Child Injury Lawyer Blog

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Dennis Devlin, 57, a former Florida hotel owner, pleaded guilty to sexual exploitation of a 13-year-old boy. Devlin will spend at least 15 years in federal prison. Devlin is the former owner of the Desert Inn in Daytona Beach, Florida. Federal agents found an iPhone hidden in the bathroom ceiling of his second-floor hotel that contained sexually explicit images of the boy. A former employee of Devlin's, 20-year-old Michael Ehmen, also pleaded guilty to the same federal charge. Ehmen admitted he recruited the boy, took him to the hotel for Devlin's enjoyment, and received $100 for his recruitment. Police stated Ehmen also had sex (molested the boy) with Devlin for money and the two had an arrangement that Ehmen would bring "new people to visit [Devlin]" for more. Ehmen recruited the boy, the son of a friend, to help install security cameras at the hotel. On the way to the hotel Ehmen told the teenager Devlin would pay him to pose nude. Prosecutors said on a second visit to the hotel video was taken of Ehmen and the minor performing sexual acts together and spanking each other on Devlin's bed. Devlin has a long history of sex-related charges in Volusia County and elsewhere. In 1988, 13 sex-related charges were dropped against him by prosecutors in Ocean View, Maryland. In 1993, he was charged with 23 crimes against a single boy; Devlin was convicted and spend 22 months in prison. However, in 2002 a judge overturned his conviction after the boy recanted his testimony as an adult. Federal agents seized the iPhone containing nude photos of the boy, as well as four DVD recordings of the boy and child porn in "several boxes" and on Devlin's business computer. Sentencing dates have not been set for Ehmen or Devlin, they each face the same time range in federal prison. For more read Former Florida hotel owner pleads guilty to sexual exploitation of a 13-year-old boy.

By Robert Chaiken, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A recent court ruling may make it easier for victims of child pornography to receive restitution from those convicted of possessing child pornographic images. The 5th U.S. Circuit Court of Appeals ruled that federal restitution law generally does not require victims to detail how an individual defendant harmed them in order to get compensation, a ruling different from previous court holdings. However, legal experts are saying that the issue will probably end up having to be answered by the U.S. Supreme Court because of the disagreement among courts. In the Texas case, a woman sought compensation from an East Texas man who was previously convicted of possession images of child pornography. If you would like to read more see Federal Appellate Court ruling may make it easier for victims of child pornography to receive restitution.

By limiting the burden of proof as to damages suffered by a victim of child pornography will put more teeth into the law and help victims pursue damages more easily for the violation of their rights.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Due to the high-profile cases of Jessica Lunsford, Carlie Brucia and Sarah Lunde, the Florida Legislature expanded the Jacksonville-based Child Predator CyberCrime Unit 10-fold, which included adding a wide array of detectives, prosecutors and victim advocates. The unit had five offices statewide and made hundreds of arrests. The unit became so noteworthy that its director made an appearance on "Oprah," and was held out as a model for cracking down on sexual predators who use the Internet in their abusive acts. Although the unit appears to be one of the state's valuable resources, it was not prevented from falling victim to Gov. Rick Scott's vigorous budget cuts. The program's staff was dramatically decreased from a 34-person staff to just 15 and were moved to the Florida Department of Law Enforcement. The proposed plan is to keep only 6 out of the 15 investigators statewide. Critics of the cutbacks are concerned that the FDLE will not have the resources to implement the labor-intensive online investigations the unit's staff is use to conducting. For more details and criticisms read Gov. Rick Scott cuts back Florida CyberCrime Unit.

To keep children safe from online sexual predators, parents or guardians should use the privacy settings on their home computers. Parents and guardians should monitor their child's Internet use and block websites they fear subject their children to possibly coming into contact with sexual predators.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A 15-year-old sophomore has been charged with cyberstalking and using false information for an alleged Facebook posting that occurred in November 2010. According to an affidavit, the student at Smithfield High School used a fake account to harass a freshman who, because of a birth deformity, is missing part of her foot. The sophomore allegedly used the fake account to pose as the freshman. The account also had a picture of a bloody severed foot and included the freshman's last name and birthdate. John Reis, an anti-bullying educator, is concerned that people are not taking the incident seriously, thinking of it as a practical joke instead. Reis is concerned that other students are not appreciate the inherent meanness of the phony account. Also according to the affidavit, the sophomore's father was rude to police and seemed annoyed when police came knocking on the family's door. Reis says that parents need to be proactive instead of running for cover. Parents should take responsibility themselves as well as let their children take responsibility for their actions. When a child behaves inappropriately there should be consequences, children should and accept those consequences and learn from their behavior. The Rhode Island State Police cyber crimes units confiscated 3 computers from the sophomore's home. To read more on this story please see Rhode Island sophomore accused of cyber bullying on popular social networking site.

