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.

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.

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.

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 – 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.

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.

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.

‘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.

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.

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.