(Comments and transcript excerpts typed by Jeff Stack, Mid-MO FOR coordinator)… 

IN THE CIRCUIT COURT OF COLE COUNTY,

STATE OF MISSOURI

 STATE OF MISSOURI, Plaintiff,

vs. 

No. 02CR325772   DOMINIC MOORE,  Defendant.                                                                  

TRANSCRIPT            OF            PROCEEDINGS

On February 3, 2003, the above-entitled cause came on for hearing before the Honorable Thomas J. Brown, III, Judge of Division I of the Cole County Circuit Court.

The State was represented by Mr. Anielak, Assistant Prosecuting Attorney, Cole County, Jefferson City, Missouri.

The Defendant was present in person and was represented by Mr. Jan King, Public Defender, 211 Adams Street, Jefferson City, Missouri.

REPORTED BY:

KIM D. MURPHY

Certified Court Reporter Cole County Circuit Court, Division II

KIM D. MURPHY, CCR

573-634-9195

PAGE  2

THE COURT: Ladies and gent1emen, your lawyers have indicated to the court that they believe that it's your intent to withdraw your previously entered plea or pleas of not guilty and enter a plea or pleas of guilty today. I'm sure that's pursuant to some kind of plea discussion with the prosecutor, and we'll talk about your specific charges, the range of punishments, the understandings that you have, if any, with the prosecutor, and a number of other things individually with you in a minute.

            Before I get to that point, it's required that I go through an explanation of rights to any defendant who intends to withdraw a plea of not guilty, so I can be sure you know what your rights are and you know what you're giving up if you decide to plead guilty.

Because you all share those rights in common, I'm going to go through this explanation

with you as a group. So I want you all to listen carefully.

            If at any time during my explanation you don't understand something, because I haven't spoken clearly or you're just not getting it, raise a hand and I'll stop,

ask you what your question is, and…..

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your sentence might be.

            Mr.Moore, you're the top file on my list. Were you able to hear and understand the explanation of rights that I went through?

            DEFENDANT MOORE: Yes, sir.

THE COURT: Understanding what your rights are then, and what the effect upon your rights will be if you p1ead guilty, is it still your desire here this morning to withdraw the previously entered plea of not guilty you have to the charge pending against you and to enter a plea of guilty to that charge?

DEFENDANT MOORE: Yes, sir.

THE COURT: Mr. King is here with you. He is your counsel in the case. Have you had as much time that you need to discuss this decision with him?

DEFENDANT MOORE: Yes, sir.

THE COURT:            And you understand that the charge filed against you to be a Class A felony of forcible rape?

DEFENDANT MOORE: Yes, sir.

THE COURT: And you understand the range of punishment for that offense to be a minimum sentence of ten years to 30 or life?

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            DEFENDANT MOORE:  Yes, sir.

THE COURT:Now, you understand the state has pleaded that you are a prior and persistent offender; do you not?

            DEF: Yes, sir.

COURT: Has anybody put any pressure on you to force you, sir, to make this decision?

            DEF: No, sir.

            COURT: Plea agreement, Mr. Anielak?

            ANIELAK: Your Honor, can we approach?

            (THE FOLLOWING PROCEEDINGS WERE HELD AT THE BENCH.)

            ANIELAK: The victim would like to address the court.

            COURT: Fine.

            (THE PROCEEDINGS RETURNED TO OPEN COURT.)

            COURT: Make a recommendation.

            ANIELAK: The state’s recommendation is 30 years.

            COURT: Mr. King, was that your

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            COURT (cont.) understanding of the state’s recommendation?

            MR. KING: Yes sir. Concurrent.

            COURT: Most importantly, Mr. Moore, was that your understanding of the state’s recommendation, 30 years, to be served concurrent with any sentence or sentences you’re now serving?

            DEF: Yes, sir.

            COURT: Okay. Have you had any type of medication, drugs or alcohol, in the last 24 hours?

            DEF: No sir.

            COURT: Have you ever been treated for any form of mental illness?

            DEF: No sir.

            COURT: Are you pleading guilty of this charge of your own free will?

