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
Fifty one pages of excuses why they did not do one right thing.
ReplyDeletehttp://statecasefiles.justia.com.s3.amazonaws.com/documents/maryland/court-of-appeals/72a07.pdf
Delete". . .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."
ReplyDeleteNow 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.
DeleteSadly, 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.
DeleteHow is your situation any different than any of the cases making the news?
DeleteMake 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.
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?
DeleteWhat does the County Executive say about this? the Governor? the head of the program? Have you documented this situation beyond reporting the crime?
Whom can I trust in our legislature?
DeleteNotify the entire Montgomery County Delegation.
DeleteThey 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 ;
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.
DeleteNotify 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.
Deletehttp://www.bethesdamagazine.com/Bethesda-Magazine/November-December-2017/Bethesda-Interview-John-McCarthy/
DeleteNotice 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.
DeleteThis may explain why.
Deletehttp://www.gazette.net/gazettecms/story.php?id=55763
All the more reason to notify legislature. If the SA has a conflict of interest, who should handle case?
DeleteAnd the Montgomery County Council needs to know.
DeleteWhat 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.
Article V, Section 7 of the Maryland Constitution addresses that issue.
DeleteIt is the legislature who has created the mess in the first place.
DeleteYes, 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.
With this statement MC absolved of any responsibility.
Delete"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."
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.
DeleteContacting "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.
Well they conveniently blame inaction on their interpretation of the legal technicalities. It might be more effective to contact the local newspapers.
DeleteThere 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.
DeleteWe are at the mercy of career politicians, who don't want to rock the boat or are too cozy with their status quo.
DeleteWhich 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.
DeleteIf 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.
DeleteWelcome to Montgomery County. You must be new here.
DeleteRead 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.
DeleteSadly, it is Montgomery County, Anywhere USA.
DeleteMaybe I should get a Bullhorn and start shouting, until I get justice.
DeleteYou 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.
DeleteAfter sending the same letter twice, certified, I got this bottom line response:
Delete“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.
Who is the letter from?
DeleteThe State's Attorney.
DeleteJohn McCarthy or an assistant? Any previous communications?
DeleteIt 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.
DeleteDecision was in a letter? Have you posted that?
DeleteEmail 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."
DeleteE-mail: parentscoalitionmc@outlook.com
DeleteIn 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?
DeleteExactly, 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
DeleteNo, the law has been changed since then.
DeleteI was referring to the conflict of interest.
DeleteAlso, a different law applies.
Are you ready to speak out and talk to the press?
DeleteAccording 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.
DeleteAnd the line was crossed as stated above.
Delete". . .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?
Re: Now you can tell...
DeleteEmails Send : 2
Emails Rec'd: 0
Sent to whom? The Parents' Coalition hasn't received any e-mails.
DeleteThe 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.
Deletehttp://www.gazette.net/gazettecms/story.php?id=34543
DeleteAlso, while this alleged predator in no longer in MCPS, the one in question still enjoys teaching students at MC.
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.
DeleteThe SA reply letter stated “... that the element of care and custody was not met.”
However, the temporary responsibility element was conspicuously overlooked.
I sent the letter to this email twice: parentscoalitionmc@outlook.com
DeleteGot it!
DeleteA 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.
DeleteThey will only respond to the press. They will never respond to a citizen.
DeleteYou Are 100% Right.
DeleteTheir Silence Infers Tacit Approval of the Problem.
They are in their annual mandatory training session:
Deletehttp://www.baltimoresun.com/politics/bs-md-sexual-harassment-training-20181210-story.html
http://www.mymcpnews.com/2020/02/19/acupuncturist-charged-with-fourth-degree-sexual-offense-for-inappropriately-touching-patient/
DeleteSo, inappropriately touching an adult patient results in a Fourth Degree Sexual Offense.
In sharp contrast, inappropriately molesting a minor student results is a doubting and perplexed prosecutor.
“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.”
ReplyDeleteApparently, this is a systemic problem that permeates all counties in MD.
ReplyDeletehttps://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)
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.
DeleteMaryland 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
I noticed that on page 50 of the opinion it states:
Delete"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.
No I have not, but it sounds like if the state cannot become famous it settles for infamous.
DeleteIt'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.
DeleteThe 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“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.”
DeleteMeanwhile, business as usual ;
Deletehttp://www.bethesdamagazine.com/Bethesda-Beat/2018/Election-Guide/Montgomery-County-States-Attorney/
It doesn't add up:
Deletehttp://www.bethesdamagazine.com/Bethesda-Beat/2018/County-police-report-violent-gang-related-crime-on-the-rise/
Oops! That page can’t be found.
DeleteIt 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/
I guess Boss Hogg is controlling the print media in Moco.
Deletehttp://web.archive.org/web/20180210220728/http://www.bethesdamagazine.com/Bethesda-Beat/2018/Election-Guide/Montgomery-County-States-Attorney/
Deletehttp://web.archive.org/web/20180724193033/http://www.bethesdamagazine.com/Bethesda-Beat/2018/County-police-report-violent-gang-related-crime-on-the-rise/
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!
DeleteOur local newspaper is the Chicago Tribune. Suggest you contact them. ex: http://www.chicagotribune.com/news/sns-bc-md--human-trafficking-20180616-story.html
ReplyDeleteThat about right, farsighted reporters and nearsighted politicians.
