Man sentenced in battery case

November 12, 1996


Staff Writer

Washington County Circuit Judge Fred Wright on Tuesday sentenced Lloyd James Kane to 18 months in the Washington County Detention Center for his conviction on a battery charge.

"He forced himself on another person,'' Wright said. "He's of age to know the consequences.''

Kane, 20, of Clear Spring, originally was charged with the second-degree rape of a 16-year-old girl last March. A Washington County Circuit jury convicted him of the lesser offense on Oct. 24.

Assistant State's Attorney Duane Gigeous urged Wright not to give Kane a suspended sentence.

"He's a danger to society, he has demonstrated that twice,'' Gigeous said, referring to a 1993 manslaughter conviction.

Wright also denied a defense motion for work release. "There has to be a statement made here,'' Wright said. "Self-interest and acting out will not be condoned.''


Defense attorney Steve Kessell argued Tuesday that the jury found no rape had occurred. "It wasn't a predatory act,'' Kessell said.

The jury heard testimony in October about six young people who spent several hours together on March 29.

The victim testified she went to the Clear Spring-area home of her boyfriend that evening, and had consentual sex with the boyfriend.

After the boyfriend left the room, the victim said, Kane came in and, despite her efforts to stop him, had sexual intercourse with her.

One witness testified he was across the hall having consentual sex with a 17-year-old girl when he heard the victim crying.

Another said he heard the victim say "Lloyd, get off me,'' but didn't investigate for up to 10 minutes.

That witness, who went into the room, said Kane got up, grabbed his clothes and left the room.

The boyfriend testified Kane came downstairs, announced he had sex with the victim and left.

The woman reported the incident the next day.

Kane didn't testify at the trial.

Investigator Roy Harsh, of the Washington County Sheriff's Department, in April charged Kane with second-degree rape, a fourth-degree sexual offense and battery.

When he was 16, Kane was charged as an adult with manslaughter in the Feb. 1, 1993, shooting death of his friend, Gregory Lynn Shoemaker. That case was eventually sent back to juvenile court for trial.

Kane faces a violation of probation hearing on the manslaughter conviction.

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