Probation for man in park-bench sex attempt

MONTROSE — James Daniels will spend four years on supervised probation but, despite his sex conviction, he is to be permitted contact with his children and teenage brother.

That decision upset the family of the 15-year-old girl with whom he admitted to having sexual relations in March.

"They're all using his learning disability as an excuse for all this," the victim's mother said after Daniels' sentencing hearing Monday.

Daniels, 26, was caught in Riverbottom Park in the initial stages of having sex with the girl on a park bench back in March.

A toddler the girl was babysitting was nearby; on Monday, her mother told the Daily Press police found the child near the water, where the potential for danger was high.

The day after his arrest, Daniels pleaded guilty to sexual assault-10 year age difference and public indecency. He unsuccessfully attempted to withdraw that plea once he obtained an attorney, who said his learning disability meant he was unable to understand the long-term consequences. Daniels' cousin reiterated that concern in conversations with the Daily Press.

The toddler's mother said Monday she feared Daniels had used his teenage brother and the boy's MySpace account as a means of making contact with the victim.

"I think he should've stayed in jail and should not be with his kids," the woman said.

But during court, Daniels' family pleaded with Judge John Mitchel to allow access to his two children, and asked that he not be prohibited from contact with his younger brother.

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