Man accused of a sex crime may face his victim in court for a second time
NORWICH – A man charged with a sex crime appeared in county court with his attorney Monday to debate what evidence can be used against him. Dwight K. Stevens is charged with first degree criminal sexual act (a Class B felony) and endangering the welfare of a child (a Class A misdemeanor).
The prosecution moved to present Stevens’ prior convictions to a jury at trial. Stevens has two prior offenses, including a DWI and endangering the welfare of a child. District Attorney Joseph McBride wanted to introduce both prior acts to a jury.
“We should not bend over backwards to hide the truth from the jury. If we do, they will get the impression this is a one-time deal, but in fact this case is about an ongoing history of sexual misconduct by the defendant,” said McBride.
Stevens’ Public Defender Alan Gordon said, “The DWI has nothing to do with the current charges in any way and would mislead the jury into thinking Mr. Stevens is some kind of drunk.”
Stevens was convicted of endangering the welfare of a child afer being brought to trial for a rape charge in Madison County against the very same victim he is accused of committing these crimes against now. Stevens was found not guilty of rape.
“We don’t know what the jury was thinking when they convicted him (defendant) of that crime, and it is not a sex crime, and it’s more prejudicial than probative,” said Gordon. The victim testified at the prior rape trial and is also willing to testify again if the case goes to trial.
“Jurors make the mistake of often convicting a person based on their past rather than what’s being presented, which as human beings we are prone to do, but we know it’s not that simple, judge,” said Gordon.
County Court Judge Howard Sullivan said he would not allow the driving while intoxicated charge to be introduced, but reserved on making a ruling in reference to the endangering the welfare of a child conviction.
The prosecution moved to present Stevens’ prior convictions to a jury at trial. Stevens has two prior offenses, including a DWI and endangering the welfare of a child. District Attorney Joseph McBride wanted to introduce both prior acts to a jury.
“We should not bend over backwards to hide the truth from the jury. If we do, they will get the impression this is a one-time deal, but in fact this case is about an ongoing history of sexual misconduct by the defendant,” said McBride.
Stevens’ Public Defender Alan Gordon said, “The DWI has nothing to do with the current charges in any way and would mislead the jury into thinking Mr. Stevens is some kind of drunk.”
Stevens was convicted of endangering the welfare of a child afer being brought to trial for a rape charge in Madison County against the very same victim he is accused of committing these crimes against now. Stevens was found not guilty of rape.
“We don’t know what the jury was thinking when they convicted him (defendant) of that crime, and it is not a sex crime, and it’s more prejudicial than probative,” said Gordon. The victim testified at the prior rape trial and is also willing to testify again if the case goes to trial.
“Jurors make the mistake of often convicting a person based on their past rather than what’s being presented, which as human beings we are prone to do, but we know it’s not that simple, judge,” said Gordon.
County Court Judge Howard Sullivan said he would not allow the driving while intoxicated charge to be introduced, but reserved on making a ruling in reference to the endangering the welfare of a child conviction.
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