John Salveson didn’t give up his obsession with the Catholic Church easily. There were polite letters in the early 1980s, asking that the priest who molested him when he was a teenager be removed.
His bishop wrote back, but the priest remained, transferring parishes through the late ’80s, according to a grand jury report. “Sincerely yours in Christ,” the bishop closed his letters.
Later, Salveson led a group that advocated for church reform. But by the mid-2000s, he had grown discouraged and shifted his focus to pushing for stronger laws and enforcement.
Prompted by Pope Francis’s trip to Philadelphia this fall, Salveson has renewed his activism toward the church, calling for the pontiff and other participants in a global Catholic meeting on family issues to discuss child sex abuse by clergy members and wear black ribbons to represent “the darkness that infects the souls of survivors,” he said.
The official itinerary for Francis’s U.S. trip includes no mention of the topic, although some experts think the pontiff will address it in an impromptu way, as Pope Benedict did during his last trip to the United States, in 2008.
John Salveson is pictured in an undated photo. (Family photo)
The visit is reason for celebration among those who consider Francis the first pope to begin restoring the Catholic Church’s moral authority after sex abuse scandals, which led many American Catholics to fall away from their faith. But it is painful for many others who think Francis and the church have not done enough to reach out to victims or punish those who oversaw abusers.
Advocates point out that the pope has held no bishop explicitly accountable — allowing a few to instead quietly resign. And church officials continue to spend millions fighting litigation.
Most sex abuse survivors have never received an apology from their church leaders, advocates say. They are unable to seek relief in criminal or civil courts because of statutes of limitation and are left with deep scars that can make it challenging to hold a job or have an intimate relationship. The vast majority of survivors have left the Catholic Church, experts say, and to see it celebrated regularly in the media can be painful.
Arthur Baselice, a retired Philadelphia police detective whose son died of a drug overdose a decade ago after years of clergy abuse, is angry about the pope’s efforts for survivors.
“He’s creating a diversion. All he does is talk. . . . You think this guy ever worked a day in his life? How could he have empathy for people like us?” Baselice said. Then he began to cry.
Others think Francis’s actions demonstrate his intent to make lasting changes.
“I think he’s a rock star,” said Andy Druding, 54, a survivor from Philadelphia who said he is unable to work because of post-traumatic stress and depression. “He really seems to be someone who genuinely seems to want to get to the bottom of this and stop it.”
Victims of sex abuse who praise Francis note that the pontiff has taken concrete steps, including embracing six survivors during a Mass in 2013.
“I beg your forgiveness, too, for the sins of omission on the part of church leaders who did not respond adequately to reports of abuse made by family members, as well as by abuse victims themselves,” he said. “This led to even greater suffering on the part of those who were abused, and it endangered other minors who were at risk.”
Later that year, Francis created a high-level commission charged with making recommendations on how to prevent abuse, help victims and punish church officials responsible.
Another highly praised move came in June when Francis followed the commission’s recommendation to create a Vatican tribunal that eventually will be able to try and penalize bishops who cover up abuse. A system was in place to punish abusers, but until now, there has been no process for the bishops who oversaw them.
But five days after announcing the tribunal, the Vatican allowed two Minnesota bishops caught up in a criminal sex abuse case to resign without comment. It is unclear whether the two will face the future tribunal. Prosecutors had charged the archdiocese — not the bishops — with mishandling abuse cases.
Members of the papal commission — which includes two survivors and prominent Boston Cardinal Sean O’Malley — have been outspoken in their criticism of the church in various cases.
“Pope Francis has brought a little more hope that the church is changing. But on the other hand, there’s an enormous amount of things that are not changing and that survivors see,” said Marie Collins, an Irish abuse survivor who sits on the commission.
Philadelphia, where the pope will participate in the World Meeting of Families, is home to the only U.S. church official ever charged with covering up abuse. Monsignor William Lynn was convicted in 2012, following two unusual grand jury reports accusing three consecutive archbishops of protecting abusers.
Salveson said he’d like to tune out the news about the upcoming papal visit, but as a prominent executive headhunter who sits on high-level boards, he is in regular contact with those involved with the trip. People often ask him his view of Francis.
Following Salveson’s letter to him about the abuse, John McGann, his bishop on New York’s Long Island, spoke to Salveson’s alleged abuser, the Rev. Robert Huneke, according to letters McGann shared with Salveson. In one such letter to McGann, the priest apologizes, saying, “I deeply regret the incidents and am truly sorry for any harm caused. I have undergone counseling as well as spiritual direction and will continue both and feel there will be no recurrence of such incidents.” Huneke died in 2002.
In 2003, Salveson was among 23 men who alleged in a $100 million lawsuit against the Rockville Centre Diocese that they were abused — they named 15 priests — and that the diocese in Suffolk County covered it up. The lawsuit came a few months after a Suffolk County grand jury report cited abuse cases involving 23 priests whom the report said the diocese transferred around in an effort to bury details of the abuse. Prosecutors told the Associated Press at the time that they were prevented from pursuing criminal charges against the diocese because of statutes of limitation, and civil lawsuits were dismissed for the same reason.
In a story he has recounted many times, Salveson described being a 13-year-old Catholic school student on Long Island when he first encountered Huneke, a young priest who had just arrived at the parish. The priest took to Salveson and invited him on a road trip. One night, Salveson said, the priest crawled into his bed and performed oral sex on him.
After the incident, Salveson became, in effect, two teenagers, he said: one who was a confident and high-functioning student, and a second who lived in terror of Huneke while also seeking his approval. When Salveson tried to stop the involvement, he said, Huneke either lambasted him as ungrateful or cried and begged for it to continue.
Huneke eventually followed Salveson to college to pursue his own academic work, and the relationship continued until Salveson was 20 and broke things off with the priest.
In 1978, Salveson moved to Philadelphia, where he struggled with a serious drinking problem and depression. In the early 1980s, after he realized in therapy that he’d been a victim of sexual abuse, he contacted McGann out of concern that Huneke was abusing others. McGann thanked Salveson for raising “the matter” and said Huneke had “overcome the situation” and was thriving as a priest.
McGann died in 2002, a year before the grand jury report was released. Spokespeople for the Rockville Centre Diocese did not comment after repeated requests.
Huneke was transferred to different parishes, and the grand jury report found that there were other victims, including during the two-year period after Salveson’s initial complaint. Huneke left the priesthood about 1989, according to media reports.
“I really could not believe the bishops wouldn’t do something about this guy, and at a minimum tell people they had this problem in their parish,” Salveson said.
In 2006, Salveson founded the Foundation to Abolish Child Sex Abuse, which advocates for longer criminal statutes of limitations and expanded civil windows for victims to sue.
“I thought it was my job to change the church. And what I learned from 1980 until today is that it is not a moral issue [for the church], it is a risk-management issue,” he said.
In an op-ed in the Philadelphia Inquirer last month, Salveson said he was again spotlighting the Catholic Church because he doesn’t think the problem has been solved. Today, he wrote, there is a pope “who holds such promise and generates such hope.”
Although new allegations against Catholic clergy members are less frequent, there are major exceptions. Earlier this month, Minnesota media reported that more than 400 claims of child sex abuse are being made against the Archdiocese of St. Paul and Minneapolis. The claims are coming because of a landmark 2013 state law that lifted the statute of limitations for three years.
