Amesbury man accused of sexually abusing child seeks dismissal of charge

Aug. 11--AMESBURY -- The lawyer for a local man accused of repeatedly biting a 4-year-old child 100 times last year argued in court that the most serious of the three charges against his client should be dropped.

James Rooney, 42, of Congress Street, Amesbury, was arraigned in October on charges of assault and battery of a child, indecent assault and battery of a child under 14, and assault and battery. If convicted, Rooney faces up to 10 years in state prison.

Prosecutors allege that Rooney bit the 4-year-old "a hundred times" in several places. The injuries were noticed by relatives, including one who took the child to a pediatrician.

The doctor noticed bite marks on the child's stomach, toes and nose. An Essex County prosecutor also said the child told relatives that Rooney held the youngster down on a bed. The child was then bitten on the neck.

The child's mother reported the incidents to the Amesbury Police Department, prompting officers to visit Rooney at his home.

Rooney was taken to the police station for questioning and, despite being told of his right to remain silent, admitted biting the child repeatedly, according to Essex County prosecutor Shailagh Kennedy.

Rooney posted $5,000 cash bail roughly two weeks after his arraignment and was released after he cleared up a previous warrant from Westborough District Court.

On Monday, Rooney's attorney, David Newton, asked Judge Peter Doyle to dismiss the indecent assault and battery offense.He argued that there was no sexual intent and the marks were not found on areas of the body that would back up such a charge.

Newton went on to call the bite marks "a game."

"It doesn't appear anything more than that," Newton said, via videoconference.

Kennedy argued there was case law that showed injuries did not have to be in intimate areas to warrant an indecent assault and battery charge. She pointed to one example of a man being charged with that offense after hugging a young child and licking her ear.

"It was the way the conduct occurs," Kennedy countered.

She also told Doyle that in the police report, the victim's mother told officers she believed the contact to be sexual in nature.

Doyle did not reach a decision Monday. Instead he scheduled an Oct. 16 status hearing when he is expected to rule on the motion.

At Rooney's arraignment, a different judge ordered the Amesbury police report impounded, which means the media and public cannot see it.

Staff writer Dave Rogers can be reached at drogers@newburyportnews.com. Follow him on Twitter @drogers41008.

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