RICHMOND —
A man found guilty by a Madison County jury of first-degree attempted rape was sentenced to five years in prison Thursday, although his attorney indicated that he planned to appeal.
Joseph R. Maziarz II, 25, was convicted Jan. 31 following a jury trial in Madison Circuit Court. Assistant Commonwealth’s Attorney Jennifer Smith argued during the two-day trial that upset over the recent breakup with the mother of his two children, Maziarz attempted to sexually assault the woman’s mother at her Berea home during the early morning hours of July 2.
The woman, his children’s grandmother, was babysitting the young children when the attack occurred, and both children awoke during the incident, the victim and Maziarz testified. The oldest child, 3 at the time, came into the bedroom during the assault.
Judge William G. Clouse followed the jury’s recommendation of a five-year sentence. At the time of the attempted rape, Maziarz was on probation for a 2007 felony conviction for second-degree burglary and receiving stolen property (firearm). He must serve the remainder of that five-year sentence consecutively with the time for the attempted rape.
Maziarz must serve 85 percent of the attempted rape sentence before becoming parole-eligible because Kentucky law regards it as a violent crime.
“You will have to register with the (sex offender) registry,” Clouse told Maziarz during the sentencing. Clouse also told Maziarz he would be under a five-year conditional release upon the completion of the sentence and must remain 1,000 yards away from schools and daycares.
Maziarz’s attorney Katherine Paisley was present at the sentencing.
“Mr. Maziarz intends to file an appeal,” Paisley told the judge, submitting a notice-of-appeal motion with the court.
Paisley also said Maziarz could no longer afford a private attorney and wished to apply for a public advocate. Clouse accepted Maziarz’s application and said a public advocate would be appointed to assist him with his appeal.
Paisley said Friday that she did not know under what basis Maziarz planned to appeal his sentence. His new attorney would probably review the trial tapes and make a determination afterward, Paisley said, noting she was no longer the attorney of record in the case.
Sarah Hogsed can be reached at shogsed@richmondregister.com or 624-6694.
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