Risk status of female sex offender reduced

12-18-2009 New York:

AUBURN -- A former teacher's aid convicted of having sexual encounters with three teenage students six years ago had her sex offender status reduced in Cayuga County Court Thursday from the highest level to a level-one, meaning she is now considered to pose a low risk of re-offending.

Former Judge Peter Corning ruled in 2003 that Mary Schoonmaker, 32, was a level-three sex offender, meaning the he considered her to pose a high risk of re-offending.

On Thursday, Cayuga County Judge Thomas Leone said he believed their was substantial evidence to show that Schoonmaker no longer posed a high risk of re-offending before he reduced her classification to level-one.

"This was an isolated event in Mary's life," said defense attorney George Hildebrant. "(Sex offender registration hearings) gauge the risk to re-offend and clearly there is no risk. We consulted with experts who treat sexual offenders and they concluded the same thing."

Hildebrant also said his client was not in her normal state of mind when the illegal relationships occurred because she was going through a divorce and was under a lot of pressure at work.

Rick Luciani, a defense advocate, added that the state Board of Examiners of Sex Offenders did not oppose the reduction.

Leone said the board is made up of several experts who have more knowledge about sex offenders than he has, and that he placed great weight on any recommendation they made.

Leone added that Schoonmaker, of 1095 West Genesee St., had never been in legal trouble before, that she appeared to have her personal life in order and that the victims willingly engaged in the sexual encounters.

Cayuga County Chief Assistant District Attorney Christopher Valdina took exception to Leone's decision and said he didn't not know whether or not an appeal would be filed.

Valdina said he wanted Schoonmaker to remain registered as a level-three offender until her 10-year probation term ended before any re-classification hearings took place.

Schoonmaker was sentenced to probation with a period of homebound detention in 2003 after she pleaded guilty to two counts of second-degree rape and one count of third-degree sodomy, all felonies, for having illegal sexual relationships with three 14- and 15-year-old students.

Schoonmaker was a 25-year-old BOCES teacher's aid at the Weedsport High School at that time.

While Schoonmaker still has the felony convictions on her record, Luciani said the reclassification allows her to attend functions at her children's school.

In Cayuga County, level-three sex offenders are required to stay at least 500 feet away from schools, parks and other areas catering to children.

"When a kid is in a school pageant, looks out and sees everyone's parents except theirs, it can be hard," Luciani said. "This was for her kids, they are the ones really affected. She couldn't even drop her kids off at the school before this." ..Source.. Nate Robson / The Citizen