New York State News and New York State Child Sexual Abuse Cases:
The purpose of these articles, is to show the importance of Creating Safer Havens. Our intent in sharing these cases is to bring an awareness of the 'Secret Sins' that are going on around us daily. These are only a few of the many thousands of cases occurring within the church and places where children are supposed to be kept safe. Let's not be fooled into thinking these types of acts are limited to churches and after school programs. In this fast-paced world we live in, these 'Secret Sins' are happening everywhere. As you will see below, children are being violated by pastors, therapists, music directors, volunteer workers, school teachers, coaches, and sadly, the list goes on. Our hopes at Creating Safer Havens is that the seriousness of this problem will no longer be overlooked, and the importance of protecting our children will become top priority.
** The following synopses are for illustrative purposes. **
7/7/2012 New York law puts older pedophilia cases off-limits
He is a former altar boy, now in his 30s, who says a small-town parish priest won his trust, sexually abused him, often violently, and left him too ashamed to tell anyone for years.
It is the kind of allegation that has shaken the Roman Catholic Church and other institutions and led to trials, convictions and millions of dollars in civil settlements.
The difference, in this case, is that the former priest, Gary Mercure, cannot be charged or tried in court because his alleged crimes occurred in New York - where state law gives victims of child sex abuse only until they are 23 years old to make a complaint.
6/26/2012 - NY - New York's dangerously narrow definition of sex abuse
Jerry Sandusky is guilty — delivering some small measure of vindication to the boys he so terribly abused.
But victims of childhood sexual abuse in New York would be unlikely to receive comparable vindication. Victims of abuse, including those from Syracuse University and the Horace Mann School who allege they were preyed upon sexually, have run into two glaring problems with our laws.
NY, Albany - 6/6/2012 Child Sexual Abuse and Exploitation Prevention Act clears state Senate
The New York State Senate today passed the “Child Sexual Abuse and Exploitation Prevention Act” (S5226A), sponsored by Senator Steve Saland (R-I-C, Poughkeepsie), Chairman of the Senate Codes Committee. The bill creates new, tougher crimes for predators who prey on children over the Internet.
“Sexual abuse against children is despicable and unacceptable,” Senator Saland said. “With the Internet and other technology, these crimes have increased and become more complex to prosecute. This bill makes changes to the law and gives law enforcement the tools to track down those who exploit and abuse innocent children. Enacting the Child Sexual Abuse and Exploitation Prevention Act will make significant progress in protecting our children and putting those vile perpetrators behind bars.”
The sexual exploitation of children is a growing issue. It is estimated that there are between 100,000 and 300,000 children sexually exploited annually through prostitution and pornography in the United States.
The Child Sexual Abuse and Exploitation Prevention Act implements aggressive measures to protect children from dangers from Internet predators, child pornography and child sexual abuse. It addresses a number of crimes including child sexual abuse, exploitation, pornography, and prostitution offenses and computer sex crimes against children.
The bill would protect children and aid law enforcement by: permitting the introduction of business records, especially internet service provider records, into evidence in grand jury proceedings; requiring registered sex offenders to provide verification of their Internet accounts and Internet screen names and permitting the Department of Criminal Justice Services to provide this information to Internet service providers; adding certain sexual crimes against children to the list of violent felony offenses; and toughening penalties involving minors in prostitution. The law encompasses many other areas of criminal activity to assist police and help victims.
The bill will be sent to the Assembly.
New York State Child Sexual Abuse Cases
NY, Brooklyn - 1/31/2013 NY religious school rabbi faces sex abuse charges of three former students
A rabbi at a religious school in New York's ultra-orthodox Jewish community has been arrested on charges of sexually abusing three teenage boys from the ultra-Orthodox yeshiva where he once taught.
Yoel Malik, 33, a well-regarded member of the Satmar Hasidic sect, was arrested on 28 charges ranging from sexual abuse to forcible touching, police said.
He lured two of the underaged victims to Brooklyn hotels, according to sources.
The incidents occurred between March 2012 and last week.
Malik’s family ran the since-closed yeshiva, a small private facility for troubled kids. The operation shut down over financial problems.
The allegations arose through an anonymous tip to a confidential hotline.
The arrest came a week after a Satmar counselor was sentenced to 103 years behind bars for his repeated sexual abuse of a teenage girl sent to him for help.
NY, Brooklyn - 1/22/2013 Therapist Sentenced to 103 Years for Child Sexual Abuse
An unlicensed therapist and respected member of an ultra-Orthodox Jewish community in Brooklyn was sentenced on Tuesday to 103 years in prison for repeatedly sexually abusing a young woman, beginning the attacks when she was 12.
NY, Rockford - 9/25/2012 Harlem Middle School teacher faces 10 sexual abuse charges
A Harlem Middle school teacher has been placed on administrative leave in the wake of 10 counts of criminal sexual abuse of a child.
Darcee Baney, 27, of Loves Park worked for the district for five years as a science teacher and as a girls’ seventh-grade basketball coach.
The alleged offenses occurred between Nov. 1, 2008, and March 31, 2009, but were not reported to authorities until early August. Because they occurred in Rockford, the case was investigated by the Rockford Police Department.
At the time, the victim was 17 years old and Baney was varsity basketball coach at Belvidere High School.
“I thought she was great,” said Alyssa Reeverts, a senior on the 2008-09 Belvidere team. “She was young and she was great with us as players. I didn’t feel any awkwardness or that she was trying anything. She kept it very professional whenever I was around her.”
Baney has been on paid administrative leave since Sept. 5, said Harlem School District Superintendent Julie M. Morris, who was with Bruscato at the news conference.
Harlem Middle School students are encouraged to contact their principals if they have any concerns. Parents who have questions can call Morris, 815-654-4588.
NY, Queens - 8/23/2012 Ex-Little League Coach Pleads Guilty to Sex Abuse
New York City prosecutors say a former Little League coach pleaded guilty to sexually abusing boys on his baseball team and videotaping some of the acts.
David Hartshorn pleaded guilty Thursday to criminal sexual acts. He admitted assaulting three boys — two 14-year-olds and a 13-year-old — and taping two others engaging in sex acts. Queens District Attorney Richard Brown says Hartshorn took advantage of his role as a coach and manipulated the boys.
Prosecutors say one of the boys told his mother, who notified police. Hartshorn was arrested in February 2011.
He faces 18 years in prison at his sentencing on Sept. 28. A message left with his attorney seeking comment wasn't immediately returned.
The 54-year-old Hartshorn was once named "Rochdale Village Little League Coach of the Year."
7/15/2012 - Update NY - Brooklyn prep school accused of covering up football coach's sexual abuse of young boys
Brooklyn prep school has been accused of covering up a former footbal coach's sexual abuse of young boys in a case that shockingly mirrors the Penn State scandal.
Phil Foglietta, who is now dead, has been accused of raping and assaulting students for more than 20 years at Poly Prep in Brooklyn, New York.
A Lawyer representing the 12 victims argues that the abuse could have been prevented had the school not buried the football coach's abuse in a bid to protect its reputation
and athletic program
NY, Brooklyn - 6/25/2012 Four Haredi Orthodox men indicted in alleged sex abuse cover-up - Update of 5/24/2012 article
Four haredi Orthodox men in Brooklyn were charged with attempting to intimidate and bribe an alleged sexual abuse victim and her boyfriend in a criminal case against a local counselor.
According to the indictment filed June 21, Abraham Rubin, 48, offered the alleged victim and her boyfriend $500,000 to recant testimony against Nechemya Weberman, an unlicensed psychotherapist awaiting trial on charges of sexual abuse. Weberman has been accused of 88 counts of sexual misconduct and allegedly molesting the victim in his home and office when she was aged 12 to 15.
