Should Registered Sex Offenders Have Access to Facebook? A Clash of Rights

     Constitutional law in America could be described as an ongoing struggle between the interests of society and the rights of individuals and groups. In this battle, most citizens, unless their individual rights are threatened, come do…

     Constitutional law in America could be described as an ongoing struggle between the interests of society and the rights of individuals and groups. In this battle, most citizens, unless their individual rights are threatened, come down in favor of the government. This is particularly true when the individuals complaining about their rights being violated are convicted sex offenders.

     The Indiana legislature, in 2008, passed a bill barring most registered sex offenders in the state from using social networking sites that allow access to youngsters under eighteen. The law, passed without a single opposing vote in the state house and senate, and signed by Governor Mitch Daniels, made it a crime for registered sex offenders to access Facebook and sites like it.

     While the vast majority of Indiana's citizens embraced the new legislation, the American Civil Liberties Union (ACLU) filed a class-action suit on behalf of the state's registered sex offenders challenging the constitutionality of the law. According to the ACLU, the law violated its clients' First Amendment rights to free speech.

     In June 2012, U.S. District Court Judge Tanya Walton Pratt upheld the social networking ban as constitutional on the grounds the state has a strong interest in protecting children from pedophiles. Judge Pratt, in her opinion, described Internet sites like Facebook as "virtual playgrounds for sexual predators."

     The ACLU appealed the U.S. District Court ruling to the Seventh U.S. Circuit Court of Appeals in Chicago. In January 2013, the three-judge panel handed down its decision. The Indiana law denying registered sex offenders the right to avail themselves of Facebook and the other networking sites violated their right to free speech.

     As a result of the federal appeals court decision, registered sex offenders in Indiana who have been found guilty of violating the 2008 law, can petition state courts to have their convictions vacated. If they don't, their convictions will stand.

     It's not surprising that the appeals court decision to strike down this law was extremely unpopular in Indiana. Very few people have sympathy for sex offenders, even after they have "paid for their crimes." That's because most of them re-offend. Once a sex offender, always a sex offender. (This is particularly true of serial rapists and pedophiles.)

     If alcoholics are prohibited from flying airplanes, why should convicted sex offenders be allowed to use Facebook to network with each other and prowl for victims? A lawyer for the ACLU would answer that question this way: citizens don't have a constitutional right to fly a plane. However, because I believe that child safety should trump this constitutional right of sex offenders, I do not agree with the circuit court's decision in this case.    

from http://jimfishertruecrime.blogspot.com/

Looking Back at England’s Child Sex Exploitation Scandal

     In Rotherham, a city of 250,000 in northern England, five men from the Pakistani community were convicted in 2010 of grooming teenage girls for rape. The victims were trafficked across northern England by crews made up of Asian men….

     In Rotherham, a city of 250,000 in northern England, five men from the Pakistani community were convicted in 2010 of grooming teenage girls for rape. The victims were trafficked across northern England by crews made up of Asian men. The high-profile trials brought to light other child sex exploitation rings run by Pakistani men in the cities of Rochdale, Derby, and Oxford.

     English authorities, responding to public pressure in the wake of the trials and accusations, asked Alexis Jay, the former chief social worker for the Scottish government, to investigate the scandal and publish a report on the depth and scope of the criminal operation. She released her report on August 25, 2014.

     Ms. Jay and her investigators determined that from 1997 to 2013, 1,400 girls, some as young as eleven, were sexually assaulted in the massive criminal enterprise. They were gang-raped, beaten, and threatened. The author of the report wrote: "There were examples of children who had been doused in petrol and threatened with being set alight, threatened with guns, made to witness brutally violent rapes and threatened they would be next if they told someone."

     How could so many girls be exploited, by so many men, for so long? According to Alexis Jay, "Police regarded these child victims with contempt." Moreover, a good number of these children were known to child protection agencies. Police chiefs, detectives, and council members chose to believe the sex was either consensual or the allegations of rape were false. These crime were, according to the report, "effectively suppressed."

     In some instances, parents who tried to rescue their children from the exploitation operators were themselves arrested. (Police bribery must have been rampant.) In the report, Alexis Jay wrote: "The collective failures of political and police leadership were blatant. From the beginning, there was growing evidence that child sexual abuse exploitation was a serious problem in Rotherham."

     Following the publication of Ms. Jay's shocking report, Roger Stone, the head of the Rotherham City Council resigned. Outraged parents and others called for the Police and Crime Commissioner for South Yorkshire to step down as well. The commissioner told reporters he had no intention of resigning. No one else in the public sector has been held accountable for the scandal.

     Currently, authorities in northern England were investigating 32 other cases of child sexual exploitation by Pakistani men and their Asian accomplices. 

from http://jimfishertruecrime.blogspot.com/

A Look Back at the Notorious McMartian Preschool Case

…..Starting in 1983, with accusations from a mother whose mental instability later became an issue in the case, the operators of the McMartin Preschool Day Care Center near Los Angeles were charged with raping and sodomizing dozens of small children. The trial dragged on for years, one of the longest and costliest in American history. In the end…no one was ever convicted of a single act of wrongdoing. Indeed, some of the early allegations were so fantastic as to make many people wonder later how anyone could have believed them in the first place. Really now, teachers chopped up animals, clubbed a horse to death with a baseball bat, sacrificed a baby in a church and made children drink the blood, dressed up as witches and flew in the air–and all this had been going on unnoticed for a good long while until a disturbed mother spoke up?

     Still, the McMartin case unleashed a nationwide hysteria about child abuse and Satanism in schools. One report after another told of horrific practices, with the Devil often literally in the details….

