Post Doesn’t Testify As Defense Rests

Dustin Post is pictured this week in Chautauqua County Court with his attorney, Public Defender Ned Barone. P-J photo by Gregory Bacon

MAYVILLE — The northern Chautauqua County resident who is accused of sexually molesting at least five different girls ages 1-11 has chosen not to testify.

On Wednesday the defense rested in the case involving Dustin Post without bringing forward any witnesses.

The 27 year old is facing nine indictments in the trial. When the trial began Jan. 26, there were 13 indictments against him, all related to accusations of sexual misconduct which took place from 2015-2019 involving five different children. Tuesday, County Court Judge David Foley removed four of the charges and left nine in place.

Wednesday morning, the prosecution tried to bring back one of the charges, insisting that they felt they had met the burden of proof. However when Assistant District Attorney Tracey Brunecz requested the judge hear their argument, he refused, saying he made his ruling the day prior and that it was final.

After legal arguments, the jury was brought in Wednesday morning when they were told that the defense would not be presenting any witnesses. Foley told them they are not to interpret that as an admission of guilt and then dismissed the jurors, saying that Thursday morning they would hear closing arguments and be given additional instructions.

Foley had offered to the prosecution and the defense to move forward with closing arguments that afternoon, but the defense said they felt they needed more time to prepare.

Post was sentenced in February 2022 to 50 years in prison after being convicted on federal charges of production and possession of child pornography. He has remained in the Chautauqua County Jail awaiting trial on the local charges.


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