MASSENA - A Level III sex offender who recently moved in with his mom on North Allen Street is expected to return to court later this week for a hearing to determine if there is enough evidence to hold his case over for possible grand jury action.
Village police charged Mark F. Broer, 54, of 22 North Allen St., Massena, with a felony count of failure to register as a sex offender at 11:59 a.m. Monday when he stopped at the village police station.
He reportedly had moved in with his mother at the North Allen Street address on Aug. 30, but the Level III sex offender had failed to register as a sex offender and report his change of address with local law enforcement officials within the statutory 10 days of relocating to Massena from 137 Unit B, Route 15, Jericho, Vt.
Broer was arraigned early Monday afternoon by Massena Town Justice Gerald P. Sharlow and sent to the St. Lawrence County Correctional Facility with bail set at $5,000 cash or $10,000 bond.
He made a brief appearance Tuesday before Massena Village Justice Eric J. Gustafson and was sent back to the county jail with bail continued at $5,000 cash.
Mr. Gustafson told Broer he had sent an order to the assigned counsel program ordered them to assign the Massena man an attorney. We will have you back before the end of the week for a preliminary hearing, the village justice noted.
The courts holds preliminary hearings to determine if the evidence shows there is reasonable cause to believe a felony offense has been committed and reasonable cause to believe the defendant committed that crime. The legal standards are much lower than the guilty beyond a reasonable doubt instructions given to a jury at trial.
Broer was released from prison in Washington state in October 1994 after serving the maximum sentences for second-degree rape and first-degree attempted rape convictions.
He was reportedly a masters degree candidate and a teaching assistant at Washington State University in October 1981 when he used a knife to force two boys, ages 11 and 12, to perform oral sex on him.
Two years later, he was charged with two counts of sexual assault for similar attacks in Littleton and Lakewood, Colo.