How Could You? Hall of Shame-Matthew L. Durham UPDATED

This will be an archive of heinous actions by those involved in child welfare, foster care and adoption. We forewarn you that these are deeply disturbing stories that may involve sex abuse, murder, kidnapping and other horrendous actions.

From Oklahoma, American missionary Matthew Durham,19,”has been charged with sexually abusing boys and girls while volunteering at an organization in Kenya that assists neglected children.”

“Matthew Lane Durham, of Edmond, is accused of engaging in sex acts with as many as ten children aged from 4 to 10 years old while volunteering at Upendo Children’s Home in Nairobi from April to June 2014.

The complaint filed in the U.S. District Court of Western Oklahoma last week says the 19-year-old Durham has volunteered with Upendo since June 2012.

Durham wrote and signed a confession that an Upendo official provided to the U.S. Embassy in Nairobi, according to an affidavit filed by FBI agent Scott Lobb.

In it, he admitted to sexually abusing boys and girls in a bathroom at the children’s home. At least one of the victims is HIV positive, according to the affidavit.

During previous visits, Durham lived with sponsor families in Nairobi, but for his most recent trip he requested to stay at the children’s home in an “overflow bunk,” Lobb wrote.

A live-in caretaker at the children’s home became suspicious of Durham’s behavior and inquired with the children, who told her about the abuse, the affidavit states. The caretaker then reported the allegations to Upendo officials, who obtained a confession from Durham, confiscated his passport and notified local police, Lobb wrote.

Durham’s attorney Stephen Jones, who once represented Timothy McVeigh, the Oklahoma City bomber, told CBS affiliate KWTV that there is no substance to the charges against Jones.

“It’s chocked through with mistakes,” Jones said of the complaint against his client. “The FBI is relying on what third parties have told them. There’s more to this than meets the eye.”

Durham returned to the U.S. last month. He was arrested Thursday in Edmond and is currently being held without bond at the Logan County jail, according to the U.S. Marshal’s Office. A preliminary hearing is set for Aug. 1.

A statement from Upendo Kids International Director Eunice Menja said the Edmond-based company is cooperating with authorities, but declined further comment.

Durham faces four counts: traveling to engage in illicit sexual conduct; engaging in illicit sexual conduct in foreign places; attempt and conspiracy; and aggravated sexual abuse with children.

If convicted, he faces up to life in prison.”

 Man charged in Oklahoma with child abuse in Kenya[CBS news 7/22/14]

“According to court records, 19-year-old Matthew Durham confessed to raping several young girls, forcing some boys to perform oral sex on him and even making other kids watch.

“This is a young man in our community that made choices to exploit children in an orphanage,” said United States Attorney Sanford Coats. “It’s a true tragedy all the way around.”

The 19-year-old suspect traveled overseas with a group called Upendo.

Upendo is an organization that assists neglected Kenyan kids by providing food, housing, clothes and religion.

While Durham volunteered to travel overseas several times over the last two years, on his last visit, the criminal complaint alleges, “Durham requested to stay at the children’s home in an ‘overflow bunk’ rather than at an offsite facility.”

During that visit, several alleged victims claimed Durham “often touched them in a sexual manner or told them to touch themselves while he watched.”

Once confronted, Durham allegedly came clean.

“A caretaker at the orphanage noticed something wasn’t right and confronted Mr. Durham. He admitted to some of the acts,” said Coats.

The affidavit continues, “The victims are believed to be both boys and girls between the ages of four and nine, at least one of whom is HIV positive.”

Prosecutors say while the alleged sex crimes were committed overseas, Durham can be held accountable for the crimes in Oklahoma.

Durham is being held without bond.”

Teenage Missionary Accused of Raping Young Children at African Orphanage[KTLA 7/21/14]

REFORM Puzzle Piece

 

Update: “A federal judge found probable cause Friday to continue criminal proceedings in the case against an Edmond teen accused of molesting and raping orphans in Kenya.

Matt Durham appeared in federal court Friday in shackles and an orange jumpsuit. At least 100 people were in the courtroom for his hearing, mostly Durham’s family and friends.

Durham was a popular student at Edmond North High School, who graduated in 2013 before enrolling at Oklahoma Christian University.

