Sentence stands in child sex assault case
Reconsideration of a sentence for a Corry man facing years in state prison for sexually assaulting an 8-year-old has been denied.
The motion was before Judge Gregory Hammond on Friday in the case against Breydan Olander, 19.
He was sentenced last month to between two and seven years in state prison on a count of indecent assault.
“That’s an 8-year-old,” Hammond told Olander at sentencing. “A second grader.”
He berated Olander for his attempts to keep the victim silent, noting he told her she would get in trouble if she said anything.
“You let her suffer in that home,” he said. “I can’t imagine that suffering for her.”
On Friday, Olander’s attorney, Chief Public Defender Mike Kitay, asked that the court reconsider its decision and he included letters from Olander, his father and step-mother.
Hammond asked Kitay if he read them and still provided them as the father’s letter blamed the defendant’s mother for his conduct and the step-mother’s letter did too, also blaming Olander’s fiance for his conduct.
He said Olander’s letter states that he will accept the time that Hammond handed down “but he’s not doing that” in light of the motion to reconsider.
Assistant District Attorney Tatiana Malys said the sentence is “more than appropriate” and reviewed the actions that serve as the basis for the case.
Olander “had a chance to show remorse and he never did,” she added.
Hammond detailed that he sentenced Olander outside of the sentence guidelines for three reasons — the nature of the conduct, the age of the victim and the defendant taking advantage of circumstances “to coerce her silence.”
He said Olander took responsibility in his post-sentence letter but not in court with the victim present. He said it was “stunning” that Olander had no comment at sentencing.
Regarding the letters from family, Hammond aid it was “probably a good thing I didn’t” have them at sentencing, noting homophobic comments in the step-mothers letter which, Hammond said, wouldn’t “make any brownie points with me.”
“Everyone wants to blame this defendant’s mother rather than what he did,” he added, calling Olander’s conduct “outrageous” in denying the motion.