county court

Lyndonville man sentenced to state prison after violating Probation

By Tom Rivers, Editor Posted 10 February 2015 at 12:00 am

ALBION – A Lyndonville man had his Probation revoked and was sentenced to 1 1/3 to 4 years in state prison on Monday.

Joseph R. Hagen, 31, was charged in October with harassment for pushing and threatening to kill a person, according to the Sheriff’s Department.

In court last month, Hagen pleaded guilty last month to violating terms of his Probation. He admitted to pushing his wife, failing to report to numerous Probation appointments, traveling to Florida without Probation permission, moving in October without notifying Probation of a change in his address, drinking alcohol, smoking marijuana and not paying restitution since October.

Hagen could have faced up to 7 years in prison. Orleans County Court Judge James Punch decided on 1 1/3 to 4 years.

“He wishes he had done better on Probation,” said Hagen’s attorney Dominic Saraceno.


In other cases in County Court:

An Oakfield resident, Jeremy Lyons of Pearl Street, pleaded guilty to third-degree burglary and could be sentenced to 2 1/3 to 7 years in prison on May 4.

Lyons, 30, admitted he broke into a house on Eagle Harbor Road in Barre on Aug. 10, 2014. He said he was retrieving items that belonged to him. He took those items and also stole copper piping, he told Judge Punch.


A 17-year-old Albion boy pleaded guilty to attempted burglary in the second degree. The judge said he will likely give the defendant youthful offender status. Because of that, Orleans Hub won’t publish the boy’s name.

He admitted he broke into a house on East State Street on Oct. 16, 2014, and took guns from the homeowner. Those guns were later recovered.

The 17-year-old could be sentenced to up to 6 months in jail and be on Probation for five years. Sentencing is April 20.

Jeffrey J. Farrell Jr., 27, of 431 West State St., Albion, was arraigned for third-degree burglary, fifth-degree criminal possession of stolen property and petty larceny. Farrell was charged on Dec. 20 and suspected, along with four others, in a series of break-ins in November and December.

Farrell pleaded not guilty in court on Monday. He remains free on $5,000 bail.


A Holley resident pleaded guilty to attempted burglary in the second degree. Dylan DiPlato, 26, admitted he was in a house uninvited on Sept. 21. Stolen items were in his backpack.

DiPilato said he was drunk when he committed the crime. He said he didn’t intend to be inside the house or steal.

He considered not pleading guilty to attempted burglary in the second degree, but he didn’t want to go to trial and risk being convicted of second-degree burglary.

Assistant District Attorney Susan Howard said DiPilato was interviewed by police when he was arrested and he answered officers’ questions. He also walked upstairs in the house. He wasn’t extremely intoxicated, she said.

Sentencing is set for April 20.

2 from Medina arraigned in county court on numerous drug charges

By Tom Rivers, Editor Posted 9 February 2015 at 12:00 am

ALBION – A man and woman from Medina were both arraigned this afternoon on numerous drug charges.

Both Steven J. Johnson, 35, and Tamara L. Butler, 37, have been jailed. Orleans County Court Judge James Punch set bail at $250,000 for Johnson and $25,000 for Butler.

They are both accused of selling drugs between June and July. They face one count each of third-degree criminal sale and possession of a controlled substance, one count of criminal sale of a controlled substance in the fourth degree, and four counts of criminal sale and five counts of criminal possession of a controlled substance in the fifth degree.

They were arraigned this afternoon in county court. Butler pleaded not guilty. Johnson did not have an attorney and his full arraignment is scheduled to be completed Tuesday at 11:45 a.m.

Johnson and Butler both live at 301 Park Ave., Medina. Butler has a past felony for aggravated unlicensed operation of a motor vehicle. Johnson has an extensive out-of-state criminal record, District Attorney Joe Cardone said in court.

Judge assigns risk levels to 2 sex offenders

By Tom Rivers, Editor Posted 3 February 2015 at 12:00 am

ALBION – Two men who were convicted of sex crimes involving children will soon be released from state prison and will be considered sex offenders.

Orleans County Court Judge James Punch on Monday assigned the risk levels to Rodney Newman and Mark Sands.

Newman was assigned a level 1 offender, which is considered a low risk for a repeat offense.

Newman, 39, is an inmate at the Wyoming Correctional Facility in Attica. He has been serving a minimum sentence from a minimum of 2 years, 4 months to a maximum of 7 years in state prison. He is scheduled to be released on March 5.