Federal Agent Scott Lobb testified that there are eleven victims in the case between the ages of 6-9, both boys and girls. The prosecution presented testimony that Durham’s mother was in Kenya at the orphanage for part of the time Durham was there.

Durham had volunteered at the Kenyan orphanage four times. Authorities said he requested to stay overnight with the children instead of staying at an off-sight home the last time he volunteered.

According to testimony, when Durham’s dad was notified of the incident, he said, “We’ve been through this before.”

In written and video statements made in Kenya, Durham said he had a demon inside of him named “Luke” who told him to touch the children. He showed no emotion as the confessions were presented in court.

“I would take her to the bathroom at night and hold her down and rape her. This happened on several occasions… I told her never to tell anyone and that I loved her,” Durham allegedly wrote.

“How can I not hate this thing inside me? It takes me at night and I am powerless over what Luke wants… every night Luke gets what Luke wants,” Durham allegedly told a friend via text message.

Durham also allegedly sent a friend in Oklahoma on Facebook a message while he was still in Kenya that read, “Please the moment I get back take me to your pastor in Norman.”

Stephen Jones, Durham’s defense attorney, told the court Durham was held for five days by orphanage officials after his mother left the country.

“They would not return his passport until he confessed and under those circumstances, it’s duress,” Jones said.

KOCO 5 News contacted the U.S. Attorney’s Office. Officials said they would not make a comment will while the case is ongoing.

Durham’s friends, family and those with the mission group also declined to make statements to the media.

Eunice Menja, the woman who recorded Durham’s video confession and asked for his handwritten statement, is still in Kenya. She will be back in Oklahoma on Aug. 6 and is set to meet with federal agents.

Durham’s next court appearance will be a detention hearing Monday at 1:30 p.m.

“I’ll ask the judge to follow the recommendation of the probation service,” Jones said.

Jones said he could not comment on what the probation service’s recommendation was, but said he was happy with the recommendation.

On Tuesday, the grand jury will convene in relation to the case.”

 

Judge finds probable cause in case against Edmond teen accused of molesting Kenyan orphans
[KOCO 8/1/14 by Kim Passoth]

Update 2: “A 19-year-old Oklahoma man charged with sexually abusing boys and girls while volunteering at an orphanage in Kenya that assists neglected children is scheduled to be released to confinement in his family’s Edmond home.

Matthew Lane Durham is set for release from custody Tuesday after U.S. Magistrate Shon Erwin granted bond in the case. Prosecutors say they will appeal.

Durham faces up to life in prison if convicted of engaging in illegal sexual conduct in foreign places and other charges.

Erwin handed down his ruling on Monday after Durham’s parents testified they do not believe allegations that Durham engaged in sex acts with as many as 10 children between the ages of 4 and 10 years old while volunteering at the Upendo Children’s Home near Nairobi from April to June.”

Oklahoma man accused of sexually abusing children at Kenya orphanage set for home confinement[Star Tribune 8/5/14 by Associated PRESS]

Update 3:”A new 24-count indictment has been issued against a 20-year-old Oklahoma man who is accused of sexually abusing children at a Kenya orphanage.

The indictment was returned against Matthew Lane Durham of Edmond, who federal prosecutors allege engaged in sex acts with as many as 10 children ages 4 to 10 while volunteering at the Upendo Children’s Home near Nairobi from April to June 2014.

Prosecutors have also accused Durham of engaging in illicit sexual conduct with minors under 18 and aggravated sexual abuse of a child under 12.

The indictment, which court records indicate was returned Tuesday, alleges Durham traveled from Oklahoma City to Kenya to engage in illicit sexual conduct with children at Upendo, which specializes in assisting neglected Kenyan children by providing them with food, housing, clothes and academic and religious instruction.

Durham was named in a three-count indictment in August that accused him of traveling with intent to engage in illicit sexual conduct, engaging in illicit sexual conduct in foreign places and aggravated sexual abuse with children. The new indictment expands those charges by adding alleged victims.

Durham faces up to life in prison if convicted of the charges. Durham, who is in federal custody pending his trial, made a brief appearance in U.S. District Court in Oklahoma City Friday and pleaded not guilty to the charges, according to court records.

Durham’s attorney, Stephen Jones, said the additional 21 charges in the new indictment and difficulties he has encountered preparing Durham’s legal defense have prompted him to ask that Durham’s scheduled March 10 trial be postponed at least 90 days.

