Kearney man convicted of sexual assault of a child has post-conviction appeal denied
LINCOLN, Neb. – A 39-year-old central Nebraska man convicted of sexually assaulting a teen will remain behind bars after having his appeal for post-conviction relief denied.
Mark Sinacheck of Kearney was 33 at the time of the assault. The victim was 15. Sinacheck was sentenced to up to 30 years in prison for felony first-degree sexual assault of a child and enticement by electronic device in October of 2017. He was originally convicted two months prior to his sentencing.
During trial, Sinachack's lawyer argued that his client's relationship with the girl would not have been a crime if it had started two months later, but prosecutors stated that Sinachack used a fake name and claimed to be 19 when he first met the girl and groomed her for sexual contact. The girl later discovered his real name and age and learned that he was married with children.
Sinachack, now represented by his fourth attorney, asserted in his appeal that the district court erred in overruling his motion for post-conviction relief without an evidentiary hearing.
Sinachack made clear in his amended motion for post-conviction relief that he was only contending that trial counsel was ineffective in terms of plea negotiations and not during the actual trial.
The next parole board review for Sinachack will be in January. He has an initial parole eligibility date of April 2035.