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Andrea Gunning
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Guaranteed Human support for the show comes from Public, the investing platform for those who take it seriously. On Public you can build a multi asset portfolio of stocks, bonds, options, crypto and now generated assets which allow you to turn any idea into an investable index with AI. It all starts with your prompt. From renewable energy companies with high free cash flow to semiconductor suppliers growing revenue over 20% year over year, you can literally type any prompt and put the AI to work. It screens thousands of stocks, builds one of a kind index and lets you back test it against the S&P 500. Then you can invest in a few clicks. Generated assets are like ETFs with infinite possibilities, completely customizable and based on your thesis, not someone else's. Go to public.com podcast and earn an uncapped 1% bonus when you transfer your portfolio. That's public.com podcast paid for by Public Investing Brokerage Services by Open to the Public Investing Inc. Member FINRA and SIPC Advisory Services by Public Advisors llc, SEC Registered Advisor Generated Assets is an interactive analysis tool. Output is for informational purposes only and is not an investment recommendation or advice. Complete disclosure is available at Public
Andrea Gunning
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Martha Stewart
Martha Stewart from the Martha Stewart Podcast. Ever wonder how to make hosting look effortless? Here's a secret. When prepping for cooking and baking, get ahead of the mess with new Reynolds Kitchens countertop prep paper. Just lightly wet the counter so the paper grips. Lay it down and drips and spills stay on the paper, not on your counter. Cleanup is as simple as lifting it away to reveal clean counters. Effortless it is thanks to Reynolds Kitchens countertop prep paper. Wet it, set it, prep it, done. Available in the Reynolds wrap aisle at Walmart, Target, Amazon, and Costco.
Andrea Gunning
On December 18, 2018, Mike Levengood was charged with rape. The prosecutors spent the next year building the case against him. They were going to a jury trial, and the state wanted a conviction. So they ran toxicology, consulted with experts, combed through online chats, and analyzed every moment of the dozens of videos they were able to track down. In the end, they gathered over 30 videos Mike had filmed without Saskia's consent. In many of them, she was completely unconscious and her husband was violating her. Mike was charged with 31 counts of illegal surveillance. And even though prosecutors had video evidence of what Mike did, in the end they were only able to bring four counts of rape. Under Maryland law, it was legal to rape your unconscious spouse, just so long as it was done without force. If he was found guilty of every charge, he could spend the rest of his life in prison. That was Saskia's hope.
Saskia
They wanted him to be in jail, and I felt like testifying against him and holding him accountable would give me back some of my power.
Andrea Gunning
But if the jury questioned Saskia's story, Mike could walk free. For Ashley Enderfirth, the lead prosecutor on the case, it was nerve wracking.
Ashley Enderfirth
This isn't a scenario where it's a 5050 and we got to get it to 51%. The jury has to believe it beyond a reasonable doubt.
Andrea Gunning
In the final lead up to the trial, Ashley had to pass the case off to another colleague.
Ashley Enderfirth
I had to go out on maternity leave.
Andrea Gunning
She was pregnant with twins and they came early in the months after they were born. She practically lived in the nicu, and
Ashley Enderfirth
I was sort of, you know, really not thinking about work. But this case was an exception.
Andrea Gunning
The day before Mike's trial was set to begin. Ashley was in the hospital. She was at her baby's bedside when her phone rang. It was Rebecca McVittie, the prosecutor who took over Saskia's case. Ashley answered right away.
Ashley Enderfirth
She knew how much I cared about it, and she called me to make sure I was okay with what she was going to do.
Andrea Gunning
I'm Andrea Gunning, and this is betrayal. Season 5 Episode 5 Tornado. Saskia had just started working again after taking a year off to manage her trauma. That morning, she was sitting in a conference room talking with her fellow social workers, but the only thing on her mind was tomorrow's trial. She was expecting a call from the prosecutor to let her know what time to be there the next day. Instead, she got a message saying there was news.
Saskia
I said I had to excuse myself, and I went into the psychiatrist's office because it was a bigger room. And I went and sat on the chair and was kind of shaking and just waiting to hear what happened, how we were proceeding.
Andrea Gunning
The minutes crept by. Then, after what felt like an eternity,
Saskia
I got the call saying that he made this plea deal, and they wanted to accept it.
