MCPS Parents: You Were WARNED and Now it is Your Reality. Teachers who were Convicted of Sexually Abusing Students or Assaulting Students are Having Their Convictions ERASED.

Last year, advocate Ellen Mugmon warned parents that the Maryland Justice Reinvestment Act would allow Sex Offenders to Expunge their records.  Click here to read her warning. 

The Maryland Justice Reinvestment Act had been passed in 2016, and took effect October 1, 2017.

In 2017, Maryland Senator Gail Bates (Carroll and Howard Counties) attempted to correct the section of the Justice Reinvestment Act that would allow sex offenders to expunge their records by introducing Senate Bill 774.

Vote to kill Bill that would have prevented
Sex Offenders from Expunging Their Convictions.

But Senator Bates' bill died in the Senate Judicial Proceedings Committee with the entire committee voting to kill the bill.  Included on the Committee that voted to kill the bill were Montgomery County Senators Susan Lee and William C. Smith. 

By killing the bill, these Senators allowed the Justice Reinvestment Act to become law on October 1st as written.  Thus, allowing sex offenders to have their records expunged.

And exactly as Ellen Mugmon predicted, former MCPS Meadow Hall Elementary School teacher Timothy Krupica has filed to have his conviction expunged.

In researching we have found three other Montgomery County teacher convictions from the last 4 years that no longer appear in the public court records.

One former MCPS teacher was even able to have his conviction expunged from the public records and his registration as a Sex Offender removed.

Krupica Petition for Expungement in court docket.

ABC7: Convicted [MCPS] teacher taken off Md. sex offender registry, could possibly teach again

ROCKVILLE, Md. (ABC7) — A former Montgomery County teacher, convicted of sexting with a female student, has been taken off the sex offender registry and could be eventually cleared to teach again.

In 2014, Richard Shemer, a former social studies teacher at Albert Einstein High School in Kensington, confessed to sending a female student dozens of sexually explicit emails.

Montgomery County Judge David Boynton sentenced Shemer to a year in prison, of which Shemer served a few weeks.

Three years later, and off probation, Judge Boynton allowed Shemer to scrub his name off Maryland's sex offender registry...

http://wjla.com/news/local/convicted-teacher-taken-off-md-sex-offender-registry-could-possibly-teach-again

Breaking: JUDGE BOYNTON ALLOWS FORMER MCPS TEACHER TO REMOVE HIS NAME FROM SEX OFFENDER LIST

A Montgomery County judge that struck a child sex abuse conviction from a former high school teacher's criminal record, will also allow the teacher to remove his name from the state's sex offender registry.

Circuit Court Judge David A. Boynton on Sept. 15 provided former Albert Einstein High School teacher Richard Shemer the written consent needed to legally remove his name.

"Mr. Shemer is no longer required to register as a sex offender and shall be removed from the Sex Offender Registry list," Boynton's court order read.

Montgomery County State's Attorney spokesman Ramon Korionoff said there is no avenue of appeal for the state prosecutor's office. "It is at the discretion of the judge," Korionoff said. 

Korionoff said the State's Attorney office strongly opposed the original defense motion – that Boynton approved Sept. 5 – which allowed Shemer to be granted a lesser charge of the sex abuse violation, known as "Probation Before Justice." The status put into motion Shemer's ability to be taken off the registry...

https://www.thesentinel.com/communities/montgomery/news/local/judge-takes-teacher-off-list/article_61afd44d-f924-57c3-ad7f-5cd2d23a324d.html

Breaking News: JUDGE STRIKES SEX ABUSE CONVICTION OF FORMER MCPS TEACHER. As part of a civil lawsuit agreement, he paid the family approximately $30,000 from his teacher's pension.

A former Montgomery County Public Schools teacher who was convicted in 2014 of sexual abuse of a minor will no longer have to answer "Yes" when asked if he has ever been convicted of a crime. 

Circuit Court Judge David A. Boynton granted Richard Shemer, a former Albert Einstein High School social studies teacher, a "Probation Before Judgment" status last week when he appeared for a reconsideration case. 

