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Failure to register as sex offender charge against Massena man likely to be dismissed

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MASSENA - A man with child rape and sexual assault convictions from three decades ago, who was charged with failing to register as a sexual offender earlier this month after he failed to alert authorities he moved in with his mother on North Allen Street in late August appears to be close to having the charge dismissed.

Village police had charged Mark F. Broer, 54, of 22 N. Allen St., with a felony count of failure to register as a sex offender Oct. 14 when he stopped at the village police station.

He reportedly had moved in with his mother at the North Allen Street address on Aug. 30, but the Level III sex offender had failed to register and report his change of address with local law enforcement officials within the statutory 10 days of relocating to Massena from Jericho, Vt.

He was sent to the St. Lawrence County Correctional Facility with bail set at $5,000 cash or $10,000 bond, but the securing order had been changed Oct. 17 when Massena Village Justice Eric J. Gustafson released Broer under the supervision of the probation department. He modified that order again this week and released Broer on his own recognizance after receiving notification from the state’s Board of Examiners that Broer is not required to registered as a sex offender in New York state.

“After a review, the New York state Board of Examiners has determined you are not required to register at this time as a sex offender in New York for your October 1983 conviction in the state of Washington for rape and your conviction in Colorado for sexual assault of a child,” state authorities wrote in correspondence to Broer.

St. Lawrence County Assistant Public Defender Alison B. Appleby told the court it was her understanding sex offenders were only required to register for 20 years at the time of Broer’s convictions.

St. Lawrence County Assistant District Attorney Andrew T. Botts said he needed to do additional research on the sexual offender registry regulations before he was prepared to sign off on having the case dismissed in the interest of justice.

Broer was released from prison in Washington state in October 1994 after serving the maximum sentences for second-degree rape and first-degree attempted rape convictions.

He reportedly was a master’s degree candidate and teaching assistant at Washington State University in October 1981 when he used a knife to force two boys, 11 and 12, to perform oral sex on him.

Two years later, he was charged with two counts of sexual assault for similar attacks in Littleton and Lakewood, Colo.

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