[JHeath]

http://thenewsdispatch.com/main.asp?Sectio...;ArticleID=4086

WINAMAC, Ind. - Convicted child killer Richard Allen Dobeski, 59, formerly of Michigan City, is back behind bars.

Dobeski was arrested Friday, Aug. 31, exactly 43 years to the day he was sentenced to two life sentences for murder. La Porte County sheriff's deputies, accompanied by Pulaski County officers, searched Dobeski's mobile home in Westville Estates and found enough evidence to arrest him, Pulaski County Prosecutor Stacey L. Mrak said.

An official of the Pulaski County Sheriff's Department confirmed Dobeski had been arrested on multiple charges, including Class C felony attempted criminal confinement and Class D felony enticing a child.

A Class C felony carries a sentence of anywhere from two to eight years and a Class D felony carries a sentence of from six months to three years. Both also carry up to a $10,000 fine.

"These charges are related to incidents that occurred near Monterey, Ind., about 50 miles southeast of Michigan City, where Dobeski is alleged to have offered $50 to a young boy to go with him to a nearby beach to pose for pictures," Mrak said.

The age of the boy has not been released.

Mrak said the investigation thus far hasn't uncovered any reason why Dobeski was in Pulaski County. She said there doesn't appear to be any connection between Dobeski and Pulaski County or a connection between him and the boy.

Westville Deputy Police Chief Rich Oberle had no comment about Dobeski's arrest or the fact that he was living in Westville, adding more information would be available today from the La Porte County prosecutor's office.

A KILLER'S HISTORY

Dobeski was 16 when he was convicted in 1964 and received two life sentences for the slayings of 3-year-old Cary Robert Johnston and his sister, Shawn Elizabeth Johnston, 6, of Long Beach.

The children were found in a crawl space underneath Dobeski's home at 2305 Oakenwald Drive in Long Beach. Cary Johnston had been stabbed multiple times and both hands were tied behind his back. Shawn Johnston was strangled with a cord that was looped around her neck and one of her wrists, according to police reports.

In 1962, a little more than a year before the children were killed, Dobeski spent nearly a year in an Indianapolis psychiatric hospital on suspicion of child molesting.

In 1984, during an appeal, Dobeski cut a deal with then deputy prosecutor Tom Wagner to reduce the life sentence to two 40-year terms. At that time, Rich Schneider, press secretary for then-state Attorney General Jeffrey Modisett said, "The agreement was reached between the deputy prosecutor and Dobeski that the sentence would be reduced to two consecutive 40-year terms if he dropped his post-conviction relief."

A trial court granted the modification and Dobeski was paroled on the first 40-year sentence on May 8, 1987, and began serving the second sentence. Under good time provisions, prisoners can serve half the sentence.

The murdered children's parents, who had moved from the Michigan City area, were unaware Dobeski had been granted a sentence modification. They only learned of it from a friend who read in The News-Dispatch that Dobeski was due before the parole board again in 1993.

Michigan City attorney Donald Pagos was called by the family to help them keep Dobeski behind bars. Pagos, whose legal specialty is appeals on behalf of criminal clients, found himself working the other side in this case.

"It's unusual for me to try and keep people in prison," he said, "but in this case it was deservingly so. As far as the Department of Correction was concerned, that was his sentence and he had a release date."

The Indiana attorney general's office, as well as the La Porte County prosecutor's office, sided with the family in asking the Indiana Court of Appeals to overturn the trial court's 1989 decision.

The slain children's parents filed a motion to have the reduced sentence set aside, and Modisett argued the trial court had no authority to modify Dobeski's sentence. The Court of Appeals ruled the parents had no legal standing to bring such an appeal, but the attorney general did, which represents the state in criminal cases on appeal.

In rendering its decision, the Court of Appeals said, "This Court commends the attorney general for recognizing the trial court's lack of authority to accept Dobeski's sentence modification, even though the modification agreement was sanctioned by a deputy prosecuting attorney at the trial court level.

