Judge To Lierman: You Used Love, Trust Against Victim

Prior to sentencing a Neligh man on eight counts of sexual assault of a child and child abuse on Wednesday, the judge delivered some powerful statements to the defendant.

During the allocution, Judge Mark Johnson told Darryl Lierman that his actions destroyed the love and trust of an innocent child. 

"This court finds it very difficult to determine what kind of a person it takes to use that love and trust as a weapon against her to satisfy your desires over a period of years," the judge said.

Judge Johnson said Lierman subjected his victim "to the worst of humanity to fulfill your foul desires."

"And then she is subjected to hours of deposition and has to tell a courtroom full of strangers the foul deeds that you subjected her to, while questioning her truthfulness," he said. "All the while you sat in that chair, knowing the truth. You have taken an innocent child and harmed her for the rest of her life."

When Stratton made his own statement, he said that his client's "position hasn't changed" and that Lierman "has maintained his innocence from the very beginning."

Judge Johnson sentenced Lierman to a total of 70 years in prison, with a minimum of 57 1/2 years (less 272 days served) before he is eligible for parole. More specifically, Lierman was sentenced to an indeterminate term of not less than 20 years, nor more than 40 years on each of the three counts of first-degree sexual assault of a child, class 1B felonies. The judge then sentenced him to an indeterminate term of not less than 2 years, nor more than 4 years on both counts of third-degree sexual assault of a child, class 3A felonies. Lierman was also sentenced to an indeterminate term of not less than 2 years, nor more than 4 years on each of the three counts of child abuse, class 3A felonies. Judge Johnson ordered that all of the sentences be served consecutively under the jurisdiction and control of the Nebraska Department of Corrections.

The judge said although it "may be a mute point" for the 51-year-old, if Lierman should happen to be released from prison, he would be required to register as a sex offender and be subject to civil commitment and mental health evaluations. 

Lierman sat stoically while the judge handed down his sentences. Before he learned his fate, he asked his court-appointed attorney, Doug Stratton, to read his statement of innocence to the court.

In his statement, Lierman claimed that the victim was suicidal, he tried to get her help, and she wanted out of the house. He said the victim and "all the lying she's done" is now going to "send an innocent man to prison."

Assistant Antelope County Attorney Joe Smith spoke to refute the letter, telling Judge Johnson that, as a judge, he is "not really allowed to get angry" after hearing Lierman's letter, but others who put in "weeks and weeks and years and years of work" may be angry by Lierman's statements and lack of remorse.

Smith said there are now two little girls with "a childhood that will never be realized."

"The victims did nothing to induce or facilitate these crimes," he said. "The only thing they did was be born female and put into a family with a predator."

Smith said history has proven his willingness to reoffend, and "nothing but being in prison, locked behind a door will keep him from reoffending."

"This was a jury trial," he said. "The trial was fair. The jury was fair. He had excellent defense lawyers. So that letter he read, shows a lack of character."

The judge commended the numerous people who contributed time and effort to ensure a fair trial, such as the jury, court staff, law enforcement officers and attorneys.

"The prosecution and defense have put in countless hours, sometime to the point of exhaustion to admit only the evidence that is allowed by the constitution," he said. "Every opportunity was allowed to you, everyone you desired to depose. During the trial, the jury was sequestered, separated from their loved ones, kept from their jobs, to offer you a fair trial."

The judge said those involved "even went into the evenings, weekends and holidays" so the trial could continue efficiently.

In the end, he said "they found you guilty beyond a reasonable doubt on all eight counts against you."

During the jury trial, the prosecution called more than a dozen witnesses to the stand, including two victims who testified that Lierman sexually assaulted them as young as 10 or 11 years old.

His court-appointed attorneys were Doug Stratton and Jason Doele, and the state was represented by Antelope County Attorney Joe Abler, Assistant Antelope County Attorney Joe Smith and Assistant Nebraska Attorney General Sandra Allen.

After a 9-day trial, the 12-member jury, made up of 8 women and 4 men, found Lierman guilty of three counts of first-degree sexual assault of a child, two counts of third-degree sexual assault of a child and three counts of child abuse. The jury took less than 4 hours to deliberate and unanimously find him guilty on all counts on January 17.