NORWICH – A Bainbridge man on trial for a felony sex crime took a plea to a non-sex related misdemeanor after over four hours of testimony before a jury Thursday.
Ottoniel Gonzalez, 35, pleaded guilty to unlawfully dealing with a child in a plea arraignment that would sentence him to 3 years probation. Had he taken his chances with a jury, he faced a maximum sentence of 7 years in state prison if convicted of the top charge against him.
“Given the prospect of going to prison, it seemed like a good decision to Mr. Gonzalez,” said his defense attorney, Joseph A. Ermeti of Sydney.
When the trial began at 9 a.m. Thursday, Gonzalez faced a top count of first degree sexual abuse. He was accused by an 18-year-old Bainbridge girl of sexual molesting her after she admittedly passed out intoxicated in the defendant’s living room during a graduation party for the daughter of his live-in girlfriend on July 16, 2007.
However, the conclusion of yesterday’s proceedings ended with Gonzalez only admitting he gave the girl alcohol while at the party, explained Ermeti. The conviction is not a sex-related offense.
“The victim in the case did a great job testifying and coming forward, on multiple occasions, to ensure that the offense was properly prosecuted and only after consultation with the victim and her parents did we consider accepting the plea to unlawfully dealing with a child,” said District Attorney Joseph A. McBride.
The victim was the first witness called by the prosecution in the case, which the police investigator in charge said lacked any physical evidence.
New York State Police Investigator Jamie Bell took the stand for the prosecution and on cross-examination was asked by Ermeti, “You would agree with me there is no physical evidence in the case?” Bell responded “yes” but did say that there was still “evidence of a crime.”
Ermeti was also fast to point out to the jury, in an intense cross-examination of the alleged victim, that there were no witnesses to the crime. He claimed his client was never even alone with the teen.
“Basically the trial will boil down to his word against hers,” said Ermeti in his opening statement.
Gonzalez’ live-in girlfriend of eight years, Bonnie Diezman, took the stand to defend his character and told the court he was never alone with the victim. The couple also live with Diezman’s two daughters, age 17 and 19, who were the ones holding the graduation party on the night of the alleged incident.
Diezman said she and Gonzalez helped the intoxicated teen into the living room on the night in question, getting her food and a blanket, after she allegedly became out of control at the party’s bonfire.
She said the teen had become a danger at the bonfire. “Staggering all over the place, she was out of her head,” she said.
Ermeti said the teen had a history of substance abuse citing incidents where she was disciplined at school for alcohol and drug use.
On cross examination, Diezman admitted she was not with Gonzalez all night, but refused to say it was even possible for the abuse to have taken place.
The testimony become even more heated after Diezman told the court she did not allow underage drinking at the party, yet did not take action after the victim left in her vehicle drunk and visibly upset between the hours of midnight and 1 a.m.
McBride asked, “Did you call the police ma’am? Did you call her parents?” Diezman answered “no” to both and said “I don’t know” when pressed for an explanation.
The alleged victim said she was offered a single beer by Gonzalez at the onset of the party and then as the night went on, she consumed a few beers, swigs of vodka and mixed drinks, while in the presence of adults at the party.
She was taken into the couple’s house after having too much to drink and was covered on their couch with a blanket. She claimed that soon after, Gonzalez came into the room alone removed the blanket and touched her inappropriately. She said she pushed the defendant away and at some point in the next few minutes stormed out of the house and drove home to her father. Two days later, they contacted police. McBride said the victim never received medical treatment nor was examined.
“Crimes involving one witness cases, where it’s one’s word against another, are very difficult to prosecute and we have always taken steps forward to protect the victim and society. Just because juries have a reasonable doubt that a crime didn’t happen doesn’t mean it didn’t. It’s a high standard of proof,” he said.