Tag Archives: #PleaBargain

2011 Jan 05: Ley sentenced for sex abuse of high school exchange student

Oregon Live | By Emily E. Smith | esmith@oregonian.com
updated January 05, 2011 at 9:50 PM

A Beaverton man who sexually abused the high school exchange student he hosted last school yearwas sentenced Wednesday to five years in prison.Craig Steven Ley, 51, facing five counts of first-degree and five counts of second-degree sex abuse, took a plea deal last month and pleaded guilty to four counts of second-degree sex abuse.Washington County Judge Eric Butterfield sentenced Ley Wednesday afternoon, granting the sentence Ley and prosecutors agreed to in the deal.

The victim, a 16-year-old European boy, was living with Ley and attending a Beaverton school as a foreign exchange student when the abuse occurred.

In June 2010, the boy reported months of abuse that began early in his stay with Ley.

Deputy District Attorney Paul Maloney said Ley, an active member of the Beaverton lacrosse community, had hosted exchange students previously, but officials found no evidence of prior abuse.

Maloney described in court Wednesday how the relationship between Ley and his victim quickly escalated to the two sleeping in Ley’s bed every night and having daily sexual contact.

A visitor in a foreign country, the boy “was completely and utterly reliant on the defendant,” Maloney said.

“When he would talk to his parents over Skype,” Maloney said, “the defendant would always be lurking about; he would pop in and out sporadically throughout the phone calls.”

His parents never knew that their son’s host father lived alone, had filed bankruptcy and had a 2004 federal felony mail fraud conviction.

The teen didn’t see his family in person until his aunt came from Germany to visit him at Ley’s home in June 2010, shortly before his high school graduation, Maloney said.

He then admitted to his aunt that he slept in Ley’s bed, and his aunt recognized, “this was not the American dream,” Maloney said.

His aunt took him to CARES Northwest, a program that assesses and treats child abuse, and a criminal investigation began.

Ley pulled off the inappropriate relationship by taking advantage of the victim’s vulnerability, Maloney said, and playing off the behavior as fun and normal.

Defense attorney Devon Fooks said Ley’s actions were less sinister than Maloney described.

Fooks said his client didn’t groom or prey upon the student but leaned on him for emotional support during a troubling year. Ley developed a friendship with the boy that “went too far,” Fooks said.

The abuse didn’t occur daily or “with great frequency,” Fooks added, and sometimes the victim initiated the acts.

While those facts don’t relieve Ley of any responsibility, Fooks said, the abuse was “situational more than predatory.”

Ley addressed the court, offering an apology to his victim and family, and explaining that he genuinely cared for the victim and the previous 18 exchange students he had hosted.

“To hurt anybody who I cared for … in my home – that hurts and tears my heart apart,” he said.

For years Ley and his ex-wife alternated hosting boys and girls each year, he said, and he treated them as he would his own children.

In the 2009-10 school year, Ley said, “I had a difficult time stepping up and being an adult that year.”

Butterfield ordered Ley to register as a sex offender when he is released from prison.

Emily E. Smith


2004 May 17: USA v. Ley Oregon District Court, Case No. 3:03-cr-00576-KI

2008 Jul 18: Programmes Internationaux D’Echanges v. Grijalva: Conspiracy; Defamation; Tortious Interference

2010 Jun 15: Beaverton lacrosse coach arrested on multiple sex abuse counts

2010 Dec 21: Exchange student’s Beaverton host father pleads guilty to sex abuse

2012 May 04: Former director at Ace Academy pleads guilty to sexual assaults on student

By Tom Shortell | The Express-Times

on May 04, 2012 at 12:17 PM, updated May 04, 2012 at 5:23 PM

Express-Times File PhotoRichard Kim, left, walks into district court in Wind Gap with his attorney, Charles W. Gordon.

A director of a foreign exchange academy associated with Pius X High School pleaded guilty today to sexually molesting one of the teenage students under his supervision.

Richard Kim, 34, spoke only in whispers as he entered a guilty plea to Northampton County Judge Leonard Zito to corruption of minors and 17 counts of indecent assault. In return for his plea, the Northampton County District Attorney’s Office agreed to drop 59 other related charges.

