CONCORD — A Florida man was sentenced yesterday to 10 years in federal prison for trying to kidnap a Windham girl whom prosecutors say he still has phone sex with while incarcerated.
Daniel Lenz tried to postpone his sentencing in U.S. District Court so a psychiatrist could testify that the relationship between Lenz and the 15-year-old victim is appropriate, according to court documents.
Lenz, 27, of Jacksonville wanted to convince a judge to let him serve his sentence in the Northeast so he could receive regular prison visits from the girl and her mother, according to Assistant U.S. Attorney Helen Fitzgibbon.
He wanted the girl's psychiatrist to testify at his sentencing that the relationship was a healthy one for them to maintain, according to Lenz's lawyers.
Prosecutors convinced a federal judge to move forward with the sentencing yesterday, saying Lenz still posed a danger to the girl and refused to acknowledge he committed a crime. A jury found Lenz guilty on one count of causing the transportation of a minor for the purpose of sexual conduct.
Fitzgibbon summarized phone calls recorded between Lenz and the girl, made while he was held at the Strafford County jail in Dover.
Fitzgibbon wrote that Lenz instructed the girl what to wear so she could expose herself to him and indicated the girl had already flashed Lenz once during a visit.
"The defendant clearly intends that a mentally vulnerable minor child engage in sexually expressive conduct in a jail visiting area for his own gratification," Fitzgibbon wrote.
Judge Paul Barbadoro had told lawyers earlier he had no intention of granting Lenz's request.
As part of his sentence, Lenz will be supervised for life upon his release from prison.
Windham police and the FBI tracked down Lenz in March 2007 after being told he may have convinced the teenage girl to run away from home. Police found the girl fled with another man, Jason Dowling, who drove her as far as Manning, S.C., before surrendering to authorities. Dowling was never charged in the case. Investigators said Lenz met the girl through an online video game.
Lenz's criminal record dates back to 1997 and includes credit card fraud, burglary and driving with a suspended license.
In 1999, he was convicted of fondling a young girl, but was sentenced to a diversion program instead of jail time.
In the latest case, defense lawyers argued that Lenz should receive the minimum 10-year sentence.