It is the first case resulting from a new task force to address witness intimidation and harassment in Brooklyn’s Orthodox Jewish community. The task force was established in May by Brooklyn District Attorney Charles Hynes in response to mediareports that the community regularly hid cases of child sexual abuse from the authorities.
NY, Manhattan - 6/14/2012 Manhattan Teacher Arrested on Sex Abuse Charges
A New York City elementary school teacher was held on bail Thursday on charges he sexually abused an 8-year-old student in the school, a week after Mayor Michael Bloomberg pushed for more power to fire teachers accused of sex crimes.
Rafael Sosa, 29, of Yonkers, was arrested Wednesday and held on $75,000 bail, accused of multiple sexual acts with the girl between Dec. 1 and June 6, according to a criminal complaint. He was also accused of making her send him love notes over e-mail. The Department of Education reassigned him from his job at Public School 208 in Manhattan, also known as the Alain L. Locke Elementary School, where he had worked since September 2009.
Bloomberg has used the issue to call on the state Legislature to give him more authority to fire tenured teachers accused of sexual misconduct. He wants his schools chancellor, Dennis Walcott, to have the final decision on whether to fire teachers, rather than leaving that question up to independent arbitrators.
This wouldn’t be an issue in Sosa’s case, because he doesn’t have tenure.
NY, South Nyack - 6/14/2012 Former Church Group Leader Convicted In Sex Abuse Of 4-Year-Old
A former Rockland County church group leader from South Nyack has been convicted of sexually abusing a 4-year-old child he was babysitting in 2009.
A Rockland County jury convicted Todd Retallack, 49.
“This case calls for a prison sentence to both punish the defendant and to serve as a warning to those offenders who prey on children,” said District Attorney Thomas Zugibe.
Retallack faces a minimum of two to a maximum of seven years in state prison when sentenced on Sept. 11.
NY, Queens - 6/1/2012 Queens computer teacher charged with groping 3 more children
A Queens computer teacher arrested this year in the molestation of two students has been charged with fondling three others, officials said Thursday.
Wilbert Cortez, 49, is accused of molesting five boys between 2007 and 2011 on multiple occasions at PS 174.
Cortez — who was reassigned out of the classroom after his Feb. 16 arrest — was arraigned Wednesday night in Queens Criminal Court.
The teacher — who has been working in city schools since 1986 — is accused of placing his hand on the genitals of two students, ages 6 and 10, over their clothing while they were seated in his classroom, the district attorney said.
Cortez would also allegedly fondle the 10-year-old through his clothes while he helped clean the classroom after the lessons were over, officials said. Cortez also is accused of going into the teacher’s bathroom with an 8-year-old boy and fondling him under his clothing, officials said.
Cortez could be looking at 14 years in prison if convicted on all counts, officials said. He was released Thursday on $60,000 bail and is due back in court on June 11, according to officials and Correction Department records.
In 2000, an investigation revealed Cortez slapped two students on the buttocks on three different occasions in 1999 and 2000 at PS 184 in Brooklyn. A disciplinary letter was placed in his file.
NY, Brooklyn - 6/1/2012 $10,000 Bail For Brooklyn Teacher Accused Of Having Sex With 16-Year-Old Student
Bail for a Brooklyn high school teacher accused of repeatedly having sex with a 16-year-old male student was set at $10,000 during a court appearance Friday.
English teacher Erin Sayar, 36, was arrested Thursday for rape and other charges for engaging in sexual conduct with the 11th grade student at Brooklyn’s James Madison High School, investigators said.
In a detailed account of the alleged sexual encounters, Sayar, who also has a child, picked up the teen at his home around midnight one night late last year and then “took him to Marine Park where they engaged in sexual intercourse in her SUV,” said special commissioner Richard Condon.
Condon said the student confessed to having relationship with Sayar.
The student’s parents, who were seen in court with their lawyer, charge that sex also took place in her office where she tutored the boy, and that she allegedly provided him marijuana.
The parents of the male student in this case have filed a $10 million notice of claim against the Department of Education, and neighbors of Sayar in Park Slope said they are disturbed by the charges.
“She’s having sex with a minor, knowing she has a good man at home and a child; I don’t know,” Zoe Carrero said.
Sayar faces up to four years in prison if convicted.
Close to 20 Department of Education employees have been arrested already this year.
The seemingly never-ending string of arrests are now prompting state lawmakers to act. They’re pushing new legislation that would give school districts the final say on teacher discipline instead of arbitrators. “Every child should be protected from people who are predators,” said State Sen. Stephen Saland (R-Poughkeepsie).
In New York City, teacher discipline is currently decided by an outside hearing officer, a system Mayor Michael Bloomberg has said doesn’t always work. “In one case, an investigator found that a teacher had inappropriately touched a number of female students. This was the teacher’s second hearing for such behavior, but the hearing officer only imposed suspension without pay and a strong warning,” Bloomberg said. ”How can we, as adults, let that teacher go back into the classroom?”
NY, Ulster County – 5/30/2012 Man sentenced for sexually assaulting two minors - Update of 3/30/2012 article
A New Paltz man has been sentenced to seven years in state prison for sexually assaulting two minors.
According to the Ulster County District Attorney's office, back in March, Chad Olson, 35, was found guilty of sexual conduct against a child, sexual abuse and endangering the welfare of a child.
The DA's office says the first victim was abused between January of 2005 and August of 2008 at residences in both Rosendale and Esopus. The second victim was assaulted at a residence in Sawkill between November of 2008 and January of 2009.
Both victims testified against Olson during his four day trial. Olson was also sentenced to ten years post release supervision.
NY, Canadaigua - 5/29/2012 Coach’s sexual abuse case waived to Grand Jury
A preliminary hearing was waived for the man accused of sexually abusing a 12-year-old boy.
Leslie Hoke is accused of volunteering as a youth coach and firefighter for the purpose of meeting young boys.
A Grand Jury will hear the case against Hoke.
Police have asked youth organizations across Western New York if Hoke volunteered for them. Police believe there may be as many as 15 victims across Ontario, Seneca, and Steuben Counties.
The Ontario County D.A. said he plans to upgrade the charge to predatory sexual assault of a child.
On Friday afternoon, Ontario County District Attorney Michael Tantillo said he will upgrade the charges against 37-year-old Leslie Hoke.
Hoke is accused of sexually abusing a 12-year-old Canandaigua boy.
Hoke was initially charged with a single count of felony Criminal Sex Act in the first degree. Tantillo wants to charge him with Predatory Sexual Assault of a Child. The charge carries a potential life sentence. Tantillo says to also expect more counts of the same charge.
New York State Police say there are at least four victims and potentially as many as 14 or 15. Police say Hoke met the alleged victims by volunteering for youth sports organizations and fire departments.
The Canandaigua Fire Department released a statement saying Hoke was a volunteer firefighter from 2009 to 2011. He had limited interaction with teens during the Fire Explorer Program.
Police believe there may be additional victims in Waterloo in Seneca County, Geneva in Ontario County and Prattsburgh and Pulteney in Steuben County.
NY, Corning – 5/29/2012 Steuben County Man Pleads Guilty to Child Porn
A Steuben County man pleads guilty to child porn charges in U.S. District Court Friday.
21 year old Bryan Griswold of Corning is charged with taking pornographic pictures of five girls under five years old. Authorities say some of the pictures were taken at the Corning YMCA, while the girls were in his care.
