Monday, August 18, 2008

Judge to ex-pastor: 'You lied'

By ROCCO LaDUCA
Observer-Dispatch
Posted Feb 29, 2008 @ 05:25 PM
Last update Feb 29, 2008 @ 05:27 PM

UTICA — When the Rev. William Procanick put his hand on the Bible during his sex-abuse trial in Oneida County Court earlier this year, he swore to tell the whole truth and nothing but the truth.

But as the former Clinton pastor was sentenced Friday to three years in prison for inappropriately touching a 7-year-old girl at his home last March, Judge Michael L. Dwyer said Procanick sacrificed his honesty the day he testified.

“As a minister of God, you got on the stand and you lied,” Dwyer told Procanick, the 54-year-old former pastor of Resurrection Assembly of God church on Kirkland Avenue.

A jury found Procanick guilty Jan. 22 of first-degree sexual abuse and endangering the welfare of a child.

Dwyer said he believes Procanick was being honest when he told the girl's mother in a recorded phone call that he was wrong to caress the girl's body while she was trying to fall asleep.

However, Procanick instead testified in court that he did nothing wrong other than spend time alone with the girl, who was a friend of the family, Dwyer noted.

If Procanick had accepted responsibility from the beginning instead of straying from the truth, Dwyer said, Procanick would likely have faced a lesser punishment and possibly avoided jail time.

“The truth would have set you free,” Dwyer said. “You had a chance to be a man and say, 'I made a mistake.' But as always, the cover-up is much worse than the original crime.”

Procanick's defense attorney, George Aney, noted that Procanick still received a sentence less than the maximum, which was up to seven years in prison.

“It's considerably less than the maximum, but considerably more than he deserved,” Aney said.

Aney also took issue with how Dwyer and the victim's mother used harsh language to attack Procanick's Christian values.

“You are just an evil man,” the victim's mother said Friday in court. “You lied, and you had your wife lie. And all these people who showed up in court to support you, did you lie to them, too?”

The Observer-Dispatch does not identify sex-abuse victims and their families.

The victim's mother said her daughter is still waking up scared at night because of what happened, and she continues to see a therapist. The young girl also feels that everybody is mad at her, the mother said.

Assistant District Attorney Doug DeMarche Jr. then read a note written by the girl, who did not appear in court Friday.

“Bill made me sad and scared,” DeMarche read. “I thought I did something wrong, because I trusted him.”

Dwyer gave Procanick an opportunity to speak in court, but Procanick had nothing to say to the victim and her family.

Aney did not plan to speak in court, he told Dwyer, but he felt obligated to respond to what the victim's mother said about Procanick and his wife.

“I believe she shows her own lack of Christianity by referring to people as liars,” Aney said.

After the sentencing, Aney further commented about what was said in court.

“I respect Judge Dwyer for what he said this morning, but I have to say I disagreed with him,” Aney said. “I have every right to express my feelings, and my feelings are that we are not permitted to call anybody a liar. That's a judgment someone higher than I makes.”

DeMarche, however, said he can understand why the girl's mother spoke of Procanick in such harsh terms.

“She had a lot of faith and trust in Mr. Procanick, and he violated that trust,” DeMarche said. “I think she's justified in being angry.”

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