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January 14, 2005
Child abuser wins bid for new trial
Pohatcong Township man completed sentence for sex offenses in 1997.
BELVIDERE -- A Warren County man who drew an 8-year sentence after his 1997 child-abuse conviction has won his bid for a new trial.
Allan Richard Bray, 57, of Pohatcong Township, was released from the Adult Diagnostic and Treatment Center for sex offenders in February 2003, after completing his sentence.
A month earlier, a state Appellate Division panel ruled he's entitled to a hearing to determine if he should get a new trial.
Bray argued the trial court judge erred when he barred testimony concerning prior claims of sexual abuse by Bray's alleged victim.
Those prior allegations against a Pennsylvania man never led to any criminal charges, authorities said.
Superior Court Judge Amy O'Connor has ruled Bray is entitled to a new trial after presiding over the hearing ordered by the Appellate Division.
The judge based her decision on a recent ruling by the state Supreme Court involving a similar case.
The state's high court affirmed an Appellate Division ruling which essentially ruled testimony about an alleged sexual assault victim's prior false allegations could be used to impeach the alleged victim in some cases.
Bray's defense attorney in the trials planned to use the alleged victim's prior claims to impeach her testimony, officials said.
Bray's first trial ended with a hung jury, but he was convicted after a second trial in 1997.
The jury convicted the former maintenance worker of two counts each of sexual assault and child endangerment. He was also convicted of possessing a prohibited photograph -- nude magazine pictures of Brooke Shields as a child.
The alleged victim was 16 years old when she testified during the 1997 trial and said Bray removed some of her clothing while massaging intimate parts of her body on five occasions between Dec. 26, 1990 and July 17, 1993, when she was between 10 and 12 years old.
Authorities said the alleged abuse occurred in Pohatcong Township when Bray -- a family friend at the time -- was babysitting.
Warren County Prosecutor Thomas S. Ferguson said Thursday his office is reviewing the judge's decision before deciding on a course of action.
Bray said Thursday this is the first step in his effort to clear his name.
"It's the right decision," he said.
Warren County Assistant Prosecutor Mark Francis argued against granting Bray a new trial.
Francis has said the victim had "no motivation to lie" about the earlier events. The victim even admitted not remembering if the man in the earlier case even touched her, the assistant prosecutor said.
She did however recall that the man in the earlier case masturbated in front of her, Francis said. He was referring to the prior abuse, not the case involving Bray.
Bray has said he maintained his innocence while serving his sentence at the treatment center despite pressure to admit to the offenses.
"I'm not going to say I did something I didn't do," he said after an earlier court appearance.
Sparta, N.J., attorney Shepard Kays represented Bray.
Posted by Nealus at January 14, 2005 12:50 PM
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