N.Y. man out on bail after lewd, lascivious court date

MIDDLEBURY — A Port Henry, N.Y., man was released on $10,000 bail on Tuesday, May 12, after pleading innocent in Addison Superior Court, criminal division, to a felony charge of lewd and lascivious conduct with a child, stemming from an alleged incident in Cornwall a year ago.
Kevin D. Scott, 36, faces a prison sentence of two to 15 years and/or a fine of up to $5,000 if he is convicted on the charge.
It was this past Jan. 9 that Det. Sgt. Ruth Whitney of the Addison County Unit for Special Investigations and a Vermont Department of Children & Families official interviewed the alleged victim, who was 13 years old at the time of the incident, according to court records.
The girl told investigators that Scott was a family friend and that her mom had invited him and his father to do some work on the family’s Cornwall home during the spring of 2014, according to Whitney’s court affidavit.
“(The victim) said that she found Scott easy to talk with and she enjoyed spending time with him,” the affidavit states.
Scott and his father lived with the family while working on the home, according to court records.
“Because neither Scott had a valid license, (the victim’s mother) allowed (the defendant’s father) and Kevin Scott to spend the night at their house,” the affidavit states. “(The victim’s mom) allowed Kevin Scott to sleep in (her daughter’s) bedroom on a mattress on the floor while (her daughter) slept in her bed in the same room.”
The victim told authorities that Scott kept complaining about his back hurting, whereupon she offered to massage his back while he was on the mattress, according to court records.
“Scott then started French kissing with (the victim),” the affidavit states. “(The victim) said that she ‘freaked out’ and went back to her bed. Scott told her that it was okay and asked her to try it again and she did.”
At that point, Scott began caressing her breasts with his hand under her clothing, touched her private area over her underwear and grabbed her buttocks under her clothing, according to court records.
“After Scott touched her breasts, (private area) and buttocks, he told her not to tell anyone because it would ruin his life,” Whitney’s affidavit states. “The next day, Scott told her again not to say anything.”
Later that spring, the victim and other family members spent a night at Scott’s home in Port Henry, according to court records. She alleged to police that on that stay, Scott again kissed the girl and touched her in the same manner as he had allegedly done in Cornwall. But this time, Scott allegedly also gave the girl some alcohol that the girl would later say made her “intoxicated.”
The victim also told authorities about another stay at Scott’s home, during which he allegedly had her handle his genitals, according to court documents. Scott also allegedly asked the girl to perform oral sex on him, but she refused, according to the affidavit.
Scott, according to court records, also allegedly paid the girl $25 for Ritalin medication that she had been prescribed but had never consumed.
The victim’s mom confirmed to authorities that she had allowed Scott to sleep in her daughter’s room on a mattress on the floor and that her daughter had admitted to giving her Ritalin medication to Scott, according to court records.
“(The victim’s mom) also advised that (her daughter) had told her that Scott had given her some alcohol and she confronted Scott about it,” the affidavit states. “Scott’s response was that it was okay, it was just a little.”
Authorities interviewed Scott on Feb. 3, 2015, during which he denied having touched the girl in a sexual manner, denied having taken her Ritalin, and denied having slept in the girl’s bedroom in Cornwall, according to Whitney’s affidavit. Police interviewed Scott’s father on Feb. 4, 2015. He claimed that his son had slept on a mattress in the living room and said the girl had a crush on Scott and “followed him around all the time,” according to court records.
Scott was originally slated for arraignment back on March 30. But he did not appear then, nor on two subsequent dates on which his appearance had been rescheduled, according to the Addison County State’s Attorney’s Office.
Addison County Superior Court Judge Robert Mello issued a warrant for Scott’s arrest earlier this month. Vermont authorities picked Scott up at the Essex County, N.Y., jail on May 12 and brought him to Addison Superior Court for arraignment. Judge Mello set bail at $10,000 with a number of conditions — including that he have no contact with the alleged victim. Scott posted bail through a bail bondsman and was released following his court date. He is scheduled to appear for a status conference on June 15.

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