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Cedar Rapids man to serve 10 years for sex exploitation of minors
Admin
Jul. 8, 2010 6:23 pm
A 78-year-old Cedar Rapids man was sentenced Thursday in U.S. District Court to 10 years in prison for videotaping two girls around the ages of 5 and 6 in 2001, while they were naked in a bedroom.
Jimmie Coutentos was convicted by a jury last December on one count of sexual exploitation of minors and one count of possessing child pornography. The jury deliberated for more than two hours after the three day trial.
The evidence at trial showed Coutentos taped the girls in an explicit act but the videotape was never recovered, according to court records. The victims didn't report the crime until 2009.
Assistant U.S. Attorney Tim Duax said there had been testimony during the trial from Coutentos and his wife Patricia that he had thrown out materials from their home after he found out the victims had told police what happened in 2001.
U.S. District Chief Judge Linda Reade said it was a difficult decision for her because “this type of crime is abhorrent.” She decided to give Coutentos the non-guideline advisory sentence of 10 years, as the defense had asked, based on his age and health issues. She said it was a sufficient sentence.
The minimum sentencing according to the guidelines is 14 and the maximum is 20.
Patricia Coutentos testified at the sentencing regarding her husband's health issues. She said he had cancer four years ago and lost a kidney. He also was diabetic and suffered from arthritis. His legs swell from the diabetes but he can't take medicine because he only has one kidney, she said.
Patricia Coutentos also told the judge what a good husband and father of three he had been.
Duax argued that his age and his fatherhood were not mitigating factors in this case. Coutentos was 69 at the time of the offense and because of his age and being a father and understanding what harm this kind of abuse would have on children – just makes his crime worse.
“He denies responsibility for what he did,” Duax said. “Two girls were violated by someone they trusted. They are going to carry that around that for a long time.”
Coutentos said he was innocent and blamed his lawyer's incompetency for his conviction.
“I never took photos and never made my (girls) touch each other,” he said. “I would ask for 10 years because longer would be a life sentence for me. “I wish to spend my remaining time with my wife,” he said starting to cry.”
Reade didn't take up the restitution issue in this case because the defense didn't have notice of a witness who was going to testify for the government. A hearing will be set at a later date.