U.S. v. Estep, CRIM.A. 04-14-DLB.

• Decision Date: 27 June 2005
• Docket Number: No. CRIM.A. 04-14-DLB.,CRIM.A. 04-14-DLB.
• Citation: 378 F.Supp.2d 763
• Court: U.S. District Court — Eastern District of Kentucky
• Parties: UNITED STATES of America Plaintiff v. John H. ESTEP Defendant

Page 763

378 F.Supp.2d 763

UNITED STATES of America Plaintiff v. John H. ESTEP Defendant

No. CRIM.A. 04-14-DLB.

United States District Court, E.D. Kentucky, Ashland Division.

June 27, 2005.

Mark A. Wohlander, Assistant United States Attorney, Lexington, KY, for U.S.

Richard A. Hughes, Ashland, KY, for John Estep.

ORDER

BUNNING, District Judge.

On May 2, 2005, the Court conducted a hearing to determine the proper amount of restitution owed to the victims of Defendant's criminal conduct. That hearing was conducted pursuant to 18 U.S.C. § 3664(d)(5). Defendant was present, with counsel, Richard Hughes, Esq. The United States was represented by Assistant U.S. Attorney Mark Wohlander. The proceedings were recorded by Official Court Reporter Amy J. Blosser.

During that hearing, the Court heard testimony from Betty Estep, Defendant's ex-wife and mother of one of the victims, and Dawn Hall, another mother of one of the victims. These two witnesses were the only witnesses who testified during the hearing. After listening to their testimony, the Court finds each witness was very credible. Subsequent to the hearing, the record was supplemented with the deposition of Dr. Sharon W. Cooper¹, who provided testimony regarding the problems the child victims were likely to encounter throughout their lives as a result of the sexual abuse and exploitation, as well as the anticipated costs of treatment necessary for the child victims. Upon consideration of the witnesses' collective testimony, the Court makes the following factual findings:

I. Findings of Fact

Betty Estep

Betty Estep testified that as a result of Defendant's sexual abuse of her daughter (Victim No. 1), of which she became aware on December 28, 2003, she initiated divorce proceedings against Defendant. Betty Estep has incurred attorney fee costs relating to her divorce of $1,026.55. The divorce was uncontested.

At the time she became aware of the sexual abuse and exploitation of her daughter by Defendant, Ms. Estep and Defendant were in the process of purchasing the home in which they were residing. After the abuse and exploitation was revealed, Ms. Estep's neighbor purchased that same house and beginning in mid-April, 2004, Ms. Estep began renting the house from her neighbor. Ms. Estep lived in the house with her four children. The rent was $500 per month and lasted for approximately seven months. Although Ms. Estep owes her neighbor $3,500 in back rent, she is not out-of-pocket that amount.

Dawn Hall

Dawn Hall is the mother of one of the victims (Victim No. 3) of Defendant's sexual abuse and exploitation. Once Mrs. Hall learned of Defendant's abuse of her daughter, her daughter confided in her that she was being ridiculed and harassed at school by two other girls in her class. Due to the harassment, Mrs. Hall's daughter would call her crying from school.

For her daughter's well being, and to stop the other two children from teasing her about what had occurred, Mrs. Hall removed her daughter out of Charles Russell Elementary School and enrolled her in Poage Elementary School. Although her daughter had been able to take the school bus to Charles Russell, and was able to ride a handicapped bus to Poage for the remainder of the 2004-2005 school year, she will not be able to do so for the 2005-2006 school year.² Because she will not be able to take the school bus to Poage Elementary, Mrs. Hall will have to drive her daughter to and from school each day for three years. Hall explained that the round trip distance is 9.6 miles. Based on 175 school days per year, at 1,680 miles per year, for 3 years, at a rate of $.0.405 per mile, which is the current government reimbursement rate for witness travel, her total expense is $2,041.20.

Mrs. Hall also explained that since the abuse and exploitation, her daughter's behavior has drastically changed and has difficulty sleeping. (Doc. # 31, Estep Presentence Report at ¶ 44). Mrs. Hall further explained that her daughter has told her that "when she grows up, she does not want to have any children because she is afraid she will `do it' to them." (Id. at ¶ 46) Her daughter also has nightmares about Estep getting out of jail and kidnaping her. (Id.)

