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June 22, 2005
Man accepts plea bargain in child rape case
Almost exactly an hour after his rape trial was to begin Tuesday, an Aberdeen man accepted a plea agreement and avoided the potential of life in prison.
William N. Montague, 33, entered an Alford plea to a charge that he raped an 11-year-old girl. An Alford plea allows a person accused of a crime to accept the charges against him or her without admitting or denying them.
With a jury selected and waiting outside the courtroom, Montague accepted a list-minute deal.
Before the plea was entered, Circuit Court Judge Scott Myren warned Montague that if he entered an Alford plea, he would be found guilty of rape. "I will assume that you did something wrong (if you use that) plea," the judge said.
Moments later, Montague entered the Alford plea. As a result he faces as much as 15 years in prison.
In exchange for the plea, charges of criminal pedophilia and sexual abuse of a child were dismissed. The rape charge was also altered somewhat from forcible rape. All of the crimes are felonies. Criminal pedophilia is punishable by as much as life in state prison and a $25,000 fine. It has a mandatory minimum of 25 years in prison upon conviction. The rape charge Montague entered his Alford plea to has a maximum sentence of 15 years in state prison and a $15,000 fine.
Montague was not sentenced Tuesday. A presentence investigation was ordered. Attorneys in the case said sentencing will probably be in about a month. Before that happens, Montague must undergo a psychological evaluation.
Calm for much of the hearing, Montague lost his composure as people exited the courtroom and supporters - including the mother of the young victim - gathered around to hug him and share a brief, emotional visit.
Montague was taken into custody as the hearing ended. He is being held at the Brown County Jail without bond. Before his hearing, he had been free on a $25,000 bond.
With the Alford plea, Montague did not deny a charge that he penetrated the victim's vagina with his fingers.
Scott Kuck, Montague's court-appointed attorney, said plea negotiations started Tuesday morning. He said that while he felt confident that Montague's defense was solid, the prospect of Montague spending life in prison prompted the Alford plea.
Mark McNeary, the Brown County state's attorney trying the case, said the important part of the agreement is that Montague is now guilty of rape.
Kuck said the fact that, under the plea agreement, Montague would not be charged with criminal pedophilia was a factor. If the jury would have found Montague guilty of rape, Kuck said it would have also found him guilty of pedophilia because no extra evidence would have been needed for a conviction on the more serious charge. The only difference from rape is that pedophilia is defined by is "sexual penetration" by a person who is at least 26 years old with a victim who is not yet 13 years old.
The rape charge Montague was found guilty of is one sometimes used to charge people who have committed statutory rape. As defined by state law, statutory rape involves a victim between 10 and 16 years old and an offender who is at least three years older. However, McNeary said, Montague's case is different than a statutory rape case as the gap in ages is greater than and the circumstances much different than when, for example, two teenagers are dating and have intercourse.
Montague's trial was to begin at 1 p.m. At 2 p.m. the hearing started and the terms of the plea agreement were set out.
About a dozen people attended the hearing, including a few of Montague's supporters and a handful of Aberdeen attorneys.
During the hearing, Myren explained in great detail to Montague his rights, asking each time whether he understood them. Montague answered with a series of "Yes, your honor," responses.
Myren also explained that by entering the Alford plea, Montague would not be allowed to retract it, nor would he be allowed to appeal the pending finding of guilt.
The sexual abuse was alleged to have happened over the course of a year ending in July. Authorities said it happened in an Aberdeen home shared by Montague and the victim's mother. The victim now lives with family members outside of Aberdeen.
McNeary said the victim is doing as well as can be expected considering what she went through. The girl testified via deposition before the trial. A video tape of her testimony would have been shown to jurors during the trial.
"She had the guts to stand up and tell somebody what was going on in her life - the bad stuff that was happening," McNeary said of the young victim.
Montague was arrested July 29. His trial was postponed multiple times.
Kuck said that because of the subject matter, Montague's was the toughest case he has been involved in as an attorney.
If Montague is sentenced to the maximum of 15 years in state prison, he will be eligible for parole in seven and a half years.
Posted by Nealus at June 22, 2005 09:16 PM
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