LOCKPORT – A former Lutheran school music teacher whose 2005 child sexual abuse conviction was overturned on a technicality was back in Niagara County Court on Monday.
Michael J. Solomon, 48, of North Tonawanda, was awarded a new trial last month, when the state Court of Appeals ruled his attorney had a conflict of interest because she had represented the investigating police officer in a private matter. That canceled Solomon’s conviction and his 32-year prison sentence.
The case, involving acts that allegedly occurred between 1999 and 2004, starts over from scratch. As the tearful, now 22-year-old alleged victim looked on, Assistant District Attorney Elizabeth R. Donatello quoted what she characterized as Solomon’s confession: “Does it matter whether I had sex with her one time or 100? I was drunk.”
Defense attorney Mark J. Mahoney, who won the appeal, said he would return in two weeks to announce whether he will continue to represent Solomon, for whom Judge Sara Sheldon Farkas set bail at $50,000.