Convicted sex offender arrested with teen in car

By ERIK GERMAN
January 9, 2009

A convicted sex offender who has AIDS was arrested in the company of a 16-year-old boy, leading Suffolk law enforcement officials to worry that the boy - and possibly others - have been exposed to the virus that causes the deadly disease.

Suffolk District Attorney Thomas Spota yesterday urged others who have had sexual contact with Robert Musmacker, 36, to contact State Police. He spoke outside the courtroom where Musmacker, of Oceanside, pleaded not guilty to third-degree criminal sexual act, first-degree reckless endangerment, endangering the welfare of a child and other charges.

On Dec. 28, New York State Trooper Randy Smith pulled over Musmacker near Exit 36 on the Southern State Parkway in West Babylon to issue a ticket for speeding, prosecutors said.

Peering into Musmacker's car, the trooper took note of the driver's 16-year-old passenger, along with Musmacker's undone belt buckle on his pants, prosecutors said. Smith ran the driver's name and discovered Musmacker was a convicted high-level sex offender.

Under questioning from Smith, the boy revealed not only that he'd had sexual contact with Musmacker on several occasions, but also that Musmacker has AIDS, Suffolk prosecutors said.

The boy said Musmacker was even "taking antibiotics for an open lesion in his mouth," Assistant District Attorney Dana Brown said at the arraignment.

Outside court yesterday, Spota praised the trooper. "It was very keen police instincts and observations that led to this arrest," Spota said.

Investigators believe Musmacker has had sexual contact with at least one other young male and perhaps "a significant number" of others, Spota said.

"If we have other individuals that have had contact there will be more testimony before the grand jury," Spota said, urging potential victims to call the New York State Police Major Case Bureau at 631-756-3390.

Wearing handcuffs and green jailhouse scrubs, a dazed-looking Musmacker kept silent during his court appearance. Judge Barbara Kahn set bail at $500,000 cash and $1 million bond.

The top count of reckless endangerment carries a maximum sentence of 2 1/3 to 7 years in prison.

Musmacker's lawyer, John Byrnes of Sayville, declined to comment outside court but confirmed that his client has AIDS. In court, Byrnes said Musmacker was receiving most of the drugs he needed while in custody to treat the disease but hadn't yet been given his regular dose of Lexapro, an antidepressant.

Starting in 1992, Musmacker served 6 years in Attica State Prison after pleading guilty to first-degree sodomy. Prosecutors said Musmacker's victim was a 6-year-old relative.

An advocate for cracking down on sex offenders after they've served prison terms, Laura Ahearn of Parents for Megan's Law, heaped outrage on sex offenders who have AIDS.

"Not only do they have the potential to reoffend, they have the potential to kill," she said.

By ERIK GERMAN
Posted Sunday, January 25, 2009

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