Accused child molester, Kenneth Alan Byrnes was sentened today to 12 years of supervised probation and a minimum of 2 years in a counseling program as a sex offender, but he will not serve any more time in prison than the 570 days that he has already served. Judge Tom Anderson delayed sentencing for one week to allow defense attorney Keri Kline time to find an appropriate treatment program for Byrnes who pleaded no contest to sexual abuse to the victim from the time she was 5 until she was 12 years old. The girl finally told a counselor about the abuse when she was 15. The victim told the judge she did not want to see Byrnes go to prison and while Judge Tom Anderson said the “easier picture” would be to see Byrnes go to prison and removed from society, he had to consider the interests of the victim. Defense attorney Keri Klein said the judge followed the law and did the right thing, and what he did was very brave.
“There were three different evaluations done, in fact there were four evaluations done and all of the evaluations indicated that Mr. Byrnes should be given a grant of probation, that it was in the best interest of the victim”
Deputy District Attorney Katy Francis said the prosecution would have liked to see Byrnes sent to prison for the full 16 years allowed under sentencing.
“It is my feeling that the criminal justice system needs to rise above, consider what the victims wants, and yet at some point understand that there are some crimes that are just too serious to make a child decide.”
The 63 year old Byrnes must register as a sex offender, attend a minimum of 2 years rehabilitation counseling, and 12 years of supervised probation. Judge Anderson said Byrnes will be monitored for a much longer time under probation than if he had gone to prison.
Lilah
Most people want the victims to have a say in the defendants sentencing when it would result in harsher sentences for the defendant, but not when it results in a lighter sentence. While what this guy did was very wrong, the judge did make a brave decision by including the victim, the one who would have been harmed, and instead of making her more victimized by oppressing her voice he let her be heard! Kudos to the judge for standing up for victims rights in all ways, not just when it benefits their side.
Anon
Why are you deleting comments that details the new criminal moves of this RSO? The people have a right to protect themselves from this pervert from YOUR neck of the woods AND a right to let the people know the judicial system failed and they need to look out. The next thing that will happen is that this will be blasted all over social media with a note that KCNO won't let folks speak out in ways that alerts the community while protecting their saftey. YOU have an obligation as journalists that GIVE people rights to post comments. YOU are not above THAT law. This is still America.
XYZ
Well now, in the fullness of time all will be revealed. Update 2015 – The DA in this case was RIGHT and the Judge was WRONG. Here we are in another county, having to pick up the mess created by Judge Anderson’s judicial winky-winky of a sentence. Another young person may have already been a victim, someone else was verbally threatened, but what the heck does that count when the more important battle is making a name as the newly enlightened, dragging the ignorant hardliners into a promised land where nothing bad ever happens, because a bunch of Facebook shrinks said so. The abject ridiculounessness to let a child, who had been raped from the age of 5, who had not yet finished her therapy, dictate a sentence for this repeat offender makes us in this community wonder what the benefit really was for that Judge. Just as a 58 year of man does not wake up one day and decide to start raping 5 year olds, that you had to have been blind as a bat to not know this was a repeat offender, similarly this sort of crime is NOT restricted to the downtrodden poor of society. In fact, we wonder how far up in Nevada County this sort of crime goes. So here’s a sardonic toast to you Judge Anderson, and all those who drank your koolaid. Thanks very much, we’ll pick up the pieces, and if that includes another little girl, go ahead, don’t loose any sleep over it. As it is, we’re trying to track down the identity of that long-haired young teen seen going into his house last week. We're all having a hard time not saying may you rot in hell Anderson.