"Representatives of the state, whatever their status, must remain vigilant to ensure that officers of the court do not exceed their statutory authority, which the attorney general has done in this case."

The court also noted that in 1964, the only sentences authorized for murder in the first degree were death and life imprisonment. The trial court had no authority to approve a sentence that did not comply with the law, the Court ruled.

Pagos said, "The magic to that is even with a life sentence, you are eligible for parole. But with two life sentences, even if they are to run concurrently, it's life without parole."

But the Indiana Supreme Court ruled in November 2000 that Dobeski's new sentencing arrangement must stand, allowing him to be eligible for parole.

RELEASED

In September 2003, Dobeski was released from the Correctional Industrial Facility in Pendleton and make the three-hour trip back to Michigan City. Once back in Michigan City, Dobeski moved into his mother's house on Broadbrook Lane in Village Green on the city's West Side.

He lived there until late last year, when the house was put up for sale, and apparently had moved into a mobile home in Westville Estates just off Indiana 2 on that town's west side.

At the time of the murders in 1964, there was no offender registration. Since the crimes had been committed before these safe guards were put in place, Dobeski did not have to register.

Mrak seemed somewhat confused as to how Dobeski had been allowed to be out of prison after having his two life sentences restored.

"This is one person who should have been kept in prison for the full extent of the sentence," Mrak said.

[Southsider2k12]

Just his mugshot gave me the chills.

[Ang]

Yeah. Talk about heebie-jeebies

[Max Main]

did you notice the part about the convicts who have been sentenced before the notification laws were passed do NOT have to report their abodes? How many caught-and-released people of this ilk are about?

[Southsider2k12]

Its double jeopardy. It would be akin to retrying someone for a crime. It is unconstitutional. I would have to guess that most people with a real problem, don't strike just once, and probably have been convicted again under the new laws.

[Ang]

Well, I don't see what harm there is in making someone convicted before the new law register. If they are a convicted sex offender, they should have to register no matter when they were convicted. It's for the protection of the general public. Who cares about the offenders rights in that case? They committed a sex crime and the world should be aware of it.

[Southsider2k12]

There is no "harm" in in per se, but it is a violation of constiutional rights. The constitution says that you can only be tried once for a crime. The way that is interpretted is that they try and convict you based on whatever the rules are at the time that you commit your crime. To then put a new set of punishments on someone who had already served the stipulations of their conviction would be in effect trying them again for the same crime. It would be considered Double Jeopardy. Granted I would love to see people like this put under the jail, but alas, we can't retroactively punish people with today's laws.

[Ang]

Well, it's not like going to jail again, all they would have to do is register. Just to let the neighbors know a convicted sex offender is living in their neighborhood.

[Southsider2k12]

Registration is still a punishment. It infringes on his liberty. If it wasn't the law at the time of his crime, they just can't do it to him. Its sad for his victims now, but unfortunately that is a loophole in our legal system.

[Ang]

loophole-schmoophole. People like that shouldn't have ANY rights IMO. What about the rights of his victims? Or that boy he solicited since he got out?
I understand people can be rehabilitated, but they should still have to register.

[Southsider2k12]

Today they don't have those rights, because the laws have changed. And trust me I like it. You just can't go back and retroactively enforce it.

Our system places the victims on trial a lot in order to protect the rights of the accused. Think no futher of a rape trial turning into a "she wanted it" trial. Its sick, but that is what happens when the system really means "innocent until proven guilty".

[Southsider2k12]

http://thenewsdispatch.com/main.asp?Sectio...amp;TM=41914.51

Dobeski To Face Local Charges
Convicted child killer molested child, had child pornography, officials say.

Georgette Senter
The News-Dispatch

MICHIGAN CITY - A week after Richard Allen Dobeski was arrested in Pulaski County for allegedly luring children, he was charged in La Porte County for child molesting and possession of child pornography.

This time bond was set at $1 million for the convicted child killer. He remains in jail in Pulaski County on earlier charges.

