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.

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.”

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.

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.

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.

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.

ALBION – An 18-year-old from Medina who sent threatening text messages last May, saying he would kill other students, was sentenced to six months in county jail today.

Mackenzie Barrett on Oct. 20 pleaded guilty today to making a terrorist threat, which carried a maximum of 2 1/3 to 7 years in state prison. As part of a plea deal, Barrett faced a maximum of one year in jail.

Orleans County Court Judge James Punch gave Barrett half of the maximum sentence as part of the plea. Punch said Barrett showed no signs of following through with the threat, which was sent in text messages to a friend.

Punch said Barrett has an “extremely limited criminal history.”

Barrett was suffering from depression, anxiety and was being bullied at school, his attorney Dominic Saraceno said during sentencing today.

“He did something incredibly stupid (by sending those threatening text messages),” Saraceno said.

Barrett has been in jail the past eight months. He was free to go today, but first had to report to Probation. He will be on Probation the next five years. Punch told Barrett he is not to send any offensive electronic communications and won’t be permitted to possess weapons or ammunition.

The judge denied youthful offender status for Barrett, which would have sealed his record.

“I’m expecting you to deal with your problems,” the judge told Barrett. “If anything like this happens again, state prison is the only option.”

Barrett apologized for the threatening messages in May, and the panic that resulted in the community.

“I didn’t think of the consequences when I did it,” he said. “It was just spur of the moment.”

Barrett may have taken no steps to follow through with the threat, but Punch said the issue was serious, and was emotionally and financially costly to the community.

“We have to take threats seriously,” the judge said. “You can’t just sweep them under the rug.”

ALBION – An Albion man with a criminal history dating back nearly four decades was sentenced today to 10 years in state prison for several drug crimes.

Charles G. Ingram, 59, was arrested last April 1 along 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 then.

Ingram’s case went to trial and he was found guilty by a jury on Oct. 31. Today he was sentenced for two counts each of criminal sale and criminal possession of a controlled substance in the third degree, as well as one count of criminal possession of a controlled substance in the seventh degree.

Charles Ingram

His attorney Kevin McKain said Ingram’s more recent crimes included “minuscule sales, very small sales” with Ingram acting as the middle man.

“He certainly was not profiting greatly from these sales,” McKain said during sentencing this afternoon.

Ingram has a long history of crack cocaine use and alcohol abuse, and has used his criminal actions to pay for his addictions, McKain said.

Ingram also suffers from diabetes and had his left leg amputated since he was jailed last April.

District Attorney Joe Cardone said Ingram has a lengthy criminal history since 1975, with repeated convictions for narcotics sales.

Ingram has served four prison terms since 1975, adding up to 32 years behind bars.
When he was most recently arrested, he was living at 175 North Main St., Room No. 20.

County Court Judge James Punch gave Ingram 10 years in state prison.

“You’ve been profiting from these sales for a long time,” the judge told Ingram at sentencing. “You’ve been doing this type of thing and other crimes for decades.”

ALBION – An Albion man was sentenced to three years in state prison today after he faced numerous charges after being arrested last Feb. 13.

That day Dennis Calkins, 35, allegedly jumped from a moving vehicle and fled police on foot. He was wanted on a parole warrant. Albion police and Orleans County Sheriff’s deputies found a backpack full of ingredients for making methamphetamine in the back seat of the car he was driving.

Calkins was charged with felony unlawful manufacturing or possession of meth or meth lab materials, and misdemeanor counts of obstruction of governmental administration and possession of a hypodermic instrument.

Calkins has a prior felony for driving while intoxicated. His “issues” stem from substance abuse problems, his attorney, Michael Manusia, told Judge James Punch during sentencing this afternoon.

Manusia requested a drug treatment program for Calkins in prison. Punch said he would leave that up to the state Department of Corrections.

“You have a very serious criminal history,” Punch told Calkins. “You intended to make methamphetamine, which is a very dangerous drug. I’d hate to see it get a toehold in our county along with all the other problems.”

In another case in county court today, a Gaines resident pleaded guilty to fourth-degree grand larceny and fifth-degree criminal possession of a controlled substance.

Lee Q. Tisdale, 43, of 2822 Lattin Rd. was arrested in March following a six-month investigation into the sale and distribution of cocaine, ecstasy and methylone “bath salts” in Orleans County.

Tisdale admitted to two crimes in court today: stealing a Chevy van and selling the drug known as MDMA or ecstasy.

As part of a plea deal today, he won’t face more than two years in state prison when he is sentenced on March 9.

