Judge Calls PREDATOR a “Classic Manipulator”—Then Gives Consecutive Prison Time!

[00:00:00] Speaker 1: Your Honor, we're here today for sentencing. The defendant was last before Your Honor on October 19th of 2023, where he pled guilty to four separate counts of unlawful sexual conduct with a minor, penalties of fourth degree, those being counts 3, 5, 8, and 9, as well as count 13, violating a protection order or misdemeanor of the first degree. At that time, a pre-sentence report and victim impact statements were ordered. The state's understanding that the pre-sentence report, as well as multiple victim impact statements, were completed and provided to the court, and that all parties were prepared to go to sentencing at this time. Thank you. [00:00:37] Speaker 2: Thank you. Mr. Klammer, is that correct? It is, Your Honor. All right. Mr. Klammer? [00:00:41] Mr. Klammer: Thank you, Judge. Judge, these are, in my mind, these are some of the toughest cases. The most important thing for me to do for Kai, and I think you'll hear that same thing from him, is to apologize to the victim, Clara and her family. Certainly, their family shouldn't have had to go through any of this, and hopefully, when Kai pled guilty, that was the first step to what I have to presume is real healing that's needed with Claire. And certainly, the first step in maybe building some trust in the system and adults around her, and I hope that when he pled guilty, and I suspect he feels the same way, that was the first step to do that, and I think that that's important. It's also important, and I don't know that the victims would have seen any of Dr. Avsari Fard, his psychologist's findings and reports, but I think I'd like for them to hear, and as well as the court to hear, that Dr. Avsari Fard specifically made a finding that the most important finding was he acknowledged that he should have known better and was remorseful about the impact his actions had on the victim and her family. So, it's important to me, because apologizing and saying you feel remorse is one thing, but taking it one step further and recognizing an impact on your victim, and not just your victim, her family, I think that shows that he has the insight he needs that, you know, empathy and impacting a victim is an essential element, and if somebody's going to re-offend, and I think Kai is starting to show that. What I would tell you, you're going to hear from his mother as well, and the benefit of his mother's statement is she's also a psychological nurse, she works in the justice system, so she's obviously been with her son his entire life, and she's seen his changes since he returned from the military, and since he's had the benefit of medication and his disability through the VA. So, I think that's going to be important too, I would tell you as well, in my experience with him, from the beginning of the case, till the end of the case, the recalcitrance that you see with a lot of defendants, he had that at tenfold, you know, as far as admission of misconduct. To see him, partly because we went through the case, partly because he saw what it was about, but to come to terms with the fact of what he did, and the fact that sooner or later we're going to have to make these admissions. And with the medication, seeing him think more clearly, seeing him talk to me more clearly, seeing him understand the case and the conduct more clearly, I personally witnessed that as well. And I think, most importantly, you're going to hear from his mother, who can tell you how he's a different person today because of his medication and the VA than he was when this case started, and she would know better than me how he was when he was in the inappropriate relationship. So, a lot of that, I say that to mean the person you're sentencing today is a bit different than the person who committed the offenses. You have Dr. Vsarifard's report, again, the case is always first about the victim, but in a case like Kai's, it's got to be a lot about Kai as well. Dr. Vsarifard, who I think we all know, but his credentials are immense, diagnosed Kai with a severe psychopathology. He describes, and I know you just saw the report, Judge, in some of the videos, but if I could just quote a couple sections. While Kai was cooperative, he engaged in an odd manner, this is his initial report. His affect was highly variable, vacillated between elation and extreme, severe anxiety. His thoughts were highly disorganized and mostly tangential. He was unable to provide clear information regarding his assertions. He either repeated himself or became highly tangential in his responses. His thoughts lacked logic. The conversation was disorganized and aimless for the most part. That's one thing, but the important part to me is when the doctor reaches his conclusion as to what Kai suffers from, he uses language that people like Kai is likely to have significant and pervasive emotional pain. He uses language like it causes him severe anxiety, it causes him extreme distress, it causes him significant and pervasive pain. So it's, and he talks about his paranoid delusions. So it's not as though it's easy to just think of Kai as a manipulative person who told stories, but I think it's richer than that. And most importantly, what