Kirk Sent To Prison For Registry Violation
Fred Leslie Kirk was sentenced by Judge Jeffrey Cramer, on Friday, Feb. 19, to one to five years in prison for violating the rules and regulations for the sex offender registry.
When arguing sentencing, Prosecuting Attorney Timothy Haught recommended that Kirk be sentenced to one to five years. Haught noted that all sex offenders are required to comply with certain standards.
“The standards were created for a reason, to closely monitor sex offenders,” Haught noted.
Defense Attorney Brett Ferro stated that he “respectfully” disagreed with the state’s contention and requested an alternative sentence such as home confinement for Kirk.
“Mr. Kirk’s intent was not malicious. He set up a Facebook account to keep up with family members. He wasn’t trolling for juveniles, victims, or potential victims. Mr. Kirk is a very conscientious person. He tries to obey the rules. He’s appeared before the court, been very respectful, and once again, wore a suit and tie to court,” Ferro argued.
Ferro added that Kirk was also willing to seek his GED.
“He’s informed me that while incarcerated, he acquired some skills with carpentry and welding He’s on SSI; he does odd jobs for people, and other people would employ him. His land lady said that should (Kirk) remain out of prison, she would hire him for some jobs,” Ferro said.
Ferro added that though Kirk could not change his record, “he’s not a menace to society.”
When given his opportunity to speak to the court, Kirk said he has been trying to follow the rules. He argued that going to jail doesn’t “help” him and that he could get more done by being out of prison.
Kirk added that he was sorry, “very seriously sorry.”
Judge Cramer told Kirk that though he appreciated his statement, “it rings hollow with the court.”
“You were incarcerated for a child molestation case, a sexual offense against a child. You were incarcerated for over nine years as far as I can tell and had plenty of opportunites. I know they had GED programs, and when my probation officer asked if you had one, you said you didn’t really see the point and would be too old by the time you got it,” Cramer stated.
“You were in prison for over nine years, and if you really wanted to get your GED, you could have when in prison.”
Cramer noted that Kirk is a convicted child molester and is getting government benefits, but added that he was not going to comment on the matter.
However, “you are now saying you would like to get a job,” Cramer stated, adding that Kirk has had the opportunity to get a job since released from prison.
It was also noted that this was not Kirk’s first time of being convicted for a registry violation.
“I realize that this particular offense involved you setting up numerous Facebook accounts. It may or may not have been an innocent reason, but I was prosecutor long enough to understand that sex offenders set up Facebook accounts to try to contact children. Not only did you set one up, but you set up four,” Cramer said.
Cramer also noted that in 2010, Kirk’s probation was revoked because, though he was instructed not to be around minors, he was observed at Town and Country Days helping children on and off rides.
With that said, Cramer sentenced Kirk to one to five years for the offense and ordered that Kirk be remanded.
Ferro requested that Kirk be allowed to have a brief period of time prior to reporting to prison so that he could manage his affairs, such as getting utilities shut off and closing his bank account.
Cramer denied the request.