BARRE — A judge has apologized for telling the victim in a child sex abuse case that her abuser loved her “in his crazy way.”
Kenneth Blackwell, 40, of Rochester, was sentenced in October to three to six years, all suspended except for three months to serve on a felony count of lewd and lascivious conduct and a misdemeanor count of contributing to the delinquency of a minor. Blackwell pleaded guilty to the charges in March. He also was placed on probation for six years, with a midpoint review that could have seen him released from probation after three years.
According to court records, the state Department for Children and Families received a report in May 2022 stating Blackwell had engaged in inappropriate sexual conduct with a family member’s child. The victim, who is currently 17 years old, reportedly told school staff that Blackwell would walk into her room when she was changing, exposed himself to her on multiple occasions and would kiss her on the cheeks and neck. Police said the victim reported the first time Blackwell made her uncomfortable was when she was 12 years old and Blackwell walked into her bedroom when she was only wearing underwear.
Police said the victim reported Blackwell would shave naked with the bathroom door open, would smoke cannabis with the victim and would push his genitals against her when he hugged her. The victim’s mother reported Blackwell had been “grooming” the victim.
At the sentencing hearing in October, Washington County State’s Attorney Michelle Donnelly asked for a sentence of five to seven years, all suspended except for 18 months to serve and 10 years of probation for Blackwell. Defense attorney Samuel Swope, representing Blackwell, asked for no prison time for his client and five years of probation.
Judge John Pacht sentenced Blackwell to three to six years, all suspended except for three months to serve and placed Blackwell on probation for six years.
During the hearing, the judge addressed the victim, who was in the courtroom and had given a statement telling Blackwell that she used to have nightmares about him and that she used to think that she deserved what Blackwell was doing to her and that his actions were her fault, which is what he wanted her to think.
The judge told the victim she was incredible and this was a difficult case. Judge Pacht told the victim it may have seemed to her like Blackwell loved her.
“And maybe he did, in his crazy way,” the judge said, while acknowledging it clearly wasn’t a healthy relationship.
Immediately after the hearing, Donnelly said the judge’s comments to the victim were “appalling.”
The prosecutor said, “I think that is incredibly hurtful and disrespectful to what she experienced.”
Donnelly then filed a motion seeking a sentence reconsideration for Blackwell. She again asked that Judge Pacht impose a sentence of 18 months to serve for Blackwell, and that he be placed on probation for 10 years.
The prosecutor noted Blackwell has not taken full responsibility for his actions and the judge did not take the impact this case had on the victim into consideration when handing down the sentence, as evidenced by his comment to the victim that Blackwell may have loved her.
“This statement was not only harmful to the teenage victim, but also shows the Court did not understand the dynamics underlying the behavior which were described in the affidavit of probable cause, the factual basis, the pre-sentence investigation, the psychosexual investigation, and the victim’s impact statement. The victim repeatedly said how the behavior made her question herself. She stated that the defendant kept her silent by keeping secrets with her from her mother, including smoking marijuana with her. Defendant knew (the victim) wanted a dad, and he preyed upon her vulnerability to satisfy his own desires,” Donnelly wrote in the motion.
A hearing on the motion took place on Dec. 22.
Judge Pacht said after the sentencing hearing in October, he thought about the case more and decided a longer term of probation may be appropriate for Blackwell, given that Blackwell has “a lot of work to do” in counseling in order to take responsibility for what he did in this case. The judge said he wasn’t inclined to increase the amount of time Blackwell will serve in prison. He said a longer term of probation than six years is appropriate in this case partly because the judge chose to lessen the amount of prison time sought by the state.
Judge Pacht said he also wanted to address any hurt he may have caused by his comments to the victim.
Swope said he didn’t see what the judge said as harmful or disrespectful.
The judge responded that wasn’t his intent, but it sounds like that’s how the comments were perceived.
“I do think the Court made a lot of comments about how brave and strong and impressive this young woman was, but if there was hurt felt by that, then that’s just not something acceptable for this judge to do,” Judge Pacht said.
The judge said the victim coming forward was courageous. He said Blackwell may have deluded himself into thinking he loved the victim, but it was just that, a delusion.
“And it was done in justification for unjustifiable conduct,” Judge Pacht said. “That comment was not meant to say, ‘Gee, he really did (love you) and it’s OK.’ It meant that some people manipulate situations so that they then can justify what they are doing, even though there is no justification for it,” he said.
The judge said he was sorry if his comments were interpreted in any way other than a suggestion that this relationship was manipulative on Blackwell’s part. He said it’s still unclear if Blackwell understands just how damaging his actions were to his victim, which is why he needs counseling. Judge Pacht then extended Blackwell’s probation from six years to 10 years, with a midpoint review that could see him released after five years.
eric.blaisdell
@timesargus.com
