Peter Hingston Prosecution

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Peter Hingston Prosecution Sharing prosecution information about the Peter Hingston case
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24/03/2023

FINAL POST
There have been a lot of questions about the specifics of the sentencing, how it will work, whether it’s fair, etc. Folks have big, genuine, varied, and valid feelings about this case, so I won’t tell you what to think about whether it was fair. What I can do is give you some facts and thoughts that might help you reach your own conclusions and get some peace.

His full sentence is this: Sentenced to 120 months for Count 1s and 48 months on Count 2s to run consecutively for a total of 168 months in the custody of Bureau of Prisons. Supervised release for 15 years for each count to run concurrently. See Judgment for standard, mandatory and special conditions of supervised release. Fine waived. JVTA Fine-$5,000. SPA $100 per count for a total of $200 due immediately. Here’s what that means.

PRISON TERM: He will serve 14 years in prison on top of the 3.5 he already spent in jail. Since the judge could have credited him the 3.5 years he already spent in jail, but didn’t, it’s like she sentenced him to 17.5 years. The federal guidelines are 15-20. The judge agreed to write a recommendation that he be sent to a psychiatric hospital/prison for s*x offenders in FCI Petersburg, in Hopewell, VA. So, he may or may not be there for some or all of his sentence. If you want to track where he is, inmate locations are public record and searchable at BOP.gov.

SUPERVISED RELEASE: When he gets out of prison at age 77, he will have no career, no pension, and no savings. He spent his pension and savings on his defense lawyer. Because he will be a registered s*x offender, and an ex-convict with no money, he will have very limited options as to where he can work and spend time. It seems probable, from several pieces of information that came out about his personal life, that he will probably have difficulty finding a place to live. Many people in similar circumstances prefer prison.

FINES: The $5000 and $200 fines the judge imposed were mandatory. There were other, larger, monetary penalties the judge could have imposed on the victims behalf, but did not. The victims in this case did not ask the prosecutor to get them money. Those girls and their families made a private decision about what was best for them. If they didn’t want money from him, then it was respectful and appropriate for the US Attorney to not ask for it and for the judge to not order it. As parents and humans, I think we can all reflect on why it might not feel right or helpful to receive money from him for what he did. Certainly, even if we would have chosen differently, we can respect the victims’ and their families’ choices on this topic.

REMORSE: Many of you have been asking whether or not he was actually sorry for what he did. All I can do is tell you the things he said that told me what I needed to know. He began his statement at the sentencing with some heartfelt and moving apologies for what he did. He also expressed some very genuine, internal torture for how he is. Later in his statement, he seemed to ramble and go off script. He talked about how he liked the bodies of the (12/13 year old) girls in his class, that he found them attractive and would photograph them because they were attractive to him. He said that when he did things to them, it was about their bodies, not them. When the judge explained her reasoning for her sentence, and the importance of sentences deterring crimes, she read a quote from him in which he explained to the probation department that he figured he’d get caught eventually, but that he thought he’d only spend 1-2 years in prison, not the rest of his life.

FAIRNESS: This one is so personal to each of us. I can’t begin to answer it for anyone but myself. For me, the sentence he got felt like justice. He’s going to be away from society for a long time and away from children forever, if things go right. That seems like the right outcome, to me.

We owe major gratitude to prosecutor Michael DiGiacomo and Judge Wolford for their professionalism and diligence.

23/03/2023

Peter Hingston was sentenced to 14 years in prison, followed by 15 years supervised release. As a s*x offender, he with be highly supervised and restricted as to what he can do (like no internet access without monitoring), who he can be around (no kids besides his own), and where he can go and spend time (no places where kids hang out.)

FINAL REMINDER and THOUGHTS The sentencing will take place this Thursday at 11am. I've tried very hard to keep my opinio...
20/03/2023

FINAL REMINDER and THOUGHTS

The sentencing will take place this Thursday at 11am.

I've tried very hard to keep my opinions and feelings off this page. Since the case will be over after Thursday, and this sentencing has dragged on for so long, with so much drama and pain, I'm going to say a couple things. This next section is my thoughts, as a mom.

I think it matters that people are there for the sentencing.

I also think it's important for the kids who were so brave and amazingly articulate to see that when they spoke up, justice happened.

The sentencing hearings last summer were extremely difficult, to the point of being pretty traumatic. I believe that this time will be better. Judge Wolford has been fair, professional, and transparent as she has presided over this case.

