posted on September 06, 2011 13:06
A Batavia man, accused of the violent rape of a 30-year-old woman in January, received the maximum available sentence today in Genesee County Court.
21-year-old Patrick Donahue will serve 7 years in state prison and 10 years probation. Donahue's sentence comes after he agreed to a plea deal in July, in which the charge was downgraded to Felony 1st-degree Sexual Abuse.
"As you and I well know, (District Attorney) Lawrence Friedman is not known for his forgiving nature in offering plea deals," Donahue's defense attorney Dan Killelea told Judge Robert Noonan. If convicted of 1st-degree Rape, Donahue could have served up to 25 years.
Killelea credited Friedman for the deal, but also insisted his client is a "gentle giant" who readily admits and accepts reponsibility for his actions. Killelea asked for the minimum 2-year sentence.
Friedman disagreed, and asked for the maximum. "Mr. Donahue has received a significant break from this court in being allowed to plea down," he said. "And the victim confirmed receiving a sexually-transmitted disease from Mr. Donahue's attack. She called me last week and said she has now contracted a second sexually-transmitted disease."
Judge Robert Noonan insisted he was not taking the alleged STD's into account in his sentence, because they had not been proven in court. "Nonetheless, that's something else that this woman has to deal with for the rest of her life," he told Donahue.
"Regardless of your demeanor and the letters I received on your behalf...you may be a moral person, but you certainly didn't show that on January 10th, 2011," Noonan said. "Your actions equate to just a slight grade below murder, in our society.
"I don't know that you'll ever know the pain and scarring you've put upon another person," Noonan said.
After some discernment over restitution for the victim's medical expenses, Donahue was led away from the courtroom peacefully, without handcuffs. At least ten of his family members and friends sobbed in the gallery.