Man Sentenced to 23 Years for Aggravated Sexual Assault and Burglary
Published on July 07, 2023
Morris County Prosecutor Robert J. Carroll, First Assistant Prosecutor Maggie Calderwood, Chief of Detectives Robert McNally, and Morristown Police Chief Darnell Richardson announce the sentencing of Brian K. Session, 53, formerly of Jersey City, New Jersey, for acts of Aggravated Sexual Assault and Burglary that occurred in Morristown in 2017 and 2018.
On July 6, 2023, the Honorable Judge Ralph E. Amirata, J.S.C., sentenced Session to an aggregate sentence of 23 years incarceration in New Jersey State Prison. Specifically, Session was ordered to serve 18 years New Jersey State Prison on a first-degree Aggravated Sexual Assault offense, subject to the No Early Release Act, Parole Supervision for Life and Megan’s Law, with a consecutive sentence of 5 years New Jersey State Prison with 2.5 years of parole ineligibility for five counts of Burglary.
After a number of delays caused by Session’s requests for adjournments and the COVID-19 trial shutdown, the case was scheduled for trial in September 2022. Facing a 30-count indictment alleging acts including Burglary, Theft, Kidnapping and Aggravated Sexual Assault, Session pled guilty on September 29, 2022, one day before opening statements were set to begin. At that time, Session admitted to breaking into five separate apartments with the intent to commit theft in Morristown in November and December of 2017.
Session also admitted to entering into an apartment in Morristown without the victim’s permission on January 18, 2018, with the intent to steal items from within the apartment. While Session was burglarizing the apartment, the victim returned home. The victim reported that she was physically attacked, bound, and sexually assaulted against her will. At the time of his plea, Session admitted to sexually assaulting the victim during the course of the burglary.
Prior to sentencing, Session filed a motion to withdraw his guilty plea on March 9, 2023, claiming ineffective assistance of counsel and that he did not have time to review evidence in the case. The State opposed the motion. Judge Amirata denied defendant’s request on July 6, finding that defendant’s arguments “defied credibility” based upon the evidence in the record, and that the interests of justice would not be served by granting defendant’s motion.
The State was represented by Chief Assistant Prosecutor Meg Rodriguez and Assistant Prosecutor Samantha Polizzi.
Prosecutor Carroll would like to acknowledge the Morristown Police Department, specifically Detectives Scott Weaver and Robert Edwards, the Morris County Prosecutor’s Office’s Sex Crimes/Child Endangerment Unit and General Investigations Unit for their efforts in this investigation and prosecution.
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