Plea deal reached in child-sex case

Tuesday, May 4, 2004 | 10:09 a.m.

A former church-camp worker charged with sexual assault waived his preliminary hearing Monday after reaching a plea agreement with prosecutors.

The deal requires Harold Shaw, 59, to plead guilty to one count of sexual assault of a minor under 14, one count of attempted sexual assault of a minor and one count of using a minor in the production of pornography. Shaw also agreed to serve a minimum sentence of 27 years to life.

Both prosecutors and Shaw's defense attorney, Osvaldo Fumo, said they agreed to the deal to avoid making the now 16-year-old victim testify. She was 11 at the time of the alleged sexual assaults.

"Anytime we have a chance to put a guy away for 27 years without putting the child on the stand, we are going to do that," Chief Deputy District Attorney Mary Kay Holthus said.

Holthus also said it was likely Shaw would never get out of prison, considering his age.

"Most sexual offenders also don't make their first parole," Holthus said.

As part of the plea agreement, prosecutors dropped two additional counts of sexual assault, one count of lewdness and one count of using a minor in pornography. The plea agreement does not preclude additional charges being filed against Shaw if additional victims come forward, Holthus said.

Shaw, however, did not give up his right to appeal the case in District Court on the basis that police improperly seized the evidence against him.

Shaw is scheduled to be arraigned May 11 before District Judge Michael Cherry.