[Vision2020] Now here is a judge that knows what he is doing

[Shelly]

Judge gives child rapist life sentence


By KERRI SANDAINE
of the Tribune 
ASOTIN -- Asotin County Superior Court Judge William D. Acey said he rarely
goes against a joint sentencing recommendation from the state and defense,
but a denial was warranted in a child rape case he heard Tuesday. 
"I cannot, in my heart, trust you," Acey told the defendant, Brandon J.
Russell, 19, of Clarkston, before sentencing him to life in prison with a
minimum of 93 months behind bars. 
Russell had earlier pleaded guilty to first-degree rape of a child, a class
A felony. 
Acey said he wants to make sure the community is not at risk, and Russell
gets treatment in prison. 
Prior to sentencing, Russell broke down in tears and apologized for sexually
abusing a 3-year-old girl. 
The state had recommended Russell be sentenced to life with a minimum of 93
months, under a special Sex Offender Sentencing Alternative, known as SOSA.
Under the agreement, Russell would have received a suspended sentence
requiring monitoring and outpatient treatment, and he would have been
released Tuesday. 
Acey said he was concerned about releasing the defendant because he had no
job, never finished high school and had a history of drug use. The
probability of Russell successfully completing an outpatient program for sex
offenders was slim, the judge said. 
"I have to watch out for the community," Acey said. "You will get treatment
on the inside." 
Prosecutor Benjamin Nichols said the family of the victim and the family of
the defendant had agreed to the sentence he recommended. 
"I recommended SOSA because I believed it would be in the best interest of
everyone involved," Nichols said. 
Russell's attorney, Jane E. Richards, said she was shocked by the decision. 
"I was dismayed that the judge didn't go with the SOSA," she said. "My client was a candidate for it, up and down. I didn't agree with the judge's findings as far as him not working. He's been in jail for eight months and hasn't had the opportunity to obtain employment. At 19, I think he is at an age to be rehabilitated, and the experts agreed." 
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