            DEF: yes sir

            COURT: Are you pleading guilty to this charge because you are, in fact, guilty of this charge?

            DEF: yes sir.

            COURT: This charge alleges that on July 12^th, 200w, I Cole County, Missouri, that you had sexual intercourse with Gabrielle Peyton by the use of forcible compulsion. Are those facts true?

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            DEF: Yes sir.

            COURT: Mr. Anielak, I understand that the victim in this case is here and wishes to address the court?

            ANIELAK: That’s correct your honor..

            COURT: Ms. Peyton—if I pronounced your name correctly—please come up ma’am. If you’d step over here to my left. Please have a seat. …

            PEYTON: ….I do prefer to be called Gabrielle, please.

            COURT: Okay. Excuse our formalities around here, but we don’t encourage people to refer to each other by their first name in the context of what we’re doing, but this is a different moment. Gabrielle, what is it you’d like me to hear?

            PEYTON: Thank you. I ask, Judge Brown, that you listen to everything that I have to say. I was in that room for an hour.

            COURT; Go ahead.

            PEYTON: And (I) could say very little. I was there against my will. And so I ask that you…

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            PEYTON: (cont.)..hear everything  that I say. (Minute silent pause, while Gabrielle waits for the judge to stop writing and for him to focus eye-to-eye with her)…

            COURT: Go ahead please.

            PEYTON: Thank you. I am a Christian. And according to the teachings of Jesus Christ my Lord and Savior, he asks me first to love God with all my heart, all my mind, and all my soul. And the second commandment is to love my neighbors and myself. And he also spoke the golden rule, which is to do undo others, as you would have them do unto you. And so that’s what I speak about.

            When Dominic held me in that room and choked me and threatened me with my life, I have never been treated like that. Never. And I did not deserve that. And it was a struggle.  And it still continues to be at times. Because when he choked me, when he choked me, my thyroid is till enlarged from that. And I like to wear turtlenecks or mock turtle necks. If I wear them they’re very uncomfortable, because my neck is very sensitive. So I have a daily reminder of what he’s done to me.

When I first go to the mall—I need some water, please. (Pauses to drink) When I would first go to the mall, I was so afraid to be around people. And I still struggle going into public restrooms. I make myself aware of who’s there. I’ve never…

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            PEYTON: (cont.) ..been like this before. And it sounds so illogical, Because I know I never was this way before I was assaulted.

And if it’s a restroom for just one person and I lock the door, you don’t know how many times I think about, “Okay, is there anybody in here with me? Am I okay?” And even when I’m in a women’s restroom and I hear people come in  I am always so aware

 of their movement. There’s no peace in restrooms for me.

I’m certain I haven’t been a good mother to my children since then, because I can’t say that I’ve been there for them all the time when they’ve needed me.

            I am just grateful to be alive. The problem I have though is that, um I would not want to be treated the way Dominic is right now. Please understand I know that he’s a very sick man. I understand that very clearly.

            When I met Dominic he was in a treatment program at the Jefferson City Correctional Center. He—I didn’t know it at the time—didn't know that he was a sex offender. Not that that would have made any difference in the fact of whether or not I would have sat with him and some one-on-one…..

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            PEYTON: (cont.)..counseling on the occasion that I did. But I remember asking him, I remember asking him what he was in prison for. And I typically don’t do that, because it becomes irrelevant in the role that I’m playing as the counselor, working with them where they are then. And he told me that he was in for drug trafficking.

            The program that he was in doesn’t address the reasons that he’s really in prison for. And so my concern is here, based on my observations, it’s not the time that changes a person, it is their willingness to change and the opportunities being provided to them. Granted, Dominic was not totally honest. I understand that now. I think it takes a lot of courage for him to sit her and admit this when he can be looking at 30 years.

            And being this third rape, the problem I have, he was not provided the opportunities to address his, his, um, his crimes. So what I see, what I see is a very sick individual who needs some help and was not provided the proper assistance that he needed.

            It was real clear. It’s on his face sheets. I just looked at them a little while ago. It’s right here. And no here is again having…

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PEYTON: (cont.)..done what he has in prison for. There’s been no change.

