Plea Bargains

Problem: Criminals are able to plea bargain down their charges.


Even more are able to keep their true crimes under wraps until it's too late to hold them accountable (like in our case.) Massive sexual predators are grossly mismanaged in the legal system. In our case, Patrick didn't divulge the extent of his criminal actions until he was covered, legally speaking, with a plea agreement. He was able to freely describe in detail what he had done and the deviant acts he had been involved in without fear of further prosecution as it pertained to our specific case. This is just not right.

Common reasons for plea bargains vary: It may be a lack of evidence that will stand up against a slick lawyer or trying to avoid the victim testifying in front of the abuser. The biggest reason for a plea agreement seems to be money - or really a lack thereof. The government saves so much time and money if a plea agreement is reached.

There are two reasons I have a huge problem with this especially as it pertains to sex offenders; first,  justice is not served, which re-victimizes the survivor of abuse on a different level. Interpretation of the plea agreement by the victim: I, the child, have just been physically violated and psychologically confused and experienced a soul-changing crime, by no fault of my own. But the state needs to belittle the crime committed against me, so they can save money. The second reason I have a problem with plea agreements for child sexual abuse is that, as a society, we truly won't know the potential dangers of the predators if we plea down. 

Level 1 abusers are supposedly not likely to re-offend. Where do they come up with this? Would you like to take that chance with your child?

The offender in our case, Patrick D. Rojas, is considered a LEVEL 2 Sex Offender (which indicates some expectation of re-offending.) I believe it's just a matter of time and opportunity before Patrick re-offends. I believe this blog lessens his opportunity to have access to children, some. 

There is no way to definitely say that a sexual predator will not re-offend. 

Why do we as a society give them time and time again to do more harm? 


I believe there are more survivors of sexual abuse than there are abusers. We need to join together and demand changes in our laws and in the way these deviants are managed! 

Thank You

Bekah and Michele

I consider this project to be very bitter sweet. The bitter is of course what our family had to endure to discover the need that existed at SAIVS. The sweet is the beauty that was created out of ashes. It has been a very emotional week for me as I have reviewed the before and after pictures of the sexual assault center and created the most recent posts. This project was taken on out of love for our family, knowing it was a desire of mine to change the experience that future victims and their families would have at this facility. Other than knowing it was going on I was totally hands-off and didn't know any details. Due to all the complicated relationship issues I, myself, hadn't even seen the finished building until now via the photographs. I have been flooded with various emotions but I have landed on gratefulness! I am so grateful that this transformation was made a reality! Thank you, thank you, thank you.....

_________________________________________________________________

I asked Bekah if she would be willing to write in her own words the reason why she took this project on. I specifically asked her to include details of what was done and the approximate amount of money that the project took to complete and to mention the main people involved in making this possible.


From Rebekah Davidson:

