Thursday, July 12, 2018

Read this MD Ct. of Appeals Opinion if Your Child is Sexually Assaulted in a Tutoring Session, a Music Lesson, a Martial Arts Class or Other Situation Where Someone is Responsible for Supervision of Your Child

This understanding of the statute nearly resolves this appeal. Mr. A. [teacher] had responsibility for the supervision of Ms. K. [minor child] when she was in his class, but that responsibility ended when she departed the martial arts studio and her parents resumed their responsibility – thereby terminating the implied consent of the parents and the instructor’s duty to supervise. (Page 15)

https://www.mdcourts.gov/data/opinions/coa/2016/46a14.pdf

74 comments:

  1. Fifty one pages of excuses why they did not do one right thing.

    ReplyDelete
    Replies
    1. http://statecasefiles.justia.com.s3.amazonaws.com/documents/maryland/court-of-appeals/72a07.pdf

      Delete
  2. ". . .while the conduct you described certainly met the definition of exploitation/molestation as required in section 3-602, I did not know if we could prove that the perpetrator “had permanent or temporary care or custody or responsibility for the supervision of a minor,” because your father was present outside the room at all of your lessons."

    ReplyDelete
    Replies
    1. Now you can tell the State's Attorney's office that they can prove the perpetrator had temporary care or custody or responsibility for the supervision of a minor. As stated in Wicomico, when the child was in class the instructor had responsibility for supervision. The exact location of the parents and guardians is never discussed in this Opinion. There is even references to home schooling situations where one would presume parents or guardians would be in close proximity.

      Delete
    2. Sadly, I have sent him four letters and three have gone unanswered. I strongly feel that it's a red herring argument. The real reason is a conflict of interest issue that he does not want to deal with. Something he has dealt with in the past with another perpetrator.

      Delete
    3. How is your situation any different than any of the cases making the news?

      Make sure you are documenting the response from the SA far and wide. Let our legislature know that our SA is not filing charges in your case.

      Delete
    4. So our State's Attorney is refusing to prosecute an alleged sexual predator? The SA has the evidence of a crime, knows he has the elements of a crime, has contact with the vitim, but will not file charges?

      What does the County Executive say about this? the Governor? the head of the program? Have you documented this situation beyond reporting the crime?

      Delete
    5. Whom can I trust in our legislature?

      Delete
    6. Notify the entire Montgomery County Delegation.
      They all need to know. Many of the Montgomery County Delegation are unaware that sexual abuse of children is an issue in Montgomery County. Apparently they do not watch the local news.

      There will be more attempts to pass legislation to protect children in the next legislative session. Now is the time to educate our legislators as to the reality exists in Montgomery County. They are free to take action on this issue at any time.

      :
      anne.kaiser@house.state.md.us ; eric.luedtke@house.state.md.us ; pam.queen@house.state.md.us ; kathleen.dumais@house.state.md.us ; david.fraser.hidalgo@house.state.md.us ; aruna.miller@house.state.md.us ; bill.frick@house.state.md.us ; ariana.kelly@house.state.md.us ; marc.korman@house.state.md.us ; kumar.barve@house.state.md.us ; jim.gilchrist@house.state.md.us ; andrew.platt@house.state.md.us ; alfred.carr@house.state.md.us ; ana.gutierrez@house.state.md.us ; jeff.waldstreicher@house.state.md.us ; bonnie.cullison@house.state.md.us ; benjamin.kramer@house.state.md.us ; marice.morales@house.state.md.us ; sheila.hixson@house.state.md.us ; david.moon@house.state.md.us ; jheanelle.wilkins@house.state.md.us ; charles.barkley@house.state.md.us ; kirill.reznik@house.state.md.us ; shane.robinson@house.state.md.us ; brian.feldman@senate.state.md.us ; susan.lee@senate.state.md.us ; cheryl.kagan@senate.state.md.us ; richard.madaleno@senate.state.md.us ; roger.manno@senate.state.md.us ; will.smith@senate.state.md.us ; nancy.king@senate.state.md.us ;

      Delete
    7. There will be new legislators in January, but for now that is the list of our current elected legislature. They have time to act now.