My daughter has asked to attend and I have agreed - it's important for her to see that he gets some measure of justice and I believe that Judge Wolford will impose the right sentence, according to the law.

30/01/2023

The transcripts of Judge Arcara's sentencing hearings are now public and part of the court record. If you have any doubts or questions about the honesty and accuracy of the information being shared on this page, I encourage you to please read the transcripts of the official court records. If you send a PM with your email address, I will send you PDFs of them.

28/01/2023

Peter Hingston will be sentenced on March 23 at 11am. Judge Wolford has been fair and professional. I believe that whatever sentence she imposes will be appropriate and a relief. It would be nice to have a good community showing.
If you are interested in what happened at the hearing today, in which the psychologist Dr. Michael Rutter, testified for the defense about Peter Hingston’s mental health and likelihood to hurt more kids, I will summarize below.
The hearing today was to help the judge understand what sentence to impose on Peter Hingston. Previously, the defense had used the psychologist’s report to argue that Hingston should get a very short sentence. The psychologist’s report said that Hingston is not s*xually attracted to young girls, he is not a pe*****le, he is not a danger to others, and he has a very, very low likelihood of ever victimizing young girls again. When the defense made this claim, the prosecutor did not agree and the judge said she had a lot of questions. That is why there was a hearing today.
The purpose of today’s hearing was to put the Dr. Rutter on the stand and have him explain why he wrote those things in his report. The testimony lasted about 6 hours. These are the key bullet points of what was discussed:
• Dr. Rutter has a long history of being a psychologist and is part of the Association for Treatment of Sexual Abusers. However, he has no clients who are s*xual abusers and does no treatment of s*xual abusers. He only provides paid testimony for $350/hr. to “evaluate” s*x offenders.
• It is Dr. Rutter’s opinion that Hingston has three different paraphilic disorders, but is not a pe*****le. He maintains that he thinks Hingston is not s*xually attracted to young girls, but rather is fixated on himself and just happened to victimize young girls. The judge asked many pointed, skeptical questions about these claims.
• Dr. Rutter claimed to have administered some psychological tests that showed Hingston doesn’t have a problem with impulse control, risk taking, or anti-social behavior. The judge asked questions about this also, noting that Hingston’s choice to ma******te on the children in his classroom and their belongings seems to indicate otherwise.
• The psychologist also stated that Hingston made comments such as “I didn’t want to take that video” (but he felt compelled), “I have a problem looking at girls,” when the 7th grade girls wear certain clothes they are “s*xy, attractive,” and “I didn’t think I’d get into so much trouble” (for videotaping himself ma********ng on his students). However, both Hingston and Dr. Rutter claim this does not add up to Hingston being s*xually attracted to girls.
• Dr. Rutter said Hingston’s s*xual deviance (trespassing to be a peeping tom, stealing women/girls underpants to ma******te on, etc) have been going on since he was about 12. He said that he believes the only reason Hingston stopped s*xually targeting the girls in his class was because he got caught. But he also said Hingston currently has only a 4% chance of ever “reoffending,” meaning victimizing more kids.
• When asked, Dr. Rutter admitted that he did not follow up to verify any of the claims Hingston made to him, did not interview any victims, did not interview anyone else who knew him. Dr. Rutter recorded in his notes that Hingston’s wife had commented to Hingston that he better not be doing what the pe*****le priests who got arrested were doing. However, Dr. Rutter asked no follow up questions or interviews to determine why Hingston’s wife would voice such a concern. He said that he took what Hingston told him as face value and wrote his report based on that.
• Dr. Rutter testified that the fact that Hingston took videoes of his actions was proof that Hingston was not a “predator.” The doctor explained that real predators do not create evidence of their wrong-doing. When the judge said she had seen plenty of predators who created child p**n, the doctor argued back saying that if they were real predators, they would not show their faces on film. The judge disagreed.
• Dr. Rutter stated that none of the behaviors the kids described as grooming in their letters were actually grooming because Hingston’s goal in doing them wasn’t to s*xually abuse the kids. He admitted that there are no formal criteria for what grooming is or isn’t, but he was still adamant that Hingston did not groom any of the kids.
• Dr. Rutter would not veer away from his claims that Hingston was not a predator, is not s*xually attracted to young girls, is not a pe*****le, and is extremely unlikely to hurt kids in the future. The direct quotes were “He is not a danger to himself or others” and “He is not a risk to reoffend.”

