Updated: 11/20/2013 9:37 AM
Created: 11/19/2013 5:52 PM WNYT.com
By: Kumi Tucker
RENSSELAER -- John Halacy of Rensselaer was facing 19 felony charges, including rape, but now he's out of jail.
The Rensselaer County District Attorney admits they made a big mistake by not following the proper procedure.
The mother of one of the young girls allegedly sexually abused by Halacy says the mistake is unacceptable and that Halacy belongs behind bars.
"I was totally confused and I wonder how this could happen because last time I knew he was supposed to be getting 7 to 10 years probation and registered sex offender for life," she said. "How do you go from those charges all the way down to endangering the welfare of a child?"
NewsChannel 13 is withholding her name to protect the identity of her daughter, who was just 14 when police say she was sexually abused by Halacy. He is almost a decade older.
Halacy is accused of sexually abusing two girls, ages 13 and 14, at his home and other places, starting in December.
Rensselaer Police say they arrested him on February 18th.
The Rensselaer County District Attorney's Office had to indict him within six months or get a waiver. District Attorney Rich McNally said Assistant Prosecutor Laura Kruegler didn't have a waiver. Most charges against Halacy will be dropped tomorrow.
"He's a very vindictive person," said the girl's mother. "He's a predator. He pursues these girls. He drugged my daughter up and did unspeakable things to her and he will do it again."
Halacy has walked out of jail. He will not have to register as a sex offender.
McNally, who was just elected judge, says he accepts full responsibility, and that prosecutors are now looking at the case file to see if other charges can be brought.
No one answered at Halacy's Rensselaer home when we stopped by.
The girl's mother calls him a dangerous predator who should be off the streets and says she does not accept the district attorney's apology.
"I have absolutely no confidence in our justice system whatsoever because of them," she said.
Halacy is expected to plead to child endangerment charges Wednesday in court.
The girl's mother says she never got a call from the D.A.'s office about the mistake. She says she found out about his release on Facebook and from friends.