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More information on Kelsey Peterson Sentencing hearing
Posted: Sep 29, 2008 05:40 PM
Updated: Sep 29, 2008 06:21 PM
Here's a copy of the formal news release received today from the U.S.
Attorney's office in Omaha.
NEWS RELEASE
UNITED STATES ATTORNEY'S OFFICE
DISTRICT OF NEBRASKA
JOE STECHER, UNITED STATES ATTORNEY
1620 DODGE STREET, OMAHA, NE 68102-1506
(402) 661-3700
September 29, 2008
United States Attorney Joe W. Stecher and the Federal Bureau
of Investigation announce the following information for the attention
of the media:
Event Triggering this Release: On September 29, 2008, Kelsey Peterson,
age 26 of Lexington, Nebraska, appeared before the Honorable Laurie
Smith, United States District Judge, and was sentenced to 72 months,
(six years), in prison following her conviction for Travel with Intent
to Engage in Illicit Sexual Conduct with a Person Under 18 years of
Age. The guilty plea arose from Ms. Peterson's relationship with a
student at the middle school where she taught. She was also ordered
to serve a five year term of supervised release following her release
from prison.
The plea agreement entered into between the United States and Kelsey
Peterson had required the imposition of a sentence of at least 70
months but not more than 87 months. That is the sentencing range
recommended by the United States Sentencing Guidelines for her
conduct. Ms. Peterson agreed, as part of the plea agreement, to
sentencing enhancements arising from the fact that: (a) the victim was
under her custody, care or supervisory control; (b) Peterson unduly
influenced the victim to engage in prohibited sexual conduct since she
was more than ten years older than the victim; and (c) because the
offense involved the actual commission of a sex act. As part of the
plea agreement Kelsey Peterson agreed with the United States that
certain facts would be proven beyond a reasonable doubt in the event
her case proceeded to trial. Those stipulated facts are the
following:
A. Kelsey Peterson was born on February 28, 1982. F.R. was born on
January 16, 1994. During the 2005-2006 school year Kelsey Peterson
was a teacher at Lexington Middle School, Lexington, Dawson County,
Nebraska. During the 2005-2006 school F.R. was a sixth grade student
at Lexington Middle School. Kelsey Peterson was one of his teachers.
B. Following the 2005-2006 school year Kelsey Peterson maintained
regular social contact with F.R. to include visits by F.R. to Kelsey
Peterson's residence in Lexington. During August of 2006 the
relationship between Kelsey Peterson and F.R. became sexual and in
November of 2006 Kelsey Peterson first engaged in sexual intercourse
with F.R. at her home in Lexington, Dawson County, Nebraska. F.R. was
12 years old at the time of the encounter. F.R. was a student at
Lexington Middle School at the time. Kelsey Peterson was a teacher at
the school at the time.
C. Following the onset of sexual activity Kelsey Peterson and F.R.
engaged in sexual intercourse an average of two to three times per
week. The activity occurred primarily at Kelsey Peterson's home in
Lexington, Dawson County, Nebraska.
D. In January of 2007 F.R. moved from Lexington and all sexual
activity ceased. However, Kelsey Peterson maintained telephonic and
written contact with F.R. during his absence and expressed her "love"
for him. In June of 2007 F.R. returned to Lexington, Nebraska. The
sexual activity between Kelsey Peterson and F.R. resumed at that point
with the same frequency as before. The activity, as before, primarily
took place at Kelsey Peterson's home in Lexington, Dawson County,
Nebraska.
E. In October of 2007 school officials at Lexington Middle School
began to question Kelsey Peterson about her relationship with F.R..
On October 24, 2007, Kelsey Peterson was told her school issued
notebook computer, which contained correspondence with F.R., was going
to be seized. On October 25, 2007, Kelsey Peterson was directed to
attend a meeting with school administration officials to discuss her
involvement with F.R. At that meeting she was placed on
administrative leave. Kelsey Peterson contacted F.R. and told him of
her suspension.
