SAN MARCOS — A 52-year-old man convicted of molesting his stepdaughter was sentenced to six years in prison June 5 by a San Diego Superior Court judge.
Despite requests from the prosecution and the county’s probation department that Marc Jay Cash be sentenced to more than 20 years in prison by running the defendant’s eight charges consecutively, Judge Daniel Goldstein ruled in favor of a concurrent sentence.
Goldstein said his decision was based partly on Cash’s criminal history, which shows no other sexual assault or violence cases, as well as his belief that this was an isolated incident.
Cash, who has two teenage sons, will most likely only serve approximately three years of the sentence because of the more than 1,000 days of credit he has earned since being arrested in September 2006. Additionally, Cash will have to register as a sex offender.
A jury found Cash guilty in 2007 of five counts of committing a lewd and lascivious act on his stepdaughter who was under the age of 14, as well as one count each of using harmful material to seduce a minor, possession of a dangerous weapon and resisting arrest.
Goldstein said he believed Cash’s testimony at his trial and his prior felony convictions for drug-related charges affected the jury’s verdict. When Cash was arrested, he had a pending case in San Diego County Superior Court for the transportation and possession of methamphetamines.
The judge went on to say that there were some major discrepancies in the victim’s testimony, which leads him to believe the young girl was molested by more than one person.
After more than two years of silence, Cash’s family finally had a chance to address the court.
“It’s not that I don’t believe my husband or my daughter,” Karen Cash, the defendant’s wife, said. “It’s that I believe in the truth.”
Cash’s family said they believed the defendant got caught in a plot by Karen Cash’s ex-husband to gain custody of their two children.
Dr. Harvey Cash, the defendant’s father, said in today’s society it is easy to call someone an abuser, but it is virtually impossible for the accused to fight the allegations.
Following the hearing, Dr. Cash, 88, said he was sad that his son had to go to prison for something he didn’t do, but commended the judge for listening to his family’s statements and the great deal of weight he gave to the case.
Cash has appealed the sentence.