New York Nursing Home Aide Faces Sexual Abuse Charges...Again
We discussed David Payne in a previous blog. In that case, Payne pled not guilty to two counts of First Degree Criminal Sex Act. Payne was charged with sexually abusing an 89 year-old nursing home resident at Niagra Rehabilitation and Nursing Center in Niagra Falls, New York. He was also a suspect in possible sexual assaults in nursing homes in both Lewiston and Ransomville, New York.
In the Niagra Rehabilitation case, Payne was caught getting out of a patient's bed by another nurse's aide. The aide asked the resident if she was ok and the resident replied "No." The resident said that Payne entered her room, took off his pants, and sexually assaulted her. Payne reportedly told the victim that a doctor wanted to see her, but she never saw a doctor. Payne alleges that the patient's bed alarm was going off and he was readjusting it for her safety.
Those charges were dismissed on January 30, 2009, after evidence presented to the grand jury was ruled insufficient.
On February 28, 2009, Payne pled not guilty to a new indictment accusing him of first degree criminal sexual act and first degree sexual abuse in the same case. This time, the grand jury was presented with testimony from the 89 year old alleged victim. Bail has been set at $10,000.
The Terry Law Firm is experienced in handling cases of nursing home sexual abuse and neglect. Please contact us at 1 (888) 317-2525 or visit us at www.nursinghomejustice.com.
