The 19-year-old man who has admitted to having sex with a 13-year-old girl — encounters that authorities say were with the blessing of both of their mothers — was released from jail Tuesday on the order of a judge.
Schenectady County Court Judge Karen Drago ordered the release of Shawn M. German in the interests of justice because she said she believed the allegations against the mothers were just as serious or more so than the allegations against German.
The mothers each face misdemeanor child endangerment charges that remain pending in front of another judge in City Court.
German, 19, of Hulett Street, pleaded guilty in November to one count of second-degree attempted rape, a felony.
German was offered 18 months in prison in return for the plea. But Drago said that she expected to sentence him later to time served, about six months. German was released just after noon, jail officials said. He has been in jail since his September arrest.
“In the interests of justice, it would be a travesty to give him more time than these two adults,” Drago said.
Drago also noted that German told probation officers for a pre-sentencing report that he has suffered from mental health issues since the age of 12. The judge ordered a mental health evaluation.
German is to live with his father in Schoharie County and is not to have any contact with children while out.
Drago also expressed frustration with prosecutors that a probation report she ordered was not immediately available. That prompted her to postpone official sentencing until later.
She said she asked prosecutors what the mothers had been offered in their cases before sentencing German but hadn’t gotten a response. She suspected the mothers, if convicted, wouldn’t get more than the six months German’s already served.
German was represented in court by attorney Kent Gebert. Standing in for the Schenectady County District Attorney’s office was prosecutor John Healy.
Gebert later called the judge’s concern appropriate.
Prosecutors have said the case was brought strictly because of the age of those involved and not due to any physical force.
German was accused of having sex with the girl on multiple occasions between Aug. 17 and Aug. 31. His plea related to an Aug. 17 encounter.
German‘s case drew increased scrutiny with the arrest of his mother, Tracy A. Lisi, and the mother of the victim.
Both were charged with endangering the welfare of a child, accused of sanctioning the relationship and even documenting it in the form of a written agreement.
The agreement allegedly allowed German to “go with” the girl. Prosecutors have also said the mothers allowed the two to sleep in the same bed.
The name of the victim’s mother is being withheld by The Daily Gazette so as not to identify the girl.
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