A Monroe County musician who used to live in Stafford was sentenced to five years probation this afternoon, less time already served on interim probation, for his role in a Le Roy grand theft case.
Jonathan E. Seiger, about 56, was indicted in February of 2017 on 18 counts -- 17 Class E felonies and one Class A misdemeanor -- for unlawfully possessing and using a female friend's bank debit card. The charges also included criminal possession of stolen property and conspiracy.
His former roommate, Scott H. Spencer, was a co-defendant in the case. Between Aug. 5 and 15, 2016, the duo used the debit card at an ATM machine, along with the friend's PIN identification, to withdraw $1,660.
Seiger, who is speech and/or hearing impaired and requires a sign language interpreter, appeared in Genesee County Court with his attorney, Clark Zimmermann. He said his client's half of the restitution has been paid.
A May 16 report from the Probation Department and one from Unity Mental Health were filed, finding Seiger to be largely compliant with the terms of his interim probation. The felonies were reduced to misdemeanors.
But there was a violation of interim probation -- failure to appear in court as ordered -- prompting today's court appearance.
"I think there are some incorrect statements (in the report) by the Probation Department," Zimmermann said. "The Probation Department doesn't recommend giving probation a chance. Mr. Seiger has done what he was required to do."
Judge Charles Zambito set probation to expire on Aug. 29, 2022 and ordered an order of protection for the victim until May 29, 2026.
Spencer, who is also now living in Monroe County and on probation in the case, is responsible for $830 for his half of the restitution, but it has yet to be paid. However, a payment schedule has been set up.
Assistant District Attorney Kevin Finnell asked the court to make Seiger obligated for the balance due if anything should happen to Seiger's partner in crime and he becomes unable to pay it.
The clerk of the court spoke up and said the actual amount due the victim totals $1,743 -- not counting the check that a friend of Seiger's sent to the D.A. Office for Seiger's portion.
"She will be made whole," Zimmermann assured the court.
Zambito agreed to put in his ruling that Seiger is obligated to any restitution money due if Spencer defaults -- or dies. He also agreed to transfer the case to Monroe County Probation Department; ordered that a DNA sample be submitted to the state database; and called for a search of Seiger's property or person at anytime by Probation authorities, as requested by the people.
Zimmermann objected to the search clause, saying his client is not a drug offender, nor does he need treatment.
"It is overly intrusive," Zimmermann complained.
There was a brief conference at the bench at that point.
When the proceedings resumed, Finnell said he takes issue with a waiver of the search order; it is not related to any treatment concerns for the defendant.
"When he was taken into custody for failure to appear, in January, inappropriate material was found on his cell phone -- it was believed to be child porn," Finnell said. "(After investigation) none was found, but the browsing history showed a search for child porn. So the search conditions are warranted."
Zimmermann was silent.
The judge said he received concerns from Probation about their ability to properly supervise Seiger, and he said he also has concerns about that. He then specified that Seiger be ready at any time to have his person, residence or anything under his control subjected to a search by the Probation Department.
He will have to abide by a curfew.
The judge declined to require Seiger to inform an employer of his criminal history.
He will have to provide authorities with his employment and education records, and will have to submit to therapy should that be recommended. Seiger cannot possess firearms. He has to have a substance abuse evaluation and a mental health evaluation done within the next four weeks.
Seiger -- who is stoutish, about 5' 6" with dark curly hair -- wore a dark suit and white shirt to court. He will not be required, as was requested, to write a letter of apology to the victim.
The probationer can have no contact with former roommate Spencer, unless he clears it with the Probation Department first. Spencer sometimes books and manages music gigs, so he can't avoid him entirely and still make a living, his attorney explained.
Because he still has a matter pending in Genesee County Court -- "a penal law 130" unspecified sex offense case -- Seiger will be allowed to travel to and from the courthouse.
He has 30 days to appeal the judge's ruling.
"Good luck, Mr. Seiger," Zambito said.
