BY ROB ANDERSEN
Francis Notoro's motion to modify his prison sentence was denied by Judge Gregory Hammond on Thursday afternoon.
Notoro again refused legal counsel, telling the judge, "I'm fine representing myself, Your Honor."
He began his testimony saying, "You stated I was incompetent to defend myself, you tested me, I'm intelligent enough, I did it. You mocked me in the (news)paper. God is going to defend me."
He added, "You don't understand. I was aiming directly at the bed (when he struck his son)."
Notoro said he had written letters to a Children and Youth representative explaining what happened; that information was not presented at trial.
Hammond asked him, "Did you present this at sentencing? I haven't seen anything. Had you submitted (information), I would have included it in the sentence package. I can't rule on what I don't see."
Notoro said that the jail warden told him he didn't need his paperwork for sentence court.
Notoro admitted, "I do recommend state (prison) time for myself, I want anger management. I need to deal with the (expletive deleted) I saw over there (referring to Iraq). There are things I need to triumph over before I can become a normal person. I need to make a plausible, feeble (sic) effort for my son."
Hammond told him, "I appointed (Assistant Public Defender) Mr. (Alan) Conn. Did you reach out to him to see what you could do?"
Notoro replied, "I didn't tell anyone what I was going to do until the day of the trial."
Hammond responded, "That's water over the dam."
Warren County District Attorney Ross McKeirnan testified that he believed sufficient evidence was put forth. "He is a deviate, a predator. He is definitely twisted," he said of Notoro.
Hammond said he presented specific reasons why he sentenced Notoro outside of the sentencing range. Referring to Notoro's two-month-old son, he said, "He was in your exclusive care. Whether it was intentional or unknowing he suffered extreme injuries. He required emergency room attention, you did not seek immediate medical care. You didn't disclose how the injuries happened and lied to the doctors."
He added, "I saw remorse in front of the jury, but not in any statements throughout the course, up to and including today. You blamed a four-year-old, you blamed your wife's housekeeping skills. The situation is so far removed from simple assault."
Hammond closed with, "On that basis, I am denying the modification."