Judge rejects former Yankee Rosendo 'Rusty' Torres' bid to set aside sex abuse conviction

A Nassau judge Monday rejected an attempt by former New York Yankees player Rosendo "Rusty" Torres to set aside his conviction on charges of sexually abusing a girl younger than 11 at the Plainview baseball clinic where he worked.

County Court Judge Tammy S. Robbins said that after hearing from eight of the 12 jurors who convicted Torres in July she found no basis for his claim of juror misconduct.

The judge set Dec. 11 for sentencing of Torres, 66, of Massapequa, who was convicted on five counts of first-degree sexual abuse of a female younger than 11. He was acquitted of charges of sexually abusing another girl. Sexual abuse in the first degree carries a penalty of up to 7 years in prison.

In arguing to have the verdict set aside, defense attorney Troy A. Smith of White Plains argued that some jurors improperly changed their votes to convict Torres on five counts of sexual abuse and acquit him on other charges.

Smith also said that some jurors had failed to disclose during jury selection that they or their family members had been the victims of crimes or had been sexually victimized themselves, and then discussed those incidents during deliberations.

Assistant District Attorney D.J. Rosenbaum said it was not unusual for jurors to change their minds during deliberations, and that it was not improper for jurors to talk about their own experiences during deliberations.

Jury forewoman Mary Ellen Griffin, 54, of Carle Place, who fully identified herself after court, said on the witness stand last week that she was part of a group of jurors who got yogurt after the trial.

"We felt bad but we all agreed that that was the correct verdict," she said.