Bullying has traditionally been a downplayed form of conduct, sometimes bullying has not even been considered a crime. However, in recent years state legislatures have enforced harsher punishments towards those who engage in bullying conduct. Bullying has also increased with the advent of social networking sites such as Facebook and MySpace. Parents should teach their children core, moral values to not bully or other harass their peers.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Pennsylvania and other States, children are often times the victims of child predators who molest them, photograph them, and video tape them. Local, State, and Federal authorities have been successful to some extent in catching these predators and prosecuting them for the heinous crimes. What happens if a child decides to post a photo of himself or herself on line? Regardless of the person who does the posting, it is still child pornography and the dissemination of child pornography which is a crime. In Pittsburgh, Pennsylvania, it was reported that a 15 year old girl was arrested by authorities for these very acts of taking nude photographs of herself and then posting the photographs on line. Children (including teens) often lack good judgment and really do not understand or appreciate the repercussions of their actions. Whether photographs are sent to one person or many, posted on Facebook, posted in a chat room, or elsewhere on line, there are many problems (both legal and moral) with the posting of nude photos of children on line. You can read more about this story at Teen Girl Charged with Posting Nude Photos on the Internet.

By Robert Fernicola, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Bullying has become a huge problem, especially for children between grade school and college. The State of New Jersey has announced what it called the State's Anti-Bullying Bill of Rights. The Anti-Bullying Bill of Rights designates a chain of command at New Jersey schools to crack down on the bullying the very moment it is reporting. The bill of rights will be presented to New Jersey legislators of both major political parties.

The proposed legislation was introduced after the case of Tyler Clementi, a Rutgers University student who was ousted as a gay man by two of his fellow peers, Dharun Ravi and Molly Wei. Ravi and Wei streamed live video on the Internet of Clementi having intercourse with a man - the video camera was hidden. After finding out about the recording, Clementi committed suicide by jumping off the George Washington Bridge. Ravi and Wei have had charges pressed against them. And, since Clementi's death, there has been rallies supporting stricter laws against bullying.

The new legislation is aimed to protect against bullying of all varieties, much of which happens on the Internet. If you would like to read more on this topic see New Jersey gets tough on bullying.

If you are someone you know is the victim of bullying, you should report the incident immediately. By notifying someone about what is going on, an investigation can be initiated and the bullying will hopefully cease through proper intervention.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Texting is becoming an increadingly used tool in dating violence. Text messages are used to harass, track and intimidate current or ex- boyfriend and girlfriends. The use of text messages as a weapon in dating violence is a double-edge sword; the messages are concrete proof in court that dating violence has occurred but can also be kept private for a lot longer. Back in the day, the typical home had only one phone in the entire house. Today, is it not uncommon for each family member to have his or her own cell phone, thus, making easier for children and teenagers to hide the threatening and harassing texts. Other acts of abuse include location tracking by a partner, significant other, or boyfriend / girlfriend. These are multiple texts sent throughout the day demanding to know your whereabouts, who you are with, etc. For example, there was a case where a woman in her 20s was so closely tracked by her boyfriend that he demanded her to take photographs with her phone to prove her whereabouts, the photos were accompanied with a time and date stamp.

Another reason why there is so much under-reporting of textual harassment, other than the private nature of cell phones, is that many teens do not view excessive text messaging as abusive. However, if you are getting 50 text messages per day that are all unwanted, there is a problem, suggests an executive director of Break the Cycle, an organization that works to end dating violence. If you would like to read more on this topic see Text messaging becomes a useful tool in dating violence.