      Delete
    8. Notify the Montgomery County Council. Who is your District Councilmember? They have oversight. They fund public schools, Montgomery College and non-profit organizations in the County.

      Delete
    9. http://www.bethesdamagazine.com/Bethesda-Magazine/November-December-2017/Bethesda-Interview-John-McCarthy/

      Delete
    10. Notice how McCarthy does not mention the Lawrence Joynes, Jose Pineda or John Vigna cases. Nothing about MCPS teachers/staff who have been arrested and convicted of sexually abusing our public school students.

      Delete
    11. This may explain why.
      http://www.gazette.net/gazettecms/story.php?id=55763

      Delete
    12. All the more reason to notify legislature. If the SA has a conflict of interest, who should handle case?

      Delete
    13. And the Montgomery County Council needs to know.

      What we see in the media over and over again with regard to allegations of sexual abuse of children is that reports were made to people in positions of authority who the victim "thought" would do their job. Reports were made and nothing happened. The cure for that is what is happening today. Tell more people in positions of authority. Keep telling until they take action. That's the lesson we see from current events.

      Delete
    14. Article V, Section 7 of the Maryland Constitution addresses that issue.

      Delete
    15. It is the legislature who has created the mess in the first place.
      Yes, I had contacted several of them, but only one responded.
      The reply stated it was too late in the calendar to consider any new initiatives.

      Delete
    16. With this statement MC absolved of any responsibility.
      "Also beyond a general denial, Mr. X, did not specifically respond to the allegations concerning the alleged activity, which occured during the private tutoring lessons."

      Delete
    17. What mess? There is a law on the books. If the law won't be enforced by the State's Attorney then the problem is not the law.

      Contacting "several of them" will do nothing. You have to notify ALL of them. Again, notification must be far and wide. That is the lesson that has been learned nationwide in these cases. Only notifying those you "think" will do the right thing doesn't cut it. Notification must go way, way beyond that.

      Delete
    18. Well they conveniently blame inaction on their interpretation of the legal technicalities. It might be more effective to contact the local newspapers.

      Delete
    19. There are no local newspapers anymore. There are a couple of blogs that focus on specific neighborhoods but there are not investigative newspaper reporters that cover Montgomery County.

      Delete
    20. We are at the mercy of career politicians, who don't want to rock the boat or are too cozy with their status quo.

      Delete
    21. Which is why notification of violations of the law have to be put out to a much, much wider audience than just a few officials. Again, that is the lesson from all of the cases that have received national attention. Just telling one or two officials, thinking they would act, has not done anything. Those in positions of authority need to know that they are being watched.

      Delete
    22. If we have to resort to such tactics, in order to convince those that have taken an oath of office to perform their duties, then we do not have a society that functions under the rule of law.

      Delete
    23. Welcome to Montgomery County. You must be new here.

      Delete
    24. Read blog posts on Lawrence Joynes, Jose Vigna and John Vigna for starters. In each of those cases those in positions of authority KNEW that students were in danger of sexual exploitation by MCPS and yet those individuals were left IN CLASSROOMS. These are not rumors, the knowledge of those in positions of authority was documented. Also see the posts on Daniel Picca with the letters from two previous superintendents.

      Delete
    25. Sadly, it is Montgomery County, Anywhere USA.

      Delete
    26. Maybe I should get a Bullhorn and start shouting, until I get justice.

      Delete
    27. You can also make the response you got from the State's Attorney public. Redact personal information and show the public the kind of response Montgomery County has to these types of incidents.

      Delete
    28. After sending the same letter twice, certified, I got this bottom line response:
      “I have reviewed the facts you set forth in your letter. None of the information changes the decision that my office made. I agree that it is incumbent upon public officials to do everything possible to protect the public and vulnerable individuals. My office takes this mandate very seriously, and we have upheld our responsibilities in this investigation. I recognize that you feel differently, but there is
      not enough evidence to pursue a criminal case in this matter.”
      My three subsequent argument letters, to date, remain unanswered.