Andrea Gunning
Mike was pleading guilty. He would serve time and be on the sex offender registry for life, but
Saskia
he only had to plead guilty for one count of rape. And it kind of felt like it discounted all of the times, all of the deceit, all of the manipulation. It was like it came down to one incident.
Andrea Gunning
For a year, Saskia had been preparing to take the stand, to make Mike answer for what he'd done to her in video after video. Now she learned there would be only one charge and there would be no trial.
Saskia
I felt that my chance to speak my truth was gone, and my emotions, all the lead up to that just kind of drained out of me in tears.
Andrea Gunning
The decision to go to trial wasn't hers to make because the prosecutors don't represent Saskia like attorneys would in a civil case. They represent the state of Maryland and its citizens as a whole, and they had to be realistic with the instructions given to the jury. Would they convict? Remember, the law wasn't on Saskia's side. Force was required to prosecute spouses for
Debbie Feinstein
rape, but the force was minimal because she was completely incapacitated.
Andrea Gunning
That's Debbie Feinstein, head of the special victims division at the state's attorney's office in Montgomery County. She supervised the case.
Debbie Feinstein
We could see on the videos that he had moved parts of her body, and we plan to argue that was force. Would we have been successful? I don't know because that's not conventionally what someone thinks of when they think of force.
Andrea Gunning
The burden of proof was incredibly high. Any doubt as to whether Mike's actions constituted forcible rape could throw the whole case out the window. He could walk free. The state's attorneys also had to think about Saskia. They were aware of Saskia's alcohol use, her dependence on prescription medications, her mental health history, and her dad's mental health history. These were all things that a defense attorney would use to turn a jury against her. Here's Ashley, the original prosecutor.
Ashley Enderfirth
They're going to be throwing out these things about this person to try to undermine their credibility, and that is a really hard thing for victims to deal with, and it makes it harder for us to prove our case beyond a reasonable doubt.
Andrea Gunning
Everyone at the state's attorney's office believed Saskia. They'd seen the evidence this woman had been raped. But their belief in Saskia and their certainty that this was a crime wasn't enough to ensure a conviction.
Debbie Feinstein
As Debbie told us, unfortunately, mental health still has stigma around it that can impact a juror. It shouldn't, but it does.
Andrea Gunning
With all of this in mind, when Mike said he was ready to take a plea, the prosecutors said yes. With a plea deal, they'd avoid the risk of a jury acquitting Mike. They get a guaranteed guilty. When Ashley, the original prosecutor, got the
Ashley Enderfirth
news, I was really glad to hear it. Given all of the complexities with this case, I thought that him pleading guilty was the very best thing that could happen. I told my colleague that I was very pleased with what she had been able to work out.
Andrea Gunning
So the decision was made. There would be no trial, but Saskia would still get her day in court. Because after Mike took the plea, he had a sentencing hearing. At this hearing, Judge Jill Cummins would determine exactly how long Mike would spend behind bars. Saskia walked down the center aisle into the courtroom with her sister, brothers and friends by her side.
Saskia
We were just all so excited for at least this piece of this terrible process to be behind me and behind us and for him to at least be taken away in shackles for doing what he did.
Andrea Gunning
The courtroom was emptier than she'd imagined it. It was just a handful of spectators, some attorneys, some clerks, and the judge. Sitting at the front of the room, where the jury would have been, were 12 vacant chairs. Saskia, her friends and family took their seats in the gallery.
Saskia
We're just pretty dead silent, waiting for the case to be called and waiting for Mike to be brought in and
Andrea Gunning
then the doors opened. In walked Mike. Saskia's friend Bridget recalls seeing him that day. He was wearing a suit and brand new white sneakers. At a glance, he was put together, but the outfit didn't fool her.
Bridget
He looked gaunt and he had lost a lot of weight from stress, and that's only because he knew he got caught. You would think that you would put your head down or just have some level of remorse or shame, and he didn't. He looked straight at me and then looked straight ahead. It gave me chills.
Andrea Gunning
Mike took his seat next to his two attorneys. The sentencing hearing was ready to begin. What we're about to play for you are real excerpts from that day.
Mike Levengood's Attorney
Falcon Base 135063 stand down just Michael
Judge Jill Cummins
Paul Levengood Good morning. All.
Saskia
Right, Foreign.
