeared in Carson City Justice Court on Monday for a preliminary hearing where Justice of the Peace John Tatro determined there was a enough evidence to try Hilke on both felony charges and five gross misdemeanor charges.

According to the criminal complaint filed March 21, Hilke allegedly pulled aside the bathing-suit bottoms of a 9-year-old girl and looked at her on at least two occasions between June and November 2005.

The complaint concerning the six gross misdemeanor charges alleges that between June and December 2005, Hilke repeatedly fondled a then-16-year-old girl.

July 2008
A contractor initially charged in the alleged molestations of two Carson City girls, pleaded guilty Tuesday to one count of open and gross lewdness.
In exchange for the plea, a felony charge of lewdness with a child under 14 and several additional gross misdemeanor counts of open and gross lewdness will be dismissed against Robert Hilke Jr., said Assistant District Attorney Gerald Gardner.

Hilke, 52, was set to go to trial on charges relating to one of the girls Aug. 18 and the other Sept. 2.

Before District Judge Bill Maddox on Tuesday morning, he entered the gross misdemeanor plea in relation to a charge that he pulled aside the bathing-suit bottoms of a 9-year-old girl and looked at her genitals on at least two occasions between June and November 2005.

“We felt that the evidence was strong in this case and that he had acted inappropriately with this victim,” said Gardner. “And, we think the charge actually serves the interests of justice. He will be required to register as a sex offender and he will be facing up to a year in jail or probation.”

The charge that is being dismissed by the District Attorney’s Office relates to allegations that he repeatedly fondled a then-16-year-old girl between June and December 2005.

“Although we believe the victim’s account of what happened, unfortunately, we had no other witnesses or corroborating evidence and just felt that we couldn’t meet our burden of proof,” said Gardner.

Hilke, owner of Hilke Construction in Carson City, remains free on $65,000 bail.

He will be sentenced on Sept. 16.

My question is, and it will never be answered because the case involves minor children, is what "other witnesses or corroborating evidence" did they have that was so convincing on the 9 year-old girl that they didn't have for the 16 year-old? No difference except that Noel Waters and a certain Sheriff made it their business to sweep the more serious charge of rape under the rug from the beginning. Often it has everything to do with who you grew up with, who is covering who's back, and the social status of the victim or perpetrator. None of those should be a factor in making a decision on how to proceed.

Please notice that the Nevada Appeal first reported in March 2007 that Mr. Hilke was arrested for misdemeanors. Later, it was reported that there was enough evidence to try Hilke for two felony charges as well.

The outcome will most likely be probation. I don't see how the public can agree with the district attorneys office statement theat they believe "the charge actually serves the interests of justice."

Mr. Hilke's bail was extraordinarily low for the charges he was being prosecuted for. The two felony counts per NRS 201.230 states: a person who commits lewdness with a child is guilty of a category A felony and shall be punished by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served, and may be further punished by a fine of not more than $10,000.

The 16 year-old girl was sexually assaulted in a manner described in NRS 200.364. If Noel Waters or Anne Langer had done their jobs and taken a campaign break, they would have known this.

In the email below that Ms. Brown provided, you will see that Noel Waters is misguided. The VICTIM is the only person of a sexual assault that can waive confidentiality. What a butthead! The victim or details were never revealed except to the CCSO and Waters office. A sexual assault took place in the manner Waters cites in the Nevada Revised Statutes. The assistant DA Ms. Langer DID revealed details of the assault. Tar and feathers should have been served to her along with her recent DUI conviction.

He can write all he wants. On the surface it sounds good, but it's a load of bullshit. As the grand jury strongly suggested, Noel Waters is in need of a refresher course in the laws that govern us. Those same laws applies to him as well. He just doesn't see it that way.

Waters was quoted in the News Carson City "For District Court Judge, former CC District Attorney Noel Waters said being knowledgeable and fair with the law is his main message to the voters. He says he’s well aware of the community’s utter disgust with gangs and drugs. But he also says the key to justice is to hold each person convicted of a crime accountable. No excuses about their life conditions, but fully accountable. He says he’ll campaign on his experience as a trial lawyer and of his talents to be fair where need be, but also disciplined when the full measure of law must be brought down on a hardened criminal." What is his excuse? I find his "gang" utterly disgusting.

The results of DA Noel Waters actions were devastating to this family.