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Plea Change Denied in Sex Assaults : Courts: An attorney for the so-called ‘Ojai rapist’ asks that sentencing be delayed for psychiatric testing. He also wants to look into a recent arrest.

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SPECIAL TO THE TIMES

A judge refused Wednesday to allow the so-called “Ojai rapist” to withdraw his guilty plea, despite a lawyer’s contention that Kevin Malone did not know what he was doing when he admitted to a string of sexual assaults and that he may not have committed all of the crimes.

After a change in plea was rejected, defense attorney James Farley asked that sentencing be delayed until Malone is examined by a psychiatrist.

Farley said Malone underwent brain surgery three times in 1993 which, coupled with a methamphetamine addiction, may have turned him violent. Farley unsuccessfully argued that the operations impaired Malone, 38, to the point that he did not understand what he was doing when he pleaded guilty to 10 counts of rape and related charges in May.

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In exchange for that plea, prosecutors dropped 14 other related charges.

Malone could be sentenced to 27 to 80 years in prison for the crimes. Depending on the results of the psychiatric examinations, Farley may use the tests to seek a lighter sentence, closer to the minimum of 27 years in prison.

Deputy Dist. Atty. Bob Calvert said he has not decided what sentence to recommend.

Superior Court Judge Charles W. Campbell ordered Malone and attorneys back to court Oct. 6 to discuss the case, but a sentencing date was not scheduled.

Farley said he also needs time to look into the arrest last week of Peter A. Stocks, 38, accused of committing similar crimes in the same area this summer.

Farley said he wants to be certain his client did not admit to any crimes that may have been committed by someone else.

“Two other people have been arrested” in connection with Ojai sexual assaults, Farley said.

In January, a Casitas Springs man was jailed for six days and wrongly charged with the sexual assaults before DNA tests cleared him. Dist. Atty. Michael D. Bradbury publicly apologized to the man, who has filed a $1-million claim against the county.

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Malone was jailed during the same period on a prowling charge and was later charged with 20 counts of rape, attempted rape, assault and burglary after investigators linked him to the crimes that terrorized women in Ojai and the surrounding area for most of 1994.

Several of Malone’s victims were elderly women who were assaulted in their homes late at night. Investigators allege that Stocks is responsible for assaulting three elderly women in the early morning hours this year.

“I need to find out if Stocks may have been involved in some of the crimes” Malone is charged with, Farley said.

Farley has only recently been appointed to represent Malone. Willard Wiksell, Malone’s previous attorney, was permitted to leave the case after Malone requested that his plea be changed last month.

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