BusPatrol Campaign Contributions in Maryland: Delegate Marc Korman, Senator Will Smith and Delegate Regina Boyce

Following up on the article on BusPatrol in Florida, we checked for BusPatrol campaign contributions in Maryland and found BusPatrol has contributed to the campaigns of: 

Delegate Marc Korman

Delegate Regina Boyce 

Senator Will Smith

Maryland Campaign Contributions

Key Maryland Senate leader to co-sponsor bill to end time limit for filing child sex abuse lawsuits

The chair of a powerful state Senate committee will sponsor his chamber’s version of a bill to end a statute of limitations on child sex abuse lawsuits, giving a boost to legislation abuse survivors have been pushing for years.

The decision announced Tuesday by Democratic Sen. Will Smith of Montgomery County, chair of the Judicial Proceedings Committee, improves the legislation’s chance of getting passed this year in the General Assembly.

Senate President Bill Ferguson said Tuesday that he’s hopeful that Smith’s sponsorship is “an indication that there’s likely something moving this year.”..

..In three previous sessions, the House has passed a bill sponsored by Economic Matters Committee Chair C.T. Wilson, himself a survivor of childhood sexual abuse. But the legislation has never made it to the Senate floor for a vote, faltering instead in the Judicial Proceedings Committee...

Key Maryland Senate leader to co-sponsor bill to end time limit for filing child sex abuse lawsuits – Baltimore Sun

Zirkin turned his back on child abuse victims

I was sad — but certainly not surprised — to learn of former state Sen. Bobby Zirkin’s about-face on his original 2019 stance regarding the passage of the Hidden Predator’s Act (”Catholic Church paid Maryland lobbyists more than $200K to help limit, prevent abuse lawsuits,” Dec. 8). He had the courage then to stand up to the Archdiocese of Baltimore and push legislation that would eliminate the statute of limitations regarding child sex abuse. But for the past three years, he’s been paid by the church to lobby against it. 

 In 1976, I first heard the catch phrase, “follow the money,” in the movie, “All The President’s Men,” about the Watergate burglary during the Richard Nixon White House years. Here is another example of a former state politician more interested in collecting a fee than what he at one time passionately believed to be the right thing to do. Why is it that money continues to override the decent thinking of today’s leaders? Can’t Zirkin collect fees lobbying for causes he truly believes in? I hope the former senator comes to his senses and stops his lobbying for the Archdiocese of Baltimore trying to maintain the statute of limitations on child sex abuse. 

There is another movie title I would like Zirkin to recall. This one is entitled, “Do the Right Thing.” — Mac Kennedy, Baltimore

Zirkin turned his back on child abuse victims | READER COMMENTARY – Baltimore Sun

Maryland, You're Up Next. Did Everyone See Netflix's The Keeper's? *** Report names 158 Catholic priests accused of abuse after investigation into Archdiocese of Baltimore

A 456-page report from the Maryland Attorney General’s Office identifies 158 Catholic priests accused of sexual abuse, including 43 that were never publicly identified by the Archdiocese of Baltimore, as part of a four-year investigation into the history of child sexual abuse by members of the clergy.

The investigation also identified more than 600 victims of sexual abuse, according to a new court filing.

The report itself, along with the names of the priests, is not yet public. The Attorney General’s Office disclosed some details in a court filing Thursday requesting permission to release documents that the Archdiocese provided in response to a grand jury subpoena...

...“The Attorney General’s investigation uncovered pervasive sexual abuse amongst the priesthood and repeated failures by the Archdiocese to protect the children of Baltimore,” the office wrote. “Time and again, the Archdiocese chose the abuser over the abused, the powerful over the weak, and the adult over the child. Hundreds of Marylanders have suffered mentally and physically for decades because of the Archdiocese’s decisions.

“Now is the time for reckoning,” the filing continues. “Publicly airing the transgressions of the Church is critical to holding people and institutions accountable and improving the way sexual abuse allegations are handled going forward.”

The filing describes pervasive sexual abuse and a church that tried to cover up the problem. One congregation was assigned 11 sexually abusive priests over a span of 40 years, the document claims. Victims sometimes ended up reporting sexual abuse to members of the clergy who were themselves perpetrators...

...“We need to see the names of the perpetrators.” he said. “We need to hear the stories of the survivors. … That’s the only way, sometimes, you come forward. You say ‘I’m not the only one.'”  

This story will be updated...

MD report names 158 Catholic priests accused of abuse after investigation into Archdiocese of Baltimore (thedailyrecord.com)

Maryland attorney general’s investigation of child sexual abuse in Catholic Archdiocese of Baltimore nears completion

The Maryland Attorney General’s Office’s four-year investigation into the Archdiocese of Baltimore’s history of child sexual abuse at the hands of Catholic priests is almost finished.

