Mar 19, 2013
A 59-year-old Monsey man was sentenced Tuesday to 10 years’ probation for sexually abusing a 14-year-old boy, though the justice said the man hedged on taking full responsibility.
Moishe Turner told Rockland County probation officials that the boy backed his buttocks into him, causing them to have sexual contact, state Supreme Court Justice William Kelly said reading from a presentencing report in New City.
Kelly said the comments raised doubts about Turner’s sincerity and he seemed to blame the boy for the sexual acts. The justice noted the probation officer recommended six months in jail for Turner for that reason.
Turner seems to have “characterized the victim, a 14-year-old, as sexually aggressive, a wild child,” Kelly said, adding Turner was “qualifying” and “hedging” on his January plea.
Turner pleaded guilty Jan. 18 to second-degree criminal sex act, a charge that could have brought seven years in prison. He admitted having anal and oral sex with the boy on seven occasions during July 2011.
District Attorney Thomas Zugibe and prosecutor Jennifer Parietti offered the plea agreement, which spares Turner from serving jail time. The family didn’t want the boy testifying in open court, though the youngster offered specific details of sexual abuse before the grand jury that indicted Turner on seven counts of criminal sex act and endangering the welfare of a child.
Turner also denied he rented a car for the boy, who was stopped by police for driving without a license. The report said Turner, a married father of five children, is unemployed, has no prior criminal history and receives food stamps and Section 8 assistance toward his rent at 8 Dana Road, Kelly said.
Turner’s lawyer, Kenneth Gribetz, insisted to Kelly that the Monsey man accepted responsibility. Gribetz told the justice that Turner has come to the realization that he was wrong and there’s no rationalization for his actions.
“I’m sorry for the whole problem,” Turner told Kelly. “I will never do that in my life.”
Kelly was not convinced and recessed the sentencing to allow Gribetz to talk to Turner. After a brief interlude outside the courtroom, Turner acknowledged his plea.
Kelly sentenced Turner to 10 years’ probation and ordered him to pay fees and assessments of $1,425, including a $1,000 sexual offender fee.
Kelly then held a short hearing and classified Turner as a Level 2 sex offender, a designation stating there’s a moderate chance of repeating the crime.
His name, address, criminal history and personal information will be open to the public on the state sex offender registry website.
Turner has to report his address to the police if he moves and must stay away from the boy until March 2021.
Parietti said Turner scored 75 on the point system used to classify sex offenders. The minimum is 70 points for Level 2 status.
He received 10 points for not accepting full responsibility and 65 points for three other categories involving the continuous sexual abuse of a 14-year-old boy, she said.
Gribetz, at Turner’s request, asked Kelly to classify Turner as Level 1, a low risk to repeat and a designation that doesn’t require his name on the public registry.
Kelly responded that Turner could be classified as a Level 3, the highest designation.
“I totally disagree that’s he’s accepted responsibility,” Kelly said. “Level 2, I think that’s ... appropriate.”
Posted by Rabbi Nuchem Rosenberg at 3/20/2013
מאנסי'ער איינוואינער היט אייערע קינדער א ווילדער מנובל דרייט זיך אוף דער פריי
Rabbi Nuchem Rosenberg