Dustin Post

MAYVILLE – The fate of a man accused of sexually molesting a number of children in northern Chautauqua County is one step closer to being placed in the hands of a jury.

On Tuesday, the prosecution rested after having three more people testified in the trial of Dustin Post. The 27-year-old, who has lived in multiple places including Fredonia and Dunkirk, has already been convicted of child pornography charges and has been sentenced to 50 years behind bars.

The local charges are based on accusations that he was the one who sexually abused the girls, ages 1-11, in the videos, as well as other times that weren’t recorded.

MOTHER OF INFANT TESTIFIES

A former Fredonia resident who is related to Post’s ex-wife took the stand.

The woman said she was having medical problems when she called the former wife to come over to help her. The woman had a 1-year-old and was pregnant with her second.

When the former wife came over, Post was with her. The woman said she did not invite Post over and was upset that he was there.

During her medical issue the wife was with her upstairs while Post was alone with her infant. She said she heard him yelling at her daughter and went downstairs to be with her.

The mom said she thought Post had yelled at the child for not eating something, but she wasn’t certain on the specifics.

During a video played for the court the day before, Post told police officers that he had a sexual encounter with a child under 3 years old who was related to his wife.

TEEN TESTIFIES

A teenager who previously lived in Silver Creek took the stand. In the summer of 2018 when she was 11, she began to exchange messages with Post on the social media network Snapchat. She knew him through his wife.

The prosecution asked the girl if any messages stood out. She paused for a period of time and replied, “I’m having a hard time saying.”

Eventually the girl said Post asked her if she would like to hang out with him and his wife. The two of them picked a day, but when he stopped over he was alone.

District Attorney Jason Schmidt, recognizing she was having a hard time talking, stepped away from the microphone, stood closer to her and asked her what had happened.

The teenager took a long pause and eventually said, “he raped me.”

Schmidt, using sensitivity, asked her what that meant. “He did things I didn’t want to happen,” she replied.

Schmidt, continuing to be sensitive, asked her if she could give more specifics.

The teenager asked to take a break, which County Court Judge David Foley agreed and called for a 15-minute recess.

After the break, the teenager identified Post in the courtroom. Schmidt said he had no further questions and Public Defender Nathan Barone said he did not have any cross-examination questions.

Foley then dismissed the jurors for lunch and requested the prosecution and defense meet him in private chambers, before themselves breaking for lunch.

During a video played for the court Monday, Post told police officers that he had a sexual encounter with an 11-year=old but blamed the victim. “She came on to me,” he told an officer.

Later on the video, the officer told Post that he needs help. “There’s an addiction, clearly,” he said.

Before the jurors returned, Barone asked that the testimony from the girl who was from Silver Creek be stricken from the record, arguing that she didn’t explain specifically what happened.

The prosecution, meanwhile, argued that combining her testimony with what Post had said on video should be adequate for the court to keep her testimony in place.

Foley agreed with the prosecution and permitted the testimony to remain part of the record.

RELATIVE TESTIFIES IN COURT

After lunch, the prosecution played a portion of the video in which Post described to police that he sexually abused a young child outside on land near the Seneca Nation of Indians.

After the video was played, a relative of Post was placed in the witness box.

The young girl appeared nervous, so Assistant District Attorney Tracey Brunecz asked the child about her favorite subjects in school, her siblings and what she wants to be when she grows up. “I want to be a lawyer,” she said.

Brunecz, continuing the conversation, asked her what kind of lawyer she would like to be. “An honest one,” she replied, to slight laughter in the courtroom.

Afterward, the girl was asked about her relationship to Post, which she explained. She also said she had ridden with him in a vehicle and the two got out and went on a trail, where Post showed her a video of a sex act.

The girl said Post had exposed himself to her and asked if she would like to do what she saw in the video, but she said no. He then began forcing her “until I cried.”

The girl admitted that she didn’t understand the extent of what Post wanted. “I was younger, so I had no idea what was going on,” she said.

After this girl testified, the prosecution rested its case.

INDICTMENTS EXAMINED

Foley dismissed the jury for the day and then listened to the defense team as they went over a number of the indictments that had been placed against Post.

Foley listened to each and every argument, dismissing a handful of the charges, but keeping the majority intact.

Afterward, both the prosecution and the defense said they were happy with the judge’s decisions.

“We were able to get several counts dismissed,” said Barone.

Schmidt, meanwhile, said the few charges that were dismissed were for technical reasons, and that the majority still exist. “We’re in a good position,” he said.

The defense has not stated if they are going to have any witnesses or have Post himself testify to the charges placed against him.

The trial will resume Wednesday. That will mark the fifth day of the trial.