Child Injury Lawyer Blog

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.

By George R. Fusner, Jr. and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Tennessee, children in public and private schools should be educated in a safe environment. Unfortunately, many teachers and school employees have violated the trust of their positions and have engaged in sexual misconduct with children. Whether it happens in high school, middle school or elementary school, it is still wrong and violative of State laws and school board policies and procedures. It was recently reported at the Tennessean Website that a former high school band director returned to jail for the alleged violation of a bond that required him to have no contact with his 16 year old accuser. James Tucker was arrested in December 2009 following an investigation at Summertown High School (Tennessee) for sexual misconduct with the 16 year old student. He was released on bond under the condition that he have no contact with his accuser.

Mr. Tucker has the right to criminal defense representation in the criminal case. The case will turn on the available evidence which will include testimony. While it was not reported one way or another in this particular case, many cases these days also involve electronic / internet / computer evidence in the form of e mails, voice mails and text messages. This evidence often times help prove the criminal conduct as well as the intent of the criminal defendant.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Parents have both a moral and legal obligation to protect their children from harm. Most parents do a great job as parents, caregivers, and educators of their children. In protecting our children, there are a great many resources and educational programs that can help parents with these most important responsibilities. The Lil' Iguana Children's Safety Foundation has a mission of educating children (ages 2 through 8) about the dangers of sexual predators and serious accidental injuries. Through educational products, videos, and live events, the lessons presented by Lil' Iquana can help save a child from harm, injury, and even death. No educational program can guarantee safety for a child or protect a 24 / 7 shield for the child; however, programs like Lil' Iguana can help provide a child to better understanding of dangers. Furthermore, these educational programs gives the child some basic techniques for avoiding danger. You can read more about Lil' Iguana at the official website for the Lil' Iguana Children's Safety Foundation.

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

For years, the public has heard horror stories on how the Catholic Church in dioceses throughout the United States and abroad knew about sex abuse and molestation cases yet stood by or even helped thwart investigations regarding the same. An interesting article was recently posted at the Ashbury Park Press (New Jersey) Website titled Orthodox Moves to End Silence. The article details instances where children were sexual assaulted or abused yet little to no action was taken by community leaders to address or investigate the problem. Tight knit religious communities internalize many functions and incidents without involving outside authorities. Unfortunately, many sexual abuse and assault incidents including those in or around the Orthodox Jewish Communities may have been "swept under the rug" rather than properly investigated and prosecuted. The fact that a crime is committed by a religious person or in or near a religious community does not change the fact that a crime has been committed. This is a simple maxim apparently is more complicated when dealing the intricacies of religious culture and community.

By Sara J. Powell, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

The AZ Central Website recently published an article about the arrest of a man (Joseph Edward Roberts) who is suspected of molesting / sexually assaulting several young girls over a period of years. It was reported that Mr. Roberts would target young girls from economically struggling families. He would bring them in and buy them cell phones and take them on trips. Along the way, Mr. Roberts would groom these young girls for sex according to the allegations made against him.

Mr. Roberts will be entitled to defend himself on these charges. It will be interesting to see what evidence is gathered against Mr. Roberts. Some of the evidence may be from eyewitness and victim testimony. Other evidence may be electronic. This may include possible incriminating e mails and text messages. it appears that police have already done a good bit of investigative work so far and plan on doing much more. Anyone with information regarding this matter should immediately contact the Phoenix Arizona Police Department.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

It was reported by the Associated Press that Roman Polanski will be placed under house arrest pending the decision of the Swiss Justice Ministry to extradite Mr. Polanski back to Los Angeles, California to face criminal charges for the rape of a 13 year old girl. Many child safety advocates and others question why Roman Polanski is getting such preferential treatment for the crimes that he committed. It is also baffling because Roman Polanski skipped out on serving his prison sentence in California so many years ago. The passage of time does not lessen the severity of the crime or the need to punish the criminal for his wrongdoing.

In 2009, a former Huntington Beach, California teacher was sentenced to four years in prison for having sex with a 14 year old girl. Why are Roman Polanski's crimes any less reprehensible than the crimes of this former teacher? Furthermore, it should be noted that Roman Polanski also drugged the 13 year old that he had raped and molested. Roman Polanski should remain in prison and extradited to the United States to serve a prison sentence for his crimes. It would be interesting to hear how Roman Polanski would differentiate his crimes from that of this school teacher and other child predators. A crime is a crime. There is no viable criminal defense to Roman Polanski's conduct by the fact that he has directed several good movies. A crime committed by a talented film director is still a crime.