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For the show comes from Public, the investing platform for those who take it seriously. On Public, you can build a multi asset portfolio of stocks, bonds, options, crypto and now generated assets which allow you to turn any idea into an investable index with AI. It all starts with your prompt. From renewable energy companies with high free cash flow to semiconductor suppliers growing revenue over 20% year over year, you can literally type any prompt and put the AI to work. It screens thousands of stocks, builds a one of a kind index and lets you back test it against the S&P 500. Then you can invest in a few clicks. Generated assets are like ETFs with infinite possibilities, completely customizable and based on your thesis, not someone else's. Go to public.com podcast and earn an uncapped 1% bonus when you transfer your portfolio. That's public.com podcast paid for by Public Investing Brokerage Services by Open to the Public Investing Inc. Member FINRA and SIPC Advisory Services by Public Advisors, llc. SEC Registered Advisor. Generated Assets is an interactive analysis tool. Output is for informational purposes only and is not an investment recommendation or advice. Complete Disclosures available at public.comdisclosures the following
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Andrea Gunning
The hearing began with a statement by one Of Mike's defense attorneys. He was determined to get the minimum possible penalty for his client. And he pulled out every stop to make that happen.
Mike Levengood's Attorney (Character Witness)
Every saint has a past and every sinner has a future. And Mike, the great parts of him, will continue and dominate for the rest of his life. In this particular case, regarding the conduct here, Mr. Levengood understands that it is unacceptable. And I'm very confident as I stand here today that he has internalized that.
Andrea Gunning
The attorney had witnesses prepared to testify to Mike's strong character. And he had letters from Mike's family, friends, and co workers all saying the same thing. Mike was a good man.
Mike Levengood's Attorney (Character Witness)
He has been kind to others. He has been empathetic to others. He has been non self centered. He has been a giving person and an excellent dad and an excellent employee and friend to dozens throughout his life.
Andrea Gunning
On top of that, Mike had been given a psych evaluation. It's commonly done in criminal cases to help inform sentencing decisions. Mike's evaluators said he was a low risk to society. He wasn't a danger to other women. As Mike's attorney argued, this crime was a misstep in an otherwise perfect life.
Mike Levengood's Attorney (Character Witness)
When you get in the mix of the tornado and whirlwind of pornography addiction or pornography fixation, however you want to characterize it, it kind of twirls you out of control at certain moments. And again, there's nothing that takes away in anything that I'm saying from his own responsibility and his own agency and his own free will. But I do think that this was part of this kind of hailstorm or tornado is the best thing I could think of. Him being twirled into these, we would say, unacceptable criminal series of conduct.
Andrea Gunning
Mike's other attorney also made remarks, and of course, he brought up the marital exemption.
Mike Levengood's Attorney
Much of the most offensive behavior in this case was actually is legal under the law, right. Which has no bearing on whether or not it's moral, appropriate, desired, or right. But as it was, this case was difficult because incapacitation is not a grounds of sexual assault with your spouse in Maryland. And the hours of footage that were presented by the state were largely of
Andrea Gunning
somebody incapacitated and then he snuck in another argument.
Mike Levengood's Attorney
There were also hours and hours of footage of mutual, completely different conduct that was sexual in nature and was pornographic. It was completely, completely within their marriage and completely within the two of them and purely for their own private enjoyment.
Andrea Gunning
I want to underscore what's happening here. Mike was pleading guilty. According to his lawyers. He took full responsibility for what he did to Saskia. He was sorry. But in the same breath, Mike's defense team was trying to discredit Saskia. They were trying to convince the judge that Saskia did consent in hopes of getting Mike less time. This was all one big misunderstanding. You'll hear the judge's take on that later in the episode. But for now, back to Mike's attorney.
Mike Levengood's Attorney
Mr. Levengood was in a committed marriage. He did not ever cheat on her, did not in any way stray from loving her. His commitment to her was real, and the things that he shared with her were real. However perverse and wrong and misguided and based on so many codependent and bad things, they were real. He has accepted responsibility for this position and he will accept the punishment and he will go to jail today. Someone who's never been in jail, who was successful, who was, while this was going on, making $200,000, $250,000 a year and living a life for him that was in many ways perfect, that was, on paper, everything that you would want. His life will be ruined by this. He will be a lifetime registrant on the sex offender registry. He will be instantly judged by anyone who meets him. He will be restricted on where he can live and so many other things. And he has gotten a lot of perspective himself from what is important, from this whole thing. Losing everything can help you see the material matters that really matter to being happy and being safe and secure.
