Brandon Varian, originally from Nassau, but who was living in Ghent at the time of the incident, is charged with one count of first-degree criminal sexual act, a class B felony, and one count of predatory sexual assault against a child, a class A2 felony.
Present in the courtroom were 15 jurors, Senior Assistant District Attorney David Costanzo, Assistant District Attorney Jay Radiz, Varian with his attorney Bill Roberts, and two witnesses - Sheriff’s Inv. Mark Dunspaugh who initiated and conducted the investigation, and the boy’s mother’s sister, who recognized the child’s injury to his anal area.
After the jury was seated, Ceresia explained the jury’s duties and also listed rules that the jurors must follow during the case.
"Brandon Varian sexually assaulted and had anal sex with a 2 year-old-child," Costanzo said in his opening statement.
Costanzo followed with a graphic description of what allegedly happened on June 28, 2010, including how Varian took the boy swimming and in the late afternoon the boy and the defendant came home and the defendant brought the boy into a bathroom, put him into the tub. The boy was in the tub playing with a cup, and Varian, who had undressed, got into the tub and allegedly had intercourse with the child.
"The evidence will show that the defendant is guilty of the charges of predatory sexual assault and committing a criminal sexual act," Costanzo said.
Roberts then opened, telling the jury, "You are going to find that she (the victim’s mother) doesn’t even care for her child ..."
Dunspaugh, the lead investigator on the case, was then called to testify.
Costanzo asked him about his credentials and how he was involved with the case. Dunspaugh answered that he was assigned to report to a sexual abuse case at Columbia Memorial Hospital at around 11 p.m. on June 30, 2010.
After he interviewed the mother of the victim at the Columbia County Sheriffs Office, he went to the mother’s residence, the victim’s and Varian’s, at approximately 2:30 a.m, and was let in by the mother of the victim.
"Where did you encounter Brandon Varian?" said Costanzo.
"In the living room," said Dunspaugh, adding that he had a conversation with Varian who agreed to go to the Chatham Police Department with him.
Varian, who was not under arrest and did not ask for an attorney, was brought to "the police station within the village hall" said Dunspaugh.
"Did you interview him within the police station itself or within the town hall?" questioned Costanzo.
"It was within a room, within the village hall," said Dunspaugh who said only he and Varian were present and had a 15-minute conversation, in which he explained that he had also read Varian the Miranda Warning from the Miranda card that was issued to him.
The card was entered into evidence and Dunspaugh read it to the court. He then testified about what Varian had told him.
"He told me that he first noticed redness around the anus three days before … he believed the rash was diaper rash … he began to sweat profusely," said Dunspaugh.
The investigator then described how Varian talked about how (the mother) brought the boy to the hospital and he stayed in the car because he was not feeling well and then decided to walk to his home in Ghent from Columbia Memorial Hospital.
Dunspaugh testified that Varian told him that the boy’s father committed the sexual abuse.
Dunspaugh brought Varian home after speaking with him in the room at the Chatham Police Department/Village Hall, to further investigate the case.
Costanzo questioned Dunspaugh about his contact with Varian on July 1.
"Yes," said Dunspaugh. "I spoke briefly with Brandon, I said what’s going on with you Brandon."
Dunspaugh then testified that he told Varian he wanted him to speak with him at the Sheriff’s Office. Varian agreed and rode with him to the Sheriff’s Office where he was then recorded by an audio and video system and also signed a written voluntary statement, according to Dunspaugh.
Varian was not under arrest when he was brought to the Sheriff’s Office, Dunspaugh said.
The attorney then began to question Dunspaugh about his recording of Varian’s statement.
"The court will allow portions (of the video) that are involving Dunspaugh and Varian. The portions will be used as evidence. Some portions have been redacted," said Ceresia, who then said to the jury, "you are not to speculate on those redacted segments."
"How long would you say the interview lasted," Costanza asked Dunspaugh.
"Eleven minutes," Dunspaugh replied.
"Where did you go after the interview (on video)?" said Costanza.
"To the main investigator’s office to get a written statement … I typed his words down onto a voluntary written statement," said Dunspaugh, who also said he read the Miranda warning again before he typed Varian’s words.
Costanzo placed the statement in front of the witness. "Did Brandon Varian sign that statement?"
"Yes," said Dunspaugh, who also said that Varian also additionally initialed the statement.
