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Some crimes are "worth" more than others in Kern County
I can’t be the only one who’s appalled that Judge Richard Oberholzer reduced by half the bail of accused rapist Richard James Berkowitz last month. This guy is accused of picking up a nearly incapacitated 14-year-old girl by the side of the road who was passed out from drinking the night before. Police say he took her to his house where he raped her, then made her wash and sent her on her way. Adding insult to injury he allegedly lectured her that “this would be a good lesson” for her not to drink and it should be a “wake up call” for her. A slight pause, please, while I ungrit my teeth and try to stop the visions of mayhem I’d like to inflict on the monster that would do and say such things to a child. Deep breath. OK, back to the bail reduction. First, I think Oberholzer dropped the ball on this and not just on a philosophical level. He was correct that the “bail schedule” called for $250,000, but that’s not the whole story. Bail had already been set by another judge at $400,000 at Berkowitz’ arraignment. The District Attorney’s office sent a prosecutor to the arraignment — a rare assignment — specifically to request an increased bail, Deputy D.A. Lisa Green told me. Not only was that increase granted, but at Berkowitz’ pre-preliminary hearing Aug. 5, the court asked Probation to conduct a bail review and make a recommendation, which was done. A short time later, Berkowitz’ bail was increased again to $500,000, said Deputy District Attorney Felicia Nagle, who’s now handling the case. When Berkowitz’ public defender made a motion to reduce bail, which was heard on Aug. 21, Nagle was out of the office and Deputy D.A. Art Norris had to step in, offering a basic objection to the reduction. Oberholzer ruled that without a basis to keep bail higher, he had to go with the amount listed in the bail schedule. It’s true that Norris wasn’t able to give a heart-wrenching objection with all the specifics. But here’s a thought: Oberholzer could have opened the file and seen that bail had already been bumped by previous courts, which did have more details. Instead, he cut it to $250,000. Berkowitz posted bond and he’s out. The victim’s mother told us she was outraged. So am I. And not just by how Oberholzer handled this particular case. I looked over the bail schedule and it’s all over the place with no rhyme or reason for amounts. Each county’s judges set the schedule annually based on what guidelines, I’m not sure. More importantly, rape and other crimes against women (we are most often the victims of certain crimes) are unconscionably low. Bail for a charge of rape in Kern County is $50,000. It’s the same amount for using false documents to conceal citizenship, campaign violations, vandalism to a church or cemetery, interference with civil rights, false personation of another, and so on. Come on, bail for rape should be far higher. At least as high as “threats to the life of an official or judge,” which carries a $100,000 bail. A random sampling of bail schedules in other counties showed Kern is in line with valley counties, but we’re low in comparison with others including Los Angeles, Ventura, San Francisco and Sacramento, which all set bail at either $100,000 or $150,000 for a rape charge. Isn’t protecting women just as important here? As you can tell, I still haven’t gotten over the fact that Robert Fuller was arrested and allowed to bail out twice for violating the restraining order against him by his estranged wife, Annette Sowders. His total bail was only $12,500 — $5,000 for one trip to jail and $7,000 for the next with $500 thrown in for a vandalism charge. (The schedule, by the way, sets bail for violating a restraining order at $10,000, so I’m not sure why his were lower even than that low amount.) Four days after he bailed out the last time, Fuller is accused of killing Sowders and her mother, Sharon Cannon, in their home. Seems all Kern's "tough on crime" talk is just talk when it comes to brutalizing women. Opinions expressed in this column are those of Lois Henry, not The Bakersfield Californian. Her column appears Wednesdays and Sundays. Comment at people.bakersfield.com/home/Blog/noholdsbarred, call her at 395-7373 or e-mail lhenry@bakersfield.com 17 comments from 15 users
