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Man receives prison sentence for years of sexual abuse

By Jim Dalrymple - Daily Herald - | Apr 13, 2012

PROVO — The mother of a sex abuse victim clenched her jaw Thursday in a cramped Provo courtroom. When perpetrator Jeffery Kitchen stood, weeping, and said he was sorry for the abuse, the victim’s mother shook her head defiantly.

Kitchen’s remarks were made during his sentencing hearing, which concluded when Judge Darold McDade sent him to prison. Kitchen pleaded guilty in January to two counts of rape, both first-degree felonies, and two counts of forcible sexual abuse, both second-degree felonies, for abusing a girl repeatedly over the course of years. After more than an hour of listening to comments, McDade sentenced Kitchen to five years to life in prison for each of his rape convictions.

McDade ordered that the two sentences run consecutively, meaning that in theory Kitchen should spend at least 10 years in prison, though the parole board could potentially keep him behind bars for less time. Kitchen also received a pair of one-to-15-year sentences for his forcible sexual abuse convictions. Those penalties will run concurrently with his rape sentences.

McDade’s ruling ended a lengthy and emotional hearing. Before Kitchen’s comments, the victim’s mother addressed the court and said her daughter’s three years of abuse were a “personal hell” that would have lasting repercussions. 

”She disclosed so many awful things in this moment that I was physically ill,” the mother recalled of learning about the crimes.

The victim’s mother also asked the judge to impose a prison sentence, calling Kitchen a “master manipulator.” At another point, the victim’s grandfather added that the girl was too terrified of Kitchen to attend the hearing herself.

”This happened day after day, week after week, year after year,” the grandfather said of the abuse. “Jeffery Kitchen is an evil sexual predator.”

But defense attorney Mike Esplin spent considerable time during the hearing outlining the progress Kitchen has made recently. During his comments, Esplin questioned psychologist Jonathan Ririe about Kitchen’s treatment since the case began in 2011. Ririe said that Kitchen “absolutely” took responsibility for his actions and was a good candidate for counseling.

Esplin also argued that Kitchen has significant financial obligations from two former marriages that he couldn’t meet if sent to the state prison. In addition, Esplin argued that if Kitchen avoided prison time he could help the victim by paying for therapy or schooling. 

”Restitution would be severely compromised by incarceration,” Esplin explained, adding that Kitchen also voluntarily confessed to the abuse.

Esplin ultimately asked that Kitchen receive probation and a “substantial” prison sentence of up to one year.

Prosecutor Julia Thomas countered that the state had considered the mitigating factors when drafting the charges and plea bargain. She pointed out that because the abuse occurred over the course of years, Kitchen could have faced many more first-degree felonies.

”To grant him probation, like this is a misdemeanor, it would be a miscarriage of justice,” Thomas argued.

In the end, McDade went even further than prosecutors had asked. As part of the plea bargain, Thomas had agreed to recommend that the sentences for Kitchen’s rape charges run concurrently, meaning Kitchen would have been in prison for a minimum of roughly five years.

McDade, however, imposed the 10-year minimum after describing the case as particularly serious.

”I just can’t get out of my mind what has happened here,” he lamented.

After McDade ordered Kitchen to report to prison immediately, a pair of armed guards closed in and led him away.