I took on a little piece of a friend's burden. Danielle shared with me the experience of having to take her child to the Kitsap County Sexual Assault Unit. It was depressing, dark and very run down. Not the type of environment to foster a sense of safety or caring for the many families that have to be processed there. Danielle said, "If I ever make it through this ordeal I want to do what I can to make it a more warm, welcoming and safe place for victims and their families." I was a victim of sexual assault as a child. I never told. I felt ashamed like it was my fault. It wasn't until the assault of my dear friend's child that I told of my experience. I'm still not sure why I felt like I could finally talk about it. I felt angry and devastated that this happened to my friend's child, to me and many other thousands of people every year. Taking on just a little piece of my friend's burden was something I could do to work through the pain of her family's experience along with my own. And hopefully make other families more comfortable while having to be at the SAIVS unit.  Originally, I envisioned I would go in and try to just spruce things up. But on my first visit I saw a much bigger challenge. There were too many things that needed attention. From the dim lighting to the musty smell. Chipped paint and stained carpet and old everything, the place needed a major overhaul! How and where could I even begin? My initial thoughts going in were to have my husband and I tackle it in a weekend or two and try to raise a few thousand dollars to cover the expenses. Long story short the whole unit was like opening Pandora's box! I knew that this was much bigger than what I could achieve alone. I started asking friends and family if they'd be willing to donate their time and resources to help. The response was all positive! As I started to take pictures and make a list of what needed to be done by priority order I realized I needed professional advise. I contacted Michele of Michele Interior's. She had done several remodel projects at my home and I knew she would be a great help. I also contacted my sister-in-law, Donna Moreland. She was invaluable in giving financial advise and directing me to resources that provided grants towards the project.  Here are a few of the things we were able to improve: New carpet on the stairs and all upper level offices New paint on entire interior upper and lower levels  New paint on exterior  Landscape overhaul with major clean up of parking areas  New ceiling tiles to replace broken and stained tiles  New blinds on all lower windows Beautiful mural in the childrens waiting room  New flat panel T.V.'s (dvd player for the children's) adult waiting rooms  New toys and books for children's waiting room  Local photographs and art for conference room and adult and general waiting rooms  New flooring in 4 existing bathrooms  Changing station for waiting room bathroom  New furniture for many areas in the lower level  New lamps to provide a softer more welcoming atmosphere  New sound proofing and rewiring of victim interview room  New paint, carpet, wall decor and furniture for victim interview room  New area rugs and furniture for general waiting room and adult waiting room  Entire new kitchen including all new cabinets and cork flooring  New table and chairs, art and lighting for kitchen  Kitchen supplies to provide snacks etc for meetings with staff and victims and their families waiting for interviews or trial  The list goes on and on..........we were even able to procure supplies for victims that need food or other necessities on an emergency basis. The entire project took almost two years from start to finish with details too numerous to list that could have only been accomplished by a host of faithful volunteers and local businesses. Much of the work had to be done at night or on weekends so as not to interfere with the operation of the center and so that victims and their families had the privacy they needed. I am so grateful for the thousands of working hours that so many gave. I'm also grateful for all the funding for this project. All tolled the project totaled just over $100,000.00. A far cry from my original thought of a few thousand dollars! A burden shared turned into a vision and desire to provide a welcoming, safe place for victims and their families to be able to work through the agony and ugliness of sexual abuse. My thanks goes to Danielle for sharing her burden with me and that so many were able to participate in a tangible and practical way to show care for her family and many others. Special mention must be made of: Josh and Donna Moreland and family, The A.Y. Petter Donor Advised fund, The Seattle Foundation, The Kitsap community Foundation, and several anonymous donors. It couldn't have happened without them!

From Michele of Michele Interiors:

I was approached by a client who became a dear friend about providing some design guidance for a facility that was used to help children who are victims of sexual assault. I was surprised that she would even be aware that a place like SAIVS even existed.  I was probably like a lot of people who didn't even realize how great the need is for places like SAIVS.  When I heard how her life, and the life of her very close friend were affected by a sexual predator, I knew I had to get involved. 

How many of us that count our blessings every day and have nothing like this to puncture our daily lives even give this a second thought in our "safe" community?  Probably very few if any.  The truth is, unless we know someone who's come out with their story or we've been part of one, we all either choose to ignore it's there or are blissfully unaware of it.  Getting involved with SAIVS was my way of helping families start to find an end to their trials. To provide the brave victims and victim advocates with an environment that was uplifting and promised hope and safety.  

It reminded me every day how very blessed I am and how you NEVER know the pain that your friend, neighbor, colleague, acquaintance or stranger that you meet may be suffering.  Because until they are brave enough to come out with their story, no one knows...  and when they ARE brave enough to come out, there is SAIVS.

A Comment from Donna Moreland:

Now I am crying also, Danielle. They are healing tears, for sure. So grateful for your faithfulness. Your friend Bekah did a fantastic job of rallying the troops to get the job done. So many volunteers, dedicating so many hours; so much talent and skill going into the project. What a transformation! Knowing that one out of four women, and one out of eight men have been victims of sexual abuse; not to mention additional victims of violent, physical abuse ... knowing the numbers of good people who have come through the doors at SAIVS ... I praise God for the change that you initiated here in Kitsap county to change the experience of the victim. You have given hope to each person who comes in the door, and additionally to the people who work there. Words can not adequately express how grateful I am to have played a part in the transformation of this facility which serves so many in Kitsap county. Trusting that God will continue to bless and multiply your efforts. 

Beauty From Ashes

Special Assault Investigations and Victim's Services - S.A.I.V.S.