Shemer's new legal disposition effectively strikes the sex abuse conviction from his records and opens the door for consideration of full exoneration, should he make the request...

http://www.thesentinel.com/mont/news/local/item/5776-judge-strikes-sex-abuse-conviction-of-former-mcps-teacher

Tuesday: Former MCPS Teacher, who used "school system’s computers to send lurid requests" to a Teenage Girl, Hearing on Reconsideration of Sentence

Rockville Circuit Court Docket Information:

Event Date:	09/05/2017 Event Time: 01:30 PM Judge: BOYNTON, DAVID A
Location:	50 Maryland Avenue North Tower Courtroom 6a Courtroom: 6A
Description:	RECONSIDER SENTENCE

-----------------------------------------------------------

The Request for a Hearing is shown below.  The Washington Post article on the sentencing of this former MCPS (Einstein High School) teacher is at this link. From the article:

...Detectives spoke with the student, who confirmed that the e-mails had come from Shemer. She also said that she visited his classroom during her lunch hour and after school. The two spoke specifically about sex — and Shemer asked her if she would perform specific sexual acts, according to police.
“The defendant did ask her if she would dominate him,” prosecutor Tim Hagan said in court Thursday.
The conversations between Shemer and the student continued via e-mail. At one point, Hagan said, Shemer asked the student to use a different e-mail address to reach him. Shemer also asked her to provide him with a picture of a private part of her body, according to police...

The Parents' Coalition  obtained the audio from the sentencing hearing of MCPS teacher Richard Shemer on June 6, 2014. 

At that hearing Mr. Shemer's attorney revealed what he considered to be a "unique" situation in that the Montgomery County Public Schools (MCPS) Board of Education allowed Mr. Shemer to resign from his teaching position after they completed their internal investigation of the allegations against him.  

That is, Mr. Shemer was not fired from his MCPS teaching position. 

Mr. Shemer plead guilty to sex abuse of a minor and was sentenced on June 6th.

  2017 Shemer Reconsideration by Parents' Coalition of Montgomery County, Maryland on Scribd

Former MCPS Teacher Shemer Moves for Reconsideration of Sentence

ORDER OF COURT

Docket Type:	Docket Filed By: Court
Docket Text:	ORDER OF COURT (BOYNTON, J.) SCHEDULING A HEARING TO CONSIDER DEFENDANT'S MOTION FOR RECONSIDERATION ON MAY 18, 2017 AT 9:30 A.M., ENTERED.

--------------------
History:

DEFENDANT ENTERS A PLEA OF GUILTY TO COUNT #1 OF THE INDICTMENT. COURT (BOYNTON, J.) FINDS THE DEFENDANT GUILTY OF COUNT #1 (SEX ABUSE MINOR).

COURT SENTENCES THE DEFENDANT TO COUNT ONE TWENTY YEARS SUSPENDS ALL BUT ONE YEAR MCDC. UPON RELEASE THREE (3) YEARS SUPERVISED PROBATION WITH CONDITIONS. COURT COSTS ASSESSED. PRE RELEASE CENTER (PRC) RECOMMENDED.

COURT ORDERS THE DEFENDANT TO REGISTER WITH THE SEX OFFENDERS REGISTRY.

Let's Recap: BOE Did Not Fire Teacher Who Plead Guilty to Sexual Abuse of Student.

Now that the Gazette has been shuttered, some of the facts from the MCPS sexual abuse cases of the last few years might get forgotten.

Here's one to remember. The Montgomery County Board of Education does not consider a teacher having a sexual relationship with a student to be a fireable offense.

The Montgomery County Board of Education allowed teacher Richard Shemer to resign after his arrest on sexual abuse charges, supposedly after some sort of "internal" investigation.

Yet, in Circuit Court, MCPS teacher Richard Shemer plead guilty to sexual abuse of a minor. 

