A motion to vacate the conviction of a Watkins Glen man who could spend the rest of his life in prison for a 2015 rape sentence has been denied. In a two-part decision dated November 3, 2023, and February 22, 2024, Hon. Scott A. Miller (Presiding Judge from Tompkins County) denied a motion to vacate the conviction of Jeffrey Forney in Schuyler County Court.
Forney, and co-defendant Aaron Bowen, were convicted of raping an 18-year-old woman at a home on State Route 414 in the Town of Dix on August 25, 2015. After the rape, Forney and Bowen dumped the unconscious woman on the side of the road in Horseheads. She was found in the early morning hours by two motorists who happened to be driving by the area where she had been dumped.
Forney and Bowen proceeded to trial before a jury in January of 2017. That case ended in a mistrial when a single juror held out for an acquittal. That juror was later convicted of perjury committed during the jury selection process.
Forney and Bowen then moved to have separate trials in front of then-Schuyler County Court Judge Dennis Morris. Forney was convicted after trial of Predatory Sexual Assault, a class A violent felony, and Unlawfully Dealing with a Minor. He was sentenced to 21 years to life in prison. Bowen was convicted of Rape in the First Degree and Criminal Sexual Act in the First Degree (Class B violent felonies) and was sentenced to 8 years in prison plus 7 years post-release supervision.
Forney appealed his conviction to the Appellate Division Third Department in 2019 but was unsuccessful and his conviction was affirmed on March 27, 2020. In March of 2023, Forney filed this motion to vacate his conviction in Schuyler County Court. Hon. Matthew C. Hayden recused himself and Judge Miller was assigned because Judge Hayden had prosecuted Forney and Bowen on these charges when he was Chief Assistant District Attorney. Forney’s motion argued twenty-seven different points that he believed to be a proper basis for vacating his conviction. Schuyler County District Attorney Joseph G. Fazzary successfully argued against the motion. Judge Miller initially held that the defendant had not raised a single proper ground that would require vacatur of his conviction. He, did, however, request that one issue be further briefed and argued by counsel. After this was done, Judge Miller summarily denied Forney’s motion to vacate his conviction.
Copies of Judge Miller’s decisions are available upon request at the District Attorney’s Office.
Forney will be eligible for parole in 2036. Bowen will be released from prison in April of this year after serving two-thirds of his sentence.
