May 4—A Joplin man previously assessed a lengthy federal prison term on child pornography-related convictions will be serving concurrent state sentences for sexual abuse of two of three victims in that case and a fourth girl.
David A. Giffen, 60, was scheduled to go to trial Monday in Jasper County Circuit Court on counts of first-degree statutory sodomy, first-degree child molestation and first-degree statutory rape.
The necessity of a trial was averted when the defendant pleaded guilty Friday to all three counts in a plea agreement calling for concurrent terms of 20 years each on the sodomy and rape counts and 15 years for the molestation.
Circuit Judge Dean Dankelson accepted the plea deal and assessed the defendant the agreed-upon length of sentences, further ordering that the terms run concurrent with each other and with the 28-year and 10-year sentences received in federal court.
Giffen pleaded guilty in 2018 in U.S. District Court in Springfield to sexual exploitation of a child and receiving and distributing child pornography in a case involving three girls between the ages of 11 and 15 whom he secretly videotaped naked in a bathroom using a hidden camera.
Deleted images and videos of the girls were discovered on his cellphone during a Joplin police investigation of a fourth girl's allegation that he had touched her inappropriately. A second cellphone seized from him was found to contain images of child pornography downloaded from the internet.
Giffen was prosecuted in federal court while state charges concerning sexual abuse of the fourth girl and two of the girls who were secretly videotaped were filed and remained pending in Jasper County Circuit Court. The sexual abuse of the girls took place during the years 2010 and 2016, according to court records.
The defendant must serve his federal time without parole, meaning his state sentences will have expired by the time he completes his federal time. He also is required by terms of his federal sentence to remain on supervision for the remainder of his life if he does serve out his time and is released.