LOCKPORT – A revised grand jury indictment was unsealed Thursday in State Supreme Court against a Lockport man whose trial on the first version ended with the charges being dismissed.
Clayton J. Kelkenberg, 33, of North Transit Street, pleaded not guilty to predatory sexual assault against a child, first-degree course of sexual conduct against a child, and two counts of second-degree criminal sexual act, one of which was not in the original indictment.
Justice Richard C. Kloch Sr. threw out the case May 7 after defense attorney E. Earl Key learned that a witness who wasn’t testifying was allowed to sit in the grand jury room while other testimony was going on, a violation of the state’s criminal procedure law.
Kloch, however, allowed the District Attorney’s Office a do-over.
Kelkenberg is accused of sexually abusing a child under the age of 13 beginning in 2008. He also pleaded not guilty to an unrelated felony marijuana possession indictment.