A spokesperson for Attorney General Brian Frosh told The Baltimore Sun the investigation is “nearing completion,” but declined to share details. A criminal investigator for the office, former FBI agent Richard Wolf, has contacted many abuse survivors in recent weeks to tell them the report is close to done.

In 2018, the office issued a grand jury subpoena to the archdiocese for records, and Archbishop William E. Lori told clergy the state was investigating. Ultimately, the archdiocese turned over more than 100,000 pages of documents to Wolf and Special Assistant Attorney General Elizabeth Embry.

The attorney general’s report, when finalized, is expected to detail child sexual abuse going back more than 80 years.

It’s unclear whether the investigation will lead to criminal charges. There is no statute of limitations on felony crimes in Maryland, but for someone to be charged in an abuse case, what’s alleged to have happened must have been classified a crime at the time it was committed...

Maryland attorney general’s investigation of child sexual abuse in Catholic Archdiocese of Baltimore nears completion (msn.com)

Survivors of abuse in Catholic Church demand @BrianFrosh attorney general release findings. [See Netflix series The Keepers on MD Legislature's Failure to Protect Children]

Rift Deepens Between Montgomery County Silver Spring Senator Will Smith and the ACLU

A blog post published earlier this month by the American Civil Liberties Union of Maryland has widened a growing rift between the venerable organization and Senate Judicial Proceedings Committee Chair William C. Smith Jr. (D-Montgomery).

Dana Vickers Shelley, executive director of the ACLU of Maryland and author of the blog post, alleged that differences in opinion on legislative matters have prompted Smith to impose a “No ACLU Rule” — meaning he won’t meet with representatives of the civil rights organization.

“The goal of the ACLU of Maryland is to dismantle white supremacy and its systems that intentionally marginalize the needs and vision of people most impacted by injustice,” she wrote in the blog post, which carried the headline, “White supremacy is the foul soup we all swim in — and we’re done treading water.”..

https://www.marylandmatters.org/2022/03/24/rift-deepens-between-sen-smith-and-the-aclu/

Time to Act. Vote Now on Hidden Predator Act SB134! Send a message to Maryland Legislators Today

It’s been over a month since the Maryland Senate Judiciary Committee heard SB134, The Hidden Predator Act of 2021, and has yet to call it to a vote. We must urge Senate leadership to give this legislation a fair chance and call it to a vote.

SEND EMAIL AT THIS LINK

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• Removing the so called “statute of repose” to make it clear to the courts, the public and survivors that the Maryland General Assembly was unaware of the constitutional implications of a “statute of repose” (language offered behind the scenes by the Maryland Catholic Conference) and did not intend to vest constitutionally protected property rights in child sexual predators nor the individuals and organizations that hid predators from discovery and prosecution, allowing them to continue to victimize children.
• Creating a lookback window for those victims who have been previously barred by the statute of limitations, allowing them to file suit for a period of two years (any such claims must be filed by October 1, 2023).
• Eliminating the civil statute of limitations for child sexual abuse claims going forward (for claims arising October 1, 2021 or later)

Silver Spring is home to "St Luke Institute for paedophile Catholic clergy." Is this why MD Senate Won't Vote on the Hidden Predator Act? @Willcsmithjr @SenBillFerg @jwaldstreicher @SenatorSusanLee

Silver Spring, Maryland is the home of the St. Luke Institute.  

Below are some news articles mentioning the programs run at the St. Luke Institute in Silver Spring, Maryland.

...Soon after he was sent to Maryland in the United States for counselling at the St Luke Institute for paedophile Catholic clergy...

https://www.theage.com.au/national/victoria/christian-brother-rex-elmer-jailed-for-sexually-abusing-boys-20210219-p573yh.html

...But much of the damage that Pennsylvania's abusive priests inflicted didn't leave bruises. And when those priests were discovered, bishops and other priests who were called on to investigate the allegations didn't treat them as crimes and rarely told law enforcement.

Instead, St. Luke Institute in the Washington suburb of Adelphi, Maryland, keeps appearing in the 900-page grand jury report released Tuesday. In total, at least 30 priests were sent there...

https://www.wkyc.com/article/news/nation-world/some-priests-accused-of-child-sexual-abuse-were-sent-to-psychiatric-clinics-for-treatment/507-585420111

The red brick building in Silver Spring is set amid acres of wooded land. A sign near the front door with its name -- St. Luke Institute -- is inconspicuous to passersby on the street. Keeping a low profile is important, because most of the 70 residents are troubled Roman Catholic priests, a quarter of them accused of molesting children...

