Published: August 21, 2008 11:01 pm            

Judge accepts Nichols plea deal

Victims unhappy no jail time will be served in molest case

NOBLESVILLE — For a brief moment, Aaron Nichols faced his victims and their families.

“I’m so sorry,” he said Thursday in Hamilton County Circuit Court.

Turning toward Judge Judith Proffitt, the 21-year-old from Tipton listened as she confirmed the charges against him.

In previous proceedings, Nichols admitted to fondling and touching two young boys in 2002 and 2003, pleading guilty to three counts of Class C felony child molest — one filed in Tipton County and two in Hamilton County — as part of a plea agreement.

Proffitt sentenced Nichols to six years in prison, all suspended, with eight years probation. He will not serve jail time. Nichols also would be required to register as a sex offender for 10 years. He is also required to continue psychological treatment.

The plea deal was reached between Hamilton County Deputy Prosecutor Stephanie Smith and Nichols’ defense attorney, Jim Crum.

It was one many didn’t agree with, and some in the courtroom Thursday expressed their anger with the agreement.

Leading up to Thursday’s hearing, family members and supporters of the victims sent letters and held protests in hopes the judge would throw out the plea agreement in favor of a stricter penalty.

The mother of the Tipton victim said she was very surprised by the judge’s decision. Because it is Tribune policy to not identify victims of child molest, the name of the mother has been withheld.

“I am very surprised,” she said. “People aren’t protected. We have no rights.”

She had mixed emotions on Nichols’ public apology in court Thursday.

“I don’t know if it’s sincere or not. I guess that will be determined by his actions in the future,” she said.

Proffitt said she reached her decision after receiving the prosecutor’s recommendation and listening to Nichols’ clinical psychologist, Peter Malinoski, and family members of the victims. Taking into consideration Nichols’ age at the time the crimes occurred — he was a teenager — she said she agreed with Malinoski’s conclusions against jail time.

Malinoski said juvenile offenders are far more likely to be rehabilitated than adults and that he believed Nichols hadn’t been involved in any further activity since coming forward with the crimes in 2006.

He argued that if Nichols were imprisoned, he’d emerge worse off than if rehabilitated through therapy.

“[Interrupting the course of treatment would be a] detriment, obviously to the patient and by extension to the community,” he said.

His comments were rejected by the majority of the courtroom audience supporting the victims and their families.

Another victim’s mother said she was angered with Smith for making the deal.

She said Smith failed to review the transcripts properly and file charges in relation to other victims Nichols allegedly admitted to molesting.

She pointed to the severity of the charges originally brought against Nichols, including felony deviant sexual conduct, felony child molest and felony fondling or touching a minor. Those charges stemmed from alleged victims who were 7 or 8 and 11 in Hamilton County.

Smith and Proffitt took over the case after Tipton County Prosecutor Jay Rich and Tipton Circuit Court Judge Tom Lett recused themselves due to perceived conflicts of interest.

Both men have worked with Nichols’ father, Tipton County Coroner Bob Nichols, and his uncle, Tipton County Councilman Brad Nichols.

Aaron Nichols was waived to adult court after nine months of court hearings to determine his status.

“There are no winners today, and we’re praying for all the victims involved,” said his father.

        

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