HOLLIDAYSBURG - An Altoona man serving 25 to 50 years for the rape of a child and related offenses will not receive a reduced sentence or a new trial, Blair County Judge Elizabeth Doyle ruled Tuesday.
Assistant Public Defender Ed Ferguson had asked Doyle to lighten the sentence imposed on Philip Reid McCready, 36, stemming from his conviction in January for sexually abusing a child when she was between the ages of 5 and 8.
Ferguson submitted a petition in May stating that McCready, who still maintains his innocence, will end up serving a life sentence.
The assistant public defender predicted that McCready will not be paroled at the end of his minimum sentence, 25 years, and will end up having to serve his maximum, meaning he won't get out of prison until he is in his 80s.
He labeled such a sentence "manifest injustice."
Ferguson also complained that a videotape of the young victim, interviewed at a child advocacy center in Harrisburg, telling her story should not have been permitted into the January trial because the interviewer was not available for questioning.
The tape was presented by the center's director.
Ferguson claimed his client was deprived of his constitutional right to confront his accuser.
He said McCready had "no way to test the reliability of the interviewer."
The defense also objected to McCready's classification as a sexually violent predator under Megan's Law.
Doyle on Tuesday dismissed the McCready petition.
While Doyle rejected further hearing on the issues, the defense can file an appeal with the Pennsylvania Superior Court.
McCready in June was sentenced to 10 years' probation for offenses involving a second child. The probation will be served at the same time, or concurrently, with his prison sentence.
Mirror Staff Writer Phil Ray is at 946-7468.