Steven Joseph Rekowski v. State of Indiana (mem. dec.)

MEMORANDUM DECISION
Pursuant to Ind. Appellate Rule 65(D),
this Memorandum Decision shall not be
regarded as precedent or cited before any FILED
court except for the purpose of establishing Jun 21 2017, 9:20 am
the defense of res judicata, collateral CLERK
estoppel, or the law of the case. Indiana Supreme Court
Court of Appeals
and Tax Court
ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE
R. Patrick Magrath Curtis T. Hill, Jr.
Alcorn Sage Schwartz & Magrath, LLP Attorney General of Indiana
Madison, Indiana
Christina D. Pace
Deputy Attorney General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
Steven Joseph Rekowski, June 21, 2017
Appellant-Defendant, Court of Appeals Case No.
15A01-1612-CR-2777
v. Appeal from the Dearborn Circuit
Court
State of Indiana, The Honorable James D.
Appellee-Plaintiff Humphrey, Judge
Trial Court Cause No.
15C01-1601-F1-001
Pyle, Judge.
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Statement of the Case
[1] Steven Rekowski (“Rekowski”) appeals the sentence imposed after he pled
guilty to three counts of Level 1 felony child molesting,1 three counts of Level 5
felony child exploitation,2 and one count of Level 6 felony performing sexual
conduct in the presence of a minor.3 Rekowski specifically argues that his
sentence is inappropriate in light of the nature of the offenses and Rekowski’s
character. Because Rekowski has failed to persuade us that his sentence is
inappropriate, we affirm the sentence.
[2] We affirm.
Issue
The sole issue for our review is whether Rekowski’s sentence is
inappropriate.
Facts
[3] On December 31, 2015, Rekowski went to S.B.’s (“S.B.”) house to do some
laundry. Rekowski and S.B. had known each other for eight or nine years.
When Rekowski arrived at S.B.’s house, S.B. was getting ready to go in to work
for an hour to do some paperwork. She planned to take her daughters, four-
year-old A.R. (“A.R”) and ten-year-old J.R. (“J.R.”) with her. When the two
1
IND. CODE § 35-42-4-3.
2
I.C. § 35-42-4-4.
3
I.C. § 35-42-4-5.
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girls asked if they could stay home, Rekowski offered to watch them while S.B.
was gone. When S.B. returned home about an hour later, Rekowski laughed
and showed her a picture of A.R., who had fallen asleep against the wall in her
room. Rekowski said he took the pictures “because it was funny how she fell
asleep.” (Tr. 81).
[4] The following day, Rekowski and Stephanie Weaver (“Weaver”) stopped by
S.B.’s house. Weaver told Rekowski to tell S.B. what he had done the night
before. Rekowski told S.B. that “he [had taken] advantage of a situation,” and
Weaver began showing S.B. photos and videos that she had found on
Rekowski’s phone. (Tr. 77). The photos and videos showed Rekowski
molesting A.R. and J.R. Specially, there were photos and videos of Rekowski
placing his finger and tongue into A.R.’s vagina as well as photos and videos of
Rekowski placing his penis into a sleeping or unconscious J.R.’s mouth.
Rekowski subsequently ejaculated into J.R.’s mouth and then took pictures of
J.R. with semen on her lips and face.
[5] After seeing the photos and videos, S.B. contacted the police, who took
Rekowski to the police station for questioning. Rekowski admitted that he had
molested A.R. and J.R. but insisted that the molestations were “a first-time
thing.” (Ex. at 57). Police officers subsequently conducted a search of
Rekowski’s apartment where they found muscle relaxing pills, children’s toys,
sex toys, gels, lubricants, and female children’s underwear. The officers also
found numerous multimedia devices, including cell phones and computers.
Sergeant Matthew Simmons (“Sergeant Simmons”) from the Indiana State
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Police Cyber Crimes Unit forensically examined eleven of the devices, which
included 846,122 images and/or video files. Sergeant Simmons classified
approximately 272,687 of those files. Ten percent of those files could be
classified as child pornography, and 84 percent of the files could be classified as
child erotica.4 Approximately 9,000 of the files were files frequently possessed
by those involved in child pornography. Sergeant Simmons also located
pictures and videos of Rekowski engaged in sexual acts with children.
