A Marathon man facing two potential life sentences for sexually abusing a minor in Cortland and Broome counties requested bail be set at $5,000 at a hearing today in Cortland County Court.
Mitchell L. Padbury, 61, of 35 Mill St., committed sexual acts on an underage female dozens of times between the fall of 2014 and the fall of 2015 in Cortland and Binghamton, according to the Cortland and Binghamton police departments.
Judge Julie Campbell stated this afternoon she would consider the bail request and render a written decision at a later date.
Chief Assistant District Attorney Christopher Simser, Sr., opposed Padbury’s request, noting he is being prosecuted in two counties on for sexual abuse.
“The allegations are disturbing, if not heart breaking,” said Simser, adding the District Attorney’s office takes these charges very seriously.
If convicted in both counties of the top count of predatory sexual assault against a child, Padbury could face two sentences of 25 years to life in prison, according to state penal law.
Simser requested that if bail were set, it would be set at $50,000 cash, $100,000 bond or $200,000 partially insured bond.
Defense Attorney Jamie Dening noted that the allegations are very serious, but the purpose of bail is only to ensure a defendant returns to court. Padbury is a military veteran who has lived in the community throughout his civilian life, said Denning, adding the accusations stem from incidents five years ago.
“The allegations are several years old,” he said.
However, Padbury has failed to appear in court before, said Simser.
Police searched for three weeks for Padbury after the abuse was reported on April 17th at the Cortland Police Department, said city police Lt. Michael Strangeway on May 7. Padbury was found May 5 in Marathon and arrested later that day after giving a statement at the city police state at 25 Court St., said Strangeway.
Padbury was charged with with predatory sexual assault against a child, course of sexual conduct against a child and first-degree incest, felonies. He is currently remanded to jail.