Harvel given 17 years for kidnapping, sexual assault

Apr. 24—Federal prosecutors had sought a life sentence for Michael Harvel, the former Cumberland County solid waste director convicted in December of sexually assaulting and abusing women under his supervision at the county's recycling center.

That was the sentence justice demanded they argued as they read victim impact statements from nine of the women. Harvel's crimes included rape, bodily injury and kidnapping. Victims said they continued to suffer from debilitating anxiety, PTSD and emotional distress. They couldn't trust people. Their relationships with their spouses, their family and their friends had suffered as a result.

But a life sentence, defense attorneys argued, was not justice. It would be "vengeance." They suggested a much lower sentence — 10 years — which they said would give the family "hope" of seeing Harvel outside a prison again.

In the end, Judge William L. Campbell Jr. with the Middle District of Tennessee sentenced Harvel to 17 years, with credit for time already served since Harvel was indicted in July 2021.

"These are very serious crimes," Campbell said as he prepared to sentence Harvel Thursday in federal court in Nashville.

Harvel was convicted of assaulting women "in desperate need of work, stability and hope for the future," Campbell continued.

He noted the case involved multiple women, which he said was not reflected in the defense suggestion of a 10-year sentence.

However, he said a life sentence was not necessary to achieve the goals of sentencing, which includes protection of the public, ensuring respect for the law and recognizing the nature and circumstances of the offense and the history and characteristics of the defendant.

"Sentencing is at the crossroads of justice and mercy," Campbell said. Noting Harvel's age and health, he said, "This may be a life sentence. Hopefully not."

The sentence is 204 month for the most serious charges and 12 months for the "misdemeanor" charges, all to be served concurrently.

Harvel must serve at least 85% of the sentence before being eligible for release. Once released, Harvel would be under federal supervision for five years.

Campbell noted the sentence could very well be a life sentence for Harvel, who is 61 years old and suffers from a variety of illnesses including diabetes and macular edema for which he requires treatment.

Defense attorneys asked Harvel be placed at a minimum or low-security facility as close to Crossville as possible. Should the federal prison administration determine it cannot serve Harvel's medical needs in such a setting, the attorneys said Harvel could be moved to a medical facility.

Campbell did not impose any fines, though he did assess a $600 mandatory fee.

None of Harvel's victims were present for the sentencing hearing. Several noted in their victim impact statements, read into the record by federal prosecutors, they had struggled to be in the same room with their abuser during the trial and did not wish to be in his presence again.

During the trial, the women testified to pervasive sexual harassment, with several women describing nearly daily unwanted groping and touching.

One victim said she had been sent to work at a convenience center where she was alone. It was there, she said, Harvel locked her in the small building and attempted to assault her, leaving bruises on her arm.

Another victim said Harvel called her to his office at the end of the work day under the guise of hiring her for a paid position while she was completing her community service. She said Harvel grabbed her by the neck and orally raped her.

Another victim said Harvel drove her to the former county landfill on Flynn's Cove Rd. and raped her in a small building.

"You took years of my life I will never get back," wrote one woman. "It nearly cost me my marriage. I struggle with trust and intimacy ... The rest of his life behind bars just isn't enough."

Another wrote, "You took advantage of your authority and we paid the price."

Another wrote of how she had thought Harvel was offering her help to build a new life. Instead, she said he used her for his "sick sexual desires."

Another woman said her family had been torn by the ordeal, with some not believing her.

"Why did you think it was OK to treat someone as an object?" she asked.

Another asked the court to sentence Harvel to life, "not just for the life he took from me, but the lives he would no doubt ruin if given the opportunity."

Several wrote of falling back into addiction and turning to abusive relationships as their self-worth was shattered. They worried about their safety and the safety of others if he was to be released.

One victim offered Harvel her forgiveness, adding, "I pray no one harms you like you harmed us."

The Chronicle does not identify victims of sexual crimes.

