Rape 1st (F)
Defendant's Motion for Postconviction Relief Pursuant to
Superior Court Criminal Rule 61
G. Schmidhauser, Esquire, Deputy Attorney General, Department
of Justice, for the State of Delaware.
Jonathan Karasevich, Pro se.
COMMISSIONER'S REPORT AND RECOMMENDATION
defendant, Jonathan Karasevich ("Karasevich"), pled
guilty on June 26, 2013 to Rape in the First Degree, 11
Del. C. § 773. He also faced fifteen additional
counts of Rape in the First Degree, one count of Continuous
Sexual Abuse of a Child, one count of Sexual Solicitation of
a Child and one count of Endangering the Welfare of a Child.
Nolle prosequis were entered by the State on the
additional charges in exchange for Karasevich's plea. As
part of the Plea Agreement the parties agreed to recommend a
sentence of fifty years at Level V suspended after serving
fifteen years minimum mandatory for varying levels of
probation. The Court agreed with the parties recommendation
and sentenced Karasevich accordingly. Had he gone to trial
and been found guilty of all charges he faced 255 minimum
mandatory and the possibility of life in prison.
filed a Motion for Sentence Reduction and Modification on
September 23, 2013 which was denied due to the defendant
receiving the mandatory minimum. Karasevich then filed the
Motion for Postconviction Reliefpro se pursuant to
Superior Court Criminal Rule 61. The Court appointed counsel
to represent Karasevich in his motion. Appointed Counsel
subsequently filed a motion to withdraw with supporting
memorandum. In the motion to withdraw, Appointed Counsel set
forth that he conducted a conscientious review of the record
and concluded that no meritorious issues existed. Appointed
counsel was granted permission to withdraw.
charges stemmed from a call from Division of Family Services
(DFS) to Harrington Police Department in reference to a
sexual abuse complaint. On January 9, 2013, DFS advised
Lieutenant Earl Brode that the alleged victim (M.
disclosed during a counseling session that about two years
prior, she was sexually assaulted by her uncle, Karasevich.
Lt. Brode scheduled an interview with the Children's
Advocacy Center (CAC) to speak with the alleged victim. M.W.
stated that she was sexually abused by her uncle starting at
the age of 6, August 2008, until age 8, December 2009. She
described the abuse as touching, digital penetration and
tongue penetration, all of which occurred numerous times on a
weekly basis. The police swore out an arrest warrant on
January 17, 2013, and after an extradition from Montana,
Karasevich was arrested on February 2, 2013.
motion, Karasevich raises the following grounds for relief:
Ground one: Denial of right to Effective assistance of
counsel. Counsel refused to go to trial stating that 'she
did not want to torture the victim any further.'
Defendant was adamant about his innocence and going to trial.
Defendant had multiple alibies (sic) as to his whereabouts in
the Military pertaining to his charges.
Ground two: Failure to investigate claims made by the
defendant related to his case. Alleged victims (sic) medical
exam results were returned after the defendant was sentenced.
Results was negative to the claim. Defendant also had
information as to the substantiated abuse of the alleged
victims (sic) Mother, his (Adopted sister) by her Uncle but
was continuously shut down by his attorney.
Ground three: Induced Plea agreement based on coercion or
threats. Defendant's counsel made the statement 'I do
not want to torture the victim any further by going
to trial.' Reference to alleged victim as a
'victim' is an insight (sic) to then counsels mind
frame, where ...