LIVINGSTON COUNTY – A Mount Morris man who says he suffered a debilitating motorcycle accident in his teens was convicted at a delayed bench trial verdict of felony sex abuse Wednesday morning when Judge Robert Wiggins found him guilty of sexually abusing a girl under age 11 while bouncing her on his knee at his home.
Roy Lane, 66, was found guilty of felony Sexual Abuse in the First Degree after the Judge postponed the original scheduled verdict, which was 4:30 p.m. on Tuesday, to 9:30 a.m. on Wednesday, saying that it was a very difficult case. Testimony was heard from Livingston County Sheriff’s Investigator Josh Monster, the girl, her family members, and Lane himself.
“The problem I have with this case is why the girl wasn’t asked more questions,” said Judge Wiggins at the verdict. “It’s not enough to put the girl on the stand and say ‘she’s a cute little girl, isn’t she?’ […] I hope that I am not guilty of what is frequently the reason for bench trials instead of jury trials, which is that she’s a cute little girl and that rules the day. This has been a very difficult case for me and I freely admit that.”
Lane’s defense attorney David Hoffmann said in summations that McCaffrey’s evidence, including testimony from the girl, did not prove that her contact with Lane was sexual in nature.
“The People have shown no evidence that the contact, if any, was for the sexual gratification of either party, which is the very legal definition of sexual contact, a precursor of sex abuse,” said Hoffmann.
Livingston County District Attorney Greg McCaffrey said that he will be seeking a state prison sentence in this case.
“I am extremely happy with the verdict, I’m happy for this girl and this case,” said McCaffrey. “I think Lane is a nasty, despicable sex offender who deserves to go to state prison. It’s difficult to elicit more than I did from a six-year-old and the Judge convicted beyond a reasonable doubt.”