Bail and hearing set for man accused of rape

Son of Sam had a following and support system ... he was by no means Mr. Rogers! First offense, shame on you ... second offense, you did wrong and need to pay the price!

I do know this young man. Did he commit the crime in question? Innocent until proven guilty!!

The seriousness of the charge doesn't matter until the suspect is proven guilty. The fact that a judge said "seriousness of the crime" boggles my mind.

His first offense was completely different than this one. You cannot compare apples and oranges. He was about 15 or 16 when it happened. People change. It's been 5 years and he is doing very well for himself with a really good job. He even had a few promotions within that job. Don't forget many people lie. I hope that's the case. Also it said he's being accused. Accused means he's not necessarily guilty. I can accuse anyone of anything, but it doesn't mean they did it.

Peter,
Release on bail and the amount of the bail, considers the seriousness of the offense (eg: murder), past criminal history, likelihood of committing another crime while released and risk to flight.

......A Batavia man accused of forcible rape can get out of jail while he awaits further legal proceedings if he can raise $10,000 in either cash or bond......

"forcible rape" not to be confused with "polite rape"

(sarcasm)

Since it took days to arrest him I am going to assume there isn't much DNA evidence. So then it becomes a he said/she said. Seriousness of the alleged crime shouldn't matter if there is no evidence that she actually was raped. \

This is all assumption, you'd think that if it was someone she didn't know, then breaking and entering or criminal trespass would have been added to the list of charges.

With Murder you know a crime was committed because someone is dead. That isn't necessarily the case here.

"With Murder you know a crime was committed because someone is dead. That isn't necessarily the case here."

Good point. Maybe there should be some sort of forum where the evidence could be presented to find out. We could also have the police keep an eye on the accuser and accused before a decision is reached. Hmmmm

In all seriousness if the police think there was a possibility this guy did this then they should keep the rest of us safe. If he did not commit a crime I look forward to seeing what kind of punishment the women, in either criminal or civil court, for besmirching this guy and waisting precious resources of a small town.

"The seriousness of the charge doesn't matter until the suspect is proven guilty. The fact that a judge said "seriousness of the crime" boggles my mind."

Peter, are you saying that bail for any offense should be the same? Petit Larceny vs. rape or murder?

No Bob,
What I am saying is that unless we are sure a crime has even been committed (which we aren't, unlike robbery, breaking and entering, assault, ect) that the seriousness of the charge shouldn't enter into bail hearings.

From what I have read here, there is little evidence of him wanting to run (no resisting arrest charge, hoping to be in genesse justice, not violating his parole).

I think the bail set is reasonable, I just don't like that phrase for this case.

It would be different if it the evidence contained a video of him busting in and attacking her and you audibly hear her say "no". But my guess is it doesn't since there was a bail set.

He probably got 100 bucks for each word in his tattoo

"Since it took days to arrest him I am going to assume there isn't much DNA evidence"

You do realize that it can take days or even weeks for labs to process DNA, right? Your assumption is rather ignorant to general law enforcement processes.

Also, I highly doubt that police anywhere would arrest and charge a suspect if there were no evidence present. That leads to mistrials, lack of trust, etc which is typically the last thing a police department anywhere would want. Just because they don't release evidence to the general public does not mean that it doesn't exist.

Your comparison of rape to other crimes and saying the lack of evidence should make it so the seriousness of the crime isn't considered in a bail hearing is rather offensive to women... would you feel the same way if this were your wife or daughter?

I knew Pat in high school and always looked at him as a quiet, gentle giant. I hope it turns out that this is a misunderstanding, but whether that is the case or not the action being taken is the appropriate one.

"So then it becomes a he said/she said. Seriousness of the alleged crime shouldn't matter if there is no evidence that she actually was raped"

Your attitude is part of the reason the majority of rapes go unreported.

Excuse Me? If this man was anything but white, he would be locked up with no bail. Some of you Batavian's really need to pay attention. Your saying he's on probation during the time of incidence? (That alone is a violation.)
Your saying a man of his size no proof he forcibly raped no one? And you believe he's going to tell the truth? They don't think my client would do these things say's the Defense Lawyer,wow. Hello he's on probation,one step below parole. Don't worry, where going to find out everything that happened.

Thank you Rachael, I was going to say the same thing. Mr Reese, don't turn this into a racial debate. The judge made no discrimination of his skin color. And neither had anyone here. I'm interested on how this case plays out.