State legislatures are in the process of pushing legislation to encourage, rather than require, schools to teach and inform its students on the topic of textual harassment. Abusive texts can come in the form of text messaging, e-mails and messages sent over social networking sites such as Facebook and MySpace. If you are getting unwanted text messages you should inform someone close to you about the abuse. Making the matter somewhat public can aid in stopping the abuse.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

"Sexting," a relatively new social phenomenon, has left eight Pennsylvania high school students with a felony pornography charge. The age of the Pennsylvania students ranged from ages 13-17. The students were accused of using their cell phones to take, send, or receive nude photos of each other, and, in one case a video of oral sex. Charles Chenot, Perry County District Attorney, stated the requisite acts under Pennsylvania law to be considered a crime is to take a photograph of yourself or someone else and send that photo to a third party. Chenot said he considers sexting a form of child pornography with lifetime consequences, especially if that photo ends up on the Internet.

Chenot said it was the only charge that fit the crime, although he agree a less severe charge that still got the attention of the teens would be adequate. Former U.S. Rep. Don Baily, who represents one of the minors, states a felony pornography charge "is an over-zealous and an inappropriate application of the criminal law."

Unfortunately this incident is an example of when technology surpasses the law. A Pennsylvania bill, which would limit the punishment for sexting, is up for a full floor this month. Many Pennsylvania lawmakers believe reform is needed in order to find an appropriate punishment for the crime.

This case will likely result in a plea deal or trial. Each of the accused are entitled to a criminal law attorney or public defender for representation on and through these criminal proceedings.

To read more about the Pennsylvania sexting incident see Teens Face Felony Pornography Charges as a Result of Sexting.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Spring City, Pennsylvania, a man brought his computer into a business to have some work done on the computer. When the computer tech was examining the computer, the tech found suspicious images on the computer that turned out to be 100 child pornography images. According to the story reported by ABC 6 Action News, the man admitted to the having the images on his computer that he received through a download. Of course, the man was arrested. He will be entitled to the services of a private criminal law attorney or the public defender; however, there appears to be a good bit of forensic evidence against him. (See Man Arrested for Having Child Pornography on his Computer.)

Child pornography is not a victim less crime since the children are subject to the photographs and often times illegal acts. Child pornography possession and downloading only contributes to an industry that abuses and neglects children.

SPRING CITY, Pa. - April 6, 2010 (WPVI) -- A man from Spring City, Chester County, has been arrested on charges of child pornography and his neighborhood is in shock.

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Scott Cooper seemed like the all American Dad and Husband, a man who worked hard to provide his family the nice home with the picket fence.

"I don't know. I never would have guessed or expected it. I find it hard to believe," said a neighbor.

But investigators say behind closed doors he had a dirty secret he liked to view child pornography.

"The defendant had taken his computer to have some repairs done and during the course of those repairs the shop owner discovered what looked like a suspicious image," explained Chester County Deputy District Attorney Beth Pitts.

The computer technician contacted police. The case was turned over to the Internet Crimes against Children Task Force. It allegedly found 100 images of child porn.

According to court records, Scott Cooper told detectives he knew the child porn was quote "taboo" and he called it a stupid risky hobby. He told them he would download bulk images, view them, then try and delete them.

"I am really really shocked and appalled because I think he does a great job taking care of his kids and I just find it really hard to believe," said a neighbor.

"A little scared, very scared," said Jill Ohler.

That was the reaction from neighbors. It's one often heard in cases like this an unnerving reminder that our neighbors aren't always who they seem to be.

Cooper will be arraigned on Thursday.

(Copyright ©2010 WPVI-TV/DT. All Rights Reserved.)

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Broomfield, Colorado, a teacher is accused of sending inappropriate text to students. There cases are interesting in that there is typically electronic evidence that can identify the sender and the receiver of these text messages. The messages themselves are evidence that can show criminal acts and intent on the part of the sender. Of course, the teacher will be entitled to defend himself through the services of a public defender or a private criminal defense lawyer. Among the questions / issues that may be addressed in this matter may be:

How many messages were sent by the teacher to students?

Can the messages be subject to one or more meaning or interpretation?

Did the teacher's phone ever fall into the hands of someone other than the teacher?

Will the defense claim that someone else sent out the text messages?

How explicit and sexual were the text messages that were sent out?

Electronic forms of communication like text messages, e mails, and Facebook posts are in writing and can be saved, copied, and printed. One could argue that they are no different than writing a nasty, sexually laced letter to someone.