Newman was found guilty by a jury in Orleans County on July 12 for promoting a sexual performance by a child, unlawful surveillance in the second degree (two counts), forcible touching and endangering the welfare of a child (two counts).

Another Orleans County man is scheduled to be released on March 2 from Wyoming Correctional Facility. Mark Sands, 51, was found guilty by a jury on Jan. 7, 2008 on several charges, including use of a child in a sexual performance, promoting an obscene sexual performance by a child, sexual abuse in the third degree, endangering the welfare of a child, unlawfully dealing with a child in the first degree and criminal possession of a weapon in the fourth degree.

He was sentenced to 4 to 12 years in state prison. He will be registered as a level 2 sex offender, which means there is a moderate risk of a repeat offense, according to the state Division of Criminal Justice Services.

3 are sentenced for crimes, including drug sales and a break-in

By Tom Rivers, Editor Posted 2 February 2015 at 12:00 am

ALBION – Three people will spend time in either the local county jail or state prison after being sentenced today by Orleans County Court Judge James Punch.

Joseph B. James, 33, received the longest sentence, 1 ½ years in state prison with another year of post-release supervision.

James pleaded guilty in court on Nov. 3 to criminal possession of a controlled substance in the fifth degree. James was living in Albion when he was arrested on April 1. He admitted in court he had cocaine with the intent to sell on March 3, 2014.


A Brockport woman was sentenced to three months in the county jail for selling cocaine for $100 to an undercover officer on May 29, 2013.

Cynthia Winkelman, 46, of Skyline Circle pleaded guilty to criminal possession of a controlled substance in the fifth degree. She has no prior criminal record. Winkelman faced up to a year in the county jail. Punch gave her three months.

“You sold a very small amount of this substance and you have no prior criminal history,” Punch said during sentencing. “However, it is very serious to sell an illegal drug.”


An 18-year-old girl from Medina was sentenced to six months in jail for her part in a burglary in Albion on May 19. The defendant was granted youthful offender status so her name won’t be published and her record will be sealed for the crime.

The judge issued orders of protection for the victims and also said the defendant will be on Probation for five years when she is out of jail.

Albion man, 18, rejects plea to attempted burglary and will go to trial

By Tom Rivers, Editor Posted 2 February 2015 at 12:00 am

ALBION – An Albion teen was prepared to plead guilty today to attempted burglary in the second degree, a charge that carries a maximum of seven years in state prison.

However, Corey Baerman, 18, changed his mind and will now go to trial on May 6 for second-degree burglary, which carries a maximum of 15 years in state prison.

Baerman admitted he entered a neighbor’s house with three of his friends on Aug. 18. But Baerman said he didn’t take anything and didn’t cause any of the damage.

If that is true, Orleans County Court Judge James Punch told Baerman his crime should be criminal trespass in the second degree, a misdemeanor which carries a maximum of up to a year in the county jail.

Baerman of South Liberty Street said he entered a neighbor’s house without permission, following the lead of his friends, who allegedly caused damage and stole items.

One of those items, a stereo, was found in the bushes at Baerman’s home. His grandfather put the stereo on the porch after finding it in the bushes, Baerman said. Baerman said he didn’t know the stereo was left on his property by his friends.

Baerman, represented by attorney Michael O’Keefe, was going to plead guilty to the attempted burglary charge as part of an Alford plea, where he pleads guilty but maintains his innocence to avoid the more serious charge.

Punch said he didn’t think it was a prudent plea given Baerman’s plausible explanation. Baerman said there are witnesses who can testify about his innocence of the more serious burglary charge.

2 from Rochester face drug charges in Medina

Staff Reports Posted 28 January 2015 at 12:00 am

MEDINA – Two Rochester residents have been jailed for allegedly selling crack cocaine in the Village of Medina, the Orleans County Major Felony Crime Task Force reported.

Toney

The arrests were made on Tuesday following a six-month investigation into the sale and distribution of crack cocaine from the City of Rochester to Medina.

The Task Force, Orleans County Sheriff’s Department, Greater Rochester Area Narcotics Enforcement Team and Rochester Police Department executed a search warrant at 51 Mead St., Upper Apartment, Rochester.

Police seized approximately 14 grams of crack cocaine, a half pound of marijuana, more than $2,000 in cash, scales, packaging and other drug paraphernalia, the Task Force reported.

