The Daily Gazette - Schenectady, NY
Daily Gazette

Teacher from Schenectady County convicted of sexual abuse, endangering
Thursday, September 18, 2008

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— A teacher from Schenectady County was acquitted of felony sex charges but convicted of two misdemeanors tonight in Washington County Court.

Kason O’Neil, 26, of Jennifer Road, Glenville, was convicted of endangering the welfare of a child and third-degree sexual abuse. He was acquitted on 12 other counts, including felony charges of rape and committing a criminal sexual act. He had originally been charged with 21 counts, but County Court Judge Kelly McKeighan dismissed seven of them on defense motions during the course of the trial — five after the end of the prosecution case, and two at the end of the defense case.

O’Neil, a physical education teacher and track coach at Hudson Falls High School, was accused of having a sexual relationship with a member of the track team when she was age 14 and 15. He has been on unpaid leave since earlier this year.

The girl, now 17 and a senior at another school, testified during the trial. So did O’Neil, denying the charges.

O’Neil remains free on $100,000 bail. The judge set an Oct. 17 sentencing date. O’Neil could be sent to jail for up to a year for the endangering conviction, and three months for the sexual abuse.

Defense attorney Terry Kindlon said, “We’re very grateful for this verdict.” He also said the defense would appeal the convictions, and that “Until they’ve been eliminated, he [O’Neil] won’t be teaching.”

The Washington County district attorney’s office did not respond to requests for comment.

The victim did not accuse O’Neil when she was a student at Hudson Falls, but told her counselor about the abuse earlier this year, which prompted a state police investigation and the arrest of O’Neil.

The jury had been deliberating for more than three days, and on Thursday afternoon had told the judge they were deadlocked. Most of the prosecution evidence in the case came from the testimony of the victim.

New York penal law defines endangering the welfare of a child as when someone “knowingly acts in a manner likely to be injurious to the physical, mental or moral welfare of a child less than 17 years old.”



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