CANTON The North Dakota duo arrested in St. Lawrence County on Sunday night is part of a group of sex offenders suing former Gov.George E. Pataki for $10 million each.
Robert J. Warren Jr., 49, and Louis Lisa J. Massei, 52, a cross-dresser who has told sheriffs deputies that he is a woman, are a part of what has been called New Yorks Dirty Dozen, the first 12 Level 3 sex offenders placed in civil confinement by former Gov. Pataki after serving their time in prison.
They were released in November of 2005 after Justice Jacqueline W. Silbermann of state Supreme Court in Manhattan ruled that it was unconstitutional and ordered the release of the 12 soon after they were confined by order of then-Gov. Pataki to the Manhattan Psychiatric Center after their prison sentences ended.
Currently locked up in St. Lawrence County Jail on charges of second-degree burglary a class E violent felony and petit larceny a class A misdemeanor allegedly burglarized the DeKalb home of one of Mr. Warrens estranged family members. Mr. Warren and Mr. Massei are two of five men along with the estate of a sixth seeking payment for damages in a civil suit claiming their constitutional rights were violated.
A federal court order has been issued, requiring the county to transport the pair to New York City, where they will testify in the trial against Pataki.
Sheriff Kevin M. Wells said his office had received the court order and that the office had no choice but to abide by it, and pay for the transportation.
There is no reimbursement that weve been made aware of at this point, Sheriff Wells said. We have to follow the court order and turn them over to the U.S. Marshals.
Officials at the U.S. Marshals Southern District of New York office said that while the sheriffs office reached out to them for some kind of assistance in the transport, the law prevents them from being involved in civil suits.
Per USMS policy, state prisoners in Federal Civil Cases: The custodian of the prisoner is responsible for transporting and producing state or local prisoners in a federal civil case, Deputy U.S. Marshal Kevin R. Kamrowski said in an email. The federal court order will be directed to the state or local authority that has custody of the prisoner. The U.S. Marshals Service will maintain necessary levels of courtroom security for the prisoner(s) only when specifically requested by the federal judge hearing the case.
Sheriff Wells said his office requested a change of date for the transport of Mr. Warren and Mr. Massei, which was granted; however, he said he didnt want to disclose that date due to concerns over what he called the dangerous nature of the two men.
Detective Sgt. Gus Burns of the St. Lawrence County sheriffs department said there may be additional charges pending against Warren and Massei, including a second count of second-degree burglary and grand larceny over another robbery in a Morristown residence where handguns and other property, including a laptop computer, were found to be missing.
Mr. Burns said that Mr. Warren has a case against him in Wisconsin, as further investigation uncovered stolen property not only from the two reported burglaries in St. Lawrence County, but from one other crime committed in Wisconsin, where a wallet was stolen from a vehicle and Mr. Warren was caught on camera using a stolen credit card.
Mr. Warren and Mr. Massei are still being held in St. Lawrence County jail, Canton, with Mr. Warren held without bail, and Mr. Massei held on $10,000 bail or $20,000 bond.
Sheriffs investigators said there is an ongoing investigation involving law enforcement officials from New York to North Dakota.