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Wednesday, March 26, 2008

[UT] Detective Nielsen didn't have to do the time for the crime

Orem Police Detective Barry Nielsen was given some sweet deal instead of the consequences for two counts of felony forcible sex abuse of a woman he was being "friendly" with during his on-duty breaks. It happened in 2004. He quietly resigned in 2005. He was charged - well, allowed to plea way down - in 2006, and lost his Utah police certification in 2008.

I wonder.
How coordinated is the process in Orem between police chief, internal investigations, police union, prosecutor, and judge for accused officers?
I wonder why it took from 2004 to 2006 to charge him, was someone pushing behind the scenes or just shuffling their feet?
I wonder why it is said that his rape victim didn't want him to be fined or do time. Just curious.
I wonder why a person accused of felony rape can plead down until the record doesn't reflect warning for other potential victims.
I wonder why he was offered the sweet deal? One of the boys? His years of service? Each cop in Utah courts gets at least one free rape pass?

Some days I say nothing as I'm posting, but I'm always wondering.

Felony rape is brutal violation and doesn't spring out of nowhere. Is he a registered sex-offender OR as I'm guessing, has he cleared his record? Who gets these kinds of breaks from prosecutors and judges? [You know. I know.]

He lost his Utah cop job but that doesn't mean he can't find a podunk cop job elsewhere.

He lost his cop job but he also skipped whistling right by even the possible of the THIRTY YEARS IN PRISON AND $21,000 FINE.

If he was a poor guy named Bubba the court would have put him under the jail for decades.

Ok - mercy to cops, but open the prison doors to the hundreds of thousands of prisoners who did non-violent crimes. Give everyone else a break too. Prisons full of poor people incarcerated for selling some weed or stealing a car - not raping a woman.

Nielsen walks away free. I wish the best for him, his victim(s), and all of us.

God bless us every one.

SUMMARY:
UT Orem Police Detective Barry T. Nielsen [2004] allegedly raped a woman he was spending time with during his breaks (that's all we know) and was originally charged [2006] with two counts of felony forcible sex abuse, and one count of lewdness, a misdemeanor. Nielsen agreed to plead guilty to a reduced charge... one count of sexual battery... Nielsen will not pay any fines or spend any time in jail, which is what the victim wanted, said deputy Utah County attorney Donna Kelly. "She wanted him to acknowledge (the) wrong and get treatment"... The arrangements of the deal also require Nielsen to spend 24 months on supervised probation... After that, Nielsen can withdraw his plea of guilty to sexual battery, and enter a guilty plea to a lesser charge of lewdness, a class B misdemeanor, for his permanent record. Nielsen must also complete a psycho-sexual evaluation and comply with any recommended treatment... Update 2008: Orem police: Barry T. Nielsen, [peace officer certification revoked, meaning he cannot practice law enforcement elsewhere in Utah] for conviction of sexual battery...

OREM POLICE OFFICER IS CHARGED WITH SEX ABUSE, LEWDNESS
Salt Lake Tribune
Lisa Rosetta
1/6/2006
An Orem detective who quietly resigned his position in early December was charged Tuesday with two counts of felony forcible sex abuse and a single count of misdemeanor lewdness. Barry Nielsen, 39, of Lindon, was charged following a Utah County Sheriff's Department...  Nielsen has not been arrested. Prosecutors have instead sent him a summons ordering him to appear in court later this month. The former officer is accused of inappropriately touching the woman, a convenience store clerk he had met during his patrol breaks at the store... [Deputy Utah County Attorney Donna] Kelly declined to discuss the specifics of the case... If convicted, Nielsen could face up to 30 years in prison and $21,000 in fines, but Kelly said it was "very likely" he will be placed on probation... Nielsen is scheduled to make his first court appearance in 4th District Court on Jan. 27...

OFFICER BARRY NIELSEN PLEADS GUILTY SEX BATTERY
Provo
Jun 29, 2006,
A former Orem police officer will not spend any time in jail after pleading guilty Tuesday to one count of sexual battery. Barry Nielsen, a former Orem police sergeant, resigned in December after an internal investigation into allegations that he assaulted a woman after giving her a ride home from her job...  Nielsen was originally charged with two counts of forcible sex abuse, a second-degree felony, and one count of lewdness, a class B misdemeanor. However, Nielsen agreed to plead guilty to a reduced charge in a plea deal recently reached with the Utah County Attorney's Office. As part of the deal, Nielsen will not pay any fines or spend any time in jail, which is what the victim wanted, said deputy Utah County attorney Donna Kelly. "She wanted him to acknowledge (the) wrong and get treatment"... The arrangements of the deal also require Nielsen to spend 24 months on supervised probation... After that, Nielsen can withdraw his plea of guilty to sexual battery, and enter a guilty plea to a lesser charge of lewdness, a class B misdemeanor, for his permanent record. Nielsen must also complete a psycho-sexual evaluation and comply with any recommended treatment...

BAD COPS RECEIVE A GOOD CLEANING: Police board did double duty to reprimand officers in ongoing cases
The Salt Lake Tribune
By Nate Carlisle
Published March 25, 2008
In what might be the largest docket in its history, the state's police board Monday booted or disciplined more than 30 peace officers accused of wrongdoing... The board, called the Utah Peace Officer Standards and Training Council, adjudicated twice as many cases as normal for its quarterly meeting. Winward said the high number was not the sign of an increased discipline problem in Utah police but rather investigators and the board trying to adjudicate cases that had been ongoing. "We were cleaning things out," Winward said. The board meeting is coinciding with the annual conference of the Utah Chiefs of Police Association. One of the conference discussion items for Tuesday is titled "Ethics on the Job: A Continuing Challenge."... Which officers were disciplined? Other current or former peace officers disciplined... OREM POLICE: Barry T. Nielsen, revoked for conviction of sexual battery...
[police officer involved domestic violence oidv intimate partner violence ipv abuse law enforcement public safety special treatment rape sex sexual date rape teflon utah state politics]

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