Monday, July 28, 2014

Sex offender likely headed back to prison after child sex case

By DOUG CARDER, Herald Senior Writer | 7/7/2014

A 27-year-old Ottawa man likely will draw six years in state prison in connection with a 2012 underage sex crime involving a young teenage girl.

In a plea agreement worked out between the Franklin County Attorney’s office and defense attorney John Boyd, Corey J. Schlotzhauer pleaded no contest Monday afternoon to one felony count of indecent liberties with a child between the ages of 14 and 16 in exchange for prosecutors dropping two other felony charges in the complaint — aggravated indecent liberties with a child and aggravated burglary — in Franklin County District Court, 301 S. Main St., Ottawa.

A 27-year-old Ottawa man likely will draw six years in state prison in connection with a 2012 underage sex crime involving a young teenage girl.

In a plea agreement worked out between the Franklin County Attorney’s office and defense attorney John Boyd, Corey J. Schlotzhauer pleaded no contest Monday afternoon to one felony count of indecent liberties with a child between the ages of 14 and 16 in exchange for prosecutors dropping two other felony charges in the complaint — aggravated indecent liberties with a child and aggravated burglary — in Franklin County District Court, 301 S. Main St., Ottawa.

At Schlotzhauer’s arraignment Monday, James Ward, deputy county attorney, said if the case were to go to trial, prosecutors would prove that Scholtzhauer entered the known victim’s home without permission in the early morning hours of March 2, 2012, in Ottawa where he awakened the girl in her room and proceeded to kiss and lewdly fondle her, some of which was witnessed by the victim’s sister. Ward said during an exam after the sexual assault, DNA samples were collected from the victim, and one of the samples from the victim’s right cheek showed Schlotzhauer was a major contributor, with the victim being a minor contributor.

The probability of the DNA sample being a Caucasian man other than Scholtzhauer was “one in 27 trillion,” Ward said, citing the lab report.

Because Scholtzhauer, a registered sex offender, was convicted of a similar offense in 2005 in which he served time in state prison, prosecutors said he would qualify under the state’s persistent sex offender law to have his base sentence doubled.

The base sentence for someone with Schlotzhauer’s presumed criminal history would be 36 months, which could be doubled to 72 months under the persistent sex offender guidelines, Senior Judge John E. Sanders, El Dorado, explained to the defendant. Scholtzhauer also would be required to register as a sex offender for the remainder of his life once he left prison, the judge said.

Scholtzhauer said he understood the penalties, and Ward and Boyd indicated the terms were acceptable to both parties and that this would be a presumed prison sentence with no request for probation.

Scholtzhauer continued to answer the judge’s questions as the nearly full courtroom gallery behind him was divided with his family members on one side of the aisle and the victim, who was surrounded by Bikers Against Child Abuse members and family, on the other side behind the prosecutor’s table.

Sanders accepted Scholtzhauer’s no contest plea, found him guilty of one felony count of indecent liberties with a child and set sentencing for 2 p.m. Aug. 25.

Boyd requested the judge push back sentencing until September so Scholtzhauer could attend his son’s second birthday party Aug. 31 before heading to prison for six years.

Noting the court’s crowded trial schedule in September, Sanders denied the defense’s request and left sentencing scheduled for Aug. 25.

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