Judge Adds 10 Years to Child Rapist's Sentence
By Michael Vigh
Originally published in The Salt Lake Tribune, May 3, 2001
Saying a Grantsville man who videotaped himself having sex with his 15-month-old granddaughter is an incurable sexual predator, a federal judge on Wednesday sentenced him to 10 years in a federal prison.
U.S. District Judge Dee Benson tacked the sentence to a 35 years-to-life sentence that Kenneth Roger Hardy, 50, is already serving at the Utah State Prison for raping, sodomizing and sexually abusing the girl.
Benson noted Hardy has received no therapy in prison. He added that the two consecutive sentences meant it was likely that Hardy would spend the rest of his days behind bars.
"His risk to people close to him has been extraordinary," Benson said. "I can only conclude it would continue to be … I haven't heard about a cure for this problem."
On Wednesday, a shackled Hardy told Benson he was sorry for hurting his family. He said he has signed up for a sexual abusers program at prison.
"I can't undo what happened," said Hardy. "But I hope to make things better in the future."
Earlier this year, Hardy pleaded guilty to a federal charge of videotaping the attack. In exchange for the plea, prosecutors dropped a second count of possession of child pornography. In 1999, Hardy pleaded guilty to charges of rape, child sodomy and aggravated sexual abuse of a child in the same case.
Defense attorney Lee Rasmussen has said his client feels great remorse. He has portrayed Hardy as a man whose voyeuristic tendency and partial unemployment made him vulnerable to porn sites on the Internet.
Even seasoned investigators were appalled at the 20-minute video, which showed Hardy smiling frequently into the camera as he assaulted the toddler while tending her. Hardy's son-in-law found the tape and showed it to the baby's mother, who turned it over to police.
Investigators said Hardy may have assaulted the toddler up to 40 or 50 times. Hardy, however, said it was no more than four or five times.
Hardy has a history of pedophilia. In 1991, Hardy pleaded no contest to a class A misdemeanor in Salt Lake City for spying on his then-12-year-old daughter, the mother of the infant, while she showered. Prosecutors said Hardy videotaped his daughter but was not prosecuted for the taping.
After the 1991 conviction, Hardy received treatment. Believing he had successfully completed his treatment, the girl's father said he and his wife were not apprehensive about leaving their child in his care.
