Guilford teen tried as adult, found guilty of child sexual abuse
GUILFORD – A 17-year-old Guilford resident was tried and convicted as an adult in town court Friday, with a jury finding him guilty of 11 misdemeanor sex crimes against a 12-year-old girl.
Six Town of Guilford jurors convicted Ryan A. Macpherson of four counts of second degree sexual abuse and seven counts of sexual misconduct after about 45 minutes of deliberation.
Assistant District Attorney Michael D. Ferrarese said each charge carried with it a possible sentence of one year in the Chenango County Correctional Facility, but explained state law only allows a maximum sentence of two years total in misdemeanor prosecutions.
When he was originally arrested by the New York State Police in May, Macpherson was charged with third degree incest, a felony, and sexual misconduct, since the victim in the case was a relative.
The ADA said police began investigating the crimes after the 12-year-old victim sought suicide counseling and disclosed the incidents in a sexual assault questionnaire.
According to Ferrarese, the crimes involved non-consensual intercourse and molestation between September 2009 and February 2010.
During the trial victim was called to testify in the case, which presented no physical evidence.
“From the beginning this was a case of her word against his. I knew much of my case depended on if the jury found the victim’s testimony credible and they obviously did,” said Ferrarese.
The victim testified she had attempted to fight off the attacks and on at least some of the occasions she was physically restrained. She also told the court Macpherson threatened to harm her if she contacted authorities. Ferrarese said the incidents occurred during times when the victim’s and defendant’s families visited one another and the two were left home alone.
Ferrarese said the DA’s office considered seeking felony-level charges against Macpherson, but decided in October to prosecute the case in lower court, citing his age and that “justice would best be served.”
The trial began with jury selection at 11 a.m. Friday with Town of Guilford Court Justice Joan Kline presiding. The ADA called three witnesses, including the victim, her father and State Police Investigator Jamie Bell. Defense Attorney Thomas Kline called four witnesses: the defendant’s mother, an aunt and two friends of the family.
The defense attorney noted the victim’s testimony offered several inconsistencies involving the actual dates of the accused encounters. Defense witnesses testified that on some of the reported dates of the incidents the victim and defendant never had any contact.
Ferrarese admitted the victim erred in recalling some of the specific times and dates at trial.
“More compelling to me and what she did do very well, was describe the acts that occurred to her in great detail. She may have gotten a day wrong, but that’s not uncommon for victims of this type of crime and her age. She was still able to remember the approximate dates correctly to within a few days. The allegations expanded over a several month period,” he said.
The jury returned with a guilty verdict on all counts at about 6:45 p.m. Friday.
Macpherson, who was out on $5,000 cash bail, was remanded to the county jail on $15,000 cash bail by Justice Kline. As part of any sentence, Macpherson will be required to register as a sex offender, said Ferrarese. He will return to court for sentencing at a late date.
Six Town of Guilford jurors convicted Ryan A. Macpherson of four counts of second degree sexual abuse and seven counts of sexual misconduct after about 45 minutes of deliberation.
Assistant District Attorney Michael D. Ferrarese said each charge carried with it a possible sentence of one year in the Chenango County Correctional Facility, but explained state law only allows a maximum sentence of two years total in misdemeanor prosecutions.
When he was originally arrested by the New York State Police in May, Macpherson was charged with third degree incest, a felony, and sexual misconduct, since the victim in the case was a relative.
The ADA said police began investigating the crimes after the 12-year-old victim sought suicide counseling and disclosed the incidents in a sexual assault questionnaire.
According to Ferrarese, the crimes involved non-consensual intercourse and molestation between September 2009 and February 2010.
During the trial victim was called to testify in the case, which presented no physical evidence.
“From the beginning this was a case of her word against his. I knew much of my case depended on if the jury found the victim’s testimony credible and they obviously did,” said Ferrarese.
The victim testified she had attempted to fight off the attacks and on at least some of the occasions she was physically restrained. She also told the court Macpherson threatened to harm her if she contacted authorities. Ferrarese said the incidents occurred during times when the victim’s and defendant’s families visited one another and the two were left home alone.
Ferrarese said the DA’s office considered seeking felony-level charges against Macpherson, but decided in October to prosecute the case in lower court, citing his age and that “justice would best be served.”
The trial began with jury selection at 11 a.m. Friday with Town of Guilford Court Justice Joan Kline presiding. The ADA called three witnesses, including the victim, her father and State Police Investigator Jamie Bell. Defense Attorney Thomas Kline called four witnesses: the defendant’s mother, an aunt and two friends of the family.
The defense attorney noted the victim’s testimony offered several inconsistencies involving the actual dates of the accused encounters. Defense witnesses testified that on some of the reported dates of the incidents the victim and defendant never had any contact.
Ferrarese admitted the victim erred in recalling some of the specific times and dates at trial.
“More compelling to me and what she did do very well, was describe the acts that occurred to her in great detail. She may have gotten a day wrong, but that’s not uncommon for victims of this type of crime and her age. She was still able to remember the approximate dates correctly to within a few days. The allegations expanded over a several month period,” he said.
The jury returned with a guilty verdict on all counts at about 6:45 p.m. Friday.
Macpherson, who was out on $5,000 cash bail, was remanded to the county jail on $15,000 cash bail by Justice Kline. As part of any sentence, Macpherson will be required to register as a sex offender, said Ferrarese. He will return to court for sentencing at a late date.
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