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Indiana judge gives no prison time to man who drugged, raped wife

  1. Basoodler

    When Mandy Boardman walked into the sex crimes office of the Indianapolis Metropolitan Police Department, she arrived with a bizarre and downright creepy allegation.

    Boardman, a small-business owner, told a detective on May 10, 2011, that her husband, David Wise, had been drugging her for at least three years and raping her in her sleep -- and that she had found video clips on his phone.

    For years, she said, she had been feeling sleepy for no reason and had found eye droppers around their bedroom. Sometimes, she said, she would see a strange powder in her drinks, or would wake up with a pill partially dissolved in her mouth, and see her husband slipping away with a flashlight in the dark.

    After she confronted her husband, he emailed her, according to police records. "I was taking advantage of you in your sleep and you kept coming to me and telling me it was NOT ok," Wise wrote in an email to Boardman before she went to the police. "I needed to stop."

    But perhaps the strangest thing is what happened after a jury convicted Wise last month of six felony charges related to sexually assaulting his wife.

    On Friday, a Marion Superior Court judge sentenced Wise, 52, to 20 years -- but not a day in prison. Of the sentence, 12 years were suspended and 8 years were to be spent in home confinement.

    Prosecutors had asked for 40 years in prison.

    And Boardman -- who divorced Wise after discovering what he'd been doing -- is furious.

    "To have my rapist, my attacker, convicted on all six counts, only to be let go – only for him to walk out that door the same time I could -- was just unfathomable," Boardman told the Los Angeles Times in a phone interview on Monday. "I never thought that he would be at home, being able to have the same rights and privileges as I do.”

    Boardman, 36, is particularly outraged by what Marion Superior County Judge Kurt Eisgruber said to her in court.

    "While the judge was giving his opinion on the sentence, he first turned to me and told me I needed to forgive my attacker, which is unfathomable," Boardman told The Times. "He told me I needed to forgive my attacker and I needed to let my attacker walk. It was a punch to the gut from the justice system -- or from one judge.”

    The Marion County Prosecutor's Office confirmed the accuracy of Eisgruber's remarks.

    Other judges have become targets of national criticism when they are seen as being too lenient on rapists.

    Last August, when a Montana state district judge sentenced a high school teacher to a month in prison for raping a 14-year-old student who later killed herself, he was swiftly denounced by protesters and public officials for giving too light a sentence.

    Victims' rights advocates in Indiana have expressed concern over Wise's sentence.

    Marion County Deputy Prosecutor Courtney Curtis, who handled the case, told The Times that she was not allowed to express an opinion about the judge's sentence, but said the crime certainly seemed to warrant a prison term.

    "In these types of cases, we always ask for prison time because they are violent crimes of a horrible, horrific nature," Curtis said. "The fact that someone drugged their wife -- drugged anyone -- for three years, and then videotaped that -- we always ask for prison time, and that’s what we asked for in this circumstance.”

    Judge Eisgruber, a former prosecutor who was elected to Marion Superior Court in 2008 and is running for reelection in November, told The Times that he couldn't comment on the sentence because Wise had filed an appeal of his conviction.

    But when asked to clarify his remarks to Boardman about forgiving her husband, Eisgruber said he made them in the spirit of "I hope that you can forgive him one day, because he's obviously struggled with this and struggled to this day, and I hope that she could forgive him.

    “Ultimately, I think that helps a lot of people heal -- it helps them to reach that point," Eisgruber added. "Some can, some cannot. I’m not in her shoes, I’m not able to say one way or another … It's not something that’s limited to her or this case. But when people are really struggling, I just offer that out. ... I just hope that they find peace."

    Wise spent a total of 24 days in jail before sentencing, according to the prosecutor's office. He couldn't be reached for comment. Wise's attorney, Elizabeth Milliken, said she could not comment because Wise was appealing his conviction.

    At trial, Wise did not confess to sexually assaulting his wife, but did admit having the videos on his phone, said Curtis, the prosecutor.

    Wise also told the jury why he had been drugging his wife: "She was snippy and it made her nicer when he drugged her," according to the prosecutor. Officials think Wise may have been using Xanax, but weren't sure.

    Wise was convicted of one count of rape and five counts of criminal deviate conduct.

    Each of those charges normally carries six to 20 years in prison, said Curtis, who added that Eisgruber "didn’t really give a reason" for why he decided to give Wise home detention.

    Wise will wear a GPS monitor and is allowed to leave home to go to work if he gets a job, Curtis said.

    "He’s currently unemployed, though, so he’ll mostly be at home watching TV,” Curtis said, adding, "For the eight years he’s on home detention, he’s not required to be on therapy or get treatment of any kind."

    The Los Angeles Times normally does not identify victims of sexual assault. But Boardman said she wanted her name printed and her story told because she wanted other victims "to see that I am a normal person who is fighting for the same thing they’re fighting for.”

    Boardman had fully supported a lengthy prison sentence for her ex-husband, with whom she has two children. Now, she worries that his home-confinement sentence is "basically stating there will be no consequences for your crime; he got to go home.”

