A court ruling overturning the most serious convictions against a serial child molester will stand as the prosecution was denied permission to appeal.
For Genesee District Attorney Lawrence Friedman, that means he may have to present charges against Sean M. Vickers to a grand jury again.
“I plan on meeting with city police and the Child Advocacy Center to discuss it,” Friedman said. “The conviction against the youngest victim still stands. The remaining victims are two adults and two teenagers.”
All were children when the abuse happened.
Vickers was convicted after trial in July 2014 of repeatedly sexually assaulting five boys between 2001 and 2004 in Batavia.
A jury took 90 minutes to convicted Vickers, who was sentenced to four 25-year terms and one seven-year term for sexually abusing the youngest victim. It was the longest sentence ever imposed in Genesee County.
His sentence, by law, was lowered to 50 years.
At the time of his conviction, a judge called Vickers “the most prolific” child molester he had ever encountered.
In March, however, the four most serious charges against Vickers, sodomy and criminal sexual act, were overturned by the Appellate Division, Fourth Department.
The court ruled that then Judge Robert Noonan erred in allowing an indictment against Vickers to be amended after witness testimony had already concluded.
Friedman said he disagreed with the ruling because “all sides agreed to the amended indictment.”
Friedman asked permission from the Court of Appeals to appeal the decision and that court last week denied the request.
Friedman said the Court of Appeals hears “very few” cases.
Now Friedman may have to ask the victims to once again testify about the abuse they suffered at the hands of Vickers.
Vickers, 48, still is convicted of abusing one victim and his seven-year term remains. He also is serving a 20-year sentence for abusing boys in Niagara County so he will remain in prison, regardless of how the case progresses in Genesee.
Vickers was a Level 3 sex offender at the time he was arrested in 2013, stemming from an arrest in New Hampshire in 2009.
The investigation in Batavia and Niagara Counties also led to an investigation against Vickers’ brother, David, a truck driver. He was sentenced in 2016 to life in federal prison for transporting minor boys across state lines for sex. At least six victims were identified.