Hollister
– San Juan Bautista resident William Lavagnino Jr., 53, was
sentenced to serve 150 days in the county jail and comply with the
stringent terms of a five-year probation for the attempted
molestation of an 11-year-old girl neighbor and the possession of
child pornography Wednesday morning at the San
Benito County Courthouse.
Hollister – San Juan Bautista resident William Lavagnino Jr., 53, was sentenced to serve 150 days in the county jail and comply with the stringent terms of a five-year probation for the attempted molestation of an 11-year-old girl neighbor and the possession of child pornography Wednesday morning at the San Benito County Courthouse.
During the sentencing hearing, San Benito County Superior Court Judge Steven Sanders gave stern warnings to Lavagnino about following the conditions of his probation and staying away from the 11-year-old girl he allegedly molested.
In attendance were Lavagnino’s mother and sister; absent was the victim’s family. In their place was a victim’s impact statement, which may have kept Lavagnino from being sentenced the maximum of four years in prison for his no-contest pleas. The court was swayed by the victim’s impact note and accompanying letters of testimony on behalf of Lavagnino from family members and friends, San Benito County District Attorney John Sarsfield said.
The victim’s impact statement, written by the victim’s father, told the court the family is very concerned with Lavagnino’s proximity to their daughter, but deemed probation and treatment to be appropriate sentences in place of imprisonment.
Sanders set stringent probation terms in place of a lengthy prison sentence.
“Frankly my initial reaction was not for court probation,” Sanders said during Wednesday’s sentencing hearing. “He preyed on the very vulnerable.”
The terms of Lavagnino’s five-year probation include abstention from drugs and alcohol, abstention from Internet use to access pornography, submission to the search and seizure of his personal computer by probation officers, enrolling in an appropriate sexual offender program, paying more than $2,000 in court fines and fees, and staying 100 yards away from the victim. Lavagnino will have to register as a sex offender.
San Benito County Sheriff Curtis Hill said he didn’t think the sentence sent a strong enough message.
“I’m disappointed in the system,” he said. “But it’s the only system we’ve got. We were able to stop a pedophile; it’s just too bad we couldn’t have a stiffer sentence to send a message.”
Lavagnino lives with his parents because of disabilities and dependency issues, said Peter Leeming, co-counselor to Lavagnino. The Lavagninos’ home is within 100 yards of the victim’s home. Sanders set conditions on the restraining order such as to allow Lavagnino to come and go from the house, but any contact, including eye contact, with the victim will result in a violation of probation. Lavagnino is to directly go to and from the house, Sanders said.
“I’m not going to tolerate any deviations,” Sanders said. “I don’t even want them to see you, and if that can’t happen, I want you to move to accommodate the family that has been victimized.”
Sanders added that the maximum prison penalty would be considered if Lavagnino violates the restraining order terms.
Leeming said probation was appropriate for Lavagnino’s case since no physical molestation occurred.
“This is on the lighter side of the scale,” Leeming said. “I think the victim and her family realized that.”
Moving Lavagnino away from the victim is still a possibility, Leeming said. But Sarsfield would not take any chances.
“If it were my client I’d tell him to get as far away as possible,” Sarsfield said.
Sarsfield said he thought the sentence was fair. He also said that the plea bargain deal allowed the victim and her family to avoid the stress and publicity of a court trial.
The victim’s mother contacted the San Benito County Probation Department in late October and said the victim is fine, showing no signs of distress, has suffered no ill effects and is not in counseling, but that the parents are concerned because of Lavagnino’s proximity to their family.
“Due to the specific proximity of both our home and the defendant’s home, that a comprehensive restraining order be set in place,” the victim’s father requested in the victim’s impact letter. “We would hope that the defendant be prohibited from any and all contact with our daughter and our family, or at the very least, our daughter.”
Lavagnino was arrested in December of 2005 by San Benito County Sheriff’s deputies after the victim’s father contacted police. Among the pornographic material seized from Lavagnino’s home was a 42-page document titled “Introduction and Beginners Guide to Survival in Preteen Erotica,” and hand-written notes specifically for the victim. The guide explains how to use Internet news groups to gain access to child pornography, according to investigators.
Investigators said Lavagnino took advantage of a position of trust to commit the attempts of child molestation, according to the probation department report.
The San Benito County Sheriff’s Department became aware of Lavagnino’s activities when the father of the victim presented investigators with nine sexually-themed, hand-written notes addressed to the victim and signed “Billy.” In one letter Lavagnino apologized for losing control and stated that “Us boys will just have to stop when you girls say ‘no’ regardless of how horny we are,” according to sheriff’s department reports. He also told investigators that he had been viewing child pornography on the Internet for a period of three years, according to incident reports.
In a letter to the probation department, Lavagnino took responsibility for his actions and admitted remorse for any pain he may have caused the victim and the victim’s family.
“The harm I caused (the victim) and her family is obvious,” Lavagnino wrote in his letter. “Maybe it was not physical but it definitely was emotional and emotional hurt can be just as bad. In closing I would like to say that I am very sorry for what I did to (the victim) and I am committed to making myself a better person.”
Letters from family and friends in support of Lavagnino say he is gentle, non-violent, capable of rehabilitation and is deeply sorry for his actions.
Dr. James Eddy completed a psychological evaluation of Lavagnino in September. Eddy’s evaluation found Lavagnino to be atypically candid about his sexual fantasies, impulses and background, and highly motivated to gain control of such fantasies and impulses, according to the probation department report. Eddy said he would be surprised if the victim had a strong need for Lavagnino to be incarcerated, according to the probation department report.
Eddy diagnosed Lavagnino with “Pedophilia, Attracted to Females, Exclusive Type,” according to the probation department report.
Lavagnino has been voluntarily enrolled in sexual abuse counseling through Pacific Treatment Center since January. He began attending Sex and Love Addicts Anonymous in early June, and has attended 15 meetings since, according to the probation department report.
Leeming said Lavagnino plans to voluntarily enter Del Amo in Los Angeles, a residential sexual offender program, to help with the rehabilitation process.
“I am committed to attending the Del Amo program even if not ordered to do so by the court,” wrote Lavagnino in a letter to the probation department asking for leniency at sentencing. “Because I want the tools I need to prevent this type of behavior from ever happening again.”
Lavagnino will begin serving his five month prison sentence on Thursday.
Michael Van Cassell covers public safety for the Free Lance. He can be reached at 831-637-5566 ext. 335., or
mv*********@fr***********.com
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