September 15, 2009|By Andrea F. Siegel | Andrea F. Siegel,Andrea.siegel@baltsun.com
A 17-year-old boy who told police that he raped a 7-year-old girl in his Crofton neighborhood will be tried as an adult - though the judge who made that decision Monday said he wished he had another option.
Anne Arundel County Circuit Judge Philip T. Caroom said David B. Raszewski would be better helped by intensive treatment until the age of 21 in a locked juvenile facility, which has tailored programs for youths like him, than in a prison where programs are less specialized and geared toward older offenders.
But the judge said the public safety risks of sending the teenager through the juvenile system, from which he would be released without monitoring at the age of 21 even if he did not complete treatment, were too great. He said David admitted that he knew it was wrong to have lured the youngster into his home from a playground and sexually assaulted her after her babysitter took her brother to the bathroom, but he did it anyway.
"From society's point of view, it would be unforgivable for a second crime to occur when the courts ... had an opportunity to prevent it," Caroom said.
He said he wished Maryland offered a tiered system that would start with juvenile treatment, followed by aspects of adult court once the offender is pushed out of the juvenile system at age 21.
David will face 19 charges at an adult court trial scheduled for Sept. 29. The most serious is first-degree rape, for which the maximum punishment is life in prison.
Defense lawyer James E. Crawford Jr. was considering an appeal.
"We have three people here, three experts, telling us that [a youth facility] is the best place for David to be," Crawford said. He said New Directions, on the grounds of the former Hickey School, also could address his client's autism disorder and learning disabilities, and that David could be victimized in an adult prison.
But Assistant State's Attorney Sandra F. Howell said "it was the only decision to make about these difficult events."
The victim's family, some of whom left the courtroom as the March 20 crime was detailed, appeared relieved.
"This is about all kids, all children. Hopefully, this will never ever have to happen to another child," her aunt said.
