AUGUSTA — A man convicted of repeatedly sexually assaulting a girl at his Augusta home when she was between the ages of 6 and 12 was sentenced to 25 years in prison Friday by a judge who chastised him for failing to take responsibility for his actions.
Kenneth D. Marin, 61, of Jay, who previously had a home in Augusta, was convicted of sexually assaulting a girl, to whom he was a trusted family friend, frequently over the course of several years.
Marin, who has no prior criminal record and who continued to claim his innocence, stood in court to say he’s a trustworthy, law-abiding man who served in the military, law enforcement, and the federal government over his lifetime, and that he’s not capable of committing the acts a jury found him guilty of at trial for many reasons.
“I’m not capable of this stuff,” Marin, wearing a suit and tie, said at the Capital Judicial Center on Friday. “No laws were ever broken. I don’t know what to say. I’m completely in awe of this and at the verdict. I’m beyond shocked on this.”
Superior Justice Daniel Mitchell, who presided over Marin’s trial, delivered the sentence with no time suspended.
Mitchell said there is no debate about what happened, and the jury reached a clear and unanimous verdict in convicting Marin on three counts of gross sexual assault, two counts each of unlawful sexual contact and unlawful sexual touching, and one count of tampering with a witness.
“What happened here was a longstanding course of conduct by the defendant toward the victim in this case, starting when she was 6 years old and lasting until she was 12, that involved repeated sexual assaults by an individual who was a trusted figure in the victim’s life,” Mitchell said.
Mitchell said Marin’s lack of remorse left him concerned about the safety of the public, and if released early on probation on a suspended sentence, Marin might reoffend. His 25-year prison sentence will be followed by lifetime supervision upon his release.
“I think the reality I’m living in, and you’re living in, appear to be two different realities,” Mitchell said. “Because to this day, you came into court and are not accepting responsibility for what you’ve done. That is a serious aggravating factor.”
Darrick Banda, Marin’s attorney, said a 25-year sentence for someone of Marin’s age amounts to “a de facto life sentence.”
Banda argued for a 20-year sentence, with all but 10 of those years suspended. He emphasized Marin’s lack of criminal record and respected career of service over his lifetime.
“A 10-year sentence essentially puts Mr. Marin into custody until his early 70s, if he actually lives that long,” Banda said. “It gives him a chance to potentially make it out of custody and continue on with whatever life he has at that point. If you impose a harsh, 20- or 30-year sentence, it’s essentially a de facto life sentence.”
Banda spoke with Mitchell about a lawyer being appointed to represent Marin in an appeal of the case.
The girl subjected to Marin’s sexual assaults said in court, even with all the hurt he caused, she’s not broken and never will be broken, even though he tried to make her seem like a monster to the jury during his trial.
“With all these horrible things you’ve done, and feeling no remorse and still taking no accountability for your actions, I still say, I’ll forgive you,” the girl said to Marin, who kept his head down, not turning to look at her as she spoke. “Not for your sake, but for my sake.”
Her mother, who has known Marin her whole life, said maybe one day she might forgive him, but right now, she can’t.
“I trusted him with my daughter, with my world,” she said. “I’ve known him my whole life, and he took advantage of me and my situation.”
Prosecutor Shannon Flaherty, a Kennebec County assistant district attorney, said while Marin was charged with eight criminal acts, hundreds of sexual assaults were committed by him over six years at his home and on camping trips in his camper van. She said the acts were horrific and pervasive, and Marin sought to use his own grandson, a friend of the girl, to help him get away with them.
The tampering with a witness charge was due to Marin telling his grandson what to say to authorities after Marin learned he was under investigation.
Marin and his wife, court testimony indicated, submitted letters to the court before his sentencing, claiming his health problems, including prostate cancer and erectile dysfunction, made it impossible for him to have committed the sexual assaults.
However, Flaherty said Marin did not file, either during his trial or since, any medical records confirming that he suffers from any of those medical conditions.
HOW TO GET HELP
IF YOU or someone you know has experienced sexual violence, you can call 1-800-871-7741 for free and confidential help 24 hours a day.
TO LEARN more about sexual violence prevention and response in Maine, visit the Maine Coalition Against Sexual Assault website.
IF YOU or someone who you is struggling with a mental health crisis, you can also call the Maine Crisis Line 24 hours a day at 1-888-568-1112.
FOR MORE information about mental health services in Maine, visit the website for the state’s chapter of the National Alliance on Mental Illness.