MONROE - Derek Grinnell, 23, was sentenced Thursday to seven years in prison for sexually assaulting a 3-year-old girl, after his defense attorney unsuccessfully argued Grinnell's low IQ should be a factor in his rehabilitation.
Grinnell has cognitive and learning disabilities and graduated from Monroe High School in 2009 at the academic level of a second- or third-grader, according to defense attorney Philip Brehm. Grinnell's IQ of 63 puts him in the range for a moderate disability.
Brehm recommended a year in jail and up to 12 years of probation for Grinnell, pointing to Grinnell's lack of a criminal record and his good behavior during the past five months while out on bail.
Laura Placek, an independent forensic consultant Brehm hired, testified Grinnell is too cognitively impaired to complete regular counseling for sex offenders.
"The material has to be taken down to a level he can understand," she said. When asked about Grinnell's maturity level, she said he gives the impression of being younger. During her assessment of him, he made "awkward facial expressions that were inappropriate, like a smirking pubescent talking about sexual topics."
In the end, she predicted, Grinnell's bigger struggle will be with following rules due to his low intellect than with reoffending. She put him at a low risk for recidivism.
Prosecutor Jeffrey Kohl brushed off Placek as a "knight for hire" and said Grinnell's offense was much more serious than what she portrayed. He recommended Grinnell spend 15 years in prison and 10 years on parole.
Charges were brought against Grinnell last July after the girl's grandmother told investigators she walked in on him sexually assaulting her. Kohl said the abuse wasn't a one-time incident.
"This was just the offense that was walked in on," he said. Grinnell later admitted to investigators he has searched for and looked at child porn on the Internet and asked for counseling to help him with his "anger and sexual urges," according to court records.
Brehm said Grinnell was himself the victim of sexual abuse as a child and witnessed sexual abuse within his family, details Kohl did not dispute.
Judge Thomas Vale said he sees a correlation between Grinnell's offense and his "dysfunctional" upraising, but said his past does not excuse it. Mere probation would "unduly depreciate the seriousness" of the crime and prison is the necessary punishment.
"It's a horrible, horrible offense ... beyond comprehension," Vale said, adding that Placek's tests showing a low risk for reoffending are open to interpretation and don't provide enough assurance.
Grinnell kept his head in his hands, fingers pressed against his closed eyes, for most of the hearing. When the judge asked him if he wanted to make a final statement before his sentencing, he said no and buried his face in his hands and cried. A bailiff brought him a thick wad of toilet paper.
Grinnell stopped crying and stood expressionless as the judge issued his sentence. A half-dozen people turned out for the hearing, including the victim's mother. Grinnell's mother sat by herself and cried.
He is ordered to spend the next 14 years under the supervision of the Department of Corrections, first with seven years in prison and then seven years on parole. He may have no contact with the girl and will be under lifelong supervision as a sex offender.
Grinnell has cognitive and learning disabilities and graduated from Monroe High School in 2009 at the academic level of a second- or third-grader, according to defense attorney Philip Brehm. Grinnell's IQ of 63 puts him in the range for a moderate disability.
Brehm recommended a year in jail and up to 12 years of probation for Grinnell, pointing to Grinnell's lack of a criminal record and his good behavior during the past five months while out on bail.
Laura Placek, an independent forensic consultant Brehm hired, testified Grinnell is too cognitively impaired to complete regular counseling for sex offenders.
"The material has to be taken down to a level he can understand," she said. When asked about Grinnell's maturity level, she said he gives the impression of being younger. During her assessment of him, he made "awkward facial expressions that were inappropriate, like a smirking pubescent talking about sexual topics."
In the end, she predicted, Grinnell's bigger struggle will be with following rules due to his low intellect than with reoffending. She put him at a low risk for recidivism.
Prosecutor Jeffrey Kohl brushed off Placek as a "knight for hire" and said Grinnell's offense was much more serious than what she portrayed. He recommended Grinnell spend 15 years in prison and 10 years on parole.
Charges were brought against Grinnell last July after the girl's grandmother told investigators she walked in on him sexually assaulting her. Kohl said the abuse wasn't a one-time incident.
"This was just the offense that was walked in on," he said. Grinnell later admitted to investigators he has searched for and looked at child porn on the Internet and asked for counseling to help him with his "anger and sexual urges," according to court records.
Brehm said Grinnell was himself the victim of sexual abuse as a child and witnessed sexual abuse within his family, details Kohl did not dispute.
Judge Thomas Vale said he sees a correlation between Grinnell's offense and his "dysfunctional" upraising, but said his past does not excuse it. Mere probation would "unduly depreciate the seriousness" of the crime and prison is the necessary punishment.
"It's a horrible, horrible offense ... beyond comprehension," Vale said, adding that Placek's tests showing a low risk for reoffending are open to interpretation and don't provide enough assurance.
Grinnell kept his head in his hands, fingers pressed against his closed eyes, for most of the hearing. When the judge asked him if he wanted to make a final statement before his sentencing, he said no and buried his face in his hands and cried. A bailiff brought him a thick wad of toilet paper.
Grinnell stopped crying and stood expressionless as the judge issued his sentence. A half-dozen people turned out for the hearing, including the victim's mother. Grinnell's mother sat by herself and cried.
He is ordered to spend the next 14 years under the supervision of the Department of Corrections, first with seven years in prison and then seven years on parole. He may have no contact with the girl and will be under lifelong supervision as a sex offender.