...Rossetti makes a distinction between pedophiles, who molest prepubescent children, and ephebophiles, who are sexually attracted to teenagers. In general, he said, ephebophiles are more likely to be treated successfully and less likely to re-offend. Sipe, the California psychologist, said he also has found that to be true...

...Rossetti, who is a consultant to the U.S. Conference of Catholic Bishops on the issue of child sex abuse, contends that a "one strike and you're out" rule would unfairly punish priests who successfully change their behavior through treatment and who accept supervision while working in jobs that do not involve children.

https://www.washingtonpost.com/archive/local/2002/05/11/treating-the-priest-under-churchs-wing/ca70bb82-ad34-48f5-ad63-a4fbfde25d64/

As many as 10 Catholic priests are being treated for pedophilia at a church-run psychiatric facility in Prince George's County.
The priests sent to St. Luke Institute are admitted or known sex offenders. The majority of the priests do not have to report their names and addresses to Maryland's new online sex offender registry because they have not been prosecuted. Sex offenders with even one conviction are required to report to the state's registry.
The institute treats troubled priests and nuns from across the nation. John Geoghan, a defrocked priest convicted of molesting a 10-year-old boy and accused of assaulting more than 130 other children in Massachusetts, was a patient of St. Luke at one time...

https://www.washingtontimes.com/news/2002/apr/29/20020429-042331-6321r/

@Willcsmithjr @jwaldstreicher Public Testimony From Abbie Fitzgerald Schaub of the Emmy Nominated Netflix Documentary "The Keepers" - Not Allowed at Virtual Hearing @SenatorSusanLee

Below is one of the public statements that Maryland State Senator Will Smith, Chair of the Judicial Proceedings Committee, did not allow to be delivered in person at the February 2, 2021, public hearing on Senate Bill 134. 

Testimony in Support of SB0134 
Civil Actions - Child Sexual Abuse - Definition and Statute of 
Limitations 
** Support** 
To: Hon. Chairman William Smith Jr., Vice Chair Jeff Waldstreicher and 
members of the Senate Judicial Proceedings Committee 
From: Abbie Fitzgerald Schaub, with Baltimore’s Archbishop Keough High 
School “The Keepers” Netflix documentary storytellers
Date: January 6, 2021 
 
In 2013 I began a private effort doing historical research into the
the unsolved 1969 Baltimore murder of my high school English teacher, 
Sister Catherine Cesnik. This evolved into the tragic story of sexual abuse 
of minor aged students at Archbishop Keough High School. The Emmy 
nominated Netflix documentary “The Keepers” tells our story. I had no
understanding of the lifelong damage done by this intimate betrayal of
trust. I thought it was like getting spanked - was something bad that you 
got over. I was very wrong about that. This betrayal of trust and intimate 
physical invasion creates permanent collateral damage that affects people 
their entire lives, and rolls over into harming relationships for generations 
within a family. Sexual abuse of a minor causes not just physical and 
mental difficulties but also takes a financial toll on those harmed. Under 
current Maryland SOL law, the people harmed have to bear those costs.

Trying to make sense of our Keepers story, I looked further into the
institutional systems that are supposed to protect Maryland children. It 
was clear that our Keepers’ Father A Joseph Maskell sexually abused at 
least scores of children over his life, likely hundreds, both boys and girls. 
He was sexually abusing young adolescent boys while in the seminary at 
St. Mary’s in the early 1960s and continued to abuse both boys and girls 
for over three decades in Baltimore. We have multiple anecdotal reports 
that his abuse was reported to Keough school administrators and to the 
Archdiocese of Baltimore [AOB], though the AOB says they have no 
documents in their files to confirm this. Maryland allows criminal 
prosecution of felony sex offenses as long as the defendant is alive - but Baltimore City Assistant State’s Attorney Sharon May declined to charge 
Father Maskell in 1995, despite scores of criminal complaints and dozens 
of people willing to testify. Maskell fled from the US to Ireland to avoid that 
Baltimore civil motions hearing. The 1995 hearing ended with the civil case 
dismissed because of SOL age limits, allowing him to be free to abuse 
more youngsters in Ireland before returning to Baltimore.

 
There are other local hidden predators who are known but never criminally 
charged. There are also multiple clergy abusers from other states sent to 
Maryland to live, for example at a Jesuit retirement home in Baltimore and 
an Oblate retirement home in Childs, Maryland. Hundreds, perhaps 
thousands of abusers from around the US and around the world have lived at a facility in Montgomery County (St. Luke Institute) while being evaluated/treated with no notice to anyone. The abusers live protected, not on any registries, no notification of law enforcement or the community, 
with no legal restrictions on their contact with Maryland children.

