Tuesday February 12, 2013

KEITH WHITCOMB JR.

Staff Writer

BENNINGTON -- A judge has ordered an elderly man convicted Jan. 31 of sexually assaulting a developmentally disabled woman in 2007 to post bail if he plans to live in New York with his son.

Warren Breed, 78, was arraigned last year on charges of sexual assault -- no consent, and sexually exploiting a vulnerable adult, which he was later convicted of after a two-day trial. He had been living with his nephew in Derry, N.H., while the case was pending. After being convicted, Judge Cortland Corsones released him on conditions that he abide by a 3 p.m. to 10 a.m. curfew at the Derry home. The state objected, arguing Breed should be held without bail because the sentences on the charges are an incentive for him to flee, and on Monday a hearing was held where new conditions were argued.

Deputy State's Attorney Christina Rainville argued that Breed should be held and objected to the proposal that he reside with his son, Warren Breed Jr., in Clifton Park, N.Y., on the grounds that Breed would be living with disabled family members with conditions similar to his victim.

Breed's attorney, Jeff Rubin, called Warren Breed Jr. to the witness stand where he testified that he would have no problem calling police on his father should he violate any court conditions. He said while some in his household have been classified as disabled, they are not "vulnerable."

Corsones said if Breed was going to live in New York with his son he would have to post $1,000 on a $10,000 bail bond. He gave Breed until Wednesday to do so when another hearing is scheduled. Until then, Breed can live with his son in Clifton Park so long as he is under a 24-hour curfew. Should he leave the residence, he must be within sight of his son.

Police said in 2007 a woman in Bennington who resided in the same apartment complex as Breed accused him of sexually assaulting her after he invited her to come to his place for help with something. She did not follow up on the complaint until 2012. Prosecutors argued that Breed lured her there with the intention of assaulting her while Breed's attorney said it is possible the woman misremembered the incident as being assaultive rather than being simply awkward and embarrassing.