Sex Abuse Conviction Overturned

The child sex abuse conviction of an Olean man has been overturned because of the actions of two jurors during deliberations in his trial.

Timothy Jerge was convicted in 2010 of abusing a child younger than 13 several times over a five-year period. He was sentenced to seven years in prison, but hasn’t served any time because of an appeal.

A state appeals court ruled that Jerge is entitled to a new trial because during deliberations two jurors offered their professional opinions, and that ruined Jerge's chance for a fair trial.

One of the jurors was a social worker, and the other was a licensed substance abuse and mental health counselor. They offered their professional opinions on the victim's behavior regarding the abuse, and the court said that improperly influenced the verdict.

The Cattaraugus County DA’s office plans to retry the case.

You can read the court's decision here.PDF


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