NORWICH – After hearing the testimony of four witnesses, Judge Kevin M. Dowd immediately returned a verdict of not guilty in the case of a Preston man accused of a molesting a 3-year-old.
Douglas W. Jones was found not guilty of the two counts against him: felony first degree sexual abuse and endangering the welfare of a child, a misdemeanor.
In his opening remarks during the four and a half hour bench trial in Chenango County Supreme Court Wednesday, Defense Attorney Frank B. Revoir Jr. told the judge, “This entire case is one woman saying ‘I saw this.’ The whole family was there in the room when the alleged incident took place and it’s just absurd that a man could be brought to trial for this.”
By the end of the trial, Dowd agreed and after first hearing First Assistant District Attorney Stephen M. Dunshee present the prosecution’s arguments, he delivered his verdict within moments of hearing the defense rest.
“Let me just say I totally disagree with your assessment of the evidence, Mr. Dunshee. I have sat here and listened to this. It’s been a short trial. This is scary. This is very, very scary to me, that this has gotten this far,” said the judge. “I don’t think this is a close case. I think there’s been a total failure of proof relative to the sex abuse first degree. I find him not guilty on that. I find a total failure of proof on endangering the welfare of a child, and I find you (Jones) not guilty on that.”
In his opening remarks, Dunshee claimed Jones had molested a 3-year-old child suffering from a development disorder on Aug. 23, 2008 in the Town of Preston. The alleged victim was said to have been on a couch as she slept on Jones’ lap in the family’s living room.
The alleged victim’s father was asleep in a recliner a few feet away and two other relatives were also at a computer desk just behind the couch with their backs turned from Jones when he allegedly began touching the child inappropriately.
At that time, the prosecution claims the only witness to the alleged crime, 26-year-old Amanda L. Shaver, turned her attention from the computer screen to her stepfather, Jones, and caught him in the alleged act.
“I freaked out,” said Shaver on the stand. Shaver said she “jousted” Jones on the shoulder and then asked him, “What the hell are you doing?”
At that time, family members in the room and in the nearby area were aroused by the commotion and displayed a mixed reaction of confusion, disbelief and anger.
Shaver’s sister, Jessica Belk, who was sitting next to her at the computer, also took to the stand, but contradicted her sibling’s testimony.
Belk gave testimony that was allegedly in contradiction to what New York State Police Investigator Jason Besset said she’d given police a year earlier. He said Belk told police then she did not directly witness the event.
Dunshee responded sternly to the new development in court.
