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Lewd conduct charge nets life

David Cole | Hagadone News Network | UPDATED 12 years, 10 months AGO
by David Cole
| December 30, 2011 8:00 PM

COEUR d'ALENE - A 41-year-old Rathdrum man was sentenced Wednesday to serve up to life in prison for sexual contact with three juvenile victims during a seven-year span.

Frank D. Marks was sentenced on three counts of lewd conduct with children.

On Aug. 12, Marks was found guilty of the offenses following a four-day trial in Kootenai County.

All three child victims testified in the case. A fourth juvenile victim, who was subjected to similar conduct, also testified.

First District Court Judge Benjamin Simpson ordered that on each of the three counts the first 30 years of the sentence would be mandatory, and served concurrently.

Marks would be eligible for parole after the first 30 years has been served.

At sentencing, Simpson considered further statements from two victims, and heard testimony from Marks' mother and a statement from Marks himself.

In sentencing Marks, Simpson said that the testimony of the victims was credible while Marks' testimony was inconsistent with that of the other witnesses.

Simpson acknowledged the serious nature of the crimes, the damage done to the victims as a result, and focused on protecting the public in imposing the sentence.

Kootenai County Prosecutor Barry McHugh praised the courage of the victims in coming forward and testifying.

McHugh said, "The sentence was appropriate given that Mr. Marks continues to deny any inappropriate conduct despite overwhelming evidence."

McHugh said Marks' adamant denials eliminate the possibility of rehabilitation.

Without rehabilitation, Marks continues to pose a serious risk to victimize other children, McHugh said.

"If and when he is released from prison, the indeterminate life sentence will provide safeguards to protect against any further misconduct," McHugh said.

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