Exclusive: BOE Did Not Fire Shemer, They Allowed Him to Resign After Internal Investigation 

If you think The Washington Post will ever report on these types of facts, think again.  

WUSA9: Child sex offenders in Montgomery County Public Schools

 http://www.wusa9.com/story/news/local/2015/02/24/montgomery-county-schools-child-sexual-abuse/23937507/

2013: Starr and BOE Warned About Handling of Sexual Abuse of Students

Letter #1 dated October 8, 2013

Dear Dr. Starr and Members of the Board of Education,

I am a Montgomery county resident and the mother of ------ Montgomery county public
school students. I am reaching out to you to open a discussion regarding the way in which the county addresses the sexual abuse of its students and children.

This weekend, the media documented yet another arrest of an MCPS staff member for allegedly sexually abusing a student.

A brief review I conducted this morning of media reports (from 2012 and 2013) quickly revealed eight criminal cases that led to charges being pressed against MCPS staff:

1. October 2013 - Richard Shemer, teacher Albert Einstein High School

•  one felony charge of sex abuse of a minor

2. August 2013 – Lawrence Joynes, teacher at New Hampshire Estates elementary school.

• Arrested from sexually abusing 15 students. Charged with 14 counts of sex abuse of a minor, one count of sex offense in the third degree, child abuse and second-degree rape.

3. June 2013 – Benjamin Cano, teacher at Mario Loiederman middle school.

• Arrested for the sexual abuse of 3 girls. Charged with three counts of sexual abuse of a minor and three counts of committing a 3rd degree sex offense.

4. April 2013 – Timothy Krupica, teacher at Meadow Hall elementary school.

• Arrested on multiple charges for the sexual abuse of 4 girls. Charged with two counts of sexual abuse of a minor and faces several other sexual offense charges

5. October 2012 – Cuyler Cornell, teacher at Neelsville middle school.

• Arrested for sexually abusing 1 boy. Charged with two counts of committing a third degree sex offense and one count of sexual abuse of a minor

6. September 2012 – Daniel Picca, teacher – numerous schools in MCPS.

• Numerous children involved. The state board upheld his firing. In the 1990’s, allegations also resulted in an investigation of Picca by the county’s Child Protective Services Division, which found that his actions “indicated child abuse.” That finding, though contested by Picca, was upheld twice by another state administrative law judge. Picca remained in the classroom, according to the reports. For 17 years, he was warned and reprimanded by Montgomery County Public Schools over his “inappropriate” conduct with male students.

7. May 2012 – Aaron Lamere, teacher at Northwood high school.

• Charged with three counts of possession of child pornography, Four counts ofsexual solicitation of a minor, Four counts of committing a third degree sex offense, Three counts of sexual abuse of a minor, One count of committing a fourth degree sex offense, Two counts of indecent exposure.

8. February 2012 - Scott Spear, coach at Richard Montgomery High School

• a fourth degree sex offense over allegations he twice had sex off campus with a student who was on the track team

This was not a comprehensive review and obviously does not include criminal complaints that did not lead to charges being pressed, nor does it included cases brought to the attention of Child Protective Services as their records are not open to the public.

Over the past year and a half, I have been trying to gather information to understand clearly what the school system and county are doing to prevent abuse (via the education of staff, parents and children) as well as to address concerns, allegations and reports of child abuse, specifically child sexual abuse. I have been unable to find information regarding what, if anything, MCPS is doing to help engage parents in either helping prevent abuse from occurring in the first place or in reporting abuse when they have suspicions or knowledge it has occurred. I am bewildered by why a lengthy search on MCPS website, meetings with principal and vice principal of my children’s school, multiple emails, phone calls (to numerous county departments and agencies)cannot provide me with anything other than superficial information on this matter.

In May of 2013, County Executive Isiah Leggett kicked off a child abuse prevention campaign called The Power of One in which he stated, “This campaign emphasizes that one person can save a life, making a choice to make a difference, whether it is through reporting suspected abuse or caring for an at-risk child. We all must do our part to help children in our community.”