      Delete
    29. The State's Attorney.

      Delete
    30. John McCarthy or an assistant? Any previous communications?

      Delete
    31. It is signed by him. This was in response to my request to reconsider their decision based, on thirteen facts, and I had requested a meeting.

      Delete
    32. Decision was in a letter? Have you posted that?

      Delete
    33. Email excerpt ". . .while the conduct you described certainly met the definition of exploitation/molestation as required in section 3-602, I did not know if we could prove that the perpetrator “had permanent or temporary care or custody or responsibility for the supervision of a minor,” because your father was present outside the room at all of your lessons. I wanted to learn more and to have the facts looked at more closely by trained investigators. After reviewing your interview with the detectives, I concluded that we did not and do not have enough evidence to prove this element beyond a reasonable doubt."

      Delete
    34. E-mail: parentscoalitionmc@outlook.com

      Delete
    35. In the case of Dr. Larry Nasser, in Michigan at Michigan State University, parents were in the room. That did not prevent his arrest. Why is Montgomery County different?

      Delete
    36. Exactly, they blamed the parent, who escorted his child to every lesson in order to deter exploitation, molestation, grooming and abuse. Adding insult to injury was taken to a whole new level. Perhaps they wanted to avoid a repeat of this fiasco: http://www.gazette.net/gazettecms/story.php?id=34543

      Delete
    37. No, the law has been changed since then.

      Delete
    38. I was referring to the conflict of interest.
      Also, a different law applies.

      Delete
    39. Are you ready to speak out and talk to the press?

      Delete
    40. According to their logic, I should have trusted the teacher, alone with my daughter, for hourly lessons once a week. After all, he was a faculty member of MC and highly recommended by the department. If in the unlikely event he would cross the line, then I would have a case against him.

      Delete
    41. And the line was crossed as stated above.

      ". . .while the conduct you described certainly met the definition of exploitation/molestation as required in section 3-602, ...

      Are you ready to speak out and talk to the press?

      Delete
    42. Re: Now you can tell...
      Emails Send : 2
      Emails Rec'd: 0

      Delete
    43. Sent to whom? The Parents' Coalition hasn't received any e-mails.

      Delete
    44. The Special Victims Division is responsible for the prosecution of all physical and sexual child abuse, child neglect, domestic violence, senior and vulnerable adult abuse, and child abduction cases in the county. The Special Victims Division is located in the Family Justice Center, an all inclusive location which serves the needs of domestic violence victims in Montgomery County.

      Delete
    45. http://www.gazette.net/gazettecms/story.php?id=34543
      Also, while this alleged predator in no longer in MCPS, the one in question still enjoys teaching students at MC.

      Delete
    46. Maryland Code 3-602 (b)(1) States: A person who has temporary care or custody or responsibility for the supervision of a minor may not cause sexual abuse to the minor.
      The SA reply letter stated “... that the element of care and custody was not met.”
      However, the temporary responsibility element was conspicuously overlooked.

      Delete
    47. I sent the letter to this email twice: parentscoalitionmc@outlook.com

      Delete
    48. A week ago, I emailed the entire Montgomery County Delegation of the Maryland General Assembly, whose purpose is to enact laws necessary for the welfare of the State's citizens. To date, all thirty-two members have been quiet as a church mouse.

      Delete
    49. They will only respond to the press. They will never respond to a citizen.

      Delete
    50. You Are 100% Right.
      Their Silence Infers Tacit Approval of the Problem.

      Delete
  3. “Most predators are not strangers, they are people we know and they not only groom the victim to trust them, but groom the entire family into believing they are no threat. Their entire goal is threefold: access, allure, alibi...the more access they have into the child's environment, the greater their success.”

    ReplyDelete
  4. Apparently, this is a systemic problem that permeates all counties in MD.
    https://www.mdcourts.gov/data/opinions/coa/2016/46a14.pdf
    "I can tell you, no prosecutor is going to pick up this case. There’s too much
    to do out there to pick up a case where a teacher’s maybe exploiting a child.
    I mean, that—the law enforcement went very far and investigated it, but these
    are the kinds of cases that don’t get prosecuted. So, the only record of them,
    frequently, is the local department’s ability to maintain its files." (Page 50)

    ReplyDelete
    Replies
    1. Yes, have you watched the Netflix series "The Keepers?" The last episodes of that series explain why the Maryland legislature will not protect children from sexual abuse.

