|John Gosek (Center)|
By Debra J. Groom
Oswego - Former Oswego Mayor John Gosek wants a court to reduce his sex offender designation from Level 2 to Level 1.
Gosek, 65, of Oswego, resigned as mayor Sept. 21, 2005, five days after being arrested by the FBI on charges of soliciting sex from underage girls in exchange for money and drugs. He served 33 months in federal prison and was released in May 2009.
Lawyer Gary Muldoon, of Rochester, said the difference in levels would reduce the amount of time Gosek must be registered as a sex offender and would decrease how often he has to register.
Level 1 means there is a low risk of the person committing the crime again. Level 2 means there is a moderate risk and Level 3 means there is a high risk of offending again.
The lawyer last week argued Gosek’s case before the Appellate Division, Fourth Judicial Department of state Supreme Court.
Oswego County Court Judge Walter W. Hafner named Gosek a Level 2 sex offender after a hearing in August 2009.
Muldoon said two different scientific tests showed Gosek to be a low risk of committing a crime. He said Hafner ruled Gosek would be a Level 2 “without giving any written explanation.”
During the hearing for sex offender status in 2009, the judge said the two tests “don’t capture the gravity of the case.”
Gosek drove 35 miles for the rendezvous with the teens, Hafner said during that hearing. Drugs were part of the exchange for sexual favors, according to testimony at the hearing.
When Gosek arrived at a Salina motel Sept. 16, 2005, authorities were waiting to arrest him. Gosek did not have sex with the teens, but Hafner said hat Gosek believed he would have a sexual encounter.
If Gosek is downgraded to a Level 1 sex offender, he will remain on the register for 20 years. A Level 2 offender is on the register for life.
Also, Level 1 offenders have to register every year, while Level 2 offenders must register every 90 days.
Update: Former Oswego mayor keeps Level 2 sex offender status