Sentence against Tiona man to stand, new trial motion denied
A sexually violent predator sentenced to decades in state prison has had a request for a new trial rejected.
Kelly E. Patz, 50, Tiona, had the motion rejected by Judge Gregory Hammond on Friday. Hammond handed down a minimum 19 year sentence to Patz back in September in the wake of a split verdict at a jury trial.
Patz, allegations detailed, hired the victim to work for him and repeatedly sexual assaulted him — in exchange for cash — over a period of years.
Tyler Lindquist, representing Patz, told the court that the verdict in the case ran counter to the weight of the evidence, challenging inconsistencies in the victim’s testimony.
He also argued that a standard range sentence would be roughly one-third what Hammond imposed.
Alicia Werner with the state Office of Attorney General said a new trial shouldn’t be granted on the sole basis of conflicting testimony, suggesting the inconsistencies Lindquist identified were just matters of timeline.
Werner said Hammond gave a “great abundance” of support for the sentence he imposed. She highlighted Patz’ predatory behavior and said “he manipulated his (the victim’s) innocence and family history.”
Hammond said there is “absolutely nothing” to the assertion that the jury had insufficient evidence to find Patz guilty and emphasized that the victim’s testimony on the sexual abuse was consistent.
He said that part of the “mystery and wonder” of jury deliberations is that he doesn’t know what they considered but knows that they were instructed on how to reconcile conflicting testimony.
“This jury ultimately concluded the victim was” telling the truth, he said. “The jury believed the victim and that’s not grounds for a new trial.”
Hammond reiterated the reasons why he imposed the sentence — the impact on the victim, Patz as a “grave danger” to the community, no contradictory evidence on the assertion Patz is a sexually violent predator and that he has not accepted responsibility and is a poor candidate for rehabilitation.
“I do not believe I abused my discretion,” he concluded in denying the motion.