Griswold faces a maximum of 10 years in prison and a $250,000 fine. Griswold is also charged in Steuben County Court with criminal sex act and sexual abuse.
The judge in Steuben County hasn't made a decision yet on this case.
NY, Albany – 5/29/2012 Bethlehem man sentenced for sexually abusing child
50-year-old Vincent Cassala was sentenced to 15 years in State Prison on Wednesday following his conviction for sexually abusing a child.
The Albany County District Attorney's Office said that Cassala engaged in criminal sexual activity with a 15-year-old from the fall of 2010 through the spring of 2011.
Cassala was also sentenced to 10 years of post-release supervision, and will be required to register as a sex offender.
“Our greatest obligation is to the safety and protection of
our children”, said Albany County DA David Soares. “Mr.
Cassala betrayed a trust placed in him”.
After Bad Press, Brooklyn DA Changes Course on Child Sex Abuse - 5/24/2012
Brooklyn DA Charles Hynes is desperately trying to extricate himself from a political scandal sparked by his refusal to release the names of ultra-Orthodox Jews suspected of child molestation, as well as letting powerful rabbis decide whether child abuse allegations should be reported to the police. Hynes's cooperation with the ultra-Orthodox community has been absolutely crucial to his reelection campaigns; he's won landslide victories in neighborhoods with large Jewish populations. Now, in the wake of a damning New York Times article about his handling of sex abuse cases in these communities, Hynes is... proposing legislation.
When Rabbis Muzzle Sex Crime Victims, What's a Prosecutor to do? - 5/24/2012
Prosecutors often deal with crime victims who do not want to testify. Victims are afraid they will be harmed by their abusers, such as victims of domestic violence. Others are embarrassed to testify in public and undergo brutal cross-examination, such as rape victims. Others are traumatized by the courtroom and having to face their abuser, such as child victims. The law has tried to accommodate these concerns through witness protection programs, rape shield laws, and closed circuit testimony. But sometimes the opposite happens: victims want to testify against their abusers but face pressure from friends, family, and powerful members of their own community not to cooperate with the authorities.
NY, WATERTOWN – 5/24/2012 Fort Drum soldier charged with sexually abusing two children
State Police in Watertown arrested James Costigan, 32, of Calcium, NY, on two counts of criminal sexual act in the 1st degree, a class "B" felony, and two counts of endangering the welfare of a child, a class "A" misdemeanor for having oral sexual conduct with an 8-year-old female and 5-year-old female during 2012.
The incidents occurred in the Town of Leray, Jefferson County. The children are in the care of Jefferson County Child Protective Services. Costigan was arraigned before town Justice John Hallett in the town of Leray Court and remanded to the Jefferson County PSB in lieu of $25,000 cash bail or $50,000 bond pending Grand Jury action.
Costigan is an active duty soldier stationed at Ft. Drum.
NY, Hamden – 5/22/2012 Several Minors Sexually Abused, Arrest Made
The Delaware County Sheriff's Office charged Daniel G Joslin, 50, of Hamden with 3 felony sex crimes. The investigation began three weeks ago when some victims came forward.
Investigators believe he had a sexual relations with several underage victims - both male and female - at various times over the past decade.
The charges include two counts of Criminal Sexual Act, two counts of Rape, one count of Sexual Abuse, and count of Course of Sexual Conduct Against a Child.
Joslin is in the Delaware County jail without bail. His next court appearance is scheduled for May 15, 2012
NY, Westchester - 5/22/2012 Westchester Kung Fu Master Gets 7 Years in Sex-Abuse Case - Update of 2/7/2012 article
A kung fu grandmaster and retired police officer convicted of sexually abusing girls during martial arts lessons was sentenced Tuesday to seven years in prison.
Frank DeMaria, of Ossining, will also have to register as a sex offender once he gets out of prison.
The 68-year-old DeMaria was convicted in February on charges of sexual abuse, sexual conduct with children and endangering children.
Four girls ages 6 to 11 said DeMaria had them grab and pull his genitals during lessons at his school, the American Center of Chinese Studies, in Croton-on-Hudson from 2009 to 2011.
DeMaria, a retired Westchester County police officer, testified that he told students to kick and slap an attacker's groin in a maneuver called the tiger claw but didn't have them fondle him.
DeMaria came to the attention of authorities when adult students reported he was "gyrating" during a girl's lesson, the district attorney's office said.
NY, Verona - 5/22/2012 Verona man charged with sexually abusing a 1-month old infant
A Verona man, Andrew Potter, 22, has been arrested on charges that he sexually abused a 1-month-old.
State Police began investigating the case when the Oneida Healthcare Facility contacted them regarding injuries suffered by the female infant.
He is scheduled to return to court on May 24.
NY, St. Lawrence County – 5/18/2012 Jury finds Richard Thornton guilty of child sexual abuse
A Canton man has been found guilty of sexually abusing two young girls. Richard Thornton was convicted on four counts, including predatory sexual assault, sexual conduct against a child, and two counts of endangering the welfare of a child.
Thornton was charged in 2010 after court documents show he sexually assaulted two young girls multiple times over an eight year time period. Both children were under the age of 11 when the assaults began.
Thornton faces a minimum of 25 years to life in prison.
NY, UTICA – 5/17/2012 Mixed verdict in case of Waterville teacher accused of sexual abuse - Update of 12/22/2011article
A mixed verdict has both sides claiming at least partial victory in the case of the Waterville Elementary Schoolgym teacher accused of sexually abusing a child.
On Thursday morning, a jury found David Lemery not guilty of the more serious crime of first-degree sexual conduct against a child and guilty of the same crime in the second-degree. The victim, now 19, had said that Lemery abused her from 1997-2002 while she was his student. She said he would pull down both their pants and have her sit on his lap in his office.
"It's certainly a partial victory," Defense Attorney Michael Spano said. "He was facing a mandatory state prison sentence if he was convicted of the top count of 25 years in state prison. Now the sentencing options are wide open. There's no mandatory state prison sentence he will be facing."
Lemery will be sentenced July 11 in Oneida County Court. Prison time is not mandatory. The judge can sentence him to anything from probation up to seven years in state prison.
NY, Mineola – 5/15/2012 NY man who raped girl, killed dad, gets 32.5 years
A New York man convicted of raping a 10-year-old girl, and then fatally stabbing her father when he reported it to police, has been sentenced to 32 ½ years in state prison.
Prosecutors say the 23-year-old Ulises Bonilla raped a 10-year-old girl in a bathroom at a New Cassel park in September 2010.
When the child's father confronted Bonilla after learning about the sexual assault several days later, Bonilla stabbed the man 12 times, killing him.
He was convicted of murder, rape, sexual abuse, weapons possession and child endangerment.
NY, Oneida County - 4/17/2012 Man accused of child sexual abuse with child he met on Facebook
Brent Reader, 32, has been accused of filming sexual acts with a child under the age of 17. Police say he met the child on Facebook and pretended to be a teenager as well. Police believe the two met in person in the City of Rome and that Reader recorded their sexual encounters.
Reader has been charged with use of a child in a sexual performance, criminal sexual act and resisting arrest.
State Police say they believe there may be more victims out there and are asking anyone with information to come forward by calling the Bureau of Criminal Investigation at (315) 736-8002, extension 232.
NY, Greene County – 4/14/2012 Priest in Greene County on leave, accused of abuse
According to the Albany Roman Catholic Diocese, a Greene County priest, Rev. Jeremiah Nunan, is on administrative leave from ministry as the Diocese investigates allegations he sexually abused a minor. A spokesman for the diocese says the Greene County District Attorney’s Office has been notified.
