Man wins $2.3M for severed penis attack in New York

[SplitDik (imported)]

The guy probably won't get much of the money as the defendant doesn't have it and is serving 38 years for the attack.

http://www.watertowndailytimes.com/arti ... /712059927

Victim awarded $2.3 million for genital mutilation, other torture

PAYMENT DOUBTFUL: Attacker is serving 38 years for vicious attack

By JOSH GORE

TIMES STAFF WRITER

TUESDAY, DECEMBER 6, 2011

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CANTON — An Ogdensburg man who was stabbed and tortured Jan. 31, 2008 was awarded $2.3 million by a state Supreme Court judge after suing his attacker.

Harry E. Klages II admitted to slashing Andrew W. Lesperance from his stomach to his groin with a knife, mutilating his eyes, cutting off his penis and attempting to sever the victim’s leg below his hip.

According to the decision by Judge David R. Demarest, Mr. Lesperance was awarded $386,395.60 for past medical expenses and $2 million for past and future loss of enjoyment of life.

Though a successful decision, Mr. Lesperance’s lawyer, Stephen D. Ciotoli of Syracuse, said it is doubtful Mr. Lesperance will get much of the money.

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“What can you do with someone who’s in jail, and I’ll assume with no assets?” he said. Klages was sentenced in 2009 to 38 years in prison for two felony assault counts.

Mr. Ciotoli said he is happy with the decision, but it doesn’t compensate Mr. Lesperance for what he’s been through.

“In what can only be described as a gross understatement, (Mr. Lesperance) testified that (Klages) ‘ruined his life,’” Judge Demarest wrote in his three-page decision.

Mr. Lesperance spent two years in a rehabilitation facility after the assault.

Klages accepted a plea deal in 2009 and was sentenced to prison for 38 years.

Mr. Lesperance has previously sued the St. Lawrence County Probation Department, alleging that the department knew Klages had been violating his probation before the assault and failed to act. That lawsuit was dismissed.

The attack took place following a party at Klages’ apartment at 441 S. Main St., Massena.

Klages had been convicted twice and placed on probation from cases that were settled when he pleaded guilty to attempted assault. One involved a hammer attack on a man in Potsdam on July 23, 2005. The other was a knife attack on an Ogdensburg man in a tavern parking lot Aug. 26, 2006.

Mr. Lesperance did not return phone calls left with his family seeking comment.

[Hash (imported)]

This is when the victim, Mr. Lesperance, should have a say in the punishment. If he had had a part in the decision, I wonder if he would have chosen penectomy or castration for his attacker, to me, that would be justice. This guy was a nut and deserves to be where he's at - in prison. Oh, I know, I'm a barbarian for thinking such a thing, in America we're too enlightened to abuse or harm those who have killed, maimed, tortured, raped, and shot others. We have to demonstrate compassion and mercy. Makes me want to puke, in the old west they would have hung him.

[KingOfHearts (imported)]

For repeat offenders, that's where I agree with you. A third time gets ridiculous...

[Hash (imported)]

What I want to know is what caused this attack? Did the victim provoke the attacker? Why was the attacker so savage and horrific in his attack? I mean, he slashed the victim

from his stomach to his groin with a knife, mutilating his eyes, cutting off his penis and attempting to sever the victim

’s leg below his hip, what on earth could have led him to such brutality? Is he was he deranged? Does he have a serious mental problem? And what happened to the penis, did he throw it somewhere or take it with him? O.K. I did find this but no mention about his penis:

http://www.tennisforum.com/showthread.php?t=331302

[weestub (imported)]

What is the practice in the United States, will the victim receive some sort of compensation--at least enough to cover medical expenses--from some government agency if the attacker is unable to pay? Will he receive some sort of long-term financial assistance if he is unable to work or live on his own?

I would think that losing his penis is probably the least disruptive of the victim's injuries here. "Mutilating his eyes" suggests blindness or severely impaired sight. "Attempting to sever ... legs below his hip" hints at probably long-term mobility problems, as does two years of rehabilitation. "Slashing ... from his stomach to his groin" suggests possible damage of internal organs. But loss of the penis does not doom one to a sexless life if one wishes to pursue one.

[gellyfregy (imported)]

There are victim compensation funds and such, as well as medical and disability programs. It varies in details from state to state. In summary, probably not enough to make up for the victim's losses. (IANAL, but I think that's true, would be happy to learn otherwise.)

[socky1965 (imported)]

The way I see it, the only way the injured guy would get money is if the incarcerated guy writes a book or gets a movie deal.