Federal Prosecutors Try to Keep Boca Rabbi Jailed, Calling Him a Menace
By Nancy L. Othón, Staff Writer
Originally published in the Sun-Sentinel, July 19, 2001
Responding to a jailed rabbi's appeal that he be allowed to await trial in a psychological program, federal prosecutors this week argued that Jerrold Levy remains a threat to the community and a flight risk.
And even if the federal 11th Circuit Court of Appeals were to find that Levy poses no danger, prosecutors requested more hearings in federal court because they have new evidence about his activities.
In a footnote to court documents, prosecutors said they have developed additional evidence that Levy distributed child pornography to other people, received child pornography from a minor contacted in an Internet chat room, and pursued other minors.
Levy's attorney could not be reached for comment Wednesday.
In their response to Levy's appeal, prosecutors said there is "overwhelming" evidence against Levy to support their existing nine charges of child pornography and using the Internet to entice a juvenile.
Last week, Levy, a former associate rabbi at Temple Beth El in Boca Raton, filed an emergency motion for release from prison as he waits to hear about an appeal, which was filed July 5.
Levy is appealing an order by a district judge, who on June 26 rejected his motion to be freed for psychological treatment. A federal magistrate ruled earlier that Levy could seek treatment only in a secure institution.
Levy argued to the appeals court that he has a constitutional right to be admitted to a psychological treatment program because he requires group therapy, which would provide him with evidence to lighten any possible future prison sentence.
Other than the information allegedly found on his computer, prosecutors have no specific evidence that Levy poses a danger to the community, defense attorney Edward Shohat told the appeals court. But prosecutors contend that is simply a defense strategy that ignores the evidence they presented in court.
Prosecutors said Levy is a flight risk because of his financial problems and ties to Israel.
"He is living in disgrace in the Boca Raton community, where he must ultimately stand trial in federal court or publicly admit his crimes," Assistant U.S. Attorney Lothrop Morris wrote.
"It is reasonable to conclude that under his present very painful circumstances, faced with a possible prison term of 15 years, Levy would flee to a country where the United States could not extradite him and where he could obtain citizenship."
The Palm Beach County Sheriff's Office originally arrested Levy on April 5 after he allegedly sent a sexually explicit message to an undercover investigator posing as a boy. The State Attorney's Office dropped the case and turned it over to federal prosecutors.
Levy has been in federal custody since his May 12 arrest.
Prosecutors say they have evidence that Levy had unprotected sex with a 14-year-old Wellington boy he met in a chat room in February. Levy could face state charges related to those allegations.
When investigators seized Levy's computer, they found a diary that included screen names and profiles of 30 people, including information on how Levy portrayed himself to those people, according to court documents.
In court documents, prosecutors also mentioned Levy's suicide attempt in April.
"His suicide letter indicated that his familial ties are under severe strain and that he attempted suicide because of his belief that he has nothing left to live for," court documents state. "This all suggests a long-term pattern of self-destructive activity that Levy persisted in pursuing despite the costs to himself, to his family, to his congregation, to his professional reputation and to his future."