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posted by
theoppressedone
on Sep 1, 2009 at 06:46 PM
If you remember correctly, this is not the first tome Oberholzer has let a high profile case or inmate walk free, out the old "Department 5" door of (in)justice. I want to say this happened in 2000/2001 with a BPD murder case. Oberholzer threw out the confession, on the grounds of coercion. I though this guy retired. I hope in the intrest of public safety, this guy doesn't rape anyone else. posted by
theoppressedone
on Sep 1, 2009 at 06:47 PM
and sorry about my lack of proofreading posted by
ALICEN
on Sep 1, 2009 at 06:52 PM
Lois, I live in the Midwest, but this is a universal -- or at least national -- problem. Bail is even set low (in my opinion) in child predator cases. It seems as though it's always open season on women and children. Didn't the women of the 1960's already do something about that? How quickly "they" must forget. posted by
midterm2
on Sep 1, 2009 at 07:50 PM
Lois: Check the bail schedule in San Joaquin County. Across the board, the bails are substantially higher than they are here in Kern County. posted by
siouxcityranch
on Sep 1, 2009 at 07:59 PM
ahhh let 'im walk..gives people a better chance at neutering the ignorant mmmmpphhhh tard..if that was one of my girls he would suffer more out..than in...i hope she has lots of friends at school and they go visit the sicko perp..tie him down and smash his ahh huhs so he cant ever do something like this again.. hows that for a hint kids *GRIN*
posted by
ednpatc
on Sep 2, 2009 at 06:58 AM
When Berkowitz’ public defender made a motion to reduce bail, which was heard on Aug. 21, Nagle was out of the office and Deputy D.A. Art Norris had to step in, offering a basic objection to the reduction. Oberholzer ruled that without a basis to keep bail higher, he had to go with the amount listed in the bail schedule. It’s true that Norris wasn’t able to give a heart-wrenching objection with all the specifics. But here’s a thought: Oberholzer could have opened the file and seen that bail had already been bumped by previous courts, which did have more details.
Could not have the Deputy DA Also have opened the file ?? Lets not lay all the blame on Oberholzer, the DA'S office also needs to get a percentage for their own work ethics..... posted by
PaladinGirl
on Sep 2, 2009 at 09:32 AM
Lois, once again, you have opened the closet into the City of Bako and County of Kern and exposed many of the skeletons stacked in there. The recent article written about City Fire and once again pulling back the curtain on the errors in our judicial system. I have always felt that coming to Kern County is like stepping back in time. We may no longer tie our horses outside the downtown saloon, but don't assume that we are the modern metropolis that we pretend to be. Many of our city and county leaders are part of the good ol' boy system and when there is the slightest hint of trouble, they circle the wagons. I have always been proud to live in Bakersfield, believing in the greater good that I see on a daily basis, however I am often ashamed of the antics demonstrated by "leaders" of our community. I pray that Berkowitz appears at all of his upcoming hearings and doesn't take this opportunity to run like our illustrious Dr. Kenneth Frank.....remember there is a victim that needs the kind of closure that only the court process can provide. I also pray that Berkowitz doesn't see his freedom as his last opportunity to fulfill his other twisted fantasies....trust me, this sexual assault he committed is just the tip of the iceberg on what he is capable of....
