Two women arraigned on rape charges

[Louis Cypher]

MassLive.com.

Wednesday, January 19, 2005
By NANCY H. GONTER
ngonter@repub.com


NORTHAMPTON - Two women, one a Smith College student, pleaded innocent to rape and assault charges yesterday in connection with a sexual encounter that a prosecutor said started out consensual and turned into a rape involving handcuffs and knives.

Northampton District Court Judge W. Michael Goggins set bail at $2,500 cash or $25,000 surety for Rachel Ann Klobertanz, 22, and Augusta Claire Kendall, 22, at their arraignments yesterday morning. Kendall was released on bail yesterday morning.

The two appeared in court shackled and handcuffed, wearing jeans and hooded sweat shirts.

Assistant District Attorney Susan J. Loehn said the 20-year-old victim, who is a Smith College student as is Kendall, met the two defendants in downtown Northampton and went to their 104 South St. apartment.

The woman went there voluntarily, despite the fact she had obtained a restraining order against Klobertanz in August, according to Loehn and police reports. The incidents took place Friday night into Saturday morning, police said.

The three had "several bottles of champagne" and then went to a bedroom where the three engaged in consensual sex, according to Loehn and police reports. During the encounter, the victim was placed in handcuffs, although she did not remember how, police reports state. After Kendall slapped her face, the victim told the two she wanted to stop, police said.

They refused, and Kendall cut her abdomen and other areas of her body with a knife and raped her while Klobertanz held her legs, police said.

Kendall has no criminal record, while Klobertanz has a pending assault and battery charge in Rhode Island, Loehn said.

In an interview, Loehn, who had been with the Northwestern district attorney's office for more than 10 years, said while this case may be unusual, it is not the first time a woman has been charged with raping another woman here. It's unusual because of the level of violence that occurred, Loehn said.

The district attorney's office plans to seek indictments against the two in Hampshire Superior Court, Loehn said.

Their district court cases were continued to Feb. 18. Both are charged with two counts of aggravated rape, three counts of assault and battery, and one count each of assault and battery with a dangerous weapon and aggravated assault and battery. Klobertanz is also charged with violating a restraining order.

The victim had obtained the restraining order against Klobertanz in August, when she said the two had a fight about money, and Klobertanz got angry and pushed her into an antique clock and a bed, according to court documents.

"Then she grabbed me by the neck and tried to strangle me," the woman wrote in the affidavit she submitted when requesting the restraining order.

The incident took place in the victim's mother's house in North Kingston, R.I., where the two were reportedly living. The two had dated since March 2004, the victim said in court documents.

Also yesterday, a roommate of Kendall and Klobertanz obtained a restraining order barring them from entering the apartment they had shared with him. The roommate, Gerard N. Tomasini, said that when the two were arrested at their 104 South St. apartment, police told him that the two had a knife collection.

Tomasini said in an affidavit that he had a long history of conflict with the two, including Klobertanz who had been living there without his consent since mid-October.

Defense lawyer David Roundtree, hired to represent Kendall, said his client has a 3.0 grade point average. Her mother, who works in alumni relations at Yale University, was in the courtroom, he said.

"There are some significant issues with respect to consent," Roundtree said.

Lawyer Thomas H. Estes, appointed to represent Klobertanz, said both women told police the sex was consensual. He noted they were still at their apartment when arrested.

[winner4ever]

Nice threesome!!! LOL!

[Roxy]

OMG!!!!