“Frank also threatened to kill himself. He has said to me on several occasions, ‘Till death do us part and it is the only way that we will [part].’ I do not know if Frank means that he is going to kill me or himself.
“I am afraid that Frank will rape me again. I am also afraid that Frank will hurt or kill me. The terms of our divorce state that I am to get possession of the house and that Frank must leave. Frank has refused to do so. He has stated that he has no intention of leaving the house alive and that it would take a bomb to get him out.”
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Through his lawyer, Frank denied raping Ginger. He said that on March 15 she moved out of their Lakeside home, renting an apartment in Tierrasanta. She said, Frank wrote, that “she was leaving so that she could move on with her life and ‘get over’ me.” And, he noted, she was coming back periodically to the house for personal items or to see her daughter Carolina and her family. Then, the situation reversed.
According to a court document, Ginger was awarded the house around the first of April in exchange for a cash payment to Frank. She moved back in, and Frank was ordered to leave. Frank again complained that he needed his tools; he refused to sign the quitclaim deed or take money from Ginger. Frank was mad because, as he said, the day she asked the court “for a kick-out order,” she was not living in the house. He was. He was also irked that the work he was doing for Ginger through Re/Max Associates had stopped, so he was out of a job as well.
On April 15, Ginger was trying to fix her computer at home when Frank showed up. She wrote in another statement that “Frank grabbed me and said, ‘Let’s go to the bedroom.’ I struggled to get away and hit the panic alarm on my car’s remote. Frank held on to me and started to drag me to the bedroom. I pulled away and tried to go to the living room. I continued to struggle to try and get away.
“Frank’s behavior was scaring me and I was afraid that he was going to beat me or kill me. Frank started yelling at me and said, ‘Take off your clothes.’ I refused and Frank forcibly took off my clothes. Frank then pushed me off the couch onto the floor. Frank took off his clothes and forced me to give him oral sex. I tried to turn my head and get away from him. Frank then began to rape me. While he was raping me, Frank said, ‘You probably want this to be over quick, but I am going to make it last.’… He also said, ‘I love you, Ginger. I would never hurt you.’ I cried the entire time.
“After Frank finished he began to put my clothes back on. He put my socks on my feet and then tried to put my pants on. He stopped, told me to wait, then went into the bathroom and grabbed a paper towel and tried to wipe me clean. After he was done, Frank dressed me and then began to comb my hair with his fingers.
“I was confused, upset and in shock, so I went out to the garage. Frank followed me to the garage. I stood by the garage door for a while because I was shaking badly and in shock. While I was standing there Frank’s daughter [Erica] came home. After she went into the house Frank threatened to kill himself. He walked over to an electrical socket in the garage and said, ‘Come here. Do you want to see how easy it would be for me to kill myself?’ I refused and left the house.
“I got in my car and tried to call a friend who is a former deputy sheriff but I was unable to get a hold of him, so I called 911. The police met me and escorted me to a SART [sexual assault response team] examin[ation], where I met with a detective. The detective issued me an emergency protective order.”
The court served a restraining order on Frank. It stipulated that he had to stay 100 yards away from Ginger, whether at her home, her job, or in her vehicle, for the next six months. He must not “harass, attack, strike, threaten, assault (sexually or otherwise), hit, follow, stalk, molest, destroy personal property, disturb the peace, keep under surveillance, or block movements.” He was forbidden to have any direct or indirect contact with her via phone, mail, or email. And he could not contact any of Ginger’s “family members, caretakers, or guardians” to get information about her. Frank “must go to and pay for a 52-week batterer intervention program and show written proof of completion to the court.”
Rusty Wolbers, retired from the trucking business and living in Reno, Nevada, had heard from Ginger about the alleged rape. He learned that Frank had attempted to clean up the marks of his assault, dressing her to “appear as if it were consensual sex.” Wolbers said that his daughter told him, “Dad, he would have killed me.”
Frank’s lawyer, James Albert, disputed one element of the restraining order. He said that Frank was “losing money” because, as his “application to rescind the move-out order” states, “I cannot get all the equipment and supplies” from the Lakeside home “necessary to perform my job for my clients.” His lawyer further argued that Ginger should “stay away from the residence until such time as the restraining order action is resolved.”
Ginger did not move out. She did agree that Frank could retrieve “personal items with law enforcement or with a mutually agreed-upon third party or may send third party to retrieve them.” She wanted it done “in one pick-up.” She also admitted to the court that “I let the respondent [Frank] live with me” during the six-month dissolution. He “will have to find another place to live. It is my home. I do not have another place to go.”