In claim of years-long sex abuse, former Blue Springs doc to be freed after 4 months

Joseph T. Mackey — a former Blue Springs doctor, Boy Scout leader and high school volunteer convicted of sexual abuse — has been ordered released from prison Tuesday after serving four months, according to court records.

Mackey, 45, had been given a five-year sentence in November after pleading guilty to one count of statutory sodomy in the sexual assault of a teenage boy he knew through scouting activities and as a patient. But after completing a 120-day sex offender assessment program in prison, Mackey is to be released on probation, according to an order from Jackson County Circuit Court Judge Marco Roldan.

When Mackey was sentenced in November, the victim read a statement in court saying Mackey was "extremely dangerous" and should be imprisoned "for as long as possible." The man, who alleged in a successful lawsuit that Mackey abused him for years, was one of three victims whose allegations raised since 2011 against Mackey were detailed in court documents related to a state board's action against Mackey's medical license.

A sex offender program evaluator recommended probation for Mackey "hesitantly," a judge noted.

Mackey’s release after four months is not uncommon but such outcomes sometimes bring complaints from members of the public, said Mike Mansur, a spokesman for the Jackson County prosecutor's office.

The 120-day program evaluates convicted sex offenders for potential risk and advises judges as to whether they are suited for treatment and supervision in the community or if they should serve out their full term in prison.

When the Legislature created the program in the 1990s, Missouri Department of Corrections officials said it was meant to tighten penalties on first-time offenders who at the time could receive 120 days and nothing more. Now, those offenders can be ordered to serve out their whole sentence if they are deemed dangerous.

Ahead of his release, Mackey in February sought through his attorney to modify the conditions of his probation to allow him to live at home with his wife and two sons, aged 9 and 11.

The existing probation conditions prohibit Mackey from living with minors or having unsupervised contact with them, but a motion filed by Mackey's attorney said his wife and family wanted him living at home.

Prosecutors opposed the idea, saying Mackey's sentencing report showed "several areas of concern, including but not limited to, the defendant characterizing his relationship with the victim as a 'father-son' type relationship."

Prosecutors also warned that Mackey had shown an "apparent lack of concern or empathy for his victim, and perhaps even more telling, the defendant's clear minimization of the gravity of this offense as demonstrated by his inconsistent statements as to how many times he had sexual contact with the victim."

On Tuesday a judge sided with prosecutors and rejected Mackey's request, noting that a sex offender program evaluator had recommended probation for Mackey "hesitantly."

Mackey's attorney did not return calls last week seeking comment for this story.

Mackey could have faced a stiffer sentence if convicted on the eight counts of second-degree statutory sodomy that prosecutors originally filed against him in 2015.

But Mansur, the spokesman for the prosecutor's office, said the case would have been difficult for prosecutors to win at trial and the victim, who is now in his early 30s, was in agreement with accepting a guilty plea on the single count.

"The victim was very involved," Mansur said. "These cases are often difficult cases but this one was a good outcome that the victim agreed to and allowed us to get some justice."

According to court records, the victim first met Mackey through a scouting activity when he was 11 years old and also was Mackey's patient at his Blue Springs medical office. Investigators found other victims who said they were abused by Mackey, but those allegations have not led to charges.

At Mackey’s sentencing in November, the victim said Mackey had brainwashed him and sexually abused him 150 or 200 times, according to a court record of the statement. He said the abuse had haunted him for years and that he was in therapy to treat his PTSD and anxiety.

"As a seemingly trusted medical professional, Scout and community leader, he knew what I needed as a young child and chose to take whatever he wanted of me," the statement read. "I was robbed of normalcy and a normal adolescence.

"It is my firm belief that if this man is left unsupervised, he will try in some way to manipulate people again," the statement continued.

In October the victim won a $120 million lawsuit against Mackey.

Allegations against Mackey began surfacing years before he was charged.

In 2013, the Missouri Board of Registration for the Healing Arts informed police they were investigating Mackey.

Mackey lost his medical license after the board's investigation turned up allegations from three of Mackey's patients, including the victim in the criminal case. Those allegations reached back to 2005, according to court documents.

In 2011, the Kansas City area's Heart of America Council of Boy Scouts had severed ties with Mackey after receiving a report of alleged misconduct. For more than 10 years Mackey had volunteered with the organization, serving as a leader of Troop 42 in Jackson County.

Council representatives said they turned their information over to law enforcement, as their policy requires.

Also in 2011, Mackey withdrew from his volunteer activities as a team doctor for Blue Springs High School and Blue Springs South High School, according to school district officials.

The terms of Mackey's probation, in addition to prohibiting him from living with or having unsupervised contact with minors, also bar him from employment or volunteer work with them.

He must successfully complete a sex offender treatment program and register as a sex offender.

He is not allowed to have contact with the victim.

Ian Cummings: 816-234-4633, @Ian__Cummings

This story was originally published March 4, 2018 at 7:00 AM with the headline "In claim of years-long sex abuse, former Blue Springs doc to be freed after 4 months."