Sex-abuse conviction affirmed

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November 18, 2009

By SUE BOTSFORD The Press Republican Wed Nov 18, 2009, 09:51 AM EST

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