posted by
ghostriter
on Sep 2, 2009 at 10:28 AM
Crimes involving money always seem to be punished more harshly in this country than are crimes against people. Skewed priorities. posted by
hotrod1
on Sep 2, 2009 at 12:37 PM
I remember a time when rape was punishable by death. When the death penalty disappeared, rapes went up. Hmmm posted by
marvalden
on Sep 2, 2009 at 01:27 PM
Overhoser did NOT have to adjust the bail! He could very well have left it as it was! It is just my own personal opinion, but maybe he sympathizes with the defendant, even shares his "interests"? Either way, this entire country is way too soft of sexual predators! Look at the Jaycee Dugard case, he was a repeat offender let out of prison early and then not properly supervised! I have a solution: Take the money the US spends on prisons and supporting these rapists, child molesters, and violent predators and fortify one of our many Islands that the US owns and uses, or used, for testing nukes and other things, to where no one can get off that island. Surround it with several 20 foot high electrified fences, separated by land mines. Have armed gun towers (like prisons already have) with a few armed gunboats patrolling the waters. We could plant crops, provide it with livestock (cows, chickens, etc) and build a few hundred barracks. Then take anyone convicted of violence or acts against children or sex crimes and drop them onto this island and let them fend for themselves. When their sentence is up, (unless it's life without) if they are still alive, let them back out. The sentence for all sex crimes, especially against our children, should be life. Prisons are tough, but not like they used to be. Now, sex offenders and child abusers are put on "Special Needs Yards", or protective custody, for their safety. They live fairly well, with very little chance of being taught a lesson. They are treated better inside than many have it outside. So, there is no reason for them to fear being arrested again because they know when they go back to prison it will be back to a safe place to vacation with other sick bastards like themselves, so they can learn from more experienced pervs how to be a better perv. They share info, such as contact info of other likeminded scumbags so they can hook up when they get out and have a fresh supply of victims. If they knew that the "Island" was what awaited them when they get caught, with no guards to protect them, no staff to feed them and tend to their every need, the recidivism rate would plummet! But, we are a civilized nation, that believes in treating sick scumbags as good or better than we treat our homeless, our veterans or even the victims themselves. Do we give the victims free food, medical, dental, housing, etc. for the next 10 to 20 years while their attackers sit in prison? Do we provide the victims with armed guards to keep them safe? When we treat the criminal better than we do non-criminals, there is something wrong with the “justice system”, something very wrong with our civilized society. Have we become “so” civilized that in effect we have made it easier for these scumbags to commit their crimes? And if so, what amount of blame must we accept? If you are not a part of the solution, you are a part of the problem! The solution?Bring on the “Island”! We, as taxpaying citizens, need to DEMAND of our politicians that the penalty for sexual predators who go after our children be a mandatory life sentence with no parole, or even better, death. posted by
NancyII
on Sep 2, 2009 at 01:40 PM
Bail is not meant to be punishment, it's only purpose is to ensure the defendant show up at court. The benefit of setting it high of course, is that hopefully the person won't have the money or resources to "bail out" and re-offend while out. As much as I'd like to see this guy "swing", he still gets his day in court and that is supposedly guaranteed by the bail he posted. I'm curious as to where he got the cash to bail. I thought it was something like 10% of the assigned bail through a bondsman. Did he own his home and use it for collateral or do they make that kind of money? posted by
dmsdms93304
on Sep 2, 2009 at 03:28 PM
I cannot tell you the amount of pain this county can bring you if you are an abused woman. I ought to know since my ex husband was a KCSD son, this county decided that 2 broken ribs, a busted nose and threats on my life weren't enough to arrest and convict the son of a sheriff so after being strangled, flung over his 6'5" frame (I am 5'5" tall) upside down I bit the sob and they arrested me, took me to a jury trial and EVEN AFTER I WAS ACQUITTED (jury was out all of 5-7 minutes), this wonderful county garnished my wages and made me pay for it. I am lucky that I am not dead. posted by
ghostriter
on Sep 2, 2009 at 04:30 PM
dms...welcome to Kern county "justice". I am sorry you went through that; no one should have to tolerate that type of treatment. I am further sorry that it happened here, where justice depends on what you do, who you know or how much you have. posted by
