Alden man gets 20 years to life for home invasion, rape - The Buffalo News

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Alden man gets 20 years to life for home invasion, rape

The Alden man made more than 1,000 anonymous sexually harassing phone calls to several women for three weeks in 2011.

Then on Dec. 15, 2011, he broke into an Alden woman’s home and raped and sodomized her.

Samuel Muscarella was sent away for at least 20 years Tuesday for his crimes.

“What you did to her was frankly every woman’s worst nightmare,” Erie County Judge Kenneth F. Case told Muscarella at his sentencing.

“It was a horrific attack,” the judge said, noting that Muscarella violated the sanctity of the 22-year-old victim’s home. “Serious consequences need to follow.”

The judge sentenced him to 20 years to life in prison.

A jury in August convicted Muscarella, 25, of Seabrook Drive, of two counts of predatory sexual assault and one count of first-degree burglary in the attack.

At the time, Muscarella was serving a two-year jail sentence in Erie County for his conviction on six counts of aggravated harassment for the sexually harassing phone calls to women in the three weeks leading up to the home invasion.

Before imposing sentence, the judge noted Muscarella’s history of harassing women, referring to the many calls, including one right before the home invasion.

He also noted Muscarella had reacted to the verdict by swearing at the prosecutors.

Besides the attack, the judge pointed out that the victim had to testify at two very long trials, since the first one had ended without the jury reaching a verdict.

He praised the victim, who was in the courtroom at Tuesday’s sentencing, for seeing the case through to its conclusion.

“I hope today gives you some amount of closure to move forward,” he said.

The judge said it had been a long, drawn-out process. “I’m sure it was longest for the victim in this case,” he said.

Muscarella declined to say anything before the judge sentenced him.

He had faced a maximum of 50 years to life in prison, according to Erie County District Attorney Frank A. Sedita III.

Assistant District Attorneys Lynette Red and Peter Marche, both assigned to the Special Victims Bureau, prosecuted Muscarella.

Marche asked the judge to consider the victim’s impact statement in imposing sentence. He also requested an order of protection, which the judge granted.

Defense attorney Joseph Agro noted the jury had deliberated for two days before reaching a verdict. At one point, it had indicated it was split 9-3 for acquittal, he said, but then one of the jurors urged them to continue deliberating rather than ending the trial without a verdict. .


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