NORWICH – It took the jury a total of three hours to deliberate before they found Kyle J. Hackett not guilty of rape in the first degree in the Chenango County Courthouse on Thursday, June 23. The jury found the defendant guilty of the lesser charge of rape in the third degree, a class E felony; sexual abuse in the first degree, a class D felony; and endangering the welfare of a child, a class A misdemeanor.
Hackett faces a maximum of up to 11 years in prison.
The victim in the case was somewhat relieved following the verdict. “I said the minimum that I'd be ok with was 10 years. That gives me time so I can go away and figure out what I'm doing in life,” she said. “As soon as they said he's going to be remanded, I just felt like everything was lifted off my shoulders. I don't have to be scared. He came to my place of work twice when I had a restraining order against him, so he wont be able to follow me or come to anywhere that I am. I think it's going to be easier than it was before. Before I tried to push it away and pretend like it didn't happen. Now I feel like, I'm not going to be buried. Everyone knows what happened. However they chose to take that is up to them.”
The head prosecutor in the case, First Assistant District Attorney Michael D. Ferrarese, was also somewhat dismayed by the outcome of the trial, but found solace in the fact that the defendant was convicted and the victim can now feel like justice has prevailed. “Honestly, I felt the victim was extremely credible on the stand and so I felt that this defendant committed the crime of rape in the first degree. I am disappointed in that aspect of the verdict. But I am very happy that the victim can have a sense that justice has now been done in this case,” he said. “Her courageousness and her bravery in getting on that stand and facing her accuser hopefully will help other victims be able to come forward and know that justice will be done in their cases as well.”
The defense had no comment following the verdict.
After being convicted, Hackett was remanded to the custody of the Chenango County Correctional Facility without bail. Sentencing in the case was adjourned by The Honorable Judge Frank B. Revoir Jr. until September 9. Ferrarese could not comment on a specific sentence, but said, “Obviously if you were in that courtroom and you heard the testimony as it came in, the horrific acts that were done to this girl, it is, in my opinion, worthy of a substantial state prison sentence.”