Charlie107
on Sep 2, 2009 at 04:44 PM
I think it is outrageous that this mewspaper hosts a blog wherein writiers such as marvalden can insinutate that a Superior Court Judge is a child molester. Remove that slanderous post !! posted by
JDubois
on Sep 2, 2009 at 09:21 PM
dmsdms93304- outlandish claims. Let's see some proof. Why are you the only defendant in America found not guilty and then fined for it? Why would you, who allegedly have close ties to a deputy, refer to him as a "son of a sheriff" when every other deputy and his family knows there's only one sheriff- the rest are deputies and are never referred to as "a sheriff." Why are you the only one who says "KCSD" when everybody else familiar with it calls it the KCSO? Nonsense. posted by
Franklin0908
on Sep 14, 2009 at 06:55 PM
Full Story of Wife being raped (Jul 29th)
Message
I thought that you reading everything in one story would get all the facts across. There are a number a factors behind the delay in reporting this crime and it's all stated below. I was told that I had to do a Courtesy Report with the Police Department in my town. Once completed(7 Aug), the report was sent to Sgt Randy Robinson 2 days later(9 Aug). I kept calling Sgt Robinson to inform him that the report was there. He continuously denied receiving it. I went back and forth with the Oceanside PD to verify the completion of the report. And they provided proof that the report was sent at 1:26 pm on the 9th and again 4:16 on the 12th. Sgt Robinson finally admitted that the report was there but never transferred to the Bakersfield format and never printed off. That was August 17th, 10 days after the report was filed. Sgt Robinson apologized and said that he would have a Detective contact my wife in the next 2 days. I requested that he try to hurry because of the delay w/ the report and to let her tell the complete story because the Oceanside PD just asked questions and my wife felt that she didn’t get all the facts out. That night, a Detective Onesky called twice to question my wife. Once again my wife felt that she wasn’t able to get all the information out and was getting frustrated. Three days later w/out hearing anything, I called Sgt Robinson and left a voice mail message requesting a status. And to provide some amplifying info that my wife wanted to pass. I again call on Thursday afternoon because we hadn’t heard anything back. Sometime later, Detective Onesky called my wife to inform her that she needed to tell me to stop calling. Sgt Robinson had passed to him that I had been “Calling a lot and need to stop!” He also, told my wife the Rape Investigation was more or less closed because the Suspect and the Suspects wife refused to talk. Therefore my wife should just DROP IT! She wouldn’t want to put herself through a court hearing where there was just a HE said, SHE said. It would be an almost guarantee that she would loose and go through it all for nothing. Here’s my complaint. My wife was raped! Telling the facts over and over and not having the Police do anything because they can’t find the report is very frustrating. So, I stepped in to be the middle man to protect my wife. Doing so, the Sgt wouldn’t call me back. He had his Detective call my wife to tell me to stop calling. (I didn’t know 2 phone calls where a lot.) Also, the Detective basically convinced my wife that She had NO HOPE with the investigation!! The man that raped her only has to stay silent. She then turns to me a STATES THAT SHE WAS GOING TO KILL HERSELF!!! I really appreciate these 2 Professionals and the way they handled this case. What ever happened to instilling confidence and to protect and Serve? What ever happened to arresting a suspect once he was accused of a crime. Then searching the scene for evidence and reading the e-mails from the Suspects wife that states sex did occurred. Neither of these were been done. A Lawyer for the DA's office also called and politely re-inforced the decision by explaining the rules. I want everybody out there to read this next portion twice. That way it will hopefully sink in and you'll understand California's Backward Laws. The Lawyer stated " Even if the Suspect walked into the Police station and Confessed to Drugging, hitting the victim over the head causing a concussion and then Raping her. California Law prohibits charges being filed because there is NO EVIDENCE!" Below are the facts of the case: My wife(Sara ) stated that she was out w/ a friend (Misty ) to celebrate her upcoming Birthday and they met up w/ the friends husband(Brent ) after dinner. Sometime w/in the first hour she started to black out and has only spotty memories of the evening to include non-stop throwing up, numbness and weakness running through her entire body, a burning sensation in her hands an intense dream of sex w/ me, her Husband. Throughout the night she remember bits and pieces as if it was a dream. To include laying on a bathroom floor throwing up, and talking to me. She remembers waking up and her legs where up and someone was having sex with her. Her comments were “ Baby, what are you doing, your going to get into trouble for coming home again.” My wife said that she had a dream that I came home from work to surprise her again for her Birthday. She blacks out again. She then remembers saying “NO, STOP!! Your going to get me pregnant! The voice answers “Don’t worry, I’ll get a condom.” 