Texas man gets six years probation for sexually assaulting intellectually disabled woman

From the Tyler Morning Telegraph in Texas:

A 46-year-old man was sentenced to six years of probation for sexually assaulting a mentally disabled woman at a faith-based care facility in Tyler where his wife worked.

Martin Metzner, was found guilty after more than five hours of deliberation by a six-man six-women jury in 7th District Judge Kerry Russell's Court. Metzner faced five years to life in prison.

He was on trial for sexually assaulting a 32-year-old resident of Breckenridge Village of Tyler in October 2007.

Metzner's wife, Cheri Mickey, said she worked as a house parent on the Breckenridge Village campus before her employee status was terminated.

"I would help supervise the girls in the house. I would assist with cooking, laundry and make sure they didn't get into fights," she said.

As a house parent, she and her family had a separate apartment on the campus where she stayed while not working.

During her seven years of employment with Brecken-ridge, Mrs. Mickey did not have access to the health or mental records of the residents as a house parent, but she knew they were on many different levels, she said.

Mrs. Mickey said many of the women in house No. 1 were able to cook, shop, handle money and perform daily functions, including work at the Breckenridge Village candle shop, including the victim she said.

"I was to integrate patients into independent living," Mrs. Mickey said.

Ms Mickey said that her husband often spent time in the larger house with the disabled women, helping with routine chores and tasks.

"He was never employed by Breckenridge. He helped them (the residents) with a crossword puzzle or hooked up an antenna or put a light bulb in the ceiling," she said.

Mrs. Mickey testified that, while she was angry with her husband for having sexual relations outside the marriage bed, she does not believe he forced himself or took advantage of the victim.

Mrs. Mickey said that, while state and federal laws allow for disabled persons to be married or alone with another person of the same sex, Breckenridge village did not allow any type of sexual contact on its campus.

She said that the victim, along with other "high-functioning" residents, would hang out in groups and discuss sex, which she said was not permitted.

"They were not allowed to talk about sex. The word 'sex' was prohibited," she said, adding she personally remembered patients who left Breckenridge because they were not allowed to engage in sexual contact.

Mrs. Mickey cited an incident at the village where she saw the victim taking part in what she interpreted as sexual activity with a man she referred to as her boyfriend.

She said she believed some residents at Breckenridge should be allowed to exercise their right to engage in a sexual relationship if they desired and some residents, including the victim, were capable of making the decision.

"Some residents have the right to vote and are allowed to exercise their right to vote," she said.

On Wednesday, Dr. Tim Proctor, a forensic psychologist testified Wednesday that he performed a psychological evaluation of the victim to determine if she was competent enough to consent to sexual activity.

He said, through testing, he determined the victim's intelligent quotient (IQ) was 55. An average person's IQ range is somewhere between 70 and 130, Proctor said.

He also testified her reading, math and spelling abilities are at a first-grade level.

Prosecutors played the jury a video interview of Metzner with Smith County Sheriff's Office investigator Tony Dana.

In the video, Metzner said that having a sexual relationship outside of his marriage was wrong.

Dana told the jury that Metzner believed the victim was being denied the right to a sexual relationship based on Breckenridge's religious affiliations and on what the state laws allow for.

"I don't believe a reasonable person goes to Breckenridge Village and seeks out a sexual relationship with a mentally retarded female," Dana said. "It blew my mind. It shocked me and appalled me, and it still appalls me."

Assistant District Attorney Richard Vance said that there is no dispute that the victim is disabled.

"Nothing is more wrong than this man taking advantage of a child in a woman's body," Vance said, adding that Metzner knew it was wrong.

He said that the victim told Children's Advocacy Center forensic interviewer Toska Graham that Metzner told her not to tell because he would go to jail. "Why do you say that? Because he knows he is breaking the law," she said.

Vance said that Metzner's wife has no motive to tell the truth about the victim's ability to consent because she's mad at Breckenridge and wants to defend her husband.

"These are good people," Vance said pointing to a group of Breckenridge employees in the courtroom. "These are helping people with church values, and it is unfair that they ended up with somebody like him (Metzner)."

Metzner's attorney, Mike Head, said the case is not about his client having sex with a child.

Head said that the victim is an adult, and the prosecution wants everyone to believe she is a child.

Head said that people with mild mental disabilities have rights, including the right to meet with whomever they choose in private and get married.

"We're not talking about a child. We're talking about a 32-year-old woman with normal needs," he said, adding that she has talked about wanting to get married one day and have a baby.

Friends and family members of Metzner testified during the sentencing that he is a good father to his two children.

Gerald Mickey said that he has known his son-in-law for more than 20 years.

"I see no benefit in locking him up," he said, adding that Metzner would comply with all rules and conditions of his probation.

He said that, aside from the sexual encounter with the disabled woman, he has "never known him to like cheat or steal anything."

Metzner testified that, because of state and federal laws posted at Breckenridge, he thought the residents were allowed to engage in sexual activity.

He said he was unaware he committed a crime until he was questioned by police about the incident.

"I wouldn't have gone there (to the police) without a lawyer if I thought I had some something wrong," he said.

Metzner admitted having sexual contact two times with the victim, but said that he believed it was consensual.

"In all my life I never, not once, tried to take advantage of someone," he said, adding that it was the victim who approached him on multiple occasions looking for intimacy.

"I let her be intimate with someone she wanted," he said. "I don't see that (the victim) is harmed in any way."

The prosecution also called witnesses who said there is no way the victim has the mental capacity to consent to sexual relations.

Vance asked for the jury to give Metzner an appropriate punishment for sexually assaulting a mentally disabled woman.

"It's about sending him to the penitentiary," Vance said. "You don't prey on vulnerability."

Vance said that, while Metzner's family is hurt, he could go to prison. It is his faul, Vance said.

"The tears he caused should not go for his benefit," Vance said.

Head said that justice would be served with probation.

"He accepts your decision. He said he was wrong," Head said.

Dr. Charles Dodson, executive director of Breckenridge Village, said in a prepared statement that he was pleased with the ruling.

"We are very happy that justice was served today. Resident safety has always been and continues to be Breckenridge Village's top priority and we will go to any length necessary to protect their safety and wellbeing," Dodson said.