NORWICH – Public Defender Alan Gordon challenged an alleged confession made to sheriff’s investigators by an accused child rapist in Chenango County Court Monday, claiming police had the option of recording the interview with audio and video, but chose not to.
Chenango County Sheriff’s Detective John Fern testified that he elected not to use the office’s equipment to record the interview, but said the defendant initialed each sheet of a three-page statement before signing his full name.
The defendant, 21-year-old Justin R. Zimmerman of Oxford, was indicted March 10 on two counts of predatory sexual assault against a child, Class A-II felonies.
Prosecutors accuse Zimmerman of having sexual intercourse and molesting a three-year-old female on Feb. 9 and 11 in the Village of Oxford.
He was also indicted on two counts of first degree rape, two counts of first degree criminal sexual act, class B felonies, and first degree sexual abuse, a class D felony.
He was arrested Feb. 20 after an investigation by the Sheriff’s Office and Child Protective Services.
The victim’s mother was also charged with endangering the welfare of a child and making a false written statements to police after allegedly attempting to cover up the incidents up from investigators.
In Monday’s hearing, Gordon pointed out to the court that no one except his client and the detective were present for the 45-minute interview, which allegedly included an oral and written confession.
Fern confirmed the sheriff’s office did have a working interview room with audio and video recording equipment.
Gordon then asked, “Why weren’t they used in this case?”
“Because I made the determination not to. It’s not always used for every interview and is left to the officer’s discretion,” testified Fern.
Gordon indicated in court it that during the interview his client was promised special treatment in exchange for cooperation.
Fern denied making any such offers in court.
“It would appear things happen in those discussions you wouldn’t want on tape,” said Gordon, drawing immediate objection from Assistant District Attorney Stephen Dunshee.
Judge W. Howard Sullivan upheld the objection and dismissed the statement.
“He stated to me that from his understanding he had nothing to worry. He said he had nothing to worry about because the (victim’s mother) told him there was no medical evidence,” testified Fern. “His demeanor was normal.”
Fern said that during the conversation with Zimmerman, the defendant admitted to engaging the child in sexual acts after inviting the three-year-old to watch pornography on his bedroom computer.
“He said on two occasions he had sexual contact with the victim,” he said .
In addition to the signed statement, Dunshee submitted a Miranda warning, also allegedly signed by Zimmerman on the day of the interview, into evidence.
Sullivan reserved on making an immediate decision in the hearing and remanded Zimmerman back to the Chenango County Correctional Facility in lieu of $100,000 cash bail.