Sentencing for husband and wife convicted of molestation - CBS News 8 - San Diego, CA News Station - KFMB Channel 8

Husband and wife who abused toddler at their daycare center sentenced to prison

Posted: Updated:

SAN DIEGO (CNS) - A husband and wife who abused a 2 1/2-year-old boy and girl at the daycare center they ran out of their Mission Valley apartment were each sentenced to prison terms Monday.

Mark Kaczmarczyk, 59, was sentenced to eight years in prison and his 45-year-old wife, Anita Kaczmarczyk, got six years behind bars.

Deputy District Attorney Lucy Weismantel told Judge John Einhorn that Mark Kaczmarczyk was a "predator" who picked on children who were too young to talk or fight back.

"He is a parent's nightmare," the prosecutor said. "He knew exactly what he was doing."

Mark Kaczmarczyk was convicted in March of felony child abuse and committing a lewd act on a child, and jurors found true an allegation of substantial sexual conduct. He was acquitted of child abuse and lewd conduct charges concerning a 2 1/2-year-old boy who suffered a bruised penis.

Anita Kaczmarczyk, who is separated from her husband and has filed for divorce, was convicted of misdemeanor child abuse in connection with the boy and felony child abuse on the little girl. She was acquitted of felony child abuse and lewd act on a child concerning the boy and lewd act on a child on the girl.

Einhorn said Mark Kaczmarczyk assaulted helpless children, who, because of their age and vulnerability, had the "inability to stop anybody."

"That is unpardonable," the judge said in ordering the defendant to register as a sex offender.

Gretchen von Helms, the attorney for Anita Kaczmarczyk, told the judge that her client had no idea her husband of 16 years was sexually abusing children.

But Weismantel said the wife turned a "blind eye" to what was going on in her home.

"She knew what was going on," the prosecutor said, "and she fostered this environment for her husband."

Einhorn told Anita Kaczmarczyk that she started the chain of events in motion by taking out a license to run a daycare center.

"You started the ball rolling," the judge told the defendant. "You opened the door and let what happened happen. You had to have known what was going on. You helped keep it under wraps."

Weismantel said the two children were not injured before coming to the defendants' daycare, which they operated from their small apartment.

The prosecutor said Mark Kaczmarczyk abused and sexually assaulted the children, and his wife lied to authorities to cover it up.

Anita Kaczmarczyk took out a license to run "Anita's Family Daycare" at the end of 2006, and by September 2007, one girl and three boys had suffered genital injuries, the prosecutor said.

Weismantel alleged that two other boys, a 2-month-old and a 1-year-old, were also molested by the Kaczmarczyks. Einhorn granted a defense motion to dismiss charges involving the two infants at the end of the case.

Weismantel said Mark Kaczmarczyk showed a consciousness of guilt by withdrawing $30,000 from a bank account in December 2008 and fleeing to Taipei just before charges were filed in the case.

"He was trying to hide from what was happening here," the prosecutor told the jury.

Weismantel said the parents of the victims had no reason to lie.

"Circumstantial evidence shows that lightning does not hit four times in the same household," she said.

When a mother complained to Anita Kaczmarczyk that her son had a bruised penis, the defendant lied about what happened, according to the prosecutor, who said the daycare operator facilitated the abuse by bringing children to her husband.

Weismantel said that Mark Kaczmarczyk abused and sexually assaulted the 2 1/2-year-old girl in September 2007.

"That little girl was torn up," Weismantel said.

Gerald Smith, the attorney for Mark Kaczmarczyk, alleged the father of the girl was the one who abused her.

Smith said the victim's father thought Mark Kaczmarczyk was "weird" and pointed the finger at the defendant when he found blood in his daughter's diaper.

Monday in court, the girl's father called Mark Kaczmarczyk a "manipulator and a predator."

"His victims were toddlers ... innocent kids," the father told the judge.

The girl's mother, deployed aboard the USS Carl Vinson, said the ordeal has been emotional for her and her family.

"We won't know how it will affect (my daughter) when she gets older," the mother said. "No child deserves to have their innocence taken away."

The woman said she is leaving the military after 11 years so she can spend more time with her daughter.

She asked the judge for the harshest sentence possible "to stop (the Kaczmarczyks) form hurting other families."

The mother of the boy who suffered the bruised penis said she is haunted by the idea that she doesn't know everything that happened to her son.

She said she didn't know what to say when her son asks, "What happened when I was a little boy?"

Powered by Frankly
All content © Copyright 2000 - 2017 Midwest Television, Inc. All Rights Reserved.
For more information on this site, please read our Privacy Policy, and Terms of Service, and Ad Choices.