7/25/13
Brian D. Allen Found Guilty today in Saratoga County Court of Criminal Sexual Act in the Second Degree, PL 130.45(1), “D” Violent Felony and Endangering the Welfare of a Child, PL 260.10(1), “A” Misdemeanor
Saratoga County First Assistant District Attorney Karen A. Heggen announced today that Brian D. Allen, DOB 8/18/64, of 34 Hemlock Drive, Greenfield Center, NY was found guilty after a bench trial before Saratoga County Court Judge Jerry J. Scarano of 1 count of Criminal Sexual Act in the Second Degree, PL 130.45(1), a class “D” Violent Felony and 1 count of Endangering the Welfare of a Child, PL 260.10(1), a class “A” misdemeanor for actions committed by the defendant Allen in February 2012. Judge Scarano remanded the defendant to the custody of the Saratoga County Sheriff without bail pending sentencing, scheduled for September 19, 2013 at 1:15 pm.
Additionally, Judge Scarano scheduled a trial for August 19, 2013 for the remaining 46 counts of the original indictment, which were severed because there were two separate victims and time periods
involved. Those charges included allegations of Rape in the Second and Third Degrees, and counts of Criminal Sexual Act in the Second and Third Degrees.
After the defendant was placed in custody, his attorney approached the prosecuting Assistant District Attorneys Jennifer L. Buckley and Kristin T. Foust asking to discuss possible resolution of the remaining charges set for trial on August 19, 2013. The defendant then plead guilty to an additional count of Criminal Sexual Act in the Second Degree, an act involving a second victim.
It is anticipated that on September 19, 2013 the defendant will be sentenced to three years incarceration in a state correctional facility for each of the two counts of Criminal Sexual Act in the Second Degree. Those sentences are expected to run concurrently. The Judge will also impose a period of post release supervision ranging from 3 to 10 years. The defendant faces up to one year incarceration on the Endangering the Welfare of a Child conviction, which by operation of law, will run concurrent with the prison sentences for the Criminal Sexual Act in the Second Degree charges.
Lead prosecutor ADA Buckley commended the strength and courage of the victims over the last 17 months. In this trial, one of the victims testified for almost two hours recounting the troubling things that happened to her at the defendant’s residence. “She is incredibly brave for taking the witness stand and confronting the defendant”. Additionally, ADA Buckley praised the investigatory efforts of the Saratoga County Sheriff’s Department, particularly the work of Investigator Steven Brown and Deputy Zachary Cicardi.
First Assistant District Attorney Karen A. Heggen noted that because this was a bench trial, with no jury, the pace was incredibly quick. “Ms. Buckley’s thorough and complete preparation of this case was evident throughout, as she called over 12 witnesses in less than two days. Each had significant, substantial information to provide the Judge, and Ms. Buckley’s skillful presentation presented a clear picture”.