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Montana judge criticized after giving 60-day sentence for incest

 
Published Oct. 21, 2016

A judge who sentenced a Montana man to 60 days in jail for incest with his 12-year-old daughter is facing a firestorm of criticism and an impeachment effort by those who view the sentence as far too light.

The state had recommended the 40-year-old father of three serve a 100-year prison sentence with 75 years suspended — in effect, 25 years — and the dismissal of two other incest charges as part of a plea deal.

"A father repeatedly raped his 12-year-old daughter," the Valley County deputy attorney, Dylan Jensen, said during the sentencing hearing on Oct. 4, according to reports.

But in handing down his sentence, Judge John C. McKeon of Valley County District Court noted that lawyers for the defendant could argue for a less-severe punishment if an evaluator recommended treatment in a local community.

Weighing the evaluation and several other factors, McKeon imposed a 30-year sentence, all of it suspended so long as the man met certain terms. The defendant must also register as a sex offender.

To critics, however, the decision represented a breakdown in the system.

Since being posted a week ago, the Change.org petition to impeach McKeon had attracted more than 55,000 supporters by Thursday afternoon.

"It is time to start punishing the judges who let these monsters walk our streets," Justice4Montana, the group seeking McKeon's impeachment, wrote in the petition.

Under the deal with the state, the Montana man pleaded guilty to a single felony count of incest. The defendant's lawyer argued for 25 years of community-based supervision, McKeon wrote.

In handing down the sentence on Oct. 4, McKeon cited statements from the victim's mother and maternal grandmother, both of whom acknowledged the "horrible" nature of the crime while seeking leniency.

"He needs help — not to spend 25 years locked up," the victim's mother wrote.

Whatever the results of the petition effort, McKeon will be leaving his job fairly soon: After 22 years on the bench, he planned to retire on Nov. 30, according to the Billings Gazette.