Tuesday, December 13, 2011

Mother of Marine killed after rape claim leads training sessions on sexual assault cases

MARY McCARTY  Dayton Daily News
First Posted: December 03, 2011 - 12:36 pm
Last Updated: December 03, 2011 - 3:09 pm

DAYTON, Ohio — Mary Lauterbach of Vandalia remains a powerful voice for her daughter, Lance Cpl. Maria Lauterbach, nearly four years after she was murdered by fellow Marine Cesar Laurean.
On Nov. 16, Mary Lauterbach and her attorney, Merle Wilberding, attended the North Carolina Court of Appeals hearing in Raleigh, N.C., and listened as Laurean's attorneys argued that his first-degree murder conviction should be overturned because the judge did not allow jurors to consider a lesser charge of second-degree murder.

"We wanted to make our presence visible, and to remind them that Maria was a real person," Lauterbach said.

"We wanted to be a witness to justice," added Wilberding. "We're glad we went."

Laurean's state-appointed attorney, Ann Peterson, acknowledged that her client killed Lauterbach, but argued that the crime might not have been premeditated. Attorneys for the state countered that the fact that Laurean burned the body and buried Lauterbach in his backyard was proof of premeditation.
Lauterbach, 20, was eight months' pregnant at the time of her murder. Laurean is currently serving a life sentence without parole at the Pasquotank Correctional Institution, a high-security adult male prison in Elizabeth City, N.C.

"The trial court got it right," Wilberding said.

It was the second time in less than a month that Lauterbach, who now leads training sessions for the military, had been called upon to bear witness for her daughter.

On Oct. 28, three Department of Defense staffers flew to Dayton to brief Lauterbach on the Inspector General's report on the investigation of her daughter's sexual assault case. The scathing 46-page report concluded that the Naval Criminal Investigative Service criminal investigation was both "substantively and procedurally deficient" and that NCIS agents did not conduct the investigation "diligently, timely or completely, and logical investigative steps were not completed."

The report also noted that Camp Lejeune's Sexual Assault and Prevention Response Program officials violated policy in its response to Lauterbach's rape complaint. Consequently, the report concluded, Camp Lejeune's Sexual Assault Case Management Group, which is responsible for reviewing rape cases, was unable to "assure her safety, well-being and recovery after the sexual assault, principally because it did not know about it."

Lauterbach said the Inspector General's report is an important step toward accountability. The yearlong investigation revealed much she hadn't previously known about her daughter's sexual assault case. On May 11, 2007, Lauterbach reported she was raped by then-Cpl. Laurean, one of her supervisors. Laurean claimed he had consensual sex with her.

"The details of the investigation were even worse than we knew," Mary Lauterbach said. "Only three of the eight witnesses were interviewed before Maria died, and they weren't interviewed thoroughly. They didn't investigate the crime scene or check Laurean's alibis, or they would have found out that he was working on the day of the assault, as he claimed to be."

Read the entire story here.
--submitted by Bonnie Palecco

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