Costanzo and Roberts questioned Dunspaugh about the written statement.
"After this (statement) was completed, I read it back to him and asked him if there were any changes he would like to make, and he said no. Before I began to type I read the top section to the defendant," said Dunspaugh, responding to Roberts.
"Did you read this entire statement to Brandon Varian before he signed?" said Roberts.
"Yes I did," said Dunspaugh.
The video was then played, in which Varian apparently confessed.
The video shows Varian sitting in an 8-foot by 8-foot room, in a corner, on a chair, wearing a white t-shirt and a pair of jeans. He was fidgeting with his hands, and picking at his nails. Dunspaugh read Varian his rights in the video.
"I need your honesty. More honest than you were this morning. … I mean, what’s going on with (victim)..." said Dunspaugh. "What you told me this morning was not the complete truth."
"It is not easy to talk about. I’m scared. That’s why I left this morning," said Varian explaining that he wanted to go and home and think about what he did after he was at the village hall in Chatham with Dunspaugh.
"How about this, I will type your words, then read it back to you. All I want is the truth," said Dunspaugh.
"I can’t lie about it," said Varian, who had his head down in his hands, elbows on his knees.
Roberts asked Dunspaugh more about the other initial suspects in the case that included the grandfather of the victim and the mother.
Dunspaugh ruled them out after interviewing them, and Roberts speculated that he ruled them out too quickly.
It was also established that although Dunspaugh was the "lead" investigator, he was supervised by Senior Investigator Kevin Skype.
"Did my client smell like alcohol?" said Roberts to Dunspaugh when he brought Varian from his residence to the Sheriff’s Department.
Varian had said that he felt sick and was holding his stomach when he proceeded with the voluntary written statement.
"Did he in fact feel sick because he was in fact drinking all day?" said Roberts.
"No, he did not tell me that," said Dunspaugh.
After establishing that Roberts then moved onto the information that Dunspaugh recorded, and said that he left out important details.
"You were concerned with potential injury to the child’s anal area... my client told you the child had a rash and it was treated with corn starch. Why didn’t you document that in the information (in his written report)," said Roberts.
"I can’t say what I was thinking at the time of the report," said Dunspaugh.
Before Varian went to the Sheriff’s office, Roberts asked if it was a fact that his client was smoking marijuana and drinking alcohol, and Dunspaugh said he was not aware Varian being on any drugs or alcohol, or that he was impaired.
Roberts also kept asking about Varian’s cell phone, in which Dunspaugh said, "I never saw a cell phone."
Roberts then spoke of how his client was picking his finger nails on the video tape and how Dunspaugh had told him to stop, and to pay attention.
Roberts asked him if he made sure that Varian was also paying attention when he was read his rights.
Roberts wanted to know if Brandon Varian was free to walk around the facility before his confession, and Dunspaugh said, "He never made an indication that he wanted to leave."
There was implication from Roberts that Dunspaugh treated the other suspects differently than he did Varian in the interviewing process.
Varian cannot read, according to Dunspaugh and Roberts thought that it was unnecessary for a voluntary written statement if the defendant could not read before he signed in agreement to the statement.
"You thought the best way to document this would be a written statement when my client could not read or write," said Roberts.
Dunspaugh said that he read it aloud to him.
There was never DNA testing done in the case of the semen in the drain or in the diaper of the victims, Roberts found through questioning Dunspaugh.
Dunspaugh was asked, by both Cozzolino and Roberts about his credentials to understand if someone is on drugs or alcohol. He replied by saying that he has been through training.
The next witness, the victim's aunt, was called to the witness stand.
On the day that the victim was brought to the hospital by the mother of the victim, the mother’s sisterwas with the child and urged the mother to bring him to the hospital.
"His rectum was dilated and the area around was bruised and red and an oozing substance was coming from the rectum itself and the tissue was bloody," said the woman, describing what she saw while changing the victim’s diaper.
When her sister came back to pick up her child, the aunt asked if he was constipated or if something had happened to him.
"It was at that point I said this was more than a rash and I wanted her to look at it... She thought I was referring to a rash... she started to cry immediately and said what do I do... I said go to the hospital," said the woman.
"Once you observed his back side (the victim’s) what did you intend," said Roberts.
"I intended to make sure he got care right away," said the aunt.
The trial resumes today at 9:30 a.m.
No comments:
Post a Comment