From our experience, one thing I wanted to do someday was return to the Special Assault building and give it a face lift. I expressed this desire to a few of my friends early on. One of my friends took this to heart and asked if I minded if she took on the task. Would I mind? I would be delighted! At that time I wasn't in a place myself to take in on. To this day I haven't been able to return to the building to see it in person.

Now you can see for yourself that my description of this place as being  cold and unfriendly is true.

S.A.I.V.S. building before the remodel

Waiting room for children & parents

Waiting room for children & parents 

Conference room

Conference room for attorneys & advocates

Adult waiting room

Kitchen area 

The interview room. Where a specialist interviews and video tapes the child victim when they talk about their experience.

Remodeled S.A.I.V.S. Building

New adult waiting area

New wait area outside offices

New wait area for children & parents

New conference room for meetings

New reception/wait area

New kitchen area stocked with supplies

New Child Interview Room

New Child Interview Room

New Child Interview Room After the Remodel

I cried when I saw the stark difference from the room my child had to enter to this welcoming room. 

Main financial supporters of this project

*My next post will explain why this project was taken on, by whom, along with more of my thoughts.
*Thank you for supplying me with pictures, Michele from Michele Interiors and Bekah.

Patrick Rojas's Sentencing Process

Back to our story.....


The day finally came when Patrick would be sentenced, July 2007.

A few days prior to Patrick's sentencing, our child expressed a desire to attend the hearing. I panicked! But so much of what had gone on was completely out of this child's control. I decided I would at least talk to Eric about it and then called our counselor. This was one opportunity in all of this for this child to control something, even if it was just whether they wanted to attend the hearing or not.

I called the counselor and we had a lengthy conversation. The counselor felt our child was strong enough emotionally to attend the hearing and that it might be a real healing experience. The counselor decided to attend as well in case anything unexpected happened. The sentencing would be the first time our child would see Patrick Rojas since we reported his crimes.

We were ushered into the courthouse by the child advocate. As we exited the elevator, the first thing I saw was Kathy Rojas praying on a bench with someone. I have always wondered what could she possibly been praying (especially since she knew her son was a guilty pedophile.) Would she actually pray for God to keep secret her son's crimes? As we proceeded down the hallway towards the courtroom I saw Patrick Rojas, Eddie Rojas, and the lawyer huddled in the corner. We went into a side room until it was closer to the start of the sentencing. The courtroom was packed. The judge even had people sitting up in the jurors area.

It was at the courthouse when the prosecutor told us there was a last minute request from Patrick's lawyer for a change of judge. Only the defendant can request a change in the judge. Instead of having a judge that regularly presided over similar types of cases, our case was now going before a judge that routinely sat over traffic violations. Unbelievable? Yes.

Judge Daniel Philips was now presiding over our case. He had literally just been handed our case files, which included a 40-page sexual-psycho evaluation that contained very relevant information. To say that Judge W. Daniel Phillips was outrageous is an understatement. I lost any confidence in the court when the judge was suggesting that he would pass sentencing on Patrick without even taking the time to read Patrick's court ordered sexual psycho evaluation. It took a lot of bantering back and forth between lawyers to hold off final sentencing for one week.  

We had been told by the prosecutor to prepare a statement to read to the judge. The prosecutor suggested we have our statement written out, because she has seen too many people freeze up in the moment when they hadn't prepared a written statement and after the fact wished they had remembered to make certain points. We were told that anyone could address the judge and make statements. I asked the prosecutor if we should ask people to make statements on our behalf. She stated it would be good to have the child's grandparents have a statement along with us. The prosecutor didn't want to have a room full of people with prepared statements because some judges don't like that. Eric and I decided to ask my parents and two family friends to have a statement prepared. I told anyone who I knew who was planning to attend the sentencing that anyone was welcomed to address the judge, but that we had specifically asked three different families to speak.

A lot of people from the church were concerned about the fact that they would need to pick a side of the courtroom to sit on. They wanted to appear neutral. They didn't want to take sides. That ended up being a moot point because the courtroom was so full people just had to sit where they could find a seat. This attitude as you probably have picked up from previous post was really upsetting to me.


