By Tom Rivers, Editor Posted 2 March 2015 at 12:00 am
ALBION – A Batavia man was sentenced to 1 ½ years in state prison today for attempted rape in the second-degree.
Christopher Bucci, 35, of Batavia admitted he had sex with a 14-year-old girl on Dec. 28, 2013. He faced a maximum of 1 ½ to 4 years in state prison.
Orleans County Court Judge James Punch gave Bucci, who had no prior criminal record, 1 ½ years in prison. The judge said the crime could have a long-term impact on the victim, who was given an order of protection.
“The damage is rarely apparent right away,” Punch said during sentencing.
Bucci apologized to the victim.
“I am very remorseful for what I did,” Bucci said at sentencing. “I wish I could take it back but I know I can’t.”
Bucci’s attorney Nathan Pace asked for weekends in jail for Bucci, who has shown “complete remorse,” Pace said, more than any other client he’s worked with in 22 years with similar charges.
Punch said a weekend sentence “diminishes” the crime and long-term impact on the victim.
In another case, an Albion man was sentenced to a year in jail for driving while intoxicated.
James J. Bartosik, 46, of Albion was charged with felony DWI on Sept. 12 in the village. He has three prior convictions for DWI or driving while ability impaired, District Attorney Joe Cardone said.
Bartosik’s attorney Thomas Calandra asked that Bartosik be sentenced to weekends in jail so he could keep his job and be active with his son.
“He is a very good worker,” Calandra said. “But he has a very bad drinking problem.”
Bartosik apologized to the court and his friends and family for the DWI.
“I know I have a drinking problem,” he said at sentencing. “I’m trying to understand how to cope with things in the right way.”
Punch said Bartosik has been on Probation three times. The judge said he couldn’t in good conscience give Bartosik Probation and weekends in jail with a chance for a fifth DWI or DWAI.
Bartosik’s sentence also includes a three-year conditional discharge after jail. Bartosik also must use an interlock ignition device that measures his BAC.
By Tom Rivers, Editor Posted 25 February 2015 at 12:00 am
ALBION – A woman who was involved in a burglary at an Albion home last summer was sentenced to 6 months in Orleans County Jail on Monday, despite a request for no jail time from her attorney.
The woman, 18, was given youthful offender status by Orleans County Court Judge James Punch, which seals her record and also means her name shouldn’t be published.
She pleaded guilty on Dec. 15 to attempted burglary in the second degree, a crime that carries a maximum of 4 years in state prison. Her attorney Dominic Saraceno asked for no jail time, saying the woman has no prior criminal offenses.
“She has expressed remorse and she has a structure in place to not let this happen again,” Saraceno said during sentencing. “I don’t think she’ll reoffend.”
The woman admitted in a previous court appearance she entered the house without permission and also took a DVD player and sold it at a pawn shop.
At least three other people – and perhaps as many as five – were involved in the burglary in the Village of Albion on Aug. 18, the District Attorney’s Office said. The vandals broke or stole about $12,000 in merchandise, including many antiques at the home on West Park Street, the victim of the crime told the court on Monday.
The victim of the burglary addressed the court, saying the crime was personal with family portraits and children’s piggy banks smashed. The victim, a married father with three young children, said the family had to walk around in shoes in their house for two weeks while picking up all of the broken glass.
Judge Punch ordered the 18-year-old woman to pay one third of the $9,286 insurance claim and one third of $500 in restitution.
The woman could have been sentenced to state prison. Judge Punch said a sentence of only Probation wasn’t an option.
“You clearly need to go to jail,” Punch said. “This was a very close call between state prison and Orleans County Jail. This was a very disturbing crime, showing an utter disregard for other people’s property.”
In addition to the 6 months in jail, the judge sentenced the woman to 5 years on Probation.
Corey Baerman, 18, of Albion also was part of the burglary. He will go in trial on May 6 for second-degree burglary, which carries a maximum of 15 years in state prison.
Baerman appeared in court on Feb. 2 and said he entered his 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, 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.
Punch said part of the reason he was sentencing the 18-year-old woman to jail is because she hasn’t provided much help in identifying other people involved in the burglary.
Her attorney disputed that, saying “she’s been cooperative all along.”
By Tom Rivers, Editor Posted 25 February 2015 at 12:00 am
ALBION – Three people facing charges for drug crimes in Orleans County were arraigned in county court on Monday.
Martin Eusebio, 20, of Albion is accused of cocaine trafficking in the Village of Albion. He was arrested in November. He was arraigned on two counts each of criminal sale and criminal possession of a controlled substance in the third degree.
Eusebio was living at 201 Washington St., Apt. 1. He has been in jail since his arrest on $50,000 bail. He entered a not guilty plea on Monday.
John B. Lang Jr., 56, of Albion was arraigned on numerous charges after being arrested in December following an investigation into the sale and distribution of prescription narcotics in Albion.
Lang was arraigned on two counts of criminal possession of a controlled substance in the third degree, four counts of CPSC in the fifth degree, one count of criminal sale of a controlled substance in the third degree, three counts of CSCS in the fourth degree and one count of CSCS in the fifth degree.
Lang was living at 175 North Main St., Apt. 16 in Albion. He has been in jail on $20,000 bail since his arrest. He pleaded not guilty during his arraignment.
