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The case against John McGowan, day nine: DNA

Tuesday, July 13, 2010
Time: 9:28 AM

The court case that's making everyone shake their heads in disbelief continued last Wednesday…here's the latest on the rape case against Greater Danbury's leading anti-immigrant activist John McGowan.

McGowan, the former treasurer of the Greater Danbury chapter of the Connecticut Citizens for Immigration Control, co-founder/Vice President of United States Citizens for Immigration and Law Enforcement hate group, 2007 candidate for mayor, and Pseudolaw lunatic was charged with first degree sexual assault as a result of an investigation by the New Milford Police Department.

Here's some background the case that's been recognized as one top 10 crimes of 2009:
Here how the News-Times detailed the horrific assault.
In the 13-page affidavit, the woman describes a variety of sexual encounters to which she consented, but she claimed that on Oct. 20, 2008, after attending a meeting at McGowan's church, he assaulted her anally at a house he was building on Juniper Road in New Milford.

The woman told police she said, "What are you doing?" and "Stop," but McGowan instead "put his right arm around her neck and put her in a headlock," according to the affidavit.

After speaking with counselors at the women's shelter in Danbury, the victim went to New Milford Hospital on Oct. 22 and hospital personnel called police, according to the affidavit.

...the police report’s write-up on the incident is more graphic.
…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.

According to the affidavit, after speaking with representatives at the Women's Shelter in Danbury, the victim went to New Milford Hospital and a police investigation was conducted, which resulted in McGowan's arrest.

According to CT Defense Lawyer website, first degree sexual assault is a CLASS B felony, if found guilty, the local xenophobe could be sentenced to 1 to 20 years in prison and fined up to 15,000 dollars.


If you've followed this case from the beginning, then you know that McGowan's bizarre antics in court are nothing new….what IS new is the fact that the judge is indicating that he's had enough of anti-immigrant extremist’s nonsense.

After irritating the marshals by resisting to rise when Judge James P. Ginochio called for recess, once court was reconvened and his name was called, as usual McGowan initially refused to come forward citing his Pseudolaw claim that the court (and state) had no jurisdiction over him.
MCGOWAN: "I do not grant you jurisdiction either knowingly or unknowingly…"

JUDGE: Come forward or else I'll have the marshals escort you forward

At this point, it seemed like Judge Ginocchio had enough of McGowan's antics. Stating that the court already ruled on the matter of jurisdiction, the judge issued a standing order that McGowan enter the come forward when his case is called.

After McGowan finally complied with the judge's order, the issue of McGowan providing a DNA sample came up.

According to prosecutor Dawn Gallo, the lab has conducted some analysis of material that was provided to them (I'm assuming from the rape kit that was conducted on the victim). The lab has completed their analysis and the prosecution issued a request from the court for a swab sample of DNA from McGowan.

Acknowledging that they were together that evening, McGowan didn't understand the need for him to provide a sample.

McGOWAN: There's no reason to take it because there was no dispute that she and I were together.

Oh course, there had to be conspiracy their conspiracy theory behind McGowan's rationale in not providing a sample.
McGOWAN: I don't trust the state taking the DNA because they could use it against me 20 years from now.

JUDGE: It's that your argument sir?

McGOWAN: For now.

Ultimately, the judge ruled in the favor of the prosecutor and informed McGowan to go with the marshals to a room and comply with the order. He then asked McGowan if he had any questions.

Claiming that a "party of interest" hasn't filed a case against him, although the judge already ruled on the issue of jurisdiction, like clockwork, McGowan went back into his Pseudolaw mode and continued his claim that the state is a corporation.
McGOWAN: The prosecutor represents the corporation and anything she says is hearsay.

JUDGE: What exactly are you asking?

McGOWAN: I'm asking for someone who has a real claim, a real party of interest, to stand up and present that claim with the evidence…

JUDGE: That's why we have a trial.

Although McGowan tried to rehash his theories regarding the government being cooperation, the judge again reminded McGowan's "issue" was addressed and repeated him to go with the marshals and submit a DNA sample.

…but McGowan had more questions.

McGOWAN: I'd like to see a copy of the prosecutor's bar registration to make sure that she's authorized to be here.

JUDGE: Do you want to be heard on that Attorney Gallo.

GALLO: "No."

JUDGE: Denied.

Finally McGowan requested something that was so bizarre and incoherent that neither the judge or prosecutor could make out what he was talking about.
JUDGE: I'm going to ask you to put that in writing and submit it to the court.

After McGowan was done with his show and provided a sample of his DNA, the judge continued the case for November 3rd at 9:30. Hopefully, now that the Judge has put his foot down when it comes to McGowan's ramblings, the case can move forward and justice can be served.


REGISTER CITIZEN (07.09.10): Tough time in court for former Danbury mayoral hopeful accused of rape

posted by ctblogger at 9:28 AM | Permalink|


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On September 26, 2007, ten plaintiffs filed suit in response to an arrest of aday laborers at a public park in Danbury, Connecticut. Plaintiffs amended their complaint on November 26, 2007.

The amended complaint states that plaintiffs sought to remedy the continued discriminatory and unauthorized enforcement of federal immigration laws against the Latino residents of the City of Danbury by Danbury's mayor and its police department.

Plaintiffs allege that the arrests violated their Fourth Amendment rights and the Connecticut Constitution because defendants conducted the arrests without valid warrants, in the absence of exigent circumstances, and without probable cause to believe that plaintiffs were engaged in unlawful activity. In addition, plaintiffs allege that defendants improperly stopped, detained, investigated, searched and arrested plaintiffs. Plaintiffs also allege that defendants violated their Fourteenth Amendment rights when they intentionally targeted plaintiffs, and arrested and detained them on the basis of their race, ethnicity and perceived national origin. Plaintiffs raise First Amendment, Due Process and tort claims.

Plaintiffs request declaratory relief, damages and attorneys fees.



Danbury Area Coalition for the Rights of Immigrants v.
U.S. Dept. of Homeland Security
3:06-cv-01992-RNC ( D. Conn. )

(02.25.08) Court docket

(10.24.07) Memorandum in Opposition to Defendant's Emergency Motion for Protective Order

(09.26.07) Press Release

(12.14.06) Complaint

Barrera v. Boughton, No. 07-01436
(D. Conn. filed Sept. 26, 2007)

(02.25.08) Court Docket

Amended complaint

Defendants' Motion to Dismiss for Lack of Subject Matter Jurisdiction

Defendants' Motion to Dismiss State Law Claims

Plaintiffs' Opposition to Motion to Dismiss

Order on Motion to Dismiss

Defendants' Answer to Amended Complaint

NEW HAVEN REGISTER: Immigrant's 2006 arrest was flawed Danbury mayor testifies

(10.05.07 (VIDEO) Boughton mislead the public about Danbury's involvement in raid

(09.18.07) Yale Law Students expose Danbury involvement in raid

(12.14.06) VIDEO: Interview with Yale Law Students at FOI presser

(12.14.06) VIDEO: Danbury 11 FOI complaint media roundup

City Clerk Jean Natale standing next to skinhead sparks outrage

(10.03.06) VIDEO: Danbury 11 rally

(09.29.06) VIDEO: Danbury 11 case deepens

Word of raid spread across the country

(09/29/06) VIDEO: Danbury 11 protest news conference

(09/29/06) Immigrant newspaper "El Canillita" gives best account of ICE day labor raid at Kennedy Park


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