April 26, 2017 at 4:44 p.m.
Hartford man sentenced to prison for Hazelhurst child sex crime
Hartford man sentenced to prison for Hazelhurst child sex crime
Branch II judge Michael Bloom handed down the sentence to Robert H. Weiss April 19, after he pled no contest to using a computer to facilitate a child sex crime, a Class C felony. Another class C felony, second degree sexual assault of a child under 16, was dismissed but read into the record for sentencing purposes.
A class D felony charge of child enticement was dismissed outright as a part of a plea agreement.
The charge to which Weiss entered his plea carries a mandatory minimum sentence of five years in prison under state statutes.
A pre-sentence investigation (PSI) as well as an independent evaluation requested by Weiss' attorney, Mary Roth Burns were conducted prior to the sentencing hearing.
In his sentencing argument, district attorney Michael Schiek referenced the messages Weiss and the teen exchanged, first through a website and then through texts. He argued Weiss was manipulating and grooming the girl. He also noted that the girl stated her age during the course of the couple days that the two communicated.
"There is no misunderstanding that she told Mr. Weiss how old she was," Schiek said.
Schiek also denied claims that Weiss had made that he was being "railroaded" on the charges. Weiss was convicted of two counts of second-degree sexual assault of a child and second- degree sexual assault of an unconscious victim in 2004 in Washington County and served four years in prison before the conviction was overturned by the Wisconsin Court of Appeals due to prosecutorial misconduct. The charges were dropped after prosecutors decided against retrying Weiss.
Schiek alluded to that as he asked Bloom to sentence Weiss beyond the mandatory minimum.
"I find it hard to believe this is the first offense," Schiek said.
Burns pointed out to Bloom that the girl was using a website that clearly states users have to be at least 18, and that while what her client did "was morally wrong," he did nothing illegal. She said all her client did was bring the girl two pregnancy tests that she asked him to bring.
Speaking on his own behalf, Weiss also noted the child was using an adult website.
"I had no reason to believe she wasn't 18," he told Bloom. "I, in no way, sexually assaulted this girl."
He asked for the mandatory minimum, arguing he has numerous health and psychological issues that would not be adequately addressed by the prison health care system. He also repeatedly apologized for what had happened.
Bloom said that of the many things he has to take into account at sentencing, the gravity of the offense is this overriding factor in this case.
"Good, bad or otherwise, that is the starting point," Bloom said.
He also noted that it took five hours for Weiss to drive to Hazelhurst from Hartford to meet with the girl, an issue that could not be disputed.
"I don't have to assume everything happened the way Mr. Weiss said it did," Bloom said. "Because I don't."
Bloom also said the public obviously needs to be protected from Weiss.
In addition to the sentence of initial confinement and extended supervision, Bloom ordered Weiss to pay $1,000 in restitution. He was granted credit for 174 days served while his case progressed. He also must register as sex offender for the rest of his life.
Weiss could have received a maximum of 40 years in prison and a $100,000 on the charge.
Jamie Taylor may be reached at [email protected].
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