Kidnap suspect back in Gloversville court
GLOVERSVILLE — A preliminary hearing has been set for kidnapping suspect Delaney E. Akins in City Court for Friday, but his court appointed attorney pointed to the unlikelihood that the hearing would occur due to an existing parole hold.
Akins, 26, of 260 W. 131st St., Manhattan, appeared briefly in City Court on Wednesday, represented by Johnstown attorney Kyle Davis who requested a preliminary hearing on behalf of his client.
Davis told Judge Traci DiMezza that he advised Akins that Fulton County District Attorney Chad Brown was unlikely to go through with the hearing due to a parole hold against him.
“I spoke with Mr. Akins, he wishes to schedule his preliminary hearing. I did advise him that he has a parole hold so the people will likely not go forward with the hearing, but he’d like to schedule one anyway,” Davis said.
DiMezza granted the request, asking that Brown contact the court if his office decides not to go forward with the proceedings that are scheduled for Friday at 2 p.m.
Additionally, DiMezza advised Akins and Davis that if the preliminary hearing does not move forward, she will divest the matter to Fulton County Court.
“Once the people decide not to present any evidence at the hearing or you’ve already asserted your right under the provisions of the felony proceeding and nothing happens on that day, I’m not going to let it linger in this court, I’m going to divest it up,” DiMezza said. “So please keep that in mind.”
Davis agreed and Akins was returned to Fulton County Jail where he is currently incarcerated on a single charge of first-degree kidnapping, a class A felony.
Contacted later Wednesday, Brown declined to discuss the specifics surrounding the parole hold against Akins, but said a hold may be issued out of another court or jurisdiction to prevent a jailed individual from being released.
Brown noted preliminary felony hearings are typically held to determine if an accused individual will be held over for grand jury action if they are incarcerated. Given that Akins has an additional reason to be held, Brown said it is less likely that the preliminary hearing will go forward.
“He already has a parole hold, he has a different reason keeping him in there as well, that’s why it’s less of a possibility going forward,” Brown said.
Brown said he is still looking into things related to a possible preliminary hearing and will notify Davis and the court when he has made a determination.
The decision can be made as late as Friday afternoon just before the scheduled time, but Brown said typically he would not make the decision that late.
If the preliminary hearing does not occur, the matter will be moved to Fulton County Court where it will wait until Brown’s office files an accusation in the form of superior court information or a grand jury has been called and an indictment handed up.
Brown noted that under statutory speedy trial rights, action typically must be taken within six months of the arrest date or the case could face dismissal. Akins was taken into custody by city police on Aug. 21.
Akins was located by police at 15 James St. after multiple law enforcement agencies began investigating the circumstances that left Akins’ alleged male victim injured and wandering Kingsboro Avenue wearing only a T-shirt, boxer shorts and a towel around his head earlier on Aug. 21 around 9 a.m.
According to documents filed by police in City Court, Akins is accused of abducting and restraining another person from Aug. 15 to Aug. 21 in the basement of a building at 15 James St. “with the intent to inflict physical injury…violate or abuse him sexually.”
During that time, Akins allegedly bound the victim’s hands and feet and inflicted physical injury against the man, causing “contusions and bruising to his eye and burns to his body.”
Area police descended on the James Street building after responding to a warrant issued. Akins was located inside the building during the search and taken into custody without incident.
The victim was transported on Aug. 21 from Nathan Littauer Hospital to Albany Medical Center. Due to the nature of the alleged crime, The Leader-Herald is withholding the victim’s name.
Brown said Wednesday that the investigation into the alleged kidnapping is still ongoing and he could not provide any additional information at this time. The investigation is being conducted by Brown’s office, city police and state police.