Friday, July 26, 2013
 

 

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Saratoga County man guilty of child sexual assault; defendant still faces additional charges including rape

BALLSTON SPA – Following a non-jury trial in Saratoga County Court, a Greenfield Center man was found guilty of sexual crimes involving two children.  Brian Allen, 49, of 34 Hemlock Drive, Greenfield Center, will be tried later on several additional charges, including rape.

Allen, was convicted after a bench trial before Saratoga County Court Judge Jerry Scarano of one count of criminal sexual act in the second degree, a violent felony, and one count of endangering the welfare of a child, a misdemeanor for actions committed by the defendant in February 2012. 

Additionally, Judge Scarano scheduled a trial for August 19, for the remaining 46 counts of the original indictment, which were severed because there were two separate victims and time periods involved.  Those charges included allegations of rape in the second and third degrees, and counts of criminal sexual act in the second and third degrees.

After the defendant was placed in custody, his attorney approached the prosecuting assistant district attorneys asking to discuss possible resolution of the remaining charges set for trial on August 19, 2013.  The defendant then plead guilty to an additional count of Criminal Sexual Act in the Second Degree, an act involving a second victim. 

It is anticipated that on September 19, the defendant will be sentenced to three years incarceration in a state correctional facility for each of the two counts of criminal sexual act in the second degree.  Those sentences are expected to run concurrently.  The defendant faces up to one year incarceration on the endangering the welfare of a child conviction, which will run concurrent with the4 other sentence.   

Lead prosecutor Assistant District Attorneys Jennifer Buckley commended the strength and courage of the victims over the last 17 months.  In this trial, one of the victims testified for almost two hours recounting the troubling things that happened to her at the defendant's residence. 

"She is incredibly brave for taking the witness stand and confronting the defendant," Buckley said.