# Marsh Law Firm > Marsh Law Firm represents survivors of childhood sexual abuse, adult sexual abuse, online exploitation, campus sexual assault, and social media harms nationwide. > Generated by All in One SEO Pro v5.0.4, this is an llms-full.txt file, used by LLMs to index the site. ## Posts ### [In the News](https://www.jamesmarshlaw.com/blog/) **Published:** October 31, 2016 **Author:** James R. Marsh --- ### [UPDATED - Release of Epstein Files Marks Milestone for Survivors](https://www.jamesmarshlaw.com/release-of-epstein-files-marks-milestone-for-survivors/) **Published:** December 19, 2025 **Author:** James R. Marsh **Excerpt:** 7:17 PM UPDATE - Maria Farmer's 1996 child pornography complaint to the FBI released as part of today's production by the Department of Justice. Epstein first accused of child sex crimes in official FBI FD-71 report dated September 3, 1996. **Content:** [Home](https://www.jamesmarshlaw.com/wp-admin/index.php) **FOR IMMEDIATE RELEASE** **December 19, 2025** **– UPDATED 7:17 PM EST** For media inquiries, interviews, or additional information, please contact: **Hailey Sussman** **332-228-2344** [HaileySussman@marsh.law](mailto:HaileySussman@marsh.law?subject=Media%20Inquiry&body=Hello%20Hailey%2C%0A%0AI%27d%20like%20to%20discuss...&cc=help@marsh.law&bcc=saramarsh@marsh.law) --- Today, the United States Justice Department is expected to release the highly anticipated files on Jeffrey Epstein, making public a detailed look at the government’s decades-long investigation into Epstein’s ongoing sexual abuse of young women and girls. The long-awaited release of the Epstein files represents a watershed moment in the fight for justice and accountability, especially as some of the world’s most powerful figures have sought to keep the files sealed. For nearly three decades, survivors and advocates have demanded transparency and acknowledgement of ongoing failures on the part of U.S. law enforcement. The Justice Department’s disclosure of the Epstein files signifies a critical step toward exposing systemic negligence and getting justice for survivors. **Maria Farmer**, a Marsh Law Firm client and one of the earliest whistleblowers in the case, shared her courageous statement: **“This is a moment for which I have waited three decades, over half of my life. When I was ignored and hung up on by the FBI in 1996, my world turned upside down, and I felt frozen in time. I faced death threats, ridicule, and mockery by some of the most powerful people on earth. When my FBI reports are finally made available, I am hopeful that I will be able to pick up where I left off at age 26. I am also hopeful that this will be an important step for many of the survivors and to hold the government accountable for their grotesque law enforcement failure, one of the largest in U.S. history.”** Leading Marsh Law Firm attorney advocate Jennifer Freeman noted the institutional magnitude of this moment: “The release of the files is a momentous and essential step in achieving transparency, accountability, and the restoration of public trust in institutions.” Marsh Law Firm partner Helene Weiss, [speaking publicly today](https://vimeo.com/1148138680), emphasized the significance of the FBI’s lack of action in 1996: *“If the FBI had acted, they could have saved thousands of victims and nearly 30 years of trauma. What we’re seeing today is, finally, the accountability that victims have been seeking for nearly three decades.”* The United States Justice Department is expected to release several hundred thousand documents today; however, it is unclear when the files will be published in full, and delays are anticipated. **UPDATED 7:17 PM EST – Maria Farmer’s 1996 FBI Report Released Today** **Early Warning That Was Ignored** As detailed in her [May 29, 2025 lawsuit](https://www.jamesmarshlaw.com/wp-content/uploads/2025/12/Doc-1-Complaint-05-29-2025.pdf), in August 1996, Maria reported to the FBI that Jeffrey Epstein and Ghislaine Maxwell had sexually assaulted her, were operating a child trafficking ring, and were producing and possessing child pornography (CSAM). She specifically told the FBI about: - Explicit images of children she observed at Epstein’s home; - A “modeling book” of child pornography that was kept in Epstein’s safe; - Epstein’s theft and interstate transportation of nude images of her minor sisters; - Her belief that Epstein and Maxwell were continuing to hurt children **FBI’s Complete Failure to Act** According to her complaint, the FBI agent “hung up on her” mid-sentence and made no effort to follow up. The FBI violated mandatory reporting obligations and failed to investigate despite the severity of her allegations. **Devastating Consequences** **This document proves that if the FBI had simply done its job in 1996, Epstein’s decades-long sex trafficking operation could have been stopped at the outset.** Instead, the FBI’s negligence allowed Epstein to continue abusing hundreds of girls and young women for nearly 25 more years. **Core of the Legal Case** This 1996 report is the foundation of Maria’s negligence claim – it establishes that the FBI had actual knowledge of ongoing serious crimes against children and violated mandatory federal policies by failing to investigate. It’s the “Patient Zero” moment that demonstrates the government’s failures from the very beginning, making it central to proving the FBI’s liability for all the harm that followed. ![Maria Farmer's 1996 FBI Complaint FD-71](https://www.jamesmarshlaw.com/wp-content/uploads/2025/12/EFTA00006107_Page_2.png "Maria Farmer's 1996 FBI Complaint « Marsh Law Firm")Maria Farmers 1996 FBI Report **Maria’s Reaction to the Release of this Critical FBI Report** **“This is amazing. Thank you for believing me. I feel redeemed. This is one of the best days of my life. Of course, it’s mixed with the fact that I’m devastated about all the other little girls like Virginia who were harmed because the FBI didn’t do their job. I’m crying for two reasons. I want everyone to know that I am shedding tears of joy for myself, but also tears of sorrow for all the other victims that the FBI failed.”** **About Marsh Law Firm** For over twenty years, Marsh Law Firm has represented survivors of sexual abuse and discrimination. Survivor-focused, trauma-informed, and justice-oriented, Marsh Law Firm advocates both in and out of the courtroom to secure justice and hold perpetrators and the institutions that enable abuse accountable. Headquartered in New York City, Marsh Law Firm has a robust legal practice both in the United States and worldwide. The firm’s attorneys have substantial experience handling claims involving childhood sexual abuse, including claims against the Catholic Church, the Boy Scouts, and other institutions, adult sexual abuse, as well as online sexual exploitation and child sex abuse material (CSAM), achieving accountability for countless victims. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Epstein, News, Press Release --- ### [Skirting Liability for Child Sexual Abuse Material Online](https://www.jamesmarshlaw.com/skirting-liability-for-child-sexual-abuse-material-online/) **Published:** December 1, 2023 **Author:** James R. Marsh **Excerpt:** Understand how tech companies are using a statute aimed at protecting children online to evade liability for the spread of child sexual abuse material. **Content:** By Margaret Mabie ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Pornography, Childhood Sexual Abuse, Crime Victims' Rights, News --- ### [Three Women File Lawsuit Alleging Sexual Abuse by Brooklyn Fertility Specialist Dr. Richard V. Grazi; Maimonides Medical Center and Genesis Fertility Also Named as Defendants](https://www.jamesmarshlaw.com/richard-grazi-sexual-abuse-lawsuit/) **Published:** September 28, 2026 **Author:** Helene Weiss **Content:** *A lawsuit filed in Kings County alleges that Brooklyn fertility specialist Richard Grazi sexually abused multiple female patients. The Richard Grazi sexual abuse lawsuit also names Genesis Fertility and Maimonides Medical Center as defendants.* **FOR IMMEDIATE RELEASE** September 28, 2026 For media inquiries, interviews, or additional information, please contact: **Marsh Media Team** [212-372-3030](tel:+12123723030) <media@marsh.law> **BROOKLYN, NEW YORK** — Three women [filed a lawsuit today](https://www.jamesmarshlaw.com/wp-content/uploads/2026/09/Doe-v.-Grazi-Filed-FINALCOPY.pdf) in New Court, Kings County, alleging that fertility specialist Dr. Richard V. Grazi sexually abused them under the guise of medical examinations. The lawsuit, filed by Marsh Law Firm PLLC under New York City’s Victims of Gender-Motivated Violence Act, also names [Maimonides Medical Center](https://maimo.org/) and [Genesis Fertility & Reproductive Medicine, P.C.](https://www.pinnaclefertility.com/location/park-slope-brooklyn-ny/) as defendants. The plaintiffs, identified in the complaint as Jane Doe 1, Jane Doe 2, and Jane Doe 3, allege that the abuse occurred in Brooklyn when they were young women seeking medical care and fertility treatment. According to the complaint, Dr. Grazi exploited his position of trust and medical authority to subject patients to nonconsensual touching, digital penetration, and examinations that served no legitimate medical purpose. The complaint further alleges that examinations were conducted without gloves, a chaperone, or appropriate medical staff present. The lawsuit also alleges that Maimonides Medical Center and Genesis Fertility enabled the abuse by providing Dr. Grazi with the institutional authority, facilities, staff, and professional standing through which he gained access to patients. The complaint contends that the institutions knew or should have known of concerning conduct years earlier and cites a 2005 verified complaint filed by former physician Dr. Susan M. Lobel alleging “inappropriate behavior with female patients and staff.” > “Our clients went to a fertility doctor at one of the most vulnerable times in their lives, trusting him to care for them,” said Helene M. Weiss, partner at Marsh Law Firm PLLC. “Instead, he used medical care as cover for sexual abuse, and the institutions around him failed to protect them. These women are coming forward because silence protects abusers, not victims.” The plaintiffs are asking the court for permission to proceed anonymously because of the highly sensitive nature of the allegations and the emotional harm that public disclosure would cause. > “Accountability shouldn’t cost a survivor her privacy, no matter how powerful the doctor or the institutions behind him,” Weiss said. The complaint seeks compensatory and punitive damages, injunctive and declaratory relief, attorneys’ fees and costs, and such other relief as the court deems just and proper. Plaintiffs are represented by Helene M. Weiss, Cori J. Iacopelli, and Gianna N. Elliot of Marsh Law Firm PLLC. *The allegations contained in the complaint are allegations only and have not been proven in court.* ## Contact Information Anyone with information relevant to this case may contact Marsh Law Firm confidentially at: **Marsh Law Firm PLLC** Phone: (212) 372-3030 Email: <heleneweiss@marsh.law> Email: <help@marsh.law> ## About Marsh Law Firm PLLC Marsh Law Firm PLLC is a New York-based law firm that represents survivors of sexual abuse and exploitation, including abuse occurring in medical, religious, educational, governmental, and military institutions, as well as online exploitation and child sexual abuse material cases. Survivor-focused, trauma-informed, and justice-oriented, Marsh Law advocates both in and out of the courtroom to secure justice and hold perpetrators and the institutions that enable abuse accountable. ## Allegations in the Richard Grazi Sexual Abuse Lawsuit ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2025/05/Helene-300x300.png) Helene Weiss Helene is a Partner at Marsh Law Firm and works to protect the rights of abuse survivors. Helene works on a wide range of matters representing survivors of childhood sexual abuse, child pornography, and campus sexual abuse, harassment, and retaliation. Helene is a former Special Victims Bureau Prosecutor at the Nassau County District Attorney’s Office, where she prosecuted an extensive array of criminal matters, including child abuse, sexual abuse, attempted murder, elder abuse, and domestic violence cases. Helene was also a member of the Animal Crimes Unit, where she prosecuted offenses perpetrated against animals, including severe torture and criminal neglect. [See Full Bio](https://www.jamesmarshlaw.com/author/heleneweiss/) **Categories:** News, Press Release --- ### [Sexual Abuse by a Cousin is Incest](https://www.jamesmarshlaw.com/sexual-abuse-by-a-cousin-is-incest/) **Published:** June 12, 2018 **Author:** James R. Marsh **Content:** One area of sexual abuse remains secretive, private, and unprosecuted – incest between family members other than a parent or a sibling. Several studies regarding incest have been done. To our knowledge, none have specifically included cousins as perpetrators or victims. There is a difference between an exploitative relationship and teenage experimentation with each other between equal-aged minors. When a teenager exploits and coerces a younger child in his family, such as cousins, engaging in any type of sexual behavior – even what they might call experimentation – that behavior is sexual abuse. The older cousin is abusing his role as a protector. Such abuse by someone who is considered family is devastating, whether or not it is legally considered “incest.” All of this raises difficult questions. Who and when do we talk with children about sex? Children are taught not to talk to strangers and that no one has the right to touch them inappropriately. Importantly, children must understand that this lesson applies to everyone, including family members and cousins. So many children are abused by a protector and don’t report it because they care for or even love the abuser, and they may feel guilt. As alluded to earlier, while there are states that allow cousins to marry, this does not address the problem of a purported protector taking advantage of a victim. Just because two teenagers are allowed to marry, this does not neutralize the fact that a child was sexually abused. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Childhood Sexual Abuse, Marsh Law Firm Blog --- ### [Maria Farmer and Marsh Law Firm's Persistent Advocacy Vindicated as FBI Releases Farmer’s 1996 Report on Jeffrey Epstein](https://www.jamesmarshlaw.com/persistent-advocacy-vindicated/) **Published:** December 23, 2025 **Author:** James R. Marsh **Excerpt:** For nearly three decades, survivor whistleblower Maria Farmer has sought justice following her courageous decision to report Jeffrey Epstein’s and Ghislaine Maxwell’s criminal conduct to the FBI in the summer of 1996. Despite providing detailed information about sexual abuse and the possible distribution and possession of child sexual abuse material (CSAM), Ms. Farmer’s warnings were met with silence and inaction from federal law enforcement. The FBI’s inaction left Farmer and countless other Epstein survivors without the protection and justice they deserved. **Content:** #### *The report, part of the first wave of the Epstein Files release, confirms the US Government was made aware of Jeffrey Epstein’s crimes thirty years ago*  **FOR IMMEDIATE RELEASE** **December 23, 2025** **– 5:30 PM EST** For media inquiries, interviews, or additional information, please contact: **Marsh Media Team** **332-228-2344** [Marsh@skdknick.com](mailto:Marsh@skdknick.com?subject=Media%20Inquiry&body=Hello%20Marsh%20Media%20Team%2C%0A%0AI%27d%20like%20to%20discuss...&cc=help@marsh.law&bcc=saramarsh@marsh.law) --- *New York, NY* — For nearly three decades, survivor whistleblower Maria Farmer has sought justice following her courageous decision to report Jeffrey Epstein’s and Ghislaine Maxwell’s criminal conduct to the FBI in the summer of 1996. Despite providing detailed information about sexual abuse and the possible distribution and possession of child sexual abuse material (CSAM), Ms. Farmer’s warnings were met with silence and inaction from federal law enforcement. The FBI’s inaction left Farmer and countless other Epstein survivors without the protection and justice they deserved. This week marks a watershed moment for survivors of Jeffrey Epstein’s crimes and for all those who have fought for accountability and transparency from federal law enforcement. The [release of the long-suspected FD-71 report](https://www.jamesmarshlaw.com/release-of-epstein-files-marks-milestone-for-survivors/) by the FBI finally confirms what Marsh Law Firm and its clients have asserted for decades: that in the summer of 1996, survivor whistleblower Maria Farmer courageously reported Epstein’s and Ghislaine Maxwell’s criminal conduct—including the sexual abuse of minors and the possible distribution and possession of child sexual abuse material (CSAM)—directly to the FBI. In May 2023, Freeman authored a comprehensive letter to the FBI, the Department of Justice, and the Office of the Inspector General, meticulously documenting the Bureau’s decades-long inaction and calling for a full investigation into why Maria Farmer’s warnings were ignored. This letter, supported by extensive evidence and survivor testimony, underscored the devastating consequences of the FBI’s failures—not only for Ms. Farmer, but for countless other victims who suffered in the years that followed. Despite repeated requests for transparency, Marsh Law Firm’s inquiries were initially met with lackluster bureaucratic responses and inaction. However, the firm’s unwavering advocacy, spearheaded by Freeman and her courageous clients, kept the pressure on federal authorities and ensured that the voices of survivors would not be silenced or forgotten. The release of the report this week is a powerful vindication of these efforts. For the first time, the FBI’s own records confirm that Maria Farmer’s 1996 report was received and documented—a fact that Marsh Law Firm has fought for years to bring to light. This milestone not only validates the experiences of survivors but also exposes the urgent need for accountability and reform within federal law enforcement. “Survivors like Maria Farmer have waited nearly three decades for the truth to come out,” said Jennifer Freeman of Marsh Law Firm. “Our numerous attempts to persuade the government to do its sworn duty – including our formal request in 2023 to the Inspector General, Attorney General, and FBI Director to investigate the FBI handling of Maria’s 1996 reports – were met with silence and dismissal instead of the action they deserved. It took a forceful push from Congress and tireless advocacy from survivors to make any headway into the truth. This week’s release of the report is a testament to the power of persistence, the importance of survivor advocacy, and the necessity of holding our institutions accountable. At Marsh Law, we will continue to fight for full transparency and justice for all those harmed by Epstein and those who enabled him.” Marsh Law Firm remains committed to representing survivors and demanding answers from those in power. The firm calls on the FBI and the Department of Justice to fully investigate the failures surrounding the Epstein case and to ensure that no survivor’s warning is ever ignored again. **About Marsh Law Firm** For over twenty years, Marsh Law Firm has represented survivors of sexual abuse and discrimination. Survivor-focused, trauma-informed, and justice-oriented, Marsh Law Firm advocates both in and out of the courtroom to secure justice and hold perpetrators and the institutions that enable abuse accountable. Headquartered in New York City, Marsh Law Firm has a robust legal practice both in the United States and worldwide. The firm’s attorneys have substantial experience handling claims involving childhood sexual abuse, including claims against the Catholic Church, the Boy Scouts, and other institutions, adult sexual abuse, as well as online sexual exploitation and child sex abuse material (CSAM), achieving accountability for countless victims. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Epstein, News, Press Release --- ### [UPDATED - Maria Farmer – First Epstein Whistleblower – Issues Statement on Congressman Robert’s Garcia’s Request for U.S. Inspector General to Investigate the FBI](https://www.jamesmarshlaw.com/ranking-member-robert-garcia-demands-answers-on-fbis-failure-to-investigate-jeffrey-epstein-after-survivor-maria-farmer-warned-agency-in-1996-newly-released-records-prove/) **Published:** December 23, 2025 **Author:** James R. Marsh **Excerpt:** Maria Farmer, the first whistleblower to report Jeffrey Epstein and Ghislaine Maxwell to law enforcement in 1996, released the following statement today in reaction to the news of Congressman Robert Garcia requesting the Office of the Inspector General to conduct an independent investigation into the failure of the FBI to properly investigate her reports of child pornography and abuse. **Content:** **FOR IMMEDIATE RELEASE** **December 23, 2025** **– 8:20 PM EST** For media inquiries, interviews, or additional information, please contact: **Marsh Media Team** **332-228-2344** [Marsh@skdknick.com](mailto:Marsh@skdknick.com?subject=Media%20Inquiry&body=Hello%20Marsh%20Media%20Team%2C%0A%0AI%27d%20like%20to%20discuss...&cc=help@marsh.law&bcc=saramarsh@marsh.law) **WASHINGTON, D.C.** — [Maria Farmer](https://nam12.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.ms.now%2Fthe-briefing-with-jen-psaki%2Fwatch%2Fepstein-accuser-speaks-out-on-trump-maria-farmer-wants-to-testify-access-her-records-243812933882&data=05%7C02%7Cjamesmarsh%40marsh.law%7C907fa9049dbc4cf4817408de427f744a%7Ceb4f6f0136e142e6ad35255c3cd3c188%7C0%7C0%7C639021312671628903%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C4000%7C%7C%7C&sdata=XAzZMzRJu4%2B7LtdEUZ2gEUBy1SmPr0dr31tKMNMDn%2B8%3D&reserved=0), the first whistleblower to report Jeffrey Epstein and Ghislaine Maxwell to law enforcement in 1996, released the following statement today in reaction to the news of [Congressman Robert Garcia requesting the Office of the Inspector General](https://nam12.safelinks.protection.outlook.com/?url=https%3A%2F%2Foversightdemocrats.house.gov%2Fimo%2Fmedia%2Fdoc%2Fgarcia_et_al_to_doj_oig_re_maria_farmer.pdf&data=05%7C02%7Cjamesmarsh%40marsh.law%7C907fa9049dbc4cf4817408de427f744a%7Ceb4f6f0136e142e6ad35255c3cd3c188%7C0%7C0%7C639021312671655473%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C4000%7C%7C%7C&sdata=tDHvf07sePxQnJm6FhGpT45rJKbm4i8REwABadulOWM%3D&reserved=0) to conduct an independent investigation into the failure of the FBI to properly investigate her reports of child pornography and abuse: ***“The release of the Epstein files has been many things – initial victory and optimism for a long-fought push for truth, crushing disappointment and frustration at the Department of Justice’s continued evasion of the truth with the heavily yet irresponsibly redacted release of the files, and the surrealism of finally being vindicated after the truth was revealed.*** ***We now all know that the FBI ignored my 1996 reports of Jeffrey Epstein and Ghislane Maxwell’s sexual abuse of minors and possession of CSAM, which I made – not for myself – but for vulnerable girls like my younger sisters and Virginia Roberts Giuffre. Since then, they have engaged in a systematic cover-up to protect him and his circle of powerful abusers.*** ***This revelation brings some validation – but not justice or accountability. It must lead to real answers about who knew what and when, and why our government’s justice system failed so badly. I am grateful to Congressman Garcia’s leadership in continuing to demand answers and join him in insisting that the Office of the Inspector General stop protecting institutions and start providing the truth that survivors and the public have been denied for far too long.”*** --- ### Ranking Member Robert Garcia Demands Answers on FBI’s Failure to Investigate Jeffrey Epstein After Survivor Maria Farmer Warned Agency in 1996, Newly Released Records Prove **Washington, D.C.** — Today, Rep. Robert Garcia, Ranking Member of the Committee on Oversight and Government Reform, [requested](https://oversightdemocrats.house.gov/imo/media/doc/garcia_et_al_to_doj_oig_re_maria_farmer.pdf) an investigation by the Department of Justice Inspector General into the Federal Bureau of Investigation’s (FBI) failure to investigate Jeffrey Epstein after [records](https://www.justice.gov/epstein/files/DataSet%204/EFTA00006107.pdf) revealed that Maria Farmer, an Epstein survivor, warned the FBI in 1996 that Epstein and his associates were sexually abusing minors and producing child sexual abuse material. Farmer’s official complaint to the FBI was recently made public under the Epstein Files Transparency Act. “The American public should be outraged that the FBI had information about the horrific crimes Jeffrey Epstein was committing in the 1990s, and yet failed to protect women and children for decades. We are fighting to end the Epstein cover-up for survivors like Maria Farmer, who was failed by her own government over and over. We will not stop until we have transparency for the survivors and the American people,” **said Ranking Member Robert Garcia.** In the letter, Ranking Member Garcia wrote, **“Oversight Democrats are investigating Jeffrey Epstein; his enablers, network and accomplices; and the numerous failures by the United States government that denied justice to survivors. Recent disclosures made under the Epstein Files Transparency Act have underscored the depth of these failures. Records prove that Jeffrey Epstein’s crimes were first reported to the Federal Bureau of Investigation (FBI) in 1996, nearly a decade before Palm Beach police opened the investigation that resulted in Epstein’s first indictment. As we continue our inquiry, we request that the Department of Justice Office of the Inspector General (DOJ OIG) investigate the FBI’s failure in the 1990s to adequately respond to or investigate allegations of misconduct by Jeffrey Epstein, including his alleged possession and distribution of child sexual abuse material (CSAM), and to examine why subsequent internal Department reviews failed to meaningfully address that failure.”** ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Epstein, News, Press Release --- ### [Taking Child Pornography Seriously by Improving Restitution for Victims](https://www.jamesmarshlaw.com/taking-child-pornography-seriously-by-improving-restitution-for-victims/) **Published:** August 4, 2025 **Author:** James R. Marsh **Excerpt:** Combatting child pornography requires that laws and their enforcement be based on the unique ways that these crimes impact victims. The aggregate causation standard is best suited to impose restitution for the losses suffered by victims of non-contact child pornography crimes such as possession. Congress’s 2018 law holds more defendants accountable and increases victim restitution, but Congress and the Department of Justice can do more to help victims. **Content:** ## Key Takeaways - Combatting child pornography requires that laws and their enforcement be based on the unique ways that these crimes impact victims. - The aggregate causation standard is best suited to impose restitution for the losses suffered by victims of non-contact child pornography crimes such as possession. - Congress’s 2018 law holds more defendants accountable and increases victim restitution, but Congress and the Department of Justice can do more to help victims. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Pornography, Restitution --- ### [Epstein Accuser Sues Federal Government For Allegedly Ignoring Sexual Abuse Claims](https://www.jamesmarshlaw.com/epstein-accuser-sues-federal-government-for-allegedly-ignoring-sexual-abuse-claims/) **Published:** May 30, 2025 **Author:** James R. Marsh **Content:** One of Jeffrey Epstein’s earliest accusers filed a [lawsuit](https://storage.courtlistener.com/recap/gov.uscourts.dcd.281128/gov.uscourts.dcd.281128.1.0.pdf) against the federal government Thursday, accusing the FBI of refusing to act on her claims since she first reported sexual abuse nearly 30 years ago, as the Trump administration’s FBI faces greater scrutiny about the Epstein-related documents it has repeatedly promised to release. - Maria Farmer, who first brought sexual abuse claims against Epstein to the FBI in 1996, sued the federal government in Washington, D.C. federal court on Thursday, alleging the FBI “chose to do absolutely nothing” after she warned the agency about Epstien’s alleged sex crimes. - According to Farmer’s lawsuit, she said she was sexually assaulted by Epstein and his co-conspirator, Ghislaine Maxwell, while she stayed at Epstein’s estate as an “artist-in-residence” in 1996, and she accused them of stealing nude images of her minor sisters which Farmer had kept and used for her paintings. - While reporting her concerns to the FBI, Farmer said the agency hung up on her and failed to follow up or properly investigate, and she accused the agency of violating its Manual for Investigative Operations and Guidelines, which tasks the FBI with investigating violations of federal law. - Farmer also alleged she contacted the FBI in 2023 to request the agency investigate why it had ignored her complaints, to which the FBI allegedly responded they had other “priorit\[ies\] right now” and would “further assess” at a later time. - Farmer said the FBI’s alleged negligence “allowed Epstein to continue to sex traffic and sexually exploit girls and young women for years” and that “countless young women and girls would have been spared” if her concerns were investigated earlier. - Farmer’s lawsuit calls out Attorney General Pam Bondi, whom she notes has claimed the FBI possesses “thousands” of videos of child pornography from Epstein, stating her claims “could have been corroborated with minimal investigatory effort.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Epstein --- ### [Jeffrey Epstein accuser sues federal government for failing to protect her and other victims](https://www.jamesmarshlaw.com/jeffrey-epstein-accuser-sues-federal-government-for-failing-to-protect-her-and-other-victims/) **Published:** May 30, 2025 **Author:** James R. Marsh **Content:** [Jeffrey Epstein ](https://www.nbcnews.com/politics/justice-department/dan-bongino-kash-patel-jeffrey-epstein-rcna209871)accuser Maria Farmer filed a lawsuit against the federal government Thursday, alleging that it failed to protect her and other victims of the convicted sex offender and Ghislaine Maxwell. The lawsuit, filed in U.S. District Court for the District of Columbia, accuses the Justice Department, U.S. Attorney’s Offices, and the FBI of negligence and negligent infliction of emotional distress. According to the lawsuit, Farmer first reported to the FBI that she was sexually assaulted by the pair in 1996 and warned that they “had committed multiple serious sex crimes” against girls, including her minor sister. Farmer also allegedly told the FBI that Epstein stole nude and partially nude photos of two of her minor sisters who he transported across state lines and that he and others engaged in “possession, production, and distribution of sexually lascivious or exploitative images of children,” which could constitute child pornography. An attorney for Farmer, Jennifer Freeman, said the federal government should be held responsible for what happened to her client and other victims, adding that the U.S. violated the Federal Tort Claims Act, which allows people to sue the government for damages caused by negligence of their employees. “Had the federal government done their job, hundreds of victims would have been spared,” Freeman told NBC News. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Epstein --- ### [Epstein accuser sues federal government saying FBI did ‘absolutely nothing’ after she reported her abuse](https://www.jamesmarshlaw.com/epstein-accuser-sues-federal-government-saying-fbi-did-absolutely-nothing-after-she-reported-her-abuse/) **Published:** May 30, 2025 **Author:** James R. Marsh **Content:** An early accuser of [Jeffrey Epstein](https://www.the-independent.com/topic/jeffrey-epstein) filed a lawsuit against the federal government this week, alleging that the [FBI](https://www.the-independent.com/topic/fbi) did “absolutely nothing” to protect her and other victims after she reported the abuse – ultimately allowing the convicted sex offender and his associate [Ghislaine Maxwell](https://www.the-independent.com/topic/ghislaine-maxwell) to [continue exploiting young girls for years.](https://www.the-independent.com/news/world/americas/epstein-list-virginia-giuffre-prince-andrew-trump-clinton-b2740240.html) According to the lawsuit, filed in the U.S. District Court for the District of Columbia, Maria Farmer says she first reported Epstein and Maxwell in 1996, [claiming she had been sexually assaulted by the pair, ](https://www.the-independent.com/news/world/americas/crime/jeffrey-epstein-island-where-virginia-giuffre-visitors-b2740242.html)who she claims had also “committed multiple serious sex crimes” against other girls. Farmer alleged they were in “possession, production, and distribution of sexually lascivious or exploitative images of children,” including her minor sisters – allegations that would constitute child pornography under federal law. Farmer’s attorney Jennifer Freeman said the U.S. violated the Federal Tort Claims Act, which allows people to sue the government for damages caused by negligence of their employees. “Had the federal government done their job, hundreds of victims would have been spared,” Freeman told [NBC News](https://www.the-independent.com/topic/nbc-news). ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Epstein --- ### [Sexually Abused as a Child, Now Suing From Prison](https://www.jamesmarshlaw.com/sexually-abused-as-a-child-now-suing-from-prison/) **Published:** April 11, 2025 **Author:** Helene Weiss **Content:** Filing a lawsuit for childhood sexual abuse is a burdensome process under even the best of circumstances. For incarcerated survivors, the barriers are even more substantial – combining legal, social, and systemic challenges that make pursuing justice especially difficult. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2025/05/Helene-300x300.png) Helene Weiss Helene is a Partner at Marsh Law Firm and works to protect the rights of abuse survivors. Helene works on a wide range of matters representing survivors of childhood sexual abuse, child pornography, and campus sexual abuse, harassment, and retaliation. Helene is a former Special Victims Bureau Prosecutor at the Nassau County District Attorney’s Office, where she prosecuted an extensive array of criminal matters, including child abuse, sexual abuse, attempted murder, elder abuse, and domestic violence cases. Helene was also a member of the Animal Crimes Unit, where she prosecuted offenses perpetrated against animals, including severe torture and criminal neglect. [See Full Bio](https://www.jamesmarshlaw.com/author/heleneweiss/) **Categories:** Childhood Sexual Abuse, News --- ### [Should Child Protective Services be the sole decider of child abuse?](https://www.jamesmarshlaw.com/should-child-protective-services-be-the-sole-decider-of-child-abuse/) **Published:** April 21, 2025 **Author:** Helene Weiss **Content:** A child is brought to the emergency room with an injury. Was it caused by abuse? When investigated by the police, hospital staff, and child protective services (CPS), each entity may view the same events differently, but the sole and final decisionmaker is CPS. From the perspective of a layperson, this may be puzzling. Police are rigorously trained in detecting illegal behavior. Nurses and doctors spend years gaining practical experience in determining how injuries occur. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2025/05/Helene-300x300.png) Helene Weiss Helene is a Partner at Marsh Law Firm and works to protect the rights of abuse survivors. Helene works on a wide range of matters representing survivors of childhood sexual abuse, child pornography, and campus sexual abuse, harassment, and retaliation. Helene is a former Special Victims Bureau Prosecutor at the Nassau County District Attorney’s Office, where she prosecuted an extensive array of criminal matters, including child abuse, sexual abuse, attempted murder, elder abuse, and domestic violence cases. Helene was also a member of the Animal Crimes Unit, where she prosecuted offenses perpetrated against animals, including severe torture and criminal neglect. [See Full Bio](https://www.jamesmarshlaw.com/author/heleneweiss/) **Categories:** Foster Care, News --- ### [Defining a person in a 'position of trust' regarding unlawful sexual behavior](https://www.jamesmarshlaw.com/defining-a-person-in-a-position-of-trust-regarding-unlawful-sexual-behavior/) **Published:** May 14, 2025 **Author:** Gianna Elliot **Content:** There is no substitute for trust. Stephen Covey wrote: “Trust is the glue of life. It’s the most essential ingredient in effective communication. It’s the foundational principle that holds all relationships.” It is the intersection of power and vulnerability. When referring to unlawful – not just improper – behavior, who is a person in a ‘position of trust’? People that immediately come to mind may include clergy, teachers and coaches, babysitters, health and mental health professionals, and guardians. **Categories:** Childhood Sexual Abuse, News --- ### [Diocese of Rockville Centre reaches $320M settlement In sex abuse case](https://www.jamesmarshlaw.com/diocese-of-rockville-centre-reaches-320m-settlement-in-sex-abuse-case/) **Published:** September 27, 2024 **Author:** James R. Marsh **Content:** Four years ago, hundreds of victims came forward alleging that Catholic priests on Long Island had sexually abused them. Those victims finally reached a $320.5 million settlement Thursday with the Diocese of Rockville Centre. The diocese [first filed for bankruptcy](https://www.longislandpress.com/2020/10/01/diocese-of-rockville-centre-files-for-bankruptcy-citing-hundreds-of-sex-abuse-lawsuits/) back in 2020, and that claim has been hotly contested for the past four years. Meanwhile, the first official jury court date for the sex abuse lawsuit — scheduled for Oct. 7 — loomed ever closer. Today, with less than two weeks before that first jury trial, the [Diocese of Rockville Centre](https://www.drvc.org/) agreed on a $320.5 million settlement with the victims. “Rather than (accept April’s lowball offer), the survivors told the Diocese, its parishes, and their insurance companies to get ready to face New York juries for their wrongdoing,” said James Marsh, a partner and sexual abuse attorney with Marsh Law Firm, in a statement. “I hope this settlement paves the way for a similar approach in the other Catholic bankruptcies, some of which have been pending for even longer than this one,” Marsh continued. “If anyone out there wants to argue these claims aren’t worth much, they should be forced to make that argument to a jury.” The Diocese of Rockville Centre was at the center of one of the longest pending Catholic bankruptcies in the country. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Bankruptcy, Catholic Church, Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [Backstreet Boys singer’s counterclaim tossed after woman accused him of rape](https://www.jamesmarshlaw.com/backstreet-boys-singers-counterclaim-tossed-after-woman-accused-him-of-rape/) **Published:** August 14, 2024 **Author:** James R. Marsh **Content:** A judge on Tuesday dismissed a counterclaim of defamation filed by Backstreet Boys singer Nick Carter after a woman accused him of sexual assault, according to the woman’s attorney. Ashley Repp, represented by attorneys John Kawai and Margaret Mabie, [filed a lawsuit](https://www.reviewjournal.com/crime/courts/nick-carter-of-backstreet-boys-accused-of-rape-in-another-lawsuit-2896444/) against Carter alleging that he raped her on his yacht in 2003, when she was 15 years old. In the counterclaim, Carter admitted to having sex with Repp in 2003, saying that he had believed her to be 18 and that Repp had told him this was the case. Repp’s attorneys argued in a statement that this was an admission of statutory rape. Repp’s motion to dismiss Carter’s counterclaim was an anti-SLAPP motion. SLAPP is short for strategic lawsuits against public participation. The motion is designed to dismiss lawsuits filed to punish someone for exercising their First Amendment rights. In Repp’s case, this was accusing someone of a crime. “I am so thankful that the voice of my 15-year-old self is finally being heard and believed. All I ever wanted was to set myself free. I hope anyone else struggling can do the same,” Repp said in a statement shared by her attorneys. “More defendants are responding to sexual abuse lawsuits by suing survivors for defamation,” said Margaret Mabie, one of Repp’s attorneys, in a statement. “These attempts to scare off the truth of sexual abuse have a massive chilling effect on survivors seeking to bring claims against powerful people.” Repp’s attorneys said in a statement that while Carter’s counterclaims in his lawsuits against Schuman and Ruth still persist, “all survivors can celebrate that Ashley Repp prevailed in defending herself against Carter.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Childhood Sexual Abuse, Crime Victims' Rights, News --- ### [Attorneys, Paralegals and Expert Witnesses: Preparing For Trial](https://www.jamesmarshlaw.com/attorneys-paralegals-and-expert-witnesses-preparing-for-trial/) **Published:** November 28, 2023 **Author:** James R. Marsh **Content:** [Attorneys, Paralegals and Expert Witnesses: Preparing For Trial](https://vimeo.com/891859083) from [The Florida Bar](https://vimeo.com/user89669879) on [Vimeo](https://vimeo.com). Course #8208. Recorded: 11/28/24. CLE credit: 1 hour General. Featuring Marsh Law Partner Helene Weiss > Hi, Helene. I’m a paralegal in Florida. And I just wanted to let you know I just finished listening to one of the CLE credits of the courses that you gave. And let me tell you, I have never, and I’ve been doing this for 30 years now, I’ve never heard of a better class. I mean, you nailed it to the point that I told all my lawyers now that I want them to listen to this video, but I just wanted to tell you thank you. I mean, wow. I felt like I was listening to myself. I mean, you nailed it and you nailed it so well from a paralegal perspective. I just, I wanted to let you know that it’s, I don’t know if you teach other courses, but that would be great if you did. > > CLE Attendee ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Tutorials, Video --- ### [For Some Sex Assault Accusers, This Local Law Has Become a Last Resort](https://www.jamesmarshlaw.com/for-some-sex-assault-accusers-this-local-law-has-become-a-last-resort/) **Published:** September 10, 2024 **Author:** James R. Marsh **Content:** In New York, where state laws that extended the time to file sex abuse suits have lapsed, plaintiffs have found one remaining tool: Section 10-1105 of New York City’s administrative code. The provision, known as the [Victims of Gender-Motivated Violence Protection Law](https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-7235), has provided the basis for recent lawsuits against the Aerosmith frontman Steven Tyler; the luxury real estate agents [Tal and Oren Alexander](https://www.nytimes.com/2024/07/24/realestate/tal-oren-alexander-sexual-assault.html); [New York City’s Department of Correction](https://www.nytimes.com/2024/04/30/nyregion/juvenile-detention-center-lawsuits.html); and [the hip-hop mogul Sean Combs](https://www.nytimes.com/article/diddy-sean-combs-lawsuit-allegations.html), who is a defendant in four. … Several judges, including Judge Kaplan, have ruled that the amendment cannot revive those older cases. At least one other jurist ruled differently, allowing claims from the 1980s to proceed. Helene M. Weiss, a lawyer who represents plaintiffs in sexual abuse cases, said decisions such as Judge Kaplan’s have jeopardized the future of the amendment, making some lawyers wary of taking gender-motivated-violence cases at all. The purpose of this kind of legislation, she said, was to acknowledge how common it is for sexual assault victims to not come forward with their claims until many years later. “This is just a major step backward,” she said of Judge Kaplan’s ruling, “in what we believe the City Council was trying to do.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [Diplo Accused of Distributing Revenge Porn in New Lawsuit](https://www.jamesmarshlaw.com/diplo-accused-of-distributing-revenge-porn-in-new-lawsuit-2/) **Published:** June 27, 2024 **Author:** James R. Marsh **Content:** A federal lawsuit filed in California on Thursday by a woman identified as Jane Doe accuses the DJ and producer **Diplo** of distributing revenge porn. According to the suit, Doe began communicating with Diplo, born Thomas Wesley Pentz, on Snapchat in April 2016, when she was 21 years old, and they exchanged pornographic images for two months. Doe and Diplo began having sex, according to the suit, and their relationship continued until October 2023, the month before Doe learned that Pentz had been distributing images and videos of their sexual encounters without her knowledge or consent. Doe is seeking damages from Pentz for violations of revenge porn statutes. “Tragically, this is not the first time the defendant has shamed and violated a woman by disseminating intimate images without her consent,” **Helene Weiss,** an attorney for Doe, said in a statement. “Diplo’s alleged illicit pattern of behavior illustrates the harm he’s caused Jane Doe, and other young women just like her.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** News --- ### [Diplo Accused of Distributing Revenge Porn in New Lawsuit](https://www.jamesmarshlaw.com/diplo-accused-of-distributing-revenge-porn-in-new-lawsuit/) **Published:** June 27, 2024 **Author:** James R. Marsh **Content:** DJ and producer [Diplo](https://variety.com/t/diplo/) has been sued for distributing revenge porn, marking the second accusation lobbed against him for the same offense in less than a year. “Tragically, this is not the first time the defendant has shamed and violated a woman by disseminating intimate images without her consent,” said Doe’s attorney Helene Weiss, partner at Marsh Law Firm, in a statement shared with *Variety*. “Diplo’s alleged illicit pattern of behavior illustrates the harm he’s caused Jane Doe, and other young women just like her.  Our client deserves justice, and she’s hopeful that this litigation may serve as a catalyst in ending the defendant’s repeated victimization of women once and for all.” “Revenge pornography is an abhorrent violation of privacy and trust, inflicting profound emotional trauma on victims like Jane Doe,” adds Micha Liberty of Liberty Law. “Diplo’s actions represent a severe abuse of power and a blatant disregard for human dignity. It is imperative that we, as a society, condemn such actions and hold perpetrators accountable. This lawsuit is a vital step towards justice, highlighting the necessity of protecting the rights of those who have been exploited. Jane Doe’s bravery in speaking out against this injustice is a powerful reminder of the need for systemic change to support and safeguard all survivors of such violations.” “Rampant repeated sexual abuse by the rich and famous is deeply embedded into the entertainment industry, but we are witnessing a cultural shift where survivors and their stories refuse to remain silent in the name of tours and ticket sales,” says Margaret E. Mabie, partner at Marsh Law Firm. “Our brave client’s story is one of Diplo’s many worst-kept secrets, and the filing this case is her first step at forging a path to civil justice.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** News --- ### [As Survivors Seek Justice, New York Child Welfare Agencies Face the Costs of Decades-Old Sexual Abuse Lawsuits](https://www.jamesmarshlaw.com/as-survivors-seek-justice-new-york-child-welfare-agencies-face-the-costs-of-decades-old-sexual-abuse-lawsuits/) **Published:** February 21, 2024 **Author:** James R. Marsh **Content:** A new [report](https://nam12.safelinks.protection.outlook.com/?url=https%3A%2F%2Fseachangecapitalpartners.app.box.com%2Fs%2Fdhgyd2gqx65i464fhsqth3q2ctpk1ibu&data=05%7C02%7Cjamesmarsh%40marsh.law%7Cad789150066c47a1406f08dc330b7a67%7Ceb4f6f0136e142e6ad35255c3cd3c188%7C0%7C0%7C638441371632899299%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C4000%7C%7C%7C&sdata=ZnHNZMQ5mW3%2FqWaseRx1c0gZgmn%2BSjvwXpdaUlpQAn4%3D&reserved=0) focused on dozens of New York agencies serving children, youth and families in the foster care system revealed a shocking number last month: These nonprofits now face more than 800 lawsuits alleging childhood sexual abuse, including allegations that date back as far as the 1950s. The legal challenges follow passage of the 2019 [Child Victims Act](https://nam12.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.nysenate.gov%2Flegislation%2Fbills%2F2019%2FS2440&data=05%7C02%7Cjamesmarsh%40marsh.law%7Cad789150066c47a1406f08dc330b7a67%7Ceb4f6f0136e142e6ad35255c3cd3c188%7C0%7C0%7C638441371632907852%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C4000%7C%7C%7C&sdata=NucyFUmEz3ye1OfyLUk5R51P1zit1FlBucLzbu6mzxU%3D&reserved=0), a law written to “finally allow justice for past and future survivors of child sexual abuse, help the public identify hidden child predators through civil litigation discovery, and shift the significant and lasting costs of child sexual abuse to the responsible parties.” The state law, mirroring similar legislation across the country, lifted state statutes of limitation for survivors of abuse to file legal claims against their alleged perpetrators. Claimants had until Aug. 21, 2021 to file lawsuits. Fifteen percent of the almost 11,000 cases filed in New York State against clergy, individuals and schools involve child welfare agencies, including some long-standing New York institutions, according to an analysis by [Child USA](https://nam12.safelinks.protection.outlook.com/?url=https%3A%2F%2Fchildusa.org%2Fwp-content%2Fuploads%2F2021%2F08%2FA-Preliminary-Report-on-the-New-York-Child-Victims-Act.pdf&data=05%7C02%7Cjamesmarsh%40marsh.law%7Cad789150066c47a1406f08dc330b7a67%7Ceb4f6f0136e142e6ad35255c3cd3c188%7C0%7C0%7C638441371632915102%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C4000%7C%7C%7C&sdata=LsIup4KloNHVZYehrrPY%2BEWMAdu7p%2BNWbRtuZg9tVRg%3D&reserved=0), a nonprofit that focuses on prevention of child sexual abuse. The plaintiffs seek monetary damages and accountability for incidents they say have caused them a lifetime of trauma. “The foster care agencies completely failed them,” said Helene Weiss, a lawyer whose firm is representing dozens of survivors under the Child Victims Act. “When you are in a foster home or agency where you think you’re safe, you think you’re supposed to be taken care of — and where you’re supposed to trust the people who take care of you — and you face something as horrific as childhood sexual abuse at that institution not once or twice, but maybe for a period of five or six years, that destroys your entire childhood,” Weiss said. “That person’s life will never, ever be the same. You really can’t put a price tag on that kind of suffering.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Victims Act (CVA), Childhood Sexual Abuse, Foster Care, News --- ### [Title IX: A Paradigm of Legal Nuance](https://www.jamesmarshlaw.com/title-ix-a-paradigm-of-legal-nuance/) **Published:** February 8, 2024 **Author:** James R. Marsh **Content:** by [Helene M. Weiss](https://www.jamesmarshlaw.com/our-team/helene-m-weiss/) Title IX of the Education Amendments of 1972 affords protection from discrimination based on sex in education programs or activities that receive federal financial assistance. Schools subject to Title IX must independently investigate claims of sex discrimination, assess responsibility to a party (based on their own codes of conduct that are compliant with Title IX), and administer any appropriate disciplinary measures. Title IX investigations are supposed to be a fair and effective tool to make informed decisions about student complaints. Not surprisingly, the practical application of this federal law is often as nuanced as the behaviors that brought about the complaint to begin with. A recent case demonstrates this very well. In *Matter of P.C. v. Stony Brook University* (2023 N.Y. App. Div), a student respondent was accused of violating several sections of the university’s Code of Student Responsibility by “engaging in various forms of sexual misconduct against \[a fellow student\].” As such, a Title IX investigation into the conduct at question was initiated, and the University Review Panel determined that the accused student was in fact responsible for violating several sections of the university’s Code. Ultimately, the student respondent was suspended. However, the student appealed the university’s decision, which was reversed by the Supreme Court of New York. The court held that the University Review Panel “did not find that the \[student victim\] was incapacitated by intoxication, and since there was no finding on incapacitation, the only question before the court was whether substantial evidence showed that the \[student victim\], while able to consent, nevertheless did not do so.” To some, this was a surprising judgment call. The court held that the answer to that question was “no”—and that there was *not* substantial evidence to prove the victim was “unable to consent”—and that the Review Panel was “not left with adequate evidence to support the conclusion that \[the victim\] had not affirmatively consented to the sexual conduct in which she engaged with the petitioner.” As such, the university vacated all penalties imposed upon the petitioner and expunged any references regarding the incident from his academic record. For victims of on-campus sexual assault, a decision like this one can be a disturbing reminder of the exact rights that survivors of abuse are afforded. Due to the university’s inability to adequately determine incapacity—a seeming error on behalf of the university’s Title IX panel—the court ruled that there was not enough evidence to prove the student had not “affirmatively consented” to the sexual acts in question. Thus, if a Title IX administrative panel isn’t properly and thoroughly conducting their job, the harsh and sobering consequences may fall on the claimant. The Title IX hearing process is a grueling one. Students are expected to submit to a panel, gather their own evidence, witnesses and an advisor and put trust in their school’s administrative powers. When an administrative panel fails to adequately conduct their review, or completely neglects to analyze essential questions required to evaluate a Title IX claim (such as incapacitation), miscarriages of justice can occur. Had the Review Panel at Stony Brook conducted a thorough examination into the ultimate questions at hand and evaluated the necessary element of incapacitation, or had the university hired an outside Title IX Hearing Officer to formally conduct the hearing in a manner that abides by the university’s own rules, the victim in this case may have had a much different outcome. Unsurprisingly, the hiring and use of outside Title IX hearing officers by university Title IX departments has become a more common practice in recent years. As universities come to the realization that Title IX proceedings and hearings require much more attention to complex and subtle legal issues than most administrators or university professors are equipped to handle, outsourcing to an expert in the field has become a desirable option for colleges, and one that leaves less room for error, both for the accused and for the victim. Title IX misconduct allegations can yield serious academic, psychological and professional consequences for the claimant and the accused. For this reason, the many nuances of Title IX work demand that attorneys be able to advocate for appropriate and timely corrective actions with as little disruption as possible. **Helene M. Weiss** *is a partner at the Marsh Law Firm in New York and Special Professor of Law, Maurice A. Deane School of Law, Hofstra University. Contact: <heleneweiss@marsh.law>.* **Daniel Pollack**, *MSW, JD, is a professor at Yeshiva University’s School of Social Work in New York City. Contact: <dpollack@yu.edu>.* ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Campus Sexual Assault, Crime Victims' Rights, News, Title IX --- ### [Nick Carter sued by a third woman who accuses him of sexually assaulting her in her teens](https://www.jamesmarshlaw.com/nick-carter-sued-by-a-third-woman-who-accuses-him-of-sexually-assaulting-her-in-her-teens/) **Published:** August 30, 2023 **Author:** James R. Marsh **Content:** A third woman has sued [Nick Carter](https://www.latimes.com/entertainment-arts/story/2023-02-02/nick-carter-countersuit-rape-allegations-backstreet-boys-shannon-ruth) for alleged sexual assault and is accusing the [Backstreet Boys](https://www.latimes.com/entertainment-arts/music/story/2022-11-07/nick-carter-brother-aaron-carter-backstreet-boys-tribute) performer of forcing her to have sex with him on multiple occasions in 2003 when she was 15 and he was 23. The 10-page complaint obtained by The Times was filed Monday in federal court in Las Vegas, where Carter lives, alleges sexual battery and intentional and negligent emotional distress and seeks $15,000 in damages. The suit further alleges that the singer — whose legal name is Nickolas Carter — infected her with HPV during three alleged assaults in Florida. The woman, identified only as “A.R.,” is the third to come forward against Carter, accusing the pop singer of sexual assault in the early 2000s during the height of his fame. “We hope that A.R. receives some measure of justice and that this lawsuit will pave the way for other survivors to hold their abusers to account,” attorney Margaret Mabie said in a statement. Mabie, with the New York-based Marsh Law Firm, filed the lawsuit on A.R.’s behalf. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Cases, Childhood Sexual Abuse, Crime Victims' Rights, News --- ### [Opinion: Former AG who silenced sexual assault survivors slated to become federal judge](https://www.jamesmarshlaw.com/opinion-former-ag-who-silenced-sexual-assault-survivors-slated-to-become-federal-judge/) **Published:** February 26, 2023 **Author:** James R. Marsh **Content:** Before former New Hampshire Attorney General Michael Delaney went before the Senate Judiciary Committee last week, we hoped the hearing would be a referendum on progress since the #MeToo movement. That Delaney still has a shot at serving on a federal court bench means we are falling far short of making any meaningful progress. As a defense attorney, Delaney wielded tactics to protect perpetrators of sexual assault and the elite schools where peer-on-peer assaults commonly occur. Now, he is the nominee to a[ U.S. Court of Appeals](https://www.reuters.com/legal/government/biden-nominates-former-nh-attorney-general-delaney-appeals-court-2023-01-19/). Though he is praised by lawmakers for his[ “meaningful contributions”](https://www.shaheen.senate.gov/news/press/shaheen-hassan-applaud-nomination-of-michael-delaney-to-the-first-circuit-us-court-of-appeals) to his community, Delaney is[ a problematic nominee](https://www.bostonglobe.com/2023/02/01/metro/problematic-nominee/). His[ litigation experience](https://www.mclane.com/people/michael-delaney/) is heavily weighted toward defending large organizations against abuses they perpetrate against their employees and clients. Delaney has a track record of protecting the reputations of institutions at all costs, including by employing questionable judgment and unethical practices. Most egregiously, Delaney challenged the anonymity of a then 15-year-old student who was sexually assaulted by a peer on the campus of St. Paul’s School in Concord, New Hampshire. In his legal defense of St. Paul’s, Delaney sought to make the survivor’s name publicly known as a way to[ intimidate her into silence](https://www.bostonglobe.com/metro/2016/08/31/claiming-right-her-own-name/6XZ7JTXpWMI5Z88GK1xq8J/story.html). This tactic was used to silence many of the dozens of  victims who came forward against St. Paul’s. The tactic of silencing and shaming sexual assault survivors is unacceptable for anyone, but especially for a federal judge. We would know. We are the parents of that 15 year-old, Chessy Prout. Sexual assault at schools is a lot more common than you may think. Statistics tell us that[ 1 in 4 girls will be sexually assaulted](https://www.cdc.gov/violenceprevention/childsexualabuse/fastfact.html) by the time they graduate high school. For boys, that number is 1 in 13. Chances are you know a child who has been affected. The fact that sexual assault is rampant among adolescents is why Delaney’s appointment is so problematic. His tactics perpetuate the secondary victimization of survivors: [the isolation and backlash they endure after coming forward](https://www.washingtonpost.com/business/2018/10/06/less-than-percent-rapes-lead-felony-convictions-least-percent-victims-face-emotional-physical-consequences/). These tactics have no place on a federal court bench. “In sexual assault cases, the defense knows the plaintiff’s identity,” says Katie Shipp, managing partner, Marsh Law Firm. “Attempting to force her identity to be revealed serves no purpose other than to frighten her into silence and warn other survivors of what may happen if they come forward.” These tactics are all too common. Institutions where sexual assault occurs have for decades sought to intimidate survivors from coming forward, so much so that there is a predictable formula for doing so. Institutions’ well-worn playbook keeps survivors silent and the crime of sexual assault concealed. Psychologist Dr. Jennifer Freyd coined the term DARVO to describe institutional behavior to shame survivors and prevent the truth about assault from coming to light. DARVO stands for [deny, attack, and reverse victim and offender](https://dynamic.uoregon.edu/jjf/defineDARVO.html). Freyd found that perpetrators (or complicit institutions) commonly claim to be falsely accused and play the victim of a whistleblower’s own wrongdoing. Thanks to survivor-silencing tactics like Delaney’s, it is no surprise that [sexual assault is one of the most underreported crimes](https://www.rainn.org/statistics/criminal-justice-system). Survivors of sexual assault fear [losing their jobs, facing retaliation, not being believed, and being isolated from their communities](https://www.nytimes.com/2018/09/23/us/why-i-didnt-report-assault-stories.html) should they come forward. The threat to survivors is real. We experienced [isolation and retaliation](https://www.bostonglobe.com/metro/2016/08/25/prominent-paul-parent-helped-pay-for-accused-rapist-defense/jCp5G2Xls6tPqk21JK7qAO/story.html) firsthand after our daughter, Chessy, came forward. It is for this reason that we co-founded the nonprofit [I Have The Right To](https://ihavetherightto.org/): to support survivors and their parents while they endure what our own daughter endured. It is important to know that Delaney’s tactics aren’t just harmful to survivors. They are a threat to weighing the equal and fair application of justice, which affects us all. As a judge on a federal court of appeals, Delaney will be responsible for determining if previous cases were tried appropriately in the court of law. It is dangerous for an individual with this responsibility to have employed unethical practices and pushed the envelope himself. Delaney asked the Senate Judiciary Committee to evaluate his nomination based on the totality of his career.  When a case is as egregious as this one, it is indicative of an attorney’s inability to apply the law and should disqualify him from serving as a judge. The committee knows this, too: It is why they unanimously focused on Delaney’s role in the St. Paul’s case during his hearing. As long as schools page through the well-worn playbook of deny, attack, and reverse the victim and offender, there will be attorneys doing the same. Let’s not make one of them a federal judge. *Alex and Susan Prout are co-founders of I Have The Right To, where they work with survivors and their families, schools, and communities to support survivors of sexual assault in middle and high schools.* ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Campus Sexual Assault, Crime Victims' Rights, News --- ### [Two more former paperboys come forward to allege sexual abuse by supervisor: Lawsuit](https://www.jamesmarshlaw.com/two-more-former-paperboys-come-forward-to-allege-sexual-abuse-by-supervisor-lawsuit/) **Published:** September 25, 2020 **Author:** James R. Marsh **Content:** Two former paperboys for a Gannett-owned newspaper filed a complaint on Friday alleging that they were sexually abused by their supervisor nearly 40 years ago, joining five other former paperboys who have made similar allegations. Ballard Tackett, 47, and Kelby Ash, 49, allege that they were repeatedly molested by Jack J. Lazeroff, a onetime district sales manager for the Rochester, N.Y.-based Democrat & Chronicle, when Lazeroff oversaw their paper route between 1982 and 1985, when Tackett was 11 to 12 years old and Ash was 11 to 13 years old. According to James Marsh, a partner at Marsh Law Firm PLLC, which represents all seven of Lazeroff’s alleged victims, these cases “highlight the risk that all children face.” “The realization that it isn’t just scouts or students or alter boys who are at-risk for child sex abuse is profound and these lawsuits are a good example of how predators will take advantage of children wherever and however they can,” Marsh told ABC News in a statement. “Power, access, and opportunity can place any child at risk anywhere from anyone. Even a paperboy trying their best to finish their route before school can be victimized, which, while a shocking realization, also unfortunately makes perfect sense.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Cases, Child Victims Act (CVA), Childhood Sexual Abuse --- ### [‘Basketball Diaries’ coach ‘Lefty’ named in Boys & Girls Club sexual abuse lawsuit](https://www.jamesmarshlaw.com/basketball-diaries-coach-lefty-named-in-boys-girls-club-sexual-abuse-lawsuit/) **Published:** September 24, 2019 **Author:** James R. Marsh **Content:** Two predators were allowed unfettered access to vulnerable children and their repeated sexual abuse was ignored by staff at the then-Madison Square Boys Club, according to 20 plaintiffs in a civil lawsuit filed in New York on Monday. The Madison Square Boys Club was the original Boys Club in New York City and one of the founding members of what eventually became the Boys & Girls Clubs of America. “Predators were running the institution,” said James Marsh, an attorney whose firm is representing the victims in the case. “People running, funding and directing \[the club\] were actually the problem. I don’t think this was about protecting the institution — I think they were the institution.” The lawsuit filing follows the publication of [Hearst Connecticut Media’s six-month investigation into child sex abuse at Boys & Girls Clubs of America affiliates in 30 states](http://www.ctinsider.com/news/investigations/at-risk/). The investigation found 250 people who say they were abused by staff, volunteers and other members and found allegations that adults at multiple clubs did not report abuse. The club — a powerful entity revered and supported by New York City’s elite in its heyday — didn’t just ignore abuse, but purposefully structured the organization to provide vulnerable at-risk youth to predators in positions of power, according to the civil attorneys representing alleged victims. “We have a number of people who allege they were sexually abused by different people and you get to the point where you start to wonder what the motivation was for the club, given the number of different people who’ve brought allegations over time,” said Seattle-based attorney Jason Amala, who has teamed up with Marsh’s firm on the case. “At this point, we don’t know the full extent of it and that’s one of the things our clients want to figure out.” This alleged abuse went unchecked, Marsh said, because of the power of the Madison Square Boys Club. Founded in 1884, the club formed at a time when most public welfare was only available through philanthropic organizations. At the turn of the century, some of the wealthiest men in America began an endowment to start a clubhouse for troubled boys from the lower East Side of Manhattan. Their goal was to help poor boys grow into middle-class Americans, historical documents show. “It was seen as an organization that did a lot of good,” Freeman said. “But it had an ugly underside.” The impressive, expansive building gave disadvantaged children an opportunity to experience activities they never had before for free, Marsh said. There were bowling alleys, two gyms, running tracks, a pool and a roof garden. Kids could take candy-making classes, historical documents show, or learn to debate. There were theatrical shows, costume parties and summer camps. “Many of these boys were immigrants and had no jobs,” Marsh said. “They grew up in a time and place when kids were getting killed on the street. The club was heaven to them.” Because of their fond memories of their time at the club, Freeman said many victims feel conflicted about coming forward. “I think the reason we haven’t seen more victims come forward is because whatever horrors they endured at the Boys Club were not as bad as the mean streets they grew up on,” Marsh said. Many of the victims feel they owe their success and survival to the Madison Square Boys Club, Marsh said. The dire situations of the boys’ lives provided sexual predators an opportunity to manipulate them and groom them for abuse, the attorney added. “Youth service organizations fill a void in a kid’s life, especially if that child comes from a broken home,” Amala said. “There were very fond memories for a lot people there. But, the flip side is they find out later the organization didn’t protect them.” Amala said it’s common for a youth organization accused of ignoring abuse decades ago to now claim it was unaware of any risk to children. “I don’t think that’s true,” the attorney said. “Even if it’s true \[sex abuse prevention has evolved\], these organizations generally knew more about these problems than they say. The fact that they concealed the abuse makes it much worse — they knew and weren’t saying anything.