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Elson Jr. sentenced to life in prison for kidnapping, raping convenience clerk
Trish Mehaffey Dec. 16, 2011 1:26 pm
UPDATE: Amanda Daniel said in her victim impact statement Friday she is “constantly haunted” by vivid images of the fateful day in 2010 when she was kidnapped, and just wants someday to be able to sleep again with the lights out.
“Not a day goes by that I don't ask myself why this happened to me,” Daniel, now 20, said in a statement read by family friend, Heidi Taylor, in court. “I will live with the pain and memories for the rest of my life….but I will leave this courtroom with my head held high, knowing I am a survivor.”
The statement was read during the sentencing of Keith Elson Jr., 56, who kidnapped Daniel when she was working as a convenience store clerk May 17, 2010. Elson took her from the store to his apartment, where he held her for seven hours and brutally sexually assaulted her.
Elson was sentenced to mandatory life in prison without parole after being found guilty of first-degree kidnapping last month by 6th Judicial District Judge Ian Thornhill.
“I'm very sorry for what I've done,” Elson said before the judge sentenced him. “I hope Amanda finds peace and have forgiveness (for him) someday. I pray for her daily.”
Elson's sister, Becky Ehlts, also addressed the court. She asks that her brother receive the mental health help he needs and “finds peace in his heart.” Ehlts also said the state and society failed her brother who has been in the system since 1978 and never received the proper treatment.
Elson started crying during his sister's testimony.
Family and friends of Daniel and Elson filled the courtroom. Daniel's family looked upset but relieved after the hearing. Elson's family had tears as they said their goodbyes when deputies led him out of the courtroom.
Thornhill also ordered Elson to pay $1,300 in victim's restitution and he denied a motion for a new trial.
Mike Lahammer, Elson's attorney, in the motion said the court erred in finding the evidence regarding diminished responsibility was insufficient.
Thornhill said he considered all the evidence and stood by his written ruling, which supported a guilty verdict. The motion was denied.
Thornhill found Elson guilty after four day bench in October. Thornhill in his ruling said the state met its burden of proof for the elements of first-degree kidnapping and while the defense experts were credible, it didn't negate the facts which showed Elson “had the ability to form specific intent to commit the crime.”
The defense claimed Elson didn't have the mental ability or intended to commit the act because he was heavily intoxicated with a .216 blood alcohol content and he suffered from anxiety and major depressive disorders and post-traumatic stress. Witnesses had testified that Elson was beaten as a child by his father.
Thornhill rejected the argument that Elson's childhood abuse had any effect on his ability to “plan, deliberate or form specific intent” before and during the kidnapping. Elson acted with premeditation and had specific intent in abducting and sexually assaulting the victim regardless of his level of intoxication, Thornhill ruled.
Keith Van Elson makes a statement to Amanda Daniel's family during his sentencing at the Linn County District Courthouse on Friday, Dec. 16, 2011. Elson was sentenced to life in prison without parole after kidnapping and sexually assaulting Daniel in May 2010. (David Scrivner/The Gazette)

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