September 16, 2016 at 5:24 p.m.
Judge rejects bond argument in Donato case
Preliminary hearing waived
Judge rejects bond argument in Donato case
By River News staff-
John J. Donato is charged with first-degree sexual assault of a child (sexual contact with a child under age 13), a class B felony, and second-degree sexual assault of a child, a class C felony. The second charge was added in an amended criminal complaint filed Sept. 6.
Donato on Thursday waived his right to a preliminary hearing on those charges, but his attorney, Chad Lynch, did make an argument for bail modification.
Citing his client's health issues and indigency, Lynch asked Judge Patrick O'Melia to reduce the $5,000 cash bond set last week or convert it to a signature bond.
After his initial appearance Aug. 24 on the class C felony, Donato's bond was set at $500 cash. However, after he suffered a heart attack and had to be airlifted to Wausau Aspirus Hospital from Ministry St. Mary's Hospital for minor surgery, O'Melia amended the bond to a signature bond because of the health concerns. When he made his adjourned initial appearance Aug. 29, Donato entered not guilty pleas to all charges and a date for the preliminary hearing was set.
Between the time he was charged with twice groping a 13-year-old girl in the school supply section at Walmart and the preliminary hearing date, a second alleged victim, an 8-year-old girl, came forward to claim Donato had also touched her inappropriately the same day.
After the second charge was filed, bond was increased to $5,000 cash.
Citing the seriousness of the charges and the apparent strength of the state's case, O'Melia rejected the request to modify bond.
"This appears to be a pretty strong case in terms of statements by Mr. Donato, video evidence and the statements of the alleged victims," he said. "We have two victims now and these are very serious allegations," he added. "This is a safety issue."
If he posts bond, Donato is barred from no entering onto Walmart property and may no contact with either of the alleged victims or any other minor.
If convicted, Donato faces a maximum penalty of up to 60 years in prison for the Class B felony and 40 years in prison and not more than $100,000 in fines for the class C felony.
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