Mount ClemensJuly 15, 2009Accused molester gets 15 to 50 years
By Erin McClary
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Jonathan Maltese
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Maltese reinstates no
contest plea, asks judge
for immediate sentence
MOUNT CLEMENS — The family of Jonathan Maltese, 22, sobbed in the courtroom July 21 as he was sentenced to a minimum of 15 years in prison for sexually molesting the twin autistic boys he once cared for.
The victims' family sat mum as Maltese tearfully addressed them prior to his sentencing.
“I just want to say I’m sorry to everyone involved,” he cried. “I know how wrong I’ve done you … I’m truly remorseful.”
The former caretaker apologized to his family, the victims and their family, adding that he never meant to hurt the boys.
July 21 was supposed to mark the start of Maltese’s trial, where he would defend himself to jurors against six charges of criminal sexual conduct, including two charges that hold a maximum life sentence. In March, he’d submitted a plea of no contest but then withdrew the plea in April.
On the day his trial was supposed to start, he instead asked the judge to reinstate his original plea of no contest and requested an immediate sentencing.
His no contest plea held a torture charge — added in an agreement that three other charges would be dropped — as well as three others: second-degree criminal sexual conduct involving persons under 13, a 15-year felony; indecency between males, committing or procuring, a five-year felony; and accosting children for immoral purposes. The torture charge holds a maximum of 50 years in jail.
By reinstating the no contest plea, an original count of second-degree criminal sexual conduct and two first-degree criminal sexual conduct charges, punishable up to life, were dropped and the previous no contest agreement was restored.
Macomb County Circuit Court Judge Diane Druzinski granted the reinstatement and agreed to an immediate sentence.
Maltese will serve a minimum of 15 years and maximum of 50 in a Michigan Correctional Facility. He was sentenced July 21 to nine to 15 years for the one count of second-degree criminal sexual conduct, three to 15 years for one count of committing or procuring indecency between males, two to four years for one count of accosting children for immoral purposes and 15 to 50 years for the added torture charge.
The 22-year-old is also ordered to register on the Michigan sex offenders list, cease all contact with the victims and their family, and is bound to a GPS tether for the remainder of his life after being released from prison.
His family gasped at the sentence. The prosecution agreed to it.
Camera doesn’t lie
Last June, Maltese, a Macomb Township resident, was caught sexually accosting the two youngsters he cared for under the employment of a company that specializes in the needs of autistic children. The parents of the 4-year-old twins set up a “Nanny Cam” surveillance system in their home after the boys’ behavior started to change.
They allege Maltese abused their children when, at times, they or other family members were in the home.
In a letter they wrote to Druzinski asking for a hefty sentence, the victims’ parents explained they hired Maltese to care for their children because of his good background and familiar references, and took empathetic consideration to the fact that his younger brother also suffers from autism.
“Jonathan looks like the boy next door, but he’s a predator and a con,” the parents’ letter read.
At the time of his hiring into their Macomb Township home, said the letter, which was read by Prosecuting Attorney Rebecca Oster, the family was just happy to be receiving help from the state.
The letter went on to say that their boys’ behavior, once “angelically sweet,” took a drastic change; that they began scratching and biting, and became angry and withdrawn.
Mom and dad couldn’t put their fingers on why, and said they even shared their concern with Maltese at the time, asking for his advice or if he’d noticed the behavioral differences.
“They were regressing before our eyes,” the letter continued. “They were trying to tell us.”
The boys’ parents said they were horrified to turn on the Nanny Cam they installed and see Maltese trying to coax their twins into performing oral sex on him, the letter said.
They called what they saw “criminal and heinous.”
Facing reality
At the conclusion of the parents’ harsh recollection of events, Druzinski commended the former caretaker for taking responsibility, reinstating Maltese’s no contest plea and sparing the anguished parents of a jury trial — something she said would only serve as an “excruciating reminder” of what happened to their sons.
She also applauded the victims’ family for installing the camera. “Thank goodness you did,” she said.
“You may not feel that justice has been served,” the judge continued. “I hope this time will help your entire family in the healing process.”
Druzinski said she also hopes this time will help Maltese deal with his admitted remorse.
Defense attorney Mitchell Ribitwer told the courtroom prior to sentencing that his client has been receiving counseling and continues to take medication to help cope with the reality of what’s transpired.
“He is truly remorseful for his conduct … he accepts responsibility,” Ribitwer said, adding that Maltese “had a very, very bright future” before this.
He asked Druzinski for a lower sentence than the prosecution’s request of a maximum of 50 years so Maltese would have “a little bit of a life left” after his release.
Oster told the judge the family thought 50 years was more appropriate, as it’s “closer to the defendant’s life expectancy.”
It was not stated by the defense whether Maltese would eventually appeal the maximum sentence.
“We love you, Jon,” his family cried out as he was escorted out of courtroom.
One of them muttered: “This isn’t the end.”
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