Trial begins in case of alleged sex abuse of four-year-old
NORWICH – Following more than four hours of jury selection, the trial of 24-year-old Tommy Kessinger Sr. began Tuesday afternoon with opening statements by the prosecution and defense, as well as testimony from the parents of the four-year-old boy he stands accused of sexually abusing in 2011.
Kessinger was indicted last April on charges of first degree sexual abuse, a class D felony, and endangering the welfare of a child, an A misdemeanor. The prosecution alleges Kessinger – who was living with his girlfriend, Sonya Wilson, at her brother and his fiancée’s residence – touched the other couple’s four-year-old son inappropriately after the child’s bath, while he and Wilson were babysitting.
According to First Assistant District Attorney Stephen Dunshee, the prosecution will present evidence today in the form of a 39-minute DVD recording, during which Kessinger not only waives his Miranda Rights, but admits to the crime “more than a dozen” times. And while the jury alone will decide Kessinger’s innocence or guilt, Dunshee said he was “confident the defendant will be held responsible for his actions.”
Defense attorney John Cameron stressed to the members of the jury it’s important they understand Dunshee’s – and his own – opening statement is not evidence. The burden of proof, he added, beyond a reasonable doubt, lies with the prosecution.
“All I ask is that you keep your minds open ... listen to all of the testimony,” said Cameron. “Do as jurors do and deliberate ... I’m confident you will find my client, Mr. Kessinger, innocent.”
Ashley Miller and Robert Wilson, the child’s parents, both took the stand on Tuesday, relating events they said occurred in March of last year. According to Miller, the boy “told me something horrible,” a possible reference to Kessinger and the crime for which he’s been accused. Afterward, Miller said she “froze” before calling her fiancé upstairs, who was “very angry” when told their son’s story. The couple then contacted Child Protective Services and the Chenango County Sheriff’s Office, and kicked Kessinger out of their apartment.
During Cameron’s cross examination, Miller admitted she and Kessinger “had our arguments in the past” and that her son was and still is in counseling for ADHD, or attention deficit hyperactivity disorder. She also admitted her son liked to “horse around,” at times, although she said she believed his behavior normal for a four-year-old.
Kessinger’s trial will resume at 9:30 a.m. and is expected to wrap-up sometime today, according to the prosecution. If convicted, he could face a maximum sentence of up to seven years in state prison, said Dunshee.
Kessinger was indicted last April on charges of first degree sexual abuse, a class D felony, and endangering the welfare of a child, an A misdemeanor. The prosecution alleges Kessinger – who was living with his girlfriend, Sonya Wilson, at her brother and his fiancée’s residence – touched the other couple’s four-year-old son inappropriately after the child’s bath, while he and Wilson were babysitting.
According to First Assistant District Attorney Stephen Dunshee, the prosecution will present evidence today in the form of a 39-minute DVD recording, during which Kessinger not only waives his Miranda Rights, but admits to the crime “more than a dozen” times. And while the jury alone will decide Kessinger’s innocence or guilt, Dunshee said he was “confident the defendant will be held responsible for his actions.”
Defense attorney John Cameron stressed to the members of the jury it’s important they understand Dunshee’s – and his own – opening statement is not evidence. The burden of proof, he added, beyond a reasonable doubt, lies with the prosecution.
“All I ask is that you keep your minds open ... listen to all of the testimony,” said Cameron. “Do as jurors do and deliberate ... I’m confident you will find my client, Mr. Kessinger, innocent.”
Ashley Miller and Robert Wilson, the child’s parents, both took the stand on Tuesday, relating events they said occurred in March of last year. According to Miller, the boy “told me something horrible,” a possible reference to Kessinger and the crime for which he’s been accused. Afterward, Miller said she “froze” before calling her fiancé upstairs, who was “very angry” when told their son’s story. The couple then contacted Child Protective Services and the Chenango County Sheriff’s Office, and kicked Kessinger out of their apartment.
During Cameron’s cross examination, Miller admitted she and Kessinger “had our arguments in the past” and that her son was and still is in counseling for ADHD, or attention deficit hyperactivity disorder. She also admitted her son liked to “horse around,” at times, although she said she believed his behavior normal for a four-year-old.
Kessinger’s trial will resume at 9:30 a.m. and is expected to wrap-up sometime today, according to the prosecution. If convicted, he could face a maximum sentence of up to seven years in state prison, said Dunshee.
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