Harvel chose not to make a statement to the court. However, his attorneys called a number of witnesses to testify to Harvel's character and his devotion to his family and others in the community. Witnesses included relatives, including Harvel's daughter who spoke of the loss of her father's presence in the lives of her two children.

Others testifying included Cumberland County Commissioner Tom Isham, who had worked with Harvel on the E-911 Commission and served as a commissioner while Harvel was employed as solid waste director; Art Palmer, pastor of Bowman Baptist Church where Harvel is still considered a deacon of the congregation; and Buffy Ledbetter, a family friend and former secretary for Harvel.

They described Harvel as a hard worker, a devoted father and family man, and a person dedicated to his community.

In addition, letters on Harvel's behalf were entered from former Cumberland County Mayor Kenneth Carey Jr. and his wife, Lynn; former Cumberland County Commissioner David Hassler; and family friend Charlotte Potts.

Federal sentencing guidelines consider a variety of factors, including the underlying crime and any enhancements.

The defense had argued against enhancements for obstructing an investigation and for acting under color of law. Campbell upheld the objection for obstruction. While there was testimony Harvel warned victims against telling anyone about his actions, and according to one victim threatened to have her husband sent back to prison, Campbell said it was unclear when those statements were made — before an investigation began in February 2018 or after.

He denied the objection for color of law, noting that was part of the findings of the jury and that Harvel's actions occurred while employed by the county as a supervisor. Campbell added he had ruled on the issue of "color of law" before the trial, saying it was a matter for the jury to determine.

But even without those enhancements, prosecutors said federal sentencing guidelines called for a life sentence.

Campbell said the sentencing guidelines offered a starting point for the sentencing process. During the hearing, Campbell questioned attorneys on sentencing that would reflect the seriousness of the charges and not only deter Harvel from reoffending if released, but discourage other public officials from taking advantage of their positions to harm others.

"That message needs to be sent," Campbell said.

Attorney Justin Adams replied, "We disagree that only a life sentence accomplishes that goal."

They argued Harvel's age made it unlikely he would reoffend upon release and, due to the felony conviction, would never be in a position to abuse his authority again.

But Campbell said it was also important to avoid sentencing disparities. He pointed to cases where, under color of law, individuals had beaten people, causing the victims to die. Those cases had not resulted in life sentences, Campbell noted.

Prosecutors said at least two of the three cases Campbell cited involved defendants who had pled guilty or shown some acknowledgement and remorse for their crimes.

That wasn't the case with Harvel, they said.

"This offender shows no remorse or event acknowledgement of his offenses," said Laura-Kate Bernstein, with the U.S. Department of Justice Civil Rights Division.

Bernstein said Harvel's standing in the community had allowed him to escape prosecution for years as he treated the people he saw as equals with "dignity, respect and generosity."

"He would cruelly prey on women he saw as beneath him, who he thought no one would ever believe."

Campbell said the defense suggestion of a 10-year sentence would be just over 1 year per count.

"How is that just?" he asked.

Following sentencing, defense attorneys asked Campbell to make the sentence concurrent to any state sentence Harvel may face. Charges are pending in Cumberland County Criminal Court on charges of sexual battery, official misconduct and two counts of assault. Two of those counts involve one of the victims in the federal case. That case is set for trial in August, defense attorneys said.

Campbell also heard a motion for the defense attorneys to withdraw as council for Harvel and to declare Harvel indigent and appoint a public defender for the purpose of appeals. The attorneys did note the intention to file an appeal within 14 days.

The motion to withdraw as counsel would be granted as soon as a motion for appeal was entered, he said, noting he did not want Harvel to be without representation due to the defined time limit to file an appeal on the conviction or sentencing.

Campbell noted the support Harvel continued to have and the testimony of Harvel's positive impact on the lives of others.

"These are sad days for everybody involved," Campbell said. "Nobody wins.

"I hope in some way, wherever you are, you find a way to positively impact people the way people today said you have all your life."

Heather Mullinix is editor of the Crossville Chronicle. She covers schools and education in Cumberland County. She may be reached at hmullinix@crossville-chronicle.com.