LIVINGSTON COUNTY – The man accused of handcuffing a woman to a wall and repeatedly sexually abusing her in Mount Morris is facing a total of over 30 years in prison by indictments from the Livingston County District Attorney’s Office and the U.S. Attorney’s Office.
Calvin Patrick, 34, appeared alongside his attorney, Assistant Public Defender John D’Arpino, to schedule hearings and request that he be released on his own recognizance (ROR’ed) for a day so that he can be federally detained and get credit for serving time while in custody awaiting further court proceedings.
“We are requesting that Mr. Patrick be ROR’ed to that the federal detainer can, for lack of a better word, ‘kick in,'” said D’Arpino. “Right now he is not getting credit for time towards that federal detainer.”
Judge Cohen denied that request and returned Patrick to the Livingston County Jail to await a violation of probation hearing.
For allegedly sexually abusing the woman in Mount Morris, Patrick is charged by Livingston County District Attorney Greg McCaffrey’s Office with several high-level felonies, including two counts of Criminal Sexual Act in the First Degree, Rape in the First Degree, Aggravated Sexual Abuse in the Third Degree, and four counts of felony Unlawful Imprisonment.
The District Attorney’s Office is seeking three separate sentences of between 8 and 25 years for the top three counts of the indictment, which could be sentenced consecutively, or back-to-back.
However, NYS Penal Law Section 70.30 1evii sets the maximum time that can be served for such a conviction at 50 years.
For allegedly chatting with an 11-year-old girl from Pennsylvania over the internet and allegedly planning to keep her as a sex slave, Patrick is also charged in federal court by U.S. Attorney William Hochul’s Office with Attempted Production of Child Pornography, Enticement of a Minor, and Receipt and Possession of Child Pornography.
The U.S. Attorney’s Office is seeking a sentence of 25 years to life in prison, in part because Patrick has a prior conviction for possessing child pornography.
In 2008, Patrick pled guilty to felony Possession of a Sexual Performance by a Child. He was sentenced in August 2008 and was on probation for that offense when he is alleged to have committed further child pornography crimes.
After his 2008 conviction, Patrick was registered as a level 1 sex offender, or at the lowest risk to re-offend.