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Lyons Falls man acquitted of sex abuse charges
By STEVE VIRKLER
TIMES STAFF WRITER
SATURDAY, OCTOBER 11, 2008
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LOWVILLE — A Lyons Falls man on Friday was acquitted by a Lewis County jury of having sexual contact with two juvenile girls.

Following an approximately two-hour deliberation Friday afternoon, jurors found Gale E. VanAlstine Jr., 40, innocent of first-degree criminal sexual act, first-degree sexual abuse and two counts of endangering the welfare of a child. He had been charged with having sexual contact with two young girls in June 2007 in the town of Greig.

"He's thrilled, and he's grateful to the jury's service," defense attorney Donald R. Gerace, Utica, said of his client. "I'm pleased that the jury system works."

Mr. VanAlstine also is relieved with this conclusion to the five-day trial and a yearlong ordeal that included being laid off from his job, he said.

During closing statements, Mr. Gerace argued that the two girls had their stories "drilled into them" by their mother, insinuating that it stemmed from a custody dispute. He suggested there were inconsistencies and "loads of reasonable doubt" in their testimonies.

The woman also continued to leave "love notes" for Mr. VanAlstine even after police had taken the girls' statements, Mr. Gerace said. "Does that make any sense whatsoever?" he said.

District Attorney Leanne K. Moser argued that poor parenting shouldn't be held against the girls.

"Do not be sidetracked by smokescreens," Ms. Moser told jurors. "They told you all you need to know. They are your proof beyond a reasonable doubt."

She also argued that young children don't remember specific dates, but events and other details surrounding them.

The trial was presided over by County Judge Charles C. Merrell.

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