Judge says protection of public from man who preys on children is paramount
By Heather Ruenz
SLN staff
At the sentencing last week of a Walworth man found guilty by a jury of repeated sexual assault of a child and three counts of causing a child to view sexual activity, the father of a victim spoke to the defendant, Silverio Moreno.
“You were welcomed into my home at one time…” the father said April 6 before becoming visibly emotional and pausing before continuing “…and you took advantage of someone afraid to do anything about it. You took advantage of someone who played with your children.”
The father told Moreno he has “negatively impacted many peoples’ lives, some who will be affected forever. You should know you’re in a better place right now and your children are in a better place with you here.”
The father, who is not named to protect the identity of the victims, asked Walworth County Circuit Court Judge Kristine Drettwan to consider the involvement of two other victims in her sentencing though Moreno was only tried for sexually assaulting one child. Whilst Moreno could have searched for something like “Attorneys Near Me, Lawyers in Greenville, SC: Fourth generation Litigation Law Firm dating back to 1906” to find a criminal lawyer to defend him, the odds, in this case, were stacked against him.
Hailey Jo Johnson, of the Walworth County District Attorney’s office, said in her statement at the sentencing that Moreno was friends with the father of the victim – who was reportedly assaulted by Moreno when she was between the ages of 8 and 12 – and took advantage of that trust.
“She did not initially understand what he did was wrong… but she started to realize what he was doing was wrong but was afraid to tell anyone,” Johnson said.
Moreno assaulted the girl at least seven different times, Johnson said, and the victim was able to “describe many of them in great detail. Not only did he assault her but he made her touch him and watch videos, telling her they could do those things.”
“Not only did it affect her but her family who have felt guilt for letting her be around him. I agree with (the father who spoke) and even though there are no charges doesn’t discount what the other victims said,” Johnson said.
One of the other two victims, Johnson said, recalled being 4 years old when Moreno assaulted her, and he did so again when she was an adolescent. Both reportedly testified at Moreno’s trial.
Johnson also discussed the long-term affects of people who have been sexually assaulted as children.
“We have trials and jury members who are in their 60s and 70s who will go back in chambers and cry, saying this happened to them. The harm doesn’t go away,” Johnson said.
Referring to the length of time during which the assaults took place and the degree of them, repeatedly, Johnson recommended a sentence of 17 to 20 years initial confinement followed by 10 to 15 years of extended supervision.
“I ask you to rely on my statements and those of (the victim’s father) and the victims’ statements,” Johnson said.
She also asked that the conditions of the extended supervision include that Moreno have no contact with the families involved; that Moreno not be allowed to work near children, and; that he attend counseling.
Michelle Anderson, the defense attorney for Moreno, began her statement by reminding those present that the sentencing was for the jury verdict.
“I can’t un-ring the bell. The court heard the other witnesses and I’m not naïve that those statements were heard, but it should be on record he (Moreno) is here for the assault he’s charged with and been found guilty of,” Anderson said.
Anderson said Moreno and his family, including his wife and children, are affected as well.
“The court is also required to look at his character. Mr. Moreno doesn’t even have a traffic ticket. He has a work ethic and has the ability to learn job skills. He’s proven that, and it should be considered,” she said.
Anderson said Moreno had not been a victim of sexual assault but had described what “may constitute physical abuse. Because of that situation, Mr. Moreno had to grow up quickly and help raise his siblings. After arriving in the U.S., he met his wife, and they were married. This is a man who has been married for 10 years but there’s been no infidelity.”
Moreno and his wife have two children, Anderson said, and he’s provided for his family and been involved in raising his children.
“There’s been no indication of any abuse with his own children, and that should be noted,” she said.
Anderson said it is important for the court to understand that Moreno is open to treatment and that the likelihood of him re-offending is mitigated by treatment, referring to the report of psychologist Melissa Westendorf.
Anderson recommended initial confinement of five to eight years with 10 to 15 years of extended supervision.
Drettwan, prior to taking a recess to consider what sentence to hand down, gave Moreno the opportunity to speak.
“I don’t have anything to say,” Moreno said through an interpreter.
Crimes not taken lightly
Drettwan reviewed the factors she had to take under consideration including punishment, rehabilitation and deterrent to the community.
She said it’s important for the community “to see these types of crimes are not taken lightly and are not swept under the rug as they have in years past.”
Drettwan revisited the testimony of the first witness at the trial, the school counselor of the primary victim.
“The counselor had been told by a teacher (the victim) may have been sexually assaulted and was cutting herself. When the counselor approached the topic, (the victim) went from being happy to breaking down sobbing and had to be held for a long time before she could speak,” Drettwan said.
Drettwan said the counselor said the victim told her Moreno had “touched her and touched her a lot, inside of her clothes, and made her watch movies. He told her not to tell. As she got older, she would lock herself in her room so she wouldn’t have to be around him. That’s not normal thinking for an 11-year old.”
“The protection of the public is paramount. You prey on girls who you have an opportunity to molest. This is about as serious as it gets – taking advantage of these girls through friendships with their fathers,” Drettwan said.
Drettwan noted Moreno’s character, including that he has no prior criminal record.
“I am only sentencing you for what you did to (the victim) but I have to consider the other two. What you did to all three is unspeakable,” she said.
Drettwan referenced Westendorf’s assessment, which included an initial determination that Moreno might have pedophiliac disorder.
“(The doctor) questions whether or not the assaults happened because the victim was readily available. Treatment may clarify the diagnosis, but she said you are in denial. I certainly respect her opinion but whether or not (the victim) was readily available or you’re a true pedophilia doesn’t really matter to me,” Drettwan said.
“I do consider this to be an aggravated crime because you did prey on children through your friendships, multiple times for years,” she said.
“One of the factors I need to look at is whether you’re remorseful, but you denied the crime and blamed the victim and the victim’s mother for making it up, and that is absolutely your right,” Drettwan said.
“But the jury made it’s decision, which I think was absolutely correct, based on the testimony at the trial including that of (the victim),” she said.
Drettwan sentenced Moreno to 16 years initial confinement with 10 years extended supervision for repeated sexual assault of a child. On the three counts of causing a child younger than 13 years old to view or listen to sexual activity, she sentenced him to two years initial confinement and two years extended supervision on each count, concurrent to each other but consecutive to the first count.
Under the stipulations of the extended supervision portion of the sentencing, Moreno may have no contact with minors including the families of the victims; may not use the Internet except with permission; must maintain employment; may not use drugs or alcohol; may not possess firearms; may not vote; and must register as a child sex offender.
Time served by Moreno, who has been in custody since September 2015, will be applied to his sentence. Moreno has an outstanding warrant, could be taken into U.S. Immigration and Customs Enforcement custody at any time and be deported, Anderson said.
Drettwan said whether Moreno will serve his entire sentence before being deported is in the hands of the federal government.
