The Publicity Rand Paul Did NOT Need. *SIGH*.

Rand Paul volunteer assaulter Pezzano missing: Sexual battery charges possible

Mike Pezzano, the Ran Paul volunteer who tackled and threw down Lauren Valle. Pezzano was also seen to be grabbing the breast of Valle as she was being pinned down. Grabbing the breast of Valle could bring the possibility of sexual battery charges.

... to AP and did an interview with a Kentucky TV news program, the other assault suspect Mike Pezzano has kept a lower profile. Kentucky police are considering charges against at least two more Rand Paul supporters caught on tape wrestling Lauren Valle to the ground while Tim Profitt stomped on her head.

"At this point, the investigation is still ongoing," Lexington Police spokeswoman Sherelle Roberts said. "We're looking into other individuals who may have been involved in the assault and could get charged." Though Pezzano has not been identified by Lexington police, evidence that has surfaced in Tea Party blogs have positively identified him as the person who dragged Valle to the ground while holding her by her left breast as she was forcibly restrained.

Rand Paul volunteer Mike Pezzano is nowhere to be found and is presumed hiding or quietly trying to find a really good criminal defense lawyer. Pezzano has been positively identified by anonymous Tea Party activists who published his pictures online in the same plaid shirt worn by Valle's attacker.
Mike Pezzano's picture was anonymously distributed by Tea Party activists who were offended by his assault of activist Lauren Velle

Lisa Graas blog

Mike Pezzano's picture was anonymously distributed by Tea Party activists who were offended by his assault of activist Lauren Valle

In the widely distributed video published by the Associated Press, Pezzano is seen tacking and pushing Valle down to the ground as he was grabbing her left breast. Look at 0.09 second frame.

Grabbing Valle's breast as she was being pushed down is significant as it can be grounds for sexual battery in addition to fourth degree assault.

A frame by frame review of the assault by Pezzano clearly shows him grabbing Valle's left breast as he forcibly restrains her. Valle provides no resistance as she is brought down and instinctively assumes a fetal position trying to protect herself.

The video evidence and the high profile nature of the assault is compelling and could force the hand of Lexington police and prosecutors to upgrade charges from fourth degree assault to sexual battery. In the case of head stomper Tim Profitt, Valle's resulting concussion also brings a strong possibility of an upgrade from fourth degree assault to felony assault.

A Talking Points Memo reader who claims to have been a former Fayette County prosecutor wrote:

The Lexington-Fayette police department, which is evidently conducting the investigation, is very professional and non-political. They can charge under KY law without consulting either Larson or Roberts, but as a practical matter I am certain there is consultation going on.
In this still frame, it is clear that Pezzano grabs Valle's breast as he forcibly restrained. The act of touching Valle's breast in the act of restraining her brings the possibility of sexual battery in addition to fourth degree assault.

In this still frame, it is clear that Pezzano grabs Valle's breast as he forcibly restrained. The act of touching Valle's breast in the act of restraining her brings the possibility of sexual battery in addition to fourth degree assault.

I worked with Larson 30+ years ago but have not spoken to him in many years. Larson is elected as a Democrat, BUT he is totally non-partisan in how he makes decisions on prosecutions. Larry Roberts, likewise, is elected as a Democrat; although I met him many years ago, I cannot say that I know him. He also has a reputation within the legal community of being of the highest personal integrity and makes decisions on prosecutions strictly on the merits and on a totally non-partisan basis.

Although both men are elected Democrats, politics will not have anything to do with any decision either may make in this case. I should also state that there is no question that these are tough, hard-nosed prosecutors.

Based upon the video and assuming there is no exculpatory evidence not on the video, the perpetrator(s) would be well advised to get a first rate criminal attorney and start plea bargaining and hope they can do some time on a misdemeanor in the Fayette County jail. If the report is correct that the victim suffered a concussion, then a felony prosecution is very a distinct possibility. No competent defense attorney wants to cross examine that video.

There is no doubt that civil charges will be filed by Valle in addition to criminal charges that will be filed by Lexington.


Read more: http://www.sfgate.com/cgi-bin/blogs/ybenjamin/detail?entry_id=75637#ixzz13c7N2LoZ