Dr. Sharon Cooper

Dr. Sharon W. Cooper, a nationally recognized expert in the area of Forensic Pediatrics, testified via deposition in this case. Her deposition transcript is contained in the record at Docket Entry No. 38. Upon reviewing her curriculum vitae, counsel for the Defendant was satisfied that the Court would accept her as an expert. (Doc. # 38, Cooper Depo. at p. 3). Having reviewed her extensive background in developmental and forensic pediatrics, the Court finds Dr. Cooper to be very well credentialed and qualified to give expert opinions in this case regarding the need for past, present and future treatment for the three child victims.³ The Court's Daubert finding is supported by not only her extensive knowledge and background in her area of expertise, but also the recent textbook Cooper has authored on child exploitation.

Dr. Cooper testified that based on her extensive experience in child development, there are four specific areas in a victim child's development that may be impacted as a result of child sexual abuse and exploitation. These areas include: (1) behavioral problems which are often seen during childhood, adolescence and in adult years; (2) occupational impact particularly in the area of education for children and youths; (3) psychological diagnoses commonly seen as a result of abuse; and (4) medical complications throughout the course of the child victim's life which have been well documented in adults victimized by sexual exploitation during childhood. Dr. Cooper also testified about the need for and estimated costs of future treatment necessary for victims of child sexual abuse and exploitation.

Because of the vile, disgusting, and heinous conduct perpetrated on the three child victims in this case by Defendant, and the fact that this Order is of public record, the Court will not summarize the level of abuse and exploitation set forth in the presentence report, which has been filed under seal. Nor will the Court summarize the abuse and/or exploitation revealed by each child victim which was reviewed by and relied upon by Dr. Cooper in preparation for her testimony and opinions. Suffice is to say, each child victim suffered many heinous acts which will have a permanently effect on each of them as they become teenagers and adults. Additionally, each child victim was required by Defendant to play a sick and demented computer-type game whereby if they lost the game, they would be forced to do some sort of sexual act against their will for the Defendant. Moreover, they each were required to engage in coerced mutual sexual offending, whereby Defendant would force them to perform some sexual-type act with one another. While Victim No. 1 suffered the most lengthy period of abuse and exploitation, and the other two victims suffered approximately twenty such encounters with Defendant, each child victim is scarred for life. Cooper explained that the abuse and exploitation are life altering events for not only the victim but for her family as well.

Dr. Cooper explained that child sexual abuse and exploitation victims commonly suffer from a large number of behavioral problems. These problems include sexualized behaviors; elimination of appropriate boundaries; re-victimization and its associated risks; higher levels of shame, self blame, responsibility for the conduct; lower self-esteem; risk taking behaviors; sexual offending behaviors toward other children; self-injurious behaviors such as cutting and self-mutilation; distractability, as is seen in ADHD even if the victim had never suffered from ADHD prior to the abuse/exploitation; fearfulness; anger outbursts; withdrawn behaviors; somatic complaints; fearfulness of becoming an offender against children when they grow up; substance abuse; and being afraid to sleep alone. According to Dr. Cooper, many of these behavior characteristics have already manifested themselves in the three child victims in this case since December, 2003 when the abuse was revealed.

Dr. Cooper also testified that victims of child abuse and exploitation also suffer from widespread occupational problems. Among those are an inability to concentrate in school which in turn leads to poor performance which has a significant impact on the child's future employability. Although there is literature which points out that many child sexual abuse and exploitation victims are resilient and continue to make excel in school, Dr. Cooper indicated that there is significant research which reveals that child sexual abuse and exploitation victims have lower school achievement and greater cognitive impairments which are related in part to the child victim's distractability and their intrusive thoughts which may occur during the school day. To the extent the children were also sexually exploited, as was the case with the three victims in this case, Dr. Cooper also indicated that a child victim's impairments are related to paranoia that other children know, or will know, what happened to them.

Dr. Cooper indicated that two of the most common Diagnostic Statistical Manual, Fourth Edition, Revised (DSM-IV Rev) diagnoses found with child sexual abuse and exploitation victims are post traumatic stress disorder (PTSD) and depression. However, Dr. Cooper emphasized that other diagnoses would include anxiety disorder, dissociation disorders, obsessive-compulsive disorder, addiction to drugs and alcohol, eating disorders, and sexual dysfunctions. As with the behavioral problems, the child victims in this case have already begun to experience some of these psychological problems as well.

Dr. Cooper also explained that the most significant psychological disorders which could occur are suicidal tendencies by the victim of child sexual abuse or child...