Michael Izzo

@MIzzoDR

MORRISTOWN – A former Florham Park Zoning Board of Adjustment member was sentenced to seven years in prison Friday for sexually assaulting his teenage nephew after the boy's father died in the Sept. 11, 2001 terrorist attacks.

Mark Iantosca, 52, pleaded guilty in June to sexually assaulting a Florham Park male between June 2008 and June 2010. The victim was between the ages of 16 and 18 at the time and Iantosca told Judge Catherine Enright he committed acts of sexual penetration on the minor – his nephew by marriage – acknowledging that he and the victim engaged in oral sex at his home.

Iantosca was charged with the crime in February after the victim told police. He was released after posting $100,000 bail.

On Friday, Iantosca’s attorney asked for a more lenient and “merciful” sentence than seven years because of how quickly his client dealt with the situation, that he was a repetitive but not a compulsive offender with a low risk of reoccurrence, that he would be “managed” through parole and Megan’s Law, that he sought counseling, and for the sake of his family.

Morris County Assistant Prosecutor Laura Magnone said anything short of the seven year sentence the state recommended “would be a great injustice.”

Magnone said Inatosca was not one a one-time offender, as he repeatedly sexually assaulted his nephew and his actions were not spontaneous, as he used his father’s death as a “grooming technique.”

The victim, now 24, directed a statement toward Iantosca prior to sentencing. He said he lived a life of “shame and embarrassment” and it took years come to terms with what Iantosca had done to him.

“You used 9/11 to get my guard down,” the victim said, calling Iantosca a predator and a “sick, disgusting individual.”

The victim, the oldest of four brothers, lost his father in the Sept. 11, 2001 terrorist attacks. His father was an employee at Cantor Fitzgerald, working on the 105th floor of the World Trade Center at the time the plane hit.

After his father’s death, at which time the victim was nine years old, he said became obsessed with watching footage of the attacks, specifically of people jumping from the towers, hoping to locate his father.

The victim said he later learned his father did not jump from the towers, though he said Iantosca told him he did. The victim said he was obsessed with learning more about the attacks, searching for answers, and while most of his family was reluctant to talk about it, Iantosca offered answers, though he would later learn not all of it was true.

At the same time, the victim said his mother remarried, and he began to spend more time at Iantosca’s home to get away from his own house.

During that time, the victim said he asked Iantosca about his father, but Iantosca kept turning the subject back to the 9/11 attacks.

“My father has been looking down all this time thinking what a disgusting and despicable human being you are,” the victim said to Iantosca. He said he still has nightmares of the assaults, but while he has struggled he will persevere.

The victim’s mother was next to speak to Iantosca.

“After Sept. 11 never again did I think I would experience suffering of that magnitude,” she said. “You used a catastrophic situation to feed your perversion… I don’t know what to say to you, Mark, other than you are a heartless monster. There are no words for the pain you have caused him. I hope this eats away at you for the rest of your days as it does me.”

The mother said she hoped her son’s bravery in speaking out resulted in justice.

Next the victim’s other uncle spoke, saying he felt like a watchdog to his brother’s children following his death.

“On the morning of 9/11 I was awakened by the screams of my mother,” the uncle said, adding how he tried again and again to call his brother in the towers. He said he was able to get through and hear his brother say “I love you” before the line went dead a few seconds later. The uncle called back and left a voicemail, promising to protect and care for his nephews.

“Like me, (the victim) looked at the defendant as an authority figure,” the uncle said. “He had us all fooled, including his wife and children, none of whom are here today.”

The uncle said he did not wish to use the events of 9/11 to engender sympathy or support, but shared the story because they played such a crucial role in Iantosca’s actions.

“He used 9/11 to break him down, so he could console him and prey on his vulnerability,” the uncle said. “I carried the cross of 9/11 with me… the defendant used it as a sword.”

Prior to sentencing, Iantosca apologized to the victim and his family for what he did. He said he knew what he did was wrong and asked for leniency, not for himself but for his children, three from a current marriage and two adult children from a prior marriage.

Dozens of family members of the victim were in attendance to show their support, many in tears throughout the Friday morning hearing.

Enright, also visibly emotional after hearing statement from the victim and his family, said Iantosca’s actions turned the victim from a confident and happy child to a person in a depressive state.

“He endured not only the loss of his father at a young age,” Enright said, “But also the loss of his innocence.”

Enright said while she appreciated the defense’s arguments, seven years was the appropriate sentence, rather than the minimum of five.

In addition to the seven year sentence, of which he must serve at least two years and 21 days before parole eligibility, Iantosca will be on prohibition for life and must register with police as a convicted sex offender under Megan's Law. He must also be evaluated at the state's Adult Diagnostic and Treatment Center in Avenel.

Iantosca has 45 days to appeal the sentence.

Staff Writer Michael Izzo: 973-428-6636; mizzo@GannettNJ.com