Thursday, December 22, 2011
YOUNGSTOWN
A 49-year-old city man, who pleaded guilty to attempted rape and kidnapping, has been sentenced to five years’ probation and must register with the sheriff as a sex offender quarterly the rest of his life.
Kenneth Jackson, who avoided a prison term, drew the sentence Tuesday from Judge John M. Durkin of Mahoning County Common Pleas Court. Judge Durkin ordered Jackson to have no contact with the victim.
The victim did not appear in court at the sentencing, but Carla Baldwin-Fields, an assistant county prosecutor, recommended a prison term. She also told the judge the victim favored an 18-year prison term — the maximum permitted for the offenses to which Jackson pleaded guilty.
Jackson was initially charged with three counts of raping the adult victim and one count of kidnapping her Dec. 8, 2007. Had he been convicted as originally charged and given maximum consecutive sentences, he could have gone to prison for up to 40 years.
“We recommended prison. The judge chose not to send him to prison. The judge doesn’t have to accept our recommendations,” said county Prosecutor Paul J. Gains. Gains added the victim was reluctant to testify in a trial.
Saying Jackson’s only prior criminal record was for a misdemeanor in 1999, defense lawyer Lou DeFabio asked the judge to put Jackson on probation. The five-year probation term the judge imposed is the maximum allowed by law.
Gains and DeFabio said a change of defense lawyers and Jackson’s health problems contributed to the long delay in concluding the case.
Jackson underwent surgery for cancer earlier this year, DeFabio said, adding that Jackson lost his job as a corrections officer because of the criminal charges.
DeFabio said his client, who maintained that the sex was consensual, entered the plea agreement to avoid the risk of a lengthy prison term had he been convicted in a trial. DeFabio added that Jackson had a prior relationship with the victim.