GREENVILLE — A Greenville man who spent a year and a half in prison for secretly taking nude photos of his domestic partner’s teenage daughter, has been granted judicial release.
Denville T. Boseke, 34, appeared Monday in Darke County Common Pleas Court via video teleconference from London Correctional Institution to ask for early release. He was sentenced to two years in prison in August 2016 after pleading guilty to a charge of illegal use of a minor in nudity-oriented material, a second-degree felony.
“The offense was not a felony of violence, it was an offense where there was no physical injury that was actually caused to the victim in this matter,” his defense attorney, Scott Kelly, told the court, noting his client had no prior felony convictions and had expressed remorse for his actions.
Darke County Assistant Prosecutor Deb Quigley told Judge Jonathan P. Hein the state opposed Boseke’s release.
“The defendant’s actions carried long-term consequences to the victim. He attacked her in other ways than a physical attack,” she said. “The victim suffered serious mental and psychological harm, not a physical attack, but an attack nonetheless — nothing mitigates the defendant’s actions.”
The mother of the victim also addressed the court, opposing Boseke’s release.
“This man has done nothing to seek out any form of treatment for the sexual offense that he acquired,” she said. “My daughter is still affected to this day.”
Boseke’s comments were brief: “I have total remorse. I’m sorry for what I’ve done. I don’t know what else I can say.”
Hein explained there is a “systemic problem” with the state legislature trying to keep the prison population down in order to save taxpayer money.
“The legislature would prefer that I do this because there’s a chance to save the taxpayers about $15,000, so they broadened the judicial release and emphasized this as a means to try to manage down the budget,” he said. “If $15,000 gets saved and you never re-offend, that’s a win-win. If you come out and re-offend, we’re going to spend the money anyway.”
“Your words about being remorseful and wanting change are maybe a statement of your mental intentions, but in the future I don’t really care what you think, it’s what you do,” he told Boseke. “You don’t get a pass by throwing off cheap words.”
Upon release, Boseke will be subject to community control sanctions for up to five years and must perform 125 hours of community service. If he re-offends, he could be returned to prison. He will be required to register as a Tier 2 Sex Offender with the Darke County Sheriff’s Office for a period of 25 years, and is forbidden to access pornography in any form. He is also prohibited from being in contact with anyone under the age of 18 without supervision.
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