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Archibald Scandal, Child Victims Act (CVA), Childhood Sexual Abuse, Madison Square Boys Club MSBC --- ### [How To Deal With a Child Victims Act Client With a Weak Case](https://www.jamesmarshlaw.com/how-to-deal-with-a-child-victims-act-client-with-a-weak-case/) **Published:** September 8, 2023 **Author:** Helene Weiss **Content:** The decision to bring a lawsuit by survivors of child sexual abuse is an especially agonizing one. The last thing they want to hear from their prospective or retained attorney is that the legal case is just not a good one—or that it might take years to resolve. How do attorneys properly relay sensitive and important case information to their clients? And how should attorneys manage expectations from the outset with an especially vulnerable client? ### **Strong v. Weak Cases** New York’s Child Victims Act (CVA) extended the statute of limitations for survivors of child sexual abuse in criminal and civil cases. Previously, the statute of limitations for misdemeanor offenses ended when survivors turned 20 years old. Since August of 2019, nearly [11,000 CVA cases have been filed](https://nam12.safelinks.protection.outlook.com/?url=https%3A%2F%2Fchildusa.org%2Fwp-content%2Fuploads%2F2021%2F08%2FA-Preliminary-Report-on-the-New-York-Child-Victims-Act.pdf&data=05%7C01%7Cjamesmarsh%40marsh.law%7Cf2919ecf0ca942911f7808dbb25fe188%7Ceb4f6f0136e142e6ad35255c3cd3c188%7C0%7C0%7C638299897169409368%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C7000%7C%7C%7C&sdata=eN%2BXDL5CEXWAO2pTtP5t7Z%2BaNj%2FcBAG0i%2FFGFpx8poE%3D&reserved=0) across New York State.  Out of those cases, over [50% of filed claims name a religious institution ](https://nam12.safelinks.protection.outlook.com/?url=https%3A%2F%2Fchildusa.org%2Fwp-content%2Fuploads%2F2021%2F08%2FA-Preliminary-Report-on-the-New-York-Child-Victims-Act.pdf&data=05%7C01%7Cjamesmarsh%40marsh.law%7Cf2919ecf0ca942911f7808dbb25fe188%7Ceb4f6f0136e142e6ad35255c3cd3c188%7C0%7C0%7C638299897169409368%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C7000%7C%7C%7C&sdata=eN%2BXDL5CEXWAO2pTtP5t7Z%2BaNj%2FcBAG0i%2FFGFpx8poE%3D&reserved=0)as a defendant.  Although the CVA window closed on August 14, 2021, the [new legislation](https://nam12.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.nyscasa.org%2Fchild-victims-act-resource-guide%2F&data=05%7C01%7Cjamesmarsh%40marsh.law%7Cf2919ecf0ca942911f7808dbb25fe188%7Ceb4f6f0136e142e6ad35255c3cd3c188%7C0%7C0%7C638299897169409368%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C7000%7C%7C%7C&sdata=eZrGZ%2F%2BNnFExaYKKBh2mLW0u3slmv%2FM%2BVLauljTMlco%3D&reserved=0) allows victims of sexual assault to bring a civil lawsuit until their 55th birthday, as opposed to previous legislation limiting the time until a plaintiff’s 23rd birthday. The Child Victims’ Act has empowered survivors of abuse from decades ago to seek justice for the crimes committed against them as children.  But the passage of time in these important cases also brings many hurdles for the attorneys on the front lines, as well as their clients.  Crucial witnesses may have since passed away, photographs and employee directories may be difficult to recover, and defendant institutions may have since deleted essential documents that would have helped prove a client’s claim.  As such, proving a CVA case can be burdensome for attorneys who are left with only the testimony of their client. While testimony is considered evidence, and a plaintiff’s testimony regarding their own sexual abuse may be considered enough evidence to secure a positive outcome, a stronger CVA case exists when a plaintiff is able to produce some sort of documentary evidence, such as medical records, therapy documents, photographs, diary entries, yearbook information, and other helpful pieces of recorded, relevant history. Helpful documentary evidence may consist of anything that further substantiates a client’s claim, as well as evidence that sheds light into a defendant’s knowledge and notice of the abuse. In any event, it is imperative for clients to understand how notice imputed to an institutional defendant will affect their case. This may, in turn, help clients be more forthcoming with helpful information or evidence to prove such notice. Defendant institutions may have retained essential documents—even if they are from 40 or more years ago.  Plaintiff attorneys must be persistent in seeking this information from defendant institutions, as discovery sought through litigation can reveal substantial evidence of notice to the defendant regarding not only an abuser’s propensity to commit sexual abuse against minors, but also the failures of that defendant in preventing abuse that they knew or should have known about. However, even after diligent research, thorough investigations, and endless discovery requests, some CVA clients may be left with sparse evidence that supports their claims, but for their own testimony. ### **Managing Clients’ Expectations** The key to helping clients who have suffered from unimaginable trauma is to be upfront and honest about expectations from the very start of their case.  From the outset, attorneys handling cases of this nature should be mindful to manage client expectations through clear communication. Clients should be aware that they will be asked sensitive, personal, and detailed questions about their abuse. Attorneys should be mindful that each client will have a different set of expectations. Some may want a quick resolution, while others may already be anticipating a drawn-out process. Either way, clients must be advised that cases of this nature typically take several years to resolve. Even with testimonial evidence, documentary evidence, photographs and recordings, a defendant may not be eager to swiftly resolve these cases. Attorneys can further combat unreasonable expectations by thoroughly explaining each step of litigation and how long it may take to complete: filing a complaint, requesting paper discovery, depositions, medical examinations, and expert evaluations, and for some clients, trial preparation. Moreover, attorneys should counsel their clients to be prepared for invasive and uncomfortable questions from defense attorneys during discovery and at their deposition. When a litigant has a full understanding of the scope and nature of how their lawsuit will proceed, they are less likely to end up with unmanageable expectations. Nevertheless, lawsuits of this nature are especially taxing on clients—physically, psychologically, and sometimes spiritually. Clients who are exhausted by the process may decide they no longer wish to pursue a case, even after litigation has begun. Other clients may find themselves out of options after an unfavorable decision on a motion to dismiss or motion for summary judgment is rendered. Learning how to counsel clients through these difficult stages of litigation is an essential skill. Most importantly, the attorney must validate the clients’ feelings and their recollection of the shattering events they experienced. Yet, attorneys must still be frank with their clients about possible case outcomes to manage expectations. Breaking bad news is hard. Words matter, so know exactly what you are going to say before meeting with the client. No matter how tactful and sensitive you are, some clients may still be dissatisfied with your explanation of how (and for how long) their case could potentially pan out. Toward this end, have a relationship mindset, not merely a transactional one. **Helene M. Weiss** is a partner at Marsh Law Firm, and Special Professor of Law at Maurice A. Deane School of Law, Hofstra University. **Daniel Pollack***, MSW, JD, is a Professor at Yeshiva University’s School of Social Work in New York.* He was also a Commissioner of Game Over: Commission to Protect Youth Athletes, an independent blue-ribbon commission created to examine the institutional responses to sexual grooming and abuse by former USA Gymnastics physician Larry Nassar. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2025/05/Helene-300x300.png) Helene Weiss Helene is a Partner at Marsh Law Firm and works to protect the rights of abuse survivors. Helene works on a wide range of matters representing survivors of childhood sexual abuse, child pornography, and campus sexual abuse, harassment, and retaliation. Helene is a former Special Victims Bureau Prosecutor at the Nassau County District Attorney’s Office, where she prosecuted an extensive array of criminal matters, including child abuse, sexual abuse, attempted murder, elder abuse, and domestic violence cases. Helene was also a member of the Animal Crimes Unit, where she prosecuted offenses perpetrated against animals, including severe torture and criminal neglect. [See Full Bio](https://www.jamesmarshlaw.com/author/heleneweiss/) **Categories:** Cases, Child Victims Act (CVA), News --- ### [Lying to Minors During Interrogations Should Be Illegal](https://www.jamesmarshlaw.com/lying-to-minors-during-interrogations-should-be-illegal/) **Published:** April 21, 2022 **Author:** James R. Marsh **Content:** Rule 603 (Oath or Affirmation to Testify Truthfully) of the Federal Rules of Evidence is unambiguous: “Before testifying, a witness must give an oath or affirmation to testify truthfully. It must be in a form designed to impress that duty on the witness’s conscience.” The U.S. Supreme Court has ruled that similar language does not apply to police officers when they are interrogating a suspect. *Frazier v. Cupp*, 394 U.S. 731 (1969). Nonetheless, a small number of [states](http://nam12.safelinks.protection.outlook.com/?url=https%3A%2F%2Freason.com%2F2022%2F02%2F25%2Fcolorado-legislators-advance-bill-to-ban-police-from-lying-to-minors-during-interrogations%2F&data=05%7C01%7Cjamesmarsh%40marsh.law%7C8ddf4debf5774565174808da248d82c9%7Ceb4f6f0136e142e6ad35255c3cd3c188%7C0%7C0%7C637862487470294808%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=%2B1Fh0ilMcJBAqdMHDHkZQEZDXBCK%2Boytmc%2BVHDPkVtQ%3D&reserved=0) have banned police from lying or being deceptive when interrogating minors. New York should follow suit. Past president and current Board Member of the New York State Trial Lawyers Association, attorney Jeff Korek, supports the proposed legislation: “I have to think that using deceptive interrogation techniques—especially on juveniles—would enhance the chances of those minors making a false confession. If we want our justice system to be respected, it must be built on a foundation of truth.” Defendants in criminal cases, including minors, are presumed innocent until proven guilty, and a false confession elicited by deceptive tactics should certainly not be considered a reliable indicator of culpability. By recording interrogations and prohibiting deceptive practices during custodial interrogations, New York will be placing itself at the “forefront of fairness and transparency in the justice system.” Senate Bill S324A. Indeed, protecting our children from falsely incriminating themselves should be a crucial consideration for law enforcement agencies, district attorney offices, and our legislators alike. **Daniel Pollack***, MSW, JD, is a Professor at Yeshiva University’s School of Social Work in New York. Contact: <dpollack@yu.edu>.* **Helene M. Weiss** *is an associate attorney at the Marsh Law Firm in New York, and Special Professor of Law, Maurice A. Deane School of Law, Hofstra University. Contact: [heleneweiss@marsh.law](http://nam12.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.jamesmarshlaw.com%2Fpeople%2Fhelene-m-weiss%2F&data=05%7C01%7Cjamesmarsh%40marsh.law%7C8ddf4debf5774565174808da248d82c9%7Ceb4f6f0136e142e6ad35255c3cd3c188%7C0%7C0%7C637862487470294808%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=s%2BBNjRA7cfqFC3nWRy0z%2B5SRMwMaK1JO7rScwOXgP3s%3D&reserved=0).* ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** News --- ### [Lawyer for Knoxville Catholic diocese held conflicting roles in sex abuse case](https://www.jamesmarshlaw.com/lawyer-for-knoxville-catholic-diocese-held-conflicting-roles-in-sex-abuse-case/) **Published:** November 23, 2022 **Author:** James R. Marsh **Content:** ## knox news - The lawyer for the Catholic Diocese of Knoxville sits on a sexual abuse review board while also defending the church against an abuse lawsuit. - “It is a worst practice, one that mocks the claim by U.S. bishops that they’ve turned a new leaf when it. comes to abuse,” says one watchdog. - Sexual abuse review boards were created by the Catholic church as a response to the explosive sexual abuse findings in the early 2000s. The diocese said it “is confident that no conflicts exist under the facts of the case.” When Jane Doe filed a lawsuit against the Catholic Diocese of Knoxville earlier this year, diocesan leaders had known for nearly two years about her account of being sexually assaulted by a priest. The knowledge went all the way to Bishop Richard Stika, the leader of the diocese. Helene M. Weiss is an attorney at New York City’s James Marsh Law firm, which has expertise in abuse lawsuits against the Catholic church. There’s likely nothing illegal about Ward’s placement on the board and his role as lawyer for the diocese, she said, but it could be a conflict of interest. “Although the board may want to appear as a neutral investigator, their interests in reviewing these sexual abuse cases seldom overlap with the best interests of the abuse survivor,” she wrote to Knox News in an email. “This is the reality when you have an institution who perpetrated and enabled abuse for centuries acting as the primary ‘investigator’ into these cases. Obviously, there is a clear need for independent investigations by law enforcement agencies in every case like this.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Catholic Church, Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [Thousands of sexual abuse cases likely to be filed under Child Victim's Act](https://www.jamesmarshlaw.com/thousands-of-sexual-abuse-cases-likely-to-be-filed-under-child-victims-act/) **Published:** July 5, 2019 **Author:** James R. Marsh **Content:** The resolution of those cases hinge in large part on this week’s legal maneuver by the Archdiocese of New York, which asked a court to compel its 32 insurers to provide defense coverage and possible settlements. In response to at least one major insurance company’s indication it did not intend to provide coverage, the archdiocese sought legal remedy in an effort to protect its hundreds of churches and parishes from financial ruin. The move had attorneys like James Marsh, of New York-based Marsh Law, applauding. “This is an unequivocal sign that the Church is getting serious about dealing with its exposure,” Marsh said. “With the New York Archdiocese facing significant financial liability after decades of heartbreaking sexual abuse, it appears that it is beginning the process of addressing its financial challenges head on.” The filing comes a little more than one month before the window opens allowing people to file civil cases involving sexual abuse against the archdiocese and other organizations. The cases are said to be worth tens of millions of dollars or more collectively based on the number of expected suits to be filed in the one-year window starting Aug. 14. Jennifer Freeman, of Marsh Law, who is representing 40 plaintiffs against the New York Archdiocese, explained that the June filing wasn’t an unexpected move considering how many people could potentially sue. “Hundreds and hundreds of people across the country experienced abuse by priests at the New York Archdiocese,” Freeman said. “This legal filing is similar to those we’ve seen around the country when an institution, like the Church, is preparing to face its legal exposure in court.” Marsh thinks upstate dioceses, like Rochester, are in worse shape financially than New York Archdiocese, and expects they’ll have a hard time. “We expect that many of the diocese upstate will declare bankruptcy, Marsh said. “Many don’t have the assets of the New York Archdiocese.” Mike Pfau, of Seattle-Based Pfau Cochran Vertetis Amala, has at least 50 plaintiffs and thinks bankruptcy is a mixed bag, bringing benefits and risks. “While bankruptcy streamlines the payment process for survivors, issues with transparency arise,” Pfau said. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [Bronx man’s lawsuit alleges multiple incidents of sexual abuse at SAR Academy in Riverdale](https://www.jamesmarshlaw.com/bronx-mans-lawsuit-alleges-multiple-incidents-of-sexual-abuse-at-sar-academy-in-riverdale/) **Published:** September 2, 2020 **Author:** James R. Marsh **Content:** A Jewish day school in Riverdale that has been accused of sexual abuse multiple times, including cases in [February 2020](http://www.abendsilber.com/sar-academy-lawsuit-filed/) and others in [2019](http://www.jpost.com/diaspora/7-men-sue-2-ny-jewish-day-schools-for-alleged-abuse-by-former-teacher-600803), has another case on its hands. On Aug. 24, Marsh Law Firm filed a lawsuit on behalf of Thomas Eckmann against Salanter Akiba Riverdale Academy (SAR) at 655 West 254th St. The lawsuit alleged that Eckmann was sexually abused by one of its assistant principals, teachers and school administrators, Stanley Rosenfeld and one of its teachers and rabbis, Rabbi Sheldon Schwartz, all while the school failed to protect him. “We have to show that the institution acted unreasonably,” said Jennifer Freeman, a lawyer with Marsh. “I try to look at the positive that we’re really affecting valuable change for the people.” Freeman said that since the [Child Victim Act](http://www.law.com/newyorklawjournal/2020/04/14/the-new-york-child-victims-act-and-the-effect-of-covid-19/?slreturn=20200726220118) was passed last year, the number of reported cases have skyrocketed. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [Child Victims Act extended for another year amid courts shutdown](https://www.jamesmarshlaw.com/child-victims-act-extended-for-another-year-amid-courts-shutdown/) **Published:** May 29, 2020 **Author:** James R. Marsh **Content:** The Child Victims Act, the law that gave sexual abuse survivors a one-year window to sue for abuse they suffered past the statute of limitations, was officially extended on Wednesday by the State Legislature. “The passage of the Child Victims Act remains one of the most historic victories for child abuse survivors in New York State, and the COVID pandemic nearly prevented countless survivors from ensuring accountability — but today’s vote proves that nothing can stand in the way of justice,” said James R. Marsh, a New York attorney who represents more than 700 childhood sexual abuse survivors statewide. “For many, the disruption caused by the pandemic threatened their ability to finally make their voices heard, but this one-year extension ensures that survivors have their day in court. As the judicial system reopens, survivors will continue to make their voices heard. We urge Governor Cuomo to pass this bill and remain firm in his commitment to justice for all,” he added. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [The Nirvana ‘Nevermind’ Baby Is Still Chasing That Dollar](https://www.jamesmarshlaw.com/the-nirvana-nevermind-baby-is-still-chasing-that-dollar/) **Published:** August 25, 2021 **Author:** James R. Marsh **Content:** This issue was discussed decades ago, when the photograph of Elden was being prepared for the album cover, as there was some debate about airbrushing out the nudity, to avoid inevitable backlash (and, unknowingly, a future lawsuit). Late frontman Kurt Cobain [reportedly responded](http://www.snopes.com/fact-check/kurt-cobain-nevermind-cover-pedophile/) by saying that they could place a sticker over the baby’s genitals, along with the statement: “If you’re offended by this you must be a closet pedophile.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Pornography, News, Nirvana --- ### [Is Nirvana's Album Cover Really Child Pornography?](https://www.jamesmarshlaw.com/is-nirvanas-album-cover-really-child-pornography/) **Published:** August 25, 2021 **Author:** James R. Marsh **Content:** The iconic cover art of Nirvana’s 1991 album “Nevermind” — an image of a naked baby boy submerged in a pool — was certainly shocking, but was it child pornography? Law360 asked the experts. A new lawsuit filed by the now-30-year-old man featured in the image says it was. In a complaint Tuesday, Spencer Elden called the famed cover a form of “sexual exploitation” that violated both state and federal child porn laws and that continues to hurt him to the present day. The image was shocking at the time — Nirvana’s record label tried to force the band to censor part of it with a sticker — but did it cross the line into the realm of child pornography? Experts say that’s a complex question. Historically, courts have answered that question with a six-part test, asking: whether the focal point is on the child’s genitalia; whether the setting is sexually suggestive; whether the child is depicted in an unnatural pose or in inappropriate attire; the extent to which the child is nude; whether the image suggests coyness or willingness to engage in sexual activity; and whether it is intended or designed to elicit a sexual response in the viewer. Complicating matters further, the various factors don’t all need to be satisfied for a finding that an image meets the definition of “lascivious,” and other, additional factors can also be considered in the analysis. In this week’s complaint, Elden’s attorneys tried to target some of those factors. They said the photographer aimed to “trigger a visceral sexual response from the viewer” with the way the photo was posed. They also said the use of the dollar bill in the design evoked prostitution. “Cobain chose the image depicting Spencer — like a sex worker — grabbing for a dollar bill that is positioned dangling from a fishhook in front of his nude body with his penis explicitly displayed,” Elden wrote, referring to Nirvana’s late frontman, Kurt Cobain. Though it’s helpful in understanding how a court will eventually decide Elden’s accusations, experts say a six-part test does not lend itself to easy forecasts about the outcome of a case. “It is, by definition, a case-by-case analysis,” said Mary Graw Leary, a former federal prosecutor and a professor at Catholic University of America’s Columbus School of Law who focuses on the exploitation of children and women. Later media clippings, though, show that Elden had become conflicted about the use of his image and his continued notoriety. In a 2016 interview with Time Magazine, he said, “I feel like I got part of my human rights revoked.” For Stacey Steinberg, a professor at the University of Florida’s Levin College of Law, the case raises important questions beyond the issue of outright child pornography, about how photos snapped of minors are treated in a world where they can live on forever on the internet. “I think this is an interesting case, and I will follow it closely,” said Steinberg, who focuses on child privacy rights. “Should a child be able to have control over his or her digital footprint? While this image was taken long before social media, many of today’s children are growing up with their images shared online.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Pornography, News, Nirvana --- ### [Baby from Nirvana 'Nevermind' Album Cover Sues, Calling It Child Porn](https://www.jamesmarshlaw.com/baby-from-nirvana-nevermind-album-cover-sues-calling-it-child-porn/) **Published:** August 25, 2021 **Author:** James R. Marsh **Content:** The man who, as a baby, was featured on the front of Nirvana’s now-iconic “Nevermind” album cover is now suing basically everyone involved in the album (and one person who was not), alleging they were participants in his commercial sexual exploitation as a child. Elden’s lawer, Robert Y. Lewis of the New York-based Marsh Law Firm (which says it specializes in representing victims of sexual exploitation and abuse) characterizes the image in the lawsuit as follows: “Cobain chose the image depicting Spencer — like a sex worker — grabbing for a dollar bill that is positioned dangling from a fishhook in front of his nude body with his penis explicitly displayed.” Lewis also describes the image as “an explicit image which intentionally focused on Spencer’s carefully positioned enlarged genitals,” “an image lasciviously displaying Spencer’s genitals on a worldwide scale” and “an image which focused on Spencer’s genitals to increase the shockingly obscene nature of the image.” That’s probably because the [definition](http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2256&num=0&edition=prelim) of an image of child sexual exploitation under federal law requires “the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct,” or the facsimile thereof, and includes “lascivious exhibition of the anus, genitals, or pubic area of any person.” His lawyer Lewis claims in the suit that there is a long history of using “sexually explicit material depicting a child or outright child pornography.” As evidence, he cites Van Halen’s “Balance,” which [featured](http://ultimateclassicrock.com/van-halen-balance-cover/) a pair of (not real) conjoined children of indeterminate gender without shirts on a seesaw, Blind Faith’s eponymous album, which featured a compensated professional model according to [Rolling Stone](http://www.rollingstone.com/music/music-lists/banned-in-the-u-s-a-20-wildest-censored-album-covers-154101/rolling-stones-beggars-banquet-1968-43048/) and the extremely [controversial](http://www.blabbermouth.net/news/uli-jon-roth-says-virgin-killer-album-cover-makes-him-cringe/) cover of The Scorpion’s 1976 “Virgin Killer,” which the FBI [reportedly](http://www.idolator.com/388671/32-year-old-scorpions-album-cover-inspires-fbi-frenzy?chrome=1) investigated as child pornography in 2008 but never charged anyone over. In Tweets, Elden’s law firm referenced the fact that news coverage of the lawsuit didn’t show the full cover art from the “Nevermind” album. “So if this is not commercial child pornography then why are all the tabloids censuring ‘art?'” they wrote in [one](http://twitter.com/marshlawfirm/status/1430403235609780234), referencing a TMZ write-up of their case. “Read the facts,” they [wrote](http://twitter.com/marshlawfirm/status/1430400226410520578) in another. “Curious that so many posters, critics, social commentators put everything out there except the un-edited picture. Even the band thought it was child exploitation.” That is an apparent reference to a section of their own lawsuit in which they wrote — citing [Time](http://entertainment.time.com/2012/04/20/top-10-controversial-album-covers/slide/nirvana-nevermind/) — that in reaction to record company’s objections to the cover art, “Cobain agreed to redact Spencer’s image by releasing the album with a sticker strategically placed over Spencer’s genitals with the text: “If you’re offended by this, you must be a closet pedophile.'” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Pornography, News, Nirvana --- ### [Child Pornography: A Modern Day Childhood Gonorrhea Epidemic](https://www.jamesmarshlaw.com/child-pornography-a-modern-day-childhood-gonorrhea-epidemic/) **Published:** February 26, 2013 **Author:** James R. Marsh **Content:** —Book review by James R. Marsh I am reading a fascinating book by Lynn Sacco, an assistant professor of history at the University of Tennessee, Knoxville, entitled *Unspeakable: Father-Daughter Incest in American History*. ![Cover image of Unspeakable](https://www.press.jhu.edu/sites/default/files/styles/large/public/covers/9780801896200.jpg?itok=5FOuC6hs) *Unspeakable* is an excellent book which explains how cultural mores and political needs distorted attitudes toward and medical knowledge of patriarchal sexual abuse at a time when the nation was committed to the familial power of white fathers and the idealized white family. For much of the nineteenth century, father-daughter incest was understood to take place among all classes and legal and extra-legal attempts to deal with it tended to be swift and severe. But public understanding changed markedly during the Progressive Era, when accusations of incest began to be directed exclusively toward immigrants, blacks, and the lower socioeconomic classes. Focusing on early twentieth-century reform movements, Sacco argues that middle- and upper-class white males, too, molested female children in their households, even as official records of their acts declined dramatically. One of the most interesting chapters in *Unspeakable* discusses the revolution in medicine in the early 20th century when doctors were first able to diagnose gonorrhea vulvovaginitis. Guess what they discovered? > When physicians began to use the new technology, however, they were shocked to discover that gonorrhea vulvovaginitis was widespread among American girls.…But though condemning child prostitution among the working class was one thing, explaining how girls from good families had become infected with a sexually transmitted disease was another. On the cusp of moving from the margins to the center of American health care, doctors used their professional authority, if not their medical skills, to twist the etiology of girls’ infections into existing narratives that fit more seamlessly with what doctors believed than with what they had discovered. In the process, doctors attributed fewer infections in girls to sexual assault. > >   > > … > >   > > Over the next ten years, doctors diagnosed gonorrhea vulvovaginitis so often that by 1904 an epidemiologist writing in the Journal of Infectious Diseases declared it an “epidemic” among girls. In 1909, Dr. Flora Pollack, who treated girls at the Johns Hopkins Hospital Dispensary, estimated that at least a thousand girls in Baltimore became newly infected each year, and she visited police stations and met with community groups to press for more aggressive prosecution of their assailants. > >   > > By 1927, the American Journal of Diseases of Children ranked gonorrhea vulvovaginitis the second most common contagious disease, after measles, among children. In 1903 Dr. Reuel B. Kimball, an attending physician at the Babies’ Hospital, charged that “the medical world at large” had not realized “the extent to which gonorrhoeae occurs in children.” He accused medical journals—which published many more articles on gonorrhea ophathalmia in infants (a condition that affects the eyes and can cause blindness) than on genital infections in girls—of having contributed to the impression that gonorrhea vulvovaginitis was an insignificant problem. Kimball claimed that of the 600 children admitted to the public wards of the Babies’ Hospital in 1902, only 1 became infected with gonorrhea ophthalmia, compared with 69 with gonorrhea vulvovaginitis. The following year, Dr. Sara Welt-Kakels, who treated patients at the Children’s Department of the Mount Sinai Hospital Dispensary in New York City, called gonorrhea the most pernicious and tenacious infection of **early childhood**. > >   > > Doctors knew that the disease had spread “even in children living under the best surroundings,” but they avoided the more perplexing question of how girls who neither had been hospitalized nor reported a history of sexual contact had become infected. Dr. L. Emmett Holt, attending physician at the Babies’ Hospital, for one, rejected the possibility of incest and was angered by what he perceived as the lay public’s reluctance to discard the popular view that gonorrhea was sexually transmitted to the girls. He believed that linking infection with sexual contact unfairly burdened “innocent” girls with a diagnosis that stigmatized them as sexually precocious and immoral. Hold advocated instead what he believed to be a modern and efficient solution, changing the name of the disease to disassociate it from any “venereal origins. In terms of child pornography, it is not possible to provide an exact number of people trading child pornography across the world. UNICEF and the United Nations have provided some estimates. UNICEF estimates that there are more than four million websites featuring sexually exploited minors. Further, the number of child pornography websites is growing: 480,000 sites were identified in 2004 compared to 261,653 in 2001. More than 200 new images are circulated daily, and UNICEF estimates that the production and distribution of child pornographic images generates in between 3 and 20 billion dollars a year. The United Nations released a report in July 2009 asserting that there are approximately 750,000 sexual predators using the Internet to try to make contact with children for the purpose of sexually exploiting them. Sacco’s book is available [here](https://www.press.jhu.edu/books/title/3487/unspeakable "Unspeakable: Father-Daughter Incest in American History") from The Johns Hopkins University Press or online at [Barnes & Noble](https://www.barnesandnoble.com/w/unspeakable-lynn-sacco/1111369858 "Unspeakable: Father-Daughter Incest in America") and [Amazon.com](http://www.amazon.com/Unspeakable-Father-Daughter-Incest-American-History/dp/0801893003/ref=sr_1_1 "Unspeakable: Father-Daughter Incest in American History") ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Childhood Sexual Abuse, Marsh Law Firm Blog --- ### [Omegle Oral Argument](https://www.jamesmarshlaw.com/omegle-oral-argument/) **Published:** November 18, 2022 **Author:** James R. Marsh **Excerpt:** Marsh Law Firm founder James R. Marsh argues on behalf of our 11-year-old client in our case against Omegle.com in the Eleventh Circuit Court of Appeals on Thursday, November 17, 2022. **Content:** Marsh Law Firm founder James R. Marsh argues on behalf of our 11-year-old client in our case against Omegle.com in the Eleventh Circuit Court of Appeals on Thursday, November 17, 2022. On Thursday, November 17, 2022, [Marsh Law Firm](https://www.jamesmarshlaw.com/) founder [James R. Marsh](https://www.jamesmarshlaw.com/people/james-r-marsh/) argued a groundbreaking Section 230 case before the [Eleventh Circuit Court of Appeals](https://www.ca11.uscourts.gov/) in Montgomery, Alabama. The case was heard before judges [Andrew L. Brasher](https://www.ca11.uscourts.gov/hon-andrew-l-brasher), [Ed Carnes](https://www.ca11.uscourts.gov/judges/hon-ed-carnes), and [Barbara Lagoa](https://www.ca11.uscourts.gov/hon-barbara-lagoa). The case is [Docket No. 22-10338](https://dockets.justia.com/docket/circuit-courts/ca11/22-10338), [*M.H., et. al. v. Omegle.com LLC*](https://www.jamesmarshlaw.com/m-h-and-j-h-v-omegle/).  Marsh was assisted by attorneys [Margaret E. Mabie](https://www.jamesmarshlaw.com/people/margaret-e-mabie/) and [Hillary M. Nappi](https://www.hrsclaw.com/hillary-m-nappi/). \[pdf\_embed url=”https://www.jamesmarshlaw.com/wp-content/uploads/2022/11/112322-MH-v-Omegle-Audio.pdf”\] ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Pornography, Omegle --- ### [Dismissal of Nirvana Lawsuit Misconstrues Important Crime Victim Law](https://www.jamesmarshlaw.com/dismissal-of-nirvana-lawsuit-misconstrues-important-crime-victim-law/) **Published:** September 13, 2022 **Author:** James R. Marsh **Content:** For victims whose child abuse images are constantly being circulated, the trauma from that circulation constantly continues. The violation never ends. Victims should be able to pursue damages for so long as new distributions as occurring, says Paul G. Cassell, professor of law at the S.J. Quinney College of Law and former federal district court judge. --- Late last week, a federal judge dismissed a lawsuit regarding the image of a naked baby’s genitals on Nirvana’s landmark 1991 Nevermind album. The judge concluded that the person whose genitalia was depicted lacked any right to sue for damages for the on-going distribution of the picture. This unfortunate ruling misconstrues an important federal law protecting victims of child sex abuse imagery and should be reversed on appeal by the Ninth Circuit. Spencer Elden was four months old when he was gagged and photographed underwater—with a photo emphasizing his exposed genitals forming the centerpiece of Nirvana’s album cover. In a lawsuit filed last year, the now-thirty-one-year-old Elden argued that the image constituted child sex abuse imagery (sometimes referred to, inaccurately, as child “pornography”). Under a federal statute known as Masha’s law, victims of the production, distribution, and promotion of such images are entitled to sue those involved for damages. Elden sued the band Nirvana and the photographer that it hired for their involvement in continuing distribution of his picture. In his suit, Elden presented significant allegations that Nirvana sought to create a sexualized image of a child to sell records. According to Elden’s filed complaint, lead singer Kurt Cobain sketched the Nevermind album cover and, in at least one instance, drew semen all over the image. In several other entries in the same journal, Cobain described a twisted vision for the cover as a manifestation of his sexual disturbances. He even wrote: “I like to make incisions into the belly of infants then fuck the incision until the child dies.” Elden’s complaint also notes that, in internal communications, the band and their record company discussed whether “anyone has a problem with \[Elden’s\] dick” appearing on the cover. Reasonable jurors can debate whether the album cover falls within the federal definition for sex abuse imagery. But in last week’s ruling, the judge assumed that the image was actionable under Masha’s law. Even on that premise, however, the judge concluded that Masha’s law contained a statute of limitations barring Elden from proceeding in court even though the image is still in distribution. The judge found that, because Elden was aware of the image when he was eighteen years old, a ten-year statute of limitations began running at that time. Without accounting for the ongoing distribution, and since Elden is now 31, the judge ruled that the time for bringing any lawsuit regarding the continuing distribution had expired. This decision has broad and troubling implications beyond the unusual facts at hand. The judge’s ruling significantly undercuts the way Congress intended for Masha’s law to operate. The law allows victims to sue for distribution of child sex abuse imagery for so long as the distribution continues. In fact, Congress even added language to the law in 2006, stating that a lawsuit was timely “regardless of whether the injury occurred while such \[child\] was a minor.” The reason for this clarification, as Congress explained in supporting findings of fact, was that every instance of viewing of the images “represents a renewed violation of the privacy of the victims and a repetition of their abuse.” Congress designed the law to recognize the fact that child sex abuse imagery can remain in circulation for decades and, as Senate sponsor John Kerry noted, a new injury and violation occurs “when those images are downloaded.” Because the injuries and violations continue, so should the ability to recover for those injuries and violations. In dismissing Elden’s suit, the judge concluded that the law should not be read to allow the clock to be “continuously reset each day” that an image is distributed. But that is precisely what Congress intended. And rightly so. For victims whose child abuse images are constantly being circulated, the trauma from that circulation constantly continues. The violation never ends. Victims should be able to pursue damages for so long as new distributions as occurring. Elden’s lawyers have already filed their notice of appeal and the case was assigned a docket number in the Ninth Circuit. Spencer Elden’s opening brief is due on November 4, 2022. The Circuit should quickly overturn this ill-conceived ruling. Those trafficking in child sex abuse imagery should not be able to wait out the clock and then traffic the images with impunity. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Pornography, News, Nirvana --- ### [Panel urged to hold chat site Omegle liable for sexual exploitation of kids](https://www.jamesmarshlaw.com/panel-urged-to-hold-chat-site-omegle-liable-for-sexual-exploitation-of-kids/) **Published:** November 17, 2022 **Author:** James R. Marsh **Content:** Parents argue the website, which advertises itself as a place to talk to strangers, should be held responsible for its use by child predators. The 11th Circuit heard arguments Thursday over whether anonymous chat website Omegle is liable for those who misuse the site to sexually exploit children. In 2020, the parents of an 11-year-old girl filed suit against Omegle, a website which allows users to anonymously “talk to strangers” by randomly pairing them in one-on-one chat sessions. According to the complaint, their child was put into a chat with an adult user who claimed to have access to her location and threatened to hack her computer if she did not comply with his demands to remove her clothing on camera. The user allegedly recorded the encounter. Omegle is accused of knowing that its website is not only used by but also caters to child predators and profiting from the increased web traffic from so-called “cappers” who record their abusive conduct of children and share it online. “There is nothing decent about this,” said James Marsh, an attorney representing the parents, during Thursday’s hearing in Montgomery, Alabama. Marsh reminded the three-judge appellate panel that Congress intended for the 1996 law to help prevent minors from gaining access to sexually explicit materials on the internet. After websites began to misuse the Communications Decency Act as a shield for their disregard to sex trafficking on their platforms, it was amended in 2018 to exclude immunity for “participation in a venture,” which it defines as “knowingly assisting, facilitating, or supporting sex trafficking.” Marsh argued that Omegle engaged in such participation because users can utilize keywords to be matched with specific people such as minors, and that the site either intentionally or improperly allowed minors’ personal information to be leaked, including their geographic location. But the attorney explained that because his clients’ case was dismissed before the discovery phase, they haven’t had the opportunity to fully uncover the extent of Omegle’s knowledge of child exploitation and the workings of the site’s algorithms and content moderation. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Pornography, Childhood Sexual Abuse, News, Omegle --- ### [THE RED ZONE: She still felt stalked. A sex assault survivor at Duquesne University blames the toothless no-contact order.](https://www.jamesmarshlaw.com/the-red-zone-she-still-felt-stalked-a-sex-assault-survivor-at-duquesne-university-blames-the-toothless-no-contact-order/) **Published:** November 2, 2022 **Author:** James R. Marsh **Content:** ## PUBLICSOURCE Jane was a student at Duquesne University in recent years when she was sexually assaulted by another student, whom she had been dating for about a month. After the assault, she cut ties with him and blocked him on social media. Jane tried to avoid any chance encounters on campus, too. She coped with her trauma by trying to forget it. The thought of reporting to authorities was overwhelming to Jane. So, similarly to many people who experience sexual violence, she didn’t report it. But over time, what happened to her became harder to ignore. She filed a Title IX complaint months after the assault. Even after going through the university’s judicial procedures, Jane’s assailant seemed to continue to follow her around campus for months without repercussion, underscoring what experts see as limitations to what colleges can do to rein in sexual violence and harassment. To Amy Mathieu, Jane’s lawyer at the Marsh Law Firm, Jane’s case demonstrates a certain degree of uselessness in the Title IX process. “What’s the purpose of going through this whole endeavor? It’s traumatizing for victims to sit through a hearing and talk about what happened. And to what end? \[Jane\] thought she reached justice only to find out that the no-contact order was a piece of paper that did nothing for her in the long run,” she said. Find more information **[online here](https://www.publicsource.org/stalker-pittsburgh-duquesne-college-student-rape-sexual-assault-title-ix/)**. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Campus Sexual Assault, News, Schools, Title IX --- ### [Rochester diocese agrees to pay sex abuse survivors $55 million](https://www.jamesmarshlaw.com/rochester-diocese-agrees-to-pay-sex-abuse-survivors-55-million/) **Published:** November 4, 2022 **Author:** James R. Marsh **Content:** ## Democrat & Chronicle Hundreds of people who say they were sexually abused by Rochester-area priests have agreed to a financial settlement with the Diocese of Rochester. The settlement will create a trust for the benefit of roughly 475 individuals who filed claims against the Diocese as part of its bankruptcy case. The Diocese, parishes and related entities will pay $55 million to the trust along with the rights to the Diocese’s insurance policies. Many of the survivors will be able to pursue their claims in court in order to recover proceeds from those policies. The amount of money to be paid by those insurance companies has been the subject of intense and at times heated negotiations. “This was a long and difficult fight, but the terms of this new proposal are a validation of the hundreds of child abuse claims that this Diocese and its parishes are facing,” said attorney James Marsh. “This Diocese does not have the same amount of available assets as others, but it is paying a substantial amount of what it has.” In exchange for the settlement payment, the Diocese will receive a discharge in bankruptcy, and its parishes and affiliates will be released of their liabilities for the sexual abuse claims. Individuals accused of abuse and non-Diocesan organizations, such as religious orders, are not included in the settlement. Find more information [online here](https://www.democratandchronicle.com/story/news/2022/11/04/rochester-diocese-pay-55-million-sexual-abuse-claims/69617755007/). ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Bankruptcy, Catholic Church, Childhood Sexual Abuse, News --- ### [New York opens window for adults to sue for sexual assault](https://www.jamesmarshlaw.com/rochester-diocese-proposes-148m-settlement-to-abuse-survivors-as-some-cases-head-to-court/) **Published:** May 24, 2022 **Author:** James R. Marsh **Content:** New York will temporarily set aside its time limit for adults who were sexually assaulted to bring lawsuits under a law signed Tuesday — a measure similar to one for child victims that sparked a surge of court actions. The Adult Survivors Act signed by Gov. Kathy Hochul will open a one-year “window” for claims that would otherwise be barred by the state’s usual statute of limitations for lawsuits. The window will open in six months. Jennifer Freeman, of the Marsh Law Firm, said it’s possible some adults might be hesitant to move forward in court knowing defendants are likely to claim there was consent — which is not an issue in cases involving children. But Freeman, who has represented hundreds of sex abuse survivors, said it’s also possible some adults would be more prepared to move forward. “A 45-year-old perhaps has a larger voice and ability to center themselves and bring on a claim versus someone who was sexually abused at age 6 when they really had a very difficult time processing what happened to them,” Freeman said. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** News --- ### ['A Theoretical Impossibility': As Attorneys Are Flooded With Plaintiffs Under Child Victims Act, a Legislative Push May Help](https://www.jamesmarshlaw.com/a-theoretical-impossibility-as-attorneys-are-flooded-with-plaintiffs-under-child-victims-act-a-legislative-push-may-help/) **Published:** April 12, 2022 **Author:** James R. Marsh **Content:** A partner in a New York City law firm suggests “it’s become a theoretical impossibility” to serve all the thousands of purported victims who are in need of legal representation for age-old allegations of sex abuse, after a 2019 reform measure extended the statute of limitation on cases. Attorney James Marsh, a partner with Marsh Law, said he figured to get about 100 clients who would file claims under the Child Victims Act of 2019, which allows the statute of limitations to begin running when a child turns 23 in a criminal case, and for civil suits to be filed before a toddler, preteen or teenage victim turns 55. The lookback window on cases ended on Aug. 14, 2021, after being open for two years. After talking to 4,000 people for intakes since 2018, Marsh Law has taken on 800 to 1,000 cases, said Marsh, who initially dedicated three employees to CVA cases two years ago, but now uses 12 employees. More than 10,000 cases were filed throughout New York, but thousands of others are not being served because they can’t find a lawyer willing to take on their cases, advocates say. Marsh supports a legislative effort to establish a fund to help these victims have their day in court. Marsh and Gary A. Greenberg, the CEO of ProtectNYKids, stand behind S6847, a 2019 bill proposed by Sen. James Gaughran, D-Long Island, whose purpose is to establish a fund to assist victims of childhood sexual assault with civil legal services and fees. The proposal is sitting in the Senate Budget and Revenue Committee. In an interview, Marsh points to Georgia, which created a center at the University of Georgia Law School, to handle victims’ cases pro bono. “I don’t know how successful that program was, or the ins and outs of that program,” Marsh said Monday. “But I do know that that’s a big piece of what’s missing from the New York reform,  and this has been kicking around out there since well before 2018.” Marsh said he’s always supported the idea of a fund as “a necessary adjunct” to any sort of reform. “But after decades and decades of trying,” Marsh said of the CVA, “legislation is obviously a process, and this was a huge process that many, many people worked on for a huge number of years. And so, on the one hand, we are lucky to get any reform at all.” “It wasn’t the kind of situation where the Legislature was sitting around basically saying, ‘Hey, tell us what we can do for you, and give us your wish list.’ And certainly this was on the wish list. But because of the transitions in the Legislature, we were lucky to get any reform at all,” he reiterated. “Obviously, the devil’s in the details and how it’s actually going to work,” he said. “But I know there’s a lot of frustration out there with a lot of people that have valid claims that have been unable to pursue them. We’re talking 10,000 cases in the state of New York. The bar is stretched thin, and we’d like to obviously help everyone out there. It’s not for lack of trying.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [30 years later, Nirvana should be held responsible for child pornography, exploitation](https://www.jamesmarshlaw.com/30-years-later-nirvana-should-be-held-responsible-for-child-pornography-exploitation/) **Published:** November 7, 2021 **Author:** James R. Marsh **Content:** Nirvana’s ubiquitous “[Nevermind” album cover](http://www.usatoday.com/story/entertainment/music/2021/08/25/nirvana-nevermind-baby-spencer-elden-sues-child-pornography/5583355001/) features a naked baby as he floats underwater desperately grasping for money. It is on T-shirts worn by Instagram influencers, puzzles, posters and reissued CDs and records –  like the one Nirvana [plans to release this month](http://www.rollingstone.com/music/music-news/nirvana-nevermind-30th-anniversary-reissue-1231124/). For many, the long-controversial image represents a band synonymous with the 1990s. Many forget that the baby pictured has his own story. His name is Spencer Elden. He never asked to be a pop culture icon. And he has nowhere to hide from what he considers the childhood exploitation that is being shared for profit in perpetuity. After 30 years, he is asking for empathy. ## Does Spencer have right to protection? Spencer recently [filed a lawsuit](http://www.usatoday.com/story/entertainment/music/2021/08/25/nirvana-nevermind-baby-spencer-elden-sues-child-pornography/5583355001/) asking Nirvana to restore his privacy and dignity. While it may come with uncomfortable implications for a legendary rock album, the law is clear: Spencer has a right to be protected. Spencer’s privacy was taken before he could walk, talk or swim. Spencer had no capacity to consent or understand what was happening to him. The parents of the children in the [infamous Lil Amber ](http://www.nbcnews.com/id/wbna3339966)cases, a controversial website that marketed child “modeling,” put their kids at risk, but the production companies held the lion’s share of blame. The same should apply here. For many victims and survivors of complex trauma, coming to terms with the impact of their exploitation can be a gradual, nonlinear, lifelong process. For example, most survivors of childhood sexual abuse do not [disclose what happened to them until age 52](http://childusa.org/wp-content/uploads/2020/04/Delayed-Disclosure-Factsheet-2020.pdf), according to CHILD USA, a national think tank for child protection. Not surprisingly, Spencer endures daily psychological turmoil and the same fear of being recognized that other survivors experience. Although Nirvana’s music changed the world, we cannot ignore the moment of reckoning that Spencer and other survivors deserve. “Nevermind” includes a [disturbing song](http://www.grunge.com/229289/the-hidden-meaning-of-nirvanas-polly/) that describes the abduction and rape of a child from the rapist’s perspective. In Spencer’s case, [adults gagged him](http://variety.com/2021/music/news/nirvana-baby-nevermind-lawsuit-1235048465/), submerged him underwater and took close-up pictures of his genitals. The resulting image prominently accentuated a baby’s genitalia, and then the creators added a menacing fishhook and sexually provocative cash, to sell the image and create worldwide fame for a band that shot to stardom. ## Freedom of expression doesn’t apply There is a clear violation of Spencer’s privacy, dignity and well-being. The[ U.S. Supreme Court](http://www.supremecourt.gov/opinions/13pdf/12-8561_7758.pdf) recognizes that inherently innocent children deserve greater protections than adults. [In recreating the “Nevermind” photo as an adult](http://nypost.com/2016/09/23/nirvana-baby-recreates-iconic-album-cover-25-years-later/), Spencer had no understanding of how it would affect him in future years. The notion that Spencer brought recognition on himself is simply victim-blaming. Whether the viewer knows his identity is immaterial to Spencer’s painful awareness that it is him on the album cover for the entire world to see on merchandise, digital media and advertisements. ## Protecting children Critics glibly proclaim that since the damage is already done, past wrongs can never be redressed. The unfortunate reality is that Spencer faces the same fate as victims whose images will circulate beyond their death into eternity. What has changed is that kids in the digital age relate to Spencer’s overexposure, embarrassment and humiliation in ways that children from the ’90s could never imagine. This is why [Spencer’s lawsuit](http://www.courthousenews.com/wp-content/uploads/2021/08/nirvana-lawsuit.pdf) requesting redaction of his genitalia is as important now as it would have been 30 years ago. Society should finally recognize that a child’s privacy is not for sale. Children’s safety online should take priority over profits. Perhaps “Nevermind” can now best be celebrated as an album, and iconic image, that raised awareness and understanding of the vulnerability and exploitation of children on and offline. All kids deserve protection from the very real harms of worldwide exposure that are often just a click away. *Margaret E. Mabie is a managing associate at Marsh Law. Robert Y. Lewis is a senior counsel at Marsh Law.* ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Cases, Nirvana, Opinion --- ### [‘Nevermind’ Baby Is Still Suing Nirvana](https://www.jamesmarshlaw.com/nevermind-baby-is-still-suing-nirvana/) **Published:** January 13, 2022 **Author:** James R. Marsh **Content:** The man pictured as the naked baby on [Nirvana](http://www.rollingstone.com/t/nirvana/)’s *Nevermind* album cover has revived his “child pornography” lawsuit against the band after it was dismissed by a federal judge in California last week. Spencer Elden filed his second amended complaint late Wednesday, meeting a deadline set by Judge Fernando M. Olguin to reinstate the claims. The judge previously tossed the case Jan. 3 on the grounds Elden had failed to respond to a motion to dismiss filed by Nirvana and the other defendants last month. In his new filing, Elden, now 30, drops his claim related to sex trafficking after Nirvana’s lawyers argued the alleged trafficking of Elden occurred before lawmakers made it possible for victims to sue using the federal sex-trafficking-of-children statute. The latest complaint also includes an attached statement from Robert Fisher, an art director for the Nevermind cover who was dropped as a defendant in the lawsuit on Dec. 22. The statement, dated Dec. 21, attaches artwork purported to be Fisher’s original mock-up of the cover using a stock image. The mock-up has a different naked baby in a pose that doesn’t show any genitalia. Elden’s complaint points this out and suggests it proves the band made a deliberate decision to go in a different direction artistically. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Cases, Child Pornography, Nirvana --- ### [Tears, Vindication and Relief: Maxwell Accusers React to Verdict](https://www.jamesmarshlaw.com/tears-vindication-and-relief-maxwell-accusers-react-to-verdict/) **Published:** December 29, 2021 **Author:** James R. Marsh **Content:** More than two years after the death of Jeffrey Epstein, his victims — many of whom say they were children when they were abused by the disgraced financier — have finally won through the [conviction](http://www.bloomberg.com/news/articles/2021-12-29/ghislaine-maxwell-jury-reaches-verdict-in-sex-trafficking-case) of his ex-girlfriend and accomplice Ghislaine Maxwell. Over the past month, Epstein and Maxwell accusers have watched the trial from inside the courtroom and read about it from afar. Some have expressed anxiousness about what the 12-person jury would make of the four women who took the stand to recount their abuse, and of the efforts made by the defense to discredit them. After Maxwell was found guilty of five counts including sex-trafficking of minors, some of Epstein and Maxwell’s accusers spoke out. Here is what they, as well as lawyers representing many more, had to say: ### Robert Lewis, The Marsh Law Firm PLLC Lewis, who represents Ransome, said Maxwell’s victims, as well as survivors of sexual abuse, have “been heard” and are “no longer silenced.” “This will hopefully cause more to come forward to tell their stories and it will perhaps deter perpetrators from knowing that the free pass is over,” Lewis said by phone. He added Epstein and Maxwell’s story “was a classic case of the rich and powerful getting special privileges,” and “perpetrating the vulnerable.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Crime Victims' Rights, Epstein, News --- ### [Nirvana Attorneys Seek Dismissal of ‘Nevermind’ ‘Child Porn’ Lawsuit, Calling It Too Late and Too ‘Absurd’](https://www.jamesmarshlaw.com/nirvana-attorneys-seek-dismissal-of-nevermind-child-porn-lawsuit-calling-it-too-late-and-too-absurd/) **Published:** December 23, 2021 **Author:** James R. Marsh **Content:** Attorneys for the members of [Nirvana](http://variety.com/t/nirvana/) have asked a judge to dismiss a lawsuit filed in August by the man who was the “naked baby” on the cover of the 1991 “Nevermind” album, on the basis that the legal arguments that the image constitutes child pornography are decades too late as well as too silly. Elden’s lawyers at Marsh Law issued a response to *Variety,* writing in part: “In 1991, Nirvana exploited Spencer’s inability to consent as an infant, and today, the band and Universal Music Group (UMG) continue to prioritize profits over our client Spencer Elden’s right to consent, to have privacy, and to feel dignity. Nirvana and UMG’s motion to dismiss focuses on their past conduct and ignores their ongoing distribution, especially with the 30-year ‘Nevermind’ anniversary and profit margins.” (The album was recently reissued in multiple configurations without the genitalia on the cover redacted, as had been one of the requests in Elden’s August lawsuit.) As part of its response, Marsh Law said in its statement: “What we cannot continue to ignore is that the image of Elden, at four months old, is actively distributed and constitutes the legal definition of child pornography according to the *Dost factors.* Child pornography is a ‘forever crime’ – any distribution of or profits earned from any sexually explicit image of a child not only creates longstanding liability but it also breeds lifelong trauma. This is common for all of our clients who are victims of actively traded child pornography, regardless of how long ago the image was created.” Marsh Law went on to say that the statute of limitations cited by Nirvana’s lawyers is irrelevant as long as the image in question continues to be disseminated. In their view, federal law “makes it clear that the statute of limitations restarts claims each time UMG reproduces, distributes, or possesses Spencer’s Nirvana cover image. Similarly, the statute of limitations … claims restart each time any defendant receives any ‘thing of value’ for the image. For the argument on the statute of limitations to hold water, Nirvana and UMG would have had to cease distribution of, and forfeit profits from, the image in August of 2011. They are welcomed to do so today forward.” In interviews with *Variety* and other publications this year, Elden’s lawyers have said that victims of child pornography or other kinds of abuse often take decades to come to terms with the fact that they were abused, and that their client is no different in this regard and should not be held to earlier statements in which he expressed positive or ambivalent feelings about the “Nevermind” cover. “I think when something like this happens, the only person who can understand what it’s like to be in Spencer’s shoes is Spencer,” one of his attorneys, Maggie Mabie, [told *Variety*](http://variety.com/2021/music/news/nirvana-baby-lawyer-explains-nevermind-cover-child-porn-1235049961/#recipient_hashed=fd2987fd5c47451297bc990af6c427b1c93cfdefe098e2b7c4750df6a54edbd3) in August. “That being said, these are not new feelings. He has always felt invaded. Even as a child, Spencer expressed that this was uncomfortable, and he doesn’t like the way that this puts him in a place where he really can’t (protest) that it’s an invasion of his own privacy, because people come to defend the band, as opposed to protect Spencer. … So the reason it comes now, as opposed to times before, is really because, while Spencer’s had this cause of action all the while, it takes a very long time when you are a victim of these kinds of image abuse crimes to really understand how you’ve been damaged. *And* it takes a quite a long time for a lawsuit like this to develop when you have sophisticated defendants. This juncture in his life has probably come about because he’s become an adult, and he’s understanding the way that this has affected him. When you’re a kid, your brain isn’t developed enough to fully understand your trauma.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Cases, Child Pornography, Nirvana --- ### [Lawyers Question Why Maxwell Jury Only Heard From Four Accusers](https://www.jamesmarshlaw.com/lawyers-question-why-maxwell-jury-only-heard-from-four-accusers/) **Published:** December 23, 2021 **Author:** James R. Marsh **Content:** More than a hundred women have said they were abused by Jeffrey Epstein, but only four of them were called by prosecutors to testify in the sex-trafficking trial of Ghislaine Maxwell, his alleged right-hand woman. It’s a decision that lawyers who have represented some of those other women question. The jury began deliberations in the case on Monday and broke for the holidays Wednesday without reaching a verdict. They will reconvene on Dec. 27. Robert Lewis, who represents Sarah Ransome, an Epstein victim who has attended the trial but is not testifying, also thinks Maxwell’s lawyers made some inroads with jurors. “The defense has readied some interesting questions” that the jury will need to discuss, he said. “Some of them might be inclined to acquittal.” Lewis said prosecutors may have sought to limit the impact of defense claims by putting only four accusers on the stand. “I imagine they decided to put forward a very focused case, a very simple case,” he said. “If they were to bring in too many victim witnesses, it might give the defense counsel too much ammunition” to confuse and complicate the stories of victim witnesses. As it was, Lewis thought Maxwell’s team may have been overly aggressive in going after the four women who testified. “Rather than focus on four or five key inconsistencies and really pound those, she had 12,” he said of defense lawyer Laura Menninger. It “made you feel sorry for the witness.” And Lewis said prosecutor Maurene Comey was very effective in the government’s final words to the jury on Monday. She said that, to acquit Maxwell, they would have to believe that the witnesses “came into this courthouse and committed perjury,” he recalled. Ultimately, Lewis thinks the government’s case will prove persuasive. “I think, after deliberating, they will look at the testimony and evidence” and “will come to the conclusion that she is guilty,” he said. