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Judge trims would-be rapist’s sentence at victim’s urging

LOCKPORT – Niagara County Judge Matthew J. Murphy III imposed a six-year prison term Friday on a Niagara Falls man who tried to rape a 67-year-old woman in her home last July 3.

Murphy had agreed to a prosecution recommendation to sentence Anthony Brinson Jr., 60, of Niagara Avenue, to no more than eight years behind bars. He said he chose six years because of a letter from the victim asking for leniency. The letter asked for the legal minimum sentence for attempted first-degree rape, which is 3½ years.

Murphy said the woman “must be an extraordinary person, full of the milk of human kindness.” Assistant Public Defender Michele G. Bergevin said Brinson did odd jobs for the woman and wouldn’t have attacked her if not for his substance abuse.

Murphy, who called it “probably the most lenient sentence I’ve ever given in an attempted rape case,” added 15 years of post-release supervision for Brinson.