Mt. Vernon Register-News

May 18, 2013

Rainey given 40 years

By RICK HAYES rick.hayes@register-news.com
The Register-News

---- — MT. VERNON — Judge David Overstreet sentenced convicted sex offender Albert Rainey, 39, of Mt. Vernon to two consecutive 20-year prison sentences Friday.

Rainey was convicted by a Jefferson County jury in February of two counts of predatory criminal sexual assault of a child under the age of 13. The victim was 9-years-old when the crime occurred and is now 15.

In addition to the 40-year prison sentence, Rainey could be on parole the rest of his life, depending upon the actions of the Illinois Prison Review Board. The judge sentenced Rainey to three years to life of mandatory supervised release, per statute.

"We're pleased with the length of the sentence," said State's Attorney Doug Hoffman. The state — through Hoffman and Assistant State's Attorney Darin Rice — had recommended a sentence of 54 years. Defense Attorney Sean Featherstun recommended a sentence between 6 and 10 years. Based on the sentencing requirements, Rainey will have to serve at least 27 years behind bars.

"Justice has been served. It's been a long time coming," Hoffman continued. "The victim and her family can finally see this man go away for many years."

Rainey had previously been sentenced to 27 years to IDOC following an open plea in 2007. The alleged offense occurred in 2006. That conviction was overturned by the Fifth District Court of Appeals due to an error in sentencing, according to court officials.

Prior to sentencing, the court accepted victim impact statements on behalf of the victim, her mother and grandmother. The victim read her statement to the court at her request.

The victim said Rainey "took away my innocence and caused me to have many nightmares." She added, "He did this … I hope I never have to see him again."

Rainey also made a state of allocution, apologizing for his actions and "destroying both families." He added, "Life is too precious and too short to give it to the state. I know it's impossible to forget, and people have seen me in the last six years as a monster. I'm very sorry this happened and I want to express my remorse. I want the same thing she (victim) wants, to get past this."

Rice said the victim is still upset about the incident that has impacted her life. "Her trust in others has been shattered. This was done by someone she trusted, and that trust was violated. The family has to deal with this the rest of their lives … a long sentence would answer the call for justice."

Featherstun called Rainey "sick," noting he is not able to make mature decisions, adding the crime was committed because of Rainey's sexual disorders and emotional pain of being a sexual abuse victim himself.

Featherstun also argued Rainey does have rehabilitation potential, although Rice argued he has "zero rehabilitation potential."

Overstreet said this is not Rainey's first rodeo, citing his past criminal history, adding, "This sentence will deter others, and if it deters one person it's good enough for me." He added, "The defendant had a poor childhood, and that is very sad. However, the defendant's ability to rehabilitate can be questioned at best. He has been given several second chances and has failed to take advantage of those opportunities."

Featherstun requested Rainey's sentence be stayed until June 5. Featherstun said he will file a motion by that date to reconsider the sentence. Taking into consideration the travel costs to transport Rainey to and from prison, the judge granted the request, despite objection from the state.