 
The problem is not just with religious organizations, though that is what I
am most familiar with from our story. Abuse of minors within religious 
settings is the minority statistically; far more children are harmed by family 
members, acquaintances, teachers, sport coaches, even strangers. 
SB0134 is not targeted at churches - rather it is a global child safety bill, 
aimed to protect Maryland children from hidden predators in all settings.

I most often hear objections to removing SOL age caps based on the idea 
that those who were harmed should come forward promptly to report the 
crime. This makes sense to those of us not harmed. Those who were 
harmed do not want to speak of it; they are embarrassed, ashamed, blame 
themselves and think others will blame them if they speak. Many were 
threatened to be silent, as our Keough survivors were. They fear retribution 
by the one who harmed them, and do not want their parents or families to 
know. A 2014 German study showed that one third of those sexually 
assaulted as children will never speak of it. One third do speak around the 
time of injury - but are often told to keep it secret or are not believed. The 
final third do speak later in their adult lives, with the average age of 
disclosure at 52 years old. People are ready to speak as older adults, 
some waiting until their parents have died - but the criminal judicial system 
will not press charges, and Maryland abuse survivors are age barred from 
using the civil judiciary system. The hidden predators remain in communities - passing screening to work with children. Maryland’s SOL 
time restrictions protect sexual abusers, allowing them to do more harm.

 
The Maryland Constitution’s Declaration of Rights, Article 19, promises 
that “That every man, for any injury done to him in his person or property, 
ought to have remedy by the course of the Law of the Land, and ought to 
have justice and right, freely without sale, fully without any denial, and
speedily without delay, according to the Law of the Land“. I believe
statute of limitation laws deny those sexually abused as children
from having that promised remedy for the injury. They are promised
remedy “fully without any denial” - yet now in Maryland, purely because
of their age, they are denied access to the civil court system.

 SB0134, the Hidden Predator Act, addresses these issues: 
1) Removes the term “statute of repose” that was inserted quietly into the 
2017 law without required explanation or discussion. This is a 
construction based term that capped the time limit for civil lawsuits for 
construction defects at 20 years. They added 20 years to age of 
majority 18 to arrive at current cap of age 38. Building a house is 
entirely different than raping a child. This term has to be removed to 
make other SOL age cap revisions. 
2) Abolishes SOL time caps going forward for sexual abuse of minors; 
that means those who are 38 or younger no longer will have age caps 
to file civil suits. Those 39 and older are still time barred. 
3) Opens a defined two year window of time during which those older 
than 38 with allegations of sexual abuse in Maryland as a minor can file 
civil lawsuits. This will allow them to obtain documents that may help 
prove their case which they now are barred from seeing. Sixteen states 
and DC have passed look back windows or revival laws. 
4) A severability amendment was added to the bill in 2020. If a portion is 
ruled illegal, the remainder of the bill can still become law. 

I respectfully urge the Committee to issue a favorable report on SB0134 
without any other amendments. Let lessons from our painful legacy allow 
other Maryland children to be better protected from sexual predators.

 
-Abbie Fitzgerald Schaub, resident of Maryland District 13.

Montgomery County State Senator Will Smith Says Video Testimony Prevents Full Hearings. Why? .@Willcsmithjr #SB134 #HiddenPredatorAct @jwaldstreicher @SenatorSusanLee

At a February 2, 2021 public hearing on Senate Bill 134, The Hidden Predator Act, Montgomery County State Senator Will Smith limited the number of members of the public who could speak in support of this bill.  Senator Smith said this format limited public testimony.  Listen to his words in the clip below.

How does a video platform LIMIT the ability of the public to participate in a public hearing? If anything the video platforms allow more people to participate from various locations instead of everyone having to be in the same room.  

In fact, there were over 17 victims of sexual abuse that wanted to speak to the Senate Judicial Proceedings Committee in support of Senate Bill 134 The Hidden Predator Act.  

But Montgomery County State Senator Will Smith would only allow 4 speakers to support the bill and only one person to speak for victims.  

The Maryland Catholic Conference is opposed to this bill.  Limiting the number of victims of sexual abuse who could speak obviously worked in their favor.

2019: When Maryland gave abuse victims more time to sue, it may have also protected institutions, including the Catholic Church @Willcsmithjr

...Judicial Proceedings Chairman Bobby Zirkin (D-Baltimore County) said he disagrees with Rowe’s analysis, as well as one written for the Maryland Catholic Conference by Kurt J. Fischer, a partner at the prominent Venable law firm.

“I’m moving that bill,” Zirkin said, promising a committee vote.

Zirkin, a lawyer, introduced the amendments in 2017 that included the repose statute. He said “it wasn’t anyone’s intent” to grant permanent immunity.