Grandma and Grandpa McBee stood and made a statement. The Dew's and the LLew's also came with a prepared statement to make. We decided that Eric would be the one to make the statement on behalf of our family, but we stood with him. When we were done the judge asked if anyone else wanted to make a statement and there were two individuals that spontaneously stood to make a statement on behalf of us. One of the women I would like to highlight stood and made a very heartfelt emotional statement from the perspective of and adult survivor of childhood sexual abuse.


Now, we had to return to court to find out if the judge would go along with the plea agreement or overrule it, which ended up being, August 17, 2007.


This final sentencing day in court had a very different feel about it. First, we didn't bring our child, there were less people from the church in attendance, and only Eddie and the older boys showed up in court, no Kathy or older girls. 

It was many peoples observation in the courtroom that this judge was very arrogant in his demeanor and speech. On the day of final sentencing the judge began with a lengthy speech that was somewhat offensive at points. One example is when the judge equated a sexual predator to a shop lifter or a drunk driver. That statement bothered quite a few people that were in attendance that day. It showed a minimization of the crimes Patrick D. Rojas committed. I am convinced that Judge Phillips could not have read the evaluation in it's entirety because he just went along with the plea agreement in place.


The judge was the last hope for some kind of justice in our case. The judge did not have the authority to change the charges against Patrick but he did have the authority to over ride the plea agreement and sentence Patrick to the maximum for what he was charged. The maximum jail time for the gross-misdemeanor Patrick was charged with would have been 1 year in county jail.


If the judge would have read the evaluation he would have discovered that Patrick should have been charged with child molestation in the first degree which is a felony that held an 8 to 25 year sentence range. The evaluation held information proving that Patrick had 5 other minor victims. How could the judge just go with the original plea agreement. The original plea agreement was made with the belief that Patrick had kissed our child on the lips only. 


But the judge should have known otherwise from the information in the evaluation. This process was so upsetting. Unjust! Maddening!


*From the information I gathered Judge W. Daniel Phillips retired in March 2009. 


*This was from numerous posts:
Sentencing, Sentencing (cont.)7/26/09, Sentencing (cont.) 7/27/09 and The Judge

Another Blow To My Heart

From "Unbelievable" post. 

This week I was contacted and warned that a long-time friend (whom I have not recently been in contact with since I learned her son was a convicted level 1 sex offender) has been regularly having e-mail exchanges with Kathy Rojas. I know in my head people actually support what Eddie and Kathy Rojas are doing, but in no way can I justify their reasoning for the support. To see that someone who has known my family for years and knows our child very well is actively supporting these criminals (remember, there is a felony warrant out on Eddie Rojas) is another blow to my heart.

I could not just let this one go. I made contact with this person. I sent her the post "What Eddie Knew" along with a somewhat short inbox message on facebook that did have a snotty comment in it.

Here is her response: ( I am leaving in her son's name because he is a registered level 1 sex offender)

No, I had no idea. Just sent her my love. Jesus loves her, and so do I. I also love you. Jesus wants healing for all of us. Not hatred, but forgiveness. The comment about the support group was uncalled for. No, we are not. Remember, Zeke confessed all, he and we hid nothing. His offense was minimal and it is over now. We only shared it with close people who could support and pray for us, not those who would gossip. I pray Jesus puts your life back together and makes it better than before. In Joel, He promises to give us back 7 fold of what Satan has stolen!! I believe that for you, because he is doing that for me. God's blessings to you and your family.

I wanted to reply with, "You drank the kool-aid!" Instead, I really thought about my response. I want to share this on my blog because I want the people reading this, that may not grasp the mindset of the people supporting the Rojas family, to have a glimpse inside. It makes me crazy how these individuals twist the word of God to explain their denial of a criminal situation. But if you were to wear too short of a skirt or watch a "questionable movie" these individuals would judge you all the way to hell.

This was my response:

Wow, what Bible are you reading? God is not only a God of love. He is also a God that seeks righteousness, justice, a God of wrath. This same God of love has special scriptures in the Bible set aside for those who hurt his children.

You have never contacted our family to check on our child. Yet you want the Rojas's to know you love them.

