- Elizabeth Larson
- Posted On
Kelseyville man convicted of four felonies in sex with minor case; acquitted of three other charges
LAKEPORT, Calif. – On Friday a jury convicted a Kelseyville man of several felony counts for having had sex with a 13-year-old girl.
Brian Barrett Stasko, 22, was convicted of two counts of lewd and lascivious acts on a child and two counts of statutory rape, according to Senior Deputy District Attorney Ed Borg.
The jury, which deliberated for about a day before handing in its verdict just before noon on Friday, also acquitted Stasko of three counts of aggravated sexual assault on a child, finding there was no force or duress, Borg said.
“They didn’t find enough evidence to convict him of those,” Borg added.
Stasko’s defense attorney, Barry Melton, declined to offer comment on the case.
In January the victim reported to authorities that Stasko had sex with her late last fall, according to Borg.
The girl was staying at a friend’s home when a 19-year-old male took them to another residence. There, the girl drank alcohol and began to feel the effects. She said Stasko told her she could go and sleep in his bedroom.
The girl said Stasko later woke her up and had sex with her, and afterward she fell back asleep, still feeling the effects of the alcohol, Borg said. When the girl woke again in the morning, Stasko was there and had sex with her again.
Following the investigation, Stasko – who was in Marine Corps basic training in San Diego – was arrested. “He hadn’t completed his basic yet,” said Borg, adding that Stasko has since separated from the service.
After Stasko’s arrest, the Marine Corps contacted Borg to make sure that the case had nothing to do with his service, an inquiry that he said was the result of increased concerns over sexual abuse in the military.
The trial began before Judge Andrew Blum on Aug. 28 with jury selection, Borg said. Evidence began on Sept. 5, with the victim testifying that same day, he said.
Evidence wrapped up this Wednesday and closing arguments took place on Thursday. The jury began deliberations just after noon on Thursday and came in early on Friday to continue working their way through the charges.
“This group, I think, was particularly hard-working,” he said of the jury, adding, “They were pretty intent on doing a good job and working hard.”
Borg said he was notified of the verdict just before noon Friday.
Because Stasko was acquitted of the most serious charges, Melton requested that his bail – currently at $1 million – be lowered to reflect the charges for which he was convicted. Borg said that wasn’t an unreasonable request, but under Marsy’s Law the victim has to be informed before the judge can lower bail.
The bail hearing has been put on for 8:15 a.m. Monday in order to give the District Attorney’s Office time to contact the victim, Borg said.
He said the bail schedule would be $150,000 for two counts of lewd and lascivious acts on a child.
At that same Monday hearing, the sentencing date will be set, Borg said.
Stasko could receive probation, but Borg believes that option is extremely unlikely.
As for possible prison time, Borg said Stasko could be looking at five, eight or 10 years.
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