2 reason’s that this is wrong. My wife and I have been together since she was 19. I took her virginity and she had never been with anyone else. Also, we don’t use condoms because she gets sick from them and spends the next month and a half in and out of the hospital. She has an allergic reaction to them. Therefore, she wouldn’t ever ask for one!! She blacks out again and wakes up face down w/ the individual behind her. Where he states” I’m going to F--- you all night long.” She again blacks out.. Later she is shaking partially awake and hears someone asking her “Where are your underwear Sara. Put your underwear on!” She wakes up a little later to find the she doesn’t have any underwear on and doesn’t remember where she is or what happened. She just knows and feels something has happened. Her body is numb and weak, she can hardly move her head and her hands are tingling. She realized that she was in Misty and Brent’s guest bedroom(Seven Oaks). She is still throwing up and calls out for Misty. Misty finally comes in and Sara tells her that she thinks that I was there and we had sex. Misty tells her that it must have been a wild dream. Sara was adamant that something happened and she had sex with someone. And she thinks that it was Brent. Misty states that it must have been a dream and she told Sara the events of the evening. These events my Wife has no memory of. Eating a Pizza before they came home. Drinking a Shot. Ordering a Pear Cyder. Hitting her head twice on the side of a Taxi which later we found out she had a concussion. Laying on the Bathroom floor at Misty’s house throwing up for a couple of hours. Being cleaned up, dressed and put into the guest bedroom by Misty and Brent putting a trash can beside the bed. Also, no memory of consenting to sex. Misty also, told my wife that she and Brent sat downstairs (while she was puking in the bathroom) in their Bar commenting on how “they had never seen her like that. It was as if the lights were on but nobody was home.” She also, stated that Brent locked up the house and they both went to bed together. Misty then proceeds to leave for a hair appointment, leaving my wife in the same house with the guy that she thinks just raped her. My wife didn’t want to believe it but she needed to ask Brent. So she did, He stated, “No way, it must have been a dream. You’re completely safe here and you’re like family. You can come and go whenever” Talking with Misty for the next 4 days my wife was starting to believe that it couldn’t of happened and she didn’t want to believe it happened either, but she was still throwing up and her head hurt. So she informed Misty that she was going to the hospital to get checked. Sometime during the hospital visit. Misty informed Brent and he finally stated that he had consensual sex with my wife. Misty didn’t call or return any of my wife’s calls for another 4 days. That’s 8 days since the event and my wife had no knowledge or reason to be checked for rape or drugs. She was only checked for a concussion. Which she did have one. Misty informed my wife through an e-mail. Stating” that she couldn’t believe that my wife had offered herself to her husband and he accepted. Sometime that night Brent states that my wife and he made a plan to have sex when they got home. Misty also said that Brent found my wife in the hallway of the house wondering and put her back in bed. That’s when he states they had consensual sex in the guest bedroom. All of these details don’t make since to me. If a plan was made to meet up for sex and then my wife ends up to wasted or drugged and has to be cleaned up and put to bed w/ a trash can. How and where does consent come into play? My wife came home that night to Oceanside California and told me. I took her to the Oceanside PD (7 Aug)and the Emergency room to be checked again. Police Report made and facts are above at the beginning. As for the Emergency room. My wife is currently under going an antibiotic treatment for an infection from the spermicidal fluid in a condom. She is now under going counseling for Rape and for having Suicidal thoughts. All I’m asking is for someone please help my wife and I find some type of peace from this. To-date, this entire Police experience has been beyond a nightmare. I’m still waiting for anybody to tell me anything. posted by
jfrancais
on Sep 14, 2009 at 07:11 PM
Wow... I hope you and your wife can resolve this. Based on the timing and the way the events unfolded, the odds are stacked against you. With friends like that...
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