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‘I’d rather die,’ a weeping Sypnier says

Published:March 18, 2010, 7:18 AM

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Updated: August 21, 2010, 5:12 AM

Theodore A. Sypnier, the 100- year-old pedophile, wept Wednesday as a state parole official urged a judge to send him back to prison for two more years.

After the hearing, Sypnier, who for decades molested children, told The Buffalo News: “I don’t want to go back. I’d rather die.”

That could very well happen, his attorney told Administrative Law Judge Judith M. Cummins, who revoked Sypnier’s parole during a hearing at the Erie County Correctional Facility in Alden. The state’s Board of Parole will make the final decision in the case.

“In two months, Mr. Sypnier will be 101 years old. I fail to see how this man is a threat to society. A two-year parole hold could easily be considered a death sentence, since statistically, how many people make it to 103?” attorney Karen L. Hensley said.

Hensley urged that Sypnier be returned to supervised parole in the community or, at most, sentenced to 12 months in prison.

Cynthia J. Mooney, a parole-revocation specialist, argued that Sypnier should be punished with two more years behind bars because his most recent parole violation is the exact same one that sent him to prison for 18 months in 2008 — failure to attend sex-offender classes.

“We request he be held for two years. After that, we’d want him on parole so we could have a say in monitoring him,” Mooney said. “His serious criminal record goes directly toward sexual deviancy and a threat to the community, and he engages in the same defiant behavior and failure to get any insights into his horrific sexual deviant past.”

Sypnier, undaunted, sought mercy.

Hoping to be granted leniency, he pleaded guilty to the latest parole violation, but the judge advised him and Hensley not to get their hopes up.

“I do acknowledge your request for leniency, but I have to say don’t be overly optimistic on your request,” Cummins said.

In explaining why leniency might not be an option, the judge cited an assessment from the Mid- Erie Counseling and Treatment Services’ sex-offender program, where Sypnier missed three appointments.

“Angry, defensive and speaking over the treatment provider,” Cummins said in reading from the report.

In another section, the report stated that Sypnier, despite his repeated public denials of sexually abusing children, admitted to the behavior.

“He angrily told the writer [of the report] some of his deviant behavior he did to his victims, but he blamed his victims for fabrications and that he was drunk,” the report stated.

At one point during the parole- violation hearing — as it seemed increasingly unlikely that there would be no leniency in the judge’s recommendation — Sypnier took off his eyeglasses and dabbed away tears with tissue provided by his lawyer, who patted his back.

Hensley said Sypnier missed his sex-offender classes because of his memory.

“I can’t speak for anyone but myself, and I am half Mr. Sypnier’s age, but I forget appointments,” she said, adding that other than missing the appointments, her client complied with all other parole conditions, which included curfew and wearing a global-positioning bracelet.

“He wasn’t just floating around,” she said.

Cummins explained that she would reserve her decision on making a recommendation until early April in order to give Hensley time to submit medical documents and possible character references for Sypnier.

Mooney said she also needed extra time so that she could obtain statements from some of Sypnier’s victims for the Board of Parole to review.

Before being taken back to his jail cell, Sypnier was asked by The News why he refused to attend classes at the sex-offender program.

He said that he attended similar classes at a state prison.

“I had the schooling in Groveland [Correctional Facility] for one year,” he said. “It’s the same program.”

Sypnier also lamented being abandoned by his family, saying, “I have no support from my family.”

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