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Cases, Crime Victims' Rights, Epstein --- ### [Nirvana’s Lawyers Call ‘Nevermind’ Baby’s Lawsuit Meritless](https://www.jamesmarshlaw.com/nirvanas-lawyers-call-nevermind-babys-lawsuit-meritless/) **Published:** December 23, 2021 **Author:** James R. Marsh **Content:** [Nirvana](http://www.rollingstone.com/t/nirvana/)’s legal team has finally responded to [the ](http://www.rollingstone.com/music/music-news/nirvana-nevermind-baby-lawsuit-child-pornography-1216672/)[lawsuit](http://www.rollingstone.com/t/lawsuit/) filed by the *[Nevermind](http://www.rollingstone.com/t/nevermind/)* baby this past summer, writing in a response filed Wednesday that Spencer Elden’s child pornography claims are both meritless and well past the statute of limitations. Elden’s lawyers at Marsh Law told *Rolling Stone* Thursday in a statement, “In 1991, Nirvana exploited Spencer’s inability to consent as an infant, and today, the band and Universal Music Group (UMG) continue to prioritize profits over our client Spencer Elden’s right to consent, to have privacy, and to feel dignity. Nirvana and UMG’s motion to dismiss focuses on their past conduct and ignores their ongoing distribution, especially with the 30-year *Nevermind* anniversary and profit margins. We cannot continue to ignore is that the image of Elden, at four months old, is actively distributed and constitutes the legal definition of child pornography according to the *Dost factors.* Child pornography is a ‘forever crime’ – any distribution of or profits earned from any sexually explicit image of a child not only creates longstanding liability but it also breeds lifelong trauma. This is common for all of our clients who are victims of actively traded child pornography, regardless of how long ago the image was created.” However, Elden’s lawyers told *Rolling Stone* in a statement, “Masha’s Law or 18 USC 2255 makes it clear that the statute of limitations restarts claims each time UMG reproduces, distributes, or possesses Spencer’s Nirvana cover image. Similarly, the statute of limitations on the 18 USC 1595 claims restart each time any defendant receives any ‘thing of value’ for the image. For the argument on the statute of limitations to hold water, Nirvana and UMG would have had to cease distribution of, and forfeit profits from, the image in August of 2011. They are welcomed to do so today forward.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Cases, Child Pornography, Nirvana --- ### [Former paperboys await justice after suing Gannett for allowing sexual abuse four decades ago](https://www.jamesmarshlaw.com/former-paperboys-await-justice-after-suing-gannett-for-allowing-sexual-abuse-four-decades-ago/) **Published:** December 7, 2021 **Author:** James R. Marsh **Content:** “Despite the fact that Defendants knew or should have known that Plaintiffs were in danger of being sexually abused by their employees, including Lazeroff and the Unnamed Employee, the Defendant failed to take reasonable steps to protect them from that danger,” states one of the complaints filed by the Marsh Law Firm, which represents eight former D&C paperboys. “The Defendant negligently hired Lazeroff and the Unnamed Employee then failed to properly supervise them. The Defendant permitted Lazeroff and the Unnamed Employee unfettered and unsupervised access to Plaintiffs and other young children, failed to address sexual abuse that was occurring by multiple perpetrators in plain sight, and exposed Plaintiffs to danger.” The paperboys’ complaints in New York are part of nearly [10,000 lawsuits that have been filed under the Child Victims Act](http://www.democratandchronicle.com/story/news/2021/08/13/child-victims-act-new-york-deadline-passes-thousands-lawsuits-filed/5553602001/), which opened the floodgates for lawsuits against the [Catholic Church](http://www.democratandchronicle.com/story/news/2020/08/03/21-new-alleged-abusers-named-new-rochester-diocese-lawsuits-cva/5528884002/) and the [Boy Scouts](http://www.democratandchronicle.com/story/news/2019/05/29/boy-scout-sex-abuse-rochesters-list-100-plus-ny-leaders-accused/1206720001/). Neither Gannett nor the D&C has publicly commented on the paperboys’ cases, which have been covered by the Rochester City Newspaper and the D&C itself. In its court responses to the complaints, Gannett denied the allegations of sexual abuse or having sufficient knowledge to form a belief about the claims. Gannett has declined to comment for all stories about the case, including this one. The cases are in the process of discovery. In Steve Orr’s almost 40-year career at the D&C, the circumstances behind reporting on the paperboys case were unprecedented, Orr said. “I knew that anything that we found could be made public and could be used by people suing the newspaper or on the flip side, could also be used by the newspaper in their legal defense,” he said. The reporters pursued the story as they would any story about a former employee of an institution, Orr said. “It’s certainly different to be calling your own corporate office, and asking them to comment on this,” Orr said. The reporting by Orr and Andreatta appears in complaints filed by the Marsh Law Firm on behalf of the victims. “It really was as a result of the journalism that we have so much corollary evidence,” said James Marsh, who represents eight former paperboys, seven of whom are victims of Jack Lazeroff. “We almost never have the quotes, the sources and people that become manifest in our complaints.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Cases, Child Victims Act (CVA), Childhood Sexual Abuse --- ### [Interviewing and Deposing Survivors of Sexual Crimes Who Have Intellectual Disabilities](https://www.jamesmarshlaw.com/ghislaine-maxwell-trial-to-give-victims-a-voice/) **Published:** November 29, 2021 **Author:** James R. Marsh **Content:** Individuals with intellectual disabilities (ID) are the[ most likely](http://www.npr.org/2018/01/08/570224090/the-sexual-assault-epidemic-no-one-talks-about) victims of sexual assault. To be effective advocates, attorneys must be properly trained to interview and depose this survivor population. Even before a sexual assault becomes a “case”, many reporting hurdles face these survivors: - Even if these survivors are capable of making a report, their credibility may be questioned simply because of their disability. - If the survivor is living exclusively with a community caregiver who may also be the perpetrator, there may be limited opportunities to make a report. Indeed, survivors may be putting themselves at risk by even attempting to report. - The person taking the report may not have the necessary skills to conduct the interview correctly. Interviewing and deposing are both art and science. There is no ironclad rulebook on how to properly relate with, interview, and depose a client with intellectual disabilities. Attorneys are encouraged to seek out resources and educate themselves prior to conducting interviews and depositions of an intellectually disabled client. **Daniel Pollack***, MSW, JD, is a Professor at Yeshiva University’s School of Social Work in New York.*  **Helene M. Weiss** *is an associate attorney at the Marsh Law Firm in New York, and Special Professor of Law, Maurice A. Deane School of Law, Hofstra University.* *They may be contacted at <dpollack@yu.edu> and [heleneweiss@marsh.law](https://www.jamesmarshlaw.com/people/helene-m-weiss/), respectively.* ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Childhood Sexual Abuse, Crime Victims' Rights, News --- ### [Amended ‘Nevermind’ Lawsuit Dredges Up Cobain Journal Entries, Says Baby Also Shot as Hugh Hefner](https://www.jamesmarshlaw.com/amended-nevermind-lawsuit-dredges-up-cobain-journal-entries-says-baby-also-shot-as-hugh-hefner/) **Published:** November 22, 2021 **Author:** James R. Marsh **Content:** A new version of the lawsuit accusing [Nirvana](http://nam12.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.rollingstone.com%2Ft%2Fnirvana%2F&data=04%7C01%7Cjamesmarsh%40marsh.law%7C3d62daab1aaa4983baf008d9adf7dda9%7Ceb4f6f0136e142e6ad35255c3cd3c188%7C0%7C0%7C637732102369151278%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=lSPQnPlwDIBctHLUCPsPMCCVGPxb5Lf%2BlnOSK7DYLtI%3D&reserved=0) of child pornography claims the photographer hired to take the naked baby photo used on *[Nevermind](http://nam12.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.rollingstone.com%2Ft%2Fnevermind%2F&data=04%7C01%7Cjamesmarsh%40marsh.law%7C3d62daab1aaa4983baf008d9adf7dda9%7Ceb4f6f0136e142e6ad35255c3cd3c188%7C0%7C0%7C637732102369161244%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=h93kZ9E4yRPR%2FTxFLgehp1pr6vx7peEEaCkenp2JArA%3D&reserved=0)*’s cover also shot images of the same baby, [Spencer Elden](http://nam12.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.rollingstone.com%2Ft%2Fspencer-elden%2F&data=04%7C01%7Cjamesmarsh%40marsh.law%7C3d62daab1aaa4983baf008d9adf7dda9%7Ceb4f6f0136e142e6ad35255c3cd3c188%7C0%7C0%7C637732102369171195%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=%2BDEP1XerdM4JSgADhHGItiKGGUXgrfruOZeaVCZ%2B7Ww%3D&reserved=0), styled to look like *Playboy* founder Hugh Hefner. Elden, now 30, added the allegation to his amended complaint filed Monday. The new filing also drops former Nirvana drummer Chad Channing as a defendant in the case, and dredges up disturbing journal entries attributed to late Nirvana frontman [Kurt Cobain](http://nam12.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.rollingstone.com%2Ft%2Fkurt-cobain%2F&data=04%7C01%7Cjamesmarsh%40marsh.law%7C3d62daab1aaa4983baf008d9adf7dda9%7Ceb4f6f0136e142e6ad35255c3cd3c188%7C0%7C0%7C637732102369171195%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=XDTRz0%2BtDKLFeIfL4BI%2Bw8qEeMiA7V0E8G9EqHEv7A8%3D&reserved=0). The new complaint, filed in federal court in Los Angeles, seeks to bolster Elden’s position that the photo of him at four months old, shot by photographer Kirk Weddle and used on the Seattle band’s seminal album, was intended to be sexual in nature. It repeats the assertion that Weddle intended to “trigger a visceral sexual response from the viewer” by activating “Spencer’s ‘gag reflex’ before throwing him underwater in poses highlighting and emphasizing Spencer’s exposed genitals.” Then without elaboration, it adds the line: “Weddle soon after produced photographs of Spencer dressed up and depicted as Hugh Hefner.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Cases, Child Pornography, Nirvana --- ### [Dave Grohl suggests Nirvana could alter controversial Nevermind cover](https://www.jamesmarshlaw.com/dave-grohl-suggests-nirvana-could-alter-controversial-nevermind-cover/) **Published:** October 4, 2021 **Author:** James R. Marsh **Content:** Dave Grohl has “many ideas” to change the cover artwork for Nirvana’s Nevermind album. The group’s second album, released in 1991, is an all-time classic, but courted controversy after Spencer Elden, the child who appears in the artwork, sued later singer Kurt Cobain’s estate over the nude image. He alleged the snap was an example of child pornography and sexual exploitation and, in response, Grohl told Britain’s [The Sunday Times](http://www.thetimes.co.uk/article/dave-grohl-foo-fighters-interview-confessions-of-a-rock-god-fz59kh30z) newspaper it could be altered in the future. “I have many ideas of how we should alter that cover but we’ll see what happens,” he said. “We’ll let you know. I’m sure we’ll come up with something good.” The legal battle comes about ahead of a 30th anniversary reissue of the classic album, for which Elden wants his image censored. He also wants the album art altered for any future re-releases, according to his lawyer Maggie Mabie. “If there is a 30th anniversary re-release, he wants for the entire world not to see his genitals,” Mabie told The Associated Press. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Cases, Child Pornography, Nirvana --- ### [Baby on Nirvana's 'Nevermind' Album Cover Pleads to Censor His Genitalia From 30th Anniversary Artwork](https://www.jamesmarshlaw.com/baby-on-nirvanas-nevermind-album-cover-pleads-to-censor-his-genitalia-from-30th-anniversary-artwork/) **Published:** September 24, 2021 **Author:** James R. Marsh **Content:** Spencer Elden, the naked swimming baby on [Nirvana](http://www.billboard.com/music/nirvana)‘s iconic 1991 album *Nevermind* cover, is pleading with the band on the album’s 30th anniversary to have the artwork revealing his genitalia to be altered. While fans, [next-gen artists](http://www.billboard.com/articles/columns/rock/9634665/nirvana-nevermind-artists-impact) and the landmark album’s [producer Butch Vig](http://www.billboard.com/articles/columns/rock/9635704/butch-vig-reflects-nirvana-nevermind-anniverary) are reflecting on the anniversary of *Nevermind*, which was released 30 years ago on Sept. 24, 1991, via DGC Records, Elden continues his fight over the naked photo of him as an infant. Now, he wants the image on all future reissues of the album — some of which are dropping soon — censored. The [30th anniversary editions](http://www.billboard.com/articles/columns/rock/9634824/nirvana-nevermind-30th-anniversary-editions/) of the album, which will be available starting Nov. 12, will feature more than 70 previously unreleased audio and video tracks. Elden and his attorneys at the Marsh Law Firm released a statement Friday about the matter, describing it as an issue of “consent,” “child pornography” and “privacy.” “Today, like each year on this date, our client Spencer Elden has had to brace himself for renewed unwanted attention from the media and fans alike throughout the world. This is a choice that he has never had. It has been thrust upon him, and for 30 years he has dealt with its devastating and painful consequences,” reads the statement shared with *Billboard*.” “Our message to Nirvana is clear — redact the image of Mr. Elden’s genitalia from all future album covers.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Cases, Child Pornography, Nirvana --- ### [NIRVANA'S 'NEVERMIND' ALBUM Grown-Up Baby Begs ... NIX GENITALIA ALBUM COVER FOR 30TH ANNY EDITIONS!!!](https://www.jamesmarshlaw.com/nirvanas-nevermind-album-grown-up-baby-begs-nix-genitalia-album-cover-for-30th-anny-editions/) **Published:** September 24, 2021 **Author:** James R. Marsh **Content:** Universal Music is on the verge of commemorating the 30th anniversary of Nirvana’s “Nevermind” with several multi-format reissues … but the grown-up baby on the iconic album cover has one message — don’t use the damn genitalia pic!!! **Spencer Elden** — the man who was the naked baby pictured in a swimming pool on Nirvana’s 1991 iconic album cover — has already sued over the image. His lawyer, **Maggie Mabie**, tells TMZ … she’s demanding Universal redact the image of Elden’s genitalia from all future album covers. What’s more … Mabie says it’s time to “end this child exploitation and violation of privacy.” She says every year, during the anniversary of the release of “Nevermind” … Elden has to brace himself for renewed, unwanted attention from the media and fans alike. She says with the 30th anniversary of the album release slated for Friday, Elden’s once again fears he’ll be subjected to public scorn and ridicule. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Cases, Child Pornography, Nirvana --- ### [Nirvana’s ‘Nevermind’ Still Provokes a Debate Over Decency](https://www.jamesmarshlaw.com/nirvanas-nevermind-still-provokes-a-debate-over-decency/) **Published:** September 18, 2021 **Author:** James R. Marsh **Content:** [“Lascivious” or “edgy”](http://www.law360.com/articles/1416270)? That’s the question raised by the lawsuit filed by Spencer Elden, now 30 years old, who as a baby was featured on the cover of Nirvana’s “Nevermind” album, swimming naked after a dollar bill that dangles before him on a fishhook. Elden argues that the image is pornographic and that, as an infant, he was forced to engage in commercial sex. Still, even early on there were dissenters. Writing in the New York Times in 1994, the acclaimed fashion journalist Suzy Menkes pointed to the “Nevermind” cover art as part of a fashion trend that had become “[uncomfortably close to kiddie porn](http://www.nytimes.com/1994/03/27/style/runways-robbing-the-cradle.html).” Menkes wasn’t pointing fingers; she was describing how fashion mimics “what is in the air.” Moreover, one suspects that for many of those who lauded the swimming baby image, “uncomfortably close” was part of the appeal. To be edgy is to dance along a forbidden line without quite stepping over it; or, if one does happen to dangle a toe on the wrong side, to jump back at once to safety. I’m not decrying the heightened concern over child pornography; I’m wondering whether we should apply our standards retrospectively. Does the fact that an image was considered art three decades ago mean that society cannot change its collective mind and decide today that it was kiddie porn all along? The question’s uncomfortable. But Elden’s lawsuit might be the vehicle that forces an answer. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Cases, Child Pornography, Nirvana --- ### [The Nirvana baby is all grown up and ready to sue](https://www.jamesmarshlaw.com/the-nirvana-baby-is-all-grown-up-and-ready-to-sue/) **Published:** September 6, 2021 **Author:** James R. Marsh **Content:** On August 24, Spencer Elden filed a case to sue the rock band Nirvana. A lot of people might not know his name, but they’ve most likely seen his face (or at least his baby face). One of Elden’s baby photos includes that of him submerged underwater and grabbing at a digitally imposed image of a bill on a hook. The album has generally been known as a statement on capitalism, but Elden’s lawyer, Robert Y. Lewis, [describes](http://variety.com/2021/music/news/nirvana-baby-nevermind-lawsuit-1235048465/) the image of Elden in that photo as “like a sex worker” as he reaches out for the bill while nude underwater. “Defendants intentionally commercially marketed Spencer’s child pornography,” states the lawsuit filed “and leveraged the shocking nature of his image to promote themselves and their music at his expense.” Maggie Mabie, one of the attorneys handling Elden’s case, [believes](http://variety.com/2021/music/news/nirvana-baby-lawyer-explains-nevermind-cover-child-porn-1235049961/?cx_testId=51&cx_testVariant=cx_2&cx_artPos=1#cxrecs_s) that the band was banking on “controversy sells” to sell their album. Relying on the shock value of the album cover to drive up sales. Elden is working with the Marsh Law Firm, based in New York. The firm specializes in cases that revolve around the sexual exploitation of children, which may explain their persistence on the child pornography angle. Why now? Mabie estimates that this case has been in the works for “over a year.” Further explaining that Elden still has the right to sue because the album and its cover are continuously being distributed to this day. “Even as a child, Spencer expressed that this was uncomfortable, and he doesn’t like the way that this puts him in a place where he really can’t (protest) that it’s an invasion of his own privacy,” Mabie says “because people come to defend the band, as opposed to protect Spencer.” The team was aware of the notice that the case may get due to the fame of the defendants, although they were not certain to what extent this may be. “Even though he recreated the images later on in his life, he was clothed, and he was an adult.” About Elden’s multiple recreation of the photo, Mabie counters by explaining that “these were very different circumstances.” Mabie stresses that “It takes a very long time when you are a victim of these kinds of image abuse crimes to really understand how you’ve been damaged.” She believes that there is no one who can understand how Elden feels right now other than Elden himself. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Pornography, News, Nirvana --- ### [Chris Cuomo argues with lawyer representing man suing Nirvana for child pornography](https://www.jamesmarshlaw.com/chris-cuomo-argues-with-lawyer-representing-man-suing-nirvana-for-child-pornography/) **Published:** August 26, 2021 **Author:** James R. Marsh **Content:** On [*Cuomo Prime Time*](http://www.cnn.com/shows/cuomo-prime-time) Wednesday, [Chris Cuomo](http://www.yahoo.com/entertainment/tagged/chris-cuomo?fr=sycsrp_catchall) sparred with Maggie Mabie, a lawyer representing Spencer Elden, who appeared naked as a baby on the cover of [Nirvana](http://www.yahoo.com/entertainment/tagged/nirvana?fr=sycsrp_catchall)’s 1991 album *Nevermind*. Elden is now [suing](http://www.yahoo.com/entertainment/man-photographed-baby-nevermind-cover-025606515.html) the two surviving members of the band, [Dave Grohl](http://www.yahoo.com/entertainment/tagged/dave-grohl/?fr=sycsrp_catchall) and Krist Novocelic, along with many others, alleging child pornography. Cuomo’s thoughts on the lawsuit were evident from the very beginning of the interview. After playing a short clip of the video for the first single off the album, “Smells Like Teen Spirit,” Cuomo said, “Part of the lyrics of that song is, ‘I found it hard, it’s hard to find. Oh well, whatever, never mind.’ I’m a little like that with your complaint, that’s why I want to talk to you about it.” Elden’s lawyers have made wild claims about the album cover, saying it made him look like a sex worker, and that he was used as an essential element of a record promotion scheme. Thirty years later, Mabie says there’s no doubt the image constitutes child pornography and was sexual in nature. “The focal point of the image is the minor’s genitalia. And here in that image along with all of the other dose factors as we pled in our complaint, it is a very over-sexualized image, and does constitute child pornography,” Mabie said. “More importantly, it was child exploitation in the way that they created it, and the way that they continue to distribute the image today.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Pornography, News, Nirvana, Video --- ### [Was the baby on the cover of Nirvana’s smash album ‘Nevermind’ exploited? Most definitely](https://www.jamesmarshlaw.com/was-the-baby-on-the-cover-of-nirvanas-smash-album-nevermind-exploited-most-definitely/) **Published:** August 28, 2021 **Author:** James R. Marsh **Content:** In the photo, the baby floats below the surface of the aquamarine water, posed like a skydiver, with outstretched arms. The 4-month-old appears to be reaching for a $1 bill baited on a fishhook. His tiny penis is visible, dangling in the water. Featured on the cover of Nirvana’s second album, “Nevermind,” it is one of the more iconic images in rock ’n’ roll history. The album, containing the monster hit “Smells Like Teen Spirit,” has sold at least 30 million copies and is still available anywhere music is sold. “The money is peanuts compared to what they have made and continue to make on this,” Elden’s attorney, Robert Lewis, said by phone Friday morning. More important, said Lewis, a former federal prosecutor whose law firm has handled child pornography cases for decades, Elden wants his genitals obscured in any future releases of the image, including a rumored reissuing of the album in September to coincide with its 30th anniversary. At first blush, this lawsuit seems far-fetched. How is the baby’s penis offensive? What about artistic license? Why wait 30 years to sue? And why not sue the parents, who, after all, offered up their baby? On reflection, however, it raises important questions about consent and the exploitation of children and babies in any sort of artistic venture, particularly commercial art. While many people interpret the photo as a critique of capitalism — and I am among them — it is hardly the place of strangers to tell Elden how he should feel. Although most adult pornography is protected by the 1st Amendment, the protections do not apply to child pornography, which is usually judged using six factors called the Dost test, criteria articulated by a California federal court in 1986: Is the focal point of the image the child’s genitalia? Is the setting sexually suggestive? Is the child depicted in an unnatural pose or in unnatural attire? Is the child clothed or nude? Does the image depict “sexual coyness or a willingness to engage in sexual activity”? And is the image intended to elicit a sexual response in the viewer? Lewis says the floating baby photo meets all six criteria; he believes the water is “suggestive of sexual activity,” that “throwing a 4-month-old child into the water is unnatural,” that the dangling dollar bill “invokes what happens in strip clubs” and that based on comments made by Cobain, the defendants “knew there were pedophiles out there who would find this sexually provocative.” As his lawyer put it, “In his 20s, a number of things became clear to him, and he said: ‘Enough of this. It’s harmful to me.’ He has done a lot of trauma work over the years and has come to realize that his image, the pornographic nature of it, has seriously impacted his life in ways he didn’t understand as a young person.” This makes perfect sense. Lewis said many of the clients he has represented, and who were abused as children, are in their 30s, 40s and 50s. He added, “Spencer is doing this at an age that is on the young side.” I would love to know what Elden’s parents were thinking when they accepted $200 from the photographer, who was a friend of his father’s, in exchange for allowing their son to be photographed. As for why they are not named as defendants, Lewis said, “I suppose we might have, but they are not the ones benefiting from it.” “You say it’s already out there, so what’s the value to that?” asked Lewis. “Well, you’re right, but it would help Spencer to know there is a stop to it.” If the case ever makes it to trial, a jury will decide whether Elden has been legally wronged. I’m not sure I would classify the image as child pornography, because it seems more of a cultural critique than something meant to titillate, but I certainly understand why Elden feels exploited, angry and ashamed. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Pornography, News, Nirvana --- ### [Attorney for ‘Nirvana Baby’ Explains Why They Believe the ‘Nevermind’ Cover Is Child Porn](https://www.jamesmarshlaw.com/attorney-for-nirvana-baby-explains-why-they-believe-the-nevermind-cover-is-child-porn/) **Published:** August 27, 2021 **Author:** James R. Marsh **Content:** A jury has yet to vote, if the case should make it to court, on whether the former members of [Nirvana](http://variety.com/t/nirvana/) and their associates sexually exploited a child by putting an unclothed 4-month-old boy on the cover of the classic 1991 album “[Nevermind](http://variety.com/t/nevermind/).” But the general public has done a lot of weighing in on the merits of the lawsuit filed by 30-year-old [Spencer Elden](http://variety.com/t/spencer-elden/) over the image. And there’s a lot of sympathy for the fact that Elden’s family was only ever paid $200 for a photo seen on a reported 30 million album covers and untold further millions of merch items. That it was “child pornography,” though? That hasn’t been, and it’s safe to say still isn’t, a majority opinion in [Kurt Cobain](http://variety.com/t/kurt-cobain/)-loving America. Elden’s lawyers, though, point out that this case isn’t being put to a popular vote — in their view, it will be decided by a jury they believe will favor their contention that the world-famous image constitutes the sexual exploitation of an infant who has spent the rest of his life trying to come to terms with it. In the wake of the [news of the lawsuit filed Tuesday in California’s federal court,](http://variety.com/2021/music/news/nirvana-baby-nevermind-lawsuit-1235048465/) Elden’s legal team is explaining the rationale behind the brief. (Reps for the defendants have so far not commented.) In case there’s any question over why the suit hits the child abuse angle so hard, as opposed to basic IP or rights issues, it should be noted that the New York-based Marsh Law Firm specializes in child sexual exploitation. Much of the public is expressing its cynicism about the lawsuit, but Maggie Mabie, an attorney handling the case who spoke with *Variety* on Wednesday, firmly believes in this case as part of their mission. (Elden himself is declining to comment.) ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Pornography, News, Nirvana --- ### [A naked baby helped Nirvana sell millions of records. Now 30, he’s suing the band for ‘child pornography.’](https://www.jamesmarshlaw.com/a-naked-baby-helped-nirvana-sell-millions-of-records-now-30-hes-suing-the-band-for-child-pornography/) **Published:** August 25, 2021 **Author:** James R. Marsh **Content:** Spencer Elden may very well be the most famous naked baby the world has ever seen. A photo of him as an infant — submerged in water and seemingly chasing a dollar bill dangling from a fish hook — became the cover of Nirvana’s 1991 release “Nevermind,” considered one of the greatest rock albums of all time. Three decades later, Elden is now claiming the album cover is child pornography. The suit alleges that all were involved in making child pornography and benefited from “the sex-trafficking venture and Spencer’s exploitation” that was the distribution of “Nevermind.” His attitudes about it have changed, too. [In 2008](http://www.npr.org/2008/07/23/92833535/once-naked-for-nirvana-now-a-teen-spirit), as a teenager, he told NPR: “Quite a few people in the world have seen my penis,” he said. “So that’s \[kind of\] cool. I’m just a normal kid living it up and doing the best I can while I’m here.” Over the next eight years, his outlook soured. In 2016, Elden did several interviews when he was in his mid-20s on the 25th anniversary of the “Nevermind” release. [In one with GQ](http://www.gq.com.au/entertainment/music/the-cover-star-baby-of-nirvanas-nevermind-album-25-years-on/news-story/091b16069b5f54dc0d27a86cf1ea3f6e), Elden said he was angry about being defined by something he had no control over. [In another with Time,](http://time.com/4499648/nirvana-nevermind-25-baby-spencer-elden/) he said “it feels kind of stupid doing interviews about it, because I had nothing to do with it, but a lot to do with it all at the same time.” Elden said some people think it’s cool that he’s “the Nirvana baby.” But, he added, women he dated would dump him when they found out he wasn’t making any money off it. And having friends talk about the naked photo was embarrassing, especially without any compensation to offset that humiliation, he said. While Elden has struggled financially, he said, others have and are still making millions off something he helped create — even if he didn’t have a say in what was created. “It’s a trip. Everyone involved in the album has tons and tons of money. I feel like I’m the last little bit of grunge rock,” [he told Time in 2016](http://time.com/4499648/nirvana-nevermind-25-baby-spencer-elden/). “I’m living in my mom’s house and driving a Honda Civic.” Elden is seeking at least $150,000 from each of the 15 named defendants in the lawsuit, legal fees and other unspecified damages. [In the GQ article](http://www.gq.com.au/entertainment/music/the-cover-star-baby-of-nirvanas-nevermind-album-25-years-on/news-story/091b16069b5f54dc0d27a86cf1ea3f6e), Elden also addressed an issue more closely tied to the lawsuit he filed Tuesday. “I’ve been going through it my whole life. But recently I’ve been thinking, ‘What if I wasn’t OK with my freaking penis being shown to everybody?’ I didn’t really have a choice.” Perhaps sensing it had become a sore subject, the interviewer gave Elden a reprieve. They were done talking about Nirvana, he said. Time to move on to a new subject: What was he doing now? After all, Elden had become an accomplished artist in his own right. “I’ve been doing a few art shows and paintings,” Elden said before turning back to the subject of the Nirvana album cover. “I don’t know if I’m ever going to be able to do a piece of work better than that in my entire life. But I’m just trying to get it out of my head — this image of a baby chasing a dollar — and not worry about making millions of dollars. “It’s a complicated thing.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Pornography, News, Nirvana --- ### [Nevermind That Nirvana Child Pornography Lawsuit, Attorneys Say](https://www.jamesmarshlaw.com/nevermind-that-nirvana-child-pornography-lawsuit-attorneys-say/) **Published:** August 26, 2021 **Author:** James R. Marsh **Content:** Nirvana’s 1991 album cover featuring a naked baby in a pool is now at the center of a debate about the line between art and child pornography. While some seasoned litigators tell THR there’s nothing “a reasonable person would see as sexual about that image,” the lawyer for the man in the photo insists it’s child exploitation material. Elden’s attorney James Marsh, whose practice focuses on victims of sex abuse, insists permission wasn’t given. “Our understanding is there was no release,” he says. “In a culture in which we are trying to uphold consent as one of the highest values, an image of a child naked that he didn’t consent to should cause people concern.” Marsh doesn’t think Elden’s past comments are relevant to the key issue: whether the photo is child pornography. To a certain extent, he’s correct. If the court determines the image is child pornography, nothing else matters. If the court determines it isn’t, that’s when the other claims will come into play. “Hindsight is 2020,” says Marsh, “You can cherry-pick all kinds of things he’s said over the years. He’s also said he felt profoundly humiliated and exposed by this image.” Marsh disagrees. “I’m not an expert on California law, or California SLAPP law, but for what I understand it only extends to protected speech, and child pornography is not protected speech,” he says. “We vetted this case very carefully over many years before we filed this. We chose to bring this case forward because we have a good-faith belief that this qualifies under the law as child exploitation material.” Marsh says it’s “mystifying” that the suit is generating criticism and says he’s heard the “you’re not a real victim” narrative for “far too long” in his line of work. He also tells *THR* they didn’t send demand letters to the defendants prior to filing the suit, but notes there has been press coverage over the years that his client “tried to reach out to people and has had the door slammed in his face.” The upcoming 30th anniversary of the album was a catalyst for the complaint, which is embedded below. “We needed to get this done and try to put a stop to the re-issuance prior to the anniversary,” says Marsh, adding that the motivation for choosing this image over another one isn’t being adequately scrutinized. “Would the album have been as iconic without his penis as it was with it? If it could have, why did they pick the image that displayed it?” Marsh says, pointing to an allegation in the complaint that Cobain wanted to cover the baby’s genitals with a sticker that read “If you’re offended by this, you must be a closet pedophile” if the album cover couldn’t be left uncensored. “We want the sticker on there. That’s what it’s all about. I think Nirvana, given the publicity from this lawsuit, will more than make up for the cost of the sticker.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Pornography, News, Nirvana --- ### [Man who appeared on 'Nevermind' cover as an infant accuses Nirvana of child pornography in lawsuit](https://www.jamesmarshlaw.com/man-who-appeared-on-nevermind-cover-as-an-infant-accuses-nirvana-of-child-pornography-in-lawsuit/) **Published:** August 25, 2021 **Author:** James R. Marsh **Content:** The man who appeared naked as a baby on a famed Nirvana album cover is suing the band, saying they profited off an image that constitutes “child pornography.” Members of the band, [Spencer Elden](http://thehill.com/person/spencer-elden)‘s attorney claims in a suit filed Tuesday in Los Angeles federal court, “knowingly produced, possessed, and advertised commercial child pornography depicting \[Elden\], and they knowingly received value in exchange for doing so.” Now 30, Elden appears on the cover of Nirvana’s smash 1991 record “Nevermind” as a then-infant depicted underwater with a dollar bill on a fishhook. Elden, who claims he was never compensated for appearing on the cover as a four-month-old, is seeking $150,000 from each defendant, attorney fees and an injunction prohibiting the defendants “from continuing to engage in the unlawful acts and practices described herein.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Pornography, News, Nirvana --- ### [Baby on Nevermind cover sues Nirvana over child sexual exploitation](https://www.jamesmarshlaw.com/baby-on-nevermind-cover-sues-nirvana-over-child-sexual-exploitation/) **Published:** August 25, 2021 **Author:** James R. Marsh **Content:** Spencer Elden, who appeared as a naked baby on one of rock music’s most iconic album covers – Nevermind by [Nirvana](http://www.theguardian.com/music/nirvana) – is suing the band, claiming he was sexually exploited as a child. In a lawsuit filed in a Californian district court against numerous parties, including the surviving members of the band, Kurt Cobain’s widow Courtney Love, and the record labels that released or distributed the album in the last three decades, Elden alleges the defendants produced a child sexual abuse image with the photo, which features him swimming naked towards a dollar bill with his genitalia visible. The lawsuit accuses the defendants of “commercial child sexual exploitation of him from while he was a minor to the present day … defendants knowingly produced, possessed and advertised commercial child pornography depicting Spencer”. The lawsuit claims the image is “sexually graphic”, and says it makes Elden resemble “a sex worker – grabbing for a dollar bill”. It claims Elden was never paid for appearing on the cover, and that his parents never signed a release form for the image, which was shot specifically for the album cover. It has previously been reported that Elden was paid $250. Elden is seeking damages of at least $150,000 from each of the 15 defendants, plus costs, and asks that the case be tried with a jury. The defendants have not yet responded to the lawsuit, or commented on it publicly. The Guardian has contacted the managers of the [Nirvana](http://www.theguardian.com/music/nirvana) estate for further comment. Elden’s legal team Marsh Law said in a statement: “This is an issue of consent – something that our client never had the opportunity to give.” Kirk Weddle, who shot the image, told the Guardian in 2019: “I’m still in contact with Spencer. I used to think, ‘Man, when that kid is 16 he’s gonna hate my guts!’ He doesn’t, but he’s conflicted about the picture. He feels that everybody made money off it and he didn’t. I think he deserves something. But it’s always the record labels that make the money.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Pornography, News, Nirvana --- ### [The Nevermind cover baby, all grown up, is suing Nirvana for child pornography](https://www.jamesmarshlaw.com/the-nevermind-cover-baby-all-grown-up-is-suing-nirvana-for-child-pornography/) **Published:** August 25, 2021 **Author:** James R. Marsh **Content:** Next month marks the official 30th anniversary of [Nirvana](http://ew.com/creative-work/nirvana/)‘s seminal grunge album *Nevermind*, but the surviving members of the band may not be in a mood to celebrate. Spencer Elden, who was photographed naked as a baby for the album’s iconic cover art, filed a lawsuit on Tuesday accusing Nirvana and Geffen Records of profiting from child pornography of him. Per legal precedent, Elden is asking for $150,000 in damages from each defendant, a list that includes former Nirvana members [Dave Grohl](http://ew.com/tag/dave-grohl/), [Krist Novoselic](http://ew.com/tag/krist-novoselic/), and Chad Channing; [Kurt Cobain](http://ew.com/tag/kurt-cobain/)‘s widow [Courtney Love](http://ew.com/tag/courtney-love/) and two other managers of his estate; photographer Kirk Weddle and art director Robert Fisher; plus Geffen Records, Warner Records, and Universal Music Group. The lawsuit also requests a trial by jury. The provocative imagery of *Nevermind*‘s cover made it instantly iconic, as recognizable as the opening notes of “Smells Like Teen Spirit.” Back in 1992, [EW reported out the process of creating the cover](http://ew.com/article/2016/09/22/nirvana-nevermind-album-cover-behind-scenes/). Fisher told EW that the seed of the idea came from Cobain, who had seen a documentary on babies being born underwater and “thought the image would make a cool cover. That vision was a bit too graphic, so we went with the swimming baby instead.” Weddle cast five babies in total for the shoot at the Pasadena Aquatic Center, but Spencer is the one who reacted best to being thrown in the pool and having an assistant blow a puff of air in his face to wrinkle his nose. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Pornography, News, Nirvana --- ### [The Baby From Nirvana’s “Nevermind” Album Cover Is Suing The Band And Kurt Cobain’s Estate For Alleged “Sexual Exploitation”](https://www.jamesmarshlaw.com/the-baby-from-nirvanas-nevermind-album-cover-is-suing-the-band-and-kurt-cobains-estate-for-alleged-sexual-exploitation/) **Published:** August 25, 2021 **Author:** James R. Marsh **Content:** Spencer Elden was an infant when he was photographed naked by a family friend for the cover of Nirvana’s “Nevermind” album cover. Now, 30 years later, he is suing the band, alleging that he was “sexually exploited” as a minor. While nonsexualized images of infants are generally not considered to be child porn under US law, Elden’s lawyer, Robert Y. Lewis, claims that the image crosses a threshold into pornographic imagery. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Pornography, News, Nirvana --- ### [Nirvana sued by man who was nude baby on ‘Nevermind’ cover](https://www.jamesmarshlaw.com/nirvana-sued-by-man-who-was-nude-baby-on-nevermind-cover/) **Published:** August 26, 2021 **Author:** James R. Marsh **Content:** A 30-year-old man who appeared nude at 4 months old in 1991 on the cover of Nirvana’s “Nevermind” album is suing the band and others, alleging the image is child pornography they have profited from. The lawsuit, filed by Spencer Elden on Tuesday in federal court in California, alleges that Nirvana and the record labels behind “Nevermind” “intentionally commercially marketed Spencer’s child pornography and leveraged the shocking nature of his image to promote themselves and their music at his expense.” The lawsuit says Elden has suffered “lifelong damages” from the ubiquitous image of him naked underwater appearing to swim after a dollar bill on a fish hook. It seeks at least $150,000 from each of more than a dozen defendants, including the Kurt Cobain estate, surviving Nirvana members Krist Novoselic and Dave Grohl and Geffen Records. Elden is filing the lawsuit now because he “finally has the courage to hold these actors accountable,” one of his attorneys, Maggie Mabie, told The Associated Press Wednesday. Mabie said despite the photo being 30 years old, the lawsuit is within the statute of limitations of federal child pornography law for several reasons, including the fact that the image is still in circulation and earning money. Elden also wants any new versions of the album altered. “If there is a 30th anniversary re-release, he wants for the entire world not to see his genitals,” Mabie said. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Pornography, News, Nirvana --- ### [Why the Baby on Nirvana’s ‘Nevermind’ Album Is Suing Now](https://www.jamesmarshlaw.com/why-the-baby-on-nirvanas-nevermind-album-is-suing-now/) **Published:** August 26, 2021 **Author:** James R. Marsh **Content:** Spencer Elden was 4 months old when he was photographed by a family friend in 1991 drifting naked in a pool. The picture, taken at the Rose Bowl Aquatics Center in Pasadena, Calif., would be used that year for the cover of “Nevermind,” Nirvana’s seminal second album that helped define Generation X and rocketed the Seattle band to international fame. “Defendants knowingly produced, possessed, and advertised commercial child pornography depicting Spencer, and they knowingly received value in exchange for doing so,” according to the lawsuit, which was filed on Tuesday in federal court in California. Mr. Elden suffered “permanent harm” because of his association with the album, including emotional distress and a “lifelong loss of income-earning capacity.” The lawsuit did not provide details about the losses and said they would be disclosed at trial. Mr. Elden, an artist living in Los Angeles County, has gone to therapy for years to work through how the album cover affected him, said Maggie Mabie, one of his lawyers. “He hasn’t met anyone who hasn’t seen his genitalia,” she said. “It’s a constant reminder that he has no privacy. His privacy is worthless to the world.” “They were trying to create controversy because controversy sells,” Ms. Mabie said. “The point was not just to create a menacing image but to cross the line and they did so in a way that exposed Spencer so that they could profit off of it.” She said her client sometimes agreed when the band, media outlets and fans asked him to recreate the photo as an adult, but he eventually realized that this only resulted in the “image of him as a baby being further exploited.” Ms. Mabie said that Mr. Elden has long felt discomfort over the images and had expressed it in even earlier interviews when he was teenager. “Mr. Elden never consented to the use of this image or the display of these images,” she said. “Even though he recreated the images later on in life, he was clothed and he was an adult and these were very different circumstances.” Ms. Mabie said his parents never authorized consent for how the images would be used. She noted that Mr. Cobain once suggested putting a sticker over the baby’s genitals after there was pushback to the idea for the cover. The performer, [who died in 1994](http://www.nytimes.com/1994/04/09/obituaries/kurt-cobain-hesitant-poet-of-grunge-rock-dead-at-27.html), said the sticker should read: “If you’re offended by this, you must be a closet pedophile.” Mr. Elden is “asking for Nirvana to do what Nirvana should have done 30 years ago and redact the images of his genitalia from the album cover,” Ms. Mabie said. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Pornography, News, Nirvana --- ### [Cuomo to Nirvana baby lawyer: 'How do you get to pornography here?'](https://www.jamesmarshlaw.com/cuomo-to-nirvana-baby-lawyer-how-do-you-get-to-pornography-here/) **Published:** August 25, 2021 **Author:** James R. Marsh **Content:** CNN’s Chris Cuomo talks with attorney Maggie Mabie, whose client Spencer Elden, known as the baby on Nirvana’s famous “Nevermind” album cover, is [suing the band over alleged “child sexual exploitation.”](http://www.cnn.com/2021/08/25/entertainment/spencer-elden-nirvana-nevermind-lawsuit-scli-intl/index.html) ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Pornography, News, Nirvana, Video --- ### [Legal experts trash ‘child porn’ claim over Nirvana ‘Nevermind’ album cover](https://www.jamesmarshlaw.com/legal-experts-trash-child-porn-claim-over-nirvana-nevermind-album-cover/) **Published:** August 25, 2021 **Author:** James R. Marsh **Content:** The man who appeared as a naked baby on the cover of Nirvana’s smash, breakthrough album should have said “Nevermind” to the idea of [filing a child-porn lawsuit](http://nypost.com/2021/08/25/nevermind-cover-baby-spencer-eldon-sues-nirvana-over-child-pornography/) over its iconic cover, some legal experts said Wednesday. Elden’s lawyer James Marsh — who’s represented victims of child pornography for 16 years and currently has 26 such cases — slammed criticisms the suit was frivolous. “We are dealing with real people, a real album, a real picture and a real cause of action, so the notion that this is frivolous … is sort of laughable because frivolous lawsuits are \[cases where\] you’ve got a hangnail or something,” Marsh told The Post. “This is something that happened without his consent long before he was in a position of giving consent. This is also an album that was very controversial from the very first day,” Marsh said. He attributed the suit’s backlash to “idol worship when it comes to famous people, bands and places.” Marsh argued against claims that the suit was offensive to victims child pornography, saying that several of his own clients “have contacted us to say they feel for what Elden is going through and they fully support him in these efforts.” As to accusations that the suit was a money grab, Marsh responded: “We are requesting the minimum statutory damages of the statute… we are entitled to $150,000 per defendant and Congress set that number. “That is what Congress feels is the minimum amount of harm caused by defendants who engaged in this behavior.” “The reality is a court will decide whether or not this is child pornography,” Marsh added. “A jury will be called to decide whether or not this qualifies as child exploitation and those are factual issues.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Pornography, News, Nirvana --- ### [NIRVANA, KURT COBAIN'S ESTATE: BABY'S ALL GROWN UP, NOW HE'S SUING ... Over 'Nevermind' Art](https://www.jamesmarshlaw.com/man-photographed-as-baby-on-nevermind-cover-sues-nirvana-alleging-child-pornography/) **Published:** August 24, 2021 **Author:** James R. Marsh **Content:** The baby from Nirvana’s famous “Nevermind” album art is all grown up … and now he’s suing the band for child sexual exploitation. A man named **Spencer Elden** claims he’s the naked baby famously pictured in a swimming pool on Nirvana’s groundbreaking 1991 album cover … and he’s suing the band, its surviving members and [**Kurt Cobain**](http://www.tmz.com/people/kurt-cobain/)‘s estate, 30 years after the album dropped. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Pornography, News, Nirvana --- ### [With New York Abuse Claim Window Closed, Victims Face Hurdles in Bankruptcy Court](https://www.jamesmarshlaw.com/with-new-york-abuse-claim-window-closed-victims-face-hurdles-in-bankruptcy-court/) **Published:** August 21, 2021 **Author:** James R. Marsh **Content:** Thousands of New Yorkers who said they were sexually abused as children filed lawsuits ahead of a state deadline last week. For many, their efforts to seek redress and confront abusers will now run through bankruptcy court, where the institutions they sued took refuge from litigation. Since New York’s Child Victims Act in 2019 opened the door for lawsuits over sexual abuse suffered years or decades ago, roughly 9,000 people have filed suits in the state against individuals and institutions, according to Child USA, a nonprofit childhood abuse research and advocacy group. The window for victims to bring lawsuits is now closed, capping the efforts of activists who worked for years to convince lawmakers to suspend the statute of limitations for legal claims involving incidents of childhood trauma. Now a new phase begins for those survivors whose claims have been shifted from plaintiff-friendly state court to the federal bankruptcy system, where they could face resistance from institutions like the Boy Scouts of America and the Roman Catholic Diocese of Rockville Centre on New York’s Long Island. Both filed for chapter 11 last year, overwhelmed with abuse litigation, as did dioceses in Syracuse, Buffalo and Rochester. Survivors in such cases must go through bankruptcy court to seek redress from insurance companies and nonbankrupt affiliates. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Bankruptcy, Cases, Catholic Church, Child Victims Act (CVA), Childhood Sexual Abuse, News, Scouting --- ### [Buffalo man's testimony 18 years ago paved way for nearly 11,000 Child Victims Act lawsuits](https://www.jamesmarshlaw.com/buffalo-mans-testimony-18-years-ago-paved-way-for-nearly-11000-child-victims-act-lawsuits/) **Published:** August 17, 2021 **Author:** James R. Marsh **Content:** The volume of cases in New York was 10 times the number of lawsuits filed in other states that opened similar windows suspending the civil statute of limitations for child sex abuse crimes from years ago. The state Office of Court Administration tallied a total of 10,857 lawsuits between Aug. 14, 2019 and the expiration of the Child Victims Act window on Saturday. State courts in Western New York accounted for 1,474 of the filings, including 1,219 in Erie County – third most in the state. New York County had the most lawsuits with 2,606, followed by Kings County with 1,620. Prior to New York’s revival window, California and Delaware had the largest number of lawsuits in states that suspended the civil statutes of limitations in child sex abuse cases, with about 1,100 in each state, according to Child USA, a national child protection organization. A 15-year run up to passage of the Child Victims Act was one of the reasons so many more lawsuits were filed in New York, as compared to other states, said attorney James Marsh, whose firm represents more than 500 clients with CVA cases across the state. “The real linchpin in terms of the response is the vast cultural change, especially in the last five years, with not only the ‘Me Too’ movement and more awareness about sexual abuse and sexual coercion in general, but also the report, which came out of Pennsylvania, which ironically has not passed their version of the Child Victims Act yet,” Marsh said. A blockbuster [2018 grand jury report](http://buffalonews.com/news/local/grand-jury-catholic-church-hid-abuse-of-1-000-children-in-pennsylvania/article_ecc5da6d-29d4-5047-ad39-90a094cbcbed.html) – based largely upon documents seized from the Catholic church – found that 299 priests had abused more than 1,000 children across six dioceses in Pennsylvania, sending shock waves around the world. The Buffalo Diocese, for example, [filed for Chapter 11 protection](http://buffalonews.com/business/local/buffalo-diocese-files-for-chapter-11-bankruptcy/article_eb00d24e-1e79-5bfc-b6a6-5435309dc555.html) on Feb. 28, 2020 – a move that blocked some 260 Child Victims Act lawsuits that had been filed at the time from moving forward. Plaintiffs attorneys responded by filing claims against parishes and other non-bankrupt Catholic entities. But Marsh said it’s too soon to know how much of an effect the bankruptcies had on overall filing numbers. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [Nearly 1,100 Long Island lawsuits filed under NY Child Victims Act](https://www.jamesmarshlaw.com/nearly-1100-long-island-lawsuits-filed-under-ny-child-victims-act/) **Published:** August 17, 2021 **Author:** James R. Marsh **Content:** Nearly 1,100 civil suits alleging sexual abuse have been filed in Long Island courts under a law that allowed victims to sue for crimes committed decades earlier, according to state records. The two-year lookback window to file a claim under New York State’s Child Victims Act ended Friday with 10,857 cases filed statewide, according to records, which were released Tuesday. “In a way it’s a wonderful number because it means so many people came forward,” said Jennifer Freeman, senior counsel at the Manhattan-based Marsh Law Firm, which filed nearly 500 cases under the Act that are currently pending in state court. “But in a way it’s so sad because so many people had to come forward. I feel very conflicted about these numbers.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [How the Child Victims Act revealed New York’s dark history of child sexual abuse](https://www.jamesmarshlaw.com/how-the-child-victims-act-revealed-new-yorks-dark-history-of-child-sexual-abuse/) **Published:** August 13, 2021 **Author:** James R. Marsh **Content:** The Child Victims’ Act, which [went into effect August 2019](http://nypost.com/2019/08/13/new-york-courts-brace-for-surge-of-cases-under-new-child-victims-act/), opened up a year-long window for adult survivors of child sexual abuse to file claims against their perpetrators, regardless of when the crimes occurred. The law also changed the statute of limitations for civil sexual abuse claims, allowing any survivor to file suit until the age of 55 when the previous cut-off age was 23. In a glimpse, the Pfau Cochran Vertetis Amala law firm said about 10 percent of the 479 cases they’ve brought under the law have been settled. They noted, however, that many of the defendants are waiting for the look-back window to expire so they know exactly how many claims they’re up against before they start negotiating. While attorneys say it’ll likely take years to see a complete picture of the monetary results that came from suits brought during the look-back window, the survivors behind the dockets are relieved to just finally be heard after so many years of silent anguish. Jason Amala, of Pfau Cochran Vertetis Amala, noted the case is on pause while the Boy Scouts hammer out their bankruptcy proceedings. But “fair compensation” for the abuse his clients endured is only one aspect of the healing process. “For most people, what’s arguably more important for them is they want answers, they want to know ‘how did this happen?’” Amala said. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [Child abuse survivors wait for justice, healing as CVA deadline passes with nearly 10K lawsuits filed](https://www.jamesmarshlaw.com/child-abuse-survivors-wait-for-justice-healing-as-cva-deadline-passes-with-nearly-10k-lawsuits-filed/) **Published:** August 13, 2021 **Author:** James R. Marsh **Content:** When legislators in New York passed [the Child Victims Act](http://www.democratandchronicle.com/story/news/politics/albany/2019/02/14/child-victims-act-four-things-know-new-law-new-york/2868643002/) in 2019, it was prompted by an understanding that survivors of sexual abuse were struggling to heal and needed help. Outdated laws kept them from finding justice through the courts, and the institutions which had fostered the abuse were slow to respond on their own. What the legislators did not understand, perhaps, was how pervasive the sexual abuse of children had been across the state and the sheer number of individuals who had been victimized. More than 9,200 complaints have been filed as part of the CVA process, with a surge of new claims arriving as the Aug. 14 deadline approached. The final number may approach 10,000 cases. Law firms such as New York City-based Marsh Law Firm have been working with child sexual abuse cases since before the passage of CVA, but didn’t know what to expect in terms of the number of cases that would come in when the legislation was passed. “We knew that certainly a lot of people have been abused, but are they interested, ready, available to come forward? ” said Jennifer Freeman, a senior attorney with Marsh Law. Due to the influx of individuals coming forward, her firm dedicated specific resources to CVA cases and even hired additional staff. That firm has filed about 479 cases, [including one with 80 accusers against Reginald Archibald](http://www.democratandchronicle.com/story/news/2019/04/25/dr-reginald-archibald-rockefeller-university-hospital-allegedly-used-boys-club-pools-recruit-victims/3575051002/), a Rockefeller University Hospital doctor who allegedly abused hundreds of children during his over 40-year term starting in 1948. There are about 70 lawsuits filed against the university hospital under the CVA. Some of the cases involving Archibald have been resolved, and a handful of other clients have been able to reach a settlement agreement without needing to file a claim. However, Freeman said the larger institutions may be waiting until after the deadline passes to assess the number of claims and liability exposure before deciding how to move forward. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Archibald Scandal, Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [NY let childhood sex abuse victims sue; 9,000 went to court](https://www.jamesmarshlaw.com/ny-let-childhood-sex-abuse-victims-sue-9000-went-to-court/) **Published:** August 13, 2021 **Author:** James R. Marsh **Content:** For two years, New York temporarily set aside its usual time limit on civil lawsuits in order to [allow victims of childhood sexual abuse to sue](http://nam12.safelinks.protection.outlook.com/?url=https%3A%2F%2Fapnews.com%2Farticle%2Fbcc7e0aa3cca4cbfb016d13314a246f5&data=04%7C01%7Cjamesmarsh%40marsh.law%7Cbcef0a6c7c804e89dab808d95e67685e%7Ceb4f6f0136e142e6ad35255c3cd3c188%7C0%7C0%7C637644620512763382%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=DmOBqvVqUU3Is9MI4X7HO%2F7BtqbQaOkLArAkPhQ2UIE%3D&reserved=0) churches, hospitals, schools, camps, scout groups and other institutions and people they hold responsible for enabling pedophiles or turning a blind eye to wrongdoing. That window closes Saturday, after more than 9,000 lawsuits were filed, a deluge whose impact may be felt for many years. The tsunami of litigation surprised even some of the lawyers who work regularly with alleged abuse victims. “We thought maybe we get one hundred cases or a couple hundred cases and here we are,” said attorney James Marsh, whose firm has filed about 800 cases. “We woefully miscalculated the interest there.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [Sex abuse victims’ lawsuits continue to pour in as NY’s Child Victims Act nears its deadline to file](https://www.jamesmarshlaw.com/sex-abuse-victims-lawsuits-continue-to-pour-in-as-nys-child-victims-act-nears-its-deadline-to-file/) **Published:** August 8, 2021 **Author:** James R. Marsh **Content:** The window to file lawsuits under New York State’s Child Victims Act will come to a close later this month, but until a few weeks ago, David Ferrick didn’t know that the law enabling victims of sexual assault to sue even existed. Ferrick, 52, learned about it last month in Fresno, California — thousands of miles away from his childhood home in Brooklyn, where he attended St. Cecilia’s Roman Catholic Church in Greenpoint and where he says in a newly filed lawsuit that a priest there molested him when he was just a 10-year-old altar boy. The aim of the law, which Gov. Cuomo signed in February 2019, was to allow victims the chance to pursue their abusers even if the statute of limitations for their crimes had passed. It went into effect in August 2019 and included a deadline for victims to file their claims by August 2020. So far, more than 8,200 legal claims have been filed under the Child Victims Act in New York state, according to the state’s Office of Court Administration. Over the last week, at least 625 new claims have been filed. Jennifer Freeman, a lawyer with the Marsh Law Firm, has been filing lawsuits under the CVA since it first went into effect and said that, with the window to file lawsuits now closing, her firm has seen a marked uptick in new claims over the last three months. She remains concerned, though, that many victims are still unaware of the fact that they can pursue their abusers — and that they will soon no longer have that opportunity. “The thing that worries me is: What about those people who do not live in the New York area?” she said. “If they have a claim, they have to call a child sex abuse lawyer right away.” When Ferrick got the call from a private investigator working for the Marsh firm in July, at least two others had already made accusations and filed lawsuits against Sexton, according to Jason Amala, an attorney with the firm. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Catholic Church, Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [‘Flood’ of new suits as Child Victims Act look-back window set to close](https://www.jamesmarshlaw.com/flood-of-new-suits-as-child-victims-act-look-back-window-set-to-close/) **Published:** August 11, 2021 **Author:** James R. Marsh **Content:** In the two years leading up to Aug. 4, survivors of child sexual abuse filed more than 8,263 civil suits in New York against their alleged abusers and the institutions that employed them. Seven days later, that total jumped by nearly 1,000 to 9,241, according to data from the state’s Office of Court Administration. The dramatic rise in cases is coming ahead of the end of a so-called “look-back,” or revival window for claims of child sexual abuse written into law with the Child Victims Act of 2019. The law changed the statute of limitations for such crimes, raising to 55 from 23 the age by which a person must file a civil claim for sexual abuse they experienced younger than 18. It also created a temporary period during which people older than 55 could also sue for childhood abuse. That window, which allowed survivors to sue people and institutions for abuse dating to the 1970s and earlier, is ending as of Aug. 14. “The flood of calls is enormous right now, as people realize there is no more time,” said Jennifer Freeman, an attorney with the Manhattan-based Marsh Law Firm, who is overseeing CVA suits against major institutions, such as the Archdiocese of New York and the Boy Scouts of America. “They really have to make a decision.” Between Freeman’s firm and another law firm they partner with on such cases, they have 20 lawyers working round-the-clock on fielding last-minute calls from survivors and writing and filing new complaints. Freeman said that she has had some plaintiffs with cases pending die of COVID-19. Last year, Gov. Andrew Cuomo extended the initial 12-month look-back window for another year because of the pandemic, but Freeman says it hasn’t been enough time. “I don’t know who hasn’t been able to call me, because they’re still sick, or their loved one is still sick and suffering,” she said. The delay has been frustrating for survivors who filed suit on the first day of the look-back window, like Rich Cardillo, a client at Freeman’s firm, who is suing the Roman Catholic Archdiocese of New York and a Catholic prep school in New Rochelle over a sexual assault he says he endured as a teenager in the spring of 1975. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Catholic Church, Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [Bishop acknowledges child predators were sent for 'treatment'](https://www.jamesmarshlaw.com/bishop-acknowledges-child-predators-were-sent-for-treatment/) **Published:** August 1, 2021 **Author:** James R. Marsh **Content:** The Roman Catholic Diocese of Albany engaged in a decades-long cover-up of chronic child sexual abuse committed by its priests by employing practices described in a recent statement from former Bishop Howard J. Hubbard, who ran the diocese from 1977 to 2014.   Hubbard’s statement, issued through his attorney in response to a series of questions from the Times Union, confirmed that the diocese shielded priests and others facing sexual abuse allegations — sending them into private treatment programs rather than contacting law enforcement officials or alerting parishioners. Some of those priests allegedly emerged from treatment and committed more crimes. Hubbard’s response comes as he is facing multiple allegations of sexually abusing a minor, and is named in dozens of additional court cases in which he stands accused of covering up abuse by others. After this story was published online, his attorney sent an email disputing that the practices described in the bishop’s statement amounted to a cover-up. Michael Harmon, who is suing the diocese, says he was abused in the 1980s by Pratt, who was vice chancellor of the diocese, often inside the chancery in a room across the hall from where Hubbard lived. Harmon said that while Hubbard never abused him, the bishop was aware that the boy would spend multiple nights each week in Pratt’s bedroom at the chancery. After years of alleged abuse, on a day when Pratt was downstairs in the chancery, Harmon said he told Hubbard what had been happening and asked for his help. In response, he said, Hubbard told him to leave the chancery immediately and never tell anyone what he had just said or that he would be arrested. Hubbard categorically denies Harmon’s allegations and says that no guests ever stayed in the priests’ quarters at the chancery. In a letter sent to Hubbard in 2011, another man who identifies himself as a survivor of sexual abuse at the hands of an Albany Diocese clergyman described going to confession and telling a priest about the abuse he was suffering. “I was ordered to never talk about it again, I was told to go to the altar to confess my sins,” he wrote. “I — a child — was told to ask God’s forgiveness for what I ‘had done.’” If the claims weren’t ignored or the priest admitted to abuse, the diocese’s ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Cases, Catholic Church, Child Victims Act (CVA), Childhood Sexual Abuse --- ### [He alleges sex abuse by prominent Staten Island priest ‘robbed’ him of childhood, explains why he went public with lawsuit](https://www.jamesmarshlaw.com/he-alleges-sex-abuse-by-prominent-staten-island-priest-robbed-him-of-childhood-explains-why-he-went-public-with-lawsuit/) **Published:** July 31, 2021 **Author:** James R. Marsh **Content:** A former Staten Islander alleges that he was sexually abused for several years beginning when he was a teen in the 1990s by a Roman Catholic priest who served for decades on Staten Island. Ryan Barry, now a husband and father who lives in Pennsylvania, said in a lawsuit and a recent interview with the Advance/SILive.com that he was preyed upon by the Rev. James Garisto, a former pastor, teacher and school administrator in our borough. “He robbed me of pretty much my whole childhood and my teenage years,” Barry said of Father Garisto. Barry sued the Archdiocese of New York and St. Joseph by-the-Sea High School under the Child Victims Act in Manhattan state Supreme Court. Father Garisto is named as his abuser in the filing, and Barry is represented by the Marsh Law Firm and Pfau Cochran Vertetis Amala. