A Mendon man was sentenced to prison on Monday, bringing to close a sexual assault case from 2018.
Kay Kenneth Moosman, 61, was sentenced to 1-15 years in the Utah State Prison during his appearance in 1st District Court despite recommendations for jail and probation.
Moosman pleaded guilty in February to two counts of second-degree forcible sexual abuse. Initially charged with five counts, including three first-degree felonies, Moosman’s charges were amended as part of a plea deal. Prosecutors agreed to dismiss remaining charges and may recommend some jail time in lieu of prison.
Judge Brandon Maynard said the case was “difficult” but imposed concurrent sentences of 1-15 years in the prison and ordered Moosman to report to the Cache County Jail by Monday evening.
Prior to sentencing, defense attorney Greg Skordas told the court Moosman had been compliant with court orders and had already served 76 days in the Cache County Jail. Skordas said the case had a “very contentious” history, but that Moosman had taken responsibility for his actions.
Moosman briefly addressed the court, stating he was “truly, deeply sorry.”
“This is something I’ll have to carry for the rest of my life,” Moosman said. “I do truly wish (the victim) the best in this circumstance.”
According to Cache County prosecutor Griffin Hazard, however, statements from Moosman indicated he had not taken responsibility and had claimed to have been “set up” by the victim.
Hazard described the facts of the case and said the plea deal and sentencing recommendations were not intended to “downplay” the events that were “obviously traumatizing for the victim.”
“The state will not be recommending prison today,” Hazard said, but rather one year in jail for each count.
The victim addressed the court through her attorney Heidi Nestel, who also indicated Moosman had not taken true responsibility in the case. Nestel said the incident was not isolated and described a pattern of abuse from Moosman that included “blackmail” and disobeying court orders.
“He tries to blame the victim,” Nestel said, explaining Moosman doesn’t recognize the significance of his actions. “There is a high risk that he will do this again.”
Nestel recommended Moosman receive sex offender treatment at a “premiere” program at the Utah State Prison.
In a brief rebuttal, Skordas said while prosecutors were in line with the plea deal, the recommended jail time was inconsistent with prior conversations and “incredibly offensive.” Skordas also took issue with Nestel’s recommendation for prison and facts she presented to the court.
With respect, Skordas said, “I don’t agree with a single word that she said.”
For Skordas, the victim in the case made several allegations that may not have been true and again spoke to the contentiousness of the case.
Charges against Moosman were initially filed nearly three years ago after Cache County Sheriff’s Office deputies were provided with “several videos and photos” of the alleged victim being sexually assaulted “while she was passed out asleep.” Charges were also filed against others who allegedly helped destroy electronic devices that belonged to Moosman.
Moosman ultimately pleaded guilty to touching the victim without her consent.