Nunan is 74 years old and pastor of Sacred Heart Parish in Cairo and Our Lady of Knock Mission in East Durham. He is temporarily barred from officiating at any sacraments, wearing clerical garb, or presenting himself as a priest.
The suspension follows a civil lawsuit that claims Nunan abused someone between 1996 and 2003 when that person was a minor and between 2007 and 2011 when the plaintiff was an adult. According to the spokesman for the Diocese, Nunan has denied the allegations.
The Diocese says this is the second time Rev. Nunan has been placed on administrative leave by the Diocese during an investigation of an allegation of sexual abuse of a minor. He returned to his duties after an allegation received in 2006 and involving alleged abuse in the late 1960s and early 1970s in Hudson was, according to the Diocese, deemed by the Independent Mediation Assistance Program to be unsubstantiated.
NY, Warsaw – 4/10/2012 Man Accused Of Sexually Abusing Child in Wyoming County
Police arrested a man in Wyoming County for allegedly having sexual contact with a child.
Kenneth Green was charged with two counts of Sexual Abuse and Endangering the Welfare of a Child. Green is accused of having inappropriate sexual contact with a child less than 11 years old on two occasions in the Town of Wethersfield in December 2011.
Green posted bail and will return to court later this month.
NY, Canandaigua - 4/08/2012
Man, 92, Indicted on Child Sex Crimes
Eldon Olschewske of Geneva appeared in Ontario County Court Friday
to answer to an 18-count indictment handed up by a grand jury.
The charges allege repeated and ongoing sexual contact with a ten yearold
girl during November and December 2011. Authorities would only
describe the victim as being a child living in the neighborhood near
Olschewske's Hamilton Street apartment. The victim is not a family
After an arraignment in Geneva Town Court Olschewske was released to
the custody of a family member only to be re-arrested days later on an
additional charge of Predatory Sexual Assault of a Child.
The charges against the 92 year-old include Predatory Sexual Assault,
a Class A Felony carrying a maximum prison sentence of 25 years-to-life
in prison. Other charges include Criminal Sex Act (10 counts), Attempted
Rape, Sexual Abuse (5 counts), and Endangering the Welfare of a Child.
Ontario County Assistant District Attorney Jeffrey Taylor tells 13 WHAM
News that Olschewske is the oldest known defendant of felony-level
charges in the county and the 82-year age gap between defendant and
victim is the widest his office ever recalls.
NY, Batavia – 4/4/2012 Police: man sexually abused 2-year-old
A Batavia man is behind bars, accused of sexually abusing a 2-year-old child over a three-month period.
City of Batavia Police arrested James Little, Jr., 40, of Batavia on Wednesday. He is facing three counts of first degree criminal sexual act for allegedly sexually abusing the toddler.
NY, Rome - 4/4/2012
Rochester New York, Local Agencies Sign Commitment to Help Abused Children
At the Bivona Child Advocacy Center on Lake Ave. in Rochester, representatives from Child Protective Services, police departments, the District Attorney's office, doctors, social workers, and therapists are all working to help children.
The center's goal is to create one place, where children who have been physically or sexually abused can come to be interviewed, examined and begin counseling.
"So that we don't have to re-victimize these kids and sending them to the emergency department and waiting for six hours. So we don't have to send them to the police station. We don't have to have them repeat their story over and over and over again," said Bivona Executive Director Mary Whittier.
Bivona opened in August of 2004. Since then, more than 7,700 children have been evaluated there; almost 1,300 of them last year alone.
NY, Oswego County – 4/2/2012 Man charged with sex abuse
An Oswego County man is accused of sexually abusing a child under the age of 11. Joseph Steadman, 34, was arrested Friday night. The abuse is alleged to have happened in July of 2008.
Steadman is charged with a count of criminal sex act and course sexual conduct against a child. He was sent to the county jail pending arraignment.
NY, Ulster County – 3/30/2012 Man convicted of sexually assaulting two minors
A New Paltz man has been convicted after officials say he sexually assaulted two minors.
On Friday, Chad Olson, 35, was found guilty in Ulster Court of course of sexual conduct against a child, sexual abuse and endangering the welfare of a child.
They say the first sex assault happened between January of 2005 and August of 2008 at residences in both Rosendale and Esopus.
The second assault occurred at a residence in Sawkill between November of 2008 and January of 2009.
Both victims testified against Olson during his four day trial.
NY, Byron – 3/28/2012 Man accused of abusing child under 11 WIBV TV 4
A Genesee County man has been arraigned on child sex abuse charges.
46-year-old John Chrisley faced a judge in Byron Town Court Wednesday afternoon. He's accused of having sexual contact with a child under the age of 11, last October.
Chrisley was released on his own recognizance and is due back in court on Monday.
NY, Bath – 3/27/2012
Sexual Assault Plea Deal
Reported by: Sara Sultanik
A Bath man accused of sexually assaulting a young girl took a plea deal in Steuben County court.
26-year old Eric Trumbull of Robie St. was charged with rape and sexual abuse in December.
Officials say trumbull raped the girl while she was in his care.
Today, Trumbull pleaded guilty to one count of predatory sexual assault on a child under the age of 13.
District Attorney Brooks Baker says Trumbull will serve 10 years jail time and 10 years post release supervision.
NY, Lockport – 3/27/2012
Lockport Man Arrested on Child Sex Abuse Charges
A 38-year-old Lockport man was arrested by New York State Police on Monday on two charges of first-degree sexual abuse and two counts of endangering the welfare of a child.
Robert J. Sawmiller was arraigned before City of Lockport Judge William J. Watson and remanded to the Niagara County Jail.
Authorities allege that Sawmiller had inappropriate sexual contact with a child under the age of 11, and that a second child was in the same room at the time of the alleged abuse.
NY, Bay Shore – 3/23/2012 L.I. Man Charged With Using Child In Sexual Performance
BAY SHORE, N.Y. (CBSNewYork) -- Police in Suffolk County arrested a man who they say sexually abused a juvenile female victim.
Authorities said that 45-year-old Daniel Rodriguez was arrested in Bay Shore Thursday afternoon and charged with aggravated sexual abuse, promoting a sexual performance of a child and use of a child in a sexual performance. Rodriguez was also charged for failing to register as a sex offender, police said.
Authorities said that Rodriguez was required to register as a sex offender after being convicted of 1st-degree rape in 1992.
He is scheduled to be arraigned at First District Court in Central Islip on Friday.
NY, Fulton – 3/22/2012 State Police In Fulton Arrest 42-Year-Old Hannibal Resident For Child Sex Abuse
The State Police in Fulton have arrested Joseph M. Thompson, 42, of 89 Country Lane, Fulton, for three counts of second-degree sexual abuse and three counts of endangering the welfare of a child. The charges are both Class A misdemeanors.
Investigation conducted by members of the SP Fulton BCI revealed that Thompson had allegedly fondled a female child under the age of 12 several times over the past several months.
The incidents occurred at Thompson’s residence in the town of Hannibal, according to the State Police.
Thompson was arraigned in the Town of Hannibal Court and remanded to the Oswego County Jail in lieu $1,500 cash/$3,000 bond.
NY, Bronx - 3/22/2012
Bronx pastor accused of raping two teens
The pastor of a Bronx church charged with rape last January for
impregnating a teen was indicted Thursday for raping another girl,
Michael Clare, the 40-year-old married leader of the Harvest
Worship Center in Wakefield, had sexual contact with the girl at
least three times between June 22, 2009 and June 30, 2011 at the
school and inside his home, prosecutors said.
