Mesiti assessed as level 2 sex offender
Attorney for former security officer at Holley school requested lower level offender status
ALBION – A former security officer at Holley schools was assessed a level 2 sex offender in Orleans County Court today.
That means Adam Mesiti will be publicly registered as a sex offender, and must notify law enforcement of any changes in his address and provide recent photos every three years for the database that is available online.
Mesiti, a retired sergeant with the Brockport Police Department, took a part-time job in retirement as a security officer with C.O.P. Security, working at Holley Central School. While working that job he had sex with a Holley student in 2014, beginning when she was 16.
District Attorney Joe Cardone said in court today there were multiple incidents of sexual activity with Mesiti and the girl, and they occurred at his office in the Holley school.
Judge Sara Sheldon went through a series of questions that determine the point total in assessing a sex offender. A level 1 offender has fewer than 70 points. That person is a registered sex offender but isn’t in the public registry. A level 1 offender can be removed from the state sex offender registry after 20 years.
A level 2 offender has 70 to 110 points and is publicly listed as a sex offender. A level 2 offender can petition to be removed after 30 years.
A level 3 offender has more than 110 points and is in the public registry and will never be removed while the offender is alive.
Mesiti’s points added up to 85, making him a level 2 offender. He scored 25 points for having sex with a victim, 20 more points for a continuing course of conduct with the victim (it happened more than once), 20 points for having sex with a victim aged 11 to 16 (she was 16), and 20 more because the relationship arose in the context of a professional or avocational relationship between the offender and the victim and was an abuse of that relationship.
Kennedy argued the last 20 shouldn’t have counted because Mesiti wasn’t in a professional role. District Attorney Joe Cardone and County Court Judge Sara Sheldon said Mesiti clearly used his role as a security officer to gain access and trust of the victim.
Kennedy also said the initial sexual contact with the girl happened when she was 16. She then turned 17 as the relationship continued. He said the 20 points for a victim aged 11 to 16 shouldn’t count for Mesiti. Cardone said the victim gave grand jury testimony that the sexual relationship happened several times while she was 16.
The DA said Mesiti’s point total should be higher than 85. An offender should get 10 points for not accepting responsibility for the crime, which Cardone said is the case with Mesiti.
Kennedy said the judge could still assess Mesiti as a level 1 offender, even though the point total was at 85. Kennedy said Mesiti has strong support from the Brockport community as evidienced by numerous letters of support. Kennedy said Mesiti would never commit another sex crime.
“He has the support of the community, from his family, friends and neighbors,” Kennedy said. “This was an isolated event.”
The judge and DA both opposed the level 1 ranking.
One of Mesiti’s supporters shouted in court that Cardone was corrupt and had coerced a guilty plea out of Mesiti.
“I think you better not say that in court, mam,” Judge Sheldon told the Mesiti supporter.
Mesiti on May 22 pleaded guilty to third-degree rape. He was sentenced to 10 years probation on Aug. 28. His guilty plea included the possibility of six months in jail, but Judge Sheldon decided against any jail time.
One term of his probation is to stay away from alcohol. Mesiti is co-owner of the Five Sons Winery in Brockport. Judge Sheldon agreed to waive the probation condition that Mesiti stay away from alcohol.
“I’m not going to take away his livelihood,” she said.