Observer Photo by Gregory Bacon Dustin Post, seated, talks to Public Defender Nathaniel Barone.

By GREGORY BACON

gbacon@observertoday.com

MAYVILLE – Using difficult and graphic language, Chautauqua County Assistant District Attorney Tracy Brunecz looked at the members of the jury and summarized the crimes allegedly committed by Dustin Post.

The accusations included oral and penetrative intercourse involving seven children ages ranging from 1-12 years old, using different “games” so he could blindfold them, manipulate them, pretending to urinate outside so he could expose himself, and in one instance telling a child that Post’s own son was kidnapped and he needed her help to make a sex tape so his son could be freed.

Brunecz told members of the jury that Post had confessed to the crimes, but that it was not corroborated. “His confession is not good enough by law,” she said.

She told jurors they would get first-hand evidence of what had happened, including videos and audio recordings.

After her opening, Public Defender Nathaniel Barone decided not to give an opening statement. During one of the breaks, Barone discussed the decision. “Strategic reasons. I can’t really get into it all … but it’s all from strategic purposes,” he said.

MOTHER IS FIRST WITNESS

The first person to take the witness stand was a mother of multiple children who lives in Bear Lake, Pa. She previously lived in Cassadaga when she met Post, who at the time worked at a Fredonia area gas station and convenience store.

The two met when she would stop by his place of work, purchasing food and drinks. She said they never dated, instead saying they were “friends, building up to a relationship” but that never happened.

One day Post invited the witnesses’ daughter to attend a birthday party for one of his nieces. She eventually agreed.

Shortly after the birthday party, the woman and Post stopped talking, but she didn’t sound surprised and thought a decision was made that they were moving on.

A year later, the mom found a pornographic image on her daughter’s phone and that led to a conversation with her then 8-year-old daughter where she learned about Post sexually abusing her in 2018.

DAUGHTER IS SECOND WITNESS

After the mother’s testimony, her child took the stand.

The girl, who is now 11, took the oath of office. She had a child advocate by her side, but sat alone in the witness box.

She discussed her favorite and least favorite subjects, and who some of her friends are.

As time went on she was asked specifics about how she met Post and what happened the day of the birthday party. While discussing the events of the day, the girl shifted back and forth in her seat, but spoke clearly, using “yes” or “no” instead of simply nodding or shaking her head.

At one point, the girl was asked to go over the incidents that took place at that birthday party in August, 2018. She gave details about how she ended up at Post’s home in Fredonia and then described the abuse.

They later went to the party and then afterward Post allegedly sexually abused her a second time in the same manner as the first, this time on an outdoor trail.

She told the court Post showed her a photograph of her being abused on his cell phone.

She said she never told her mother about the events of the day for over a year.

The defense asked the child about how this pornographic image ended up on her phone. She said she didn’t know where it came from but found it after an adult male friend of her mother’s borrowed it.

After the child told her mother what had allegedly happened with Post, they went to the State Police barracks in Fredonia. Later she met with representatives with the Child Advocacy Program.

INVESTIGATOR IS THIRD WITNESS

After the testimony of the mother and her daughter, Paul Landwehr, a retired investigator from the State Police took the oath. He had been with the State Police for 17 years, and had served in law enforcement with other agencies before that.

When Landwehr learned of the abuse, he and another trooper went to talk to Post. During their conversation, Post resisted saying he abused the girl who now lives in Bear Lake, however he did talk about having child pornography and committing other sexual abuse. He turned over to police flash drives, his cell phone and his laptop computer.

Post has already been convicted on federal child pornography charges. In February 2022, when he was 26 years old, Post was sentenced up to 50 years in prison.

The conversation between Post and Landwehr was recorded and played for members of the jury. At that time, Post was not given his Miranda rights.

Days later the conversation continued at the State Police barracks. At that time, Post was read his Miranda rights and discussed over a six-hour period how he had abused nine girls.

Because this trial only involves seven victims, Judge David Foley would not allow into evidence any discussion on the two other potential victims.

At 4:20 p.m. he also called for the trial to be dismissed for the day and for the trial to resume Friday at 9:30 a.m.

JUROR DISMISSED

The 12-member and four alternate jury is already down one person.

It was announced before the jury was seated that one member had tested positive for COVID earlier in the week. She could test again Friday, but there was no guarantee she would be recovered by then. Because of that Foley said he would dismiss the juror and move one of the alternates in her place.

There are eight women and seven men who are seated in the jury box.