Andrea Gunning
With that, he asked the judge to give Mike the lowest possible sentence. And then it was the state's turn. The prosecutor, Rebecca McVittie, stood up before the judge.
Rebecca McVittie
This is a familiar situation for the court in the sense that we have a defendant that during the light of day, in all regards, is looked at as a contributing member of society, somebody who is lovable and likable. And that is exactly the aspect of the defendant's personality that allowed Ms. Inwood to fall for him, to love him, and to trust him. But these types of crimes, as the court seen over and over again, are not committed in the light of the day. They are committed in darkness after that trust has been established. That is the reason that this betrayal is so intense. For Ms. Inwood, as defense counsel mentioned, this resolution is a compromise. Under the current state of Maryland law, if the state was not precluded from going forward on rape charges under the incapacitation theory, the state would be looking at hours and hours of more footage, countless more counts of second degree rape, as the defendant himself admits repeatedly engaging in sexual acts, while Ms. Inwood was completely unconscious. Defense counsel referenced that this is a tornado of pornography addiction. But a tornado comes and goes in moments from Oct. 28, 2017, until Oct. 25, 2018. About a year, the defendant, that we know of videotaped Ms. Inwood while she was unconscious or inebriated over 30 times. That is not a tornado. That is a year of perpetuating this continual betrayal of trust over and over again with the person he was supposed to protect the most.
Andrea Gunning
Rebecca then described the contents of one of the videos Mike took. Because the charges on paper could never capture what was in those videos, it feels important to Saskia and to us for people to know the extent of Mike's crimes. But if you'd like to skip hearing these details, you can fast forward one minute.
Rebecca McVittie
In one of the videos that the state provided to the court, Ms. Inwood is asleep, unconscious, however you'd like to say it. About 14 minutes into her being unconscious, she pushes the defendant away, and it looks like she mounts. The words stop. After that happens, the defendant continues to perform sexual acts with her, including digital penetration of her vagina, inserting sex toys in her vagina. And at the end, you see that he just leaves the camera on while she's unconscious in that bed. There is no doubt that over the course of the year, the defendant waited until she was unconscious to get online and chat and exchange pornographic videos for tokens or coins or payment of some sort. He perpetrated every woman's fear by taking away her voice, her choice in the matter. And he left her powerless to protect herself.
Andrea Gunning
Finally, Rebecca brought up the psych evaluation, the one given to Mike, where the psychologist concluded that he was a low risk to society. She said there was one thing missing from that assessment.
Rebecca McVittie
Dr. Deem, in his sex offender evaluation was actually never given a copy of these videos. He was given descriptions by the defense as to what these videos entail. It is a dramatic difference from reading the words on the statement of charges to watching that betrayal, that abuse, and the disturbing act that the defendant chose to record.
Andrea Gunning
And with that, the prosecutor concluded her argument. She asked the judge for the maximum possible sentence under the plea agreement. For Saskia. The speech was validating.
Saskia
It was like, yes, we've had to go through this painful process, but we didn't doubt that he was guilty.
Andrea Gunning
The prosecutor sat back at her desk. But before Judge Cummins could make her sentencing decision, there were still two people left to hear from.
Rebecca McVittie
Her sister would like to speak, and then Ms. Inwood would like to be heard from absolutely.
Andrea Gunning
Saskia and her sister Marisa had prepared victim impact statements. It would be Saskia's one chance to address Mike on the record. And it would be her only opportunity to show the judge who Mike Levengood really was. Marisa stood up and addressed the court.