     Often enough in these cases, news organizations share blame. In the McMartin case, they were far from innocent observers. A pack mentality set in after a local television journalist first reported the allegations. Across California and beyond, normal standards of fairness and reasoned skepticism were routinely thrown to the wind, with news gatherers scrambling to outdo one another in finding purposed examples of monstrous behavior by the principal defendants: Peggy McMartin Buckey and her son Raymond Buckey. (Mrs. Buckey, daughter of the school’s founder, died at 74 in 2000. Raymond Buckey, now in his mid-50s, said years ago that he wanted simply to be left alone….) It would be comforting to believe that mindlessly frenetic news coverage is a relic of the past. But who could make that claim with a straight face?

     Did the McMartin case have any lasting effect? In some respects, yes. Teachers across America grew afraid to hug or touch their students, out of fear of being misunderstood and possibly being brought up on charges. A widely held notion that young children do not lie about such matters took a huge hit. Some are vulnerable to implanted memories. In the McMartin case, many jurors found that leading questions from therapists steered impressionable children toward some of the most macabre tales….

Clyde Haberman, “The Trial That Unleashed Hysteria Over Child Abuse,” The New York Times, March 9, 2014 

…..Starting in 1983, with accusations from a mother whose mental instability later became an issue in the case, the operators of the McMartin Preschool Day Care Center near Los Angeles were charged with raping and sodomizing dozens of small children. The trial dragged on for years, one of the longest and costliest in American history. In the end…no one was ever convicted of a single act of wrongdoing. Indeed, some of the early allegations were so fantastic as to make many people wonder later how anyone could have believed them in the first place. Really now, teachers chopped up animals, clubbed a horse to death with a baseball bat, sacrificed a baby in a church and made children drink the blood, dressed up as witches and flew in the air--and all this had been going on unnoticed for a good long while until a disturbed mother spoke up?

     Still, the McMartin case unleashed a nationwide hysteria about child abuse and Satanism in schools. One report after another told of horrific practices, with the Devil often literally in the details….

     Often enough in these cases, news organizations share blame. In the McMartin case, they were far from innocent observers. A pack mentality set in after a local television journalist first reported the allegations. Across California and beyond, normal standards of fairness and reasoned skepticism were routinely thrown to the wind, with news gatherers scrambling to outdo one another in finding purposed examples of monstrous behavior by the principal defendants: Peggy McMartin Buckey and her son Raymond Buckey. (Mrs. Buckey, daughter of the school's founder, died at 74 in 2000. Raymond Buckey, now in his mid-50s, said years ago that he wanted simply to be left alone….) It would be comforting to believe that mindlessly frenetic news coverage is a relic of the past. But who could make that claim with a straight face?

     Did the McMartin case have any lasting effect? In some respects, yes. Teachers across America grew afraid to hug or touch their students, out of fear of being misunderstood and possibly being brought up on charges. A widely held notion that young children do not lie about such matters took a huge hit. Some are vulnerable to implanted memories. In the McMartin case, many jurors found that leading questions from therapists steered impressionable children toward some of the most macabre tales….

Clyde Haberman, "The Trial That Unleashed Hysteria Over Child Abuse," The New York Times, March 9, 2014 

from http://jimfishertruecrime.blogspot.com/

The Father Michael Kelly Sexual Molestation Case

     In 2008, a 31-year-old major in the U. S. Air Force Reserves brought a sexual molestation suit against Father Michael Kelly, the 58-year-old pastor of St. Joachim’s Catholic Church in Lockeford, California. The plaintiff, referred t…

     In 2008, a 31-year-old major in the U. S. Air Force Reserves brought a sexual molestation suit against Father Michael Kelly, the 58-year-old pastor of St. Joachim's Catholic Church in Lockeford, California. The plaintiff, referred to as John TZ Doe pursuant to a court order not to reveal his identify, didn't remember being molested by Father Kelly until 2006. Although the statute of limitations ruled out criminal charges, a civil suit could be brought against the priest and the church.

     In the lawsuit, John Doe accuses Father Kelly of molesting him in the 1980s when he was a 10-year-old altar boy at the Cathedral of the Annunciation in Stockton, California. In September 2007, following the recovery of his "repressed memory," John Doe had filed a complaint with Bishop Stephen Blaine of the Stockton Diocese. Father Kelly, placed on administrative leave, denied the allegations. Following an internal investigation by diocesan officials, Father Kelly, in March 2008, was re-instated at St. Joachim's Catholic Church.

     The civil trial got underway on February 29, 2012 in the San Joaquin County Superior Court. Judge Bob McNatt had ruled that the jury could not be told that Father Kelly was the subject of a pending sexual molestation investigation being conducted by the Calaveras County Sheriff's Office. According to the criminal complaint, Father Kelly had molested a boy during the period 2000-2002 while he was pastor of St. Andrew's Parish in San Andreas, California. (In 2004, Father Kelly was transferred to St. Joachim's in Stockton. Prior to his tenure in San Andreas, Father Kelly had been pastor at churches in Sonora, Tracy, Modesto, and Ceres, California.)

     Plaintiff's attorney John Manly put on several witnesses who, as boys in the defendant's churches, had been repeatedly tickled and wrestled with by the priest. According to this testimony, Father Kelly had sexually touched and fondled them during these bouts of roughhousing.

     John Doe took the stand and spoke of being molested by the defendant on a walking trail outside of Stockton, in a motel room, and in the priest's living quarters. In the motel room, the plaintiff said he had fallen asleep, and when he awoke, he and the priest were in bed naked. At the defendant's living quarters, Father Kelly had removed the witness' clothing. John Doe said he then fell asleep, and when he awoke, he was fully dressed. (From this testimony, the plaintiff was asking jurors to infer that he had been drugged.) Pointing at Father Kelly, the witness yelled, "You raped me, I was just a kid!"