Authorities say Kim repeatedly molested a then 13-year-old Korean girl who was attending Pius X High School through Ace Academy USA, the foreign exchange program run by his father, Min Kim. Assistant District Attorney Patricia Broscius said the victim was one of several Korean students living at the Pen Argyl academy. Students kept to a strict regiment of chores, were told not to speak Korean at school and were not allowed to participate in most after-school activities offered at the high school.

Broscius said the victim was struggling to adapt to her surroundings in America, and was scolded by Min Kim, who was called “Daddy Director” by the students, for not smiling enough. The one person she felt close to was Richard Kim, who showed her compassion and made her feel good about herself, Broscius said.

“He was her friend at the school. He was her only friend there,”Broscius said.

Their bond led to one-on-one counseling sessions, Broscius said, but about one month after her arrival in the country, Kim leaned in and kissed her, authorities say. Kim promised not to do it again after the victim pulled away in shock, but the sexual contact gradually escalated to groping and forcing her to perform sexual acts on him, Broscius said.

The contact continued for three months before the victim, who is not Catholic, eventually told a priest during confession at the high school, Broscius said. The priest told her she needed to step forward about the abuse, and the victim alerted her mother back in South Korea what was happening, according to authorities. The mother came to the United State to remove her daughter from the school and informed authorities, Broscius said.

The plea was a stark turnaround for Kim, who vehemently denied the assaults took place when he was first charged. His attorney, Charles Gordon, declined to comment on why his client accepted the plea deal a week before he was scheduled for trial.

The criminal investigation into Richard Kim was hampered by Min Kim, Broscius said. He is under investigation for allegedly telling the other students at Ace to support Richard Kim over the victim, but Broscius would not provide further details. Most of the students at the academy have since left, she said.

A call to Min Kim seeking comment was not immediately returned. Gordon said he is in talks with the elder Kim but does not represent him. He is still listed as a staff member on Pius X High School’s website.

Broscius requested Richard Kim, who was out on bail, be held in Northampton County Prison. She feared that if Kim were allowed to remain out on bail, the remaining students at Ace Academy would be subjected to discipline for their willingness to testify against him. Broscius also said Kim was a flight risk.

“I am certain he has ties to Korea, and I am certain he has the ability and wherewithal to flee the country,” she said.

Gordon dismissed Broscius’ claims, saying Richard Kim has not had any contact with the school since he was charged and has been living in Philadelphia. Richard Kim was born in the United States, attended Penn State University and would be willing to surrender his passport as a show of good faith, he said. Gordon also said Richard Kim had no involvement in any pressure his father may have placed on the other students.

“We agreed the defendant should not be punished for the acts of the father,” Gordon said.

Zito reset Kim’s bail, raising it to 10 percent of $500,000, and ordered Kim to surrender his passport. Court records show Kim made bail, and he is due in court Aug. 3 for sentencing.

Ace Academy has a contract to send its students to Pius X High School through the 2017-18 school year, but Diocese of Allentown spokesman Matt Kerr said the school is reviewing whether to continue its relationship with Ace Academy. At the time the contract was signed, school officials saw the Korean academy as a way to keep the high school afloat as they struggled to keep enrollment up. In 2007, the Korean students made up seven percent of the 212-member student body. This year, enrollment has boomed up to 295, Kerr said.

“School enrollment has grown tremendously in recent years – not just with the Korean community, but overall. I’m sure the school is in a strong position,” he said.

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2011 Jul 07: Ace Academy director accused of sexually assaulting student at the Pen Argyl foreign school

2013 May 30: Probation for VHS coach in deal

Pleaded guilty to lewdness in incident with exchange student

From APP.com:
May 30, 2013

Written by Deborah M. Marko

VINELAND — As part of a plea agreement, a former volunteer Vineland High School assistant girls’ basketball coach pleaded guilty Wednesday to a lewdness offense admitting he exposed himself to a male foreign exchange student at his home.

John T. Kinka is now required to meet with a psychologist for an evaluation and is prohibited from any role in which he volunteers, mentors or coaches anyone under the age of 18 during a one-year probation, according the plea deal reached with the Vineland Municipal Court.

The charge stems from a Jan. 26 incident in which Kinka, who was a volunteer with the ASSE International foreign exchange program, had two visiting students stay at his Vineland home for a weekend.

The teens, assigned to a host family in Delaware, were Kinka’s overnight guests so they could attend a representative training conference in Atlantic County to give testimonials about their foreign exchange experience.

