HANCOCK COUNTY — Judge Marie Castetter on Friday, July 31, reluctantly accepted a plea agreement in a rape case in which the defendant admitted guilt to two misdemeanor charges.
Nabil Zaim, 36, Greenfield, was sentenced to 365 days in jail, with eight days executed and 357 days suspended to probation on a domestic battery charge. A 365-day sentence for interfering with the reporting of a crime was also suspended to probation.
Special conditions of the agreement call for Zaim to complete a batterer’s intervention program and receive a mental health assessment and follow treatment recommendations. Four felony counts, including a Level 3 count of rape, were dropped.
Castetetter, presiding in Superior Court 1, expressed her displeasure with the plea agreement submitted by special prosecutor D. Lee Buckingham of Hamilton County. She asked Buckingham if more time would help him prepare the case for trail. Buckingham told the judge it would not as the victim had recanted her story during another hearing.
“Due to all the facts and acknowledgements, the state does believe this is an appropriate sentence,” Buckingham said. “The victim desires to move forward.”
The case, which was originally filed by officials in the Hancock County prosecutor’s office was sent to a special prosecutor after Prosecutor Brent Eaton indicated the defense attorney for Zaim planned to call at least one employee from his office as part of Zaim’s defense.
“This plea agreement does not tell a story, and I don’t believe it does justice,” Castetter said. “But, I’m going to honor the victim’s wishes, reluctantly.”
Zaim had been accused of dragging a woman by her hair, punching her repeatedly and raping her in a home in Cumberland, police said in a probable cause affidavit filed in support of the charges in March, when the incident occurred.
