Child Injury Lawyer Blog

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Benjamin Janicki, a 19-year-old boy, was a summer hire as a day care aide at Park Hill United Methodist Children's Center. According to Denver's district attorney office, Janicki was arrested and faces at least felony counts of sexual abuse on three preschoolers. Janicki also faces three additional counts of sexual assault on a child by a person in a position of trust, also felonies. Parents were told that the victims were between the ages of 3 and 4-years and that there could be more.

Janicki had no previous arrests according to public records and is being held in a Denver detention center on $650,000 bail. He is entitled to a criminal defense attorney and a trial.

Janicki's case has forced the day care center to close while the state's Department of Human Services investigates "serious and significant supervision issues." If you would like to read more on this story see 19-year-old faces three counts of sexual abuse upon minors at a day care.

Day care workers are selected by the parents and/or guardians of children. A significant amount of trust is placed in day care providers and workers to care for and nurture another's child while the parents and guardians are at work, ensuring financial stability for the child. Any person who would abuse this trust is depraved and immoral. If you suspect someone is a victim of abuse, report the incident to local authorities immediately so an investigation can be prompted as soon as possible.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Investigators investigating the sexual assault claims at Park Hill United Methodist Children's Centers now believe there were 3 children who were victims of assault. Investigators also believe they are still more unidentified victims. The Colorado day care facility was closed on Friday by the Colorado Health and Human Services Department. During a recent investigation, investigators said to have found "serious and significant supervision issues."

Denver Police arrested 19-year-old Benjamin Janicki. According to a court report, a young girl told her parents she had been "licked and tickled" by Janicki. Janicki is entitled to a criminal defense attorney and a trial. Records show Janicki has no previous arrests.

It is still uncertain whether the day care facility will remain open or will allowed to stay open. And, even if the center decides to re-open, what parents will re-enroll their children into the facility.

Here are some warning signs, from the Denver Police Victim Assistance united, that indicated a child may have been sexually assaulted:

1. A child acting younger than his or her own age
2. Frequent nightmares
3. Difficulties concentrations

If you would like to read more on this story see The number of sexual abuse victims increases and Denver day care facility.

Continue reading "Victims of Sexual Assault at Denver Colorado Day Care Center - What Are the Legal Rights of the Victims?" »

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A 13-year-old boy of Bradenton, Florida was arrested for the beating and the possible rape of a 22-month-old girl in a home-based daycare facility. Heather Lovett, the 21-year-old owner of the facility, left the teenage boy in charge of the facility, Our Kids Day Care, while she took something to her boyfriend. Lovett is allegedly dating the teen's father.

The toddler was taken to a hospital by her father after the father noticed injuries on the girl's body. Police reports reveal that the toddler was determined to have been choked, punched and sexually assaulted. The boy admitted to hitting the girl twenty times but denied committing any sexual assault. This is not Lovett's first complaint against her daycare. In June, a parent made a molestation complaint against Lovett and the older brother of the teenage boy charged in this case.

The registration of Our Kids Day Care has now been revoked by the state's Department of Children and Families. However, DCF would not have became involved if a major incident was not reported. This has parents, local authorities and other concerned citizen to question the screening and licensing procedures of Florida daycare facilities. According to published reports, DCF does not inspect or regulate daycare facilities that have fewer than 10 children; Our Kids Day Care cared for 5 children between the ages 10-months to 4-years-old. To read more on this story see Florida screening and licensing procedures are questioned by concerned citizens.

By Joshua Shulman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

David Daniel Moore, a 23-year-old daycare worker, was sentenced to almost 17 years in prison by a Multnomah County judge. Moore was charged with the molestation of two different 4-year-old girls at Angela's Academy (or Angel's Academy), a Northeast Portland, Oregon childcare facility.

Moore was a teacher at the childcare facility, which is a home-operated facility that is licensed to care for up to 16 children. Moore was physically abused by his biological mother and was sent into foster care. Angela Braxton-Johnson, owner of the daycare facility, became the foster parent of Moore, she later gave him a job at the daycare.

The crimes came to light after one of the girls told her mother about an incident in November 2009 that happened in the girls' bathroom at the daycare. An investigation was promptly initiated. Afterward, the second girl came forward and told her mother that Moore had given her candy and forced her to perform a sexual act on him.

Moore admitted to police that he had molested the girls. At his hearing, Moore plead guilty to two-counts of first-degree sexual abuse and two-counts of attempted first-degree sodomy.

Moore was screened by the State of California and passed the procedures because he had no prior criminal history and no questionable history of abusing children, said Kathleen Hynes, legal and compliance manager for state division that licenses providers. If you would like to read more on this story see Portland, Oregon man sentenced to almost 17 years in prison after pleading guilty to sexual molestation charges.

State legislatures across the nation are in the process of making their states' screening procedures more stringent. For an example of this see Michigan Governor Signs Day Care Laws - Stricter Reporting Requirements Should Provide Parents with Better Information About Michigan Day Care Centers.

