LIVINGSTON COUNTY – District Attorney Greg McCaffrey is requesting a special DNA swab and analysis for the man known around the Village of Perry as the ‘Birdman,’ who stands charged with Rape in Wyoming County and Kidnapping in Livingston County for allegedly abducting a York woman at gunpoint and raping her at his apartment in Perry.
However, Charles Braun, 66, and his attorney William Kelley, insist that a hat recovered at the scene of the alleged kidnapping was worn by Braun on the night in question, and that DNA analysis is unnecessary.
“Judge, we have reviewed the photographic evidence and my client admits that it’s his hat and that he was wearing it on the night in question,” said Kelley. “We would submit that a DNA test is unnecessary, besides being a way to entertain the jury.”
DA McCaffrey said that he still has the right to request DNA be taken in anticipation of trial, and that he is prepared to file a formal motion for the analysis.
“I appreciate that he’s willing to admit that it’s his hat,” said DA McCaffrey, “but we have the right to take his DNA by a court order.”
Judge Dennis Cohen said that not doing DNA analysis in this case could undermine the credibility of the DA’s evidence at trial, and that the DA has the right to ask for DNA analysis. Braun and Kelley then indicated that they would go along with DNA analysis.
Braun stands charged in Livingston County with Kidnapping in the Second Degree, a B felony, Criminal Use of a Firearm in the First Degree, a B violent felony, Criminal Contempt in the First Degree, an E felony, and Menacing in the Second Degree, an A misdemeanor.
He rejected an offer from Assistant District Attorney Justin Hill in April of 15 years in prison with 5 years post-release supervision.
Braun is also charged in Wyoming County with Rape in the First Degree, a B violent felony, Criminal Use of a Firearm in the First Degree, a B violent felony, Criminal Contempt in the First Degree, a class E felony, and Unlawful Imprisonment in the First Degree, a class E felony, in connection to this incident.
Braun was incarcerated at Groveland correctional facility on October 25, 1991 for Attempted Murder in the Second Degree, a B felony, and had his parole consistently denied five times until his mandatory release by statute 2006. He then violated parole and went back to prison for another year in 2012.