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September 13, 2005

Judge upholds sex-abuse verdict

Hobart man sentenced to eight years in first of 5 cases with similar charges

DELHI — A Hobart man’s newly hired attorney was not successful in having three guilty verdicts in a sexual-abuse case overturned in Delaware County Court on Monday.

A jury found Richard M. Dostis, 23, guilty July 14 of second-degree aggravated sexual abuse, first-degree unlawfully dealing with a child and endangering the welfare of a child.

The three-day trial was the first of five trials Dostis faces on 20 counts for allegedly raping two girls and sexually assaulting three others.

On Monday, Delaware County Judge Carl Becker sentenced Dostis to eight years in prison as the defendant stood silently with tears in his eyes.

During the July trial, the 16-year-old victim testified that she was sexually assaulted by Dostis on Dec. 31 at his grandparents’ home after she left a party.

Dostis was represented by Frederick Neroni during the trial but appeared for sentencing Monday with lawyer Joseph Ermeti.

Before the sentencing procedure began, Ermeti made a motion to vacate the verdict. He argued that the range of sentencing options for aggravated sexual abuse available to Delaware County Judge Carl Becker were severe and did not allow for a fair sentence.

Ermeti said Neroni had not handled the case correctly. He said the case file was very thin and contained little information and several motions had not been filed.

Ermeti asked for time to review the trial transcripts and said that there were questions whether or not the insertion of a finger was done forcibly.

He also alleged possible misconduct by a state police investigator who spoke to a juror during the trial.

"I know this was an 11th-hour change of counsel," Ermeti said. "The motion should have been made by the former attorney immediately after the trial."

Delaware County District Attorney Richard Northrup said he was opposed to any further postponement of the sentencing.

He said the possible misconduct by the police officer was thoroughly looked into at the time.

Becker said the power of the court to set aside a verdict is limited to the same criteria the Appellate Division would consider.

Becker denied Ermeti’s motion to adjourn and vacate the verdict and proceeded to sentencing.

The 16-year-old victim was not in the courtroom, but her mother was present and requested that Northrup read a statement.

"He took a young girl, my girl, and forced himself upon her," the statement said. "You took her innocence away and you scarred her, but you didn’t break her. Any lessons learned here were lessons learned too late for my daughter."

Northrup said it was time Dostis was held accountable and asked Becker to sentence him to the maximum sentence of 15 years in prison.

"Mr. Dostis knowingly and willfully took advantage of a young girl," Northrup said. "Then he claimed that the victim made it up."

Ermeti said Dostis is young, married and has a child at home.

"When Mr. Dostis came in contact with the victim, she was already drunk," Ermeti said. "He didn’t fight her or wrestle her down. I don’t believe she ever said no."

Becker said a jury believed the testimony, and it was his duty to pass sentence.

Becker sentenced Dostis to eight years on the sexual abuse charge and one year each to run concurrently on the endangering the welfare of a child and the unlawfully dealing with a child charges.

Dostis was arraigned in March on four other indictments, which will be settled in trials during the Nov. 7 trial term, Northrup said.

After Monday’s sentencing, the 16-year-old victim’s mother said her daughter will be relieved.

"It’s finally all over," she said.

As the Dostis family left the court, they made derogatory comments about the victim and loudly criticized the length of the sentence.

Posted by Nealus at September 13, 2005 02:08 PM

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