    "Somebody who premeditates what he’s doing to me, over and over again, for three-plus years, in my own home, in my own bed, by somebody I trusted fully, 100%, deserves to spend a great deal of their life in prison to pay for it," Boardman told The Times. "What he did was wrong, and it was proven that it was wrong, and there was no consequence."

    Boardman added: “He never once apologized, never once expressed any type of remorse, and his explanation for admittedly drugging me was because I was snippy. Women, don’t get snippy out there; you might get drugged and raped.”

    Matt Pearce
    9:27 pm, May 19, 2014



  1. ianzombie
    Imagine the judges daughter was married to this sicko and they had been drugged and raped for several years, he certainly cant seem to imagine it. How is this guy a judge at all?

    Seems to me (admittedly based only on this article) that he is a misogynistic asshole.

    The guy admitted to drugging and raping his wife. Would the judge have given a different sentence if it had been a stranger? Is this some sort of backward religious 'forgiveness' he wants her to have, it certainly seems as if he has a very old and backward idea of how a wife should be.

    And there is also an issue with creating an addiction to benzos as well as the possibility the wife could have died from the drugs.
  2. RoboCodeine7610
    The sentence can be left up for debate. 40 years certainly seems excessive, but he should have been put in jail. What I really don't understand, however, is how a judge gets away with talking to the prosecution about "forgiveness". It's a level of inappropriateness that I never thought would be permitted anywhere outside of the 3rd world.

  3. Basoodler
    Woman testifies that ex-husband drugged and raped her

    Kristine Guerra, kristine.guerra@indystar.com

    A woman who accused her former husband of drugging her, raping her while she was asleep and taking videos of the acts said she felt "violated" and "dirty" after she found the recordings on his cellphone.

    The mother of two testified during a jury trial that began Monday in Marion Superior Court. Her former husband, David Wise, 52, is facing rape and criminal deviate charges in an unusual sexual assault case in which videos of the alleged crimes will be presented as evidence to the jurors.

    The Indianapolis Star is not naming the woman because it typically does not identify people who have been or may have been victims of sexual assault.

    The woman, 36, accuses Wise of drugging her on several occasions during their 12-year marriage. She said she found three sex videos of herself, taken at different times, on her husband's cellphone in 2008.

    In testimony Monday she said there had been earlier times when she woke up feeling like her body had been "messed with." She also said she had woken up without any underwear on and without any memory of taking it off.

    "That doesn't happen," she said on the witness stand. "It was off. There was no reason."

    The woman, with a tissue in her hand, stared at the lawyers as she answered questions. A few times her eyes wandered to the jurors and to the courtroom gallery. She looked at Wise only when the prosecutor asked her to identify him.

    The alleged crimes happened in 2008, about two and a half years before the woman reported the incidents to police. When asked why she didn't make a report sooner, she said she didn't want her children, a son and a daughter, to grow up without a father.

    "I had a life. I have two kids," she said. "I didn't want my kids to suffer for this."

    In her opening statement, Wise's lawyer, Indianapolis defense attorney Elizabeth Milliken, said the woman didn't report the incidents "because she knew there would likely be evidence" that would discredit her.

    "She didn't report it so she can hold it over David Wise's head," Milliken told the jury.

    The couple divorced in 2009.

    Milliken began her opening statement by saying that the woman is 16 years younger than Wise and went out frequently with her friends. Milliken said the woman liked to drink and smoked marijuana regularly.

    "She had a lot of fun. He didn't mind that," Milliken said. "She was still partying like she was 20 years old."

    Milliken also asked the jury to be skeptical of the authenticity of the videos, adding that "nobody has any memory" of the incidents shown in the footage.

    "Is the video actually what the state says it is? Can you trust this video footage?" Milliken asked the jury. "Is David Wise actually the perpetrator?"

    The woman had said she recognized Wise's hand and wedding ring in the videos. She also said she used a camcorder to record the videos while they were playing. Later, she asked a friend to make a DVD copy of the videos.

    Marion County Deputy Prosecutor Courtney Curtis assured the jury that the videos will convince them that Wise took advantage of his ex-wife while she was asleep.

    "You will see what she saw," Curtis told the jury. "It will be clear to you what was clear to her."

    Curtis began her opening statement with the events leading up to the discovery of the videos. She said Wise had been drugging the woman since 2005 and the woman, on at least one occasion, had woken up with a pill dissolving in her mouth.

    "(She would) wake up feeling like she had had sex without any memory of the sex or memory of consenting," Curtis told the jury.

    Aside from the videos, other evidence includes letters that Wise wrote to his ex-wife and email conversations in which Wise, prosecutors said, admitted taking advantage of the woman.

    The jury trial, presided by Marion County Superior Court Judge Kurt Eisgruber, is expected to end later this week.

  4. Basoodler
    It looks like the reefer madness card was pulled by the defense team.. or it was aleast Intended to discredit her

    This whole story and outcome depresses and and enrages me
  5. RoboCodeine7610
    I don't get it. Why would discrediting her change anything? He admitted to it.

    That's seriously messed up.
  6. AKA_freckles

    That is precisely the tactic used in almost every rape case. Examples like -

    She was flirtatious.
    She was promiscuous.
    She was a heavy partier.
    She dressed provocatively.
    She was sexually active at a young age.

    They use it because it works. Juries and judges eat it up.
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