The following were arrested:

Keith A. Toney, 36, of 51 Mead St., Upper Apt., who was charged with nine counts of criminal sale of a controlled substance in the third degree (a class B felony).

McMorris

Toney was arraigned in the Town of Shelby Court by Justice Joseph Kujawa. Toney was committed to the Orleans County Jail on $50,000 cash bail. He is appear in Shelby Town Court at 6 p.m. on Thursday.

Lakusha McMorris, 35, of 51 Mead St., Upper Apt., who was charged with three counts of criminal sale of a controlled substance in the third degree (a class B felony).

She was committed to the Orleans County Jail on $20,000 bail after being arraigned by Justice Kujawa. She is appear in Shelby Town Court at 6 p.m. on Thursday.

The Task Force said additional drug charges against McMorris and Toney are pending in Monroe County.

Harriger jailed after bondsman rescinds $250K bond

By Tom Rivers, Editor Posted 27 January 2015 at 6:25 pm

Roy Harriger

ALBION – Roy Harriger was jailed at about 5 p.m. today after his bondsman rescinded a bond for $250,000.

Harriger, 71, was convicted of child molestation on Monday by a jury in Orleans County Court. He could face up to 25 years or more in state prison when he is sentenced on April 6.

District Attorney Joe Cardone asked in court after the verdict was read that Harriger’s bond be rescinded and he be put in jail until the sentencing. Judge James Punch permitted Harriger to stay free on bail until April 6.

Harriger’s two sons, Robert and George Harriger, were upset with the judge’s decision. Both sons testified they had been abused by their father when they were children. Three of Harriger’s grandchildren also testified they were abused by their grandfather, a prominent local pastor.

“He has every reason to run or to hurt someone or himself,” Cardone said at about 5:45 p.m. today. “At this point you have a 71-year-old man convicted of D felonies, which is potentially a death sentence at his age as a convicted perpetrator.”

The bondsman for Harriger rescinded the bond. Cardone didn’t know if the bondsman terminated the bond or if someone else, who had pledged their property and assets to secure the bond, requested the bond be terminated.

Harriger was pastor at Ashwood Wesleyan Church in Lyndonville in 2000 and 2001 when he allegedly abused three of his grandchildren. The jury on Monday afternoon gave a unanimous decision, finding Harriger guilty on two out of three counts of course of sexual conduct, meaning the abuse lasted more than 3 months.

In 2009, Harriger helped establish Community Fellowship Church in Hartland. Many of the church members there were part of Ashwood. Harriger left that church after a disagreement with denomination leaders.

About 100 to 125 people who attend Community Fellowship, which has two services. Judge Punch ruled last year that Harriger could not attend church with children in the building. That prompted the church to hold two different services.

Before he was arrested in November 2013, Harriger was frequently invited to give the invocation before Orleans County Legislature meetings. The Legislature would invite local pastors to give the opening prayers.

Jury finds pastor guilty of child molestation

By Tom Rivers, Editor Posted 26 January 2015 at 4:37 pm

‘Justice is served,’ says son. ‘I just wish he was off the streets.’

Photos by Tom Rivers – Roy Harriger gets in a vehicle after leaving the courthouse where he was found guilty of child molestation.

ALBION – A local pastor accused of child molestation more than a decade ago was found guilty on two out of three charges and could face 25 years or more in state prison when he is sentenced on April 6.

Roy Harriger was pastor at Ashwood Wesleyan Church in Lyndonville in 2000 and 2001 when he allegedly abused three of his grandchildren. The jury this afternoon at about 2:45 p.m. gave a unanimous decision, finding Harriger guilty on two out of three counts of course of sexual conduct, meaning the abuse lasted more than 3 months. Harriger could be sentenced to up to 25 years on each of the two counts.

Each juror was polled and all 12 said they found Harriger guilty on two out of three counts. One side of the courtroom, including Harriger’s two sons who testified they were abused by their father as children, hugged and let out a joyous reaction when the verdict was announced.

Harriger’s supporters, including his wife Darlene, sat in disbelief, with one person shouting Harriger was not guilty of the crimes.

“Justice is served,” Harriger’s son Robert told reporters in the courthouse. “I just wish he was off the streets.”

Roy Harriger’s sons Robert, left, and George address the media after their father was found guilty of child molestation. Both Robert and George testified they were sexually abused by their father as children.

