District Attorney and Victim's Mother at Odds Over Plea Bargain
COQUILLE, Ore.-- The mother of an underaged girl accused of having a sexual relationship with a Coast Guard serviceman says the Coos County District Attorney's office is being too hard on the serviceman accused of statutorily raping her daughter.
Kellie Garkow told Judge Michael Gillespie that she had not been notified of a plea deal on Monday, but Garkow tells KCBY outside of the courtroom that she also disgreed with it.
"They want to make him a sex offender, and that's not right," Garkow said. "What they are offering will ruin him for the rest of his life."
Garkow said she and Kanada's family have stayed in touch during the process by offering support and comfort to each other. She said her family loves Kanada and holds no grudges against him for the charges he is facing.
"This has scared both of these young people," she said about Kanada and her daughter, the alleged victim.
Garkow said she would be happy if the charges were dropped to a misdeamor status and Kanada could pay a small fine instead of serving time in jail or being registered as a sex offender.
Kanada was ready to take a plea deal on Monday that would've required him to register as a sex offender, but Garkow's statement to the court delayed the proceedings.
She said Kanada's military status was the reason the district attorney was being so difficult.
"They're going after him simply because of his status in the military," she said. "They want to make an example out of him."
But the real difference between Garkow's view of things and the District Attorney's charges stem from the state's age of consent law. Under Oregon state law, until someone is 18 years old, they are not permitted to give consent to sex.
"I know what the law is, and there are girls out there who need its protection," Garkow said. "But my daughter knows the difference from right and wrong, and she gave him consent."
Garkow argued that in Kanada's case, her daughter's maturity level should be taken into account.
But the District Attorney's office says the state's consentual sex laws are not flexible and adds that Garkow is merely stalling the legal process.
"She doesn't want this case to go to trial," said Coos County District Attorney Paul Fraiser. "She is doing everything she can to delay this in hopes that we will not proceed with charges against Mr. Kanada."
Fraiser said Garkow's hopes that Kanada's felony charges will be reduced to a misdemeanor in which he would pay a fine were unrealistic.
"He is being charged with six felonies, and we are taking those charges very seriously," Fraiser said. "You also have to consider the fact that he is not one, not two, but five years older than she was when this happened."
Fraiser is personally handling the case right now and says Garkow's claims that the D.A.'s office did not reach out to her are false.
"She is ignoring us intentionally," he said. "She feels if she does not answer the phone, then we can't move forward, and that is not the case at all."
He said though it is nice to consult victim's family about plea deals, it is not up to the victim's family on how the case is and is not prosecuted.
Kanada is charged with two counts of third-degree rape, two counts of third-degree sodomy, two counts of second-degree sexual abuse, two counts of contributing to the sexual delinquency of a minor and furnishing alcohol to a minor.
Kanada is due back in court at 8:30 a.m. on Nov. 27 where it is believed another plea deal will be offered to him. Kanada is also expected to deal with a driving under the influence charge on Tuesday that happened after he was charged with rape.
Kellie Garkow told Judge Michael Gillespie that she had not been notified of a plea deal on Monday, but Garkow tells KCBY outside of the courtroom that she also disgreed with it.
"They want to make him a sex offender, and that's not right," Garkow said. "What they are offering will ruin him for the rest of his life."
Garkow said she and Kanada's family have stayed in touch during the process by offering support and comfort to each other. She said her family loves Kanada and holds no grudges against him for the charges he is facing.
"This has scared both of these young people," she said about Kanada and her daughter, the alleged victim.
Garkow said she would be happy if the charges were dropped to a misdeamor status and Kanada could pay a small fine instead of serving time in jail or being registered as a sex offender.
Kanada was ready to take a plea deal on Monday that would've required him to register as a sex offender, but Garkow's statement to the court delayed the proceedings.
She said Kanada's military status was the reason the district attorney was being so difficult.
"They're going after him simply because of his status in the military," she said. "They want to make an example out of him."
But the real difference between Garkow's view of things and the District Attorney's charges stem from the state's age of consent law. Under Oregon state law, until someone is 18 years old, they are not permitted to give consent to sex.