            My problem is that he was not provided the opportunities, and now he is given this additional burden. He’s given this additional burden to do more time. It’s not the time that’s changing him. It’s not the time that changing him. It’s his willingness, and he is already speaking  to that. And I admire him for that. Just by the bleakness of an ugly sentence like that. I understand that he’s serving 20 years for each of those rapes, if I understand correctly, from his face sheets. I think the system failed him is what I think.

And I know what I’m speaking about isn’t what other people would say. But I was the one in that room. I was the one held against my will. It wasn’t the legislature who made that law about third offense, whatever they call that (three strikes, you’re out, “persistent offender” designation are a couple varieties of it). I was the one in there. And so it’s my voice that speaks to your conscience (Judge Brown).

This man was not provided the opportunities that he needs to be successful. And despite- despite the system, I ask that that be acknowledged and rewarded.

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            PEYTON: (cont.)…Judge his future is in your hands. I don’t request, I don’t plea, I beg you, I beg you, minimally. If you really wanted (to honor) my real wish, it’s just erase it all (another prison sentence). Please. Then I know that my voice will (have been) heard.

            I was the one in that room….I would like this man to have another opportunity. “Do unto others as you would have them do unto you.” I would like when I do things wrong to be forgiven and have new beginnings. And that’s what I ask for him.

            (Turning while seated, then facing the defendant, about 25 feet away) Dominic, I forgive you. I forgive you. I forgave you in that room when I prayed. You are my brother. And I love you. And there’s other people here supporting you saying the very same thing. They’re hear. Because they care about you too Dominic. Do you hear me?

            MOORE (The Defendant nodded his head.)

PEYTON: I’m speaking to the goodness that’s in everybody. And I know that you are far greater than what you have shown by your behaviors in the past. I know you are. I am certain of that. There’s no doubt in y mind. And IU know that given…

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PEYTON: (cont.)….the opportunity to do it right, I know you will. I am certain of that. I am certain. And I just ask you, Judge,erase it. Erase it. I was the one in room. Please.

COURT: Thank you, Ms. Peyton. Mr. Anielak, any other area I have not covered?

ANIELAK:I DON’T BELIEVE SO< Judge.

COURT: Mr. King, any reason why judgement and sentence should not be pronounced?

KING: No sir.

BROWN: Mr. Moore, there’s a lot for you to reflect upon that was just stated here. But this court is not about the forgiveness for your wrongs, in terms of your mortal soul. This court is about a fair and just sentence for the crime you committed, considering the background that you have.

Ms. Peyton clearly was the victim in the room in this case. She wasn’t the victim in the room in (your) prior cases. This court cannot take a chance that there might be another victim in another room some (other, future) day. But that truly is a separate question in how you chose to make what’s left of your life.

I suppose by the state’s recommendation that they’ve given some consideration to Ms. Peyton,…

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BROWN: ..because your sentence, at least on this charge, shows two convictions. And if Ms. Payton was  correct that you have 20 year sentences on the sentences from the Circuit Court of the City of St. Louis that were imposed in February of 2000, then eight years in, doesn’t sound right to me, counsel. I don’t know. Unless there was reversal and re-sentencing with a lot of credit for jail time.

Whatever those sentences ere, the state’s offer includes concurrent time. So as opposed to 30 years consecutive or a life sentence consecutive or a life sentence consecutive, which you could well have received if you’d gone to trial in this case, what you’ve gotten is 30 years recommendation of 30 years concurrent. But you know what that means to you. The likelihood of you being paroled is pretty slim. So the majority of the rest o your life you’re going to be spent locked in a n institution. Most of that’s going to happen no matter what I sentence you to here.

So I don’t want Ms. Peyton to think the court’s not mindful of what she says. I take I the prosecutors were mindful in some respect o what she said. It’s still up to you.

Pursuant to the plea agreement,

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                BROWN: (cont.).. defendant is sentenced to a term of 30 years in the Missouri Department of Corrections an Human Resources. That sentence is to be served concurrently with any term or terms he’s presently serving……..