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Cases, Catholic Church, Child Victims Act (CVA), Childhood Sexual Abuse --- ### [Women say culture of secrecy at Victory Church enabled predators to abuse them as girls](https://www.jamesmarshlaw.com/women-say-culture-of-secrecy-at-victory-church-enabled-predators-to-abuse-them-as-girls-2/) **Published:** July 1, 2021 **Author:** James R. Marsh **Content:** According to the court papers filed under the Child Victims Act in New York State Supreme Court in Monroe County Monday, the church allowed and even encouraged multiple men with known histories of sexual abuse to serve on staff and look after girls in unsupervised settings. The window to file cases under New York’s Child Victims Act, which allowed adults to file civil lawsuits for sexual abuse that occurred when they were under 18, closes on Aug. 14. The three women are seeking judgments against Victory Baptist Church with compensatory and punitive damages to be determined at trial, according to the filings. Victory Baptist Church, now operating under the name Victory Church, is now pastored by Alex True, who is not named in the lawsuits. Between 2017 and 2021, both the church’s founding pastor, Joe Burress, and his son Paul Burress, who pastored the church in the mid-2010s and was known for combining spirituality and mixed martial arts, were charged with sexual abuse related to multiple allegations from women and girls. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Cases, Child Victims Act (CVA), Childhood Sexual Abuse --- ### [Boy Scouts of America settles for $850 million with more than 84,000 sexual abuse victims](https://www.jamesmarshlaw.com/women-say-culture-of-secrecy-at-victory-church-enabled-predators-to-abuse-them-as-girls/) **Published:** July 2, 2021 **Author:** James R. Marsh **Content:** The Boy Scouts of America reached an $850 million settlement Thursday with tens of thousands of people who say they were sexually abused when they were Scouts over decades and later sued in a case that rocked the historic institution. The settlement, which came after the organization filed for Chapter 11 bankruptcy last year while facing mounting legal costs over the abuse claims, is one of the largest of its kind in a child sexual abuse case in U.S. history. The lawsuit involved more than 84,000 people who claimed sexual abuse dating as far back as the 1960s. Jason Amala, a lawyer whose firm represents more than 1,000 men who say they were sexually abused by Boy Scouts leaders and volunteers, said he will object to the BSA’s proposal. “We’re very concerned,” Amala told The Post. “It equals less than $10,000 per survivor. They’re not offering that much more than they were in the last proposal, and nobody’s explaining why every survivor should be happy about this.” At issue, he said, is the lack of transparency around how much each of the Boy Scouts’ [nearly 300](http://www.ncacbsa.org/about/) local councils are worth and contributing to the settlement. Without that information, he said, there’s no way of knowing whether survivors are getting a fair settlement. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Bankruptcy, Cases, Childhood Sexual Abuse, Scouting --- ### [Former Boy Scouts speak out on sexual abuse claims, bankruptcy case](https://www.jamesmarshlaw.com/former-boy-scouts-speak-out-on-sexual-abuse-claims-bankruptcy-case/) **Published:** May 20, 2021 **Author:** James R. Marsh **Content:** ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Victims Act (CVA), Childhood Sexual Abuse, News, Scouting, Television, Video --- ### [Child Victims Act Reaches Florida](https://www.jamesmarshlaw.com/child-victims-act-reaches-florida/) **Published:** April 19, 2021 **Author:** James R. Marsh **Content:** Floridians who may have been sexually abused in New York State will want to know about the extension of a law. The Child Victims Act, passed in 2019 in New York State, allows people who were sexually abused to file civil charges against their abuser even if the statute of limitations for that particular crime has run out. [Marsh Law Firm](https://www.jamesmarshlaw.com/) represents these cases, and Jennifer Freeman is Senior Counsel there. “That means any claim at any time, no matter where you live now, if you were abused sexually as a child in New York State, you have a claim. But that claim is about to expire in early August,” said Freeman. The window was expanded for an additional year because of the pandemic, and a lawsuit may be filed against an individual or an institution. “This is a one-time opportunity. This is what is called ‘window legislation,’ which means a window is open for a short period of time, up until early August, and then the window is shut. And you will have no more opportunity to bring a childhood sex abuse claim that’s old,” said Freeman. The deadline to file a claim is early August of this year. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Victims Act (CVA), Childhood Sexual Abuse, News, Radio --- ### [As Child Victims Act lookback window nears closing, some still don’t know it exists](https://www.jamesmarshlaw.com/as-child-victims-act-lookback-window-nears-closing-some-still-dont-know-it-exists/) **Published:** April 23, 2021 **Author:** James R. Marsh **Content:** The Child Victims Act was passed by the state legislature in January 2019. Sexual abuse survivors and advocates spent more than a decade pushing for the legislation. With it came a one-year lookback window, giving all survivors, regardless of age, the opportunity to file a civil lawsuit against their perpetrator. That was extended an additional year because of issues with court closures due to the COVID-19 pandemic. Jason Amala, a partner at Pfau Cochran Vertetis Amala PLLC representing Phillips, says it’s not uncommon for survivors to not know about the CVA. “At the end of the day, it depends: Did someone tune in the news that night when it was covered or read that article the day it was covered in the newspaper? There are a lot of people who just weren’t aware of the first window,” says Amala. While he credits the state legislature for passing the CVA and extending the lookback window, Amala fears there are survivors who won’t come forward in time. “We also have to keep in mind, it’s not as simple as telling someone you have a year to file. You also have to give people time to process and really make the decision and the choice when they’re ready to come forward,” says Amala. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Victims Act (CVA), Childhood Sexual Abuse, News, Scouting, Television --- ### [Man ‘fled’ to Turkey following NYC assault conviction: suit](https://www.jamesmarshlaw.com/man-fled-to-turkey-following-nyc-assault-conviction-suit/) **Published:** March 16, 2021 **Author:** James R. Marsh **Content:** A man known for dating a top Ukrainian model was convicted of brutally beating another woman he met at a Manhattan bar three years ago — but then fled the US for Turkey before he could be sentenced, new court papers allege. Now, the victim is suing in Manhattan Supreme Court in an effort to bring him to justice. Norwegian architect Amanda Kjaervik filed the suit Saturday against Baran Gunes — who hails from Turkey and [made headlines last year](http://www.thesun.co.uk/news/12306767/model-daria-kyryliuk-beaten-security-guards-turkish-nightclub/) when his GQ model girlfriend was also bashed at a nightclub in his homeland. Kjaervik — who is now 29 and living in Copenhagen, Denmark — is suing Gunes and the building’s co-op for unspecified damages. Jennifer Freeman, Kjaervik’s lawyer, told The Post, “He completely escaped responsibility and accountability.” “The criminal justice system did the right thing — he was convicted,” Freeman said. “But he fled the country, so this is the only way that we know how to hold him responsible.” Freeman said her client “was shocked and traumatized and rocked to her core,” by the attack. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Cases, Crime Victims' Rights --- ### [Man alleges Knights of Columbus youth basketball coach abused him as child](https://www.jamesmarshlaw.com/man-alleges-knights-of-columbus-youth-basketball-coach-abused-him-as-child/) **Published:** March 8, 2021 **Author:** James R. Marsh **Content:** A man claims a Knights of Columbus member who worked as a youth basketball coach for the organization sexually abused him as a child in the Bronx. The Knights of Columbus has 1.9 million members across the U.S. It was initially formed to help those in need as a Catholic fraternal benefit society. Jeffrey Davis claims Kenneth McLaughlin abused him as a boy and claims the organization did not stop or prevent the abuse from happening. Ken McLaughlin joined Boyd Council #326 Knights of Columbus in April 1946 and became involved with that organization’s youth program, the Father Duffy Squires Circle #186. He was Chief Counselor and Youth Director and served in that position from 1946 until 2004. McLaughlin also established himself as a basketball coach at the Knights of Columbus for the Fr. Duffy Squires on the Grand Concourse in the Bronx where he systematically sexually abused hundreds of neighborhood boys involved in the KOC youth program. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Cases, Catholic Church, Child Victims Act (CVA), Childhood Sexual Abuse, Video --- ### [NewsNation talks to attorney about New York childhood sex abuse landmark legislation](https://www.jamesmarshlaw.com/newsnation-talks-to-attorney-about-new-york-childhood-sex-abuse-landmark-legislation/) **Published:** February 27, 2021 **Author:** James R. Marsh **Content:** ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Victims Act (CVA), Childhood Sexual Abuse, News, Video --- ### [Court Okays Strip Searching Middle School Students](https://www.jamesmarshlaw.com/court-okays-strip-searching-middle-school-students/) **Published:** March 24, 2014 **Author:** James R. Marsh **Content:** [Embed from Getty Images](http://www.gettyimages.com/detail/157286638) Most people agree that it’s inappropriate for an eighth grader to be drinking alcohol. What happens, however, when middle schoolers get caught? Do you know that your child could be arrested, strip searched, and thrown into jail? Last month, the Sixth Circuit Court of Appeals (Kentucky, Michigan, Ohio, Tennessee) held that this kind of law enforcement activity is acceptable and does not violate the Constitution. I think this is outrageous. Here is why I think the Sixth Circuit got it wrong: On June 2, 2009, police officers in Hazard, Kentucky, received a report of underage drinking at a private residence. *T.S., et al. v. Doe et al.*, [Case No. 12-5724](http://caselaw.findlaw.com/us-6th-circuit/1656564.html), (6th Cir. 2014). Officers responded and discovered a group of minors celebrating their recent eighth grade graduation. The officers decided to breathalyze each of the children and discovered that seven of them, including J.S. and K.S., tested positive for alcohol. Each of the seven were arrested and escorted to the police station. Parents were notified and arrived at approximately 4:00 a.m.. The children remained at the station for the rest of the morning, except for a trip to the hospital where they were required to have their blood drawn. Eventually, a court-designated social worker arrived at the station. The father of both J.S. and K.S. asked the worker to release his children to his custody. After speaking with the judge, the worker refused to release the children who were held overnight for a court appearance the next day. The children were transported thirty miles to a juvenile detention center. Once J.S. and K.S. arrived at the center, they were subjected to routine intake procedures, including fingerprinting, mug shots, and metal-detection screening. What makes this case alarming—aside from the fact that two middle school students were arrested and required to spend a night in jail—is that the children were required to undergo a hygiene inspection and health screening which included a something called a “Body ID/Showering Process.” This required the eighth graders to completely undress for a so-called “visual inspection;” a strip search which lasted for several minutes. After the strip search, J.S. and K.S. were placed in a cellblock with the other five children. Both children were released to their parents the following morning and the underage drinking charges were eventually dropped. On February 5, 2014, the United States Courts of Appeals for the Sixth Circuit upheld this shocking treatment in *T.S. v. John Doe*, [Case No. 12-5724](http://caselaw.findlaw.com/us-6th-circuit/1656564.html) (6 Cir. 2014). The Sixth Circuit’s decision, however, is contrary to Supreme Court precedent. Before the district court below decided this case, the Supreme Court issued its decision in *Florence v. Board of Chosen Freeholders of the County of Burlington*, [132 S.Ct. 1510](http://www.oyez.org/cases/2010-2019/2011/2011_10_945) (2012). The parties in *T.S. v. John Doe* briefed the court on the constitutionality of the searches in light of the decision in *Florence*. After reviewing the briefs, the district court granted partial summary judgment in favor of the plaintiffs. The district court, however, found *Florence* irrelevant and held that *Masters v. Crouch*, 872 F.2d 1248 (6th Cir. 1989) was dispositive. The defendants appealed the district court’s decision. Apparently relying on *Florence* and other precedent, the Sixth Circuit granted the defendants’ summary judgment claim. The Court held that “no clearly established principle of constitutional law—not then and certainly not now—forbids a juvenile detention center from implementing a generally applicable, suspicionless strip-search policy upon intake into the facility.” This is where the Court got it wrong: strip searching two eighth grade students for underage drinking is clearly alarming and not permissible under Supreme Court precedent. In *Safford Unified School Dist. No. 1 v. Redding*, [557 U.S. 364](http://www.oyez.org/cases/2000-2009/2008/2008_08_479) (2009), the Supreme Court recognized the unique intrusiveness of a strip search of a minor. In *Redding*—which is discussed on ChildLaw [here](http://www.childlaw.us/sexting_might_be_in_but_strip/)—the Supreme Court found that a strip search of a 13-year-old girl by the school nurse because of a rumor that she had ibuprofen and naproxen violated the Constitution. In *Redding*, the Supreme Court found that there was no reason to believe that the student was hiding medication under her clothing. The Court stated, “…adolescent vulnerability intensifies the patent intrusiveness of the exposure.” Further, the Court cited the Amicus Curiae brief of the National Association of Social Workers, which explained that a “strip search can ‘result in serious emotional damage.’” Additionally, the Court found that strip searches of minors are “…fairly understood as so degrading that a number of communities have decided that strip searches in schools are never reasonable and have banned them no matter what the facts may be.” While strip searching a minor in a juvenile detention facility is not the same thing as a strip search in a school, it is similarly outrageous and unwarranted under the circumstances in *T.S. v. John Doe*. That the Sixth Circuit upheld such conduct is alarming for both children and parents. Unlike the Sixth Circuit’s holding, it is unlikely that the Supreme Court would uphold as constitutional the suspicionless strip search of minors being held for underage drinking who were never integrated into the general prison population. As the Supreme Court declared in *Florence*, “this case does not require the Court to rule on the type of searches that would be reasonable in instances where, for example, a detainee will be held without assignment to the general jail population and without substantial contact with other detainees.” There were four dissenting justices in *Florence,* and out of the five justices that joined the majority, two filed concurring opinions. Both Justices Roberts and Alito filed concurrences which insisted that the Court’s majority opinion did not foreclose the possibility of an exception to the rule it announced. Justice Roberts stated “\[t\]he Court is nonetheless wise to leave open the possibility of exceptions, to ensure that we ‘not embarrass the future.’” Justice Roberts further declared that the majority holding should be limited to the circumstances of the case. Supporting his conclusion was the fact that “Florence was detained not for a minor traffic offense, pursuant to a warrant for his arrest, and that there was apparently no alternative, if Florence were to be detained, to holding him in the general jail population.” Justice Alito, in his concurring opinion, professed that “the Court does not hold that it is always reasonable to conduct a full strip search of an arrestee whose detention has not been reviewed by a judicial officer and who could be held in available facilities apart from the general population.” He explained that “most of those arrested for minor offenses are not dangerous, and most are released from custody prior to or at the time of their initial appearance before the magistrate.” Further, he opined that “\[f\]or these persons, admission to the general jail population, with the concomitant humiliation of a strip search, may not be reasonable, particularly if an alternative is available.” Justice Alito specifically stated that “the Court does not address whether it is always reasonable, without regard to the offense or the reason for detention, to strip search an arrestee before the arrestee’s detention has been reviewed by a judicial officer.” Based on this, it is unlikely that Supreme Court review of this case would result in a ratification of the Sixth Circuit’s ill-advised decision. Here’s why: - the children in *T.S. v. John Doe* were young - they were arrested for the relatively minor crime of underage drinking in a private home - there were no allegations or suspicion of violence or contraband - the children were held separately from the rest of the juvenile detention center population - the children did not have the opportunity to see a judicial officer prior to the strip search - the children were released to their parents the next day and the charges were dropped For a minor offense, these children were subjected to a humiliating strip search that they will remember for the rest of their lives. As the Supreme Court recognized, strip searching minors can result in serious emotional damage. There was absolutely no reason to require these children to strip naked. It was unnecessary, unreasonable, and violated the Constitution. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Marsh Law Firm Blog --- ### [Phoenix school district sex abuse lawsuit update](https://www.jamesmarshlaw.com/phoenix-school-district-sex-abuse-lawsuit-update/) **Published:** February 27, 2021 **Author:** James R. Marsh **Content:** On Sept. 15, 2020, four women, all former 1970s-era Phoenix middle and high school students, filed a civil sexual abuse lawsuit against the Phoenix Central School District in state Supreme Court. Attorney Mollie Cearley, of the Marsh Law Firm representing the women, explained that “ultimately at the end of the day, it’s the district who was responsible for protecting these students, and it was the district that then for years and years turned a blind eye to the pain of these students.” The school district, according to Cearley, originally had 60 days to submit an answer to the lawsuit. After it was received, the discovery process would begin. Those steps, though, have been put on hold as the entire process has been delayed. “We’ve had to sever the complaint into two different lawsuits,” Cearley explained recently, “one for one of the plaintiffs, because her abuse happened earlier, and the other one for three of the other plaintiffs, because it’s later. We’re working on that right now. We’re waiting for the judge’s approval.” Aside from that, she said, “really nothing’s happened.” The school district has still not submitted an answer to the lawsuit’s original complaint. “It’s going to be litigated by two different attorneys,” Cearley said. “The one with three plaintiffs is going to be litigated by the attorney with the insurance company, and the one that just has one plaintiff on the lawsuit is going to be litigated by the school itself.” Because the lawsuits are being separated, Cearley said, the school district is going to provide separate answers to each lawsuit. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Cases, Child Victims Act (CVA), Childhood Sexual Abuse, Schools --- ### [Jennifer Freeman's Miami Herald Op-Ed](https://www.jamesmarshlaw.com/jennifer-freemans-miami-herald-op-ed/) **Published:** February 19, 2021 **Author:** James R. Marsh **Content:** ## Are you a former New Yorker? Time’s almost up for childhood sex-abuse survivors to seek justice We all know it — [every year](http://www.democratandchronicle.com/story/news/politics/albany/2019/04/29/new-yorkers-fleeing-florida-more-than-any-other-state/3616563002/), thousands of New Yorkers move to Florida for its warm weather and leisurely lifestyle. Some stay — I’m a former New Yorker delighted to be living in the Sunshine State for the past three years. The pandemic has accelerated this trend, with [thousands more choosing ](http://www.forbes.com/sites/kenrapoza/2020/06/11/new-york-realestate-miami-exodus-pandemic-and-protests/#17294af455dc)Florida as a new home. Yet most former New Yorkers have no idea that our legal rights were dramatically expanded recently. In 2019, New York State enacted landmark legislation that makes it possible to seek justice for decades-old child sex-abuse crimes — the Child Victims Act (CVA). For a short time, this new law suspends the statute of limitations for child sex-abuse claims and provides a unique opportunity for survivors of such abuse, which happened in New York, to seek accountability and finality. But the time to take action is almost up. The CVA provides a one-time, two-year window for survivors to sue for abuse regardless of when the abuse occurred. Survivors have until early August 2021 to seek justice against institutions such as the Catholic Church, New York medical institutions, public and private schools, foster-care providers, athletic organizations, religious groups, summer camps and any other entity, as well as individuals who perpetrated or enabled these heinous crimes. This law doesn’t just apply to current New York residents, it extends to anyone who was ever abused in New York, no matter how long ago and regardless of where they live now. If you grew up in New York State and suffered abuse at the hands of a clergy member, youth director, doctor, teacher, coach, family member or anyone else, this law applies to you. Over the past year, following New York’s lead, several states have reformed their statutes of limitation; sadly, Florida is not among them — but we’re working on it. The wrongdoers, insurance companies, and others have used every tool at their disposal to stop these lawsuits from moving ahead. They’ve tried to discredit and intimidate survivors and the public. They’ve fought statutory reform for years. They’ve covered up evidence — and even declared bankruptcy. Thanks to the CVA, these tactics can no longer hide the truth. This is the opportunity to finally hold these powerful organizations and individuals — who were often aware of the abuse ,but looked the other way — liable and to provide restitution and reparations. It’s not easy to bring a lawsuit, especially when it involves unearthing something so private and painful, long pushed into dark corners. Many survivors are reluctant to pursue their claims and have long made peace with leaving the past in the past. I get that. Litigating won’t erase the pain and suffering, allow survivors to confront deceased perpetrators or restore lost time. Yet the CVA opens up a soon-to-disappear path forward to hold abusers or institutions accountable and to shift the responsibility for, and cost of, the abuse from the thin shoulders of a young child onto the backs of abusers and their enablers. Many survivors have felt empowered now that they can do something about the horrors of their childhood. They’ve inspired others to seek justice. Survivors who don’t want to be identified can file claims anonymously, under a pseudonym. Survivors have the chance to stand up, take action and change the way child sex abuse is viewed, understood and addressed. Survivors have the chance to identify hidden predators. Survivors have the chance to make sure that children never face these unspeakable dangers again. Even if the ultimate choice is to do nothing, survivors have a right and a choice to decide whether and how to remedy this injustice. But they must heed the call before it’s too late. *Jennifer Freeman is an attorney advocate for victims of childhood sexual abuse based in North Palm Beach.* ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Catholic Church, Child Victims Act (CVA), Childhood Sexual Abuse, Epstein, Madison Square Boys Club MSBC, News, Opinion --- ### [New York's Catholic church leaders control billions outside the reach of abuse survivors](https://www.jamesmarshlaw.com/new-yorks-catholic-church-leaders-control-billions-outside-the-reach-of-abuse-survivors/) **Published:** February 11, 2021 **Author:** James R. Marsh **Content:** The Catholic bishops of New York sold a lucrative insurance business they controlled and stored the proceeds in a foundation they also administer, keeping billions out of the reach of [survivors of childhood sexual abuse](http://www.timesunion.com/news/article/Hurry-up-and-wait-Lawyers-survivors-see-little-14999323.php). The move occurred in 2018, with the church [selling its Fidelis Care](http://www.timesunion.com/business/article/Cuomo-s-plan-targeting-Centene-Fidelis-deal-12613417.php) insurance company and moving $4.3 billion of the proceeds into the new [Mother Cabrini Health Foundation](http://cabrinihealth.org/). At the same time, the Child Victims Act in New York was gaining momentum in the Legislature, a measure that the church had lobbied against for more than a decade. It was ultimately signed into law a year later; and it has exposed the church to thousands of lawsuits alleging sexual abuse of children and, in some instances, the coverup of those incidents and shielding of predators. And charitable giving is part of the mission of the Catholic church. Meaning that Mother Cabrini’s assets, although separate on paper from diocesan assets, are controlled by the bishops and the funds used to support activities the church would be doing anyway, said Jason Amala, an attorney with Pfau Cochran Vertetis Amala, which handles abuse cases, making the foundation effectually an extension of the church. “How did the church amass its fortune? The whole thing is supposedly a charity. Look at the massive wealth they’ve accumulated,” Amala said, pointing to how Mother Cabrini funds the dioceses directly and Catholic Charities. “So to the extent you can continue to do your ‘charitable works,’ but use those works to amass huge amounts of money, you can’t just use it to paper-over a huge chunk of your overhead.” The move effectively tossed more than $4 billion from the right hand of the church to the left, maintaining control over the funds, but keeping them in a separate corporate entity so the money wouldn’t be counted as assets belonging to the dioceses — and capable of being pried away by abuse claimants. [A 2019 report from a Buffalo ABC television affiliate](http://www.wkbw.com/news/i-team/i-team-is-the-diocese-of-buffalo-hiding-money-ahead-of-bankruptcy) revealed a “secret document” from a local Catholic Charities meeting that planned to move funds that would traditionally have gone directly to the church instead to a separate church-controlled foundation, sheltering it from bankruptcy liability. That maneuver mirrors the much larger creation of the Mother Cabrini Health Foundation. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Bankruptcy, Catholic Church, Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [Is Submitting a False Statement to the FISA Court a "Victimless" Crime?](https://www.jamesmarshlaw.com/is-submitting-a-false-statement-to-the-fisa-court-a-victimless-crime/) **Published:** January 19, 2021 **Author:** James R. Marsh **Content:** The general issue of who qualifies as a “victim” under the CVRA is a foundational question for protecting “victim’s” rights and thus is extremely important to the crime victims’ movement. Along with victims’ rights attorney James Marsh, I have filed an amicus brief in support of Dr. Page’s position that he is a “victim” under the Act. My brief on behalf of the National Crime Victims Law Institute, the National Organization for Victim Assistance, the National Center for Victims of Crime, and other leading crime victims’ rights organizations explains why Dr. Page’s position that he is a “victim” is correct, but suggests a slightly simpler route to the same conclusion. Rather than relying on the ultimate effects of the FISA warrant being granted based on the false information about Dr. Page, the amicus victims’ organizations explain that the submission of a false statement itself is “direct and proximate harm” sufficient to create “victim” status under the CVRA. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Crime Victims' Rights, News, Opinion --- ### ['Predators go where the prey is': Lawsuits describe abuse in foster care](https://www.jamesmarshlaw.com/predators-go-where-the-prey-is-lawsuits-describe-abuse-in-foster-care/) **Published:** December 14, 2020 **Author:** James R. Marsh **Content:** ALBANY — In the early 1980s, David Burgos was sent to Pleasantville Cottage School, a group home for troubled youth in Westchester County. Soon after his arrival, an assistant teacher asked him to stay after class to clean the blackboards. The teacher sexually abused him, Burgos said in an interview. He never actually cleaned the blackboard, but no one ever said anything. “He told me that he had the power of whether I go home to my mother or not,” Burgos said. According to a lawsuit Burgos filed last week, he was 13 when the abuse occurred. Child welfare advocates and experts said the rates of abuse in the foster care system are likely significantly higher than among the general population of children, and existing academic studies seem to back that up. But clear answers are hard to come by: Experts uniformly said that data collection is murky, and what information is collected is often shielded from public view for privacy reasons. The former children of Pleasantville interviewed by the Times Union described an environment where it was not unusual for staff members to single out children for unobserved attention. They said staff and other children were aware of unusually close relationships between the plaintiffs and their alleged abusers, and the lawsuits allege negligence on the part of Pleasantville in failing to curtail the abuse. “It’s a very difficult thing to think someone is sexually abusing a little girl. But someone, somebody should have questioned,” said Heide Fromme Kaye, one of the plaintiffs and represented by Marsh Law. She is now a teacher. Kaye says she was abused by Robinson — who she said is now dead — from 1973 to 1976. Robinson started grooming her when she was 11, she said, telling her “I really like you” and inviting her to spend extra time with him. Eventually, he told her to visit him at his living area. He began to molest her, Kaye said; when she protested, Robinson told her, “Heide, you know there are much worse places you could be.” Over a period of years, he assaulted and raped her many times, Kaye alleges. She was identified by other children and by the staff members as “belonging” to Robinson — “Leon’s special little friend,” she recalled the staff saying. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Victims Act (CVA), Childhood Sexual Abuse, Foster Care, News --- ### [2 new suits allege sex abuse by brother at Farrell in 1970s; ‘I walked into a trap,’ man says](https://www.jamesmarshlaw.com/2-new-suits-allege-sex-abuse-by-brother-at-farrell-in-1970s-i-walked-into-a-trap-man-says/) **Published:** December 7, 2020 **Author:** James R. Marsh **Content:** STATEN ISLAND, N.Y. — A religious brother sexually abused two men more than 40 years ago when they were students at Monsignor Farrell High School in Oakwood, lawsuits allege. Brother Salvatore Anthony Ferro is named in two separate litigations filed recently under the New York State Child Victims Act against the Archdiocese of New York, Monsignor Farrell High School, and various entities of the Congregation of Christian Brothers. Attorney Michael Pfau said his law firm, Pfau Cochran Vertetis Amala PLLC, represents about 75 victims of abuse in the Archdiocese of New York. His clients include McGloin, Michael and several others who alleged abuse by Brother Ferro at Farrell and other settings. “This a serial abuser,” Pfau said. Pfau said that Brother Ferro had a modus operandi where he groomed and then took advantage of his youthful victims. “We have other clients who were abused in the same way,” the attorney said. “He would lure a kid in, talk about things that may be of interest to the kid and then come up with this phony medical excuse as a way to get an already vulnerable kid further compromised.” “What’s interesting is having represented hundreds of Catholic abuse victims, it is pretty bold to be using kids in what Tommy has described as a high-traffic area in the high school,” Pfau said. “This isn’t an example of lonely, disturbed priest or brother who acted on impulse,” Pfau said of Brother Ferro. “This is a guy who had a plan that he knew worked and executed his plan. When there were complaints and nothing was done, it emboldened this abuser to continuing doing what he did, and that’s really at the root of the whole Catholic Church scandal.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Catholic Church, Child Victims Act (CVA), Childhood Sexual Abuse, News, Schools --- ### [50,000 alleged sex-abuse victims expected to sue the Boy Scouts](https://www.jamesmarshlaw.com/50000-alleged-sex-abuse-victims-expected-to-sue-the-boy-scouts/) **Published:** October 10, 2020 **Author:** James R. Marsh **Content:** As many as 50,000 alleged sex-abuse victims are expected to go after the Boy Scouts of America in court ahead of a November legal deadline, as a shocking new study concludes scouting just isn’t safe for kids. Since the Boys Scouts of America’s [February bankruptcy filing](http://nypost.com/2020/02/18/boy-scouts-file-for-bankruptcy-amid-rash-of-sex-abuse-claims-declining-membership/), about 35,000 alleged victims across the nation have filed claims, with “thousands” more emerging each week ahead of the Nov. 16 deadline. The sheer number of Boy Scout victims so far has dwarfed similar cases, noted lawyer Jason Amala of the firm Pfau, Cochran, Vertetis, Amala. “It’s three to four times the claims filed in all the Catholic bankruptcies combined,” Amala said. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Victims Act (CVA), Childhood Sexual Abuse, News, Scouting --- ### [Former Professor Kirk Nesset released from federal prison after 2015 child pornography charges](https://www.jamesmarshlaw.com/former-professor-kirk-nesset-released-from-federal-prison-after-2015-child-pornography-charges/) **Published:** September 25, 2020 **Author:** James R. Marsh **Content:** Former Allegheny College Professor of English Literature Kirk Nesset, 63, was released from federal prison this year. Nesset was transferred to a federal prison in Phoenix, Arizona. Toward the end of his sentence, he was relocated to a federal halfway house, Residential Reentry Management Phoenix, where he awaited his release on Sept. 24. Nesset was arrested and prosecuted on three counts of possessing, receiving and distributing child pornography in 2014, following an FBI and Pennsylvania State Police investigation. As part of his original sentencing, Nesset must remain on the sex offender registry after release and must report to sex offender and mental health therapy. He is permitted to have a computer as well as access to the internet, but his usage of the computer will be monitored. Nesset is not permitted to be near children for prolonged periods of time. Several Allegheny College professors came to Nesset’s trial and a few stood when asked by the judge if anyone would stand in support of Nesset’s character. Former friends and colleagues of Nesset declined to comment to the Campus. Three adults, acting on behalf of eight girls seen in the child pornography found on Nesset’s computer, sued Nesset in Dec. 2016 over the children’s emotional distress and invasion of privacy,[ according to Marsh Law Firm PLLC.](https://www.jamesmarshlaw.com/former-professor-in-prison-over-child-porn-faces-civil-lawsuit-from-alleged-victims/#.X2dxmy2ZORs) The plaintiffs sought a minimum of $150,000 for damages, compensation, court costs and additional relief. They were represented by Katie Shipp of Marsh Law Firm PLLC in New York and Carol Hepburn of Savage Law Firm in Seattle. The law firms specialize in sexual assault and victim compensation.  While Nesset did not take the images or videos himself, he did share the images online. Court records indicate that the distribution of the images is anticipated to have a lasting impact on the victims, especially in their marriage(s) and interactions with children. “Victims of child pornography are constantly aware that their child sex abuse images will never disappear,” Hepburn and Shipp wrote in the complaint. “(They) will be repeatedly victimized by individuals like (Nesset) who endlessly participate in the market for child sex abuse images.” [According to an article written by the Campus in 2018,](http://alleghenycampus.com/16644/news/nesset-reaches-settlement-with-child-pornography-victims/) the Trauma Symptom Checklist for Young Children indicated that “Fiona,” a pseudonym for one of the victims of child pornography, displayed signs of post-traumatic stress, including anxiety, anger and depression. Mental health professionals stated concerns about “Fiona” potentially engaging in substance abuse as a coping mechanism. The terms of the settlement were not disclosed to the public, but the law firm records indicate that the children received compensation in the civil lawsuit. Nesset’s case was closed in 2018, after appearing in court before the U.S. District Judge Susan Paradise Baxter. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Cases, Child Pornography --- ### [Diocese of Rockville Centre Files For Bankruptcy, Citing Hundreds of Sex Abuse Lawsuits](https://www.jamesmarshlaw.com/changing-a-very-young-childs-gender-identity-whats-the-rush/) **Published:** September 30, 2020 **Author:** James R. Marsh **Content:** The Diocese of Rockville Centre filed for bankruptcy Thursday after more than 200 lawsuits were filed alleging Catholic priests on Long Island sexually abused victims over the years. The plaintiffs’ attorneys said the bankruptcy filing can limit survivors’ ability to unearth names of accused priests, expose leaders who engaged in coverups, and, as part of the Chapter 11 process, the bankruptcy court will set a claims bar date, which will be the deadline for sexual abuse survivors to file a claim in bankruptcy court or risk losing their legal rights. But it also opens up another legal avenue for victims. “Survivors have the chance to come forward and take part in the coming bankruptcy proceedings,” said Michael T. Pfau, a sexual abuse attorney at the Seattle-based law firm of Pfau Cochran Vertetis Amala (PCVA), which has represented thousands of abuse survivors. “Now is the time to seek legal counsel and hold the diocese accountable.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Bankruptcy, Catholic Church, Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [Two more former D&C paperboys file lawsuit alleging sexual abuse](https://www.jamesmarshlaw.com/two-more-former-dc-paperboys-file-lawsuit-alleging-sexual-abuse/) **Published:** September 25, 2020 **Author:** James R. Marsh **Content:** Two more former paperboys for the *Democrat and Chronicle* have filed a lawsuit against the paper and its parent company alleging they were sexually abused by their former supervisor. The new complaint, filed Friday in state Supreme Court, brings the total number of complainants to seven. Last year, Rick Bates became the first to file a suit, followed by four more ex-paperboys earlier this year. The suit alleges the *Democrat & Chronicle* either knew, or should have known, that an employee in circulation, Jack Lazeroff, abused young workers in his charge, and did not take proper precautions to protect them. The pair allege they were sexually abused while on paper routes and in other work locations from 1982 to 1985. All seven of the complainants are represented by the Manhattan-based Marsh Law Firm. “The more survivors that come forward, the more people are going to come forward that may have witnessed the abuse, and we’re going to realize how widespread this was,” said Brooke Bergen, an associate attorney at Marsh. “That’s true not just of this case, but of all cases being filed under the CVA. We’re just one of thousands, if not tens of thousands, of cases being brought up across the state.” The CVA originally left a window until Aug. 14 to file a suit, and was later extended by one year. For Bergen, it’s a critical extension which allows time for more victims to come forward. “There is a likelihood of there being others out there, who probably feel very alone, and there is an opportunity for them to have a voice, and know that there is still time,” Bergen said. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [Suit claims Phoenix schools tolerated widespread sexual abuse for decades](https://www.jamesmarshlaw.com/suit-claims-phoenix-schools-tolerated-widespread-sexual-abuse-for-decades/) **Published:** September 25, 2020 **Author:** James R. Marsh **Content:** #### No fewer than 3 women say they were raped by teachers OSWEGO — A lawsuit filed this week under state Child Victims Act statutes alleges a pair of faculty members of the Phoenix Central School District perpetrated widespread abuse against students in the 1960s and 1970s. The 62-page complaint, a civil suit in state Supreme Court filed in Oswego and reviewed by The Palladium-Times, concerns four individuals, all of whom were adolescent girls at the time of the alleged abuse. For this story, The Palladium-Times spoke with two of the plaintiffs — Catherine Duringshoff, who attended Emerson J. Dillon Middle School (EJD) and John C. Birdlebough High School (JCB), and another woman who attended JCB, whose identity is known to the Pall-Times but henceforth referred to only as Plaintiff 1. Both plaintiffs who spoke with The Palladium-Times are represented by attorney James Marsh, who said Phoenix school administrators were either complicit in the abuse or lacked the “institutional control” to stop it. “When you see what’s happening in this district over 20 years, you have to say: why? Why didn’t somebody do something? Or when it was discovered after the fact, why didn’t they action then?” Marsh said the claims against the Phoenix district are, unfortunately, not uncommon and follow a pattern well known to his firm. Rural communities, he said, are rarely equipped to deal with abusers. “Often times, a school district is the most powerful institution in that community — there’s tremendous power to suspend or expel students, to decide who graduates and who gets left behind,” Marsh said. “These are powerful institutions. These victims felt outsmarted, out governed and of the mentality that ‘you’re only asking for trouble’ if you try to ‘fight city hall.’” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Victims Act (CVA), Childhood Sexual Abuse, News, Schools --- ### [Number of WNY priests accused in Child Victims Act suits grows to 173](https://www.jamesmarshlaw.com/number-of-wny-priests-accused-in-child-victims-act-suits-grows-to-173/) **Published:** September 22, 2020 **Author:** James R. Marsh **Content:** Child Victims Act lawsuits filed over the past year have accused 173 Catholic priests in Western New York of sexually abusing children. More than 30 of those priests were accused publicly for the first time only in recent weeks, including one cleric who has continued to run a South Buffalo parish despite being linked to abuse in a July lawsuit. Some of the alleged abuses date to the early 1950s. Most of the priests are deceased. A Hawaii man who is now in his 80s said in court papers that Cohane abused him multiple times, starting in 1951 on a hike into the Niagara Gorge when he was 14. The man, a retired English professor, was a parishioner at Our Lady of Mount Carmel Church in Niagara Falls, where Cohane served as a priest, said attorney James Marsh. Marsh said his client for decades buried what had happened to him and only in recent years, after the birth of his grandchildren, realized he “needed to confront the church.” “He wanted to confront the church in a way to ensure that these things don’t happen and that this kind of abuse was exposed,” said Marsh. Marsh wasn’t surprised that 173 priests have been accused of abuse in lawsuits and he said the total number of abuser priests in the Buffalo Diocese was “probably higher” because abuse that happened in the 1940s and 1950s rarely is disclosed or documented. “A lot of the reason you’re seeing some of these names for the first time, especially in some of the more historic cases, are just a combination of factors,” said Marsh. Many victims from that era are dead; others moved away from the area years ago, he said. And while the church kept extensive records, many of them “could be couched in terms that are not explicit,” thus obscuring the abuse, said Marsh. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Catholic Church, Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [Hospital Employee Charged, Number Of Victims Growing](https://www.jamesmarshlaw.com/hospital-employee-charged-number-of-victims-growing/) **Published:** September 16, 2020 **Author:** James R. Marsh **Content:** The number of victims is growing in the case against West Penn Hospital after employee Guy Caley was charged with using a hidden camera to secretly record employees and patients. Marsh Law Firm partner Katie Shipp gives this exclusive interview to KDKA’s Jennifer Borrasso. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Guy Caley, News, Television, Video --- ### [Ex-West Penn Hospital employee faces 83 more charges of filming co-workers, patients undressing](https://www.jamesmarshlaw.com/ex-west-penn-hospital-employee-faces-83-more-charges-of-filming-co-workers-patients-undressing/) **Published:** September 3, 2020 **Author:** James R. Marsh **Content:** A former West Penn Hospital employee charged in July with filming co-workers in the bathroom without their consent is now facing an additional 83 charges after police recovered more videos of employees and patients. Guy Caley, 52, of Canonsburg, was [originally charged in July ](http://www.post-gazette.com/news/crime-courts/2020/07/17/West-Penn-Hospital-Allegheny-County-District-Attorney-Stephen-A-Zappala-Jr-Highmark-Police/stories/202007170100)with three counts each of invasion of privacy and illegal use of wire or oral communications after police say he used a small video camera to record employees in the restroom. When charges were placed, Mike Manko — spokesman for Allegheny County District Attorney Stephen A. Zappala Jr. — said there was a concern there may be additional victims. Over a month after the initial charges, Mr. Caley faces an additional 41 counts of intercept communications and 42 counts of invasion of privacy — a sum total of 89 charges. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Cases --- ### [New charges filed against former West Penn Hospital worker accused of taping people inside bathroom](https://www.jamesmarshlaw.com/new-charges-filed-against-former-west-penn-hospital-worker-accused-of-taping-people-inside-bathroom/) **Published:** September 3, 2020 **Author:** James R. Marsh **Content:** Eighty three additional charges have been filed against a former West Penn Hospital worker accused of videotaping people inside an employee bathroom. Guy Caley, 52, was arrested in July, when police said he taped a camera to a chair in the bathroom. Police said Caley would later take the camera home and download the videos. Investigators said, after searching Caley’s laptop, they found additional recordings of employees in the bathroom as well as videos of more than 30 female patients in the hospital’s radiology department. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Cases, Television, Video --- ### [Lawsuit: East Greenbush school officials concealed teacher's sex abuse](https://www.jamesmarshlaw.com/lawsuit-east-greenbush-school-officials-concealed-teachers-sex-abuse/) **Published:** August 25, 2020 **Author:** James R. Marsh **Content:** EAST GREENBUSH — A former student filed a lawsuit last week against East Greenbush Central School District, alleging officials conspired to allow a sexual predator to teach social studies at Columbia High School — a position he allegedly used to prey on students. The lawsuit accuses Henry Kolakoski of abusing  Robert Reese at the teacher’s home, at school events and even during classes at school in 1979 and 1980. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Campus Sexual Assault, Cases, Child Victims Act (CVA), Childhood Sexual Abuse --- ### [Why did authorities fail to protect Wayne County girls from pedophile doctor?](https://www.jamesmarshlaw.com/why-did-authorities-fail-to-protect-wayne-county-girls-from-pedophile-doctor/) **Published:** August 19, 2020 **Author:** James R. Marsh **Content:** One after another, the authorities who were supposed to protect kids gave Dr. David Blasczak a pass. A newly filed lawsuit may help explain why. As far back as 1993, and perhaps earlier, worried families had complained that Blasczak, a family practitioner in the small Wayne County village of Clyde, was engaging in questionable conduct with young girls. New York state and local agencies looked into Blasczak’s conduct several times but took no action to keep him away from vulnerable children. He remained a practicing physician and a free man until 2018, when federal investigators caught him with child pornography and tips began to pour in — all of them pointing at the same thing. Dr. David Blasczak had been molesting young girls in his doctor’s office and his home for many years. Blasczak, now 71, admitted to being a lifetime pedophile. He pleaded guilty to possession of pornography and was sentenced to nearly 22 years in prison. He left a nagging question in his wake. How did he get away with it for so long? James Marsh, a Westchester County lawyer who has represented hundreds of child sexual abuse victims, said the repeated failure of police to apprehend Blasczak wasn’t a surprise. “Many of these institutions do an inadequate job of investigating these crimes. Often it’s not the crack investigators who are assigned to it,” he said in an interview last year. “They’re not trained to deal with these cases and they don’t have the imagination to recognize what is happening. And you have agencies and institutions that are overburdened.” The job can be particularly difficult if a figure of respect and authority is involved. Cases such as Blasczak’s, in which numerous agencies investigated accusations against him but failed to act, can illustrate “systematic failure,” said Marsh, who is not involved in the civil suit. Such suits, he said, can be the best way to bring such failure to light. Information about agencies’ actions or inactions can emerge during pretrial release of documents and depositions, or during trial testimony. “Oftentimes, the one democratic vehicle available to all citizens is the courts,” Marsh said. “If you’re just the average Joe out there on the street and you want to make a case to the people … it can be done by access to the courts and the ability to find compensation and social change through the courts. That’s what we’re talking about here, is focusing a lens on a social problem.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Campus Sexual Assault, Child Pornography, Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [Brighton High School grad files suit against district to highlight sexual abuse by teachers](https://www.jamesmarshlaw.com/brighton-high-school-grad-files-suit-against-district-to-highlight-sexual-abuse-by-teachers/) **Published:** August 13, 2020 **Author:** James R. Marsh **Content:** On Tuesday the former student, Tara Yellen, filed a lawsuit against the Brighton Central School District, accusing it of failing to protect her from the alleged predation of its former teacher, Gary Alan Wiener. Yellen, now 47, said she is suing to bring attention to teacher-student sexual abuse. “This was so damaging to me. I know I’m not alone. I know this type of abuse devastated and continues to devastate so many other people. I need people to understand how insidious this type of abuse really is,” Yellen said in an interview. The story of predatory teachers forging abusive relationships with vulnerable students who are legally and emotionally unable to consent is an old one. In recent decades, most people have come to believe that such interactions are both illegal and immoral and should not be tolerated. But Yellen said they still happen. Vincent Nappo, one of Yellen’s lawyers, said the legal team suspects that school administrators were aware that Wiener was in an improper relationship with a student. ““We believe the school knew, or certainly should have known, that Mr. Wiener was sexually abusing Tara because of the inordinate amount of time they spent together alone, both in and out of school, for over two years, which is a major red flag of teacher-student abuse,” he said in written comments. “We do not yet know if Mr. Wiener abused other students at Brighton High School, but we know, having litigated abuse cases against schools for over 20 years, abusers often prey on multiple victims, particularly when they are left in positions of power working closely with youth over multiple decades, as was the case here,” Nappo added. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Campus Sexual Assault, Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [3,797 and counting: Child Victims Act suits in NY add up, with more expected](https://www.jamesmarshlaw.com/3797-and-counting-child-victims-act-suits-in-ny-add-up-with-more-expected/) **Published:** August 11, 2020 **Author:** James R. Marsh **Content:** The civil action lawsuit is one of thousands filed under the Child Victims Act against individuals, schools, churches and youth organizations. Last August, the law allowed survivors of child sexual abuse one year to file claims against those responsible for abuse regardless of how long ago the incident took place. Nearly a year later, there were 3,797 suits as of late last week filed according to the New York Office of Court Administration, with 109 filed in Westchester, six in Dutchess and four in Rockland. New York County had the highest number of claims with 851. Some of these suits have multiple plaintiffs,[ such as a suit that was recently filed against Rockefeller University over sexual abuse perpetrated by Dr. Reginald Archibald. ](http://www.poughkeepsiejournal.com/story/news/local/2020/08/05/lawsuit-80-more-abuse-accusers-filed-against-rockefeller-hospital/5575670002/)The lawsuit had 80 accusers listed. Last Monday, Gov. Andrew Cuomo extended the CVA window for another year giving accusers until August 2021 to file a suit. “We had been getting calls from New York residents for decades and we’d tell them we can’t help you,” said Michael Pfau, a Seattle-based attorney. “When CVA passed, the numbers were just startling, and we’re just one firm.” “In Robert’s case, it’s a story we’ve heard over and over and over again,” said Jason Amala as to why they took him on as a client. Stillman’s attorney is with the law firm Pfau Cochran Vertetis Amala**.** Amala’s law firm and Marsh Law have taken on close to 1,000 clients who have filed or are considering filing CVA suits. However, law firms such as theirs have had to turn hundreds of clients way because of the limited time and also if the case wasn’t “a fit” for their law firm. By enacting the CVA and opening up the statute of limitations for a year, that allows people to file their lawsuits, but the lawsuit still has to be viable,” Pfau said, adding that cases that are decades years old are sometimes challenging to prove. His firm may not take on clients that have molested others or have a history of violent crimes. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Archibald Scandal, Catholic Church, Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [Child Victims Act gets one-year extension, giving child sex abuse survivors more time to sue](https://www.jamesmarshlaw.com/child-victims-act-gets-one-year-extension-giving-child-sex-abuse-survivors-more-time-to-sue/) **Published:** August 4, 2020 **Author:** James R. Marsh **Content:** The civil courts were closed for months during the height of the COVID-19 pandemic in New York, so the State Legislature has decided to grant the survivors of child sexual abuse more time to file lawsuits under the Child Victims Act by extending it for another year. After the Legislature passed the extension with a veto-proof vote, Gov. Andrew Cuomo signed the bill into law on Monday. “Today, Governor Cuomo and legislative leaders reaffirmed their commitment to justice for decades of heinous abuse committed by the most trusted members of society,” said James Marsh, a New York attorney who represents more than 700 victims statewide. “The Child Victims Act was a turning point for so many who have called for accountability, and today, we have a message for the predators and their enablers: Time is up.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [EXCLUSIVE: Dr. Archibald, Rockefeller University sued by dozens more in latest Child Victims Act case](https://www.jamesmarshlaw.com/cuomo-signs-law-to-extend-cva-deadline-a-full-year-doesnt-apply-to-dioceses-in-bankruptcy/) **Published:** August 5, 2020 **Author:** James R. Marsh **Content:** Child abuse survivor Ron Samuel, one of 80 accusers of reputed serial sexual predator Dr. Reginald Archibald in the latest Child Victims Act lawsuit against Rockefeller University, wanted his name in the court papers. “It’s important to come forward and discuss what happened, and protect other people,” he told the Daily News. “I have no problem exposing my name. I don’t want to be shut down in any manner. I wanted to come forward with the full story.” The latest sordid tales of Archibald’s decades of sick sexual behavior with children were contained in a 336-page Manhattan Supreme Court filing that laid out in brutal detail the doctor’s mistreatment of his underage patients while working at the university from the 1940s into the 1980s. Attorney Jennifer Freeman, of the Marsh Law Firm, noted most of the plaintiffs joined Samuel in going public with the lawsuit filed Wednesday. “Our plaintiffs felt it was so important to bring this forward and to use their own names, to put the responsibility for these cases where it belonged with their names on it,” she said. “They were not afraid to speak up.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Archibald Scandal, Child Pornography, Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [Another 80 accusers sue Rockefeller Hospital for sexual abuse by Dr. Reginald Archibald](https://www.jamesmarshlaw.com/another-80-accusers-sue-rockefeller-hospital-for-sexual-abuse-by-dr-reginald-archibald/) **Published:** August 5, 2020 **Author:** James R. Marsh **Content:** Eighty more names were added to the list of men and women accusing a New York City hospital of knowing, and not preventing, a prominent pediatric specialist from sexually abusing and taking naked photographs of child patients. Over the past year, more than 100 individuals have come forward regarding abuse they said they endured decades ago under the care of Dr. Reginald Archibald, a pediatric endocrinologist at Rockefeller University Hospital. ![Dr. Reginald Archibald](http://www.gannett-cdn.com/presto/2019/03/07/PWES/91e18871-6bd0-43d6-8789-56a62627ad08-Dr._Reginald_Archibald.jpg?width=300&height=456&fit=crop&format=pjpg&auto=webp)Dr. Reginald Archibald The Marsh law firm is filing a group claim today on behalf of 80 individuals in New York State Supreme Court of New York County under the Child Victims Act. The individuals range in age from 40 years old to late 70s, and are mostly male. Some of the plaintiffs named in the claim are Rockland and Dutchess county residents. “It’s really the same story over and over again. This doctor put child patients in his exam room, locked the door and sexually abused them,” said Jennifer Freeman, a senior attorney with New York-based Marsh. Freeman said some of the cases their firm is working on have been resolved. She would not say how many have reached settlements, but said they have had “productive conversations with Rockefeller.” One of the biggest differences between Marsh’s recent lawsuit and the one it filed in August 2019 when the Child Victims Act window first opened up was that now most of the plaintiffs are willing to use their names and forgo anonymity. “There’s been so much shame and humiliation and fear and upset in the past… But that seems to have shifted. For this group of plaintiffs, they are good with having their names there and knowing it was them,” Freeman said. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Archibald Scandal, Child Pornography, Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [Lawsuit accuses ex-Rockefeller University Hospital doctor of sexually abusing 80 children](https://www.jamesmarshlaw.com/lawsuit-accuses-ex-rockefeller-university-hospital-doctor-of-sexually-abusing-80-children/) **Published:** August 5, 2020 **Author:** James R. Marsh **Content:** A lawsuit filed Wednesday accuses a former doctor at Rockefeller University Hospital in Manhattan of sexually abusing 80 children — mostly boys — over a four-decade span under the guise of treating them for growth disorders. The lawsuit follows one filed last year by another 40 alleged victims against the late Dr. Reginald Archibald, whom a lawyer for the plaintiffs called the most prolific pedophile in New York State, if not U.S., history. “It was at least hundreds, and perhaps thousands” of victims, said Jennifer Freeman, an attorney in the White Plains office of Marsh Law Firm, which is representing many of Archibald’s former patients, including some from Long Island. “I’m not aware of one person that’s done that.” The plaintiffs are not asking for a specific amount of money, but want their day in court to tell a story they say has been buried for decades, Freeman said. “There is never enough money that can compensate you for child sex abuse,” Freeman said. “It’s really about holding them accountable and protecting future kids.