HUDSON — A Hudson man accused of raping a toddler was ordered to be sent to Massachusetts to face charges after he waived an extradition hearing Thursday in Columbia County Court.
Gary Montana, 32, was wanted for indecent assault and battery on a child under 14 and rape of a child with force, all felonies under Massachusetts state law, according to a statement from New York State Police.
State police arrested Montana in the Hudson area Aug. 21 on a warrant from Pittsfield police in Massachusetts for the alleged rape and assault of an 18-month-old boy, according to state police. Investigators believe the crime took place in Pittsfield in January, police said. Montana has been held in Columbia County Jail without bail since his arrest.
Montana can be brought up on formal charges by the Berkshire County District Attorney’s Office, but it is unclear when he will be arraigned.
“It is going to be a few days before paperwork is filed and he is picked up,” said Fred Lantz, a spokesman for the Berkshire County District Attorney’s Office. “It is too early to say right now [when he will be arraigned].”
State police arrested Montana after Pittsfield police called and provided an address for his potential location. Police went to the address and arrested Montana without incident, state police Senior Investigator Eric Barnes said Thursday.
Another person, Erica Emerling, 29, of Pittsfield, Massachusetts, has also been charged with aggravated rape of a child with force, posing a child in a sexual act, and aggravated indecent assault and battery on a child under 14 in connection to the crime.
Lantz would not say what Emerling and Montana’s relationship is, and what their relationship is to the boy, citing the case is pending.
Emerling and Montana were indicted Aug. 8 in Berkshire Superior Court, according to court documents.
Emerling was released on the condition of not having any contact with the alleged victim, after pleading not guilty at her arraignment on Aug. 27. She is due to return to court for a pretrial hearing on Feb. 6.
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