The guilty verdicts delivered by a Nassau jury against Rosendo “Rusty” Torres, 65, of North Massapequa, were upheld today by Nassau County Court Judge Tammy Robbins, who rejected allegations of juror misconduct made by the defense.
The defense argued that jurors in Torres’ trial had been pressured and changed their votes to end deliberations, but the judge found today that the defense had failed to prove that acts of juror misconduct which may have affected a substantial right of the defendant had occurred, and denied the defense’s motion to set aside the guilty verdicts.
Torres was found guilty by the jury in July of five counts Sexual Abuse in the 1st Degree (a D violent felony). Torres was found not guilty of two counts of Sexual Abuse in the 1st Degree and one count of Course of Sexual Conduct Against a Child in the 2nd Degree (a D violent felony). Torres faces a maximum sentence of seven years in prison on each count that he was found guilty on.
He is due back in court for sentencing on Dec. 11.
Torres was convicted of abusing one girl under age 11 while acting as a youth baseball coach for the Town of Oyster Bay. The abuse occurred from April 2012 to May 2012 during baseball practice sessions in Plainview. Torres was acquitted in July by the jury on charges of abusing a second girl under age 11. Torres was arrested by the Nassau County Police Department on May 8, 2012.
Assistant District Attorney D.J. Rosenbaum of DA Rice’s Special Victims Bureau is prosecuting the case. Torres is represented by Troy Smith, Esq.