DeleteThat's because the Baltimore Sun is owned by the Chicago Tribune:
Deletehttp://www.baltimoresun.com/news/nation-world/sns-bc-md--human-trafficking-20180616-story.html
Finally, the Washington Post addressed this perennial issue with musicians harassing their students.
ReplyDeletewww.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
The MoCo justice mentality
ReplyDeleteDefies common sense reality
Seeking to dismiss depravity
With latent legal technicality.
Something is rotten in the city of Rockville. . .
DeleteThe sound acumen office?
DeleteArticle V, Section 7 of the Maryland Constitution:
Delete“…and shall be re-eligible thereto, and be subject to removal therefrom, for incompetency, willful neglect of duty, or misdemeanor in office, on conviction in a Court of Law, or by a vote of two-thirds of the Senate, on the recommendation of the Attorney-General.”
Are there any legal scholars out there who can determine why these two similar cases were handled differently?
ReplyDeletehttps://wjla.com/news/local/father-poses-loophole-in-maryland-sex-abuse-law
https://wjla.com/news/local/md-tennis-instructor-charged-for-alleged-sexual-relationship-with-teen-girl
Ref: https://www.mdcourts.gov/data/opinions/coa/2016/46a14.pdf
DeleteOn page 12. C. Caretaker Status:
It states,"It appears to be undisputed that he did have temporary responsibility for the supervision of Ms. K. during the time that she was in his martial arts class. "
It's bizarre that the tennis instructor case has since inexplicably vanished!
Deletehttps://www.facebook.com/7NewsDC/posts/maryland-tennis-instructor-claude-grady-is-accused-of-having-sex-with-a-16-year-/10157510605423734/
Delete"Maryland tennis instructor Claude Grady is accused of having sex with a 16-year-old girl over 30 times. Police say the encounters occurred before, during, and after practice."
Not quite it still lingers:
Deletehttps://www.fox5dc.com/news/montgomery-county-tennis-instructor-arrested-charged-with-sex-abuse-of-a-minor-authorities-say
https://twitter.com/KevinLewisNomad/status/1147117708732981249
https://wjla.com/news/local/md-tennis-instructor-charged-for-alleged-sexual-relationship-with-teen-girl
ReplyDeleteTimeframe: 2009-2011
Age of victim: 16-18
Alleged offender’s race: Black
Alleged offender’s employer: Montgomery Tennisplex
Authorities statement: Arrested and charged with sex abuse of a minor
https://wjla.com/news/local/father-poses-loophole-in-maryland-sex-abuse-law
Timeframe: 2006-2008
Age of victim: 17-19
Alleged offender’s race: White
Alleged offender’s employer: Montgomery College
Authorities statement: The circumstances do not fit elements required to bring charges in the laws as they are written at this time
http://insidemc.montgomerycollege.edu/details.php?id=32298&title=State's_Attorney_John_McCarthy_Teaches_MC_Students
ReplyDeleteBut, does he educate them about the campus predators preying on unwary students?
https://www.montgomerycollege.edu/academics/departments/business-economics-germantown-tpss/faculty-staff.html#cust-31-johnmccarthy-content-content
Deletehttps://wjla.com/news/local/priyant-sundas-private-music-teacher-chevy-chase-arts-academy-charged-alleged-sex-abuse-of-minors
ReplyDelete“allegedly engaged in sexual contact with more than one juvenile student” during private lessons, according to a press release.
In MoCo the Sexual Assault law is interpreted as follows:
ReplyDeleteCase 1: Father inside the same studio with teacher and student.
Charges filed against father for assault and battery.
Case 2: Father in the vicinity of the studio with teacher and student.
Charges are not filed against either party.
Case 3: Father not in the vicinity of the studio with teacher and student..
Charges could be filed against teacher, but dismissed later.
We are in good hands: https://shorturl.at/wBK35
DeleteWelcome to MoCo where abused animals have more rights than abused teenagers:
Deletehttps://www.fox5dc.com/news/new-animal-abuse-bill-in-maryland-would-boost-penalties
We are in good hands: https://shorturl.at/kqzKS
DeleteFinding justice in Montgomorah County is like looking for a needle in a haystack:
Deletehttps://www.marylandattorneygeneral.gov/Opinions%20Documents/1997/82oag58.PDF
In 1993, the State's Attorney for Montgomery County brought child sex abuse charges against a middle school teacher who had weekly sexual contact with a fourteen-year-old student of his after school hours at a park or shopping center near the school. At trial, the court dismissed the child abuse charge after the prosecution rested its case. The court ruled that the State had failed to prove a key element of the charge ─ that the teacher had "permanent or temporary custody or responsibility for supervision of the child." Since the dismissal of charges in that case, prosecutors and police have been hesitant about charging school teachers and counselors under similar circumstances.
The horrific irony is that I home schooled her in order
Deleteto shield her from the trash that gathered daily at the "Middle School of Excellence" but I failed to save her
from the garbage that had collected at "Maryland's
Premier Community College."
https://mcadvocate.com/1292/news/faculty-jazz-concert/
Now that the Augean stable was finally cleaned, there was a plethora of bills that made it past the MGA gauntlet.
ReplyDeletehttps://legiscan.com/MD/bill/HB226/2023
The Final Chapter waiting for Maryland Justice: https://shorturl.at/bcM24
DeletePredators go on unpunished
ReplyDeleteBecause our lawmakers failed
To agree among themselves
Hence they should be jailed!