Issues with evidence lead to a dismissed sex offender case
NORWICH – A man who had been accused of child sex crimes is off the hook after charges against him were dismissed by a judge’s order last month.
Judge James E. Downey was the presiding Judge on the matter.
According to a release from the man’s attorney, an application was made by the Chenango County District Attorney’s Office by letter dated July 8, 2015 to dismiss the indictment.
William J. Quigley, of Sidney, was originally charged with three counts of criminal sexual act in the first degree, a class B felony; course of sexual conduct against a child in the first degree, a class B felony; three counts of a criminal sexual act in the second degree, a class D felony; and two counts of endangering the welfare of a child, a class A misdemeanor.
It was alleged that during the months of September through November in 2006, at 3554 state Highway 12 in the Town of Oxford, Quigley performed oral sex on a male child approximately 10 years of age on more than one occasion.
It was also alleged that during the same time frame, at a private residence on Cathleen Street in Oxford, Quigley performed oral sex on another male victim less than 15 years of age on more than one occasion.
Quigley’s attorney, Benjamin Bergman, said his client was indicted and motions were filed to dismiss certain charges contained on the indictment. Bergman said the course of sexual conduct with a child charge was dismissed, as well as charges for endangering the welfare of a child.
“Then we had a trial date scheduled and before that, the DA re-presented to the grand jury,” said Bergman, adding that the endangering charges were dropped because of the statute of limitations.
“It was dismissed over a problem with the evidence on my motion,” said Chenango County District Attorney Joseph McBride. “So the people know, I can't prosecute a case if I can't prove the evidence without a reasonable doubt. And as I said, some issues came up with the evidence, so it was dismissed.”
Bergman said Quigley is now “free and clear.”
“He [Quigley] is obviously overwhelmed because he was facing up to 40 years in state prison,” said Bergman. “To say that it is a weight off our shoulders is an understatement. We’re obviously thrilled. We think it was the right decision at the end of the day, and he can try to get his life back on track.”
Judge James E. Downey was the presiding Judge on the matter.
According to a release from the man’s attorney, an application was made by the Chenango County District Attorney’s Office by letter dated July 8, 2015 to dismiss the indictment.
William J. Quigley, of Sidney, was originally charged with three counts of criminal sexual act in the first degree, a class B felony; course of sexual conduct against a child in the first degree, a class B felony; three counts of a criminal sexual act in the second degree, a class D felony; and two counts of endangering the welfare of a child, a class A misdemeanor.
It was alleged that during the months of September through November in 2006, at 3554 state Highway 12 in the Town of Oxford, Quigley performed oral sex on a male child approximately 10 years of age on more than one occasion.
It was also alleged that during the same time frame, at a private residence on Cathleen Street in Oxford, Quigley performed oral sex on another male victim less than 15 years of age on more than one occasion.
Quigley’s attorney, Benjamin Bergman, said his client was indicted and motions were filed to dismiss certain charges contained on the indictment. Bergman said the course of sexual conduct with a child charge was dismissed, as well as charges for endangering the welfare of a child.
“Then we had a trial date scheduled and before that, the DA re-presented to the grand jury,” said Bergman, adding that the endangering charges were dropped because of the statute of limitations.
“It was dismissed over a problem with the evidence on my motion,” said Chenango County District Attorney Joseph McBride. “So the people know, I can't prosecute a case if I can't prove the evidence without a reasonable doubt. And as I said, some issues came up with the evidence, so it was dismissed.”
Bergman said Quigley is now “free and clear.”
“He [Quigley] is obviously overwhelmed because he was facing up to 40 years in state prison,” said Bergman. “To say that it is a weight off our shoulders is an understatement. We’re obviously thrilled. We think it was the right decision at the end of the day, and he can try to get his life back on track.”
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