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Thursday, January 28, 2010

The sexual assault case against John McGowan, day seven: Jury trial

Here's the latest on the sexual assault case against the infamous anti-immigrant xenophobe John McGowan.


The 2007 mayoral candidate, former Vice President of Elise Marciano's racist hate group, and anti-immigrant activist was arrested and charged with first degree sexual assault, which carries a maximum sentence of 20 years in jail.

The police affidavit details the alleged assault that has McGowan in deep trouble.
…he [McGowan] pushed his penis into her anus. When he did this, Victim stated that she asked "What are you doing" and "Stop." Victim states that she arched her back as she initially struggled to to get him out of her. When she did this, McGowan put his right arm around her neck and put her in a headlock.

Day seven of the trial was brief as McGowan, who's still defending himself, was granted a trial by jury which will start on April 21st. McGowan is scheduled to appear back in court on March 23rd and will have pre-trial discussions with the state prosecutor.

Register-Citizen reporter Ronald DeRosa was at the trial and filed this report:
A Bethel man facing a rape charge will attempt to argue his case without an attorney before a jury of his peers at Litchfield Superior Court in April.

John McGowan, 43, 8 Fairchild Drive, is accused of forcing a former girlfriend to have sexual relations that she did not consent to in Oct 2008. He was arrested in July 2009 by New Milford police and charged with first-degree sexual assault following an investigation.

McGowan had his last hearing appearance before Hon. Judge James P. Ginocchio on Tuesday. The suspect requested a trial by jury, which the judge agreed to preside over beginning April 21. McGowan is expected back in court on March 23 for an appearance.

Since McGowan began appearing in Litchfield for court appearances, Judge Ginocchio has repeatedly suggested McGowan hire an attorney to represent him. The suspect has, however, declined and preferred to represent himself. Assistant State’s Attorney Dawn Gallo said she would agree to conduct pre-trial discussions with McGowan – a process that is generally done between both the state’s attorney and the defense attorney.

She suggested possibly reaching an agreement before going to trial, that does not end in charges being dropped or the case not being prosecuted.

Now, where at a point in the trial where things become very serious for McGowan. The fact that the anti-immigrant extremist is still without legal counsel at this stage of the case, as pre-trial discussions are about to begin is very, very, foolish.

Given his track record in court to this date, I'm fairly certain that the prosecutor agreeing to a settlement with McGowan is very unlikely. At this point, with the possibility of an agreement on the table, McGowan would be very wise to seek an attorney and let him or her try to work on a settlement with the prosecutor...or deal with the consequences.

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