FLANDERS, NY — A Flanders man was found guilty Tuesday of trying to rape his niece, Suffolk County District Attorney Ray Tierney said.
The identity of the man, 33, is not being released to protect the identity of the child, the DA said.
Evidence at trial showed that on Dec. 19, 2021, the victim, who was nine at the time, was left sleeping at her home while her parents took the family dog to the vet, Tierney said.
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The girl's uncle rented a room in the same house where she and her family lived, Tierney said. While the girl's parents were outside the home, he entered the child's room and asked her if she wanted her back scratched, the DA said.
When the child responded that he did, the defendant led the victim to his bedroom and then
scratching her back briefly, he began sexually assaulting her, Tierney said.
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When the child's parents arrived home a short time later, she told them what her uncle had said
had done, the DA said.
They took their daughter to Peconic Bay Medical Center, where she underwent a medical examination for sexual assault, Tierney said. Her underwear was collected and tested, revealing the presence of the defendant's DNA, the DA said. He was then arrested by the Southampton Police Department, the DA said.
On Tuesday, he was found guilty of the following charges after a jury trial before Superior Court Judge Timothy P. Mazzei, Tierney said: Attempted rape in the first degree, a class C violent felony; sexual assault in the first degree, a class D violent felony; and endangering the welfare of a child, a misdemeanor.
He is due back in court for sentencing on Feb. 27 and faces up to 15 years in prison and 15 years of post-release supervision, the DA said. He is represented by Christian Killoran.
“We're obviously disappointed with the verdict,” Killoran said. “My client has maintained his innocence since he was charged. We felt the evidence supported his innocence and provided plenty of reasonable doubt. In any case, we hope the families affected can begin to heal from the cracks created by the deposition of categories.”
Tierney added: “This defendant took advantage of his young niece's innocence while her parents were momentarily out of the house. I thank the jury for the guilty verdict, which ensures that the defendant will be held to account for his heinous crime . We recognize the great difficulty that victims of sexual assault have in coming forward, especially minors, so my office is equipped with specially trained prosecutors, victim advocates and a dog dedicated to seeking justice in these cases.”
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