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March 30, 2018 - 10:01am

Man whose sexual abuse conviction was overturned given time to find new attorney

posted by Howard B. Owens in Pavilion, news, crime.

The case of Beniluis Ruiz, the former Pavilion resident whose sex abuse conviction was overturned on appeal, was continued until April 27 in Genesee County Court this morning. The continuation will give Ruiz time to decide whether he will hire a private attorney to represent him or ask the Public Defender's Office to handle his case.

Ruiz's 2015 conviction was overturned and a new trial ordered after an appeals court found that some parts of an expert witness's testimony was used in a way that implied guilt rather than simply explained the typical actions and responses of child sex abuse victims and perpetrators. 

Assistant District Attorney Kevin Finnell, who prosecuted Ruiz the first time around, told Judge Charles Zambito that if the case were to go to trial, the people are ready for trial.

When the appeals court overturned Ruiz's conviction, the court also ordered Ruiz be released from prison. He was serving the final few months of a four-year term imposed by then-Judge Robert C. Noonan. 

Prior to sentencing in 2015, Ruiz was out of jail under supervision of Genesee Justice. Today, Zambito returned Ruiz to the supervision of the agency and issued a new order of protection for the alleged victim in the case.

At his 2015 sentencing, Ruiz maintained he did not commit a crime.

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