A Lockport woman was arraigned after being arrested in December for criminal sale and criminal possession of a controlled substance in the third degree and one count of unlawful possession of marijuana.
Katrina Drake pleaded not guilty. She is accused of selling and distributing prescription narcotics in Albion.
Drake, 24, of 80 Genesee St., Apt. 3, has been free on $5,000 bail.
By Tom Rivers, Editor Posted 24 February 2015 at 12:00 am
ALBION – Three people were sentenced to state prison on Monday for their roles in drug crimes in Orleans County.
John H. Butler, 33, of Lockport received the longest sentence of 3 years in prison. Butler was arrested in December 2013 after police seized 43 bags of crack cocaine from the vehicle he was driving, which was parked in the American Legion parking lot in Albion.
Butler has been in jail since his arrest. His attorney Kevin McKain said Butler has been a model inmate in the county jail. Butler wasn’t selling the drugs, McKain said.
Butler is a second-felony offender. His prior felony was fourth-degree criminal possession of a controlled substance in November 2005.
As part of a plea deal, Butler faced a maximum three-year sentence on Monday and County Court Judge James Punch gave him the maximum, plus an additional two years of post-release supervision.
A Rochester man also was sentenced to state prison on Monday. Laquan J. Simmons, 22, was arrested in April with 6.7 grams of crack cocaine in the Wal-Mart parking lot. Police seized 22 bags of crack cocaine packaged for sale and a larger bag of crack cocaine. They have a street value of more than $1,500, the Orleans County Major Felony Task Force reported then.
Simmons, who was on parole, also has been on Probation twice. Simmons suffers from mental health issues and “an extremely dysfunctional childhood,” his attorney Barry Dolgoff told the judge during sentencing.
Punch declined Dolgoff’s request to sentence Simmons to Probation, and instead gave him 2 years in prison.
“For a young man you’ve got quite a history,” Punch said.
A Batavia man also was sentenced to two years in state prison for his drug activity. Terry J. Toote, 37, is a second-felony offender with a past charge of second-degree assault in March 2006.
Toote’s attorney Thomas Keane said Toote has struggled with his own drug problem. Keane said Toote had a very small role in the drug crime that led to his arrest.
Judge Punch said Toote committed a “low-level offense” but still deserved jail time given his prior criminal history. In addition to two years in prison, Punch sentenced Toote to two years of post-release supervision.
Toote apologized to the community and his family “for the acts I’ve done.”
By Tom Rivers, Editor Posted 24 February 2015 at 12:00 am
ALBION – An Albion woman who could have been sentenced to a maximum of 15 years in state prison for attempted arson was given the minimum of 2 ¼ to 4 ½ years behind bars on Monday.
Crystal McGuire, 22, of West Lee Road admitted in a previous court appearance she set a fire inside the dryer of a house on Beaver Street on Aug. 16, 2013. She told Orleans County Court Judge James Punch she knew there was at least one person inside when she started the fire.
McGuire was a victim of domestic violence and her abuser was inside the home, McGuire’s attorney Matthew Nafus said during her sentencing on Monday.
“She overreacted by trying to set the house on fire,” Nafus said.
No one was injured from the fire, he noted. McGuire also suffers from a developmental disability, and emotional, cognitive and mental health disorders, Nafus said.
He asked the judge to not give McGuire a long sentence in prison.
Judge Punch said McGuire clearly was in an abusive relationship. He would have preferred to sentence McGuire to time in jail, instead of state prison, and also line up help and support for her, “but the statute doesn’t allow for that.”
Punch gave her the minimum sentence of 2 ½ to 4 ½ years in state prison. The maximum sentence would have been 3 ½ to 15 years in prison.
By Tom Rivers, Editor Posted 23 February 2015 at 12:00 am
JW Hardy
ALBION – An Albion resident with a criminal history going back four decades was sentenced to the maximum of 12 years in state prison today.
JW Hardy, 57, was convicted by a jury last month on multiple counts of criminal sale and criminal possession possession of controlled substances.
Hardy has been arrested for drug crimes going back to 1976. Assistant District Attorney Susan Howard noted that long record during Hardy’s sentencing today.
“The criminal history is undeniably extensive,” said Hardy’s attorney Thomas Burns.
He asked the judge to not give Hardy the maximum due to his age and medical issues. Burns said Hardy has struggled with drugs himself for much of his adult life. Burns also said Hardy was not violent and did not threaten witnesses with the latest crimes.
Orleans County Court Judge James Punch gave Hardy the maximum sentence. The judge said whenever Hardy has been released from jail or prison he almost immediately went back to using and selling drugs.
“If anybody fits the definition of a drug dealer it is you,” Punch told Hardy during sentencing. “I don’t think you’ve ever tried to stop using drugs and you’ve spread that poison throughout the community.”
Hardy was arrested on April 1 with 15 others following a six-month investigation into the sale and distribution of crack cocaine, heroin, prescription narcotics and marijuana in the village of Albion, the Orleans County Major Felony Crime Task Force reported at the time.
Hardy was living at 262 East Bank St. when he was arrested. He has been in jail without bail since then due to his criminal history.
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.
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.
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.
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.
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.
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.
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.
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.
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.