April 14, 2013

Rapist could get life in prison after failing to report


---- — PLATTSBURGH — A sex offender with an extensive criminal record could get life in prison for failing to follow reporting requirements.

After a two-day trial, a Clinton County grand jury found Brian Barber, 30, guilty of failure to register as a sex offender and offering a false instrument for filing.

He faces a maximum of 25 years to life in prison.

Barber didn’t register within the 10-day requirement period and lied on a Clinton County Sheriff’s Department form in an attempt to cover up the offense, according to a press release from the Clinton County District Attorney’s Office.

The jury deliberated for less than 10 minutes and determined that on May 26, 2012, Barber was evicted from his rental property, thereby requiring him to report his address change, the DA’s Office said.

Twenty days later, on June 15, Barber filed paperwork with the Sheriff’s Department stating that he had moved on June 10, 2012.

The sergeant on duty remembered that an eviction had occurred at Barber’s previous address, making the information that the sex offender had provided false.

Barber has been convicted of two rapes, another failure to register and other felonies and misdemeanors that he committed within the past 10 years, the DA’s Office said.

Clinton County District Attorney Andrew Wylie said his office will seek persistent felon status since Barber’s “constant disregard for the laws of the state of New York and repeated sex offenses make it obvious he is a danger to society,” according to the release.

Judge Kevin Ryan granted prosecutor Clinton County Assistant District Attorney Nicholas Evanovich’s request to hold Barber in the Clinton County Jail until his sentencing on June 6.

Barber’s lawyer is Joe Mucia of Niles and Bracy law firm.

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