Moishe Turner
Monsey Hasid Who Repeatedly Raped 14-Year-Old Boy Is Sentenced To – Probation
Shmarya Rosenberg • FailedMessiah.com
Even though a Monsey hasid refused to take full responsibility for sexually abusing a young teenage boy, a New York State Supreme Court judge sentenced the sex offender to a probation-only sentence, the Journal News reported.
59-year-old Moishe Turner told probation officials in Rockland County that the boy backed his buttocks into him, which caused Turner to become sexually excited and the sexual contact to be initiated.
Justice William Kelly said Turner’s statements about the crime raised doubts about Turner’s sincerity in pleading guilty, noting that Turner appeared to be blaming the boy for the sexual abuse throughout his conversations with probation officials. Kelly noted that the probation officer recommended that Turner be sentenced to 6 months in prison because of that.
Kelly also noted that Turner seems to have “characterized the victim, a 14-year-old, as sexually aggressive, a wild child,” Kelly said, pointing out that Turner was “qualifying” and “hedging” on his January guilty plea.
Turner, who pleaded guilty to second-degree criminal sex act on January 18, could have been sentenced to 7 years in prison. In the plea, Turner admitted having anal and oral sex with the boy on seven occasions during July 2011.
Rockland County District Attorney Thomas Zugibe and prosecutor Jennifer Parietti offered the non-jail plea agreement when the boy’s parents, after being threatened and harassed by the local hasidic community, told prosecutors that they did not want their son to testify in open court.
Zugibe and local police made no known efforts to protect the family or to prosecute the hasidim – inlcuding senior rabbis – who intimidated them.
The boy had previous testified before a grand jury, giving specific details of sexual abuse. It indicted Turner on 7 counts of criminal sex acts and endangering the welfare of a child.
Turner also allegedly rented a car for the under-age boy and allowed him to drive it without a valid driver’s license. Turner denied that charge.
The probation report found that Turner is unemployed. He receives food stamps and Section 8. Turner has no prior history of criminal convictions.
Turner’s lawyer, disgraced former district attorney Kenneth Gribetz, insisted in court that, despite multiple statements by Turner to the contrary, Turner really had accepted full responsibility for raping the boy.
“I’m sorry for the whole problem. I will never do that in my life,” Turner testified at the sentencing hearing earlier today.
Kelly clearly did not believe Turner. He recessed the sentencing hearing to give Gribetz time to talk to Turner.
After a brief interlude, Gribetz cited Turner’s comments about anal and oral sex made during his guilty plea and Turner acknowledged making the statements and pleading guilty.
At that point, despite the clear evidence that Turner’s plea was insincere and that Turner blamed a sexually attractive young teen for the sex acts Turner committed on the teen, Kelly sentenced Turner to 10 years probation and ordered him to pay fees and assessments of $1,425, which includes a $1,000 sexual offender registration fee.
Kelly then held a short hearing on Turner’s potential to reoffend and classified Turner as a Level 2 sex offender.
The sex offender registration system has three possible classifications: Levels 1, 2, and 3.
According to New York State’s criminal justice website, “…risk level is based on the court's assessment regarding whether a particular offender is likely to repeat the same or similar registerable offense and the danger the offender poses to the community.”
A Level 2 sex offender must register as a sex offender for the rest of his life.
A Level 2 sex offender who was not designated a sexual predator, sexually violent offender or predicate sex offender, can petition to be removed from the sex offender registry, but only after being registered for at least 30 years.
That should mean that Turner will be registered as a sex offender until he he 89-years-old.
However, a district attorney or the sex offender himself can petition to reduce the classification level of a sex offender. If Turner does this, he could be reduced to Level 1 status. If that happens, he will only be registered for 20 years and his registration information would then no longer be made public.
Turner can make this petition at any time and, because of privacy laws, the proceedings would not be public and the victim would not necessarily be told the petition had been made and was being considered, meaning that Turner could disappear from the sex offender registry – a possibility some observers believe to be very real.
Kelly ordered Turner to report his living address to the police if he moves – a requirement of all sex offenders. He also ordered Turner to stay away from the boy until March 2021, and away from all other children, as well.
According to prosecutors, Turner scored 75 on the point system used to classify sex offenders. 70 points is the minimum for Level 2 status. Turner received 65 points based primarily on his continuous sexual abuse of a 14-year-old boy, and 10 more points for not accepting full responsibility.
Through his attorney, Turner asked Kelly to classify him as a Level 1 offender, the lowest risk to re-offend. A Level 1 designation would also have kept Turner’s name off the public sex offender registry.
Kelly refused, noting that Turner could have been classified as a Level 3 offender.
“I totally disagree that’s he’s accepted responsibility. It seems the court could have an upward departure [designating Turner as a Level 3 offender because of his attitude]. Level 2, I think that’s…appropriate,” Judge Kelly said.
[Hat Tip: Devorah.]