Newsday/Robert Kessler
Thomas J. Bender, a 73 year old former priest from Pennsylvania who was arrested in Nassau
on his way to a tryst with someone he thought was a 14 year old boy, was carrying beer, candy,
condoms and gay pornography. After communicating for more than a year online with a Nassau
police detective posing as a teenager, Bender, of Macungie, Pennsylvania, drove 2 1/2 hours to meet
the teenager at an undisclosed location on Long Island. Bender was charged with five counts
of disseminating indecent material to a minor, a felony, and a single count of attempted criminal
sexual act, a misdemeanor. Each count of the first charge carries a maximum sentence of 1 to
4 years in prison. He is being held on $120,000 bail.
On July 7, 2006, Bender pleaded guilty to all the crimes he was charged with.
Bender may be the first defendant on Long Island to have his case dismissed based on a
recent state appeals court decision. On August 23, 2006, a lawyer for Bender submitted a
motion to Nassau County Court Judge John Kase, asking him to throw out Bender's guilty plea to six
counts of first degree attempted disseminating indecent material to minors. The appeals court
decision that affects Bender's case says sending children sexually explicit e-mails is illegal only
if photographs are included. Bender's e-mails included sexually explicit language, but no
images. Several law enforcement officials, including Nassau District Attorney Kathleen Rice,
have vowed to fight the decision. Prosecutors now have until September 15 to explain in
writing why they want the judge to hold Bender to his plea.
Bender pleaded guilty on February 28, 2007, to the federal charge of enticing a minor, after
local charges collapsed under emerging definitions of Internet sex crime.
Bender was sentenced on May 21, 2008, to 10 years in prison, double the time recommended by
federal sentencing guidelines.
(New York)