Man held on child sex abuse charges
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By PATRICK McARDLE STAFF WRITER - Published: June 23, 2009
BENNINGTON – A New York man is being held on $50,000 bail after his arraignment last week on charges that he sexually assaulted a 12-year-old girl earlier this year at a local home and in New York.
Bernard C. Miner Jr., 40, of Buskirk, N.Y., pleaded not guilty on Thursday in Bennington District Court to felony charges of sexual assault on a victim younger than 16 and lewd and lascivious conduct with a child.
The lewd and lascivious conduct charge carries a minimum penalty of two years.
Miner had been scheduled for arraignment last Wednesday, but because of a conflict with the Bennington County public defender's office the court appearance was delayed for 24 hours.
Bennington Police Detective Lawrence Cole said in an affidavit that he had interviewed a 12-year-old girl in March during an investigation of another alleged offender.
Cole said he asked the girl if she had been sexually assaulted by anyone else and the girl said "Bernie."
According to Cole, he spoke with one of the girl's relatives who said the girl had already told her about the allegation. Cole said he asked why the relative hadn't told police.
"Her response was, 'Bernie's not that kind of guy,'" Cole wrote.
In the affidavit, Cole said he and Vermont Department of Children and Families investigator Melissa Shea interviewed the girl on March 11.
The girl said Miner had touched her during overnight visits at his home and when he stayed at her home in Bennington, according to the affidavit.
The girl's relative confirmed that the visits occurred as the girl described.
Cole said he and a New York state trooper had gone to Miner's home lastTuesday.
According to Cole, Miner admitted in an audio-recorded interview to touching the girl at his home.
While he didn't deny the incident in Bennington, Miner said because he was very intoxicated he didn't remember what happened, Cole said.
In the affidavit, Cole said the girl's relative was at Miner's home during the interview and that Miner apologized to her for touching the girl.
After failing to make bail on Thursday, Miner was taken to Rutland jail.
His previous criminal record in Bennington County includes guilty pleas to charges of domestic assault in 2001 and second-degree aggravated domestic assault with injury in 2003.
If convicted of both charges, Miner could be sentenced to up to 35 years in prison.
patrick.mcardle@rutlandherald.com
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