A nursing home employee is under arrest for the alleged sexual abuse of an elderly patient. David Payne, 46, works as a certified nursing assistant at the Niagara Rehabilitation and Nursing Center on Cedar Avenue in Niagara Falls. Police say early Friday morning another employee at the center spotted Payne in bed with an 89-year-old female patient, and that patient later told police that Payne had sexually abused her. "Her injuries are not life-threatening but she's been through a terrible ordeal," says Det. Capt. Ernest Palmer of the Niagara Falls Police Department.

Payne is now charged with two counts of criminal sexual acts in the first degree and police want to know if he's done this before to this woman or other patients. "We do have reason to believe this is not the first time this has happened to this woman and we also will be interviewing all the patients and staff in the building in short notice," says Capt. Palmer.

Police say Payne has a prior criminal record for burglary and larceny charges, but he has no record of prior sexual offenses. Investigators say the victim in this case was unable to defend herself. "Absolutely a despicable crime really," says Capt. Palmer, "To take advantage of anyone is criminal but to take advantage of an elderly person or someone who can't defend themselves or fight back is just horrible."

Payne is being held without bail until his arraignment next week.