Their two-year relationship began when the girl was 14, police
said. The victim, now 17, reported the allegations earlier this
month, cops said.
The girl was a student a Harvest Preparatory Academy, a school
run out of Clare’s tiny storefront church. Records still list him as
the principal there.
The new charges against Clare include rape, sexual misconduct and
Clare was first arrested in June 2010 for allegedly repeatedly
having sex with a different girl from his flock — starting when she
was 12, prosecutors said.
The girl became pregnant, and DNA evidence implicated Clare,
prosecutors said. He was indicted for raping her in Jan. 2011.
He faces 32 years in state prison if convicted of the two rape
NY, Glen Falls - 3/19/2012
Man arraigned on charges of sexually abusing
A Glens Falls man had been arrested 20 times before his arrest
for allegedly sexually abusing a 7-week-old girl, choking the
infant's mother and killing a parakeet, a Warren County judge
said at the suspect's arraignment Monday.
David B. Cook, 33, pleaded not guilty to several felony charges at
his court appearance.
At the court hearing, Judge John Hall Jr. said Cook had been
arrested 20 times in the past, convicted of eight misdemeanors and
failed to appear in court three times. Warren County prosecutors
released a dossier of information that detailed Cook's past actions
and statements he allegedly made to police.
Prosecutors say Cook sexually abused a 7-week-old baby in his
home on March 3, which caused critical injuries to the infant.
Doctors recently removed the baby from the intensive care unit at
Albany Medical Center, but it was too soon to tell if her injuries
will heal, the district attorney said.
He is being held in Warren County Jail.
NY, Brooklyn - 2/24/2012
Brooklyn Man gets 30 years for child sex abuse, child
A judge sentenced a Brooklyn man to 30 years in prison today for
sexually abusing underage children and producing homemade
pornographic videos of his crimes.
Felix Cartagena also admitted that he distributed his videos
and photographs over the Internet, sharing images of him
raping children with other like-minded pedophiles using the
Web, officials said.
Cartagena would roam the streets, trawling for young children in
"planned events" and then lure them back to his basement for
depraved sessions of sexual abuse, the prosecutor said.
According to prosecutors at an earlier hearing, the 27 year-old man
would tie his victims up, sometimes gag the child, and once put a
BB gun to a toddler's head - then he photographed the child's abuse
at his own hands.
FBI agents found more than 20,000 images of child
pornography "carefully organized" in files, after they arrested
Cartagena in 2010, the prosecutor said.
NY, Queens - 2/23/2012
Queens School Aide Charged With Sexually Abusing
6 Girls, becoming the fifth school worker charged in the
last few weeks
A school aide in Queens was arrested Thursday on charges of
sexually abusing six 9- and 10-year-old girls at the school,
becoming the fifth city school worker charged in the last few
weeks with sexual crimes against children.
The aide, Brett Picou, 30, of Public School 52 in Springfield
Gardens, is awaiting arraignment on seven felony counts of sexual
abuse, one felony count of repeated sexual abuse of a child and
seven misdemeanor counts of forcible touching, the Queens district
attorney’s office said.
Mr. Picou has been a full-time paraprofessional at the school since January 2010, the Education Department said. Paraprofessionals are aides assigned to individual students,
often special-needs students or students in crisis. Mr. Picou has
no disciplinary record and has been suspended since the allegation
was made on Feb. 15, the department said.
The recent string of charges against school employees, several
of them with histories of sexual contact with children buried in
their personnel records, prompted the schools chancellor, Dennis
M. Walcott, to order a review last week of all substantiated cases
of misconduct since 2000; he pledged to fire any teachers who had
engaged in inappropriate sexual behavior.
The arrests began Feb. 6, when a teacher’s aide in Crown
Heights, Brooklyn, was charged with making videos of his sexual
acts with children.
Then a teacher’s aide on the Upper West Side was arrested on
sexual abuse charges after a male student told investigators that the
man had him strip in the school’s lavatory and, at another point,
offered money to fondle the boy.
On Feb. 16, a computer teacher in Queens with a history of
inappropriately touching children was arrested on charges of
inappropriately touching an 8-year-old boy and a 9-year-old boy.
And on Wednesday, word came that a substitute high school
teacher in the Bronx had been arrested on charges that he twisted
a 16-year-old male student’s nipples on Feb. 10.
NY, Croton-on-Hudson - 2/7/2012
Ossining Man Convicted of Child Sexual Abuse
Croton kung fu instructor Frank DeMaria, 68, of Ossining was
convicted Tuesday of sexually abusing four young girls.
According to the DA, adults initially reported to Croton Police that
they saw the defendant take the young students into a corner and
watches as the defendant’s gyrated his hips.
Female victims then told investigators that the defendant instructed
them, on more than one occasion, to grab his penis and to squeeze
and pull it repeatedly.
According to the DA, the defendant is an internationally-known
grand master instructor who owned and operated a kung fu
studio in Croton-on-Hudson. The victims were students and the
incidents took place between Nov. 1,2009 and Jan. 6, 2011 at the
studio, the DA said.
DeMaria was arrested by Croton Police on Jan. 14, 2011. The
defendant, who was remanded after the verdict, faces a maximum
of seven years in state prison on each of the top counts when he is
sentenced on May 8.
N.Y., Rochester - 1/19/2012
Convicted church leader expected in court
A former church leader in Rochester, already convicted of
sexually abusing a young boy, will be back in court Thursday.
Bishop Joe Flowers is accused of molesting two other children. He
was sentenced in August for sexually abusing an eight-year-old
boy. That child’s family went to Flowers’ church.
Flowers was sentenced to seven years in prison for that charge but
he is currently in the Monroe County Jail until these other cases are
N.Y., Brooklyn -1/18/2012
Ex-worker at NYCHA child-care center in Brooklyn
charged with molesting girl in program
A former worker at a Brooklyn after-school program run by
the city Housing Authority has been charged with sexually
abusing a girl in his care.
Investigators are concerned the 63-year-old suspect may have
molested other children as well, law enforcement sources said.
Nicholas Rodriguez was busted last spring, just months after he
retired as community coordinator for the Jonathan Williams
Plaza Community Center in Williamsburg, officials said. He was
charged with molesting a girl, now 10, who started attending the
center’s after-school program when she was just 5, officials and the
victim’s mother told The News.
The mother said she was confused when her daughter suddenly
asked to enroll in another program in 2009 after attending the
center for two years. The mom switched the girl to another center.
A year later — the day after Christmas in 2010 — her daughter
revealed why she had wanted to leave. “She said she had to tell me
something,” the mother recalled. “She said, ‘Nick touched me.’ He
told her not to tell anybody.” The teary-eyed girl then showed her
mother where Rodriguez allegedly touched her by pointing to her
private parts. She said she then took her daughter to the police.
After an investigation, cops had enough to charge Rodriguez with
sexual abuse and endangering the welfare of a child.
Rodriguez — who has a prior arrest for criminal possession of a
controlled substance in 2003 — retired from NYCHA in
January 2011 after nearly 32 years working for the agency, but
cops cuffed him at the day-care center on May 25, officials said.
Two former employees of the NYCHA center said they are
sure Rodriguez hurt more children. One ex-worker said
“There were other complaints...”
A NYCHA spokeswoman said she was unaware of any prior
investigations regarding Rodriguez and added that he passed
background checks in 2008 and 2010.
N.Y., Utica - 1/11/2012
Videotaped interview with defendant played during
CO's sexual abuse trial
Perhaps as damning as the testimony from the two young victims,
age 10 and 12, were the words coming out of the 50-year-old
defendant's own mouth, in a videotaped interview with state police
Former long-time local correction officer Donald Hughes, of
Floyd, faces sexual abuse charges regarding the two girls, whose
lives he's been in since birth and who knew him as, "Poppy."
