A registered sex offender has been sentenced to serve eight years in prison for attempting to rape a 3-year-old girl.
South Central District Judge Robert Wefald on Tuesday sentenced Patrick Leno to 20 years in prison with all but eight suspended for Class A felony attempt to commit gross sexual imposition. Wefald also sentenced Leno to five years with all but 18 months suspended for Class Cfelony child abuse and neglect. The sentences, to be served consecutively, each will be followed by five years of supervised probation.
While on probation, Leno will not be allowed contact with the victims or any other children unless he secures permission from his probation officers.
Leno, 26, was charged June 28 with child abuse and neglect for exposing a 3-year-old girl's "sexual or intimate parts" to a 6-year-old and vice versa. Leno's father posted a $5,000 bond to allow him to be released in that case. The original bond order, signed by South Central District Judge David Reich, prohibited Leno from having contact with any children.
His attorney in that case, Robert Bolinske Jr., moved in July to allow Leno to have contact with children and to allow him to return home to live with his wife and children. South Central District Judge Donald Jorgensen amended the bond order to allow Leno contact with his children on July 18, over the objections of Burleigh County Assistant State's Attorney Julie Lawyer.
In writings on the case, Lawyer noted that Leno was already a registered sex offender because of a 2002 conviction in Cass County for indecent exposure. According to court documents, Leno exposed himself to a 4-year-old girl at a McDonald's in Fargo. Leno has admitted to having a "fascination" with girls between the ages of 4 and 6, Lawyer wrote.
The attempted gross sexual imposition occurred in August while Leno was baby-sitting a 3-year-old girl. The girl told her mother about the contact, and the mother called the Bismarck Police Department. Leno was arrested that night. He has been held without bond since then.
In court in November, Lawyer said Leno had repeatedly made statements to fellow inmates that he tried to rape the child before he had second thoughts and stopped. The conversations were recorded, Lawyer said.
Lawyer recommended on Tuesday that Leno be sentenced to five years with all but one year suspended and five years of supervised probation for child abuse and neglect and 20 years for attempt to commit gross sexual imposition.
Bolinske recommended a sentence of three to five years in prison and five years of supervised probation on the child abuse and neglect charge, to be served concurrently to the sentence in the attempt to commit gross sexual imposition case. He said Leno needs to be incarcerated long enough to receive sex offender treatment.
"These situations were, kind of right away, … cries for help," Bolinske said, noting that Leno had cooperated with authorities.
Todd Schwarz, who was appointed to represent Leno on the attempt to commit gross sexual imposition charge, asked that Leno be sentenced to 20 years with all but four years suspended and five years of supervised probation for the Class Afelony. He agreed that Leno needs to be forced through treatment.
"This is an icky case," Schwarz said. "There's no two ways about it."
"It is unpleasant, I agree,"Wefald responded.
Leno spoke briefly during the hearing. "I agree with both of my lawyers. I do need help," he said.
Wefald told Leno his family had sent letters in support of Leno, expressing their concerns that he did not commit the two crimes. The judge recommended Leno be honest with his family.
"I haven't explained to them what actually happened," Leno admitted.
Wefald ordered the remainder of the $5,000 bond posted in the child abuse and neglect case be forfeited to the state after Leno's $1,575 in court fees and $50 for preparation of a presentence investigation are paid out of the bond. Lawyer had moved to revoke and forfeit the bond in that case after Leno was charged with Class AAfelony gross sexual imposition in August, which was later reduced to the Class Afelony attempt to commit gross sexual imposition.
Bolinske argued against taking the money from Leno's family.
"To take the $5,000, I think, would be a hardship on anyone," he said.
Wefald said the bond would be forfeited, hardship or not. Had the bond never been posted, Leno would not have had the opportunity to commit the attempt to commit gross sexual imposition, he said.
Posted in Local on Tuesday, March 11, 2008 7:00 pm Updated: 2:28 pm.
© Copyright 2009, BismarckTribune.com, 707 E. Front Ave Bismarck, ND | Terms of Service and Privacy Policy