Port Man Jailed For Incest
Fathered three children with his daughter, prosecutors said
By Carl Hamilton
Originally published in the Cecil Whig, June 5, 2002
A Port Deposit man who fathered three children with his daughter received a five-year prison term Tuesday for incest.
John Henry Barton, 60, forced his daughter to have sex with him on numerous occasions between 1965 and 1983, according to an indictment filed in Cecil County Circuit Court.
Barton abused his daughter mentally and physically to sustain the incestuous relationship, which lasted more than 20 years, the victim reported in a letter submitted to the court.
The victim was about 16 when she gave birth to her father's child, court records show. She continued to live with her father and mother until last year, giving birth to two more of his children, according to court records.
"This is an exceptional case which deserves an exceptional sentence," noted Cecil County Circuit Court Judge O. Robert Lidums.
He continued, "The nature and duration of what transpired here … It was a way of life."
Lidums handed Barton the maximum 10-year sentence for incest and then suspended half of it.
The judge also imposed a consecutive 15-year sentence on Barton for child abuse, once again giving the maximum penalty. He suspended that sentence.
Lidums ordered Barton to serve five years of supervised probation upon his prison release.
In addition, the judge prohibited Barton from having any contact with the victim and her children if they live with her.
Barton pleaded guilty to incest and child abuse in April as part of a plea agreement with the state. In exchange, prosecutors dropped two other counts of incest and related charges.
Barton faced a total of 25 years in prison.
On Tuesday, however, Barton's numerous health problems came into play at sentencing.
Barton uses a wheelchair or a walker because he suffers from a degenerative disc disease. He also is in the early stages of Alzheimer's disease. Plus, Barton has severe high blood pressure.
He requires medication and treatment, including physical therapy, for his health conditions, court officials report.
The Cecil County Department of Parole and Probation recommended that Barton receive strict home detention instead of incarceration.
That way, according to the agency, taxpayers wouldn't be burdened by the expense of Barton's health care.
Parole and Probation's written recommendation, which Lidums read in court, acknowledged, "This crime screams for a maximum punishment."
But the expected high cost of meeting Barton's health needs during imprisonment overrides the need for a stringent sentence, according to the document.
Barton's assistant public defender, John K. Northrop, agreed with Parole and Probation's recommendation.
As mitigation, Northrop reminded the judge that Barton had been sexually abused as a child. He also reported that Barton is "functionally literate" and that he has an otherwise clean criminal record.
Assistant State's Attorney David H. Parrack recommended that Barton serve a 10-year prison term for incest. He also recommended that the judge hand Barton a consecutive, suspended 15-year sentence for child abuse.
"Her life has been filled with fear since she was 12 years old," Parrack commented, referring to the victim. "That's two decades of suffering."
Before imposing sentence, Lidums noted that he appreciated why Parole and Probation recommended home detention in light of Barton's costly health needs.
But it wasn't enough to convince him.
Lidums ordered Barton to serve five years in prison—five years more than what Parole and Probation had recommended and five years less than what the state had recommended.
"I can see the rationale behind the (home detention) recommendation," Lidums said. "But what keeps hitting me in the face is we have a daughter of a defendant who apparently went through hell as a child."
And she and her children may continue to suffer from Barton's offenses, Lidums added.