Roman Polanski to Be Released on Bail to House Arrest
AP
Swiss Justice Ministry says it will release Roman Polanski on bail to house arrest in Gstaad.

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GENEVA -- The Swiss government says it will release Roman Polanski on bail and place him under house arrest at his chalet in the Alps.

The Justice Ministry says in a statement released Thursday that Polanski will be transferred as soon as possible.

A Swiss court has granted Polanski release on a bail of $4.5 million and under condition of electronic monitoring and house arrest.

The bail does not affect the Justice Ministry's pending decision on whether to extradite the 76-year-old director to the United States for having sex in Los Angeles in 1977 with a 13-year-old girl.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Bishops of the Roman Catholic Church in Dublin had a duty and responsibility to look after, guide, and counsel their parishioners including children. Unfortunately, many of the Bishops used their authority and position to sweep or cover up years of child abuse and molestation. An expert commission report concluded that the bishops put the reputation of the church as a bigger priority than the arrest and exposure of child molesters. It also appears that church reputation was prioritized over the safety of children. You can read more about this story at Experts - Priests Covered Up Priests' Child Abuse. The actions or inactions by the Roman Catholic Church in Dublin are not isolated. Other churches throughout Europe and the United States acted with similar callousness and disregard to the safety, welfare, and rights of innocent children. The Roman Catholic Church in Dublin should have been a safe haven and refuge for these children rather than a site of abuse, neglect, and molestation.

By Roy S. Dickinson, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A former Wyandotte school teacher is facing criminal molestation charges. In Ottawa County (Oklahoma), District Attorney Eddie Wyant stated that the charges stem from molestation allegations against two former students of Brian Matthew Rash, now age 38. Mr. Rash was arrested in Missouri and will be extradited back to Oklahoma to face these charges. According to a news story posted at the Oklahoman Newspaper Website - www.newsok.com -, two students have come forward with allegations that Rash molested a number of times. One child reported that the incidents took place when he was between the ages of 10 and 13. The other child reported that the molestation began when he was in the 5th grade. Police investigators even obtained an Affidavit from Rash's ex wife who stated that Rash "loved" one of the students and "could not imagine life without him".

It will be interesting to see what other evidence is gathered against Rash.
Furthermore, it will be interesting to see what Rash admits to if anything. Of course, Rash will be entitled to defend himself against these charges through a private or court appointed criminal defense attorney.

It is disturbing that there continue to be reports and incidents of teachers and coaches who molest and rape students. Teachers and coaches are in a position of trust and should not misuse this trust and position to abuse children.

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

School bus drivers and teachers have a duty to provide for the education and safety of children. When a person takes a job of such importance and responsibility, it is vital that the person is mature, ethical, and has common sense. The purpose of these supervisory jobs is to watch or care for children not date them. In various States including Georgia, there have been reports of teachers and other school employees have inappropriate relationships / sexual relationships with students. In Georgia, the age of consent for sexual intercourse is 16 years old; however, there are exceptions to the law if an adult has a supervisory position like a teacher or bus driver over the student. In Union County, Georgia, Jacqueline Connally, age 22, was recently arrested for having an alleged inappropriate relationship with a student according to a story posted in the Atlanta Journal Constitution Newspaper website. At the time of the incident(s), the student was 16 years old. Another student had reported the relationship to authorities. The news story did not report what evidence other than this testimony would be presented to support the charges. In other cases throughout the nation, valuable evidence was presented after obtaining records from mobile phones an Internet Service Providers as well as from sites like Facebook. There are often times an electronic trail of evidence to support these crimes / inappropriate relationships. Teachers and other school district employees should focus on their jobs and date or avoid inappropriate relationships or the appearance of inappropriate relationships with students.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

The mother of a special needs child and active blogger has come out with a list of actions parents of special needs kids can take to protect their children from predators. She suggests that parents teach their special needs children the following:

• It is not appropriate for an adult to ask a child for help. Respond to requests with “Let me get my Mom or Dad.”
• Always let a parent or responsible guardian know where you will be and check in frequently.
• Make sure the child knows your home address and contact information. If the child has trouble memorizing this information, a laminated card or metal tag (worn out of sight) may help.
• Think about giving the child a cell phone with your number and any emergency numbers programmed in.
• Make sure the child knows how to dial 911 in an emergency.
• Have a special word that only trusted family members know. Let the child know not to go with anyone who doesn’t know the special word.
• Make sure the child knows not to go near strange cars or strange people.
• If the child is alone, scared or in trouble, teach them to ask for help from a mother with children, even if she is a stranger. This is the safest stranger for him to ask for help.
• Parents should always have a current photo of the child and make a mental note of what they are wearing each day.
• If your child is missing, contact authorities and ask them to enter your child’s information into the National Crime Information Center’s Missing Person File. Then call the National Center for Missing and Exploited Children at 1-800-THE-LOST.