25/01/2023

Of the various forms of communication sent in, the government and prosecutor have agreed on 17 letters that the judge should read and consider as part of the sentencing. PM if you want a copy of them.
Also, a REMINDER that this Friday at 10am will be the next hearing and it is an important one. The psychologist who wrote memos for Hingston's defense will be testifying about his claims.

13/12/2022

Update from the hearing today and IMPORTANT update for the next hearing. This post is long, but worth reading.

This case is in the phase where the judge is figuring out what evidence to consider when she sentences Peter Hingston. Today, both the prosecutor and defense attorney said that they went through all of the communications the public sent in and agreed on which ones the judge should consider. Not everything that was sent in is legally admissible or relevant. If you have specific questions about this, please ask below.

Earlier in the case, Hingston’s attorney submitted a report from a psychologist named Dr. Rutter that Hingston’s attorney is using to argue that Hingston should get a shorter sentence. Although the report is not public, the lawyers and judge discussed its contents and made the following items known: Dr. Rutter said in the report that Hingston is not a pe*****le, his actions were not s*xual in nature, he was not s*xually attracted to the victims, and that he is very unlikely to ever hurt anyone else in the future. Obviously, the prosecutor disagreed with these conclusions and the judge expressed that she also had questions about how the psychologist made those determinations.

The next hearing will be Dr. Rutter and the prosecutor’s expert witness giving testimony about the nature of what Peter Hingston did to his students and his psychopathology. This evidence will likely be important to how long the judge decides to sentence him.
The next hearing will be Friday, January 27 at 10am. It will probably last a several hours since two different psychologists will be questioned and cross-examined.

Peter Hingston remains in jail, where he has been since his arrest.

11/11/2022

The next Status Conference is Tuesday, December 13, 2022 at 09:30 AM in Wyoming Courtroom, 5th Floor East, 2 Niagara Square, Buffalo, NY before Hon. Elizabeth A. Wolford.

04/11/2022

If anyone would like to see the court transcripts for the two sentencing hearings Judge Arcara held (on July 17 and 25), for now you may do so at the public terminal at the court of you can call the Court Reporter/Transcriber to get a copy ((716) 229-0880). You can download it via Pacer starting on 1/30/2023.

No posting yet on when the next hearing will be.

01/11/2022

Sorry for the late notice.
The next status conference is Thursday. Status Conference set for 11/3/2022 01:30 PM in Wyoming Courtroom, 5th Floor East, 2 Niagara Square, Buffalo, NY before Hon. Elizabeth A. Wolford.

04/10/2022

Two main updates from the hearing today:

The government and Hingston's lawyer still don't agree on whether Hingston was s*xually attracted to the kids he victimized, and whether he is likely to reoffend in the future, etc. The judge wants to have the psychologist Hingston's lawyer used give testimony in court about his opinions. That will be scheduled for a future date.

Judge Wolford needs to decide which of the letters from the community to consider as part of the sentencing. It appears that letters written from people with first hand experience with Hingston will be considered, but those just stating opinions will not. The US Attorney and Hingston's lawyer will come back to the next hearing and will tell the judge which letters they agree are relevant, which ones they agree aren't, and which ones they don't agree on.

14/09/2022

The next Status Conference is set for 10/4/2022 at 2:30 PM in Cattaraugus Courtroom, 7th West, 2 Niagara Square, Buffalo, NY before Hon. Elizabeth A. Wolford.

The US Attorney filed a response to Hingston's attorney's memo. His response is that the court can and should give consideration to the letters, emails, calls and petition, and that it's completely appropriate for the judge to do so.

If you want a copy, PM with your email address.

06/09/2022

Peter Hingston's attorney submitted a memo, arguing for the judge to disregard all but 8 of the letters sent in to the judge from this community. It also reiterates the claim that made by the psychologist "Dr. Rutter reiterates that the results of his evaluation demonstrate a low risk of recidivism in the case of Mr. Hingston."

The government has until 9/12 to respond.

If you would like a copy of the memo and attachments (115 pages in total), PM me your email address. The docs are too big to share here. All communications sent to the judge, this page, the petition, and the community action website are all attached.

If you have any questions, let me know.

23/08/2022

Small update. Hingston's attorney is arguing that the "additional submissions" from the community should not be considered as part of sentencing. The new judge, Judge Wolford, has given Hingston's attorney until 8/26 to make his argument in writing, and the government until 9/12 to respond with their own arguments. At this time, there are no hearings scheduled, just due dates for the attorney's to write briefs.