If you suspect any incidence of physical or sexual abuse being committed upon a child, contact your local authorities so a criminal investigation and be initiated.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A Hanover man, Raymond Messinger, 46, was arrested on allegations that he sexually molested 3 children. The children, an eight-year-old girl and two seven-year-old girls, were enrolled at Bretzman Daycare Center, where Messinger was a volunteer and the alleged abuse took place. On May 28, police received information from Adams County Children and Youth Services and immediately started an investigation. Messinger was removed from the daycare facility the following business day. A separate and independent investigation is being conducted on the daycare by the state Department of Public Welfare.

The police are also looking into whether or not the owner of the facility properly notified parents of the suspected abuse. Messinger has rented an apartment from the owner and had also cleared the required background screenings. The owner's residence, which served has the site for the daycare, was properly licensed with the state.

During an interview with investigators, Messinger admitted to the allegations of abuse. He faces up to 126 years in prison if convicted on all charges. If you would like to read more on this story see Daycare volunteer arrested on allegations that he sexually abused 3 children enrolled in the daycare.

Sexual abuse inflicted upon minors may result in a lifetime of physical and emotional trauma. If you suspect any type of abuse you should contact your local law enforcement authorities. Contacting local authorities will prompt a criminal investigation into the matter and have the effect of stopping the abuse.

By Scott A. Marks, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

On June 17, the Supreme Court of California ruled a homeowner accused of negligently failing to supervise her son, thus enabling him to repeatedly molest a child at the mother's home, may be entitled to coverage under her homeowner's insurance policy. The California high court's decision was unanimous and the court reasoned that because the mother and son were separately insured under the policy, the claim against the mother might be recovered, even though the "intentional acts" exclusion provision of the policy clearly precluded coverage for the claim against the son.

In 2003, Scott Minkler alleged he had been repeatedly molested over a period of several years by his Little League coach, David Schwartz. Minkler accused Betty Schwartz, David's mother, of having knowledge of the abuse but did nothing to stop it. The Shwartzes were covered by Safeco Insurance Co. with Betty as the named insured and David as the additional insured. After Minkler obtained a default judgment against Betty for more than $5 million, she entered into a settlement with Minkler and assigned her claims against Safeco to Minkler.

The California Supreme Court said the language of the policy was ambiguous and thus had to be interpreted in line with the reasonable expectations of the insured. Justice Marvin Baxter, writing for the high court, said Betty could not have reasonably understood the narrowing of her coverage by allowing her son to live with her. To read more on this topic see California Supreme Court rules homeowner's insurance should cover negligent acts.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

The Duluth, Minnesota City Council recently passed an ordinance by a unanimous vote as to restrictions as to where Level 3 Predatory (Sexual) Offenders can live within the city. The new city ordinance would prohibit these sexual offenders from residing within 2,000 feet of an school, playground or day care center. Ordinances like these make it more difficult for sexual offenders who have been released back into society to find affordable housing. The mission or goal of such ordinances is to protect the safety of children from those who have a history or propensity to victimize children. Of course, not all sexual offenders repeat their crimes. Furthermore, not all sexual offenders victimize children; however, if the ordinances protect children - they make sense. There would be challenges to such ordinances. Passing new laws is not always easy or popular. Keeping children safe with new laws or other actions simply makes sense. See Duluth City Council passes ordinance limiting where sex offenders can live

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

In New York and other States, parents bring their children to day care centers with the hope and expectation that their children will be cared for in a safe and caring environment. Unfortunately, some day care workers and child care providers prey children enrolled in day care centers. Some children suffer personal injuries due to neglect or physical abuse. Others suffer at the hands of a child care provider who makes the decision to molest and sexually assault a small child. In Irondequoit, New York, a day care worker has been accused of molesting a 7 year old girl. Police arrested Joseph M. Calabrese, age 24, who has been criminally charged with endangering the welfare of a child and with sexual abuse. Mr. Calabrese was working at Generations Daycare at the time of the alleged criminal conduct. Since Mr. Calabrese has been arrested and faces criminal charges, he will be entitled to legal representation from a private New York criminal attorney or a qualified public defender. News report did not detail the exact evidence that supported this criminal investigation. In many day care cases of this nature, evidence varies from witness statements, photographs, video surveillance, admissions of the suspect, documents, e mails, and text messages. It will be interesting to see how this criminal prosecution develops and what evidence is ultimately revealed to support these allegations. You can read more about this story at Irondequoit, New York Day Care Work Accused of Sexually Abusing 7 Year Old Girl in New York Day Care Center.
Generations Daycare in Irondequoit.

By Scott A. Marks, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In California and other states, there are thousands upon thousands of child sexual predators out there. Some live on our streets. Some teach in our schools. Some even serve on our school boards. Yes, you read that correctly - some child sexual predators are even school board members. In Rio School District (Ventura County), school board member, Brian Martin (age 49), pleaded guilty to sexual abuse of a minor child and to child molestation charges. The abuse took place over a 5 year period. It is quite disturbing to know that a person who was setting and enforcing school board policies was actually a child predator. You can read more about this story at CA School Board Member Pleads Guilty to Sex Abuse.

