Blanchard man, 72, sentenced for sex abuse
KEITH KINNAIRD/Hagadone News Network | Hagadone News Network | UPDATED 10 years, 11 months AGO
SANDPOINT - A Blanchard man accused of sexually abusing two children over extended periods of time was ordered to serve 90 days in jail on Tuesday.
First District Judge Barbara Buchanan imposed concurrent 10-year prison terms, but suspended them and ordered Samuel Glen McCarthy to serve local incarceration.
McCarthy's age, lack of a prior criminal history and a determination that he was a low recidivism risk factored into the relatively light custodial sentence.
McCarthy, 72, was originally charged with two counts of lewd and lascivious conduct. He was accused of fondling a girl from 2007 to 2013, when she was between the ages of seven and 13. McCarthy was further accused of fondling the girl's brother from 2010 to 2011, when he was between the ages of seven and eight.
As the case neared trial, McCarthy entered into a plea agreement which reduced the charges to felony counts of injury to a child. McCarthy entered Alford pleas, which meant he acknowledged no wrongdoing but conceded he could be convicted if the case went to trial.
McCarthy was accused of similar misconduct with the victims' older sister in Spokane County in 2005, but the case was never prosecuted.
The children's mother told the court that McCarthy's misconduct has had a devastating effect on their family. Her daughter grew suicidal, engaged in self-harm and has struggled to form relationships.
"I feel like Sam should lose as much time as he's taken away from my children," she said.
The male victim said McCarthy's misconduct was "mind shattering."
"It doesn't just affect us as children, it affects us growing up into adults," he said.
The boy's sister said McCarthy deserved to be incarcerated as a result of the harm he's inflicted.
"This will influence me and my sister and brother for the rest of our lives whether he goes to jail or not," the teen said.
Bonner County Prosecutor Louis Marshall expressed dismay that the Spokane case was never prosecuted.
"It's too bad that it wasn't pursued. Maybe some of this could have been headed off," said Marshall.
Marshall recommended suspended, concurrent 10-year terms and that McCarthy be placed in the state's retained jurisdiction program, which would qualify McCarthy for release to probation after a year of imprisonment.
Chief Deputy Public Defender Dan Taylor recommended against retained jurisdiction, arguing that his client would gain nothing from the program due to his age. Taylor also emphasized that the Idaho Department of Correction recommended probation and deemed him a low re-offense risk, which are rarities in sex crime cases.
"That doesn't happen in these cases and I think the court needs to take a hard look at that," Taylor said.
McCarthy made no apologies and said he entered into the plea agreement for the sake of the children.
"I would do anything to not put these two children through a trial procedure," McCarthy said.
Earlier in the hearing, the children's mother said they were "devastated" that they would not get another opportunity to testify. Marshall said the children bravely testified at a preliminary hearing added that the process can be beneficial for victims of sexual abuse.
Buchanan agreed that retained jurisdiction would be of little benefit, but felt incarceration was in order.
"You have to recognize that you come before this court having pleaded guilty to two felonies so I have to sentence you on that basis. I also have to look at the fact that you have absolutely no record, you're 72 and your risk score is the lowest I've seen in a case I've had before me," said Buchanan.
Buchanan also placed McCarthy on supervised probation for five years, during which time he can have no contact with minors without permission, undergo sex offender treatment, submit to polygraph examinations every six months and pay for the victims' counseling.
ARTICLES BY KEITH KINNAIRD/HAGADONE NEWS NETWORK
Fishing derby going strong on Lake Pend Oreille
SANDPOINT — The Lake Pend Oreille Idaho Club’s annual spring fishing derby pushed off the dock Saturday.