Day Three of Hughes' trial took place in Oneida County Court in
Utica on Wednesday. The girls took the stand on Tuesday, one
testifying that Hughes touched her chest both over and under her
shirt; the other, describing in detail how she claims Hughes made
her touch his penis.
On Wednesday, jurors saw a videotaped interview between
defendant Hughes and an investigator from the Child Advocacy
Center in Utica and Hughes and a state police investigator. In it,
Hughes admits guiding the 10-year-old's hands down his pants.
Hughes cried during parts of the videotaped interview. The mother
of one of the alleged victims rocked back and forth and cried while
Hughes described placing the child's hands in his pants. Hughes
and his attorney will hear all of the prosecution witnesses before
deciding whether or not Hughes will testify on his own behalf.
N.Y., Warrenburg - 1/10/2012
Court Upholds Sapienza’s 35 Year Sex Term
The Appellate Division of State Supreme Court has rejected the
contention of former pizzeria owner Anthony C. Sapienza that the
35-year prison sentence imposed on him by Warren County Court
Judge John S. Hall for sexually assaulting two girls is harsh and
Last July, Sapienza’s conviction had been held by the appeals court
but in a 4-0 decision, found that Hall had imposed illegal sentences
on certain counts. The court vacated the sentences on 12 counts
and remitted the matter for resentencing. But when Sapienza, 44,
was resentenced, Hall imposed even longer sentences than he did
the first time.
Sapienza, former owner of Sapienza’s Pizzeria and Restaurant on
Route 9, was found guilty following jury trial in January 2009 13
felonies and four misdemeanors for repeated sexual encounters
with 14-and 16-year-old girls including sex acts which occurred at
Sapienza was represented at trial by the Warren County Public
Defender’s office and maintained that he was the victim in the
case, that the girls and police had lied and concocted the
allegations against him. He continued to maintain his innocence
throughout the trial, boisterously on several occasions prompting
the judge to threaten to remove him from the courtroom.
N.Y., Geneva - 1/2/2012
Child Sex Abuse Arrest, Alleged Offender is 92
Eldon L. Olschewske, age 92, was arrested in Geneva after an
investigation revealed he had sexual contact with a 10-year-old
girl in December. According to the Ontario County Sheriff’s
Office, the Hamilton Street apartment dweller was arraigned in
Geneva Town Court and released to a family member. An order of
protection was issued to prevent him from having any contact with
the child. He will return to Geneva Town Court at a later date.
N.Y., Dannemora - 12/16/2011
Prison Inmate claims Coach Fine had Molested him
A 56-year-old New York prison inmate says former Syracuse
University assistant basketball coach Bernie Fine began
molesting him more than 40 years ago and continued to have
sexual contact with hin into adulthood.
Floyd Van Hooser told the Associated Press during a prison
interview that Fine began sexually abusing him when Van Hooser
was 14 years old.
Van Hooser is the fourth man to accuse Fine of sexual abuse. He
initially made his allegations to the Post Standard of Syracuse.
Fine was fired Nov. 27 after three men said he molested them when
they were boys. Fine has denied wrongdoing and has not been
charged. A federal investigation is ongoing.
NY, Queens - 12/15/2011
Norwalk, CT Minister to Serve 5 Years for
Sex Crimes - Update of 1/7/2010 article
A Norwalk minister was sentenced fo five years in prison at
Queens Supreme Court for molesting a young relative. The Rev.
Phillip Joubert, 50, was facing up to seven years in prison after he
was convicted in November of five charges related to the abuse.
“Pastor Joubert’s unwillingness to admit guilt or express contrition
did not help his case,” said his attorney. “However, it was
impossible to answer to the charge in any other way.”
Joubert, the founding pastor of New Light Missionary Baptist
Church in Norwalk, was accused if sexually assaulting female
relative on two occasions at his Queens, N.Y. home in the summer
The rape allegations against Joubert came to light after a Nov. 14,
2009, child abuse incident at Joubert’s Norwalk Home, police said.
During the incident, Joubert allegedly hit the female victim in the
face and several times about the torso after he came home to find
his Lexington Avenue apartment was messy, according to his arrest
While officers were interviewing the victim and her mother, the
victim revealed that Joubert sexually abuse her at his residence in
Queens, police said. Norwalk officers turned the rape investigation
over the New York City Police Dept.
New York City Police arrested Joubert on Nov. 24, 2009, as he
arrived at J.F.K. Airport after a trip to Israel. Joubert admitted to
touching the victim’s breast and vagina during a videotaped
interview with N.Y. City police, but the victim alleged that he
physically assaulted her and forced her to have sex with him, court
New York, Utica - 12/22/2011
Waterville teacher accused of sexually abusing girl
The Waterville teacher accused of sexually abusing a girl under
the age of 11 during the course of several years is now headed
to trial for the accused crimes. David Lemery was in Oneida
County Court in Utica on Thursday and his attorney said they do
not plan on accepting a guilty plea in this case. At Lemery's
previous court appearance, it was stated that Lemery and his
attorney would return December 22 to decide whether or not to
pursue a psychiatric defense. However, nothing of that was
mentioned at the December 22 appearance. Lemery is a
Physical Education teacher at Waterville Central School and
has been on paid administrative leave since first being charged.
Lemery has been charged with two counts of first-degree sexual
conduct against a child, and two counts of the same charge in
the second degree. The charge states that the offense had to have
happened twice over the duration of 3 months. In December,
Lemery's attorney waived a hearing to suppress certain
statements Lemery made to authorities, but reserve the right to
discuss their relevance or whether they might be prejudiced.
Over the summer, the Oneida County District Attorney's office
extended a plea offer to Lemery, but he rejected it. The details
of that offer have not been disclosed at this time. Lemery
remains out of custody on $15,000 cash bail or bond, and the
judge set a trial date of March 5.
New York, Lyons - 12/16/2011
9-Month Old Girl Sexually Assaulted
A shocking story out of Wayne County, New York where a district
attorney says it involves the youngest sex abuse victim he's ever seen.
Authorities say a Lyons man sexually assaulted and nearly killed a
nine month old girl. Lyons is located about midway between Rochester
24-year old Richard Dallas was arrested Friday. He faces seven charges
which include sexual assault against a child and aggravated sex abuse.
The alleged abuse happened on November 30th when paramedics were
called to a home where they found the nine month old girl having trouble
Later doctors found the baby had severe internal injuries requiring
emergency surgery. The Wayne County District Attorney says she would
have died without treatment. D.A. Richard Healy said, "I've been a
prosecutor for 30 years when I think I've seen everything, but a case like
this comes along... there really aren't any words to describe how bad this
Healy says Dallas has no past criminal history and is not a registered sex
offender. He pled not guilty Friday to all the charges and is being held in
jail without bail until his next court appearance.
