‘A real tragedy’
Rape survivor speaks out



RENSSELAERVILLE — At the emotional heart of residents’ fears over a juvenile detention center in this rural Hilltown is a rape and kidknapping that occurred there just over two years ago.

The rape survivor submitted a letter, printed this week in The Enterprise opinion pages, that was read at last Thursday’s town board meeting, raising concerns that mismanagement at the facility aided the crimes.

Brian Marchetti, spokesman for the Office of Children and Family Services, the state agency that runs the facility, said this week he could not comment on the December, 2004 incident. He added that the department’s investigation of the incident is now complete.

Michael Elston was arrested by the Albany County Sheriff’s Department in December of 2004. Elston was sentenced on July 21, 2005 for the felony charges of first-degree rape and second-degree kidnapping.

On Dec. 28, 2004, Elston forced a 51-year-old female kitchen worker at Cass into an office and forcibly raped her, the Albany County Sheriff’s Department said at the time. The kitchen worker and Elston were alone, and Elston had her open a locked cabinet where knives were stored and took a large knife, the sheriff’s department said.

Elston then forced the female victim into another area, where her keys were stored, and both of them left Cass in her vehicle, the department said. Elston held her at knifepoint from Cass to Albany, where he ordered her to stop so he could use the phone, the department said. Once he finished using the phone, Elston ordered her back into the car, and, as she entered the car, she kicked at Elston and was able to drive away, the department said.

Elston received seven years in prison for the kidnapping charge and 20 years for the rape charge, terms that run consecutively and are one year short of the 28-year maximum.

After prison, Elston will face 10 years of post release supervision. He will also be required to register as a sex offender and was given a 25-year court order of protection, prohibiting him from making any contact with his victim.
Supervisor Jost Nickelsberg, at last Thursday’s meeting, called the rape "a real tragedy," adding, "We’re keenly interested that something like that doesn’t happen again."
Councilwoman Myra Dorman read a letter from the rape survivor, which demands the OCFS, "be held accountable." The letter goes on, alleging the escape was planned for at least a month in advance; that the investigation turned up a map with directions and phone numbers; that a co-conspirator was involved; and that logs and counts of inmates were altered, to show Elston was accounted for.

The town board then voted unanimously to hold the Cass Residential Center and the OCFS accountable for the December, 2004 incident and any other incidents that happen in the community. Before leaving Town Hall, the husband of the rape survivor thanked the board for its resolutions.
Ed Ausborn, deputy commissioner of the OCFS, said at last week’s meeting that violent offenders have not been placed at Cass. "We would never do that," he said.
"Elston had prior sexual assault, and you knew it," said the rape survivor.

According to the sheriff’s department, Elston had been at the Cass Residential Center since the later part of November of 2004, for a violation of probation, and possession of stolen property.
Ausborn said the most recent escapee from the facility in November of 2006 "outran our staff."

Many at the town’s meeting last week asked Ausborn about offenders’ records and the state agency’s knowledge of the records. Before the facility was emptied last month, the all-male juvenile detention center had held youths between the ages of 14 and 18.
"We have a very complete file," Ausborn said of the OCFS’s knowledge of delinquents’ prior records.
"What are you going to do about the past"" the rape survivor’s husband yelled at the end of the question-and-answer period. "I’m the victim’s husband," he said, as television crews and the audience turned toward him.
"You’ve talked about what you’re going to do in the future," said the rape survivor’s husband, "but what are you going to do about the past""