HIV teacher who had sex with 2nd-grade pupils gets 10 years

New York Newsday

April 7, 2003, 8:14 PM EDT

NEW YORK (AP) _ A former second-grade schoolteacher who is HIV positive was sentenced Monday to 10 years in prison for sexually assaulting several of his pupils, boys ages 7 to 9.

Milton McFarlane, 39, of Poughkeepsie, N.Y., pleaded guilty Jan. 29 to all 28 counts against him, including rape, sodomy, sexual abuse, child endangerment and possession of child pornography.

One count charged him with demonstrating "a depraved indifference to human life" by engaging in unprotected sex with his victims despite his HIV status, Bronx District Attorney Robert Johnson said.

McFarlane, a seven-year veteran, taught at Public School 78, in the Bronx, and admitted he assaulted six boys there from 1998 to 2001.

State Supreme Court Justice John Barone said he agreed to a 10-year sentence for McFarlane only because he wanted to spare the victims the trauma of having to testify. Prosecutors had asked for a 20-year sentence.

McFarlane also admitted he had been part of a child pornography club that exchanged illegal photographs on the Internet. Investigators found hundreds of such photographs on his computer hard drive.

After McFarlane's May 2001 arrest, Board of Education officials discovered that some of the allegations, from as early as 1998, had never been reported to the New York Police Department, as required.

That discovery prompted former schools Chancellor Harold Levy to fire the Board of Education investigator who conducted the inquiry into the allegations, in which McFarlane was accused of unzipping a student's pants and pulling down his own pants in front of another student.

10 years? for "depraved indifference to human life?"

get caught with marijuana and you will do longer.

This makes me sick.

Ten years for the perp, life sentences for the victims.

I am pretty sure that several teachers in my high school heard about the films ny perp made about me based on things that were said that didn't make any sense to me at the time.

I'm pretty sure the guy I worked for at the beach for 2 summers didn't report what he heard, and he is a teacher too.

Peace
MO Healing

Far as I'm concerned what this perp did is paramount to attempted murder as well as CSA, several cases of each. Life in prison/supervised rehab with ongoing therapy, and working to pay for the costs of his care and for the expenses his victims might accrue. Nothing less is enuf, IMNSHO.

Ten years! A slap on the wrist of the perp, a slap in the little faces of his poor victims, whether they testified or not!

Victor

Don't worry guys, there's a 'special' place in hell for him. And where he is going, he won't last long anyhow.

10 years ?

I know what 35 years feels like !

Dave

Why the hell only ten years. He has rape thos boys that is something they will have to live with for 60 plus years. That is if they do not get AIDS from that mother fucker. I hate this ten years is nothing this man not only rape children but was supporting child abuse on the internet. KILL KILL KILL These people cannot be rehabilitated they just need to be put on an island and let them rape each other and kill each other. I have worked in the school systems and I would have killed him if he was in my school. Somethings like child abuse do not desirve to be forgiven or rehabilitated they jsut need to die.

Some do not share that point of view, Nathan. I have been told that I shouldn't "sink to the level of the perps" and hurt another human being. But these people stopped being human beings the second they started scarring children the way they do. Death is the only logical solution for perpetrators of this most hideous of crimes. But no. Our unexplainly incompetent and uncaring government lets this scum live, 10 years in prison. Federal penalties for possesion of a pound or more of marijuana can be up to 90 years!!! This means the man who has horribly scarred and mangled dozens of innocent lives will be out of prison in less than a decade, just a little more twisted from life on the inside and ready to do it to more children, while your local pot dealer could die an old man in a federal institution. This disgusts me, and if I could, I would pull the trigger on that sick muthafugga myself, right in front of that foolish judge.

I'd rate the perp's chances of surviving prison at about zilch! The lifer's will take care of him.

Not to start an argument, guys...

But it's pretty hypocritical to admonish rape in one situation and support it in another.

10 years?
hope the prison cell is a torture chamber.

God bless the victims and their parents.

Id like to point out, that this scumbag gets out this yr.

Yeah, his sentence is up in 2013... unless he's already been shanked.

John

10 years in exchange for providing a lifetime of hurt for who knows how many vics. A site I go to (protect.org) had a statement recently from a judge to an 11yo vic...it takes two to tango, he said. These judges don't get it, and the perps slip through. Makes me very sad and I really don't understand it.

that makes me feel like throwing up.

If this is the guy (I think it is; mugshot looks like the guy pictured in newspaper articles in 2003) looks like he ended up SENTENCED to four years at the most (Who knows how many months off he ended up with):

http://criminaljustice.state.ny.us/SomsSUBDirectory/offenderDetails.jsp?offenderid=32295+

It makes me want to see judges like that exposed and thrown off the bench Jacob. They don't get it, and comments like tht make me wonder if the dude is a perp himself.