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By Liz Beavers
lbeavers@newstribune.info
Tribune Managing Editor
KEYSER – A Piedmont man who was convicted in 2008 of two counts of first degree sexual abuse and one count of second degree sexual assault involving minor children will be back in court Tuesday for a probation hearing.
Michael Lynn Rosier, 47, of Piedmont, entered a plea of nolo contendere to the three charges in a plea agreement on Sept. 17, 2008, which resulted in approximately 14 other charges being dropped.
“Nolo contendere” is not an admission of guilt, but rather is the defendant's acknowledgement that enough evidence exists to convict him.
The victims ranged in age from 10-12 at the time of the crimes. At the plea agreement hearing held in 2008, several of their parents testified as to the emotional scars their children had suffered as a result of the abuse.
When asked by Judge Andrew Frye if he had anything to say for himself, Rosier had said he did “feel remorse for what I've done and what I've put those families through,” but added that he “didn't realize the gravity of what happened at the time.
“Somehow, I thought it was supposed to be fun for them too,” he said.
Judge Frye sentenced Rosier to 5-25 years on each of the first-degree sexual abuse charges and 10-25 years on the second degree sexual assault charge, with the sentences to be served concurrently.
Rosier was remanded to the Mt. Olive Correctional Center in Institute, W.Va., where he has remained.
On Nov. 9, 2009, however, Rosier's attorneys, Nelson Michael and Meredith Haines, filed a motion on behalf of Rosier and Judge Frye changed his order from consecutive sentences to concurrent.
At that time, probation was not granted, but Frye said in his order that “the court will revisit the issue of probation in the event that intensive sex offender supervision becomes available and the defendant has proof of an appropriate full-time job.”
On Dec. 22, 2011, Michael and Haines filed another motion for probation, and that hearing is set for 9 a.m. Tuesday.
In the motion, the attorneys note that “in the summer of 2011 Sex Offender Intensive Supervision Officers were hired to exclusively supervise sex offenders in Region 1, a nine-county area that includes Mineral,” and that the program would “require the defendant to be visited by the probation officer face-to-face four times a month.”
In addition, the motion says that “if the defendant were to be released on probation ... he has secured employment at Lumber and Things in Keyser.”
The motion states that Rosier completed all the required classes and therapy at Mt. Olive, and “has not received any write-ups or complaints during his entire incarceration.”
Referring to the opinion of a psychologist who has been working with Rosier, the motion states “he believed the defendant had been more realistic and had taken more responsibility for his actions since his incarceration ... he had a better understanding of the inappropriateness and the destructive nature that sexual behavior between children and adults can cause.”
The motion says if probation is granted “the defendant would participate in any court-ordered counseling and/or treatment programs that the court deems appropriate.”
It also stated that, if released, Rosier would be staying with his parents in Piedmont.
By Liz Beavers
lbeavers@newstribune.info
Tribune Managing Editor
KEYSER – A Piedmont man who was convicted in 2008 of two counts of first degree sexual abuse and one count of second degree sexual assault involving minor children will be back in court Tuesday for a probation hearing.
Michael Lynn Rosier, 47, of Piedmont, entered a plea of nolo contendere to the three charges in a plea agreement on Sept. 17, 2008, which resulted in approximately 14 other charges being dropped.
“Nolo contendere” is not an admission of guilt, but rather is the defendant's acknowledgement that enough evidence exists to convict him.
The victims ranged in age from 10-12 at the time of the crimes. At the plea agreement hearing held in 2008, several of their parents testified as to the emotional scars their children had suffered as a result of the abuse.
When asked by Judge Andrew Frye if he had anything to say for himself, Rosier had said he did “feel remorse for what I've done and what I've put those families through,” but added that he “didn't realize the gravity of what happened at the time.
“Somehow, I thought it was supposed to be fun for them too,” he said.
Judge Frye sentenced Rosier to 5-25 years on each of the first-degree sexual abuse charges and 10-25 years on the second degree sexual assault charge, with the sentences to be served concurrently.
Rosier was remanded to the Mt. Olive Correctional Center in Institute, W.Va., where he has remained.
On Nov. 9, 2009, however, Rosier's attorneys, Nelson Michael and Meredith Haines, filed a motion on behalf of Rosier and Judge Frye changed his order from consecutive sentences to concurrent.
At that time, probation was not granted, but Frye said in his order that “the court will revisit the issue of probation in the event that intensive sex offender supervision becomes available and the defendant has proof of an appropriate full-time job.”
On Dec. 22, 2011, Michael and Haines filed another motion for probation, and that hearing is set for 9 a.m. Tuesday.
In the motion, the attorneys note that “in the summer of 2011 Sex Offender Intensive Supervision Officers were hired to exclusively supervise sex offenders in Region 1, a nine-county area that includes Mineral,” and that the program would “require the defendant to be visited by the probation officer face-to-face four times a month.”
In addition, the motion says that “if the defendant were to be released on probation ... he has secured employment at Lumber and Things in Keyser.”
The motion states that Rosier completed all the required classes and therapy at Mt. Olive, and “has not received any write-ups or complaints during his entire incarceration.”
Referring to the opinion of a psychologist who has been working with Rosier, the motion states “he believed the defendant had been more realistic and had taken more responsibility for his actions since his incarceration ... he had a better understanding of the inappropriateness and the destructive nature that sexual behavior between children and adults can cause.”
The motion says if probation is granted “the defendant would participate in any court-ordered counseling and/or treatment programs that the court deems appropriate.”
It also stated that, if released, Rosier would be staying with his parents in Piedmont.