      Maryland is an outlier because of our legislature.

      http://wjla.com/features/7-on-your-side/only-two-states-have-no-penalties-for-failing-to-report-child-sex-abuse-maryland-is-one-of-them

      Delete
    2. I noticed that on page 50 of the opinion it states:
      "FL § 5-701 is the only means by which a county’s Department of Social Services may take action against a sexual predator where, as here, the State elects not to prosecute the sexual predator."
      I wonder if the 'MC Department of Social Services' would step up to the plate.

      Delete
    3. No I have not, but it sounds like if the state cannot become famous it settles for infamous.

      Delete
    4. It's not the State that has settled, it's the citizens. If parents and guardians don't speak up the status quo remains in place. Maryland parents tolerate their children not being safe in public schools and in other educational settings. It's a choice.

      Delete
    5. The hardworking parents and guardians form the backbone of the system that elects and supports these 'community leaders' believing in good faith, since they are also parents themselves, they'll do the right thing. In reality, power corrupts and absolute power corrupts absolutely.

      Delete
    6. “In Maryland, State's Attorneys are independently elected officials and do not come under the authority or supervision of the Attorney General. The decision to prosecute a criminal case or not, lies within the sound discretion of the State's Attorney.”

      Delete
    7. Meanwhile, business as usual ;
      http://www.bethesdamagazine.com/Bethesda-Beat/2018/Election-Guide/Montgomery-County-States-Attorney/

      Delete
    8. It doesn't add up:
      http://www.bethesdamagazine.com/Bethesda-Beat/2018/County-police-report-violent-gang-related-crime-on-the-rise/

      Delete
    9. Oops! That page can’t be found.

      It seems that the goblins at Bethesda Beat are working overtime!

      http://www.bethesdamagazine.com/Bethesda-Beat/2018/Election-Guide/

      http://www.bethesdamagazine.com/Bethesda-Beat/2018/County-police-report-violent-gang-related-crime-on-the-rise/

      Delete
    10. I guess Boss Hogg is controlling the print media in Moco.

      Delete
    11. http://web.archive.org/web/20180210220728/http://www.bethesdamagazine.com/Bethesda-Beat/2018/Election-Guide/Montgomery-County-States-Attorney/

      http://web.archive.org/web/20180724193033/http://www.bethesdamagazine.com/Bethesda-Beat/2018/County-police-report-violent-gang-related-crime-on-the-rise/

      Delete
    12. A word to the wise. Take screen shots of any Bethesda Beat articles of interest because they are subject to change, move or disappear without prior notice!

      Delete
  5. Our local newspaper is the Chicago Tribune. Suggest you contact them. ex: http://www.chicagotribune.com/news/sns-bc-md--human-trafficking-20180616-story.html

    ReplyDelete
    Replies
    1. That about right, farsighted reporters and nearsighted politicians.

      Delete
    2. That's because the Baltimore Sun is owned by the Chicago Tribune:
      http://www.baltimoresun.com/news/nation-world/sns-bc-md--human-trafficking-20180616-story.html

      Delete
  6. Finally, the Washington Post addressed this perennial issue with musicians harassing their students.
    www.washingtonpost.com%2Fentertainment%2Fmusic%2Fassaults-in-dressing-rooms-groping-during-lessons-classical-musicians-reveal-a-profession-rife-with-harassment%2F2018%2F07%2F25%2Ff47617d0-36c8-11e8-acd5-35eac230e514_story.html

    ReplyDelete
  7. The MoCo justice mentality
    Defies common sense reality
    Seeking to dismiss depravity
    With latent legal technicality.

    ReplyDelete

If your comment does not appear in 24 hours, please send your comment directly to our e-mail address:
parentscoalitionmc AT outlook.com