Ok..Wait, What?!?

The third accuser took the stand Friday in the case of former Murry Bergtraum basketball coach , Kerbet Dixon. The 20 year old accuser seems to be able to answer the questions on direct with conviction, as do the other accusers. However, when they are cross examined, their answers become vague. Yet, as bizarre as this case has been up to this point, in my opinion, it’s gotten even more confusing.

Mr. Dixon has, yet again, been arrested in this case. This time because photos were posted here of the accuser. It was said that he “furnished” the photos, which is not true. Anyone on the social media can find photos of ANYONE they are looking for. Some sites allow anyone to view your photos.

The court, citing the Rape Shield law,* arrested Mr. Dixon, who is Pro Se, and he will be held until “the end of this trial”. That means he stays the night in jail and returns to court each day. Well, at least he’ll be there everyday and he won’t be late.

Court reconvenes February 10 at 10 a.m.

 

*photos and name removed from previous post

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PORN QUEEN! Prosecution Calls Time Out After Investigation Reveals Dark Side Of Star Witness

 

 

Call it a “flagrant foul.”  The rape trial of former Murry Bergtraum basketball coach Kerbet Dixon came to an abrupt halt today when investigators revealed that the star witness of the prosecution, a 20-year-old accuser , has a disturbing fetish. Multiple websites that depict, among other things, hundreds of photos and videos showing woman being raped and abused were disclosed in court today just as the complainant was set to testify. The jurors, who were on break at the time, were not made aware of the revelation.  Asst. District Attorney Kenneth Appelbaum immediately argued that the information could not be used in court due to the “rape shield law” which limits a defendants ability to cross-examine rape complainants. But Judge Richard Buchter did not close the door on the possibility of the evidence being used, especially if they depict prior “bad acts” by the witness.

Dixon is accused of allegedly raping her at his home in 2008. She also claims he abused her again at his home one week later. She appears on her websites scantily clad and worse, although her head has been obscured in the more graphic photos. She also brags about using the drugs ecstasy and marijuana. Kerbet Dixon, who is defending himself Pro Se against these rape allegations, argued today that the evidence should be allowed, since these websites are owned by the witness and depict some of the very acts he is being accused of. More disturbing was the claim that some of the videos may actually depict minors. The Jury was sent home early, apparently to give the prosecution time to investigate these new findings.

This could potentially have a profound effect on this trial, especially if it is shown that the witness had access to the computers in Dixon’s home. Dixon is being accused of possession of child porn along with the rape charges.

The prosecution called only one witness this morning, 28-year-old Donna Martin, who claimed to be a niece of Kerbet Dixon. She testified to being with her cousin, the 20 year-old, when the girl revealed that Dixon had raped her. But then things quickly got weird.  The witness  began praising Dixon, revealing that she lived with the defendant from the age of 2 to 13, practically growing up in his home. She stated that it was a wonderful time of her life, stressing how much fun it was to live with him. On cross-examination, Dixon asked her if she had ever been raped or abused by him during all of those years. She replied she had not, adding that she was alone with him often.

Maybe I’m missing something, but that didn’t seem to help the prosecution’s case. It seemed to be a classic example of letting your witness talk too much. If this child lived with him for 11 years without incident, when did Dixon become this horrible child rapist?

Does that mean Kerbet Dixon didn’t commit these despicable acts? Of course not. But in a case lacking physical evidence, sometimes what people say becomes important. As my mother used to say – it’s the little things that count.

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Bizarre Testimony In Queens Rape Trial

Things went from strange to just plain bizarre during cross examination today in the rape case of former high school girl’s basketball coach Kerbet Dixon. While questioning an alleged eleven year old victim, Dixon apparently brought out supposedly new details that seem to even catch ADA Marjory Fisher off guard. Kerbet Dixon, who claims to have a “fly on the wall” at the accuser’s home, suddenly asked the alleged victim if she had ever told anyone that she had been raped at the Civil Court building, located on Sutphin Blvd in Queens, where Dixon was employed as a New York State Court Officer. To everyone’s surprise, the child admitted she did, and claimed the rape took place in a conference room bathroom. Strangely, although she admitted Dixon was in uniform at the time, she couldn’t describe any part of his uniform, even though a court officer was standing next to her as she testified. And, although she claimed to have visited the court-house numerous times, she could not describe the building at all. Kerbet Dixon then asked her if she had reported being drugged and raped. Again, she claimed she had. When asked to describe the rape, she stated that Dixon had dragged her off the bed while in a hotel during a basketball trip. Dixon then again asked her to describe the rape. She claimed he dragged her off the bed and that was it. When Dixon asked her to describe what rape was, she admitted she had no idea.

