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Repeated Sexual Abuse of Daughter Leads to Conviction on Multiple Charges


07/12/2012

Erie County District Attorney Frank A. Sedita, III announced that 49 year old William Malley was convicted of Use of a Child in a Sexual Performance, Criminal Sexual Act in the 1st Degree, two counts of Criminal Sexual Act in the 2nd Degree, two counts of Criminal Sexual Act in the 3rd Degree, Rape in the 2nd Degree and Incest in the 3rd Degree in two separate trials before State Supreme Court Justice John Michalski.  Malley was convicted of every count charged against him in two separate indictments.

The first of two indictments involved charges relating to Malley’s repeated and ongoing sexual abuse against his daughter.  He was convicted for sexual assaults committed against his daughter since she was 12 years old and spanning over three years. During her junior year of high school, Malley’s daughter disclosed the sexual abuse to Buffalo Police Department detectives. Malley fled the jurisdiction when he learned of his daughter’s disclosures. Malley remained on the Operation Impact “Most Wanted” List for nearly a year and a half. Through the dedicated work of Sr. Inv. Kevin Kendall of the New York State Police, Malley was located in Florida where he had created a new life for himself. Sr. Inv. Kendall and the US Marshals returned Malley to Buffalo in 2010 to face the charges relating to the abuse of his daughter.

During the time that Malley had fled the jurisdiction, his estranged wife Joanne LaPointe and their four children left their home at 527 West Avenue in the City of Buffalo.  One of Malley’s children located and turned over to Buffalo Police a video tape involving a sexual encounter between Malley, JoAnne LaPointe and one of their biological sons. LaPointe admitted her guilt in allowing her son to participate in the sexual performance and agreed to be a prosecution witness against Malley. LaPointe received five years imprisonment when sentenced on June 20, 2012.

District Attorney Sedita praised the efforts of his chief prosecutor in the case, Felony Trial Bureau Chief Kristin St. Mary, stating: “because of her efforts, which included two trials, a genuine degenerate has been convicted of his loathsome criminal acts.”

Malley faces up to 65 years total for both indictments when he is sentenced on August 28, 2012.