Sex offender pleads to reduced charge, gets suspended sentence

LACONIA — A convicted sex offender who was facing a felony charge that he broke the law by helping organize a group of youngsters to assist with a food distribution drive has been given a suspended sentence after pleading guilty to a reduced charge.

Alger Conger, 80, of 1 Dixon St., Apt. 4, Laconia, pleaded guilty to a misdemeanor charge of failure to comply with the law that restricts the contact registered sex offenders can have with minors.

At the time of his arrest, Conger was charged with knowingly failing to comply with the restrictions, which is a felony. On Friday he pleaded guilty to a misdemeanor, admitting that his failure to comply with the law was due to negligence on his part.

The Belknap County Attorney’s Office nol prossed — or did not prosecute — the felony charge as part of the plea agreement. Had Conger been found guilty of the felony, he potentially could have been sentenced to between 7½ and 15 years in prison.

Superior Court Judge James D. O’Neill III sentenced Conger to 12 months in the Belknap County Corrections facility, with all of the time suspended on condition of two years’ good behavior. He also ordered Conger to participate in counseling programs and barred him from being involved in “any kind of organized activities, including through his church, that involve minors under the age of 16.”

Gilford police arrested Conger on May 9 after receiving a tip that he had contact with children through his involvement with the Missions Committee of the First United Methodist Church in Gilford.

The tip came after a photograph published in April in The Laconia Daily Sun showed Conger posing with a group of youngsters — the Cereal Heroes — who were sorting items that the church was preparing to donate.

In June, Conger contested the charge, asking the judge to rule that police had no grounds to arrest him. His attorney, Allison Schwartz, argued that, while her client helped organize the work party, his contact with the youngsters at the event was minimal.

O’Neill ruled the arrest was proper because, although Conger had little direct contact with the youngsters, he nevertheless organized the event where he would be able to interact with them.

Conger was convicted in 2004 of aggravated felonious sexual assault involving a person under 13 years of age, along with two counts of felonious sexual assault. He received a two- to four-year sentence in the New Hampshire State Prison.

Assistant Belknap County Attorney Adam Woods called Friday’s plea agreement “a fair sentence.” He added that the Gilford Police Department agreed with the terms.

Schwartz said that, despite her client’s guilty plea, she considered the charges an overreach by authorities.

“We continue to believe that Alger should never have been charged with this offense," said Schwartz. “While he made some mistakes years ago, he has been fully compliant and law-abiding since. Alger’s sole goal has been to contribute to the community and to be of service through his church.

"Nevertheless,” she continued, “Alger is respectful of the process, and, due to his age and circumstances, did not believe a drawn-out legal process was in anybody’s best interest.”

Woods explained that, under the terms of the sentence, Conger cannot be involved in any “community service-type” projects that involve minors, including those at the Methodist Church. He added that Conger had already resigned from the church’s Missions Committee. He said the judge’s order, however, does not prevent Conger from attending services at the church.