Asst. District attorney Marjory Fisher became livid each time Kerbet Dixon questioned the witness on these new bizarre revelations, suggesting she had not planned on these details coming to light. Dixon, who is Pro Se, did not seem at all intimidated by the seasoned DA, and at one point both Dixon and Fisher traded barbs at each other, causing judge Buchter to angrily admonish both of them. This was the second witness to testify in the long awaited trial. And while the children might have been less than convincing on the witness stand, the parents didn’t fare much better. Rohan Martin, a parent of one of the alleged victims, took the stand friday and claimed, as did her daughter, that she only recently moved in with her grandmother, the caretaker of one of the children, and had never lived with her before Dixon’s arrest. But Pauline Millings, another parent, admitted that both Rohan and her daughter did indeed live with the grandmother in the years leading up to Dixon’s arrest. Her daughter also acknowledged they both lived with the grandmother. Inconsistencies like this have raised eyebrows since the witnesses first began to testify. And while early on the District Attorney suggested that the witnesses would be intimidated by Mr. Dixon asking them questions, the opposite seemed to be true. Each child came into court smiling. When Dixon asked them if they were afraid of him, both the children and their parents calmly admitted they were not. At one point when one of the parents, Pauling Millings, laughed on the stand, Dixon quickly reminded her that nothing about this is funny.

Still, it hasn’t been all smooth sailing for Dixon. He seems at times to have great difficulty grasping certain aspects of conducting a trial. Many documents he has tried to introduce have been rejected by the court. Yet, as a Pro Se defendant, many admit he is doing better than expected. But there is still one more witness to go, and she is an adult. It will be very interesting to hear what she has to say. And then there is the charge of child pornography. There is still a lot left to this case. But today was by far the most interesting day yet. By far.

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District Attorney Drops “F – BOMB” On Coach In Open Court.

We knew this was personal, but . . wow. Queens Asst. District attorney Kenneth Appelbaum revealed a few loose screws during Jury Picking yesterday in the sexual abuse case involving high school basketball coach Kerbet(Kirby) Dixon.  While the jury was out of the room on a break, Appelbaum suddenly hurled the F bomb at Mr. Dixon during a heated exchange between himself and the coach, much to the dismay of the court and members of the audience.

Dixon, who is Pro Se, began complaining about his expert not having access to all of the computers that the District Attorney removed from his home during a police raid in 2011. Appelbaum then produced a  release form for a computer and handed it to Mr. Dixon. But Kerbet Dixon again complained that it was still the wrong computer.  Kenneth Appelbaum then seemed to come unglued, angrily stating to the judge that he wasn’t releasing any more computers. At that point, Kerbet Dixon accused him of playing a game of “hide the child porn”. Appelbaum then angrily turned to Dixon and shouted “Fuck You!” causing quite a commotion.  After the lunch break, Judge Buchter admonished the ADA for his tirade, warning him that there would be “serious consequences” should that ever happen again.

Obscenities are nothing new in this court case. During a hearing a year ago on this same case, Kerbet Dixon accused the Asst. District attorney of removing a personal videotape and gold jewelry from his home during the raid. When Mr. Appelbaum denied he had any of those objects, Dixon then turned to him and called him a “lying son of a bitch!”  almost causing Judge Buchter to hold him in contempt of court.  (The jewelry and tape was later handed to Mr. Dixon in the hallway a month later without explanation.)  On Monday, Kerbet Dixon was held in contempt of court after arguing a motion which the Judge felt was insulting to the court. After serving a night in jail, he was released – probably with a little help from Appelbaum’s outburst. Dixon later admitted he may have gone too far with the judge. “Yeah, I may have gone overboard” he told me during a conversation this morning. “My emotions get me riled up sometimes”.  At the end of the court session, however, things seemed very cordial between Dixon and the judge. He and Appelbaum, however, may be a different story. The outburst seemed to show a temporary lost of self control on the part of the DA. It remains to be seen if that will become an issue during the trial. “I have a past with this District Attorney’s office. ” Dixon later stated. “Nothing is going to change that. We don’t like each other. It is what it is.”

Nevertheless, opening statements are scheduled for Thursday morning. It’s show time.

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Trial Date Set (again) in Sexual Abuse Case

A new trial date has been set in the sexual abuse case involving former high school basketball coach Kerbet Dixon. Yesterday, judge Richard Buchter set the trial date for January 27th, 2014. He also made it clear that there would be no further adjournments. Dixon, who stated he was in the process of securing a new computer forensic investigator (the court appointed expert dropped off the case after not being paid by the court in over a year) , questioned if there was going to be enough time for any new investigator to do a complete investigation before the trial begins. But judge Buchter was firm in that the would be no further time given. “We are going forward, whether you have an expert or not” he replied.