La Porte County Prosecutor Rob Beckman said Friday that Deputy Prosecutor Jennifer Evans presented evidence at a hearing in Circuit Court

on Friday.

Following that hearing, Judge Thomas J. Alevizos issued warrants naming Dobeski on charges of Class C felony child molesting and Class D felony possession of child pornography. Alevizos set bond at $1 million.

Dobeski, 59, had been living in Westville Estates, 11199 W. Indiana 2, on the west side of Westville since late May. He formerly lived in Michigan City.

Beckman said Dobeski, if found guilty of child molestation, could be sentenced to eight years in prison, while the maximum on the Class D felony possession of child pornography is three years.

Dobeski was arrested Aug. 31 in Pulaski County after authorities there received reports of a man attempting to give $50 to three young boys to accompany him to a secluded lake so he could take their picture.

Pulaski County Prosecutor Stacey Mrak said the boys, ages 9 to 11, immediately went to their parents and pointed Dobeski out to them as the man that had approached them.

Mrak said Dobeski was arrested on Class C attempted criminal confinement and Class D felony enticing

a child.

Beckman wouldn't reveal specifics of the alleged local crimes Friday.

"We had enough to convince the judge to issue warrants for his arrest on these charges here," he said.

In 1964, Dobeski was convicted of murdering Cary Robert Johnston, 3, and his sister, Shawn Elizabeth Johnston, 6, of Long Beach. He was sentenced to two life sentences.

The children were found in a crawl space underneath Dobeski's home in Long Beach.

Cary Johnston had been stabbed multiple times and both hands were tied behind his back. Shawn Johnston had been strangled with a cord that was looped around her neck and one of her wrists, according to police reports.

In 1984, during an appeal, Dobeski cut a deal with then deputy prosecutor Tom Wagner to reduce the life sentence to two 40-year terms.

A trial court granted the modification and Dobeski was paroled after serving the first 40-year sentence on May 8, 1987, and began serving the second sentence.

The murdered children's parents, who had moved from the Michigan City area, were unaware Dobeski had been granted a sentence modification, and only learned of it from a friend who read in The News-Dispatch that Dobeski was due before the parole board again in 1993.

After a court battle challenging the deal, the Indiana Supreme Court ruled in November 2000 that Dobeski's new sentencing arrangement must stand, allowing him to be eligible for parole.

In September 2003, Dobeski was released from the Correctional Industrial Facility in Pendleton and he returned to Michigan City on the city's West Side.

He lived there off and on, along with Indianapolis. Late last year, his mother's house was put up for sale, and for the past several months, Dobeski had lived in a mobile home in Westville Estates just off Indiana 2.

Mrak said she was upset that Dobeski was allowed out of prison.

"This is one person who should have been kept in prison for the full extent of the sentence," Mrak said.

Beckman echoed those remarks.

"This is something to which I strongly agree," he said.

Contact Georgette Senter at gsenter@thenewsdispatch.com.

[Southsider2k12]

http://thenewsdispatch.com/main.asp?Sectio...amp;TM=41914.51

Dobeski's Reform Group Dismayed
Convicted killer was executive director of a prison reform group just before he was arrested again.

Rick Richards
City Editor, The News-Dispatch

MICHIGAN CITY - For three months before he was arrested in Pulaski and La Porte counties, Richard Dobeski worked as executive director of Indiana C.U.R.E., a prison reform lobbying group.

The organization's focus, according to the Indiana office's Web site, is to "encourage pro-family policies throughout the corrections system."

It also works to improve medical and mental health treatment programs, reform sentencing laws and parole guidelines and work for the abolishment of the death penalty.

The Indiana chapter was formed April 1, 1989, in Beverly Shores. It moved to Indianapolis on Feb. 21, 1998.

Dobeski, who spent 40 years in prison for killing two Long Beach children in 1964 when he was 16 years old, was released from prison in 2003. His release was controversial because he was originally sentenced to two life terms, but it was later reduced to two 40 years sentences, and with the state's "good time" provisions in effect, he served 40 years, half of what was an 80-year sentence for both killings.

