BY STACEY ALTHERR AND JOHN VALENTI | newsday.com
February 25, 2009
The indictment supersedes a previous indictment, which charged Musmacker in connection with his admitted sexual involvement with one unidentified 16-year-old male.
The nine victims in the new indictment range in age from 16 to 20, prosecutors said. Three of the victims are under 17.
Suffolk County District Attorney Thomas Spota called Musmacker, 36, of Lincoln Avenue in Oceanside, "a walking public health menace." Spota also vowed to push for new state legislation seeking tougher penalties for anyone who knowingly spreads the AIDS virus through sexual contact.
Musmacker pleaded not guilty to all 25 counts before Judge Barbara Kahn.
He was ordered back to Suffolk County jail, where he is being held in lieu of $1-million bail. Neither Musmacker nor his attorney commented.
Musmacker, a newspaper deliveryman, was arrested Dec. 28 after an early-morning traffic stop on the Southern State Parkway in West Babylon. The state trooper who made the stop noticed Musmacker had his belt buckle undone and determine that the boy in the car with him was 16 years old.
Police said both Musmacker and the boy admitted they had had sexual contact.
Musmacker was then charged with reckless endangerment, committing a criminal sex act and endangering the welfare of a child.
Musmacker is a Level 3 sex offender under Megan's Law as the result of a 1992 sodomy conviction involving a 6-year-old relative, according to prosecutors. His 6-year prison term ended in 1998, officials said.
After the arrest of Musmacker in December, widespread fear circulated through at least one Long Island school district -- a district where, it was believed, Musmacker had contact with several students.
Brentwood School District officials said they believe Musmacker may have had contact -- and, in some cases, sexual relations -- with as many as 20 teenage students.
Prosecutors did not confirm that Wednesday. They said Musmacker was able to "groom" his victims by giving them cell phones, prepaid phone cards, drugs and alcohol.
They also said he used victims to meet new victims.
Because of public health laws, Spota said he could not disclose whether any of the victims have tested positive for the lethal AIDS virus.
He did say that all of the victims have been tested and they know their status. In court, Musmacker did not say a word, though, appearing in a green jail jumpsuit, he did look over his shoulder at the spectators in court.
The judge also issued orders of protection for the victims.
The new indictment charges Musmacker with nine counts of first-degree reckless endangerment, six counts of third-degree criminal sexual act, six counts of endangering the welfare of child -- due to the three victims under age 17 -- and four minor traffic violations.
Musmacker is facing a maximum of 20 years, if convicted on all 25 counts.
He is due back in court March 26.
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