NY- Tioga judge rules ex-trustee didn't violate probation

4-3-2008 New York:

OWEGO -- A judge in Tioga County has ruled former Village of Owego trustee Kenneth "Pat" Williams did not violate his probation in a long-standing sexual abuse case involving a 3-year-old child.

Williams' attorney, Ronald R. Benjamin, said his client has been "harassed" by the Tioga County Probation Department since pleading guilty in 2006 to second-degree sexual abuse, a misdemeanor, under an Alford plea. The plea means Williams admitted no wrongdoing but conceded enough evidence existed for a jury to find him guilty.

Williams was accused of violating a term of his probation that required him to undergo sex-offender evaluation arranged by the probation department and, if recommended, attend counseling. Williams refused to admit guilt, a requirement of the sex offender treatment program.

Williams completed five assessment interviews for sex offender evaluation at the Broome County Family and Children's Society, but he was denied entrance to the treatment program because he would not contradict his Alford plea. Williams contends he was checking for a wet diaper when he put his hands down the pants of a 3-year-old girl at his wife's daycare center in 2005.

Last Wednesday, judge J.C. Argetsinger ruled Williams had not violated his probation. The judge wrote that although the Family Children's Society refused to treat Williams, "It would be unreasonable to require him to contradict his prior statements."

The judge noted in his ruling that Williams met on a regular basis with a therapist with "no specific training or expertise in this area."

A Family and Children's Society therapist stated counselors are wrong to treat sex offenders who don't admit guilt, according to the judge's ruling.

Williams also was accused of violating a term of his probation barring him from associating with minors unless they were accompanied by a responsible adult and from engaging in activities with youth. In 2007, Williams attended a picnic at a Candor park and a high school graduation at a Town of Owego park.

The judge stated, "The overly strict interpretation given by the Department (of Probation) to this term could likewise prevent the defendant from any public appearance."

Tioga County District Attorney Gerald Keene didn't return a phone call for comment.

"I think at this point it's now over," said Benjamin. "Hopefully, he'll get on with his life." ..more.. by Eric Reinagel, Press & Sun-Bulletin