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Judge scolds Brasher man for chauvinism in attempted rape sentencing

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CANTON — A Brasher man has been sentenced to interim probation on an attempted rape plea, but not before St. Lawrence County Judge Jerome J. Richards reprimanded him for chauvinism.

Kyle E. Simon, 19, of 266 Driscoll Road, Brasher, received one year of interim probation after pleading guilty Oct. 15 to a reduced count of second-degree attempted rape, a class E felony, in a deal reached with the district attorney’s office.

On Nov. 21, 2012, Mr. Simon, then 18, had sexual intercourse with a 15-year-old girl. He had been indicted by a St. Lawrence County grand jury on charges of second-degree rape and endangering the welfare of a child for allegedly giving the girl marijuana.

In St. Lawrence County Court on Monday, Judge Jerome J. Richards said he was disturbed by Mr. Simon’s Facebook postings.

“The defendant has some real issues about the equality of women and how they should be treated,” Judge Richards told Mr. Simon’s attorney, St. Lawrence County Public Defender Stephen D. Button.

The judge said that Mr. Simon was the “proverbial male chauvinist pig,” and read several of the postings.

“‘I thought that since she was in high school, she would be fair game,’” Judge Richards read, sounding appalled. “What?”

Mr. Button told the judge that the “chauvinistic postings” were lyrics by the rap music performer Jay-Z. He said Mr. Simon’s mother had spent significant time away from him in state prison, denying him a female role model in the home. The public defender said the crime was a youthful mistake.

Judge Richards responded: “It is a mistake generated by his attitude, and that has to change. There is no defense for him.”

Opposing youthful offender status for Mr. Simon, Assistant District Attorney Lloyd G. Grandy recommended that he be tried as an adult and serve time in state prison.

“What we are talking about is an 18-year-old and a 14-year-old who was out of her parent’s home at a sleepover … and he preyed on her,” Mr. Grandy said.

In addition to his interim probation sentence, Judge Richards requested that the probation department try to get Mr. Simon into a sex offender program.

“I expect you to be an A plus student and grasp the ideas taught there and incorporate them into how you treat women in everyday life,” Judge Richards said.

Final sentencing was adjourned to Nov. 17, 2014.

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