Sex offender convicted in 2002 violates probation

A retired horseracing jockey convicted in 2002 in New Kent Circuit Court of aggravated sexual battery involving a 10 year-old girl must serve a year in prison after being found guilty of violating terms of his probation.

Michael Marinaccio was age 59 when he was convicted. He served five years of a 20-year prison sentence. The remaining 15 years were suspended for life.

Now 68 and living in Florida, Marinaccio was returned to New Kent last week after authorities here learned he did not follow supervision prescribed by Florida probation authorities.

In court on Oct. 25, Judge Thomas B. Hoover read excerpts from a probation official’s report that labels Marinaccio an “untreatable” offender. The report said the defendant refuses to participate in sex offender treatment as ordered and continues to minimize his actions, blaming the victim for his troubles.

After getting out of prison, he moved in with his brother in Florida and reported to probation officials there, Marinaccio told the court. He claimed he never failed to report for sex offender treatment classes, but stopped paying associated fees in order to take care of household bills.

“You still think it was the child’s fault?” prosecutor Linwood Gregory asked the defendant.

“Not at this time,” Marinaccio replied. “I did at one time.”

Under questioning from Hoover, however, the defendant reiterated his stance taken at trial and at sentencing in 2002. He claimed the girl started the fondling incident, which occurred in the living room at the residence of the girl’s grandmother. Marinaccio lived there at the time and worked at Colonial Downs.

Back then, excerpts from his statement given to investigators included the passage, “I was trying to teach her, let her experience it without being hurt. In a way, I think I did the right thing.”

Hoover was not impressed, then or now, but Gregory added that based on consulting with a local probation officer familiar with Marinaccio, the defendant no longer has connections in Virginia and is considered a low risk to offend again.

“I suggest one year [in prison] and then be released to return to Florida and live with his brother,” Gregory told the court.

Defense attorney John Jones argued there’s no indication his client is in violation, asking the court to terminate probation and allow Marinaccio to return to Florida.

Hoover followed Gregory’s recommendation, imposing one year behind bars and suspending the remaining 14 years. Marinaccio must register as a sex offender and return to Florida after he’s released.