Couple  sentenced for child abuse at daycare

SAN DIEGO -- A husband and wife convicted of abusing a 2 1/2-year-old girl at their Mission Valley daycare operation were sentenced to prison Monday.

Judge John Einhorn sentenced Mark Kaczmarczyk, 59, to eight years behind bars. Anita Kaczmarczyk, 45, received a six-year sentence.

Deputy District Attorney Lucy Weismantel told Judge John Einhorn that Mark Kaczmarczyk was a "predator'' who picked on children who were too young to talk or fight back.

"He is a parent's nightmare,'' the prosecutor said. "He knew exactly what he was doing.''

Mark Kaczmarczyk was convicted in March of felony child abuse and committing a lewd act on a child, and jurors found true an allegation of substantial sexual conduct. He was acquitted of child abuse and lewd conduct charges concerning a 2 1/2-year-old boy who suffered a bruised penis.

Anita Kaczmarczyk, who is separated from her husband and has filed for divorce, was convicted of misdemeanor child abuse in connection with the boy and felony child abuse on the little girl. She was acquitted of felony child abuse and lewd act on a child concerning the boy and lewd act on a child on the girl.

Einhorn said Mark Kaczmarczyk assaulted helpless children, who, because of their age and vulnerability, had the "inability to stop anybody.''

"That is unpardonable,'' the judge said iu ordering the defendant to register as a sex offender.

Gretchen von Helms, the attorney for Anita Kaczmarczyk, told the judge that her client had no idea her husband of 16 years was sexually abusing children.

But Weismantel said the wife turned a "blind eye'' to what was going on in her home.

"She knew what was going on,'' the prosecutor said, "and she fostered this environment for her husband.''

Einhorn told Anita Kaczmarczyk that she started the chain of events in motion by taking out a license to run a daycare center.

"You started the ball rolling,'' the judge told the defendant. "You opened the door and let what happened happen. You had to have known what was going on. You helped keep it under wraps.''

Weismantel said the two children were not injured before coming to the defendants' daycare, which they operated from their small apartment.

The prosecutor said Mark Kaczmarczyk abused and sexually assaulted the children, and his wife lied to authorities to cover it up.

Anita Kaczmarczyk took out a license to run "Anita's Family Daycare'' at the end of 2006, and by September 2007, one girl and three boys had suffered genital injuries, the prosecutor said.

Weismantel alleged that two other boys, a 2-month-old and a 1-year-old, were also molested by the Kaczmarczyks. Einhorn granted a defense motion to dismiss charges involving the two infants at the end of the case.

Weismantel said Mark Kaczmarczyk showed a consciousness of guilt by withdrawing $30,000 from a bank account in December 2008 and fleeing to Taipei just before charges were filed in the case.

"He was trying to hide from what was happening here,'' the prosecutor told the jury.

Weismantel said the parents of the victims had no reason to lie.