As a resident of the county, as a parent of children in the county school system and also as a Licensed Clinical Social Worker (MD & VA) & Certified Sex Offender Treatment Provider (VA) with 20 years of experience in working on the issue of child abuse, I would like to join in the Power of One campaign and am asking for your support, help, cooperation and guidance in making our county and our schools a safe place for our children and families.

I would like to know if the following is in place in the schools and if it is not, I would like to be part of implementing the following:

• A clear and easy to access place within MCPS with information regarding child abuse.This would include information regarding what type of screening of employees,volunteers and programs is being done. It would include red flags / signs and symptoms of abuse. It would include links and information regarding how to report said concerns to the schools, police and CPS. It would include how each of those agencies respond to concerns, allegations and reports.

• A clear and easy to access site within MCPS with the school and county policies regarding such things as: What are the guidelines / rules / regulations for electronic communication / engagement between staff and students? On a county level, what are the regulations for documenting concerning behaviors of staff? What is the protocol /regulation for how departments / agencies share concerns / findings / convictions (i.e. between schools, administration, police and CPS)? Have the loopholes that allowed part-time staff not be held to the same standards as full time staff been closed?

• Education for parents regarding child sexual abuse.

• Education and prevention for children in our schools.

I would welcome the opportunity to meet with any of you to discuss this complex and critically important issue facing the county. Please contact me at your earliest convenience. I look forward to hearing from you and thank you in advance for your time and consideration of this matter. I may be reached either XXXXXXXXX

Sincerely,

Jennifer Alvaro

WPost Editorial Calls Failure to Protect Children "Missteps"

...there were missteps, including the handling of some student sexual abuse cases...

Montgomery’s schools chief should offer a clear agenda for a second term

Sentinel: Family sues MCPS for $3 million for teacher's sexual abuse

ROCKVILLE – A high school student and her mother are suing Montgomery County Public Schools for $3 million for the inappropriate and sexual actions of the student’s teacher, who was convicted of sexual abuse in June.

Potomac resident Richard Shemer, 51, who taught history at Albert Einstein High School, received a 20-year sentence for sex abuse of a minor with all but one year suspended. As of Sept. 25, the court released him to his home under electronic monitoring. He had exchanged a number of sexually inappropriate emails with his student, who plaintiff’s attorney Norman Schneider names as Jane Doe in the complaint...

...Schneider said the school allegedly had warning signs of Shemer’s inappropriate behavior.

“There were numerous people in the school who had complained about him and were told by the counseling staff that this is the way he is with everybody,” Schneider said. “Certainly Einstein’s administration knew that he was somebody who acted inappropriately at times and probably should have monitored him a little closer just on that basis.”

Shemer also allegedly sent many explicit emails from his MCPS email address or on school computers, according to Schneider...

 http://www.thesentinel.com/mont/index.php?option=com_k2&view=item&id=1117%3Afamily-sues-mcps-for-3-million-for-teacher-s-sexual-abuse&Itemid=766

Md. family sues MCPS for $3 million, alleges it harbored 'reckless' teacher | WJLA.com

Md. family sues MCPS for $3 million, alleges it harbored 'reckless' teacher | WJLA.com




ROCKVILLE, Md. (WJLA) - A seven-figure payout—that's what a teenage girl, sexually solicited by her high school history teacher, says she deserves.

Continue reading

Richard Shemer. (Photo: Montgomery County Police Department)

More on this story

• Richard Shemer, Albert Einstein High School teacher, accused of sexual abuse

She and her family are now suing Montgomery County Public Schools, its Board of Education, and that former teacher, Richard Shemer, 50, of Potomac, for $3 million, plus attorney’s fees.

