By John K. Wiley/AP
They chose Japanese college students as victims, figuring they’d be too ashamed to report the abductions and sexual assaults and unlikely to return to the United States to testify. But after the women flew to Seattle two weeks ago to give depositions, and indicated they would be back for trial, the defendants quickly accepted plea agreements.
David M. Dailey, the last of three Spokane, Wash., residents arrested for kidnapping and sexually torturing five Japanese students last fall, pleaded guilty on May 30 to 10 counts of felonies.
He pleaded guilty to two counts of attempted second-degree kidnapping, three counts of second-degree kidnapping, two counts of second-degree assault, one count of first-degree rape and two counts of intimidating a witness.
Two others pleaded guilty earlier to kidnapping and rape charges stemming from the assaults, which shocked this Eastern Washington city and drew criticism of police handling of the cases.
Dailey, 38, a member of a bondage and sadomasochism ring called the Spokane Power Exchange, faces a 25-year prison term at a sentencing scheduled for June 26.
“Your honor, I understand there’s nothing I can do to take this back ... nothing I can say to take this back,” Dailey told Spokane County Superior Court Judge Linda Tompkins, declining to say why the crimes were committed.
Defense lawyer Doug Phelps said the prospect of a much longer sentence and the desire to avoid the stress of a trial led to Dailey’s guilty pleas.
“Statements made by the Japanese students in pretrial depositions also played a role,” he said.
“After evaluating the interviews, along with other evidence and the potential sentences, it was his decision to accept a plea agreement,” Phelps said of Dailey.
Deputy Spokane County Prosecutor Larry Steinmetz said the victims’ demeanor during interviews with defense lawyers helped bring about a resolution. All five flew from Japan to give depositions, he said.
“I believe it was significant in that the defendants thought the victims would not return to the United States to testify,” Steinmetz said. “The defense attorneys had the opportunity to observe the demeanor of the students; they were very sincere in how they related the crimes. Their accounts of what happened to them were consistent.”
Dailey originally was charged with 11 more serious counts. One count of first-degree rape was dropped and three counts of first-degree kidnapping were reduced to second-degree kidnapping, Steinmetz said.
If convicted of the original counts, Dailey could face life in prison.
Lawyers representing the Japanese students agreed with the prosecutor’s recommendation that the defendants serve at least 25 years, Steinmetz said.
On May 25, co-defendant Edmund Ball pleaded guilty to three counts of first-degree kidnapping, two counts of first-degree rape and two counts of intimidating a witness.
Ball, 40, also faces a 25-year term at sentencing June 10. A third defendant, Lana Vickery, pleaded guilty in March to single counts of first-degree kidnapping and first-degree rape.
She told detectives she was present when Dailey and Ball sexually assaulted two Mukogawa Fort Wright Institute students in the basement of Dailey’s Spokane Valley home Nov. 11. A third student was abducted at that time but later released.
Mukogawa Fort Wright is a branch of Mukogawa Women’s University near Kobe, Japan. Students there spend a quarter at the Spokane campus, learning English and about U.S. culture.
Vickery, 43, told authorities Asian women were targeted because Dailey and Ball believed they would be too ashamed to report the crimes. The witness-intimidation charges stem from the men’s alleged threats to send videotapes of the sexual assaults to the victims’ parents. Dailey also was charged with abducting two Japanese students attending Eastern Washington University and assaulting them with stun guns on Oct. 28. Those women managed to escape.
A Spokane Police officer was fired for failing to follow up on the initial report, and some local leaders called for the resignation of Police Chief Roger Bragdon. The Spokane City Council declined to act.
Steinmetz declined to comment on the case, except to say, “I’m happy all three defendants have accepted responsibility for the crimes they committed, and they have been held accountable.” |
