The parents of a Bronx girl who was sexually assaulted 16 months ago by an NYPD officer grimaced in the gallery yesterday when the judge announced that closure would have to wait at least another month.
Sentencing was expected Wednesday, Sept. 24, for Modesto Alamo, 38, who pleaded guilty in July to sexually abusing, forcibly touching and endangering the welfare of a 13-year-old girl. Alamo resigned from the police force upon his May 24, 2014 arrest. Instead, Judge Laurence E. Busching of the Bronx Supreme Court said he would issue a sentence and determine Alamo’s sex offender category Oct. 23.
Bronx Assistant District Attorney Alexandra Militano petitioned Wednesday for Alamo to be designated a Level 2 sex offender, for “moderate risk or repeat offense,” arguing that his betrayal of a position of trust justified the heightened classification.
Defense lawyer Solomon J. Schepps argued that the victim “was the one who established the relationship in the first place” through a series of non-sexual text messages. Schepps also claimed there is no precedent for holding police officers to the higher standard Militano endorsed. He encouraged a Level 1, “low risk,” designation.
It has been a “lengthy, stressful, disappointing process,” the victim’s mother said in the hallway after yesterday’s hearing. She added that her daughter, now 15, receives counseling and has changed middle schools since the incidents. Although the parents have been fixtures at Alamo hearings, they said they try to shield their daughter from news of the case.
“It is ridiculous that he gets away like it,” said the mother, who sobbed in the courtroom when the prosecutor described the abuse. “He was never in custody.”
Alamo arrived in court in a long-sleeve T-shirt and blue jeans, donning a baseball cap upon leaving the courtroom to obscure photographs of his face. Busching denied a special request from The New York Daily News to photograph today’s proceedings.
Schepps and Militano declined to comment.
In the criminal complaint, the victim is said to have referred to Alamo as her boyfriend. She initially reached out to Alamo for help with a bullying situation at school, Militano said in court and the two exchanged frequent texts for several weeks.The complaint states that Alamo visited her multiple times in her apartment lobby, first on New Year’s Day 2013, where he kissed her and groped her rear end. Alamo also sent the teenager lewd photographs via text.
The victim’s mother said outside court Wednesday that it was Alamo who initiated contact in November 2012 when he complimented a picture her daughter had uploaded on Instagram.
Alamo is released on bail of $1,500.