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Convicted sex offender sent back to prison

by NICHOLAS LEDDEN/Daily Inter Lake
| January 11, 2008 1:00 AM

A man twice convicted of having sex with underage girls was sent back to prison Thursday for violating the terms of his probation.

Michael Alan Kern, 27, was ordered to serve 10 years in prison with eight years suspended and given a recommendation for placement in a pre-release center or intense supervision program.

Prosecutors initiated the revocation process after an Aug. 27 incident at Woodland Park in which Kern allegedly pulled the hair of a 12-year-old girl into a ponytail and had contact with a 15-year-old girl.

As part of his probation, Kern was ordered to have no contact with minors and avoid places minors might congregate.

"I reached down, put it up real quick, and that was it," said Kern Thursday in Flathead County District Court.

The court also heard from Kern's probation officer, the Kalispell police officer who was present for the Aug. 27 incident, and a psychologist, who testified that Kern's behavior was, at its worst, grooming another victim or just "really poor judgment."

During the hearing, Kern also admitted to violating the terms of his probation by failing to pay restitution and by using drugs, but denied absconding from the supervision of his probation officer and having firearms in his residence.

Kern's trouble with the law began when he was charged with sexual intercourse without consent in March 1998 for having sex with a then-14-year-old girl. Kern was 18 at the time.

The girl's mother walked in on the pair shortly after they finished having sex, and Kern admitted as much to police, according to court documents.

He pleaded guilty to those charges in October 1998 and was released from jail on his own recognizance in February 1999 - two months before his sentencing hearing - under the condition that he have no contact with anyone under the age of 18 and didn't frequent places minors would most likely be.

But while he was out, he violated the terms of his release by being found in the bedroom of another 14-year-old girl.

He was put back in jail until his April 1999 sentencing hearing, during which he received a six-year deferred sentence.

But that same year he violated the probation associated with the deferred sentence by having sexual relations with a 15-year-old girl. After a revocation hearing, Kern was ordered to serve 15 years in prison with 10 years suspended.

Kern was revoked again Thursday while on probation from that sentence.

Reporter Nicholas Ledden can be reached at 758-4441 or by e-mail at nledden@dailyinterlake.com