STOCKTON, Calif. – The Latest on a plea deal in a child rape case in California. (all times local):
A lawyer for a 79-year-old man who was sentenced to 90 days detention and five years of informal probation after pleading no contest to the statutory rape of a child says his client was accused of inappropriate touching.
Attorney Gregory Davenport said Friday that Lyle Burgess accepted the plea deal despite being innocent because he is in frail health and wanted to move on with his life.
A San Joaquin County Superior Court judge sentenced Burgess to 90 days home detention and five years of informal probation. He will not have to register as a sex offender.
Davenport says statutory rape sounds harsh but the charge is based on a claim by the girl's mother that she saw Burgess stick his hand down her daughter's pants.
Burgess denies ever touching the child inappropriately. The girl is now 7.
The parents of a sexually abused child are upset with a California plea deal in which a 79-year-old man who pleaded no contest to felony statutory rape was sentenced to just 90 days detention and will not have to register as a sex offender.
The Record newspaper of Stockton reported that Lyle Burgess was sentenced Wednesday to detention at an alternative work program or at home and will be under informal probation for five years.
Burgess pleaded no contest to felony statutory rape of a child who is now 7 years old.
The judge reminded the parents at the sentencing hearing that they felt the agreement was fair when it was reached.
Robert Himelblau, supervising deputy district attorney for San Joaquin County, said the crime did not involve penetration.