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| Alexander Nicholson |
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09/14/2011
By Jim O'Hara
Syracuse - A former Onondaga County Sheriff's deputy is facing two years in state prison after pleading guilty today to engaging in sex with an underage boy.
Alexander Nicholson, 35, of 134 Dewey St., Syracuse, pleaded guilty before County Judge Joseph Fahey to one felony count of second-degree criminal sexual act.
He admitted engaging in an act of anal sexual conduct with a 14-year-old boy sometime between July 12 and Aug. 31, 2007.
That was one of 36 counts in an indictment accusing Nicholson of abusing his authority as a law enforcement officer to engage in sexual encounters with two underage boys. Authorities said the sexual incidents occurred while Nicholson was off duty.
Chief Assistant District Attorney Matthew Doran told Fahey the family of one of the victims had consented to the disposition but the second victim had declined to talk to the prosecutor or his investigator.
But the lawyer representing the first victim is now also representing the second victim and he reported the second family also now consented to the disposition, Doran told the judge.
Nicholson could have faced up to seven years in state prison for the most serious Class D felonies lodged against him. But the plea deal calls for Fahey to sentence Nicholson to two years in prison.
Defense lawyer Emil Rossi asked that Fahey recommend Nicholson serve that time in a protected facility because of his background as a law enforcement officer. Law enforcement officers convicted of crimes generally are directed to serve their time in the state prison facility in Dannemora which has a protective unit for vulnerable inmates.
- Why? The average citizen doesn't get protective custody, so why should he?
Fahey scheduled sentencing for Nov. 16.
Rossi had no comment as he left court with Nicholson and the defendant's family.
Doran said authorities had investigated a number of tips and generalized complaints about Nicholson after he initially was arrested. But officials found no evidence of any other victims besides the two boys covered by the indictment, the prosecutor said.
Doran also said he believed the two-year state prison sentence was an appropriate penalty. He noted first-time offenders like Nicholson often are sentenced to straight probation or probation with some local jail time.
- This is not true. Non-police officers usually get more than two years in prison for what he did, but he's a "Good Ole' Boy," and they protect their own, or go lightly on them.
The case also could have civil ramifications.
Lawyer Robert Lahm said he has filed a notice of claim with the county on behalf of the first victim and will be preparing one for the second victim as well. That preserves their rights to sue the county for money damages stemming from the deputy's sexual contact with the victims.