F. On October 26, 2007, Kelsey Peterson picked up F.R. at his
residence and brought him to her residence in Lexington. While at her
home F.R. was contacted on his cell phone by his stepfather who
advised that an officer of the Lexington Police Department was looking
for him. Kelsey Peterson and F.R. discussed terminating their
relationship but concluded they could not. Kelsey Peterson and F.R.
then discussed the possibility of moving to Mexico and living "as a
couple" in that country. Kelsey Peterson drove to a local bank and
withdrew approximately $2,500.00. F.R. remained at her residence and
packed belongings.
G. On October 26, 2007, Kelsey Peterson and F.R. departed Lexington,
Nebraska, in Peterson's vehicle and headed for Mexico. Kelsey
Peterson did most of the driving although she did allow F.R. to drive
at times. Kelsey Peterson paid for expenses associated with their
travel. Kelsey Peterson turned off her cell phone to avoid tracking
by authorities and because her daughter, whom she had left behind, was
repeatedly calling her. Kelsey Peterson and F.R. drove west
eventually arriving in California where they stayed until on or about
October 30, 2007. On or about October 30, 2007, Kelsey Peterson and
F.R. crossed into Mexico at the Tijuana border crossing and made their
way to Mexicali.
H. Kelsey Peterson and F.R. were intending to make their way to
Guanajuato, Mexico. However, they were stopped at a toll booth south
of San Luis, Sonora, Mexico, because they did not have appropriate
paperwork. They then returned to Mexicali.
I. On or about November 2, 2007, Kelsey Peterson was arrested by
Mexican authorities near a mall in Mexicali. F.R. was with her.
Peterson was turned over to American authorities and lodged at the
Imperial County, California, jail. On November 3, 2007, Kelsey
Peterson was interviewed by Special Agents Ribail and Rothrock of the
Federal Bureau of Investigation. After waiving her Miranda rights
Kelsey Peterson agreed to speak about her relationship with F.R..
J. Kelsey Peterson admitted to the interviewing agents that she been
engaged in an ongoing sexual relationship with F.R. which she said had
first resulted in sexual intercourse in November of 2006. Peterson
told the agents that she believed F.R. was, at the time of the
interview, fourteen years of age, (he was actually thirteen), and
would turn fifteen within a few weeks. Peterson told the interviewing
agents she had utilized cash during their flight to avoid tracking by
authorities and that she had insisted to F.R. that they turn off their
cell phones for that same reason.
K. Kelsey Peterson told the agents that prior to their flight F.R.
would come to her residence where he would stay until approximately
1:00 a.m.. F.R. would then leave as he had to return home before his
mother got home from work at approximately 1:30 a.m.. She stated they
spent most of their time at Peterson's residence although they did
travel together a few times to Kearney, Nebraska. Kelsey Peterson
told the interviewing agents that she had engaged in sexual
intercourse with F.R. on several occasions after they fled the State
of Nebraska. She admitted to engaging in sexual intercourse with him
at the Comfort Inn in Grand Junction, Colorado; the Little Inn by the
Bay in Newport Beach, California; and at the Virreyes Hotel in
Mexicali, Mexico. At the conclusion of her interview Kelsey Peterson
told the interviewing agents "I am guilty, I admit it" and added "I am
not sure I would change it if I could."
L. Kelsey Peterson removed F.R. from Nebraska without the permission
or knowledge of his parents.
M. The sexual activity engaged in by the defendant was unlawful in
the States of Nebraska, Colorado and California. The applicable
statutes are the following:
Nebraska
First Degree Sexual Assault, Neb. Rev. Stat. ? 28-319(1)(c)-Applies
when the offender is nineteen years of age or older and the victim is
at least twelve years of age but less than sixteen years of age.
Sexual Assault of a Child, Neb. Rev. St. ? 28-320.01(1)-Applies when
the offender is at least nineteen years of age and the victim is
fourteen years or younger.
