News - Local News - On Patrol

POSTED: Thursday, Jun. 25, 2009

Former Blaine Border Patrol official gets 4 years for child rape

A former Blaine U.S. Border Patrol official was sentenced to four years in state prison Thursday, June 25, for child rape.

Whatcom County Superior Court Judge Charles Snyder rejected a recommendation from the prosecutor and defense attorney in sentencing Joseph W. Giuliano, 55, to prison.

Chief Criminal Deputy Prosecutor Mac Setter and defense attorney Jill Bernstein recommended Giuliano, the former second in command at the Border Patrol's Blaine sector, be sentenced to sex offender treatment for three years and time on work release to pay for the treatment. They recommended no prison time if Giuliano complied and did not get in further trouble.

Giuliano was arrested in October and admitted to having sex at least 24 times with a 14-year-old girl living in his Sudden Valley home from April to October 2008.

He retired from the Border Patrol after his arrest and pleaded guilty to three counts of third-degree child rape in April.

The girl, now living with her father, was present with her parents at the hearing Thursday.

Setter said the victim supported Giuliano receiving sex offender treatment, which the state Department of Corrections and a psychologist who evaluated Giuliano also recommended.

"When I first met (her), she viewed this as a consensual relationship," Setter said. "She is now viewing this differently. In the court of law we look to and try to achieve a measure of fairness."

The girl's father, with her mother standing next to him, spoke to Snyder next.

He advocated sentencing Giuliano to the maximum penalty allowable under law, which would have been five years in prison for each of the three counts.

"At first I hoped that this was all a mistake, that there must be some misunderstanding," the father said, breaking into tears at one point. "He groomed her. He used his position as a federal agent to have sex with my daughter. This is your opportunity, your honor, to send a message to the community."

The Bellingham Herald does not publish the names of rape victims. In this case the parents' names also aren't being published to avoid public identification of the girl.

Snyder said he took care to avoid handing down a sentence that was based in emotion or because of Giuliano's position with the Border Patrol.

He said he considered the damage the abuse inflicted on the girl, who has been ostracized by classmates once the abuse came to light and garnered media attention, according to an investigation report from the Department of Corrections.

Snyder said ultimately he tried to strike a balance between the recommended sentence and the girl's parents' plea for the maximum penalty.

The sentence is on the lower end of a standard range set by state sentencing guidelines. That range is 46 to 60 months, and is based on Giuliano's crimes, the age of the victim, the number of convictions and his lack of criminal history.

The girl's father said he supported Snyder's sentence.

After the hearing, Giuliano was handcuffed and taken to the Whatcom County Jail, where he awaits transfer to prison.

During the hearing, Giuliano tearfully apologized to his victim and his wife.

"I realize the damage I've done is far more than it seemed at the time," Giuliano said. "I am remorseful for that. For the rest of her life she's going to carry that with her.

"I'm sorry," he said. "I'm so sorry. No one else is going to suffer at my hand."