     On March 20, San Francisco psychiatrist Anlee Kuo testified that she, in evaluating the reliability of John Doe's recovered memories of events that had occurred when he was 10-years-old, gave him several tests that measured the validity of his accounts. The results of these tests convinced her that these memories were accurate. Dr. Kuo pointed out that the repressed memory phenomenon is recognized by the American Psychiatric Association and the American Psychological Association. Moreover, she said that repressed memory is included in the Diagnostic and Statistical Manual of Mental Disorders. According to the psychiatrist, Father Kelly's sexual molestation has caused the plaintiff, as a 35-year-old adult, to suffer from depression and alcohol abuse.

     The next day, defense attorney Thomas Beatty put Father Kelly on the stand. The priest told the jury that he had not sexually molested the plaintiff. On cross-examination, John Manly, the plaintiff's attorney, asked Father Kelly this: "At any time did you get under a blanket with [the plaintiff]?"

     "Of course not," came the reply.

     "Did you ever take him into the bathroom to disrobe?"

     "I absolutely deny it."

     "Did you ever take the [plaintiff] on a hike?"

     "I did not," answered the priest.

     Dr. J. Alexander Bodkin of Harvard University took the stand for the defense. Dr. Bodkin told the jury that repressed memories--also known as dissociative memory--is not a scientifically proven phenomenon. "Peoples' memories don't get better with time," he said. "They get worse. The plaintiff's story is difficult to believe."

     Following the lunch break on Friday, April 6, 2012, the case went to the jury of 10 women and 2 men. Because this was a civil trial, only 9 votes were required for the jury to reach a verdict. Moreover, the standard of proof in a civil trial is less rigorous than in a criminal proceeding that requires guilt beyond a reasonable doubt. In a civil trial, a plaintiff merely has to establish his case by a "preponderance of the evidence." That is, the plaintiff's allegations against the defendant is more likely to be true than not true.

     After deliberating a day, the jury found Father Michael Kelly liable for three of the sexual molestation allegations. The second phase of the trial, with the same jury, would focus on the dioceses' handling of child abuse allegations against Father Kelly and other priests. One of the other priests was Father Oliver O'Grady who had been convicted of child molestation and possession of child pornography. The O'Grady case had cost the Diocese of Stockton millions of dollars in civil case settlements in more than 20 lawsuits. The jury also had the task of determining how much money to award John Doe.

     Immediately after the verdict, the Bishop removed Father Kelly from the ministry Three hours later, speaking to 100 of his parishioners at St. Joachim's Church in Lockeford, the ex-priest said, "The charges against me are untrue." When Michael Kelly reminded his supporters that he had passed two polygraph tests, they cheered. Because polygraph test results are not admissible in court, the jury did not know this. But the jurors didn't know about the ongoing sexual molestation investigation involving Michael Kelly in Calaveras County. Under the laws of evidence, jurors, in making their decisions, are kept in the dark about a lot of things.

     Michael Kelly, on April 15, 2015, flew to his native Ireland for what he described as needed medical treatment. He was under subpoena to testify the next day in the second phase of the lawsuit in Stockton. John Manly, the plaintiff's attorney, said that he believes the ex-priest received help in leaving the country. Kelly's attorney, Tom Beatty, said that he was "saddened by Father Kelly's illness and his devastation brought on by the finding of the repressed memory claim of abuse. I believe it is important for Father Kelly to be present during the damages phase of the case, but he feels he has lost everything already. I hope to talk to him shortly." John Manly said that whoever helped Kelly to escape out of the country could be arrested for aiding and abetting.

     In August 2015, the Stockton Diocese settled the lawsuit for $3.75 million.

from http://jimfishertruecrime.blogspot.com/

Eric Toth: Pedophile On The Run

     Born in 1982, Eric Toth grew up near Indianapolis, Indiana. He earned good grades in high school where he was considered self-centered and eccentric, and when he wanted to be, charming and manipulating. Abused as a child, he suffere…

     Born in 1982, Eric Toth grew up near Indianapolis, Indiana. He earned good grades in high school where he was considered self-centered and eccentric, and when he wanted to be, charming and manipulating. Abused as a child, he suffered bouts of depression and engaged in compulsive lying.

     The lanky young man enrolled at Cornell University in New York State. A year later he transferred to Purdue University at Calumet (Indiana) where he graduated with a Bachelor's degree in elementary education. During his college years he told several people he was an agent with the CIA.

     Upon his graduation in 2002, Toth volunteered at an elementary school in Indianapolis where he worked as a teacher's aide. His intense interest in boys between the ages 8 and 11 led to parental complaints and concerns. The principal, suspecting that Toth was a pedophile, terminated his association with the school. A lot of parents were glad to see him go.

     In 2003, Toth drifted around the midwest, always inserting himself into environments that put him in proximity to young boys. In 2004 and part of 2005 Toth worked as a counselor at a boy's camp in Madison, Wisconsin. It was at this camp he made videotapes of himself engaging in various sexual activities with several boys. When his behavior began to raise suspicion, he moved on. Moving on is what pedophiles do when too many people get suspicious.

     In the fall of 2005, administrators at the Beauvior Elementary School attached to the National Cathedral in Washington, D.C., hired Toth to teach third grade. Many of the students in this small prestigious Catholic School came from families of wealth and political power.

     Toth's enthusiasm for his job included tutoring children for free and even babysitting them at their homes. His gung-ho work attitude made him a popular teacher at the school. But his excessive familiarity with his male students, including having boys sit on his lap, raised eyebrows and suspicions.

