AUGUSTA — An Oakland man held in jail or at the state psychiatric hospital for the past three years will spend a total of 15 years behind bars for raping a girl under age 14.
Joseph McInnis, 61, was sentenced Monday at the Capital Judicial Center after pleading guilty earlier this month to one count of gross sexual assault. The plea came just before the selection of a jury to hear his case.
At Monday’s hearing, Justice Michaela Murphy ordered McInnis to serve a 25-year term, and then suspended 10 years of that, and placed him on probation for six years.
On July 21, Murphy had concluded that McInnis was competent to stand trial. She heard from a psychologist with the State Forensic Service who testified that it was more likely McInnis was malingering about his ailments and didn’t suffer from the Lewy body dementia that had been diagnosed in 2011 by a physician.
McInnis had been indicted in August 2012 on two counts of gross sexual assault and four counts of unlawful sexual contact all occurring between Jan. 1, 2011, and Jan. 31, 2012, in Oakland, and all naming the same girl as the victim.
In exchange for the plea to one count of gross sexual assault on a child under 14, the remaining charges were dismissed.
“After three years of delay due to multiple competency hearings, Mr. McInnis was found to be competent and finally (pleaded) guilty on the day of jury selection to one count of gross sexual assault on a child under the age of 14,” said District Attorney Maeghan Maloney, whose office prosecuted the case. “He is 61 years old. This will likely be a life sentence. This sentence would not have been possible without the strength of the victim whose nightmares continue to this day.”
Aaron Rowden, McInnis’ defense attorney, had maintained that McInnis had significant mental and physical disabilities. At one point in May 2013, a different judge found McInnis incompetent to stand trial. Information in some of the defense motions indicates that McInnis suffers from Parkinson’s disease and dementia and has low verbal and literary comprehension.
Rowden said on Thursday that the defense and the prosecution had agreed on the sentence recommendation prior to McInnis’ guilty plea.
“He pled guilty, and at the sentencing hearing, he gave a brief apology,” Rowden said, declining to offer any further comment.
McInnis has a 1986 conviction for gross sexual misconduct.
Conditions of probation prohibit McInnis from unsupervised contact with girls under 18 and from contact with the victim or her family.
He also was ordered to register as a lifetime sex offender.
A number of other people were sentenced recently in separate hearings at the Capital Judicial Center:
• John D. Malley, 44, of Augusta, domestic violence assault and obstructing report of a crime Dec. 23, 2013, and violating condition of release March 7, 2015, all in Augusta; 364-day jail sentence, all but 30 days suspended, two years of probation.
• Nicole Truman, 32, of Gardiner, unlawful possession of scheduled drug March 11, 2014, in Augusta; $400 fine, 14-day jail sentence, $60 restitution.
• Jason J. Vanderveld, 38, of Windsor, unlawful trafficking in scheduled drugs and cultivating marijuana Dec. 23, 2014, and unlawful possession of scheduled drug Aug. 3, 2015, in Windsor; three-year jail sentence, all but 30 days suspended, two years of probation, $800 in fines.
Betty Adams — 621-5631
Twitter: @betadams
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