The family of a 91-year-old woman, who was allegedly sexually assaulted in an assisted living facility, told Eyewitness News the 97-year-old man, whom police arrested, is still living there.
The victim's family told Eyewitness News they feel he should have been evicted months ago and are now coming forward with their story as the process continues to drags on.
"In our wildest dreams we just never expected anything like this,” the victim’s daughter Ann Wayne said.
Wayne said it’s been an ongoing nightmare since late November.
That's when her 91 mother was allegedly sexually assaulted inside the Smithfield Gardens Assisted Living Facility in Seymour.
Police arrested another resident, Nicholas Minuto. He was charged with fourth-degree sexual assault.
While the criminal file is sealed, the accusation is startling.
"One of the aides was walking by her room and happened to look in and saw Mr. Minuto in there with his hands inside her underwear and trying to kiss her,” Wayne said.
Wayne moved her mother, who has trouble communicating, out right away.
She added her original plan was to bring her back to Smithfield Gardens, a place she's called home since 2007, but her niece said that's just not possible with the accused still living there.
"Why? I don't understand it. She's been displaced for her safety and he hasn't missed a beat,” the victim's granddaughter Laurie Sheehan said.
That has the family frustrated with the Seymour Housing Authority, which runs the facility.
After looking over the lease agreement, Wayne argues it’s there in black and white.
"Criminal activity is cause for eviction even in the absence of conviction...says it all right there,” Wayne said as she read the lease agreement.
Court paperwork shows the Housing Authority is trying to evict Minuto. He was given a pre-termination notice in December, but seven months later following hearings and a move to housing court, he's still living here.
"Their position is that there isn't much they can do,” Wayne said. “They said he had rights."
"Mr. Minuto is still in possession of his apartment until such times as the court determines that his occupancy shall terminate,” the housing authority's executive director David J. Keyser told Eyewitness News.
He said since the allegation there has been no similar reports. But that doesn't make this family feel any better.
"I was also concerned about all the other women in that facility and who was protecting them,” Wayne said.
Wayne said she stopped paying her mother's rent in May and was recently served an eviction notice herself. She's supposed to have all her mother's belongings out this month.
"My mother is 91, these things are not supposed to happen,” Wayne said. “My mother can't speak, we have to be her voice."
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