Basile given 1 year in jail, 6 years’ probation, and Level 3 sex offender status

Frederick Basile

GUILDERLAND — Frederick Basile, 23, who grew up in Guilderland, was designated a Level 3 sex offender in Albany City Court on Sept. 9 because of four arrests for public lewdness.

Level 3 is the highest level, and means that Basile is considered to pose a threat to public safety and to have a high risk of reoffending. He will have to register with the Department of Criminal Justice Services for the rest of his life.

Basile was also sentenced for three of those arrests — all in Albany — to one year in jail, minus three-and-a-half months already served, and to six years’ probation.

Assistant District Attorney Davia McDonald explained that factors in Basile’s risk assessment included the age of victims in his 2015 arrests (they included girls aged 16, 10, and 9), charges of “endangering the welfare of a child,” his relationship to the victims (they were strangers), and his post-offense behavior (reoffending).

His attorney, Theodore Hartman of Musa-Obregon and Associates, asked Judge Rachel L. Kretser to sentence Basile to a secure facility where he can receive mental-health treatment. For the time being, she sent Basile instead to Albany County’s jail and ordered a psychiatric review, which would determine whether a transfer should be made later to a secure mental-health ward.

Hartman said on Wednesday that, almost a month after the sentencing, no psychiatric testing had yet been done.

In pronouncing sentence, Kretser told Basile, “This court hopes that you will get the therapy that you need, and I do wish you well.”

Outside the courtroom, Hartman said, “We want to get the ball rolling in terms of therapy.”

Hartman also told The Enterprise that he believed the lack of any mental-health care given to Basile after his first two arrests — in Albany in October 2015 — “endangered the public,” since he went on to commit two more offenses, in Colonie in March 2016 and in Albany in August 2016.

Basile is set to be sentenced in Colonie Town Court on Oct. 12 by Judge Andrew C. Sommers for the March arrest in Colonie. Hartman said that he hopes the sentence for that offense will be ordered to run concurrently with the one year from the Albany court.

Hartman highlighted what he believes is an overly narrow definition of the need for mental-health services in Albany County’s jail, saying, “There are mental-health services for people who are incompetent, but if you have a strange fetish, there’s nothing they give you in there.”

There is “no public support for people in Fred’s position,” said Hartman, who added that he has another client downstate “doing this on subways in New York.” That client, he said, has “a beautiful wife, a beautiful home, and a good job in the financial district.” Hartman said that if this behavior were not linked to some kind of uncontrollable urge — which he argues is a form of mental disorder — that client, like Basile, would never risk incarceration.

“You wouldn’t hate someone because they had cancer,” Hartman said, suggesting that the root cause of Basile’s behavior is beyond his control.

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