Monsignor Stephen Rossetti, a psychologist who advises dioceses worldwide on child protection, said the pope is making what insiders consider dramatic bureaucratic changes that will show impact after Francis is gone. But in the meantime, he said, the issue is what message is being sent.
“The image from some people can be cold and uncaring and not listening,” Rossetti said.
Druding, the survivor from Philadelphia, said he was raped as a boy after choir practice. In two recent e-mails with the archdiocese’s victim assistance coordinator, he asked if he could meet with Archbishop Charles Chaput about the abuse, and with the pope during his visit.
In the e-mails, the victim assistance coordinator tells Druding that he can’t meet with Chaput until the archdiocese’s internal investigation of the allegations ends. As far as the pope goes, the coordinator wrote in a July 17 e-mail, “at this time, there is no meeting planned with any other groups or people. I hope you are enjoying the summer.” (A spokesman for the Philadelphia Archdiocese said it can’t comment on internal communications.)
Druding, who sounds thrilled about Francis’s trip, said he hasn’t given up hope of seeing him. The pope plans to visit inmates in a prison that is around the corner from his house.
“Maybe I’ll go over and there and wave,” he says. “If they let you get close.”
http://sol-reform.com/News/wp-content/uploads/2016/04/Hamilton-Logo.jpg00SOL Reformhttp://sol-reform.com/News/wp-content/uploads/2016/04/Hamilton-Logo.jpgSOL Reform2015-08-15 00:25:132015-08-15 00:25:13Michelle Boorstein, Activists urge Pope Francis to address sex abuse by clergy during U.S. visit, Washington Post
Come out in support of Fred and all of Jersey’s survivors
Fred Marigliano
100 Edgewood Avenue Green Brook, NJ 08812
Email: fredmarigliano@optimum.net
Phone 732.421.0033 Cell 732.752.4242 Office 732.752.5559 Home
www.walktoendsolnj.weebly.com
Dear Family, Friends and Associates;
Many of you already know my work with Road To Recovery has been a passion of mine for the last 10 years. Road To Recovery is making huge advances in bringing attention to the issue of child sexual abuse in America through providing direct and indirect services to abuse victims.
The statistics are startling, 1 in 4 girls and 1 in 6 boys will be sexually abused before the age of 18. Those numbers add up to 60 million Americans that are effected and only 10% will share their stories. Many victims suffer from post-traumatic stress disorders, drug and alcohol abuse, eating disorders and suicidal thoughts and actions.
We have taken the challenge to abolish the statute of limitations in NJ through lobbying in our local, county and state governments to pass bills S868 and A3664. I know many of you have supported this effort by writing your Senators and Assemblymen and women and or called to speak to them personally and for that we are grateful.
I am writing today to share with you our upcoming walk to end SOL. Starting on Friday, September 11, 2015 we will be walking across NJ, passing by the offices of our NJ Senators and Assemblymen and women to bring attention to the bills. The walk should conclude, depending on weather and other unforeseen happenings, around September 25th or 26th. We need your support.
By simply walking with us, for a block, for a mile, for a day or a week you will help. Meeting us at the beginning of the day or at the conclusion to show your support. You can download the route at our website www.walktoendsolnj.weebly.com or look for our daily starting places. For more information, please call me at the number noted above.
If you can share a donation, even the smallest amount will help please send a check to Road To Recovery, Inc. PO Box 279 Livingston, NJ 07039 and write in the memo Abolish SOL Walk. R2R is a non-profit 501 (c) (3) charity and your tax deductible donation will be used to support compassionate counseling, financial assistance, legal counsel and support of those in need of recovery from sexual abuse.
Thank you for your continued support and I look forward to seeing on the Walk to End SOL NJ.
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Beginning in the 1910s, the Boy Scouts of America (“BSA”) began tracking pedophiles who operated in Scouting, creating what they named “the Perversion files”—internal secret files shared with no one that document the problem of sexual abuse in Scouting and the Boy Scouts’ response. Over the years the Boy Scouts destroyed thousands of its Perversion files, but many were preserved and new files are created every year. At least thirty-nine Minnesota Perversion files from 1960-1991 have been made public through child sexual abuse lawsuits against the Boy Scouts. This blog is Part 6 in a six-part series examining the Boy Scouts’ Minnesota Perversion files.
Bernard Permar — International Falls, Minnesota (1978)
Bernard Permar was an adult volunteer in Cub Scout Pack 151 in International Falls. Scouting officials discovered that he had been convicted of felony child molestation committed in Baudette.
Gerhard Voll — St. Paul Area, Minnesota (1979)
In 1979, Gerhard Voll was banned from Scouting and Troop 164 after he was investigated and criminally charged based on allegations that he had molested several children in the St. Paul area.
Dale Lawrence Astleford — Bloomington, Minnesota (1984)
In January of 1982, Dale Lawrence Astleford was arrested in connection with his sexual abuse of an 11- and 13-year-old boy over several years. Police searching Astleford’s home discovered evidence of “a nationwide network for the distribution of [pornographic] photographs of boys” and that Astleford’s involvement in child pornography appeared to have been ongoing for ten years. Police recovered “as many as 250 to 300 pictures” of the 13-year-old victim. While news reports described Astleford as “active in the Boy Scouts” and once having “sponsored a Scout Explorer post,” local Scout officials appear to have downplayed Astleford’s involvement in Scouting. In one internal memoranda titled “Dale Astelford Incident” a Scout official noted that, “KSTP TV called . . . asked for Astleford’s involvement – I said he was not a registered Scouter. He asked for name of Post and members names which I refused to give him.” BSA headquarters completed Astleford’s Perversion file in March of 1984, two years after first receiving news reports of his arrest.
Robert Gilbert — Eagan, Minnesota (1984)
Robert Gilbert served as Scoutmaster of St. Paul Troop 593. In 1984, he was banned from Scouting after being convicted of two charges of 2nd degree sexual abuse.
Patrick Joseph Melbourne, Fred Dravis, Samuel Owen, Darrell Palank, Robert Gunter, and Michael Cain — Twin Cities Area, Minnesota (1987)
Patrick Joseph Melbourne’s Perversion file is an open and shut affair. In 1987, law enforcement contacted BSA officials to notify them that Melbourne had been convicted of sexually abusing a child in 1983. BSA then banned Melbourne from Hastings Cub Scout Pack 278 and Scouting in general. But like some other Perversion files, Melbourne’s file makes reference to several other Perversion files that may have been destroyed: “Fred Dravis: Accused of sexual abuse . . . appealed and registration reinstated by Executive Committee sub committee. Samuel Owen: Convicted of fourth degree sexual assault.Darrell Palank: Accused of sexual misconduct while at the Council’s Long Term Camp. Voluntarily Resigned. Robert Gunter: Convicted of indecent exposure. . . . Michael Cain: Convicted of sexual misconduct.
Kenneth John Bobrowske — Howard Lake, Minnesota (1987)
In August of 1986, local officials overseeing Scouting in Howard Lake, Minnesota notified BSA headquarters that adult volunteer Kenneth John Bobrowske of Troop 494 should be placed in the Perversion files following his arrest and prosecution related to child sexual abuse involving “8 to 10 victims.” In July of 1987, nearly a year after the initial report, BSA headquarters completed Bobrowske’s file.