When I told you what happened in our family, your very first response was, "They better get a good lawyer. The state will be out to get Patrick." Did it ever occur to you that maybe Patrick committed a crime and deserved a consequence?

Do you not get what taking the Rojas girls in hiding is teaching them? It teaches them it is more important to protect your pedophile brother who molested you over and over-over many, many years. But because he cried and said he was repentant (yet again), Patrick shouldn't face the authorities (the same authorities in the Bible we are told to obey) and accept the consequences for his previous crimes.

This would have also hopefully lead to the girls getting the help and support they need to properly start their healing process. Instead of having a warped twisted view of who God is. Have you considered maybe, just maybe, Eddie and Kathy are in sin/breaking the law. What else are they hiding? It is not gossip to ask questions and use your brain. Yet, you defer to them and want to let them know you love them. Confusing.

I also know that in spite of what happened in our family, God will bring good in our lives. BUT not because of it! There is a huge difference.

You're right. I do not know the details about Zeke. I guess I was someone you felt would gossip and not support you. Whatever!

What I do know is that whatever he did do warranted criminal charges, that Zeke is a registered sex offender, that he had to attend court-ordered therapy and was on probation, that he was not allowed to be alone with his younger siblings. I know that the state has too much to do and doesn't have the time to trump up charges.

Now I hope for the sake of innocent children that Zeke is no longer a danger, but I would not boast that Zeke is not a possible danger to children in the future. There is no cure for a sex offender. Any level of sexual deviant behavior is life-altering. I am offended that you would minimize sexual abuse. Zeke's success in life will require that he never assumes a life of normalcy. He will need accountability and need to be vigilant. Maybe because he is your son, it is easier to walk that line of denial.

Maybe you do live in the light. Does everyone you interact with that have children know that Zeke is a register sex offender?

You admitted yourself that you only told "people that would support you." How is that not hiding? You never told our family. I will say at least you obeyed the probation rules and did not interact with my family. You always had a convenient excuse why we couldn't get together, but not the truth.

I have minor children and one that was victimized by someone that started out just like Zeke and has parents that sound just like you. He confessed, repented, and now lives life as if it never happened. This is selfish thinking that lead to a victim number six (my child).

I just wanted you to know who and what you support, because now you are fully accountable before the Lord.

Danielle

*I reconsidered deleting this post but still see the value in showing my blog readers how parents of abusers would like to never look back or acknowledge that the sexual deviant person in their life really does need special boundaries to avoid future victims. And I believe as a Christian living in the light in this type of situation is to be honest about the potential danger Zeke poses to children. Zeke is now an adult and has tried to friend myself and two of my children on facebook several times.

Robbed of Innocence

Back to our story...

One of the things that was robbed from my child was learning about the beauty of sexual intimacy in the way God intended. I hadn't even talked with the child that was molested about sexual intimacy or puberty in any detail, yet. This child was so naive to that dimension of life.

My first discussions with this child about sexual intimacy was about a sexual deviant. I had to talk with this child about twisted individuals who do terrible things to children to fulfill disgusting desires. I needed to explain something to the child that they had no frame of reference for. Their first introduction to sexual intimacy was one of darkness.

Nothing can give back the innocence that was stolen by Patrick Rojas. Frankly, his parents, Eddie and Kathy Rojas along with Jairus are also responsible.

Of course I assured my child that they were not responsible in anyway for what had happened. That in no way was this child part of the darkness. Because of the lack of initial understanding this child is highly likely to have a point in their young adulthood of needing to process with a greater understanding what was done to them.

This is only one of the reasons our family can't "just move on" like some people seem to feel we should do. We do move on and then have to deal with something that is directly related and it throws us back, then we need to adjust, deal with whatever and try again to live life........ Denial doesn't change this process, either.

Updated-Psychosexual Evaluation Request Form

I have had some recent inquiries about how to obtain the psychosexual evaluation.  I have an example of how I would suggest the current form be filled out. Link to the pdf - Request For Disclosure of Public Records form. 

If you request this form I would be interested in knowing if you receive a copy. You could leave a comment or personally e-mail me. 

File Number:07-179136-1

Court Case:1791360

Kelly Montgomery Fax number: 1-360-337-7229

Mailing Address:

614 Division St. MS-35

Port Orchard, WA 98366