“It’s piling on, but it’s more than that,” Jones said.

Jones said prosecutors earlier this month provided defense attorneys with more than 550 hours of recorded telephone conversations between Durham and his parents while he has been in detention for almost six months. Jones said attorneys have not been able to listen to the recordings yet.

Jones said he is also getting no cooperation from the orphanage where the abuse allegedly occurred and has not yet traveled to Kenya to investigate the allegations because of concerns about terrorism in the African nation.

“It is risky for anyone to go to Kenya at this time,” Jones said.

An affidavit filed in federal court said Durham, who had volunteered with the children’s home since June 2012, wrote and signed a statement acknowledging the sexual misconduct. An Upendo official provided the statement to the U.S. Embassy in Nairobi, the affidavit says.

But Jones has challenged the credibility of Durham’s statement and has claimed it was coerced by orphanage officials in Kenya who kept him in isolation and confiscated his passport.”

New indictment issued against Oklahoma man accused of child sex abuse at Kenya orphanage [Star Tribune 1/23/15  by  Tim Talley/Associated Press]

Update 4:”Several charges against an Edmond man accused of sexually abusing children while volunteering in Nairobi, Kenya, have been dropped.

Matthew Lane Durham, 20, now is charged with 17 counts in Oklahoma City federal court, including eight counts of aggravated sexual abuse with children and eight counts of engaging in illicit sexual conduct in foreign places.

 

Some charges dropped for Edmond man accused of sex with Nairobi children[The Oklahoman 4/8/15 by Matt Dinger]

“Kenyan children allegedly sexually abused by an Edmond missionary at a Nairobi orphanage in 2014 are scheduled to testify next week in a nearly empty Oklahoma City courtroom.

Trial set to begin for man accused in Kenyan child sex abuse case[The Oklahoman 6/3/15 by Kyle Schwab]

Update 5:“An Oklahoma man accused of sexually abusing several children at a Kenyan orphanage where he volunteered confessed to his misdeeds in writing, a federal prosecutor told jurors Wednesday at the outset of the trial.

Assistant U.S. Attorney Don Gifford spent part of his opening statements reading excerpts of 20-year-old Matthew Lane Durham’s confession, which Durham’s lawyer says isn’t true and was coerced.

“I would take her to the bathroom at night and hold her down and rape her. This happened on several occasions,” Gifford said, reading a section pertaining to the alleged assault of a 12-year-old girl.

Quoting another that pertained to a boy at the Upendo Children’s Home in the Kenyan capital of Nairobi, Gifford read: “At night I took him to the bathroom and had him perform oral sex on me.” The handwritten, signed notes were later shown to members of Durham’s 12-member jury.

Durham, of Edmond, has pleaded not guilty to the 17 charges he faces, which include aggravated sexual abuse and engaging in illicit sexual conduct in foreign places. If convicted on all charges, he faces up to life in prison.

Six of the children, who speak Swahili, were scheduled to testify through an interpreter. The first began to testify after opening statements concluded, but not before the judge cleared the gallery and closed the courtroom to the public and media.

During his opening statement, defense attorney Stephen Jones said Durham is innocent and that he only confessed to the crimes because he was under duress. He said officials at the orphanage had detained and isolated him and had taken away his passport.

“He’s in fear for his life,” Jones said. He described Durham as “an emotionally vulnerable teenager” who was struggling with “sexual identity and development” while also being a devout Christian.

Jones said that the orphanage, upon hearing the allegations, initially didn’t notify police, medical officials or the U.S. Embassy, and that others who lived in the Upendo home didn’t witness any wrongdoing alleged to have occurred.

“They never saw anything in the close confines,” Jones said.

Josphine Wambugu, manager of the orphanage and the children’s caretaker, testified that she found Durham sleeping in the girls’ dormitory with one of the young children on June 12, 2014. “He left quickly,” Wambugu said.

She said she questioned some girls about whether misconduct involving Durham had occurred and several said they had had “bad manners” with Durham, a Kenyan phrase for sexual relations.

Wambugu, known as “mom” by residents of the orphanage, said she later confronted Durham about the allegations.

“He say: ‘Yes, I did it! Yes, I did it!'” she testified. She said Durham told a group of Upendo officials that he had struggled with child pornography and homosexuality.

