BALLSTON SPA Saratoga County District Attorney James A. Murphy III said he is “troubled” that an admitted sex offender has been sentenced to county jail time instead of a prison term.
Saratoga County Court Judge Jerry Scarano on Monday sentenced Thomas A. Filion, 68, of Saratoga Springs to three months in jail and 10 years of probationary supervision. He is also to register as a sex offender.
Filion, a former teacher, admitted contact with a then 15-year-old boy who was showering in the locker room at the YMCA on West Avenue in Saratoga Springs. Court records said Filion blocked the boy’s escape from the shower and touched his genitals.
In September, Filion pleaded guilty to a felony count of first-degree sexual abuse, and misdemeanor charges of second-degree unlawful imprisonment, forcible touching and endangering the welfare of a child.
The charges could have resulted in up to seven years in prison.
In a press release, Murphy said he had advocated for a lengthy state prison sentence because of the seriousness of the offense and the nature of the sexual contact.
Murphy declined to be interviewed after issuing the press release, in which he said that because Filion had pleaded guilty to all charges rather than working on a plea agreement the district attorney’s office had no say in the sentencing.
“I am troubled and I believe that this minimal sentence does not serve the interests of justice. The defense attorney [Steven Coffey] did an end run and took us out of the case by pleading to the indictment,” Murphy said.
Coffey did not return a call seeking comment late Monday.
“When a defendant pleads guilty to every charge that is lodged against him in an indictment, it is the same as if a jury had convicted him of the all the charges and the DA no longer has the ability to influence sentencing. Sentencing then becomes the sole discretion of the judge with the aid and recommendation of the Probation Department,” Murphy said.
The Probation Department recommended a 3-month sentence and Scarano agreed.
“The judge felt that a three month sentence was appropriate. I support the criminal justice system as it is presently configured, but if I were the victim of the crime, I would feel that the sentence is inadequate,” Murphy said.
Scarano could not be reached for comment.