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Published: Saturday, 5/17/2008

Man who raped boy gets 40 years-to-life

Dale Boerio, 22, of Spencer Township, maintains his innocence in the abuse of a boy. Dale Boerio, 22, of Spencer Township, maintains his innocence in the abuse of a boy.

A 22-year-old Spencer Township man who sexually abused a 9-year-old boy last year inflicted emotional scars that will remain with the victim for life, a Lucas County Common Pleas Court judge said yesterday.

Dale Boerio will spend at least 40 years behind bars as a result of sentences imposed by Judge Linda Jennings for rape and gross sexual imposition convictions.

Boerio was handed consecutive sentences of 15 years to life for the two counts of rape and consecutive five-year terms for the two counts of gross sexual imposition.

He first will be eligible to appear before the state parole board when he is 62.

"Your pattern of abhorrent behavior has emotionally damaged this child for the rest of his life," Judge Jennings told Boerio.

"Because of your sexual abuse, this little boy has suffered physical abuse as well," she added.

A jury - the second panel to hear the case - convicted Boerio in April of the sexual assaults after they heard testimony on the details of the attacks from the boy, who is now 10.

Prosecutors said the abuse began in August and continued through September while Boerio was baby-sitting the victim and his younger brother.

Jennings Jennings

"Hopefully, this little boy will recover from this," county Assistant Prosecutor Jenny Lambdin said outside the courtroom.

Defense Attorney David Klucas asked Judge Jennings to consider the statements his client made to the psychologist in the presentence interview in which he said he was sexually abused as a boy.

Judge Jennings said the report compiled for sentencing was incomplete because Boerio refused to cooperate with the psychologist during the interview.

Ms. Lambdin said that if the defendant had endured sexual abuse when he was a boy, then he should have considered the long-lasting effects it would have on the victim.

"He should understand what this little boy went through," she said.

The judge said the victim has gone through a lot.

"He has gone through something so horrible that no child should ever have to go through, and that is being raped by this defendant on several different occasions and several different ways," the judge said.

The victim and his family were not in the courtroom.

When given the chance to speak, Boerio maintained his innocence.

The first trial for Boerio, who lived at 9827 Oak Place Ct., ended Feb. 27 in a mistrial after the jury was unable to reach a unanimous verdict.

Contact Mark Reiter at: markreiter@theblade.com or 734-241-3610.

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