Wambugu wept softly on the witness stand as she recalled the emotional toll the incident had taken on her and others at the orphanage.

She rejected suggestions by Jones that orphanage officials had used the case to obtain more than $17,000 from the U.S. government to install security cameras at the orphanage.

Durham, wearing a gray suit and tie, sat expressionless during Wambugu’s testimony.

U.S. District Judge David Russell said the trial could last up to two weeks. In addition to the six children, other orphanage officials and 10 missionaries are among the 39 witnesses prosecutors intend to call to the stand.

Jones has said Durham will testify.

The judge agreed last week to close the courtroom during the children’s testimony after prosecutors said that Durham and his family had discussed a plan to “pack the courtroom” with supporters. The government feared that testifying in open court could pose “substantial psychological harm” to the children.

Durham had volunteered at the orphanage since 2012. Prosecutors allege he assaulted children last year.”

Prosecutor: Oklahoma man detailed Kenya sex assaults on kids[Daily Mail 6/10/15]

Update 6:”The courtroom was so quiet, you could hear a pin drop.

 

Prosecutors called Matthew Durham’s father, Kyle Durham, to testify in the sex crimes case against his son.

 

20-year-old Matthew Durham had pleaded not guilty to 17 charges.

 

He’s accused of molesting orphan children on a 2014 mission trip to Kenya.

 

Friday, U.S. Attorneys played jail phone calls between the father and son the night Matthew got arrested in Oklahoma.

 

On that call, he told his dad to research coerced confessions – the defense Durham’s attorneys are now making in his trial.

 

Kyle Durham testified Friday he took Matt to see a counselor as soon as Matt arrived home from Kenya in June 2014.

 

Kyle told the court Matt wasn’t the same when he got off the plane. About a month later, Matt was arrested.

 

The judge sent the jury out Friday while Durham’s attorney argued with prosecutors over allowing into evidence phone calls between Kyle and Matt Durham while Matt was in the Logan County jail.

 

The judge allowed in a couple of the calls, including one where Matt is heard telling his dad to research coerced confessions and “Central Park 5,” a documentary about coerced confessions. Durham’s attorney is arguing Matt’s confession to the orphanage director in Kenya was coerced.

 

In another jail phone call, prosecutors say Matt told his dad his favorite book in the Bible is Luke.

 

One of Durham’s friends testified that Matt told her he had someone in his head named Luke who told him what he did to the Kenyan orphans.

 

The court also heard from a Kenyan doctor who determined six of the alleged victims, all girls, had been sexually assaulted.

 

Durham’s attorneys will call Melissa Durham, Matt’s mother, to testify when it’s the defense’s turn.

 

On Thursday, prosecutors played Durham’s video confession in court, where he described what he allegedly did to the children in detail.

 

At first, he said he was having strange dreams from his Malaria medication. Then, he is seen admitting to raping some of the orphan girls.

 

The defense claims the video is coerced, that orphanage officials took Durham’s passport and threatened to turn him over to Kenyan police if he didn’t admit to the crimes.

 

The defense claims orphanage officials had a motive and saw an opportunity; the orphanage received $17,000 in U.S. government money for the alleged crime.

 

If convicted, Durham faces life in prison.”

 

Bombshell dropped in case against Oklahoma man accused of sex crimes against Kenyan kids [KFOR 6/13/15 by Abby Broyles]

“Federal prosecutors questioned their final witnesses Monday, some of them children who testified through an interpreter in a closed courtroom, before resting their case against an Oklahoma man charged with sexually abusing children at an orphanage in Kenya.

Matthew Lane Durham, 20, of Edmond, faces 17 counts of sexual misconduct, including aggravated sexual abuse and engaging in illicit sexual conduct in foreign places. He faces up to life in prison if convicted.

Durham has pleaded not guilty. His attorney, Stephen Jones, is scheduled to begin presenting evidence Tuesday and has said Durham will testify in his own defense.

The last prosecution witness, like the first who testified June 10, was a child aged 12 or under whom Durham is accused of molesting between April and June 2014 while he served as a volunteer at the Upendo Children’s Home in Nairobi, Kenya.

A total of five children — four girls and a boy — testified before the jury and court personnel only to shield them from the public and the media. The children, who speak Swahili, testified through an interpreter.