the doc is telling you when we find out about his mental health and why he tells these stories and has these fantasies, it's because he suffers from mental health that at the same time he's doing that, Kai is in severe distress, anxiety, and pain. I mean, people that suffer from mental health use bipolar disorder, and you see it all the time, Judge. That is very painful for those people. The ups and downs and the confusion, it just creates, it's just emotional pain. And he certainly has that, and we know that now from what Dr. Sarifar tells you, and I think his mother is going to tell you a bit about that as well. I submitted the police interviews, clips of the police interviews, Judge, because I wanted you to, again, have a context of what Kai was like when he was being interviewed closer to the offenses. And you will have seen in those clips, and again, it's easy just to assume Kai is dishonest, but the absurd nature of those clips speaks more to the fact that this is a person that had mental health issues that's trying to fix them, and hopefully the system can do that and help him along that way. But you saw the stories about speaking multiple languages. You saw the stories about him being in combat overseas. You saw the stories about injuries he suffered from and a cancer of some sort. I mean, all those, again, it's easy to think he's just a liar, but those were such fanciful stories that it only supports Dr. Sarifar's conclusions that he suffers from these very real mental illnesses. But you also have the conclusions from the Probation Department on the ORAS that despite all of this, they conclude that he's a low risk of re-offense. You have the findings from the VA that support, in a sense, Dr. Sarifar's conclusions that he suffers from some mental health issues. They found the disability of post-traumatic stress disorder and have granted him some disability. That was crucial because that's how he was getting to his medication. And that medication, as his mother is going to tell you, has changed who he is now as opposed to when he came home. You're going to hear, too, from his stepdad. And this was an interesting one. He and his stepdad, his stepdad has been around since he was two or so. Both Kai and his stepdad would probably say their relationship is complicated and often difficult and quite often times they don't like each other. But in talking with Kai, I try to learn children who suffer anxiety and I don't want to say necessarily physical abuse, but emotional abuse also suffer long-term effects and that affects their mental health. I'm not saying his father did any of these things, but I think he's here to tell you how stressful their early relationship was when their blended families came together. And I think he's probably one that could tell you if I could turn back time and have learned some things from it, I would have. And I think Kai would say the same thing. So he's here to just give you that bit of a perspective. But I'd ask you to hear from his mother, who can tell you who he was then and who he is today, since he's had his medication, from here his father, and then hear from Kai, Your Honor. Thank you. [00:08:27] Speaker ?: All right. [00:08:27] Mr. Klammer: Who do you want to go first? Mom, please. [00:08:30] Speaker 2: All right. Just state your name and tell me whatever you want me to know. [00:08:35] Speaker 4: My name is Amy Gardner. Kai's mom. Our family acknowledges that Kai had developed an inappropriate relationship with an underage girl. As a mother, I have a state with my son's behaviors and choices and the harm that he has caused, not only to the victim, but to her family. I empathize with the emotional turmoil that this experience has created for her family. I'm here with Kai, understanding his wrongdoing and criminal behavior. He is still loved by his family. And we will support him. I do not know why Kai made the choice, he made an offended. However, I do know a lot about his mental health. I've been a forensic psychiatric nurse for over 20 years of my nursing career. I hold a master's degree in nursing that will soon change to a doctorate. I hold a board certification specializing in psychiatric and mental health nursing. Working in psychiatry and forensics can numb a person as professionals. We can sometimes forget that the individuals in our custody are not all unsalvable specimens of society. Kai was away from home for over three years. Unfortunately, during those three years away, he experienced a life in the military and a marriage that failed. He returned home in May of 2022, seeking a return to normal life with his family and friends. I immediately noticed that his mental health had deteriorated. I was concerned for Kai and his physical and mental presentation. This started my advocacy and initiation of seeking help for Kai. There was a lot to unravel. In my experience, individuals who are experiencing mental illness don't often recognize what is occurring or the direction that their life is moving in. They seek normalcy without understanding that their perception of reality is skewed. Kai is no exception set. It took 14 months for me to advocate and assist Kai in achieving full access to services for medical and mental health through the VA. There