Judge shocked man charged with child rape remains out of jail

NORWICH – A Norwich man charged with the rape of a child appeared in court on Friday without any bail assigned in his case, a fact Chenango County Court Judge Frank Revior Jr. said "shocked," him.

Jamie L. Whitmore, Jr., 23, of Norwich was indicted for first-degree rape, a class B felony, first-degree criminal sexual act, a class B felony, second-degree sexual abuse, a class A misdemeanor, and endangering the welfare of a child, a class A misdemeanor. In court is was also revealed the victim was now suffering from the contraction of a sexually transmitted disease.

According to his indictment, on August 23, in the City of Norwich, Whitmore is accused of having sexual intercourse with a six-year-old victim.

"There must be some factors that I'm not aware of," said Revoir over the defendant's release. "I'm shocked they just ROR'ed you."

Whitmore was originally remanded on $25,000 cash bail by the Norwich City Court, with District Attorney Michael Ferrarese saying bail was needed to ensure he appeared at future court dates. “The defendant faces 25 years in state prison,” said Ferrarese. “He poses a serious flight risk, and the people would ask that bail remain the same to ensure he appears at future court dates.”

However, 11 days later, on December 31, 2018 Whitmore was released on his own recognizance (ROR) as part of an agreement with the DA so the office could avoid producing evidence in the case.

Whitmore was released after his defense attorney demanded evidence in the case be produce. Instead of offering evidence in court Ferrarese agreed to the release the defendant, saying his only option at the time was to call the victim to testify.

On Friday, Assistant District Attorney James Snashall advocated for $25,000 bail in Chenango County Court before Defense Attorney Jonathan Becker reminded him of the terms of his client's release.

"We would consent to the ROR your honor, with the understanding that there are continuing ATI conditions," said Snashall.

Chenango County Judge Frank Revoir Jr., spoke on bail and said he was surprised there wasn't any bail set in this case due to the seriousness of the charges.

He added that because the lower court and attorneys on both sides accepted the arrangement, the county court would allow it to continue.

"I'll continue your release," said Revoir.

Towards the end of the court appearance, Becker said the court ordered a test be done on the victim and Whitmore checking for sexually transmitted diseases.

"The victim tested positive for a sexually transmitted disease," said Becker. "My client did not test positive for that disease."

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