The state Superior Court has affirmed the 82-164-year sentence for Elvin Lamey on Monday, denying an appeal made by Lamey shortly after he was sentenced.
Lamey, 28, of Howard, was accused of raping and molesting three children in August 2014, the CDT reported. Initially arrested and charged with rape of a child, statutory sexual assault by someone 11 or more years older than the victim, incest of a minor under 13 and corruption of minors and involuntary deviate sexual intercourse with a child, additional charges were soon added to the former concession worker.
During the trial under Judge Bradley Lunsford, the mother of the three children said she discovered the abuse in 2012, the CDT reported. The children themselves testified via videoconference, saying Lamey repeatedly touched them inappropriately.
It took jurors less than two hours to convict Lamey on more than 30 counts of child rape, incest, corruption of minors, indecent assault and other charges in November 2014, the CDT reported.
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Lamey was sentenced by Judge Jonathan Grine to a total of 82 to 164 years in April 2015, the CDT reported. Grine sentenced Lamey to seven 10- to 20-year consecutive sentences, six two- to four-year consecutive sentences and several nine- to 18-month concurrent sentences.
Lamey was deemed by the court to be a sexually violent predator, the CDT reported, and will be required to register under the Sex Offender Registration and Notification Act for the remainder of his life.
Lamey returned to court in May 2015, the CDT reported, requesting a new trial or a modified lesser sentence because of “various points of error” committed by Lunsford and because of an “excessive” sentence passed down by Grine.
Lamey’s appeal to the Superior Court argued that the trial court “abused its discretion” for not granting his motion for Lunsford to be recused from the case, a Centre County District Attorney’s Office news release said. The appeal argued that Lunsford was extensively involved in the Children’s Advocacy Center of Centre County and showed his “bias towards children of sexual abuse and against persons charged with sex crimes.”
After reviewing the issue, the release said, the court concluded that its review did not reveal bias on the part of the trial judge during both the recusal proceeding or the jury trial.
Lamey also claimed he received an illegal sentence for the mandatory minimum term of 10 years each for the charges of rape and involuntary deviate sexual intercourse, the release said. The court responded saying that “the court imposed an individualized sentence, taking into consideration all relevant sentencing factors,” and the claim did not merit resentencing.
“He is right were he belongs and the children have started to live a normal life, free of fear and pain where they can trust adults again,” District Attorney Stacy Parks Miller said in the release.