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Ex-Portsmouth home care worker admits to criminal restraint of male patient
John Riley, 42, of Milton pleaded guilty in Rockingham County Superior Court on Monday to a felony count of criminal restraint.
Riley was accused of forcing the 35-year-old man into a sex act on Nov. 2, 2012, following a Halloween-themed dance hosted by Living Innovations offices in Portsmouth. The incident happened in a Portsmouth parking lot.
The victim, now 36, has withdrawn from receiving any services from the care provider.
The man’s mother told a judge on Monday that her son had been victimized twice before, but was told the cases were “un-prosecutable” because of her son’s mental capacity, according to Harrington.
Those charges were dropped by prosecutors as part of Monday’s plea agreement. The sex assault charges carried potential state prison sentences of up to 10 to 20 years.
Riley will have to undergo a sex offender evaluation once he is released from prison, but he will not be required to register with the state.
Soldati harshly criticized Portsmouth police, saying a key piece of evidence – a cell phone owned by the victim – was never analyzed as part of the investigation and later destroyed by a family member of the victim.
Soldati had requested permission from a judge for access to the cell phone so it could be forensically analyzed by a defense expert, according to court records.
“There were significant evidentiary issues in this case,” Harrington said.
Harrington also said she did have concerns about the victim’s ability to testify, even though he was willing to go forward with the trial.
Allegations about Riley’s behavior with a 24-year-old Lee man were cited in a civil lawsuit filed in March.
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