Level 3 sex offender held without bail for indecent assault charge

LYNN – A judge ordered a registered Level 3 sex offender recently charged with a molesting a 13-year-old girl held without bail pending trial.”Despite (his previous conviction), he was living in a home with an underage child,” Essex Assistant District Attorney Kate MacDougall said in Lynn District Court Monday afternoon. “I would argue there are no conditions of release to protect the victim and her family, the public and the community.”Steven Waylein, 33, homeless, turned himself in to police and was arrested and charged with indecent assault on a child under 14, subsequent offense; on Jan. 16.Waylein pleaded not guilty to the charge at his arraignment that afternoon and was ordered held without bail pending a dangerousness hearing.Police said a 13-year-old girl told officers she woke up earlier this month to find the defendant, who was staying with relatives at the home, molesting her. Waylein allegedly told police he had tripped and put his hand down on the bed to catch himself when the alleged victim rolled over on top of his hand. Waylein then allegedly told police he had “an episode” where he didn’t remember what happened, but his hand may have been on or near the alleged victim’s genitals.Neither MacDougall nor public defender Amy Sixt discussed many details of the case at the dangerousness hearing Monday, submitting video and audio recordings of testimony from Waylein and other witnesses.After the judge had reviewed the materials, Sixt requested that Waylein not be found a danger and be confined to house arrest with GPS monitoring, no contact with children and a tightly supervised probation.”The most important factor in support of the argument for a bracelet is that on learning he had a warrant or was sought by police, he turned himself in, gave a whole statement as to his version of events,” Sixt told the court.She cited Waylein’s submitted testimony, saying it described his “very serious medical conditions” for which he was trying to get disability payments. She also said he had the support of family members to fight the new charge.But MacDougall said she questioned the medical accuracy and the sincerity of Waylein’s testimony. She described the testimony as “very self-serving” and said it suggested Waylein had no idea of the seriousness of the new charges against him or the charge of rape of a child for which he was previously convicted.(The testimony is not part of the public record, according to an agreement between the attorneys.)MacDougall also noted Waylein’s fiancee – whom Sixt had cited as a family member supporting the defendant – had repeatedly disobeyed police instructions and tried to directly or indirectly contact the alleged victim’s mother following the arraignment.Sixt said the fiancee had belongings at the house and the contact “wasn’t in any way to influence testimony.”Judge Stacey Fortes ordered the girlfriend to not contact any potential witnesses. Fortes also found Waylein to be dangerous and ordered him held without bail pending trial.Waylein is scheduled to return to court Feb. 27.