NORWICH – Public Defender Alan Gordon challenged an alleged confession made to sheriff’s investigators by an accused child rapist in Chenango County Court Monday, claiming police had the option of recording the interview with audio and video, but chose not to.

Chenango County Sheriff’s Detective John Fern testified that he elected not to use the office’s equipment to record the interview, but said the defendant initialed each sheet of a three-page statement before signing his full name.

The defendant, 21-year-old Justin R. Zimmerman of Oxford, was indicted March 10 on two counts of predatory sexual assault against a child, Class A-II felonies.

Prosecutors accuse Zimmerman of having sexual intercourse and molesting a three-year-old female on Feb. 9 and 11 in the Village of Oxford.

He was also indicted on two counts of first degree rape, two counts of first degree criminal sexual act, class B felonies, and first degree sexual abuse, a class D felony.

He was arrested Feb. 20 after an investigation by the Sheriff’s Office and Child Protective Services.

The victim’s mother was also charged with endangering the welfare of a child and making a false written statements to police after allegedly attempting to cover up the incidents up from investigators.

In Monday’s hearing, Gordon pointed out to the court that no one except his client and the detective were present for the 45-minute interview, which allegedly included an oral and written confession.