An Austin man was sentenced to 21 months in prison Wednesday for sexually molesting a 6-year-old girl in his wife’s day care.

Thursday, August 24, 2000

An Austin man was sentenced to 21 months in prison Wednesday for sexually molesting a 6-year-old girl in his wife’s day care.

Larry Byron Mueller of 1915 Fourth Ave. SE was found guilty of criminal sexual conduct in the third degree earlier this summer by a Mower County jury, although Mueller maintained his innocence throughout the proceedings.

On Wednesday, Third Judicial District Judge Donald E. Rysavy denied a request by Mower County Attorney Patrick A. Oman for a double departure from sentencing guidelines to 42 months in prison, but that’s where the man with no prior criminal history is headed this weekend. Mueller must report to the Austin-Mower County Law Enforcement Center at 8 a.m. Friday for transportation to the St. Cloud Correctional Facility.

The girl was sexually molested by Mueller while she and other children were at his wife Joyce’s day care in their home. On Wednesday, the child’s mother read a letter to Mueller in which she said her daughter lives in "fear and confusion" and asked the defendant: "Would you do this to your own child or grandchildren?"

While her husband watched, the mother also said, "I never knew I could experience so much anger and hate as I do for you."

The mother also read a letter from her daughter to the defendant. In the now 7-year-old girl’s vocabulary, the victim wrote: "He is a jerk. You made me afraid and I never want to see you again."

Oman told the court that a presentence investigation showed that Mueller was not amenable to probation and treatment for his offense. He said the request for an upward departure from sentencing guidelines was, in part, merited by Mueller’s "gross violation of his position of trust and authority."

Stephen R. Erickson, Mueller’s Albert Lea court-appointed attorney, told the court his client has no prior criminal history except traffic offenses.

He and his wife have four grown children and what happened was a "tragedy," according to the defense attorney.

Erickson then reminded the court that the jury acquitted Mueller on the most serious charges and "found him guilty on the other charge in a case that was hanging by the thread.

"I am somewhat miffed at the request for a double departure from sentencing guidelines," admitted Erickson, who went on to say there is "absolutely no basis" for doing that.

"There are no aggravating factors in any way to suggest the presumptive sentence should be double departed."

Mueller stood next to his defense attorney and had no comment to make on his behalf.

Rysavy, who heard the original criminal case, said that case had been "fully and fairly tried" and that the jury’s "guilty" verdict said they believed that a criminal sexual conduct crime had been committed by the defendant.

He ordered him to serve a minimum of 14 months and that he be placed on conditional release for five years after he successfully serves his prison sentence. He also must make restitution to the victim’s family for medical, counseling and other expenses incurred because of the ordeal suffered by the child.