71-Year-Old Man Sentenced

by Brittany Harris on January 25, 2011 at 7:33 am

A man was sentenced on Tuesday to four years in prison for sexually assaulting an Alzheimer’s patient on a bus he drove for a program for the elderly.

71-year-old Donald Moore of Heath pleaded no contest to rape, sexual battery, and gross sexual imposition in Licking County court. Authorities say he assaulted a 70-year-old woman multiple times from December 2009 to April of 2010, when he would drive her home and to day care.

Defense attorney Diane Menashe says Moore accepts responsibility and made the plea because prior legal decisions have established that Alzheimer’s patients are not competent to consent to sexual activity. She says he did not realize that at the time.

She says moore is battling Lymphoma and that he is eligible for possible early release.