Former Montville resident sentenced for sexual act involving child
A former Montville resident has received three years of probation for performing a sexual act in the presence of an 11-year-old girl.
Michael E. Cushing, 45, of Deep River pleaded guilty in New London Superior Court to first-degree reckless endangerment.
According to testimony and court documents, on May 1, 2015, the girl's mother found Cushing masturbating while watching the girl take a shower. The child was unaware of his presence.
Initially charged with a felony, Cushing had pleaded guilty to a misdemeanor under a deal worked out between prosecutor Theresa Anne Ferryman and defense attorney Bryan P. Fiengo. He entered his plea under the Alford Doctrine, which indicates he does not agree with the state's version of the case but does not want to risk a harsher sentence if convicted at trial.
Ferryman said the plea agreement was "a compromise between the state and the defendant reflecting the risks of a trial for both sides."
The mother of the child said in a statement to the court that Cushing is a dangerous person who refuses to take responsibility for his actions. She asked Judge Hillary B. Strackbein to order Cushing to register as a sexual offender, but the judge said she could not do that because of the charge to which Cushing had pleaded guilty.
The judge did order Cushing to undergo sex offender evaluation and treatment, if deemed necessary, and said that while on probation, he is prohibited from having contact with the 11-year-old girl and other children.
