A Derby man who pleaded guilty in August to having sexual contact with a 4‑year-old girl in 2010 was sentenced to serve five years in prison Tuesday.
Robert Moore, 59, formerly of Derby Avenue, has been behind bars since his arrest in the case in October 2010, when he was taken into custody by U.S. Marshals at a relative’s house in Mississippi while under suspicion in the Derby case.
Judge Frank Iannotti handed down the five-year prison sentence Tuesday under the terms of a plea deal between Assistant State’s Attorney Charles Stango and Moore’s lawyer, Public Defender David Egan.
Moore pleaded guilty under the Alford doctrine Aug. 5 to a single count of illegal sexual contact with a minor.
Under Alford, a defendant does not admit all of the allegations he or she is charged with, but concedes that a conviction is likely if the case went to trial.
Stango said Tuesday that the disposition of the case spared the victim from the prospect of having to testify at a trial.
“She has had a very difficult time,” Stango said. “This young lady has suffered traumatic effects from heinous abuse. There was no way I could have her testify in good conscience.”
The girl, Stango said, has been placed in a special needs foster home and is “struggling to get on with her childhood.”
The state’s Department of Children and Families is also seeking to terminate her parents’ custodial rights, he said.
The girl’s biological mother was in court Tuesday but did not speak.
Matthew Gilbride, a lawyer appointed to represent the girl’s interests, told Judge Iannotti Tuesday that he agreed with the plea deal.
In court Tuesday, Stango read a portion of a victim impact statement from the DCF that said the girl acts out at school and still has nightmares from Moore’s abuse.
“This trauma will continue to impact the victim for the rest of her life,” Stango quoted the document as saying, calling it “as sharply worded a victim impact statement as I’ve ever seen.”
“She, by all clinicians’ opinions, was not in a position where she would benefit by testifying,” Stango said.
“Mr. Moore is going to serve a significant sentence and not be in a position where he can re-offend,” Stango said.
In addition the jail sentence handed down Tuesday — technically a 10-year prison sentence to be suspended after five years — Moore will be on probation for 20 years after getting out of jail.
While on probation, Judge Iannotti ordered Moore to register as a sex offender, undergo sex offender treatment, be subject to random polygraph tests, have no contact with the victim or anyone acquainted with her, have no contact with minors, refrain from living in the same home of any minors, report any romantic relationships to his probation officer, undergo a mental health treatment, and sign a “computer access agreement” prior to using any computer.
Judge Iannotti imposed the agreed-upon sentence Tuesday, saying “I think it’s in the best interests of everyone” to put the case behind them.
Moore, given the chance to address Judge Iannotti in court Tuesday, declined.