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Carbon man gets prison in indecent assault on minor

A Carbon County judge rejected a recommendation for a probation sentence and instead sentenced a county man to a prison term on Monday on a indecent assault charge.

Judge Steven R. Serfass sentenced Joseph F. Curran II, 36, of Lehighton, to serve three to one day less 24 months in the county prison. Curran previously pleaded guilty to the charge.Serfass rejected a plea agreement entered between Curran, his attorney, Brian Collins, and the district attorney's office for two years probation on the charge.Serfass said he considered all the facts in the case, including the nature of the crime, its impact on the victim and the public in rejecting the probation period. Serfass said at a hearing held last week the victim told the court she was still traumatized by the incident, which occurred over 14 years ago in the time frame of 2000 to 2003. He said the incident "had a dire effect on her and her everyday life."Collins objected to the prison term, stating that it is the common practice in Carbon County, and other counties, that if a judge does not go along with a plea agreement he tells the defendant and gives him the opportunity to withdraw his plea.Serfass said the court is not bound by a recommendation. "The court alone has the ultimate discretion on the sentence imposed," Serfass said. He told Collins he has a right to file a petition for reconsideration of the sentence or request the court to allow Curran to withdraw his plea. Collins then moved to have the court "revoke" the sentence imposed, but Serfass denied that motion.Curran was charged by Lehighton police Detective Scott Prebosnyak following an investigation.According to an affidavit of probable cause filed by Prebosnyak:On Dec. 10, 2015, police received two child line reports via fax regarding sexual assault. The listed victim was a minor at the time of the assaults, and there was another minor in another case. Both cases involved Curran.On Dec. 13, the first victim came into the police department to report that she was a victim of sexual assault. Her statement was taken by officer Joel Gulla, and she said at the time of the assaults she was between the ages of 5 and 7. She is currently 20 years old.The victim said that on multiple occasions, she was sexually assaulted by a relative, who was identified as Curran.The victim said she would regularly go over to Curran's residence in the evening. When a female relative would leave the residence, Curran would take the victim to the basement and touch her inappropriately.On Dec. 16, Prebosnyak asked the victim to come into the police station so that he could interview her in depth, and found her story credible.In the agreement Curran admitted inappropriately touching the female. The plea agreement was actually reached at the preliminary hearing held in the matter. In exchange for the plea, two counts each of aggravated indecent assault, indecent exposure and indecent assault and one count of corruption of a minor were dropped.In addition to the prison term Serfass ordered Curran to submit to a sexual offenders evaluation, he must register for life as a sexual offender under the provisions of Megan's Law after he was found to be a violent sexual predator, have no contact with the victim, pay court costs of about $1,000 and when released pay a $50 per month supervision fee.He will begin the jail term on Nov. 28 at 9 a.m. He was granted work release privileges.