Rakes Sentenced Under New Law That Lowers Prison Terms For Sexual Contact
NEBRASKA CITY – The Nebraska Legislature’s 2015 law that established a presumption of probation and created post-release supervision for high-risk offenders was a factor Wednesday in the sentencing of an Otoe County man convicted of sexual fondling of two children.
Deputy Otoe County Attorney John Palmtag asked the court to sentence 53-year-old Troy Rakes to 10 years in prison.
Palmtag: “Both victims had multiple instances of sexual contact with Mr. Rakes for a period of years ranging from 2008 or 2009 to 2015 or 2016.”
Defense Attorney James Martin Davis countered that a five-year sentence on each count would be unconstitutional because the state’s new law sets a maximum of three years.
Davis said three years is proper for Rakes, who has maintained his innocence.
Davis: “What you just heard from Mr. Palmtag is what the adults said and what the police report said, not what the kids said. There weren’t multiple instances.”
He said the prosecutors reduced charges after the defense took the depositions of the victims.
Davis: “Over years. The police reports make it terrible, because you had all of these adults involved. You had all these different parents saying this took place, that took place. But the only time that we ever got anything under oath from those kids was when I took the deposition.”
Judge Julie Smith sentenced Rakes to two to three years on each count to run consecutively for a total of six years. He was given credit for 650 days already served.
Rakes would be eligible for parole in about 60 days.