The Atlanta Journal-Constitution

Montana judge is criticized for sentencing dad 60 days for incest

- Niraj Chokshi

A judge who sentenced a Montana man to 60 days in jail for incest with his 12-year-old daughter is facing a firestorm of criticism and an impeachmen­t effort by those who view the sentence as far too light.

The state had recommende­d the 40-year-old father of three serve a 100year prison sentence with 75 years suspended — in effect, 25 years — and the dismissal of two other incest charges as part of a plea deal.

“A father repeatedly raped his 12-year-old daughter,” Valley County Deputy Attorney Dylan Jensen said during the sentencing hearing Oct. 4, according to reports.

But in handing down his sentence, Judge John C. McKeon noted that lawyers for the defendant could argue for a less-severe punishment if an evaluator recommende­d treatment in a local community.

Weighing the evaluation and several other factors, McKeon imposed a 30-year sentence, all of it suspended so long as the man meets certain terms. The defendant must also register as a sex offender.

“The sentence may not be a popular decision by certain members of the general public, but it is a just and proper decision,” McKeon wrote.

To critics, however, the decision represente­d a breakdown in the system.

“The victim only had the justice system on her side, and it failed her,” the organizer of a petition calling for the judge’s removal wrote.

Since being posted a week ago, the Change.org petition to impeach McKeon had attracted more than 55,000 supporters.

Whatever the results of the petition effort, McKeon will be leaving his job soon: After 22 years, he plans to retire Nov. 30, according to The Billings Gazette.

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