Dylan Segelbaum

dsegelbaum@ydr.com

Not long after Common Pleas Judge Richard K. Renn took the bench at 1:33 p.m. on Monday, he talked about the difficulty of handing down a sentence in the case at hand — though there "clearly" was enough evidence to convict the two men.

Before him were Daniel Graff and David Whitcomb: the two former York County Prison corrections officers convicted on Jan. 8 of official oppression, criminal conspiracy and harassment. The jury had found that in 2013, they coerced inmates into fighting and participating in a series of demeaning stunts called the "Retard Olympics."

"Some may argue that these defendants should be held to a higher standard — because they are in public service, they have a special position over the inmates that they were charged to watch," Renn said. "This is balanced by the fact that the sentencing commission determined that the charges with which they stand convicted are relatively minor."

Noting that the punishment was called for in the commission's guidelines, Renn then sentenced Graff, 40, of York, and Whitcomb, 30, of Hellam Township, to two years of probation. Both were also ordered to pay a fine and do community service.

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During the hearing, the prosecution asked the judge to hand down a sentence that included some jail time.

But Whitcomb and Graff's defense attorneys pushed back. So did the judge, who noted the York County Department of Probation Services did not recommend that kind of punishment.

Neither of the former guards spoke in court. Through their lawyers, they maintained their innocence.

"He does, respectfully, disagree with the jury's verdict," said Steve Rice, an attorney who represented Graff. "You can only get a fair trial. And I think Mr. Graff got one."

Korey Leslie, Whitcomb's attorney, said his client was "not happy with the outcome of the trial." But, Leslie said, Whitcomb was going to accept the punishment.

After court, Graff said that "sometimes the system works, sometimes it doesn't." He said he is not going to appeal.

"The DA did a good job," he said. "She successfully prosecuted two innocent guys."

Whitcomb declined to be interviewed.

Mark Haynes, 28, formerly of Jacobus, who stood trial with the other two former guards, was acquitted of all charges in the case. He sat in the gallery of the courtroom on Monday.

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Senior Deputy Prosecutor Kelley Nelson said in an interview after court that she and 12 jurors strongly disagreed that the former guards were innocent. Nelson said she thought jail time would have been appropriate, given the allegations.

"They were in positions of authority over these people — they were responsible for their care, their custody, their control, their protection," she said of the former guards, "and they blatantly just disregarded that, used these people for their own entertainment, while on duty."

Contact Dylan Segelbaum at 771-2102.