In interviews, several other lawmakers who negotiated the compromise recalled the two church lobbyists who shopped the repose provision, saying they did not want to repeatedly revisit extending the statute of limitations. The lawmakers said they now believe they unwittingly agreed to language that could permanently prevent anyone born before the early 1980s from suing the church...

https://www.washingtonpost.com/local/when-maryland-gave-abuse-victims-more-time-to-sue-it-may-have-also-protected-institutions-including-the-catholic-church/2019/03/31/769537ca-4f3a-11e9-911a-7d51996d6f38_story.html?fbclid=IwAR2rRb7M-x3LDIW3CpFn_V0yvPd9zV8ZYtfSoyDRptEkgZbfScJ5QPTiIE8

WMAR: Senator William Smith [Montgomery County] is the chairman for the Judicial proceeding committee. The bill has died or failed in that committee since 2017. We asked the senator for an interview before the session started, left our number with his staff member and never heard back. .@Willcsmithjr

 

Push for civil suit sex abuse reform in Annapolis

ANNAPOLIS, Md. — Several people gathered on Lawyer's Mall to get the attention of law makers to end the statue of limitations for civil trials for lawsuits of sexual abuse...

The current law only allows a person to file a suit up to the age of 38 and they must do it before October of 2023. Robb says that stacks the deck against victims because the trauma may be suppressed for decades.

...Senator William Smith is the chairman for the Judicial proceeding committee. The bill has died or failed in that committee since 2017. We asked the senator for an interview before the session started, left our number with his staff member and never heard back.

"Maskell was a known abuser since the time he was in the seminary"

You may remember Teresa Lancaster. In the documentary The Keepers, Lancaster claimed Father Joseph Maskell abused her and hundreds of others over decades at Archbishop Kehough. Lancaster also has a book coming out recounting her times at Archbishop Kehough called "Safe in Socks"...

...The bill has been stuck in Smith's committee since February 2nd...

https://www.wmar2news.com/news/local-news/push-for-civil-suit-sex-abuse-reform-in-annapolis?fbclid=IwAR085Bqz4foYGTNLrryNf2k_c1Df-vICpwtVXD3GpNNbz3Ee9LxADoVWDbo

Tell Montgomery County Senators To STAND UP for Children who were Victims of Sexual Abuse. E-mail/Call/Tweet Today: @Willcsmithjr @jwaldstreicher @SenatorSusanLee

 RSVP for JUSTICE FOR SURVIVORS VIGIL

Please join us this Wednesday (March 17, 2021) for a Justice for Survivors Vigil on Lawyers Mall in Annapolis.  The Vigil begins at 10 am, but we ask that people arrive earlier if they are able. We will have signs but feel free to bring your own. Our message is Justice4MDSurvivors Vigil: We Stand United in Support of SB134.

Parking is available at the Visitors Center as well as nearby parking garages. Contact Susan Kerin at susank@capconcorp.com if you need more details or a map on parking options.

Please note that participants must adhere to public safety practices including social distancing and wearing masks.

You can RSVP at http://evite.me/4HgPg1qfRu

We understand that some of you may not be able to attend with us in person, but want to show your support for survivors. If you are not able to attend in person, we are asking that you call the Senators listed below on Wednesday, flooding their phone lines with calls of support from survivors and their allies.
 
Your message is clear, we stand united behind SB134, The Hidden Predator Act, and want the bill passed out of committee without amendments.  

Please call and email:
Bill Ferguson (Senate President)   410-841-3600               bill.ferguson@senate.state.md.us
Melony Griffith (President Pro Tem) 410-841-3127              melony.griffith@senate.state.md.us
Will Smith (Chair, JPR)     410-841-3634              will.smith@senate.state.md.us
Jeff Waldstreicher (Vice Chair, JPR)   410-841-3137              jeff.waldstreicher@senate.state.md.us
Jill Carter (JPR)                  410-841-3697              jill.carter@senate.state.md.us
Jack Bailey (JPR)                410-841-3673              jack.bailey@senate.state.md.us
Susan Lee (JPR)                 410-841-3124              susan.lee@senate.state.md.us
Michael Jackson (JPR)      410-841-3103              michael.jackson@senate.state.md.us
Charles Sydnor (JPR)        410-841-3612              charles.sydnor@senate.state.md.us

Will You Stand With Us? Support the Hidden Predator Act MD Senate Bill 134. 50+ organizations agree it’s time for the Senate to vote YES to Hidden Predator Act (SB134) without amendments! @Willcsmithjr @jwaldstreicher @SenatorSusanLee

The Parents' Coalition of Montgomery County, MD supports the Hidden Predator Act.  

