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Published: February 28, 2007 12:19 am    print this story   email this story  

Defendant in sex crimes trial called a ‘selfish man’

Christian Giggenbach
Register-Herald Reporter

LEWISBURG — Jurors listened intently as prosecutors played a tape recorded confession of the Greenbrier County man on trial for sex crimes against a 5-year-old and a 14-year-old.

Once the jury was out of the courtroom, this prompted Circuit Judge James J. Rowe to ask both sides: “Why are we trying this case?”

Opening statements in the trial of Charles Omechinski III, 21, of Rainelle, were heard Tuesday with prosecutors calling the defendant a “selfish man,” who had sex with both minors “because he wanted to.”

Public Defender Steve Paragamian, with his client facing maximum prison time of over 200 years, said Omechinski only confessed because he was scared and wanted to please the investigating officer.

Omechinski was indicted last year on six counts of first-degree sexual assault of a five-year-old family member and one count of third-degree sexual assault of 14-year-old female neighbor.

Sheriff’s deputy Adam Martin testified that Omechinski willingly came to Rainelle City Hall last summer and openly discussed sex allegations made against him by Child and Youth and Advocacy Center officials.

Martin said Monica Accord, a CYAC forensic interviewer, contacted him after the 5-year-old implicated Omenchinski in several sex crimes. Martin then met and spoke with the child at the Robert C. Byrd Clinic in Lewisburg.

Assistant Prosecutor Steve Dolly played the taped confession for jurors and supplied a transcript copy for them to read.

Some jurors winced as the defendant described sex encounters with the five-year-old at their home in Rainelle.

During the interview with Martin, Omechinski appeared to be putting blame on the victim by saying she was the aggressor in some instances.

“I remember back before Christmas ... she came onto me,” Omechinski said on tape. “She comes to me and she took her clothes off and she was in her bed and she crawled up on me. She said ‘I want you to do something for me.’”

On the tape, Omechinski is heard confessing to about 10 different sexual encounters with the child, some concerning oral sex. Omechinski was also heard saying he “did not enjoy the sex,” and “didn’t realize what the consequences were.”

Martin also testified that Omechinski confessed that same day to having sex with a 14-year-old female neighbor.

Prosecutors entered into evidence a condom allegedly used by the defendant during the crime. Martin gathered the condom for evidence after Omechinski took him to the abandoned house where the alleged sex crime took place.

After the jury had been dismissed for the day, Judge Rowe asked prosecutors what type of plea agreements had been made in the case.

“In particular, after what I heard this afternoon,” Rowe said. “Why are we trying this case?”

Dolly said Omechinski rejected a plea agreement during a pretrial hearing where he would have pleaded guilty to three felonies and faced 31-75 years in prison.

Prior to the beginning of the trial on Tuesday, another offer was made adding another felony and upping the prison time to 36-80 years. That was also rejected by Omechinski.

Rowe then subtly suggested that the two parties work out some type of agreement.

“The door is not locked,” Rowe said. “It’s never too late to resolve differences.”

The trial continues today with the expected testimony of the 5-year-old and 14-year-old.

— E-mail:

cgiggenbach@register-herald.com

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