Marisa
Michael Levengood, you have no shame. You sit here and you deny your wrongdoing in the face of irrefutable evidence that you're a rapist. We, her family and friends, we know what you did. We see the truth clearly. I know when it all started, even before the date was shared today, because she was deteriorating mentally and physically right before our eyes, and we had no explanation as to why. I went with her, with you sometimes to multiple doctors and hospitals, trying to find out what was wrong with her. No one could answer how she could get well. I recall vividly one night shortly after our mother died. Wichottle shared that that date was September 30, 2017, right before the videos began, when, despite drinking no more than anyone else, she was suddenly and surprisingly so incapacitated that she could not walk. Everyone was so concerned what had happened. She was fine one minute and then not the next. We thought about taking her to the hospital, but he was so calm, always in charge, always in control, less concerned than others, and reassured me personally that she would be fine, that he was there to take care of her. And now I have to wonder, based on that date, did you drug her that night? Or did you just encourage her to drink? Did you set up your cameras and fondle and manipulate her body while she was not aware and could not physically resist you? I know on my bones that you did. What upsets me most is your cockiness in those videos. How cool you felt, how powerful to be able to do this without anyone knowing, to be able to pull it off time after time and then put on your good husband mask during the day and reap the rewards of a beautiful home and a loving wife? Your Honor, even now I feel my words are probably lost on him. He has only been concerned about himself and his consequences and his future life. Don't let him displace blame onto his victim. Don't let other husbands or wives think they can do whatever they want to their spouses. Ensure that all people know having sex with an unconscious person is called rape, even when you're married to them. Thank you.
Judge Jill Cummins
Thank you, ma'.
Marisa
Am.
Andrea Gunning
Then, after Marisa, it was finally Saskia's turn. With her paper shaking in her hand, she walked up to a table between the prosecution and the defense. Her body was Angled towards the judge, but really she wanted to deliver the speech to Mike.
Saskia
I knew not to expect any empathy or remorse. And I think that drove me even more. The only thing that I can get is for him to have to sit with what he did to me. Let me start by saying there's not
enough jail time for you.
Andrea Gunning
That will make me feel safe or
Saskia
give me back what I had before you victimized me. You deserve the maximum possible sentence. You pretended to be a loving husband, and yet you were my attacker. I posted pictures and videos of your crimes against my body on the Internet for people to watch. I suffered embarrassment and shame that I don't deserve, I never deserved. Makes me sick to my stomach to think about the hours and hours those images being watched by strangers. Maybe the worst part was when I woke up to catch you filming me and then to finally see evil in your eyes. And that's exactly what I saw.
Marisa
No remorse, no caring.
Andrea Gunning
No sympathy.
Saskia
A cold and empty man. And at that point, I knew that no amount of money and personal discomfort would stop me from pursuing justice. So you were not able to prey on other vulnerable women. You pretended to support me through my ups and downs, never once letting on that you were using me. I had no idea that the cause of my misery was lying in the bed next to me. You deserve to go to jail with the people who are real dangerous to society. You're a dangerous person who preys on vulnerable and trusting people.
You're a sexual predator, Michael Levengood.
You took away my ability to feel safe and to trust anybody wholeheartedly. You took away from me my happiness. And I'll never be the same because of you.
Judge Jill Cummins
Thank you, Ms. Lynwood.
Andrea Gunning
After Saskia, Mike was offered the last word. This would have been the moment to take accountability or to apologize. He chose to say nothing. At last, it came time for Judge Jill Cummins to deliver Mike's sentence.
Judge Jill Cummins
I was very familiar with the statement of charges, knew what you were accused of. I was very familiar with the facts of the case. But intellectually, knowing the facts of the case is very different from watching those videos is.
Public Investing Advertisement Voice
Support for the show comes from public, the investing platform for those who take it seriously. On public, you can build a multi asset portfolio of stocks, bonds, options, crypto and now generated assets which allow you to turn any idea into an investable index. With AI, it all starts with your prompt. From renewable energy companies with high free cash flow to semiconductor suppliers growing revenue over 20% year over year, you can literally type any prompt and put the AI to work. It screens thousands of stocks, builds a one of a kind index and lets you back test it against the S&P 500. Then you can invest in a few clicks. Generated assets are like ETFs with infinite possibilities, completely customizable and based on your thesis, not someone else's. Go to public.com podcast and earn an uncapped 1% bonus when you transfer your portfolio. That's public.com podcast paid for by Public Investing Brokerage Services by Open to the Public Investing Inc. Member FINRA and SIPC Advisory Services by Public Advisors, llc. SEC Registered Advisor Generated Assets is an interactive analysis tool. Output is for informational purposes only and is not an investment recommendation or advice. Complete disclosures available at public.com disclosures protect
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Martha Stewart
Martha Stewart from the Martha Stewart Podcast. Ever wonder how to make hosting look effortless? Here's a secret when prepping for cooking and baking, get ahead of the mess with new Reynolds Kitchen's Countertop prep paper. Just lightly wet the counter so the paper grips, lay it down and drips and spills. Stay on the paper, not on your counter. Cleanup is as simple as lifting it away to reveal clean counters. Effortless it is, thanks to Reynolds Kitchens Countertop Prep Paper. Wet it, set it, prep it, done. Available in the Reynolds Wrap aisle at Walmart, Target, Amazon and Costco.
