Following the Superior Court’s sentencing yesterday in CF596-17, Chief Prosecutor J. Basil O’Mallan said, “We are disappointed with the Court’s decision to vacate the jury’s findings that the defendant committed felonies. Twelve community members listened to the evidence presented at trial and made the decision that the defendant was guilty of all crimes in the indictment, including the felony charges.”
At trial, the OAG alleged that the defendant used his position of authority to sexually assault a minor between the ages of 14 and 16. The jury agreed and found the defendant guilty of two counts of Second Degree Criminal Sexual Conduct as a First-Degree Felony, two counts of Fourth Degree Criminal Sexual Conduct as a Misdemeanor, and Child Abuse as a Misdemeanor
Chief Prosecutor O’Mallan, who took the case to trial in April, requested a 10-year sentence. However, based on the court’s decision, the defendant will only serve 14 months. The OAG is researching possible options to appeal the decision.
The defendant must register on the Sex Offender registry, regardless of if an appeal is filed, and was ordered to remain on house arrest. At the request of Prosecution, the defendant must also refrain from making disparaging remarks about the victim or her family from the pulpit.