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Archibald Scandal, Child Pornography, Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [Girl Scouts sex-abuse claim included in NY civil case flurry](https://www.jamesmarshlaw.com/girl-scouts-sex-abuse-claim-included-in-ny-civil-case-flurry/) **Published:** August 5, 2020 **Author:** James R. Marsh **Content:** As a Girl Scout growing up in upstate New York, Alice Weiss-Russell says she lived with a dark secret: The husband of her troop leader was sexually abusing her in the bathroom of a church basement where scout meetings were held in the 1980s. Weiss-Russell has detailed her alleged ordeal in a new lawsuit filed against Girl Scouts of the USA, part of a flurry of child sex-abuse cases in New York using a “look back window” for making civil claims against abusers. “For me, it gives me a chance to be heard because I didn’t have that chance when I was young and hold the Girl Scouts accountable for what happened to me,” Weiss-Russell told The Associated Press in a phone interview on Tuesday. The AP does not typically identify people who say they are victims of sex crimes unless they grant permission. The lawsuit against The Rockefeller University centers on allegations against a researcher at its hospital, Dr. Reginald Archibald, that began surfacing a decade after his 2007 death. The abuse consisted of Archibald “photographing his child patients in sexually suggestive and lewd positions … and masturbating his male and female child patients,” says the suit filed by attorneys with the Marsh Law Firm. It alleges he once took a patient to his cabin in Canada, where he “where he drugged and penetrated the child.” A message was left Thursday with The Rockefeller University and its hospital. Weiss-Russell’s suit, also filed by The Marsh Law Firm along with Pfau Cochran Vertetis Amala, stands out because it appears to be one of the first of its kind against the Girl Scouts, said her lawyer, Jennifer Freeman ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Victims Act (CVA), Childhood Sexual Abuse, News, Scouting --- ### [A Week in Washington - Supreme Court Observations](https://www.jamesmarshlaw.com/a-week-in-washington-supreme-court-observations/) **Published:** January 30, 2014 **Author:** James R. Marsh **Content:** ### Ominous Beginnings [![Basilica of the National Shrine of the Immaculate Conception](https://www.jamesmarshlaw.com/wp-content/uploads/2018/06/Bascillica-300x300.jpg "Bascillica « Marsh Law Firm")](https://www.jamesmarshlaw.com/wp-content/uploads/2018/06/Bascillica.jpg)National Shrine of the Immaculate Conception Basilica The words in the chapel read “Mary console the children of a land sprinkled with blood and tears.” My trip to the Basilica of the National Shrine of the Immaculate Conception at Catholic University in Washington, DC was one final stop in a half decade quest to obtain justice for victims of child pornography before the United States Supreme Court. The evening light was just falling over the Capitol and the image of suffering children in a land littered with blood and tears seemed an apt description of the victims we were hoping to vindicate–or at least honestly represent–in a case which has achieved worldwide recognition. Our case is complicated and filled with abstruse legalese, arcane concepts, and uncertain terminology. Most lawyers don’t understand it. I’m sure the public is beyond confused. One mention of the words “proximate cause” and most people’s eyes glaze over. Once we add things like “joint and several,” “contribution,” and “indivisible losses” . . . it’s really more of a legal seminar than a 20 minute argument. It doesn’t make for easy articulation or a media soundbite. [![Sunny Day Arrival at the Sofitel](https://www.jamesmarshlaw.com/wp-content/uploads/2018/06/sofitel-300x225.jpg "sofitel « Marsh Law Firm")](https://www.jamesmarshlaw.com/wp-content/uploads/2018/06/sofitel.jpg)Sunny Day Arrival at the Sofitel By Monday, which was also Martin Luther King day, the challenges were clear. Unfortunately, the weather was not. We arrived in Washington late Monday afternoon and checked into a cozy French hotel in beautiful 55 degree sunshine. Almost the moment I entered my room, the announcement came that the entire federal government and the courts would close on Tuesday due to an impending snowstorm. Having lived in the Washington area for ten years, I knew what “weather” could do to people unused to snow, ice and even rain. We had 80 people arriving on Tuesday with a carefully planned schedule of a cocktail reception, dinner, lunch, and an historic oral argument where a victim would be represented at the Supreme Court for the first time in history. Uncertainty became not just a legal obstacle, but a practical one as well. After dozens of calls and emails, texts, chats, Facebook messages, and Tweets, we reassured everyone that yes, the case would proceed, no the Court would not close, and that all of our carefully laid plans would come to fruition. At least that’s what we hoped. We all joined together with our client for the first time at an incredible Indian feast around the corner from the hotel and waited for the snow to begin. By late Monday night, there was no precipitation in sight and except for the frigid cold, it seemed like the blizzard might not materialize after all. After a 45 minute radio interview which ended near midnight, I was ready for bed in a corner room where I left the blinds open so I could see the arriving storm. ### The Arriving Storm [![Outside my Window at the Sofitel](https://www.jamesmarshlaw.com/wp-content/uploads/2018/06/Snowy-Day-225x300.jpg "Snowy-Day « Marsh Law Firm")](https://www.jamesmarshlaw.com/wp-content/uploads/2018/06/Snowy-Day.jpg)Outside my Window at the Sofitel Tuesday morning I awoke to the sound of salt trucks and sidewalk sweepers spreading salt and a iridescent blue brine outside the hotel. After breakfast in my room (the French really do make fabulous croissants—definitely order the Continental breakfast!), Paul and I began a non-stop day. Our first destination was the Supreme Court to attend two oral arguments just to get a feel for the Court and the building. We checked in and figured out the entire somewhat complicated logistics of entering the building and making our way to the lawyer’s lounge. There was a high profile labor case that morning and the galleries and courtroom was packed with lawyers and lobbyists. After chatting with the guards and Court employees, I soon learned that the Court “never” closes for “any reason” ESPECIALLY when an oral argument is happening. “We will stay the night on cots and blankets if that’s what’s necessary” one resigned security guard implored. “Back during the winter of 1996, when the city was closed repeatedly, the Chief Justice made us stay here and we heard every case, I can’t remember a time when we rescheduled oral argument.” This was a huge relief for Paul and me and the team we’d assembled, not to mention our client, guests, friends, colleagues and supporters from around the world. We wanted the argument to happen. We were completely ready and to delay or reschedule would have been a disaster and disappointment. [![United States Supreme Court](https://www.jamesmarshlaw.com/wp-content/uploads/2018/06/USSC-Overview-300x198.jpg "USSC-Overview « Marsh Law Firm")](https://www.jamesmarshlaw.com/wp-content/uploads/2018/06/USSC-Overview.jpg)United States Supreme Court After observing two oral arguments, we felt confident that we were ready for anything the Court could muster. We headed back to the hotel for lunch and a moot “practice” court in the afternoon. By then the snow had begun to fall. It wasn’t a blizzard yet, just some soft flakes and a few windy gusts. The calls and emails, texts, chats, Facebook messages, and Tweets continued non-stop: Yes, the Court would sit tomorrow no matter what, and Yes our cocktail reception would go forward as planned with dinner for those who could make it. For those coming from the north–New York, New Jersey and Pennslyvania–the situation was getting worse. The bus from New York was running 4 to 5 hours late as the New Jersey Turnpike shut down. Flights out of La Guardia ended at 10 AM, and unfortunately my wife and daughter’s flight was at 11. The blizzard increasing in ferocity and tenor, they struggled to make their way home and gave up when they couldn’t even get a taxi to the Amtrak station 4 miles away. People driving in from Pennsylvania faced huge delays. Our friends and colleagues from Boston simply gave up on the entire endeavor. By the time our moot court started at 2 PM, the snow was piling up on the sidewalks and streets. The trip to the law firm which was hosting us was a short four block walk, but we struggled through slushy snow and slippery avenues. There were few cars on the roads and even fewer pedestrians. Several participants joined by conference call because a trip in from the suburbs was too treacherous. ### A Play about Childhood [![James R. Marsh introduces Samuel Kahler](https://www.jamesmarshlaw.com/wp-content/uploads/2018/06/Cocktail-Party-300x225.jpg "Cocktail-Party « Marsh Law Firm")](https://www.jamesmarshlaw.com/wp-content/uploads/2018/06/Cocktail-Party.jpg)James R Marsh introduces Samuel Kahler Our final preparations complete, we skated back to the hotel to prepare for the evening’s recognition of our five year quest to the Supreme Court. The event was optional for Paul who earned solitary quietude to reflect on the coming day. I just hoped we’d have enough people to consume the food and drink which was already paid for. I was pleasantly surprised when we filled the elegant lounge with stalwart supporters, weary travelers and frozen admirers. Thankfully many of our guests, the client, and her friends were staying at the hotel which made for a simple short warm trip to the first floor. The highlight of the evening was the world premiere reading of *Molly and Arthur*, a play about childhood by [Samuel Kahler](http://www.kahlerprojects.com/). Although the selection was short, the actors performed earnestly and everyone was left wondering what mysterious item was in Arthur’s pocket and what would become of the star-crossed lovers who were the unseen subjects of the circumscribed sketch. After the reception everyone moved to dinner in the ballroom while I headed to the residence of the Dutch Ambassador for a candlelit soiree in honor of the Dutch National Rapporteur on Trafficking in Human Beings and Sexual Violence against Children, Mrs. C.E. Dettmeijer-Vermeulen, who wrote an influential [amicus brief](http://www.childlaw.us/dutch-national-rapporteur-contributes-to-supreme-court-case/) and who was attending the oral argument. ### Dutch Treat [![Residence of the Ambassador of the Netherlands](https://www.jamesmarshlaw.com/wp-content/uploads/2018/06/Dutch-Residence-225x300.jpg "Dutch-Residence « Marsh Law Firm")](https://www.jamesmarshlaw.com/wp-content/uploads/2018/06/Dutch-Residence.jpg)Residence of the Dutch Ambassador I committed a serious breach of etiquette by arriving 45 minutes late for dinner after bidding farewell to my guests and locating a taxi to negotiate the now seriously snow-covered wintry streets of Northwest, DC. As I arrived at the residence, only the Norwegian and Dutch walkways and entrances were shoveled. Ringing the bell, I was greeted by a hushed waiter who ushered me to the ballroom on the second floor. The darkened room was lit by candles as soft snow fell outside the ceiling-high windows. The Dutch ambassador was seated in the middle of the table with the Dutch National Rapporteur opposite. I was seated next to her along with Judge Paul J. De Muniz. Next to the ambassador was Professor Warren H. Binford and an official of the Dutch Justice Ministry. Judge De Muniz and Professor Binford authored the Dutch National Rapporteur’s brief along with several students who were also in attendance. The head of the Department of Justice’s Child Exploitation and Obscenity Section was also there representing the United States. I wish I had saved the menu card (several rounds of wine made me forget). The three course meal was excellent. There was a kale salad and a main course of rice balls, some kind of sausage and root vegetable. Dessert was a rocky road assemblage of crackers and mousse. I apologized profusely for my lateness and was graciously greeted with “you had a good excuse” before launching into questions and commentary about the case, the Supreme Court, and the expected outcome. It was an amazing evening followed by another challenging trip back to the hotel. ### Treacherous Trek [![Outside the Supreme Court](https://www.jamesmarshlaw.com/wp-content/uploads/2018/06/Heading-In-225x300.jpg "Heading-In « Marsh Law Firm")](https://www.jamesmarshlaw.com/wp-content/uploads/2018/06/Heading-In.jpg)Outside the Supreme Court Wednesday dawned bitterly cold and windy with semi-plowed streets negotiated by almost normal traffic. We arranged bus transportation from the hotel to the Supreme Court with the expectation that there might be few if any taxis that morning. After a 20 minute bus ride which ended two blocks from the Court, Paul and I and a small number of followers, braved icy sidewalks and sharp winds for a 9 AM arrival. The tragic members of our entourage who did not have tickets arrived at the Court at 8 AM to stand in the public line in sub-zero temperatures for a coveted seat in the courtroom. Thankfully all of our guests received seats (although a few latecomers were relegated to the three minute seats where they rotated continuously throughout the hour-long oral argument). After entering the Courthouse, Paul and I, along with Professor Michael Teter and former Acting Solicitor General Neal Katyal, were ushered into the lawyer’s lounge for a briefing by the clerk. Neal was a great addition to our team; all the staff and employees knew and liked him and we were treated like regulars in the lofty elevation of the Supreme Court bar. The clerks were welcoming and businesslike. We reviewed basic Court etiquette and procedure. We were given our seating assignments and credentials. At 9:40 we were ready to enter the Courtroom. Surprisingly almost the entire Courtroom was filled with almost everyone in dark suits and overcoats. It was difficult to distinguish our friends from our foes but I managed to pick out a few friendly faces in the crowd. [![The Bench and Bar at the Supreme Court](https://www.jamesmarshlaw.com/wp-content/uploads/2018/06/Supreme-Court-Bench-and-Bar.jpg "Supreme-Court-Bench-and-Bar « Marsh Law Firm")](https://www.jamesmarshlaw.com/wp-content/uploads/2018/06/Supreme-Court-Bench-and-Bar.jpg)The Bench and Bar at the Supreme Court As the respondent, we were given the seats to the right of the lectern. The petitioner was seated on the left and somewhat surprisingly the government sat immediately behind us. I say surprisingly because the government usually occupies our seats and “third parties” sit behind. There were apparently no objections to this arrangement and we all dutifully took our seats and arranged our materials. I sat immediately to Paul’s right with Professor Teter next to me and Neal Katyal (the former Solicitor General) in a rickety seat on the very end of our table. An old hand at the Supreme Court, Neal insisted that his seat was fine and that he could see and hear everything. After we arrived at the table, Paul noticed a sharply dressed older woman seated in the front row of the marshall’s reserved section. He immediately recognized retired Justice Sandra Day O’Conner who knew him from his time as Justice Burger’s Supreme Court clerk. She apparently found our case interesting and compelling enough to attend the argument which made us realize even further what a unique and unusual case it was. Representing the United States was the number one career employee at the Solicitor General’s office Deputy Solicitor General Michael Dreeben. Dreeben is an outstanding advocate and only argues three or four of the most important cases each year. He has over 90 oral arguments before the Court and is well-respected by the bench and bar. Also in attendance was the Solicitor General Donald B. Verrilli, Jr., which lent additional weight to an already weighty assemblage. ### Order in the Court [![Open for Oral Argument at the Supreme Court](https://www.jamesmarshlaw.com/wp-content/uploads/2018/06/USSC-Approach-300x237.jpg "USSC-Approach « Marsh Law Firm")](https://www.jamesmarshlaw.com/wp-content/uploads/2018/06/USSC-Approach.jpg)Open for Oral Argument at the Supreme Court Finally, promptly at 10 AM, the Court was called into session and the justices appeared from behind their velvet curtain. Until you actually visit the Supreme Court, you don’t realize the smallness of the courtroom and the closeness of the bench to the bar; the lawyers arguing the case are literally several feet from the justices with nothing between them except a wooden table and a little air. There is literally no place to hide and nowhere to run. Once you’re seated at the table and the justices are in place, you dare not sneeze, look askance or wince; every hair must be in place. The argument is always begun by the petitioner, in this case the defendant Paroline’s attorney. Each side in our case received 20 minutes and the petitioner is allowed to reserve some of his time for rebuttal. Paroline’s attorney started by arguing mostly the facts. It was a decent if somewhat disjointed argument stressing their position that there was no proof that Paroline caused any injury. Even if there was harm—and the court and every court has found that Amy was “harmed”—the victim Amy could not show with any particularity that Paroline caused any injury. And even if Amy could show injury, she could not show how much injury, and that any restitution should be based on a specific showing of how much, in dollars, Paroline’s injury caused. Paroline’s argument was met with mostly silence from the Court. Sometimes this is good because it means you are winning. Sometimes it’s bad because the Court just wants to move on. In this case it was bad. I remember a few questions from the justices mostly on specifics, a few on legal questions. There were several confused answers by Paroline, but no real bombshells. I kept waiting for the justices to hone in on a certain issue but when nothing materialized I was left with very little sense of how any of the justices were seeing the case. One of my goals during the oral argument was to determine how the Court was viewing the case; what were the strengths, weaknesses, and which justices were for us, against us, or somewhere in the middle. I really did not get any sense from Paroline’s argument exactly where the Court was on our case. Then suddenly and quite abruptly, Paroline’s lawyer reserved the remainder of his time and sat down. I was surprised by this. It only seemed that about half his 20 minutes had passed. The five minute light on the lectern was not lit. It really felt like he had just started his oral argument and then poof it was over. ### Fudge Factor The next side to argue was the government led by the very capable Michael Dreeben who, dressed in the Solicitor General’s standard issue gray wool morning coat, looked somewhat like the undertaker in the musical Oliver. Dreeben was calm, succinct, and direct in his argument. The Court immediately had questions. The interchange was robust and spirited with no clear sense of where the Court was headed. There were questions about cause-in-fact and injury. Scalia mumbled about due process concerns. Kagan was focused on indivisible injury. Surprisingly there were very few questions about proximate cause which initially and throughout the district courts and courts of appeal was the biggest legal stumbling block. Of greatest concern was that there was no justice who was clearly on our side. There is often a justice who will pull punches with the other justices and fight for one position or the other. I sensed a lot of consternation on the Court. They were all grasping at concepts and legal theories with a clear understanding of the harm to victims, but with little sense of how to properly and fairly compensate them. [![Fudge Factor](https://www.jamesmarshlaw.com/wp-content/uploads/2018/06/Vegan_Chocolate_Fudge-300x225.jpg "Vegan_Chocolate_Fudge « Marsh Law Firm")](https://www.jamesmarshlaw.com/wp-content/uploads/2018/06/Vegan_Chocolate_Fudge.jpg)Fudge Factor [Veganbakingnet](http://commons.wikimedia.org/wiki/File:Vegan_Chocolate_Fudge.jpg "via Wikimedia Commons") [CC BY SA](http://creativecommons.org/licenses/by-sa/2.0) One thing which was immediately evident was that the Court was clearly thoroughly familiar with all the issues in the case; the facts, the legal arguments, alternative theories, problems, possibilities and amicus briefs. Chief Judge Roberts honed in on serious problems with the government’s arguments expressing skepticism about what happens in the first case under their so-called “multi-factor test” or when it’s difficult if not impossible to predict how many defendants will be convicted or ordered to pay restitution in the future. The government was left adrift on this point when Dreeben made his one rare mistake by invoking a “fudge factor” as an integral part of the government’s proposed “multi-factor test.” “Fudge factor?” either Scalia or Chief Justice Roberts scolded. How can the Court fashion a principled decision which incorporates a fudge factor? Soon thereafter Dreeben sat down and I heard a whisper behind me cautioning, “fudge factor? you shouldn’t have said that.” “Fudge factor” is probably the best way of describing the government’s entire problematic position and might just be their undoing in this case. ### A Victim’s Advocate Eating Fudge Finally it was Paul’s turn to argue. He was right on it pinch hitting his carefully prepared opening by blasting the government’s fudge factor formula. Not surprisingly you not only need to defeat your opponents, you need to win the Court. We had the difficult argument. The Court was clearly concerned about the fairness issue; how and why should one defendant with two images of Amy be saddled with her entire losses? Time and again Paul kept coming back to the indivisible nature of the harm as justice after justice spun this issue. Time and again Paul was met with blank stares by the justices, skepticism, and consternation. A few times he was met with tacit acknowledgement although there were no solid endorsements of our key theory either. It was Chief Justice Roberts who finally began questioning the proximate cause aspect of our case. It really seemed like he was not thoroughly conversant with our arguments and the statutory construction. Other justices wanted to move on from this issue. Justice Sotomayor told Paul to “forget about proximate cause, let’s say you won on that issue . . .” It was the first sign that one of the justices was on our side and was urging us to help her convince the other justices of the merits of our case. [![Paul G. Cassell Arguing at the Supreme Court in Paroline v. Amy Unknown (January 22, 2014)](https://www.jamesmarshlaw.com/wp-content/uploads/2018/06/Paul_Oral_Argument.jpg "Paul_Oral_Argument « Marsh Law Firm")](https://www.jamesmarshlaw.com/wp-content/uploads/2018/06/Paul_Oral_Argument.jpg)Paul G Cassell Arguing at the Supreme Court in Paroline v Amy Unknown January 22 2014 Meanwhile Justice Kagan was the most skeptical and pointed of all, Justice Scalia didn’t seem to buy our well-crafted statutory plain language arguments (several citing his book), and Justice Breyer wanted to turn the whole messy affair over to the United States Sentencing Commission which he helped create and where—presumably unbeknownst to him—Paul and I sit on the Victim Advisory Group. My distinct sense of the Court is that they were seriously grappling with numerous difficult troubling legal concepts and issues and I’m sure more than a few of them wondered which four justices agreed to take the case. There was no center, no real supporters of any position, lots of skepticism on all sides, and all the justices expressed concern for the victims with lots of consternation on how to arrive at a fair outcome. Paul did an amazing job advancing our cause, defining our arguments, and engaging the justices at the highest level. He wasn’t afraid to correct misstatements or assert a point which was rhetorically twisted in legal cat and mouse gamesmanship. It was a good day for victims; the first day a victim was fully and independently represented before the United States Supreme Court. It was a masterful presentation with 50 questions in 20 minutes. Paul answered them all and then some. (Paul also sent me his outline right before he boarded the plane to fly to Washington. Just in case…thankfully I didn’t need it!) After the victim presented her case, Paroline still had his rebuttal time which I estimated to be between 6 to 10 minutes. When his lawyer stood up to once again address the Court, the Chief Justice (who is the keeper of the time), granted him “5 minutes” to make his final plea. I was a little surprised by this, but Paroline’s lawyer didn’t wince. He launched into another rambling explanation of how the “full amount” required by the statute wasn’t really the “full amount” but some lesser amount somehow connected to the defendant’s “contribution” to the losses. Once again the justices were largely silent. A few polite but pointed questions later and the case was finished. The Court deemed the case submitted and everyone jumped to their feet to clear the courtroom and the lawyer’s tables. There was a hurried exit from the courtroom as the next set of lawyers prepared for center stage. ### Endnote After the next argument was completed, the justices arose from their seats and disappeared behind the floor to ceiling velvet curtain to caucus in their private anteroom where they voted on our case. The senior justice in the majority decided who will write the decision. The senior justice in the minority decided who will write the dissent. Given the obvious lack of consensus on the bench, I cannot imagine voting, just one hour later, on how our case will turn out. Oral argument is the end of the Court’s consideration of a case, not the beginning. And once the justices vote, they rarely change sides. Each decision is drafted and then distributed to all the justices for input, with special consideration by the dissent which distributes its own decision, which is then digested and responded to, until all the sides—the majority decision, concurrences, dissents—are carefully parsed and responded to, incorporated and dissembled, by each justice, until final versions of the decisions are ready for public release. The timing of the announcements of decisions is governed not by the importance of the case, but by the drafting and re-drafting process which, in a complicated case like ours, can take many months. In other words, we don’t expect a decision until late April at the earliest with a likely release in June, sometime before the Court’s session ends on June 30th. ### Aftermath We left the courtroom and headed to the lawyer’s lounge for our coats and cell phones. It remained a bitterly cold day with temperatures in the teens and a windchill at or below zero. It was a dry frosty cold which stung my fingertips and pierced my Austrian loden wool jacket. For some odd reason perhaps due to his Western heritage or mountain longings, Paul removed his coat and scarf and presided like a lighthearted lawyer on a spring day. Then his entire family removed their coats and scarves and posed in what appear to be the gentlest images in the mildest weather. In reality it was like a freezer. Crazy. A brilliant sun pierced the icy air as we posed for pictures on the marble courthouse steps. Nearby pro-life demonstrators were chanting in condemnation of the *Roe v. Wade* decision which was issued on this day in 1973. Several reporters shivered in the distance and beckoned us to come over for a statement and interviews. Given the weather we felt guilty not obliging. [![Speaking to the Press](https://www.jamesmarshlaw.com/wp-content/uploads/2018/06/PressConference-225x300.jpg "PressConference « Marsh Law Firm")](https://www.jamesmarshlaw.com/wp-content/uploads/2018/06/PressConference.jpg)Speaking to the Press We answered the reporters through clenched teeth, our frozen lips barely mouthing the words. Eloquence escaped me as my nose and cheeks began to harden and icy tears appeared in my eyes. I struggled to retrieve my carefully honed soundbites while the wind swept my words away like snowflakes. The reporters were buried under scarves and facemasks, their teeth chattering and their pens scratching on their starchy frozen notepads. Why was it so cold??!! This is (almost) the South for god sake. The news conference had to end because no one wanted to stay outside another minute. Finally it was off to a nearby luncheon which was attended by 60 people and hosted in Paul’s honor. When Paul entered the room—appearing neither frozen or flushed—he was greeted with a standing ovation. Win or loose, clearly Paul had stolen the show that day and presented our case in the best way possible. The crowd of amici brief writers, our clients, fellow victim advocates, colleagues, friends and family, asked questions and provided their assessments at an impromptu debriefing. Everyone felt the justices treated the victims and the issue with respect and compassion. No one felt there was any consensus on the Court or sense of direction. No one was willing to make any predictions beyond it being a big win for victims and an unprecedented attention to the issue of child pornography victimization and exploitation. In summary, it was a great day for the issue, for crime victim’s rights, and exploited children. ### The End of an Historic Event The long day wasn’t over until we heard the Dutch National Rapportuer speak at [Georgetown Law School](http://www.childlaw.us/dutch-national-rapporteur-speaking-at-georgetown-law/) about our case and the Dutch response to child sex abuse and online exploitatiion. She gave an excellent and informative presentation based on her groundbreaking [2011 report on child pornography](https://www.jamesmarshlaw.com/wp-content/uploads/2015/03/First-Report-of-the-Dutch-National-Rapporteur.pdf). On Thursday, our final day in Washington, the Dutch National Rapporteur led a [Congressional briefing](http://www.childlaw.us/congressional-briefing-marsh-law-firms-supreme-court-case/) sponsored by the National Center for Victims of Crime, the National Crime Victim Law Institute and the Netherlands Embassy in Washington, DC, in coordination with the Congressional Victims’ Rights Caucus. Now the waiting begins. We are all back in our offices, back to work, a bit stunned and amazed at what just occurred. Life before the Supreme Court was filled with endless preparation, thousands of details, writing and rewriting talking points, tweaking arguments, anticipating questions, strategizing, checking one last case one last time. The twenty minutes came and went—a moment in time—with ten thousand hours before and a distant horizon ahead. My prediction is that there will be at least four written decisions with several concurrences in support and a dissent with at least one concurrence. Maybe that’s five decisions. I don’t think it will be 9-0 in favor or opposed (in favor of what? opposed to whom?). Regardless of the outcome, it will be a watershed decision in an unprecedented evolving area of the law. For Paul and me, it’s the culmination of many years of hard work and dedication to a cause which is still emerging. We both plan on being around for many more years to see this one through to its ultimate conclusion! ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Marsh Law Firm Blog --- ### [Sexual Abuse Survivor Calls Mandatory Reporter Bill a Good Start](https://www.jamesmarshlaw.com/sexual-abuse-survivor-calls-mandatory-reporter-bill-a-good-start-2/) **Published:** July 24, 2020 **Author:** James R. Marsh **Content:** Advocates are calling a bill making priests and other clergy mandatory reporters of sexual abuse a first step. The bill that passed the Assembly includes a provision missing from the original draft. The original would have required priests report child abuse they hear about during the act of confession. The current version keeps those conversations private. “This exception swallows the rule,” said Jennifer Freeman, Smith’s attorney. “Just like for lawyers, if we hear that someone is about to commit a crime and is in danger of committing a future crime, we must come forward. We can’t hide behind the attorney-client privilege.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Catholic Church, Childhood Sexual Abuse, News --- ### [Hundreds of new child sex abuse lawsuits flood in due to deadline uncertainty](https://www.jamesmarshlaw.com/sexual-abuse-survivor-calls-mandatory-reporter-bill-a-good-start/) **Published:** July 27, 2020 **Author:** James R. Marsh **Content:** Victims of child sexual abuse are rushing lawsuits into New York state court, fearful that two attempts to extend the deadline for such suits will amount to nothing. More than 400 child sexual abuse suits have been filed in the past month, and 1,000 since late May. Hundreds more are expected before the original deadline arrives in three weeks. “Our firms are working around the clock to finalize the complaints. We’re filing all of our cases now,” said Michael Pfau, a Seattle-based lawyer who, in conjunction with a New York firm, has filed upward of 600 such lawsuits to date. The firms have at least 200 more cases that will be filed shortly. Jennifer Freeman, senior counsel with the Marsh Law Firm in Westchester County, which is partnering with Pfau, said lawyers are particularly concerned that the executive order is valid for only 30 days if not renewed. Cuomo has so far renewed the order twice. Pfau said attorneys devoted much of next six months to vetting and researching cases for new clients. Just when they were preparing to file those suits, the coronavirus pandemic forced closure of the state courts. Only emergency actions could be filed from mid-March to late May. “We’ve lost almost three months. That’s been a very difficult thing for many of our clients,” Freeman said. The decision to file suit against a sexual abuser is a difficult one, she said. “Sometimes we talk to people for months. It’s something that takes a lot of time and effort.” Having no sure extension of time to replace the three months lost to the coronavirus, Freeman said, “is very frustrating.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [Child Victims Act suit filed against former St. Joseph’s school](https://www.jamesmarshlaw.com/child-victims-act-suit-filed-against-former-st-josephs-school/) **Published:** July 22, 2020 **Author:** James R. Marsh **Content:** A Dunkirk man has filed a Child Victims Act lawsuit against the former St. Joseph’s Catholic Church and School for repeated abuse he alleged happened in the early 1960s. The 20-page complaint was filed Tuesday in state Supreme Court in Chautauqua County. The Dunkirk man, who is not being identified, said he was abused by the Rev. Edward Walker between 1960 and 1962 when he was about 12 to 14 years old. Walker was a priest at St. Joseph’s and was associated with Sisters of St. Joseph in Clarence. Sisters of St. Joseph was also named in the suit, with the city resident being represented by the New York City-based Marsh Law Firm. Northern Chautauqua Catholic School in Dunkirk also is named as one of the defendants in the court filing. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Catholic Church, Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [Survivor Speaks About Syracuse Catholic Diocese Filing for Bankruptcy](https://www.jamesmarshlaw.com/survivor-speaks-about-syracuse-catholic-diocese-filing-for-bankruptcy/) **Published:** July 20, 2020 **Author:** James R. Marsh **Content:** Amy, a sexual abuse survivor, was 11 years old when she was touched inappropriately by a male figure in her church. The abuse has impacted Amy all her life and when the Child Victim’s Act passed, she was afraid to file a claim. “I was shaking and my heart was racing, I didn’t know what to expect, and rehashing everything he had done to me, I didn’t know how I was going to handle it,” said Amy. And when she learned the Syracuse Catholic Diocese filed for bankruptcy, she was upset. “I thought it was them taking the easy way out so they didn’t have to be accountable,” said Amy. “We’re not going to get to the truth of the matter anymore. The diocese is going to be able to avoid what really happened with this perpetrator,” said Jennifer Freeman, senior counsel at Marsh Law Firm. Freeman is Amy’s attorney. “My client will not have her day in court and it’s really important to have that opportunity to face the wrongdoer and hold them accountable,” said Freeman. Chapter 11 court is much different than civil court. The focus will be on the allocation of assets. “So rather than a focus on what really happened and who is responsible it will be twisted into how much she gets and that’s not what’s she’s really looking for,” said Freeman. The deadline to file under the Child Victim’s Act is August 13, but now that the diocese has filed for bankruptcy the court will set a bar date which could be sooner. “Anyone out there who is listening to this, find someone and get your claim in right away. You really can’t wait,” said Freeman. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Bankruptcy, Catholic Church, Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [Albany Diocese adds deceased priest to list of offenders following investigation](https://www.jamesmarshlaw.com/albany-diocese-adds-deceased-priest-to-list-of-offenders-following-investigation/) **Published:** July 9, 2020 **Author:** James R. Marsh **Content:** ALBANY — The Roman Catholic Diocese of Albany announced Tuesday that it’s adding Rev. Alan Jupin, who died in 2019, to its “List of Offenders” after an investigation found “reasonable cause” related to allegations of sexual abuse against minors. Last year, Timothy Sawicki of Schenectady joined a multi-plaintiff lawsuit, filed by the Marsh Law Firm in White Plains, and alleged Jupin groomed and sexually abused him when he was 16 and 17 years old from 1975 to 1977. Jupin worked at St. John the Baptist in Schenectady at the time and Sawicki claimed Jupin introduced him to other priests who also sexually abused him. “Father Jupin exploited the trust and authority vested in him by defendants by grooming Timothy to gain his trust and to obtain control over him as part of Father Jupin’s plan to sexually molest and abuse Timothy,” the lawsuit read. Jupin was pastor of Our Lady of Fatima (now St. Kateri Tekakwitha), Schenectady, from 1989 until retiring in 2007; Our Lady of Mercy, Colonie (now Christ Our Light, Loudonville), from 1979-1989; St. John the Baptist, Schenectady, from 1972-1979; associate pastor of St. John the Baptist, from 1971-1972, and associate pastor of St. Thomas the Apostle, Delmar, from 1962-1971. He served as chaplain to the Colonie Police Department. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Catholic Church, Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [‘Time for a Reckoning’: Flood of Abuse Cases Against NY Archdiocese Filed Amid Deadline Uncertainty](https://www.jamesmarshlaw.com/time-for-a-reckoning-flood-of-abuse-cases-against-ny-archdiocese-filed-amid-deadline-uncertainty/) **Published:** July 1, 2020 **Author:** James R. Marsh **Content:** Alleged victims of abuse decades ago have filed a flood of lawsuits — 95 in the last month alone — against the Archdiocese of New York amid confusion over the deadline for the look-back window provision of the [Child Victims Act](http://www.nycourts.gov/courthelp/Safety/childSexAbuseCases.shtml). “We filed 100 cases against the Catholic Church across the state of New York in the last 60 days,” said attorney James Marsh. “Our team has been working nights and weekends.” Another cause of the case surge is uncertainty over the CVA filing deadline, which Marsh said has led to “mass confusion.” On May 8, Gov. Andrew Cuomo [extended](http://www.governor.ny.gov/news/amid-ongoing-covid-19-pandemic-governor-cuomo-announces-state-will-extend-window-victims-file) until Jan. 14 the original one-year window for plaintiffs to file [otherwise-barred](http://www.nycbar.org/get-legal-help/article/personal-injury-and-accidents/new-york-child-victims-act/) suits for abuse alleged to have happened years in the past. On May 27, the state Senate and Assembly [voted ](http://apnews.com/522f4730129f3dd0a681dc8d0a00e88d)to further extend the deadline to Aug. 14, 2021, but the governor has not yet signed the legislation. A spokesperson for Cuomo told THE CITY the bill was “being reviewed but had not yet been delivered to the governor.” Marsh called the shifting deadline “a big smoke-and-mirrors game, this mythical extension of the CVA deadline.” “There’s some kind of pissing match going on between the governor and the legislature which has led to a great deal of frustration on the part of our clients,” Marsh said. “I’d say there’s a consensus among the bar that we need to get into high gear.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Catholic Church, Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [Syracuse Diocese files for bankruptcy](https://www.jamesmarshlaw.com/syracuse-diocese-files-for-bankruptcy/) **Published:** June 20, 2020 **Author:** James R. Marsh **Content:** SYRACUSE, N.Y. (WHCU) – The Diocese of Syracuse announced it has filed for bankruptcy following a recent wave of child sex abuse lawsuits brought against the Catholic Church. A law firm involved in the proceedings provided the following press release with more details: *Today the Diocese of Syracuse announced it has filed for bankruptcy following a recent wave of child sex abuse lawsuits brought against the Catholic Church – the latest in a string of Catholic Church bankruptcy’s across the state, including the Diocese of Buffalo and Diocese of Rochester. Since last August, hundreds of child sex abuse lawsuits have been brought against the Diocese of Syracuse in the aftermath of New York’s groundbreaking Child Victims Act which opened a one-year “lookback” window that allows previously time-barred survivors of childhood sexual abuse to seek justice regardless of when their abuse occurred.* *The Diocese of Syracuse’s bankruptcy filing will begin a process in which a bankruptcy judge will oversee the division of the Diocese’s assets in a way that is fair to all survivors who timely file claims in the bankruptcy.* *“These bankruptcy proceedings should not and will not prevent survivors from seeking justice and accountability in Syracuse,” said **James R. Marsh of the New York-based Marsh Law Firm.** “For decades, the Diocese of Syracuse enabled and covered up crimes against the most vulnerable parishioners.  We will fight in court and in every venue to ensure the Diocese answers for the lives they endangered and in some cases destroyed.”* *“Abuse survivors need to understand the Diocese has assets and insurance. A bankruptcy is simply a way to give the Diocese a legal ‘time out’ from the current litigation so that one judge can ultimately decide a fair way to compensate all people who timely file a claim in the bankruptcy,” said **Michael T. Pfau**, a sexual abuse attorney at Pfau Cochran Vertetis Amala (PCVA) who has represented thousands of abuse survivors and who played a key role in major bankruptcy proceedings against Catholic Dioceses in New York and other states. “The ‘bankruptcy’ process has been utilized by the Catholic Church to resolve claims involving at least 20 different Catholic dioceses and religious orders across the country.  Bankruptcy allows the Diocese to restructure its assets and finances to continue operating while also providing some measure of accountability for child sexual abuse claims. Now is the time for Syracuse survivors to come forward and file a claim with the bankruptcy court in order to ensure their rights are protected.”* *The bankruptcy judge will ultimately announce a deadline by which individuals must file claims for any alleged abuse.  This deadline is called a “bar date” deadline because people will likely be forever “barred” from filing a claim against the Diocese after the deadline.* *PCVA and its co-counsel, the Marsh Law Firm, have filed 12 cases against the the Diocese of Syracuse. The firms have collectively represented hundreds of abuse survivors in substantial and complex bankruptcy proceedings around the country, including the Buffalo Diocese, Rochester Diocese, the Spokane Diocese, the Pacific Northwest Order of Jesuit Priests, the Christian Brothers of Ireland, and the Milwaukee Archdiocese.  In bankruptcy proceedings for the Oregon Province Society of Jesus, PCVA represented almost 140 survivors in one of the largest Catholic clergy settlements in the nation.* ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Bankruptcy, Catholic Church, Child Victims Act (CVA), Childhood Sexual Abuse, News, Radio --- ### [Diocese files bankruptcy; 3 Oswego priests named among 100+ CVA lawsuits](https://www.jamesmarshlaw.com/diocese-files-bankruptcy-3-oswego-priests-named-among-100-cva-lawsuits/) **Published:** June 20, 2020 **Author:** James R. Marsh **Content:** SYRACUSE — The Diocese of Syracuse announced Friday it will re-organize in Chapter 11 bankruptcy as it faces an incoming tide of lawsuits related to alleged abuse by local priests over decades. Bishop Douglas Lucia was installed last year to lead the central and northern New York Catholic community following the retirement of Bishop Robert Cunningham after Cunningham’s 10 years in charge. On Friday, Lucia spoke to assembled media regarding the bankruptcy filing — a move already employed by the dioceses of Rochester and Buffalo. “A courtroom is a truth-seeking mechanism,” said attorney Michael Pfau, whose firm represents more than a dozen individuals seeking damages against the church. “Survivors testify, priests testify, bishops testify then records are disclosed, shown to juries and made public.” Instead of 100 different cases seeking different damages, bankruptcy court would group all complaints and divide up assets as settlements are reached. “The challenge this situation presents our diocese is simply that one jury award could so diminish our assets that we would have little or nothing to resolve the other claims or carry on the important ministries of the diocese,” Lucia said. Pfau says more than the money, his clients want accountability. “They want the public to know how so many children were abused for so many decades,” Pfau said. “What the bishop and the diocese lawyers fail to understand is: coming forward, telling their story and having their day in court is very, very important.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Bankruptcy, Catholic Church, Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [Grandmother accuses CNY school priest of molesting her when she was a girl: ‘They can’t get away with this’](https://www.jamesmarshlaw.com/grandmother-accuses-cny-school-priest-of-molesting-her-when-she-was-a-girl-they-cant-get-away-with-this/) **Published:** June 18, 2020 **Author:** James R. Marsh **Content:** Whitesboro, N.Y. — It was always old Frankenstein movies. Or ghost stories. “Any little thing where he got you alone in the dark,” Mary McLoughlin recalled. Then the priest at her family’s church would sexually abuse her, she said. She was 11; the abuse happened numerous times, according to a lawsuit McLoughlin filed against the Syracuse Roman Catholic Diocese Wednesday. McLoughlin’s suit was one of [38 filed against the diocese this week](http://nam12.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.syracuse.com%2Fnews%2F2020%2F06%2F38-more-people-sue-syracuse-catholic-diocese-claiming-abuse-by-priests.html&data=02%7C01%7C%7C8d4584d99bff4d0dbc4308d8139e9a13%7Ceb4f6f0136e142e6ad35255c3cd3c188%7C0%7C0%7C637280919220782348&sdata=rsFyFp%2FMezhdaGED5L44Dc1akbCRGSg64wL7ulxpoaM%3D&reserved=0), a new wave of complaints under the New York Child Victims Act. McLoughlin’s is one of the few filed against the diocese by women; most of the accusers have been men who alleged the abuse happened when they were boys. McLoughlin, 66, says her abuser was the Rev. Conrad Somerville. At the time, he was in his 30s at St. Joseph’s school and parish in Utica. The priest was trusted by McLoughlin’s family and that of the other girls in her school, according to the lawsuit filed by Jennifer Freeman of Marsh Law in Westchester. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Catholic Church, Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [Diocese of Rockville Centre appeals ruling on Child Victims Act](https://www.jamesmarshlaw.com/diocese-of-rockville-centre-appeals-ruling-on-child-victims-act/) **Published:** June 10, 2020 **Author:** James R. Marsh **Content:** The Roman Catholic Diocese of Rockville Centre, in its continuing legal battles involving dozens of sexual assault cases, has appealed a judge’s decision upholding the constitutionality of the Child Victims Act. The diocese filed its appeal following a ruling in May by state Supreme Court Judge Steven Jaeger of Nassau County, who rejected a bid by the Diocese of Rockville Centre to dismiss 44 lawsuits filed against it under the Child Victims Act. James Marsh, an attorney with the Marsh Law Firm, one of the firms representing 14 alleged victims against the Diocese of Rockville Centre, said it makes sense that the church would question the constitutionality of the law. “I think it’s something they had to do given the exposure they’re facing,” Marsh said. Marsh said the judge in the case responded to the diocese’s requests for a motion to stay by saying, in essence, “you’d better make it before the Appellate Division and not me.” Responding to a request for comment, the diocese provided a statement that mentions the possibility of declaring bankruptcy to properly pay victims, as well as to continue the diocese’s operations. While Marsh said these cases will take a long time to go through the courts, COVID-19 has slowed the process down even more. “We’re months away from interviewing one priest, one business, one official of the church,” Marsh said. “We are six months away from that. Especially now with COVID, these plaintiffs are older people to begin with, they’re a demographic that has been impacted by this awful pandemic.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Cases, Catholic Church, Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [New York Courts Reopen Months Into Lockdown With Rush of Lawsuits](https://www.jamesmarshlaw.com/new-york-courts-reopen-months-into-lockdown-with-rush-of-lawsuits/) **Published:** May 28, 2020 **Author:** James R. Marsh **Content:** MANHATTAN (CN) — For two months, lawyers in New York City have been unable to file new complaints. When the floodgates opened on Memorial Day, a deluge of new cases flooded an already busy court system. On March 22, the chief administrative judge of New York state courts [barred all new documents](http://www.courthousenews.com/wp-content/uploads/2020/05/ny-courts-bar.pdf) in nonessential matters from being accepted for filing by county clerks and courts. The order, which extended the tolling for statute of limitations until June 6, also urged lawyers to seek other jurisdictions to file if possible. When the state’s e-filing system [reopened on Memorial Day](http://www.nycourts.gov/whatsnew/pdf/AO-114-20.pdf) for new filings, the typical load of cases tripled and quadrupled in some county courts. “There has been no pandemic in our offices,” said James Marsh, whose practice handles the recent influx of sexual abuse claims against the Roman Catholic Church, Boy Scouts of America and other institutions. “The pandemic of the CVA has continued sort of unabated for two years for us.” Short for the Child Victims Act, CVA cases have been filed for more than a year but only began including model discovery and liaison committees in January. “As soon as those things got into place January, February, March, and we were gearing up for discovery and deposition and records requests and all that, the pandemic hit and closed everything down,” Marsh said. “We’re not even out of the starting gates yet.” Marsh said his firm has hired new staff and attorneys since the shutdown. “We have new associates who haven’t even met each other, who haven’t even been to the office,” he said, adding that documents and other materials are shipped directly to employees’ homes. “We are fortunate in that our firm has always operated virtually,” Marsh said. “The pace of the work has not really been affected at all by the pandemic.” Noting the potential for delays due to Covid-19, the New York state legislature overwhelmingly voted on Wednesday to extend the deadline for new legal claims under the CVA from August 14 of this year until the same date in 2021. Much of yeoman’s work under the Child Victims Act will occur when hearings are held later this fall at the earliest, said Marsh, who says he has upwards of 600 clients. “Judge \[Steven\] Jaeger can be working hard out in Nassau County, but if a clerk’s not there to enter the order and issue the order, take the new filings and process the new filings, then the reopening of the e-filing is going to be sort of ineffective,” Marsh said. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [Childhood sexual abuse lawsuits hampered by court shutdown](https://www.jamesmarshlaw.com/childhood-sexual-abuse-lawsuits-hampered-by-court-shutdown/) **Published:** May 14, 2020 **Author:** James R. Marsh **Content:** With New York’s courts on pause and the clock ticking on the Child Victims Act’s look back window, Governor Cuomo took executive action to extend the window. James Marsh, Partner at the Marsh Law Firm, discussed the impact this will have for survivors seeking civil legal action. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Victims Act (CVA), Childhood Sexual Abuse, News, Radio --- ### [State judge upholds constitutionality of Child Victims Act](https://www.jamesmarshlaw.com/state-judge-upholds-constitutionality-of-child-victims-act/) **Published:** May 13, 2020 **Author:** James R. Marsh **Content:** A state judge on Wednesday [upheld the constitutionality](https://www.jamesmarshlaw.com/2020-05-13-ny-rockville-ark3-order-denying-defs-mot-to-dismiss/) of New York’s landmark law that lifted the statute of limitations on sexual abuse claims from years ago. In doing so, state Supreme Court Judge Steven Jaeger of Nassau County rejected a bid by the Diocese of Rockville Centre to dismiss 44 lawsuits filed against it under the Child Victims Act. Enacted in 2019, the law created a special “look back” period in which New York is allowing the filing of molestation lawsuits previously blocked by time limits. An attorney representing many claimants hailed the decision. “This is a victory for the survivors, their families, and all of those fighting back against decades of abuse,” said Jennifer Freeman of the Marsh Law Firm, which has represented some 700 clients under the CVA. “The Diocese of Rockville Centre attempted to protect their institution by fighting to strip survivors of their right to seek justice, but they’ve failed.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Catholic Church, Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [Judge throws out constitutional challenge to Child Victims Act](https://www.jamesmarshlaw.com/judge-throws-out-constitutional-challenge-to-child-victims-act/) **Published:** May 13, 2020 **Author:** James R. Marsh **Content:** ALBANY – A state Supreme Court justice [ruled on Wednesday](https://www.jamesmarshlaw.com/2020-05-13-ny-rockville-ark3-order-denying-defs-mot-to-dismiss/) that New York’s Child Victims Act, which has given survivors of sexual abuse the ability to file decades-old complaints against their alleged offenders, is constitutional. The decision was a loss for the Rockville Centre Catholic Diocese on Long Island, which had [filed](http://www.timesunion.com/news/article/Albany-Diocese-will-not-challenge-14832876.php) a motion to dismiss Child Victims Act cases lodged against the institution in November. The diocese, facing more than 40 claims under the law, argued that the act violated due process rights afforded in the state Constitution – but Justice Steven M. Jaeger of Nassau County disagreed. Though the legal challenge was filed in Nassau County, the decision – applauded by advocates on Wednesday – has statewide implications. “Today’s ruling is further proof that the Catholic Church’s efforts to subvert justice and escape accountability simply won’t work,” said attorney Jennifer Freeman of Marsh Law Firm, which has represented dozens of sexual abuse survivors. “This is a victory for the survivors, their families, and all of those fighting back against decades of abuse.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Catholic Church, Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [Child Victims Act Does Not Violate Diocese's Due Process Right, Nassau Justice Rules](https://www.jamesmarshlaw.com/child-victims-act-does-not-violate-dioceses-due-process-right-nassau-justice-rules/) **Published:** May 13, 2020 **Author:** James R. Marsh **Content:** The Child Victims Act does not violate the Catholic Diocese of Rockville Centre’s due process right under New York’s constitution, a Nassau County Supreme Court justice has ruled. “Based on this legislative history, the court finds the Child Victims Act is a reasonable response to remedy the injustice of past child sexual abuse,” wrote Justice Steven Jaeger in [a ruling](https://www.jamesmarshlaw.com/2020-05-13-ny-rockville-ark3-order-denying-defs-mot-to-dismiss/) filed Wednesday. Jennifer Freeman with the Marsh Law Firm described the ruling as a victory for survivors and their families. She issued a statement saying the ruling ”is further proof that the Catholic Church’s efforts to subvert justice and escape accountability simply won’t work.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Catholic Church, Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [Child Victims Actions May Be Filed Before Window Closes, Despite New Lawsuit Ban, Court Official Says](https://www.jamesmarshlaw.com/child-victims-actions-may-be-filed-before-window-closes-despite-new-lawsuit-ban-court-official-says/) **Published:** May 6, 2020 **Author:** James R. Marsh **Content:** Despite a ban on new lawsuits imposed during the coronavirus outbreak, New York State’s Unified Court System will give survivors of child sex abuse an opportunity to file their claims before time runs out on a “look-back window” opened for older accusations, according to a state court spokesman. Lawyers and accusers have deep uncertainty over whether a tolling order from Gov. Andrew Cuomo—which paused statutes of limitation—will apply to the act’s one-year window. James Marsh, a partner at the Marsh Law Firm, said he believes the tolling applies to CVA lawsuits, but litigation brought after the one-year period will be at risk due to the uncertainty. He said defense lawyers might make a due process argument under the state constitution and challenge the governor’s order. “They are going to litigate every comma,” he said, arguing the uncertainty could become a “field day” for defendants looking to escape liability. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [Window Opens to File Abuse Claim](https://www.jamesmarshlaw.com/window-opens-to-file-abuse-claim/) **Published:** May 1, 2020 **Author:** James R. Marsh **Content:** There are many reasons that victims of childhood sexual abuse may not have filed charges against their abusers. One reason could be that the time allotted by a statute of limitations has run out. But the Child Victims Act, passed in August 2019, gives childhood sexual abuse victims an additional year, known as a “lookback window,” to press civil charges against an abuser. Attorney Jennifer Freeman of the Marsh Law Firm represents victims with sex abuse claims. She wants Floridians who may have been abused in New York to know about this recent change in the law. “What I hope is that residents of Florida, and all the other states, who used to live in New York, become aware of the Child Victims Act, and they take action. That they learn about the statute and if they want to bring a claim, that they bring it,” said Freeman. A lawsuit may be against an institution rather than an individual. “In many instances, the person is no longer with us. But in other cases, we have an institution. That really is who should have protected the children. Who should have protected that person from getting abused,” she went on to say. The deadline to file a claim in New York is August 13 of this year. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [Pandemic Stalls CVA Cases in NYC](https://www.jamesmarshlaw.com/pandemic-stalls-cva-cases-in-nyc/) **Published:** May 2, 2020 **Author:** James R. Marsh **Content:** The Child Victims Act (CVA), which was enacted last year, is widely lauded for opening up the time frame for victims of child sexual abuse to file lawsuits over claims that were previously barred from court due to the statute of limitations. Amid the pandemic that has nearly clogged the wheel of justice, state lawmakers are yet to decide on extending a one-year legal window that allowed survivors of child sex abuse to sue over decades-old allegations. The legal window is set to close in August, but New York’s court system is no longer accepting CVA lawsuits. Since the state’s court system has postponed all non-essential services and the CVA lawsuits were not listed as essential under an order from Lawrence Marks, the state’s chief administrative judge, this has effectively placed a hold on new litigation under the act. For the Marsh Law Firm, which represents about 700 people with potential CVA claims, of which less than a third have sued, the closing window is especially frustrating. This is because a long stay on CVA cases in New York City was lifted in February, just before the crisis struck. James Marsh, a partner at the firm, said the firm believes that Cuomo’s tolling of statutes of limitations has not been favorable for CVA plaintiffs. Even with lawyer advertising and press coverage of the Act, many potential plaintiffs do not know about the law. Furthermore, the pandemic has been a particularly hard time for victims and has caused them to retreat internally rather than come forward with their stories. In the meantime, Marsh is worried about the mounting health risks for the firm’s CVA clients who are senior citizens. One client is now deceased and another, who has stage-four cancer, may not live long enough to see justice served. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [New York Lawmakers Decline Chance to Extend 'Look-Back Window' in Child Victims Act](https://www.jamesmarshlaw.com/new-york-lawmakers-decline-chance-to-extend-look-back-window-in-child-victims-act/) **Published:** April 7, 2020 **Author:** James R. Marsh **Content:** State lawmakers took a pass last week on extending a one-year legal window that allowed survivors of child sex abuse to sue over decades-old allegations. The Child Victims Act, enacted last year, opened up the time frame for victims of child sexual abuse to file lawsuits over claims that were previously barred from court due to the statute of limitations. The legal window is set to close in August, but New York’s court system is no longer accepting CVA lawsuits under new restrictions spurred by the deadly coronavirus pandemic. The state’s court system has postponed all “nonessential” services and the CVA lawsuits were not listed as essential under an order from Lawrence Marks, the state’s chief administrative judge. Those orders have effectively placed a hold on new litigation under the act, but the Legislature did not move to lengthen the so-called look-back window in the state budget, which is the keystone legislative package of the year in Albany and is often used as a vehicle for large non-fiscal policy measures. The coronavirus crisis has upended normal business at the Capitol, but legislative leaders have said they need to continue their work in some fashion. It remains unclear whether legislators will greenlight an extension to the CVA later on this session. Cuomo last month paused the state’s statute of limitations through an executive order, tolling “any specific time limit for the commencement, filing, or service of any legal action, notice, motion, or other process or proceeding.” Hoylman said some people believe the order would apply to the one-year legal window. But he argued the executive order is unclear in regard to the CVA. Even if the order does apply, he said, it could become a legal question that defendants try to use to their advantage in court. “It wasn’t written with the \[CVA\] in mind, specifically,” said Hoylman, who has argued the order effectively ended the CVA look back window. For the Marsh Law Firm, which represents about 700 people with potential CVA claims, of which some 150 to 200 have actually sued, the pandemic is especially frustrating because a long stay on CVA cases in New York City was lifted in February, just before the crisis struck. Discovery was set to move forward quickly, but is now on hold for 90 days, said Jennifer Freeman, senior counsel at the firm. James Marsh, a partner at the firm, said the firm believes that Cuomo’s tolling of statutes of limitations has extended the deadline to file cases through Sept. 14, from Aug. 14, and said subsequent tolling could push it out further. Still, Freeman said she believes legislators still need to act to extend the CVA window into 2021, saying other states have longer time frames to sue. While one defendant, Rockefeller University, is engaged in settlement talks, others are holding off, Freeman said. Even with lawyer advertising and press coverage of the CVA, many potential plaintiffs still haven’t learned about the law or decided to come forward, she added. The pandemic has been a particularly hard time for many of them, causing them to “retreat internally” instead of deciding to come forward with their stories. In the meantime, she said, health risks are mounting for the firm’s aging CVA clients, one of whom has already died and another of whom has a stage-four cancer. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [Child Victims Act: Time running out for lawyers, accusers with hundreds more cases pending](https://www.jamesmarshlaw.com/child-victims-act-time-running-out-for-lawyers-accusers-with-hundreds-more-cases-pending/) **Published:** March 11, 2020 **Author:** James R. Marsh **Content:** The New York window for filing Child Victims Act suits ends in August, but one prominent law firm is calling for a one-year extension. Perhaps most disturbing, say plaintiffs lawyers, is that time is running out for some to file with so much work to be done. Time is also running out for clients as they age and health concerns catch up with them. Jennifer Freeman, a senior attorney with New York-based Marsh Law, has already lost one client, not to other firms, but to time itself. Freeman said a client, who had filed anonymously and accused [Reginald Archibald](http://www.lohud.com/story/news/local/westchester/pelham/2018/12/13/rockefeller-university-hospital-doctor-reginald-archibald-abuse-former-patients-say/2303199002/), of Rockefeller University Hospital, has recently died. The client, in his 70s when he died, accused Archibald of sexually abusing him during an appointment at Rockefeller. He filed the suit in the initial wave on Aug 14. “Unfortunately, justice delayed is justice denied, when our clients pass like this there’s nothing we can do for them,” Freeman said. ## Extending the window Freeman, of the Marsh firm, thinks that the sheer amount of cases warrants an extension. “A one-year extension is proper, right and necessary,” Freeman said. The extension, Freeman argues, is because deadlines in individual cases can come fast and with so many cases, the work can pile up, on both sides. She’s filed cases for more than 600 clients so far. Part of the problem is that most cases are still in the preliminary stages. To clients it looks like a standstill and lawyers, like Freeman, are left puzzled by the lack of movement, too. “Lawyers think ‘This isn’t flow’ (and) to a normal person this is really slow,” Freeman said. “It’s causing my clients a great deal of anxiety.” And all the cases haven’t been filed yet. Freeman says she has 300 more clients to file cases for. And for most of these cases the important document work has yet to begin. “The engine of discovery is just starting,” Freeman said. “That’s when we will get tons of information.” But that engine seems stalled for now, with new deadlines for responding to the massive amount of suits. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [Buffalo Catholic Diocese files for bankruptcy](https://www.jamesmarshlaw.com/buffalo-catholic-diocese-files-for-bankruptcy/) **Published:** February 28, 2020 **Author:** James R. Marsh **Content:** The Buffalo Catholic Diocese has announced the formal filing for Chapter 11 reorganization in federal court, under the U.S. Federal Bankruptcy Code. The move had been expected for some time. Interim Bishop Edward Scharfenberger will hold a press conference to address the situation at 1 p.m. Friday. According to the petition, the diocese has somewhere between $10 million to $50 million in assets, between $50 million to $100 million in liabilities, and anywhere from 200 to 1,000 creditors. The diocese owes $3.5 million to its 20 largest unsecured creditors. The largest creditor is M&T Bank, which is owed $1.6 million. The other 19 are all abuse survivors owed $100,000 each via Child Victims Act lawsuits. Since the opening of the Child Victims Act window in August, approximately 250 lawsuits have been filed against the diocese by alleged abuse victims. The diocese says it expects ultimately more than 400 alleged victims to file suits. Insurance may cover some of the CVA claims, according to Mendolera. “Abuse survivors need to understand the Diocese has assets and insurance, said attorney Michael Pfau, whose firm has represented thousands of abuse survivors across the country.”A bankruptcy is simply a way to give the Diocese a legal ‘time out’ from the current litigation so that one judge can ultimately decide a fair way to compensate all people who timely file a claim in the bankruptcy. Bankruptcy allows the Diocese to restructure its assets and finances to continue operating while also providing some measure of accountability for child sexual abuse claims.” Pfau said now is the time for Buffalo survivors to file a claim with the bankruptcy court “in order to ensure their rights are protected.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Bankruptcy, Catholic Church, Child Victims Act (CVA), News, Radio --- ### [Buffalo Roman Catholic Diocese seeks bankruptcy protection](https://www.jamesmarshlaw.com/buffalo-roman-catholic-diocese-seeks-bankruptcy-protection/) **Published:** February 28, 2020 **Author:** James R. Marsh **Content:** BUFFALO, N.Y. (AP) — The embattled Roman Catholic Diocese of Buffalo filed for bankruptcy protection Friday, taking another major step in its effort to recover from a clergy misconduct scandal that‘s been the basis for hundreds of lawsuits, Vatican intervention and the resignation of its bishop. The Chapter 11 filing estimates between $10 million and $50 million in assets and between $50 million and $100 million in liabilities. The number of creditors is estimated at between 200 and 999. “Abuse survivors need to understand the diocese has assets and insurance,” said attorney Michael Pfau, who has represented numerous alleged victims in bankruptcy proceedings in several states. “A bankruptcy is simply a way to give the diocese a legal `time out’ from the current litigation so that one judge can ultimately decide a fair way to compensate all people who timely file a claim in the bankruptcy.” Attorney James Marsh said the proceedings “should not and will not prevent survivors from seeking justice and accountability in Buffalo.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Bankruptcy, Catholic Church, Child Victims Act (CVA), News --- ### [Four more paperboys sue the Democrat and Chronicle claiming sexual abuse](https://www.jamesmarshlaw.com/four-more-paperboys-sue-the-democrat-and-chronicle-claiming-sexual-abuse/) **Published:** February 26, 2020 **Author:** James R. Marsh **Content:** Their stories of Lazeroff using decoys and misdirection to grope them or invite them to fondle him bore striking similarities. Some told of Lazeroff approaching them on their paper routes under the guise of wanting to help them finish early or, in the winter, to stay warm. