Man seeks dismissal of abuse charges; attorney says client has brain damage

DEKALB JUNCTION — A Gouverneur man accused of repeatedly fondling several girls wants charges against him dropped because he says a medical condition contributed to his actions.

Robert D. Storie, 59, was charged in October with several counts of misdemeanor sexual abuse and child endangerment.

Attorney Seth B. Buchman, representing Mr. Storie, said in court documents that his client had a brain tumor removed by 1980. The tumor that was removed has raised questions of Mr. Storie's intent, Mr. Buchman said.

"Because he has brain damage, he didn't have the capacity to form intent," Mr. Buchman said Thursday. "You have to have intent to commit a crime."

Mr. Buchman also wants Mr. Storie to be examined by a psychiatrist.

St. Lawrence County Assistant District Attorney Victoria M. Esposito-Shea said that the motion has no merit and that the charges shouldn't be dismissed. DeKalb Town Justice Howard P. Putney will issue a ruling on the motion soon.

The same motion also was filed in Gouverneur Town Court, Mr. Buchman said. No ruling has been made by that court.

Mr. Storie is accused of fondling the girls, ages 15, 14 and 12, after coaxing them to hug him while attending Richville Baptist Church or while they visited his Clinton Street home, state police investigators said. The incidents allegedly started two years ago and continued to late September.

Mr. Storie was convicted in February 2003 in Gouverneur Village Court of third-degree sexual abuse, the St. Lawrence County district attorney's office said. He was charged in October 2002 by Gouverneur village police with third-degree sexual abuse and child endangerment after he allegedly had sexual contact with a 14-year-old girl.