"Horrendous" media coverage. Being "handcuffed and paraded through" an in-session high school. Ostracization by members of the community. Wearing a GPS tracking device, required to avoid the school and missing graduation as a result. Swift termination of acceptance by an Ohio college.
PALMER -- "Horrendous" media coverage. Being "handcuffed and paraded through" an in-session high school. Ostracization by members of the community. Wearing a GPS tracking device, required to avoid the school and missing graduation as a result. Swift termination of acceptance by an Ohio college.
These were among the consequences East Longmeadow's David Becker, 18, faced after he allegedly digitally penetrated two unconscious young women - classmates and friends - at an April 2 house party in Palmer.
In Palmer District Court on Aug. 15, both Judge Thomas Estes and Becker's attorney Thomas Rooke agreed that these were commensurate with the crime.
Rooke called the affair "humiliating, embarrassing, a horrendous experience and something (Becker) will never forget for the rest of his life," recounting how, during a trip the Holyoke Mall with his mother, strangers stopped to take cell phone pictures of a mortified Becker.
Estes continued the case -- downgraded from the original rape charges, Becker faced two counts indecent assault and battery -- without a finding.
Who is Thomas Estes? Judge in David Becker sexual assault case under glare of spotlight following ruling
The district attorney favored much steeper penalties: two years jail time and sex offender status for 20-plus years for the teenager.
Becker admitted to the first charge and denied the second but said enough evidence existed to convict him of it.
For the crimes, Estes dealt Becker two years probation and mandatory counseling -- prompting an online petition calling for the judge's removal.
Petition calls for removal of Judge Thomas Estes who gave probation to David Becker, accused of rape
In court, Estes said at least one victim and her family wanted to see Becker not incarcerated.
"That is moving to the court," Estes said. "While certainly not lessening it in any way, any crime, there's a spectrum. There's a spectrum for the nature of the offense, and I think given Mr. Becker's position in life, to find him guilty at this point would slam a lot of doors. I agree with attorney Rooke. There have already been significant consequences, collateral consequences to simply being charged with the offense in the first place."
Estes bristled during an earlier exchange with Assistant District Attorney Eileen M. Sears, who argued the commonwealth's case to jail Becker.
"He's got a lot of support, and he's going to need it," Sears said. "He's going off to college --"
"Well," Estes interjected, "he's not going off to college if I adopt your recommendation. He's going to jail, and he'll be a sex offender, and he'll have to register for at least the next 20 years. I don't think he'll go to college at all."
"Maybe not," Sears replied.
Drawing from a report from a clinician who analyzed Becker, Sears added, "If the court does not incarcerate this defendant, then he might end up on a college campus, where there is a moderate to low risk that this could happen again. I would suggest that is a risk that at least the commonwealth is not willing to take."
On the other hand, the clinician's report ultimately did not recommend incarceration or adding Becker to the sex offender registry list, which it said "does not serve the public interest" and would increase Becker's "isolation" and "shame" -- and as a result the chances he would act out again in the future.
According to Rooke, the first victim and her family wanted Becker to serve probation, undergo treatment and write them an apology, and the second said she wanted him "held accountable."
"They don't want to destroy his life," Rooke said. "They don't want to ruin his career."
Becker, an athlete who graduated East Longmeadow High School with a 3.86 GPA had been accepted into and planned to attend the University of Dayton in Ohio to study biomedical engineering.
However, the school contacted The Republican this week to say Becker would not be a student there.
Estes closed the hearing by saying both defense and prosecution did an "excellent job" in a "difficult case" that was "well argued."