‘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.

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.”