While these guidelines were developed for parents of special needs children, most of them are applicable to any child. The best defense against predators is a good offense – that means teaching your child how to be safe.

You can read more details on these tips at Guidelines For Protecting Special Needs Kids From Predators.

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

In Richmond, California, police and investigators continue to search for witnesses and participants in a horrendous gang rape incident that took place outside of a homecoming dance. Police recently reported that at least 10 participated in the assault while 10 others watched. What a terrible and unforgivable incident? The ten who participated are criminals and should serve time for their crimes. The victim was 15 years old. An interesting law passed in 1999 in California makes it a crime for the failure to report a crime committed against a child 14 and under. While the witnesses may not have committed a crime under this law, their lack of action and contribution as spectators should certainly be scrutinized and categorized as a crime if possible under other California statutes, ordinances, and / or case law. Forensic evidence has been collected which includes DNA evidence of several of the criminals involved in the assault. It was reported that the assault took place over a 2 1/2 hour time period. Even the Richmond, California School District has admitted some liability for these acts by the statements of Charles Ramsey, a member of the Richmond School Board. Mr. Ramsey stated that the school district bears some responsibility for the attack (assault) based on the lack of or inadequate supervision in the area of the attack. You can read more about this story and the related investigation at As Many As 20 Involved in Assault on 15 Year Old California Girl Outside of Homecoming Dance.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

The Roman Polanski case has brought out comments and opinions from politicians, public figures, movie industry executives, and celebrities including but not limited to Howard Stern. Many people find Howard Stern to be controversial. Some find him to be rude. What many do not know about Howard Stern is that there is often times a serious side or serious message to his satellite radio show played on Sirius Satellite Radio. Some times in life, it is important to pay more attention to the message rather than the messenger. Howard Stern and his on-air colleagues at Sirius were on the right mark with Roman Polanski. Rather than focus on Polanski's life achievements, work, and talent as a director, Howard Stern focused on the crime itself. The bottom line is that Roman Polanksi raped a 13 year old girl. The crime, whether it happened yesterday or 30 years ago, warrants a prison sentence in the State of California and some justice. You can listen to Howard Stern's comments at Howard Stern Discusses Roman Polanski Arrest. Whether you like Howard Stern or not, he happens to be right when it comes to the Roman Polanski arrest and extradition proceedings.

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

In Hawthorne, California, a jury recently convicted an owner of a day care center of lewd acts on two young girls (ages 4 and 6). According to CBS News, Tito Ruiz was found guilty of the crimes. The criminal investigation and trial revealed allegations by two girls who reported that they were touched by Mr. Ruiz while at the day care center. All of the details of the trial were not reported. In cases of this nature, it would be important to know the following:

What kind of criminal background (if any) did Mr. Ruiz have prior to these reported incidents?

How many times did Mr. Ruiz inappropriately touch or molest the children?

What evidence was presented as to the crimes? Testimony of the children?
Photographs? Videotape? Medical examination? Forensic evidence?

Did Mr. Ruiz testify at trial?

Did any employees of the day care center testify at trial?

Day care center should be a haven of safety for children. Unfortunately and tragically, many day care centers are the sites of abuse, neglect and molestation for children who are unable to defend themselves against such predators.

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

The Roman Catholic Diocese in Bridgeport, Connecticut sought to block the release of documents related to a number of sexual abuse / molestation cases previously brought against the church. The documents related to lawsuits that were settled by the church in the past. Newspapers had previously sought to obtain access / release to more than 12000 pages of documents from 23 lawsuits that were filed based on the alleged actions of six priests. The records have been sealed since the cases were settled in 2001. The release of these documents may help publicized prior bad acts of priests and may, in turn, encourage other victims to step forward. You can read more about this story at Supreme Court Denies Church Request to Block Records Release to Newspapers.

By Scott Soutullo, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Tuscaloosa, Alabama, FOX News and other media outlets reported a very disturbing story, as follows: Issac "Andy" Baker served the citizens of Alabama for 25 years as a patrol officer between 1975 and 2000. Mr. Baker's wife ran an in home day care center. A young girl stated that Mr. Baker sodomized her at the in home day care center. As a result of the young girl's allegations, a grand jury recently handed down an indictment of Mr. Baker. If the allegations are true, then this case is quite distrubing. Apparently, the grand jury took the allegations seriously enough to hand down the indictment.

