BRATTLEBORO — A Vernon man who committed lewd and lascivious conduct on a child was sentenced in Windham District Court on Wednesday to eight to 10 years, all suspended except nine months of prison time to serve.
Kevin O’Neil, 39, inappropriately touched a girl under the age of 10 in a sexual way on several occasions starting when she was 6 years old.
The incidents occurred at the girl’s residence in Brattleboro, where she said O’Neil would put his hands under the blanket and touch her while they were sitting on the couch.
The victim told police that she did not protest because she was “afraid (O’Neil) would yell at her.”
The nine months that O’Neil will spend in prison is sufficient for O’Neil to complete sex offender treatment.
The maximum penalty the court can impose for lewd and lascivious conduct on a minor is 15 years in prison and a $5,000 fine.
In the plea agreement O’Neil signed last week, it states that O’Neil will be on indeterminate probation. He could face up to 10 years of jail time if he cannot abide by the conditions of his probation after his release, said Judge Karen Carroll.
O’Neil’s conditions include that he not come in contact with females under the age of 18 without it first being approved by his probation officer.
He also may not be employed at a workplace that primarily serves children or have a relationship with a woman who has children without his parole officer’s approval.
Despite Deputy State’s Attorney David Gartenstein’s statement that O’Neil will be under strict supervision for many years, the girl’s father said he was disappointed and angry that his daughter’s attacker did not receive a harsher punishment.
“(My daughter) is innocent, and as a parent you try to preserve that as long as possible,” he said.
He added that he felt it important that the court know what kind of girl his daughter is, saying that “socially she is No. 1 at her school,” despite a learning disability.
He said that O’Neil’s punishment did not fit the crime. “Could a crime be more horrible than molesting a 6-year-old girl?” he asked.
Other types of offenders are more likely to get time in jail, the victim’s father said, citing several examples.
“We protect our society from drug dealers with large prison sentences,” he said. “What is wrong with our legal system when a child molester only gets nine months?”
“I can totally understand your frustration when you compare this to the type of cases you described,” replied Carroll. She explained that in cases like this one where the victim is very young, it’s often difficult for a jury to find guilt beyond a reasonable doubt.
The victim is often the only witness, she said, and the child is likely to be too afraid to speak in court.
“In these types of cases, sentences are given out that aren’t always what everyone would like to see,” the judge admitted, adding that the court tries to come to the best possible solution while weighing the options, including putting a child through the trauma of testifying.
O’Neil admitted to the crime, a fact that Gartenstein said led to a lesser sentence.
“When negotiating a plea agreement in a case, particularly a sex offender case, the State puts weight on the fact that the child doesn’t have to testify at trial,” Gartenstein said.
“Sentences in negotiations are often lower than one at trial because the victim is re-traumatized by needing to talk about it at trial,” he added.
The victim’s mother was not able to attend the sentencing hearing because her daughter — the victim in the case — came up ill that morning, said Gartenstein.
He added that the mother is in favor of the plea agreement, that she thanks the court and the state and wished she could have been there.
“She’s thankful her daughter doesn’t have to testify in an open proceeding at trial,” Gartenstein said.
O’Neil declined the opportunity to address the court.
Though he was originally scheduled to begin his prison sentence next month, that was changed and O’Neil began his sentence in Southern State Correctional Facility in Springfield on Wednesday.
Source: Brattleboro Reformer
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