The girl's parents say they wiped out their savings and retirement accounts, while attempting to provide their daughter with daily counseling and therapy. Before asking close friends for loans, the girl's parents turned to MCPS for financial assistance, but claim administrators told them to pound sand.
"It's something that angers me, but also makes me physically sick," Estrada told ABC 7 News during an exclusive interview. "That is the only way to put it."
Last October, Montgomery County Police arrested Shemer after Estrada intercepted dozens of sexually-laced emails between him and her daughter.
In one case, Shemer emailed the then 16-year-old high schooler saying: "Now take a picture of your [expletive] and send it to me."

Read more: http://www.wjla.com/articles/2014/10/md-family-sues-mcps-for-3-million-alleges-it-harbored-reckless-teacher-107948.html#ixzz3FhgBTwsr
Follow us: @ABC7News on Twitter | WJLATV on Facebook

Woman suing @MCPS and the @mocoboe for $3 million.

This woman's suing @MCPS and the @mocoboe for $3 million. But for what? The exclusive story on @ABC7News at 5:45 p.m. pic.twitter.com/biaTi20dZB
— Kevin Lewis (@KevinLewisABC7) October 9, 2014

Exclusive: BOE Did Not Fire Shemer, They Allowed Him to Resign After Internal Investigation

The Parents' Coalition has obtained the audio from the sentencing hearing of MCPS teacher Richard Shemer on June 6, 2014.

At that hearing Mr. Shemer's attorney revealed what he considered to be a "unique" situation in that the Montgomery County Public Schools (MCPS) Board of Education allowed Mr. Shemer to resign from his teaching position after they completed their internal investigation of the allegations against him.  

That is, Mr. Shemer was not fired from his MCPS teaching position. 

Mr. Shemer plead guilty to sex abuse of a minor and was sentenced on June 6th.

Shemer Sentenced to 20 Yrs, All But 1 Suspended, 3 Yrs Probation, Registration as Sex Offender

Apparently not one single media outlet covered the sentencing of MCPS teacher Richard Shemer.  

Here is what we know from the public records on Maryland Judiciary Case Search.  

Docket Date:	06/06/2014 Docket Number: 31
Docket Description:	HEARING, SENTENCING
Docket Type:	Docket Filed By: Court
Docket Text:	SENTENCING HEARING. STATE'S ATTORNEY, MR. HAGAN AND MR. ANDERSON.
Audio Media:	90-060614 Start: 04:26:46 Stop: 10:43:50

---

Docket Date:	06/06/2014 Docket Number: 32
Docket Description:	DEFENDANT APPEARED
Docket Type:	Docket Filed By: Defendant
Docket Text:	DEFENDANT APPEARED WITH COUNSEL, MR. HELFAND.

---

Docket Date:	06/06/2014 Docket Number: 33
Docket Description:	DISPOSITION
Docket Type:	Docket Filed By: Court
Docket Text:	COURT SENTENCES THE DEFENDANT TO COUNT ONE TWENTY YEARS SUSPENDS ALL BUT ONE YEAR MCDC. UPON RELEASE THREE (3) YEARS SUPERVISED PROBATION WITH CONDITIONS. COURT COSTS ASSESSED. PRE RELEASE CENTER (PRC) RECOMMENDED.

---

Docket Date:	06/06/2014 Docket Number: 34
Docket Description:	COURT ORDERS REGISTRATION OF SEX OFFENDER
Docket Type:	Docket Filed By: Court
Docket Text:	COURT ORDERS THE DEFENDANT TO REGISTER WITH THE SEX OFFENDERS REGISTRY.

---

Docket Date:	06/06/2014 Docket Number: 35
Docket Description:	DEFENDANT ADVISED OF RIGHTS (RULE 4-342)
Docket Type:	Docket Filed By: Court
Docket Text:	DEFENDANT ADVISED OF RIGHTS PURSUANT TO RULE 4-342 AND RIGHTS FORM, FILED.

---

Docket Date:	06/06/2014 Docket Number: 36
Docket Description:	COPY OF COSTS REFERRED TO ACCOUNTING
Docket Type:	Docket Filed By: Court
Docket Text:	COPY OF COSTS #017936 REFERRED TO ACCOUNTING, FILED.