Federal law gives U.S. prosecutors the authority to prosecute an American citizen who travels to a foreign country for the purpose of engaging in illicit sexual conduct with persons under the age of 16.

Durham returned to the U.S. in June 2014 before the allegations against him had been fully investigated by the U.S. Embassy in Nairobi and Kenyan authorities.

After prosecutors rested their case, Jones asked U.S. District Judge David Russell to dismiss many of the counts against Durham, alleging that the government had failed to produce evidence that he intended to engage in illicit sexual conduct prior to his trip to Kenya. Russell denied the motion.

Assistant U.S. Attorney Don Gifford recalled testimony that Durham, a volunteer at the orphanage since 2012, had asked to arrive at Upendo days before other volunteers and to stay at the orphanage instead of at the off-premises housing that is customary for volunteers. The orphanage specializes in neglected children and provides food, housing, clothes, and educational and religious instruction.

“He had a lifelong struggle to touch children,” Gifford said.

Prosecutors also presented statements Durham gave orphanage authorities after he was confronted about allegations of misconduct with some of the children.

“I would take her to the bathroom at night and hold her down and rape her. This happened on several occasions,” one of the handwritten, signed statements said.

Jones has challenged the credibility of those statements and claims Durham confessed to crimes he did not commit because he was under duress. He said orphanage officials had detained and isolated him and had taken away his passport.

Jones has described Durham as “an emotionally vulnerable teenager” who was struggling with “sexual identity and development” while also being a devout Christian.

Russell told jurors he expects the trial to wrap up this week.”

Prosecutors Rest in Kenyan Child Sex Abuse Trial in Oklahoma [ABC news 6/15/15 by Tim Talley/Associated Press]

Update 7:“The mother of a 20-year-old Oklahoma man charged with molesting Kenyan orphans testified Tuesday that her son was frightened when the allegations were leveled against him and that she told him to “say whatever you need to say” in order to return to the United States.

Melissa Durham testified during the federal trial of Matthew Lane Durham of Edmond, who is charged with 17 counts of sexual misconduct, including aggravated sexual abuse and engaging in illicit sexual conduct in foreign places. He has pleaded not guilty and faces up to life in prison if convicted.

Federal prosecutors have shown the 12-member jury several handwritten, signed statements he gave to orphanage officials after he was confronted with the allegations. Prosecutors have described the statements as confessions by Durham.

“I would take her to the bathroom at night and hold her down and rape her. This happened on several occasions,” part of a statement pertaining to the alleged assault of a 12-year-old girl says.

“At night I took him to the bathroom and had him perform oral sex on me,” states part of another.

But Durham’s defense attorney, Stephen Jones, has questioned the credibility of the statements, arguing they were coerced by orphanage officials who kept Durham isolated and seized his passport. Jones also has suggested that orphanage officials used the case to obtain more than $17,000 from the U.S. government to install security cameras at the orphanage.

A total of five children, four girls and a boy, have testified in the case. The children, who speak Swahili, testified through an interpreter after officials cleared the courtroom to shield the children from the public and the media.

Durham had been a volunteer at the Upendo Children’s Home in Nairobi, Kenya, since 2012 and was on his fourth visit to the orphanage when he was accused of molesting children between April and June 2014.

His mother testified Tuesday that her son had asked to arrive at Upendo days before other volunteers.

“He wanted to spend more time there,” Melissa Durham testified. She joined her son at the orphanage on May 25, 2014, and, like him, asked to stay at the orphanage instead of in off-premises housing that is customary for volunteers. The orphanage specializes in neglected children and provides food, housing, clothes, and educational and religious instruction.

“I wanted to spend more time with the kids,” she testified.

She returned to the U.S. about two weeks later. On June 13, 2014, he son telephoned her to say he was coming home early after being accused of molesting children at the orphanage.

Melissa Durham said her son claimed he had not done anything to the children.

“He was upset. He was scared. He didn’t seem like himself,” she testified. She said she believes her son had been crying prior to some of his telephone calls.

She said she urged her son to cooperate with orphanage officials, including Upendo founder Eunice Menja, and to “say whatever you need to say” to leave Kenya and return to the U.S.

“He just needed to say whatever Eunice Menja told him to say,” Melissa Durham said. “That was my only advice.”

Durham returned to the U.S. in June 2014 before the allegations against him had been fully investigated by the U.S. Embassy in Nairobi and Kenyan authorities.

