Accused in rape case hires attorney; readiness conference set for Feb. 24
By Steve Guertin
Sports Editor
Former Benicia High basketball player James Pierre Mitchell has hired an attorney to represent him in his defense of a felony statutory rape charge filed in late December.
Vincent R. Maher has taken the case from Mitchell’s public defender and said Wednesday he has begun his own investigation.
Mitchell, 18, a senior starter for the Panthers, was arrested early on the afternoon of Dec. 23 at the high school on the felony charge. According to the Benicia Police Department, the victim was between the ages of 14 and 18.
The maximum sentence in Mitchell’s case is three years and eight months.
“We’re investigating the case,” Maher said. “We’re going to do everything we can for him. He’s a very nice young man and it’s unfortunate that he has to deal with this while he’s in high school.”
Mitchell was a starting forward/guard for the Panthers throughout most of the last two seasons. He averaged 8.7 points and 5.6 rebounds per game for Benicia last season but was dismissed from the team after being charged.
Mitchell’s case was scheduled for a readiness conference last Friday and a preliminary meeting last Monday, but the switch from a public defender to Maher postponed the readiness conference until Friday, Feb. 24 at 10 a.m. in Room 103 at Solano Superior Court.
No preliminary meeting has been scheduled, giving Maher time to conduct his investigation.
“My guess is it’s just a setting date,” Maher said of the Feb. 24 conference. “We’re just going to go and discuss the case. If we can resolve it, fine. If not, we’ll pick a date for a preliminary hearing.”
Solano County Deputy District Attorney Denise Harrison is listed as prosecutor on Mitchell’s case docket report. She could not be reached by press deadline.
Judge Tim P. Kam is presiding over the case.
I THINK THIS IS BULL… MY SON PLAYS BASKETBALL FOR BENICIA, HE IS ALSO A GUARD. I HOPE THIS CASE IS DISMISSED AND VANISHES AS QUICKLY AS IT APPEARED.
BARBARA DECARLO
January 26, 2012 at 6:29 am
Unless you have information beyond what is contained in this brief piece, it seems that it may be wise to not rush to any conclusions.
In general, CONSENUAL sex between an young adult (18-19) and a “minor” (16-17) should not automaticaly be considered a felony, it would depend on the circumstances.
However, There is a big difference between a 14 and an 18 year old.
DDL
January 26, 2012 at 9:33 am
thank you – *disclaimer* (to my first comment); –and if this 14-18 year old is truly a victim after all is said and done, then i may apologize . . . on second thought where was anybodys parents !!! OBLIVIOUS/NAIVE ? /s/ barbara lynn decarlo 01-26-2012 thurs. @ approx 06:38 am PST
BARBARA DECARLO
January 26, 2012 at 6:38 am
What is with the 14 to 18 range?
If the girl was older than 16, given the boy’s own age I would no consider it rape unless he coerced her. I have never understand the arbitrary nature of the idea that, what is almost universally, a girl one day before her 18th birthday having sex with a boy who might only be one day after his 18th birthday is a felony yet if they did so the day before it was not? I support the notion of 2 year age ranges around the two’s persons’ age. That still keeps the girl at least 16 and the boy no more than 18 and so on. That seems a much more sane and realistic way to deal with these kind of issues.
As far as honesty on the younger person’s part, I think that asking the older partner to verify the younger”s age is important. On that same note, I think it should be considered the crime of rape by deception if the younger persons lied. Requiring both in the law assures that neither person feels like they are imposing on the other by asking their age since both can claim it is the law making them do it.
Robert Harvey-Kinsey
January 27, 2012 at 11:27 am