Alfred Sufka — St. Cloud, Minnesota (1988)
In 1988, BSA headquarters banned Alfred Sufka—an adult volunteer in St. Cloud Cub Scout Pack 13—for sexual battery committed against an underage babysitter.
Richard “Butch” Carlson — Bayport, Minnesota (1988)
In 1988, BSA headquarters banned Richard “Butch” Carlson—an adult volunteer in Bayport Troop 113—for inappropriate sexualized behavior and “body contact.”
Donald Smeby — Crystal, Minnesota (1988)
In 1988, BSA headquarters opened a Perversion file on Donald Smeby—Assistant Scoutmaster in Crystal Troop 365—for “running around in the woods nude with youth members.”
Robert Messersmith — Brooklyn Center, Minnesota (1988)
In 1988, Robert Messersmith—an adult volunteer in Brooklyn Center-area Scouting—was banned by BSA for “[a]lleged sexual misconduct w/ children.” Newspaper reports of Messersmith’s arrest and prosecution described police seizing “four large albums” of child pornography, involving “at least nine” boys between the ages of 12 and 15, some of whom were Boy Scouts Messersmith had targeted through his work in Scouting. Much of the child pornography had been taken during “boating and camping trips around the state.”
Gary Poncin — Windom, Minnesota (1989)
Gary Poncin, Scoutmaster of Windom Troop 10, was asked to leave Scouting in 1989 after he was charged with criminal sexual conduct in the first degree. A handwritten note in his file states that, “There are also allegations involving a Scout and former Scout from several years ago[.]”
Arthur Campina — St. Cloud, Minnesota (1989)
Assistant Scoutmaster Arthur Campina of St. Cloud Troop 2 was banned from Scouting in 1989 for sexually abusing a physically and mentally disabled child.
Wesley Kruse — Duluth, Minnesota (1991)
In 1991, the BSA excluded Wesley Kruse—a Scoutmaster in Duluth Troop 45—for sexually abusing a child.
Kenneth Knoll — Elgin, Minnesota (1991)
In 1991, the BSA excluded Kenneth Knoll—an Assistant Scoutmaster in Elgin Troop 65—for sexually abusing a child.
Anonymous Perversion Files — Various locations, Minnesota (1992-2004)
According to a Los Angeles Times investigation, unreleased Minnesota Perversion files exist that are associated with the following years, cities, and Scouting groups:
1992
Bemidji
Minnesota
Troop 164
1992
Minnesota
Minnesota
Troop 30
1992
Sleepy Eye
Minnesota
Troop 99
1993
Blaine
Minnesota
Troop 552
1993
Coon Rapids
Minnesota
Pack 524
1993
Kenyon
Minnesota
Troop 232
1993
Oakdale
Minnesota
Troop 471
1993
St. Cloud
Minnesota
Pack 106
1993
St. Paul
Minnesota
Troop 100
1993
Winona
Minnesota
Troop 2
1993
Woodbury
Minnesota
Troop 71
1994
Blue Earth
Minnesota
Pack 33
1994
Elton Hills
Minnesota
Troop 98
1994
Elton Hills
Minnesota
Pack 298
1994
Minneapolis
Minnesota
Pack 70
1994
Waseca
Minnesota
Troop 85
1995
Brainerd
Minnesota
Troop 3046
1995
Faribault
Minnesota
Troop 307
1995
Minneapolis
Minnesota
Troop 196
1996
Forest Lake
Minnesota
Troop 732
1996
Hawley
Minnesota
Pack 656
1996
New Ulm
Minnesota
Troop 51
1996
New Ulm
Minnesota
Explorer 2444
1996
Rochester
Minnesota
Troop 120
1996
St. Paul
Minnesota
Troop 219
1997
Alexandria
Minnesota
Troop 416
1997
Fergu Falls
Minnesota
Pack 331
1997
Rushford
Minnesota
Troop 53
1997
Sabin
Minnesota
Troop 696
1997
St. Paul
Minnesota
Troop 115
1997
Winona
Minnesota
Troop 13
1998
Afton
Minnesota
Troop 226
1998
Alexandria
Minnesota
Troop 20
1998
Edina
Minnesota
Troop 68
1998
Fairmont
Minnesota
Troop 56
1998
Sauk Centre
Minnesota
Explorer 2560
1998
St. Cloud
Minnesota
Troop 14
1998
Winona
Minnesota
Troop 11
1999
Minneapolis
Minnesota
Troop 187
2000
Edina
Minnesota
Troop 68
2000
St. Paul
Minnesota
Troop 592
2000
West St. Paul
Minnesota
Troop 105
2001
St. Paul
Minnesota
Troop 12
2002
Mankato
Minnesota
Troop 12
2003
Apple Valley
Minnesota
Troop 293
2004
Eagan
Minnesota
Pack 452
2004
St. Louis Park
Minnesota
Pack 379
If you have any information about any of the following Boy Scout leaders, we would like to speak with you on a confidential basis:
Bernard Permar — International Falls Cub Scout Pack 151
Gerhard Voll — St. Paul Area Troop 164
Dale Lawrence Astleford — Bloomington
Robert Gilbert — St. Paul Troop 593
Patrick Joseph Melbourne — Hastings Cub Scout Pack 278
Fred Dravis — Twin Cities Area
Samuel Owen — Twin Cities Area
Darrell Palank — Twin Cities Area
Robert Gunter — Twin Cities Area
Michael Cain — Twin Cities Area
Kenneth John Bobrowske — Howard Lake Troop 494
Alfred Sufka — St. Cloud Cub Scout Pack 13
Richard “Butch” Carlson — Bayport Troop 113
Donald Smeby — Crystal Troop 113
Robert Messersmith — Brooklyn Center
Gary Poncin — Windom Troop 10
Arthur Campina — St. Cloud Troop 2
Wesley Kruse — Duluth Troop 45
Kenneth Knoll — Elgin Troop 65
Full article: http://noakerlaw.com/boy-scout-sexual-abuse-series-part-6-other-minnesota-perversion-files/
http://sol-reform.com/News/wp-content/uploads/2016/04/Hamilton-Logo.jpg00SOL Reformhttp://sol-reform.com/News/wp-content/uploads/2016/04/Hamilton-Logo.jpgSOL Reform2015-08-09 01:52:092015-08-09 01:52:09Steve Crew and Peter Janci, Boy Scout Sexual Abuse Series – Part 6 Other Minnesota Perversion Files, Noaker Law
Today, TEST400K commended Governor Bruce Rauner for signing HB369, a measure that will delay the current 10-year statute of limitations in sexual assault cases pending completion of a rape kit test, and ensure that rape victims get the justice they deserve despite historic rape kit testing backlogs. The bill was championed in the legislature by SenatorMichael Noland and Rep. Deb Conroy.
“On behalf of TEST400K and sexual assault victims across our nation, we commend Governor Rauner for making this historic statute of limitations reform bill the law in Illinois. Because of the Governor’s leadership and the relentless support of our bill sponsors, Senator Mike Noland and Rep. Deb Conroy, sexual assault victims impacted by the rape kit backlog are now one step closer to getting the justice they deserve,” said TEST400K Co-Founder Julie Smolyansky, who is also the CEO of Lifeway Foods, a certified rape crisis counselor and an executive producer of “Hunting Ground,” a documentary about campus sexual assault.
