Published: September 02, 2008 09:58 pm      

NIAGARA FALLS: Nursing aide denies sex abuse charges

Cops say he could be linked to attacks at other facilities

A Falls man, already charged with sexually abusing an 89-year-old nursing home patient in the city, may also be a suspect in similar assaults in other parts of Niagara County.

Falls police have confirmed they are working with investigators from the Niagara County Sheriff’s Department in a continuing probe of the activities of David Payne.

Payne, 46, 2226 Niagara Ave., pleaded not guilty, during an arraignment in City Court on Tuesday, to two counts of first-degree criminal sex act. Appearing in court wearing a blue paper jumpsuit, because his clothes had been taken for crime lab analysis, Payne was ordered jailed in lieu of bail of $15,000 cash or $30,000 property.

He is due back for a preliminary hearing on Friday.

Over the weekend, Falls police detectives interviewed as many residents of the Niagara Rehabilitation and Nursing Center, 822 Cedar Ave., as they could to determine if Payne had abused any other patients.

“There are no new disclosures (or victims),” Detective Capt. Ernest Palmer sad.

However, Palmer said Payne may face additional charges involving the one victim who has been identified.

“We do have reason to believe (Payne abused the victim more than once),” Palmer said. “We’ll consult with the district attorney and that may be part of what we present to the grand jury.”

Sources have also told the Gazette that Payne is a suspect in possible sexual abuse cases at nursing homes in Lewiston and Ransomville.

Payne has been employed as a certified nursing assistant at the Niagara Rehabilitation facility since January.

Another nursing assistant told police she was conducting rounds at 2 a.m. and found the door to the patient’s room closed. The woman said she found that “suspicious” because the patient’s room is always open.

After checking the room and not seeing anything out of the ordinary, the woman continued her rounds. When she returned to the patient’s room an hour later, she again found the door closed.

When she looked inside the room, she said she saw Payne getting out of the patient’s bed.

“He was not checking on her,” the aide said, “because she is not his patient and is an only female care resident.”

The nursing aide alerted her supervisor who called police and then went back to speak to the victim.

“I kneeled down and asked her if she was OK,” the aide said. “(She) said, ‘No.’ ”

The victim said Payne entered her room, took off his pants and sexually assaulted her.

“He said the doctor wanted to see me,” the victim said. “I didn’t see no doctor.”

Niagara Rehabilitation supervisors told police that that the victim has a bed alarm for her safety. Payne told police he was in the woman’s room because the alarm had gone off and he was readjusting it.”

“I didn’t do this,” Payne told police. “I’m not going to confess to something I didn’t do.”

Palmer said the victim had injuries that were “consistent with a sexual assault.”