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Man found guilty of molesting

Colby H. Foss III was convicted Tuesday of molesting two more local boys, his fourth and fifth victims in the last two decades.

Already serving a 30-year prison term for molesting a Niagara County boy, Foss, 35, formerly of Oliver Street, North Tonawanda, was found guilty in Buffalo on two counts of first-degree sex abuse for molesting two brothers, both younger than 10, five years ago in the City of Tonawanda home where he lived at the time.

With his father and wife in the courtroom, Foss did not react as the jury's verdict was read at about 5 p.m. Jurors deliberated for two days at the close of the trial before State Supreme Court Justice Penny M. Wolfgang. Sentencing was set for June 24.

Prosecutors Rachel L. Newton and Scott F. Riordan said they will recommend that Foss, currently in Clinton Correctional Facility, get an additional 30-year prison term.

Foss had been released in September 1994 after serving 2 1/2 years in state prison for molesting two Town of Tonawanda brothers, 7 and 9 years old. His current prison term was imposed last June. He did not testify or present any rebuttal witnesses in his latest trial.

Attorney Joseph J. Terranova, who did not represent Foss in his two earlier child-molesting cases, said Tuesday's conviction will be appealed.

Last week, both boys, friends of Foss' stepson, testified about being molested in November 2001 during a sleep-over in Foss' home.

Counselors treating the boys for emotional problems contacted authorities after the boys finally disclosed, in late 2004, that Foss had molested them.

Court officials confirmed that, before the trial, Foss had turned down a deal that would have required him to plead guilty to a single count of attempted sexual abuse. In return, he would have received a four-year prison term that would not have increased his current sentence.

e-mail: mgryta@buffnews.com

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