News Photo by Reagan Voetberg Alex Harimoto is pictured in the 53rd Circuit Court in Presque Isle County on Monday. He was sentenced to 9 months in jail and five years probation for a charge of fourth degree criminal sexual conduct.

ROGERS CITY — Former Executive Director of the Rogers City Downtown Development Association Alex Harimoto, 26, was sentenced to 9 months in jail and five years probation for a charge of fourth degree criminal sexual conduct (CSC) in the 53rd Circuit Court in Presque Isle County on Monday. He will be on the sex offender registry for 25 years.

Jeffrey Kortman, 64, entered a plea deal for which he could receive a maximum sentence of 160 years in prison, also in the 53rd Circuit Court.

Kortman pleaded guilty to multiple counts of drug possession, maintaining a drug house and drug vehicle, and felony firearm charges.

HARIMOTO SENTENCING

Harimoto was arrested and arraigned on June 30. The date of the offense was March 5, 2024. His case was bound over to the 53rd Circuit Court after he waived preliminary examination.

Harimoto pleaded guilty to one count of fourth degree criminal sexual conduct (CSC) on Feb. 2 in the 53rd Circuit Court. Judge Aaron Gauthier revoked Harimoto’s bond and he was taken into the custody of the Presque Isle County Sheriff’s Office.

Harimoto was originally charged with three counts of first degree CSC and three counts of second degree CSC. Those charges were reduced in the plea deal at the request of the victim.

At his sentencing on Monday, Defense Attorney Jesse Williams argued that Harimoto should not get a prison sentence.

Harimoto had multiple letters of support, 53rd Circuit Court Judge Aaron Gauthier said. Letters of support are not read on the record in court but are read by the judge and considered in the sentence.

Williams said that Harimoto and the victim were in a “mutual” relationship and that they fell in love with each other. Harimoto was 24 at the time of the incident and the victim was 15.

The News does not name victims of sexual assault.

Harimoto volunteered for a school program that the victim was involved in. Williams said that the victim and Harimoto did a lot of activities together, including running a race, volunteering for an Earth day clean-up, and attending a trivia night.

Williams said that Harimoto is immature for his age.

“Physically, he barely has any facial hair,” Williams said. “He looks very young, and even though he’s highly intelligent, he is emotionally and socially very immature…If you read the very last paragraph of that (psychological) evaluation, it tells you that placing him in prison is harmful. It doesn’t do society any good.”

Williams said that the pre-sentencing investigation makes it seem as if Harimoto took advantage of and preyed on a young girl, but if you look at what occurred, he got into a relationship with the young lady, the girl’s parents found out, and Harimoto then resigned from his position with the DDA. He put himself into treatment and moved out of the state.

Williams said that Harimoto’s sister talked about the age difference between their parents in her letter of support.

“His sister picked up on the age difference between her own parents and why Alex would have modeled that and not thought this age difference was such a big deal,” Williams said. “I mean, if you believe in science at all and we look at the male brain and his level of maturity and development, there’s nothing extraordinary about these circumstances.”

“This young man should not go to prison … and frankly, I would say he would win in an appeal if this court were to exceed the guidelines,” Williams added.

The sentencing guidelines for Harimoto were zero to nine months in jail for his offense.

Harimoto made a statement prior to sentencing.

“I accept full responsibility and harbor no ill will against anyone involved,” he said. “My actions were driven not by malicious or predatory intent, but were the product of my disastrously poor judgement stemming from my immaturity.”

Alcona County Prosecuting Attorney Elizabeth Reed argued that Harimoto should get 12 to 24 months in prison.

Reed is the prosecutor in the case since Presque Isle Prosecuting Attorney Zakary McLennan recused himself due to a conflict of interest.

The victim made a statement saying that the relationship with Harimoto caused little impact on her life, but it did put a lot of strain on her family. She said that he is a good person with good morals that made a foolish mistake.

“I don’t believe he deserves much of any jail time,” she said.

The victim’s father also made an impact statement, saying that he does not see Harimoto as a predator at all, and he does not believe Harimoto’s behavior is “serial.”

“I truly believe what she’s telling you,” the victim’s father said. “Please do not send him to prison, that’s just another gut punch to her that she means it, and I feel the same way, despite everything that happened. He made a tragic mistake.”

The victim’s father also said that he believes Harimoto, in his mind, did love the victim.

Reed said she had to give Harimoto credit for admitting responsibility and has seen him as nothing but remorseful.

“It’s the people’s position that, you know, in reducing this from a first to a fourth that is a significant benefit to Mr. Harimoto and I don’t think any further reduction is appropriate,” Reed said. “In the interest of a deterrent effect to the rest of the community, I have to recommend a prison sentence here.”

Judge Gauthier ultimately decided to sentence Harimoto to nine months in jail with five years probation.

“It is important to note again, even setting aside the first degree question, that this was, by his own admissions, this was a relationship that involved sexual penetration,” Gauthier said. “A 24-year-old defendant and a 15-year-old victim.”

“We don’t hire children to run downtown development authorities,” Gauthier continued. “We hire men. And women. But we hire adults, right? So, you know, I refuse to sentence Mr. Harimoto today as if he’s a child, because he’s not.”

Gauthier said it is very unusual for a victim’s father to stand before the court and say not to send the defendant to prison.

“I’ve been persuaded today, particularly by the statements of the victim’s family,” he said.

Gauthier said that Williams sent him three sentencing memos, which are meant to humanize a defendant and inform the judge about mitigating factors. Most lawyers never send him a sentencing memo, some will send one, he said, but he has never been sent three.

“So I am persuaded today that a prison commitment would not be what justice would require in these total circumstances,” Gauthier said.

KORTMAN PLEA DEAL

Kortman was originally charged with 13 drug related and firearm felonies.

Law enforcement officers searched his vehicle during a traffic stop on June 24. The officers found cocaine, methamphetamine, and multiple gift cards. A consent search to Kortman’s residence was granted where more drugs were found, as well as an illegal firearm.

All Kortman’s charges are affected by a habitual offender third as a part of the plea agreement. A habitual offender notice raises the maximum penalty for the offenses.

Kortman pleaded guilty to possession with intent to deliver methamphetamine for which he could receive a maximum of 40 years in prison.

He also pleaded guilty to possession with intent to deliver 50 grams or more of cocaine, less than 50 grams of oxycodone, and less than 50 grams of hydrocodone, separate charges that could each give a maximum of 40 years in prison.

He pleaded guilty to maintaining a drug house and maintaining a drug vehicle, which give a maximum of 4 years in prison.

He pleaded guilty to felony firearm for which he could receive 10 years maximum.

All other charges were dismissed.

The four possession charges could run consecutively at the court’s discretion which puts his maximum possible number of years in prison at 160.

Judge Gauthier said that he would not sentence Kortman to the maximum.

Kortman will be sentenced at 10:30 a.m. on July 13.

ALSO IN COURT

Theodore Beck, 66, had a docket call hearing and arraignment. Beck is charged with multiple counts of criminal sexual conduct fourth degree. There may be a motion to quash bind over on one charge, Attorney Matt Wojda said. Beck will next be in court at 10 a.m. on July 13.

Clifford Henshaw, 74, is charged with multiple fourth degree CSC counts. He had an arraignment hearing on Monday. Attorney Brian Prain said he is waiting on the preliminary examination for Henshaw’s other fourth degree CSC case in the 89th District court. Henshaw’s next hearing will be at 10 a.m. on July 13.

Reagan Voetberg. News Staff Writer. rvoetberg@TheAlpenaNews.com.