Without admitting anything sexual had happened, a Rapids Road woman accused of having a lengthy affair with her daughter's 16-year-old ex-boyfriend pleaded guilty to a misdemeanor Monday.
As the boy and his mother looked on, Jennifer L. Wesolowski, 40, pleaded guilty in Niagara County Court to a reduced charge of attempted third-degree criminal sexual act.
"This plea does not involve any [sexual] contact," said defense attorney Thomas J. Eoannou, who declined to comment further.
It does, however, involve registering as a sex offender and a possible sentence of as long as a year in the County Jail, or six years' probation. Wesolowski is to return July 5 for sentencing by Judge Matthew J. Murphy III.
"She perjured herself. Unbelievable," the boy's mother said outside the courtroom.
"I wouldn't call it that," Assistant District Attorney Robert A. Zucco said. "She was reluctant to admit that anything happened."
Murphy asked Wesolowski in court if she attempted to have oral sex with the boy on Nov. 3, 2009. "No," she answered.
Murphy then called Zucco and Eoannou to the bench for a conference, during which the judge could be heard asking, "Will she say yes to sexual contact?"
After the lawyers returned to their tables, Murphy asked Wesolowski if she tried to have sexual contact with the boy. "Yes," she said, and Murphy accepted her guilty plea.
"And we agreed to the plea on the condition that she admit it happened," the boy's furious mother said.
Wesolowski had been offered a misdemeanor plea to sexual misconduct three months ago, but she refused it.
She then was indicted by a grand jury on 10 counts, nine of them felonies, including statutory rape and criminal sexual act.
Zucco said in court that Monday's plea was meant to resolve those "and other potential charges. When I presented this to the grand jury, I said it was representative incidents."
Asked after court why he offered a misdemeanor plea again, Zucco said, "It had to do with the victim's attitude toward the case, and also because it's unlikely it would be a state prison case if we were successful at trial."
He added, "I'm not sure I'd be saying the same thing if the genders were reversed."
Zucco said he reached the conclusion that a prison term was unlikely because Wesolowski had no prior criminal record and because Eoannou gave the judge a positive psychiatric report that concluded Wesolowski was unlikely to reoffend.
The boy said he and Wesolowski had sexual intercourse often between November 2009 and March 2010. He said the affair began about two months after he broke up with Wesolowski's daughter.
Asked who initiated the affair, the boy said, "It was mutual."
The boy moved to North Carolina in January to live with an aunt and finish his senior year of high school. He also plans to attend college in that state.
His mother said she was angry because of Wesolowski "not taking responsibility for what happened in this case and what happened to my family."
Wesolowski remains free on $1,000 bail set in Wilson Town Court after her July 28 arrest.