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The Honolulu Advertiser
Updated at 11:52 a.m., Thursday, August 21, 2008

Wailuku man gets 10 years for sex assault

By LILA FUJIMOTO
The Maui News

WAILUKU — A Wailuku man was taken into custody yesterday to serve a 10-year prison term for sexually assaulting a girl whose family had tried to help him, The Maui News reported today.

"I think they were affronted by this incredible breach of trust," 2nd Circuit Judge Joel August said as he sentenced Frank Prieto. "In a sense, you were adopted into that family and cared for by them because they wanted to give you a second chance. You took advantage of their love and you took advantage of a young girl."

Originally charged with first-degree sexual assault, Prieto had pleaded no contest to a reduced charge of second-degree sexual assault.

Police said the sexual assault occurred in the early-morning hours of March 9 in a Ka'anapali hotel room, where the 15-year-old girl and other family members were staying. Prieto, 27, was a longtime family friend who had been invited on the outing. He had been hired by a relative of the girl after he couldn't find other jobs because of his drug addiction, police said.

That night, Prieto went into a bedroom where the girl and another girl were sleeping to sexually assault her, said Deputy Prosecutor Robert Rivera.

Deputy Public Defender William "Pili" McGrath said the crime was a "drug- and alcohol-driven offense."

After being released on $100,000 bail, Prieto had stayed away from drugs and was working while participating in the My Brother's Keeper residential treatment program, McGrath said.

He recommended a sentence of 18 months in jail and five years' probation for Prieto, as well as the opportunity for early release into a long-term treatment program.

Prieto was 12 years old when his father died in prison while serving a term for sexual assault, McGrath said.

"My guess is that was a devastating experience," McGrath said. "It doesn't excuse his behavior, but it does help explain it."

Turning to about a dozen of the girl's family members and friends in the courtroom gallery Wednesday, Prieto apologized.

"I'm very sorry for what I've done," he said. "I really realize what I've done is really wrong."

By participating in the Christian treatment program, "I found God," Prieto said. "It's turning my life around."

But Rivera argued for the 10-year prison term, saying Prieto could participate in one of the best sex offender treatment programs while incarcerated.

"If the defendant has truly accepted Christ, Christ will be with the defendant in prison," Rivera said. "He doesn't have to be in My Brother's Keeper."

Rivera disagreed with the opinion that Prieto wouldn't have acted if he hadn't been under the influence of alcohol and drugs. Prieto targeted the girl, Rivera said.

"If anything, drugs and alcohol made him bold enough to commit cowardly acts," Rivera said.

The girl's grandfather said she was "struggling to continue" after having her innocence taken.

"You have sisters, you have a mother, you have nieces," he said to Prieto in court yesterday. "How would you feel if someone took that away from them?"

The grandfather said Prieto should acknowledge his wrongdoing.

"I am no better than you are, but I have a little more common sense not to touch things that are not mine," he said.

Prieto had felony drug possession charges dismissed when he completed the Maui Drug Court program of treatment and supervision in August 2004.

But within a few months of graduating from the program, Prieto was using drugs again, becoming part of the 15 percent of graduates who fail after completing Drug Court, August said. He said Prieto admitted ingesting crystal methamphetamine, marijuana and alcohol the night he sexually assaulted the girl.

August said he wanted the girl to know "none of this is her fault or responsibility."

As part of his sentence, Prieto was ordered to register as a sex offender.

After the hearing, the girl's stepmother said family members would attend Prieto's parole hearing that will determine how much time he spends incarcerated.

"We're very happy the judge gave him the 10 years," she said.

* Lila Fujimoto can be reached at lfujimoto @mauinews.com.