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  Naples Man, 41, Gets Eight Years for Molesting Girl, 12

By Aisling Swift
Naples Daily News
December 15, 2007

http://www.naplesnews.com/news/2007/dec/15/naples-man-41-gets-eight-years-molesting-girl-12/

A 41-year-old Naples man who molested a 12-year-old girl was sentenced Friday to eight years in a state prison.

Collier Circuit Judge Elizabeth Krier adjudicated Desiderio Novelo guilty of attempted capital sexual battery and also ordered him to serve 12 years of sex-offender probation, which involves an ankle monitor, a curfew, no Internet use, and a prohibition on driving alone without permission.

The judge also declared him a sexual predator, meaning his photo and address will be public and he must register his whereabouts whenever he moves.

Novelo had been charged with sexual battery, a capital offense punishable by life in prison, and lewd and lascivious molestation, a first-degree felony carrying a maximum of 30 years in a state prison.

But his sentence was part of a plea agreement negotiated by Assistant State Attorney Christopher Klink and defense attorney Antonio Faga.

Klink amended the top charge to a lesser-and-included offense under the capital crime and Novela pleaded no contest. Klink dropped the second count as part of the agreement.

In October 2006, during an interview with the Lee County Children's Advocacy Center, the girl, then 17, disclosed that when she was a 12-year-old sixth grader, Novelo would molest her and try to have sex with her when she was alone in his home. She said she spoke to a church official about the abuse, but received no assistance.

On Feb. 1, Novelo was questioned by Collier County sheriff's investigators and denied the allegations. He returned to his job as a sheet-metal laborer, but six days later, he took a polygraph test, which showed deception, and he was arrested.

He was booked into the county jail, where he has remained since. The judge gave him credit for time already served in the county jail.

 
 

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