While at his home, the teens charged that Kinka exposed his genitals to one of them, requested to see him naked and unsuccessfully tried to pull down his pants, according to police reports filed about the incident.

After the students fled the home, they were spotted by a police officer about 4 a.m. who took them to the police station where they were picked up by their host family. The host family contacted ASSE officials about the incident, which was not initially reported to the police. ASSE, noting students were initially concerned they would be removed from the exchange program, notified the police about what the teens told them transpired in Kinka’s residence, according to ASSE officials contacted after Kinka’s arrest.

Last year, ASSE officials noted Kinka, a volunteer since the 2007-08 school year, was an organization representative serving as a contact for more than two-dozen students. He had a “exemplary record“ and passed three annual criminal background checks, according the organization’s records.

The Vineland school board removed Kinka as a volunteer coach after his arrest.

Initially, Kinka had entered a not guilty plea to the two counts of lewdness. Standing beside his attorney, Vincent Pancari, in Vineland Municipal Court Wednesday Kinka agreed to retract that.

Under the plea agreement, Kinka pleaded guilty to one charge of lewdness and a second lewdness charge was dismissed.

He was sentenced to one year probation and required to undergo an evaluation by a psychologist. Pancari noted the psychologist would be provided with the police reports and statements of the foreign exchange students.

The psychologist will be asked to determine if Kinka is a danger to himself or others as well as if he is in need of treatment Pancari said. If treatment is deemed necessary, Kinka agreed to complete it.

Kinka was also fined $257 and about $150 in court-related costs.

Municipal Prosecutor Inez Acosta said she spoke to the exchange students, who were present in court, and they told her “that the sentence is appropriate.”

They voiced concern that they didn’t want a similar incident to happen anyone else who might be placed in Kinka’s trust, Acosta said.

Reviewing the plea agreement with Kinka, Pancari asked him if did expose himself to one of the foreign exchange students identified in court by his initials.

“Yes,” Kinka said.

If Kinka should violate the terms of the plea agreement, Pancari explained he would be back to municipal court and could be sentenced on a disorderly person offense that carries the maximum sentence of about a year in jail.

Should Kinka comply with agreement, Pancari noted he could make a motion to vacate the balance of the probation after six months.

Acting Municipal Court Judge Nicholas Lacovara stated that Pancari said his client was “very sorry for this occurrence.”

Lacovara, noting Kinka was a first-time offender, said the sentence was “crafted primarily to make sure this did not happen again.”

Kinka has 20 days to file an appeal. He left court the room and paid his fines. He declined to comment.

An ASSE representative was in the courtroom. She referred inquiries to regional coordinator Sue Nelson, who could not be reached Wednesday evening.

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2013 Jan 31: Coach charged with lewdness

2009 Oct 21: USA: Former Councilman Gets Probation

Tony Licata who was arrested for “pinning down and fondling a foreign exchange student living at his home”  (unlawful restraint) was sentenced (see article below). The article on WFAA.com has been removed.

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Licata Plea Bargains for sentence of 24 months probation and a $386 fine.

October 21, 2009 Colleyville, Texas

Tony Licata former Place 2 Colleyville City Councilman was sentenced yesterday to 24 months probation for unlawfully restraining a teenage foreign ex-change student at his home last year.  Licata was instructed to continue private counseling.  If Licata completes his probation term his conviction will be set aside.

The original arrests warrants the victim’s therapist had first reported the incident to police.  The student was 17 when the incident took place at the Licata home.

The official rendition of the event had Licata having brief contact with the victim in the bedroom when Licata threw her on the bed after “hugging her and fondling her breast.”

He kissed here on the neck and shoulders then apologized for his actions and let the girl leave.

The DA’s office arranged for the victim to call Licata’s cell telephone while being recorded. On the call Licata said he had been instructed not to call her but he was concerned about her welfare and would visit with his wife to determine how best to look after the girl.

Reportedly the foreign exchange officials responsible for the program notified the U.S. State Department and Licata was removed as a volunteer and barred from hosting future students.

Nelson Thibodeaux, Editor
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2009 May: Colleyville Councilman Accused of Fondling Exchange Student
2009 Oct 20: Ex-Colleyville councilman sentenced for unlawful restraint