UPDATE:: Louisville priest appealing 7-year prison sentence, saying there was 'no intent to abuse' 10-year-old victim
Fr. Joseph Hemmerle, convicted of abusing a boy in the 1970s, is appealing to three judges to reconsider his case.
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At trial, Hemmerle testified he would apply lotion to the genitals of child campers for poison ivy, but he denied ever abusing any children.
The jury, in 2016, found Hemmerle not guilty of carnal abuse but guilty of indecent or immortal practices by inappropriately touching Norris. The judge sentenced Hemmerle to seven years in prison. Then in December 2017, after less than a year behind bars, Hemmerle’s request for parole was denied.
On Tuesday afternoon, Hemmerle’s attorney, David Lambertus, presented his case for appeal. Lambertus argued Hemmerle never performed an indecent act on the victim, that there was no intent to abuse the victim, that the verdicts were inconsistent, that the jury was given inconsistent instructions and that the two counts did not differentiate and needed to be merged.
Hemmerle’s attorney told the judges that like a doctor has to touch, poke or prod a patient, Hemmerle had to touch the children in order to treat their poison ivy. He said the commonwealth failed during the trial to prove there was any intent to abuse, so there was no crime.
UPDATE:: Priest convicted of abusing boys in 1970s could soon be released on paroleA Meade County judge has denied a probation request by a Roman Catholic priest found guilty of molesting a boy at a summer camp in the 1970s.
In February, a judge sentenced Hemmerle to seven years in prison for “indecent or immoral practices with a minor.”
Then in June 2017, Hemmerle pleaded guilty to sexual abuse charges brought forward by another victim. A judge sentenced Hemmerle to another two years in prison on top of the existing seven.
After about 10 months in prison, Hemmerle is up for parole. A parole board must consider his sentence, the details of the case, his inmate history and a victim impact hearing.
Norris also expressed concern Hemmerle would continue to abuse children if the board decided to release Hemmerle on parole.
Joseph Hemmerle, 75, was found guilty at trial in November 2016 of a single count of immoral or indecent practice with a child and was sentenced to seven years in prison in February.
His
accuser, Michael Norris, had testified that at Camp Tall Trees in 1973,
Hemmerle told him to report to his cabin one night to treat poison ivy.
The priest told him to strip and stand on a stool before touching him
sexually with his hands and mouth, Norris testified.
Louisville priest convicted of sexually abusing youth denied probation
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