     In 2008, a fellow Beauvior employee found disturbing photographs on a school camera assigned to Toth. The pornographic pictures featured the teacher and several boys. The school's principal confronted Toth, then fired him on the spot. After a security officer escorted Toth out of the building and off the campus, the principal called the police. The delay gave Toth the head start he needed to get out of town and disappear.

     Based upon the photographs recovered from Toth's camera, a federal prosecutor charged him with producing and possessing child pornography. This made Toth a fugitive from the law.

     A month after the Beauvior principal kicked Toth out of Beauvior Elementary, a car that had been rented under the name Jay Kellor turned up at the Minneapolis-St. Paul Airport.  Inside the Honda, FBI agents found child pornography linked to Toth's tenure as a boy's camp counselor in Wisconsin.

     In the rented vehicle, agents also discovered a suicide note signed by Toth. According to the handwritten document, the authorities would find his body on the bottom of a nearby lake. A search of that lake failed to turn up Toth's remains. The FBI considered the suicide note a fake, a ploy to throw agents off his trail.

     Toth, going by the name David Bussone, showed up in January 2009 at the Lodestar Day Rescue Center in Phoenix, Arizona. Toth volunteered to help homeless man complete their 12-step alcohol and drug addiction treatments. He told his colleagues at the rescue center that he had been an educator at an elite east coast school, and that the experience had turned him against wealth and the materialistic lifestyle. He said he had taken a five-year oath of poverty, and had re-dedicated his life to helping the downtrodden.

     In the meantime, FBI agents across the country were still searching for Toth. The federal manhunt received a boost when the Toth case appeared on the television show, "America's Most Wanted." One of the homeless men at Lodestar saw the segment and recognized David Bussone as Eric Toth. The next day, realizing that he had been identified, the fugitive pedophile disappeared again.

     In July 2009, under a another pseudonym supported by stolen identification documents, Toth turned up at a hippie commune in Austin, Texas. One of the members of the community found Toth a job at an Austin computer repair shop called P.C. Guru. Toth worked at the store two and a half years during which time he tutored grade school boys for free. He also gave the mother of two of his students financial aid.

     The FBI, on April 10, 2012, replaced Osama bin Laden on the Bureau's Top Ten Most Wanted List with Eric Toth. In October of that year Toth used a fake passport, under the name Robert Shaw Walker, to flee to Nicaragua. He took up residence in a house in Esteli, a town 90 miles north of the capital, Managua. Toth told people he met that he had come to Nicaragua to write a book.

     On April 18, 2013, while attending a social function, Toth ran into an American tourist who recognized him. Two days later, Nicaraguan police officers surrounded his house in Esteli. Following the arrest, officers found 1,100 images of child pornography Toth had downloaded from the Internet onto his personal computer.

     Four days after his capture in Nicaragua, Toth was back in Washington, D.C. sitting in jail awaiting his trial.

     On December 13, 2013, Toth pleaded guilty before a federal judge to three counts of child pornography and two counts of identify theft. He faced up to 30 years in prison.

     On March 11, 2014, the judge sentenced the 32-year-old pedophile to 25 years in federal prison. At his sentencing Toth said, "I don't pretend that anything I could say here today would ever make up for what I did. Everything the prosecutor said about me is true."
   

from http://jimfishertruecrime.blogspot.com/

Father Jerold Lindner: Is Assaulting the Priest Who Molested You a Crime?

     More than 16,000 Americans have been known to have been sexually molested by Catholic clerics. These victims represent the tip of the iceberg of pedophilia in the Catholic Church. According to a study conducted by researchers at Joh…

     More than 16,000 Americans have been known to have been sexually molested by Catholic clerics. These victims represent the tip of the iceberg of pedophilia in the Catholic Church. According to a study conducted by researchers at John Jay College in New York City, between 1950 and 2002, 4,392 Catholic priests have been accused of sexual abuse. What follows is the story of just one of the sexual predators protected by the church, and just one of his victims who took extreme measures to get revenge.

     Jerold Lindner, accepted into Jesuit training in June 1964, was, at 24, sent to the Sacred Heart novitiate in Los Gatos, California for two years of study. Six years later he was in San Francisco teaching English at St. Ignatius High School. In 1973, after sexually assaulting a number of boys at St. Ignatius, Lindner enrolled at the Jesuit School of Theology in Berkeley, California.

     In the summer of 1975, while still at the Berkeley theology school, Lindner, as a "spiritual advisor" for the lay organization Christian Family Movement, accompanied a group of young boys on a church-sponsored camping trip to the Santa Cruz Mountains. During that weekend Lindner shared a tent with 7-year-old William Lynch and his 4-year-old brother Buddy. The spiritual advisor sodomized both boys, forced them to give him oral sex, then threatened to kill their sister if they told anyone what he had done to them. Lindner also promised the boys an eternity in hell if they squealed.

     By 1976, the year the 36-year-old was ordained as a Jesuit priest, Father Jerry, as he was called, had molested dozens of boys. That year Father Jerry returned to St. Ignatius High School where he continued his career as an English teacher and a practicing pedophile. In 1982, the Catholic Church transferred Father Lindner to Loyola High School, a private prep school near downtown Los Angeles. Ten years later, while teaching at Loyola and molesting more of his students, Lindner's mother, aware that her son was a pedophile, spoke to Father Jerry's supervisor at his order--the Society of Jesus--and told him that Lindner had been a child molester long before he entered Jesuit training in 1964. Mrs. Lindner informed the supervising priest that her son had molested several members of his family, including a younger sibling.

