United States v. Carmona

38 F. App'x 875
CourtCourt of Appeals for the Fourth Circuit
DecidedJune 6, 2002
Docket01-4309
StatusUnpublished

This text of 38 F. App'x 875 (United States v. Carmona) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Carmona, 38 F. App'x 875 (4th Cir. 2002).

Opinion

OPINION

LUTTIG, Circuit Judge.

Donald Harry Carmona tricked his victim into taking a trip from North Carolina to Ohio, where he raped her numerous times. A jury convicted him of, inter alia, kidnaping, in violation of 18 U.S.C. § 1201, and violation of the Mann Act, 18 U.S.C. § 2422(a). Carmona appeals, challenging the sufficiency of the evidence used to convict him.

I.

The victim of Carmona is Sara DuSa-blon, who was 20 years old in 1999, when the crime was committed. The facts, which are quite peculiar, come mostly from her testimony; Carmona did not take the stand.

In 1999, DuSablon was a junior at Duke University. She was raised in rural North Carolina, in a devoutly Catholic, French-speaking home, with nine younger siblings. She was home-schooled, did not date, use a computer, or watch television.

At some point during her studies at Duke, she “discovered” internet chat rooms. In October, 1999, she began corresponding with “Henry Carmone” (Carmo-na). Henry described himself as a 24-year-old, employed as a Special Agent with the United States Secret Service, working mainly on counterfeit and drug cases. Henry and DuSablon started exchanging e-mails; in his messages, Henry often described his “work.” Henry also apparently professed a desire to have a large family, striking the right chord with DuSablon, who herself is very fond of children. Eventually, Henry confessed to have fallen in love with DuSablon. He also asked her to send him pictures of herself; she complied by sending a nude picture.

DuSablon’s friends and roommate cautioned her against involvement with Henry, whose stories they found unbelievable. To quell any doubts, DuSablon then called the Charleston Secret Service Office, asking to speak with Special Agent Carmone. Remarkably, the operator responded that Carmone was not there, but could be reached at the number he left. As it turns out, Henry had contacted the Secret Service Office and, representing himself as an agent, left a message with the operator for DuSablon. When DuSablon called the provided number, Henry answered. That, for DuSablon, not surprisingly, confirmed Carmone’s story.

In November of 1999, DuSablon agreed to meet Henry at Duke. When she saw Henry, who came by her apartment one morning, she was quite shocked—he was *877 significantly older than 24, smelled, was shabby in appearance, short, and overweight. Henry insisted, however, that she should stay in bed while he made her breakfast. After eating what he cooked, she felt “lethargic” and “blurry.” J.A. 167-68. Henry then made some advances, which resulted in some sexual contact. DuSablon then told Henry that she was not attracted to him, but he continued to profess his love for her. He also expressed his desire to take care of her including financially, claiming that he had a large inheritance, which was currently tied up in court.

Henry spent the rest of the weekend with DuSablon, sleeping on the couch in her dorm room, although prior to his visit, he had promised to stay in a motel. Henry told DuSablon and her roommate countless stories of “undercover” work and showed them some self-defense tricks, which he allegedly learned in the Secret Service. Henry also asked DuSablon about her worst fears; she confessed that she was afraid of being tied up, hit, suffocated, and raped. Henry responded that he was taught in the Secret Service that one must face one’s fears to overcome them.

After he left, Henry and DuSablon continued their correspondence. At some point, Henry told DuSablon about a family of drug dealers and their six-year-old daughter, Samantha, who had been sexually abused. After Thanksgiving, Henry disclosed to DuSablon that he needed to travel in connection with this case. He then announced that both Samantha’s parents had been killed, but that the mother voiced a dying wish that DuSablon take care of Samantha. Because of DuSablon’s involvement in this case, Henry cautioned DuSablon that other Secret Service men watched her; she also received some emails from them, which included stories of Henry’s heroism and love for DuSablon.

Henry then made arrangements for DuSablon to correspond by e-mail with Samantha. DuSablon became so attached to Samantha, that upon researching applicable law, she decided to adopt her. Henry told DuSablon that because of his position as a Secret Service agent, he would be able to help her with the adoption.

Henry visited Duke again in December; he began teaching DuSablon how to face her fears, by tying her up, striking her, and simulating rape.

By that time, DuSablon was determined to adopt Samantha and planned to go see her in Ohio, where Samantha allegedly resided. However, Henry insisted on coming along; he warned DuSablon that she would not be able to see the girl, who was in a safe house, without him. As DuSa-blon testified, it was her voluntary choice to go on a plane to Ohio, but her motivation was to see Samantha, whom, by that time, she considered to be her daughter. J.A. 485.

Because of the alleged difficulties with Henry’s inheritance, DuSablon bought tickets for both of them. They arrived in Columbus on December 15. In response to DuSablon’s persistent requests to see Samantha, Henry, after making excuses for two days, announced on December 17 that Samantha had accidentally shot herself with a gun. Henry added that Samantha wanted DuSablon to commit suicide so they would be together in heaven.

Throughout their stay, DuSablon felt drowsy, similarly to how she felt after Henry fed her when he first arrived to Duke. She experienced similar sensations when she was given a prescription sedative in the hospital after the ordeal was over. Henry raped her several times; because of *878 her impaired physical and mental state, she could not resist.

He persistently suggested that she should commit suicide. He gave her sleeping pills, which he made her throw up because he had not had sufficient time to enjoy her sexually. He made her walk outside in wet clothes; injected some salt solution into her arm; placed a plastic bag over her head so that she could not breathe; all in an effort to help her commit suicide.

He also warned her that Secret Service agents were watching her home and her family. DuSablon testified that she feared that even if she could escape, she and her family would be in danger. J.A. 326, 503. Throughout the trip, she felt disoriented; several people testified that she appeared to be on some kind of drug, unhygienic, and scared.

At some point, Henry called DuSablon’s parents, asking them to wire money. They refused. They then alerted the police and traveled to Columbus, where they found their daughter. Later, Henry was arrested.

As DuSablon found out, Henry is actually a 45-year-old homeless man, who at one point worked as an informant, but had no association with the Secret Sendee at the time he met DuSablon. Samantha and her family were fictions, as were the other Secret Service agents from whom DuSa-blon received e-mails.

II.

The kidnaping statute, 18 U.S.C.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

United States v. Clarence Chancey, A/K/A Sonny
715 F.2d 543 (Eleventh Circuit, 1983)
United States v. Daniel B. Hughes, A/K/A "Sonny"
716 F.2d 234 (Fourth Circuit, 1983)
United States v. Roland R. Childress, A/K/A Rocky
26 F.3d 498 (Fourth Circuit, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
38 F. App'x 875, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-carmona-ca4-2002.