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Published: Monday, December 17, 2012 @ 5:46 PM
MIAMI COUNTY — A Troy father was sentenced Monday to at least 60 years in prison after pleading guilty to six counts of raping his two adopted sons and a third boy he was in the process of adopting.
Wearing orange jail clothing and with his ankles shackled, Kenneth H. Brandt, 40, softly said, “No, sir” when asked if he wanted comment before sentencing in front of Miami County Common Pleas Judge Robert J. Lindeman.
The plea agreement with prosecutors stipulates that Brandt will turn from defendant to prosecution witness in the Jan. 8 trial of Jason Zwick. Zwick, 30, of Beavercreek, is accused of three counts of rape against one of Brandt’s sons after Zwick allegedly answered Brandt’s Craigslist ad for taboo sex.
“The main reason Mr. Brandt wanted to plead was to insure that the children in this case wouldn’t have to come into court and testify,” Gounaris said. “As it relates to his case, we’ve accomplished that goal.”
Brandt,who was caught by an Internet crimes task force, originally faced 31 felony rape counts in Miami County and still faces seven rape or complicity to commit rape counts in Montgomery County. Of the Miami County charges, 25 were dismissed in the deal along with a specification that one of the three victims was under age 10.
“I have no comment at this time,” Miami County Prosecutor Gary Nasal said Monday. “There are other matters pending that involve this defendant. We’ll comment after those matters are concluded.”
Those matters include Brandt’s Montgomery County case, which is scheduled for a Thursday plea. It also includes testifying if and when Zwick’s trial starts.
“One of his responsibilities is he’s going to be testifying in the Zwick trial for the state,” said Brandt’s attorney, Nick Gounaris. “We’ve expected that. We’ve been planning for that to happen and I expect that to happen as well.”
Each of the six counts of rape drew 10-years-to-life sentences to be served consecutively. Brandt also was labeled a Tier III sex offender, which means he would have to register with the Sheriff’s office every 90 days in the unlikely event he ever gets released.
Lindeman said Brandt will be credited with 297 days in jail and will be kept in Miami County until the conclusion of the other legal proceedings before being transferred to state prison.
Brandt, Zwick and Dayton’s Patrick Rieder, 32, of Dayton were indicted in the spring as part of an investigation by the Ohio Internet Crimes Against Children Task Force. Rieder was indicted on charges of sexual activity with one boy in Montgomery County.
Asked if Brandt would be cooperating with prosecutors in the case against Rieder, Gounaris said: “I don’t want to discuss that until it’s final.