A former University of Colorado-Colorado Springs police officer was sentenced Thursday to two years to life in the Department of Corrections after being convicted in an Internet Crimes Against Children case.
Todd Vecellio was convicted of one count each of conspiracy to commit sexual assault on a child by a person in a position of trust, solicitation, criminal attempt to commit sexual assault on a child and enticement of a child by a jury in November.
He received concurrent sentences of two years to life on the conspiracy, solicitation and enticement charges and one year on the attempt to commit sexual assault charge.
District Judge David Thorson had ordered a pre-sentence investigation and psychosexual evaluation prior to sentencing. Vecellio refused to participate citing his Fifth Amendment right to remain silent.
Assistant District Attorney Kathy Eberling asked for the prison sentence because a sex offender should not be given the benefit of probation when they have not shown that they are amenable to treatment. An offender cannot participate in treatment if he remains in denial.
She added that this case was all the more abhorrent because Vecellio violated his position of trust as a police officer.
Vecellio’s defense attorney, Ted McClintock, said he believed the District Attorney was urging an unconstitutional policy standard.
He said his client intends to appeal his conviction and that any statements he makes prior to filing that appeal could be used against him in a subsequent retrial.
“They can’t force him to make an admission,” McClintock said. “That would decimate his constitutional right to appeal.”
Thorson said this would be a close case as to sentencing the defendant to probation or prison.
“I don’t second-guess the jury’s decision whatsoever,” he said.
He said Vecellio’s story after his arrest that he was conducting his own undercover investigation was very convenient once he got caught.
“Given the nature of the offence, I don’t see anything mitigating,” he said. “The defendant has basically said he’s not going to participate in treatment.”
Vecellio now has 45 days to file an appeal.
-----------------------------
Previous Post & Photo
No comments:
Post a Comment