02/08/2022

There have been questions about what it means that Judge Arcara reassigned the case to another judge. A judge can reassign a case “in the interests of justice” when he has a bias, when he has a perceived bias, or for another reason only he knows.

This next part is just a best guess:

In this case, given the reports that Judge Arcara received a lot of criticism for how he was handling the case, and specifically that he was giving the appearance of siding with Hingston, it’s likely the judge was concerned that he appeared to be biased. Whether or not he actually was, or whether other factors are at play, I don’t know.

My personal opinion is that Judge Arcara wanted to make sure the sentencing was fair, and that the public believes it is fair, and so gave it to another judge who is impartial to decide.

This is the order assigning the case to a new judge.
02/08/2022

This is the order assigning the case to a new judge.

30/07/2022

Judge Arcara reassigned the case to another judge “in the interest of justice.” Judge Wolford is having a status conference (NOT a sentencing) to start handing the case on Aug 2.

25/07/2022

The judge received so many letters, emails and phone calls from the public that he has put off sentencing to consider carefully what everyone said. What everyone did made a HUGE HUGE difference. Thank you.

25/07/2022

Could someone please comment or pm with what the judge does for a sentence, so those of us who can’t attend are filled in?

Unfortunately, I cannot attend, but I hope all of you can.
21/07/2022

Unfortunately, I cannot attend, but I hope all of you can.

21/07/2022

One of the community members put together this action plan. If you want to do something, take a look. Please note - ALL LETTERS AND PETITIONS NEED TO BE SENT TO THE PROSECUTOR BY THE END OF TODAY (THURSDAY).

Note:

Some community members created this petition.  If you can’t write a letter and get it to the judge by Friday, please con...
20/07/2022

Some community members created this petition. If you can’t write a letter and get it to the judge by Friday, please consider signing. QR code is in the comments.

Keep Peter Hingston Behind Bars

20/07/2022

The prosecutor’s email is
[email protected]

If you want to send a letter and ask him to please forward it to the judge, you can.

This is the letter I mailed to the judge.  I also emailed the prosecutor with a copy, in case he wants to email it to th...
19/07/2022

This is the letter I mailed to the judge. I also emailed the prosecutor with a copy, in case he wants to email it to the judge, which is faster than snail mail. Apologies that the pages are out of order - please see page numbers at the bottom.

19/07/2022

Not a good update. I have refrained from commenting on the case, but what happened today requires explanation.

Both sides agreed that Hingston pled guilty to certain charges and was subject to more charges when it came to sentencing.

Hingston's attorney told the court that a doctor's opinion is that he won't hurt anyone again and that he's not a pe*****le. He apologized to the people in the audience for what Hingston did, but then said the students were really just the "backdrop" to Hingston's s*xual choices. He submitted 17 letters from friends and family, saying Hingston is a good person.

Hingston spoke. He said he really cares about the students. He has had this s*xual deviancy for 50 years and should have gotten help, but didn't. He said he touched the girls on impulse the first time, and then continued because he didn't get caught. He said he won't do it again. He also said that the girls he touched and photographed didn't know he was doing it, as if that made it better. He only apologized after his attorney whispered in his ear to remind him to.

When the prosecutor said Hingston wasn't really remorseful, the judge argued with him. When the prosecutor said Hingston made the girls victims, the judge insinuated that actually the US Attorney made the girls victims, because they were the ones who showed the girls (sanitized) photos of Hingston abusing them, to verify that they were the people in the images. When the prosecutor said that they disagreed with the doctor's opinion that he wasn't a pe*****le and wouldn't hurt anyone else based on common sense, the judge argued that the prosecutor wasn't an expert.

Both Hingston's attorney and the prosecutor went into pretty graphic detail about what he did to the girls. It was ugly.

The prosecutor wants the judge to follow the federal sentencing guidelines, which are 15-20 years in prison. Hingston's attorney wants 7 years. The judge decided to wait another week to think about what to do.

That means anyone who wants to see Hingston sentenced for a long time needs to speak up quickly. 17 people spoke up saying he should get a short sentence. The judge's address is:

Hon. Richard J. Arcara
United States District Judge
2 Niagara Square
Buffalo, New York 14202

The sentencing will now take place on 7/25/2022 at 11:00 AM. There will be no arguments, just the judge's decision.

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