7-TO-21-YEAR TERM FOR CHILD MOLESTER

Newsday/Alfonso A. Castillo

Kevin J. O'Brien, a 34 year old North Babylon man, was arrested February 1, 2004, for allegedlysodomizing a 14 year old boy on three separate occasions. O'Brien, of Warren Street, sodomized theboy at O'Brien's home, at a motel and at a public dock in North Babylon. On November 28, 2003,after befriending the boy, he showed him a pornographic video at his home. On January 16, 2004, heallegedly took the boy to a local motel and sexually assaulted him and on January 27, committed thesame act with the boy at a public dock while parked in his SUV. O'Brien has been charged with threecounts of second degree sodomy and numerous other charges.

Newly elected Suffolk County Court Judge Barbara Kahn told O'Brien, who pleaded guilty last yearto the charges, that she would not honor a recently retired judge's plea offer that would have setthe man free as early as June. O'Brien also pleaded guilty in 1996 to charges of endangering thewelfare of a different child, a case that was handled by Kahn, then a District Court judge. Overthe objections of prosecutors, Judge Louis Ohlig, in one of his last acts before retiring at theend of the year, in December offered O'Brien a sentence of two years in exchange for a guilty pleaon all the charges. With time off for good behavior, that sentence would have let O'Brien return tohis home, three blocks from the victim's house, by June. Kahn decided to withdraw Ohlig's offer.She gave O'Brien a choice between accepting the prosecutors' plea offer of

2 1/3 to 7 years in prison or rescinding his plea and going to trial, risking the maximum of 21years on the sodomy charges. O'Brien chose the latter.

A jury convicted O'Brien. He faced up to 61 years in prison. He was convicted on three counts ofsodomy, one count of child endangerment and 10 of 17 counts of possessing child pornography.O'Brien was sentenced to 7 to 21 years in prison.

(New York)