Husband and wife charged with endangering the welfare of a child in case involving registered sex offender

Posted at: 10/24/2012 5:51 PM
Updated at: 10/24/2012 8:12 PM
By: Ray Levato

News10NBC has learned of a disturbing connection to a story News10NBC reported last December involving a registered level 2 sex offender in Brighton.

Now the sex offender’s sister and her husband have been charged with endangering the welfare of a child for failing to protect their 13-year-old son from his uncle. The father is a federal law enforcement agent who News10NBC is not identifying to protect the identity of the child.

The registered sex offender is identified in court papers as 56-year-old Jay Kroll who lived temporarily with the family. Jay Kroll was convicted of sodomy in Sullivan County 1993 and was sentenced to two-to-six years in prison.

Court papers show he came up to Rochester sometime in 2011 to live with his sister and her family in Brighton but he failed to notify the state's sex offender registry of a change of address.

Last December 22, he was charged with sex abuse and endangering the welfare of a child. That’s when he first showed up on our radar.

Court papers say the parents failed by knowing and not telling the boy that his uncle was a registered sex offender and that they allowed the boy to be alone with Kroll on numerous occasions for long periods of time, all contrary to the law.

One of the locations was the public market where Kroll was observed being "overly excessive" in touching the boy and Brighton School officials saw the man hanging around the campus after school, even hugging the boy.

A school counselor subsequently contacted the mother and quotes the mother, Kroll's sister as saying they were a hugging family.

News10NBC cannot describe the sex acts mentioned in the court papers, but they allege sexual contact between Kroll and the boy on more than 100 occasions, at the home, in various parking lots in Brighton, at Darien Lake Amusement Park and even a hotel in Gettysburg, Pennsylvania.

The boy was eventually interviewed by professionals about this.

In court papers, the boy stated, "I didn't know he had a record 18 years ago. My parents didn't tell me.  I didn't know what to do, so I went along.”

The boy stated that he never told his parents about his uncle, and that his parents never asked. “It would have been good to know,” he said.

There's also a deposition taken from an investigating Brighton Police Officer and this may run counter to any parent's intuition.

But the officer quotes the father as saying he knew Kroll was a registered sex offender but did not know what level 2 meant and he was unaware of the laws and restrictions involving a sex offender. Remember, he's a federal law enforcement agent.

The Brighton Police officer also witnessed the father from a two-way mirror in an adjacent room when the boy was interviewed and he quotes the father as saying both prior to and after the boy's interview quote, “I failed to protect my child.”

The mother is scheduled to be arraigned in Brighton Town Court October 29. The boy's father was arraigned Tuesday. They are being arraigned on misdemeanor charges.