Less than 36 hours after his arrest for raping an underaged girl as part of a mulitple-partner encounter, a convicted sex offender was released Wednesday from jail on the condition he phone a probation officer every day.
James R. Keeney, 30, of 179 Homer Avenue Apt. 11, was convicted of sexually touching an 11-year-old in 2010 and could face 20-25 years to life in prison if convicted of this rape, according to state penal law. Keeney was previously convicted of two felonies, making him a possible persistent felony offender, stated his court-appointed defense attorney Thomas Turturo on Wednesday in City Court.
Citing the bail reform law signed in January, Turturo asked for Keeney’s release in a letter to the Cortland County Court judges and dated Wednesday. Assistant District Attorney Christopher Simser stated in a 3:15 p.m. Tuesday email that he would not oppose Keeney’s release as long as he reported daily to the probation department. Judge David Alexander signed the order.
Under the bail reform legislation, judges may impose “the least restrictive alternative and conditions that will reasonably assure the defendant's return to court,” according to state criminal law.
Turturo asked the court to consider Keeney’s employment in his letter.
“The defendant is gainfully employed, and has a good job with a local lumber company,” Turturo wrote. “My client’s continued incarceration would likely result in his loss of employment.”
Keeney said in a phone interview Monday that he was released because of the new bail reform legislation.
“They just let me out,” he said.
When asked about his 2010 conviction, Keeney asked what that had to do with his current prosecution for rape and noted the incident happened in 2008. Keeney sexually touched an 11-year-old on Nov. 1, 2008, when Keeney was 17, according to state sex offender records.
Keeney refused to continue the interview saying, “I have a life to live,” and hung up.
Keeney had sexual relations with an underaged 16-year-old girl and an 18-year-old woman at the same time on Nov. 29, Thanksgiving weekend, at his residence, according to the Cortland Police Department. Police were notified on Dec. 16 after a tip was left on a child abuse hotline and arrested Keeney after an interview with an investigator on Dec. 23, said Lt. Michael Strangeway.
No weapons, drugs, blackmail or obvious coercion were used against the girl or woman to make them engage in the activities, said Strangeway.
Anyone who suspects a child is being abused sexually or physically, or believes a child is being maltreated, can contact state Child Protective Services at 1-800-342-3720 or the Cortland Police Department at 753-3001.
