Wailuku man and Client of Maui defense attorney Cary Virtue, 57, pleaded guilty to third-degree sexual assault of a 12-year old girl and two other third-degree sexual assault charges were dropped as part of a plea agreement which saved the victim from having to testify. Client was sentenced to one year in jail, sex offender treatment, and five years of probation as a result of the sexual molestation that occurred when he went into the girl’s bedroom as she was sleeping.
Client touched her three separate times before she said anything and her mother had to realize she was telling the truth despite Client’s denial. Deputy Prosecutor Kim Whitworth said, “The defendant broke apart this family because of his action” since she and her siblings went to live with a relative afterward.
Defense attorney Cary Virtue said his client is going to counseling, working seven days a week, and has not had any contact with the girl or her siblings since the incident about four years ago.
Client said he was ashamed and sorry, but also called his actions an accident and a discipline.
2nd Circuit Judge Richard Bissen said he believed Client was only in counseling to reduce his sentence and that he needs help to address his problem. “It’s a difficult case, but I think eventually there will be healing from it,” said Bissen.