HILLSBORO, Ore.- On January 11, 2019, Nicky Lane Nolen was sentenced to 450 months in prison by Judge Oscar Garcia for child sex abuse. Nolen was convicted of Sodomy in the First Degree and eight counts of Sexual Abuse in the First Degree following a jury trial on October 5, 2018.
The case involved the defendant's close family member. The abuse occurred for several weeks while the child lived with the defendant. The child gathered the courage to tell her father who reported the defendant to police. The case was investigated by Detective Mark Povolny from the Washington County Sheriff's Office and prosecuted by Deputy District Attorney Allison Brown.
The trial lasted four days in front of Judge Garcia. In addition to the victim's testimony, the jury also heard evidence that the defendant was previously convicted of sexually abusing another close family member. Ultimately, the jury unanimously convicted the defendant of nine of the 10 charges after deliberating for several hours.
In her sentencing memorandum, Brown recommended that the Court impose a lengthy prison sentence. She also urged the Court to factor in the child's vulnerability and impact the events will have on her for the rest of her life.
"The testimony of the child in trial was gut-wrenching," Brown said. "Her emotion was palpable. She cried and sobbed into her stuffed animal. Her fear was equally apparent as she turned away and hid her face from the defendant. She ultimately testified with the assistance of a comfort dog. The child will undoubtedly suffer a very long time because of the defendant's actions."
At the sentencing hearing, Brown urged the Court to impose a significant prison sentence for the defendant's egregious conduct. She recommended that Judge Garcia take into consideration the threat the defendant posed to public safety, his previous convictions for similar conduct and refusal to change his behavior. Judge Garcia agreed with the State and sentenced the defendant to 450 months in prison (37.5 years).