Federal law gives U.S. prosecutors the authority to prosecute an American citizen who travels to a foreign country for the purpose of engaging in illicit sexual conduct with persons under the age of 16.”

Mother of Oklahoma man testifies at child sex abuse trial [KSLA 6/16/15 by Tim Talley/Associated Press]

“Matthew Durham, the Edmond missionary charged with sexually assaulting children from a Kenyan orphanage, testified Wednesday.

Durham is charged with more than a dozen counts of sexual misconduct stemming from trip he took last April through May. Durham repeatedly told the jury throughout his six hours of testimony that he never molested any of the children from the orphanage where he volunteered.

Durham recalled the initial meeting with orphanage officials after first learning of the allegations. According to one volunteer, children had come forward saying Durham pulled them from their beds at night and molested them.

During that meeting, Durham denied abusing the children, saying, “I don’t remember. I wouldn’t do this.”

Durham says he was threatened to confess because they had recorded proof of the assaults and an eyewitness, but that evidence was never shown to him. He also spoke about a possible “inner demon” or “spirit” called Luke.

He believes “Luke” came out at night and whispered in his ear things to do to the children. He told the jury, “What if the demon wanted me to do mission work to be around children?”

Following this meeting, Durham was placed in a room away from the orphanage. He said during that time he began to question his memory. But Durham told the jury he was not allowed to return home from until he confessed.

Durham admitted he’s struggled with the temptation of wanting to touch children and other men. But despite those feelings Durham remains firm that he’s innocent.

Closing arguments will begin Thursday morning and the jury is expected to begin deliberations by the afternoon.”

Matthew Durham Testifies In Day 6 Of Sex Abuse Trial [NEws 9 6/17/15 by Jessica Holley]

“A federal jury is scheduled to begin a second day of deliberations in the trial of an Oklahoma man charged with sexually abusing children at a Kenyan orphanage.

Deliberations are to resume Friday in the trial of 20-year-old Matthew Lane Durham. Durham has pleaded not guilty to 17 counts of sexual misconduct with children, including aggravated sexual abuse and engaging in illicit sexual conduct in foreign places. If convicted, he could face life in prison.

Prosecutors allege Durham targeted orphans while serving as a volunteer at the Upendo Children’s Home in Nairobi, Kenya, between April and June 2014. The orphanage cares for neglected children in the east African nation.

Durham’s jury began deliberating on Thursday but disbanded for the night after five hours of work.”

Deliberations to Resume in Oklahoma Child Sex Abuse Trial [ABC NEWS 6/19/15 by  Associated Press]

Update 8:”A federal jury has reached a verdict in the trial of Matthew Durham. He has been convicted of illicit sexual conduct with children at a Kenyan orphanage.

Prosecutors said 20-year-old Durham of Edmond, Oklahoma, targeted the children while he worked at an orphanage in Kenya. Earlier this week, Durham testified that he never abused any of the children.

Friday afternoon, a federal jury found Durham guilty on seven counts, and not guilty on 10 counts. He’s found guilty on seven counts of engaging in illicit sexual conduct in foreign places, and not guilty on eight counts of aggravated sexual abuse of a child, one count of travel with intent to engage in illicit sexual conduct, and one count of engaging in illicit sexual conduct in foreign places.

The Durham family and his friends left the courthouse without a comment.

Matthew Durham’s attorney Stephen Jones said they were obviously disappointed with the conviction, but now their focus is on the sentencing.

“It was not as good as we wanted too see but could have been worse”, said Jones.

” This is not a verdict to celebrate. The only winner here is justice,” said US Attorney Sandy Coats. “Bottom line is that Mr. Durham is a threat to children, and it will be our position that he should be extricated from society at sentencing for a significant period of time.”

Durham faces 210 years in prison if he gets the maximum penalty for each count. A sentencing will likely take place 90 days from Friday, June 19.

Durham showed no emotion when the verdict was read. ”

Matthew Durham Guilty On 7 Counts In Kenya Child Sex Abuse Trial [News 9 6/19/15 by Jessica Holley]

Update 9:“An attorney for an Oklahoma man convicted of sexually abusing children at a Kenyan orphanage has asked a federal judge to disqualify himself from deciding the man’s motions to overturn his conviction and grant a new trial.