     In response to accusations of child molestation by the priest's own mother, the Jesuits took Father Lindner out of the classroom and sent him to a psychiatric facility for evaluation. Whatever the results of that psychiatric analysis, the Jesuit brass declared that Mrs. Lindner's allegations were not credible, and sent their pedophile teacher back into the classroom where he could continue preying on vulnerable victims. (This would not be the first time the Jesuits would have Father Jerry psychiatrically tested, then declared suitable for classroom work.)

     In 1995, twenty years after the weekend of sexual abuse in the spiritual advisor's tent on the Santa Cruz Mountain camping trip, William Lynch's younger brother, for the first time since their ordeal, revealed their secret. (He had been sworn to secret by William.) He told his parents what happened to them in Father Lindner's tent. Two years later, the Lynch brothers sued Lindner and the Society of Jesus. (Criminal prosecution, because of the statute of limitations, was no longer an option. The 6-year-stautue of limitations in California had protected Lindner from being criminally charged by dozens of his victims.) To avoid an embarrassing and revealing civil trial, the Jesuits settled the lawsuit for $625,000. (After legal costs, William and his brother ended up with $187,000 a piece.) Following the settlement, the Society of Jesus removed the 58-year-old priest from active ministry. But Lindner still had access to children, and the complaints kept rolling in.

     In September 2002, the Jesuits at the Society of Jesus sent Father Lindner to a Catholic retirement home and medical center for priests in Los Gatos called the Scared Heart Jesuit Center. Several of the priests in this place had been sent there because they were known pedophiles. Father Lindner was one of the residents placed on the institution's child molester register. However, he still had access to young people, and continued to offend.

     It was not surprising, that in a facility where pedophiles are housed, there was a sex scandal. In 2002, it came to light that two developmentally disabled men who lived at the Sacred Heart Jesuit Center for 30 years had been regularly molested by priests they considered their friends. Two years after the scandal broke, a priest at the Los Gatos facility committed suicide after being raped by a gang of Jesuits. The order avoided an even bigger scandal by paying off several civil suit plaintiffs with million dollar settlement.

     William Lynch, the man Father Lindner had molested and traumatized as a 7-year-old in 1975, had not gotten over his ordeal. As a fourth grader in Los Altos, California, Lynch started smoking marijuana. By the seventh grade he was dealing in pot, and drinking heavily. At age 15, Lynch tried to kill himself by slashing his wrists, and as a adult, the victim of Father Lindner's sexual assault suffered severe depression. In his thirties, Lynch once again attempted suicide. Aware that the man who had ruined his life back in 1975 continued to abuse children under the protection of the church, Lynch could barely control his frustration and rage. By 2010, at age 42, Lynch decided to turn the tables on Father Jerry by becoming the predator.

     On May 10, 2010, William Lynch used a false name and the pretense of notifying Father Lindner of a death in the priest's family, to meet with him in the guest parlor at Sacred Heart Jesuit Center in Los Gatos. When the two men came face-to-face after all of these years, Lynch told the 65-year-old to take off his glasses. As he punched the priest in the head and body, Lynch asked him, "Do you recognize me?" After the beating which included several attempts to kick Lindner in the groin, Lynch said, "Turn yourself in or I'll come back and kill you."

     After the attack, William Lynch made no attempt to conceal what he had done. The Santa Clara County prosecutor had no choice but to charge him with one count of assault, and one count of elder abuse. If convicted of both felonies, Lynch faced up to four years in prison.

     After turning down a plea bargain in which he would serve no more than a year in jail, Lynch told reporters that "I want to take responsibility for what I've done. I don't think I'm above the law like the church and Father Jerry." Lynch said he looked forward to a trial in which the pedophile priest would be publicly exposed for what he was.

     William Lynch's assault trial got under way on Wednesday, June 20, 2012 in the Santa Clara County Superior Court in San Jose. Prosecutor Vicki Genetti, in her opening statement to the jury of 9 men and 3 women, said she was prosecuting this defendant under the assumption that Father Jerold Lindner, the victim in the assault case, had in fact sexually molested Lindner and his brother back in 1975. And in an even more unusual remark for a prosecutor to make about one of her own witnesses, Genetti warned jurors that Father Lindner, in denying the allegations, would be not be telling the truth. The prosecutor labeled the assault in this case a "revenge attack." Defendant Lynch, Genetti said, had acted like a "vigilante."

     On the first day of the trial, following the opening statements, Genetti put the prosecution's chief witness, Father Jerold Lindner, on the stand. As expected, the 67-year-old priest, overweight and wearing old-fashioned horn-rimmed glasses, denied sexually molesting the defendant and his brother. The witness said he had done nothing in 1975 to justify his beating at the hands of Mr. Lynch.

     After the jurors were dismissed for the day, William Lynch's attorney, Pat Harris, said this to Judge David A. Cena: "He [Father Lindner] has chosen to perjure himself. He should be advised of his right to counsel." The judge said he would take the request under advisement.

     The next day, before the defense attorney's cross-examination of Lindner, the priest took the Fifth, and refused to testify further. At this point attorney Harris moved for a mistrial on the grounds he had been denied his right to question his client's accuser. Judge Cena denied the motion, and the trial continued. Judge Cena also ruled that the jury would not hear from three witnesses prepared to testify that as children, they too had been molested by Jerold Lindner. The judge ordered the jury to disregard Lindner's testimony altogether.

     The next day, prosecutor Genetti put a Sacred Heart Jesuit Center health care worker on the stand who had witnessed the assault. Mary Eden testified that she heard William Lynch scream that Lindner had raped him and his brother, and had ruined their lives. When it came time for the defense to present its case, William Lynch took the stand, and in great detail, told the jurors what the priest had done to him and his brother, and how the sexual assaults had affected their lives. According to the defendant, when he went to the Sacred Heart Jesuit Center that day, his intention was to get Lindner to take responsibility for what he had done by signing a written confession. When Lindner refused, and looked as though he might become aggressive, Lynch resorted to violence. (With this testimony, the defense was giving the jurors an opportunity, an excuse if you will, to nullify the evidence, and find Lynch not guilty.)

