Attempted rapist risk assessed; alleged drug offender arraigned
NORWICH – Chenango County Court Judge Frank B. Revoir, Jr. held a risk assessment hearing and an arraignment at Chenango County Court on Dec. 2. An attempted rapist was given a level of risk before being released next year and a man accused of three drug charges was arraigned.
• Zachary A. Miller, 24, Norwich, was convicted of attempted rape on Sept. 23, 2011. Miller was incarcerated in prison following his conviction.
Miller was 21 years old when he was originally charged with rape in the first degree, criminal sexual act in the first degree, sexual conduct against a child, possession of a sexual performance by a child and endangering the welfare of a child.
It was alleged that Miller had an ongoing sexual relationship with a female child. The Chenango County Sheriff’s office said that Miller was engaging in sexual intercourse with a child less than 13 years of age and that it occurred on several occasions over the course of several months.
Miller was also found to be in possession of pornographic images of the child victim at the time of his arrest.
The risk assessment and case summary recommended that Miller be a risk level two. Zachary Wentworth, Miller’s lawyer, said he and his client do not object to the assignment of a risk level two.
Wentworth did say he and his client object to a statement in the risk assessment stating that Miller’s victim was “10 or less or 63 or more.” He said, “The reason this is in the assessment is because the victim mentioned things that happened when she was 8 years old, and she was 12 years old when he was arrested.”
District Attorney Joseph McBride responded to the defense’s objection and said, “It doesn’t mean they did not happen. The court can’t know how long ago the ongoing crime began, so it has to be considered.”
Judge Revoir assigned Miller with a level two risk status. He will be released in Jan. and be required to register as a sex offender. Miller currently does not have plans as to where he will be staying once he is released.
• Tafari J. Simmons, 20, Brooklyn, was charged with two counts of criminal possession of a controlled substance in the third degree and the class C felony of criminal possession of a controlled substance in the fourth degree.
Simmons pleaded not guilty to the alleged crimes. Judge Revoir read him his rights and his public defender, Zachary Wentworth, said he and his client plan to go to trial.
McBride said Simmons was not originally indicted, so he was released. He then was later indicted and Judge Revoir issued a warrant for Simmons.
“He was busted and picked up for a drug charge in Albany County, so they transferred him down here. He also has a minor trespassing charge out of Kings County. The defendant is not from this area and has a criminal record, so I would ask that bail be set at $50,000, Judge,” said McBride.
“Judge, we would ask for a lower, more reasonable amount. My client has two children and a mother down state. He cannot afford that amount,” said Wentworth.
Judge Revoir looked over Simmons’ file and said, “I issued a warrant for Mr. Simmons on Sept. 17. It took awhile to find him, Mr. Wentworth. It wasn’t until he was arrested in Albany and transferred down here to be detained that we found him.”
Revoir set a $3,000 cash bail or $300,000 secure bond. Simmons will reappear in court at a later date.
• Zachary A. Miller, 24, Norwich, was convicted of attempted rape on Sept. 23, 2011. Miller was incarcerated in prison following his conviction.
Miller was 21 years old when he was originally charged with rape in the first degree, criminal sexual act in the first degree, sexual conduct against a child, possession of a sexual performance by a child and endangering the welfare of a child.
It was alleged that Miller had an ongoing sexual relationship with a female child. The Chenango County Sheriff’s office said that Miller was engaging in sexual intercourse with a child less than 13 years of age and that it occurred on several occasions over the course of several months.
Miller was also found to be in possession of pornographic images of the child victim at the time of his arrest.
The risk assessment and case summary recommended that Miller be a risk level two. Zachary Wentworth, Miller’s lawyer, said he and his client do not object to the assignment of a risk level two.
Wentworth did say he and his client object to a statement in the risk assessment stating that Miller’s victim was “10 or less or 63 or more.” He said, “The reason this is in the assessment is because the victim mentioned things that happened when she was 8 years old, and she was 12 years old when he was arrested.”
District Attorney Joseph McBride responded to the defense’s objection and said, “It doesn’t mean they did not happen. The court can’t know how long ago the ongoing crime began, so it has to be considered.”
Judge Revoir assigned Miller with a level two risk status. He will be released in Jan. and be required to register as a sex offender. Miller currently does not have plans as to where he will be staying once he is released.
• Tafari J. Simmons, 20, Brooklyn, was charged with two counts of criminal possession of a controlled substance in the third degree and the class C felony of criminal possession of a controlled substance in the fourth degree.
Simmons pleaded not guilty to the alleged crimes. Judge Revoir read him his rights and his public defender, Zachary Wentworth, said he and his client plan to go to trial.
McBride said Simmons was not originally indicted, so he was released. He then was later indicted and Judge Revoir issued a warrant for Simmons.
“He was busted and picked up for a drug charge in Albany County, so they transferred him down here. He also has a minor trespassing charge out of Kings County. The defendant is not from this area and has a criminal record, so I would ask that bail be set at $50,000, Judge,” said McBride.
“Judge, we would ask for a lower, more reasonable amount. My client has two children and a mother down state. He cannot afford that amount,” said Wentworth.
Judge Revoir looked over Simmons’ file and said, “I issued a warrant for Mr. Simmons on Sept. 17. It took awhile to find him, Mr. Wentworth. It wasn’t until he was arrested in Albany and transferred down here to be detained that we found him.”
Revoir set a $3,000 cash bail or $300,000 secure bond. Simmons will reappear in court at a later date.
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