are a lot of barriers to navigate when trying to seek mental health services for somebody. I have seen Kai at his best and I have seen Kai at his best and I have seen him at his worst. He has cyclic rotations where he is hypervigilant for days, with little sleep transitioning to lethargy and inability to complete his basic needs. Diagnostic privileges are not in my professional scope of practice. However, Kai is not an unsolvable man and is more than what his offense is. He is a kind person. He loves his family. He loves his German shepherds, Spike and Bo. He has been a support to his grandma who continues to significantly decline cognitively. He gives her a purpose. Their dysfunctional coexistence has proven to be rather functional. We understand that Kai will be incarcerated and hope that you can find a way to also help Kai continue his medical and mental health recovery. [00:12:29] Mr. Klammer: Thank you. Judge, if you could hear from Kai's father and then I'd like to propose a sentence before you hear from Kai. [00:12:38] Speaker 5: My name is Jason Gardner. I'm Kai's stepdad. His mother and I have been together since Kai was approximately two years old. When our families came together, things were rather complicated. Not only did I also have children from another marriage, but my divorce was less than smooth. Amy and I would later have a daughter, Kai's younger sister. During those early days, our home was complicated. All of us, including me, were learning to adjust and finding our own spaces. Amy and I were also learning how to be step-parents. Suffice it to say, there were many a moment when voices were raised, kids were upset, and my wife and I were frustrated. I wish things had gone smoother for our blended family. Kai was raised with three sisters and a strong mother. He was taught to respect women. He has learned over the years to tell stories. It's easy to just see him as dishonest. Having been with him since he was two and experiencing the lies firsthand, I can tell you it is more of a mental health issue. This case, though, was the first time he found himself in real criminal trouble. Amy and I are both very disappointed and hope the victim and her family heal quickly. As difficult as many times were with Kai, he is my step-son, and I will always hope that he will recover well. I ask that you give him your most careful consideration. Thank you. [00:14:01] Mr. Klammer: Thank you. Mr. Crowner. Your Honor, you're going to hear from Kai now. I just neglected to say it again. I neglected to, you know, Mike was going to, we know his prison sentence is appropriate. I think consecutives are not appropriate in his case just because of the first offense and the ORAS finding. You know, he hasn't even had a speeding ticket for a number of years. So, but I am going to propose a maximum 18-month term without any consecutive to show that we do respect the seriousness of the offense and that he'll be in prison as a first attendant. I ask you to hear from him as well. [00:14:35] Speaker 2: Mr. Foster, what do you want to tell me before I impose sentence in this case? [00:14:39] Speaker ?: All right. [00:14:42] Speaker 6: Judge, I am ashamed to be here today. This is really difficult for me to talk about, but it is really important for me to do my best. It's most important for me to be able to say things, start making things right for the victim and for our family. But it's also been an important way for me to try and make myself better, in a sense. First, I really don't like myself for what I did, and I'm ashamed for it. I don't know why I did it, not that I felt wrong, but in the fact that it happened. But I certainly know that it was, as I say it a day. I am really sorry for everyone. I'm sorry for the victim of her family, and I hope she is not suffering. And I hope that the suffering will not be long-term for everyone. I have to also apologize to my family again as well. They have been with me through everything and all the problems I've created in my life. I've never had any criminal record before, but I also have just, it has really damaged our relationship as a family and to myself as well. I know that fighting between themselves about me was pretty much about me every time. And I wish, now that I think back about it, I never caused that at all. If there's any life that came out of this case, it forced me to reflect and really try to think about why I am the way I am. I know my lawyer and Dr. Al... I'm sorry. I tried to give perspective, but I still just, honestly, I don't know. So whereas when I grew up, I had times when I just lived in a fantasy world to kind of cope and to mend with my own issues. If I had a guess where it started, I just remember times when I would lie to deflect blame toward my little step-sister for things that I did or to avoid trouble with my father. And I'm just, I'm really sorry to have, to put my parents through everything all these years. In a sense today, this is the first time in years that I've exactly, I know exactly who I am. And I know what I did was wrong. And I admit all the lies and stories I've told through the years. I admit that I was guilty and I am here to accept my fate. And while I'm incredibly scared about what is about to happen next, as well