A sealed Genesee County Grand Jury indictment was unsealed in Genesee County Court on Monday morning, accusing Adam H. Brokaw, 43, of Batavia with attempted rape 1st, a class C felony, and sexual abuse 1st, a class D felony.
The indictment accuses Brokaw of attempting to engage in sexual intercourse with another person who was incapable of consent by reason of being physically helpless from November 11-12, 2017 in the City of Batavia.
The indictment further accuses Brokaw of sexual abuse 1st, after allegedly subjecting another person to sexual contact who was incapable of consent by reason of being physically helpless on November 11th through the 12th, 2017.
Batavia Police say the incident occurred at a party at a residence in the City of Batavia.
According to First Assistant District Attorney Melissa Cianfrini, the charge of attempted rape carries mandatory prison time. She requested $10,000 cash/bond bail in court.
According to Brokaw’s Attorney, Stephen Leonardo, Brokaw is a life long Batavia resident who is married with a child and is employed as a Corrections Officer for NYS in Albion. Leonardo says his client is going nowhere.
Genesee County Court Judge Charles Zambito agreed.
Brokaw pleaded not guilty to both charges and was released on his own recognizance and will re-appear in court on September 25, 2018 at 9:15a.m. for oral arguments.