Child gives explicit testimony in sex abuse trial of Sean Vickers
The first witness this morning in the sexual abuse trial of Sean Vickers, a former Batavia resident, offered testimony that was jarring and explicit.
The child testified that Vickers forced him to perform oral and anal sexual acts.
District Attorney Lawrence Friedman asked a series of questions about the acts, which the child answered in simple, direct language.
Friedman: "What did that feel like?"
The witness: "It didn't feel good. I cried."
That witness and a second child testified to alleged abuse in early Autumn, 2012.
Defense attorney Jerry Ader asked the first witness about family outings with Vickers.
"You had said that Sean (Vickers) bought things for you. Were these purchases just for you?"
"So when you went out with Sean, he paid for those outings?"
"He paid for outings, but I'm really not sure."
Next, Ader switched gears. Reminding the first witness that he had been asked these questions before, right here in Batavia, where the witness had responded that nothing ever happened; also asking the witness if he had said anything to anyone about Vickers, to which the witness responded, no.
"I said nothing happened because I was scared."
After Ader's questions to the witnesses, the DA asked if Vickers had said anything to them. "Do you like it?" "You can't tell anyone" and "You have to promise not to tell anyone" were the responses.
The third witness's memory was a bit shaky at times and Ader masterfully cast doubt as to the credibility of said witness.
"When you were here before in front of the Grand Jury you had said that Vickers told you not to say anything to anyone, yet today you are saying that he said nothing?"
"So, which one is the truth?"
"He didn't say anything."
Friedman countered Ader, asking the witness to think back at the time in 2012 and asked the witness again if Vickers said anything to him and again, the witness again said he (Vickers) did not say anything to him.
However, Friedman also asked the witness if he had said anything to anyone about what Vickers did to him.
"Yes. My Uncle and Dad."
"You didn't tell your Mom?"
The morning's final witness testified that Vickers had spent several weekends in their home as well as a relative's home where the boys had often gone to throughout the Summer, occasionally spending weekends there. The witness also verified that Vickers purchased items for the family, as well as, treated them to outings such as skiing, camping, the zoo, and the movies.
"Whatever the boys wanted, they got."
Friedman asked the witness if Vickers had ever took videos of the boys, whereas the witness affirmed. However, Ader countered that objections to the videos being taken were never voiced, to which the witness concurred. Ader also pointed out that the witness could not definitively say that Vickers was at the residence where the boys spent an occasional weekend, as the witness was not the only person who had dropped them off.
Before the jury entered the courtoom for the morning testimony, Ader objected to the use of two prosecution witnesses. The jury is already aware of the effects of child abuse, Ader argued. Friedman said the expert testimony is necessary for the jury to have a complete understanding of the effects of child abuse. Judge Robert C. Noonan overruled the objection.
The trial resumes at 2 p.m.