Bail increased for man, 43, accused of attempted sex abuse

PHOTOGRAPHER: Steven Cook

A city man accused of exposing himself to two young children and trying to sexually abuse them saw his bail increased Wednesday to $75,000.

The increase came after the charges he’s facing were upgraded through a recent indictment. The most serious charges carry sentences of up to life in prison.

Matthew F. Swain, 43, formerly of Thompson Street, appeared in Schenectady County Court Wednesday and pleaded innocent to all charges.

Swain was indicted recently on multiple counts, including two top level counts of attempted predatory sexual assault against a child. Each count carries a maximum of 25 years to life in state prison, prosecutor Jessica Lorusso said.

Swain was arrested in May, days after authorities say he exposed himself to children at the Broadway Discount, 1833 Broadway, at about 4 p.m. April 29.

Swain is also accused of attempting to get the children to perform a sex act.

Swain was taken into custody after police released a surveillance photo of the suspect. The photo was aired by local media and information provided by the public as a result was instrumental in Swain’s arrest, police said.

Swain appeared in court with his attorney Sven Paul. Several Swain family members were also in the gallery.

Swain had been free on $7,500 bail. Paul argued that the bail should remain the same. Swain has extensive ties to the area, Paul argued. He has a job and isn’t a fl ight risk.

Paul also indicated that Swain has valid defenses to the accusations and he is looking forward to presenting them.

Lorusso, however, argued for bail of no less than $150,000, given the seriousness of the charges.

“The nature of the proof is strong,” Lorusso said.

Lorusso also mentioned stalking and surveillance allegations in bolstering her argument.

Judge Karen Drago increased Swain’s bail to $75,000, citing the seriousness of the charges he faces.

Swain also faces two counts of endangering the welfare of a child and one count of public lewdness, misdemeanors.

The indictment also includes a child pornography charge and a stalking charge. The child pornography charge relates to at least one image found on his Blackberry, Lorusso said.

The stalking charge relates to a woman and her two young children who were shopping at the Rotterdam Walmart several hours after the incident at the Broadway store, Lorusso said.

Swain allegedly followed the family around the store for between 30 and 45 minutes. The mother became aware he was following them and actively went to parts of the store where he would have no business going, including the girl’s section.

He also checked out at the same time, allegedly waiting and letting others go ahead of him in the express lane for the mother and girls to check out in another lane.

The woman finally saw a friend and sought to walk with the friend. Swain finished checking out and returned to the store, Lorusso said.

The mother heard about he search for the suspect in the Broadway store incident and called police and relayed what happened to her.

Lorusso said Swain is also suspected of surreptitiously videotaping women through their home windows.

Lorusso said if anyone believes they may have been caught on one of the videos, they should contact police.