Press-Republican

Local News

Discussion

PLEASE NOTE: There is a 150 word maximum for comments. All comments greater than 150 words in length will be deleted in their entirety.

ALSO NOTE: Derisive name-calling of an individual or group will result in the entire comment being deleted. This includes the terms "stupid" and "idiot" and similar references.

Welcome to our new online comments feature. Before you can join the discussion, you must first register with Disqus and verify your email address.

Once you do, your comments will post after they have been reviewed by a moderator.

We welcome your thoughts and your opinions, including unpopular ones. We ask only that you keep the conversation civil and clean.

Not all comments are deemed printable. Some are disqualified, at the newspaper’s discretion, for a number of reasons. Here are some typical practices to avoid in trying to get your comment printed:

There is a 150 word maximum for comments. All comments greater than 150 words in length will be deleted in their entirety.

Don’t state as a fact something that is unsubstantiated or that our editors wouldn't know to be true.

Don’t presume someone’s guilt in a case when it hasn't been established by a court.

Don’t assail or impugn an identifiable individual or group. If you have that kind of criticism, sign your name and submit it as a Letter to the Editor. (There is some leeway on this in connection with public officials, but it is not unconditional.)

Don’t use profanity. This includes the term “tea bagger.”

Don’t be incendiary or tasteless. Those qualities are subjective, of course, and our editors will be the arbiters.

Do not identify yourself in the main content area of the article content form. Only by enforcing this rule can the moderators prevent unscrupulous commenters from falsely identifying themselves as someone they are not.

Don't type in all caps. It is considered the Internet equivalent of shouting.

In sports articles, do not criticize officiating.

Remember, moderators are not allowed to edit any article comments. If an article comment fails any of the above criteria, the entire comment will be deleted.

We monitor comments Monday - Friday, 8 a.m. to 8 p.m. Saturday and Sunday, 2 p.m. to 8 p.m. Approval of comments outside these times may be delayed.
comments powered by Disqus
November 18, 2009

Sex-abuse conviction affirmed

By SUE BOTSFORD

PLATTSBURGH — The conviction of a man who sexually assaulted a child over six years has been substantially upheld by a state appeals court.

Jason Beauharnois, 32, was convicted in April 2008 in State Supreme Court in Clinton County of first-degree sexual abuse, first-degree course of sexual conduct against a child, predatory sexual assault against a child and endangering the welfare of a child.

He was sentenced to 32 years to life in prison.

The Appellate Division of the State Supreme Court upheld all the convictions except first-degree course of sexual conduct against a child, saying it was a lesser and included charge of predatory sexual assault against a child.

According to the ruling by an appeals court, the sexual assaults, including touching and sodomy, happened from the time the victim was 6 until he was 12 and revealed the abuse to a friend.

Beauharnois, who was employed at the Department of Homeland Security in Burlington when he was charged, contended in his appeal that his convictions were against the weight of evidence, due largely to the victim’s credibility.

The victim testified that between March and May 2002 the abuse began, describing in detail what had occurred. He testified that when he was 9, the abuse escalated to sodomy.

He described in considerable detail the activities that took place almost weekly, including the rooms where the abuse happened and the days of the week when he was abused.

The justices said it has long recognized that “it is not uncommon for young children to be uncertain and even inconsistent in their trial testimony.” But, they noted, the victim clearly and consistently testified about the abuse he was subjected to over about six years.

“We cannot say that his trial testimony was utterly incredible or inherently unbelievable,” the court wrote, adding that the boy underwent extensive cross-examination about inconsistencies.

Therefore, the court found no reason to disturb the jury’s resolution of the credibility issue in favor of the victim.

There was also testimony from the victim’s pediatrician, who had examined the victim within two weeks of the last alleged assault and said he found signs the victim had been sodomized repeatedly and forcibly over a long period of time.

The court therefore found the verdict on each count was consistent with the weight of credible evidence.

Beauharnois also challenged his sentence as being harsh and excessive.

The fact that a sentence handed down after a trial is greater than that offered in a plea agreement is not proof the person is being punished for asking for a trial, the appeals court said.

The justices said they did not find the sentences were an abuse of discretion and would not change them.

According to Department of Corrections records, Beauharnois is serving his time at Elmira Correctional Facility in Chemung County. He will first see the Parole Board in November 2038.



E-mail Sue Botsford:

botsford@westelcom.com

Text Only | Photo Reprints
Local News

Recent Article Comments
Albany Round-up

Photo of the Day
Strange News
Videos: Editor Picks
Obama Scraps Birth Control Mandate US Airmen's Killer Sentenced to Life in Germany Navy Names Ship for Gabrielle Giffords Raw Video: Deadly Blasts in Syria Romney Slams President Obama at CPAC Gingrich: Pres. Obama 'waging War on Religion' 5 Killed in Wrong-way Crash on I-10 in La. Uzbek Man Pleads Guilty in Plot to Kill Obama Denver's Largest-Ever Drug Bust Nets Dozens Marines: No Punishment for Nazi-like Flag Vets Look to Translate Military Skills Into Jobs Raw Video: School Bus Burst Into Flames LA School Reopens Amid Sex Abuse Scandal $25B Settlement Reached Over Foreclosure Abuses Pentagon: Allow Women Closer to Front Lines LA School in Sex Abuse Scandal Reopens Raw Video: Italy's Mount Etna Bursts Into Life Greeks March; Angry Despite Debt Deal Air Force Airlines: Leaders Get Polished Service Ga Girl Fights Off Kidnapper at Walmart