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BELFAST – A businessman and civic leader was sentenced Thursday to three years in prison for molesting a child, but said the jury that convicted him had made a mistake and that he doubted he would survive his time behind bars.
“Prison is not a place for anybody, particularly not for a person who is 83 years old,” Superior Court Justice Nancy Mills told Robert Osborne as she handed down his sentence Thursday. “I have never in fact imposed a life sentence and I hope that this is not a life sentence.”
Osborne, of Searsport, was found guilty of five counts of gross sexual misconduct involving a male victim, who said Osborne and another man began molesting him when he was 5.
Osborne was sentenced to 12 years in prison with all but three years suspended and six years’ probation on each count to be served concurrently. Osborne has been incarcerated at the Waldo County Jail since a jury convicted him in March.
“He’s not going to be the only elderly person in state prison,” Assistant District Attorney Eric Walker said after the sentence was handed down. “There are many others.”
Walker had asked Mills to impose a 15-year sentence with all but eight years suspended and six years’ probation. Walker said Osborne deserved the penalty because of the pain and anguish he caused his victim, because he lied to the jury and because he showed no remorse for his crimes.
Osborne appeared to bear that attitude out when he addressed the court before being sentenced. He repeatedly claimed his innocence, said the jury made a mistake, and that only God knew the truth. He also said that his heart was giving out and was doubtful he would survive prison.
“I am not guilty as charged,” Osborne told Justice Mills. “I doubt I’ll be here six months from now. I’m here to defend my reputation, not worry about my incarceration. … I’m not a pedophile, I am not a pedophile. I have never been and never will be. You could string me up to the nearest light pole if that was the case. God knows I am not a pedophile.”
Walker said that Osborne was charged after his name came up during another investigation. The male victim, who is now 31, testified that Osborne and another man began molesting him at the age of 5.
The victim told the jury the abuse continued until he was 18. The other man has not been charged but remains the focus of a police investigation, according to a detective working on the case.
Because Osborne was convicted of crimes that occurred two decades ago when the victim was 12, Justice Mills had to base her sentence on the laws in place in 1987.
Although she could have sentenced Osborne to up to 40 years, Mills said the fact that he lived a productive life, and was a veteran who had no criminal record, weighed in his favor.
Defense attorney Peter Mason described Osborne as a well-known real estate executive who had an office in Belfast for many years. Osborne once served as president of a statewide real estate association and was once Realtor of the Year.
Osborne is a decorated veteran of World War II and had served a number of terms as selectman in Swanville and also served on the Searsport Budget Committee for many years.
Mason urged Mills to sentence Osborne to “strict probation,” rather than send him to prison. He said Osborne has an inoperable heart condition and has grown noticeably more frail and unsteady since his conviction.
“He is not well,” Mason said. “With his age, his health …, I don’t know what would actually amount to a life sentence for Mr. Osborne.”
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