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.

9 comments:

Anonymous said...

Personally? I believe that the mother of the older of the two victims, and the older victim herself, of Mr. Hilke, should sue the offender and all who protected him.
Take all of them to civil court for failure to protect.
That goes for her cop uncle Bill Abbott who is best friends of Waters, Langer, and Hilke.
In that civil suit you would have two DA.'s, a CCSO Officer at the time of the rape, and the contractor himself.

Three NEVADA LAW OFFICIALS obstructed justice under the laws and failed a child. Another lawsuit for this state would not be a shock to me.

Anonymous said...

The family of the younger victim should initiate a civil suit. This is the only way this man will get the notion that he did wrong. Pedophiles typicaly molest many children before they are caught.

I agree with you, the 16-year-old would likely win a civil suit. Those are much easier to prove and you won't have the likes of Waters or Langer to obstruct justice.

Noel Waters does not have the temperment to serve as judge. A grand jury should be empaneled to investigate the handling of this case and other cases that have mysteriously fallen through the cracks. Waters should be banned from ever holding office again.

Anonymous said...

I heard from someone close to this case that Hilke only took the deal after a third child came forward. The multipul victims is true with these people.

Karen Perdue said...

The Nevada Observer has informative news and information. It's a great site! When I read this article about campaign contributions listed on the "SOS" site I thought it meant "Same old Shit." They were referring to the Secretary of State and the layout of the candidates and their contributors. Ends result is the same - same old shit.

http://www.nevadaobserver.com/

Disclosure In Nevada? Not In The Books

Hiding Finances As Simple As Buying An Election

by Johnny Gunn

For five years The Nevada Observer has preached open government, personal responsibility by politicians and bureaucrats, and the ability of the citizen to know who is responsible for a candidate’s finances. We aren’t alone in this pursuit, of course, and there are an equal number that want to maintain as much secrecy as possible within the halls of government and within the financial disclosure statements of politicians. For the voter in Nevada to discover who is contributing to a candidate’s campaign is a most daunting venture.

This has been brought home again by way of a report issued by an organization with its roots in the UCLA School of Law, and financial support from the Pew Charitable Trusts. The Campaign Disclosure Project’s report from 2008 once again condemns Nevada’s campaign Contributions and Expenses (C&E) laws. The organization started a grading program for various states back in 2003, and Nevada has never been above a D+. This year, in just about every category, the Silver State has received Fs across the board. For more on the subject, go to http://www.campaigndisclosure.org/.

In every election, the subject of contributions surfaces, whether by innuendo or fact, and it is rare that a voter can go to the Secretary of States web site, click on C&E reports, and come away with any concrete knowledge. Many believe that the law is written to protect the candidate, not make information available. Nevada’s approach to open and responsible campaign finance reporting is 19th Century at best. For a look through the way election financing is held in contempt by Nevada, go to http://www.sos.state.nv.us.

Nevada’s elections officer is the Secretary of State (SOS), today that would be Ross Miller in his first term in the office. Nevada’s onerous campaign finance laws go back generations and have not been brought into the 21st Century. While the SOS maintains a web site, even uses computers in their day to day work, the C&E reports are often filed in pencil, the individual entries are not alphabetized, and they are not filed in a data base program. Worse, when then turn up on the SOS web site, they might be considered inaccessible since they are simply scanned images of the report. They can not be broken down or downloaded for sorting. It literally takes hours to attempt to sort out who contributed what for any one candidate. Read full story

____________________

Anonymous said...

NEVADA APPEALS OWN REPORTER GUY FARMER HAS ANNOUNCED THAT HE INTENDS ON VOTING FOR NOEL WATERS FOR JUDGE! I GUESS THEIR RAG OF A NEWSPAPER ALLOWES THEIR "PIGS" IN JOUNALISM TO TAKE A STAND AND HAVE THE FREE-DUMB TO REPORT WHO THEY ENDORSE. "PIGS" LIKE NOEL WATERS WHO ALLOW OTHER PIGS LIKE BOB HILKE TO GET AWAY WITH "RAPE OF CHILDREN"!!!

I am sick! No wonder Carson City is so f--ed up politically and judicially! THANKS DUMB MR. FARMER. YOU SWIM WITH PIGS AND ADMIT IT GOODY FOR YOU.

Norbit Waters said...

That is a surprise, especially considering Farmers opinion of the "secret government" of Carson City. Too bad. He's gone to the other side................not the side or in the best interest of the people.

Norbit Waters said...

Noel Waters is a crooked and crocked as they get.

Anonymous said...

The innocence of children are less important than the good old boys club every time. Without exception.

I'd bet my last dollar that Hilke and Waters have a business/personal relationship. Carson City becomes a very small town when one of their own has done wrong.

Anonymous said...

http://www.recordcourier.com/article/20071022/NEWS/71022017

Another example of Noel Waters handy-dandy work while serving as Carson City's decrepit chump district attorney.

Unfortunate that other states have to capture Nevada's home grown perverts.