Marukan Advertisement Voice
And now another mouthwatering recipe from Maracan, the world's finest rice vinegar. How about a Morakan hot chicken sandwich with tangy slaw and pickled cucumbers? It's bold, crispy and spicy with chili, garlic and bright, tangy notes. The secret? Marukan Genuine Brewed Rice Vinegar. It adds a zesty kick that elevates sauces, marinades and homemade condiments. Craving sweet and savory, try Maracan Seasoned Gourmet Rice Vinegar, a flavor bomb delivering perfectly balanced taste. Great for spring vegetables, fresh slaws and grilled proteins. Morakan has crafted premium rice vinegar in Japan since 1649 and brewed in the US for over 50 years. Next time you're at the market, pick up a bottle of Morakan Genuine brewed with a green label, or season Gourmet with the orange label. Then check out ricevinegar.com for more delicious recipes, because the food you love is better with maracan, the world's finest rice vinegar.
Andrea Gunning
Judge Jill Cummins had been prepared for a full criminal trial. She'd presided over the case for months, hearing all kinds of motions and pretrial arguments. At this point, she knew the case well. Much of the time at sentencing hearings, judges give brief explanations of their decision. Some judges give no speech at all. Judge Jill Cummins was no such judge.
Judge Jill Cummins
Mr. Levengood, what I will tell you is I've read every letter that everyone has submitted on your behalf. Your letters from your daughters, your co workers, your friends, your ex wife. And everyone has the same impression of you as a fine, upstanding person. But interestingly, with the exception, I'd say, of your ex wife, your friends, your co workers. They don't know what happens behind bedroom doors and what people do in the privacy of their own homes. As you know, I've lived with this case for almost the last year now. And what I will say is I was very familiar with the statement of charges, knew what you were accused of, had read it several times every time you had appeared before me for pretrial status. A motion to everything. I'm very familiar with the facts of the case. But intellectually, knowing the facts of the case is very different from watching those videos. Not easy to watch those videos at all.
Andrea Gunning
The judge had only just seen those videos in preparation for the sentencing. They shifted her entire understanding of the case.
Judge Jill Cummins
It was clear to me that force was exercised in those videos. It was clear to me that Ms. Inwood was comatose. Not asleep, but comatose, unconscious, absolutely. It was clear to me that you were enjoying yourself, that you weren't just taping this on the laptop. It looked like you had to have on some. I couldn't describe anything other as like a GoPro video thing. Taping. As you were maneuvering yourself and her, you added some extra cameras there for camera angles. So reading the statement of chart and knowing the statement of charges was one thing. Watching those videos was something completely, completely different. What was clear to me was that was not consensual behavior. It was disturbing. And the life that you have led, I do not diminish that. Your education, your success that you had in the. In the business arena. But you have victimized Ms. Inwood. The damage done to her is probably irreparable, knowing that those videos were out there for the world to see.
Andrea Gunning
Then the judge addressed the psych evaluation.
Judge Jill Cummins
After watching those videos, the very first question in my mind was, did Dr. Deem watch those videos when he rendered his evaluation? And Ms. McVittie answered that question for me this morning, and it was, no, he didn't watch those videos. So I Now definitely take Dr. Deem's evaluation with a grain of salt, knowing that he didn't see the videos to understand the conduct that makes up these charges. And I did have some concern when I read the evaluation that there did seem to be some lack of acceptance or responsibility on your part for the crime that you pled guilty to. And as I read this evaluation, I didn't take this as you were saying that I was wrong. I shouldn't have done this. It was. We started down this path, and she told me that when she passed out, I could do whatever I wanted to her. That's not someone who's saying, I know what I did was wrong. That's someone saying, well, she said I could do whatever I want to her when she was comatose after watching those videos. I don't believe that that's what she said. So I'm in the position of finding that you were not truly accepting of your guilt or responsibility in this case. Mr. Levengood, you are a predator to Ms. Inwood. Mr. Levengood, you have received the benefit of a plea agreement. Your guidelines are four to nine years.
