Saturday, March 1, 2008

Kevin D. Skaggs - 25 year prison sentence for rape of 11 year old girl

"25% of sex offenders re-offend within 15 years"
.....says Sarah Tofte

A Leavenworth man has been sentenced to more than 25 years in prison for sexually molesting an 11-year-old girl.

Kevin D. Skaggs, 29, said he had been advised against making a statement during Friday’s sentencing hearing, but a number of his friends and family members asked the judge for leniency.

Judge Frederick Stewart also heard from the mother of the victim before he issued the sentence.

Skaggs was convicted in June in Leavenworth County District Court on three counts of rape involving sex with a child under 14, one count of aggravated criminal sodomy, two counts of sexual exploitation of a child and one count of promoting obscenity to minors.

He was acquitted of a second aggravated criminal sodomy charge.

The charges stemmed from the sexual abuse of an 11-year-old girl in late 2004 and 2005 in Leavenworth.

The victim was the daughter of a friend of Skaggs. The girl and her sister were sometimes left in his care.

Skaggs showed the victim child pornography in order to groom her for a sexual relationship, according to the prosecution.

“He doesn’t deserve a place in this world,” the victim said in a statement read in court by her mother.

In her statement, the victim said she lost trust for everyone after the abuse.

She said Skaggs should be in hell and doesn’t even deserve a burial.

The victim’s mother also provided her own statement.

A number of people were in the courtroom Friday to speak on behalf of Skaggs.

The defendant was described as a “sweet, loving” person and “selfless and caring.”

“Kevin is only guilty of seeing the good in people and trusting them,” said Skaggs’ father, Ed.

He had intended to read the words but appeared to be struggling with his emotions as he stood in the courtroom.

Stewart asked Skaggs’ father if he would rather have someone read the statement for him. The statement was read by Melanie Morgan, one of Skaggs’ attorneys.

Morgan also read several statements from people who could not be in court.

Defense attorneys called a witness to testify regarding scientific evidence in the case.

Dean Stetler, a professor with the University of Kansas’ Department of Molecular Biosciences, testified that there was no scientific evidence to support a sexual assault in the case.

At one point, Deputy County Attorney Roger Marrs objected to the testimony, saying it wasn’t relevant to sentencing.

“The court has already pronounced judgment in this case,” he said.

Stewart said he would note Marrs’ objection for the record. The testimony proceeded.

Defense attorneys also had asked Barbara Crim-Swanson, a Kansas Bureau of Investigation lab scientist who testified at Skaggs’ trial, to appear in court for Friday’s sentencing.

But defense attorney Cheryl Pilate said Crim-Swanson wasn’t needed after Stetler’s testimony.

“We just covered all of the ground we needed with the previous witness,” she said.

Skaggs’ sentencing was continued last month in order to give Crim-Swanson time to prepare to testify.

In court Friday, Stewart sentenced Skaggs to a total of 310 months in prison, which is 25 years and 10 months.

Skaggs was sentenced to 155 months for the first rape count. He received an additional 155 months for the second count of rape. These two sentences will be served consecutively.

The sentencing for the other counts will be served concurrently, or at the same time as the other charges, which is required by law.

Marrs explained later that Skaggs’ total sentence couldn’t exceed double the amount of prison time he received for the most serious charge, which was rape.

Marrs said 155 months was considered the standard sentence for rape in this case.

He had argued for a more severe sentence, saying Skaggs was a “grave danger to society.”

Pilate asked Stewart to consider mitigating factors.

After the sentencing, Marrs said he was pleased with the outcome.

“Three years is a long time to get there,” he said.

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