JUDGE OVERRULES PSYCHIATRISTS IN CHILD SEX ABUSE CASE
October 25, 2019
QUEENSBURY — Two psychiatrists concluded recently that an accused child sex molester is unable to assist with his own defense, but the man's lawyer said his issues were just problems with his former lawyer and that the prosecution against him should continue.
Warren County Judge John Hall agreed, and found that the case against Brandon M. Frasier, 26, of Johnsburg, can continue.
Frasier faces a felony charge of first-degree sexual abuse for allegedly having sexual contact with a 7-year-old with whom he was acquainted last December.
The case against him had been adjourned for several months for psychiatric exams after a lawyer who formerly represented him raised questions about whether Frasier understood the case against him and could assist with his defense.
Two examinations were done, and both led to the conclusion Frasier didn't understand the case and couldn't assist with his defense. That could have resulted in Hall adjourning the case indefinitely while Frasier received mental health treatment. The prosecution could resume if he was found fit to stand trial.
A conference in Frasier's case was held Wednesday, and Frasier's lawyer, Robert Kelly, said he believed Frasier's issues stemmed from differences with his former lawyer. He said he found his client intelligent and able to understand the case. He pointed out one of the psychiatrists also concluded that Frasier had "average" intelligence.
Hall agreed, and found that the case should continue.
"It sounds like it was a bad match with his attorney," Hall said in court. "I find he is not an incapacitated person."
Frasier is mulling a plea deal that would require him to plead guilty to first-degree sexual abuse and serve a 2.5-year prison sentence and 10 years on parole.
Kelly said Frasier has been in jail since his arrest by Warren County sheriff's officers in January and asked that he be released. Hall turned down the request and said a conference would be held in the case next week, at which bail could be discussed.
Frasier is being held in Warren County Jail, pending further court action.
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