Leniency Is Rejected in a Sodomy Case
By THE ASSOCIATED PRESS
Boy Scout leader in Manhattan charged with repeatedly sodomizing one of his young charges will go to prison if he pleads guilty, a judge promised yesterday in refusing requests for leniency.
Justice Charles Solomon of State Supreme Court in Manhattan rejected pleas that imprisoning the defendant, Jerrold Schwartz, a leader of Scout Troop 666 at St. Bartholomew's Church on Park Avenue, would serve no purpose.
Mr. Schwartz, 42, is charged with 36 counts of sodomy. The authorities have acccused him of attacks on the boy from September 1996 to May 1997 in Mr. Schwartz's Upper East Side home and his office. One attack was reported to have occurred on Mr. Schwartz's wedding day.
Mr. Schwartz's lawyer, Charles Stillman, suggested to the judge that the defendant should be put on probation if he pleaded guilty.
The judge disagreed, saying punishment and deterrence were proper goals of society.
"People in every state are committing this crime," he said. "A sentence sends a message that if you get caught, you will be punished."
The judge continued: "If the defendant pleads guilty, he is going to prison. He's not going to get the minimum."
The judge indicated that he would sentence Mr. Schwartz to no less than two to six years in prison. An assistant district attorney, Evan Krutoy, has requested eight years.
On Jan. 22, Mr. Schwartz is tell the judge whether he will plead guilty without the promise of a specific sentence.
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