11/10/2005 10:14pm, #1
- Join Date
- Sep 2005
- Minneapolis, Minnesota
Teen strip-searched at Bullitt McDonald's
Wednesday, November 2, 2005
Hoax victim opposes plea deal
Teen strip-searched at Bullitt McDonald's
By Andrew Wolfson
A teenager who was strip-searched in April 2004 at the Mount Washington McDonald's where she worked is objecting to terms of the plea bargain struck for the man who admitted sexually humiliating her.
As part of the agreement, Walter Nix Jr., 43, pleaded guilty last month to unlawful imprisonment and sexual misconduct, and was to be sentenced today in Bullitt Circuit Court to one year's probation under those charges.
But Louise Ogborn, 19, who was forced to sodomize Nix as part of telephone hoax at the store on April 9, 2004, objects to portions of the deal that allowed him to deny wrongdoing and to avoid registering as a sex offender, according to lawyers for both sides.
"The deal will not go through," said William C. Boone Jr., Ogborn's co-counsel.
Nix's lawyer, Kathleen Schmidt, said she will ask Judge Tom Waller to enforce the plea agreement today. If he doesn't, Nix will have the option of withdrawing his plea and going to trial, or accepting an agreement with harsher terms. Nix had been charged with sodomy and assault, which carry penalties of up to 20 years in prison.
Commonwealth's Attorney Mike Mann declined to comment on whether a new deal has been worked out, but he confirmed that Ogborn and her family expressed misgivings about the plea agreement when he met with them Saturday.
Steven Yater, Ogborn's other lawyer, acknowledged in an interview that he and Boone failed to tell their client about some terms of the agreement, including one that allowed Nix to enter an Alford plea, in which he maintained his innocence but admitted there was enough evidence to convict him.
Nix has claimed he was duped into humiliating Ogborn by a man who called the McDonald's pretending to be a police officer investigating a theft. Nix was engaged at the time to the store's assistant manager, Donna Jean Summers, who, at the behest of the caller, had taken away Ogborn's clothes before calling Nix in to help watch the teen.
Nix has said the man on the phone ordered him to direct Ogborn to do exercises in the nude and perform oral sex on him. He said he also slapped her several times on the buttocks at the direction of the caller.
Ogborn was detained for nearly four hours in the hoax, which was one of 70 perpetrated in 32 states from 1995 through last year. A private prison guard, David N. Stewart, of Fountain, Fla., was charged in July 2004 with impersonating a police officer and soliciting sodomy in the Mount Washington case. He has pleaded not guilty and is set for trial Dec. 13.
Summers, who was fired, is charged with unlawful imprisonment, a misdemeanor, and her trial is scheduled for Dec. 7. She also has pleaded not guilty.
Although Ogborn has agreed to probation for Nix, Yater said she objects to his contention that he was just following orders.
"That is the defense made by Germans at Nuremburg," Yater said. "You could be fooled into some of the things he did, but not sodomy."
In other developments:
ABC Primetime is scheduled to broadcast a segment Nov. 10 about the Mount Washington case, according to Yater, who said Ogborn was interviewed for it last week by a producer and reporter John Quinones.
Yater said efforts failed Monday to mediate a settlement of Ogborn's civil lawsuit, in which she alleges that McDonald's failed to warn her and other employees at the company-owned Mount Washington store about previous hoaxes.
An attorney for McDonald's, W. R. "Pat" Patterson Jr., confirmed that the mediation was unsuccessful. A corporate spokesman for McDonald's, Bill Whitman, would say only that "we are open to further discussions with the plaintiff and her legal counsel."
Managers of at least 17 McDonald's stores already had been conned by the time Ogborn was strip-searched, and the company was defending itself in at least four lawsuits stemming from such hoaxes, The Courier-Journal has reported.
McDonald's has denied liability and said Ogborn should have realized that the caller was not a police officer. The company also has filed civil claims against Stewart and Nix.
I'm watching the Primetime special right now...I hate things like this...what's more disgusting is that Summers is lying about not seeing her in the nude when in the survelence camera caught her looking at her in the nude.
Last edited by blargle; 11/10/2005 10:20pm at .
11/11/2005 2:27am, #2
Oh god . . . This is Bullit County KENTUCKY, isn't it? GREAT. That's just what Louisville needs (Bullit County is about 10 minutes away from my apartment).
11/11/2005 3:15am, #3
Man you would have to be a dumb **** to just go fudge-mining someone becasue someone on the phone said he was totally, really a cop. This person deserves to go to jail, where he should be made to tend to molten pools of animal fat until the splatters have marred his face and he stinks of bad food always.
But then I guess the only difference for him would be which end of the sodomy he was on.
11/11/2005 3:43am, #4
11/11/2005 4:06am, #5
Uh... maybe it's because I don't get your Kentucky humor, but what the hell is that supposed to mean?
11/11/2005 4:15am, #6
11/11/2005 4:24am, #7
No I see them clearly.... I still don't get it... Maybe you're just not funny? :)
11/11/2005 4:25am, #8
11/11/2005 5:00am, #9
Sorry about killing your joke... may this be a lesson possibly learned.
11/11/2005 6:53am, #10
So, SHE was forced to sodomize HIM?
Cute.That civilisation may not sink,
Its great battle lost,
Quiet the dog, tether the pony
To a distant post;
Our master Caesar is in the tent
Where the maps are spread,
His eyes fixed upon nothing,
A hand under his head.
- W.B. Yeats