Yesterday marked the first time that judge Buchter actually engaged in direct conversation with Mr. Dixon in court. On the October 30th court date, Dixon (a Pro Se defendant) had complained when the judge seemed to ignore him in court, speaking only with his legal assistant and the District Attorney. “He finally gets it that I’m Pro Se” Dixon later stated. “It took long enough”.  Prosecutor Kenneth Appelbaum argued yesterday that the trial should start right after the holidays. On the last court date, Dixon’s former court appointed attorney (now legal advisor) Russell Rothberg, inexplicably asked the judge to have the trial before the holidays, even though Dixon had just lost his forensic expert. Kerbet Dixon at first refused to comment on the reasoning behind that request. “Court appointed attorneys get paid by the end of the year” he later stated. “but I’m supposed to be too stupid to know that”.

So it seems that almost three years after his arrest, (Kirby) Dixon, the former Murry Bergtraum coach, is finally going to have his day in court. But whether this date holds firm remains to be seen.  If there is one thing we have learned, it’s that, in this case, nothing is written in stone.

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Dixon To Go It Alone After Judge Denies Request For New Attorney

More drama in the Dixon sexual abuse case Monday after Kerbet Dixon’s motion to have his court appointed attorney replaced was denied by Judge Richard Buchter. This was Dixon’s second request for a new attorney in this case. His first request, a long written motion to have his first attorney Frank Kelly replaced, was granted on  January 14th . At that time, Judge Richard Buchter made it clear that he did not believe anything that was written in that motion, but he reluctantly agreed to grant it after attorney Frank Kelly admitted that the attorney – client relationship had deteriorated to a point of no return. On Monday, Dixon stated that his new attorney, Russel Rothberg, had stated to him that he believed that Dixon “should be in jail”. He also claimed that the attorney was not interested in evidence that he and the private investigator had presented to him. At first, Judge Buchter denied the motion even before Mr. Dixon had  stated the reason for the request. After Dixon protested, he allowed Kerbet to explain the problem, and then denied the motion again, stating Attorney Rothberg’s track record and history of being a former prosecutor. He also felt that Dixon was attempting to delay the trial.

Kerbet Dixon then filed an application to represent himself Pro Se (without an attorney) stating Judge Buchter “left him no choice.” After informing Mr. Dixon of the difficulty of a defendant representing himself in a trial, the judge granted the application. He also stated that he would suggest that Kerbet keep Attorney Rothberg on the case as an assistant. He then requested that Dixon take an aptitude test after the lunch break to make sure he was capable of representing himself.

Strangely, Judge Buchter seemed to have a change of heart after the lunch break, and stated that he now was willing to appoint Dixon a new attorney. But Dixon, after talking to his family and Attorney Rothberg during the break, had decided that he would remain Pro Se.  Dixon, who was a court officer for 21 years,  later stated that he felt funny business was going on with these court appointed attorneys, especially after the Judge denied his motion, then later decided to grant it. “What was this change of heart over the lunch break?” he said. “It felt like I was being set up.”  After Kerbet Dixon passed the aptitude test, Judge Buchter adjourned the case to August 22nd. He also gave Dixon the option of changing his mind on that date about proceeding on his own. Dixon doesn’t see that happening. “Take notice when you see strange behavior” he said. “I’m aware that no one in that courtroom has my best interest in mind. I’ll take my chances going it alone.”  Stay tuned.

UPDATE:  8/22/2013 – Administrative problem with court appointed computer expert. Case adjourned to 10/7/2013

UPDATE:  10/7/2013 – Case adjourned to 10/30/2013 on consent.

UPDATE:  10/30/2013 – Case adjourned to 11/18/2013

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Trial Date Set in Sexual Abuse Case

Judge Richard Buchter has finally set a trial date for the sexual abuse case of ex-hoops coach Kerbet Dixon. The trial is scheduled to begin July 22nd of this year. Kerbet Dixon, who yesterday in court again accused the District Attorneys Office of not returning all of his jewelry that was confiscated during a raid, said simply “it’s about time.”  The case, which began with his arrest in June of 2011, will come to a head in a little over 2 months from now. Dixon, who is the father of former Uconn Huskie Lorin Dixon, stated that he is ready for trial and is actually looking forward to it. “Two years is a very long time to wait” he said. “All the facts will soon come out.”

In a Supreme Court hearing yesterday, Dixon’s attorney, Russell Rothberg, notified Judge Richard Buchter that he would not oppose the computers being combined with the original case. This was surprising as it was widely believed that the defense originally wanted them severed from the case. The about-face seemed to surprise even DA Kenneth Appelbaum. Judge Buchter also honored Rothberg’s request to reassign the original private investigator back to the case (he had been released when Kerbet Dixon changed attorneys.)

Although very little is known about the accusers, that is about to change. I have been gathering information about the accusers which I will post in a later blog. One thing is for sure – This trial promises to be anything but boring. Add to that the fact that the DA and Kerbet Dixon seem to genuinely not like each other should make for a very interesting case. In the meantime, we are two months and counting.

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