Will YOU Stand With Us? 

We stand united behind SB134 with over 50 faith-based, professional, non-profit, business, research and advocacy groups who have added their organizational support to this legislation.

It’s time for the Senate to vote YES to SB134 without amendments!
https://youtu.be/0v58y1FqEus

TAKE ACTION:

Email to the Senate Judicial Proceedings Committee Chair, Senator Will Smith (Montgomery County) and Co-Chair Senator Jeff Waldstreicher (Montgomery County) and share your organizations support of the legislation, a copy of the organizational letter of support is attached. Let them know that it is time for this bill to come for a vote in the committee.
will.smith@senate.state.md.us; jeff.waldstreicher@senate.state.md.us

If you have questions regarding the bill or would like additional data points in support of the legislation please visit our grassroots partner’s website www.Justice4MDsurvivors.org

Senator Susan Lee, Please Read: Absolutely no one, especially Rachael Denhollander, a victim of Larry Nassar’s whom proponents invoke, nor any other of the more than 250 victims, would ever consider coming to Maryland to testify for such a backward bill.

Oppose HB 500/SB 132 Crimes - Child Abuse and Neglect - Failure to Report
Prepared by
Ellen Mugmon
February 8, 2018

Maryland has the dubious distinction of being one of ten states that does not have a criminal
penalty for the failure to report suspected child abuse or neglect, even though false reporting
has been prosecuted.1

The purpose of HB 500/SB 132 is to get the longstanding penalty issue off everyone’s
plate by passing something. ​Unfortunately, in this case, the proposed penalty provision
is ineffective, regressive and harmful. Powerful, self-serving professional
organizations, institutions and individuals have fought for over thirty years any
legislative proposal based on the “reason to suspect or believe” standard.

This standard is used in the other forty states’ laws, as well as the Congressional
bipartisan federal law just enacted in response to the horrendous USA Gymnastics
scandal. See ​Protecting Young Victims from Sexual Abuse and Safe Sport
Authorization Act​, which criminally penalizes the failure to report abuse in U.S.
Amateur Athletic Organizations, including those in Maryland. None of these laws is
based on an undefined, restrictive “actual knowledge” standard.

This new federal law text states: "when a mandatory reporter learns of facts that give
reason to suspect that a child has suffered an incident of child abuse ... and fails to
make a timely report as required by subsection(a) of that section, [the mandatory
reporter] shall be fined under this title or imprisoned not more than year or both."

The Two Major Flaws in this Maryland Bill Which Endanger Children

HB 500/SB 132 is unsurprisingly unique, unjustified, and unworkable for two main
reasons: 1) the “actual knowledge” standard and, 2) language in section 3-602.2(C)
which exempts from the scope of the penalty provision the failure to report as soon as
the victim turns eighteen. This language targets a significant 1993 Attorney General’s
opinion that has protected children for 25 years.​ Without that opinion, the shocking
disclosures of the notorious Maskell Case would never have come to light, as
chronicled in the Netflix series, ​The Keepers. T​he Baltimore Archdiocese concedes this
point in its response to the Keepers on its website.

Then Attorney General Curran, in his 1993 opinion, stated the following: “If we accept the
proposition that no reporting were required if the victim is now an adult, we would be
saying that there would be no duty to report if an eighteen year old had been
subjected to recent abuse and had younger siblings at home in the care of the abuser.
That would be an untenable construction of the statute, one that we cannot imagine
the General Assembly intended.”

1 Arundel Judge Frees Woman in Death of Horrible Man, The Washington Post, by Eric Rich.
November 10, 2004 where a teenager’s conviction for falsely reporting her sexual abuse by
her stepfather was vacated.


What is Actual Knowledge? Witnessing? Unknown?


SB 132/HB 500 states that mandatory reporters must have had “​actual knowledge​” of
abuse and subsequently have failed to report in order to be prosecuted. ​But every state
that criminalizes failure to report uses the “reason to believe or suspects” standard.

As the Baltimore City State’s Attorney notes in her written testimony on SB 132: “It is nearly
impossible from a legal perspective to prove that an individual had “actual knowledge
of abuse, especially if the mandatory reporter contends that they did not see the
abuse occur and did not believe the child’s disclosure.”

The term “actual knowledge” is undefined in the bill. There is no definition of “actual
knowledge” in Maryland statutes.​ There is also to my knowledge no definition of
“actual knowledge” in case law. No appellate court in Maryland has adopted a
definition of “actual knowledge” as some proponents claim. Rather, there are only
two concurrences in ​McCallum​ where Judges Chasanow and Robert Murphy discuss
the issue. Moreover, the Maryland Criminal Pattern Jury Instructions Committee has
not adopted a definition of “actual Knowledge.”

