A 77-year-old Chicopee man who once worked as a drug and alcohol counselor was convicted this week of sexually assaulting a client at his Northampton office, but a judge handed him 18 months of probation instead of the two-and-a-half-year house-of-correction sentence and sex-offender registration prosecutors had requested. David Lemke was found guilty of indecent assault and battery following a two-day trial that ended Wednesday.
According to dailyvoice.com, Lemke sexually abused a man in his Northampton office on Nov. 6, 2023, while working as a drug and alcohol counselor. Northampton District Court Judge Mary Beth Ogulewicz sentenced him to 18 months of probation and exempted him from having to register as a sex offender, even though prosecutors had asked for a two-and-a-half-year sentence in a house of correction along with mandatory registration, per the Northwestern District Attorney's Office.
Defense Pushed for Probation, Judge Agreed
Lemke's attorney asked the judge for probation rather than incarceration, and that is ultimately what he received, according to westernmassnews.com. The station reported that the sentence fell well short of what prosecutors had sought, highlighting a gap between the penalty prosecutors pushed for and the one the court imposed. Melissa Sippel, a spokesperson for the Northwestern District Attorney's Office, provided details on the case's outcome to the outlet.
As MassLive reported, Northampton Police Detective Lauren Bolduc investigated the case, while Victim Witness Advocate Jennifer Reid worked closely with the victim throughout the proceedings. Those roles underscore the layers of support involved in bringing the case to trial, even as the final sentence diverged sharply from what prosecutors had pursued.
Prosecutor Says Conviction Sends a Message
Assistant District Attorney Jared Hirsch said the conviction sends an important message that caregivers who abuse trust will be held accountable. Hirsch also said the victim showed courage by coming forward, testifying in court, and sharing the impact of Lemke's actions, according to the same MassLive report.
Sex-offender registration is generally required for this type of offense, which makes the judge's decision to exempt Lemke notable. The dossier of court-related reporting does not detail the judge's reasoning for that exemption, nor does it specify the exact conditions attached to Lemke's probation.
What the Law Allows
Massachusetts law addressing indecent assault and battery on an elder or person with a disability allows for a sentence of up to 10 years in state prison or up to two and a half years in a house of correction, according to Massachusetts General Laws, Chapter 265, Section 13H.