You can read more about the allegations against this Broomfield, Colorado teacher at Bloomfield Teacher Accused of Sending Inappropriate Texts to Students.

By Benjamin A. Klopman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Montgomery County, Maryland, a former elementary school teacher and field hockey coach was sentenced to 5 years in prison. John Joseph Kovach served as an assistant field hockey coach at Towson University and a teacher at a private elementary school located in Montgomery County, Maryland. How did the teacher - coach and mentor to children get caught? Well, according to the news reports, Mr. Kovach went online and engaged in a sexually explicit chat with a girl who he thought was 13 years old. Following investigation including a warrant for his computer was conducted. Investigators found 252 photographic images and nine videos showing child pornography. The evidence seemed to be quite strong against Mr. Kovach. It is amazing that people go online and think they are invisible and cannot be caught. It is very disturbing to know that teachers, coaches, and mentors are trolling the internet looking for their next victim. You can read more about this story at Former Teacher and Coach Gets 5 Year Prison Sentence for Child Pornography.

By Jeremy Vishno, Attorney, and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Connecticut, a bill is being proposed that would effectively change the statute of limitations for sex abuse cases in the State of Connecticut. Currently, the statute of limitations in Connecticut for sex abuse cases is 30 years past the 18th birthday of the sex abuse victim. The proposed Connecticut law would allow someone older than 48 years old to pursue a case as long as it was pursued in conjunction with the claim of a younger person. The Catholic Church is publicly opposed to the change in law as it would expose the church to additional claims and liabilities that would otherwise be stale under the current Connecticut law. One of the buzzwords used by church officials is the term frivolous lawsuits. The church has for years hidden sexual predators and child molesters behind its doors. To state that the claim of a 50 year old is frivolous ignores the years of injustice and abuse that was ignored and even hidden by the church. Judges and juries should be able to the weigh the facts of each year. The determining factor should not be the age of the victim pursuing the case but the facts, evidence, and testimony behind the claims of abuse, neglect, and child molestation. You can read more about this story at Catholic Church Against Changes in Connecticut Sex Abuse Laws.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Washington, a man pleaded guilty to the rape of a 4 year old girl. How was he caught? What evidence was there against him in the criminal case for the sexual abuse and sexual molestation of this Washington child? Well, it appears that the man posted a video of the heinous crimes on the Internet and thereafter another man reported him to the authorities. Brian Beston, age 36, pleaded guilty to the cirmes of sexual exploitation, child rape, and dealing in child pornography.
Prosecutors will recommend a minimum 26-year sentence when he is sentenced May 14 in King County Superior Court. He could also face life in prison. Beston wife's also faces charge for her role in this criminal acts. You can read about this story at Washington Man Pleads Guilty to Child Rape Charges.

People who molest and abuse child fail to recognize the serious physical and psychological personal injuries that the child suffers at the time of the terrible act and the years thereafter. It is pure selfishness and depravity that leads people to commit such horrible acts.

By Jeremy Vishno, Attorney, and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Connecticut, police arrested a convicted sex offender for having child pornography including photographs and images on a computer. Due to the large number of images located (20,000 - Twenty Thousand), it appears unlikely that the images were accidentally downloaded or mistakenly placed on the computers. Of course, the criminal defendant (Charles Heaton - age 60) in this case will be entitled to the services of a public defender or a private criminal defense attorney.

It is a crime to possess, manufacture, or distribute child pornography. The people who buy or download child pornography help drive and promote an industry that serious harms children every day. You can read more about this story at Connecticut Man Arrested for Having Child Pornography on Computer.

By Stephanie F. Brown, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A teenage boy from Atlanta, Georgia recently broke up with his girlfriend by sending her, her mother, and her sisters nude images of himself via cell phone text message. According to Cecily Hill, the Republican State Representative for Kingsland, Georgia, the boy could not be charged with any specific crime; that has led Kingsland to introduce legislation that would make so-called “sexting” – sending nude images over cell phone text messaging systems – illegal. It represents an update to a current law that prohibits transmitting obscene images of minors on floppy disks, CDs, or computer bulletin boards.

The Georgia Bureau of Investigation supports the bill, but spokesperson John Bankhead said that care must be taken in writing the bill so that children sending images to other children without the intent to engage in child pornography or without appreciation of the consequences would not be permanently labeled as sex offenders.

