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Judge unwilling to move forward with sentencing after reading pre-sentence report

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MASSENA - A Massena man scheduled to be sentenced following his plea in a domestic dispute incident instead had his case placed back on the trial calendar after the local justice read a pre-sentence investigation prepared by the St. Lawrence County Probation Department.

John L. Rogers, 54, of 15 Burney Ave., Massena, had pleaded guilty to a misdemeanor assault charge in a plea bargain agreement that satisfied a fourth-degree criminal mischief count stemming from that same incident on Oct. 24.

The Massena man had initially been charged with a felony assault count following a domestic incident last fall, but pleaded guilty to a reduced count in May in a plea bargain agreement with the district attorney’s office.

The St. Lawrence County District Attorney’s Office filed a motion to have a felony second-degree assault count reduced to a misdemeanor charge of third-degree assault and returned to Massena Village Court.

Acting Massena Village Justice James M. Crandall said he was unwilling to move forward with sentencing after reading in the pre-sentence report that Rogers took no responsibility for his actions and suggested the incident didn’t even happen.

Defense attorney Denise (Goodrich) Smith opposed the court’s decision to vacate the plea.

Village police had charged Rogers with a felony count of second-degree assault and fourth-degree criminal mischief following an investigation into a domestic dispute.

He reportedly went to 45 Pine St. to pick up his belongings and became involved in an encounter that turned physical. Rogers reportedly pushed Tina Hannah into a cabinet in the kitchen and bumped into her, resulting in a crock pot falling out of her hands and breaking. Court documents indicated Hannah injured her left leg and fractured her left foot during the incident.

In other recent court action before Judge Crandall:

• Trista Ladue, 21, of 14 Malby Ave., Massena, was sent back to the St. Lawrence County Correctional Facility with bail continued at $2,500 cash or $5,000 bond on two counts of second-degree criminal possession of a forged instrument.

St. Lawrence County Assistant District Attorney A. Michael Gebo told the court the charges pending in Massena will be satisfied by a plea Ladue is expected to make this week in St. Lawrence County Court.

He said Ladue is expected to plead guilty under superior court information to a felony count of first-degree promotion of prison contraband, with the expectation that she would be sentenced to one year of interim probation.

Mr. Crandall pointed out Ladue had failed when released under probation supervision from his court.

Ladue is represented by Ms. Smith.

“She understands she has a felony conviction hanging over her head,” the defense attorney told the court.

• Joshua A. Reedy, 23, of 110 Maple St., Apt. B, Massena, admitted he had violated the conditions of his probationary sentence by leaving the county without notifying the probation department.

Mr. Crandall directed the probation department to schedule a pre-sentence investigation and set sentencing for Nov. 19. The town justice sent Reedy back to the county jail with bail continued at $1,000 cash or $2,000 bond.

“My client is expecting a period of incarceration,” St. Lawrence County Assistant Public Defender Alison B. Appleby acknowledged.

Massena-based state police picked up Reedy Aug. 11 on an arrest warrant dating back to 2010 charging him with fifth-degree criminal possession of stolen property.

Reedy allegedly sold two video games to Game Stop at the St. Lawrence Centre mall in July 2010. The games had been reported stolen by his stepfather, Matthew A. Martin.

Mr. Crandall had also signed a bench warrant in August 2010 alleging the Massena man had violated the conditions of his probationary sentence for a forcible touching conviction in Oneida County. His probationary supervision had been transferred to St. Lawrence County.

Reedy had been charged with forcible touching and endangering the welfare of a child following a brief investigation into an incident in January 2010 when he traveled to Oneida County and spent three days with a 14-year-old female he had been involved with in an online relationship for a period of time. He was 19 at the time. Police alleged he had sexual contact with the minor when he was visiting Oneida County.

He had been sentenced to three years of probation in March 2010 after pleading guilty to the forcible touching count. Probation officials, in a memorandum to the court, had alleged Reedy violated that sentence by committing a new offense - the stolen property charge - and by leaving the state without the permission of the probation department. He reportedly moved to Ohio. He was incarcerated at one time at a correctional facility in Ohio after he left Massena.

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