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

In Fayetteville, North Carolina, criminal legal proceedings are being pursued against a mother accused of prostituting her 5 year old daughter. The tragic ending to this story involved the death of this innocent child who was found in a ditch. Parents should be the protectors of their children and keep them from being harmed by others. If the allegations are true and there is evidence that results in a plea deal or a jury verdict, this mother will likely face a prison sentence for these crimes. You can read more about this story at Mother Accused of Trafficking Her Daughter to Appear in North Carolina Court.

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

In Fulton County, Georgia, a man pleaded guilty to charges that he pimped out two teenage girls for sex. Jonathan Terry, age 27, was accused of pimping and raping a 14 year old girl from Sandy Springs, Georgia. The Judge sentenced Mr. Terry to 20 years of prison. Mr. Terry will now be registered as a sex offender. The victims reported Mr. Terry's criminal acts to the police in May 2009.

Mr. Terry manipulated these girls and subjected them to abuse, neglect and exploitation. A long prison term is fitting for a person who commits these crimes. You can read more about this story at Man Sentenced to 20 Year Prison Term for Pimping Out Teen Girls.

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 David M. Baum, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Naperville, Illinois, Jose Luviano was sentenced to 13 years in prison for molesting children in a day care center operated by his wife. It is most disturbing that children were abused and neglected a the very place, a day care center, that the children were supposed to receive care, education, and proper supervision. Mr. Luviano admitted to the allegations and a plea deal was reached with prosecutors regarding the criminal sexual molestation charges.

Parents should inquire about the day care staff and anyone in the home day care or child care center who may have contact with the children. People running day care centers should not allow anyone to have contact with the children who have a prior or current problem like Mr. Luviano.

You can read more about this story at Prison Sentence Given to Child Molester at Illinois Day Care Center.

If you have had a child neglected or the victim of abuse at a child care center or day care center, contact a Child Injury Lawyer for advise, consultation, and representation. A child has legal rights that should be enforced when the child has been subject to neglect, abuse, or other negligent acts causes physical and / or psychological personal injuries.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A most disturbing news story was reported out of Saginaw, Michigan. It was reported that a care giver of a 10 year old girl traded the girl to man for cocaine. Thereafter, the man sexually assaulted the 10 year old girl. The woman (Angela Blackwell) was arrested and the man (Johnnie L. Griffin) is being sought by police. Both face felony charges. Each will be entitled to the defense of a public defender or a private criminal attorney. If the allegations are true and can be proved, prison time will be in order of these defendants.

A combination of poor judgment and drug abuse often times leads to the harm of children. It is vital that young children are cared for and nurtured by parents, family members, caregivers, teachers, day care workers, and others. A child should be protected and not sold off or traded for sex. You can read more about this story at Michigan Woman Traded Out Girl for Cocaine.

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 David Wolf, Attorney
Published by Child Injury Lawyer Network

In Minnesota and other States, parents should be able to trust teachers, day care providers, coaches, church leaders and volunteers, and scout leaders. Unfortunately, there are just too many youth leaders who should be role models but are actually out there causing harm to children. In Minnesota, a man recently pleaded guilty to producing a mobile phone video that showed a minor engaging in sexually explicit conduct. Michael Angelo Borromeo is a former Girl Scout Volunteer for the Girls Scouts of Minnesota and the Wisconsin River Valley. Mr. Borromeo was charged with several crimes including criminal sexual conduct (felony), child solicitation, and creating child pornography.

It is unfortunate that some volunteers and others who work with children will commit acts that are harmful to children. You can read more about this story at Former Scout Volunteer Pleads Guilty to Producing Child Pornography.

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

In Trenton, New Jersey, police arrested three juveniles and two adults who allegedly participated in a gang rape of a 7 year old. According to a story posted by the Associated Press, the 7 year old girl's stepsister (age 15) brought the girl to a party and sold the girls to others according to police and investigators. This is a most disturbing story which shows the poor judgment and callousness of teenagers and adults alike. Children should be protected by family members, friends, day care providers, and others. Children should not be taken to parties to be abused, molested, or raped. Hopefully, justice will prevail and the adults and juveniles who committed this crime will serve an appropriate prison term for their crimes. You can read more about this story at Arrests Made in Trenton, New Jersey Gang Rape of 7 Year Old Case.

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 Jay Foster, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A former day care worker at the New Beginning's Day Care Center in Moselle, Mississippi pleaded guilty to charges of child molestation and sexual battery. Derrick Williams (age 23) received the maximum criminal sentence according to Assistant District Attorney J. Ronald Parrish. The crimes involved the fondling of 4 and 5 year old girls who attended the day care center that was owned by Williams' mother.

It is certainly tragic that children were abused and neglected at a facility that should have been a safe haven and a place of education and fun for the children. It is quite unsettling that parents cannot trust that day care centers will provide for the safety and well being of children under their care. You can read more about this story at Ex Day Care Worker in Moselle, Mississippi Pleads Guilty to Crimes Involving Fondling of Children.