LAKEPORT — A 53-year-old Lucerne man was sentenced to 10 years in prison Friday for having sexual relations with his stepdaughter for six years, starting when she was 12.
Klinton King and his victim, now 18, testified in his defense of a prison term Friday during the sentencing hearing.
Judge Andrew Blum said reports from the Department of Corrections, a psychiatrist and probation unanimously agreed probation would be inappropriate in King”s case and he agrees. Blum said he wasn”t impressed with King”s explanation of why he failed to cooperate during evaluations or his recent claim of remorse.
“From the age of 12, he inflicted physical and emotional injury to the victim,” Blum said. “He took advantage of a position of trust or confidence to commit these crimes.”
Blum said King also took advantage that her mother was gone. He said he thinks it”s likely King would pose a danger to others if he weren”t in prison.
King received 213 days of credits for time served in the Lake County Jail and will likely get credits for 15 percent of the remaining sentence, leaving him with about eight years to serve in prison. He was also ordered to pay more than $4,000 in fines and restitution, register as a sex offender and submit blood and saliva samples as well as finger and handprints. Blum prohibited visitation between the victim and defendant.
Blum ordered that the Lake County Sheriff”s Office deliver King to Department of Corrections for incarceration. King pleaded guilty in April to lewd and lascivious acts with a child younger than 14.
During the victim”s testimony Friday she described her family, saying she has known King for 14 years. Her mother died in July. The victim”s 12-year-old half-sister was living with King, who is the sister”s father, and both girls” mother.
The victim said King was not violent or physically coercive, nor did she see him act inappropriately with her younger sister or anyone else younger than 18. She described her mother”s relationship with King as stressful.
The victim said she”s still emotionally close with King.
“I don”t want him to be sentenced to prison,” the victim said. “I don”t think that”s fair, not fair, but he”s had a long road. I think jail time and probation is good.”
She said she thinks his medical conditions would cause him to die in prison.
When King testified, he said he doesn”t deny having a sexual relationship with his stepdaughter but said the blame “can go different ways,” referencing his wife. He said he was remorseful.
King said he wasn”t candid during evaluations at the Department of Corrections and with a psychiatrist because a counselor told him what he said could hurt him in sentencing.
“I probably held some back,” King said to his defense attorney. “Without representation, without you being there, I didn”t feel comfortable.”
King”s defense attorney, Stephen Carter, said King wasn”t forthcoming during evaluations because he didn”t want to incriminate himself, but he thinks the interpretations in the reports are subjective.
King also has significant health issues including heart problems and complications that come with being overweight, such as diabetes. The defendant had a number of wounds on his arm.
“Basically, a sentence of 10 years is likely to be a death sentence for Mr. King,” Carter said. “That seems to be overly harsh.”
Carter said this is not a case where the offender picked up a child at a playground, but one where an unnatural and illegal emotional relationship developed between the defendant and victim. King”s relationship with his wife was strained as she was severely alcoholic and the improper relationship stemmed from a bad family environment, his defense attorney said.
Carter thinks King doesn”t pose a danger to the public because there”s no evidence of him being a pedophile other than in this case, he said. When the defendant and victim got close, Carter said the victim “started to fulfill the wife role.”
Deputy district attorney Ed Borg said though it”s true King wasn”t a stranger to the victim, he stood in the role of a parent and took advantage while he was having a stressful relationship with his wife.
“There”s a lot of different ways to react,” Borg said. “Having sex with a 13-year-old girl is not a proper way to react. You can walk away. You can get help.”
“Mr. King chose to put the victim in the position of taking the weight of his stress,” he said.
Borg said he remembers King taking the plea because it was the best deal and that he didn”t automatically accept responsibility.
He doesn”t think the judge should give much weight to King saying he was remorseful.
He said there”s no evidence King”s health problems are life threatening.
Borg thinks the reason why the state has laws against lewd and lascivious acts with a minor is because victims are not in a position to make rational decisions at their age.
He thinks King has warped the victim”s growth, he said.
“She”s going to be carrying scars of this throughout her life,” Borg said. “A bad family dynamic doesn”t make it better, it makes it worse.”
Borg said the victim has been writing letters to the defendant while he was in jail.
“She”s emotionally dependant,” he said. “She doesn”t have anyone else to turn to.”
