ALBANY – Assembly Speaker Sheldon Silver’s chief counsel was indicted on four counts of rape yesterday, two more than originally charged when he was first arrested in June.
J. Michael Boxley faces up to 25 years in prison after being accused of repeatedly ignoring the demands of a 22-year-old Assembly staffer to “get off me” and “stop, you are hurting me,” according to the Albany County grand jury indictment.
The number of charges against Boxley, who was led away in handcuffs after being arrested in his Assembly office last month, doubled after Albany County District Attorney Paul Clyne accused him of attacking the same young woman twice over six hours at her apartment after a night of drinking at two local restaurants.
Clyne said he expected the 43-year-old Boxley – who was publicly accused of rape two years ago by another young Assembly staffer who did not press criminal charges – to be arraigned late next week and face trial in the spring.
The first rape was alleged to have occurred “sometime between the hours of 1 a.m. and 5 a.m.” on June 10, while the second attack was described as having occurred “between approximately 5 a.m. and 7 a.m.”
The two most serious charges were first-degree rape, and prosecutors allege Boxley had sex with a victim “incapable of consent by virtue of being physically helpless by reason of being asleep and/or incoherent due to intoxication by drugs and/or alcohol.”
Albany police originally charged that Boxley may have used a “date rape” drug on his victim – who is on the staff of Assemblywoman Susan John (D-Rochester) – but they have since said laboratory tests were inconclusive.
The two other charges, for third-degree rape, allege Boxley attacked his victim “after she expressed that she did not consent to engage in such act, by crying and/or stating, ‘get off me’ and/or ‘stop you are hurting me.’ “
Boxley, who was paid $130,395 a year, pleaded innocent after his arrest on June 11 and was released on $25,000 bail.
Boxley’s attorney, E. Stewart Jones Jr., said his client and the alleged victim were social friends, insisting that whatever happened that night was consensual – a claim rejected by the DA.
“Maybe I’m post-modern or something, because I don’t think we’re at the point in society where having a drink with a member of the opposite sex means that we consent to intercourse,” said Clyne.
Boxley is on an unpaid leave of absence, although he is collecting his salary because of more than 42 weeks of accumulated leave time.
(p.5 metro)