1/6/11 hershbergers sentenced

  • By Nick Sabo
  • January 6, 2011
  • 740
                        
Brothers accused of engaging in inappropriate sexual conduct with a young girl were sentenced Thursday/Jan. 6 in Holmes County Common Pleas Court. Jonas Hershberger, 46, 2162 Main St., Winesburg, and Pal Hershberger, 7695 Township Road 671, were both sentenced by Judge Mark K. Wiest to four years in prison on reduced charges of gross sexual imposition. Wiest granted credit toward the sentence for about one year time served by the two brothers while awaiting the outcome of their cases in jail. The two brothers were originally charged with rape, which, because of the victim’s age, carried mandatory sentences of life in prison. Both Jonas and Paul entered guilty pleas to charges of gross sexual imposition under the Alford doctrine, which allows a defendant to plea without admitting guilt. The pleas were deemed acceptable to the court because the Jonas and Paul faced a much higher penalty as originally charged. The charges were brought to light after the victim, a girl who was age five at the time, disclosed allegations against the two brothers. Both Jonas and Paul made confessions to Holmes County Sheriff’s deputies, according to Prosecuting Attorney Steve Knowling. Jeff Kellogg, who represents both of the brothers, has said the confessions were not valid. In motions brought before the court, Kellogg argued that the two brothers were low-functioning and did not understand what was happening when interviewed by deputies. The Hershberger brothers pleaded to the reduced charges rather than risk a trial, Kellogg said. “(Jonas and Paul) made incriminating statements that could have been used against them in court,” Kellogg said. “They are not admitting their guilt. Had they been convicted, they would have faced life in prison.” Both Jonas and Paul were classified as tier three sexual predators, requiring them to register in person every 90 days with the sheriff’s office of their county of residence for life.


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