“We note that Naylor’s remorse was offset by his claim that the eight-year-old victim was the initial aggressor,” Senior Judge George B. Hoffman Jr. wrote in the unanimous opinion
Madison Superior Court 3 Judge Thomas Newman sentenced Loren Naylor, 41, Elwood, to 124 years in prison in August after he pleading guilty to five counts of child molestation.
Prosecutors charged Naylor with four counts of child molestation, all Class A felonies punishable by 20 to 50 years in prison, for allegedly having sex with a 8-year-old girl several times beginning in 2005.
Naylor was also charged with another count of child molestation, a Class C felony, for allegedly fondling the child. A Class C felony carries a sentence of two to eight years. Newman sentenced Naylor to 30 years on each Class A felony, and four years for the Class C felony.
Police began investigating Naylor in March 2007 after the girl’s 6-year-old sister walked in on Naylor and the girl having sex, according to a probable cause affidavit written by Elwood Detective Carl Caldwell.
The 6-year-old reported what she saw to officials at her school, according to the affidavit, who then contacted police.
Naylor admitted during questioning to having sex with the girl. Naylor told police he and the girl “had a sexual relationship like any man and wife would have,” Caldwell writes in the affidavit.
Naylor pleaded guilty to all of the charges during a court hearing in July. He pleaded guilty without an agreement with prosecutors. According to the Indiana Department of Correction, Naylor’s earliest release date is March 2069, when he will be 102 years old.
In his appeal, Naylor argued Newman incorrectly weighed mitigating and aggravating factors in sentencing him, and the prison term wasn’t just in light of his character and the nature of the crimes.
Naylor argued the judge improperly used the fact that the crimes were committed over a lengthy time period in ordering the sentences to be served one after another. He also argued Newman failed to give enough weight to his guilty plea, his remorse and his minor criminal history.
The appeals court didn’t accept Naylor’s argument.
“We note that Naylor’s remorse was offset by his claim that the eight-year-old victim was the initial aggressor,” Senior Judge George B. Hoffman Jr. wrote in the unanimous opinion of the three-judge panel. “The trial court was not required to give any weight to Naylor’s proclaimed remorse.”
The appeals court also didn’t accept Naylor’s argument the sentence was too harsh in light of his character and the circumstances of the crime.
“With regard to the nature of the offenses, we note that over a period of years, Naylor subjected a child in his care to a series of unspeakable acts,” Hoffman wrote. “During that period of time, there is no doubt that he witnessed her confusion and pain. Yet, Naylor persisted in violating the victim and changed her life forever. Furthermore, some of these acts were observed by the victim’s younger sister.
“With regard to the nature of the offender, we note that Naylor instructed the victim not to tell anyone about his actions, an instruction that illustrates that he knew he was committing wrongful acts, but persisted in doing so,” Hoffman continued. “His ‘remorse’ was offset by his insistence that the young victim is the one who started it all.”
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