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Life sentence in lewd case

by Keith KINNAIRD<br
| March 5, 2010 8:00 PM

SANDPOINT — A Washington state man convicted of lewd and lascivious conduct with a 5-year-old Bonner County girl has been given a life sentence.

Mark Richard Boncz will have to serve 15 years of the sentence before he becomes eligible for parole. Boncz vowed to appeal when he was sentenced by 1st District Judge Steve Verby on March 1.

Verby convicted Boncz of the offense following a bench trial last November. Boncz opted to be tried by the court after it was divulged during jury selection that he had been previously convicted of a sex offense with a minor in Bonner County in 1987.

Boncz, 54, of Newport, was indicted by a grand jury last year. He was accused of molesting the girl while living in a travel trailer behind her family’s home in 2005.

The victim’s mother called Boncz’s conduct an “unforgivable” betrayal.

“He took innocence from (my daughter) and a trust from her,” the mother said. “I’m letting you know that you have hurt our family, but (my daughter) is a survivor and she is strong.”

Bonner County Prosecutor Louis Marshall recommended a sentence of 15 years to life.

“Mr. Boncz,” Marshall said, “targeted this family. It’s very, very clear that he did. He deserves a very, very strong sentence.”

Chief Public Defender Isabella Robertson said Boncz instructed her restrict her recommendations to just two — credit for 260 days he’s already served and leave the rest of the sentence up to the court.

In a rambling statement that stretched more than a half an hour, Boncz accused the victim, her parents and law enforcement of perjuring themselves during the grand jury hearings and at trial.

Boncz further argued that testimony in the case was rife with inconsistencies and he did not receive effective assistance from counsel at trial.

“This family obviously has a problem with me or is covering for somebody,” he said.

A psychosexual evaluator who examined Boncz concluded his sexual recidivism risk was 12-17 percent, a level which was too high for the court’s comfort.

“There have now been two victims,” Verby added. “Those two victims will live with the result of your actions for the rest of their life. They will be struggling with those issues and continue to struggle with those issues because of the events that took place.”