as my future, I feel some relief, being totally honest with you. And it's been a long time. I hope that it starts to heal my relationship with my parents. And I also hope that it heals any disconnect between them. I'm not sure how I can make things right for the victim and her family. I know I have to suffer in a sense. I have to start by making things right for them. But most importantly, I hope that a sentence today helps in some way. Thank you, Josh. Thank you, Ms. Cutts. [00:17:39] Speaker 1: Thank you, Your Honor. Good job. The, Claire is here. Her mother is here. Family members are here. I know at least Mother Heidi Curtis would like to speak. [00:17:48] Speaker 2: All right. Just state your name and tell me what it is you want me to know. [00:17:54] Speaker 7: Heidi Curtis. I am the victim's mother. I want you to know that I trusted Kai and that my daughter had trusted Kai and that he ruined her life for his own sexual pleasure. He destroyed our family and he took the innocence of my child, not only physically, but emotionally and psychologically. He subjected my son to things he should not have seen or heard. He is egotistical, calculating, manipulative, and he knew all along exactly what he was doing. And if that wasn't enough, he had to object her to intimidation and harassment every single day. Seven days a week. It never stopped. And while he was out living his life, I had to sit with my child and struggle and watch her fight every day to not hurt herself. To try to get her to understand that her life is worth living, that her life is valuable, and that she has something to offer this world. And about mental health, my family will have years of therapy to go through, to undo, or learn to live with what she did. Thank you. [00:19:28] Speaker 2: Thank you. [00:19:31] Speaker 1: Your Honor, this is a situation where the victim in this case was 14 years old when she met Kai Foster. I believe it was 24 at that time. He quickly moved from meeting her to engaging in sexual conduct with her. She was 14, she's not experienced, young, naive. He engaged in various sexual conducts. He specifically pled guilty when she was 14 to having vaginal intercourse with her. It did go beyond that. When she turned 15 and he was present for her birthday, she had a cake with horses on us, a number 15 candle standing up. He was present for that. The behavior continued as she was 15. He pled guilty to fellatio, vaginal intercourse, and anal intercourse. And there was more that occurred as well during that time frame. There were times that Ms. Curtis asked Kai if she had to be concerned about him. He presented himself as a mentor to her daughter. So that's where the trust built. There was talk about coding and education, and his grandmother was in the house. Often, as Ms. Curtis made reference to, both her daughter and her son would spend time with the defendant. He would talk about sexual matters. The victim's brother is younger than she is, which would demonstrate sexual positions using the victim to show her brother. There was a lot that he was exposed to, as well as the victim. The reason we have these types of charges is because we know that 14-year-olds, 15-year-olds can't consent to this sort of activity, especially when you have somebody who's older than them who has an influence and a force over them. He did not plead guilty to any level of force, but that doesn't change the fact that the victim felt a level of force and concern. Yes, she, at the time, wanted to be with him without understanding what was really going on and all of the things he was telling her. He was playing on her sympathies and her caring heart by explaining all these injuries he had when he was in combat, which none of them were true. He continued to tell Ms. Curtis things that were not truthful to get her to allow him to have contact with her daughter. He told the victim things to get her to stay near him and close to him and manipulate her and have her rely on things that were not accurate. He did the same thing to her brother. When the police spoke with him, he came into the police department on his own, came in and told various things. He threatened the family to sue them regarding gaming, sent them text messages about that that concerned them as well. When he talked to Dr. A initially in May of 2023, he said a lot of different things. When he then saw Dr. Rinsberg in August of 2023, Dr. Rinsberg felt that there was no indication of grandiosity, mania, or psychosis. He also acknowledged that he was not higher intoxicated when he met with Dr. Rinsberg. Now, when Dr. Rinsberg first met Mr. Foster, he seemed lethargic, so he didn't go ahead with an interview with him because he hadn't slept and there were concerns about his ability to meet with Dr. Rinsberg. But when he returned, he had slept more and he was able to communicate well with Dr. Rinsberg. I spoke with Dr. Rinsberg around that time frame and he indicated that there weren't any problems with competency, obviously. He was not concerned about some of the aspects of what was going on. He found him quirky and interesting. He indicated that he liked to make the unusual statements, the stories, because he liked the chaos of seeing people react to some of the unusual statements