by LAURALYN AVALLONE
Parents of a mentally challenged daughter are disturbed that they were left off a mailing list alerting Baldwinites that a recently released sex offender moved to Baldwin this summer. Other parents are upset that the release mailed en mass by the Baldwin School District is not specific enough about the type of crimes committed. They are calling for changes that would strengthen Megan's Law.
The notice sent home by the Baldwin School District states that Gerald J. Magner, a 68-year-old convicted sex offender, was recently released from a Westchester County prison and is now residing in Baldwin. The description of his offense is as follows; "Course sex conduct-child 2nd." No other explanation was included.
This touched a nerve with one Baldwin mother who wished to remain anonymous. "We should have all the information that could help us identify the guy. It should be explained to everyone."
According to police at the First Precinct, Mr. Magner befriended a family with two daughters, aged seven and nine years. He invited them into his home where, for two years, he sexually abused the girls. Police said he also stalked the sisters throughout their hometown of Tarrytown, at bus stops, stores and at the village pool.
He served four months in jail, intermittent - meaning he was only confined to a prison cell on weekends. He was sentenced to five years probation. He is described as a white male, 5'4, 155 pounds. with gray hair and blue eyes. In the photocopied picture provided by police, he is balding and wearing glasses.
When asked if he poses a threat to Baldwin children, Deputy Inspector Rich Kennedy of the First Precinct said, "He is dangerous enough to let the community know he's around and to watch your kids."
D.I. Kennedy said that Gerald Magner is the only sex offender known to police living in Baldwin. Mr. Magner is not listed in the phone book and could not be reach for comment.
Megan's Law was passed in New York in January, 1996, allowing states to inform the community when a convicted sex offender moves into the neighborhood. The law is named after 7-year-old Megan Kanka of Hamilton, New Jersey who was raped and strangled by a convicted sex offender who lived across the street.
According to Sergeant Algieri of the Special Victims Squad, under the law, when a convicted sex offender moves he must inform the state where he is living. The state then notifies the Department of Criminal Justice Services who then relay the information to police precincts in the area. The police are then authorized, but not required, to release certain background information to the public. It is up to police discretion how much information will be released about the offender's crime.
Sex offenders who committed crimes before Megan's Law was enacted in January of 1996 are currently protected by a May 1998 court injunction that prevents the public from being notified. Some parents don't feel authorities are giving out enough information about the offenders who are not protected by the injunction.
When the Herald provided the Baldwin mother with the First Precinct's information on Mr. Magner, she said, "I think that's hugely different information than what we were given.
"If he was a neighbor walking a cute dog and he asked my children to pet the dog, I would let them. It's easy for this type of person who looks non-threatening, to befriend a family and my guard would be down if he were a neighbor," said the Baldwin mother of two young children.
A Baldwin resident whose daughter attends the Association for the Help of Retarded Children in Brookville, said she was never notified. "If anybody should be notified, we should be. My daughter can't speak, she can't tell me if someone hurt her. She's a target to be taken advantage of," she said. "It's appalling not to know something about this. Authorities should be required to release all information in all 50 states to make sure your children are safe and protected. What has to happen before things change? Does someone have to be murdered?"
According to a spokesperson for the Baldwin School District, a mailing of the notification was sent to all the parents in the district, including St. Christopher's. Since the mother's child is not registered in one of the Baldwin schools she wouldn't have been notified, she said. "The law does not require us to notify."
An officer at the First Precinct said a "loophole" caused the mother to be missed. "We can't go around door to door notifying everyone unless he's a level 3 (high risk offender). Once in a while, someone [a parent] is going to fall through the cracks."
Executive Director of Parent's for Megan's Law, Laura Ahern, feels that it's "outrageous" that more notifications aren't made. "People call me up after they find out a sex offender is living in their neighborhood and police officers didn't notify them. Only about 20 states make it a requirement. We're trying to amend the law here in New York State," Ms. Ahern said.
As far as the sex offender's right to privacy, Ms. Ahern said, "Instead of being angry about notification, they can receive treatment and in five to 10 years show society that they're not a risk anymore. When they commit a sex crime against a child they are then a risk to other children. It comes down to a choice. They chose to objectify a child to satisfy themselves, so they then make the choice of registration and notification. The impact of that crime will last a lifetime for the person who was victimized."
The American Civil Liberties Union did not return phone calls prior to press time.
The public can call 900-288-3838 and for a 50 cent fee find out if there are sex offenders in their neighborhood. Also, some high risk offenders are listed on < a href="www.criminaljustice.state.us">www.criminaljustice.state.us. Local police departments also have the registry.
Protecting your child from the wrong hands
Most parents warn their children at a young age about child exploiters by telling them not to talk to strangers or get into a stranger's car. What they don't tell them is that not all child abusers are "strangers." In fact the majority are familiar faces in the neighborhood.
"Stranger danger is not making children aware of who the real abuser is. Eighty-five percent of offenders have relationships with the children they molest," said Ms. Ahern. "They appear to be friendly, witty, chatty, they are pillars of the community. A red flag should go up when they make your child the apple of their eye. No one should want to spend more time with your child than you."
The New York State Criminal Justice website said that parents are better off telling their children to beware of certain situations, such as feeling uncomfortable or being touched, rather than the physical appearance of individuals. The site warns parents to look out for adults who use subtle approaches to befriend children. An abuser may have seemingly innocent contact with children, though there are clues that may spark suspicion such as buying children inappropriate or expensive gifts or saying that they need their assistance in something such as looking for a lost dog or household chores. Exploiters often befriend parents to get closer to their children.
"Parents should understand people play certain roles in their child's life such as soccer coach or violin teacher. It's not about throwing your arms up in the air and saying, 'I can't trust anyone.' Just be aware when people violate boundaries. Learn to say, 'That's not appropriate' and teach your children to say, 'No'," said Ms. Ahern.
