NORWICH – After hearing the testimony of four witnesses, Judge Kevin M. Dowd immediately returned a verdict of not guilty in the case of a Preston man accused of a molesting a 3-year-old.
Douglas W. Jones was found not guilty of the two counts against him: felony first degree sexual abuse and endangering the welfare of a child, a misdemeanor.
In his opening remarks during the four and a half hour bench trial in Chenango County Supreme Court Wednesday, Defense Attorney Frank B. Revoir Jr. told the judge, “This entire case is one woman saying ‘I saw this.’ The whole family was there in the room when the alleged incident took place and it’s just absurd that a man could be brought to trial for this.”
By the end of the trial, Dowd agreed and after first hearing First Assistant District Attorney Stephen M. Dunshee present the prosecution’s arguments, he delivered his verdict within moments of hearing the defense rest.
“Let me just say I totally disagree with your assessment of the evidence, Mr. Dunshee. I have sat here and listened to this. It’s been a short trial. This is scary. This is very, very scary to me, that this has gotten this far,” said the judge. “I don’t think this is a close case. I think there’s been a total failure of proof relative to the sex abuse first degree. I find him not guilty on that. I find a total failure of proof on endangering the welfare of a child, and I find you (Jones) not guilty on that.”
In his opening remarks, Dunshee claimed Jones had molested a 3-year-old child suffering from a development disorder on Aug. 23, 2008 in the Town of Preston. The alleged victim was said to have been on a couch as she slept on Jones’ lap in the family’s living room.
The alleged victim’s father was asleep in a recliner a few feet away and two other relatives were also at a computer desk just behind the couch with their backs turned from Jones when he allegedly began touching the child inappropriately.
At that time, the prosecution claims the only witness to the alleged crime, 26-year-old Amanda L. Shaver, turned her attention from the computer screen to her stepfather, Jones, and caught him in the alleged act.
“I freaked out,” said Shaver on the stand. Shaver said she “jousted” Jones on the shoulder and then asked him, “What the hell are you doing?”
At that time, family members in the room and in the nearby area were aroused by the commotion and displayed a mixed reaction of confusion, disbelief and anger.
Shaver’s sister, Jessica Belk, who was sitting next to her at the computer, also took to the stand, but contradicted her sibling’s testimony.
Belk gave testimony that was allegedly in contradiction to what New York State Police Investigator Jason Besset said she’d given police a year earlier. He said Belk told police then she did not directly witness the event.
Dunshee responded sternly to the new development in court.
“So now you’re telling us you were looking at (victim) at the time of the incident?” he said.
“I was looking right at her and I saw nothing,” she responded.
Another key development in the prosecution’s case came two days after the alleged crime. Police were called to the Jones home after Douglas Jones and his wife Donna, Amanda Shaver’s mother, attempted suicide by ingesting a number of pills and sitting in a running truck in the garage.
Shaver stumbled upon the couple while they were in the process of carrying out the attempt. Relatives had contacted her with concern that her mother failed to show up for work without calling first.
She testified that she went to her mother’s home and after making several attempts to enter the residence, her mother appeared, cracking open the doorway and throwing out a signed suicide note, that was presented in court. One side was written in blue marker by Douglas, leaving his home to his children and the other side was a final farewell letter from Donna.
Shaver called 911.
“My husband and I attempted to commit suicide,” said Donna in court. She explained that after suffering from a heart attack a few years earlier, the couple had made a death pact to end their lives together to ensure they’d never be apart.
She claimed a combination of things, her diagnosed depression, continuing medical illness and the recent family drama over the allegations of abuse had convinced the couple that it was the right time to commit suicide.
She also added, “It was my idea not his (Douglas),” apparently debunking the prosecution’s assertion that the suicide attempt was a sign of Douglas’ guilty conscience.
The Chenango County Sheriff’s Office and state police responded and began investigating the incident which led to the revelation of the alleged molestation which supposedly took place a few days earlier.
Revoir was quick to point out in court that no one had reported the alleged sexual abuse prior to the suicide attempt.
Revoir said Jones had no prior criminal history. “He’s never even been arrested for a crime in his life certainly not a sex crime. He’s never even had a traffic ticket,” he said.
“I caught him in the act that day and saw what I saw and spoke up to defend a helpless voice,” said Shaver following the judge’s ruling. “What else was I supposed to do? What am I to do now?”