Harriger has been free on bail since he was arrested by State Police on Nov. 27, 2013. Orleans County Court Judge James Punch kept Harriger’s bail at $250,000 today, opting against putting him in jail until the sentencing.

Robert Harriger said his father, 71, is a flight risk. Robert Harriger wanted his father’s bail revoked.

The case clearly divided the family, with Robert and George Harriger testifying against their father. Their sister Joy Fanale testified in defense of her father, saying he never abused her or the children. She was at her parents’ house during some of the time frame when her father is accused of abusing the grandchildren.

Fanale was 24 when she was in a near-fatal car accident on May 1, 2001. She and her daughter, then age 4, moved in with her parents during her recovery.

Roy Harriger allegedly abused his grandchildren between September 2000 and September 2001, according to the State Police.

Fanale’s daughter, now 18, testified her grandfather never abused her. One of her cousins testified Roy Harriger abused him and Fanale’s daughter. But the granddaughter denied that.

Two other grandchildren, Robert Harriger’s children, also testified about abuse by their grandfather. The jury found Harriger guilty on those charges.

“There was no remorse in the courtroom,” Harriger’s son George told reporters after the verdict. “He smiled the whole way through this thing.”

While the jury was deliberating behind closed doors this morning, Harriger talked in the courtroom with many of his supporters from the Community Fellowship Church in Hartland.

There were at least a dozen members of the church in attendance each day for the court sessions, which began last Tuesday.

Tony Montulli of Waterport believes Harriger is innocent of the charges.

“He is a very open, loving person,” Montulli said shortly before the verdict was announced. “We believe in the pastor in how kind and loving he is.”

Montulli started going to Community Fellowship about a year ago. He attends Wednesday’s Bible studies with Harriger. There are about 100 to 125 people who attend the church, which has two services. Judge Punch ruled last year that Harriger could not attend church with children in the building. That prompted the church to hold two different services.

“It would be hard for us to get behind him if he was playing games, but he’s always been honest,” Montulli said. “He’s a friend.”

Another church member said Harriger has strong support in the congregation.

“There are no improprieties,” said the church member, who didn’t want his name used.

He said the Harriger family has clearly been torn apart.

“There are no winners,” the church member said. “There is a lot of devastation here. This is not the way God intended it.”

Roy Harriger, left, walks down the hallway in the basement of the courthouse with his attorney Larry Koss while facing the television news cameras.

District Attorney Joe Cardone said Harriger’s crimes go back generations, with Harriger’s sister, his children and grandchildren and other victims.

Harriger’s sister Nona attended the trial and she addressed reporters after the guilty verdict was announced. She said her brother abused her.

“It all started with me,” she said.

Although the family is divided, Nona said the victims in the family and their supporters have been brought closer together since Harriger’s arrest and the trial.

Cardone said Harriger has left a trail of victims in at least three states where he served as pastor. It will be up to law enforcement in Pennsylvania and Michigan if they want to bring charges against Harriger, Cardone said.

He praised the three grandchildren for their courage in testifying against their grandfather.

“The dysfunction has been going on in this family for generations,” Cardone told the jury on Friday. “Thank God they’ve had the strength to come to you to put an end to it and it ends right here.”

The jury didn’t reach a verdict on Friday and returned to the courthouse today. The testimony from three witnesses was read back to the jury today. That concluded at about 2 p.m. About 45 minutes later, the verdict was announced.

“I want to thank you all for carrying this heavy burden for us,” Judge Punch told the jury.

Harriger trial resumes at courthouse

By Tom Rivers, Editor Posted 26 January 2015 at 11:14 am

Broken pipe damages court stenographer’s computer

ALBION – The trial against Roy Harriger, a local pastor facing child molestation charges, resumed this morning with a complication.

The case went to the jury on Friday, but the 12-person group did not reach a unanimous decision. The jury requested that testimony from three witnesses be read back today.

The court stenographer got 5 minutes into the testimony from one witness but couldn’t go any further. Her computer was doused with water over the weekend when a pipe burst in the basement of the courthouse where the stenographer has her office.

Court officials are working to retrieve the data from her computer so the testimony can be read back to the jury. That has created a lull in courtroom. This morning around 10:30 Harriger chatted with supporters who are sitting on the left side of the courtroom. There are about 25 people on that side.

The other side has about 15 people this morning, including Harriger’s two sons, George and Robert, who allege abuse by their father when their were children. One of George’s children and two of Robert’s children, now grown adults, testified that their grandfather molested them in 2000 and 2001.