that he made. According to Dr. Rinsberg, it was a choice to make these unusual statements and that he had no issues talking with him and did not see any of the issues that Dr. A was seeing. Now, he did tell Dr. Rinsberg that he had been under the influence or intoxicated for a meeting potentially with Dr. A, which Dr. Rinsberg felt explained everything. The report that was done by Dr. A relies heavily on what he did with the defendant in May. He did do a follow-up in November and he did some testing. The testing that he did showed that he had average intelligence, so there was not an issue with his having any level of low intellect. And there was also the static 99R was given, which is about risk of re-offending. That was found to be moderate to low. Not in the low range, but the moderate to low for re-offending. So there are various concerns in the state's view with looking at too much of Dr. A's based on the information that Dr. Rinsberg had as well. So there's that aspect about the story and who he told them to. But we also have to look at this. Actually, the injury was exacerbated by the victim's age. She was 14 and 15. And as any teenager would like, a female teenager, having an adult male give attention. That's why it's on the adult male not to do those things. She suffered psychological harm, as her mother has pointed out. She trusted him. The family trusted him. She believed, based on what he was saying, that they would be together, they would get married, they would have a life together. She was under impressions that were not accurate, were not true. She's been in counseling and she does continue to struggle. Thankfully, she is working with her mother and they are working to help her and her family in any way. But this has had a lot of impact on every member of her family. And that's a negative impact. Obviously, the relationship with the victim facilitated the offense. Family knew him. He would come to their house. It would go to his house. Mom believed that there were adults present. She clearly did not know this was happening. It came to light, well, it was occurring from June, at least through, to August of 2022. It came to light when the victim was concerned that she could be pregnant. So that's when mom realized that this was much more than just friendship or mentorship that was occurring. And that's when much more, obviously, came to light. But this was occurring over a period of time. Once mom knew what was going on, she expressed directly to Mr. Foster that she did not want him to have contact with her daughter anymore. She had to please express that to him directly as well. And he continued to have contact with her. Mom got a protection order. And the day that he was served with it, he contacted the victim and violated it. He has not followed what other people have asked him to do in any way, shape, or form. He does not have a criminal history. However, he does have a pending change of police scheduled for December 6th for intimidation. That is connected to this case. It is in the Mentor Municipal Court. But that's a situation where two females and a male came into the Mentor on the Lake Police Department in March of 2023, trying to sway the officer that somehow Kai Foster had not done any of these acts with the victim. However, as he spoke with them, he learned that Kai Foster had threatened them that if they didn't go and fix this and make this right, and that he didn't do it, that he would have his mother's attorney arrest them. They were scared. They went to the police and then admitted that they didn't really have any information to share. One of the women had had a relationship with Mr. Foster. The other one had had a relationship with somebody that Mr. Foster had told that he had had relationships with the victim and wanted that person to lie to the police about him being in a relationship with him to make it seem that he was not in a relationship with the victim. Very intricate, the people he has talked to and tried to influence. [00:28:57] Speaker 2: You're talking about Mr. Horne, correct? [00:28:59] Speaker 1: That is correct. It is also interesting the level of reach that Mr. Foster seems to have at the Mentor High School. Though he is now 25 years old, there are numerous individuals who have been influenced by him, whether it be just their knowledge of him, don't know what was said to them, but there were two young ladies who for quite some time were harassing and bullying the victim in the school, all in the name of belief in Mr. Foster and anger at her for getting him in any sort of trouble. Those two girls sometime later wrote letters to the victim in essence apologizing and indicating that they had had issues with Mr. Foster as well, but didn't want to believe what had happened, but now do. At the time these two young ladies were 16 years old, Mr. Foster would go on Zoom conversations with them. Sometimes other people would be on them as well and talk about dating them, having sex with them, taking them away to Florida. He had a list of what he wanted to do with them and regarding sex toys and telling them these things. They were quite uncomfortable with it. I believe this was around November of 2022 where some of this began. It was after the incident, obviously