Wow,hope none of the people writing comments on this are ever on a jury

I fail to see why his tattoo has any relevance in this case. In this day and age, many people from all walks of life have tattoos. I have a tattoo, but that doesn't mean I go around raping people

i knew pat in high school and he was always kind and willing to lend a helping hand. i cant imagine him doing something like this but if he did he deserves punishment whether he was my friend or not... and to make this a racial thing just shows ignorance

Jason, the young man from Leroy charged recently with child sex acts was released to GJ with no bail. He is multiracial individual. Not picking a fight, old friend, just pointing out an example contrary to your statement. I do agree that it seems unusual that he has violated the condition of his probation, yet he stays out of jail. I certainly hope justice prevails in this case, whatever justice may be.

I went to school with him as well. Of course, I wouldn't provide a very positive judge of his character.
Innocent until proven guilty, yes. But with a violent crime, it's always nice to stay on the safe side of things, and wait until there's some sort of trial before there's a release. "Seriousness" of crime most certainly should play a role in this decision.

...

Included in Jason's post: "Your saying a man of his size no proof he forcibly raped no one?"

Hoping those communication classes at GCC are paying off!!
Love ya my brother! : )

Peter, what the hell is wrong with you! Rapes go unreported for a number of reasons. The biggest being fear people won't believe them. Especially if they are raped by someone they know. Especially if the women is married or has children. It shows weakness, vulnerability, opens one's entire sexual history to judgment and criticism because she was violated! The victim questions herself what she did to cause it and the crime it self as turned on her. I have a serious belief that you would be the type of husband that after all was said and done would make sly comments like your dress was to short, or you must have looked at him some kind of way, to give her even more of a complex. Not to mention the last thing a women wants after being raped ( and forcibly at that) is for everyone to be shoving more objects into her body and violating herself anymore. Rapes go unreported because all the rapist has to say is she wanted it. Get all the DNA you want. It will still be a he say she say case.

...

If only everyone who was raped thought as clearly as you immediately following their horrifying, scarring incident Peter. Maybe you should give classes on it.

http://www.rainn.org/get-information/statistics/reporting-rates

Rather appalling statistics, but it is attitudes like Peter's that cause many of these. Good thing he knows exactly how one should feel and react in a situation that he will never possibly be put in.

Not to mention- DNA evidence is left in a minority of rapes. That leaves evidence just of intercourse which turns into the "he said/she said" that YOU don't believe. Starting to get it?

Also- just because you "demand" an arrest doesn't mean anything is going to be done. If a rape did indeed take place, she may not have known who it was and the arrest could be due to DNA findings. How often do descriptions lead to arrests that night? As the evidence here has not been released you're making an awful lot of unfounded assumptions.

As it seems to be too much to ask you to think like a woman or someone who cares about one, at least think a little bit at all before you type.

Howard,
I didn't mean to ruffle your feathers. Your explaination is well taken and makes good sense. My apologies, and keep up the good reporting.

.

Keri- I'm very sorry for what you went through. I myself have never been through something like that. I cannot even begin to imagine what you feel. No one should have to go through that. I can understand that what you went through can make someone go through more emotions than anyone thought possible. I wish you well and hope for the best.

I do want to state one thing. Everyone is talking about what it does to a woman when she is raped. What about what it does to a man when he is accused of rape and the woman has lied? That damages the man's reputation. When people find out the woman lied most people just drop it and never apologize for the negative comments about the male. If Pat is proved to be innocent because they find this girl is lying I hope anyone who has negative thoughts assuming he is guilty right away thinks twice next time they automatically assume someone is guilty without enough evidence. There has been no evidence released so no one has any idea on what they arrested him based on. Sometimes all it takes is a really good story for someone to get someone else arrested.

If Pat is guilty, then they will figure it out and do what is right. I just seem so much negativity on here everytime someone is charged with something. We all have skeleton's in our closet. Some more than others and some just have bad luck. Some are also falsely accused. Just remember that before you make assumptions about the guiltiness of someone or even about how someone should feel after an event.

I've served on a jury and I know to listen to all the evidence before making a decision. I still stand by my decision to this day about the case. So consider the evidence please before making an assumption about someone. Just remember people change. Some grow up and some down.

...

Hmmmm,
Didn't take days to arrest this guy....
http://www.democratandchronicle.com/article/20110121/NEWS01/110121012/1…

My bad, I forgot every case is made like a cookie-cutter and exactly the same. Should have known that because this guy was arrested immediately, every suspect would have to be too.

For the love of God, I hope there are no women in your life.

Posted by Peter O'Brien on January 21, 2011 - 8:30am
....I advocate for real hard evidence to be taken and for women to basically grow a pair and all I hear from the peanut gallery is I am reason women don't get it done? What logic is that? What planet you were born on?

Read my words people, don't pull from them what isn't there.

That comment was made AFTER the sarcasm, so it is safe to say that it was meant to be serious.

