NORWICH – A man accused of having sex with a minor appeared in Chenango County Court Friday to weigh his options over a plea agreement, but was sent to the Chenango County Jail after he was overheard threatening the victim as he was leaving the courtroom.
On Sept. 16, a Chenango County grand jury indicted Michael A. Demuth, 33, of Norwich, on three counts of third degree rape, an E class felony, over allegations that he had sexual intercourse with a 15-year-old girl on three different occasions between March and April of 2008 in the Town of Oxford. He was also charged with misdemeanor endangering the welfare of a child.
Earlier in that month, the Chenango County Sheriff’s Office also arrested Demuth’s live-in girlfriend, 21-year-old Amanda L. Strozier, saying the two had engaged in various sexual activities involving one or both of the defendants and the underage teen over a period of time.
First Assistant District Attorney Stephen M. Dunshee said Strozier had no criminal record and due to her young age was allowed to plead to a misdemeanor and was sentenced to three years probation.
Dunshee said Demuth was convicted of a felony about 11 years ago over a prior burglary offense and was released from prison less than 10 years ago, making him a predicate felon in the new case.
Appearing in court Friday before Chenango County Judge W. Howard Sullivan, Dunshee said the DA’s office was willing to offer a minimum of two years in state prison in satisfaction of all the charges in exchange for a guilty plea.
Demuth’s Defense Attorney, David E. Sonn of Earlville, said his client was considering the deal but wanted to offer information to the court regarding the alleged victim in the case before final sentence was passed.
“I strenuously object, judge. I object to any victim-bashing,” interrupted Dunshee before Sonn could present the material.
Sullivan agreed, saying, “This kind of goes the other way - I’m not inclined toward the remarks because they show a lack of accepting responsibility. If there’s an issue, I can hear the victim at trial. She can tell her story from the stand.”
After having the material rejected as part of a consideration for a guilty plea, Sonn said he needed a little more time to talk to his client before giving an answer. Sullivan excused Demuth, who was not incarcerated, for about half an hour and listened to other cases.
While exiting the courtroom, a visibly upset Demuth was allegedly overheard by a court official and another witness as saying, “I’ll take care of her myself.”
After returning from the half hour delay, Sonn told the court Demuth was refusing the plea deal and wanted to go to trial. Sullivan then explained that Drug Treatment Court Coordinator James Everard had reported Demuth’s alleged remarks as he left the courtroom and ordered Demuth remanded to the county jail on $50,000 cash bail. “We can’t have that kind of behavior here,” said Sullivan.
“I would never do that your honor. I’m good friends with her (relative),” said Demuth. “I was upset at the time.”
Demuth went on to say he wanted to be with his children and apologized for the remark to the court, saying he had no money to post bail.
Sullivan then lowered the bail to $20,000. Demuth continued to argue with the judge until he was escorted out by court security. As he left the court, he began yelling “This is bull(expletive)” over the ruling and then could be heard striking the walls of the prisoner confinement area before being calmed down by officers.