     Following William Lynch's compelling testimony, the defense rested its case. Prosecutor Genetti, in her closing remarks to the jury, said that what Lindner had done to the defendant and his brother 37 years ago did not legally justify the assault. The prosecutor also accused the defense of encouraging the jurors to return a "nullified" verdict, one that ignored the evidence against the defendant.

     On Thursday, July 5, the jury, in this difficult and unusal case, found William Lynch not guilty of felony assault and elder abuse. By this verdict, the jury sent a clear message to priests who get away with molesting boys. If as adults their victims hunt them down and beat them up, tough luck.   

from http://jimfishertruecrime.blogspot.com/

Football Coach Philip Foglietta and the Poly Prep Cover-Up

     The Poly Prep Country Day School is an elite, nursery to 12th grade private boy’s academy located on two campuses in Brooklyn, New York. Poly Prep’s middle and high school buildings are located in the Dyker Heights section of Brookl…

     The Poly Prep Country Day School is an elite, nursery to 12th grade private boy's academy located on two campuses in Brooklyn, New York. Poly Prep's middle and high school buildings are located in the Dyker Heights section of Brooklyn while the lower grades are on the Park Slope campus. As is often the case in schools where the sports program plays an important if not vital role in the institution, faculty member and renowned football coach Philip Foglietta enjoyed icon status during the years 1966 to 1991.

     In 1966, Coach Foglietta's first year at Poly Prep, a male student accused him of sexual molestation. A school administrator informed the boy's parents that an internal investigation revealed the accusation to be false. Moreover, if this student continued to make slanderous claims of this nature, the boy would face "severe consequences." The administration's handling of this case not only silenced the accuser, it became the school's future modus operandi in such matters.

     After 25 years as Poly Prep's most successful football coach, Foglietta unexpectedly retired in 1991. In honor of his legendary coaching career and important contributions to the institution, the school hosted a gala celebration held at the Manhattan Athletic Club. Members of the Poly Prep community, and the public at large, were not told of the real reason behind the coach's "retirement." He had been forced to quit as a result of accusations of "sexual misconduct."

     Following Coach Foglietta's death in 1998, Poly Prep established a memorial fund and solicited donations in his name. Four years later, in a letter to all alumni, the Poly Prep administration revealed that for years Coach Foglietta had been suspected of sexually abusing his students. According to this 2002 letter, administrators had "recently received credible allegations that sexual abuse had occurred at Poly Prep more than 20 years ago by a faculty member/coach who is now deceased." Everyone familiar with the school knew that coach was Philip Foglietta. The author of this revealing letter promised a thorough internal investigation of the accusations. (If the school actually conducted such an inquiry, no report of it surfaced. Moreover there was no indication that these "credible" accusations were ever passed on to the police.)

     In 2004, a Poly Prep alumnus named John Paggioli, alleging that as a student he had been sexually molested by Coach Foglietta, filed a lawsuit against the school. A year later, a judge, citing New York State's statute of limitations on such claims, dismissed the action. (In New York, a sexual abuse claimant must file suit within five years of his or her eighteenth birthday.)

     On October 26, 2009, twelve Poly Prep alumni, claiming sexual abuse by Coach Philip Foglietta, filed a Racketeer Influenced and Corrupt Organizations Act (RICO) suit against the school in the Brooklyn District Federal Court. The plaintiffs alleged a 40-year criminal conspiracy to quash and cover-up student complains of sexual abuse allegedly committed by Poly Prep's greatest football coach.

     According to court documents, current and former Poly Prep headmasters knew that Coach Foglietta had sexually abused "dozens if not hundreds of boys." The plaintiffs alleged "Poly Prep administrators had...knowledge of Foglietta's sexual abuse of numerous boys at or near the school, but condoned and facilitated Foglietta's criminal behavior because he was a highly successful football coach and instrumental in raising substantial revenue for the school."

     In filing a RICO action, a technique the FBI used to cripple the Mafia, the Poly Prep plaintiffs were using this federal law as a way around the statute of limitations. These lawyers were asking the court to consider a sexual abuse defendant's repeated misrepresentations and deceitful conduct as a legal justification to override the application of the statute of limitations. These attorneys were attempting to create a legal exception to the doctrine that bars legal relief in older cases.  

     On August 28, 2012, in a 40-page decision, Judge Frederic Block of the Brooklyn District Federal Court, allowed two of the twelve plaintiffs to go forward with their RICO claims against current and former Poly Prep administrators. If these plaintiffs prevailed under the RICO statute, other institutions like universities and churches could be faced with a flood of sexual abuse lawsuits previously blocked by statutes of limitations. For this reason future sexual abuse plaintiffs and their potential defendants were closely following the the Poly Prep RICO suit.

     On December 26, 2012, the school settled the landmark lawsuit out of court. As a result, there would be no legal precedent for other victims in old cases. In February 2014, the school issued a formal apology to all of the students sexually abused by the iconic coach and serial child molester. 

from http://jimfishertruecrime.blogspot.com/

The Growing Danger of Child Sex Dolls

A flourishing transnational industry that markets anatomically correct toys and robots currently operates with little official vigilance. Two John Jay College professors warn that U.S. legislators are ignoring a trade that encourages pedophile behavior.

