CANTON The former Madrid-Waddington Central School teacher who spent two decades in prison for raping three students has been designated a violent Level 3 sex offender by Acting St. Lawrence County Judge Kathleen M. Rogers, who rejected a psychologists assessment that the 72-year-old is not a high risk.
Wilfred G. Boyea, formerly of Moira, was convicted Nov. 10, 1993 of two counts of first-degree sodomy and seven counts of first-degree sexual abuse. He was sentenced to 15 to 45 years in prison by Judge Rogers.
After nearly 20 years in prison, Boyea had been granted a release date of Aug. 5 by the parole board; however, that release was delayed pending the outcome of his sex offender risk assessment hearing Aug. 8. Now that Judge Rogers has issued her written decision, Boyea will be released under supervision.
As a Level 3 sex offender, Boyea is considered at high risk of repeat offense with a threat to public safety. His designation as a violent sex offender means he must register as a sex offender for life.
Clinical psychologist Damian S. Vallelonga, Syracuse, who evaluated Boyea in 2007 and this year, was the only witness in the hearing. He testified that Boyea was at a very low risk to reoffend.
During his Aug. 8 testimony, Mr. Vallelonga said that after six different tests, all signs pointed to Boyea being a Level 1, low-risk sex offender.
As a part of evaluating a sex offender, both psychologically and when observing the likelihood of repeat offense, Mr. Vallelonga said, there is a study of deviant sexual arousal and antisocial behavior, neither of which Boyea displayed during evaluations.
But that testimony wasnt convincing enough to sway Judge Rogers.
In her Aug. 13 written decision filed with the St. Lawrence County Clerks office, Judge Rogers recounted the acts of sodomy and abuse that Boyea committed against the schoolboys, who were 8 to 10 years old at the time. One of the boys had testified that he was struck with a ruler and held down and forcibly sodomized by the special education teacher in January 1991.
The judge noted the defense argued that the risk assessment scheme is flawed and urged the court to disregard the same in favor of Mr. Vallelongas methods of assessing risk of re-offending.
Dr. Vallelonga presented the court with a totally different assessment scheme that is not supported by the existing law in the state of New York, and did not convince the court that the current scheme does not fill the aims of the Legislature when it passed the Sex Offender Registration Law, Judge Rogers wrote.
Additionally, it took Boyea 25 years finally to admit to raping the three boys, and he did so only after he first appeared before the parole board in 2007 and was denied release.
Judge Rogers said she questioned the sincerity of that admission.
The fact that he continued to deny responsibility for 25 years raises the issue of whether or not he was sincere in changing his position and actually accepted responsibility, but the court heard no testimony on this issue and has no clear and convincing evidence before it that he has failed to take responsibility, Judge Rogers said.
The judge further said that the St. Lawrence County District Attorneys Office had presented reliable hearsay which proves by clear and convincing evidence that the defendants risk level is high.
The court is satisfied that the people have proven by clear and convincing evidence that the proper level of classification for this defendant is Level 3, Judge Rogers said.
Upon his release, it is anticipated that Boyea will be placed on a special community supervision caseload until Dec. 13, 2038. He is expected to reside with family.