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18 oct 2010


Deputy U.S. marshal guilty in sex case
He's convicted of false imprisonment, bondage



Source:
www.jsonline.com  - Jsonline.com - USA


USA- A deputy U.S. marshal who engaged in sexual bondage was found guilty Friday of keeping two partners' nude photos without their consent, and of binding one of them in South Milwaukee against her will.

The verdicts came after an unusual trial in which jurors had to examine in great detail pornographic videos and photos of the women and the defendant, to determine if their many consensual, recorded sexual exploits gave Timothy Moseley reason to believe the women didn't object to the few photos at issue in the case.

The jury found Moseley guilty of possessing or taking four photos and two counts of false imprisonment but acquitted him of five counts involving other photos.

Juror Lisa Iding said the jury instructions did not include breasts in the definition of nudity.

In addition, she said the verdicts were in no way a judgment on anyone's lifestyle, just verdicts on the specific acts, to which they felt the women had not consented, because they appeared passed out, blindfolded or otherwise unable to consent.

Iding said Moseley was guilty of false imprisonment for two occasions in which he handcuffed one of the women. "No matter that you've consented before, no means no," Iding said.

Moseley, on administrative leave since his arrest last fall, will now be subject to termination, said Jeff Carter, a spokesman with the U.S. Marshals Service in Washington, D.C. Moseley has been jailed in lieu of $200,000 bail, and is set for sentencing Nov. 17.

One of the victims was 19 when she met Moseley, 49, over a website called Sugardaddies in May 2008, shortly after he had been transferred to Milwaukee from Cheyenne, Wyo.

According to their testimony, they began a relationship in which Moseley spent nearly $20,000 on the woman over four months in exchange for companionship and sex, some of it recorded and photographed.

The woman, whom Circuit Judge Richard Sankovitz ordered to be identified in news reports only by her first name, Mara, said though she agreed to participate at first, she didn't know it would involve bondage.
Moseley contends that was very clear and that Mara willingly participated many times.

In October 2009, they moved into a South Milwaukee apartment but soon had a fight, and Mara told police she had been handcuffed against her will briefly before she fled.

Police then took Moseley's computer and found photos and videos.

Victim unaware
They included some of a woman who worked with Moseley in the Wyoming U.S. Marshals' office. Teresa, 55, testified that until the South Milwaukee investigators contacted her, she did not know of the existence of some photos of her naked, blindfolded and handcuffed to the seat of a Marshals Service SUV during a business trip she took with Moseley. The judge also ordered that she only be identified by her first name.

She admitted she had bondage sex with Moseley hundreds of times over five years, and often on video, but that none of it was "by choice," because she feared he could make her lose her job or hurt or kill her if she didn't go along. She said she felt drugged during the time in the SUV.
In closing argument Thursday, Assistant District Attorney Erin Karshen stressed that even if the women consented most of the time, it didn't mean they couldn't refuse to consent any specific time.

She asked jurors to look closely at the photos of Mara lying naked among rose petals and decide if she was conscious.

Moseley's attorney, Michael Steinle, said all the evidence corroborated his client's version of events. He said the behavior was all legal between consenting adults, and that Moseley had every reason to expect the women did not object to the specific photos at issue, since they had agreed to so many other, similar ones.

Steinle noted that Mara's conflicting testimony about the exact nature of her relationship with Moseley, and her admissions that she sometimes drank heavily.

"People do the damndest things when they're intoxicated," he said, and even though they may later regret them, it doesn't mean they didn't act of their own volition.

"These women consented," Steinle said. "They're just embarrassed it came to light."



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