Andrea Gunning
She's referring to the sentencing guidelines for second degree rape. If the case had gone to trial, these are the instructions the judge would have used to ensure fair sentencing.
Judge Jill Cummins
Your attorneys in the state have negotiated a very good range for you based upon those guidelines. So as to count one, second degree rape, I'm going to sentence you to 15 years. Suspend all but 18 months.
Andrea Gunning
Suspend all but 18 months. The judge believed Mike's crimes warranted a 15 year sentence. But his defense team had struck a deal with the state. As part of the plea agreement, they decided on a maximum amount of time Mike would spend behind bars. 18 months. 18 months is a magic number in Montgomery County. It meant that Mike would go to county jail instead of state prison. Saskia first heard that number on her call with Rebecca, the prosecutor. It was the same call where she learned there would be no trial. When she heard that Mike would only serve a maximum of 18 months, she was devastated.
Saskia
I can't tell you how wrong that felt.
Andrea Gunning
Her sister Marisa tried to help her see the positives of the plea.
Marisa
We try to focus on the guilty plea. You know, he's a sex offender for life. These are big deals. But it didn't feel equivalent to like what he'd taken from her. He deserved more time, and it was a slap in the face that he didn't get more time.
Andrea Gunning
The prosecutors knew Saskia wanted Mike in prison for life. But victims perspectives are only one element that they weigh in. Making plea agreements,
Debbie Feinstein
we're constantly balancing. How are we going to hold the offender accountable for what they did? How are we going to try to help the victim get some closure on the criminal case and then public safety? What are we doing in terms of protecting the public from this offender?
Andrea Gunning
To the prosecutors, 18 months plus a guarantee that Mike would be on the sex offender registry for life was a win. On that day in court, when the judge handed down the sentence, Marisa was moved.
Marisa
Oh, God, that was just an amazing. That was amazing. I feel like the judge just saw, you know, the judge saw everything. Even though we knew he was going to get 18 months, we knew that was going to be the outcome. We knew we were going to have a chance to speak and to tell him, you did this, and we know you did this. I didn't realize that there was going to be that huge validation.
Andrea Gunning
Here's Saskia.
Saskia
I remember the attorneys and him whispering something to each other. And he got up and the bailiff went to meet him.
Andrea Gunning
Mike was handcuffed and let out the
Saskia
front doors, and my friend Bridget tried to snap a photo.
Andrea Gunning
Before Mike could get away, Saskia's friend Bridget pulled out her phone.
Bridget
I just wanted to record him getting handcuffed and walking off so that I could show Saskia he is where he needs to be. And I wanted her to be able to see that so that she could have that replay in her head and not have all these terrible memories replay in her head. I had pulled my phone up and I thought I was being inconspicuous, but he looked over at me and was
Andrea Gunning
like, your honor, you're not supposed to take photos or videos in the courtroom. Saskia's other friend, Colleen, remembers Mike's reaction well. He looked around frantically for the judge to help him.
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His dismay at everyone watching him and
Andrea Gunning
recording him in the violation that he
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expressed was very ironic.
Andrea Gunning
Saskia wishes this moment of seeing her perpetrator taken to jail would have fixed everything.
Saskia
I thought it would heal a part of me. I thought it would heal me feeling like a helpless victim.
Andrea Gunning
She thought she'd be relieved.
Saskia
Instead, I just had anger and hatred. I had sadness and loss for the person that I thought he was, but that person died.
Andrea Gunning
Saskia had a lot of healing to do, but that healing had to happen beyond the courtroom. For perpetrators, jail or prison can be a final destination. But for victims, that jail sentence is just the beginning. It's something Ashley the prosecutor, often tells victims.
Ashley Enderfirth
The result of the criminal case can't be the be all and end all. Even if we win and get every single count. Somebody that you loved and cared about and married is going to prison for a long time. That's hard, too. Or there's an acquittal. You internalize that. A jury didn't believe you. So the criminal justice system can be a part of your healing, but it can't be all of it because it's not going to do it.
Andrea Gunning
Finally, Mike was in jail, but having him behind bars didn't mean he was out of Saskia's life.
