Abuser's sentence reconsidered

Friday, May 22, 2009

Visiting Judge James Lombardi of Prince George's County decreased the sentence of William Harford, 50, of Port Republic to two years of incarceration from five years while increasing probation time another two years, but denied his attorney's request of only probation or home detention in lieu of jail time.

"Absolutely not, he's taken away today, starting immediately," Lombardi said emphatically after Harford's attorney, Robert Harvey Jr. of Prince Frederick, asked if the two-year jail term could be served through home detention.

In March, the Court of Appeals affirmed Calvert County Circuit Court's ruling of the conviction on the two counts. Lombardi agreed at the original sentencing hearing in May 2008 to postpone incarceration on the sentence pending the appeal.

Harford was convicted of child abuse and sex abuse of a minor in March 2008 and sentenced to 20 years and 15 years for the two counts, with all but five years of jail time suspended. He was handcuffed and taken away immediately by deputies in the Calvert County Circuit Court after Lombardi's decision Wednesday morning.

Assistant State's Attorney Kathryn Marsh's case involved the definitions of what constitutes sexual offense, molestation and exploitation of a child. In the two-day trial, she presented the Brackins v. Maryland case stating that the case demonstrates exploitation as taking an unjust advantage of another for his amusement, benefit, interest or pleasure. Lombardi agreed with the state, concluding that Harford improperly used the child for his benefit.

The prosecution's evidence in Harford's trial stated that Harford would rub the child's breasts and buttocks, be with her in the shower and watch her showering, starting when she was 11 years old and continuing for six years.

Marsh reminded Lombardi of the testimony, which included Harford complying with a Department of Social Services contract for 120 days and foregoing these behaviors, but starting them back up after the contract date ended.

Prior to sentencing, Marsh spoke for the victim, who told Marsh that she wanted incarceration for the defendant, adding, that "she [the victim] will forever serve a lifetime sentence." This affected every aspect of her life, Marsh said the victim wrote in a letter.

Harvey argued that Harford, who has not yet served any jail time for his original sentence, has already been punished through his required registration as a sex offender, his inability to get hired for a job and his being viewed as a sex offender by the community.

"Mr. Harford is branded, branded as a sex offender and everything about that is punishment," Harvey said.

Harvey also called a few witnesses who testified about the relationship he now has with his son and asked the court to suspend all jail time so he could continue that relationship.

After Harvey spoke about Harford losing his job over the case and the difficulty Harford has had finding a job, saying he was hired three times but "found himself un-hired" after a background check, he presented his business partner to testify.

Steven Skyrum, who partners with Harford in an "earth-friendly" construction company, said the company could not exist without Harford's knowledge and expertise.

"I couldn't replace him," Skyrum told the judge, adding that it would cause 30 employees to lose their jobs.

When Marsh countered the testimony, she said that Harford has been working for three years with his company.

And, regarding a relationship with his son, Marsh said, one month before his initial sentencing his son said he did not know his father and has no relationship with him. Only after his sentence has he had a relationship with his son, she said.

Harford got the very bottom of his sentencing guidelines and they still apply, Marsh said. She reviewed reasons such as a plea agreement, duress or coercion or incapacity as reasons that guidelines would be lower and said, "not one of them apply in Mr. Harford's case."

She ended her plea stating the victim withstood "six years of abuse with a lifetime of ramifications."

As Harford was being handcuffed, his attorney asked if Harford could serve his two years locally in the Calvert County Detention Center instead of the Department of Corrections. Lombardi denied the request.

charvat@somdnews.com