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Cambridge Juvenile Court Judge Gwendolyn R. Tyre.
Shunned by loved ones, a convicted child rapist - whose brother tortured and murdered Jeffrey Curley - will be sprung from prison Tuesday to roam the streets for 30 days until an electronic monitoring anklet is cuffed on him.
Robert Sicari, 28, behind bars more than a decade for sexually assaulting a 10-year-old playmate of Jeffrey Curley, has no one willing to take him in, no money and no phone - an essential component of a Global Positioning System tracking device.
"He'll be sent to Pine Street Inn if he's lucky," defense attorney Stephen Weymouth yesterday told Cambridge Juvenile Court Judge Gwendolyn R. Tyre at a hearing to hammer out the conditions of Sicari's five-year probation.
A "girlfriend" in Chelsea with three children ages 15, 7, and 5 offered Sicari her home, but reneged when she found out he lied to her about why he was in prison. Sicari also told authorities he has a fiancee in Florida.
Middlesex District Attorney Gerard T. Leone's office wanted Sicari civilly committed as a sexually dangerous person, but a state examiner who evaluated the pedophile ruled there was no probable cause to keep him incarcerated.
"For us, this a paramount issue of child protection, and that is why we are doing all that we can to place further restrictions upon the defendant upon his release," Leone said yesterday.
At the request of prosecutor Jessica Noble, who said, "This is an issue of public safety," Tyre ordered Sicari strapped to a GPS anklet after he takes a month to secure housing and employment.
"I want this case under very close supervision," Tyre cautioned.
Since 2006, state law has required probationary child rapists to wear a GPS device. However, because it does not apply retroactively to cases like Sicari's, Tyre said she could use her discretion to help the state keep tabs on him, "and that's what I'm going to do."
She also ordered him to have no unsupervised contact with any child under age 16 and to stay out of parks, playgrounds and schools.
Weymouth told the Herald Sicari, who appeared emaciated behind a crewcut and wire-rimmed glasses, "is very remorseful."
Sicari lured the little boy into a Cambridge parking garage on Sept. 7, 1997, with the promise of a bicycle, then attacked him.
It was less than a month before his brother Sal Sicari helped his lover, Charles Jaynes, kidnap, rape and kill Jeffrey Curley, 10, after he, too, thought he was getting a bike. Jeffrey's body was later discovered in a cement-weighted plastic bin in a Maine river.
http://bostonherald.com/news/regional/general/view/2008_09_19_Rapist_gets_free_pass_for_30_days/