Tonawanda News

NT

December 13, 2013

McNamara's appearance adjourned

Tonawanda News — LOCKPORT — Following the declaration of a hung jury in October, Bradley McNamara, the North Tonawanda man accused of sexually abusing a 14-year-old girl, returned to Niagara County Court on Thursday.

He was set to be in court for a discussion of the case’s next steps and whether it will be retried, but after a discussion between the two attorneys, the matter was adjourned until Jan. 2.

In October, the jury failed to reach a verdict on all four charges — second-degree course of sexual conduct against a child, two counts of second-degree criminal sexual act, attempted second-degree rape and endangering the welfare of a child. 

McNamara, who owns Juicy Vapor on Niagara Falls Boulevard, appeared professional in court on Thursday in a button-up shirt. He spoke with his attorney briefly, commenting that his store was busy and doing well. 

The case against the 39-year-old rests with the alleged victim’s testimony, as there is no eyewitness testimony or physical evidence. During the trial, the teen, who is McNamara’s step-daughter, said he sexually abused her every night or every other night after tucking her in.

McNamara allegedly began touching her breasts in 2011, and over the course of a year and a half, the abuse escalated to oral sex and attempted rape, the girl testified.

Defense attorney Robert Berkun has argued the teen crafted the story out of a desire to meet her biological father. The sexual stories came from adult apps she had on her phone, he said.

During closing arguments, Berkun said a vibrator McNamara allegedly gave the girl was never found, no semen was found on the bedsheets and the girl was not physically harmed. The teen’s 10-year-old half-sister, who shared a room with the victim while some of the alleged abuse took place, testified that she did not hear or see anything inappropriate.

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