Jury convicts man after two days of deliberation for violent sex offense in Wilton
Release Date: July 26, 2011
Jury convicts man after day 2 of deliberations for violent sex abuse crime in Saratoga County
Saratoga County District Attorney James A. Murphy, III announced today that David Myers III, of 75 Coleman Avenue, Hudson Falls, NY (date of birth 8-1-81) was found guilty by a jury verdict today in Saratoga County Court of Sexual Abuse in the First Degree and Criminal Contempt in the Second Degree as Class "D" violent Felony and an A Misdemeanor respectively. The jury made up of 10 men and 2 women had deliberated since 11:30 AM on Monday, July 25, 2011. The jury found that the defendant masturbated and ejaculated upon the back of the victim who was sleeping in her own bedroom. The victim was known to the defendant. She awoke to him wiping the semen off her back. He retreated thinking he had not been seen and she immediately reported the criminal act to her husband and then to the authorities.
The New York State Police BCI in Wilton investigated the case and Inv. William Shea was the lead investigator. Two forensic scientists testified that the defendants DNA was found on the victim’s back, anal area, and perianal area.
Nichole Santiago , a sexual assault nurse examiner (SANE) from Saratoga Hospital testified regarding collection of evidence and the rape kit.
The defendant initially confessed to police that he had in fact committed the crime but later testified under oath that he and the victim were having a sexual relationship and the act was consensual. Other than the testimony of the defendant, there was no additional proof supporting the defendant’s claim.
The Sex Abuse 1st occurred on August 8th, 2010 and the Criminal Contempt occurred on October 5th, 2010 both in the Town of Wilton. The Contempt related to the defendant leaving a note on the victim’s front door, which violated the court’s order directing the defendant have no contact with the victim.
Presiding Judge Jerry J. Scarano permitted the defendant to remain free on a $10,000 bond and the order of protection remains in place until December 31, 2011. Sentencing is scheduled for September 22, 2011 at 11:00 AM.
DA Murphy said “I applaud the work of the jury. Sex crimes are always difficult because there are rarely if ever witnesses other than just the defendant and the victim. The jury saw through the façade the defendant fabricated to deceive everyone.”
Assistant District Attorneys Jennifer Buckley and Debra A. Kaelin prosecuted the case. Assistant DA Jennifer Buckley said “I am so proud of the victim for having the courage to get on the stand and face the defendant in court. Sex crimes are very difficult and the jury did a good job carefully considering the evidence and the facts on a difficult case.”
Hon. James A. Murphy, III
Saratoga County District Attorney
Director and Past Chairperson,
NYS District Attorney's Association
25 West High Street
Ballston Spa, New York 12020
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