As executive director of Indiana C.U.R.E., which stands for Citizens United for Rehabilitation of Errants, he was the state's spokesman for an effort to push for prison reform and to abolish the death penalty.

Charles Sullivan, director of the national office of C.U.R.E. in Washington, D.C., said that Dobeski's arrest warrant in La Porte County for child molesting and possession child pornography was upsetting.

Dobeski remains in the Pulaski County Jail on $100,000 bond, where he is charged with attempted criminal confinement and enticing a child. In La Porte County Friday, he was charged with child molesting and possession of child pornography. His bond here was set at $1 million by Circuit Court Judge Thomas Alevizos.

"We really believe in our mission. It's in our name - rehabilitation," said Sullivan. "We're a family of prisoners and want to see reform of the system.

"Certainly it hurts our organization," he said. "But you have to remember, one of the things we believe in is due process and an arrest is not a conviction."

C.U.R.E. was founded in 1972 in San Antonio and has offices in all 50 states plus the District of Columbia.

Sullivan said the impact of Dobeski's arrest has left the Indianapolis office of the organization "in transition."

Celia Sweet was executive director of the Indiana office for nine years until she retired three months ago and moved to Birmingham, Ala.

She said she is devastated by Dobeski's arrest.

"This is not the Richard Dobeski I knew," she said. "I can't believe it."

Sweet said she worked with Dobeski for six years - even before he was released from prison. "He was a member of the organization while he was in prison," she said. "We tried to help him. I feel that's a part of what we do."

Sweet called Dobeski's arrest "a sad, sad thing for Indiana C.U.R.E. Yes, I do feel betrayed."

For the six years she worked with Dobeski - including allowing him to live with her for a time in Indianapolis after he was released from prison - Sweet said she and others in the organization groomed him for a position with Indiana C.U.R.E.

"He was elected by members of C.U.R.E. He was enlightened and absolutely was a good prospect," said Sweet. "He had a lot of good ideas."

Sweet said she now wonders about the future of the organization in Indiana. "I feel like this is my fault," she said. "I really don't know what's going to happen to the organization."

Contact Rick A. Richards at news@thenewsdispatch.com.

[Ang]

Any more word in the charges against this guy in LP Co?

[Southsider2k12]

Pulaski Co is dropping the charges...

http://thenewsdispatch.com/main.asp?Sectio...;ArticleID=4864

Pulaski County Drops Dobeski Charges
Child killer now faces La Porte County charges for child molesting, porn.

Scott M. Lawson
The News-Dispatch

WINAMAC, Ind. - Saying the decision felt "awful," the Pulaski County prosecutor dropped local charges against Richard Allen Dobeski.

"I just signed the motion (Wednesday)," Stacey Mrak said.

Dobeski, 59, was being held in Pulaski County Jail since Aug. 31 on charges stemming from an incident near Monterey, Ind., about 50 miles southwest of Michigan City.

Dobeski allegedly offered $50 for a boy to go to a nearby beach and pose for photographs. That boy, and a friend, reported the activity to local police.

At the time, Dobeski was living in Westville. He was preliminarily charged with two felonies of attempted criminal confinement and enticing a child based on that incident.

La Porte County authorities launched an investigation following the incident and have since charged Dobeski with Class C felony child molesting and Class D felony possession of child pornography.

But the Pulaski County charges won't be pressed, Mrak said Wednesday night.

Mrak said a court ruling this summer struck down a portion of the code for vagueness when it comes to enticement or fraud.

"It was awful," she said. "We looked for other things we could charge him with. But I am only going to prosecute what the law allows for."

She waited as long as possible, she said, to ensure La Porte County had a head's up on Dobeski's return to the county. She said he will be on hold for La Porte County.

Dobeski has a $1 million bond for his La Porte County charges.

La Porte County Sheriff Mike Mollenhauer said Wednesday night he hadn't heard of Pulaski County's decision, but would be looking for the paperwork today.

