NORWICH – Eight individuals facing a variety of felony and misdemeanor charges appeared in county court Wednesday – four sentenced, three pleading not guilty and one arguing a motion to proceed without the representation of an attorney.
• Barry L. E. Rattley, 28, Brooklyn, appeared in county court to argue a motion to defend himself at all future court proceedings, claiming Chenango County Public Defender John Cameron’s workload would prevent him from putting forth the effort to represent Rattley.
Rattley was indicted by a Chenango County grand jury in October on charges of third degree criminal possession of a controlled substance, a class B felony; and fifth degree criminal possession of a controlled substance, a class D felony.
It’s alleged that Rattley, in August of 2012 in the City of Norwich, did knowingly and unlawfully possess – with the intent to sell – 21 glassine envelopes containing the narcotic heroin, as well as four plastic wraps containing the narcotic cocaine, with an aggregate weight of .65 grams. Rattley is also facing a second indictment in Chenango County after being charged in late October with two additional counts of third degree criminal possession of a controlled substance. According to Chenango County First Assistant District Attorney Stephen Dunshee, Rattley, who had posted bail following his original arraignment, failed to appear in court and was arrested a second time, again found to be in possession of heroin and other illegal substances not disclosed by police.
Acting Chenango County Court Judge Julie A. Campbell said she “couldn’t imagine” why, with the seriousness of the charges brought against him, Rattley would want to proceed without counsel.
“Have you ever heard the saying, ‘An individual that represents himself has a fool for a client,’?” asked Campbell, to which Rattley replied, “Sounds like something a lawyer made up.”
Campbell responded that the saying actually states, “A lawyer that represents himself has a fool for a client.”
As a potential persistent felon due to his criminal history, Rattley could be facing two life sentences in state prison if convicted on both criminal possession indictments. He was returned to the Chenango County Correctional Facility on $500,000 cash bail and will re-appear in court at a later date.
• Delos J. Holmes, 36, Norwich, pleaded guilty to one count of first degree criminal sex act, a class B felony, and is expected to be sentenced to ten years in state prison with six years post release supervision.
Holmes was indicted by a Chenango County grand jury in November on two counts of the class B felony, in addition to two counts of first degree incest, also a class B felony; one count of second degree rape, a class D felony; and two counts of endangering the welfare of a child, a class A misdemeanor. According to his indictment, Holmes, during the month of May 2010 in the Town of Plymouth, engaged in sexual conduct with a person less than 11 years old, committing the crime of rape or criminal sexual act against a person whom he knew to be related to him. The second degree rape charge stemmed from allegations that Holmes had sexual intercourse with a female relative under the age of 15.
Holmes was returned to the Chenango County Correctional Facility on $100,000 cash bail and will re-appear in court at a later date.
• Kenneth E. T. Oefelein, 22, Afton, was sentenced to one year at the Chenango County Correctional Facility, with credit for time served, after pleading guilty to one count of failure to register as a sex offender, a class E felony.
Oefelein was indicted by a Chenango County grand jury in August, accused of failing to register with the Division of Criminal Justice Services within ten days of changing his address. It was alleged that Oefelein, in March of 2012, moved from 97 Briarwood Circle, Goosecreek, SC, to 441 Beebe Road, Coventry, and as of June 13 had not registered with the Sex Offender Unit, over the ten days required to do so.
Oefelein was ordered to report to the Chenango County Correctional Facility at 9 a.m. Dec. 26.
• Daniel F. McEwan Jr., 25, Guilford, pleaded guilty to third degree burglary, a class D felony, and is expected to be sentenced to one to three years in state prison at his next court appearance.
Indicted on three counts of second degree burglary, a class C felony, and three counts of petit larceny, a class A misdemeanor, in August, it was alleged that McEwan, on three separate occasions and in concert with another, knowingly entered and unlawfully remained at three locations in the towns of Bainbridge and Guilford, stealing multiple pieces of jewelry, documents and an Amazon Kindle.
McEwan was returned to the Chenango County Correctional Facility and will re-appear in court at a later date.
• Robert K. Robertson III, 25, Coventry, was sentenced to six months at the Chenango County Correctional Facility – with credit for time served – followed by five years probation, and must pay restitution in the amount of $5,881.34 after pleading guilty to one count of third degree grand larceny, a class D felony.
Indicted by a Chenango County grand jury in September, it was alleged that Robertson, in July and August of 2012, did steal property in excess of $3,000, withdrawing approximately $3,800 from another individual’s bank account in the Village of Greene. He was also accused of forging a signature on a personal check belonging to that same individual and – in August – withdrawing additional funds from the victim’s band account after stealing a credit/debit card.
• Wayne E. Church, 30, of Norwich, was sentenced to two years in state prison – with credit for time served – and five years post release supervision after pleading guilty to one count of third degree criminal sexual act, a class E felony.
It was alleged that Church, in March and August of 2012, did unlawfully engage in criminal sexual behavior with a person less than 17 years old. Church is a predicate felon, convicted of second degree assault in May of 2007.
• James F. Amatuccio, 35, Unadilla, was sentenced to three and a half years in state prison – with credit for time served – and two and a half years post release supervision after pleading guilty to one count of second degree burglary, a class C felony. The sentence will run concurrent with others handed down by Otsego and Delaware counties.
Amatuccio was indicted by a Chenango County grand jury in August, charged with three counts of second degree burglary, a class C felony, and three counts of petit larceny, a class A misdemeanor. It was alleged that Amatuccio, on three separate occasions and in concert with another, knowingly entered and unlawfully remained at three locations in the towns of Bainbridge and Guilford, stealing multiple pieces of jewelry, documents and an Amazon Kindle.
• Edward M. Arenth, 24, Oxford, pleaded guilty to one count of first degree rape, a class B felony, and is expected to be sentenced to five years in state prison with six years post release supervision, and must also register as a sex offender.
Indicted by a Chenango County grand jury in October, it was alleged that Arenth, on or about Aug. 14 in the Town of Norwich, engaged in sexual intercourse with a female by forcible compulsion, holding the victim down after being told to stop. He is also accused of forcing sexual contact on that individual.
Arenth was released on his own recognizance pending his sentencing and could face up to 25 years in state prison, with 20 years post release supervision, if he were to violate the terms and/or conditions of his release. He will re-appear in court at a later date.