Judge Robert G. Main sentenced Harold McCloud III to 18 years in state prison Monday for first-degree rape and a number of other charges.
He was sentenced to:
One to three years in state prison for fourth-degree grand larceny for stealing the victim's debit card and was ordered to pay a $1,000 fine, a $250 surcharge, a $20 crime-victim fee and to provide a DNA sample and pay the $50 registry fee.
One to three years in state prison for second-degree identity theft for using her debit-card code and was ordered to pay a $1,000 fine.
One year in County Jail for unlawful possession of personal-identification information for having her debit card and code.
One year in County Jail for petit larceny for stealing $520 from the woman's bank account with an order to pay her the $520 in restitution.
These four counts are to be served concurrently.
Two one-year terms in County Jail for third-degree assault for throwing a coffee table at her and throwing a paint sample at her. He was fined a total of $400.
Three one-year terms in County Jail for unlawful imprisonment, fourth-degree criminal mischief and second-degree menacing for holding a broken glass to her wrist. He was also fined a total of $600.
These five counts are to be served concurrent to each other but consecutive to the four previous charges.
Fifteen years in state prison for first-degree rape plus 20 years of post-release supervision, a $5,000 fine, a $1,000 sex-offender fee and a $50 sex-offender registry fee.
1-1/3 to four years in state prison for second-degree attempted assault for the attempted strangulation of the victim with a fine of $1,000.
Two one-year terms in County Jail for third-degree assault for smacking her in the forehead with the heel of his hand and repeatedly punching her in the face. He was fined a total of $400.
One year in County Jail for second-degree unlawful imprisonment with a $200 fine.
These five counts are to be served concurrent to each other but consecutive to all of the previous charges.
One year in the County Jail for third-degree assault for burning the victim with a butane lighter and a $200 fine and a term to be served consecutively to all the above counts.
One year in County Jail for petit larceny for stealing her digital camera and a $200 fine and a term to be served consecutive to all the above charges.
MALONE — After a motion for a new trial failed in Franklin County Court Monday, Harold McCloud III was sentenced to 18 years in state prison for raping and beating his ex-girlfriend.
His mother said her son is innocent and that it is her family that has been victimized by all of this, not the former girlfriend.
And McCloud's defense attorney, Greg LaDuke, plans to appeal not only the complicated sentencing handed down by Judge Robert G. Main Jr. but the ruling from the bench that allows the jury's 16 guilty verdicts to stand.
The 29-year-old Malone man was convicted in February of 16 charges and has been held in County Jail without bail since then.
Sentencing was delayed a week while the judge considered LaDuke's motion to throw out the jury's verdicts and grant a new trial.
But the judge began the afternoon court session Monday by denying the defense motions and then asked each side to make its argument for the proper sentencing.
Assistant District Attorney Elizabeth Crawford implored the judge to visualize the victim and what she had to go through at the hands of McCloud, who choked her to near unconsciousness and then raped her in the summer of 2007.
The victim told jurors how McCloud moved in a few days after they met and became jealous and controlling. He instigated physical fights, broke things in a fit of rage and raped and beat her in addition to stealing her money and camera.
Rape is "one of the most disturbing, disgusting, horrific, degrading, humiliating, unforgivable crimes," and the victim "can't avoid it, she can't change it," Crawford said.
"In a sense, she has been given a life sentence. But she is strong, and she will survive it."
She asked the judge to picture the woman on the floor of her home after a violent confrontation with McCloud, who destroyed her belongings and threw a coffee table at her.
"Visualize the defendant holding a piece of glass to her wrist, degrading her and telling her no one loves her; calling her fat and spitting in her face; trying to get her to kill herself.
"The calm, cool, collected defendant the court has witnessed throughout the proceedings is not the same Harold McCloud that was in (the victim's) home," Crawford said. "He was angry and had a look in his eye she said you would have to see to understand."
The prosecutor told Main not to buy into McCloud's actions when he sat in court "with a Bible and puppy-dog eyes, trying to pretend he was clearly someone he is not.
"Visualize Harold McCloud jealous, angry, and the court will see why society needs to be protected from him for as long as society can be."
LaDuke made a brief statement, asking that his client be released on lengthy probation, since McCloud has no serious felony or violent arrests in his past.
When it was his turn to speak, McCloud said, "I don't want anything held against me. Why is she doing this? It's time to tell the truth."
Eight armed officers were stationed throughout the courtroom as Main pronounced his sentence before a gallery of a few observers and McCloud supporters.
He said the victim was a credible witness "to what can only be described as a reign of terror" two years ago.
"The defendant stripped the victim of almost everything a person can possess," the judge said. "He stripped her of her dignity as a human being. He stripped her of the safety and security of her home. He stripped her of her identity for his own benefit. He stripped her of the contents of her bank account.
"He stripped her of her visible safety, and he stripped her of the right every human being has to refuse sexual intimacy to another human being."
Main lumped related incidents together into five groups for sentencing: one involving the use of her debit card; one for incidents on July 3; one for the rape and related counts on July 16 and 17; one for a July 17 assault; and one for theft of her digital camera.
McCloud's mother, Penny LaMay, and other supporters gathered outside at the base of the courthouse stairs on Main Street, visibly upset with the sentencing.
"Tell me one thing: How can my son get convicted with no evidence?" LaMay said. "She crucified our whole family right from the beginning.
"How can a girl say she was raped but doesn't remember what day it happened?" she said. "My son is hurt and scared. He's human, too. Our whole family has been victimized."
LaDuke said a few of his points on appeal will include the lack of testimony and physical evidence of his client choking the woman or other abuse and her inability to pinpoint if the rape occurred on July 16 or July 17.
District Attorney Derek Champagne said the community is safer with McCloud behind bars, adding that he had four other women who have come forward since his arrest to share their stories of abuse they endured.
"I find it hard to believe four women would deliberately make up the exact same accusations," he said. "I'm confident in the jury's verdict and that justice was done, not only for the victim in this crime but for the four other victims.
"That shows this was not an isolated incident, and, just like it says in the probation report, he's a danger to the community and others," Champagne said. "His history of violence is extensive going way back to school against women and teachers, the staff and the community.
"Sixteen to 18 years for a violent and vicious attack is appropriate," he said. "This is justice for five women at the hands of Harold McCloud."
E-mail Denise A. Raymo at: email@example.com