Sexual Assault Defendant Considers Plea Agreement

By Andrew Gorosko

WATERBURY — A Middlebury woman, who is facing sexual assault charges for allegedly having had an illegal yearlong sexual relationship with an underage male Newtown High School (NHS) student while the woman worked as a NHS guidance office intern, is considering whether to accept a plea bargain agreement proposed by a state prosecutor that would include prison time.

Jillian Gehrkens, 27, of 807 Long Meadow Road, Middlebury appeared in Waterbury Superior Court on November 7, as plea bargain talks in the case continued among Judge Joan K. Alexander, Assistant State’s Attorney John Davenport, and Attorney William F. Dow, III, of New Haven, who represents Ms Gehrkens. Those talks were held in private, outside the courtroom. Such talks have been proceeding for months.

Ms Gehrkens faces two counts of second-degree sexual assault, one count of risk of injury or impairing the morals of a minor, and one count of violation of the conditions of release. She has pleaded “not guilty” to all four charges. A conviction on a second-degree sexual assault charge carries a mandatory minimum nine-month jail sentence.

Ms Gehrkens is free on $25,000 bail and is under limited house arrest, having been largely confined to her home and backyard by Judge Frank Iannotti for allegedly having had contact with the victim in September 2005, after she had been ordered by the judge to have no such contact. That contact led to her arrest on the conditions of release charge.

In court on November 7, Mr Davenport conferred privately with the mother of the victim. The victim’s mother, who did not speak in open court, has attended Ms Gehrkens’ court appearances.

In August 2005, Middlebury police arrested Ms Gehrkens because the alleged illegal sexual activity between her and the victim occurred at her Middlebury residence. Newtown police had provided investigatory evidence to Middlebury police for their case. Police have not disclosed the identity of the victim, who was 15 years old when the relationship began.

Ms Gehrkens had worked as a NHS guidance office intern from January 2004 to January 2005. While an NHS intern, she was affiliated with Western Connecticut State University in Danbury as a graduate student.

On November 7, following several private conferences among those seeking to reach a plea agreement to settle the criminal case, Ms Gehrkens entered the courtroom. She was accompanied to court by her husband and an unidentified woman.

Ms Gehrkens then broke into heavy sobs, crying for an extended period.

Following yet another conference between Mr Dow, Mr Davenport, and Judge Alexander, the judge called on Ms Gehrkens and the two women had a brief conversation.

Judge Alexander told Ms Gehrkens that a conviction on a charge of second-degree sexual assault carries a mandatory minimum nine-month imprisonment.

A sobbing Ms Gehrkens nodded, acknowledging that she understood the minimum penalty.

Judge Alexander told Ms Gehrkens that she must return to court on January 8, to disclose whether she will accept or reject the state’s proposed plea agreement. That plea agreement requires a conviction on one count of second-degree sexual assault.

If Ms Gehrkens rejects the state’s proposed plea agreement, the criminal case would be scheduled for a trial, Judge Alexander said.

An obviously upset Ms Gehrkens then left Courtroom 2-B at 400 Grand Street in Waterbury.

Following court, Mr Davenport said, “Today is the day that ‘reality’ set in” for Ms Gehrkens, noting her emotional reaction to the circumstances of the case.

 As part of its the plea agreement proposal, the state is recommending to Judge Alexander that Ms Gehrkens plead guilty to one count of second-degree sexual assault, that she be required to serve four years in prison, that she receive a ten-year suspended prison sentence, and that she be required to serve ten years of probation after leaving prison.

If the terms of that probation after prison are violated, she would be subject to serving the balance of the ten-year suspended prison sentence. Such probation may include being listed on the state’s sex offender registry, providing DNA samples for reference in other sex crime prosecutions, and being required to avoid contact with certain underage persons.

In effect, Judge Alexander would sentence Ms Gehrkens to prison for a term that would last at least nine months, and possibly extend as long as four years.

If Ms Gehrkens accepts the plea agreement, Mr Dow has reserved the right to argue before Judge Alexander that she should receive a lesser sentence than that recommended by the prosecution, Mr Davenport said.

Mr Davenport said Ms Gehrkens apparently thought that the state would eventually relax its pursuit of the case, but he stressed that the state will not do so.

Mr Davenport said the state will pursue such sexual assault cases in which a female is the defendant and a male is the victim as aggressively as it pursues cases in which a male is the defendant and a female is the victim.

To resolve the case, the state would not prosecute Ms Gehrkens’ other pending count of second-degree sexual assault and the risk of injury charge, Mr Davenport said. Also, the state would seek a second plea agreement with Ms Gehrkens on the conditions of release charge, he said.

If Ms Gehrkens enters a plea agreement with the state, she would likely be sentenced by Judge Alexander in late February or early March, following a presentencing investigation.

Ms Gehrkens gave birth to a baby girl last spring.