Sex abuse trial under way
NORWICH – The trial of a Sherburne man accused of sexually abusing a child in 2008 began yesterday, with jurors seated at approximately 2:30 p.m. to hear opening statements from both the prosecution and defense at the Chenango County Courthouse.
The defendant, Charles L. Collins III, 32, was indicted in July of 2011 on charges of predatory sexual assault against a child, a class A-II felony; first degree incest, a class B violent felony; first degree criminal sexual act, also a class B violent felony; and endangering the welfare of a child, a class A misdemeanor.
It is alleged that Collins, on an unspecified date in the summer of 2008, forced an 11-year-old boy to perform sexual acts upon himself, later engaging in and subjecting him to sexual contact as well.
According to the Chenango County District Attorney’s Office, represented by part-time district attorney Michael Ferrarese, the prosecution will call multiple witnesses to the stand throughout the course of the trial, expected to last two to three days. Witnesses include the child’s mother, various law enforcement investigators and the child himself.
Ferrarese, in his opening statement, detailed Collins’ relationship with the child over the years, which eventually expanded to include supervised contact with the boy, later spending every other weekend together. In June of 2011, the boy disclosed the alleged sex crime to his mother, who immediately contacted the New York State Police. A controlled phone call – with authorities listening in – was then initiated between the child and Collins.
During that phone call, the 11-year-old allegedly told Collins, “I need to tell someone” about the incident, said Ferrarese, to which Collins responded, “Wait until you talk to me first” and “you don’t want to do anything to [expletive] up seeing me.”
Ferrarese told the jury that the child had waited to disclose the alleged incident because he was “embarrassed” and “uncomfortable” and “afraid.” The victim will, however, testify that – eventually – he felt he “had to tell someone.”
In addition, evidence will be presented to jurors showing that Collins, in 2008, was in possession of a laptop computer containing images of child pornography. In September of 2008, Collins was charged with promoting a sexual performance by a child, a class D Felony, and possessing a sexual performance by a child, a class E Felony, following a joint investigation conducted by the New York State Police Computer Crime Unit, the Sherburne Police Department, FBI Binghamton, the Southern Tier Cyber Predator Task Force and the Chenango County Sheriff’s Office.
“When you add those elements together [and] apply common sense, there’s only one verdict that can be reached in this case,” concluded Ferrarese in his opening statement.
Collins’ attorney, Richard Bach, questioned why the child had waited so long to report the alleged incident, stating Ferrarese had “left a few things out” concerning the relationship between his client and the alleged victim. He asked the jury how the relationship would have changed if such an incident had occurred, and would the child continue to visit, later expressing a desire to move in with him, as well. And despite the child pornography charges brought against his client in 2008, Bach said there is “not sufficient evidence” to meet the district attorney’s burden of proof beyond a reasonable doubt.
Bach also noted that the boy, when questioned by police following Collins’ 2008 child pornography charges, said his Collins had never touched him inappropriately. Collins, he added, kept asking, “What are you talking about?” during the state police-supervised controlled phone call.
“This is a horrific charge, a terrible charge,” said Bach, who added his client allegedly committed the crime on a date that prosecutors “don’t even know,” citing the lack of physical evidence in the case. “[Prosecutors] don’t have any forensic, scientific evidence ... because they didn’t even look for one ounce.”
Testimony by the child’s mother was cut short yesterday due to technical difficulties and is expected to resume this morning.
The defendant, Charles L. Collins III, 32, was indicted in July of 2011 on charges of predatory sexual assault against a child, a class A-II felony; first degree incest, a class B violent felony; first degree criminal sexual act, also a class B violent felony; and endangering the welfare of a child, a class A misdemeanor.
It is alleged that Collins, on an unspecified date in the summer of 2008, forced an 11-year-old boy to perform sexual acts upon himself, later engaging in and subjecting him to sexual contact as well.
According to the Chenango County District Attorney’s Office, represented by part-time district attorney Michael Ferrarese, the prosecution will call multiple witnesses to the stand throughout the course of the trial, expected to last two to three days. Witnesses include the child’s mother, various law enforcement investigators and the child himself.
Ferrarese, in his opening statement, detailed Collins’ relationship with the child over the years, which eventually expanded to include supervised contact with the boy, later spending every other weekend together. In June of 2011, the boy disclosed the alleged sex crime to his mother, who immediately contacted the New York State Police. A controlled phone call – with authorities listening in – was then initiated between the child and Collins.
During that phone call, the 11-year-old allegedly told Collins, “I need to tell someone” about the incident, said Ferrarese, to which Collins responded, “Wait until you talk to me first” and “you don’t want to do anything to [expletive] up seeing me.”
Ferrarese told the jury that the child had waited to disclose the alleged incident because he was “embarrassed” and “uncomfortable” and “afraid.” The victim will, however, testify that – eventually – he felt he “had to tell someone.”
In addition, evidence will be presented to jurors showing that Collins, in 2008, was in possession of a laptop computer containing images of child pornography. In September of 2008, Collins was charged with promoting a sexual performance by a child, a class D Felony, and possessing a sexual performance by a child, a class E Felony, following a joint investigation conducted by the New York State Police Computer Crime Unit, the Sherburne Police Department, FBI Binghamton, the Southern Tier Cyber Predator Task Force and the Chenango County Sheriff’s Office.
“When you add those elements together [and] apply common sense, there’s only one verdict that can be reached in this case,” concluded Ferrarese in his opening statement.
Collins’ attorney, Richard Bach, questioned why the child had waited so long to report the alleged incident, stating Ferrarese had “left a few things out” concerning the relationship between his client and the alleged victim. He asked the jury how the relationship would have changed if such an incident had occurred, and would the child continue to visit, later expressing a desire to move in with him, as well. And despite the child pornography charges brought against his client in 2008, Bach said there is “not sufficient evidence” to meet the district attorney’s burden of proof beyond a reasonable doubt.
Bach also noted that the boy, when questioned by police following Collins’ 2008 child pornography charges, said his Collins had never touched him inappropriately. Collins, he added, kept asking, “What are you talking about?” during the state police-supervised controlled phone call.
“This is a horrific charge, a terrible charge,” said Bach, who added his client allegedly committed the crime on a date that prosecutors “don’t even know,” citing the lack of physical evidence in the case. “[Prosecutors] don’t have any forensic, scientific evidence ... because they didn’t even look for one ounce.”
Testimony by the child’s mother was cut short yesterday due to technical difficulties and is expected to resume this morning.
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