NORWICH — Convicted sex offender, Richard D. Downey, was charged with violation of probation and appeared before Judge Frank B. Revoir in Chenango County Court on Oct. 27.
Downey did not have a lawyer, but he had an application for a public defender with him. Revoir had public defender John D. Cameron stand in as his lawyer for the court appearance.
Downey was convicted of two sex offender charges, one in 2006 and another in 2008. He was sentenced to 10 years of probation.
“Judge, I request that the defendant be remanded without bail. He has committed two serious sex offenses. He was looking at pornography of young teenage victims on his phone, which is in violation of his probation,” said District Attorney Joseph A. McBride.
Cameron told Revoir that Downey has a heart condition and is on as-needed medication because of it. He said Downey's health may be an issue with regards to remanding him.
“I see here that there are very serious allegations against him. Although they are allegations, they are ongoing,” Revoir said.
McBride said Downey was charged with sexual performance of a child and sexual abuse of a child. “He was designated as a level three,” McBride said.
McBride also said the reason Downey did not go to prison was because of his age. Downey is currently in his 70's.
Revoir remanded Downey without bail.
After Downey was put in handcuffs by the court officer, he said to family members, “I want a different lawyer” as he was escorted out of the court room.
A conference will be held in Nov. to discuss Downey's case.
A Coventry man accused of burglary and man accused of violating stay-away orders appeared in Chenango County Court before Revoir on Monday, Nov. 3.
• Justin L. Brownell, 23, Coventry, was remanded by the Town of Coventry Court for the Class C felony of burglary in the second degree and other lower charges. The local judge did not set bail.
Public defender John Cameron requested that Revoir set bail for his client.
First Assistant District Attorney Michael D. Ferrarese requested bail be set in the amount of $5,000.
“He knows he will be indicted and he is facing a maximum of 15 years. He poses a flight risk because he knows what’s in front of him,” Ferrarese said to Revoir.
“Your honor, just because you have a felony, does not mean you pose a flight risk,” Cameron said.
Cameron also said Brownell was convicted of petit larceny against his mother and is currently working toward paying it off. Petit larceny is Brownell’s only other charge.
“He is a lifelong resident. His family is here. He plans on living with his grandmother when he gets out,” Cameron said. He also said Brownell is the father of an infant, who lives with the mother in Chenango County.
Brownell said he was working toward getting a job through staffing agencies. He said he wants to be employed.
Ferrarese said the alleged victim of burglary had a daughter Brownell’s age and the two knew each other. “The victims were out of the country when the crime occurred,” Ferrarese said.
Revoir remanded Brownell on a $5,000 cash bail and $15,000 bond.
He is to appear in court at a later date.
• Aaron M. Kelsey was charged with the Class E felony of criminal contempt in the first degree and the Class A misdemeanor of criminal contempt in the second degree for violating two stay away orders.
Cameron requested his client be released to the Alternative to Incarceration program (ATF).
Ferrarese said the people do not object to Kelsey being released to the Alternative to Incarceration program. He requested a full stay-away order for the victim.
“[My client] has issues with substance abuse and is willing to do whatever he can to resolve them,” Cameron said “He has been communicating with the victim and it appears she wants to help.”
Cameron requested that the protection order be continued as B order to allow contact between Kelsey and his former girlfriend.
“My concern is he will engage in the same behavior,” Ferrarese said. “They have a child together. Given the gravity of the factual allegations by the victim, I think a full stay-away order is appropriate.”
Kelsey had a protection order out of Coventry and Utica. He was remanded on a $5,000 cash bail and $10,000 bond for criminal contempt in the first degree for violating the protection order out of Utica. He has been incarcerated for 132 days.
“I was disinclined to release you, but since you have been in jail for some time, I will release you with some conditions,” Revoir said.
Revoir said the reason he was disinclined to release Kelsey was because he had been ordered to stay away from his girlfriend on two separate occasions, and did not stay away both times.
“You are not allowed to move in with the woman while this matter is pending,” Revoir said. He also said Kelsey was to report to ATI, not leave the state, and not drink or use drugs.
Revoir released Kelsey on his own recognizance. The order of protection for Kelsey’s girlfriend was continued as a B stay-away order.
Kelsey is to appear in court at a later date.