A former Rockland County church group leader convicted of sexually abusing a 4-year-old child he was babysitting has lost his appeal.
A Rockland County jury had convicted Todd Retallack in 2012 of first-degree sexual abuse, a felony, and endangering the welfare of a child, a misdemeanor. The incident took place in fall 2009 and Retallack was arrested in May 2011.
“This defendant was convicted of having betrayed the trust of a young child and her family," said Rockland County District Attorney Thomas Zugibe at the time. "No child should be put in that position. The jury in this case heard the evidence in the case, which rested largely on the testimony of the now‐7‐year‐old victim. Children should be able to remain children.”
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Zugibe said Retallack, who was a friend of the victim's family, had been babysitting the girl in his home.
The 51-year-old lives at 32 Terrace Drive, South Nyack.
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Jurors deciding the case before Westchester County Court Judge Barry Warhit returned a verdict of guilty after eight hours of deliberation. Retellack appealed. The state Appellate Division rejected his appeal and the state's highest court refused him leave to appeal the verdict further.
Here's the full text of the DA's statement:Rockland County District Attorney Thomas P. Zugibe today announced that Todd Retallack (DOB 03/16/63) of 32 Terrace Drive, South Nyack, New York will surrender in court on Tuesday, June 24, 2014, to face a three year state prison term.
In June 2012, Retallack was convicted after a jury trial of:
• One count of Sexual Abuse in the First Degree, a class “D” Felony
• One count of Endangering the Welfare of a Child, a class “A” Misdemeanor
On appeal, the Appellate Division, Second Department, rejected the defendant’s claims and found that the weight of the evidence supported the jury verdict. The court also rejected the defendant’s other arguments for reversal. Judge Victoria A. Graffeo, of the New York Court of Appeals, the state’s highest court, denied leave to appeal to that court ending any further state appeals.
During his appeals, Retallack was required to wear an ankle bracelet with 24-hour monitoring, all at his expense. Now that his appeals were rejected, he must surrender to begin serving his full three-year sentence.
In the fall of 2009, Retallack, a former Rockland County church youth group leader, sexually abused a four-year-old girl at his home. The defendant was a friend of the victim's family. The abuse took place while Retallack was babysitting the child.
District Attorney Zugibe said, “This case called for a prison sentence to both punish the defendant and to serve as a warning to other individuals who prey on children.”
The case was tried by, among others, Assistant District Attorney Amanda Doty.
Responses to the defendant’s Second Department appeal and motion for leave to Judge Graffeo were handled by Itamar J. Yeger, Executive ADA of the Appeals Bureau.
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