Colorado
Sexual Assault, Col. Rev. Stat. ? 18-3-402(1)(d)-Applies when the
victim is less than fifteen years of age and the offender is at least
four years older than the victim and is not the spouse of the victim.
California
Unlawful Sexual Intercourse, Cal. Penal Code ? 261.5(b)-(d)-Applies
when the offender is more than twenty-one years old and the victim is
under sixteen years of age.
Ms. Peterson also faces state charges in Dawson County, Nebraska.
Name of Defendant: Kelsey Peterson
AKA:
Age: 26
City of residence: Lexington, Nebraska
Crime(s) Charged and Potential Penalty (A CHARGE is merely an
accusation and every defendant is presumed innocent until and unless
proven guilty): Travel with Intent to Engage in Illicit Sexual
Conduct. Maximum punishment of up to 30 years, a fine of $250,000,
both such fine and imprisonment, a term of supervised release of at
least 5 years, and a $100 special assessment.
Specific Location of Alleged Crime: Lexington, Nebraska, Colorado,
California and Mexico.
Location of Arrest: Mexicali, Mexico
Alleged Dollar Loss/Type and Quantity of Drug: NA
Others Charged in Same Scheme: NA
Relevant Dates:
Date of Alleged Crime: From October 26, 2007, through November 2, 2007
Federal Arrest Date: November 2, 2007
Date Complaint Issued: November 1, 2007
Indictment Returned Date: November 15, 2007
Initial Appearance Date: November 29, 2007
Information filed and plea date: July 2, 2008
Sentencing Date: September 29, 2008
Next Court Hearing Type and Date: NA
Assigned Magistrate Judge: The Honorable F.A. Gossett, III
Held without Bond, or Released from Custody: Detained in custody
In Continuous Custody Since: November 2, 2007
Assigned District Court Judge: The Honorable Laurie Smith Camp
Initials of Assigned AUSA/Preparer of THIS Release: JWS
More information on Kelsey Peterson Sentencing hearing
Posted: Sep 29, 2008 05:40 PM
Updated: Sep 29, 2008 06:21 PM
Here's a copy of the formal news release received today from the U.S.
Attorney's office in Omaha.
NEWS RELEASE
UNITED STATES ATTORNEY'S OFFICE
DISTRICT OF NEBRASKA
JOE STECHER, UNITED STATES ATTORNEY
1620 DODGE STREET, OMAHA, NE 68102-1506
(402) 661-3700
September 29, 2008
United States Attorney Joe W. Stecher and the Federal Bureau
of Investigation announce the following information for the attention
of the media:
Event Triggering this Release: On September 29, 2008, Kelsey Peterson,
age 26 of Lexington, Nebraska, appeared before the Honorable Laurie
Smith, United States District Judge, and was sentenced to 72 months,
(six years), in prison following her conviction for Travel with Intent
to Engage in Illicit Sexual Conduct with a Person Under 18 years of
Age. The guilty plea arose from Ms. Peterson's relationship with a
student at the middle school where she taught. She was also ordered
to serve a five year term of supervised release following her release
from prison.
The plea agreement entered into between the United States and Kelsey
Peterson had required the imposition of a sentence of at least 70
months but not more than 87 months. That is the sentencing range
recommended by the United States Sentencing Guidelines for her
conduct. Ms. Peterson agreed, as part of the plea agreement, to
sentencing enhancements arising from the fact that: (a) the victim was
under her custody, care or supervisory control; (b) Peterson unduly
influenced the victim to engage in prohibited sexual conduct since she
was more than ten years older than the victim; and (c) because the
offense involved the actual commission of a sex act. As part of the
plea agreement Kelsey Peterson agreed with the United States that
certain facts would be proven beyond a reasonable doubt in the event
her case proceeded to trial. Those stipulated facts are the
following:
A. Kelsey Peterson was born on February 28, 1982. F.R. was born on
January 16, 1994. During the 2005-2006 school year Kelsey Peterson
was a teacher at Lexington Middle School, Lexington, Dawson County,
Nebraska. During the 2005-2006 school F.R. was a sixth grade student
at Lexington Middle School. Kelsey Peterson was one of his teachers.
