Her lawyer, Niall MacGiollabhui, who filed the lawsuit last month in state Supreme Court in Putnam County, questions why prosecutors didn’t take a stand. “Why would the D.A. be advocating by silence or otherwise for a pedophile?” he asked. “This is unheard of.”
Caruso at first had been ordered at sentencing to stay 1,500 feet from the girl, but his lawyers argued that it was a burden, as he was being kicked out of motels and forced to sleep in a van in a law office parking lot. One of the lawyers, Andrew Rubin, claimed the girl’s former lawyers sought the order only to force Caruso to sell his house, so they could pursue the money.
In a court filing before the hearing, Assistant District Attorney Chana Krauss expressed concern that Caruso’s transient status “creates a risk to the community, makes supervision and community notification difficult for law enforcement” and would likely result in him being arrested again for “failing to comply with registry requirements.”
Krauss had also emailed a probation official, “I am sure you share the same concern (Putnam County District Attorney) Adam (Levy) and I have, a level 3 offender living in his vehicle without a permanent verifiable address for Probation to adequately supervise him is clearly a recipe for disaster.”
The district attorney did not object when the court allowed Caruso to move back home.
Levy defended his office’s handling of the case. He pointed out that Caruso pleaded guilty to three counts of first-degree sexual abuse, was sentenced to two consecutive one-year terms in jail, and 10 years probation as a sex offender. Prosecutors also successfully argued, Levy said, for him to be deemed a Level 3 offender.
Victims advocates say prosecutors didn’t look out for the girl. If anyone should be forced to move it should be Caruso, said Joanne Zannoni, executive director of the New York State Coalition Against Sexual Assault. “The victim should not be expected to change her routine and how she goes about her daily life,” Zannoni said. “Her safety should come first. Her well-being should come first ahead of the ease of supervising him.”