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A York County jury has convicted a local caregiver of having sexual contact with a young man who has Down syndrome.

Albert Fraschetti, 63, of Wayne Avenue in York City, remains free on unsecured bail, awaiting sentencing on June 22, according to court records.

Fraschetti served as a caregiver in 2016 for the then-18-year-old Lower Chanceford Township man.

Jurors on Thursday, March 22, found him guilty of the first-degree misdemeanor charge of indecent assault on a person with a mental disability, according to deputy prosecutor Alissa Cardenas.

A minimum standard-range sentence under state sentencing guidelines calls for anywhere from probation to nine months in prison, Cardenas said.

Fraschetti was fired from his care-giving position after his conduct came to light, she confirmed.

"During questioning by the judge (during trial) ... he indicated he hasn't worked at all since this happened," Cardenas said.

The conviction means Fraschetti will be a Megan's Law offender after sentencing, and it should prevent him from obtaining another caregiver position, according to the prosecutor.

The background: In July 2016, the young man's parents called state police after surveillance cameras they'd installed in their home recorded Fraschetti having physical contact of a sexual nature with their son, court documents state.

The young man's parents had cameras installed in their home because they'd had problems before with caregivers and wanted to be able to monitor their son while they were at work, those documents state.

The video showed Fraschetti and the young man kissing each other and rubbing each other's bare chest and nipples, state police have said.

"(The mother) related she checked the surveillance footage because she had an inkling that something was possibly going on with the defendant and the victim," documents state.

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At the time, the young man had the mental capacity of a third-grader, according to his family, who said Fraschetti served as the young man's caregiver for two to three months.

Cardenas said the young man didn't testify because it was determined he was not competent to do so.

"With a case like this, where the victim doesn't testify, it can be pretty difficult," she said. "But because of the cameras, we had a good case. This might not have even been reported or detected (without those cameras)."

Cardenas said the jury "absolutely made the right call."

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Blamed teen: When police questioned Fraschetti in September 2016, he repeatedly told them that the young man was the aggressor, according to documents.

Fraschetti said the young man would play with Fraschetti's piercings, which were on his nipples, navel and penis, documents state. He also said the alleged victim saw his penis perhaps once or twice, police said.

Fraschetti told police the young man would try to kiss him and would rub his chest, despite Fraschetti telling him to stop, according to documents.

"The defendant related he would tell the victim to not rub his nipples, but the victim would overpower the defendant," documents state. "He related it was futile to tell the victim to stop."

Fraschetti also said he had his pants pulled down by the young man, according to documents.

His attorney, public defender Eric White, did not return a phone message seeking comment Monday, March 26.

— Reach Liz Evans Scolforo at levans@yorkdispatch.com or on Twitter at @LizScolforoYD.

 

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