By Jason Riley and Andrew Wolfson, The (Louisville, Ky.) Courier-Journal
LOUISVILLE, Ky. - Two Catholic school athletes who pleaded guilty to sexually assaulting a 16-year-old told police they did it because they thought it would be "funny," according to court records released under a Jefferson County judge's order.
Both teens, who were 16 at the time of the assault, said in interviews with a Louisville Metro Police detective before their guilty pleas that they also took explicit pictures of Savannah Dietrich with their cellphones while she was intoxicated.
The February police interviews are among hundreds of pages of documents released under Chief District Court Judge Angela McCormick Bisig's ruling this week that they should be open to the public.
In another ruling Friday, Bisig said Dietrich does not have legal standing to remove the county attorney's office from the case though she can raise concerns about the plea agreement her assailants received.
After Dietrich initially complained about the plea deal the two teens received, Paul Richwalsky, chief prosecutor in the juvenile court division of the county attorney's office, told her "get over it and see a therapist. ... The jail was for 'real' rapists, murderers and robbers," according to an affidavit released Thursday.
The teen boys pleaded guilty to charges of first-degree sexual abuse, a felony, and misdemeanor voyeurism as part of the plea agreement. They are required to do 50 hours of volunteer work and the Kentucky Department of Juvenile Justice will determine the level of supervision and treatment needed. The conviction could be set aside and erased when the teens turn 19½ if they complete a diversion program.
Dietrich's lawyer, Thomas Clay, told the court that Richwalsky gave the teens favored treatment because they were athletes at Trinity High School, where Richwalsky is an alumnus, serves on the reunion committee and supports the sports teams.
The teens told Detective Chris Horn in separate interviews that they were drinking with Dietrich and a few other people at her home in August 2011 when they were left alone with the heavily intoxicated Dietrich.
They said they lifted her shirt, pulled down her pants and penetrated her vagina with their fingers because, according to one of the teens, "we thought it would be funny, but it wasn't."
They said they took two or three pictures each, put Dietrich's clothes back on and carried her upstairs to her room. Numerous other teenagers told police that the teens showed them the pictures, according to police reports.
Dietrich later learned of the teens' plea deal, which she considered too lenient, then tweeted their names and complained about the court's treatment of her. The lawyer for the accused at first sought to have her held in contempt for exposing what was, at the time, a confidential juvenile court proceeding.
The lawyers dropped the contempt complaint after The Courier-Journal reported on the case. Dietrich and her parents gave permission to use her name. While the assailants' names have been made public in court records, The Courier-Journal has not identified them.
The older of the two teens told police in his interview that he molested Dietrich because "she was fine with it."
"How do you know she was fine?" police asked him.
"I mean she could have definitely been like, 'Stop, don't do this' and we would have stopped, but she didn't," the boy responded, adding that she was conscious but "very drunk" and had "low eyelids."
Before they were charged, the teens pleaded with Dietrich in several text messages not to go to court over what happened, according to copies of the texts released in the files.
"Savannah I know u probably think I'm the worst person in the world," the younger teen texted her in December, asking if they could meet with her and apologize, according to the court records. "There is another way to deal with this other than jeopardizing our lives forever. I'm not a bad person just a dumb one."
When the older teen said their lives could be ruined, Dietrich responded in a text: "You don't think you ruined my life forever? How would you feel knowing you basically got raped. Knowing people are seeing your pictures, tell me who all saw these pictures? It's humiliating I feel exposed."
Richwalsky says he told Dietrich and her mother about the plea deal and denies telling her she needed to move on or get over anything, calling the allegations "preposterous."
"Perhaps it is not so much she is trying to intentionally mislead and deceive this court, but rather the delusional assertions made in her affidavit are merely the byproduct of what she would like to believe happened and not what in actuality took place," Richwalsky said in his affidavit.
Sharon Dietrich, the girl's mother, said Thursday evening in a telephone interview that Richwalsky is misleading and "evaded going over details of the plea agreement. It was done behind our backs."
The teens pleaded not guilty in March and were put on house arrest though they were allowed to go to previously scheduled college visits.
On June 26, they pleaded guilty to sexual abuse and voyeurism; their sentencing was put off for seven weeks for a required sexual-offender risk assessment. The judge will decide to accept or reject the plea agreement Sept. 14.
Both teens have had to withdraw from their Catholic high school. Details about the younger teen were not available, but the Department of Juvenile Justice said the older teen had a GPA of 3.83 and was ranked 25th out of 328 students.
Jefferson County Public Schools said he would have to attend an alternative school because of the charges. His family has appealed and he isn't enrolled anywhere, according to the Aug. 21 report.
His mother said he is a "good kid who made a bad decision and now has to accept responsibility and move forward."
The (Louisville, Ky.) Courier-Journal