The former State Street vice chairman accused of committing a sequence of knifepoint rapes of girls and ladies desires his case dismissed.
Ivan Cheung, 44, faces six critical felony prices alleging brutal rapes of two kids at knifepoint in the summertime of 2003 when he was 23 years outdated. Those are two counts of rape of a kid and 4 counts of rape of a kid with power.
Cheung was beforehand charged with an extra 5 counts alleging the rape of girls the primary coming shortly after the alleged youngster rapes, and the others allegedly happening in 2005 and 2006, however prosecutors failed to beat a 15-year statute of limitations on these prices and so filed paperwork that dismissed the costs of rape of adults final October.
The movement to dismiss the remaining prices, which is sealed and unavailable to the general public, was filed on the finish of January and argued at a morning listening to at Suffolk Superior Court in Boston Wednesday. Judge Michael Doolin is listed within the case docket as taking the movement beneath advisement however didn’t instantly rule on it.
What is public is the state prosecutor’s response in opposition, which signifies the movement to dismiss was filed largely on the grounds that prosecutors had introduced “false or misleading information” to garner the grand jury indictments.
The response doc argues every level of the movement to dismiss in flip. Those arguments embrace that the commonwealth failed to inform the grand jury that the sequence of alleged rapes of adults had already fallen exterior the 15-year restrict wherein they may very well be prosecuted and that together with them was irrelevant to the remaining prices.
The response states that Cheung’s legal professional Peter Parker referred to as the inclusion of the unprosecutable prices of rape of the adults was “highly prejudicial and irrelevant bad act evidence,” as quoted within the response.
But prosecutors say that Cheung was positively recognized because the perpetrator of the grownup rapes and, whereas these can not be prosecuted, they served in exhibiting the grand jury a “pattern of conduct” and that the grand jurors “could reasonably and prudently believe that the same person who raped the three adults was the one who attacked” the kid alleged victims.
Prosecutors say that throughout each alleged rape, youngster or grownup, Cheung picked the victims up in a automotive in Boston at evening and drove them to a unique location, that every encounter started as understood prostitution “or the circumstances strongly suggested it,” that the assaults all started inside his automobile, that he used a knife in all 5 assaults, and different similarities they argue establishes an identifiable sample.
Allegations
The alleged rapes at knifepoint started July 31, 2003, with the rape of a 13-year-old lady that prosecutors say was pimped out by an older boyfriend in Boston’s Chinatown.
Cheung is accused of paying her to have with him at his former residence in North Quincy — which prosecutors say “which was not forcible but was still child rape.” After this alleged encounter, prosecutors say that as an alternative of a experience again to Chinatown, Cheung drove the kid down a residential avenue in Dorchester, put a knife to her throat and raped her within the backseat of the automotive.
Aug. 6, 2003, assault on a 14-year-old lady. This was one other youngster pressured into prostitution who prosecutors say Cheung picked up close to Charles Circle and drove to Charlestown. The sufferer advised investigators that she thought they had been going to have paid intercourse however that Cheung as an alternative pulled out a knife, held it to her throat and raped her.
Prosecutors allege that Cheung additionally raped three girls, although these will stay solely as allegations within the prosecution’s concept of a “pattern of conduct” inculpating Cheung. These began with the Aug. 19, 2003, alleged rape of a 20-year-old lady they are saying Cheung picked up close to Kenmore Square. The subsequent was an Oct. 23, 2005, rape of a girl pimped out of the Park Plaza space by a male “friend turned foe.”
Finally, prosecutors say, Cheung raped an 18-year-old lady who Wellesley Police say they obtained a name about after she was allegedly operating “screaming into traffic on Route 9 … distraught and bleeding.”
Source: www.bostonherald.com”