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Cases, Child Victims Act (CVA), Childhood Sexual Abuse --- ### [Five former D&C paperboys now claim sexual abuse by newspaper employee](https://www.jamesmarshlaw.com/five-former-dc-paperboys-now-claim-sexual-abuse-by-newspaper-employee/) **Published:** February 26, 2020 **Author:** James R. Marsh **Content:** Four more one-time *Democrat and Chronicle* paperboys have sued the newspaper and its corporate owners, accusing them of hiring a circulation department employee who was a persistent pederast. The employee, Jack J. Lazeroff, was identified as a suspected molester in stories published last year by the *Democrat and Chronicle* and *City Newspaper*, and in a lawsuit filed in October by a former paperboy from Brighton. Now four other men who delivered the D&C when they were young have filed a second lawsuit against the newspaper; its owner, Gannett Co. Inc., and related corporate entities. The suit accuses the newspaper of being negligent in its hiring and supervision of Lazeroff, who worked for the D&C in the 1980s as a circulation district manager — a job in which he interacted daily with the young boys and girls who delivered the paper in those days. The four men say they were sexually abused by Lazeroff between 1982 and 1985, when they were between the ages of 11 and 15. Most or all of them apparently delivered the morning *D&C* in Brighton neighborhoods. The complaint paints Lazeroff as a compulsive man who groped boys over and over again in his car, at his home and theirs, at a Brighton doughnut shop and even on a customer’s front porch. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [Federal court sets deadline for filing claims against the Rochester Diocese](https://www.jamesmarshlaw.com/federal-court-sets-deadline-for-filing-claims-against-the-rochester-diocese/) **Published:** February 26, 2020 **Author:** James R. Marsh **Content:** Law firms representing clients in sex abuse lawsuits against the Rochester Catholic Diocese are urging survivors to file their claim before August 13, a deadline handed down by the bankruptcy court presiding over the Diocese’s bankruptcy filing. Last fall, the Rochester Diocese was the first in New York to seek bankruptcy protection due to numerous lawsuits filed against the diocese under the Child Victims Act. James Marsh, founder of the New York City-based Marsh Law Firm, says the bankruptcy court has issued an August 13 deadline, called a bar date, for survivors to file their claims. After that date, no further claims can be filed. “It is a time after which no further claims can be presented to the court for consideration,” he said. “And, it gives finality to the process and allows the Diocese to reorganize and continue operating into the future. State lawmakers are proposing to extend the Child Victims Act by one more year. Marsh, whose firm has represented dozens of abuse survivors in the area, says an extension wouldn’t matter, because of the August 13 bar date. “The state law and the State of New York does not really impact what’s happening in the federal court with this bankruptcy,” he said.  “So even if the Child Victims Act gets extended for a year, this bar date is an absolute bar, as they call it, to any further claims.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Bankruptcy, Catholic Church, Child Victims Act (CVA), Childhood Sexual Abuse, News, Radio --- ### [Child sexual abuse survivors deal with bankruptcy, old evidence after laws extend statute of limitations](https://www.jamesmarshlaw.com/child-sexual-abuse-survivors-deal-with-bankruptcy-old-evidence-after-laws-extend-statute-of-limitations/) **Published:** February 24, 2020 **Author:** James R. Marsh **Content:** Although lawsuits like his may provide catharsis, they offer no promise of speedy legal relief. In some cases, independent corroborating evidence is gone or nonexistent, making it difficult to prove plaintiffs’ claims. The alleged assailants may have died, leaving the accusers to sue the Boy Scouts, religious organizations, schools, foster care providers and other children-focused groups they believe enabled their abusers. That legal strategy requires plaintiffs to prove the organizations had reason to know about the abusers’ conduct. Additionally, the Boy Scouts of America, nearly two dozen Catholic dioceses and three religious orders have [filed for bankruptcy protection](http://www.bishop-accountability.org/bankruptcy.htm), which could shield some of their assets and limit how much money victims ultimately receive. And the statutes that allow some of these lawsuits may not stand.A Catholic diocese in New York is challenging the constitutionality of the law that extended deadlines for survivors of child sexual abuse to file lawsuits. “The victim’s account is no longer discounted the way it was 20 or 30 years ago,” said [Michael Pfau](http://pcva.law/team/michael-t-pfau/), a partner at the Seattle-based Pfau Cochran Vertetis Amala Law Firm[,](http://pcva.law/practice-areas/sexual-abuse-victims/)[ which has represented scores of sexual abuse victims](http://pcva.law/practice-areas/sexual-abuse-victims/). New York, 15 other states and the District of Columbia in recent years have revived long-expired statutes of limitations that enable victims of childhood abuse to go to court, according to CHILD USA, an organization focused on preventing child abuse and neglect. Victims who haven’t yet sued the scouting organization will be able to file claims that will have the same legal standing as existing claims. Typically, the claims are assessed by a creditors committee appointed by the bankruptcy court or a trustee. The committee determines how much money is available and how to pay the claims equitably while satisfying the organizations’ secured creditors. “It becomes more of an allocation of assets issue” rather than a typical trial battle in state court, said [Jennifer Freeman](https://www.jamesmarshlaw.com/people/jennifer-freeman/#.XkwA8WhKiUk), a senior counsel at the [Marsh Law Firm PLLC, which represents scores of abuse survivors](https://www.jamesmarshlaw.com/cva-lawsuits-filed/#.XkwDAWhKiUk). A [ProPublica database](http://projects.propublica.org/credibly-accused/clergy/salvatore-ferro-christian-brothers-north-america-province-73295/) of U.S. Catholic clergy members who have been credibly accused of sexual abuse or misconduct says Ferro was identified in at least two sexual abuse cases that were filed in a Christian Brothers bankruptcy filing. “It’s mind-boggling to me. This man was reported over and over again,” said Vincent Nappo, an attorney at the Pfau Cochran Vertetis Amala Law Firm who represents Cardillo. Records documenting that claim, if they still exist, could help support Cardillo’s claim that the high school and the archdiocese should be held responsible. Sexual abuse survivors and their families marshaled similar arguments in lawsuits against The Rockefeller University, a prominent biomedical research center in New York City. The lawsuits alleged that Dr. Reginald Archibald, a research endocrinologist who for decades treated children who were small for their age, also sexually abused many of them. In a [2018 outreach letter](http://www.rucares.org/assets/file/October%205%202018%20Statement%20regarding%20Dr.%20Reginald%20Archibald.pdf), the university alerted former patients that it had learned of credible allegations of sexual abuse against Archibald in 2004. However, Freeman, the Marsh Law Firm attorney, said its investigators learned Archibald had been the subject of a grand jury investigation for sexual abuse in 1960 and 1961. The investigation, conducted when Archibald worked at the research center, was closed without any indictment, Freeman said. She said the university should have known about that investigation and conducted its own review. That might have spared other children from abuse, she said. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Archibald Scandal, Bankruptcy, Catholic Church, Child Victims Act (CVA), Childhood Sexual Abuse, News, Scouting --- ### [How could a dad live on a college campus? Questions grow in Sarah Lawrence sex-cult scandal](https://www.jamesmarshlaw.com/how-could-a-dad-live-on-a-college-campus-questions-grow-in-sarah-lawrence-sex-cult-scandal/) **Published:** February 22, 2020 **Author:** James R. Marsh **Content:** The [indictment accusing Larry Ray of preying on Sarah Lawrence College students](http://www.lohud.com/story/news/local/westchester/yonkers/2020/02/12/sarah-lawrence-sex-extortion-details/4740643002/) — in a stunning web of manipulation, extortion, sex-trafficking and money-laundering — answered many questions, but not THE question. Sarah Lawrence alumni and even its president have tried to figure out how a dad could move into his daughter’s on-campus apartment without the college knowing about it. They pointed to the private, apartment-style setup of his daughter’s Slonim Woods dorm where Ray arrived — [straight from prison ](http://www.lohud.com/story/news/crime/2020/02/11/lawrence-ray-sarah-lawrence-college-sex-trafficking/4724419002/)— in late September 2010 and stayed through the spring semester of 2011. Green’s role in the Ray case was also cited in an October 2019 sexual discrimination and retaliation lawsuit against the college involving a former student who claims the college failed to protect her from a fellow student she accused of rape. The plaintiff, listed as Jane Doe to protect her identity, lives in Dallas, Texas. [The suit](https://www.jamesmarshlaw.com/doc-1-complaint/) says Green’s actions, including brushing aside the parents’ concerns in two meetings and being aware of “The Truth” email, suggest a history of mishandling accusations that came to the college’s attention. Green is among the defendants in that suit. “The conduct alleged here is outrageous,” William Sweeney, assistant director-in-charge of the FBI in New York, said in announcing the case against Ray, 60. “It makes you angry. If you’re not angry, you don’t have a soul.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Campus Sexual Assault, Cases, News, Title IX --- ### [Leader, lawyer react to Boy Scouts of America bankruptcy](https://www.jamesmarshlaw.com/leader-lawyer-react-to-boy-scouts-of-america-bankruptcy/) **Published:** February 18, 2020 **Author:** James R. Marsh **Content:** WATERTOWN, N.Y. (WWNY) – After being hit by lawsuits amounting to millions and millions of dollars, the Boys Scouts of America is filing for Chapter 11 bankruptcy. According to a special [website](http://www.bsarestructuring.org/) created by the Boy Scouts, one reason for the bankruptcy filing is to “create a Trust that will provide equitable compensation to victims.” This comes after the Boy Scouts of America was hit by lawsuits amounting to millions and millions of dollars. Meanwhile, one law firm says it’s too soon to say if local scout councils will be involved in the filing. Marsh Law Firm co-represents two people suing the Boy Scouts for abuses at a St. Lawrence County scout camp. Firm founder James Marsh says the bankruptcy filing puts a freeze on lawsuits against the Boy Scouts in state courts. “Victims and survivors in the state of New York where we have the Child Victims Act, where we have this one year period, there is not a quote, unquote opportunity to hold them accountable in a state court,” he said. But, Marsh says the Boy Scouts’ move still allows victims and survivors to present their case. “This is going to happen in a forum, in which a federal bankruptcy judge is overseeing the entire matter. This is not going to be a free for all. It’s going to be a process where victims and survivors can present their claims; their claims are going to be individually considered and compensation and reconciliation is going to be made in each individual case,” he said. The filing comes six months after New York’s Child Victims Act went into effect. The law opened a one-year window for victims of childhood sexual abuse to file a lawsuit. Marsh says the timing of the Boy Scouts’ bankruptcy filing is no coincidence. “The opening of the window through the Child Victims Act in the state of New York and through so many states across the country has been really critical in bringing this to a head to the Boy Scouts of America, to make something that was once theoretical a reality that they have to address now. Or, they’re going to be subject to crippling lawsuits, in which, it would not be a reorganization bankruptcy. It would be a liquidation bankruptcy,” said Marsh. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Victims Act (CVA), Childhood Sexual Abuse, News, Scouting, Television, Video --- ### [Local, national Boy Scouts sued over ex-leader's alleged sexual abuse](https://www.jamesmarshlaw.com/local-national-boy-scouts-sued-over-ex-leaders-alleged-sexual-abuse/) **Published:** February 18, 2020 **Author:** James R. Marsh **Content:** A lawsuit has been filed against Boy Scouts of America and Heart of Ohio Council in Richland County Common Pleas Court, accusing the organizations of failing to provide a safe environment and negligence, attorneys said in a news release. Although the complaint does not yet appear in online court records, attorneys say the lawsuit was filed Friday on behalf of an Ohio boy who says he was sexually exploited by Thomas Close, [a former scout leader who was sentenced last month to 30 years in federal prison](http://www.mansfieldnewsjournal.com/story/news/2020/01/16/former-ohio-boy-scout-leader-sentenced-30-years-prison/4487857002/) for sexually exploiting children, as well as receiving and distributing child pornography. The lawsuit claims Boy Scouts of America (BSA) failed to adequately supervise Close, and that BSA has a “longstanding” problem with scout leaders sexually abusing children, producing and possessing child pornography. In Richland County, the boy is being represented by Lebanon attorney Konrad Kircher, with assistance from Paul Mones, of California, and James R. Marsh, of New York. My client and his family will hold the Boy Scouts of America accountable for the injuries he suffered,” Kircher said in a statement. “The safety of young innocent boys must be a priority for the Boy Scouts of America.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Pornography, Childhood Sexual Abuse, News, Scouting --- ### [Retired Bishop with Alzheimer’s will testify in Rochester Diocese bankruptcy case](https://www.jamesmarshlaw.com/retired-bishop-with-alzheimers-will-testify-in-rochester-diocese-bankruptcy-case/) **Published:** February 11, 2020 **Author:** James R. Marsh **Content:** ROCHESTER, N.Y. (WROC) — Retired Rochester Bishop Matthew Clark will deposed to testify in an upcoming hearing for the Diocese of Rochester’s bankruptcy case, a federal judge ruled Tuesday. Clark’s deposition will happen in the next 30 days. According to a victims attorney, the deposition could last up to three hours and a transcription will be recorded, although no sound or video recording device will be used. Also happening Tuesday in court, the judge set a bar for alleged victims to file claims. All claims need to be submitted to Rochester Bankruptcy Court on, or before, August 14, 2020. The claims form was also finalized in court Tuesday. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Bankruptcy, Catholic Church, Child Victims Act (CVA), Childhood Sexual Abuse, News, Video --- ### [Two more former D&C paperboys allege sexual abuse](https://www.jamesmarshlaw.com/two-more-former-dc-paperboys-allege-sexual-abuse/) **Published:** November 1, 2019 **Author:** James R. Marsh **Content:** Paul Tracy was 13 years old in 1980 when he decided he wanted to be a paperboy. The job represented the chance to earn his own money and having the corresponding freedom that comes with it. The Democrat and Chronicle morning route he soon got encompassed about 300 customers in the Suburban Court and Clintwood Court apartment complexes located in Brighton. All went well for the first few years. Then, sometime around 1983, a new district manager was assigned to Tracy. His name was Jack Lazeroff. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Cases, Child Victims Act (CVA), Childhood Sexual Abuse --- ### [Hurry up and wait: Lawyers, survivors see little motion on early CVA cases](https://www.jamesmarshlaw.com/hurry-up-and-wait-lawyers-survivors-see-little-motion-on-early-cva-cases/) **Published:** January 23, 2020 **Author:** James R. Marsh **Content:** ALBANY – Six months after the Child Victims Act went into effect, survivors and lawyers say hundreds of lawsuits have stalled in the pre-trial discovery stages. In August, the act opened a one-year look-back period temporarily eliminating the civil statute of limitations on child sex abuse cases, allowing survivors of all ages to lodge lawsuits against their alleged offenders. The first filing day, Aug. 14, saw more than 400 lawsuits – and there have been about 1,000 more statewide in the months since. But as attorneys await evidence from defendants, several cases have reached an impasse, leaving survivors waiting far after the closure of the look-back window to take their cases to trial or pursue settlements. Only a handful of cases have been settled, and the earliest trials are expected to take place in 2021 – but some have been scheduled as far as out 2023, attorneys said. “We hear mostly from clients – in any case – it’s a longer process than a person who’s not in the legal system expects or wants,” said Jennifer Freeman, an attorney with Marsh Law Firm, which has offices in Manhattan and White Plains. “You think you can go to trial in a few months, and it just doesn’t work like that.” The Marsh Law Firm has filed about 50 cases under the Child Victims Act and expects to file hundreds more before the end of the look-back period, Freeman said. She said her firm has settled a small number of cases, particularly with Rockefeller University, but most settlement discussions will begin after evidence has been collected, which can take months or years. “The cases are still very early in each of their lives,” she said. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Catholic Church, Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [NY Lawsuit Targets Shuttered Sex Marketplace Backpage](https://www.jamesmarshlaw.com/ny-lawsuit-targets-shuttered-sex-marketplace-backpage/) **Published:** January 21, 2020 **Author:** James R. Marsh **Content:** A woman who says she was exploited for years starting at age 12 by a sex trafficker who used the shuttered website Backpage.com to sell her is suing the founders of the site under [New York](http://www.usnews.com/news/best-states/new-york)‘s Child Victims Act, which loosened the statute of limitations for child sex abuse. The lawsuit filed Tuesday in state court in Manhattan by Melanie Thompson, now 23, charges that the men who ran Backpage advertised her for sex even though they knew she was a minor, masking her age in the ads to keep law enforcers at bay. Thompson is being represented by the Seattle-based law firm of Pfau Cochran Vertetis Amala, which won a settlement against Backpage in Washington state in 2017 on behalf of three women who said they were sold for sex on the site as teens. Jason Amala, one of Thompson’s attorneys, said New York’s restrictive statute of limitations for sex abuse made it difficult for Backpage victims to file lawsuits in the state before the Child Victims Act was enacted last year. Under the act, people who were sexually abused as minors can file civil lawsuits up until the age of 55. Prior to the passage of the act, they had to file their complaints before turning 23, Amala said. Amala said Thompson’s lawsuit should inspire other New Yorkers who were victimized by Backpage to follow suit. “I think she’s hoping that other people will come forward, particularly in New York, because the statute was so conservative,” he said. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [Attorney Discusses Level Of Response To Groundbreaking ‘Child Victims Act’](https://www.jamesmarshlaw.com/attorney-discusses-level-of-response-to-groundbreaking-child-victims-act/) **Published:** January 17, 2020 **Author:** James R. Marsh **Content:** Jennifer Freeman shares her insight on the law, which opens a one-year window for molestation claims to be filed no matter how long ago it happened. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Archibald Scandal, Catholic Church, Child Victims Act (CVA), Childhood Sexual Abuse, News, Television, Video --- ### [Statute of Limitations Can Thwart Child Sex Abuse Victims' Search For Justice: Lawyer](https://www.jamesmarshlaw.com/statute-of-limitations-can-thwart-child-sex-abuse-victims-search-for-justice-lawyer/) **Published:** January 15, 2020 **Author:** James R. Marsh **Content:** A decades-old sex abuse investigation into a retired Sarasota pastor is raising questions about Florida’s statute of limitations law and how it affects a victim’s search for justice. When police arrested Henry Porter earlier this month, they said they knew about his alleged victims for years. But the statute of limitations prevented them from making an arrest. WUSF’s Kerry Sheridan spoke with Jennifer Freeman, a lawyer who specializes in child sex abuse and child pornography cases. She says it often takes decades for victims to come forward. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Pornography, Childhood Sexual Abuse, News, Radio --- ### [2 more sue alleging sex abuse by late Orange County priest](https://www.jamesmarshlaw.com/2-more-sue-alleging-sex-abuse-by-late-orange-county-priest/) **Published:** December 3, 2019 **Author:** James R. Marsh **Content:** Two more men have filed lawsuits alleging that a priest at Holy Cross Church in Wawayanda sexually abused them for years while their families belonged to the church and they were altar boys in the 1970s and 1980s. The cases were filed in state Supreme Court in Orange County last week on behalf of Russell Coelho, who now lives in Milford, Pa., and Kevin Dow, who lives in Tampa. Each suit is seeking damages from the Middletown-based Carmelite order that runs the church and was brought under the Child Victims Act, a state law enacted this year that gave past victims of childhood sexual abuse a one-year opportunity to sue their abusers and the institutions that employed them. The priest accused of molesting Coelho and Dow was the Rev. George Boxelaar, who left the priesthood in 1985 and died in 1990 after returning to his native Holland. He had worked in Orange County for nearly 30 years at Holy Cross, Our Lady of Mount Carmel in Middletown and Our Lady of the Scapular Church in Unionville. The lawsuits allege Boxelaar sexually abused at least 30 children during his time in Orange County. Both cases were filed by two firms that teamed up for Child Victims Act cases: Marsh Law Firm, which has offices in White Plains, and Seattle-based Pfau Cochran Vertitis Amala. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Catholic Church, Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [Violence faite aux femmes : l’État de New York change ses lois](https://www.jamesmarshlaw.com/violence-faite-aux-femmes-letat-de-new-york-change-ses-lois/) **Published:** November 25, 2019 **Author:** James R. Marsh **Content:** En cette Journée internationale pour l’élimination de la violence à l’égard des femmes, des manifestations ont eu lieu aujourd’hui dans plusieurs pays. Selon les Nations unies, une femme sur trois subit, au cours de sa vie, des violences physiques ou sexuelles, souvent lorsqu’elle est mineure. Depuis l’explosion du mouvement « Me Too », il y a deux ans, une vingtaine d’États américains ont modifié leurs lois pour allonger les délais de prescription. Des dizaines de milliers de victimes ont ainsi pu entamer des poursuites contre leurs agresseurs. Et l’État de New York fait partie des plus progressistes, comme le rapporte Sophie Langlois. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Archibald Scandal, Catholic Church, Child Victims Act (CVA), Childhood Sexual Abuse, Epstein, News, Video --- ### [Surge of new abuse claims threatens church like never before](https://www.jamesmarshlaw.com/surge-of-new-abuse-claims-threatens-church-like-never-before/) **Published:** December 3, 2019 **Author:** James R. Marsh **Content:** It’s a financial reckoning playing out in such populous Catholic strongholds as New York, California and New Jersey, among the eight states that go the furthest with “lookback windows” that allow sex abuse claims no matter how old. Never before have so many states acted in near-unison to lift the restrictions that once shut people out if they didn’t bring claims of childhood sex abuse by a certain age, often their early 20s. AP interviews with more than a dozen lawyers and clergy abuse watchdog groups offered a wide range of estimates but many said they expected at least 5,000 new cases against the church in New York, New Jersey and California alone, resulting in potential payouts that could surpass the $4 billion paid out since the clergy sex abuse first came to light in the 1980s. This summer, when [New York state](http://apnews.com/d0881aa1c81b45af9ca78143d077fd23) opened its one-year window allowing sexual abuse suits with no statute of limitations, more than 400 cases against the church and other institutions were filed on the first day alone. That number is now up to more than 1,000, with most targeting the church. Already, longtime clergy abuse lawyer Michael Pfau in Seattle says he’s signed up about 800 clients in New York, New Jersey and California. Boston’s Garabedian says he expects to file 225 in New York, plus at least 200 in a half-dozen other states. Another veteran abuse litigator, James Marsh, says he’s collected more than 200 clients in New York alone. “A trickle becomes a stream becomes a flood,” Marsh said. “We’re sort of at the flood stage right now.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Catholic Church, Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [The Boy in the Video](https://www.jamesmarshlaw.com/the-boy-in-the-video/) **Published:** December 3, 2019 **Author:** James R. Marsh **Content:** The story starts with an everyday event – a WhatsApp message to a group set up by mums at the school gates to discuss missing jumpers and school trips. But this message contains a video of a little boy being sexually abused. And one of the group members happens to be a BBC radio producer. So begins an investigation into the dark world of child sexual exploitation as she tries to find out what happened to the boy. Has he been rescued? Is his abuser in jail? Along the way she meets the police trying to combat the online proliferation of images and videos of children being abused – millions are in circulation, shared on social media platforms as if they are funny cat memes. She asks what we should do about the 450 men arrested every month for viewing and sharing this material. At the moment, end-to-end encryption means WhatsApp is a safe haven for offenders – are the tech firms doing enough? “It’s only been very recently that victims have become more empowered in these cases to reclaim that space in terms of their victimology, really trying to assert that this is not a victimless crime, these are not harmless pictures, and they have voices that deserve to be heard. You are sort of always walking a fine line in trying to push the narrative forward without causing further damage embarrassment humiliation to the victim.” James R. Marsh ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Pornography, Childhood Sexual Abuse, News, Radio --- ### [More former paperboys say a Democrat and Chronicle supervisor sexually abused them](https://www.jamesmarshlaw.com/more-former-paperboys-say-a-democrat-and-chronicle-supervisor-sexually-abused-them/) **Published:** November 27, 2019 **Author:** James R. Marsh **Content:** More former paperboys are coming forward, saying they were molested by their supervisor when they worked for the Democrat and Chronicle in the 1980s. Five men contacted WXXI in the days after our story first aired on Oct. 15.  Three of them are either joining Bates’ lawsuit or filing separate legal claims against the newspaper. They said they believe Bates’ allegations of sexual abuse, because they experienced something similar when they delivered newspapers for the Democrat and Chronicle in the early 1980s. Bates’ lawsuit, which was filed on Oct. 15, claims the Democrat and Chronicle knew or should have known that Lazeroff was grooming and sexually abusing paperboys, but concealed this to protect its reputation. Lawyers for the D&C and its parent company, Gannett, denied the allegations in court papers, and a spokesperson for the companies did not reply to an email asking for a response to this story. But two of the alleged victims told WXXI News that they complained to the D&C about Lazeroff. Before he worked for the Democrat and Chronicle, Lazeroff was an assistant vice president at the former First Federal Savings and Loan at 320 E. Main St. in Rochester. He was fired in the early 1970s, according to Ellen deBuono, who was the bank’s human resources manager at the time. She said Lazeroff was fired because young men who worked at the bank complained that he had fondled them at work. Another woman who worked at First Federal said she witnessed numerous times Lazeroff sexually abusing high school-aged young men who had applied to the bank for student loans. Media reports about the initial lawsuit filed against the Democrat and Chronicle by Rick Bates led her to call Bates’ attorney, James Marsh, she said. “I just feel if something had been done 50 years ago, all of these boys after that could have been saved and their lives wouldn’t have been ruined,” Howe said.”That’s what bothers me the most.” Marsh, who now represents three other paperboys who intend to take legal action, said Lazeroff’s alleged actions at the bank are “very significant,” and demonstrate that he had a reputation for engaging in this type of behavior a decade before he supervised paperboys. Marsh questions whether the Democrat and Chronicle knew about this before hiring Lazeroff and if the company inquired about his reasons for leaving the bank. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Cases, Child Victims Act (CVA), Childhood Sexual Abuse, Radio --- ### [More Gannett paperboys allege sexual abuse](https://www.jamesmarshlaw.com/more-gannett-paperboys-allege-sexual-abuse/) **Published:** November 27, 2019 **Author:** James R. Marsh **Content:** Their stories are strikingly similar: Five middle-aged men, all former Democrat and Chronicle paperboys in Brighton in the early 1980s, who claim they were sexually abused by their supervisor while on the job. They spoke up one at a time, and mostly unbeknownst to the others, in the weeks since CITY and its media partner WXXI News first reported last month that another man, Rick Bates, sued the newspaper and its parent company, Gannett Co., for abuse he allegedly suffered as a paperboy in Brighton in 1983. Their alleged perpetrator was Jack Lazeroff, who was in his 40s when he left a career in banking and found work overseeing newspaper carriers in Brighton and, later, according to former Gannett employees who worked with him, in Irondequoit and Charlotte. In its court response to Bates’s complaint, Gannett denied that Democrat and Chronicle employees knew of, or should have known of, the alleged abuse. The company also denied knowing that Lazeroff had a propensity to commit such abuse and that the newspaper had fielded complaints about his alleged behavior. But one of the former paperboys, and the father of another, said they each complained to an employee of the newspaper. And the former head of personnel at the bank for which Lazeroff had worked said he was fired from there for molesting young male employees. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [Catholic Church Employees Views on Abuse Revealed](https://www.jamesmarshlaw.com/catholic-church-employees-views-on-abuse-revealed/) **Published:** November 25, 2019 **Author:** James R. Marsh **Content:** According to a poll, one in three employees of the Catholic Church say sex abuse or misconduct is “still a major problem” inside the church, including more than half of nuns polled. More than half of diocesan priests and three out of four nuns would not allow a child family member to go on an overnight retreat supervised by a clergy member. NBC New York’s Chris Glorioso reports. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Abuse by Nuns, Catholic Church, Child Victims Act (CVA), Childhood Sexual Abuse, News, Video --- ### [Child Victims Act faces legal challenge from Long Island Catholic diocese](https://www.jamesmarshlaw.com/child-victims-act-faces-legal-challenge-from-long-island-catholic-diocese/) **Published:** November 13, 2019 **Author:** James R. Marsh **Content:** Long Island Catholic leaders are challenging a key state law against sexual abuse in legal papers filed Wednesday in Nassau County Supreme Court. The 79-page motion “respectfully moves the court” to dismiss dozens of sexual abuse claims brought against the Rockville Centre diocese since the Child Victims Act went into effect in August. Jennifer Freeman, a lawyer whose firm represents dozens of alleged victims, slammed the church for the move. “They are now decisively moving to shield predators and hide the heinous crimes that occurred under their watch,” she said. “The Diocese of Rockville and officials within the Catholic Church are demonstrating their cowardice, hypocrisy, and refusal to do what is right.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Catholic Church, Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [Catholic Church files to challenge law protecting sex abuse victims](https://www.jamesmarshlaw.com/catholic-church-files-to-challenge-law-protecting-sex-abuse-victims/) **Published:** November 13, 2019 **Author:** James R. Marsh **Content:** The Diocese of Rockville Centre filed papers Tuesday in Nassau County Supreme Court against the act, which [changed the statute of limitations for child sex crimes](http://nypost.com/2019/02/14/cuomo-signs-law-allowing-child-sex-abuse-victims-to-sue-as-adults/) and opened up a year-long window where any child sex abuse victim can file a claim against their abuser, regardless of when the alleged crime happened. Jennifer Freeman, a lawyer with the Marsh Lawfirm that focuses on child sex abuse and pornography cases, said her firm has at least 200 clients with new claims against the Catholic Church. “They will lose because the court needs to show the legislature had an important need and important reason to change the statute of limitations,” Freeman told The Post. “The statute of limitations is not constitutionally required, either to have one or not have one.” She pointed out the church’s original support of the CVA, calling the “shocking reversal” “an aggressive assault on New York’s governor and legislature.” “This is utter hypocrisy. On the one hand they supported the passage of the Child Victims Act and now they’re saying that it’s unconstitutional,” Freeman railed. “You can’t have it both ways.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Cases, Catholic Church, Child Victims Act (CVA), Childhood Sexual Abuse --- ### [Diocese of Rockville Centre seeks dismissal of 44 abuse claims](https://www.jamesmarshlaw.com/diocese-of-rockville-centre-seeks-dismissal-of-44-abuse-claims/) **Published:** November 14, 2019 **Author:** James R. Marsh **Content:** Claims of years-ago abuse of youths by Diocese of Rockville Centre personnel should be dismissed because the state law lifting the statute of limitations is unconstitutional, the diocese says in court papers, according to one of its attorneys. Jennifer Freeman, a lawyer at the White Plains law firm Marsh that she said had filed about a dozen claims against the diocese, said in an interview that it was unusual to suspend statutes of limitations, but argued that case law allowed for it for several reasons, including to remedy injustice. “The injustice here is obvious,” she said. “There is a societal plague of child sex abuse in New York and other states.” She said it could take years for a victim to come to terms with past abuse. Freeman said allegations such as those raised in the claims could be backed up by the church’s own files and past criminal cases against alleged abusers. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Catholic Church, Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [A Catholic Diocese in New York Is Trying to Stop More Child Sex Abuse Survivors From Suing](https://www.jamesmarshlaw.com/a-catholic-diocese-in-new-york-is-trying-to-stop-more-child-sex-abuse-survivors-from-suing/) **Published:** November 14, 2019 **Author:** James R. Marsh **Content:** A Roman Catholic diocese wants the New York supreme court to throw out new lawsuits filed by childhood sex abuse survivors, challenging the constitutionality of a groundbreaking law that lets survivors sue no matter how much time has passed. But the Rockville Centre’s filing argues that the Child Victims Act violates the New York state constitution’s due process clause. Survivors could have sued before the statute of limitations on the abuse ran out, the motion also argues. The diocese’s opposition to the Child Victims Act breaks with the Catholic Bishops of New York State’s lobbying arm, the Catholic Conference. That group had long opposed the Act — but days before it passed, when its success looked all but assured, the Conference tweeted that it would now support the bill after an amendment made it clear that public institutions could be sued. “Despite the Church’s earlier support for the historic Child Victims Act, they are now decisively moving to shield predators and hide the heinous crimes that occurred under their watch,” Jennifer Freeman, a Marsh Law Firm attorney who is representing more than 700 New York childhood sexual abuse survivors, said in a statement. “With this motion, the Diocese of Rockville and officials within the Catholic Church are demonstrating their cowardice, hypocrisy, and refusal to do what is right.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Catholic Church, Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [Long Island Catholic diocese sues to end Child Victims Act](https://www.jamesmarshlaw.com/long-island-catholic-diocese-sues-to-end-child-victims-act/) **Published:** November 13, 2019 **Author:** James R. Marsh **Content:** The Rockville Centre Catholic diocese on Long Island sued to challenge the constitutionality of New York’s Child Victims Act, the year-long legislation that opens the legal recourse door for those who say they were sexually abused. Jennifer Freeman, of New York-based Marsh Law, thinks this effort will fail. “This is absurd. There’s no constitutional right to a statue of limitations,” Freeman said. “The Child Victims Act was put into place to help end the plague of child sex abuse in New York.” For attorneys like Freeman the anonymity judgment was another step in the right direction for not only her clients, but for ending the history of child abuse cover-ups. “The church can no longer shut children up,” Freeman said. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Catholic Church, Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [Sex abuse accuser takes Rockefeller University to court to see what the school knew about Dr. Reginald M. Archibald, who is named as molester](https://www.jamesmarshlaw.com/sex-abuse-accuser-takes-rockefeller-university-to-court-to-see-what-the-school-knew-about-dr-reginald-m-archibald-who-is-named-as-molester/) **Published:** November 9, 2019 **Author:** James R. Marsh **Content:** A former Rockland County judge who has accused a Rockefeller University doctor of sexually abusing him is demanding a judge unseal 60-year-old grand jury records that may shed light on what university officials knew, when they knew it and whether they should have acted. The application to unseal the records, filed Friday in Manhattan Supreme Court, requests the court make public transcripts and physical evidence presented to a grand jury in 1960 and 1961 as part of a probe into Dr. Reginald M. Archibald. “Judge Apotheker, along with hundreds of other victims and survivors of Dr. Archibald’s abuse has a compelling and particularized need for the requested grand jury materials in order to successfully prosecute his actions against Rockefeller University,” the new court petition states. Archibald, an endocrinologist who died in 2007, is accused of sexually molesting hundreds of children who were brought to him to treat growth disorders from the 1940s to the 1980s. Jennifer Freeman, who’s representing Coleman, Apotheker and hundreds of others who’ve accused Archibald of abuse, said the early 1960s probe into the doctor is important because it’s clear from the May 2019 Rockefeller report that a former university president was aware of accusations against Archibald dating back six decades. It is also clear, based on one court exhibit, that records from the 1960s exist. That exhibit, a letter from the Manhattan D.A.’s Office written in response to a Freedom of Information Law request from a law firm, shows that in 1961 there was a logbook entry including Archibald’s name and a citation of Penal Law 483, which deals with child sex abuse. Freeman said she is working under the assumption that some of the sealed records came from the school. She described the process of interviewing the hundreds of people she represents as grueling and she hopes unsealing some records will help lead them to some form of closure. “It is heartbreaking to hear story after story about how this doctor, an esteemed doctor, abused child after child in horrible ways,” she said. “This went on for 40 years. How is that even possible?” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Archibald Scandal, Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [‘If Those Were Pictures of You, You Would Understand’](https://www.jamesmarshlaw.com/if-those-were-pictures-of-you-you-would-understand/) **Published:** November 9, 2019 **Author:** James R. Marsh **Content:** Two sisters talk candidly about their lives after being sexually abused as children. It has been 10 years, but online photos and videos continue to haunt them. Two sisters from the Midwest are among the untold number of survivors of child sexual abuse who say they are unable to escape their horrific experiences because of the internet. Millions of photos and videos of children being sexually abused exist on a wide range of platforms, from Dropbox to Facebook Messenger, for criminals around the world to see. An [investigation by ](http://www.nytimes.com/interactive/2019/11/09/us/internet-child-sex-abuse.html?module=inline)[The New York Times](http://www.nytimes.com/interactive/2019/11/09/us/internet-child-sex-abuse.html?module=inline) found that the technology industry has consistently failed to take coordinated steps to shut down the illegal content. Because online predators sometimes stalk people in the photos and videos, the two sisters, now 17 and 21, do not discuss their experiences publicly for fear of being recognized. They agreed, however, to talk to The Times if they were not named. They are identified here by their first initials, F. and E. When they were 7 and 11, the sisters were sexually abused by their father. In one video, the younger sister, F., was drugged and raped by him and another man. Both men are now in prison, but the imagery continues to circulate on the web. This year alone, photos and videos of the sisters were found in over 130 child sexual abuse investigations involving mobile phones, computers and cloud storage accounts. The following has been condensed and edited for clarity from recorded conversations with the sisters and their mother. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Pornography, Childhood Sexual Abuse, News, Paroline --- ### [Child Abusers Run Rampant as Tech Companies Look the Other Way](https://www.jamesmarshlaw.com/child-abusers-run-rampant-as-tech-companies-look-the-other-way/) **Published:** November 9, 2019 **Author:** James R. Marsh **Content:** Though platforms bar child sexual abuse imagery on the web, criminals are exploiting gaps. Victims are caught in a living nightmare, confronting images again and again. The two sisters live in fear of being recognized. One grew out her bangs and took to wearing hoodies. The other dyed her hair black. Both avoid looking the way they did as children. Ten years ago, their father did the unthinkable: He posted explicit photos and videos on the internet of them, just 7 and 11 at the time. Many captured violent assaults in their Midwestern home, including him and another man drugging and raping the 7-year-old. The men are now in prison, but in a cruel consequence of the digital era, their crimes are finding new audiences. The two sisters are among the first generation of child sexual abuse victims whose anguish has been preserved on the internet, seemingly forever. This year alone, photos and videos of the sisters were found in over 130 child sexual abuse investigations involving mobile phones, computers and cloud storage accounts. The digital trail of abuse — often stored on Google Drive, Dropbox and Microsoft OneDrive — haunts the sisters relentlessly, they say, as does the fear of a predator recognizing them from the images. “That’s in my head all the time — knowing those pictures are out there,” said E., the older sister, who is being identified only by her first initial to protect her privacy. “Because of the way the internet works, that’s not something that’s going to go away.” *\[Read an [interview with the two sisters](http://www.nytimes.com/2019/11/09/us/online-child-abuse.html).\]* Horrific experiences like theirs are being recirculated across the internet because search engines, social networks and cloud storage are rife with opportunities for criminals to exploit. The scope of the problem is only starting to be understood because the tech industry has been more diligent in recent years in identifying online child sexual abuse material, with a record 45 million photos and videos flagged last year. But the same industry has consistently failed to take aggressive steps to shut it down, an investigation by The New York Times found. Approaches by tech companies are inconsistent, largely unilateral and pursued in secret, often leaving pedophiles and other criminals who traffic in the material with the upper hand.To report online child sexual abuse or find resources for those in need of help, contact the [National Center for Missing and Exploited Children](http://www.missingkids.org/gethelpnow) at 1-800-843-5678. The companies have the technical tools to stop the recirculation of abuse imagery by matching newly detected images against databases of the material. Yet the industry does not take full advantage of the tools. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Pornography, Childhood Sexual Abuse, News, Paroline --- ### [Under NYS Child Victims Act, 54-year-old man sues Diocese of Ogdensburg for childhood abuse](https://www.jamesmarshlaw.com/under-nys-child-victims-act-54-year-old-man-sues-diocese-of-ogdensburg-for-childhood-abuse/) **Published:** October 17, 2019 **Author:** James R. Marsh **Content:** PLATTSBURGH — The day M.G. turned 23, he lost the chance to sue his childhood abuser. Now, nearly three decades later, the Child Victims Act has returned his voice. In his lawsuit against what was once St. John’s Church and Academy in the city of Plattsburgh, as well as the Diocese of Ogdensburg, M.G. is suing for negligence, no apportionment of liability and outrage and intentional infliction of emotional distress. M.G. said he had been sexually abused in his mid-teens by former St. John’s priest Father Thomas Squires, who is named in the suit, and, with the state’s updated legislation, the 54-year-old said he was ready to face what his 14-year-old self couldn’t. “You’ve got the benefit of years of being bruised by life,” M.G. said. “I’m about to tell people and share a very personal story, because I think it’s important to get it out there. “If my little story can help other people be brave, I think that’s a small risk for me to take on behalf of others who are feeling that shame and guilt and anger in their life around this.” According to M.G.’s attorney, Michael Pfau, the Independent Reconciliation and Compensation Program had been about money. Pfau, from a Seattle-based law firm specializing in child sexual abuse cases, said the church had tried to lessen its number of future lawsuits. “Before the (Child Victims Act) changed, the Catholic diocese started reaching out to people who had called them for decades about their being abused,” Pfau said. “They, essentially, tried to settle their cases before the law passed.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Catholic Church, Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [Clergy abuse survivors meet face to face with leaders of Rochester Catholic diocese](https://www.jamesmarshlaw.com/clergy-abuse-survivors-meet-face-to-face-with-leaders-of-rochester-catholic-diocese/) **Published:** October 10, 2019 **Author:** James R. Marsh **Content:** Rochester, N.Y. — Rochester, N.Y. (WHAM) – For about five hours, sex abuse survivors and attorneys lobbed questions at Bishop Salvatore Matano as well as the CFO of the Catholic Diocese of Rochester. It was the first meeting of the creditors in the [diocese’s bankruptcy case, which was filed last month after being slapped with dozens of sex abuse lawsuits. ](http://13wham.com/news/local/impact-of-rochester-diocese-chapter-11-filing-on-churches-schools-and-pending-lawsuits) The ‘creditors’ in this case, is sex abuse survivors. A committee of nine survivors will help settle the cases faced by the diocese. The survivors and attorneys questioned the diocese over its finances, assets, as well as policies in place to keep children safe. “It was a moving moment when the bishop gave heartfelt apology to the survivors,” said attorney James Marsh. “And I think from the clients we represent, and the people there today, it goes beyond finances, it’s accountability.” Attorneys said it could be months before any of the sex abuse lawsuits facing the diocese are settled. “I think what matters most is whether they can keep all the promises they made today and be transparent,” said Marsh. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Bankruptcy, Cases, Catholic Church, Child Victims Act (CVA), Childhood Sexual Abuse, Television, Video --- ### [Former Brighton Democrat and Chronicle paper carrier suing Gannett for alleged abuse](https://www.jamesmarshlaw.com/former-brighton-democrat-and-chronicle-paper-carrier-suing-gannett-for-alleged-abuse/) **Published:** October 15, 2019 **Author:** James R. Marsh **Content:** ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Cases, Child Victims Act (CVA), Childhood Sexual Abuse, Video --- ### [Accused ex-D&C newspaper carrier supervisor once arrested for groping paperboys](https://www.jamesmarshlaw.com/accused-ex-dc-newspaper-carrier-supervisor-once-arrested-for-groping-paperboys/) **Published:** October 20, 2019 **Author:** James R. Marsh **Content:** A late supervisor of Democrat and Chronicle newspaper delivery carriers, who was accused in a recent lawsuit of sexually abusing a paperboy in the 1980s, was arrested in 1987 on suspicion that he was groping paperboys in a Greece doughnut shop. Jack Lazeroff, the supervisor, was charged with disorderly conduct, a violation, according to the police report. An employee of the shop, House of Donuts on Latta Road, told police that Lazeroff came into the store “almost daily with a young paperboy,” according to the report. [The report read that](http://www.scribd.com/document/431112874/Jack-Lazeroff-Arrest-Report-8-18-1987) an employee described how Lazeroff would allegedly buy the boy a doughnut, then rub the inside of the boy’s thighs as the boy ate while sitting on a stool. The employee “also stated that she feels the victims looks extremely uncomfortable at the time, and seems that he doesn’t know how to stop the suspect’s actions,” the report read. “(Witnesses) stated that they don’t know the name of the boy, but since then, the suspect has come into the shop with two other youths, and basically the same thing is happening.” Police reported that investigators interviewed three boys who claimed to have been subjected to similar groping by Lazeroff. One of them was 13 years old, and another was 14. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Cases, Child Victims Act (CVA), Childhood Sexual Abuse --- ### [Ex-D&C employee accused in Child Victims Act lawsuit once arrested for touching paperboys](https://www.jamesmarshlaw.com/ex-dc-employee-accused-in-child-victims-act-lawsuit-once-arrested-for-touching-paperboys/) **Published:** October 21, 2019 **Author:** James R. Marsh **Content:** As horror stories about sexually abusive priests began to dot the Democrat and Chronicle front page, two readers contacted the newspaper out of the blue. They challenged reporters to turn the same scrutiny on their own house. Look into a former newspaper employee named Jack J. Lazeroff, the readers said. Democrat and Chronicle reporters did begin an investigation and have found evidence that Lazeroff, who worked in the newspaper’s circulation department in the 1980s, might have been a sexual predator — and Democrat and Chronicle paperboys might have been among his prey. Lazeroff, who died in 2003, was accused in a lawsuit filed earlier this week of sexually abusing a Brighton paperboy who reported to him. The suit names the newspaper and its corporate parent, Gannett Co. Inc. The accuser, Richard L. Bates, alleged that Lazeroff molested him weekly for the entirety of 1983, when he was 11 and 12 years old. Bates says this stole his innocence and condemned him to live with guilt and anger. Lazeroff was arrested twice in the late 1980s on accusations of sexual abuse or inappropriate conduct with young males in Penfield and Greece. Some of them were *Democrat and Chronicle* carriers, police reports and court documents reveal. The suit against Gannett is the first in New York to allege sexual abuse of a young newspaper carrier. Six months after Bates wrote the *Democrat and Chronicle*, a second person independently contacted the newspaper to raise allegations about Lazeroff. Mark Adamski, a former circulation department employee, had seen a story in the paper about sexual abuse of children by Catholic priests. He sent reporters a short email that posed a question: “Why doesn’t the paper do a story about Jack Lazeroff? He preyed on the paperboys,” Adamski alleged. Adamski remembers the time period as the mid- to late 1980s. He later was told by a co-worker, Robert Bootes, that Lazeroff had been fired “for messing with a paperboy.” Pat Buttaro, whose job was to deliver papers to carriers’ homes in Charlotte, remembered an incident in the 1980s that occurred as she approached the porch of a Lake Avenue duplex with a stack of papers. “Someone, I’m assuming the paperboy’s father, opened the door and started screaming profanities at me,” Buttaro said. “‘I said ‘Calm down, could you talk to me?’ He said, ‘I never want that man ever, ever near my son.’ “I said, ‘Tell me who you mean.’ He said, ‘District manager Jack Lazeroff. Don’t ever leave these papers here again,'” Buttaro recalled in an interview several months ago. She said she summoned a supervisor to the scene. When the supervisor arrived, she recalled, she told him, “This gentleman said Mr. Lazeroff touched his son inappropriately.” The supervisor told Buttaro he would “handle it.” Buttaro’s sister, Donna Manard, who also worked in circulation at the time, said she remembered hearing the radio call for a supervisor that morning and heard about the incident afterward from her sister. Buttaro recalled that Lazeroff ceased working as that area’s district manager shortly after the incident and said she later asked a superior how the company had followed up. “I said if it happened to one, it could have happened to somebody else, and the chain of command said, ‘Don’t worry about it. Don’t talk about it,'” Buttaro said. In Bates’ view, however, Gannett officials did not look into his complaint carefully or take it seriously. He considered it “the height of hypocrisy” when he learned from a *Democrat and Chronicle* reporter earlier this year that journalists had been able to find evidence of apparent wrongdoing by Lazeroff. “I can’t even describe the anger I have toward Lazeroff and … the people at Gannett,” Bates said. “This has been with me since the first day he put his hands on me. That’s 37 years ago. I’ve had this inside me the whole time,” Bates said. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Cases, Child Victims Act (CVA), Childhood Sexual Abuse --- ### [A former paperboy's story of sexual abuse](https://www.jamesmarshlaw.com/a-former-paperboys-story-of-sexual-abuse/) **Published:** October 16, 2019 **Author:** James R. Marsh **Content:** Bates recounted a series of forced sexual acts he said he endured in 1983, when he was 11 and 12 years old, and a paperboy for the Democrat and Chronicle. Now, he is suing the newspaper and its parent company, Gannett Co., under a new state law allowing individuals who allege they were sexually abused as children to seek civil damages. A lawyer for Bates said the lawsuit would be filed Tuesday. The complaint, which was provided to CITY in advance of being filed in state Supreme Court, identifies the alleged perpetrator as Jack Lazeroff, a former employee of the Democrat and Chronicle’s circulation department. Lazeroff died in 2003 at the age of 74. The claim is thought to be the first filed under the state’s Child Victims Act on behalf of a former paperboy, an all but extinct breed that recalls a bygone era, when newspaper companies relied on children, most of them boys, to deliver their product door-to-door. “For decades, I was so used to not being able to do anything,” Bates said. “The guy was dead. I couldn’t wring his neck. I couldn’t sue. There was a statute of limitations.” The lawsuit against Gannett was months in the making. Bates wrote me in September 2018 when I was a columnist for the Democrat and Chronicle, and described in a gut-wrenching email how the abuse he allegedly endured haunted him still. “He robbed me of the chance to be me. He made me something different. I hate that he had that power over me. And I hate that he still has that power over me. I truly hate myself for that,” Bates wrote. The email went on: “I am 47 now and some shell of the man I could have been. You see, every time I get to the point of success and happiness in my life – for decades now – memories of Jack Lazeroff, and his work, come flooding back. And I destruct.” Bates had copied an editor on the email, and a human resources officer at Gannett’s corporate headquarters in McLean, Virginia, telephoned Bates in response. Another Gannett executive, the chief operating officer of local markets, Michael Kane, followed up a few weeks later with a letter to Bates that commended him for his courage and expressed horror at his story. The letter went on, though, to say that while there was no reason to doubt Bates’s sincerity, the company could not independently verify his claims or locate any complaints of a similar nature against Lazeroff, “despite diligent inquiry.” “We were able to contact several people who worked at the paper during the time when the incidents you describe allegedly occurred, including circulation department managers,” the letter read. “However, none of these individuals recalls any complaints or allegations of the kind that you describe, either against Mr. Lazeroff, or any other person.” The letter closed by saying the company was “deeply sympathetic” but that there was nothing more it could do. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Cases, Child Victims Act (CVA), Childhood Sexual Abuse --- ### [New York City potentially facing 17 more sex abuse lawsuits and millions in legal exposure](https://www.jamesmarshlaw.com/new-york-city-potentially-facing-17-more-sex-abuse-lawsuits-and-millions-in-legal-exposure/) **Published:** October 15, 2019 **Author:** James R. Marsh **Content:** The city government is potentially facing 17 new child sexual abuse lawsuits and tens of millions of dollars in legal exposure, a Manhattan law firm revealed in a [recent letter to the city comptroller](https://www.jamesmarshlaw.com/wp-content/uploads/2019/10/ComptrollerLetter.pdf). In the Oct. 11 letter, lawyer Jennifer Freeman tells Comptroller Scott Stringer her clients plan on filing “at least” 17 lawsuits against the city in the coming months and calls out the city Education Department and the Administration for Children’s Services specifically for past abuse. “A worldwide spotlight has now been placed on the wrongdoing of major religious institutions and youth organizations,” Freeman wrote Stringer. “What has remained under the radar so far, however, is the decades-old abuse of children by adults working for their own government. Indeed, while in the care of the City of New York, our clients suffered egregious sexual abuse.” Freeman did not touch on specific allegations in her letter to Stringer, but revealed details from eight of the 17 cases to the Daily News. James Marsh, a colleague of Freeman’s at the Marsh Law Firm, said that while Freeman’s letter is not a notice of claim and not required under the Child Victims Act, it gives the city the opportunity to settle the cases before lawsuits are filed — which he intends to do before the end of the year. One or more settlements could save the city money and the victims from having to relive their trauma. “It’s a win-win,” he said. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [Facebook Encryption Eyed in Fight Against Online Child Sex Abuse](https://www.jamesmarshlaw.com/facebook-encryption-eyed-in-fight-against-online-child-sex-abuse/) **Published:** October 2, 2019 **Author:** James R. Marsh **Content:** An explosion in reports of child sexual abuse imagery on the internet is prompting the authorities to step up pressure on technology companies over their use of encryption — and Facebook, which flags by far the largest amount of the material, is drawing outsize attention. The tension is part of a growing debate over privacy and policing in the digital age. Law enforcement groups have long lamented the use of encryption, a tool that protects personal data from hackers and government surveillance but also lets child predators and other criminals hide their online activities. There is increasing “international consensus, at least among law enforcement folks, that this is a serious problem,” said Sujit Raman, an associate deputy attorney general in the Justice Department. “And the companies, you know, they’re just not as engaged on the issue as they really need to be.” The New York Times reported on Saturday that Facebook Messenger, which is not encrypted, accounted for nearly two-thirds of reports last year of online child sexual abuse imagery. On Wednesday, the Justice Department said that Facebook as a whole was responsible for 90 percent of the reports. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Pornography, News --- ### [Advocates For Abuse Survivors Question Objectivity Of Independent Review of Catholic Church Practices](https://www.jamesmarshlaw.com/advocates-for-abuse-survivors-question-objectivity-of-independent-review-of-catholic-church-practices/) **Published:** October 1, 2019 **Author:** James R. Marsh **Content:** **NEW YORK (WCBS 880) —** Advocates for survivors of abuse related to the Catholic Church are hopeful but skeptical of [an independent review](http://wcbs880.radio.com/articles/news/archdiocese-ny-finishes-review-sex-abuse-crisis) that found the New York Archdiocese is actively working towards preventing abuse. Any improvement in how the Catholic Church treats children is good, according to attorney Michael Pfau, partner at Pfau, Cochran, Vertetis, Amala, in partnership with The Marsh Firm. “Of course, the baseline you start at, the Catholic Church has a dismal history,” said Pfau, who represents dozens of people who claim to have been abused within the New York archdiocese. He says there’s no way to know if the review was entirely objective. “If it is Cardinal Dolan’s handpicked investigator,” Pfau added, “if he or his control the flow of information to them, we don’t know.” The archdiocese will be facing hundreds of abuse survivors in court over the next couple of years and Pfau says that will be the real barometer, to see if things are changing in the church. “Are they going to negotiate in good faith, or are they going to more aggressively to have cases dismissed and fight the abuse survivors,” Pfau asks. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Catholic Church, Child Victims Act (CVA), Childhood Sexual Abuse, News, Radio --- ### [Speaking Out Against Child Sex Abuse in the Catholic Church](https://www.jamesmarshlaw.com/speaking-out-against-child-sex-abuse-in-the-catholic-church/) **Published:** September 23, 2019 **Author:** James R. Marsh **Content:** Hundreds of child sex abuse claims have been filed in New York since the Child Victims Act went into effect in August 2019 — including claims against priests, Boy Scout leaders, teachers, coaches, doctors. Some of the claims are now decades old. Richard Cardillo and James Burke faced abuse in the 1970s. They’re 2 of the hundreds of survivors of abuse within the Catholic Church who have filed lawsuits now that a one-year window for filing old civil claims has opened. NY State legislature Cardillo fought for nearly a decade to get the CVA passed. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Catholic Church, Child Victims Act (CVA), Childhood Sexual Abuse, News, Video --- ### [Lawsuit: Doctor, Coach Abused Boys At Renowned Youth Club](https://www.jamesmarshlaw.com/lawsuit-doctor-coach-abused-boys-at-renowned-youth-club/) **Published:** September 23, 2019 **Author:** James R. Marsh **Content:** **NEW YORK (AP)** — A new lawsuit accuses a well-known New York City boys club of sexual abuse dating to 1950. Monday’s lawsuit says a doctor and basketball coach abused 20 boys at what is now the Madison Square Boys and Girls Club. Dr. Reginald Archibald has also been accused of molesting boys at Rockefeller University Hospital. Archibald died in 2007. Ex-club members say he abused them during exams and used his club affiliation to recruit victims to his growth study. Coach Nicholas “Lefty” Antonucci is accused of grabbing boys’ genitals. The Associated Press was unsuccessful in locating Antonucci or his relatives. Lawyers believe he is also dead. The club says it “applauds the courage of those who have come forward.” The lawsuit is being filed under a one-year window opened by state lawmakers for victims to sue over decades-old abuse. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Archibald Scandal, Child Victims Act (CVA), Childhood Sexual Abuse, Madison Square Boys Club MSBC, News, Radio --- ### [An Explosion in Online Child Sex Abuse: What You Need to Know](https://www.jamesmarshlaw.com/an-explosion-in-online-child-sex-abuse-what-you-need-to-know/) **Published:** September 29, 2019 **Author:** James R. Marsh **Content:** Tech companies are reporting a boom in online photos and videos of children being sexually abused — a record 45 million illegal images were flagged last year alone — exposing a system at a breaking point and unable to keep up with the perpetrators, [an investigation by The New York Times](http://www.nytimes.com/interactive/2019/09/28/us/child-sex-abuse.html?module=inline) found. The spiraling activity can be attributed in part to a neglectful federal government, overwhelmed law enforcement agencies and struggling tech companies. And while global in scope, the problem is firmly rooted in the United States because of the role Silicon Valley plays in both the spread and detection of the material. Here are six key takeaways. