The
New York State Supreme Court Appellate Division has unanimously affirmed a Schuyler
County Family Court order which found that a local man had sexually abused his four-year-old
daughter and neglected his three minor children.
According
to the appellate court decision “Matter of Lawson O,” dated Thursday (October
17), the Schuyler County Department of Social Services (DSS) had charged the
man in family court with abuse and neglect following receipt of a child
protective services hotline report in January 2016. According to testimony before the family
court, the daughter had been discovered acting out sexually and then disclosed to
a family member that her father had been having oral sexual contact with her.
Following a fact-finding hearing in 2017, Family Court Judge
Dennis Morris determined that the girl's out-of-court statements regarding the
alleged sexual abuse were sufficiently corroborated and that the father had
abused the daughter, derivatively abused her two siblings and neglected all
three of his children. Therefore, the family
court entered an order of protection, directing the man have no contact with
the children, other than supervised visitation and communications reviewed and
approved in advance by DSS, and directing him to enter sex offender treatment.
The father, through attorney Dana Salazar, appealed, alleging that
the family court's finding of abuse was not adequately established by the evidence.
The DSS was represented on appeal by Schuyler County Attorney
Steven Getman. Getman asked the
appellate court to uphold the family court findings. Getman argued that that the girl had demonstrated an “age-inappropriate knowledge of sexual activity"
through her behaviors prior to the disclosure, supporting her description of abuse. He also cited evidence of prior sexual abuse
allegations against the father involving other family members, and the father’s
admissions that he spent approximately eight months in jail stemming from an
earlier sexual abuse charge related to a niece. Getman
also pointed out the father had admitted on the stand to lying to law enforcement
officials, thereby showing a propensity for dishonesty.
Following submission of the party’s papers and a
review of the record, the appellate court agreed with DSS, finding “a
sound and substantial basis exist[ed] in the record to support Family Court's
finding that respondent abused the daughter.”
Therefore, it upheld the Family Court order in all respects.
The court’s decision does not name the father or the children,
using pseudonyms to protect the children’s privacy.
The father has approximately thirty days to seek leave to appeal
the decision to the New York State Court of Appeals.
The Schuyler County Department of Social Services is the lead
civil investigative agency for cases of alleged child abuse and neglect. The
Schuyler County Attorney is the prosecuting attorney for all county agencies
involving civil cases, including family court matters involving abuse and
neglect.
Both agencies were assisted in the investigation of the case by
members of the Schuyler County Sheriff’s department.
A complete copy of the decision is available here.