---

Docket Date:	06/06/2014 Docket Number: 37
Docket Description:	PROBATION CONTRACT
Docket Type:	Docket Filed By: Court
Docket Text:	ORDER FOR PROBATION AND CONSENT, ENTERED.

---

Docket Date:	06/09/2014 Docket Number: 38
Docket Description:	MOTION, RECONSIDERATION OF SENTENCE
Docket Type:	Motion Filed By: Defendant Status: Open
Docket Text:	DEFENDANT'S MOTION FOR RECONSIDERATION OF SENTENCE TO BE HELD IN ABEYANCE, FILED.

---

Docket Date:	06/10/2014 Docket Number: 39
Docket Description:	COMMITMENT DELIVERED TO SHERIFF
Docket Type:	Docket Filed By: Court
Docket Text:	COMMITMENT DELIVERED TO SHERIFF.

---

Shemer Sentencing Set for June 6th at 9:30 AM

Richard Brian Shemer

(Schedule is subject to change)

Event Date:	06/06/2014 Event Time: 09:30 AM Judge: BOYNTON, DAVID A
Location:	50 Maryland Avenue North Tower Courtroom 8a Courtroom: 8A
Description:	SENTENCING

"...MCPS continued for fifteen years to employ a teacher who had been found responsible for indicated child abuse."

As a reminder, the above quote was from an Administrative Law Judge Opinion and released as part of a Maryland State Board of Education Opinion.

The ALJ Opinion was July 2, 2012.  What has MCPS done since that time to stop this practice?

See list of MCPS teachers/staff arrested since 2012 at this link.

NBC4: Md. Teacher, Richard Shemer, Pleads Guilty to Sex Abuse of Former Student

Shemer was arrested last October at his home in Potomac, Md., and charged with one count of sex abuse of minor.
Shemer was a social studies teacher at the school, according to the high school's website. He has been an MCPS employee since Aug. 21, 2002, and has also taught at Cabin John Middle School and Rockville High School. 

 http://www.nbcwashington.com/news/local/Richard-Shemer-Pleads-Guilty-to-Sex-Abuse-of-Former-Student-251315251.html

WPost: ...adults and former baseball players to speak on Shemer’s behalf at his sentencing hearing...

...Helfand, Shemer’s attorney, spoke briefly in court on Thursday. He conceded prosecutors had enough evidence to convict his client of sex abuse...

...Ramon Korionoff, spokesman for the Montgomery County state’s attorney’s office, said that the plea holds Shemer accountable. “Use of the school system’s computers to send lurid requests of a teenage girl is inappropriate, and today’s agreement reflects that,” he said.

http://www.washingtonpost.com/local/crime/former-montgomery-teacher-slated-to-plead-guilty-thursday-in-sex-abuse-case/2014/03/20/254c95b2-b029-11e3-95e8-39bef8e9a48b_story.html

MCPS teacher pleads guilty to sex abuse - teen hung out in Shemer’s classroom on lunch breaks and after school

...The sex abuse charge stems from a string of incidents earlier this school year.
The teen hung out in Shemer’s classroom on lunch breaks and after school this year, even though she wasn’t his student any more, according to court documents. According to records filed in court, Shemer was the victim’s “Modern World” teacher at Einstein High School during the 2012-13 school year.
Police said they talked about bondage, domination, submission and masochism — what’s known as BDSM. The girl was 16 when the conversations occurred, according to court records.
In court Thursday, prosecutor Timothy Hagan said Shemer asked the teen if he could “dominate” her and if she would let him perform other sexual acts. In an email, Shemer asked the teen to send him a photo of her private parts, according to the charging documents.
Police got involved after the girl’s mother discovered the lude email exchange and called Montgomery County Police on Sept. 28. He used an AOL account and his school system email account to communicate with the girl, according to arrest records...

 http://www.gazette.net/article/20140320/NEWS/140329957/1124/former-montgomery-county-schools-teacher-pleads-guilty-to-sex-abuse&template=gazette