Patrick Klein.jpg
Patrick Klein, of Liverpool.
(Provided photo)
Syracuse, NY -- A former state trooper from Liverpool admitted today to having non-consensual sex with a woman in Clay.
That came after a jury acquitted Patrick A. Klein, 34, of rape charges in the 2013 incident. The victim testified at trial that Klein had sex with her without her permission.
Klein was originally indicted on first-degree rape, criminal sex act and related charges. But the jury found him not guilty of the felony rape charge, which accused him of forcibly having sex with the woman.
But the jury couldn't decide if Klein was guilty of third-degree rape, a charge for non-consensual sex (without "forcible compulsion").
Instead of going back to trial on that charge, Klein pleaded guilty to sexual misconduct, a misdemeanor.
It's a lesser included offense of third-degree rape. That means that all of the facts necessary to prove sexual misconduct are also found in the rape charge.
Prosecutor Anthony Germano said there's basically no difference between the two crimes other than one is a felony and the other a misdemeanor.
Without the plea, both sides would have had to take a chance at another trial on the third-degree rape charge.
Klein must register as a Level 1 sex offender, meaning he is considered the least likely to re-offend. He was granted a one-year conditional discharge. That means he must follow the judge's instructions and stay out of trouble for a year.