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Fort Scott woman sentenced to five years in molestation case

Wednesday, April 23, 2008

Kerri Cassett received a five year sentence to be served in a state prison Monday for the molestation of an 11 year old at her house last year. The victim was reportedly a friend of Cassett's son.

Bourbon County District Judge Mark Ward sentenced Cassett,31, to the 61 month sentence on one count of felony aggravated indecent liberties with a child. It was the maximum sentence the judge could impose on Cassett.

"This type of behavior is unacceptable and indefensible," the judge told Cassett.

Mark Fern, Cassett's attorney, argued for a durational departure of four years and five months because it was the mitigated sentence for the severity of the charge, level three person felony, and the fact that Cassett had no criminal history.

In March, she pleaded guilty to aggravated indecent liberties. But Ward, after reviewing the case and all the evidence, found Cassett guilty of the crime.

Even though details of the crime weren't disclosed, aggravated indecent liberties is the "lewd fondling and touching" of a child.

The charge was classified as an off-grid person felony that carried a 25 years to life prison term. But the severity of the charge was reduced to a level three felony. The court reduced the severity, because, Cassett's mental capacity to acknowledge the "criminality of her conduct or to conform to her conduct to the requirements of law" was substantially impaired," according to court documents.

According to a motion for durational departure filed by Fern, the crime was committed while the defendant was under in the influence of extreme mental or emotional disturbances.

Cassett had undergone a mental evaluation last year because of her mental capacity to properly assist in the preparation and making of her defense.

Cassett didn't wish to address the court just prior to Ward's sentence. The victim chose not to attend the hearing. No one else testified on behalf or against Cassett.

She is currently being held at the Southeast Kansas Regional Correctional Center until she is transported to an undetermined Kansas Department of Corrections facility.



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