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Appeals court affirms attempted rape conviction

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A man who tried to sexually assault a female co-worker as she slept in her home where he was a guest lost his appeal of an attempted rape conviction Friday.

The Indiana Court of Appeals upheld a Marion Superior Court ruling, finding that evidence was sufficient to support the Class B felony conviction of Betwel Birari and that a prosecutor’s comments did not result in fundamental error.

Birari’s appeal in Betwel Birari v. State of Indiana, No. 49A02-1111-CR-1009, raised issues including the reliability of evidence, his intent and whether the victim, A.J., was aware of his actions.

The case stems from an incident in July 2011 in which A.J. allowed Birari to stay overnight in her apartment, along with her 2-year-old cousin, and awoke to find Birari on top of her and attempting to have sex.

“The record reveals that A.J. repeatedly told Birari that she merely wanted to remain friends. While A.J. was asleep in bed with her two-year-old cousin, Birari removed his clothes, removed A.J.’s sweatpants, and placed his erect penis near A.J.’s vagina,” according to the opinion. “After A.J. and her roommate were able to remove Birari from their apartment, Birari yelled, ‘Please, don’t call the police. Just kill me.’”

The appeals court rejected Birari’s claims on evidence, intent or the victim’s awareness. But the court ruled a prosecutor made improper statements to the jury intimating that Birari might have wanted the child to watch. However, the court said, “under the circumstances, we cannot say that the prosecutor’s comments resulted in fundamental error.”   

 

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  1. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  3. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  4. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  5. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

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