B. Following the 2005-2006 school year Kelsey Peterson maintained
regular social contact with F.R. to include visits by F.R. to Kelsey
Peterson's residence in Lexington. During August of 2006 the
relationship between Kelsey Peterson and F.R. became sexual and in
November of 2006 Kelsey Peterson first engaged in sexual intercourse
with F.R. at her home in Lexington, Dawson County, Nebraska. F.R. was
12 years old at the time of the encounter. F.R. was a student at
Lexington Middle School at the time. Kelsey Peterson was a teacher at
the school at the time.
C. Following the onset of sexual activity Kelsey Peterson and F.R.
engaged in sexual intercourse an average of two to three times per
week. The activity occurred primarily at Kelsey Peterson's home in
Lexington, Dawson County, Nebraska.
D. In January of 2007 F.R. moved from Lexington and all sexual
activity ceased. However, Kelsey Peterson maintained telephonic and
written contact with F.R. during his absence and expressed her "love"
for him. In June of 2007 F.R. returned to Lexington, Nebraska. The
sexual activity between Kelsey Peterson and F.R. resumed at that point
with the same frequency as before. The activity, as before, primarily
took place at Kelsey Peterson's home in Lexington, Dawson County,
Nebraska.
E. In October of 2007 school officials at Lexington Middle School
began to question Kelsey Peterson about her relationship with F.R..
On October 24, 2007, Kelsey Peterson was told her school issued
notebook computer, which contained correspondence with F.R., was going
to be seized. On October 25, 2007, Kelsey Peterson was directed to
attend a meeting with school administration officials to discuss her
involvement with F.R. At that meeting she was placed on
administrative leave. Kelsey Peterson contacted F.R. and told him of
her suspension.
F. On October 26, 2007, Kelsey Peterson picked up F.R. at his
residence and brought him to her residence in Lexington. While at her
home F.R. was contacted on his cell phone by his stepfather who
advised that an officer of the Lexington Police Department was looking
for him. Kelsey Peterson and F.R. discussed terminating their
relationship but concluded they could not. Kelsey Peterson and F.R.
then discussed the possibility of moving to Mexico and living "as a
couple" in that country. Kelsey Peterson drove to a local bank and
withdrew approximately $2,500.00. F.R. remained at her residence and
packed belongings.
G. On October 26, 2007, Kelsey Peterson and F.R. departed Lexington,
Nebraska, in Peterson's vehicle and headed for Mexico. Kelsey
Peterson did most of the driving although she did allow F.R. to drive
at times. Kelsey Peterson paid for expenses associated with their
travel. Kelsey Peterson turned off her cell phone to avoid tracking
by authorities and because her daughter, whom she had left behind, was
repeatedly calling her. Kelsey Peterson and F.R. drove west
eventually arriving in California where they stayed until on or about
October 30, 2007. On or about October 30, 2007, Kelsey Peterson and
F.R. crossed into Mexico at the Tijuana border crossing and made their
way to Mexicali.
H. Kelsey Peterson and F.R. were intending to make their way to
Guanajuato, Mexico. However, they were stopped at a toll booth south
of San Luis, Sonora, Mexico, because they did not have appropriate
paperwork. They then returned to Mexicali.
I. On or about November 2, 2007, Kelsey Peterson was arrested by
Mexican authorities near a mall in Mexicali. F.R. was with her.
Peterson was turned over to American authorities and lodged at the
Imperial County, California, jail. On November 3, 2007, Kelsey
Peterson was interviewed by Special Agents Ribail and Rothrock of the
Federal Bureau of Investigation. After waiving her Miranda rights
Kelsey Peterson agreed to speak about her relationship with F.R..