[6] Police officers discovered that two of the children in the photographs were
eight-year-old M.F. (“M.F.”) and seven-year-old A.B. (“A.B.”), who are the
daughters of T.B. (“T.B.”). T.B. and her husband had taken Rekowski “into
[their] home when he was down on his luck, [they] fed and housed him and
helped him to [the] best of [their] ability [even though they] didn’t have much
[themselves] and . . . asked for nothing in return.” (Tr. 90). Pictures and videos
found on Rekowski’s phone showed him playing a “game” where he held M.F.
upside down and coerced her to pull down his pants, grab and touch his erect
penis, and place it in her mouth. (Tr. 58). A.B. watched the “game,” and in
the video, both of the girls were laughing. (Tr. 58). There were additional
photographs on the multimedia devices that revealed Rekowski molesting
unidentified children.
4
Child erotica “can be classified as things that don’t go into the realm of child pornography such as modeling
pictures of children in lingerie, bathing suits, demeanor such as that or images that are showing a naked
child, however, it is unable to determine what their age might be.” (Tr. 103).
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[7] The State charged Rekowski with multiple offenses, and he eventually pled
guilty to three counts of Level 1 felony child molesting for molesting A.R., J.R.,
and M.F.; three counts of Level 5 felony child exploitation for acts involving
A.R., J.R., and M.F.; and one count of Level 6 felony performing sexual
conduct in the presence of a minor. At the sentencing hearing, S.B. testified as
follows regarding the impact of the molestations on her family:
After this happened I nearly lost my job from staying home
because if they weren’t at work with me I didn’t go to work. . . .
Then I eventually just quit because they just couldn’t be there all
the time, every day. I just don’t trust anybody to be around them
anymore. . . . It’s the worst thing that could ever happen. I feel
like a terrible person that . . . I had to run to work for an hour
and something like this could have happened. I felt like [it was]
my fault that I did something wrong for letting somebody I
kn[e]w for eight (8) or nine (9) years sit with them for an hour.
(Tr. 82). In addition, the following letter from T.B. was read into the record of
the sentencing hearing:
This monster molested my little girls, he did things I cannot even
fathom . . . a grown man even thinking about doing to a child.
He violated my babies. . . . They should be playing and enjoying
life but instead they are drug from appointment to appointment
to try and put those pieces back together again. This is not what
a child should be doing or have to go through. They had their
innocence ripped away from them for what? For this sick
monster’s self-desires. He took their childhood away from them
forever. My children have been through so much already that no
child should ever have to go through. . . .
(Tr. 90).
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[8] Also at the sentencing hearing, the State pointed out that Rekowski was facing
a maximum sentence of one hundred seventy and one-half (170 ½) years and
that “he deserve[d] every day of this sentence.” (Tr. 160). The State further
argued that “in [its] years of experience, [Rekowski was] probably the worst
child molester that [it had] ever seen.” (Tr. 160). The State pointed out that
Rekowski did not just molest the children, he photographed the molestations.
Rekowski responded that he was not the “worst of the worst when the worst
possible acts didn’t occur . . . .” (Tr. 165). According to Rekowski, there were
some sexual acts that did not occur in this case that would have been “worse
than what happened in this case.” (Tr. 164).
[9] In its written sentencing order, the trial court found four aggravating
circumstances. First, the trial court noted that Rekowski has a criminal history
that includes five felony convictions, eight misdemeanor convictions, and three
probation violations. The trial court explained that both video and
photographic evidence revealed that Rekowski committed sexual offenses
against the four victims in the case as well as five to ten additional children.
Second, the trial court found that the nature and circumstances of the crimes
also constituted an aggravating factor. According to the trial court, the offenses
included children who were substantially younger than the statutory
requirement to be under the age of fourteen for the enhancement to a Level 1
felony. The trial court further explained that “[Rekowski’s] lack of respect and
callousness towards these young children is appalling. [His] treatment of small
children as sexual toys cannot be tolerated in a civilized society. It is hard to
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imagine a more disgusting display of human behavior.” (Sentencing Order at
6). Third, the trial court found that the effects of the crime was also an
aggravating factor. The trial court explained that the effect of the harm to the
children may not be known for years; however, it was clear that the parents of
the children had been emotionally devastated. Fourth, the trial court found that
Rekowski’s future dangerousness was also an aggravating factor. According to
the trial court, Rekowski’s actions showed that he was a clear, present, and
continuing danger to children. The trial court considered Rekowski’s guilty
plea to be a slight mitigating factor.
[10] After reviewing the aggravating and mitigating factors, the trial court sentenced
Rekowski to fifty (50) years for each of the Level 1 felony convictions; six (6)
years for each of the Level 5 felony convictions; and two and one-half (2 ½)
years for the Level 6 felony conviction. The trial court further ordered all of the
sentences to run consecutive to each other for a total executed sentence of one-
hundred and seventy and one-half (170 ½) years. Rekowski now appeals his
sentence.