New York, Buffalo - 12/13/2011
Allegations of Sexual Abuse of Young Girls on
Buffalo attorney Kendra Winkelstein resigned as legal counsel to
the ruling clique of the Tuscarora Nation last week following
allegations of the systematic sexual abuse of young girls on the
reservation by individuals with strong ties to the Tuscarora
leadership. Winkelstein, who has represented tribal clerk Leo
Henry, Neil Patterson Sr. and Neil Patterson Jr. for the past 18
years, told the Niagara Falls Reporter that the reasons behind her
resignation were "personal." She declined comment when asked
whether she is now talking with agents of the federal government
or any other law enforcement agencies. A spokeswoman for the
Buffalo FBI office would neither confirm nor deny that Henry and
the Pattersons are under investigation. For Henry and the
Pattersons, Winkelstein's resignation is potentially devastating, as
Winkelstein has been the public face of the former "Gang of Four"
to local, state and federal bureaucracies like the Niagara County
Sheriff's Department, the New York Power Authority, the Bureau
of Indian Affairs and the Environmental Protection Agency. She
has been a key negotiator for the Tuscarora leadership, and has
served as their representative in eviction proceedings and other
highly criticized procedures undertaken by Henry and the
Pattersons. Speculation about Winkelstein's resignation was
rampant on the reservation last week.
A chair's got four legs, but you kick one out from under it and the
whole thing falls down," one Tuscarora told the Reporter. Without
the thin veneer of legality Winkelstein provided, it seems unlikely
that government agencies will continue to do business with a
regime responsible for basic human rights violations, including the
denial of electrical service and medical treatment, the hijacking of
$12.5 million received by the Tuscaroras over the past six years
under the Power Authority's relicensing agreement, and an alleged
pattern of ongoing sexual abuse under which the parents of
victimized children were threatened with the loss of their
homes and land should they choose to go to authorities. Because of confidentiality and ethical standards, Dougherty said he
could not give the names of the women, but said they all told
fundamentally the same story.
A powerful Tuscarora man, related by blood to at least one of those
currently sitting on the ruling clique, raped and abused the
women when they were young girls between the ages of 11 and
16, he said. "We're talking about an evil man," Dougherty said. "It's
kind of surprising no one's shot him yet." In fact, Dougherty said,
the father of one of the girls in question had to be physically
restrained after he took off after the alleged perpetrator with a
shotgun. "He was lucky that day, and he's stayed lucky."
The women waited years before coming forward with their
allegations, because of the perpetrator's close ties to those in the
Tuscarora government, Dougherty added. "They didn't say anything
out of fear," he said. "Fear that they would be removed from the
rolls, that their parents would be removed from the rolls, losing their
property, or not having the ability to buy property."
More recently, allegations of repeated incidents of child
molestation have surfaced at the Tuscarora Health Clinic, and
the situation is considered so grave that a meeting was held for
clinic workers in September where they were instructed about what
to say should anyone ask them about the situation. Numerous
sources on the reservation said last week that the case involves
multiple victims and a former worker at the clinic -- related by
blood to the suspect in the earlier case and to the member of the
ruling clique as well -- who was quietly removed from his position
last month. According to the sources, the tribal leadership is
deliberately conducting a coverup of what went on at the clinic,
to the point of enlisting one powerful Clan Mother to warn the
victims and their families of the dire consequences they might
face should they speak out about what happened.
New York, Brooklyn - 12/13/2011
Haredi sex abuse scandal revealed in NY
It happened for a very long time: Eighty-five men from Brooklyn's ultra-Orthodox community are suspected of sexually
abusing more than 100 of the community's children and teenagers.
Many, including the victims' parents, allegedly knew about it but
chose to keep silent – until one of the community organizations
decided to reveal the horrible secret and went to the police.
The affair was reported by the New York Post on Sunday. The
New York police are still unsure when the abuse began, but it
clearly stretched over several years. Several years of suffering,
trauma and perhaps the worst thing of all – a conspiracy of silence
aimed at preventing humiliation and shame, all at the expense of
the helpless children.
An initiative called Kol Tzedek (“voice of justice") decided to
expose the dreadful acts, and as the months went by more and more
men were arrested. The organization members located children
who fell victim to the abuse and convinced them to complain.
The case involves 117 victims – 89 of whom are under the age of
17. The number of arrests is expected to increase as the affair
So far, 38 indictments have been filed and 14 of the detainees have
already been sent to jail for up to 20 years for rape, sodomy and
kidnapping. Another 24 suspects have been released on bail, and
the rest are still being questioned.
According to the investigation, in some of the cases parents knew
their children were being molested but gave in to community
pressure and chose to remain silent.
'Victims were troubled kids'
One of the suspects is Andrew Goodman, 27, who worked for
Jewish social-service agencies and looks like a movie star.
According to the New York Post, many members of Brooklyn’s
Jewish community believe he is a monster.
Goodman was already arrested in 2010, but was released on
bail. The price of his freedom appears to have been heavy: Since
returning home, he hosted dozens of children and allegedly
abused them during parties with liquor and child porn. Some of
the kids were photographed by neighbors entering and leaving
So far, authorities have charged him with sexually abusing two
Orthodox boys for years in Flatbush — one from age 11 to 15,
the other from age 13 to 16.
According to the 144-count indictment, which alleges numerous
violations since 2006, Goodman filmed sex acts with the
youngsters on a Web cam. Court papers and source say he also
“threatened the life” of a boy who reported him to authorities. Andrew Goodman is known in our community as a lifelong
molester who preys on young boys and ruins their lives,” a
Talmudic scholar at Congregation Bais Torah wrote to Brooklyn
Judge Martin Murphy, who is hearing the case, the New York
Rabbi Shea Hecht, of the Hasidic Lubavitch group, accused
Goodman on a Jewish radio show of "hunting" for prey. He said
Goodman went to yeshiva playgrounds, once offering a reward
for any boy who found his “lost glasses". Goodman also
pressured boys to recruit others, the rabbi said.
Goodman is currently in detention and has pleaded not guilty.
“These were not forceful — no one was held against their will,"
his lawyer said, adding that the alleged victims were “troubled
kids who did not have a good home life.” He claimed that one
boy ran away and Goodman “gave him a safe haven."
New York, Albany - 12/7/2011
New York Lawmakers Could Reform Child Abuse Laws Similar to California Legislation
New York state lawmakers said the announcement on Wednesday
that a former Syracuse University coach will not face sex abuse
charges because the statute of limitations had run out could boost
efforts to reform state child abuse laws.
One proposal would provide for the five-year statute of limitations
to begin when victims turn 23, instead of age 18 as it now stands,
said New York State Assemblywoman Margaret Markey. She
introduced the proposal seven years ago after a constituent said he
had long ago been abused by a priest but nothing could be done
because of the statute of limitations. Her bill also would create a
one-year window, beginning when the law takes effect, for victims
to bring civil claims against alleged abusers for whom the statute
of limitations has passed. Civil suits allow alleged victims to seek
monetary damages but not prison time.
Since the Syracuse University scandal broke, Markey said her
colleagues have been asking more about her proposal, which she
said was modeled on similar legislation in California. Former
Syracuse University basketball coach Bernie Fine has been accused
by two men of fondling them as juveniles beginning as far back as
Investigators believe the accusations are true but Fine cannot be
prosecuted under state law due to the statute of limitations, District
Attorney William Fitzpatrick said. Fine has said the accusations
are "patently false."
"We will be drawing attention to this because I see it as the only
way to help the victims of Syracuse and Brooklyn Poly Prep,"
Markey said, referring to claims that a football coach at the
Brooklyn private school molested dozens of boys over 25 years.
In 2005, a Poly Prep alumnus sued the school, but the case was
thrown out because of the statute of limitations. The coach
accused of molesting the boys, Philip Foglietta, died in 1998. Last
year, seven alumni filed a federal suit accusing the school of
covering up the abuse for years.
"People should be up in arms about this, but I don't feel the
rage," Markey said. "These victims deserve to be
Legislators said there has been some opposition to the civil
window because it would allow anyone to bring a claim even if
they were abused many decades previously. A related issue is the
rights of the accused because, some argue, extending the statute of
limitations too far would make it impossible to present an adequate
The U.S. Supreme Court has ruled that criminal statutes of
limitations cannot be changed retroactively but civil statutes can be
altered, which her bill would do, Markey said.