ALBION – A 28-year-old Brockport man was arraigned in Orleans County Court today on numerous counts of second-degree rape, second-degree criminal sexual act and other charges.

Matthew M. Edwards of West Ridge Road allegedly had sex with a 13-year-old girl in the Village of Holley between July 4 and Aug. 30. Edwards also allegedly provided the girl with drugs and alcohol, according to the District Attorney’s Office.

He is in Orleans County Jail on $200,000 bail.

“This defendant has a very strange and bizarre criminal record,” Assistant DA Susan Howard told Judge James Punch during arraignment today.

Edwards faces 20 counts of second-degree rape, 14 counts of criminal sexual act in the second degree, five counts of unlawful dealing with a child in the first degree and one count of endangering the welfare of a child.

Edwards appeared with assigned counsel, Nathan Pace of Medina, who entered not guilty pleas on behalf of Edwards. He will next appear in court on Feb. 2.

Punch said Edwards has multiple failures to appear in court before, as well as past misdemeanors and a prior felony.

The judge issued an order of protection for the alleged victim.

ALBION – Three people were arraigned in Orleans County Court today with bail set for all three.

Robert Beedham, 52, of Albion is in jail on $100,000 bail after being charged with second-degree assault following a Dec. 24 incident at his apartment, 175 North Main St., No. 9.

Beedham allegedly was in a fight on Christmas Eve, an altercation that involved a knife. District Attorney Joe Cardone asked Judge James Punch to set “fairly significant bail” given that Beedham has three prior felonies.

Sanford Church, the public defender, said Beedham was acting in self defense on Dec. 24.

“The other fella pulled the knife first,” Church said during an afternoon court appearance today.

Robert Wright, 23, of Niagara Falls was arraigned on charges of first-degree burglary, criminal possession of a firearm, petty larceny and criminal possession of stolen property in the fifth degree for alleged crimes that occurred in Medina on June 16.

Wright is in Orleans County Jail on $50,000 bail.

Joseph Hagen, 31, of Lyndonville was arraigned on violation of probation. The judge set bail at $15,000 for Hagen.

ALBION – Two men currently in state prison will soon be released and will be registered as sex offenders. Orleans County Court Judge James Punch assigned the risk levels on Monday.

Jeffrey Elsenheimer, 34, was deemed a level 2 sex offender, a moderate risk of a repeat offense. Elsenheimer is a former Medina firefighter who admitted to a sexual relationship with two teen-age boys.

He is currently an inmate in the Mohawk Correctional Facility. His earliest release date is Jan. 23, 2015.

Elsenheimer was arrested in August 2012. An investigation by the Orleans County Major Felony Crime Task Force showed that Elsenheimer photographed sexual acts committed with the boys and had other nude photographs of the boys on his phone.

An Orleans County grand jury filed a 29-count indictment against Elsenheimer. He pleaded guilty to third-degree criminal sexual act.

He was sentenced to two years in state prison and had to surrender his EMT license.

Another man was deemed a more serious threat by Judge Punch. Robert C. Schwab, 27, was assessed as a level 3 offender, the highest possible.

Schwab allegedly had sex on multiple occasions with a 12-year-old girl. He pleaded guilty to first-degree attempted criminal sexual act and was given a maximum sentence of 4 years, 6 months in state prison.

His earliest release date is Feb. 1. He is currently at Groveland Correctional Facility.

Both Elsenheimer and Schwab will be listed in the state’s sex offender registry.

ALBION – Orleans County Court Judge James Punch set bail for at least $100,000 for two people in jail on drug charges.

Bail was set at $100,000 for Vickie L. Hughes, 49, of 71 West Ave., Apt. 45 in Brockport. She was arrested on Dec. 3 and charged with two counts of criminal sale and criminal possession of a controlled substance in the third degree, 2 counts of CSCS in the fourth degree and four counts of CPCS in the fifth degree.

She was arraigned by Albion Town Justice Gary Moore on Dec. 3 and remanded to Orleans County Jail on no bail, due to a previous criminal history.

Judge Punch set bail at $200,000 for a Brockport man who was arrested on Friday and charged with five counts of criminal sale of a controlled substance in the third degree.

Jesus M. Vargas, 35, of 18 North Main St., Apt. 111, is likely to be charged with additional drug crimes, the Orleans County Major Felony Crime Task Force reported.

Vargas was arraigned on Friday in the Town of Murray Court by the Judge Gary Passarell. Vargas was committed to Orleans County Jail without bail due to his previous criminal history.

ALBION – Three people were sentenced in Orleans County Court today for drug crimes. All three will spend time in either county jail or state prison.