Proponents claim erroneously that, legislators should look at Connecticut as a good example
of a state’s law (No other state uses “actual knowledge in its reporting law.) which supports
“actual knowledge” in Maryland’s penalty provision. But Connecticut has a misdemeanor
penalty for failure to report suspected abuse without the term “actual knowledge” in it. The
“actual knowledge” language is in its felony provision,​ thereby not undermining its civil
reporting law as would be the case in Maryland should HB 500/SB 132 be enacted.
Additionally, knowing with certainty that a crime has been committed is a higher standard
than “beyond a reasonable doubt,” the standard of proof required for a conviction. Jurors do
not need to witness crimes or even have first hand knowledge of crimes in order to convict
individuals for committing them.

How could this bill possibly prevent future victimization or have helped the victims of all the
scandals that have occurred across Maryland for decades? These scandals include the
cover-ups and failure to report by the Catholic Church, the ongoing scandals in the
Montgomery County Schools, the Ron Price scandal in the Anne Arundel County and the
more recent scandal in Prince George’s County.

Do Not invoke the #MeToo/#TimesUp Movements in Support This Bill.

Proponents claim that HB 500/SB 132 is in line with the goals of #MeToo/#TimesUp which
are to increase the power of victims to be believed, to increase the protection of women and
children, and to expand the possibility of justice. However, this legislation would
automatically discount disclosures of abuse by child and adult victims alike since
these disclosures most assuredly would not meet some “actual knowledge” standard.

Absolutely no one, especially Rachael Denhollander, a victim of Larry Nassar’s whom
proponents invoke, nor any other of the more than 250 victims, would ever consider
coming to Maryland to testify for such a backward bill. Ms. Denhollander was the first
victim to come forward publicly. She was 31-years-old when she disclosed her
victimization when she was 15-years-old. ​A mandated reporter under this bill could
say that she was too old to require a report and that her disclosure did not provide the
requisite “actual knowledge,” either.​  How then does this legislation better protect
children?

It is appalling that HB 500/SB 132 mirrors provisions in the USA Gymnastics’ policy
which caused the decades long cover-up of a terrible scandal. Steve Penny, the
former head of USA Gymnastics did not report the abuse because he deemed
disclosures by victims and even allegations by other coaches as third hand
information which did not prove to him that the abuse actually occurred.​ Moreover,
his investigator did not report complaints by gymnasts who had turned eighteen
because they were no longer children. It did not matter that they were children when
they were abused or that other children were in the hands of a prolific 54 year-old
pedophile. What mattered were rules which protected the reputation of the
organization.

Sending the Wrong Message - No Other State or the Federal Government has a
Penalty Like This

Proponents insist that the bill would not undermine the underlying civil reporting law since
the civil reporting law would not be changed. This is false. Two reporting standards muddy
the obligation to report suspected abuse and complicates training. Because there
would be no criminal penalty based on the "reason to believe" standard, why would
mandatory reporters follow the civil law, especially those not subject to professional
penalties?​ Instead they would most likely delay reporting until they knew for sure that
abuse has occurred or fail to report at all. This would endanger children. Child abuse is very
rarely “actually” witnessed and mandatory reporters are not trained to investigate suspected
abuse to determine if it actually happened.

A Mandatory Reporter Protection Bill

Supporters of this bill are up front in their testimony. They admit that the bill is
intended to protect mandatory reporters, first and foremost, not children, by severely
limiting the possibility of prosecution. ​They state that the bill “would be the most lenient
toward adults, i.e. mandatory reporters, than any other law in the entire United States or its
territories.”

They then wrongly argue that this penalty bill is better than nothing, even though there would
be negative consequences for the protection and safety of children, such as mandatory
reporters and institutions waiting it out until a victim’s eighteenth birthday. This is important
because HB 500/SB 132 has just a one year statute of limitations.

Mandated reporting of child abuse and neglect is the very foundation of the child protection
system. But this bill is so flawed that if it were enacted, the safety and protection of children
would be compromised far more than it is under current law. For these reasons, I request
HB 500/ SB 132 be given an unfavorable report.

