Three-judge panel may decide sex abuser's fate

PALMER -- A three-judge panel will be asked to sentence a Wasilla man who admitted sexually abusing a minor girl, rather than receiving a sentence from Palmer Superior Court Judge Beverly Cutler.

Cutler made the decision Friday, paving the way for Ralph D. Gaston to possibly receive a shorter sentence than the presumptive eight years Cutler would have been required to impose. The court session included a statement from the victim, who said she forgave Gaston for his actions.

The girl said what Gaston did "was very wrong" but she added, "He needs counseling and an opportunity to be healed of what caused that."

Defense attorney Robin Koutchak indicated that Gaston had apologized to the victim -- the only compensation possible in such a case -- and sought counseling through his church before police learned of the situation.

But Assistant District Attorney Rachel Gernat said that shouldn't weigh in Gaston's favor.

"The abuse had gone on for about 12 years," she said. "Do we mean anytime a sexual offender apologizes that we have to mitigate their sentence?"

As for sentencing by a three-judge panel, with its potential leniency, Koutchak mentioned several reasons she believes it is appropriate.

"The defendant did confess immediately when contacted by police," she said. "There is a high degree of remorse. My client doesn't have problems with drugs or alcohol and he is a first-time offender."

Koutchak said Gaston originally denied having been sexually abused as a youth. However, she contacted Gaston's brother in the Midwest and learned both boys were sexually abused by their parents. The brother was arrested on similar charges 10 years ago, Koutchak added.

Koutchak said during an interview that both boys also were abused by a scout master who now faces criminal charges in Gaston's home state.

"He is not a pedophile, a predator or a danger to society," she said. "He needs treatment."

Gernat countered that Gaston didn't have a one-time incident with the girl. Rather, the abuse stretched over a long period and conduct triggering the first-degree felony charge began when the victim was about 9 and a half years old, she said.

Cutler said referring sentencing to a three-judge panel will reassure the defendant and the victim that a just decision has been made. Two of three judges must agree before sentencing can be imposed.

Cutler said she believes Gaston has shown an unusually high degree of remorse.

"It does seem to be genuine and triggered by the fact of his own victimization," she said. "He didn't make the state spend any money prosecuting him. He has high prospects for rehabilitation."

Koutchak lamented the fact that treatment for sexual offenders is no longer available through the state Department of Corrections. That counseling, part of DOC's rehabilitative role for the past 25 years, ended when Gov. Frank Murkowski's administration took office, she said.

However, Cutler said it's unfair to characterize state government as uncaring. Sexual offender programs through DOC had little success in changing people's behavior, she said.

"They have a very low rate of success," Cutler said. "They are dealing with a group of individuals who are very hard-core when it comes to rehabilitation."

The three-judge panel will convene in Anchorage, if the judges agree to take over sentencing. If they refuse, sentencing would revert to Cutler. No date has been set for the panel to consider the case.