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Man sentenced for sexually abusing 14-year-old girl in Linn, Johnson and Tama counties
Trish Mehaffey Aug. 7, 2015 7:25 pm
A 64-year-old man convicted of sexually abusing a 14-year-old girl in Linn, Johnson and Tama counties received a suspended sentence and three years probation ruling on Friday.
Marcelino Hivento of Cedar Rapids, made Alford pleas in June to one count each of third-degree sexual abuse in Linn and Tama counties and one count of aiding and abetting in third-degree sexual abuse in Johnson County. An Alford plea is when a defendant maintains innocence but admits the prosecution has enough evidence for the jury to convict him.
The multiple incidents occurred between May 2012 and Oct. 2012, Assistant Linn County Attorney Jason Besler said. Hivento was accused of sexually abusing the girl in Linn and Tama counties and aiding and abetting another person in committing sexual acts on the girl in Johnson County.
Hivento told 6th Judicial District Judge Paul Miller during the hearing that he made the Alford pleas because he believed a jury for his trial would be 'white” and mostly women and he wouldn't receive 'proper justice.” Hivento is originally from Bolivia and a Spanish interpreter aided him during the hearing.
Miller sentenced Hivento to 10 years in prison, running the three 10 year sentences concurrenly, but suspended it and gave him three years probation, in accordance with plea agreements made with Besler, Assistant Johnson County Attorney Anne Lahey and Tama County Attorney Brent Herren.
Besler said after the hearing that the victim and her parents had input regarding the plea agreement and sentencing. The victim didn't want to go through three trials. This was the best resolution in this case, he said.
Miller said in the hearing that he went along with the pleas and sentencing because they have 'dragged on for a significant amount of time” and he hoped this would bring closure for the victim.
The case has been pending for two years and Hivento has been in jail the entire time.
Miller also ordered Hivento to be placed on special lifetime parole because this is a sex offense, and he was also added to the lifetime sex offender registry and must undergo a sex offender assessment and treatment while on probation.
The prosecutors also asked the judge to extend the no contact order for five years to protect the victim and it was granted.
Initially, investigators thought the victim was a dance student of Hivento's. He taught dance lessons out of his home but she wasn't his student and there were no other victims, Besler said.
Hivento told The Gazette in previous interviews he wanted to develop a Latino dance troupe for children and wanted to build a Latin cultural center. According to Guide Star in 2014, which gathers information about IRS registered non-profits, Hivento established a non-profit organization - Latin American Museum and Cultural Center - in 2003.

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