Gazette, The (Colorado Springs): Prosecutor assails alleged rape of boy as 'Russian roulette'

An HIV-positive counselor played a deadly round of Russian roulette with a 12-year-old when he raped the boy without wearing a condom, prosecutors argued Wednesday.

Defense attorneys said the boy, who had been in and out of foster homes most of his life, made up the story because he wanted love and attention.

Those arguments are at the heart of the case against 32-year-old Anthony Dembry, whose fate now rests with the jury. Deliberations, which began late Wednesday afternoon, continue today.

Because of his HIV status, Dembry faces the charge of attempted manslaughter as well as several sexual-assault charges stemming from an alleged Feb. 15 rape in his Colorado Springs apartment. So far, the boy has tested negative for HIV, the virus that causes AIDS.

Dembry did not testify, but he did sign a confession admitting to having unprotected sex with the boy.

Defense attorney Joshua Toline argued police used questionable interview tactics and coerced the confession, which was not taped.

"If the Colorado Springs Police Department would spend the buck- fifty it took to buy a videotape, we might know (what happened). Is this man's life not worth a $1.50?" Toline asked as he rested his hand on Dembry's shoulder.

The defense also faulted prosecutors and police for not testing bed sheets, a washcloth or clothing for evidence.

Prosecutors relied heavily on the testimony of the boy, a nurse who examined him, and Edwin Bjorkvist, the detective who interviewed Dembry.

Prosecutor Amy Mullaney discounted the defense theory that a bowel movement caused the 1-centimeter rectal tear found the day after Dembry allegedly forced the boy to have anal sex.

"They want you to believe this child fabricated this fantastic tale, had the bowel movement of his life, then the defendant happened to confess," she said.

Toline said Dembry, a former youth counselor at various times for five Colorado Springs agencies, had dedicated his life to helping children. Dembry, a gay man sensitive to issues of sexuality, cracked under Bjorkvist's relentless questioning and admitted to something he didn't do, Toline contended.

"It hit at his insecurity - the one thing he was tormented about and ostracized for," Toline said.

Dembry's accuser, meanwhile, was a foster child starved for attention and confused by puberty, Toline said.

Pubescent fantasies became semi-reality when he whispered them to his foster brother, Toline theorized. They became fact when the boy told authorities, he said.

But prosecutor John Newsome told the jury of seven women and five men that Toline was the one concocting fantasies.

Dembry should be punished for having sex with a minor and ignoring the many condoms available in his room, Newsome said.

- Bill Hethcock covers legal affairs and may be reached at 636- 0232 or hethcock@gazette.com.

The charges

Attempted manslaughter (includes the lesser offense of reckless endangerment)

First-degree sexual assault (includes the lesser offense of third- degree sexual assault)

Sexual assault on a child by a person in position of trust

Sexual assault on a child