Samuel Saeli

MAYVILLE — A Dunkirk man was found guilty Tuesday of second-degree kidnapping and a sexually-motivated felony during the fourth day of his retrial held at the Chautauqua County Courthouse in Mayville.

Samuel Saeli, who had pleaded innocent of the charges, was arrested for the Aug. 14, 2016, abduction of a 13-year-old autistic boy from the Dunkirk Walmart parking lot. The boy was located about 40 minutes later near Cushing Street in Fredonia. Saeli was initially charged with second-degree kidnapping, a class B felony, after video footage showed him leaving Walmart with the boy.

The District Attorney’s Office later added the sexually-motivated felony charge after a forensic investigation showed Saeli’s DNA present on the boy’s underwear and genitalia.

Unlike with last year’s declared mistrial of Saeli, this new jury came to the unanimous guilty verdict on both counts after about two-and-a-half hours of deliberation.

“Justice was served for my boy and our family,” said the mother of the victim after the trial. “(My son) never knew (Saeli).”

District Attorney Patrick Swanson told The Post-Journal that the hung jury trial turned out to be a blessing in disguise for prosecutors.

“It may have been the best possible thing that happened, because based on further investigation that we uncovered, we expect federal charges to be forthcoming,” Swanson said.

The defense had argued that Saeli had met the victim and his family at a party prior to the abduction and that they had known each other. When Saeli saw the boy by himself at Walmart they hugged and shared a high-five.

During cross examination Tuesday, defense counsel Andrew Brautigam had asked DNA analyst Cheryl Moorhead, if DNA can be transferred through touch.

“We all shed DNA all the time,” Moorhead answered. “Any contact can transfer DNA.”

Moorhead also testified that the longer time goes on the more DNA degrades.

“Some seven hours after he was kidnapped (Saeli’s) DNA is still there,” said assistant DA Andrew Molitor during closing arguments.

During the approximately 40 minutes that the victim was missing, police, the boy’s family and Walmart employees searched for him.

“Why hide (the boy) for almost 40 minutes?” Molitor asked the jury. “What was he doing with him? He was gratifying himself sexually, that’s what he was doing.”

Molitor said how expert witnesses and the family had testified that the victim “is very limited. About all he can really do are physical things,” Molitor said. “(He) has trouble communicating and understanding things and is easily persuaded. He doesn’t act his age. He was lured and coaxed out of the store by the defendant.”

Molitor further asked the jury to consider the internet search records which revealed that soon after Saeli was released on bail for the kidnapping arrest, he searched for DNA evidence in regards to oral sex.

“The DNA report wasn’t issued until Nov. 8, 2016,” he said. “We didn’t even know about it. The defendant was charged with kidnapping in the second degree. There was nothing about a sexually motivated felony (on Aug. 15). At 9:39 p.m., not even 40 minutes later, (Saeli) searches … for felony sentencing. (He searched) DNA saliva from oral sex, saliva test for oral sex. He goes to a website for semen detection.”

“I can’t tell you the full extent of what happened in that car, but I can tell you (the victim) and his family are not the same. (Saeli) gratified himself sexually at the expense of a 13-year-old autistic child.”

Based on the verdict, it appears the jury agreed.

Judge Paul Wojtaszek, who presided over the case, denied Saeli’s bail. Saeli was remanded until a sentence hearing Aug. 9 at 10 a.m.

“He’s healing,” the victim’s mother told The Post-Journal about her son. “It’s going to take a lot to heal from this, but we trust in the Lord and what He will do in our lives.”

Swanson is holding a press conference this morning at the Fredonia Police office at 11 a.m. to discuss the case and offer more details.

“It was a good win for our office,” he said before complimenting the “excellent work” conducted by local police.