Cayuga County District Attorney Jon Budelmann announced today (June 11), that Levi Warren Maynard (DOB 3/1/1990) was found guilty of sex offenses committed against a five-year-old girl in October 2012.
A jury in Cayuga County Court returned a verdict finding Maynard guilty of the three crimes charged in the indictment, to wit: Predatory Sexual Assault Against a Child, Sexual Abuse in the First Degree, and Endangering the Welfare of a Child.
The jury of seven women and five men deliberated for approximately six hours before returning the verdict.
The People presented a direct case consisting of six witnesses.
These witnesses included NYSP Investigators Douglas Thomas and Thomas Crowley.
The NYSP investigation of the case secured evidence including Maynard’s confession.
The victim, now 6½, also testified at trial.
Chief ADA Christopher Valdina and ADA Heather M. DeStefano handled the trial for the DA’s Office.
Ms. DeStefano presented the testimony of the child victim.
The defendant called a total of six witnesses, including a family friend and a minister from Schenevus, NY, to testify as “character witnesses.”
The defendant was represented by Ronald Benjamin, Esq., an attorney from Binghamton.
Immediately before the child victim testified, Mr. Benjamin’s assistant handed a subpoena to the little girl’s mother in front of the victim.
Witnesses are normally kept out of the courtroom before they testify; however, by that point, the mom had already completed her testimony including cross-examination by defense counsel (so there was no obvious reason to subpoena her again).
The court denied defense counsel’s subsequent motion to keep the mom out of the courtroom while the victim testified.
The People then presented a rebuttal case consisting of the testimony of a jail nurse and forensic psychiatrist Dr. Michael Lynch of Buffalo.
Dr. Lynch examined the defendant and found him competent to waive his Miranda rights.
Sentencing is scheduled to take place June 26 at 8:15 a.m.
Predatory Sexual Assault Against a Child is a Class A felony.
The minimum sentence is 10 years to life; the maximum sentence is 25 years to life.
Sexual Abuse in the First Degree is a Class D felony.
The minimum prison sentence is 2 years; the maximum prison sentence is 7 years.
EWOC is a misdemeanor with a maximum jail sentence of one year which by law would merge with any prison sentence.
When ultimately released, Maynard will be required to register as a sex offender.
The defendant was not a stranger to the victim.
He committed the crimes in the town of Sterling, Cayuga County.
Additional details are not being furnished to avoid identifying the victim, the DA said.
The NYSP arrested the defendant at the Wolcott NYSP Barracks on December 6, 2012.
The defendant has been incarcerated at the Cayuga County Jail in lieu of $25,000 bail/50,000 secured bail since his arrest.
Upon the guilty verdict, he was remanded without bail.
The defendant’s last-known address prior to his arrest was 409 Buffalo St., Apt. D. Fulton.
Maynard had previously rejected a plea offer that would have given him a lesser sentence in exchange for accepting responsibility and sparing the child victim from having to testify.
DA Budelmann said, “Thanks to the efforts of the New York State Police and this office, and to the courage of this brave little girl who testified in the trial, society and potentially other children in the future will be protected from this defendant.”
“I commend CADA Valdina and ADA DeStefano for their hard work on this case,” he added.