Mark Woodworth is led to jail following his sentencing hearing Wednesday. Photo by Michael Johnson
Mark James Woodworth may never see the light of freedom again.
The 40-year-old Mount Morris man was sentenced Wednesday to 20 years to life in prison for a sexual assault he committed in Letchworth State Park. On April 30, a Livingston County jury found Woodworth guilty on five counts relating to the June 20, 2008 crime in which he took a family friend for a walk down a wooded path. According to court evidence, he struck the woman with a tree branch and forced her to take off her clothes. he then choked her to the point of almost passing out and then attempted to have sex with her.
Livingston County Judge Dennis Cohen issued five concurrent life sentences under the state’s persistent felony offender law. Woodworth has two prior felony convictions; the third allows for the maximum sentence.
“What you have done is violent, disgusting and awful,” the judge told Woodworth. “You will go to any lengths to get what you want out of people to satisfy your personal needs. You prey on the most innocent and most vulnerable at a time when they are least able to protect themselves.”
Cohen pointed out that the Letchworth park attack was “shockingly similar” to Woodworth’s rape of a 15-year-old Livingston County girl in 1990 in which he forced his victim to disrobe, choked her, raped her and threatened to harm her if she told anyone. This crime took place less than 24 hours Woodworth was released on parole for a 1989 sexual assault in which he forced a 13-year-old girl to give him oral sex.
Additionally, while in prison for the 1990 rape, Woodworth tried to pay a hitman to kill a man he’d heard was having an affair with his wife. The hitman turned out to be an undercover corrections officer and Woodworth received a fourth degree conspiracy conviction.
Defense attorney James McCann tried to mitigate the sentence, arguing that the persistent felony offender law should not apply because Woodworth was “relatively successful” in parole upon release from prison for the 1990 rape. Woodworth served four years and eight months of a five year parole before police caught him consuming alcohol at a Mount Morris bar. At the time of arrest, Woodworth was also carrying a pocketknife in violation of his parole.
Woodworth denied responsibility for his crimes. He told parole officers he was drunk when he raped the 15-year-old and doesn’t remember doing it, in spite of signing a voluntary police statement. He told parole officers he thought the prison hitman offer was a joke,” said McCann. “A lot of people minimize their role in crimes during probation hearings,” he pointed out.
Finally, McCann claimed the persistent felony offender sentence is “unconsitutional” because it exceeds the maximum sentence under law without the presence of a jury. However, McCann acknowledged that the New York State Court of Appeals has upheld such sentences.
Livingston County District Attorney Tom Moran dismissed McCann’s claims. “He attempted to hire someone to kill someone while he was in prison and thinks it’s a joke?” said Moran. “That’s the lamest attempt at mitigation I’ve heard in my life.”
As for the claim that Woodworth was “relatively successful” in parole — Moran pointed out Woodworth’s first time on parole, which lasted less than a day before he attack another woman. The most recent attack happened less than a year after his parole ended.
Both attorneys referenced the fact that Woodworth maintains his innocence in the face of the April convictions.
“This pattern of behavior indicates an unrestrained, sexual predator,” observed Moran. “There are only a few times in my career that I have seen anyone who deserves persistent felony offender status, and this is only the third time I’ve argued for it. Nothing is going to stop him from committing another sexually-violent act. The only thing we can do that protects society is to lock him up.”
Judge Cohen revealed details from Woodworth’s psychiatric evaluation at Noyes Memorial Hospital, where he was required to complete a two year sex offense prevention treatment. The report described Woodward as “depressed” and “dependent on alcohol.” His “adjustment disorder” was as result of his 13 years in prison, substance abuse problems, impending divorce, unemployment and lack of transportation.
Cohen said he didn’t “buy” McCann’s claims that Woodward had been making progress. “They’re just a bunch of excuses that don’t fly when you have a series of criminal acts that have happened repeatedly over a period of time.”
“You have disregarded the laws of society and the rights of its citizens to satisfy your selfish personal needs.’ concluded Cohen.
Woodward spent the hearing steadily staring at his victim who was watching from across the room,. However, he seemed to be rendered speechless by Judge Cohen’s words. When asked if he had anything to say, Woodworth shook his head and sputtered.
“Answer? Answer?” said the court recorder.
“I…I…I really have nothing to say,” was his response.
Woodworth’s April 30 convictions include sexual abuse in the first degree, sexually-motivated assault in the second degree, attempted sexually-motivated assault in the second degree, unlawful imprisonment in the first degree and coercion in the first degree. He has 30 days to appeal.
The judge also issued a permanent order of protection for the victim.