NY- Nursing home aide denies sexually assaulting resident

12-11-2008 New York:

LOCKPORT — A nurse’s assistant who was accused of sexually assaulting an 89-year-old female nursing home patient pleaded not guilty to a two-count indictment Wednesday in Niagara County Court.

David M. Payne, 46, of Niagara Avenue, Niagara Falls, denied charges of first-degree criminal sexual act and first-degree sexual abuse. The maximum penalty if he is convicted as charged is 25 years in prison.

Payne was arrested after the incident that allegedly occurred in the victim’s room between 2 and 3 a. m. Aug. 29 in Niagara Rehabilitation and Nursing Center, 822 Cedar Ave. A coworker told police he caught Payne in bed with the woman.

Assistant District Attorney Robert A. Zucco said Payne gave a mouth swab for a DNA sample when he was questioned by police the day of the attack. Police also obtained a search warrant and seized some of Payne’s property from the nursing home. Payne is free on $20,000 bail. ..News Source.. by The Buffalo News