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The aforesaid search was in the first of the two indictments…. cont

The aforesaid search was in the first of the two indictments based on the incident that the man, along with his two friends, and the other adult was charged with promoting prostitution as well as endangering the welfare of a minor. Its companion indictment charged the man alone with sodomy, sexual misconduct, sexual abuse and endangering the welfare of a child, all additional legal formulations of the transgressions said to have occurred on the self-same date.

Subsequently, the offender’s friend’s cases were severed from that of the man and tried separately. It was later, two years after the original arraignment had been voted, that the complainant moved to consolidate all three accusatory instruments against the offender. It is the granting of the motion and the denial of the offender’s subsequent application to separate with which the court deal first.

The man does not challenge the joining of the two indictments stemming from the incident, but argues, as he did when the original motion was made, that it was improper to try it with the indictment featuring the long train of sodomies which took place in so much of the two previous years, on the ground that the latter counts would prejudice his ability to defend on the former.

The criminal court also noted the following points of similarity such as the offender was the sole untried in each of the three indictments, all counts in the indictments referred to sexual acts with boys under the age of seventeen, all the activities occurred within the same jurisdiction and most occurred in man’s home, sodomy or sexual abuse were a focus of all three indictments. Nevertheless, the court stated that it cannot be oppose the most general of commonalities, without more support, a joiner could hardly be said to serve more than the permissible purpose of judicial economy.

As the proof at trial unfolded, the cumulative effect of the repetitive recitations of the eight high school students on whom the complainant depended to describe the offender’s numerous depredations during the period was bound to come across as a pointed foreword.

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