By Steve Lieberman (The Journal News)
May 8, 2013
A convicted sex offender from Monsey has been returned to the county jail on charges he violated the conditions of his probation.
Shmuel Dym, 33, who is appealing his guilty-plea conviction, violated eight conditions of probationary sentence, officials said Wednesday. The violations included his refusal to attend sex offender treatment and violating his curfew.
Dym has been classified as a Level 2 sex offender based up his admission in court that he improperly touched an 8-year-old boy between May 2010 and July 2011, and a 6-year-old between September 2010 and July 2011.
He pleaded guilty June 14 to two counts of second-degree course of sexual conduct against a child, a felony, and two counts of endangering the welfare of a child, a misdemeanor.
He later recanted his guilty plea, fired his local lawyers and hired two new attorneys.
Patricia Gunning, a county prosecutor, said Dym’s guilty plea to the two felony counts could lead to 14 years if he is found to have violated probation.
In September, state Supreme Court Justice William Kelly, after a hearing and reading court motions, declined to allow Dym to withdraw his guilty plea. Kelly found Dym understood his rights and didn’t plead guilty under duress.
Dym originally accepted a no-jail sentence after the children’s family came under pressure not to testify against him by local rabbis and other members of the religious community, Gunning said at the sentencing in the Rockland County Courthouse in New City.
Dym’s lawyer, Patrick Jennings of New Jersey, didn’t return a telephone message left at his office Wednesday.
Jennings has said Dym maintains his innocence and will appeal the judge’s decision.
The Sheriff Office arrested Dym on Friday at his home, 22 Brewer Road.
He is being held in the county jail on $100,000 bond or $50,000 cash.
Dym joined his younger brother, Betzalel, a Level 2 moderate risk sex offender convicted of abusing a young boy multiple times in early 2006.
He was convicted in August 2006 of first-degree sex abuse for having sex with a then-10-year-old Monsey boy five times between January and May 2006.
Betzalel Dym became involved in a lawsuit in which Kelly ruled unconstitutional a county law establishing where sex offenders can live and congregate.