LOCKPORT – A Niagara Falls man who has served two previous prison terms for sex crimes faces a possible life sentence if he is convicted of fathering a child by an 11-year-old girl.
Jacky R. Berry, 52, of Niagara Avenue, pleaded not guilty in Niagara County Court Monday to an indictment charging predatory sexual assault against a child, but Deputy District Attorney Holly E. Sloma said a DNA test conducted this year confirms Berry is the father of the victim’s child.
The victim named two other possible fathers in a Family Court proceeding earlier this year, Sloma said. “DNA testing conclusively established that the defendant is the father of a child born of the victim when she was 12 years old, thus placing the date of conception at age 11,” Sloma said.
The indictment accuses Berry of having sexual contact with the girl between July 2007 and November 2010. Sloma wouldn’t say how old the offspring is.
County Judge Sara Sheldon Farkas set bail at $50,000 for Berry, who is already a Level 3 sex offender for sexually abusing a 7-year-old girl in 1990. He served seven years in prison for that, and also served about six years for a 1980 first-degree rape conviction.