with the victim in this case, but went into great detail about showing them an engagement ring and telling them about planning the wedding, not waiting until they're 18. We also know information sometime back that another, at the time juvenile, he went to the parents to ask for their permission to marry her because they'd have to sign to do it because she was underage. There was also an incident at Mentor High School where the victim was physically attacked and threatened by another female student regarding her anger at the victim for going forward against Kai Foster. That was resolved in juvenile court, I believe with a guilty plea by that female student. So he's had far reach in all of those areas. He also violated his bond, obviously with an intimidation charge pending. He's not to have contact or involvement. He was supposed to plea last week. It has been moved, but my name is. [00:31:37] Mr. Klammer: I just, I didn't want it to wait until it's done. We have no plea agreement and I'm expecting it to be dismissed for whatever that's worth. [00:31:44] Speaker 1: It is set for a change of plea. [00:31:46] Speaker 2: All right, well, it's a separate charge unresolved. I'm not going to consider that. Thank you. [00:31:51] Speaker 1: And then he also tested positive for marijuana on October 19th and October 30th of 2023. So there's been a long history as well as when this case came in without getting too far into specifics. The victim also had to go through testing based on information that was received. Just added another layer of stress to the family and concern for safety and health. It's also concerning to the state that the defendant did not choose to speak with the probation department about these charges at all. He indicated a letter would be submitted, but that meant that the probation officer did not get to look at that aspect of whether he was taking full responsibility or not, or any specifics, which is normally part of the pre-sentence report that he declined to do. Based on all of that and knowing that there's no presumption for community control, based on sex offenses, that these charges being sex offenses as well as bond violation, we do feel that prison is consistent and appropriate in this case, and that he's not amenable to community control. We do feel that the harm was so great or unusual that a single term does not adequately reflect the seriousness of the conduct. So we do feel prison is appropriate. We do feel that consecutive time is appropriate. Credit is 10 days. As the court has already informed him of the Tier 2 registration requirements, and post-release control is mandatory in this case. And that would be the state's recommendation at this time. [00:33:39] Mr. Klammer: Your Honor, I just... Yeah, go ahead, Mr. Clarence. You know, as far as submitting the statement, I often take some time to sit with the clients and prepare a statement. We did submit that to Mr. Tompkins. I talked to him. I know he's received that part. And Kai did make the same admissions and acceptance of guilt. I appreciate the prosecutor's thoroughness, but there's so many things in there that I can't stipulate to. I just need to make a record that all this stuff about at Mentor High School and all this other stuff, there's not really evidence that Kai caused any of those things. I understand that she framed it as though it's his reach into Mentor High School, but just for the record, I don't want to be at the Court of Appeals where they're saying that I didn't object to those types of statements. So that's my only statement, Your Honor. [00:34:20] Speaker 2: All right. I've reviewed the pre-sentence report, the victim impact statements, a statement of the victim's mother. Remain seated. Remain seated. I have reviewed the sentencing memorandum and the other information provided by Mr. Clammer. I've listened to counsel, listened to those who have spoken in court today. I've considered all provisions in 29-29-11, 29-29-12, 29-29-13, and 29-29-14. I have known Dr. Sarifard for probably 25 years, very good at what he does, very thorough at what he does, very perceptive. And I don't doubt any of what he's said in what was provided by Mr. Clammer. Now, at some point back in the spring of 22, you were 24 years old, made the conscious decision to surround yourself with a number of teenagers, including the victim in this case, for reasons that have become obvious through this case. And the victim was 14 years of age when this activity started. There was, as in most criminal cases, a denial by you that these acts had occurred, but eventually, in the face of objective evidence, you couldn't deny it anymore, let alone the statements of the victim in this case. So, despite your mental health problems, you clearly maintained the ability to manipulate, and that's exactly what you did in this case. And it was through a combination of things. The fact that you were 10 years older than her, an adult male, who, by evidence today, has the ability to speak very well. And you spoke very well. Today, you spoke very well to her, convinced her of the experiences that you had, the problems that you had, which were all made up, but very convincing, because you have the ability to convince, because you are manipulative. You also