NORWICH – Kyle J. Hackett, the man who was convicted of sexually abusing and raping a 17-year-old female after a trial by jury, will be spending the next five years of his life behind bars.
Hackett, 31, of North Norwich, was sentenced to a determinate five year sentence by the Honorable Judge Frank B. Revoir Jr. on the top charge which he was convicted of, sexual abuse in the first degree, a class D felony. In addition, Hackett was also sentenced to a determinate sentence of three years for his rape in the third degree conviction, a class E felony; and a subsequent sentence of a year for endangering the welfare of a child, a class A misdemeanor.
When the sentencing proceedings got underway in the Chenango County Courthouse on Friday, September 9, the defense had filed two motions for the dismissal of Hackett's verdict.
Judge Revoir noted that there were two grounds for dismissal conveyed by the defense. The first of these cases presented by the defense stated that the evidence presented during the defendant's trial was legally insufficient. Revoir denied this motion based on the fact that the victim testified during trial, and he believed that there was more than sufficient evidence for the jury to draw a guilty conclusion.
The second motion alleged that the court failed to allow defense counsel to review testimony from the detective involved in the investigation of the initial allegations. Revoir also denied this motion, based on the grounds that the detective testified under oath that he turned over all of his notes to both the District Attorney's Office as well as to the defense counsel before trial.
Following the denial of both motions, First Assistant Micheal D. Ferrarese read out a victim impact statement on behalf of the victim.
“Kyle subjected me to emotional and physical abuse,” the victim began. “Physically, I suffered from bruises, while I was emotionally traumatized. I eventually moved back into the house where the crime was committed. I slept with all the lights off and a chair under the door.”
The victim went on to describe how the incident not only affected her, but also had a huge impact upon her family. “Not only has this incident affected me, but it's put an emotional strain on my family,” the victim said. “I feel that my family has lost the real me as a result of this.”
The victim concluded her statement in a powerful manner. “My being raped will never change, and my nightmares will never end,” she said. “I always wondered who people would believe. I will never get my time or feelings back. I want him to feel caged. I want him to feel like he is the criminal. I am asking the court to impose the maximum sentence for him.”
Ferrarese then stated his own comments on the case, and began with the same words as he did in his opening statement at trial, “June 24, 2014, is a day that will forever be burned in the victim's mind.”
Ferrarese went on to say, “I think that the victim impact statement sums it all up. His actions are going to have a lifetime impact on the victim.”
Ferrarese then depicted his view with respect to how he believed the defendant should be sentenced, “On the first count, the maximum sentence is seven years. On the second count, the maximum sentence is four years,” said Ferrarese. “Throughout this whole process, the defendant has failed to take responsibility or show any remorse or contrition. I am asking the court to sentence the defendant to the maximum time allowable under our law, as well as the maximum allowable amount of post-release supervision.”
After the prosecution rested, it was the turn of attorney for the defense, George Hildebrandt, to argue why his client should be shown leniency. “Kyle has two children, and his girlfriend has stood by him throughout this entire two-year process,” said Hildebrandt. “Kyle has strong fatherly qualities, as well as strong community ties. He will have a lifetime felony conviction, which is no small punishment. He will also have to register as a sex offender for at least the next 20 years.”
Hildebrandt then portrayed how his client was deemed as an extremely low risk to reoffend. “In regards to his risk to reoffend, he was out for two years and committed no offenses. His life consists of working and supporting his children. The appropriate sentence would be probation, with upfront incarceration.”
Hackett addressed the court directly. He said that the many letters of support that were submitted to the judge show his true character, and also volunteered to enroll in any programs which the Judge might deem necessary, in lieu of a state prison sentence.
Judge Revoir then made his thoughts known on the case. “Sentencings in criminal cases are my least favorite thing to do as a judge,” began Revoir. “I never take pleasure in sending someone to prison or probation.”
“The Jury made findings that on that day in June, 2014, you, in essence, abused and sexually assaulted the 17-year-old daughter of your friend,” stated Revoir. “I acknowledge all of the letters of support that I have received. You have strong family ties and are a hard worker. Numerous letters all resounded in that same theme. If this were a case involving welfare fraud, those letters would hold a lot more weight. But, at the end of the day, we're still left with a 17-year-old (that) you raped and assaulted.”
Revoir explained his difficulties in determining an appropriate sentence for Hackett. “What baffles me is that while you were allegedly assaulting this girl, your girlfriend sat at home pregnant, and gave birth 10 weeks later to your daughter. That's the part that makes this proceeding difficult.”
“Would all of these people care if the guy who raped their daughter was a hard worker? Of course not. They'd want you prosecuted to the full extent of the law,” said Revoir.
“There's no way that I, or any judge for that matter, could think that this sentence could warrant probation.” Revoir also said that he factored in Hackett's lack of criminal history before sentencing.
Revoir then proceeded to sentence Hackett to a determinate sentence of five years incarceration in the New York State Department of Corrections, followed by five years post-release supervision, for the top count of sexual abuse in the first degree, a class D felony. He then sentenced Hackett to a three-year determinate sentence for the second count of rape in the third degree, a class E felony, and a one-year determinate sentence for endangering the welfare of a child, a class A misdemeanor. Those sentences will run concurrent with the top count.
Along with the sentences, Revoir also issued an order of protection for the victim for the maximum allowable time under the law, and subjected Hackett to the sex offender registry.
Hackett was remanded back to the custody of the Chenango County Correctional Facility until he can be retrieved by the NYS Department of Corrections and transferred to the Elmira Correctional Facility.