Man gets 2-year sentence for child sex crimes

By Diana Bowley, BDN Staff
Posted March 25, 2009, at 10:34 p.m.

DOVER-FOXCROFT, Maine — A Sangerville man will spend a total of 24 months in prison for multiple counts of unlawful sexual contact and sexual misconduct involving three boys who were under the age of 14.

Daniel H. Smith, 65, who pleaded guilty earlier this month to 10 counts of unlawful sexual contact, six counts of sexual misconduct and an assault charge, received consecutive prison terms for his contact with each of his three victims.

Smith hung his head and fixed his eyes on the desk before him during Wednesday’s sentencing in Piscataquis County Superior Court.

Justice William Anderson sentenced Smith to 10 months for the counts involving the first juvenile, 60 days for the second, and four years in prison with all but one year suspended for the third youth. He also was placed on probation for three years.

Piscataquis County District Attorney R. Christopher Almy told Anderson that the incidents started in 2003 when two of the victims, one of whom was a relative, were 13 years old. He said Smith showed the boys pornography in an effort to show them the behavior was normal. It was when Smith’s younger relative learned that Smith had touched the genitals of another one of his friends that he confronted Smith and told him to stop, according to Almy. That confrontation ended in a physical altercation, Almy said.

Almy gave Anderson two letters in court Wednesday. One was from a fourth alleged victim in an incident for which Smith has not been charged and the other was a letter from the mother of one of Smith’s victims. Neither letter was shared by Anderson with the audience.

When Anderson asked what sort of responsibility Smith was taking, the defendant’s attorney, Randy Day of Garland, said Smith had admitted his guilt to all of the counts but did not agree with the conduct outlined in the letter for which he was not charged.

Day, who had sought a two- to three-year sentence with all but nine months and one day suspended, said the court should consider Smith’s age, the fact he has numerous health problems and that he has no criminal history. He also noted Smith lives with an adult son who has no income and relies on Smith’s help.

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http://bangordailynews.com/2009/03/25/news/man-gets-2year-sentence-for-child-sex-crimes/ printed on September 22, 2014