NORWICH – Chenango County Court was in session on Monday, when several individuals appeared to answer to the charges against them, another failed to appear, and one man was transported from a state prison to Chenango County and was found to not be the man wanted by the court.
• Terry E. Parker, 31, South New Berlin, was scheduled to appear in court for a sex offender risk level determination, but failed to appear.
According to Chenango County Court Judge Frank B. Revoir Jr, Parker was previously convicted on Nov. 5, 2012 on the charges of possessing obscene sexual performance of a child. It was determined that Parker was mailed two items notifying him of his appearance, but both were returned undeliverable.
Chenango County District Attorney Joe McBride, representing the people, suggested a warrant be issued for the defendant’s arrest.
Revoir issued a bench warrant for the arrest of Parker.
• Eneth M. Davenport, 36, Norwich, appeared in court after having been picked up by police on an active bench warrant. Davenport was present with the representation of Zachary T. Wentworth from the Chenango County Public Defender’s Office.
“She wants to resolve the matter and enter an admission,” said Wentworth. “She understands she may be facing state prison. She hopes for Willard. Her mother fell ill and passed away, and she admits she let herself slip. She failed drug court, but wants to get better.”
“The people recommend she go to prison for one to three years, Judge,” said McBride. “She was on probation for running a crack house in our community. She was given an opportunity, and she violated the terms of her probation. For the protection of everyone in the community, it is my recommendation she be removed.”
Revoir noted Davenport’s eight prior misdemeanor convictions, all from the past two years. Davenport admitted under oath that she did violate the terms of her probation, and she was therefore re-sentenced by the court.
“The court would be inclined to re-sentence you to one to three years with the recommendation for the shock program,” said Revoir. “I’m not ordering you to shock, though. The burden is on you once you get to state prison. I can’t make any promises you will make it into the program, but once you get to prison I encourage you to apply.”
Said Davenport when addressing the court, “I lost my mom, she passed away and I didn’t handle it well. I didn’t follow through with what I was supposed to do. I knew I messed up.”
Added McBride, “Her name has recently been involved, especially for drug activity. Now she is going to have some time to get out.”
McBride said to Davenport before she was escorted from the courtroom, “It’s not just you effected, it’s not just your family, it’s all of us now. Come back with the right head, or don’t come back, with all due respect. Don’t bring out of towners here.”
Said Revoir, “It is a sad day for you, Ms. Davenport, but this court is hoping you make use of the tools in your grasp to help you change your life. Good luck.”
• Timothy P. McCarthy, 35, South New Berlin, appeared before the court with regard to allegedly violating the terms and conditions of his probation. His counsel, Zachary T. Wentworth, entered denials to both matters.
According to the prosecution, McCarthy allegedly sold Suboxone and failed out of drug treatment court. It was the people’s recommendation that McCarthy be remanded to the Chenango County Correctional Facility without bail.
Wentworth told the court that McCarthy has a six month old child and other family he cares for. He said he has a job lined up, and his counsel asked that McCarthy be released on his own recognizance.
Revoir remanded McCarthy back to the CCCF without bail, and he will appear again at a later date.
• George J. Chapman, 53, McDonough, appeared before the court on a violation of probation arraignment. He was represented by Wentworth, and it was determined he has a pending matter in the Town of Norwich Court regarding an aggravated unlicensed operation charge, and operating a motor vehicle without an ignition interlock device.
Chapman’s counsel entered a denial to the allegations against him, and since he had posted the bail levied by the town court and he appeared, defense requested Chapman be released on his own recognizance. The prosecution then requested he be remanded to the CCCF until the next proceeding, stating that he is a potential danger to the community due to the allegations against him.
Revoir remanded Chapman to the CCCF without bail. He is set to appear in court at a later date.
• An arraignment was scheduled for a Jose A. Ortiz-Perez, and a man who was escorted into the courtroom by guards from a New York State prison. But following a line of questioning by Revoir, and checks from both the defense and prosecution, it was found that the man transported from prison to Chenango County Court was not the man wanted.
The man in front of the court stated his name was not the same. “This guy is not me,” he said.
“An inmate from Franklin was mistakenly brought here,” said McBride. “He has now left to continue his sentence,” he said after the man left the courtroom and his identity was verified to not be the man in question.
The warrant was continued by the judge for Jose A. Ortiz-Perez, who is facing a four count indictment, including two counts of criminal possession of a controlled substance in the third degree, class B felonies; criminal possession of a weapon in the second degree, a class C felony; and criminal possession of stolen property in the fourth degree, a class E felony.