Of course, Mr. Baker will be entitled to a criminal defense attorney on this matter. While FOX News and others reported the indictment, details of evidence were not reported. As such, it would be interesting to know the following:

*When did the girl report the abuse?

*Is there any forensic evidence that supports the allegations?

*Were any statements made by Mr. Baker, his wife, or other potential witnesses?

*Have there been allegations in the past?

*Was a medical examination performed on the child?

*If so, what did the medical examination reveal?

*What evidence / testimony was presented to the grand jury?

This case is disturbing in that parents these days may not be able to even trust that a former officer is a safe person to be around children. Criminal background checks help screen out dangerous people with a criminal history of violence or crimes against children; however, if the dangerous person has never been caught - then the criminal background check will be clear. The bottom line is that parents can never be too careful with their children's safety. You can read more about the indictment of Mr. Baker at Former Alabama Police Officer Indicted for Sodomy Charges against Child in Day Care Center.

The arrest of Roman Polanski recently in Switzerland has resulted in comments and opinions from famous people around the world including Whoopi Goldberg. A recent article posted at the Politics Daily website noted the comments of Ms. Goldberg and others. The author of the article, Domenica Machetti, rightly pointed out crimes were committed by Mr. Polanski that are unfairly being trivialized or excused by celebrities and other famous / powerful people. In considering this story, it appears that many people are defending Mr. Polanski since he is a famous and talented person. But really, can his actions be defended at all? It has been reported that Mr. Polanski gave drugs and alcohol to a thirteen year old girl and then proceeded to rape or have sex including anal sex (sodomy) and oral sex. If Mr. Polanski was an unknown school teacher who committed these crimes in the 1970s, would any celebrities be coming out for his defense? If there was a video tape showing Mr. Polanski raping this young girl, would Whoopi Goldberg still comment that rape is not really rape? You can praise Mr. Polanski all you want for his movies and career in the movie industry. However, do not defend a child rapist. As pointed out by Domenica Marchetti in her article, Mr. Polanski "needs to be brought back to faxe the consequences of his despicable actions."

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 David Wolf, Attorney
Published by Child Injury Lawyer Network

Raymond Vance Fulkerson worked as a professor at the University of Northern Colorado. He also had children at his home for voice and acting lessons. Professor Fulkerson has been accused of videotaping children while going to the bathroom at his home. Criminal charges were filed as a result of these alleged acts. A video camera was found in Fulkerson's bathroom. At this time, the Professor is on leave pending the disposition of these allegations.

It is quite disturbing that people in positions of trust like professors, teachers, health care providers, and others have a sick and twisted perversion that would prompt them to commit these horrendous and immoral crimes. You can read more about this story at Professor Resigns After Allegations of Filming Children Using Bathroom.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Roman Polanski is a famous and talented director who has been honored with awards. He is also a man who has been on the run from the law / authorities in California for over 30 years. Rather than serve a prison term that he faced for crimes committed in California, Roman Polanski fled to Europe. On a recent visit to a Switzerland film festival, Mr. Polanski was arrested and now faces extradition to the United States. Through the years, Mr. Polanski has benefited from his fame and skills as a movie director. These attributes are not defenses to the crime committed. Like anyone else, Mr. Polanski should be extradicted to the United States to face the punishment and criminal sentence for crimes that he has admitted to. Mr Polanski pled guilty to having sexual intercourse with a 13 year old girl. Many child advocates would refer to these acts as child rape rather than sexual intercourse. Whatever terminology is used - a crime is a crime and Mr. Polanski should be punished for these crimes. Of course, Mr. Polanski will be entitled to an attorney to represent him in this matter. You can read more about this story at
Switzerland Authorities Arrest Roman Polanski for Possible Extradition to the United States in Sex Case.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Idaho and other states, parents entrust the safety and welfare of their children. It is the duty of a babysitter to act in the best interests of the child and make sure that the child is kept safe under the babysitter's supervision and guidance. In Post Falls, Idaho, a 28 year old woman (Summer Nelson) is charged with the crime of having sex with a 14 year old child under her care. It was reported that the woman molested the child on at least 4 occasions and expressed her love for the child to others.

Summer Nelson was a friend of the boy's mother. If the criminal allegations are true, Ms. Nelson abused her position of trust and took advantage of this child. The crime truly is no different had a 28 year old man molested a 14 year old girl. You can read more about this story at Idaho Babysitter Charged with Crime of Having Sex with 14 Year Old Boy.