ORLEANS COUNTY COURT: Powless' sentence reduced

Your Towns

Discussion

June 3, 2008

By Nicole Coleman<br><a href="mailto:colemann@gnnewspaper.com">E-mail Nicole</a> The Journal-Register Tue Jun 03, 2008, 12:59 PM EDT

ALBION — James H. Powless shaved nearly 20 years off of a 45-year prison sentence Monday after challenging the case in Orleans County Court.

The 54-year-old former Town of Albion man was indicted seven years ago on 34 separate rape and sexual abuse charges for his alleged involvement with a 15-year-old girl. Caught in the act on videotape, he pleaded guilty to felony sodomy and was sentenced to 45 years in state prison.

He challenged the conviction more than a year ago, claiming that a technical aspect of the plea did not include post-release supervision as a sentencing option. The previous case was dismissed, and Powless was brought back in court to face the same charges.

After months of negotiations with the Orleans County district attorney’s office, Powless pleaded guilty — for the second time — to two counts of first-degree sodomy. As part of the plea bargain, he was promised his sentence would not exceed 20 years on each count, to run concurrently.

As the case unfolded, the victim’s family was once again forced to hear descriptions of Powless’ crimes. He physically forced oral sex on the victim Aug. 26, 1999, and Dec. 6, 1999, against her will. The encounters occurred at Powless’ Oak Orchard Road home, where he resided with the victim’s mother, said District Attorney Joseph Cardone.

The victim’s father appeared at sentencing Monday to petition Orleans County Court Judge James Punch to keep Powless behind bars.

“To let him out any earlier than you did before would be a travesty to my daughter,” he said. His greatest fear is that Powless will harm another defenseless girl, he said.

Attorney Thomas Eoannou said Powless has received psychological treatment while in jail. He has also made attempts to make amends with his family, he said.

“I think he is genuinely sorry and remorseful for what he did,” Eoannou said.

When given his turn to speak, Powless echoed Eoannou’s thoughts, making a brief statement of apology to his family and the victims’ family.

“I can’t express enough how sorry I am for what I did to this girl,” he said.

Punch countered Powless’ sentiments, accusing him of feeling nothing for his victim. Punch was forced to watch the tapes in vivid detail, he said.

“It is pretty clear to me you are a sociopathic person who doesn’t have the capability to feel remorse,” Punch said.

Powless was sentenced to the maximum time allowed under the plea bargain — 20 years. He will be 74 years old when he is released; 79 when he is no longer under strict post-release supervision.

An order of protection was granted for the now-adult victim in the case. Powless is to have no contact with her, whatsoever.

He is also ordered to pay a $5,000 fine and a $200 surcharge. A blood test will again register him as a sex offender.

Contact reporter Nicole Colemanat 798-1400, ext. 8227.

Text Only

Your Towns

STRAWBERRY FESTIVAL: Thousands turn out for annual community event The 22nd annual Strawberry Festival brought crowds of all ages to the historic Village of Albion on Friday and Saturday.

The days were filled with music, food and entertainment.
June 16, 2008 6 Photos
MEDINA: Teen drowns at Glenwood Lake At approximately 12:10 p.m. Sunday the body of a 15-year-old male was recovered from Glenwood Lake in Medina. Pending notification of the family, the boys name was not released by officials Sunday evening.

June 8, 2008
MEDINA: Large crowds come out for weekend yard sales, skate jam The warm, sunny weather Saturday made for a successful Medina Community Yard Sale and Substance Free Skate Jam.

More than 60 homes participated in the yard sale, filling tables and tents with goods of all kinds, said Medina Lions Club member Sherry Wheatley — clothes, baby items, kitchen gadgets and books. Everything and anything was up for grabs.
June 8, 2008 2 Photos
MEDINA LIONS: First female president elected; doctor receives “Melvin Jones” award Two milestones at the Medina Lions Club banquet Tuesday created a special evening for all.

June 8, 2008 1 Photo
SUNSET DRIVE-IN: The man behind the movies Arnold Herdendorf can remember every movie played at Middleport’s Sunset Drive-In over the last decade — including the screen it ran on.

June 8, 2008 1 Photo
HABITAT FOR HUMANITY: Plans for next project are underway When volunteers step up to the plate with the Orleans County Habitat for Humanity, they never know just how far the journey will take them.

June 3, 2008 3 Photos
ORLEANS COUNTY COURT: Powless' sentence reduced James H. Powless shaved nearly 20 years off of a 45-year prison sentence Monday after challenging the case in Orleans County Court.
June 3, 2008
ORLEANS COUNTY COURT: McKeon disputes search warrant The new defense attorney for Richard J. McKeon has made it clear that he will actively fight McKeon’s second-degree murder charge.

The battle begins with claims that there are “constitutional” flaws in the initial search warrant.
June 3, 2008
HABITAT FOR HUMANITY: Community helps raise funds for house No. 12 Support from the community — both physically and financially — makes Habitat for Humanity building projects in Orleans County possible, says President Dave Miller.

June 3, 2008
MEDINA ARMORY: Building our future’s history The Company F Memorial Committee is well into the process of collecting donations and preparing for the long-awaited sandstone monument that will be placed at the Medina armory, the current Lake Plains YMCA on Pearl Street.

May 29, 2008 1 Photo
More Your Towns Headlines

Your Towns

Search Results

Discussion

ORLEANS COUNTY COURT: Powless' sentence reduced

Site Map

Contact Us