Accused child molester Jesse Perry will take the witness stand to defend himself against the three remaining counts of first- and second-degree child molestation, it was announced in court Tuesday.
Jesse Perry is led into Superior Court in Providence Tuesday.
Judge Nelli C. Vogel dismissed four counts against Mr. Perry Tuesday after hearing testimony from three witnesses and the victim of Mr. Perry’s nine alleged counts of child molestation and sexual assault. Judge Vogel ruled the state Attorney General failed to align testimony with exact instances when the alleged acts occurred. Two counts were previously dismissed based on similar grounds, leaving the remaining three counts to be judged.
Judge Vogel, reading from a computer screen in front of her, read the trail of accusations as if it were a crime novel, detailing Mr. Perry’s meeting with the victim when he was an eight-year-old playing pee wee football. The victim, who was not in the courtroom on Tuesday, received rides from Mr. Perry to and from football practices, and then was welcomed into the accused’s home where the boy would do homework.
“He became more detached from his own family and moved into (Mr. Perry’s) home as if he was his son,” Judge Vogel read.
Based on the testimony given, she said Mr. Perry was a pedophile who convinced the boy that engaging in sexual acts with him was normal.
During Judge Vogel’s account, Mr. Perry, shackled and handcuffed, often turned to speak to his attorneys, Stephanie Murphy and Robert Craven.
While Judge Vogel — who will decide Mr. Perry’s fate in the non-jury trial — said that the testimony given was “quite compelling,” she acknowledged that “this defendant has the right to know what he is being charged with.” Despite the details of the acts that the victim gave, in order to “weigh and evaluate the trial evidence” to determine guilt or innocence, Judge Vogel determined that for four of the counts before her, the evidence was insufficient with respect to exact time and date that some of the sexual activity occurred.
Judge Vogel allowed prosecutor Shannon Signore to correct her, but Ms. Signore did not come up with a convincing enough rebuttal to alter the dismissals.
The remaining counts — two for 1st degree child molestation during which penetration occurred; and one for 2nd degree child molestation which constitutes sexual touching involving a person 14 years of age or younger, with or without penetration — each carry a maximum sentence of 30 years.
“It is clear to the court that the defendant coerced” (the victim) into sexual acts, Judge Vogel said. She cited Mr. Perry’s alleged temper tantrums, threats of suicide and other “psychological pressure” that he applied to control his young victim.
After dismissing the counts, Judge Vogel called for a recess and, after several minutes, called the attorneys from both sides into her chambers. She did not return to the courtroom, instead setting a Monday, Jan. 5 court date at which Mr. Perry will speak in his own defense.