"He'll be brought back to the county jail," he said. Mollenhauer noted Dobeski first will face an arraignment hearing for the La Porte County charges.

Mrak said she was happy Pulaski County was able to take Dobeski into custody. It gave La Porte County an opportunity to investigate Dobeski's recent activities.

"I think it was a little bit of fate," she said.

Dobeski was convicted in 1963 of murdering Cary Robert Johnston, 3, and his sister, Shawn Elizabeth Johnston, 6, Long Beach.

During an appeal in 1984, Dobeski cut a deal to reduce his life sentence to two 40-year terms.

After a court battle challenging the deal, the Indiana Supreme Court ruled in November 2000 that Dobeski's new sentencing arrangement must stand.

In September 2003, Dobeski was released from prison and returned to Michigan City.

He lived there, as well as in Indianapolis. For the past few months, Dobeski had lived in a mobile home in Westville Estates.

[JHeath]

http://thenewsdispatch.com/main.asp?Sectio...amp;TM=47033.46

2/9/2008 11:00:00 AM
Dobeski Will Stand Trial With New Lawyer

Stan Maddux
For The News-Dispatch

LA PORTE - With his trial in La Porte Circuit Court just a month away, child killer Richard Dobeski has a new attorney.

Citing a breakdown in communication with his client, defense attorney David Jones of La Porte requested that he be replaced as Dobeski's legal counsel.

Judge Tom Alevizos granted the request, appointing Kurt Earnst of Michigan City as Dobeski's public defender.

Alevizos, though, made it clear to Dobeski that a change in attorneys would not delay the start of the March 10 trial. Dobeski, 59, who served 40 years in prison for killing two Long Beach children in 1964, will be tried for Class C felony child molesting.

No trial date has been set for Dobeski on his remaining charge of Class D felony possession of child pornography.

Dobeski was convicted of the 1964 slayings of 6-year old Shawn Johnston and her 3-year old brother, Cary Johnston, in Long Beach. A 1984 appeal of his life sentence resulted in two 40-year sentences which were considered fully served upon his release from prison in 2003.

The latest charges stem from allegations that surfaced last summer while Dobeski lived at Westville Estates, a mobile home park on Indiana 2 on the west wide of Westville.

A 7-year-old boy accused Dobeski of fondling him while he was at Dobeski's residence.

According to authorities, Dobeski viewed child pornography downloaded on his home computer.

Items confiscated included large boxes of unused 35 millimeter film and child psychology reference materials, police said.

He was originally scheduled for trial on both counts but Alevizos ruled a jury might be unfairly prejudiced into thinking he was guilty of both counts if the charges were tried together.

[JHeath]

http://thenewsdispatch.com/main.asp?Sectio...amp;TM=51014.71

4/15/2008 10:31:00 AM
7-Year-Old Faces Child Killer At Trial
n Boy calls Richard Dobeski ‘mean’; his library contains educational book ‘Vulnerable Children.’

Kaitlin Vanderpool
For The News-Dispatch

LA PORTE - A 7-year-old boy faced a man he accused of touching him inappropriately in court Monday, saying convicted murderer Richard Dobeski was a "mean guy."

During the first day of testimony in the child molestation trial of Dobeski, 59, the 7-year-old boy, his friend and two law-enforcement officials took the stand.

It was determined in the preliminary portion of the trial Monday morning that the 7-year-old boy accusing Dobeski of molesting him understood the difference between the truth and a lie. Judge Thomas Alevizos then asked the boy to raise his right hand and swear to tell the truth.

Dobeski was arrested and charged with child molestation, a Class A felony, and child pornography, a Class D felony, last fall.

In September, during an investigation into charges of criminal confinement in Pulaski County - charges later dropped - police were searching Dobeski's Westville residence. There, they were approached by a neighbor who suggested a detective speak with the 7-year-old boy about his relationship with Dobeski.

The boy told the detective he and Dobeski played together and wrestled and that, once, Dobeski had pulled off the boy's pants and "played with" his genitals. Police also reportedly found images on Dobeski's computer of children in various stages of undress.