“Due to unacceptable rape kit testing backlogs and poor handling of evidence across our nation, dangerous sexual predators are running out the statute of limitations and roaming free in our communities – putting us all at risk. This bill will help ensure that justice delayed is not justice denied for victims, such as Rosa Pickett,” she added. “Furthermore, we must not forget that, despite this important milestone, there is still far more work to do to eradicate the backlog of untested rape kits in Illinois and across our nation.”
Rosa Pickett was 17-years-old when she was brutally raped in Robbins, Illinois in 1977. Despite providing a rape kit to local police, the evidence was misplaced and the statute of limitations ran out before the offender could be prosecuted for her assault. Historic backlogs in rape kit testing at the Illinois State Police have presented similar challenges for other victims that would be addressed by the bill.
“I am so grateful for all of the support that this bill has received, and look forward to talking to the Governor some day about these issues,” said Pickett during a news conference in Springfield after the bill passed the House and Senate earlier this year. “It may be hard for people that have never been victims to understand, but my assault is always in the back of my head and will never go away, especially because my rapist is still out there and I am sure I was not his only victim. The fact that this bill could become law and protect another young person makes me happier than I can explain. This support sends a message to rape victims that they don’t have to be afraid, they can come forth and feel safe saying they have been a victim of rape and be hopeful that justice will prevail.” Pickett has become an outspoken advocate on behalf of statute of limitations and rape kit testing reform, and now serves on the Advisory Board of TEST400K.
“Rosa Pickett is just one case of justice being denied to victims of sexual assault. Evidence existed, evidence was gathered and yet evidence went untested. With the Governor’s signature, we now hope that we can prevent this type of injustice from ever happening again,” said State Senator Michael Noland (D-Elgin). “As the Senate sponsor, I would be remiss if I did not thank Rosa and TEST400K, as it is due to their combined efforts that we will help ensure sexual predators no longer escape the justice they deserve nor the victims lose their right for the closure they deserve.”
Nationally, the rape kit backlog is estimated to have reached at least 400,000, with some originating from rapes that took place as far back as 1978. This backlog is not only a critical public safety issue as it relates to ensuring justice for the victims, but to help identify and remove serial rapists from our nation’s communities. While Illinois is only one of three states in the nation that requires timely submission/testing of rape kits, compliance is subject to appropriations. Despite the fact that the Illinois State Police reported eliminating the backlog of 4,000 untested rape kits back in December 2013 and that there were 927 matches on the FBI national system to other known felons, a lack of resources and efficiencies throughout the system have already resulted in a re-escalation of the backlog and extensive wait times estimated to be as much as one year for testing and as many as 1,600 rape kits. This year, theCity of Detroit announced that their effort to eliminate a backlog of 11,000 untested rape kits has already revealed 188 serial rapists that had moved on to commit assaults in at least 23 other states, and 945 matches on the FBI system among only the first 2,000 tests.
Full article: http://www.prnewswire.com/news-releases/test400k-commends-governor-rauner-for-signing-hb369-into-law-today-300124234.html
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United States District Court Judge Matthew Leitman has dismissed a case that named Pleasant Ridge Police Chief Kevin Nowak among eight defendants in a claim that Nowak and other officers sexually assaulted the plaintiff in 1990.
In the 25-page ruling, Leitman stated that the plaintiff could not provide sufficient evidence to her claim of insanity over the past 25 years, and thus the civil case is dismissed under the statute of limitations.
“(The plaintiff) admits that her action is untimely on its face, but she argues that she may nonetheless proceed because the statute of limitations were tolled by her insanity,” Leitman wrote in the ruling. “The court disagrees. (The plaintiff) has not presented sufficient evidence to create a genuine dispute of material of facts as to whether she was continuously insane, or insane at all, and thus entitled to invoke the Michigan statute that provides for tolling due to insanity.”
The woman, now in her 40s, alleged in the $75,000 lawsuit filed in January 2014 that she was sexually assaulted while participating in the Garden City Police Explorer Post as a high school student from 1989-1992. The program allowed teenagers the opportunity to experience law enforcement as a potential career.
According to the lawsuit, in January 1990, the woman, at the age of 15, rode with Nowak on a ride-along when he was serving as a Garden City patrol officer. She claimed Nowak sexually assaulted and battered her while he was on duty in his patrol car at the Garden City Industrial Park.
Two months later, the plaintiff claimed, Nowak again sexually assaulted and battered her at his Garden City home.
According to the lawsuit, a few years later the woman became a drug addict and later, a prostitute resulting from the emotional and physical abuse from the sexual assaults. The lawsuit also claimed Nowak aided in the woman’s drug problem by paying off her drug debt.
In the lawsuit, the woman alleged that three other defendants also sexually assaulted her during her time in the program, and three officers, also named as defendants, used their positions to cover up the assaults.
The woman’s lawyer, Lyle Dickson, said the drug addition continued through August 2013 and she did not understand her right to file a lawsuit because of her mental health resulting from the alleged assault and battery and subsequent drug problems.
“The judge was following the law in the way he interpreted it, but we think there was at least enough for material fact,” Dickson said of the ruling. “The judge was looking for an exact date and time she became insane, and my argument was it was during the first sexual assault, and that dramatic event caused insanity and was aggravated with each following sexual assault. It was a very difficult burden to hold.”
According to state law, there is a two-year limitation period applicable to the plaintiff’s assault and battery claim and a three-year limitation period for both the negligence claim and the personal injury claim.
Dickson said he reported the incidents to the Michigan State Police to file criminal charges, but in Leitman’s ruling, he said the state police also determined charges could not be pursued because of the statute of limitations.
In his reasoning for the ruling, Leitman stated three occasions in the past 25 years in which the plaintiff appeared to be of sound mind and, therefore, was not insane.
The first was that the woman placed three children up for adoption from 1998-2006 and signed legal paperwork to do so. Leitman stated that no party involved in the adoption process raised any concerns of her competency to execute the documents.
Additionally, the plaintiff pleaded guilty to several criminal charges in 2000 and 2001, the report stated, and under Michigan court rules, the state trial courts could not have accepted her guilty pleas if they had any reason to question her competency.
Thirdly, Leitman stated that the plaintiff said she did not report her assaults sooner because “she feared that people would not believe her and that the police would stick up for her assaulters who were fellow police officers and police department employees.”
Leitman continued that her explanation suggested she went through a “two-step thought process” that showed she did know she was wronged and the defendants violated her rights.
Leitman said the court first considered the defendants’ argument of statute of limitations and did not address the merits of the plaintiff’s accusations.
Dickson said he and his client will review whether they want to appeal the ruling or not, but either way, he doesn’t feel the ruling proved the defendants were innocent.
“Mind you, this does not exonerate these people, and we have a compelling amount of evidence that show they did that,” he said. “They actually won this case on a technicality, but that doesn’t mean they didn’t do it. Had we gone to trial, we had substantial evidence that this, in fact, did happen.”
Nowak said he was advised by his lawyer not to comment on the ruling, pending possible appeal. The defendants’ lawyer, Richard Albright, could not be reached by press time.
http://sol-reform.com/News/wp-content/uploads/2016/04/Hamilton-Logo.jpg00SOL Reformhttp://sol-reform.com/News/wp-content/uploads/2016/04/Hamilton-Logo.jpgSOL Reform2015-08-09 01:41:022015-08-09 01:41:02Joshua Gordan, Judge dismisses assault case naming police chief on statute of limitations, C & G News
Police say their investigation started soon after a Las Vegas doctor’s wife grew suspicious and searched through his phone and electronics.
