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Man gets probation for indecent assault

A Palmerton man who pleaded no contest earlier this year to the indecent assault of an eight-year-old girl in 2016 will serve two years on probation following sentencing Friday morning in Carbon County Court.

Brett Hoffman, 65, was charged in 2021 after police said he inappropriately touched the victim in the office room of his Mauch Chunk Road residence five years before.

The case featured multiple continuances over several years as Hoffman dealt with health issues. His attorney, John Waldron, said his client suffers multiple sclerosis, lung cancer, chronic obstructive pulmonary disease and emphysema. Ultimately, Hoffman pleaded no contest to the second-degree misdemeanor in March, leading to felony charges of aggravated indecent assault and corruption of minors to be dropped in the deal.

“What ultimately led to the plea agreement was the fact that Hoffman produced a note from his doctor saying that they did not deem him capable of standing trial in the case,” Assistant Carbon County District Attorney Brian Gazo said Friday. “The victim and her mother agreed to the probationary sentence in an effort to bring some closure to the case.”

The victim, now 15, attempted to address the court Friday and the latter part of her statement was read by her mother after she became too emotional to continue.

“He has caused me anxiety and I have a hard time trusting people,” the victim said in her statement. “I have to live with this trauma for the rest of my life.”

Common Pleas Judge Joseph Matika accepted the negotiated plea deal, albeit reluctantly.

“Up until a few moments ago, I was still not sure if I felt this was an appropriate sentence that had been agreed upon,” Matika said. “That was until I saw the victim try to speak her mind. The lack of ability to speak those words matters to me. If I were to go against this plea agreement and force this case to trial, I would be victimizing that child again. I don’t think that would be the appropriate thing to do.”

Gazo pushed for the full two-year probationary sentence, noting the lifelong trauma left behind for the victim.

“I’ve done cases with a lot worse sexual abuse than what was alleged here, but I’ve been told many times by victims, that is a wrong way for me to summarize it,” Gazo said. “Any form of sexual assault is horrible and the worst thing that could happened to that victim.”

After an evaluation, Hoffman was deemed not to be a sexually violent predator.

Per the sentence handed down Friday however, he must comply with Sex Offender Registration And Notification Act mandates including a 15-year registration requirement. Matika also ordered Hoffman to undergo a sexual offender evaluation and comply with any treatment required, and to have no contact with the victim or her family.