Published: June 03, 2008 12:59 pm         

ORLEANS COUNTY COURT: Powless' sentence reduced

ALBION — James H. Powless shaved nearly 20 years off of a 45-year prison sentence Monday after challenging the case in Orleans County Court.

The 54-year-old former Town of Albion man was indicted seven years ago on 34 separate rape and sexual abuse charges for his alleged involvement with a 15-year-old girl. Caught in the act on videotape, he pleaded guilty to felony sodomy and was sentenced to 45 years in state prison.

He challenged the conviction more than a year ago, claiming that a technical aspect of the plea did not include post-release supervision as a sentencing option. The previous case was dismissed, and Powless was brought back in court to face the same charges.

After months of negotiations with the Orleans County district attorney’s office, Powless pleaded guilty — for the second time — to two counts of first-degree sodomy. As part of the plea bargain, he was promised his sentence would not exceed 20 years on each count, to run concurrently.

As the case unfolded, the victim’s family was once again forced to hear descriptions of Powless’ crimes. He physically forced oral sex on the victim Aug. 26, 1999, and Dec. 6, 1999, against her will. The encounters occurred at Powless’ Oak Orchard Road home, where he resided with the victim’s mother, said District Attorney Joseph Cardone.

The victim’s father appeared at sentencing Monday to petition Orleans County Court Judge James Punch to keep Powless behind bars.

“To let him out any earlier than you did before would be a travesty to my daughter,” he said. His greatest fear is that Powless will harm another defenseless girl, he said.

Attorney Thomas Eoannou said Powless has received psychological treatment while in jail. He has also made attempts to make amends with his family, he said.

“I think he is genuinely sorry and remorseful for what he did,” Eoannou said.

When given his turn to speak, Powless echoed Eoannou’s thoughts, making a brief statement of apology to his family and the victims’ family.

“I can’t express enough how sorry I am for what I did to this girl,” he said.

Punch countered Powless’ sentiments, accusing him of feeling nothing for his victim. Punch was forced to watch the tapes in vivid detail, he said.

“It is pretty clear to me you are a sociopathic person who doesn’t have the capability to feel remorse,” Punch said.

Powless was sentenced to the maximum time allowed under the plea bargain — 20 years. He will be 74 years old when he is released; 79 when he is no longer under strict post-release supervision.

An order of protection was granted for the now-adult victim in the case. Powless is to have no contact with her, whatsoever.

He is also ordered to pay a $5,000 fine and a $200 surcharge. A blood test will again register him as a sex offender.

Contact reporter Nicole Colemanat 798-1400, ext. 8227.