The motion filed Friday on behalf of Matthew Durham, 21, of Edmond, alleges U.S. District Judge David Russell has “a deep-seated bias” in favor of federal prosecutors and against Durham and his attorney, Stephen Jones.

In a response filed on Sunday, prosecutors said Russell has not shown any bias that would require him to step aside and that Jones is merely upset that Russell has ruled against him on some issues.

“This court has made legal rulings, some with which the government disagreed and others with which the defendant disagreed. Such rulings are, perhaps, grounds for an appeal, but not reasons for recusal of the trial judge,” prosecutors’ response says.

A jury found Durham guilty in June of seven counts of engaging in illicit sexual conduct in foreign places. Prosecutors say Durham targeted orphans while volunteering at the Upendo Children’s Home in Nairobi between April and June 2014. Jurors cleared Durham of accusations that he had planned to abuse the children before leaving the United States.

Durham was convicted on charges involving girls ranging from 5 to 15 years old and a 12-year-old boy at the orphanage, where he had served as a volunteer since 2012.

Durham is awaiting sentencing. Convictions for engaging in illicit sexual conduct in foreign places can draw prison terms of up to 30 years and a $250,000 fine, though under federal sentencing guidelines terms of imprisonment are often much less.

In his motion to disqualify the judge, Jones alleges “flagrant prosecutorial misconduct plagued this case” and singles out the conduct of the lead prosecutor at Durham’s trial, Assistant U.S. Attorney Robert Don Gifford II.

In a separate motion filed last month, Jones complained that Gifford did not turn evidence over to Durham before or during the trial that indicated a key medical witness from Kenya presented false testimony at Durham’s trial about physical findings of abuse of the victims. Jones has said the evidence could have helped Durham prepare his defense.”

 

Man convicted in Kenyan orphanage case asks for new US judge
 [WRAL 11/9/15 by Tim Talley, AP]

Update 10:“A federal judge sentenced a former missionary from Oklahoma to 40 years in prison for sexually abusing children at an orphanage in Kenya.

Matthew Durham, 21, was found guilty on seven counts of engaging in illicit sexual conduct in foreign places in June 2015. The allegations involve six girls and a boy at an orphanage where Durham spent time in 2014.

During the trial, prosecutors submitted a taped confession from Durham, who admitted to raping some of the girls and admitted to more sexual abuse in handwritten notes.

Five of the alleged victims testified against Durham in the trial, and the courtroom was sealed during the testimony.

During the case, Durham testified he had a demon inside him named “Luke,” who made him “do horrible things.”

Three months after the trial, a judge acquitted Durham on three of the counts he was convicted of, saying, “the government failed to establish that Defendant engaged in a sexual act with the victim alleged in those counts.”

Durham faced sentencing for the four counts against him on Monday.

A woman who read the victim impact statements said many of the children have nightmares and still live in fear of Durham.

During sentencing, the prosecution called Durham a serial rapist, a molester and a sexual predator without a conscience.

Durham spoke to the courtroom saying, “all I wanted was to follow God’s plan for me.”

He told the court he would “do my best while incarcerated.”

“Judgement of God is central, not the judgement of man. I do not fear God’s judgement,” he said in court.

He ended his statement asking the court for mercy.

The judge said the violent acts Durham committed demand a harsh sentence.

He added that Durham was the children’s “worst nightmare come true.”

The former missionary was sentenced to serve 40 years in prison for four counts of engaging in illicit sexual conduct in foreign places.

“Mr. Durham took advantage of his position as a ministry volunteer to sexually assault multiple children in Kenya,” said Acting U.S. Attorney Mark Yancey.  “The significant sentence imposed today will remove the threat of any other children being exploited by him.   However, the innocence of the child victims cannot be restored and their lives will never be the same.  It is our hope and prayer that his conviction and lengthy sentence will someday bring them some comfort and peace.”

Prosecutors alleged Durham targeted orphans while volunteering at the Upendo Children’s Home in Nairobi between April and June 2014.

The four counts Durham was convicted of involved three girls and a boy ranging in age from 5 to 14.

Durham was also ordered to pay restitution in the amount of $15,863.23 for the cost it took to bring the victims and witnesses to Oklahoma to testify.

Judge sentences Oklahoma man convicted of abusing orphans to 40 years in prison [KFOR 3/7/16 by Dallas Franklin]