Man declared fit to face sex charges

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December 9, 2009

Evaluator says status has changed, court is told

By DENISE A. RAYMO The Press Republican Wed Dec 09, 2009, 10:28 PM EST

MALONE — A Malone man was deemed fit to proceed in the case against him about a year after he was accused of performing sex acts with a boy, a girl and a dog.

Joseph P. Bombard, 21, of 124 Lower Park St. was arraigned through a Superior Court Information, rather than a formal grand-jury indictment, on charges of second-degree criminal sex act, sexual misconduct, two counts of endangering the welfare of a child and another felony involving sexual contact with a child.

Bombard pleaded not guilty this week before Acting County Court Judge Penelope Clute and was sent back to County Jail, where he has been held without bail since May 15.

The incidents reportedly occurred in December 2007 and involved a 14-year-old boy, a 12-year-old girl and a dog.

He was arrested May 21, 2008, and sent downstate for evaluation, said District Attorney Derek Champagne.

Bombard was seen at the Mid-Hudson Forensic Center near Troy and, after four months, determined unfit to stand trial in October 2008.

But in May of this year, Mid-Hudson officials notified the DA's Office that Bombard's status had changed, and he is now fit to proceed with the court case, Champagne said.

He was returned to Franklin County because "it is the county's responsibility to continue with the case," the DA said.

The next step is to await a pre-plea report to be compiled by the Probation Department, which will help the judge, the DA and the Public Defender's Office find a resolution to the case.

"The pre-sentencing, pre-plea report is important to all of us to keep him and the community safe," Champagne said.

The report is to be submitted within a few weeks, and the case was adjourned to Feb. 11.

Temporary orders of protection were issued for the alleged victims.

E-mail Denise A. Raymo at: draymo@pressrepublican.com