Now Dr. Binh Minh Chung’s license has been suspended and the family practice doctor is behind bars, facing sexual assault and child pornography charges.
In a 28-count criminal complaint, he’s accused of drugging patients in order to sexually assault them. The complaint lists at least 11 alleged victims, including a minor.
On Wednesday, a judge set bail at $1 million after prosecutors argued Chung was a danger to the community.
Chung’s attorney, Chris Oram, declined to comment on the case to CNN. In court, he asked for the judge to set bail at $100,000 and place the doctor on house arrest.
A police arrest report says Chung’s wife came forward and showed investigators numerous videos she told them she’d found on a hard drive that belonged to her husband. The videos appeared to show a man in medical scrubs having sex with unconscious women. Chung’s wife, police said, identified the man in the videos as her husband.
The police report also details the account of one of the alleged victims, a teen who scheduled a series of appointments with Chung to get treatment for acne.
The girl told police Chung picked her up from her home for her third appointment around 10 p.m. one night, then gave her a shot at his office that caused her to lose consciousness. She told police she awakened with her pants off and her feet in stirrups.
“She explained how she was ultimately revived by Chung, who told her she had a bad reaction to the acne treatment,” the arrest report says.
From Chung’s office, police said they recovered a hard drive that contained multiple child pornography videos.
A preliminary hearing in the case is set for October.
http://sol-reform.com/News/wp-content/uploads/2016/04/Hamilton-Logo.jpg00SOL Reformhttp://sol-reform.com/News/wp-content/uploads/2016/04/Hamilton-Logo.jpgSOL Reform2015-08-09 00:39:022015-08-09 00:39:02Catherine E. Soichet, Las Vegas doctor faces sexual assault, child pornography charges, CNN
Michelle Boorstein, Activists urge Pope Francis to address sex abuse by clergy during U.S. visit, Washington Post
/in Pennsylvania /by SOL ReformJohn Salveson didn’t give up his obsession with the Catholic Church easily. There were polite letters in the early 1980s, asking that the priest who molested him when he was a teenager be removed.
His bishop wrote back, but the priest remained, transferring parishes through the late ’80s, according to a grand jury report. “Sincerely yours in Christ,” the bishop closed his letters.
Later, Salveson led a group that advocated for church reform. But by the mid-2000s, he had grown discouraged and shifted his focus to pushing for stronger laws and enforcement.
Prompted by Pope Francis’s trip to Philadelphia this fall, Salveson has renewed his activism toward the church, calling for the pontiff and other participants in a global Catholic meeting on family issues to discuss child sex abuse by clergy members and wear black ribbons to represent “the darkness that infects the souls of survivors,” he said.
The official itinerary for Francis’s U.S. trip includes no mention of the topic, although some experts think the pontiff will address it in an impromptu way, as Pope Benedict did during his last trip to the United States, in 2008.
John Salveson is pictured in an undated photo. (Family photo)
The visit is reason for celebration among those who consider Francis the first pope to begin restoring the Catholic Church’s moral authority after sex abuse scandals, which led many American Catholics to fall away from their faith. But it is painful for many others who think Francis and the church have not done enough to reach out to victims or punish those who oversaw abusers.
Advocates point out that the pope has held no bishop explicitly accountable — allowing a few to instead quietly resign. And church officials continue to spend millions fighting litigation.
Most sex abuse survivors have never received an apology from their church leaders, advocates say. They are unable to seek relief in criminal or civil courts because of statutes of limitation and are left with deep scars that can make it challenging to hold a job or have an intimate relationship. The vast majority of survivors have left the Catholic Church, experts say, and to see it celebrated regularly in the media can be painful.
Arthur Baselice, a retired Philadelphia police detective whose son died of a drug overdose a decade ago after years of clergy abuse, is angry about the pope’s efforts for survivors.
“He’s creating a diversion. All he does is talk. . . . You think this guy ever worked a day in his life? How could he have empathy for people like us?” Baselice said. Then he began to cry.
Others think Francis’s actions demonstrate his intent to make lasting changes.
“I think he’s a rock star,” said Andy Druding, 54, a survivor from Philadelphia who said he is unable to work because of post-traumatic stress and depression. “He really seems to be someone who genuinely seems to want to get to the bottom of this and stop it.”
Victims of sex abuse who praise Francis note that the pontiff has taken concrete steps, including embracing six survivors during a Mass in 2013.
“I beg your forgiveness, too, for the sins of omission on the part of church leaders who did not respond adequately to reports of abuse made by family members, as well as by abuse victims themselves,” he said. “This led to even greater suffering on the part of those who were abused, and it endangered other minors who were at risk.”
Later that year, Francis created a high-level commission charged with making recommendations on how to prevent abuse, help victims and punish church officials responsible.
Another highly praised move came in June when Francis followed the commission’s recommendation to create a Vatican tribunal that eventually will be able to try and penalize bishops who cover up abuse. A system was in place to punish abusers, but until now, there has been no process for the bishops who oversaw them.
But five days after announcing the tribunal, the Vatican allowed two Minnesota bishops caught up in a criminal sex abuse case to resign without comment. It is unclear whether the two will face the future tribunal. Prosecutors had charged the archdiocese — not the bishops — with mishandling abuse cases.
Members of the papal commission — which includes two survivors and prominent Boston Cardinal Sean O’Malley — have been outspoken in their criticism of the church in various cases.
“Pope Francis has brought a little more hope that the church is changing. But on the other hand, there’s an enormous amount of things that are not changing and that survivors see,” said Marie Collins, an Irish abuse survivor who sits on the commission.
Philadelphia, where the pope will participate in the World Meeting of Families, is home to the only U.S. church official ever charged with covering up abuse. Monsignor William Lynn was convicted in 2012, following two unusual grand jury reports accusing three consecutive archbishops of protecting abusers.
Salveson said he’d like to tune out the news about the upcoming papal visit, but as a prominent executive headhunter who sits on high-level boards, he is in regular contact with those involved with the trip. People often ask him his view of Francis.
Following Salveson’s letter to him about the abuse, John McGann, his bishop on New York’s Long Island, spoke to Salveson’s alleged abuser, the Rev. Robert Huneke, according to letters McGann shared with Salveson. In one such letter to McGann, the priest apologizes, saying, “I deeply regret the incidents and am truly sorry for any harm caused. I have undergone counseling as well as spiritual direction and will continue both and feel there will be no recurrence of such incidents.” Huneke died in 2002.
In 2003, Salveson was among 23 men who alleged in a $100 million lawsuit against the Rockville Centre Diocese that they were abused — they named 15 priests — and that the diocese in Suffolk County covered it up. The lawsuit came a few months after a Suffolk County grand jury report cited abuse cases involving 23 priests whom the report said the diocese transferred around in an effort to bury details of the abuse. Prosecutors told the Associated Press at the time that they were prevented from pursuing criminal charges against the diocese because of statutes of limitation, and civil lawsuits were dismissed for the same reason.
In a story he has recounted many times, Salveson described being a 13-year-old Catholic school student on Long Island when he first encountered Huneke, a young priest who had just arrived at the parish. The priest took to Salveson and invited him on a road trip. One night, Salveson said, the priest crawled into his bed and performed oral sex on him.
