Carl Lochard: 30 years;
Vincent Simon: 12 years

Wanda English Burnett, Editor

Everyone asked for something different at the sentencing of Vincent E. Simon, 42, of Osgood, with Special Judge Michael Wilke from Decatur County having the final word - 12 years, six to be served with the Indiana Department of Corrections, with six suspended to probation. Ultimately, “if you’re a good boy, you could be out in three years,” the judge told the defendant, after sentencing was pronounced in Ripley County Circuit Court on Wednesday, May 28. Simon was found guilty on three counts of incest at a bench trial held April 15.

The sentencing hearing, which began shortly after 3 p.m. concluded at 4:41 p.m. after those in attendance would hear from the prosecutor, defense attorney, probation’s recommendations, and the victim herself.

“Dad, you were supposed to be there for us...how could you have done this to me?” the victim cried through a prepared letter to the court. “You know you did it and so do I,” she told him, directly looking at her father, something she hadn’t been able to do in prior court hearings. She begged him to tell his family members the truth, saying they had harrassed her throughout the ordeal. Many were present in the courtroom at the sentencing hearing.

As she poured out her feelings, she noted, “you owe everyone an apology.” Her brother, sat sobbing in the courtroom, along with the children’s mother and other family members as the victim used words to describe her feelings throughout the ordeal like “scared, hurt, empty, nasty, guilty.” She talked about how her senior year that should have been filled with great memories was instead filled with embarrassment and humuliation as everyone knew what had happened to her. She talked about her friends staring at her, giving her sad looks. She said she didn’t like being the center of attention like that.

The victim said she had played sports, was a good kid before all of this happened. She admitted to trying alcohol and drugs after being abused by her father, and said those things made her lose respect and she was sorry for that behavior. She said she felt “let down” when the first judge dismissed himself from the case. Describing testifying about what had happened to her as “the worst feeling in the world,” she said it made her feel sick and mad.

According to Ripley Publishing files, the initial trial began August 14, 2007, and after three hours of the victim’s testimony, Judge Carl Taul recused himself from the case saying he was friends with Darla Westerfeld, whose name was mentioned in conjunction with the defendant. Those proceedings ended in a mistrial with the case having to be retried.

In an impassioned plea, Prosecutor Ric Hertel implored the court to impose 15 years imprisonment with only three suspended. He told the judge, “This wasn’t a single episode of criminal conduct. These are acts of intercourse and deviate sexual conduct.” The prosecutor got exactly half of his request. “I’m disappointed with the length of the sentence,” Hertel told The Versailles Republican after the sentencing, saying while he respects the courts decision, he knows Simon “deserves more time for what he has done to his daughter.” The prosecutor further described the victim as a strong person, who has suffered through two trials, depositions and thousands of questions. “She is resilient, she’s a role model for other victims,” he noted.

Defense Attorney Francis Cardis asked for home detention or a short time incarceration at best. He noted that many people had written letters on behalf of the defendant, he had been employed at one place for 20 years, took care of his parents, was a member of an Osgood task squad, had paid his child support, and while he (Simon) maintains his innocence, he’s been willing to cooperate fully with the court.

The recommendation of Chief Probation Officer Shannon Schmaltz was that Simon receive only six years with two suspended, leaving him four to serve, and only two if he had good behavior.

Prosecutor Ric Hertel was extremely perplexed with the recommendation of the probation department saying, “I totally disagree with the recommendation, we have a clear difference of opinion.”

Included in the pre-sentencing investigation by the probation department were letters written on behalf of the defendant from mostly family and friends saying he was a hard worker, a “committed family man.” It was noted that he had minimal prior criminal history, a minor consuming and a check deception charge, that the judge said he did not consider aggravating factors in making his decision.
The judge did however say that Simon was in a position of trust as the victim’s father. “She had a right to trust him - he breached that trust.” He said while evidence revealed very little, if any physical harm was done to the victim, she would carry mental scars for her entire lifetime. The judge further referenced the fact that Simon did not say anything on his behalf and said that’s his right according to the law. He said that he (Simon) would have to deal with what happened (between him and his daughter).

The judge noted that he knew whatever decision he made would not be popular with everyone. “No matter what I do here today, I can’t fix anything,” he told those gathered in the courtroom. “I can’t satisfy anybody.” He said he had carefully read each and every page, including the attachments and all letters before coming to his decision.

Batesville man sentenced on Child Molest charge
In another case earlier this month, Carl Lochard, Batesville, pled guilty and was sentenced to 30 years in prison for Child Molesting. The 64-year-old pled guilty to one count of Child Molesting, a Class A felony, for crimes he committed in Batesville in 2006 and 2007. He was arrested in March of 2007 and has been incarcerated since due to his bond never being posted.

Prosecutor Ric Hertel was pleased with the 30-year sentence that came with no time suspended. He noted, “Given the defendant’s age and the sentence he received it is highly unlikely that he will have an opportunity to re-offend.” He also commended Batesville Police Chief Stan Holt saying, “He did an outstanding job investigating the crime and seeing this case through. Because of his work in this case, the juvenile victims will not be subjected to the hardship and rigors that almost always accompany a child molest trial.”

The prosecutor told The Versailles Republican that this was a most disturbing case where the defendant lured young boys between the ages of 11 and 13 to his apartment where he offered them cigarettes, alcohol, and video games in exchange for sexual favors.

Sex offenders are mandated to register on June 4
There are 48 known sex offenders living in Ripley County. This knowledge and the fact that two more have been added to the list with recent convictions, make Sheriff Tom Grills concerned about the safety of everyone, particularly children. He has implemented a mandatory collective registration of all sex and violent offenders for June 4 at the sheriff’s office in Versailles.

All sex and violent offenders, regardless if they have already registered for the year, are mandated to appear at the sheriff’s office on the above date to register. If an offender cannot attend due to employment, they must provide written documentation from their employer. The sheriff noted, “They have to have a legitimate excuse to reschedule.”

After taking office in January of 2007, Sheriff Grills began researching the registry to make sure everyone was accounted for. What he found was the program hadn’t been closely watched and people were slipping through the cracks. He made this a priority and has been diligently working on rectifying the situation. “I have to know where every offender is,” he stated, saying the public has a right to know for safety reasons. He has been working closely with the prosecutor’s office on the situation. Prosecutor Hertel noted that he supports the efforts of the sheriff.

According to Toni Gray, deputy matron, who is heading up the registry paperwork, 48 letters have been sent to these offenders who are presently living in Ripley County. To see if one lives next to you, you can access the sheriff’s website at: ripleycounty.com/sheriff then click on sex offenders. There are 16 Ripley County offenders presently in jail or prison. If anyone knows or suspects an offender has moved in next to them, they are encouraged to call the sheriff’s office at 689-5558. Gray explained that people sometimes move in from other states and do not register.

The mandatory roundup, together with the diligence of officers, prosecutors and judges, is a proactive approach to keeping children safe from predators listed on the registry. Sheriff Grills asks everyone to become involved in making the community safer.

Editor’s note: Yet another case of sex crimes against children will be sentenced today, May 29 in Ripley Circuit Court. Patrick Michaud will be sentenced on charges of Sexual Misconduct With a Minor.

WOODY BUSH PHOTO Vincent Simon is being led by Sheriff Tom Grills, left, and Chief Deputy Captain David Pippin, followed by Deputy Rob Bradley from the Ripley County Courthouse Wednesday after he was sentenced to 12 years in prison on three Child Molest charges.