Corrections Officer and Woman Accused of Sexually Assaulting a 15-year-old Girl (Updated)

A county Department of Corrections officer, who unsuccessfully ran for Lakeland School Board in May, and a Shrub Oak woman are charged with third-degree rape, class D felony, and endangering the welfare of a child, a class A misdemeanor after they allegedly engaged in sexual contact with a 15-year-old girl, police said.

Yorktown resident Frederick Portella, 44, voluntarily surrendered himself at police headquarters in the presence of his attorney Pat Bonnano on June 17 at 12:30 p.m., where he was formally charged.

The same day, he stood before the judge with his head down as his lawyer entered not-guilty pleas to both charges. He was released on $10,000 bail. Judge Ilan Gilbert issued a Temporary Order of Protection.

His next court date is July 6.

The incident happened on May 21 at the home of Michelle Mace, 33, at 1106 Stonegate Road in Shrub Oak, where the man and woman "acted together" as they engaged in sexual conduct with the 15-year-old girl, police said.

A school resource officer was informed on May 26 that a student was sexually assaulted at a residence over the weekend. The school resource officer and Detective Timothy Tausz began an investigation, which revealed that the 15-year-old female victim was babysitting Mace's two children when later that evening Michelle Mace returned home with a male subject, who was later identified as Frederick Portella. 

Mace's two children, ages 8 and 10, were upstairs while the alleged rape was going on downstairs, police said. 

Portella, a married father of three children, has been a corrections officer since 1989. He is also the second vice president of the Westchester County Corrections Officers' Benevolent Association. He was a former Lakeland School Board candidate in May, but was not elected. 

Attorney Pat Bonanno, who represents the Westchester Corrections Officers' PBA, said his client is innocent.

"Mr. Portella intends on fully defending these allegations that have besmirched his character," Bonano said. "He is a man of character. He's well known in the community for his integrity and honesty."

Michelle Mace, secretary for a construction company, was arrested on May 26 as she arrived home. Mace was initially held without bail in the the Westchester County jail before being released on $15,000 bond, $7,500 cash bail.

Her next court date is July 6.

Yorktown Police Chief Daniel McMahon said Michelle Mace has a prior criminal record. In 1998, she was charged with a second-degree forgery in Nassau County, while Portella has no criminal history. 

Westchester officials say Portella would be suspended with pay from his job as a corrections officer Friday morning. 

The third-degree rape charge was filed because the victim is unable to consent to to sexual relations due to her age. There was no violence involved when the married man and his girlfriend engaged in a sexual contact with the teen, police said. 

Last week town councilmen Nick Bianco and Terrence Murphy proposed legislation that would bar sex offenders from living or working near places where children go to school, live or frequent. The Town Board discussed the Child Safety Legislation and attorneys are investigating if the proposed law is constitutional.