The Clinton Herald, Clinton, Iowa

Top News

January 4, 2014

COURTS: Man gets suspended sentence in lascivious acts case

July 25 incident took place in Camanche

CLINTON — A 20-year-old man has received a suspended prison sentence for sexual contact with a 13-year-old female.

Brandon Fogel pleaded guilty to lascivious acts with a child in connection with an incident on July 25 in Camanche. According to court documents, Camanche police were called to a residence for a 13-year-old girl being sexually assaulted by a 20-year-old male, later identified as Fogel. The affidavit continues that Fogel admitted to police that he had had physical contact with the girl.

Thursday, Fogel apologized for his actions, but said he truly thought the victim was 18 years old.

“I would never openly pursue a minor,” Fogel said. “I was caught up in the moment and if I could go back and change it, I would.”

Fogel told Judge Nancy Tabor that at the time of the incident, he was not taking his prescription medication. He continued that since being on it again, he feels better. He added that he hopes to improve his life, go to college and maybe one day have his own business.

“For everything I’ve done, I’ve taken everything to heart. It’s changed me,” Fogel said. His attorney asked Tabor to consider a deferred judgment.

Tabor pointed out to Fogel that he has been on his medication for some time and should have known there could be consequences for going off them. She added that she does understand that a young man can get caught up in the moment, but said this does not excuse his actions.

“But there is some responsibility to be taken when you engage in that type of activity,” Tabor said.

Based on the severity of the charges, Tabor denied the defendant’s request for a deferred judgment and ordered him to serve as much as 10 years in prison and fined him $1,000. She suspended both the prison sentence and the fine. He must complete three years of probation, attend sex offender treatment, take his medication and get a mental health evaluation.

Vogel must have no contact with the victim for five years. He will be allowed to complete community service in lieu of court costs. He also will be required to register as a sex offender for the rest of his life.

Charges of third-degree sexual abuse and indecent contact with a child were dismissed.

 

 

1
Text Only
Top News
  • Take a 'National Night Out'

    For one night every year, communities across the country celebrate National Night Out, a nationwide initiative to fight crime and promote safe communities.

    July 31, 2014

  • David Evers Evers' duck decoy hits auction block

    From just a block out of a basswood tree, David Evers creates award-winning pieces of artwork.

    July 31, 2014 1 Photo

  • The virtues of lying

    Two computational scientists set out recently to simulate the effects of lying in a virtual human population. Their results, published in the Proceedings of the Royal Society B, show that lying is essential for the growth of a cohesive social network.

    July 31, 2014

  • Screen Shot 2014-07-31 at 2.12.55 PM.png VIDEO: Five-year-old doesn't want her brother to grow up

    Sadie, an adorable 5-year-old from Phoenix, wants her brother to stay young forever, so much so that her emotional reaction to the thought of him getting older has drawn more than 10 million views on YouTube.

    July 31, 2014 1 Photo

  • Well affected by mercury spill is working again

    Mercury remains in one of Clinton’s Archer Daniels Midland wells, stemming from a November 2013 spill. But according to an independent study, threat levels are below Iowa Department of Natural Resources standards.
    The affected Well No. 4 returned to operation earlier this month.

    July 31, 2014

  • Blake Holovach Holovach converting back to a starting pitcher

    When Blake Holovach takes the mound tonight along the Mississippi River in Davenport, it’ll be in the first inning, which he wasn’t accustomed to in the past.

    July 31, 2014 1 Photo

  • Relay for Life: Stepping toward awareness

    Statistics reveal that cancer continues to remain the second most common cause of death in the United States, claiming one out of four deaths every day.

    July 31, 2014

  • Holly Youngquist Friends of the Library book sale is underway

    Friends of the Library Book Sale is open now. The sale is open to all until 8 p.m. today and on Friday, Aug. 1, from 9 a.m. to 8 p.m. Finally, Saturday, Aug. 2, is box day. From 9 a.m. to  3 p.m., books will sell at $3 per box.

    July 31, 2014 1 Photo

  • LETTER TO THE EDITOR: Cremation service helped pet owner in her time of need

    I wanted to share some positive news about a business located in Clinton that I’m guessing most residents aren’t aware even exists. It’s Northridge Pet Cremation on Main Avenue and for me they were recently a godsend.

    July 31, 2014

  • Darryl Hogue Fulton superintendent settles in to new position

    One month into the permanent River Bend School District superintendent job, Darryl Hogue has experienced the long hours, stress and the learning curve that comes with any new position.

    July 31, 2014 1 Photo

AP Video