Decision
[11] Rekowski’s sole argument is that his sentence is inappropriate. Indiana
Appellate Rule 7(B) provides that we may revise a sentence authorized by
statute if, after due consideration of the trial court’s decision, we find that the
sentence is inappropriate in light of the nature of the offense and the character
of the offender. The defendant bears the burden of persuading this Court that
his sentence is inappropriate. Childress v. State, 848 N.E.2d 1073, 1080 (Ind.
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2006). Whether we regard a sentence as inappropriate turns on the “culpability
of the defendant, the severity of the crime, the damage done to others, and
myriad other factors that come to light in a given case.” Cardwell v. State, 895
N.E.2d 1219, 1224 (Ind. 2008).
[12] When determining whether a sentence is inappropriate, we acknowledge that
the advisory sentence is the starting point the Legislature has selected as an
appropriate sentence for the crime committed. Childress, 848 N.E.2d at 1081.
Here, Rekowski pleaded guilty to three Level 1 felonies, three Level 5 felonies,
and one Level 6 felony. The sentencing range for a Level 1 felony is from
twenty (20) to fifty (50) years, with an advisory sentence of thirty (30) years.
I.C. § 35-50-2-5. The sentencing range for a Level 5 felony is from one (1) to six
(6) years, with an advisory sentence of three (3) years. I.C. § 35-50-2-6. The
sentencing range for a Level 6 felony is from six (6) months to two and one-half
(2 ½) years, with an advisory sentence of one (1) year. I.C. § 35-50-2-7. The
trial court sentenced Rekowski to the maximum sentence for each conviction
and ordered the sentences to run consecutively, for a total executed sentence of
one hundred and seventy and one-half (170 ½) years.
[13] With regard to the nature of the offenses, Rekowski offered to care for A.R. and
J.R. while their mother went to work. When he got the young girls alone,
Rekowski placed his tongue and finger into four-year-old A.R.’s vagina and
took photos and videos of his actions. Rekowski also placed his penis in J.R.’s
mouth, ejaculated, and then took pictures of his semen on J.R.’s face and
mouth. In addition, Rekowski took photos and videos of these acts. Further,
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Rekowski abused the trust of friends who had given him a place to stay when
he was “down on his luck” by playing sexual games with their seven- and eight-
year-old daughters. (Tr. 190). Specifically, photos and videos showed
Rekowski playing a “game” where he held M.F. upside down and coerced her
to pull down his pants, grab and touch his erect penis, and place it in her
mouth. (Tr. 58). M.F.’s sister A.B. watched the “game,” and in the video, both
of the girls were laughing. (Tr. 58). While Rekowski claims that these
instances of molestation were not the worst that could have occurred, we find
that the self-preserved evidence of sexual abuse contradicts his self-serving
argument. The nature of Rekowski’s offenses demonstrates the likelihood that
the psychological damage to his victims will likely “be more devastating than
physical injury. This is especially true of children of tender years when they are
victimized in the manner described in this case.” Lasley v. State, 510 N.E.2d
1340, 1342 (Ind. 1987).
[14] With regard to his character, Rekowski has an extensive criminal history that
includes five felony convictions, eight misdemeanor convictions, and three
probation violations. Rekowski’s former contacts with the law have not caused
him to reform himself. See Jenkins v. State, 909 N.E.2d 1080, 1086 (Ind. Ct.
App. 2009), trans. denied. In addition, Rekowski’s multi-media devices included
child pornography and erotica, including images that he produced as he was
molesting children. Rekowski further abused positions of trust with friends and
neighbors by offering to care for their children and then molesting those
children while they were in his care.
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[15] Given the multiple children molested here and after due consideration of the
trial court’s decision, Rekowski has failed to persuade this Court that his
sentence is inappropriate in light of the nature of the offenses and the character
of the offender. See, e.g., Serino v. State, 798 N.E.2d 852, 857 (Ind. 2003) (noting
that “when the perpetrator commits the same offense against two victims,
enhanced and consecutive sentences seem necessary to vindicate the fact that
there were separate harms and separate acts against more than one person”).
See also Mitchem v. State, 685 N.E.2d 671, 680 (Ind. 1997) (explaining that the
“basis for the gross impact which consecutive sentences may have is the moral
principle that each separate and distinct criminal act deserves a separately
experienced punishment”).
[16] Affirmed.
May, J., and Brown, J., concur.
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