Stephen W. Miles, 51, received the stiffest sentence of 2 years in state prison. Miles admitted in September he had a prescription narcotic, tramadol, and intended to sell it on March 26 from his room in Albion at 175 North Main St., Room No. 12.

He pleaded guilty to criminal possession of a controlled substance in the 5th degree. He faced a maximum sentence to 2 ½ years in state prison. His attorney, Brian Degnan, said Miles was taken advantage of others in the drug crime, by preying on his low intellect and addictions. Miles was one of 16 people arrested in a April 1 drug raid by local law enforcement.

Miles has committed “a slew of petty larcenies and misdemeanors” in recent years, but has avoided “serious trouble” since the 1980s, his attorney said.

Miles said he has long struggled with drug addiction. He asked County Court Judge James Punch to make sure the sentence includes drug treatment.

“If you do that you’ll probably save my life,” Miles said.

Three of his friends have recently died from drug addictions, Miles said.

Punch said Miles has “a long and consistent criminal history” and has had opportunities for drug treatment. Because Miles admitted his crime, Punch didn’t give him the maximum sentence.

He said Miles and others that sell drugs cause many ruined lives in the community.

“You don’t know who survives and who doesn’t when you sell drugs,” Punch said.

Miles was also ordered to pay $45 in restitution, the cost of the drug buy by law enforcement.

In other sentencings today:

A Medina woman was sentenced to 1 ½ years in state prison for criminal possession of controlled substance in the 5th degree.

Debra Unell, 52, of Orient Street in Medina admitted in court to trying to sell cocaine. Unell was charged after she allegedly sold cocaine on three occasions between Oct. 3, 2013 and Dec. 11, 2013.

Unell apologized for her actions. Her attorney Nathan Pace said she has health and substance abuse issues. Until her arrests in 2013, she had not committed any crimes for 15 years, Pace told the judge.

Punch said Unell “has a very substantial criminal history” and hasn’t cooperated with agencies trying to help her. Besides the state priosn sentence, Unell was ordered to pay $334 in restitution for the drug buys from law enforcement.

A former Albion resident was sentenced to four months of intermittent jail time, plus five years probation.

Melissa A. Warren, 28, is a first time offender. She admitted she possessed cocaine on March 5 with the intent to sell it.

The former Albion resident now lives in Batavia. She pleaded guilty to CPCS in the fifth degree, which carries a maximum sentence of up to 2 ½ years in state prison.

She apologized to the community, her family and her young son for her crime.

Warren works nearly full-time and the judge said she needs to continue gainful employment. She is to report to the county jail on Monday mornings and will stay until 9 p.m. on Tuesdays for the next four months. She also was ordered to pay $40 restitution.

2 others arraigned for crimes at County Court

ALBION – A Medina man who has been in jail on $125,000 bail for allegedly being part of a burglary now faces an additional charge of intimidating a witness.

Jason Wills, 28, of Church Street in Medina was arraigned on the new charge on Monday in front of Orleans County Court Judge James Punch.

Wills is one of four people who have been charged with breaking into a house in Albion on East State Street on May 19. The defendants allegedly also caused property damage and attacked one of the residents, according to the District Attorney’s Office.

One of the accused, Stormy Osby, 18, of Medina pleaded guilty. In court, she said Wills was involved in the break-in. Wills was in court at the time and allegedly threatened Osby.

Wills already faced charges of second-degree burglary, criminal mischief in the fourth degree and four counts of endangering the welfare of a child for the alleged crime.

His attorney Zachary Mauer asked Punch to reduce bail from $125,000 on Monday. Mauer said Wills never entered the house during the burglary. Wills is also a life-long resident who has always appeared for his court dates, Mauer said.

Given the additional charge, Punch said he would keep bail at $125,000. The judge said he would likely have to recuse himself from the intimidation charge because the crime allegedly happened in the courtroom in front of Punch. The judge said he didn’t hear Wills make the alleged threat.

In other cases:

A Byron man was arraigned for second-degree assault after allegedly striking a victim in the head with a bottle on Sept. 14 in the Town of Murray.

Gregory Vogt, 27, of Cook Road was given a day to post $1,500 bail or else report to the jail.

“This was a completely unprovoked attack on the victim,” said Assistant District Attorney Susan Howard.

The judge issued an order of protection for the victim in the case.

Phillip Barsonti was arraigned for violating his Probation after allegedly pushing and shoving someone in the Town of Barre on Nov. 11.

Barsonti, 33, no address available, was charged with second-degree harassment and second-degree criminal contempt. The judge increased Barsonti’s bail from $500 set in the Barre court to $2,500.