AUBURN - A 22-year-old woman was denied leniency in Cayuga County Court Tuesday when she was sentenced to six months in the county jail and 10 years of probation for the statutory rape of a 14-year-old boy.
Dennis Sedor, the attorney for Lisa Curcie, of 8 Paul St., lower apartment, Auburn, said that due to the small age difference between his client and the victim, his client's chronic depression and the fact that she takes care of two children, Curcie should receive a lenient sentence.
While six months in jail with 10 years of probation has been the traditional sentence for statutory rape, Sedor said he believed home-bound detention or straight probation would be appropriate.
“Certainly the youngster is a victim, but I think my client is too,” Sedor said. “There are two victims in this case.”
Cayuga County District Attorney Jon Budelmann said Curcie pursued a sexual relationship with the child after she was taken in by his family when she had no place to live.
When the victim's father found out about the relationship, Curcie was kicked out of the house.
When she pleaded guilty on Oct. 28 to felony rape and misdemeanor sexual abuse, Curcie admitted that after she was kicked out, she continued to meet the boy behind Tops on West Genesee Street to engage in intercourse during the summer of 2007.
When given a chance to address the court, Curcie cried as she apologized for her actions.
“I just want to say that I am sorry for what I have done and that I have two children I have to take care of,” Curcie said. “I promise it will never happen again.”
Curcie currently has joint custody of her 5-year-old daughter with her ex-boyfriend, and is taking care of a 5-month-old boy.
No paternity test has been conducted to determine who the boy's father is.
Fandrich said that while he was mindful of Curcie's parental obligations, he would not impose a lesser sentence.
“The crime here in respect to you having sexual relations when you were 21 and the victim was 14 or 15 (years old) cannot go unpunished,” Fandrich said.
“For some reason, and I don't know why, we've had a rash of these crimes come before the court.”
Also in court:
#&149; An Auburn woman was sentenced to six months in jail with five years of probation for selling drugs to support her own addiction.
Susan Vernon, 47, of 16 Venice St., Auburn, said she was sorry for selling drugs and that she had enrolled in recovery counseling after she was arrested because her addiction was destroying her life.
While Vernon had previously been convicted of four counts of petit larceny, one count of issuing a bad check and driving while ability impaired, all misdemeanors, this is her first felony drug conviction, Budelmann said.
#&149; A Fulton man pleaded not guilty to charges that he sexually abused a 10-year-old girl in 2004.
Joseph Maloof, 58, of 1100 Emery St., is charged with first-degree criminal sex act and two counts of first-degree sex abuse, all felonies and one count of misdemeanor endangering the welfare of a child.
Bail was set at $5,000 cash or $10,000 bond.
#&149; Keith Klein, 38, of 4 Mary St., Auburn, will be enrolled in a drug treatment program as part of his two to four year parole supervision sentence for felony criminal mischief and misdemeanor assault.
#&149; Dewitt Oliver Sr., 41, of 144 Wall St., Auburn, was sentenced to 1.5 to three years in prison for two counts of felony criminal contempt.
Staff writer Nate Robson can be reached at 253-5311 ext. 248 or nathan.robson@lee.net
While six months in jail with 10 years of probation has been the traditional sentence for statutory rape, Sedor said he believed home-bound detention or straight probation would be appropriate.
“Certainly the youngster is a victim, but I think my client is too,” Sedor said. “There are two victims in this case.”
Cayuga County District Attorney Jon Budelmann said Curcie pursued a sexual relationship with the child after she was taken in by his family when she had no place to live.
When the victim's father found out about the relationship, Curcie was kicked out of the house.
When she pleaded guilty on Oct. 28 to felony rape and misdemeanor sexual abuse, Curcie admitted that after she was kicked out, she continued to meet the boy behind Tops on West Genesee Street to engage in intercourse during the summer of 2007.
When given a chance to address the court, Curcie cried as she apologized for her actions.
“I just want to say that I am sorry for what I have done and that I have two children I have to take care of,” Curcie said. “I promise it will never happen again.”
Curcie currently has joint custody of her 5-year-old daughter with her ex-boyfriend, and is taking care of a 5-month-old boy.
No paternity test has been conducted to determine who the boy's father is.
Fandrich said that while he was mindful of Curcie's parental obligations, he would not impose a lesser sentence.
“The crime here in respect to you having sexual relations when you were 21 and the victim was 14 or 15 (years old) cannot go unpunished,” Fandrich said.
“For some reason, and I don't know why, we've had a rash of these crimes come before the court.”
Also in court:
#&149; An Auburn woman was sentenced to six months in jail with five years of probation for selling drugs to support her own addiction.
Susan Vernon, 47, of 16 Venice St., Auburn, said she was sorry for selling drugs and that she had enrolled in recovery counseling after she was arrested because her addiction was destroying her life.
While Vernon had previously been convicted of four counts of petit larceny, one count of issuing a bad check and driving while ability impaired, all misdemeanors, this is her first felony drug conviction, Budelmann said.
#&149; A Fulton man pleaded not guilty to charges that he sexually abused a 10-year-old girl in 2004.
Joseph Maloof, 58, of 1100 Emery St., is charged with first-degree criminal sex act and two counts of first-degree sex abuse, all felonies and one count of misdemeanor endangering the welfare of a child.
Bail was set at $5,000 cash or $10,000 bond.
#&149; Keith Klein, 38, of 4 Mary St., Auburn, will be enrolled in a drug treatment program as part of his two to four year parole supervision sentence for felony criminal mischief and misdemeanor assault.
#&149; Dewitt Oliver Sr., 41, of 144 Wall St., Auburn, was sentenced to 1.5 to three years in prison for two counts of felony criminal contempt.
Staff writer Nate Robson can be reached at 253-5311 ext. 248 or nathan.robson@lee.net
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