sex offender

Levi Spikes Jr. is indicted for the crime of failure to register a change of address as a sex offender, a Class E felony. It is alleged that between November 2017 and January 2018, Spikes failed to register a change of address with the NYS Division of Criminal Justice Services within 10 calendar days after moving from 3 Lewis Place in the City of Batavia. In count two, he is accused of offering a false instrument for filing in the first degree, a Class E felony. It is alleged in count two, that Spikes knew a written instrument -- a NYS Sex Offender Change of Address Form dated May 8, 2018 -- contained false information. The form contained a statement that the defendant had not moved from 3 Lewis Place, Batavia, until May 8, 2018. He then offered the form to public authorities to be filed for official records. In count three, Spikes is accused of the same crime alleged in count two. In count three, he is accused of knowing the same type of form, dated May 11, 2018, also contained the same false information and yet he offered it to public authorities to be filed for official records. In count four, the defendant is accused of another count of failure to register a change of address as a sex offender. It is alleged in count four that he failed to give the NYS Division of Criminal Justice Services a change of address within 10 calendar days when he moved from 421 Ellicott St. in the City of Batavia.

The witnesses are now grown men, District Attorney Lawrence Friedman told jurors this afternoon to open the trial of Sean Vickers, accused of sexual abuse.

The alleged crimes occurred 12 years ago, but the scars remain, Friedman said.

"He (Vickers) damaged the boys by what he did to them in the late '90s," Friedman said.

Vickers, already a convicted sex offender, was indicted in November on 10 felony sexual abuse counts, including predatory sexual abuse.

According to Friedman, Vickers got to know the family and the kids; he built trust with the families and would often spend overnights in their homes.

"This (the children) is what the case is about," Friedman said. "Through the testimony of the boys and witnesses, you will hear an admission of guilt by the defendant himself; and based on the evidence you will hear and see, I ask that you return a verdict of guilt."

In rebuttal, Defense Attorney Jerry Ader asked the jury to follow the law and not emotion.

"You haven't heard the evidence or the witnesses," Ader said. "You don't know enough at this point to make a decision. You have to listen to every element on all the charges and they have to be proven without a reasonable doubt.

"Emotions run high in a case like this, listen to the evidence, follow the law," Ader continued.

Ader asked the jurors to judge each crime individually, reminding them that they swore an oath to follow the law to wherever the decision may lead. He also noted that the surface has just been scratched and to not just judge on the basis that children were involved.

"Keep an open mind. These are complex charges," Ader said.

According to the first witness, a member of the clergy, Vickers openly confessed in the presence of his then wife, to sexually abusing two of his stepchildren. The witness stated that Vickers and his wife had come to him in November 2004 and informed him of what Vickers had done. The witness encouraged Vickers to turn himself in and his wife to get help for her boys so they may begin the healing process.

The former Batavia resident is charged with course of sexual conduct against a child in the first degree; predatory sexual assault against a child in the first degree; abuse of a child in the first degree; and endangering the welfare of a child.

The trial resumed at 2 p.m.

Anthony Nicosia Jr., of Oakfield, agreed to a plea deal in Genesee County Court today, admitting that he twice had sexual contact with a 16-year-old boy last spring in the Town of Oakfield.

The 55-year old Nicosia pleaded guilty to two felony counts of third-degree Criminal Sexual Act. Under terms of the deal, two counts of Forcible Touching and one count of Endangering the Welfare of a Child were dropped.

Nicosia has no prior felony convictions affecting this sentence. He faces up to eight years in prison on consecutive four-year sentences stemming from the charges, up to 10 years probation and must register as a sex offender.

An order of protection was logged for the 16-year-old victim. Nicosia remains imprisoned until his Nov. 23 sentencing. Bail is $15,000 cash or $30,000 bond.

UPDATE: I spoke with Judge Robert Noonan to get a definitive answer on the sex offender registration issue. Noonan says he almost always imposes fees -- like sex offender registry fees or DNA Databank fees -- at sentencing, in case the legal organizations that follow sentencing need to administer or re-administer those services.

For example, if a defendant has already contributed to the DNA Databank due to a prior conviction, that defendant will not need to go through the DNA Databank process again. The State Department of Corrections is later authorized to waive the DNA Databank fee imposed at sentencing.

So, Judge Noonan told Nicosia yesterday that he may impose the Sex Offender Registration fee at sentencing. Noonan says the fee may be required to reclassify sex offenders to a higher level. However (upon closer examination), Nicosia is a Level 3 Sex Offender, the highest level possible. Therefore, he cannot be reclassified to any higher level. So, even if the judge imposes the registration fee at sentencing, it would likely be waived later by the Department of Corrections.