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Pornography, Childhood Sexual Abuse, News --- ### [The Internet Is Overrun With Images of Child Sexual Abuse. What Went Wrong?](https://www.jamesmarshlaw.com/the-internet-is-overrun-with-images-of-child-sexual-abuse-what-went-wrong/) **Published:** September 29, 2019 **Author:** James R. Marsh **Content:** Online predators create and share the illegal material, which is increasingly cloaked by technology. Tech companies, the government and the authorities are no match. The images are horrific. Children, some just 3 or 4 years old, being sexually abused and in some cases tortured. Pictures of child sexual abuse have long been produced and shared to satisfy twisted adult obsessions. But it has never been like this: Technology companies reported a record 45 million online photos and videos of the abuse last year. More than a decade ago, when the reported number was less than a million, the proliferation of the explicit imagery had already reached a crisis point. Tech companies, law enforcement agencies and legislators in Washington responded, committing to new measures meant to rein in the scourge. [Landmark legislation](http://www.congress.gov/bill/110th-congress/senate-bill/1738)passed in 2008. Yet the explosion in detected content kept growing — exponentially. An investigation by The New York Times found an insatiable criminal underworld that had exploited the flawed and insufficient efforts to contain it. As with hate speech and terrorist propaganda, many tech companies failed to adequately police sexual abuse imagery on their platforms, or failed to cooperate sufficiently with the authorities when they found it. Law enforcement agencies devoted to the problem were left understaffed and underfunded, even as they were asked to handle far larger caseloads. The Justice Department, given a major role by Congress, neglected even to write mandatory monitoring reports, nor did it appoint a senior executive-level official to lead a crackdown. And the group tasked with serving as a federal clearinghouse for the imagery — the go-between for the tech companies and the authorities — was ill equipped for the expanding demands. A [paper recently published ](http://web.archive.org/web/20190928174029/http://storage.googleapis.com/pub-tools-public-publication-data/pdf/b6555a1018a750f39028005bfdb9f35eaee4b947.pdf)in conjunction with that group, the National Center for Missing and Exploited Children, described a system at “a breaking point,” with reports of abusive images “exceeding the capabilities of independent clearinghouses and law enforcement to take action.” It suggested that future advancements in machine learning might be the only way to catch up with the criminals. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Pornography, Childhood Sexual Abuse, News --- ### [He Sued Over a Priest’s Abuse. Then the Diocese Filed for Bankruptcy.](https://www.jamesmarshlaw.com/he-sued-over-a-priests-abuse-then-the-diocese-filed-for-bankruptcy/) **Published:** September 26, 2019 **Author:** James R. Marsh **Content:** For some, the departure from state court is not a major setback. Jake Giovati, 30, who said he had been abused by a priest at one of the diocese’s parishes when he was about 10, said he believed the diocese was still being held to answer. “In my mind, filing for bankruptcy is them looking at those claims and seeing them as so credible that they do not believe they could denounce those in court,” Mr. Giovati said. But many others see the bankruptcy as a circumvention of the justice that can be delivered in civil court and in direct defiance of the state’s new Child Victims Act, which the Catholic Church spent millions of dollars trying to fight. More than 20 Catholic dioceses and religious orders in the United States, including the San Diego diocese**,** have filed for bankruptcy over the past 15 years, according to [BishopAccountability.org](http://bishopaccountability.org/). Rochester is the first of the eight New York dioceses to do so. Overseeing 12 counties in Western New York where more than 300,000 Catholics reside, its assets are estimated at $50 million to $100 million, while its financial liabilities are $100 million to $500 million, according to documents filed in federal bankruptcy court. Plaintiffs who have already filed cases and any forthcoming claimants will be channeled through bankruptcy court, where they become creditors eligible for a portion of a settlement fund negotiated by a committee of abuse survivors. The payout hinges on what the diocese is worth. That can get slippery. When dioceses have filed for bankruptcy in other states, they have been able to pay claims through insurers, reserves and the sale of nonsecular property, such as a chancery building or a mall, said Michael T. Pfau, a lawyer whose firm has represented child sexual abuse victims across the nation. “It is not going to mean that there will be a wholesale sell-off of churches, hospitals and schools,” he said. “It has never happened and it’s not going to happen in Rochester.” Bishop Matano has framed the filing as the “fairest course of action” to address a growing pool of victims, suggesting that otherwise there would be a race to the courtroom and the first round of plaintiffs would take all of the available funds. “That is a grossly oversimplified talking point,” Mr. Pfau said. “Catholic dioceses and religious orders all over the country have resolved claims without filing for bankruptcy and they have done that through good faith negotiations with abuse survivors and their plaintiffs’ counsel.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Bankruptcy, Catholic Church, Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [‘Basketball Diaries’ coach sexually abused young boys: suit](https://www.jamesmarshlaw.com/basketball-diaries-coach-sexually-abused-young-boys-suit/) **Published:** September 24, 2019 **Author:** James R. Marsh **Content:** The coach who inspired a character in “The Basketball Diaries” sexually abused young boys from the 1950s through the 1980s, according to a lawsuit filed by 20 alleged victims against the Madison Square Boys and Girls Club. Nicholas Antonucci, the club’s long-time gym director and basketball coach, allegedly “fondled boys’ genitals” inside the gym, locker room, closets and swimming pool in view of other staffers, according to the Manhattan Supreme Court lawsuit filed Monday. Jim Carroll’s 1978 memoir “The Basketball Diaries” — later adapted into a movie starring Leonardo DiCaprio — detailed a gym coach “Lefty,” based on Antonucci, who “likes to do funny things to you like put his hands between your legs,” according to the lawsuit. In the 1995 movie, Lefty’s character was renamed Swifty to avoid lawsuits, the court papers say. “For years, as MSBC claimed that it provided young boys with a safe place to belong and stay out of trouble, it was instead giving serial child predators unfettered and unsupervised access to thousands of New York City children,” Jennifer Freeman, one of the plaintiffs’ lawyers said. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Victims Act (CVA), Childhood Sexual Abuse, Madison Square Boys Club MSBC, News --- ### [20 men sue Madison Square Boys and Girls Club over alleged abuse by 'Basketball Diaries' coach and doctor](https://www.jamesmarshlaw.com/20-men-sue-madison-square-boys-and-girls-club-over-alleged-abuse-by-basketball-diaries-coach-and-doctor/) **Published:** September 25, 2019 **Author:** James R. Marsh **Content:** Twenty men have filed suit against the Madison Square Boys & Girls Club, alleging the organization was negligent in allowing alleged sexual abuse by two staff members, one of whom was depicted in the 1978 memoir “The Basketball Diaries.” The complaint alleges gym director Nicholas “Lefty” Antonucci and “pool doctor” Dr. Reginald Archibald routinely and systematically abused boys at the club, and that the club “failed to address sexual abuse which was occurring in plain sight.” Antonucci was featured as Lefty in “The Basketball Diaries,” a memoir by Jim Carroll, the lawsuit states. The book was adapted into a movie starring Leonardo DiCaprio. An attorney who represents the alleged victims says they didn’t report the abuse at the time because of their age, family circumstances and the cultural ignorance of child sex abuse at the time. “It was a vastly different time,” attorney James Marsh told CNN. Jennifer Freeman, an attorney for the 20 men suing the club, spoke to CNN on Wednesday. “This was in plain sight,” she said. “They were abusing kids in plain sight.” The suit notes the New York County District Attorney’s office investigated Archibald “in or about 1960” for abuse allegations surrounding his work as a physician at Rockefeller University Hospital. “As far as I know there was a grand jury subpoena issued,” Freeman said, however, “he was not charged.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Victims Act (CVA), Childhood Sexual Abuse, Madison Square Boys Club MSBC, News --- ### ['Basketball Diaries' coach named in Madison Square Boys Club sex abuse lawsuit](https://www.jamesmarshlaw.com/basketball-diaries-coach-named-in-madison-square-boys-club-sex-abuse-lawsuit/) **Published:** September 24, 2019 **Author:** James R. Marsh **Content:** A former basketball coach at a venerable New York City sports club who was immortalized as “Lefty” in [Jim Carroll](http://www.today.com/popculture/jim-carroll-poet-punk-rocker-dies-wbna32835061)’s searing memoir “The Basketball Diaries” has been branded a serial sexual predator in a new lawsuit. Nicholas Antonucci and others at what was then called the Madison Square Boys Club allegedly molested dozens of boys between 1950 and 1980, the suit alleges. “For years, as MSBC claimed that it provided young boys with a safe place to belong and stay out of trouble, it was instead giving serial child predators unfettered and unsupervised access to thousands of New York City children,” said attorney Jennifer Freeman, who represents 20 people who are suing the club, which is now known as the [Madison Square Boys & Girls Club.](http://www.madisonsquare.org/) Their lawsuit was filed under the [Child Victims Act,](http://www.nbcnews.com/news/us-news/hundreds-filed-lawsuits-under-child-victims-act-new-york-n1042351) which is providing a one-year window for people who say they were molested in New York to sue regardless of when the acts took place. Carroll, a writer and punk musician who died in 2009, described his encounter with Antonucci in the first chapter of his memoir, which was published in 1978. “He likes to do funny things to you like put his hand between your legs,” Carroll wrote. “When he did this I got keenly suspicious. I guess I better not tell my mother about it.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Victims Act (CVA), Childhood Sexual Abuse, Madison Square Boys Club MSBC, News --- ### [Lawsuit: Staten Island man among sex-abuse victims of infamous doctor](https://www.jamesmarshlaw.com/lawsuit-staten-island-man-among-sex-abuse-victims-of-infamous-doctor/) **Published:** September 25, 2019 **Author:** James R. Marsh **Content:** STATEN ISLAND, N.Y. — A Staten Island man claims in a lawsuit that he was sexually abused as a child at a boys club in Manhattan by a doctor who has been the subject of numerous accusations at a hospital. The Marsh Law Firm filed a lawsuit on Tuesday in state Supreme Court in Manhattan against the Madison Square Boys and Girls Club, formerly known as the Madison Square Boys Club (MSBC), on behalf of 20 alleged sex-abuse survivors under the Child Victims Act. The victims now live throughout the United States in Arizona, Connecticut, Florida, Hawaii, New Jersey, New York, Texas and Vermont, according to the lawsuit. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Archibald Scandal, Child Victims Act (CVA), Childhood Sexual Abuse, Madison Square Boys Club MSBC, News --- ### [Silver lining in Epstein saga: New focus on victims’ rights](https://www.jamesmarshlaw.com/silver-lining-in-epstein-saga-new-focus-on-victims-rights/) **Published:** September 17, 2019 **Author:** James R. Marsh **Content:** NEW YORK — The Jeffrey Epstein case has brought national attention to victims’ rights, from prosecutors shunning Epstein’s accusers more than a decade ago to the same women speaking about their suffering at an extraordinary court hearing last month. If there was a silver lining to the saga, attorneys for the women said, it was the emphasis on the victims that permeated the most recent proceedings — a night-and-day difference from their treatment the first time Epstein found himself under federal investigation. That enthusiasm was dampened Monday when a federal judge in Florida denied Epstein’s accusers compensation from the U.S. Justice Department, even after ruling that prosecutors violated their rights by failing to consult them about the 2008 plea deal they reached with Epstein. Jennifer Freeman, a longtime attorney for child sex abuse victims, likened the hearing to the 2018 sentencing in Michigan of disgraced former sports doctor Larry Nassar, in which 156 women read victim-impact statements over seven days. “This is part of a seismic shift in our culture and our legal system,” Freeman said. “It’s an enormous step forward.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Victims Act (CVA), Epstein, News --- ### [Window for sex abuse claims against Diocese of Rochester could soon close](https://www.jamesmarshlaw.com/window-for-sex-abuse-claims-against-diocese-of-rochester-could-soon-close/) **Published:** September 13, 2019 **Author:** James R. Marsh **Content:** Rochester, N.Y. (WHAM) – Most the lawsuits filed under the newly enacted Child Victims Act name the Diocese of Rochester, which is much of the reason why it filed for Chapter 11 bankruptcy Thursday. That law, which went into effect last month, opened a year-long window for sex abuse victims to file lawsuits against their alleged accusers. That included the Catholic Church. “So all the cases that have been filed in state court, our cases, all the cases being drafted – all those need to be consolidated, and will be consolidated before the bankruptcy judge,” said attorney James Marsh, who is representing survivors of clergy abuse. Marsh says this is a tactic being used by the diocese to expedite settlements for all the clergy abuse cases. He says, this way, the cases will move along faster and survivors will get settlements. “That’s the fresh start you hear about in bankruptcy,” said Marsh. Now, a bankruptcy judge will set what’s called a “bar date,” which is a deadline for claims to be submitted. Marsh says it’s possible this will happen sooner than later, and survivors may have much less time to bring case forward than under the CVA. “That’s why it’s so important for the people in the Diocese of Rochester to understand they probably won’t have until August,” said Marsh. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Cases, Catholic Church, Child Victims Act (CVA), Childhood Sexual Abuse, News, Television, Video --- ### [Buffalo bishop mulling bankruptcy as Rochester Diocese files for Chapter 11](https://www.jamesmarshlaw.com/buffalo-bishop-mulling-bankruptcy-as-rochester-diocese-files-for-chapter-11/) **Published:** September 13, 2019 **Author:** James R. Marsh **Content:** The Buffalo Diocese was still considering seeking bankruptcy protection Thursday after the neighboring Rochester Diocese took that route to deal with a landslide of lawsuits over its handling of clergy sexual abuse of children. The Rochester Diocese became the first Catholic diocese in the state to file for Chapter 11 bankruptcy protection. Nineteen of the 20 largest unsecured claims it listed in the court papers filed in U.S. Bankruptcy Court were lawsuits brought against the Rochester Diocese under the Child Victims Act. While the Buffalo Diocese already faces three times as many lawsuits as the Rochester Diocese, it has fewer net assets than its neighbor to the east, according to financial statements of both dioceses. Buffalo Bishop Richard J. Malone said last week that he felt like he was “at a crossroads” over whether to file for Chapter 11 reorganization or to litigate cases filed under the Child Victims Act. “This was very predictable and, really, expected,” said attorney Michael T. Pfau of Seattle-based law firm Pfau Cochran Vertetis Amala. Pfau called bankruptcy a “legal tactic” used by dioceses “to avoid jury trials, to avoid having their secret archives exposed and their priests being deposed.” Pfau’s firm represents several plaintiffs in cases against the Rochester and Buffalo dioceses. Child Victims Act cases against the Rochester Diocese now will be put on hold in state court and likely transferred into U.S. bankruptcy court for adjudication. The bankruptcy court will set a date by which all claims against the Rochester Diocese must be filed – and that date could be sooner than the close of the Child Victims Act window in August 2020, Pfau said. The court will establish a creditors committee that includes abuse survivors to represent the interests of all claimants in developing a distribution plan. “Theoretically, they could be tried in federal district court, but what has happened in the 18 \[previous diocese bankruptcy\] cases is very few cases have been tried and the cases usually are resolved through a negotiated settlement and claims distribution process,” Pfau said. The bankruptcy filing will put the Rochester Diocese’s finances under a microscope and likely will set off a major clash over what assets are available for settlements. “They’ll have to open up their books. Their finances will be public and that’s something the Catholic Church doesn’t like to do,” Pfau said. “We will aggressively pursue all avenues of recovery. We will leave no stone unturned in determining what assets are available to make the abuse survivors whole.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Catholic Church, Child Victims Act (CVA), News --- ### [Floodgate of Lawsuits from Child Sex Abuse Victims Overwhelm NYC Institutions](https://www.jamesmarshlaw.com/floodgate-of-lawsuits-from-child-sex-abuse-victims-overwhelm-nyc-institutions/) **Published:** September 4, 2019 **Author:** James R. Marsh **Content:** Two weeks ago, the Child Victims Act was put into practice in New York, reopening the legal window for the year on past child molestation cases that were prevented by the statute of limitation. Already, 570 lawsuits have been filed. One Manhattan hospital, where a serial predator practiced for decades, has already settled with over 200 victims, even before their claims reached a court. As reported by the NY Post, at Rockefeller University Hospital, the deceased pedophile pediatrician Reginald Archibald may have abused over 1,000 children. A rush of cases brought against the hospital has already been “resolved” via settlements, said lawyers Mariann Wang and Paul Mones. They did not disclose details of the settlements. Archibald’s twisted abuse, is not the only issue. Last week, a suit was filed against Dr. Barry Dworkin for allegedly molested an 11-year-old patient in 1977 while working alongside Archibald at Rockefeller U. Dworkin, now a professor emeritus at Penn State, did not comment. A Penn State spokesman said the “deeply troubling” accusation predates Dworkin’s time at the school, but said they would look into his employment history. Rockefeller University in Manhattan, which declined to comment, is among the big institutions expected to have numerous lawsuits filed against it. Other such institutions include the Catholic Church, the Boy Scouts, and public and private schools. Nobody knows how much these institutions could be forced to pay out to victims who don’t settle and do end up in court, if their allegations are proved to be true. “I would not be surprised if it was $1 billion plus,” said Manhattan attorney Jennifer Freeman of the Marsh Law Firm. “This is decades of abuse we’re talking about.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Archibald Scandal, Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [Lawsuit launched against Leatherstocking Council](https://www.jamesmarshlaw.com/lawsuit-launched-against-leatherstocking-council/) **Published:** August 31, 2019 **Author:** James R. Marsh **Content:** A lawsuit has been launched against the Boy Scouts of America and its local Leatherstocking Council on behalf of three adult males alleging that as minors they were sexually abused by scoutmasters or assistant scoutmasters. The suit was prepared by the Marsh Law Firm PLLC of White Plains and the Pfau Cochran Vertetis Amala PLL firm of Seattle, Wash., including documents for state Supreme Court in Oneida County. Documents were provided to the Daily Sentinel in conjunction with an announcement this week involving the two firms and attorneys representing 550 childhood sexual abuse survivors across the state. It said the Diocese of Syracuse and the Boy Scouts of America have been served with lawsuits and formal discovery requests. The announcement refers to the Child Victims Act that took effect Aug. 14, allowing a one-year window for previously time-barred survivors of childhood sexual abuse to seek justice regardless of when the abuse occurred. Two other law firms on Aug. 15 announced lawsuits alleging child sexual abuse by at least five clergy who had connections to sites in Oneida County, among legal actions filed Aug. 14 against the Roman Catholic Diocese of Syracuse. The suit involving the local Leatherstocking Council includes citing one scoutmaster and three assistant scoutmasters in the alleged sexual abuse cases of three adult males who respectively currently live in Frankfort and Waverly in New York and in Alamogordo, N.M. The three adult males are identified by initials in the documents provided to the Daily Sentinel. They are demanding judgment against the Boy Scouts of America and Leatherstocking Council as defendants, together with compensatory and punitive damages to be determined at trial, the documents said. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Cases, Catholic Church, Child Victims Act (CVA), Childhood Sexual Abuse, Scouting --- ### [Child Sex Abuse Victims Sue Catholic Church, Boy Scouts](https://www.jamesmarshlaw.com/child-sex-abuse-victims-sue-catholic-church-boy-scouts/) **Published:** August 30, 2019 **Author:** James R. Marsh **Content:** A wave of legal action spurred by the passage of the Child Victims Act has emerged in New York State, where attorneys representing victims of child sex abuse on August 28 announced lawsuits against the Archdiocese of New York, the Diocese of Brooklyn, and the Boy Scouts of America. Countless lawsuits targeting a broad range of alleged predators were filed the day the law went into effect on August 14. The lawsuits unveiled on August 28 by Marsh Law Firm and Pfau Cochran Vertetis Amala, which have expertise in representing survivors of child sex abuse, were filed exactly two weeks after the law went into effect. The discovery requests ask defendants to turn over any relevant notes, letters, telephone records, photographs, sound recordings, emails, word files, and more, in addition to the accused abuser’s identifying information such as home address, telephone number, or place of employment. In one complaint against the Boy Scouts of America and its local chapter, the Greater New York Councils, attorneys said the Boy Scouts have maintained internal records called “perversion files” and sought to keep them secret. Court complaints against the Catholic Church similarly allege that the religious institution hid files and refused to address abuse even when the Archdiocese was fully aware of the wrongdoing. One lawsuit details alleged abuse from 1976 to 1979 by Father Arthur Manzione, who was employed by the Archdiocese and is charged with carrying out much of his abuse north of New York City at Sacred Heart Parish in Newburgh. The complainant accuses Manzione of abusing him in church settings from when he was 15 years old until he was 18. “Upon information and belief, the Archdiocese and Sacred Heart, their agents, servants, and employees, concealed the sexual abuse of children by Father Manzione in order to conceal their own bad acts in failing to protect children from him, to protect their reputation, and to prevent victims of such sexual abuse by him from coming forward during the extremely limited statute of limitations prior to the enactment of the CVA, despite knowing that Father Manzione would continue to molest children,” the lawsuit states. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Catholic Church, Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [Child Victims Act leaves many with no path to justice](https://www.jamesmarshlaw.com/child-victims-act-leaves-many-with-no-path-to-justice/) **Published:** August 30, 2019 **Author:** James R. Marsh **Content:** Indeed, of more than 500 lawsuits filed under the Child Victims Act since Aug. 14, nearly 97 percent have identified large institutions — namely the Catholic church or the Boy Scouts of America —instead of individuals. Fewer than 20 cases have named solely an individual or multiple individuals, according to a Times Union analysis of online court filings. Some activists, including the Child Victims Act’s most fervent supporters, are calling on New York legislators to create a public-and-private victims’ fund to compensate survivors who cannot pursue justice under the current law. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### ['Perversion files,' child sex abuse and gonorrhea: Local Boy Scouts face five new lawsuits](https://www.jamesmarshlaw.com/perversion-files-child-sex-abuse-and-gonorrhea-local-boy-scouts-face-five-new-lawsuits/) **Published:** September 3, 2019 **Author:** James R. Marsh **Content:** Five new child sexual abuse lawsuits were filed against the Boy Scouts of America in Westchester County last month, as claims pile up against the organization. The Boy Scouts has [deflected reports it’s considering bankruptcy](http://www.lohud.com/story/news/investigations/2019/08/14/boy-scouts-hit-more-lawsuits-new-york-child-victims-act-window/2003681001/) under the weight of possible legal settlements and court judgments across the country. The group is facing questions over long-secret “perversion files” of suspected and known abusers. Attorneys in many suits are accusing the scouts of setting up a system that protected pedophiles from justice and put children in direct contact with sexual predators. One lawsuit filed in Westchester’s state Supreme Court on Aug. 13 by White Plains attorney James R. Marsh said the organization tried to protect its reputation rather than its members. “The result is not surprising: for decades thousands of children were sexually abused by Boy Scout leaders, volunteers, and members,” the suit stated. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Victims Act (CVA), Childhood Sexual Abuse, News, Scouting --- ### [Attorneys Begin Unearthing “Secret Files” On Child Sex Abuse Against Catholic Church And Boy Scouts](https://www.jamesmarshlaw.com/attorneys-begin-unearthing-secret-files-on-child-sex-abuse-against-catholic-church-and-boy-scouts/) **Published:** August 28, 2019 **Author:** James R. Marsh **Content:** The defendants being served with lawsuits and discovery requests include many of New York City’s most powerful institutions – including the Catholic Church and the [Boy Scouts of America](http://cse.google.com/cse?cx=partner-pub-3088769200433409:3464733642&q=Child%20Victims%20Act&oq=Child%20Victims%20Act&gs_l=partner-generic.12...4995.4995.0.7011.0.0.0.0.0.0.0.0..0.0.gsnos%2Cn%3D13...0.0jj2....34.partner-generic..0.0.0.). “For decades, institutions like the Catholic Church and [Boy Scouts](http://cse.google.com/cse?cx=partner-pub-3088769200433409:3464733642&q=Child%20Victims%20Act&oq=Child%20Victims%20Act&gs_l=partner-generic.12...4995.4995.0.7011.0.0.0.0.0.0.0.0..0.0.gsnos%2Cn%3D13...0.0jj2....34.partner-generic..0.0.0.) have refused to acknowledge the abuse they allowed to occur under their watch, while hiding their ‘secret files’ behind lock and key. But thanks to the CVA, survivors finally have the right and the power to get at the truth. Starting today, these institutions are on notice – they can try to deny their complicity, but the real and unvarnished story will come out in court,” said the Marsh Law Firm’s Jennifer Freeman, a sexual abuse attorney who represents hundreds who are filing suit under New York’s new law. “Institutions that harbored child sex abusers have had countless opportunities to come clean and release their ‘secret files’ on abusers within their ranks. They failed to do so, choosing instead to deny justice and resolution to survivors. By serving these lawsuits and beginning the discovery process, we’ll finally be able to access the files that hold the key to holding these institutions accountable,” said Michael Pfau of Pfau Cochran Vertetis Amala PLLC, a sexual abuse attorney who has represented hundreds of sexual abuse survivors around the country and who is helping hundreds more in New York. The Marsh Law Firm PLLC and Pfau Cochran Vertetis Amala (PCVA) PLLC, two of the leading law firms in the United States fighting for the rights of sexually exploited children, are working together to represent survivors of sexual abuse in the New York City area. They have worked with thousands of victims of abuse committed by Catholic clergy, the [Boy Scouts of America](http://cse.google.com/cse?cx=partner-pub-3088769200433409:3464733642&q=Child%20Victims%20Act&oq=Child%20Victims%20Act&gs_l=partner-generic.12...4995.4995.0.7011.0.0.0.0.0.0.0.0..0.0.gsnos%2Cn%3D13...0.0jj2....34.partner-generic..0.0.0.), and Dr. Reginald Archibald at Rockefeller University. The Marsh Law Firm has represented victims of child sex abuse and child pornography in the United States Supreme Court, in courts throughout the country, and by spearheading major law reform in Congress and the New York legislature. PCVA has represented thousands of abuse victims across the country, including victims of abuse committed by the Catholic Church and[ Boy Scouts](http://cse.google.com/cse?cx=partner-pub-3088769200433409:3464733642&q=Child%20Victims%20Act&oq=Child%20Victims%20Act&gs_l=partner-generic.12...4995.4995.0.7011.0.0.0.0.0.0.0.0..0.0.gsnos%2Cn%3D13...0.0jj2....34.partner-generic..0.0.0.); and girls who were sold for sex on backpage.com, which resulted in the seizure and closure of that website by federal authorities and forcing other websites to shut down their child sex trafficking ads. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Catholic Church, Child Victims Act (CVA), Childhood Sexual Abuse, News, Scouting --- ### [Flow of lawsuits involve childhood sexual abuse](https://www.jamesmarshlaw.com/flow-of-lawsuits-involve-childhood-sexual-abuse/) **Published:** August 25, 2019 **Author:** James R. Marsh **Content:** Jason Amala, an attorney with Seattle-based law firm Pfau Cochran Vertetas Amala who along with the Marsh Law Firm in White Plains is handling about 60 New York lawsuits against various councils of the Boy Scouts of America, and 175 claims against New York Catholic Church Dioceses. All total, his firm alone has 550 New York cases for the Child Victims Act against various institutions and people. “There’s more to come,” he said. “We’re getting 10 to 12 calls a day from new people wanting to tell their story.” Amala says that when people initially call a law firm to seek information about making a claim, there often is a bit of counseling involved. “For probably a third of our clients, we are the first people they have ever told,” Amala said. “The vast majority of our clients have never filed a claim since they were kids. … This is a really big step for them.” People want to move on. Go to college. Start a family. “The last thing they are thinking is to bring a lawsuit,” he said. But, the memories of abuse don’t fade, he said. In cases like those against the Boy Scouts of America, Amala speculates there could be countless victims, a sentiment echoed in court papers. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Catholic Church, Child Victims Act (CVA), Childhood Sexual Abuse, News, Scouting --- ### [More Lawsuits Filed Against Buffalo Diocese, Boy Scouts](https://www.jamesmarshlaw.com/more-lawsuits-filed-against-buffalo-diocese-boy-scouts/) **Published:** August 28, 2019 **Author:** James R. Marsh **Content:** Buffalo, NY (WBEN) Attorneys representing 550 survivors across New York State have announced that the Buffalo Diocese and the Boy Scouts of America have been served with lawsuits and formal discovery requests….starting with decades worth of evidence on child sex abusers, including the Catholic Church’s “secret files” and the Boy Scouts’ “ineligible volunteer files.” “For decades, institutions like the Catholic Church and Boy Scouts have refused to acknowledge the abuse they allowed to occur under their watch, while hiding their ‘secret files’ behind lock and key. But thanks to the CVA, survivors finally have the right and the power to get at the truth. Starting today, these institutions are on notice – they can try to deny their complicity, but the real and unvarnished story will come out in court,” said the Marsh Law Firm’s Jennifer Freeman, a sexual abuse attorney who represents hundreds who are filing suit under New York’s new law. “Institutions that harbored child sex abusers have had countless opportunities to come clean and release their ‘secret files’ on abusers within their ranks. They failed to do so, choosing instead to deny justice and resolution to survivors. By serving these lawsuits and beginning the discovery process, we’ll finally be able to access the files that hold the key to holding these institutions accountable,” said Michael Pfau of Pfau Cochran Vertetis Amala PLLC, a sexual abuse attorney who has represented hundreds of sexual abuse survivors around the country and who is helping hundreds more in New York. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Catholic Church, Child Victims Act (CVA), Childhood Sexual Abuse, News, Radio, Scouting --- ### [Buffalo Diocese faces second federal lawsuit over former priest](https://www.jamesmarshlaw.com/buffalo-diocese-faces-second-federal-lawsuit-over-former-priest/) **Published:** August 28, 2019 **Author:** James R. Marsh **Content:** Also this week, the Buffalo Diocese was served with formal legal discovery requests for documents by two law firms working in partnership on lawsuits filed under the Child Victims Act. The Marsh Law Firm and Pfau Cochran Vertetis Amala asked for records on 10 priests accused of abuse in an Aug. 14 lawsuit, including any documents on them that were sent or received by the Vatican or any law enforcement agency, any records on the men in the diocese’s “secret archives,” and any therapy, medical and counseling records “relating to sexual deviancy treatment.” The diocese has 20 days to respond to the records request or object to the court. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Cases, Catholic Church, Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [Law firms sue Catholic church and Boy Scouts for “secret files” on alleged sex abusers](https://www.jamesmarshlaw.com/law-firms-sue-catholic-church-and-boy-scouts-for-secret-files-on-alleged-sex-abusers/) **Published:** August 28, 2019 **Author:** James R. Marsh **Content:** Two law firms say they are suing the Boy Scouts of America, the New York Archdiocese and the Diocese of Brooklyn over “secret files” that they claim would reveal “decades worth of evidence” about alleged child sex abusers. Marsh Law Firm PLLC and Pfau Cochran Vertetis Amala PLLC say they will represent 550 people who claim they were abused by Catholic Church and Boy Scout leaders. The attorneys say the lawsuits and formal discovery requests will uncover what they call the Catholic Church’s “secret files” and the Boy Scouts’ “ineligible volunteer files,” including information on each of the alleged perpetrators and on each allegation of sexual abuse. The lawsuits are made possible by the one-year “lookback” window opened by the Child Victims Act. The landmark law’s lookback period enables survivors of child sexual abuse to sue their abusers or the institutions that enabled them, regardless of when the crime was committed. “For decades, institutions like the Catholic Church and Boy Scouts have refused to acknowledge the abuse they allowed to occur under their watch, while hiding their ‘secret files’ behind lock and key,” said Marsh Law Firm’s Jennifer Freeman in a statement. Freeman represents hundreds of people filing lawsuits under the new law. “But thanks to the CVA, survivors finally have the right and the power to get at the truth. Starting today, these institutions are on notice – they can try to deny their complicity, but the real and unvarnished story will come out in court,” she continued. “Institutions that harbored child sex abusers have had countless opportunities to come clean and release their ‘secret files’ on abusers within their ranks,” added Michael Pfau of Pfau Cochran Vertetis Amala in a statement. “By serving these lawsuits and beginning the discovery process, we’ll finally be able to access the files that hold the key to holding these institutions accountable.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Victims Act (CVA), Childhood Sexual Abuse, News, Scouting --- ### [Child sex abuse victim says scoutmaster sexually abused him for two years in the '60s](https://www.jamesmarshlaw.com/child-sex-abuse-victim-says-scoutmaster-sexually-abused-him-for-two-years-in-the-60s/) **Published:** August 29, 2019 **Author:** James R. Marsh **Content:** BUFFALO, N.Y. — A man who said he was sexually abused by a scoutmaster in the ’60s is one of the people who [filed a lawsuit](http://www.wkbw.com/news/local-news/boy-scouts-of-america-named-in-wny-cva-lawsuit) against the Boy Scouts of America and the Greater Niagara Frontier Council. Michael Schall said by coming forward he is advocating for his younger self, someone who had no voice at the time. Schall’s Attorney, Mike Pfau said the Boy Scouts at the time knew about thousands of perpetrators in their ranks, and that no local authorities or parents were made aware. “What chose to do is keep secret files, they call them the perversion files or ineligible volunteer files,” said Pfau. Those files contain a list of named of adult leaders accused or criminally convicted of abusing child scouts. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Cases, Child Victims Act (CVA), Childhood Sexual Abuse, News, Scouting, Television, Video --- ### [Child Victims Act lawsuits pile up as Rockefeller University Hospital settles 200-plus](https://www.jamesmarshlaw.com/child-victims-act-lawsuits-pile-up-as-rockefeller-university-hospital-settles-200-plus/) **Published:** August 31, 2019 **Author:** James R. Marsh **Content:** The Child Victims Act, passed by the state legislature in February, opened a [“look back” window](http://nypost.com/2019/02/14/cuomo-signs-law-allowing-child-sex-abuse-victims-to-sue-as-adults/) on Aug. 14 — a one-year chance to bring old cases to court. An avalanche of claims has already begun to hit local courts, and more than a dozen states are considering similar measures to extend the statute of limitations on sex crimes against children. “It’s growing daily,” said Manhattan attorney Jennifer Freeman of the Marsh Law Firm. Marsh, which also represents more than 200 alleged Archibald victims and has filed suit on behalf of 45 of them so far, also acknowledged “resolving” a number of claims, but declined to say how many or how much was paid out by the hospital. “We like to take these cases one at a time,” she added. It’s unclear how much such institutions could be forced to pay out to victims who do end up in court. “I would not be surprised if it was $1 billion plus,” Freeman said. “This is decades of abuse we’re talking about.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Archibald Scandal, Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [Long Island Hit With Dozens Of Sexual Abuse Lawsuits Under Child Victims Act](https://www.jamesmarshlaw.com/long-island-hit-with-dozens-of-sexual-abuse-lawsuits-under-child-victims-act/) **Published:** August 19, 2019 **Author:** James R. Marsh **Content:** Since Aug. 14, hundreds of lawsuits have been filed across New York State related to the [Child Victims Act](http://www.governor.ny.gov/news/governor-cuomo-announces-opening-one-year-window-under-landmark-child-victims-act), which went into effect that day. The law, signed in February by Governor Andrew Cuomo, gives a one-year grace period, eliminating the statute of limitations for sexual abuse victims. Suits have already been filed against every Catholic diocese in the state, Boy Scouts of America, Rockefeller University, schools, hospitals, nonprofits and other organizations. Marsh Law Firm PLLC and Pfau, Cochran, Vertetis, Amala PLLC filed a suit against Rockefeller University on Aug. 14 with 45 plaintiffs. They claim to represent 200 sexual abuse survivors of Dr. Reginald Archibald, a professor and physician employed at the university for approximately 40 years. Several of the plaintiffs that filed suit are from Long Island. “It’s probably one of, if not the largest, sexual abuse cases in the United States,” said attorney Michael Pfau. “This is the reality,” said Pfau, who plans to subpoena the diocese’s secret archives. “Thousands of kids were abused by Catholic priests and thousands of kids were abused by Boy Scout leaders and kids were also abused in camps, foster homes and schools. This is a big societal problem.” “Bankruptcy is a strategic tool that Catholic dioceses use for various purposes, one of which is to avoid jury trials,” Pfau said. “We can’t keep them from filing bankruptcy, but if they do, we work with the creditors’ counsel to identify and marshal all the available assets.” Marsh Law Firm and Pfau, Cochran, Vertetis, Amalia PLLC partnered to file two lawsuits against the Rockville Centre Diocese. Plaintiff S.T. was a stand-alone lawsuit and the other seven plaintiffs were grouped together: - Charles D’Estries was allegedly abused by Father William Karvelis at St. Patricks, Bay Shore, and took trips to Father Karvelis’ home from 1968 to 1970 while the plaintiff was 13 to 15 years old. - Plaintiff K.L. was allegedly abused by Father John Mahoney at St. Barnabas, Bellmore, including in the sacristy and during altar boy services, in 1968 while the plaintiff was 10 years old. - Jeffrey Kreutz was allegedly abused by Father Steven Peterson in the rectory of Good Shepherd, Holbrook, and St. Joseph’s, Ronkonkoma, during counseling sessions and visits to Kreutz at a juvenile detention center from 1972 to 1978 while the plaintiff was 10 to 16 years old. - Plaintiff G.E.P. was allegedly abused by Father William Burke during school activities and in a room at St. Lawrence Parochial School, Sayille, in 1972 while the plaintiff was 7 years old. - Plaintiff Gerald Dacuk was allegedly abused by Father William Burke and Father Alfred Soave during school activities and rooms in St. Andrews, Sag Harbor, from 1974 to 1979 while the plaintiff was 8 to 14 years old. - Plaintiff Paul Kustes was allegedly abused by Father Charles Ribaudo during school activities and in Ribaudo’s office at Holy Trinity High School, Hicksville, in 1977 while the plaintiff was 15 to 16 years old. - Plaintiff J.E.D. was allegedly abused by Father Joseph Kozlowski during school activities and altar boy services at St. Hyacinth, Glen Head, and All Saints Regional Catholic School, Glen Head, from 1991 to 1992 while the plaintiff was 7 years old. - Plaintiff S.T. was allegedly abused by Father Joesph McComiskey at St. James and Phillip, St. James, including during a camping trip in 1976 while the plaintiff was 16 years old. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Archibald Scandal, Catholic Church, Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [Epstein may have gamed the system from beyond the grave](https://www.jamesmarshlaw.com/epstein-may-have-gamed-the-system-from-beyond-the-grave/) **Published:** August 21, 2019 **Author:** James R. Marsh **Content:** FORT LAUDERDALE, Fla. (AP) — The will that Jeffrey Epstein signed just two days before his jailhouse suicide puts more than $577 million in assets into a trust fund that could make it more difficult for his dozens of accusers to collect damages. Estate lawyers and other experts say prying open the trust and dividing up the financier’s riches is not going to be easy and could take years. “This is the last act of Epstein’s manipulation of the system, even in death,” said attorney Jennifer Freeman, who represents child sex abuse victims. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Childhood Sexual Abuse, Epstein, News --- ### [Jeffrey Epstein an ‘evil genius’ for filing will in the Virgin Islands](https://www.jamesmarshlaw.com/jeffrey-epstein-an-evil-genius-for-filing-will-in-the-virgin-islands/) **Published:** August 20, 2019 **Author:** James R. Marsh **Content:** Jeffrey Epstein is still making trouble for his alleged victims from the grave. “He is in some way as brilliant in death as he was in life — an evil genius,” said James Marsh, a lawyer for two Epstein accusers who added that he would either hire an associate in the Virgin Islands to help him navigate the court system there or have to pass its bar exam himself. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Victims Act (CVA), Childhood Sexual Abuse, Epstein, News --- ### [N.Y. suspended its statute of limitations on child sex abuse. A flood of claims emerged.](https://www.jamesmarshlaw.com/n-y-suspended-its-statute-of-limitations-on-child-sex-abuse-a-flood-of-claims-emerged/) **Published:** August 19, 2019 **Author:** James R. Marsh **Content:** People who were sexually abused as children often need years to process what they’ve endured. By then, it’s often too late to take legal action against those responsible. But New York and a dozen other states are exploring changing the statutes of limitations. Lisa Desjardins reports and talks to Gail Coleman, a plaintiff in one of the New York sex abuse cases, and her attorney, Jennifer Freeman. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Archibald Scandal, Child Victims Act (CVA), Childhood Sexual Abuse, News, Television, Video --- ### [New York Archdiocese sues to force insurers to cover sexual-abuse claims](https://www.jamesmarshlaw.com/new-york-archdiocese-sues-to-force-insurers-to-cover-sexual-abuse-claims/) **Published:** July 1, 2019 **Author:** James R. Marsh **Content:** The Archdiocese of New York quietly filed a lawsuit last week against dozens of insurance companies, demanding legal protection and coverage for historic childhood sexual abuse claims. The filing, which targets 32 different companies to which the church reportedly paid insurance premiums in the past, seeks to preempt attempts by those insurers to deny coverage. The suit seeks a declaration by the court that the insurance companies provide coverage for, and defend the church against, those claims. The move comes a month before the Child Victims Act goes into effect. The state law will provide a second chance to sue for people who had been unable to pursue civil action for past sexual abuse because the statute of limitations had expired. “This is an unequivocal sign that the church is getting serious about dealing with its exposure,” said James R. Marsh, an attorney representing 40 plaintiffs against the Catholic institution, in a statement. “With the New York Archdiocese facing significant financial liability after decades of heartbreaking sexual abuse, it appears that it is beginning the process of addressing its financial challenges head-on. That’s just what this filing represents: an institution seeking to ensure that liability is fairly shared with its own insurance companies.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Catholic Church, Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [Catholic archdiocese sues insurers over future abuse claims](https://www.jamesmarshlaw.com/catholic-archdiocese-sues-insurers-over-future-abuse-claims/) **Published:** July 2, 2019 **Author:** James R. Marsh **Content:** NEW YORK — The Roman Catholic Archdiocese of New York has sued more than two dozen insurance companies, seeking to compel them to cover claims filed by people who say they were abused by clerics. Church officials anticipate that numerous alleged abuse victims will sue under New York’s Child Victims Act, which gives victims a year to file claims alleging sex abuse that were previously barred by the statute of limitations. The archdiocese, the nation’s second-largest after Los Angeles, says in its lawsuit filed Friday in Manhattan state Supreme Court that many of its insurers ‘‘intend to dispute, limit, or deny coverage’’ for abuse claims filed in response to the Child Victims Act, which Democratic Governor Andrew Cuomo signed into law in February. James R. Marsh, a lawyer for 40 plaintiffs planning to sue the archdiocese for sex abuse, called the lawsuit against the insurers an important sign for abuse survivors ‘‘since it indicates that the church is preparing to defend against lawsuits by those who experienced childhood sexual abuse and possibly seeking to fund settlements using insurance money for at least some of those claims.’’ ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Catholic Church, Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [New York grants a reprieve for victims of child sexual abuse](https://www.jamesmarshlaw.com/new-york-grants-a-reprieve-for-victims-of-child-sexual-abuse/) **Published:** August 15, 2019 **Author:** James R. Marsh **Content:** A SURVIVOR of child sexual abuse in New York state previously had until the age of 23 to file charges or a civil claim against his or her abuser. It takes time to reckon with such malevolence, and to feel comfortable talking about the abuse, never mind speaking to police or a lawyer. A third of child sex-abuse victims never disclose that they have been abused. If they do, the average age of victims when they tell their stories is 52, usually too late to file criminal charges or to file a civil claim. On August 14th, six months after Andrew Cuomo, New York’s governor, signed the Child Victims Act into law, the bill went into effect. The law changes the statute of limitations for prosecuting and filing civil suits against abusers—and the institutions who shield them. Survivors now have until the age of 28 to press criminal charges and have until the age of 55 to file a civil suit. The new law also includes a one-year window when people can file lawsuits and seek damages for the pain they suffered, no matter how long ago the abuse occurred. Thousands of New Yorkers are expected to sue their alleged abusers and the institutions that failed to protect them. James Marsh runs a small law firm that specialises in sexual-abuse cases. He has over 500 clients, most of them middle-aged or older. Other lawyers have even more. Mr Marsh filed at least 17 suits the first day the window opened. In anticipation of the onslaught of cases, New York’s courts have been staffing up. The suits will be handled by 45 designated, specially-trained judges. The one-year temporary filing period, which allows victims to bring cases once beyond the state’s statutes of limitations, may also allow for lawsuits against Jeffrey Epstein, the financier accused of abusing girls at his New York home, among other places. Despite his death, civil lawsuits could still proceed against the estate. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [Hundreds of lawsuits expected in New York after statute lifted on old child abuse cases](https://www.jamesmarshlaw.com/hundreds-of-lawsuits-expected-in-new-york-after-statute-lifted-on-old-child-abuse-cases/) **Published:** August 14, 2019 **Author:** James R. Marsh **Content:** The state of New York on Wednesday began a one-year waiver of statute of limitations on civil child sex abuse lawsuits, with hundreds of lawsuits expected to be filed on the first day, [according](http://abcnews.go.com/US/hundreds-lawsuits-filed-york-alleged-child-sexual-abuse/story?id=64956013) to The Associated Press. The state legislature earlier this year passed the Child Victims Act (CVA), which allowed the one-year “lookback” window. The Marsh Law Firm and Pfau Cochran Vertetis Amala, which is representing Vajda, is also representing Raul Diaz, who alleges abuse by his scoutmaster, in his suit against the Boy Scouts. The firm is also representing 45 plaintiffs who claim in a lawsuit that Rockefeller University allowed Dr. Reginald Archibald, who is alleged to have sexually abused more than a thousand children over four decades at Rockefeller University Hospital, to continue in his role long after a grand jury investigation by the New York County District Attorney’s office. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Archibald Scandal, Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [Boy Scouts, Catholic Church, more face new lawsuits as NY Child Victims Act window opens](https://www.jamesmarshlaw.com/boy-scouts-catholic-church-more-face-new-lawsuits-as-ny-child-victims-act-window-opens/) **Published:** August 14, 2019 **Author:** James R. Marsh **Content:** The newest allegations came Wednesday among hundreds of [lawsuits filed under New York’s Child Victims Act](http://www.usatoday.com/story/news/nation/2019/08/14/new-york-child-victims-act-lawsuits/2007257001/), which opened a one-year window for lawsuits from child sexual abuse victims previously barred by the statute of limitations. Attorney Vincent Nappo said the goal is to raise public awareness. He said his firm – Pfau, Cochran, Vertetis and Amala – is filing seven lawsuits Wednesday in New York against Boy Scouts of America on behalf of 20 survivors of sexual abuse. The suits contain allegations that span decades, from the mid-1960s to the late 1980s. The majority involve Scoutmasters and other adult leaders. Nappo said his firm represents additional clients who say they were abused in Scouting across the country, and there are three active cases in Washington and Chicago. “Now that the law’s about to open up … I think there’s going to be even more people who are going to read about this and hear about it, and the Boy Scouts are going to have a lot of tough questions to answer,” Nappo said. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Victims Act (CVA), Childhood Sexual Abuse, News, Scouting --- ### [Childhood sex abuse cases will now be heard even if abuse happened decades ago](https://www.jamesmarshlaw.com/childhood-sex-abuse-cases-will-now-be-heard-even-if-abuse-happened-decades-ago/) **Published:** August 14, 2019 **Author:** James R. Marsh **Content:** Attorneys are calling it a historic moment. Childhood sex abuse survivors will now be able to have their cases heard even if the abuse happened decades ago. The change now allows a one-year window for anyone who suffered child sex abuse to file a civil lawsuit no matter when it happened. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Victims Act (CVA), Childhood Sexual Abuse, News, Television, Video --- ### [Hundreds of sexual abuse cases filed under new law, but Lower Hudson Valley cases sparse](https://www.jamesmarshlaw.com/hundreds-of-sexual-abuse-cases-filed-under-new-law-but-lower-hudson-valley-cases-sparse/) **Published:** August 14, 2019 **Author:** James R. Marsh **Content:** When the first day of the one-year window to file historic sexual abuse lawsuits ended, a clearer picture of where and who the cases will focus on emerged. One of most prolific abusers identified earlier this year by The Journal News/lohud,[ Dr. Reginal Archibald, ](http://www.lohud.com/story/news/2019/03/18/child-victims-act-ny-reginald-archibald-sexual-abuse-class-action-lawsuit/2930469002/)started having lawsuits filed against his employer, the Rockefeller University Hospital. James Marsh of New York-based Marsh Law explained why it’s customary to not include dollar amounts in the initial filings in civil cases in New York. “It’s disfavored as part of New York law to include dollar amounts in civil suits,” Marsh said. “The courts don’t want it.” There’s was only a single case filed out of Westchester County and none in Rockland County, a fact Marsh thinks has multiple reasons, location and some latency in filing the chief culprits. Only one CVA suit hit the Westchester civil courts, identified as D.W. v Boy Scouts of America. “That’s more due to latency in filing. You try to put as many of your cases forward, but I’ve been up since 3 a.m. filing so others might not have made it through yet,” Marsh said. Marsh has filed 140 claims throughout New York. Location is another factor as well. While the abuse may have taken place in Westchester or Rockland counties, the Archdiocese is located in New York, so church cases will be filed in New York City instead, Marsh said. In many child sex abuse cases attorneys usually detail the specifics of the accused abuse. Not so in these cases. Besides providing basic information naming the accused and when and where the abuse took place, the cases in New York keep the details of the abuse from the filing as more of a strategic move than censorship for graphic content. “When you include specific details, it allows the opposition to pick the case apart before you get to court,” Marsh said. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Archibald Scandal, Cases, Catholic Church, Child Pornography, Childhood Sexual Abuse, Epstein, News --- ### [New York courts brace for surge of cases under new Child Victims Act](https://www.jamesmarshlaw.com/new-york-courts-brace-for-surge-of-cases-under-new-child-victims-act/) **Published:** August 13, 2019 **Author:** James R. Marsh **Content:** The [Child Victims Act](http://nypost.com/2019/02/14/cuomo-signs-law-allowing-child-sex-abuse-victims-to-sue-as-adults/) goes into effect on Wednesday — a landmark law expected to unleash a torrent of lawsuits from victims of child sex abuse seeking long-awaited justice. The new law opens up a so-called “look-back window” for one year and one year only, allowing victims of any age to seek civil action against their abusers, regardless of how long ago the abuse happened. After the one year, which only applies to civil action, victims have up until the age of 55 to file a lawsuit against their abusers and the institutions that enabled the abuse to go on. The new law also streamlines the legal process by eliminating the requirement to file a notice of claim, the precursor to a lawsuit. “\[Wednesday\] is a profound day for \[the victims\],” said lawyer Michael Pfau, whose firm and another firm will file dozens of suits on behalf of more than 550 victims. “It is really hitting home to our clients that after 10, 20, 50 years, they are going to have a voice in this state and in this court system to tell their stories and obtain justice.” Pfau’s complaints will be lodged against Rockefeller University Hospital, [long accused of allowing a late pediatrician](http://nypost.com/2019/05/23/pool-doctor-molested-countless-children-for-decades-investigation-confirms/) to molest dozens of young patients, and the beleaguered Boy Scouts of America. “We are also filing lawsuits against the Roman Catholic Church, against every diocese in the state,” Pfau said. “We are going to see real change in these institutions that have harbored and employed these pedophiles. Their legal exposure will force change.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [NY law gives child sex abuse victims new chance at justice](https://www.jamesmarshlaw.com/ny-law-gives-child-sex-abuse-victims-new-chance-at-justice/) **Published:** August 14, 2019 **Author:** James R. Marsh **Content:** New York state’s new Child Victims Act is already changing lives. Ali Velshi and Stephanie Ruhle speak with Jennifer Freeman, whose firm represents hundreds of child sex abuse survivors, and Shaun Dougherty, who is a survivor of abuse within the Catholic church, about their thoughts on this new opportunity for justice. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Catholic Church, Child Victims Act (CVA), Childhood Sexual Abuse, Epstein, News, Television, Video --- ### [Civil Litigation Is Complicated by Jeffrey Epstein's Death, Mysterious Estate](https://www.jamesmarshlaw.com/civil-litigation-is-complicated-by-jeffrey-epsteins-death-mysterious-estate/) **Published:** August 14, 2019 **Author:** James R. Marsh **Content:** Jeffrey Epstein’s death last week in a Manhattan jail cell has complicated the path for victims of the wealthy financier seeking to recover from his estate, unleashing a slew of questions about where his assets are and who stands to inherit his millions. In addition to criminal charges of sex trafficking and conspiracy, Epstein was also facing the prospect of numerous civil suits from his accusers, when he was found dead early Saturday at the Metropolitan Correctional Center, apparently by suicide. Epstein’s death brought a sudden and unexpected close to the criminal case against him, and came as a blow to his accusers, who had hoped to confront their alleged abuser in court. Attorneys for the victims, however, have nonetheless vowed to move ahead with civil suits against Epstein’s estate, the exact details of which appear to be shrouded in mystery. It was not immediately clear if Epstein, who had no spouse or known children, left a will appointing anyone to oversee his estate. What’s also unclear is the total value of his assets and whether they were held in offshore accounts or trusts. Had Epstein lived, the federal government could have started a restitution action to seize his assets for victims. Jennifer Freeman of the Marsh Law Firm said now that would have to be done through a civil forfeiture lawsuit, which presented its own complications, given that “things have shifted” since Epstein’s death. “The question is can you bring an action still in New York state court,” she said. “The question is against whom.” As of Wednesday morning, at least one such case had been against Epstein’s estate, though many more were expected in the coming days and weeks. “There are a lot of moving parts,” Freeman said. “This could be a Dickensian novel.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Victims Act (CVA), Childhood Sexual Abuse, Epstein, News --- ### [She says Jeffrey Epstein raped her when she was a teen. A new law lets her sue.](https://www.jamesmarshlaw.com/she-says-jeffrey-epstein-raped-her-when-she-was-a-teen-a-new-law-lets-her-sue/) **Published:** August 14, 2019 **Author:** James R. Marsh **Content:** Seizing on a legal opportunity that went into effect in New York today, a woman who alleges that Jeffrey Epstein raped her when she was a teenager filed a lawsuit against the late financier’s estate, his longtime confidante Ghislaine Maxwell and three unnamed women who worked for him. The[ Child Victims Act](http://www.washingtonpost.com/religion/2019/08/14/new-york-braces-flood-lawsuits-one-year-window-opens-child-sex-abuse-victims-bring-cases/) opens a year-long window, beginning Wednesday, for adults who were sexually abused as children to revive their claims. Such litigation would previously have been barred by a statute of limitations that prevented victims from suing after age 23. The law is expected to bring forward a flood of cases against institutions like the [Boy Scouts,](http://www.washingtonpost.com/nation/2019/08/06/boy-scouts-failed-stop-hundreds-previously-unknown-sexual-predators-lawsuit-alleges/) the state’s Catholic diocese and other religious organizations. And now, it has been used by an alleged victim of Epstein in an attempt to seek justice. Jennifer Freeman of the Marsh Law firm told The Washington Post on Wednesday that she and her colleagues represented a handful of Epstein’s alleged victims of sexual abuse, some of whom could stand to benefit from the new legal opportunity. Her firm has not yet filed any lawsuits because Epstein’s death leaves the future of the case uncertain, but Freeman called the Child Victims Act “a second chance for restorative justice.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Victims Act (CVA), Childhood Sexual Abuse, Epstein, News --- ### [Lawsuit: Former Albany Bishop Howard Hubbard sexually abused teen](https://www.jamesmarshlaw.com/lawsuit-former-albany-bishop-howard-hubbard-sexually-abused-teen/) **Published:** August 14, 2019 **Author:** James R. Marsh **Content:** ALBANY — Former Bishop Howard Hubbard is accused of sexually abusing a 16-year-old boy during the 1990s, according to a lawsuit filed Wednesday. “From approximately 1994 through 1998, Father Bondi and Bishop Hubbard exploited the trust and authority vested in them by defendants by grooming P.R. to gain his trust and to obtain control over him as part of Father Bondi and Bishop Hubbard’s plan to sexually molest and abuse P.R. and other children,” the lawsuit filed by the the Marsh Law Firm alleges. Other lawsuits filed by the Marsh Law Firm allege numerous priests and church personnel in the Albany Diocese and leaders of the Twin Rivers Boy Scout Council  failed to protect children from abusive adults in their organizations, and then spent years scheming to keep the allegations from reaching the public. Wednesday was the first day in which lawsuits could be filed under the provisions of the Child Victims Act, a new state law creating a one-year “look-back” period for the filing of previously time-barred abuse lawsuits against alleged abusers and the institutions that may have covered up their predations. The lawsuit filed by the Marsh firm against the diocese also names a number of local parishes as well as Albany’s LaSalle School as places where abuse took place. It alleges the diocese “knew for decades that its priests, clergy, religious brothers, religious sisters, school administrators, teachers, employees, and volunteers were using their positions within the Diocese to groom and to sexually abuse children.” “Despite that knowledge, the Diocese failed to take reasonable steps to protect children from being sexually abused and actively concealed the abuse.” The Boy Scout council faces allegations two Scout leaders in the Twin Rivers Council, David Perkins and Harold Cloud, and older scouts at Camp Boyhaven in Middlegrove abused younger scouts in the early to mid-1970s. “Despite decades of knowledge that its Scouting program was a magnet for child molesters, the (Boy Scouts of America) failed to take reasonable steps to protect children from being sexually abused,” the lawsuit alleges. “Even worse, the BSA actively concealed the widespread sexual abuse of young boys that occurred as a direct result of its supposedly ‘safe’ program and ‘trustworthy’ Scout leaders and volunteers.” The national organization was ultimately forced to disclose it had for decades maintained so-called “perversion files” on scout leaders credibly accused of sexual abuse. The lawsuit filed by the Marsh firm notes that in 1972, a Boy Scout executive who oversaw the files “asked the other Scout Executives to keep the files confidential ‘because of the misunderstandings which could develop’ if the public learned of the files.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Cases, Catholic Church, Child Victims Act (CVA), Childhood Sexual Abuse, News, Scouting --- ### [New One-Year Window for Child Sex Abuse Victims](https://www.jamesmarshlaw.com/new-one-year-window-for-child-sex-abuse-victims/) **Published:** August 13, 2019 **Author:** James R. Marsh **Content:** ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Victims Act (CVA), Childhood Sexual Abuse, News, Television, Video --- ### [New York opens door to old abuse claims: "I never thought that this moment would come"](https://www.jamesmarshlaw.com/new-york-opens-door-to-old-abuse-claims-i-never-thought-that-this-moment-would-come/) **Published:** August 14, 2019 **Author:** James R. Marsh **Content:** A [groundbreaking new law](http://www.cbsnews.com/news/new-state-laws-open-door-to-decades-old-child-sex-abuse-cases/) took effect overnight in New York. The [Child Victims Act](http://www.cbsnews.com/news/child-victims-act-victims-of-sexual-abuse-seek-justice-with-new-statute-of-limitations-new-york-2019-08-13/) gives sexual abuse survivors, barred by a statute of limitations, a one-year window to file a civil lawsuit against their alleged perpetrators, and institutions like the boy scouts, schools and the Catholic Church. “This is about accountability and responsibility,” Freeman said. “Holding those institutions responsible for what they allowed or did to children.” The Child Victims Act opens a one-year “look-back window” in New York during which any person who was under the age of 18 when they were sexually abused can file a civil lawsuit regardless of their age now. Victims previously only had until age 21 to sue an institution and age 23 to sue a perpetrator. “This isn’t just about money. This is about justice and this is the way America does justice,” Marci Hamilton, founder of the child abuse advocacy group, [CHILD USA,](http://www.childusa.org/) said. