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Bracke appeals convictions; other charges pending

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Arthur R. Bracke
Convicted child molester and arsonist Arthur R. Bracke has filed a notice of appeal in Middlesex Circuit Court through his attorney Charles E. Haden of Hampton.

Haden, who was appointed by the court, filed the notice of appeal on Nov. 21, 2008 and received a copy of the courts’ transcripts on Jan. 15, 2009, according to court records.

Bracke, 62, was sentenced by Middlesex Circuit Court Judge William H. Shaw III on November 5, 2008 to 39 years in prison, with the sentences to run consecutively, which means his prison term is the sum of all the sentences added together.

Middlesex Commonwealth’s Attorney Mike Hurd said inmates in the state system must serve at least 85 percent of their sentence.

Bracke was a child abuse investigator with the Middlesex Department of Social Services for 21 years until he retired on July 31, 2007.

In August 2008, a Middlesex jury found Bracke guilty of six sex-related crimes, including two felonies of aggravated sexual battery involving an 11-year-old boy that occurred in November 2007. The jury recommended sentences totaling 34 years and a $10,000 fine. Judge Shaw imposed those sentences “without alteration.”

The maximum sentence for one conviction of aggravated sexual battery is 20 years and a $100,000 fine.

In September 2008, Bracke also pled guilty to setting fire to the house he was living in on Mill Wharf Road in Wake on November 17, 2007. On the arson conviction, Judge Shaw sentenced Bracke to 30 years in prison with all but 5 years suspended. That sentence is consecutive to the other 34-year sentence, which equals 39 years.

More charges

Bracke, who remains in jail, still faces four sexual felonies—two counts of aggravated sexual battery and two counts of sexually abusing a child—that allegedly occurred in August 2007.

Bracke also is charged with felony attempted first-degree murder for allegedly setting fire to his house while his then 19-year-old adopted son was sleeping inside. 

The jury trial on the remaining charges has been set for August 5 in Middlesex Circuit Court.

Bracke is also facing a felony bad check charge that allegedly occurred in September 2007. That trial is set for Wednesday, Feb. 4.

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Related Links:
Bracke sentenced to 39 years in prison
Bracke pleads guilty to arson.
Bracke guilty of arson could get life
Bracke’s testemony fails to sway jury
Art Bracke convicted
Jury hears testimony in Bracke case
Barcke’s lawyer seeks separate trials on child molestation

posted 01.27.2009

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