Justin Amend, the 29-year-old Farrall Park paramour of Suzanne Corona, will wait another week at least to find out if he's going to jail.
When Amend entered a guilty plea to public lewdness, it was on the condition that he wouldn't receive jail time, but City Court Judge Robert Balbick said there's now a problem with that plea arrangement.
The former Oakfield resident is now a Florida resident.
"By moving out of state, you've prevented me from placing you on probation," Balbick said.
The Probation Department recommended Amend be given a conditional discharge -- meaning if he stays out of trouble for six months, the public lewdness conviction would be dismissed.
Balbick said considering the offense to the community, that Amend engaged in sexual conduct in a place where parents and children could see the act, he just can't go along with a conditional discharge.
That leaves Amend two obvious options -- withdraw his plea and go to trial, or let Balbick sentence him with the probability he will be given jail time.
Defense Attorney Tom Williams asked for more time to either research a way to get Florida to accept Amend's probation, or see if there is space available with the Genesee County Jail for a weekend work detail sentence.
Assistant District Attorney Robert Zickl predicted that Florida is unlikely to accept a probation case on a misdemeanor charge.
"States feel that their probation departments are overworked as it is and they do not want to accept misdemeanor cases," Zickl said.
Amend moved to Florida, according to Williams, because he's embarrassed by his crime.
"He's humiliated to be seen walking around Genesee County," Williams said. "For him to walk into Tops and be seen is torture for him. It would be like for me to walk into Tops naked. That may seem over the top, but that's how he feels."
When given his turn to speak, Amend said, "I can guarantee you that you will never see me in court again because this has been a total embarrassment."
Williams described Amend as an upstanding citizen who has never been in trouble except for this case.
In fact, Williams said, Amend has been a key witness in criminal cases, including one where he turned in a sexual predator who was victimizing a younger person. That criminal is now in state prison. The man never would have been caught if Amend hadn't contacted the police, Williams said.
