FARMINGTON – A Hyattsville, Md. man pleaded guilty to sexual abuse of a minor in Franklin County Superior Court Monday, as part of an arranged plea.
Michael Massey, 33, pleaded guilty to the Class C felony, as well a misdemeanor count of furnishing liquor to a minor. Both charges relate to an incident that occurred at a Weld camp in July 2012, when Massey was visiting the area with another family.
According to evidence that Assistant District Attorney Josh Robbins said would have been presented by the state had the case proceeded to trial, Massey was staying with the 14-year-old victim and her family and friends at a camp in Weld on July 21, 2012, while the Maryland man was visiting a family member. After drinking beer provided by Massey, Robbins said, the victim had either fallen asleep or passed out then awoke to discover Massey on top of her, engaging in intercourse.
Robbins said that DNA swabs from a sleeping bag had matched the victim and Massey’s DNA. The state had also obtained a Facebook exchange in which Massey apologized to the victim.
The guilty pleas were in the nature of an Alford plea, attorney Walter Hanstein told Justice William Stokes. An Alford plea results when a defendant who maintains their innocence agrees to plead guilty to minimize the risk of a trial and a potential prison sentence.
The deferred disposition agreement would postpone sentencing one year, with Massey required to attend counseling, not contact the victim and avoid new criminal conduct. He will also need to pay $1,078 in restitution to the District Attorney’s Office, to cover costs associated with the trial scheduled to begin Monday.
If successful, Massey will be allowed to withdraw his guilty pleas and instead plead guilty to misdemeanor assault. He would pay a $300 fine. If unsuccessful, Massey would be sentenced on the felony sex crime, to a maximum of 5 years in prison.
Robbins said that the family was ready to move on from the incident and was satisfied with the outcome. The state would have faced evidentiary issues at trial, Robbins noted. While Massey could have raised certain defenses at trial, those in attendance noted, a trial carried the risk of potential prison time.
Stokes said the arranged plea “makes a lot of sense in this case,” in his opinion.
The $1,000 in bail Massey had been released on was accepted by the court to go toward the District Attorney’s Office restitution. Massey was released on a personal recognizance bond for the next year.
A jury, which was expected to begin hearing opening statements Monday morning, was released.
[Editor’s Note: the reporter and attorney Walter Hanstein are related.]
“and yet another innocent child is robbed with no real consequence to the adult.
So over reading about molesters and getting the MAX of 5 years, which he will only get 1…YUP, this will make them think twice about doing it again…WHAT A JOKE!!!! what is wrong with this world!?!? Feel so bad for these victims. I would not be satisfied…
they either had a very weak case or our system is screwed up. There should be jail time (lots) if the evidence was strong. I guess us common folk will never know.
WHAT?? 33 vs.14! Intercourse! No jail time!
I still cannot understand why the courts are pretty much letting these pedifiles get away with this. This is total B.S. sounds like the courts are almost condoning these acts.
In my opinion, you do not plead guilty to something you did not do! An Alfred Plea?? Really? It’s simple: Guilty or Not Guilty!
This is repugnant.