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Wednesday, May 4, 2016

Judge is considering probation for Bogenrief

Thursday, May 15, 2008

Mark Bogenrief's 10-year-prison sentence may be cut short.

The 58-year-old Sutherland man pleaded guilty last February to sexually abusing a 14-year-old more than a decade ago. Bogenrief was sentenced to 10 years in prison and has been serving that sentence since July 30, 2007.

Wednesday afternoon in the Plymouth County courtroom, District Judge Edward Jacobson gave the nod to the first step toward possible probation for Bogenrief.

He ordered that Bogenrief be transferred to the Plymouth County Jail and that, while he was there, he undergo an evaluation by Catholic Charities.

Catholic Charities runs a sex offender treatment program.

After this evaluation, Jacobson said, he would like to see a treatment plan for Bogenrief established.

"If I approve of that plan, I will consider probation," he said, then turned to Bogenrief, who was present with his attorney in the courtroom. "And I want you to understand, Mr. Bogenrief, that if you don't do it (what the plan entails) you will go right back to Oakdale."

Bogenrief answered with a simple, "Yes, your honor."

Bogenrief has been serving his sentence at the Iowa Medical & Classification Center at Oakdale.

"The reason you've been in prison for the last 10 months was primarily your attitude," Jacobson said to Bogenrief Wednesday. "You insisted to continually minimize the crime. I would not consider probation in the beginning because the crime was serious and you needed to accept responsibility."

Bogenrief asked the judge to reconsider his sentence in March. Jacobson said he would look into the case, but wanted full details of the sex offender treatment program Bogenrief would enroll in if he were released.

Plymouth County Attorney Darin Raymond, representing the State of Iowa in this case, resisted the possibility of reconsidering Bogenrief's sentence because the full details of that treatment plan had not yet been secured.

However, having Bogenrief re-evaluated by Catholic Charities would be "a middle ground," he said Wednesday.

"We will see if he's more suitable for treatment than when he was last evaluated," Raymond said.

The charges against Bogenrief arose in May 2005, after a 25-year-old Le Mars woman -- identified as Jane Doe -- claimed that Bogenrief had sexually abused her in 1993 and 1994 in Plymouth County.

Bogenrief pleaded guilty to sexual abuse in the third degree last February. The court dropped a second count of the same charges as part of the plea bargain.

"He pled as he did," Bogenrief's attorney William Gallup said Wednesday, "because he knew there would be the opportunity to be considered for probation."

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