Last October, Miguel Ruiz, a 41-year-old Florida resident who worked for Disney World in Orlando, was arrested after a police search of his home found child pornography, and revealed that he had created life-size child “dolls” in the size and stature of children by fashioning them out of swimming or pool noodles (i.e. buoyant foam tubes)—even dressing them in children’s clothes.

Ruiz was not arrested for the possession of these dolls but for his possession of the child pornography.

That illustrates a worrying gap in U.S. law. Under existing law, life-like child sex dolls are not considered a form of child pornography, making it difficult to successfully prosecute those who produce, distribute, receive, and possess with the intent to distribute child sex dolls and child sex robots.

The arrest of Ruiz highlighted a shadowy industry that is increasingly transnational.

Companies in Japan, China and Hong Kong are manufacturing and shipping these realistic child sex dolls to customers around the globe. Buyers can even custom-order child sex dolls with predesigned facial features and expressions. They can request certain facial expressions, such as happy, sad or afraid.

Even more disconcerting, they can request dolls to resemble children in provided photographs. The ultimate goal of manufacturers is to make the child sex dolls look and feel as realistic as possible.

Such dolls that have been confiscated at the borders in other countries—the United Kingdom, Australia, New Zealand, and Canada, to name a few—that contain anatomically correct body parts and orifices (mouth, vagina, and anus) which can be used to accommodate an adult male penis.

They are far from toys.

Although not yet reported in the media, there’s a strong likelihood that child sex dolls and robots capable of moving, speaking, and performing sexual activities have already been—or are close to being—created. Adult sex dolls with these capabilities are already on the market (and sold all over the world).

Specifically, adult sex robots can both move and speak, and can be positioned for the user to perform a variety of sex acts on them. These robots have artificial intelligence and have programmable personalities; for example, one programmable personality for an adult sex robot by True Companion is “Frigid Farrah,” which rejects all sexual advances, thus encouraging the user to rape the robot.

Given that child sex dolls and robots are of a smaller weight and size, it is likely that development with these enhanced capabilities is further along in the child versions than in the adult sex dolls and robots.

While real children are not involved in the sex acts performed by owners of these child sex dolls and robots, their use still causes harm.

One Wales-based organization, the Specialist Treatment Organization for the Prevention of Sexual Offending (StopSO) argues that such adult toys have potential therapeutic effects by deterring offending by pedophiles. Similar claims by the self-identified pedophilic child sex-doll manufacturer, Shin Takagi, maintain that child sex dolls and robots are an alternative to offending and minimize the risk of harm to children in our society

Scientific evidence contradicts these claims as nonsensical and irrational.

Enabling offenders to act upon their impulses to rape and abuse an anthropomorphic child sex doll or robot simply reinforces, rather than reduces, these urges, associated thoughts and behaviors. Committing sex acts on child sex dolls and robots normalizes sexual assault; it does not supplant or inhibit it.

Moreover, as with most child pornography, the user becomes desensitized and will need a higher level to reach gratification. Once the child sex dolls become insufficient to satisfy the pedophile’s urges, he or she s likely to seek out children in order to once again receive the same amount of satiety.

It is imperative that child sex dolls and robots be banned outright by U.S. law. This would require the creation of a new law to criminalize the production, distribution, receipt, possession, and possession with the intent to distribute child sex dolls and robots.

The introduction of a bill Curbing Realistic Exploitative Electronic Pedophilic Robots (CREEPER) in December 2017 by Republican Daniel Donovan Jr. is a step in the right direction.

Lauren Shapiro

Lauren R. Shapiro

However, the bill only prohibits the distribution and importation of child sex dolls. Child sex robots should also be criminalized. Legislation is also needed to criminalize the manufacture and possession of both child sex dolls and child sex robots.

Marie-Helen Maras

Marie-Helen Maras

 

Without these additional prohibitions, criminals will find ways to evade criminal sanction by, for example, creating these child sex dolls and child sex robots themselves (for example, using a 3D printer).

(Readers seeking more information can contact the authors for access to their recent article, entitled “Child Sex Dolls and Robots: More Than Just an Uncanny Valley,” in the Journal of Internet Law (December 2017 issue), which reviews the scientific literature and illustrates the dangers and adverse impacts of child sex dolls and robots.)

Marie Helen Maras, Ph.D., is an associate professor at John Jay College of Criminal Justice. Lauren R. Shapiro, Ph.D., is an associate professor at John Jay College of Criminal Justice. Readers’ comments are welcomed.

from https://thecrimereport.org

The Andrew Nisbet Murder-For-Hire Case

     In 2006, 24-year-old Andrew Michael Nisbet began working as a golf instructor at the Las Positas Country Club in Livermore, California, a suburban community 45 miles east of San Francisco. He quickly became a popular and well-known …

     In 2006, 24-year-old Andrew Michael Nisbet began working as a golf instructor at the Las Positas Country Club in Livermore, California, a suburban community 45 miles east of San Francisco. He quickly became a popular and well-known golf coach. Within a few years Nisbet was promoted to Director of Instruction. During this period he not only trained young golfers in the bay area, he taught students in Michigan, North Carolina, Mississippi, and Alabama.

     On December 7, 2013, the day before Nisbet was to receive the PGA's Northern California Section 2013 Junior Golf Leader Award, police officers showed up at the country club and took him into custody. An Alameda County prosecutor had charged Nisbet with 65 counts of child molestation that included lewd acts and oral sex with three of his former golf students during the period 2009 to 2012. The boys were between the ages twelve and sixteen.

     The alleged sex offenses took place in Nisbet's parked car at the country club, at his home, and on out-of-town golfing trips. According to the criminal complaints, the coach bought his victims expensive golf equipment, took them to restaurants, and showed them pornography on his computer. Whenever one of the boys rebuffed his advances, the gifts and other perks would stop.