After the incident, Salveson became, in effect, two teenagers, he said: one who was a confident and high-functioning student, and a second who lived in terror of Huneke while also seeking his approval. When Salveson tried to stop the involvement, he said, Huneke either lambasted him as ungrateful or cried and begged for it to continue.
Huneke eventually followed Salveson to college to pursue his own academic work, and the relationship continued until Salveson was 20 and broke things off with the priest.
In 1978, Salveson moved to Philadelphia, where he struggled with a serious drinking problem and depression. In the early 1980s, after he realized in therapy that he’d been a victim of sexual abuse, he contacted McGann out of concern that Huneke was abusing others. McGann thanked Salveson for raising “the matter” and said Huneke had “overcome the situation” and was thriving as a priest.
McGann died in 2002, a year before the grand jury report was released. Spokespeople for the Rockville Centre Diocese did not comment after repeated requests.
Huneke was transferred to different parishes, and the grand jury report found that there were other victims, including during the two-year period after Salveson’s initial complaint. Huneke left the priesthood about 1989, according to media reports.
“I really could not believe the bishops wouldn’t do something about this guy, and at a minimum tell people they had this problem in their parish,” Salveson said.
In 2006, Salveson founded the Foundation to Abolish Child Sex Abuse, which advocates for longer criminal statutes of limitations and expanded civil windows for victims to sue.
“I thought it was my job to change the church. And what I learned from 1980 until today is that it is not a moral issue [for the church], it is a risk-management issue,” he said.
In an op-ed in the Philadelphia Inquirer last month, Salveson said he was again spotlighting the Catholic Church because he doesn’t think the problem has been solved. Today, he wrote, there is a pope “who holds such promise and generates such hope.”
Although new allegations against Catholic clergy members are less frequent, there are major exceptions. Earlier this month, Minnesota media reported that more than 400 claims of child sex abuse are being made against the Archdiocese of St. Paul and Minneapolis. The claims are coming because of a landmark 2013 state law that lifted the statute of limitations for three years.
Monsignor Stephen Rossetti, a psychologist who advises dioceses worldwide on child protection, said the pope is making what insiders consider dramatic bureaucratic changes that will show impact after Francis is gone. But in the meantime, he said, the issue is what message is being sent.
“The image from some people can be cold and uncaring and not listening,” Rossetti said.
Druding, the survivor from Philadelphia, said he was raped as a boy after choir practice. In two recent e-mails with the archdiocese’s victim assistance coordinator, he asked if he could meet with Archbishop Charles Chaput about the abuse, and with the pope during his visit.
In the e-mails, the victim assistance coordinator tells Druding that he can’t meet with Chaput until the archdiocese’s internal investigation of the allegations ends. As far as the pope goes, the coordinator wrote in a July 17 e-mail, “at this time, there is no meeting planned with any other groups or people. I hope you are enjoying the summer.” (A spokesman for the Philadelphia Archdiocese said it can’t comment on internal communications.)
Druding, who sounds thrilled about Francis’s trip, said he hasn’t given up hope of seeing him. The pope plans to visit inmates in a prison that is around the corner from his house.
“Maybe I’ll go over and there and wave,” he says. “If they let you get close.”
NJ Alert: Walk to end the NJ SOL to start on 9/11
/in Uncategorized /by SOL ReformNJ Alert: Walk to end the NJ SOL to start on 9/11
Come out in support of Fred and all of Jersey’s survivors
Fred Marigliano
100 Edgewood Avenue Green Brook, NJ 08812
Email: fredmarigliano@optimum.net
Phone 732.421.0033 Cell 732.752.4242 Office 732.752.5559 Home
www.walktoendsolnj.weebly.com
Dear Family, Friends and Associates;
Many of you already know my work with Road To Recovery has been a passion of mine for the last 10 years. Road To Recovery is making huge advances in bringing attention to the issue of child sexual abuse in America through providing direct and indirect services to abuse victims.
The statistics are startling, 1 in 4 girls and 1 in 6 boys will be sexually abused before the age of 18. Those numbers add up to 60 million Americans that are effected and only 10% will share their stories. Many victims suffer from post-traumatic stress disorders, drug and alcohol abuse, eating disorders and suicidal thoughts and actions.
We have taken the challenge to abolish the statute of limitations in NJ through lobbying in our local, county and state governments to pass bills S868 and A3664. I know many of you have supported this effort by writing your Senators and Assemblymen and women and or called to speak to them personally and for that we are grateful.
I am writing today to share with you our upcoming walk to end SOL. Starting on Friday, September 11, 2015 we will be walking across NJ, passing by the offices of our NJ Senators and Assemblymen and women to bring attention to the bills. The walk should conclude, depending on weather and other unforeseen happenings, around September 25th or 26th. We need your support.
By simply walking with us, for a block, for a mile, for a day or a week you will help. Meeting us at the beginning of the day or at the conclusion to show your support. You can download the route at our website www.walktoendsolnj.weebly.com or look for our daily starting places. For more information, please call me at the number noted above.
If you can share a donation, even the smallest amount will help please send a check to Road To Recovery, Inc. PO Box 279 Livingston, NJ 07039 and write in the memo Abolish SOL Walk. R2R is a non-profit 501 (c) (3) charity and your tax deductible donation will be used to support compassionate counseling, financial assistance, legal counsel and support of those in need of recovery from sexual abuse.
Thank you for your continued support and I look forward to seeing on the Walk to End SOL NJ.
Sincerely,
Fred Marigliano
www.walktoendsolnj.weebly.com
WalkSOL (1)
Steve Crew and Peter Janci, Boy Scout Sexual Abuse Series – Part 6 Other Minnesota Perversion Files, Noaker Law
/in Uncategorized /by SOL ReformBeginning in the 1910s, the Boy Scouts of America (“BSA”) began tracking pedophiles who operated in Scouting, creating what they named “the Perversion files”—internal secret files shared with no one that document the problem of sexual abuse in Scouting and the Boy Scouts’ response. Over the years the Boy Scouts destroyed thousands of its Perversion files, but many were preserved and new files are created every year. At least thirty-nine Minnesota Perversion files from 1960-1991 have been made public through child sexual abuse lawsuits against the Boy Scouts. This blog is Part 6 in a six-part series examining the Boy Scouts’ Minnesota Perversion files.
Bernard Permar — International Falls, Minnesota (1978)
Bernard Permar was an adult volunteer in Cub Scout Pack 151 in International Falls. Scouting officials discovered that he had been convicted of felony child molestation committed in Baudette.
Gerhard Voll — St. Paul Area, Minnesota (1979)
In 1979, Gerhard Voll was banned from Scouting and Troop 164 after he was investigated and criminally charged based on allegations that he had molested several children in the St. Paul area.
