Sunday, December 8, 2013
BY BETTY ADAMS Staff Writer
It was the verdict in his third trial; the first two trials ended with the judges declaring mistrials after witnesses either refused or were unable to testify.
The state supreme court issued its unanimous ruling, written by Associate Justice Donald Alexander, on Tuesday.
Jonathan M. Carey, 38, was convicted by a jury on March 16, 2012, of unlawful sexual contact and unlawful sexual touching stemming from an incident in July 2008.
Eight months later, Justice Nancy Mills sentenced him to eight years in prison, with all but four years suspended and four years' probation for the offenses which occurred while three girls were sleeping in the same bed.
"Mr. Carey started with one child, and when she rejected him, he went down the line to the next child," Mills said during the sentencing hearing. "They were children and he took advantage of the situation."
The mistrials were declared in trials held in July 2010 and September 2011.
Carey's appeal to the state supreme court contended that the judge erred in declaring the 2011 mistrial and that another judge -- Mills -- should have granted his motion for a new trial on the grounds of prosecutorial misconduct.
Oral arguments in the appeal were heard last month.
District Attorney Maeghan Maloney argued to uphold the verdict of the jury.
"This case involves a crime of sexual violence against a child," Maloney said on Tuesday. "We appreciate that the court took it seriously and upheld the conviction."
Attorney Robert Sandy represented Carey in the appeal.
Carey is serving his sentence in the state prison system.
Betty Adams -- 621-5631