     Following his arrest, Nisbet reportedly confessed to the commission of lewd acts. He was booked into the Santa Rita Jail in Dublin, California. The judge denied him bond.

     In late February 2014, from his jail cell, Nisbet began exchanging letters with a man Nisbet hoped would murder his three accusers. In the correspondence, Nisbet and the potential hit man discussed how much it would cost to kill the three murder-for-hire targets. He said he wanted them "taken care of."

     The solicited trigger man took Nisbet's letters to the Alameda County Sheriff's Office. Shortly thereafter, a undercover officer posing as a hit man, visited Nisbet at the Santa Rita Jail. During these tape recorded conversations, Nisbet provided the undercover cop with personal information about the targets of his homicidal wrath. The phony hit man told Nisbet he would make the murders look like robberies gone wrong.

     In April 2014, the Alameda District Attorney's Office charged the 32-year-old golf coach with three counts of solicitation of murder.

     In September 2014, Andrew Nisbet pleaded guilty to three counts of solicitation of murder. A month later, an Alameda County judge sentenced him to 27 years in prison.

     Parents of the victims expressed dismay and disgust at the leniency of Nisbet's sentence. "This is a sick man who should never be released," wrote one of the parents.

     Andrew Nisbet wasn't sick, he was a criminal sociopath with a good golf swing. In his case, the death penalty would have been appropriate.

from http://jimfishertruecrime.blogspot.com/

Pedophile Teachers in California

     On January 30, 2012, Los Angeles County sheriff’s deputies arrested 61-year-old elementary teacher Mark Berndt on 23 counts of lewd acts against minors. The third grade teacher at the Miramonte Elementary School in Florence Fireston…

     On January 30, 2012, Los Angeles County sheriff's deputies arrested 61-year-old elementary teacher Mark Berndt on 23 counts of lewd acts against minors. The third grade teacher at the Miramonte Elementary School in Florence Firestone, an unincorporated community in Los Angeles County, stood accused of photographing 6 to 10-year olds in bondage positions, some with live bugs crawling on their faces. A few of the girls were shown holding spoons containing a white liquid up to their mouths. Children were also pictured about to eat cookies topped with the teacher's semen.

     Because of the influence of the California Teachers Association (CTA) and other education unions in the state, school administrators couldn't fire anyone, including teachers like Mark Berndt. In the Miramonte school, because parents were so outraged, and held protests, school administrators managed to get Berndt out of the classroom by paying him $40,000 to retire. That's how bad it was in the Golden State where it was truly golden for pedophiles working in the state's education system. (You can see why in California the firing of a merely incompetent teacher was unheard of. The unions simply did not allow the firing of crappy teachers. Teachers so rotten they managed to get dismissed from their jobs in other states could always find a home in the California system. The pay was outstanding, benefits were out of this world, and it didn't matter if the teacher was no good. And for pedophiles, California's classrooms were heaven on earth.)

     In 2012, in the wake of the Miramonte school scandal (Berndt wasn't the only pedophile working there), a group called Democrats for Educational Reform, introduced legislation in the state senate (S.B. 1530), that made it easier to dismiss teachers accused of sex, violence, or drug offenses against children. That bill, with vast public support, passed the Senate on a 33-4 bipartisan vote.

     In the California Assembly, when the Senate-passed legislation came before the Assembly Education Committee, committee members, by refusing to vote on the bill, killed the proposed law in committee. (These politicians didn't have the courage to vote "no.") That meant the bill did not reach the Assembly floor for a vote. If it had, it would have passed by a wide majority.)

     The committee members who killed this child protection legislation had bowed to the state's powerful teacher's unions, including the CTA. All of the state politicians who killed the bill through their abstentions, had been beneficiaries of large CTA political contributions. The fact that the CTA could stop legislation favored by a vast majority of California voters showed who was really running the show in that state. Democracy be damned. Moreover, the undermining of this needed legislation revealed what most citizens of the state already knew--that in California it was unions first, teachers second, and students, parents, and education third--and a bad third at that. It was no wonder the state had one of the worst public education systems in the country. For a sexually perverted school teacher, except perhaps for West Virginia, there was no friendlier place to work and abuse children than California.

     In California, the CTA, backed by an army of 325,000 teachers, and plenty of money to bribe and control state politicians, was in reality the fourth branch of government. As the biggest political spender in the state, its influence dwarfed other special interest groups. From 2000 through 2009, the CTA alone shelled out more than $211 million in political contributions and lobbying expenses. That was twice the amount given to politicians by the second largest bribery machine, the Service Employees International Union (SEIU). Since 2009, the CTA had pumped another $40 million into the state's political community. The union also played a major role in putting Governor Jerry Brown into office. So the teacher's unions owned him as well.)

     The fact that teacher's unions in California and other states were destroying the quality of public education in the country was bad enough. Even worse, they were enabling and protecting classroom child abusers. If school administrators couldn't protect students from the likes of Mark Berndt, California classrooms were not safe for children. This was as good a reason as any for home schooling or moving to a state where educating  students had a higher priority than protecting teachers from being fired for cause.

      As for Mark Berndt himself, he pleaded no contest in November 2013 to 23 counts of lewd acts on children. The judge sentenced him to 25 years in prison. A year later, the Los Angeles United School District agreed to pay out $170 million in court settlements related to the Berndt pedophilia case. The settlement involved more than a hundred students.

     If all the zookeepers in the state of California belonged to the CTA, the animals would be starving in their cages while their custodians sat around gorging themselves, complaining about their jobs, and threatening to strike.          

from http://jimfishertruecrime.blogspot.com/