Harriger’s attorney Larry Koss said the charges against Harriger, which carry up to 25 years in prison, are false.

Harriger was the pastor at Ashwood Wesleyan Church in Lyndonville when the alleged abuse occurred in 2000 and 2001. After leaving Ashwood in 2009, he started a church in Hartland, Community Fellowship Church, where he continues as a pastor.

Koss told the jury on Friday during closing arguments said the layout of the Harriger house in 2000 and 2001, the church parsonage, didn’t offer privacy for Harriger to commit his alleged crimes. The house was also busy, with people over all of the time, Koss said.

“Jurors, apply common sense and see if the whole story makes sense,” Koss said. “I submit to you it doesn’t.”

During his testimony on Thursday, Harriger denied any inappropriate sexual contact with his grandchildren.

District Attorney Joe Cardone said the grandchildren have been brave in trying to make their grandfather be accountable for the alleged crimes.

“The dysfunction has been going on in this family for generations,” Cardone said. “Thank God they’ve had the strength to come to you to put an end to it and it ends right here.”

As Cardone gave his closing argument, many on the alleged victims’ side of the courtroom plugged their ears, not wanting to hear Cardone detail the alleged sex acts.

Harriger found guilty of child molestation

Staff Reports Posted 26 January 2015 at 12:00 am

ALBION – Roy Harriger has been found guilty on two out of the three charges of course of sexual contact. He faces a maximum sentence of 25 years.

Orleans Hub will have more on the verdict later.

Update: No verdict yet in Roy Harriger trial

By Tom Rivers, Editor Posted 23 January 2015 at 6:33 pm

ALBION – The jury has been sent home for the weekend after failing to reach a verdict in the trial against Roy Harriger, a former pastor in Lyndonville who is accused of molesting three of his grandchildren.

The grandchildren testified against Harriger, 71, on Wednesday, alleging he performed sexual acts on them and forced the kids, when they were 5 to 7 years old, to perform acts on him.

Harriger’s attorney Larry Koss said the claims are not true. He said one of Harriger’s sons, George Harriger, has orchestrated the claims against the elder Harriger. Both George and his brother Robert testified they were abused by Harriger.

“George says he was abused as a child and then he takes his children there,” Koss told the jury during closing arguments today. “Either his moral system is so degraded or it never happened to him.”

Koss implored the jury to “examine the proof beyond a reasonable doubt.”

District Attorney Joe Cardone said Harriger’s grandchildren, including one who is in the military, all detailed the abuse from their grandfather. They said they weren’t coerced into testifying, as Koss suggested.

“Do you really believe someone made these kids come up with all this stuff?” Cardone told the jury.

Cardone said Harriger used his position of power to silence his victims for years.

“There has been a wake of destruction caused by this defendant,” Cardone said. “He is a man who puts himself before anyone else in his family.”

Cardone noted the case has split the family with many on one side of the courtroom and others, including Harriger’s church supporters, on the other side.

“Look at the divisiveness this man has caused,” Cardone said.

Harriger was the pastor at Ashwood Wesleyan Church in Lyndonville when the alleged abuse occurred in 2000 and 2001. After leaving Ashwood in 2009, he started a new church in Hartland, Community Fellowship Church, where he continues as a pastor.

Harriger faced charges of incest and course of sexual conduct, the latter charge means the crime lasted more than 3 months.

Orleans County Court Judge James Punch this morning dismissed the incest charges. Harriger faces the more serious charges, which carry a maximum of 25 years in prison.

Koss told the jury there is no way to prove the crime, if it occurred, lasted more than 3 months. Because the charges were brought long after the alleged incidents, Koss also said Harriger was denied the chance to offer an alibi.

The defense attorney said the layout of the Harriger house in 2001 and 2001, the church parsonage, didn’t offer privacy for Harriger to commit his alleged crimes. The house was also busy, with people over all of the time, Koss said.

“Jurors, apply common sense and see if the whole story makes sense,” Koss said. “I submit to you it doesn’t.”

Koss acknowledged the Harriger family is “dysfunctional.”

“You’re talking about personalities,” Koss said. “Look at those personalities.”

During his testimony on Thursday, Harriger denied any inappropriate sexual contact with his grandchildren, his two sons and one of his daughters, as was alleged. He denied any sexual relationships outside his marriage, and he denied Cardone’s claim that Harriger has an illegitimate daughter in Pennsylvania.