used alcohol, to a certain degree, back in June of 22, when she was 14 years old. And the indication from her is that while she drank it, she didn't want to drink it, but she drank it because you insisted on it, because you were kind of ramping things up, getting a little angry, if she didn't do it. Now, obviously, you don't agree with what I just said, but that's the indication. That's what I've got in front of me. So, you were able to manipulate her, despite your mental health problems, to get exactly what you wanted, when you wanted it, how you wanted it. you took the position of kind of a conquer and divide, okay? Because once her mother found out about it, and told you to stay away from her, then you, you, you kind of put this wedge in-between the two of them, pitted them against each other, and tried to get Claire to separate from her mother. And ultimately, it didn't work. And that's why we're here. But you decided to target a certain group, specifically targeted one out of that group, used your persuasive manipulative tools to get what you wanted, and tried to further that when you were found out. Then, when you were found out, eventually, eventually there was a protection order placed upon you. I think the order was issued September 2nd, of 22. And you were to have no contact with her. But you persisted in having contact with her, which resulted in count 13 here that you pled guilty to. So that, that didn't stop you. Her mother couldn't stop you. And police and court action couldn't stop you. You persisted in doing it. Now, we have a little dispute here between what Ms. Cutts said and what Mr. Klammer said with regard to this intimidation, harassment, whatever you want to call it, which subsequently, subsequently occurred. So, I guess from, from the defense point of view, you had nothing to do with any of that stuff. From the prosecutor's view, you had everything to do with it. Okay. Now, I'm not going to ask you about it because you got this charge in Mentor pending that Mr. Klammer insists that is, is not resolved. It may or may not be resolved next week. But, regardless of that, harassment, at least harassment occurred toward the victim. And, the evidence here from Mr. Horn, okay, is that you were attempting to manipulate him to get you out of hot water. [00:41:19] Speaker ?: Okay. [00:41:20] Speaker 2: So, based on what I see, not only Mr. Horn, but these other people that came forward and spoke to the officer, once all this was uncovered, indicate that you were violating that protection order. Not only you specifically with the contact, but you trying to cause others to do that. So, whether it rises to the level of what the charge exists in Mentor, I don't know. I don't care. [00:41:53] Speaker ?: Okay. [00:41:54] Speaker 2: The fact is that you did your best to try to get her and her mother to call off the dogs to get you out of hot water. And, shamefully, invoking the name of your mother to say that she has influence with lawyers and judges and police. using that against these other people trying to get them to say what you wanted them to say so you could get out of trouble. So, you've shown the signs of classic manipulation from the beginning of this thing right up until now. That's what I see. So, it is my sentence on count three that you served 17 months in prison because you are not, by the way, amenable to community control. On count five, you served 17 months in prison. Count eight, you served 17 months in prison. Count 13, you served 180 days in the Lake County Jail. Count 13 will be by law concurrent to counts three, five, eight, and nine. Counts three, five, eight, and nine will be consecutive to one another. Consecutive sentences are necessary to protect the public from future crime by you and to appropriately punish you and they are not disproportionate to the seriousness of your offenses. Further, at least two of these offenses, all of them, were committed as part of a course of criminal conduct and the harm caused by at least, in fact, all of them, was so great or unusual that no single sentence committed as part of this conduct adequately reflects the seriousness of your conduct. You have credit for ten days. You're going to pay the cost of the action. And when you get out, you will be on post-release control for five years under the parole authority. They will place conditions on you if you violate their conditions. The parole authority could return you to prison for up to nine months for each violation up to one-half of my sentence. If your violation is a new felony, then you could get an additional consecutive prison sentence for that violation, the maximum of which would be the greater of 12 months or the time you have left under your post-release control. The remaining counts are dismissed. Is there anything else, Ms. Cutts? [00:44:43] Speaker 1: Your Honor, I don't know if I just missed it, but I heard you say count three, five, and eight each 17 months. I didn't hear what you said on count nine. [00:44:50] Speaker 2: All consecutive. I thought I said that, but they [00:44:53] Speaker 1: were each 17 months? [00:44:55] Speaker 2: Yes. [00:44:56] Speaker 1: Okay. Thank you. [00:44:57] Speaker 2: Anything else, Mr. Klamer? [00:44:58] Mr. Klammer: No, Your Honor.