Reforms adopted in Delaware in 2007 eliminated the civil statute
of limitations on sexual abuse and allowed a two-year window for
civil suits by victims for whom the statute of limitations had
passed. Under the Delaware law, 14 men who said they were
sexually assaulted as children in the 1970s and 1980s announced
last week they reached a $7 million settlement with three Catholic
Church institutions that employed and supervised their predators.
In Pennsylvania, lawmakers said this week that in the wake of the
sexual abuse scandal at Penn State University they would propose
reforms to give victims more time to press civil claims. At Penn
State, former assistant football coach Jerry Sandusky, 67, faces 52
counts of sexually abusing ten young boys over a 15-year period.
He has denied he abused the boys.
In New York, another bill in the Assembly would change the law
so the five-year period begins when a crime is first reported to law
enforcement. Another bill would extend the statute of limitations
for sex offenses against minors for 30 years. Assemblyman J. Gary
Pretlow, who sponsored the 30-year proposal, said recently that the
Syracuse case would reinvigorate his push to get the bill passed
"Many times, people are too embarrassed to come forward," he
said. "If people do come forward later in life, the person who did
it should be punished."
New York state prosecutors said they would turn over the evidence
in the Syracuse case to federal authorities. There is no federal
statute of limitations on abuse of minors during the life of the
victim. But Steven Statsinger, assistant federal defender at Federal
Defenders of New York, said that federal prosecutors would have
to establish jurisdiction to bring a case. If the alleged abuse
occurred only in New York, for example, prosecutors may find it
hard to establish federal jurisdiction.
"In order for it to be a federal offense, there would have to be
something inter-state about it," said Statsinger.
New York, Brooklyn - 12/6/2011
Brooklyn's Poly Prep Covered Up Football Coach's
Sex Abuse: Lawsuit
In a federal lawsuit, nine men say they were abused by former football coach Phil Foglietta from 1966 until the early 1980s.
Brooklyn’s Poly Prep Country Day School is coming under fire for
its alleged four-decade cover-up of “prolonged and horrific sexual
abuse of many of its sons” by its late iconic football coach, Phil
In a federal lawsuit, nine men say they were abused by Foglietta
from 1966 until the early 1980s, the Daily News reports. The suit
alleges Poly Prep received complaints about Foglietta shortly
after he was hired, but did not take action against him because
of his coaching success and fundraising prowess for the highly
respected 157-year-old school.
Foglietta might have abused dozens or even hundreds of boys,
according to the suit, but top school officials allegedly ignored
complaints or threatened to discipline or expel students who
reported they were abused.
The plaintiffs are seeking at least $20 million each in
compensatory and punitive damages. One of them is David
Hiltbrand, 57, who told the News about an episode in the coaches’
locker room shower when he said Foglietta rubbed his shoulders
and put his hand between his legs. Hiltbrand jumped away and into
scalding water, then saw the coach groping other boys, he said.
“It was so terrifying,” Hiltbrand told the paper. “It made me feel
like I had done something wrong. I come from a Roman Catholic
family and I just knew I was going to hell.”
Foglietta was Poly Prep’s football coach and a physical
education instructor for students between 5th and 12th grades
from 1966 until 1991. The school did not renew his contract. He
died in 1998. The lawsuit was filed two years ago. School lawyers
have filed to dismiss it.
“It would not be appropriate to comment upon specific allegations
now pending in a federal court,” Headmaster David Harman said
in a statement to the News. “The school believes that a lawsuit
seeking tens of millions of dollars in damages based on conduct
that took place largely in the 1960s and 1970s is not actionable.”
Herman is a defendant in the suit, along with former headmaster
William M. Williams, the school, and various members of its board
The case echoes the recent coaching abuse scandals at Penn
State and Syracuse University, but Poly Prep officials rejected
such comparisons, according to the News.
The iconic coach is not mentioned on the school’s website.
New York, Queensbury - 11/30/2011
Dance School Owner Sentenced Sexually Abusing
An upstate New York dance teacher has been sentenced to five
years in prison for sexually abusing a young boy who was one of
The Glens Falls Post-Star reports that 49-year-old Timothy
McGuire said nothing when he was sentenced Wednesday in
Warren County Court. A jury convicted him in October of sexual
conduct against a child, a felony, and misdemeanor sexual abuse.
He was found guilty of repeatedly abusing the boy from the time
he was 6 until he was 14.
During his trial, McGuire denied having sexual contact with the
McGuire ran the Tim McGuire Dance Centre in Glens Falls
for 30 years. His lawyer has appealed the conviction.
New York, Troy - 11/30/2011
Repeat sex offender arrested again for sex abuse
A level 3 sex offender has been denied bail for allegedly abusing
a minor, again. 60-year-old Dennis Duboy pleaded not guilty in
Troy City Court this morning to new charges of Sex Abuse and
Criminal Sex Act, both felonies, as well as Endangering the
Welfare of a Child.
Investigators say Duboy performed a sex act on a 15-year-old boy
without his consent. Duboy has been convicted multiple times on
previous child abuse charges.
According to the New York State Sex Offender Registry website,
Duboy served 15 years in state prison for a 1986 conviction on
charges of sex abuse involving a minor.
New York, Syracuse - 11/18/2011
Assistant Coach Bernie Fine Under Investigation
for Child Sexual Abuse
Longtime Syracuse University assistant coach Bernie Fine is the
subject of a police investigation into allegations that he molested
a team ball boy for more than a dozen years, starting in the
mid-1980s, according to an ESPN report. The alleged victim,
Bobby Davis, told ESPN that Fine began molesting him in 1983
just before Davis entered seventh grade. According to the report,
Davis says the abuse happened at Fine’s home, Syracuse basketball
facilities and on road trips, including the 1987 Final Four. Davis
spent six years as Syracuse’s ball boy. Fine is in his 35th season as
a Syracuse assistant to Jim Boeheim. He has been placed on
Davis, now 39, says the abuse continued until he was 27 and
reported the abuse to Syracuse police in 2003, but detectives told
him the statute of limitations had expired and they would not
investigate. ESPN investigated the story in 2003, but decided not
to run the story because Davis was the only person willing to talk.
The Syracuse Post-Standard also investigated the allegations in
2003. The news is emerging now because another alleged victim
says he was sexually abused by Fine and is coming forward now
because of news coverage of the Jerry Sandusky sexual-abuse
scandal at Penn State, according to ESPN’s story.
According to the New York Penal Code, there is no statute of
limitations “for prosecuting first-degree rape, first-degree criminal
sexual act, or first-degree course of sexual conduct against a
child,” but the statute of limitations “for other sexual offenses
committed against a child under age 18 is five years after the
victim reaches age 18, or the offense is reported to a law
enforcement agency or statewide central register of child abuse and
maltreatment, whichever is earlier.”
Syracuse head coach Jim Boeheim released a statement in support
of Fine: ''This matter was fully investigated by the University in
2005 and it was determined that the allegations were unfounded.
I have known Bernie Fine for more than 40 years. I have never
seen or witnessed anything to suggest that he would [have] been
involved in any of the activities alleged. Had I seen or suspected
anything, I would have taken action. Bernie has my full support.''
In a statement by Syracuse University: “We understand that the
Syracuse City Police has now reopened the case, and Syracuse
University will cooperate fully. We are steadfastly committed to
ensuring that SU remains a safe place for every student”.