MD Sex Offenders Should Not Be Allowed to Expunge Their Records! @Willcsmithjr

Contact Your Legislators

SUPPORT SB 774 - Criminal Procedure - Petition for Expungement to be heard in March 2, 2017 in the Judicial Proceedings Committee

Sex Offenders Should Not Be Allowed to Expunge Their Records

A last minute amendment grafted onto the Justice Reinvestment Act (JRA) enacted in 2016, scheduled to take effect on October 1, 2017, would have serious negative consequences for the safety and well being of Maryland’s children, as well other vulnerable populations. Prior to JRA, the only convictions eligible for expungement were convictions for a few specified public nuisance crimes, such as loitering and vagrancy.  The JRA, however, as a result of the amendment, now includes a provision that , according to the Daily Record, “would dramatically expand the number of crimes eligible for expungement” to at least one hundred and thirteen crimes -- three times more if attempted crimes, conspiracy or solicitation for each offense is counted.  Little, if any, attention was given at the time to the public safety implications of certain specific crimes permitted to be expunged or the impact of these expungements on criminal history records checks used to screen those who work with or have access to children, the elderly and those with disabilities.  It should be noted that in its consensus report, the Justice Reinvestment Coordinating Council never recommended any expungements.  

SB 774 (http://mgaleg.maryland.gov/2017RS/bills/sb/sb0774f.pdf) would exempt from expungement convictions for second degree assault when the victim of the offense was disabled, a vulnerable adult, or a minor.  In addition, it would preclude the expungement of convictions under section 11-306a of the Criminal Law Article which involve the prostitution of children. The bill lists all the crimes to be expunged after ten years by section number without the name of the crime .    

Second-degree assault, section 3-203 0f the Criminal Law Article, a crime against a person, is deemed to be a violent crime in a list in one section of Maryland law.  It is important to know that a conviction for second degree assault against anyone is in and of itself is troubling.  It is especially troubling if an individual committed the crime against a vulnerable person or a child.  Most disturbing is that second degree assault, a nonsexual crime, it is all too often a plea bargain down from a serious sexual crime.  These plea bargains allow sex offenders to avoid registration.

To illustrate,  a Montgomery County elementary school teacher pleaded guilty to four counts of second degree assault after originally being charged with 11 felony counts of child sexual abuse.   Ultimately, he did not have to register as a sex offender or serve jail time. (WJLA.com December  2, 2013- Tim Krupica pleads guilty to assault, has sentence suspended)

To obliterate all records regarding a sex offender’s conviction for second degree assault, including underlying sexual assault/abuse charges, allows the sex offender to completely obscure his record and, thus, precludes the ability of schools, day care centers, and camps, nursing homes and nonprofits who serve the disabled,  etc. from adequately screening individuals who apply for these sensitive positions.  The state of Maryland has an obligation, first and foremost, to protect those who cannot protect themselves, not destroy the records of those who pose a danger to them .

Thank you for your efforts on behalf of Maryland Children.  If you have any questions,  please contact Ellen Mugmon  ellen.mugmon@gmail.com

Please contact committee members with the message that they should SUPPORT SB 774 - Criminal Procedure - Petition for Expungement.

The Baltimore Sun published a letter about this: http://www.baltimoresun.com/nes/opinion/readersrespond/bs-ed-expunge-letter-20160613-story.html)  

MARYLAND SENATE JUDICIAL PROCEEDINGS COMMITTEE PHONE AND EMAILS:

Baltimore County

Robert A. (Bobby) Zirkin, Chair (D-11)

Phone: (410) 841-3131 | (301) 858-3131

E-mail: bobby.zirkin@senate.state.md.us

James Brochin (D-42)

Phone: (410) 841-3648 | (301) 858-3648

E-mail: jim.brochin@senate.state.md.us

Delores G. Kelley, Vice Chair (D-10)

Phone: (410) 841-3606 | (301) 858-3606

E-mail: delores.kelley@senate.state.md.us

Carroll County

Justin D. Ready (R-5)

Phone: (410) 841-3683 | (301) 858-3683

E-mail: justin.ready@senate.state.md.us

Carroll & Frederick Counties

Michael J. Hough (R-4)

Phone: (410) 841-3704 | (301) 858-3704

E-mail: michael.hough@senate.state.md.us

Cecil & Harford Counties

Wayne Norman (R-35)

Phone: (410) 841-3603 | (301) 858-3603

E-mail: wayne.norman@senate.state.md.us

Harford County

Robert G. Cassilly (R-34)

Phone: (410) 841-3158 | (301) 858-3158

E-mail: bob.cassilly@senate.state.md.us

Montgomery County

Susan C. Lee (D-16)

Phone: (410) 841-3124 | (301) 858-3124

E-mail: susan.lee@senate.state.md.us

William C. (Will) Smith, Jr. (D-20)

Phone: (410) 841-3634 | (301) 858-3634

E-mail: will.smith@senate.state.md.us

Prince George's County

C. Anthony Muse (D-26)

Phone: (410) 841-3092 | (301) 858-3092

E -mail: anthony.muse@senate.state.md.us

Victor R. Ramirez (D-47)

Phone: (410) 841-3745 | (301) 858-3745