Also considered by me is the fact that the Commonwealth a week before the case filed a motion with this Court that said that the evidence is insufficient to support a conviction for sexual assault.   When the Court denied that motion and refused the Commonwealth the opportunity to nol pros or to dismiss the sexual assault counts against Mr. Celestin and Mr. Parker and the Commonwealth was forced to go to trial, it was, in fact, that count alone that Mr. Celestin was convicted of.   And, as I referenced earlier, made the statement at that time that the theory that the Commonwealth was going to trial on was that if the victim was, in fact, conscious during these acts, that none of these perpetrators, Mr. Parker or Mr. Celestin, was guilty of anything.   If she was unconscious, then they were, in fact, guilty of everything....


...And, lastly, I again need to reference the fact that although there has been a great deal of suggestion made in the media and otherwise, phone calls that I have received, letters that I have received that this was, in fact, a rape case and it clearly was a rape case by the Court can't sentence on what was, the Court must sentence on what is.   The jury determined that many of the aggravating circumstances that would lead a Court to an aggravated sentence in this case were not present by the time that we went to sentencing.   The jury determined that there was no unconsciousness of the victim;  that there had been no force or threat of force;  that there had been, in fact, just one offense committed, one charged offense committed and that was the sexual assault.



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"Everyone has a plan until you punch them in the face. Then they don't have a plan anymore." (c) Mike Tyson

"what's a leader if he isn't reluctant"