Cardone said the grandchildren admired their grandfather, who was a leader in the church and family. After he committed the alleged crimes, he would tell them, “You don’t talk about this,” Cardone said.

On Wednesday, the three grandchildren, now all about age 20, testified about the alleged crimes.

“The dysfunction has been going on in this family for generations,” Cardone said. “Thank God they’ve had the strength to come to you to put an end to it and it ends right here.”

Judge Punch told the jury they are not to talk about the case over the weekend, or follow any of the news reports about the case.

“You’re going to have to go into a media blackout,” the judge said. “If you’re on Facebook, just stay off of it for the weekend.”

Pastor denies sexual contact with grandchildren

By Tom Rivers, Editor Posted 22 January 2015 at 12:00 am

ALBION – A pastor accused of incest and sexual abuse against three of is grandchildren denied the criminal activity today during his trial.

Roy Harriger, 71, took the stand a day after three of grandchildren detailed abuse by their grandfather. Harriger’s son Robert also testified on Wednesday that his father abused him from when he was a young boy into his teen-age years.

Two of Harriger’s other grown children also say their father was sexually abusive when they were children, District Attorney Joe Cardone said in court today.

“You deny all of this?” Cardone asked Harriger.

“Absolutely,” Harriger responded.

Harriger, a former pastor of the Ashwood Wesleyan Church in Lyndonville, denied all of the allegations, including accusations from Cardone that Harriger had sexual relationships with several other women, including one who he allegedly had a child with.

Harriger said he has been faithful for his entire marriage to his wife Darlene. They have been married for more than 50 years.

Harriger said his son George orchestrated the accusations.

“Is it your position they are saying these things because of problems with your son George?” Cardone asked Harriger.

“Absolutely,” he responded.

Harriger’s daughter Joy Fanale spoke in defense of her father, saying he was never abusive to her. Fanale was 24 when she was in a near-fatal car accident on May 1, 2001. She and her daughter, then age 4, moved in with her parents during her recovery.

One of Harriger’s grandsons alleged the grandfather abused him and Fanale’s daughter. But Fanale’s daughter, now 18, testified this morning she was never abused by her grandfather.

“He lied,” she said about her cousin.

She said she was never left alone with her grandfather back in 2001. Harriger is accused of abuse in 2000 and 2001. The granddaughter said her mother was always home when they moved in while Fanale recovering from her injuries, except when she went to a doctor’s appointment. When she went to an appointment, she took her daughter with her or the daughter was in school, the granddaughter said.

Fanale said she sometimes left her daughter alone with Harriger or Mrs. Harriger.
George Harriger, one of the pastor’s sons, has alleged abuse by his father, and he also says Fanale told him their father abused her. But Fanale said she never said that to George.

The case shows a divided family, with Harriger’s wife and one daughter supporting him, while his three other children are estranged from Harriger. Cardone pointed that out in court.

“Is Joy the only child you talk with?” Cardone asked Harriger.

“Yes,” he responded.

Testimony resumes Friday morning at 9:30 with closing arguments expected later in the day.

Orleans County Court Judge James Punch said on Wednesday he was dismissing three misdemeanor charges of endangering the welfare of a child due to statue of limitations.

However, the felony charges – course of sexual conduct and incest – remain. Harriger could face up to 25 years in prison if convicted.

Trial starts against former Lyndonville pastor charged with sex crimes

By Tom Rivers, Editor Posted 21 January 2015 at 12:00 am

Roy Harriger

ALBION – A trial against a pastor who used to lead a Lyndonville church has started in Orleans County Court.

The Rev. Roy Harriger, 71, faces charges of course of sexual conduct against a child and endangering the welfare of a child in connection with three alleged victims.

He also faces three counts of incest because three of his alleged victims are family members. If convicted, he could be sentenced to up to 25 years in state prison.

Harriger’s son Robert Harriger took the stand this morning and said he was sexually abused by his father when Robert was 5 or 6 until he was 15 or 16. That abuse allegedly started about 40 years ago.

Harriger is accused of abusing Robert’s children about 15 years ago when the children visited the church parsonage.

A 12-person jury was picked on Tuesday and testimony began this morning.

Harriger is represented by Larry Koss. District Attorney Joseph Cardone is leading the prosecution.

Koss asked Robert Harriger why he would let his children be around their grandfather if Robert had been sexually abused by the same man.