"I know what the law is, and there are girls out there who need its protection," Garkow said. "But my daughter knows the difference from right and wrong, and she gave him consent."
Garkow argued that in Kanada's case, her daughter's maturity level should be taken into account.
But the District Attorney's office says the state's consentual sex laws are not flexible and adds that Garkow is merely stalling the legal process.
"She doesn't want this case to go to trial," said Coos County District Attorney Paul Fraiser. "She is doing everything she can to delay this in hopes that we will not proceed with charges against Mr. Kanada."
Fraiser said Garkow's hopes that Kanada's felony charges will be reduced to a misdemeanor in which he would pay a fine were unrealistic.
"He is being charged with six felonies, and we are taking those charges very seriously," Fraiser said. "You also have to consider the fact that he is not one, not two, but five years older than she was when this happened."
Fraiser is personally handling the case right now and says Garkow's claims that the D.A.'s office did not reach out to her are false.
"She is ignoring us intentionally," he said. "She feels if she does not answer the phone, then we can't move forward, and that is not the case at all."
He said though it is nice to consult victim's family about plea deals, it is not up to the victim's family on how the case is and is not prosecuted.
Kanada is charged with two counts of third-degree rape, two counts of third-degree sodomy, two counts of second-degree sexual abuse, two counts of contributing to the sexual delinquency of a minor and furnishing alcohol to a minor.
Kanada is due back in court at 8:30 a.m. on Nov. 27 where it is believed another plea deal will be offered to him. Kanada is also expected to deal with a driving under the influence charge on Tuesday that happened after he was charged with rape.
I am heart sick over all of this. He got screwed really!! Not even a record for anything. He would have never gotten into the USCG. This law is awful. A sex affender. He`s right up there with chester the molester. Sex affender. I don`t think so. There was no acohal in her system,nothing. He`s a minor too. His life is never going to be the same. Neither is ours. I have prayed to our Father in Heaven to help our son. God knows he`ll need it in this life. Only 20 yrs old. Please pray for him. God help is all.
I pray today for Luke Kanada today. Luke I don't know you but I pray that God will intervene in your situation. I pray that you will make your peace with our Lord and ask forgiveness and use His Grace and Mercy for good in the future. Lord, I know that you know all things and I pray that you will give the same mercy to the one with the decisions that they give Luke. I pray for Peace, Grace and Mercy. In Jesus Name.
Neither do I know anyone in this case, but I wish that I could remind the Prosecutor and the Judge that apart from Grace and Mercy that we are all as filthy rags. This does not mean that I agree with what has happened but this is a case where the girl was fifteen and apparently have felt very comfortable with this young man.  This is not a nine or ten year old girl.. This is a very sad situation. Mr. Prosecutor and Judge you say it is the law. But have you ever put your gut feeling in place of the law. If so, you have NO right to charge this man to the point of ruining his life for ever. This would be the crime. I am sure this young man has suffered over and over. Has he ever had a record before? You are in authority and I respect that but for goodness sake "think about it" and not from "its the law".
I do not know anyone involved in this case, but I APPLAUD Kellie Garkow!! She is the mother of the "victim" and was really brave to speak out as she did!! The court NEEDS to listen to her. HEY FRAISER, what about your son who was just shy of being an adult when he was charged with rape and-he was not 1 not 2, not 3, BUT 4 years older than his victim (a 13 yr old girl) and all he has to do is jump through Probation hoops and does NOT have to register as a sex offender!! Remember what the Judge said to your son Fraiser? He said "You've been a good person. It is an isolated incident that brings you before the court" and "...charges were brought because the victim could not legally consent...... Fraiser did not force the girl." SOUND FAMILIAR FRAISER? Good luck to the families involved.
 @coastgal You are CORRECT! Coos DA needs looking into'
 @cannarossi  @coastgal I agree completely, It was the D.A.'s Son who got his Sexual misconduct Charges against a minor charges dropped... I Wonder Why ???Â
Â