Procedural delays cited in dismissal of rape case

By ROGER DUPUIS
TIMES STAFF WRITER

TUESDAY, NOVEMBER 27, 2012

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CANTON — A 2011 rape case against a Massena man was dismissed in St. Lawrence County Court on Monday in response to a defense request on the grounds that the case had not been handled in the timely fashion required under state law.

Massena police on Feb. 7, 2011, charged Kurtis P. Moore, 43 Martin St., with four counts of second-degree rape and four counts of endangering the welfare of a child. They alleged that Mr. Moore, who was 18 at the time, had sexual intercourse with a 14-year-old girl on four occasions from July 1 to Christmas 2010. The girl indicated she had been communicating with Mr. Moore online for about six months, police said.

In a brief proceeding at the end of the court session Monday, Public Defender Stephen D. Button requested dismissal under Section 180.85 of the state’s Criminal Procedure Law, which permits the termination of a felony prosecution case that has not been presented to a grand jury or otherwise disposed of within a year of arraignment.

Judge Jerome J. Richards then looked to Assistant District Attorney Amanda N. Nissen, who did not formally object to dismissing the case. She said the DA’s office had never received the case file. The judge then granted the defense motion.

Mr. Moore was arraigned Feb. 7, 2011, by Massena Village Justice Eric J. Gustafson and released under the supervision of the Probation Department.

Following Monday’s proceedings, Mr. Button said his office was assigned to Mr. Moore’s case on Feb. 22, 2011. In a March 8, 2011, local court appearance, his office waived the matter to County Court to await grand jury presentment, Mr. Button said.

Efforts to reach Ms. Nissen and St. Lawrence County District Attorney Nicole M. Duv� later Monday were unsuccessful.

Mr. Button said Mr. Moore is under the supervision of probation officers on unrelated charges.