J. Kelsey Peterson admitted to the interviewing agents that she been
engaged in an ongoing sexual relationship with F.R. which she said had
first resulted in sexual intercourse in November of 2006. Peterson
told the agents that she believed F.R. was, at the time of the
interview, fourteen years of age, (he was actually thirteen), and
would turn fifteen within a few weeks. Peterson told the interviewing
agents she had utilized cash during their flight to avoid tracking by
authorities and that she had insisted to F.R. that they turn off their
cell phones for that same reason.
K. Kelsey Peterson told the agents that prior to their flight F.R.
would come to her residence where he would stay until approximately
1:00 a.m.. F.R. would then leave as he had to return home before his
mother got home from work at approximately 1:30 a.m.. She stated they
spent most of their time at Peterson's residence although they did
travel together a few times to Kearney, Nebraska. Kelsey Peterson
told the interviewing agents that she had engaged in sexual
intercourse with F.R. on several occasions after they fled the State
of Nebraska. She admitted to engaging in sexual intercourse with him
at the Comfort Inn in Grand Junction, Colorado; the Little Inn by the
Bay in Newport Beach, California; and at the Virreyes Hotel in
Mexicali, Mexico. At the conclusion of her interview Kelsey Peterson
told the interviewing agents "I am guilty, I admit it" and added "I am
not sure I would change it if I could."
L. Kelsey Peterson removed F.R. from Nebraska without the permission
or knowledge of his parents.
M. The sexual activity engaged in by the defendant was unlawful in
the States of Nebraska, Colorado and California. The applicable
statutes are the following:
Nebraska
First Degree Sexual Assault, Neb. Rev. Stat. ? 28-319(1)(c)-Applies
when the offender is nineteen years of age or older and the victim is
at least twelve years of age but less than sixteen years of age.
Sexual Assault of a Child, Neb. Rev. St. ? 28-320.01(1)-Applies when
the offender is at least nineteen years of age and the victim is
fourteen years or younger.
Colorado
Sexual Assault, Col. Rev. Stat. ? 18-3-402(1)(d)-Applies when the
victim is less than fifteen years of age and the offender is at least
four years older than the victim and is not the spouse of the victim.
California
Unlawful Sexual Intercourse, Cal. Penal Code ? 261.5(b)-(d)-Applies
when the offender is more than twenty-one years old and the victim is
under sixteen years of age.
Ms. Peterson also faces state charges in Dawson County, Nebraska.
Name of Defendant: Kelsey Peterson
AKA:
Age: 26
City of residence: Lexington, Nebraska
Crime(s) Charged and Potential Penalty (A CHARGE is merely an
accusation and every defendant is presumed innocent until and unless
proven guilty): Travel with Intent to Engage in Illicit Sexual
Conduct. Maximum punishment of up to 30 years, a fine of $250,000,
both such fine and imprisonment, a term of supervised release of at
least 5 years, and a $100 special assessment.
Specific Location of Alleged Crime: Lexington, Nebraska, Colorado,
California and Mexico.
Location of Arrest: Mexicali, Mexico
Alleged Dollar Loss/Type and Quantity of Drug: NA
Others Charged in Same Scheme: NA
Relevant Dates:
Date of Alleged Crime: From October 26, 2007, through November 2, 2007
Federal Arrest Date: November 2, 2007
Date Complaint Issued: November 1, 2007
Indictment Returned Date: November 15, 2007
Initial Appearance Date: November 29, 2007
Information filed and plea date: July 2, 2008
Sentencing Date: September 29, 2008
Next Court Hearing Type and Date: NA
Assigned Magistrate Judge: The Honorable F.A. Gossett, III
Held without Bond, or Released from Custody: Detained in custody
In Continuous Custody Since: November 2, 2007
Assigned District Court Judge: The Honorable Laurie Smith Camp
Initials of Assigned AUSA/Preparer of THIS Release: JWS