Dale Lawrence Astleford — Bloomington, Minnesota (1984)
In January of 1982, Dale Lawrence Astleford was arrested in connection with his sexual abuse of an 11- and 13-year-old boy over several years. Police searching Astleford’s home discovered evidence of “a nationwide network for the distribution of [pornographic] photographs of boys” and that Astleford’s involvement in child pornography appeared to have been ongoing for ten years. Police recovered “as many as 250 to 300 pictures” of the 13-year-old victim. While news reports described Astleford as “active in the Boy Scouts” and once having “sponsored a Scout Explorer post,” local Scout officials appear to have downplayed Astleford’s involvement in Scouting. In one internal memoranda titled “Dale Astelford Incident” a Scout official noted that, “KSTP TV called . . . asked for Astleford’s involvement – I said he was not a registered Scouter. He asked for name of Post and members names which I refused to give him.” BSA headquarters completed Astleford’s Perversion file in March of 1984, two years after first receiving news reports of his arrest.
Robert Gilbert — Eagan, Minnesota (1984)
Robert Gilbert served as Scoutmaster of St. Paul Troop 593. In 1984, he was banned from Scouting after being convicted of two charges of 2nd degree sexual abuse.
Patrick Joseph Melbourne, Fred Dravis, Samuel Owen, Darrell Palank, Robert Gunter, and Michael Cain — Twin Cities Area, Minnesota (1987)
Patrick Joseph Melbourne’s Perversion file is an open and shut affair. In 1987, law enforcement contacted BSA officials to notify them that Melbourne had been convicted of sexually abusing a child in 1983. BSA then banned Melbourne from Hastings Cub Scout Pack 278 and Scouting in general. But like some other Perversion files, Melbourne’s file makes reference to several other Perversion files that may have been destroyed: “Fred Dravis: Accused of sexual abuse . . . appealed and registration reinstated by Executive Committee sub committee. Samuel Owen: Convicted of fourth degree sexual assault.Darrell Palank: Accused of sexual misconduct while at the Council’s Long Term Camp. Voluntarily Resigned. Robert Gunter: Convicted of indecent exposure. . . . Michael Cain: Convicted of sexual misconduct.
Kenneth John Bobrowske — Howard Lake, Minnesota (1987)
In August of 1986, local officials overseeing Scouting in Howard Lake, Minnesota notified BSA headquarters that adult volunteer Kenneth John Bobrowske of Troop 494 should be placed in the Perversion files following his arrest and prosecution related to child sexual abuse involving “8 to 10 victims.” In July of 1987, nearly a year after the initial report, BSA headquarters completed Bobrowske’s file.
Alfred Sufka — St. Cloud, Minnesota (1988)
In 1988, BSA headquarters banned Alfred Sufka—an adult volunteer in St. Cloud Cub Scout Pack 13—for sexual battery committed against an underage babysitter.
Richard “Butch” Carlson — Bayport, Minnesota (1988)
In 1988, BSA headquarters banned Richard “Butch” Carlson—an adult volunteer in Bayport Troop 113—for inappropriate sexualized behavior and “body contact.”
Donald Smeby — Crystal, Minnesota (1988)
In 1988, BSA headquarters opened a Perversion file on Donald Smeby—Assistant Scoutmaster in Crystal Troop 365—for “running around in the woods nude with youth members.”
Robert Messersmith — Brooklyn Center, Minnesota (1988)
In 1988, Robert Messersmith—an adult volunteer in Brooklyn Center-area Scouting—was banned by BSA for “[a]lleged sexual misconduct w/ children.” Newspaper reports of Messersmith’s arrest and prosecution described police seizing “four large albums” of child pornography, involving “at least nine” boys between the ages of 12 and 15, some of whom were Boy Scouts Messersmith had targeted through his work in Scouting. Much of the child pornography had been taken during “boating and camping trips around the state.”
Gary Poncin — Windom, Minnesota (1989)
Gary Poncin, Scoutmaster of Windom Troop 10, was asked to leave Scouting in 1989 after he was charged with criminal sexual conduct in the first degree. A handwritten note in his file states that, “There are also allegations involving a Scout and former Scout from several years ago[.]”
Arthur Campina — St. Cloud, Minnesota (1989)
Assistant Scoutmaster Arthur Campina of St. Cloud Troop 2 was banned from Scouting in 1989 for sexually abusing a physically and mentally disabled child.
Wesley Kruse — Duluth, Minnesota (1991)
In 1991, the BSA excluded Wesley Kruse—a Scoutmaster in Duluth Troop 45—for sexually abusing a child.
Kenneth Knoll — Elgin, Minnesota (1991)
In 1991, the BSA excluded Kenneth Knoll—an Assistant Scoutmaster in Elgin Troop 65—for sexually abusing a child.
Anonymous Perversion Files — Various locations, Minnesota (1992-2004)
According to a Los Angeles Times investigation, unreleased Minnesota Perversion files exist that are associated with the following years, cities, and Scouting groups:
If you have any information about any of the following Boy Scout leaders, we would like to speak with you on a confidential basis:
Full article: http://noakerlaw.com/boy-scout-sexual-abuse-series-part-6-other-minnesota-perversion-files/
TEST400K Commends Governor Rauner for Signing HB369 Into Law Today, PR Newswire
/in Illinois /by SOL ReformToday, TEST400K commended Governor Bruce Rauner for signing HB369, a measure that will delay the current 10-year statute of limitations in sexual assault cases pending completion of a rape kit test, and ensure that rape victims get the justice they deserve despite historic rape kit testing backlogs. The bill was championed in the legislature by SenatorMichael Noland and Rep. Deb Conroy.
“On behalf of TEST400K and sexual assault victims across our nation, we commend Governor Rauner for making this historic statute of limitations reform bill the law in Illinois. Because of the Governor’s leadership and the relentless support of our bill sponsors, Senator Mike Noland and Rep. Deb Conroy, sexual assault victims impacted by the rape kit backlog are now one step closer to getting the justice they deserve,” said TEST400K Co-Founder Julie Smolyansky, who is also the CEO of Lifeway Foods, a certified rape crisis counselor and an executive producer of “Hunting Ground,” a documentary about campus sexual assault.
“Due to unacceptable rape kit testing backlogs and poor handling of evidence across our nation, dangerous sexual predators are running out the statute of limitations and roaming free in our communities – putting us all at risk. This bill will help ensure that justice delayed is not justice denied for victims, such as Rosa Pickett,” she added. “Furthermore, we must not forget that, despite this important milestone, there is still far more work to do to eradicate the backlog of untested rape kits in Illinois and across our nation.”
Rosa Pickett was 17-years-old when she was brutally raped in Robbins, Illinois in 1977. Despite providing a rape kit to local police, the evidence was misplaced and the statute of limitations ran out before the offender could be prosecuted for her assault. Historic backlogs in rape kit testing at the Illinois State Police have presented similar challenges for other victims that would be addressed by the bill.
“I am so grateful for all of the support that this bill has received, and look forward to talking to the Governor some day about these issues,” said Pickett during a news conference in Springfield after the bill passed the House and Senate earlier this year. “It may be hard for people that have never been victims to understand, but my assault is always in the back of my head and will never go away, especially because my rapist is still out there and I am sure I was not his only victim. The fact that this bill could become law and protect another young person makes me happier than I can explain. This support sends a message to rape victims that they don’t have to be afraid, they can come forth and feel safe saying they have been a victim of rape and be hopeful that justice will prevail.” Pickett has become an outspoken advocate on behalf of statute of limitations and rape kit testing reform, and now serves on the Advisory Board of TEST400K.