Dobeski was released from prison in 2003 after serving nearly 40 years for the murder of a 6-year-old girl and her 3-year-old brother in Long Beach. He returned to Michigan City in 2003, and had lived in Westville Estates on Ind. 2 for only a few months prior to his arrest.

The jury was taken from Porter County at the request of defense attorney Kurt Earnst, who successfully argued that negative pre-trial publicity would have made it impossible to choose an impartial jury from La Porte County.

Among evidence submitted Monday were several books found in Dobeski's residence, including "The Psychology of a Child," "Childhood and Adolescence," "Vulnerable Children" and "The Psychological Development of a Child."

La Porte County Prosecutor Jennifer Evans also submitted a videotape of the initial interview with police in which the boy claims Dobeski touched him and it was "nasty."

After testimony from four separate witnesses, the jury was relieved. The trial will continued today at 8:30 a.m. in La Porte County Circuit Court 3.

Dobeski also faces a separate charge of child pornography, a Class D felony, related to materials found on his computer. A trial date has not yet been set in that case.



Kaitlin Vanderpool is a reporter for The Herald-Argus in La Porte.

[Dave]

http://thenewsdispatch.com/main.asp?Sectio...ArticleID=12247

Dobeski Guilty
Killer now convicted of molestation facing eight more years in prison

Kaitlin Vanderpool
For The News-Dispatch

Wednesday, April 16, 2008

Richard A. Dobeski
LA PORTE - After two hours of deliberation Tuesday, a Circuit Court jury found Richard A. Dobeski guilty of child molestation.

Sentencing for the Class C felony is scheduled for Thursday, May 15. Dobeski faces a maximum sentence of eight years in prison.

The trial for the convicted murderer began Monday in La Porte Circuit Court with the testimony of the 7-year-old Westville boy who accused Dobeski of touching him inappropriately last summer.

The boy testified he visited Dobeski's mobile home in Westville Estates several times, and that on one occasion Dobeski pulled off his pants and fondled him.

The accuser's friend and two law enforcement officials also took the stand Monday.

Before delivering the verdict Tuesday, jurors requested a videotaped interview police conducted with the boy last fall prior to charges being filed.

Deputy La Porte County prosecutor Jennifer Evans said Tuesday she was pleased with the jury's decision and felt they did an outstanding job.

"Justice has been done in this case," she said, adding she hopes the decision will help bring closure to the boy's family.

The state will present arguments during sentencing and the accuser's family will be given the opportunity to make an impact statement.

In his closing statement Tuesday, defense attorney Kurt Earnst argued the accuser's testimony was inconsistent and unfocused throughout questioning.

While Earnst said Tuesday he respected the jury's decision and appreciated their services, he said he and Dobeski would now begin discussing their options, including possibly filing an appeal following sentencing in May.

Dobeski was released from prison in 2003 after spending nearly 40 years behind bars for murdering two children - a brother and sister - in Long Beach in 1964. He was then arrested last fall during an investigation into criminal confinement charges out of Pulaski County.

Those charges were eventually dropped, but during the investigation, the relationship between Dobeski and the boy that led to the molestation charge was uncovered.

Police say they also found evidence that led to a separate charge of child pornography, a Class D felony. A trial on that charge is set for Friday, June 9.

Earnst said Friday he and Dobeski would immediately begin preparing for the June trial.

"We'll look to provide the best arguments we can in that case," Earnst said.

If convicted on the child pornography charge, Dobeski faces up to another three years in prison.



Kaitlin Vanderpool is a reporter for the La Porte Herald-Argus.

[dejahthoris78]

http://thenewsdispatch.com/main.asp?Sectio...ArticleID=12247

Bumping up this old thread on the dobeski case. He lived around the corner and tried to lure in my cousins.

[IN_gal]

http://thenewsdispatch.com/main.asp?Sectio...;ArticleID=4086

Looks like this guy is being released this week: http://www.in.gov/apps/indcorrection/ofs/o...mp;search1.y=10

How is that possible??