Judge hears DiChristina?s request to be around kids
A man in jail for molesting his 12-year-old stepdaughter has asked the court to allow him around children when he is released from custody.
The defendant, former youth basketball coach Mark DiChristina, 40, is serving one year of a 10-year sentence after entering a no-contest plea this past August to two counts of attempted sexual battery for inappropriately touching his 12-year-old stepdaughter back in 2001. The girl came forward several years after the incident to report his actions which happened in the family home while her mother and DiChristina were still married.
As part of the agreement in which DiChristina avoided going to trial on charges which could have cost him three to six years apiece if convicted, he agreed to list himself with the state?s sexual offender registry when he is released next year. The registry keeps track of the location of sex offenders so the public and law enforcement know where they live.
In addition to registering for tracking purposes, convicted sex offenders are also forbidden from going around minors. It is the ban on associating with underage persons which DiChristina was in court to protest Friday.
Specifically, DiChristina is asking that he be allowed to help with the upbringing of his 14-year-old mentally challenged nephew who has suffered from a long list of physical issues since suffering a stroke when he was a 1-year-old.
?He wasn?t even expected to live,? testified the boy?s physician, Dr. Linda Foster, noting she has seen a marked decline in the boy?s condition since DiChristina was jailed.
However, District Attorney General Lisa Zavogiannis questioned how helpful having a convicted sexual offender in the home could be.
?Do you think it is in the best interest of this child to be in the presence of a convicted sex offender?? Zavogiannis questioned.
In response, Dr. Foster said she felt that in the boy?s case, having DiChristina in the home would help.
The mother of the boy, Tabitha Lee agreed, noting the first thing her son still does in the morning is look for his uncle, who lived with them in their home for two years just prior to his incarceration.
?I trust this man 100 percent with my child,? Lee testified, taking the stand after sitting in the court gallery with her son for most of the hearing.
Her statement of trust prompted Zavogiannis to point out DiChristina?s 12-year-old stepdaughter also trusted him, referring to an alleged incident which occurred in his former family home.
In light of the evidence, Special Judge John Ashe, who originally sentenced DiChristina in August, said he will not shorten the sentence the defendant is serving.
?You got the benefit of the bargain,? Ashe told DiChristina, turning down his motion for early release while praising Lee for her dedication to her son.
As for going around his nephew, the judge said he would consider allowing some contact once DiChristina is released. However, such consideration, Ashe said, would not come until after the defendant undergoes a psycho-sexual examination and then, only if experts say it is safe to allow DiChristina contact with the boy. Such an exception to the sex offender rule would not allow him to go around his victim.