Judge Scorns Assisted Apology (Connecticut Post)
Judge Scorns Assisted Apology
Kave, 75, gets 12-year term for impregnating little girl
By Daniel Tepfer
Originally published in The Connecticut Post, November 16, 2002
BRIDGEPORT — At the end, 75-year-old Jimmie Kave just couldn’t seem to understand what he did wrong when he impregnated a 10-year-old girl.
He even had to be prodded by his lawyer to apologize.
But that didn’t evoke any sympathy from Superior Court Judge Richard Damiani, who sentenced Kave on Friday to 12 years in prison on charges of first-degree sexual assault and risk of injury to a minor.
“You said you were sorry today, but you insult the intelligence of the court and everyone in the courtroom when you say your door is always open to the young victim,” the judge told Kave. “I don’t think you comprehend what you did to the child to say she seduced you.”
One of Kave’s daughters from a previous marriage stood up when the judge asked if anyone from the girl’s family was present and shouted, “I love you, daddy!” before tearfully running from the courtroom. She later threatened to smash the head of any reporter who tried to talk to her.
The grizzled Kave, a former long-distance truck driver, grimaced as Assistant State’s Attorney Cornelius Kelly recited the sensational facts of the case.
Kave was accused of having sex with the girl beginning when she was 9 on the occasions that her mother dropped her off at the senior citizen complex where Kave lived.
The girl, now 11, gave birth in May to Kave’s child. Both the girl and her baby are in the custody of the state Department of Children and Families.
“The defendant admitted to having sexual intercourse with the young girl, but he said it was not forced, but consensual, Mr. Kave, by his actions, here is heartless,” Kelly added.
He then read segments of a statement by Kave to a probation officer, in which he said he has no ill feelings toward the girl and doesn’t understand why he can’t see the baby he fathered. “God has forgiven me, why can’t you?” he asks.
Kave’s lawyer, Assistant Public Defender Miles Gerety, told the judge he is concerned about his client’s treatment in prison because of his age and ill health.
Asked if he had anything to say, Kave, rising shakily to his feet, told the judge: “Every knee must bow, every tongue must confess. I confess my crime.”
Gerety then whispered to him, “Say you’re sorry.” Kave then added, “I’m sorry.”
Police said Kave admitted having a sexual relationship with the girl, but claims she enticed him. He said she would give him sex in exchange for new clothes and presents he gave her.
On March 22, the girl’s mother complained to police that Kave had impregnated her daughter.
According to police, the mother said her daughter met Kave through an “Adopt-a-Godfather” program at Harborview Towers, a Bridgeport Housing Authority complex for senior citizens on East Washington Avenue. She said her daughter would visit Kave at his apartment, and they would play games and go places together.
Police said the girl later told them Kave at first had touched her body under her clothing. Later, when she fell asleep in his apartment, she awakened to find Kave on top of her, having sexual intercourse with her. She said he told her not to tell anyone or she wouldn’t be allowed to visit him anymore.
Kave came to police headquarters on April 9 and gave a statement. He said he never forced the girl to have sex with him. Instead, he said he bought her clothes and gifts, and she repaid him with sex.
Last Christmas Eve, Kave told police, they returned to his apartment after buying about $100 worth of clothing for the girl. He said once they got home the girl approached him and began touching him in a sexual manner. This led to intercourse, according to his statement.
Kave told police that, if he were allowed, he would support the girl and their child. “He said his door is always open for the victim,” according to the police report .
Two city doctors, Mukeshkumar Shah and Ann Lule, who examined the girl and determined she was pregnant, were later charged with failing to report that the girl was abused and are awaiting trial.
Kelly told the judge that Kave has an extensive prior criminal record dating back to 1947. In March 1984, he was convicted of second-degree sexual assault involving a child and sentenced to six years in prison. He served four years.
In addition to the prison term, Damiani ordered Kave placed on eight years of special probation after his prison term ends. And despite his lawyer’s claim that Kave will probably die in prison, the judge ordered him not to have any contact with the victim and her baby when he is released.