Robert said he thought he was his father’s only victim. He said his father apologized for the crimes, saying he was “demon possessed and had got forgiveness from God.”

“I still believed my father wouldn’t hurt my children,” Robert Harriger said. “I believed he had been forgiven.”

Roy Harriger was arraigned on three counts of coarse sexual contact in the first degree and three counts of incest on Nov. 27, 2013 after being charged by the state police. He has been free on $250,000 bail.

The alleged crimes by Harriger occurred against three family members between September 2000 and September 2001, when he was pastor of the Ashwood Wesleyan Church in Lyndonville.

Harriger was the pastor at Ashwood Wesleyan for 12 years before he was terminated by the church in 2009 after a falling out with denomination leaders. Harriger then started a new church, Community Fellowship Church in Middleport.

3 sex offenders soon to be released from state prison

By Tom Rivers, Editor Posted 16 January 2015 at 12:00 am

ALBION – Three people in prison for sex crimes will soon be released and they will be registered as sex offenders.

Two will be labeled as Level 3 offenders, the highest rating.

Joseph Sanderson, 65, has been serving a 9-year sentence for first-degree criminal sexual act and first-degree sexual abuse for crimes involving multiple children. He is currently in Riverview Correctional Facility in Ogdensburg. He could be released on March 2.

He appeared in Orleans County Court on Monday before Judge James Punch, who assigned the risk level.

Raymond Keffer Jr., 38, also will be a Level 3 sex offender. Keffer, formerly of Albion, is currently in Gowanda Correctional facility, serving a 5-year, 6-month sentence for second- and third-degree rape. His crimes involved teen-age girls, the District Attorney’s Office reported.

Keffer could be released on Feb. 18.

Jeremy Pucci, 25, is at the Orleans Correctional Facility, serving a minimum of 3 years and 5 months to a maximum of 4 years after being convicted of child pornography and molesting two children. He is to be released on Feb. 23.

Punch assigned Pucci, a former Ridgeway resident, as a Level 2 sex offender. Pucci was convicted of possession of obscene sexual performance by a child and first-degree attempted sexual abuse.

Man with gun but no pistol permit could face prison

By Tom Rivers, Editor Posted 13 January 2015 at 12:00 am

ALBION – An Albion man, 24, could face state prison when he is sentenced on March 23.

Matthew Mudge admitted in Orleans County Court on Monday that he had a loaded .380 caliber automatic pistol on Aug. 16. Mudge acquired the pistol at a gun show, he told Orleans County Court Judge James Punch.

Mudge did not have a pistol permit. He was arrested on Aug. 16 for third-degree and fourth-degree criminal possession of a weapon. He was charged following investigation of a “suspicious person” complaint on Bass Road in the Town of Carlton.

Mudge said he was lost in Carlton when he knocked on a door looking for directions. A deputy stopped him soon after and did a search, finding the pistol on Mudge.

Mudge could be sentenced to up to 1 1/3 to 4 years in prison.


In other cases:

An Albion woman avoided jail and Probation after facing drug charges on April 1. Julie Hardy, 47, pleaded guilty to attempted criminal possession of a controlled substance in the seventh degree.

Judge Punch gave her a conditional discharge, saying her only condition is to not break the law for a year. She was arrested after cocaine was found in the pocket of a black leather coat in her room at her home during a police search. Hardy said the coat wasn’t hers.

Her husband, J.W. Hardy, faced more serious drug charges and was found guilty by a jury on Monday, following a trial.

Judge Punch said Mr. Hardy was orchestrating the drug activities at the house.

“Clearly you were not the main operator and were somewhat of a bystander,” the judge said during sentencing.


A woman from Ridgeland, SC, was arraigned on charges of grand larceny in the third and fourth degree. Carly S. Wells, 25, allegedly racked up $28,000 in fraudulent purchases and/or cash withdrawals on someone else’s credit card.

She pleaded not guilty to the charges. She is free on $50,000 bail.


A Lyndonville man pleaded guilty to violating terms of his Probation. He could face up to 7 years in prison when he is sentenced on Feb. 9.

Joseph R. Hagen, 31, was charged in October with harassment for pushing and threatening to kill a person, according to the Sheriff’s Department.

In court on Monday, Hagen admitted to pushing his wife, failing to report to numerous Probation appointments, traveling to Florida without Probation permission, moving in October without notifying Probation of a change in his address, drinking alcohol, smoking marijuana and not paying restitution since October.