“Rosa Pickett is just one case of justice being denied to victims of sexual assault. Evidence existed, evidence was gathered and yet evidence went untested. With the Governor’s signature, we now hope that we can prevent this type of injustice from ever happening again,” said State Senator Michael Noland (D-Elgin). “As the Senate sponsor, I would be remiss if I did not thank Rosa and TEST400K, as it is due to their combined efforts that we will help ensure sexual predators no longer escape the justice they deserve nor the victims lose their right for the closure they deserve.”
Nationally, the rape kit backlog is estimated to have reached at least 400,000, with some originating from rapes that took place as far back as 1978. This backlog is not only a critical public safety issue as it relates to ensuring justice for the victims, but to help identify and remove serial rapists from our nation’s communities. While Illinois is only one of three states in the nation that requires timely submission/testing of rape kits, compliance is subject to appropriations. Despite the fact that the Illinois State Police reported eliminating the backlog of 4,000 untested rape kits back in December 2013 and that there were 927 matches on the FBI national system to other known felons, a lack of resources and efficiencies throughout the system have already resulted in a re-escalation of the backlog and extensive wait times estimated to be as much as one year for testing and as many as 1,600 rape kits. This year, theCity of Detroit announced that their effort to eliminate a backlog of 11,000 untested rape kits has already revealed 188 serial rapists that had moved on to commit assaults in at least 23 other states, and 945 matches on the FBI system among only the first 2,000 tests.
Full article: http://www.prnewswire.com/news-releases/test400k-commends-governor-rauner-for-signing-hb369-into-law-today-300124234.html
Joshua Gordan, Judge dismisses assault case naming police chief on statute of limitations, C & G News
/in Michigan /by SOL ReformUnited States District Court Judge Matthew Leitman has dismissed a case that named Pleasant Ridge Police Chief Kevin Nowak among eight defendants in a claim that Nowak and other officers sexually assaulted the plaintiff in 1990.
In the 25-page ruling, Leitman stated that the plaintiff could not provide sufficient evidence to her claim of insanity over the past 25 years, and thus the civil case is dismissed under the statute of limitations.
“(The plaintiff) admits that her action is untimely on its face, but she argues that she may nonetheless proceed because the statute of limitations were tolled by her insanity,” Leitman wrote in the ruling. “The court disagrees. (The plaintiff) has not presented sufficient evidence to create a genuine dispute of material of facts as to whether she was continuously insane, or insane at all, and thus entitled to invoke the Michigan statute that provides for tolling due to insanity.”
The woman, now in her 40s, alleged in the $75,000 lawsuit filed in January 2014 that she was sexually assaulted while participating in the Garden City Police Explorer Post as a high school student from 1989-1992. The program allowed teenagers the opportunity to experience law enforcement as a potential career.
According to the lawsuit, in January 1990, the woman, at the age of 15, rode with Nowak on a ride-along when he was serving as a Garden City patrol officer. She claimed Nowak sexually assaulted and battered her while he was on duty in his patrol car at the Garden City Industrial Park.
Two months later, the plaintiff claimed, Nowak again sexually assaulted and battered her at his Garden City home.
According to the lawsuit, a few years later the woman became a drug addict and later, a prostitute resulting from the emotional and physical abuse from the sexual assaults. The lawsuit also claimed Nowak aided in the woman’s drug problem by paying off her drug debt.
In the lawsuit, the woman alleged that three other defendants also sexually assaulted her during her time in the program, and three officers, also named as defendants, used their positions to cover up the assaults.
The woman’s lawyer, Lyle Dickson, said the drug addition continued through August 2013 and she did not understand her right to file a lawsuit because of her mental health resulting from the alleged assault and battery and subsequent drug problems.
“The judge was following the law in the way he interpreted it, but we think there was at least enough for material fact,” Dickson said of the ruling. “The judge was looking for an exact date and time she became insane, and my argument was it was during the first sexual assault, and that dramatic event caused insanity and was aggravated with each following sexual assault. It was a very difficult burden to hold.”
According to state law, there is a two-year limitation period applicable to the plaintiff’s assault and battery claim and a three-year limitation period for both the negligence claim and the personal injury claim.
Dickson said he reported the incidents to the Michigan State Police to file criminal charges, but in Leitman’s ruling, he said the state police also determined charges could not be pursued because of the statute of limitations.
In his reasoning for the ruling, Leitman stated three occasions in the past 25 years in which the plaintiff appeared to be of sound mind and, therefore, was not insane.
The first was that the woman placed three children up for adoption from 1998-2006 and signed legal paperwork to do so. Leitman stated that no party involved in the adoption process raised any concerns of her competency to execute the documents.
Additionally, the plaintiff pleaded guilty to several criminal charges in 2000 and 2001, the report stated, and under Michigan court rules, the state trial courts could not have accepted her guilty pleas if they had any reason to question her competency.
Thirdly, Leitman stated that the plaintiff said she did not report her assaults sooner because “she feared that people would not believe her and that the police would stick up for her assaulters who were fellow police officers and police department employees.”
Leitman continued that her explanation suggested she went through a “two-step thought process” that showed she did know she was wronged and the defendants violated her rights.
Leitman said the court first considered the defendants’ argument of statute of limitations and did not address the merits of the plaintiff’s accusations.
Dickson said he and his client will review whether they want to appeal the ruling or not, but either way, he doesn’t feel the ruling proved the defendants were innocent.
“Mind you, this does not exonerate these people, and we have a compelling amount of evidence that show they did that,” he said. “They actually won this case on a technicality, but that doesn’t mean they didn’t do it. Had we gone to trial, we had substantial evidence that this, in fact, did happen.”
Nowak said he was advised by his lawyer not to comment on the ruling, pending possible appeal. The defendants’ lawyer, Richard Albright, could not be reached by press time.
Judge dismisses assault case naming police chief on statute of limitations _ C & G Newspapers
Catherine E. Soichet, Las Vegas doctor faces sexual assault, child pornography charges, CNN
/in Nevada /by SOL ReformPolice say their investigation started soon after a Las Vegas doctor’s wife grew suspicious and searched through his phone and electronics.
Now Dr. Binh Minh Chung’s license has been suspended and the family practice doctor is behind bars, facing sexual assault and child pornography charges.
In a 28-count criminal complaint, he’s accused of drugging patients in order to sexually assault them. The complaint lists at least 11 alleged victims, including a minor.
On Wednesday, a judge set bail at $1 million after prosecutors argued Chung was a danger to the community.
Chung’s attorney, Chris Oram, declined to comment on the case to CNN. In court, he asked for the judge to set bail at $100,000 and place the doctor on house arrest.
A police arrest report says Chung’s wife came forward and showed investigators numerous videos she told them she’d found on a hard drive that belonged to her husband. The videos appeared to show a man in medical scrubs having sex with unconscious women. Chung’s wife, police said, identified the man in the videos as her husband.
The police report also details the account of one of the alleged victims, a teen who scheduled a series of appointments with Chung to get treatment for acne.
The girl told police Chung picked her up from her home for her third appointment around 10 p.m. one night, then gave her a shot at his office that caused her to lose consciousness. She told police she awakened with her pants off and her feet in stirrups.
“She explained how she was ultimately revived by Chung, who told her she had a bad reaction to the acne treatment,” the arrest report says.
From Chung’s office, police said they recovered a hard drive that contained multiple child pornography videos.
A preliminary hearing in the case is set for October.
Nevada doctor faces sexual assault, child porn charges – CNN