Published: October 20, 2005 10:14 am            

Desimone gets 15-year prison sentence

This story has been corrected from a previously published version.

CLINTON — A defiant David R. Desimone was sentenced Wednesday morning to a maximum of 15 years in prison for his third-degree sexual abuse conviction handed down Sept. 14.

A jury found Desimone, 46, of Clinton, guilty of raping a 17-year-old at his home on Oct. 16, 2004. He also pleaded guilty to seven related counts of providing alcohol to minors.

Clinton County District Court Judge Mark Smith first addressed the issue of Desimone being a habitual offender. Court-appointed defense attorney William Vilmont said Desimone acknowledged two prior felony theft convictions, one from Scout County in the early 1990s and one from Florida in the late 1980s. Desimone did not reference any prior sex abuse charges.

He was charged with second degree sexual abuse in January 1999, but was found not guilty in March 2002. He was charged with third-degree sexual abuse in July 2001, but was found not guilty in April 2002. The court ruled Desimone to be a habitual offender.

Desimone was given a chance to speak before the sentence was read. He said it was a sad day for the legal system because he was convicted on the word of someone who lied under oath. He called the victim a young woman with a drinking problem and said she had lied several times on the stand.

He said police were supposed to be professionals and yet they relied on an unreliable source. He also accused Assistant Clinton County Attorney Ross Barlow of misconduct during the trial. He further said his former wife had manipulated the system against him and was just looking for a way to send him away.

“I did not do this and I was sure the evidence spoke for itself,” Desimone said, “I think it’s an outrage that I should be sitting here today.”

After Desimone’s statements, Barlow noted Desimone had filed a motion to find the proceedings a mistrial. Smith said the court found the weight of the credible evidence supported the jury’s verdict.

Smith then handed down the sentence. He said with third-degree sexual abuse, a forcible felony, incarceration is mandatory. Smith gave Desimone a term not to exceed 15 years in the Iowa Department of Corrections. Desimone will serve at least three years before becoming eligible for parole.

He was fined $1,000 and ordered to immediately register as a sex offender. Restitution issues were left open and Desimone also must pay for court costs and attorney fees.

Desimone had pleaded guilty to seven counts of providing alcohol to minors. He was sentenced to serve one-year jail terms and fined $500 on each count. Counts two through six will run concurrent to the abuse conviction, but count seven will be served consecutively.

Barlow said that means Desimone could actually serve a maximum of 16 years. Smith said there is no bond in forcible felony cases. Smith then advised Desimone of his right to appeal the court’s decision within 30 days.

Late Wednesday afternoon, Vilmont said an appeal had been filed.

        

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