"grow a pair"? "peanut gallery"?
I, too, believe that rape should be reported. You are right. The only way to get someone off the streets who would prey on women is to get the ball rolling to have the person arrested and put away.
What you fail to understand is that a rape can destroy the congnitive thinking process immediately after the act.
To give the "peanut gallery" your perception of how things should be doesn't take into consideration the myriad of emotions that come after a woman is raped.
Asking a woman to 'grow a pair' is easier said than done.
Did you take into consideration the shock value of such an act?
When someone is in shock, they often don't react the way YOU think they should.
What they do think about is getting clean (the worst thing to do because it does destroy the evidence). Yet, even though not taking a shower or bath is the right thing to do, it may not seem right to someone in shock.

There is the second guessing. "What did I do to provoke this?". Once again, more from shock than normal thinking.

"What will my family, spouse, boyfriend, children (you can circle whichever you want) think of me". Not rational, but a common thought.

"Will the police believe me?", another common thought.

Mocking someone who has been through that experience is, in my opinion, cruel. Letting her know, that without her being in full control of her emotions after that event, would make her story less truthful is
cruel.
"Logic? What planet?". Perhaps we are fortunate that you are not a judge on our planet. One would hope that a woman describing her rape would fall on far more understanding ears.

Bea, I admire your persistence, still, responding to a letter regarding rape that borrows most of its style and vocabulary from a soft-core porn script is a waste of your time.

CM
Is this directed to me and my now deleated post?
Peter
I’m sad for you. You’re so consumed with your own delusional-know everything nonsense you’ll never be able to recognize not everything is as black and white as you want it to be.

No, Keri, I don't believe that you suggested a woman who reports a rape should 'grow a pair.'

CM tell me why I should listen to you? Is it because you could get 1 in 4 people to vote for you?

Peter, I have no more expectation of you listening to me than you (presumably) have a reciprocal expectation. Anyone who posts here, does so with the same risk of being agreed with or dismissed. The point (and I'm sure Howard would agree): we are a community sharing divergent perspectives, insights and levels of expertise toward a complete view, reflecting on our community. Logically, this results less in agreement, more in broader understanding.

You (and another regular poster) have suggested that my opinions are colored by political ambitions. I maintain that the opposite is true. My recent candidacy was shaped in large and derivative of my participation on The Batavian. Prior to encouragement by posters on this site, I had no aspirations for political office. I trust if you look back at some of the posts in the early Spring of last year, you will be reminded of urgings that I run against Mr. Hawley. The individual who met with me for coffee last year and convinced me to throw my hat in the ring based his case on opinions I expressed here. Many of my supporters were likewise familiar with me and said as much when I encountered them, campaigning.

I'm not sure if you are evidencing my minority showing in the voting outcome to qualify my opinion as unpopular or if you are rubbing my face in voter mandate. Frankly, suggesting that a paltry showing by voters in that election demonstrates conclusive rejection of me or my opinions- the sampling is neither conclusive nor does it lead me to abandon my principles. Voters who confided that they could not vote for me based on my affiliation were just as apt to note that they liked my ideas. ...A queer concurrence; none-the-less, not surprising.

CM,
I hope you didn't mean me. I don't, and never did, think your opinions were colored by political ambitions. I do believe they are, what I consider, personal.

If you had political ambitions, you would have joined the Democrats to at least get funding to run as their candidate.

No, John, I was not referring to you.

Although male rape victims register statistically, primarily as statutory cases, holistic differences between male and female rape victims remain oceans apart in terms of legal, psychological, sociological and physiological implications.

Male victims of homosexual rape might approach the trauma level of female rape victims, still there is no risk of (male) pregnancy nor is there a virginity stigma.

There is a myth ensconced in the time-honored disclaimer, 'She asked for it.' It denies that women have a right to refuse. When date-rape emerged as an issue on college campuses two decades ago, 'No' became a benchmark refuting the male tradition that a point of no return exists. Apparently this benchmark has not been embraced off-campus (and may have been forgotten on-campus).

Suffering the humiliation and defeat of being denied objection, being over-powered/ruled, forcibly violated, emotionally abandoned, having to embrace victim-hood (file a police report), submitting to physiological/evidential examination, enduring a D & C, suffering the indignity of public victim-hood, having to prove victim-hood in a court of law and living with defeat...

Asking a woman to 'grow a pair' is beyond insulting. Suggesting women are inferior, lacking male attributes is the same brand endorsed by rape.

THANK YOU, CM. Couldn't have put it better myself.

...

I know what it means, what it implies and what audiences it is appropriate to. Applied to a discussion of rape? ...Maybe if delivered by a character in a Norman Lear script.