The Georgia House is also considering legislation that would broaden the definition of rape; the current law only includes females and children under the age of ten years old. Proponents say that the current law leaves young boys who are targeted by sexual predators out in the cold.

Both bills, if they pass, promise to make it clearer what is acceptable behavior and what is not when it comes to sexual content or sexual activity involving minors.

Find out more about this story at Camden's Hill lodges bill to make 'sexting' illegal.

By Robert Chaiken, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Offender Locator is an i Phone application that allows concerned parents and others get information about the residence of sex offenders. i Phones have GPS functions that can allow an i Phone user to search databases and information by an address or by current location. The Offender Locator is a simple but effective program in providing this valuable information to parents, caregivers and others. While no system or database is perfect or free from flaws, the information can assist parents in making safety precautions and plans when there are nearby sexual predators or offenders. Parents may want to use a program like this to search for sexual offenders / predators in the child's neighborhood, near the school, near friend's homes, near playing fields, and other areas. Supervision is important regardless of the presence or absence of sexual offenders and predators; however, information and knowledge can serve important functions for parents with the goal and mission of protecting their children. You can read more about the Offender Locator program, its use by a Houston, Texas mother, and other technology developments at iPhone Applications (Apps) Help Track Sexual Offenders / Child Predators.

By John Jensen, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In North Carolina and other States, teachers are stepping well beyond their work duties and ethics by having sex with students. In Durham, North Carolina, Gina Marie Watring, age 40, was charged in April 2009 with child rape, kidnapping and felony child abduction. Bond was set and she should have ceased her contact and relationship with the 10 year old boy. Instead of staying away, Ms. Watring now stands accused of having further contact with the boy through letters, mobile phone, and text messaging. Ms. Watring formerly worked at Creekside Elementary School in Durham, North Carolina as a teacher's aide. According to police records, the 10 year old boy and teacher had sex on two occasions at her home. Ms. Watring's bond has now been raised to $2 million. If the allegations are true, people should not confuse the acts of Ms. Watring with any other child predator. It does not matter and should not matter that she is a woman committing these acts on a boy. It is a crime no matter how you look at it. You can read more about this story in Bond Raised in Case Involving North Carolina Elementary School Teacher Accused of Raping a 10 Year Old Boy.

By Steven Smith, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A New York mother is facing criminal charges for stupid and immature acts of posting information regarding her daughter's rival on Craigslist. It should be noted that the rival is only 9 years old. The mother (Margery Tannenbaum) of Hauppauge, New York posted an ad on Craigslist with the 9 year old girl's phone number stating "I need a little affection." The ad did not list the age of the girl or many details. Nevertheless, the ad resulted in over 20 telephone calls to the home. Some callers were embarrassed that they were calling the home of a 9 year old girl. Ms. Tannebaum put a child and family at danger from her posting and should be subject to some of punishment and fines for her acts. You can read about this story at Long Island Mother Faces Criminal Charges for Craigslist Ad Targeting a 9 Year Old Girl.

By Stephanie F. Brown, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A Bleckley County (Georgia) corrections officer was arrested in June, 2009 for distributing child pornography. A Cobb County, Georgia police detective posed as a 13 year old girl in an undercover operation. The corrections officer, Jason Shane Price, sent the undercover detective sexually explicit messages and images as well as videos of child sexual abuse.

Authorities are requesting information from the public if they have been in contact with anyone using the email address suthyrngent07@yahoo.com or boiledpenuts2001@yahoo.com. Individuals who have been in contact with these email addresses should report their contacts to the Crimes Against Children’s Unit at 770-801-3470.

By Anthony Ferguson, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Maine and other states, child predators and sexual offenders are exploiting and abusing children every day. In some instances, it is the parent who is exploiting or molesting the child. In Mars Hill, Maine, Julie Carr, age 30, is the mother of four children. British investigators tracked her down to her Maine home after she was webcasting a sexual assault of her young child. Really, what was this lady thinking? While she will be entitled to a public defender if she cannot afford an attorney, there is an electronic trail of sorts and video of these heinous acts. Authorities removed all four children from her home. You can read more about this story at Maine Mom Nabbed in International Child Pornography Sting.