NORWICH – Following just over an hour of deliberation, a Chenango County jury returned with a guilty verdict in the trial of 24-year-old Tommy L. Kessinger Sr. Wednesday, for sexual abuse and endangering the welfare of a four-year-old child.
In April of last year, Kessinger was indicted on charges of first degree sexual abuse, a class D felony, and endangering the welfare of a child, an A misdemeanor, accused of having inappropriate sexual contact with the four-year-old boy while dressing the child following his bath. The incident – which took place in early February of 2011 in the Village of Smyrna – was alleged to have occurred while Kessinger and his girlfriend, Sonya Wilson, were babysitting the child while living with the boy’s parents, Ashley Miller and Robert Wilson.
Kessinger could face up to seven years in state prison when sentenced.
Chenango County Sheriff’s Detective Kevin J. Powell was the sole witness during Wednesday’s testimony, and described in detail Kessinger’s March 17 interview at the Sheriff’s Office. According to Powell, the defendant not only waived his Miranda Rights, but admitted to the crime a total of 16 times over the course of the approximately 39-minute interview.
Portions of the interview were played for the members of the jury via a digital recording, the only piece of physical evidence offered by the prosecution in its case against Kessinger.
A motion by the defense to dismiss the charges against Kessinger on the grounds that the prosecution had failed to meet the burden of proof was subsequently denied by Judge W. Howard Sullivan, after First Assistant District Attorney Stephen Dunshee pointed out the duration of the incident – approximately 20 minutes – and the fact that Kessinger, during questioning, admitted he only stopped when he realized what he was doing was wrong.