Saskia
He was smart enough to know that this was gonna now be a family law case.
Andrea Gunning
The criminal matter was finalized, but the legal battle wasn't over, not by a long shot. On the next episode of Betrayal, she was very depressed.
Mike Levengood's Attorney
There was drug use on her part, more than mine. When she starts drinking, she doesn't stop.
Saskia
I felt like I was in the Twilight Zone. The fact that the judges were even listening to these things was blowing my mind.
Andrea Gunning
For resources on sexual violence, visit rainnn.org betrayal that's R A I N.org betrayal. You can also get free confidential 24. 7 support through RAINN's National Sexual Assault Hotline. Just text HOPE to 64673 or call 1-800-656, hope you are not alone. If you would like to reach out to the Betrayal team or want to tell us your story, email us@betrayalpodmail.com that is betrayalpodmail.com or follow us on Instagram etreyalpod to access additional content and to connect with the Betrayal community. Join our substack@betrayal.substack.com we're grateful for your support. One way to show support is by subscribing to our show on Apple Podcasts. Don't forget to rate and review Betrayal. Five star reviews go a long way. A big thank you to all of our listeners. Betrayal is a production of Glass Podcasts, a division of Glass Entertainment Group in partnership with Iheart Podcasts. The show is executive produced by Nancy Glass and Jennifer Faison, hosted and produced by me, Andrea Gunning, written and produced by Kaitlyn Golden. Our supervising producer is Carrie Hartman. Our story editor is Monique Laborde. Also produced by Ben Fetterman. Associate producers are Olivia Hewitt and Leah Jablo. Production management by Kristen Melchiori Additional support by Curry Richman. Our iHeart team is Ali Perry and Jessica Krynczyk. Audio editing by Tanner Robbins with additional editing and mixing by Matt d'. Alvecchio. Special thanks to Saskia, her friends and family and special thanks to Will Pearson and Carrie Lieberman. The Trail's Theme is composed by Oliver Baines Music library provided by My Music and for more podcasts from iHeart, visit the iHeartRadio app, Apple Podcasts or wherever you get your podcasts.
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Andrea Gunning
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In this intense and emotional episode of Betrayal Weekly, host Andrea Gunning delves into the legal journey of Saskia, the survivor of sexual assault and intimate partner betrayal at the hands of her husband, Mike Levengood. The episode chronicles the prosecution’s battle to bring Mike to justice, the painful limitations imposed by Maryland law, and the courtroom showdown where Saskia finds her voice. Through first-hand accounts and courtroom audio, the episode uncovers the complexities and emotional toll of fighting for justice, exposing cracks in the legal system and exploring the enduring aftermath of betrayal.
Timestamp: 03:28 – 08:12
Timestamp: 06:58 – 08:23
Timestamp: 18:01 – 47:19
Timestamp: 18:01 – 22:37
Timestamp: 22:48 – 27:05
Timestamp: 27:37 – 32:41
Timestamp: 37:02 – 42:19
Timestamp: 43:24 – 47:33
| Segment | Timestamp | |-----------------------------------------------|-------------------| | Prosecution’s Case & Legal Barriers | 03:28 – 08:12 | | Plea Deal Offered & Survivor’s Reaction | 06:58 – 08:23 | | Arguments at Sentencing & “Tornado” Metaphor | 18:01 – 22:37 | | Prosecutor's Rebuttal and Details of Abuse | 22:48 – 27:05 | | Victim Impact Statements (Marisa, Saskia) | 27:37 – 32:41 | | Judge's Remarks and Sentencing | 37:02 – 42:19 | | Reflections and Aftermath | 43:24 – End |
“Tornado” is a harrowing, meticulously crafted episode that immerses listeners in the realities of prosecuting intimate partner sexual assault, the limitations survivors face, and the layered aftermath of legal ‘victory’. Through conversations with Saskia, her family, attorneys, and Judge Jill Cummins, Betrayal Weekly exposes not only the personal devastation wrought by Mike’s crimes, but also the flaws and gaps in a justice system ill-equipped to address sexual violence within marriage.
Listeners learn not just of the legal mechanics, but of the anger, sadness, and resilience of survivors and their advocates—a call to awareness, reform, and empathy.
For support regarding sexual violence, visit rainnn.org/betrayal or contact RAINN’s National Sexual Assault Hotline.