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Catholic Church, Child Victims Act (CVA), Childhood Sexual Abuse, News, Television, Video --- ### [Child Victims Act lawsuits to peel open decades of secrecy in clergy sex abuse](https://www.jamesmarshlaw.com/child-victims-act-lawsuits-to-peel-open-decades-of-secrecy-in-clergy-sex-abuse/) **Published:** August 13, 2019 **Author:** James R. Marsh **Content:** The Child Victims Act’s look-back window flips the tables on the Catholic Church’s ability to control information about its handling of victims and clergy accused of abuse. Dioceses across the state are expected to be a primary target of lawsuits, though any institution that works with children and employed a child molester is susceptible. The Child Victims Act doesn’t make it easier for plaintiffs to win cases, though. In cases of clergy abuse, lawyers will sue the diocese for negligence, arguing that bishops and other administrators knew or should have known that a priest was a molester and kept him away from children. Attorney Michael T. Pfau of Seattle represents about 30 clients, including Heldwein, who are suing the Buffalo Diocese. He said he was puzzled by the diocese’s decision not to offer compensation awards to more victims. “We have periodically spoken with the Buffalo Diocese about resolving the cases leading up to the statute and we’ve been very, very frustrated, and our clients are ready to file,” said Pfau. “With other dioceses, we’ve had a better experience settling some of the cases before we have to file. That has not been the case with the Buffalo Diocese. Our clients have been very frustrated with the settlement process, so we feel we have no choice but to file the lawsuits.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Catholic Church, Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [Child Victims Act aims to help sex abuse victims take action](https://www.jamesmarshlaw.com/child-victims-act-aims-to-help-sex-abuse-victims-take-action/) **Published:** August 13, 2019 **Author:** James R. Marsh **Content:** As part of the Child Victims Act, people who say they were victims of sexual abuse as children have one year to file civil lawsuits against their abusers, no matter how long ago the alleged abuse occurred. The window to file that suit under the law closes Aug. 14, 2020. Massapequa native Rich Klein and his lawyer say they plan to file a lawsuit at 12:01 a.m. against the late Dr. Reginald Archibald. Klein alleges that Archibald, a pediatrician who worked at Rockefeller University and died in 2007, took photographs of him naked, “supposedly in the name of medical research, to try to help you.” Klein’s lawyer, Jennifer Freeman, says the new law gives adult survivors of child sexual abuse the chance to hold their alleged abusers — and the institutions for which they worked for — accountable. Freeman says her law firm represents more than 500 child sex abuse survivors in New York and expects to file more than 100 civil lawsuits when the law takes effect. She says the Catholic Church, the Boy Scouts and school districts are among those bracing for an onslaught of lawsuits. The Diocese of Rockville Centre tells News 12 in part, “The financial impact of this law will be far reaching.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Archibald Scandal, Child Victims Act (CVA), Childhood Sexual Abuse, News, Television, Video --- ### [State window set to open for old sex-abuse lawsuits](https://www.jamesmarshlaw.com/state-window-set-to-open-for-old-sex-abuse-lawsuits/) **Published:** August 11, 2019 **Author:** James R. Marsh **Content:** At least several hundred lawsuits are about to land. Two collaborating law firms that represent Pringle – Pfau Cochran Vertetis Amala, based in Washington State, and Marsh Law Firm, which has an office in White Plains – say they so far are bringing cases on behalf of more than 500 abuse survivors. More than 200 say they are victims of the same abuser: the late Reginald Archibald, an endocrinologist accused of sexually abusing hundreds of boys brought to him because they were growing too slowly. Pringle’s attorney, Jennifer Freeman, said that proving in court events that occurred long ago does present “evidentiary challenges,” but that several factors can help overcome that elapsed time. For one, abuse cases tend to have multiple victims that provide corroborating accounts. Often, there also are incriminating records buried away. “Both the Boy Scouts and the Catholic Church have their own version of their ‘secret files,’” she said. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Victims Act (CVA), Childhood Sexual Abuse, News, Scouting --- ### [New York courts brace for wave of child-abuse lawsuits](https://www.jamesmarshlaw.com/new-york-courts-brace-for-wave-of-child-abuse-lawsuits/) **Published:** August 11, 2019 **Author:** James R. Marsh **Content:** ALBANY — The state’s court system is bracing for potentially thousands of lawsuits to be filed starting Wednesday, when a one-year period begins that will enable victims of childhood sexual abuse to file previously time-barred claims against their alleged abusers and the institutions that may have harbored them. The state Office of Court Administration has assigned 45 judges, including five in the Capital Region, to handle the lawsuits that are expected to target individuals accused of abuse as well as the Catholic Church, the Boy Scouts of America, private and public schools, daycare centers and foster-parent organizations. Jason P. Amala, a Seattle attorney who represents Levine and specializes in child-abuse litigation, said the Boy Scouts, like the Catholic Church, have files on their known and suspected abusers dating back decades. “Everyone focuses on the Catholic Church,” Amala said. “But there’s seven or eight dioceses in New York and each has its list of bad guys. If you add up all those numbers and compare to the number of files the Boy Scouts had in New York, the numbers are pretty close.” “We always have to show in all these cases … the organization knew or should have known the person posed a danger to kids,” Amala said. “We have a lot of clients who will say, ‘I had a single mom and she thought the Boy Scouts were the greatest thing ever. … I never thought this guy might be a pedophile.'” Amala said his firm is working with the Marsh Law Firm, based in White Plains, and the two firms jointly represent about 530 survivors. Of those, about 170 are people with claims against the Catholic Church and roughly 50 have claims against the Boy Scouts. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [Thousands of cases expected as NY opens window for sex abuse suits](https://www.jamesmarshlaw.com/thousands-of-cases-expected-as-ny-opens-window-for-sex-abuse-suits/) **Published:** August 13, 2019 **Author:** James R. Marsh **Content:** ALBANY — New York courts, law firms, Catholic dioceses, Boy Scout troops and schools are bracing for an onslaught of civil lawsuits to be filed by people seeking justice for long-ago sexual abuse when a special one-year “look back” period begins Wednesday. Thousands of cases are expected to be filed on that first day alone. At least two law firms are handling upward of 400 claims each, court officials said. “It is really unprecedented, what is happening in New York,” said Jason Amala, an attorney whose firm anticipates filing more than 100 claims on Wednesday. “New York was, for so very long, a shutdown state in that there was no way to bring these cases,” said Amala, whose firm, Pfau Cochran Vertetis Amala, is based in Seattle and has worked on similar claims in Washington state. Because of its experience, Pfau is working with a New York-based firm to represent clients. Amala said there has been a “steady stream of people coming forward once it became clear (the law) was going to pass and the governor was going to sign it.” He said New York court administrators have been “thoughtful in trying to prepare for what’s coming,” but there’s no way of predicting the number of lawsuits eventually filed. “On some level, they’ve done as much as they can,” he said. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Catholic Church, Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [Legal floodgates to open Wednesday as child sexual abuse victims, many after decades, get long-awaited day in court](https://www.jamesmarshlaw.com/legal-floodgates-to-open-wednesday-as-child-sexual-abuse-victims-many-after-decades-get-long-awaited-day-in-court/) **Published:** August 11, 2019 **Author:** James R. Marsh **Content:** Starting at 12:01 a.m. Wednesday, Taylor and hundreds of other accusers get their long-awaited day in court as New York state’s one-year window finally opens to file suits against alleged sexual predators — with a tsunami of court papers expected from Buffalo to Brooklyn as the victims turn into plaintiffs. “I don’t think I’ve ever worked as many hours in a row,” said Jennifer Freeman, senior counsel at the New York-based Marsh Law Firm. “It’s been absolutely non-stop. I’m working two computer screens every minute.” Freeman said her firm is bringing more than 200 cases against Rockefeller University Hospital, where Dr. Reginald Archibald was accused of sexually abusing scores of his young patients. “This is historic,” said Freeman. “New York has gone from one of the worst places to be a sexual abuse survivor to one of the best.” According to Freeman, 96% of the past suits filed against the church in New York state were resolved with settlements rather than trials. But it’s unclear what will happen now given the expected flood of legal action against a variety of organizations. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Archibald Scandal, Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [Justice late, not denied: New York to allow old abuse suits](https://www.jamesmarshlaw.com/justice-late-not-denied-new-york-to-allow-old-abuse-suits/) **Published:** August 11, 2019 **Author:** James R. Marsh **Content:** ALBANY, N.Y. (AP) — Hundreds, if not thousands of people who say they were molested as children in New York state are expected to go to court this week to sue their alleged abusers and the institutions they say failed them, including the Catholic Church, the Boy Scouts, public schools and hospitals. It’s all because of a [landmark state law passed this year](http://apnews.com/bcc7e0aa3cca4cbfb016d13314a246f5) that creates a one-year window allowing people to file civil lawsuits that had previously been barred by the state’s statute of limitations, one of the nation’s most restrictive, that had prevented many victims from seeking justice for decades-old abuse. Attorney Jason Amala’s firm, Seattle-based Pfau Cochran Vertetis Amala, is representing hundreds of clients in New York who plan to file lawsuits. He said the lawsuits will not only seek compensation for victims, but also reveal information to the public about how abuse cases were handled and in some cases, covered up. “This is very unusual,” he said of the litigation window. He said New York’s large population and its significant number of Catholics “make it pretty close to unprecedented.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [A One-Year Window for Victims of Childhood Abuse in NY to Sue for Damages Opens Next Week](https://www.jamesmarshlaw.com/a-one-year-window-for-victims-of-childhood-abuse-in-ny-to-sue-for-damages-opens-next-week/) **Published:** August 8, 2019 **Author:** James R. Marsh **Content:** Frank Kelly said he was sexually abused by his doctor when he was a child. “The story is that when I was a youngster, I was going to this doctor, me and my sister,” Kelly said. “We went there so many times for visits, examinations. And he started to abuse us.” The statute of limitations to file suit had long since expired, but a [new law opens up a one-year look back period](http://www.ny1.com/nyc/all-boroughs/politics/2019/01/28/new-york-state-legislature-passes-child-victims-act-) for Kelly and other victims of childhood sexual abuse to seek restitution. “New York went — with this look back window — went from one of the worst places for a survivor to bring a lawsuit or seek restorative justice to one of the better ones. So you have a one-year, one-time window. It starts on August 14,” attorney Jennifer Freeman said. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Archibald Scandal, Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [Deluge of sex abuse lawsuits expected to be filed under Child Victims Act](https://www.jamesmarshlaw.com/deluge-of-sex-abuse-lawsuits-expected-to-be-filed-under-child-victims-act/) **Published:** August 8, 2019 **Author:** James R. Marsh **Content:** BUFFALO, N.Y. — In just one week, a long-awaited window will open for those who claim to be victims of child sex abuse, but who were previously denied the ability to seek legal retribution in New York State. It’s all part of the [Child Victims Act](/article/news/gov-cuomo-signs-child-victims-act-into-law/71-86e9527c-c580-412e-865d-26b661bb3688) passed by the state legislature and signed by the governor earlier this year. It will, for one year, essentially repeal the statute of limitations on child sexual abuse cases. Members of the legal system, including attorneys and court personnel, conservatively predict that several thousand lawsuits will be filed statewide as a result of the Child Victims Act beginning August 14. According to an attorney well versed with bringing such cases in other states which have adopted a CVA, the impact will likely be negligible. “If there is anyone out there who is worried this will create a backlog and derail the criminal or civil justice system that would not be accurate,” said Michael T. Pfau of the Pfau Chochran Vertetis Amala Lawfirm in Seattle, Washington. Pfau’s firm has partnered with the Marsh Law Firm of White Plains to represent 550 clients in New York State, including many in the Buffalo-area. “We’ve seen this with asbestos cases and cases against drug companies where the courts have been quite adept at organizing cases in a logical and reasonable way and I fully expect that to happen in New York,” said Pfau, who also noted the large majority of such cases are settled without a trial. “When they don’t resolve (settle) it’s usually not a good thing for the defendants because juries tend not to treat them well in sexual abuse cases,” Pfau said. “Because New York’s Statutes have been so restrictive for so long, you’re going to see an outpouring of people come forward,” predicted Pfau. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Catholic Church, Child Victims Act (CVA), Childhood Sexual Abuse, News, Television, Video --- ### [Catholic Church, Boy Scouts To Be Slammed With Hundreds Of Lawsuits In New York](https://www.jamesmarshlaw.com/catholic-church-boy-scouts-to-be-slammed-with-hundreds-of-lawsuits-in-new-york/) **Published:** August 12, 2019 **Author:** James R. Marsh **Content:** Years after [child abuse survivors](http://www.huffpost.com/news/topic/child-abuse) in New York started demanding changes to the state’s statutes of limitations, victims are finally getting a chance to have their cases heard in court. Hundreds of survivors are [planning](http://www.apnews.com/dffbd43e90ea45be9d1a4da67f878751) to file lawsuits on Wednesday against their alleged abusers and the institutions they claim covered up sex crimes as the state opens a one-year litigation window for cases that fell outside the previous statutes of limitations. Michael Pfau, an attorney at Seattle-based Pfau Cochran Vertetis Amala, told HuffPost that his law firm is filing more than 100 suits Wednesday under the temporary window for instances of child sexual abuse that allegedly occurred between the late 1940s and the early 2000s. About 75 of these cases are against [Roman Catholic](http://www.huffpost.com/voices/topic/catholic-church) dioceses across New York, Pfau said. The rest target the [Boy Scouts of America](http://www.washingtonpost.com/nation/2019/08/06/boy-scouts-failed-stop-hundreds-previously-unknown-sexual-predators-lawsuit-alleges/) and [Rockefeller University](http://www.lohud.com/story/news/local/new-york/2019/05/23/rockefeller-university-hospital-reginald-archibald-child-sex-abuse/1207889001/) ― two institutions that have been plagued with allegations that they failed to stop child sexual abuse. The attorney predicted that Wednesday will be “very emotional” for survivors. “After feeling like they have no voice in New York state, victims now feel like they have a powerful voice,” Pfau said. Pfau said his firm expects to file more than 500 additional lawsuits under New York’s window in the upcoming months, including cases against religious orders, school districts, foster homes and coaches. He said financial compensation is only one of several reasons why child sexual abuse victims want their day in court. “For many, if not most of my clients, the primary reasons for filing these lawsuits are to tell their stories, protect children in the future and obtain the truth from entities like the Catholic Church and the Boy Scouts about what they have done over the last decades,” he said. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Catholic Church, Child Victims Act (CVA), Childhood Sexual Abuse, News, Scouting --- ### [As look-back window opens, lawmakers share stories of childhood sexual abuse](https://www.jamesmarshlaw.com/as-look-back-window-opens-lawmakers-share-stories-of-childhood-sexual-abuse/) **Published:** August 13, 2019 **Author:** James R. Marsh **Content:** As New York gears up to unlock an historic window for survivors of childhood sexual abuse, four state legislators are telling their stories in a public service ad. [A two-minute video ](http://www.youtube.com/watch?v=1uzKKEWsLBo&feature=youtu.be)to be launched on Tuesday in Times Square features Sen. Alessandra Biaggi and Assemblymembers Yuh-Line Niou, Rodneyse Bichotte and Catalina Cruz speaking of their experiences as survivors of sexual abuse, POLITICO has learned. The lawmakers also will outline steps New Yorkers can take for recourse starting Wednesday. That’s the first day of the one-year look-back granted to survivors wishing to file lawsuits against their abusers. “I think the real important date is Aug. 14, 2020, the closing of the window,” said lawyer James Marsh, who plans to bring hundreds of cases this year, including about 200 alleged victims of [a Rockefeller University doctor who has since died](http://www.wsj.com/articles/rockefeller-university-investigation-finds-doctor-abused-many-children-11558645801?mod=article_inline). “That’s really the last opportunity we can see in the future of people coming forward. We’ll have a better view of the impact, pluses, minuses and entire scope of this problem.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [He Says a Priest Abused Him. 50 Years Later, He Can Now Sue.](https://www.jamesmarshlaw.com/he-says-a-priest-abused-him-50-years-later-he-can-now-sue/) **Published:** August 13, 2019 **Author:** James R. Marsh **Content:** Major institutions across New York State, from the Catholic Church to the Boy Scouts of America to elite private schools, are bracing for a deluge of lawsuits now that adults who said they were sexually abused as children will be entitled to pursue formal legal action. New York joined more than a dozen states this year in significantly extending statutes of limitations for filing lawsuits over sexual abuse. Previously, the state had required that such suits be filed before a victim’s 23rd birthday. Under the new law in New York, the Child Victims Act, [which was approved by the Legislature in January](http://www.nytimes.com/2019/01/28/nyregion/child-sex-abuse-victims.html?module=inline), accusers will be able to sue until they are 55. The new law includes a one-year period, known as a look-back window, that revives cases that had expired, in many instances decades ago, under previous statutes of limitations. The one-year period begins on Wednesday, and the impact could cause major financial stress for many institutions in New York, including the state’s eight Catholic dioceses, which have faced a series of scandals involving abuse by clergy. Some of the most prominent lawyers specializing in child sex abuse each have hundreds of cases to be filed as soon as the window opens, raising the prospect of overloading courts. “It’s unlike anything we’ve ever seen,” Jason Amala, a lawyer representing abuse survivors, said of the calls that have inundated his firm, including some from victims who were telling another person about their abuse for the first time. Lawmakers in New York had [tried and failed for well over a decade](http://www.nytimes.com/2019/02/20/nyregion/margaret-markey-child-victims-act.html?module=inline)to expand the state’s statutes of limitations, which were regarded as among the most restrictive in the country. “We used to call New York a ‘shut down state,’” Mr. Amala said. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Archibald Scandal, Catholic Church, Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [Rockefeller Hospital sues insurers over Dr. Reginald Archibald sexual abuse claims](https://www.jamesmarshlaw.com/rockefeller-hospital-sues-insurers-over-dr-reginald-archibald-sexual-abuse-claims/) **Published:** August 8, 2019 **Author:** James R. Marsh **Content:** Rockefeller University Hospital filed suit against more than a dozen of its insurers for not providing assistance with handling hundreds of abuse claims. Rockefeller filed the case in New York Supreme Court and accuses several of its insurers — including its primary insurer Chubb — of attempting to dodge coverage as an industry-wide tactic to avoid paying legal fees and damages to sexual abuse survivors. The legal action is a copy of [what the New York Archdiocese did last month ](http://www.lohud.com/story/news/local/new-york/2019/07/02/new-york-archdiocese-sex-abuse-claims/1629483001/)when it asked for court assistance with 32 of its insurers. However there’s a key difference to the Archdiocese’s suit. Rockefeller decided to sue insurers under New York’s Deceptive Business Practices, and asked for money to be awarded for that claim. “Choosing to sue Rockefeller under this state statute is unusual since it allows Rockefeller to argue that its insurers’ denial of coverage and defense was in bad faith and was knowing, reckless and willful,” said Jennifer Freeman, a sexual abuse attorney of Marsh Law. Freeman, along with James Marsh, are representing more than 200 clients against Rockefeller. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Archibald Scandal, Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [Rockefeller University Sues Insurers for Coverage of Past Child Sex Abuse Claims](https://www.jamesmarshlaw.com/rockefeller-university-sues-insurers-for-coverage-of-past-child-sex-abuse-claims/) **Published:** August 8, 2019 **Author:** James R. Marsh **Content:** Rockefeller University is suing a handful of insurance companies that have provided it liability coverage in the past after they wouldn’t immediately agree to cover, or defend against, hundreds of child sex abuse claims levied against the institution. Now, the university’s insurers are refusing to pay out costs to settle those claims, and the legal defense associated with them, according to attorneys for Rockefeller. Jennifer Freeman, senior counsel at the Marsh Law Firm in White Plains, represents approximately 200 individuals who plan to file claims against Rockefeller based on alleged child sex abuse perpetrated by Archibald. She said the university’s lawsuit against its insurers won’t change her litigation strategy. “I don’t think it’s going to affect our strategy, or probably other lawyers’ strategy at this point, but it is an underlying issue for all of these cases because it will likely affect the compensation amounts offered to people in the event there are settlements,” Freeman said. Freeman said the number of claims levied at institutions such as Rockefeller and the Catholic Church have left insurance companies wondering what to do, since the payout related to those actions will likely be relatively large. That liability wasn’t always there before laws such as the CVA. “My impression is that they’re acting like a deer in the headlights because they have a very large liability they’re potentially facing,” Freeman said. “What they’ve basically done is stiff-arm Rockefeller and the Catholic Church as well.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Archibald Scandal, Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [The "Lookback Window" Opens](https://www.jamesmarshlaw.com/the-lookback-window-opens/) **Published:** August 7, 2019 **Author:** James R. Marsh **Content:** [Mara Silvers](http://www.wnyc.org/people/mara-silvers/), WNYC’s All Things Considered producer, talks about the expected flood of lawsuits as the Child Victims Act goes into effect on August 14 with its one-year “lookback window” extending the statute of limitations for childhood sexual abuse. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Victims Act (CVA), Childhood Sexual Abuse, News, Radio --- ### ["Look-back" window opens soon for sexual abuse survivors](https://www.jamesmarshlaw.com/look-back-window-opens-soon-for-sexual-abuse-survivors/) **Published:** August 2, 2019 **Author:** James R. Marsh **Content:** Albany-area native Gordon Smith discusses what he went through in his teenage years at his local church, how it affected him then and now, and why he’s filing his lawsuit. Attorney Jennifer Freeman, Smith’s lawyer, discusses the number of legal suits that her office is handling in anticipation of the mid-August date. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Victims Act (CVA), Childhood Sexual Abuse, News, Television, Video --- ### [Flood Of Child Sex Abuse Lawsuits Expected To Hit NY Next Week](https://www.jamesmarshlaw.com/flood-of-child-sex-abuse-lawsuits-expected-to-hit-ny-next-week/) **Published:** August 6, 2019 **Author:** James R. Marsh **Content:** Next Wednesday, adult survivors of child sex abuse in New York will begin filing a flood of civil lawsuits against institutions and individuals, after decades of having their cases barred from court because the allegations were too old. Hundreds of plaintiffs are expected to sue organizations large and small, including Catholic dioceses and parishes, the Boy Scouts of America, hospitals and educational institutions. The one year window was enacted [under the Child Victims Act](http://gothamist.com/2019/01/28/child_victims_act_new_york.php) that lawmakers passed in January, and intended as a partial remedy to the state’s previous statute of limitations, which required victims to bring civil cases before their 21st birthday and criminal lawsuits before they turned 23. Under the new law, survivors have five more years to file criminal cases and until their 55th birthday to bring civil lawsuits. Advocates for survivors said the old law was among the most restrictive in the country and failed to recognize how victims process childhood abuse. Studies have found that [the average age](http://www.ncbi.nlm.nih.gov/pmc/articles/PMC3995507/) for adults who disclose their abuse is 52. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Catholic Church, Child Victims Act (CVA), Childhood Sexual Abuse, News, Radio, Scouting --- ### [Change to New York Sex-Abuse Laws Expected to Spur A Wave of Lawsuits](https://www.jamesmarshlaw.com/change-to-new-york-sex-abuse-laws-expected-to-spur-a-wave-of-lawsuits/) **Published:** August 6, 2019 **Author:** James R. Marsh **Content:** Supporters, who fought for the law for more than a decade, say the lawsuits will provide long-awaited justice to victims of childhood sexual abuse. Critics argue some of these abusers died years ago, and that the legal and financial burdens will fall on institutions with few records to defend themselves. In addition to the look-back window, the law increases the maximum age to file civil suits to age 55 from 23. It also gives prosecutors additional time to file criminal charges. While some states, including Minnesota, Arizona and Hawaii, have opened similar windows, New York’s law goes further than most because it allows for lawsuits against public institutions, not only private ones. How the window plays out—how many lawsuits are filed, how institutions cope financially and how claims fare in court—is being closely watched across the U.S., advocates and legal experts say. Lawyers who represent victims say in the bulk of their cases the alleged abuse occurred in the late ’60s through early ’80s. Lawyer James Marsh called that period an unfettered time without helicopter parents, cellphones or warnings of stranger danger. “You have this loosey-goosey time of free love, social change,” said Mr. Marsh. “I think the ’70s were probably the most risky time for kids.” Mr. Marsh said he expects to file lawsuits on behalf of more than 500 alleged victims during the one-year window. About 200 are alleged victims of [a Rockefeller University doctor who died in 2007](http://www.wsj.com/articles/rockefeller-university-investigation-finds-doctor-abused-many-children-11558645801?mod=article_inline). The university has apologized and retained a law firm whose investigation found the doctor sexually abused patients. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Archibald Scandal, Catholic Church, Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [Change in New York State law to usher in 'tidal wave' of child sex abuse lawsuits](https://www.jamesmarshlaw.com/change-in-new-york-state-law-to-usher-in-tidal-wave-of-child-sex-abuse-lawsuits/) **Published:** August 1, 2019 **Author:** James R. Marsh **Content:** Thousands of child sexual abuse lawsuits are expected to flow into New York State courts in the coming weeks exposing decades-old misconduct at schools, hospitals, churches and youth clubs, according to lawyers for victims. On Aug. 14, the Child Victims Act takes effect, giving people one year to sue over allegations of sexual abuse, regardless of when they said it occurred. Under the law signed by Governor Andrew Cuomo in February, New York has gone from one of the toughest states to bring a case because of its strict statute of limitations to one of the easiest, potentially unleashing decades of unresolved claims. “I think the potential is huge for all kinds of things coming to the surface like we’re seeing with Epstein,” said victims’ attorney James Marsh, referring to the criminal sex trafficking charges against the once politically connected American financier Jeffrey Epstein. He pleaded not guilty and is jailed pending trial. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [Churches in New York face financial strain when sexual abuse lawsuits flood courts soon](https://www.jamesmarshlaw.com/churches-in-new-york-face-financial-strain-when-sexual-abuse-lawsuits-flood-courts-soon/) **Published:** August 1, 2019 **Author:** James R. Marsh **Content:** A half-century of pent-up anger and distress over sexual misconduct by New York’s Roman Catholic spiritual leaders will culminate soon. Faith and money will collide. Under a new state law, lawsuits seeking damages for past acts of rape or sexual abuse of children can be filed during a one-year window that opens Aug. 14. Hundreds of abuse lawsuits across New York state’s eight dioceses are expected to name Catholic priests and other ministers, as well as the higher-ups that victims accuse of protecting and covering up for the abusers. All eight New York dioceses are about to face a legal onslaught like never before. Every diocese in the state is facing legal damages that could total in the tens or even hundreds of millions. Some of New York’s eight Catholic dioceses, likely will opt to declare bankruptcy, according to several of the lawyers who are poised to file abuse lawsuits. Jason Amala of Pfau Cochran Vertetis Amala serves more than 500 clients in New York. Around 175 sex abuse survivors are from churches, while the rest of his clients allege abuse from well-known secular institutions, including hospitals, the Boys and Girls clubs and the Boy Scouts. The New York Archdiocese’s primary insurer, Chubb, recently denied its coverage in a recent sex abuse suit against it. In response, the Archdiocese filed a preemptive motion, warning 32 of its insurers that they would be held accountable. The move had attorneys like James Marsh, of New York-based Marsh Law, applauding. “This is an unequivocal sign that the Church is getting serious about dealing with its exposure,” Marsh said. “With the New York Archdiocese facing significant financial liability after decades of heartbreaking sexual abuse, it appears that it is beginning the process of addressing its financial challenges head on.” If the New York Archdiocese loses against its insurers, that could set a precedent for denying coverage of dioceses in upstate New York, Pfau said. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Catholic Church, Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [Sex abuse lawyers working long days](https://www.jamesmarshlaw.com/sex-abuse-lawyers-working-long-days/) **Published:** July 31, 2019 **Author:** James R. Marsh **Content:** ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Victims Act (CVA), Childhood Sexual Abuse, News, Video --- ### [Law firms grapple with unprecedented scale of sex abuse cases in New York](https://www.jamesmarshlaw.com/law-firms-grapple-with-unprecedented-scale-of-sex-abuse-cases-in-new-york/) **Published:** July 31, 2019 **Author:** James R. Marsh **Content:** An avalanche of sexual abuse cases — against religious institutions, schools, hospitals and youth groups — is expected to crash into civil courts in New York starting Aug. 14, the first date on which lawsuits can be filed under the state’s Child Victims Act. Payouts could reach tens of millions of dollars, according to legal experts. The act, signed by Governor Andrew Cuomo in February, provides a one-year, one-time-only period to seek civil action, regardless of how long ago the abuse occurred. Sexual-abuse cases require tremendous amounts of time before they even get to court. Lawyers report the time it takes to interview survivors, track down potential witnesses and write legal fillings adds up to 12-14 hour workdays and weekends at the office to meet the start of the filing year. Typically, lawyers in civil cases earn a percentage of the payouts. “The texts and calls are endless,” James Marsh of New York based Marsh Law said. “I’ll get an important email at four in the morning.” Among the firms that represent many who were abused by secular figures of authority are Seattle-based Pfau Cochran Vertetis Amala. He alleged abusers come from well known institutions, including hospitals, the Boys and Girls clubs and the Boy Scouts. Jason Amala, of Pfau Cochran Vertetis Amala serves more than 500 clients in New York. Some 200 of Amala’s clients are survivors the late Dr. Reginald Archibald, a former high-profile researcher at Rockefeller University hospital who died years ago but allegedly abused hundreds, if not thousands of young children under the guise of administering medical examinations for more than 40 years. Another 50 clients of the firm  say they suffered abuse while in the Boy Scouts, and 75 clients report they were abused in foster care. His firm represents 175 sex abuse survivors from churches. Since the advent of social media the world is evermore connected. That interconnection has led more survivors to come forward, these lawyers explained. James Marsh initially received a few calls in March 2019. Then the volume of calls exploded. “It sort of snowballed, we got flooded with hundreds of calls,” Marsh said. “We’re just starting to see how sexual abuse is a part of a lot of the ills facing society,” Marsh said. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [Child Victims Act: Massive number of sex abuse cases reward and tax lawyers and staff](https://www.jamesmarshlaw.com/child-victims-act-massive-number-of-sex-abuse-cases-reward-and-tax-lawyers-and-staff/) **Published:** July 31, 2019 **Author:** James R. Marsh **Content:** James Marsh has been working 12-14 hour days during the week, and up to 10 hours on the weekends the last few months. Midnight is a good quitting time, but he’s got old parking receipts reminding him he often stays later. He didn’t go on a vacation this summer. His wife took a trip to Europe without him. His children are grown, his daughter works in the New York City but hasn’t seen much of him either. When his family wants more than the rare glimpse of him, Marsh says he tells them: “If you miss dad you need to blame the legislature for making the Child Victims Act window only a year long.” Marsh helps lead New York-based Marsh Law, one of the key law firms that are handling the mountain of sex abuse cases in New York. He loves the work. His staff loves it, too. But they also say the past few months, and months of litigation ahead, take a toll. Jason Amala, of Seattle-based Pfau Cochran Vertetis Amala has a family and he’s shocked by the repeated failures he’s seen. “When you see the scale of this problem, you need to make sure there’s at least two adults around children, even if that makes you seem a little strange,” Amala said. “You need to make sure adults take it seriously.” As the Aug. 14 window approaches, the second-hand trauma and hyper-vigilance around family is just part of the equation for attorneys on these cases. Many of them are working close to around the clock. “Sometimes I walk into the office and I think I’m home,” Marsh said. Her sentiment is shared by the others. Marsh said he treats every case like its his only case, which can be hard with so many. Attorneys like Simpson Tuegel faces the same circumstances. For Marsh and his clients it’s about getting people who deserve to be heard their day in court, not about money. “No abuse survivor is looking to get rich from their sexual abuse,” Marsh said. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [Child Abuse Victims Want To Know What NY AG Has Found In Catholic Church Files](https://www.jamesmarshlaw.com/child-abuse-victims-want-to-know-what-ny-ag-has-found-in-catholic-church-files/) **Published:** July 28, 2019 **Author:** James R. Marsh **Content:** An ongoing New York investigation that some think could hold a “bombshell” about abuse in the Catholic Church remains secret ­— and victims want to know what’s in it. “We think that New Yorkers deserve the same transparency and openness that citizens in the state of Pennsylvania received from the attorney general report there. And our letter is an attempt to encourage Attorney General Letitia James to do the same thing,” said attorney James Marsh, whose firm is representing hundreds of people who say they were abused by priests. AG James hasn’t commented on the letter. She didn’t start the investigation, her predecessor Barbara Underwood did. “I think the issue with the Catholic Church is they started down this path of transparency. This is just one more aspect of giving a full accountability of the wrongs of the past so that they can move forward with a new day and a better outcome for children in the future,” Marsh said. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Catholic Church, Child Victims Act (CVA), Childhood Sexual Abuse, News, Radio --- ### [New York child sex-abuse victims demand release of ‘secret files’ on pedophile priests](https://www.jamesmarshlaw.com/new-york-child-sex-abuse-victims-demand-release-of-secret-files-on-pedophile-priests/) **Published:** July 27, 2019 **Author:** James R. Marsh **Content:** Child sex-abuse victims are calling on the New York Attorney General’s office to release the Catholic Church’s “secret files” on predatory priests, The Post has learned. On the heels of a bombshell Pennsylvania report on child-sex abuse by Catholic clergy, former New York AG Barbara Underwood launched a sweeping probe in September 2018. Underwood subpoenaed all eight Catholic dioceses in New York state to explore whether churches “potentially covered up allegations of extensive sexual abuse of minors,” the office stated. Last week, Manhattan-based Marsh Law Firm sent a letter to current AG Letitia James urging her office to release the “secret files.” “Survivors have fought for the right to seek justice for decades, and deserve access to these files as soon as possible,” attorney Jennifer Freeman wrote to James. \[pdf-embedder url=”https://www.jamesmarshlaw.com/wp-content/uploads/2019/07/Letter-to-AG-Secret-Files.pdf”\] ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Catholic Church, Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [When a Child Discloses Abuse](https://www.jamesmarshlaw.com/when-a-child-discloses-abuse/) **Published:** July 24, 2019 **Author:** James R. Marsh **Content:** You are a teacher, a child care worker, a program administrator, or any other person who has contact with children. One day, you observe a child engaged in highly abnormal sexual play, for example, putting a doll’s head close to the child’s genital area, or “humping” another child. You know from experience working with children that this is unusual. Perhaps a child hints that they may have been physically or sexually abused. What should you do? \[pdf-embedder url=”https://www.jamesmarshlaw.com/wp-content/uploads/2019/07/When-a-child-discloses-abuse.pdf”\] ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Childhood Sexual Abuse, Marsh Law Firm Blog --- ### [What the New York Archdiocese suing its insurers could mean for sexual abuse survivors](https://www.jamesmarshlaw.com/what-the-new-york-archdiocese-suing-its-insurers-could-mean-for-sexual-abuse-survivors/) **Published:** July 2, 2019 **Author:** James R. Marsh **Content:** *If the New York Archdiocese — which covers downstate counties including Hudson Valley churches — loses, that could set a precedent for denying coverage of diocese in upstate New York, lawyers say.* The legal move by the Archdiocese of New York to sue dozens of its insurance companies could impact survivors seeking to file sexual abuse suits next month when the state’s window opens. In what many plaintiffs’ lawyers are calling a positive first step, the archdiocese is seeking a court order to force 32 of its insurance companies to honor their policies with the archdiocese. Attorney Mike Pfau, of Seattle-based Pfau, Cochran, Vertetis & Amala, thinks it’s a welcomed step from the archdiocese. “The Archdiocese owes a moral and corporate debt to the survivors of abuse,” Pfau said. Pfau said the suit isn’t just to secure a source of funding for the coming settlements and judgments, but to also enforce the insurance contract provision that provides for defense costs. Pfau represents 50 clients who plan to file claims against the archdiocese come Aug. 14 when the one-year window opens to file claims. If the court grants the order, the archdiocese can access funds for legal defense fees and possibly settlements. If the insurance carriers win the case, the archdiocese would be exposed to massive legal costs. If the New York Archdiocese — which covers New York, Bronx, and Richmond counties along with Westchester, Rockland and other Hudson Valley counties — loses, that could set a precedent for denying coverage of diocese in upstate New York, Pfau said. James Marsh, of New York-based Marsh Law, agrees that the upstate dioceses, like Rochester, are in worse shape financially than New York Archdiocese. “We expect that many of the diocese upstate will declare bankruptcy, Marsh said. “Many don’t have the assets of the New York Archdiocese.” Pfau thinks bankruptcy is a mixed bag, bringing benefits andrisks. “While bankruptcy streamlines the payment process for survivors, issues with transparency arise,” Pfau said. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Catholic Church, Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [Catholic Church sues insurers as opening for filing lawsuits under Child Victims Act draws near](https://www.jamesmarshlaw.com/catholic-church-sues-insurers-as-opening-for-filing-lawsuits-under-child-victims-act-draws-near/) **Published:** July 1, 2019 **Author:** James R. Marsh **Content:** The New York Archdiocese has sued its insurance companies to demand legal protection and coverage as it braces for exposure it will face once sex abuse victims begin filing lawsuits next month under New York’s Child Victims Act. The complaint by the archdiocese, filed last week in Manhattan Supreme Court, lists more than two dozen insurers as defendants, and claims “the insurers … intend to dispute, limit and/or deny coverage for claims and lawsuits alleging sexual abuse and physical abuse.” Several of the defendants listed in the complaint are members of the Chubb Group of Insurance Companies. Michael Pfau, a lawyer whose firm represents 50 alleged victims within the archdiocese and 500 victims around the state, said the lawsuit seems to show the church is getting ready to absorb significant legal fees and liabilities over abuse claims. “It’s not uncommon for the insurance companies — at least initially — to balk at paying,” Pfau said. “This is a very positive step. We want to see the archdiocese secure coverage.” Among other provisions, the law includes a one-year “look-back window” that allows those who weren’t able to sue in the past to file fresh claims. That window opens in August. “It is an acknowledgement that the Archdiocese of New York has enormous potential exposure,” Pfau said. “The statute of limitations is the major defense they use around the country. They cannot assert that here.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Catholic Church, Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [Man shares allegations of abuse at hands of Albany-area priest](https://www.jamesmarshlaw.com/claims-of-sex-abuse-against-a-former-priest/) **Published:** June 11, 2019 **Author:** James R. Marsh **Content:** NewsChannel 13 exclusively obtained “complainant’s statements” submitted by Michael Harmon to the lawyers for the Roman Catholic Diocese of Albany, which confirmed it had forwarded to state prosecutors for review. According to Harmon’s statements, throughout his teenage years he was molested by a former priest in the Roman Catholic Diocese of Albany named Edward Pratt. Additionally, Harmon claims he was threatened with arrest when he went to the bishop at the time for help. Now decades later, Harmon and others are starting to speak out as attorneys across New York State and beyond are preparing lawsuits under the recently passed Child Victims Act. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Catholic Church, Child Victims Act (CVA), Childhood Sexual Abuse, News, Television, Video --- ### [Retired judge reveals his childhood sex abuse so others will file Child Victims Act claims](https://www.jamesmarshlaw.com/retired-judge-reveals-his-childhood-sex-abuse-so-others-will-file-child-victims-act-claims/) **Published:** June 13, 2019 **Author:** James R. Marsh **Content:** Retired acting New York State Supreme Court Judge Charles Apotheker said he struggled with his decision to identify himself as a victim of accused serial sexual predator Dr. Reginald Archibald, who is believed to have abused thousands of children during his tenure as an esteemed pediatric endocrinologist at Rockefeller University Hospital. The 72-year-old Apotheker, though, knew he could help other victims. He knew his own “outing” would make it more difficult to ignore accusations about decades of molestations by the now-deceased doctor. “I was angry. I was angry there were naked pictures of me and hundreds of others that no one can find. I was angry for parents, like mine,” said Apotheker, reflecting on his father, who died 30 years ago, and mother, who he lost five years ago, and their trust in this doctor who was so highly recommended. “They would feel so guilty.” So, Apotheker — a former Haverstraw Town Court and Rockland County Court judge who served in drug court and then was supervising judge for town and village justice courts in the 9th Judicial District — came forward. He wrote a compelling op/ed in the New York Law Journal that was published this month. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Archibald Scandal, Cases, Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [Town Hall: Silent No More](https://www.jamesmarshlaw.com/town-hall-silent-no-more/) **Published:** June 3, 2019 **Author:** James R. Marsh **Content:** ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Catholic Church, Child Victims Act (CVA), Childhood Sexual Abuse, News, Video --- ### [Judge Comes Forward With Devastating Story Of Sexual Abuse At Rockefeller University](https://www.jamesmarshlaw.com/judge-comes-forward-with-devastating-story-of-sexual-abuse-at-rockefeller-university/) **Published:** June 6, 2019 **Author:** James R. Marsh **Content:** In a frank personal essay published on Law.com, former Acting New York State Supreme Court justice Charles Apotheker details sexual abuse he suffered as a child. Apotheker’s abuser has been in the news a lot lately as the decades that Dr. Reginald Archibald, a pediatric endocrinologist at the Rockefeller University Hospital, spent allegedly abusing young boys has come to light. In the article, Apotheker says he kept the pain and memories of the abuse in a 60-year-old “mental box.” But now with the investigation into Dr. Archibald’s actions, done by Debevoise & Plimpton, it’s increasingly clear that the hospital was aware of allegations against Archibald. Apotheker says that with the publicity, he’s been flooded with memories of abuse. Judge Apotheker should be applauded for taking the difficult and important step of coming forward. Having such a prominent member of the legal system talk about the abuse he suffered helps to destigmatize abuse and works to crack the cone of silence that all too frequently allows abusers to operate in the shadows for years. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Archibald Scandal, Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [Ex-NY Supreme Court Justice Reveals He Was Sexually Abused 60 Years Ago at Rockefeller University](https://www.jamesmarshlaw.com/ex-ny-supreme-court-justice-reveals-he-was-sexually-abused-60-years-ago-at-rockefeller-university/) **Published:** June 5, 2019 **Author:** James R. Marsh **Content:** By Charles Apotheker I remembered being placed against a wall naked with my hands extended out towards him. And then I remember the picture-taking. Pictures of my naked 13-year-old body, followed by measurements of my penis. Then it all went blank. When revelations came to light that Dr. Reginald Archibald, a well-respected pediatric endocrinologist at the Rockefeller University Hospital, had spent decades sexually abusing young boys under the guise of medical “treatment,” I was flooded with memories that I thought were tightly sealed away in a mental box from 60 years ago. When the hospital’s own attorneys released a report recently confirming that Rockefeller University officials knew about the abuse but allowed it to continue, I got angry. I remembered being taken to a hospital by my mother and being led into an examination room by this white-haired doctor. I remembered being alone with Dr. Archibald and being told to take off all my clothes. I remembered being placed against a wall naked with my hands extended out towards him. And then I remember the picture-taking. Pictures of my naked 13-year-old body, followed by measurements of my penis. Then it all went blank. Until recently, claims against Rockefeller University in New York State would have been time-barred by law, blocking victims today from bringing actions against perpetrators of past child sex abuse. However, the passage of the Child Victims Act now allows adults who were abused as children to renew these claims and finally hold institutions that served as breeding grounds for predators to account for their role in enabling and covering up the crimes of those they protected. And while recent legislation will provide a limited opportunity for victims of Dr. Archibald and Rockefeller University to file a civil action, it’s also time for the Manhattan District Attorney to launch a full-scale investigation, starting with its own investigation in 1960, about who knew what and when, and who made the decision to cover it up. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Archibald Scandal, Cases, Child Pornography, Child Victims Act (CVA), Childhood Sexual Abuse, News, Opinion --- ### [A Former Boy Scout Speaks Out About Abuse](https://www.jamesmarshlaw.com/a-former-boy-scout-speaks-out-about-abuse-nbc-news-now/) **Published:** June 3, 2019 **Author:** James R. Marsh **Content:** Former Boy Scout Darrell Jackson speaks out about abuse he suffered while in the Boy Scouts of America. Darrell says when he realized something was wrong he told his grandmother who went to the police, and he grew up having to protect himself from ridicule. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Victims Act (CVA), Childhood Sexual Abuse, News, Scouting, Video --- ### [In emotional interviews, ex-Scouts open up about abuse](https://www.jamesmarshlaw.com/in-emotional-interviews-ex-scouts-open-up-about-abuse/) **Published:** May 28, 2019 **Author:** James R. Marsh **Content:** Sharing their stories doesn’t come easily for these middle-aged men. At times, their eyes well up or their voices crack as they describe being sexually abused in the Boy Scouts and suffering from emotional damage long afterward. Looking back, they all remember vividly how excited they were to become Scouts. “I was real gung-ho about getting my badges — fishing and campfires and all of that,” said Darrell Jackson, now a 57-year-old New Yorker. “It was good at the beginning.” Jackson, whose unit leader was convicted of sodomy and imprisoned for about 18 months, is among hundreds of men across the U.S. who have recently contacted lawyers for help suing the Boy Scouts of America for sex abuse they say they suffered at the hands of scout leaders. Many of the men are from New York, which this year adjusted its restrictive statute-of-limitations law. The changes allow victims of long-ago abuse to sue for damages during a one-year window starting in August. New Jersey enacted a similar law this month. California is on track to follow suit. Jason Amala, one of Jackson’s and Luna’s lawyers, said scout officials failed to take reasonable steps to protect the boys from the foreseeable harm of being sexually abused by scout leaders. The claims will seek unspecified compensatory damages for pain and suffering and punitive damages based on an allegation that the BSA intentionally concealed their knowledge of the danger. “We get people who call us virtually every day who still think it’s their fault. And until the Scouts are fully transparent and accountable, you’re going to have that problem,” Amala said. “It wasn’t their fault — not their parents’ fault, not their moms’ fault. It was the Boy Scouts’ fault.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Victims Act (CVA), Childhood Sexual Abuse, News, Scouting --- ### [New report: Rockefeller University Hospital knew about alleged sex abuse as early as 1960s](https://www.jamesmarshlaw.com/new-report-rockefeller-university-hospital-knew-about-alleged-sex-abuse-as-early-as-1960s/) **Published:** May 23, 2019 **Author:** James R. Marsh **Content:** - The report also details a letter from a former patient written in 1996 claimed sexual abuse by Archibald - Report concludes warnings signs were apparent and more could have been done to stop Archibald - Nude photos of patients are still unaccounted for, but the law firm believes most were destroyed. - Debevoise also found that complaints to the NYPD and the FBI were made around 1989–1990 Dr. Reginald Archibald, formerly of Pelham, allegedly abused hundreds and possibly thousands of children during his tenure at Rockefeller University Hospital. “It is clear that Dr. Reginald Archibald engaged in acts of sexual misconduct and sexual abuse toward many of his pediatric patients while employed by Rockefeller University Hospital,” read the report by Debevoise & Plimpton LLP, conducted at the hospital’s request. The report details new findings and confirms many of the allegations about how Archibald used his status to find victims. One stunning development revealed was that Archibald kept a cabin on a remote island in Canada where he invited patients, according to the report. Archibald would invite the children there under the pretext given to the parents of a special summer opportunity for them. Several people have claimed that Archibald abused them at the cabin, according to the Debevoise report. Jennifer Freeman, at Marsh Law Firm PLLC, which represents more than 200 alleged victims, provided this statement. “While this report is far from a complete picture of the atrocities committed by Dr. Archibald, it offers a shocking confirmation that Rockefeller University Hospital knowingly employed a child sexual abuser for decades,” Wrote Freeman. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Archibald Scandal, Cases, Child Pornography, Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [Investigation Finds Deceased Doctor Sexually Abused Many Children](https://www.jamesmarshlaw.com/investigation-finds-deceased-doctor-sexually-abused-many-children/) **Published:** May 24, 2019 **Author:** James R. Marsh **Content:** Lawyers hired by Rockefeller University Hospital to look into allegations against prominent pediatric endocrinologist Dr. Reginald Archibald found that he sexually abused many patients. Archibald, from Pelham, died in 2007. He treated children at Rockefeller University Hospital from the 1940s through the 1980s. Lawyers interviewed a thousand witnesses. They found Archibald photographed patients and took some to a private cabin on a remote Canadian island. The investigation uncovered evidence of a grand jury proceeding in 1961 in Manhattan, but there was no indictment. The physician-in-chief at the time knew of accusations and thought the doctor’s methods were questionable. Nothing was done. There were also reports to the NYPD and FBI 30 years ago, and the Pelham Police and Westchester County District Attorney 20 years ago. Attorney Jennifer Freeman represents 200 people who say they were abused. “They are angry, they’re frustrated, they’re disappointed that Rockefeller seems to have known and this could have been stopped,” Freeman said. “If they had done what they should have done in late 1960, early 1961 I’m guessing that approximately 90 percent of these children would not have faced abuse.” The alleged victims want the hospital held accountable. “This confirms what we have believed which is that Rockefeller University knowingly allowed this to go on, knowingly allowed thousands of children to be sexually abused by Dr. Archibald and did nothing to protect them,” Freeman said. A change in state law that takes effect in August will finally allow them to sue. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Archibald Scandal, Cases, Child Pornography, Child Victims Act (CVA), Childhood Sexual Abuse, News, Radio --- ### [UES Hospital Missed Warning Signs Of Predator Doctor: Report](https://www.jamesmarshlaw.com/ues-hospital-missed-warning-signs-of-predator-doctor-report/) **Published:** May 23, 2019 **Author:** James R. Marsh **Content:** Lawyers representing survivors of Archibald’s abuse say the report offers proof that “Rockefeller University Hospital knowingly employed a child sexual abuser for decades,” Marsh Law Firm attorney Jennifer Freeman said in a statement. Marsh Law Firm is representing more than 200 of Archibald’s accusers. “Over a 40-year period, Dr. Archibald abused more than 1,000 children on University grounds, under the guise of scientific study. Moreover, the University has now admitted that Dr. Archibald kept detailed note cards on each patient, with written records proving that pornographic images of his patients were taken – something that survivors have long been asking to see. The fact is, Rockefeller University knew that Dr. Archibald was under grand jury investigation and had multiple abuse complaints filed against him – but they allowed his abuse to continue anyway,” Freeman said in a statement. Victims of Archibald have previously called on Rockefeller University to turn over any illicit photographs the doctor took of them. Investigators with Debevoise & Plimpton were unable to track down records of these photographs, according to Thursday’s report. Searches have taken place at the Rockefeller University campus and off-site archive facilities. Investigators believe the evidence indicates Archibald may have destroyed many of the photos. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Archibald Scandal, Child Pornography, Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [‘Pool doctor’ molested countless children for decades, investigation confirms](https://www.jamesmarshlaw.com/pool-doctor-molested-countless-children-for-decades-investigation-confirms/) **Published:** May 23, 2019 **Author:** James R. Marsh **Content:** The report, released Thursday, confirmed the doctor’s decades-long reign of predatory abuse. “It is clear that Archibald, taking advantage of his position as a trusted and respected physician and researcher, engaged in a widespread pattern of misconduct and sexually abused many children at the Hospital over the course of many years when offering patients medical care and treatment,” the report found. In addition to photographing countless children naked, Archibald masturbated patients under the pretext of drawing semen samples for research purposes, according to the report. He routinely fondled children he examined and would even brush his face against their genitals. “Much of Archibald’s behavior must be seen as motivated by improper sexual interests,” the report said. Attorney Jennifer Freeman, who is representing 150 of his accusers, has called Archibald — who gathered patients from his position as “pool doctor” at the Madison Square Boys Club — “the most prolific pedophile in U.S. history.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Archibald Scandal, Child Pornography, Child Victims Act (CVA), Childhood Sexual Abuse, Madison Square Boys Club MSBC, News --- ### [Former Catholic brother speaks out about church sex abuse scandal](https://www.jamesmarshlaw.com/former-catholic-brother-speaks-out-about-church-sex-abuse-scandal/) **Published:** May 11, 2019 **Author:** James R. Marsh **Content:** Allegations of sex abuse within the Catholic Church have been widespread for years, but it’s not often that someone from within the clergy talks about the problem. Richard Cardillo is one of the few who will. Cardillo was a Christian Brother — a member of the teaching order within the Catholic Church — from 1976 to 1990. He described child sex abuse as an accepted part of the culture, only spoken about in whispers. Cardillo said the hushed conversations would include questions like, “I wonder what he did with that kid? And I wonder where he got caught? Can he keep it in his pants?” Before joining the order himself, Cardillo said he experienced this behavior firsthand, allegedly abused by a brother on a field trip during his junior year of high school at Iona Prep in Westchester. “He came into the bed next to me and automatically started caressing me, started rubbing me all over,” recalled Cardillo. Cardillo is represented by Jennifer Freeman of Marsh Law Firm. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Catholic Church, Child Victims Act (CVA), Childhood Sexual Abuse, News, Television --- ### [Buffalo-area Boy Scout leaders linked to sex abuse involving children](https://www.jamesmarshlaw.com/buffalo-area-boy-scout-leaders-linked-to-sex-abuse-involving-children/) **Published:** May 10, 2019 **Author:** James R. Marsh **Content:** More than two dozen Boy Scout leaders from the Buffalo area have been charged by police with molesting children or morals crimes involving children or were barred by the Boy Scouts of America from registering as Scout leaders due to allegations against them involving children. The Boy Scouts put some of these Scout leaders in their “Perversion Files,” also known as the “Ineligible Volunteer Files,” which an Oregon judge forced them to release in 2012. Those files contained information about allegations made between 1965 and 1985. The Buffalo News also added to this list Scout leaders who are not in the “Perversion Files” but were charged with crimes involving children. The information about those individuals comes from newspaper archives and public records. 1. **Richard J. Aycoth** — Boy Scout records indicate Aycoth resigned as a leader of Troop 571 in Tonawanda in 1963, three years after he was sentenced to one year in state prison for impairing the morals of a minor. The prison term was suspended and he was put on probation. A Buffalo Evening News story said two 11-year-old boys were the victims. At the request of Greater Niagara Frontier Council leaders, Aycoth was allowed to register as a committeeman at Troop 455 in Amherst in 1973 despite being in the “Perversion Files.” 2. **William D. Baker** – He resigned in August 1988 as a leader of a Boy Scout Troop 547 in Lackawanna. The Greater Niagara Frontier Council indicated Baker resigned because of “child molestation,” according to the Boy Scout records, which say Baker pleaded guilty to two counts of second-degree criminal sexual act in Erie County Court. The charges accused him of having sexual contact with a person under the age of 15. He was added to the “Perversion Files” in 1988. 3. **Kenneth A. Dingman** – Troop 48 in Albion forced Dingman to resign as a committeeman after Albion police accused him of impersonating an officer, according to Boy Scout records. Dingman was added to the “Perversion Files” in 1971. In 1974, the Scouts allowed Dingman to register as a Webelos leader in Cub Scout Pack 3026 in the Lewiston Trail Council. In 1975, Dingman was charged with sexual abuse involving a 12-year-old boy, pleaded guilty to a crime and was sentenced to three years on probation, according to the Scout records. Dingman was arrested two more times, once in 1990 for sexual abuse and then in 1996 on a count of third-degree sodomy for assaulting a 15-year-old boy in a barn, The News reported in 2012. Dingman spent six years in prison for the last conviction. He is listed on the state sex offender registry. 4. **George R. Fowler** – Fowler was scoutmaster of Troop 249 in Buffalo when he was arrested in 1994 on charges of sodomy, sexual abuse, attempted sexual abuse and endangering the welfare of a child, according to Buffalo News archives. He was accused of molesting three Scouts at his house and during a Scout camping trip at Beaver Island State Park. In 1995, Fowler was sentenced to 20 months to five years in prison after pleading guilty to sodomy. 5. **Gary R. Germeo** – Germeo was a committeeman at Explorer Post 59 in Clarendon when he was indicted in 1985 on rape, sexual abuse and endangering the welfare of a child charges by an Orleans County grand jury, according to Boy Scout records. The records say Germeo was convicted in 1986 of three counts of sexual abuse and sentenced to probation. A 1986 story in the Medina Journal-Register says Germeo was sentenced to probation for attempted rape. He was added to the “Perversion Files” after that. 6. **John E. Grace** – Grace was added to the “Perversion Files” in 1989 after Scout leaders discovered he had been convicted of rape years earlier. Grace was a scoutmaster of Troop 567 in Depew in 1981, according to Boy Scout records. He was sentenced to 5 to 15 years in prison that year for sex crimes in four counties in Western New York, including the rapes of teenage girls, according to news accounts. He served 12 years in prison before being released. 7. **Norman F. Grimm Jr.** – The former South Buffalo Boy Scout leader and church custodian was sentenced to 15 years in prison in 2008 for molesting three young boys in his Ryan Street home. Grimm was also sentenced to 25 years in prison on federal child pornography charges. 8. **Daniel Huzinec** – He was arrested in 2015 on charges of sexual exploitation of a child and possession of child pornography, according to Buffalo News archives. Huzinec admitted taking sexually explicit photos of a sleeping 16-year-old boy while he was an assistant scoutmaster chaperoning a Scout overnight trip, according to prosecutors. He also posed as a girl online to get a former member of his troop to send him explicit photos. Huzinec, who pleaded guilty to receiving child pornography, was sentenced to 14 years in prison in 2018. 9. **Donald A. Hodge** – Hodge was put in the “Perversion Files” in 1965 and barred from Scouting. He was a scoutmaster at Troop 83 in Buffalo for eight to 10 years before he resigned, according to Boy Scout records. Two days later he was arrested by Buffalo police on a morals charge involving a minor. He pleaded guilty the next day, was sentenced to a suspended one-year term in the Erie County Penitentiary, and put on probation. A Buffalo Courier-Express story says the case involved a 12-year-old boy. Hodge later applied to be a Troop 83 committeeman, but his registration was denied, Scout records show. 10. **Timothy H. Jones** – Jones was put in the “Perversion Files” in 1989 and barred from Scouting after he was accused by Buffalo police of four counts of sodomy with teenage boys, according to Boy Scout records. Jones had been a leader at Explorer Post 10 in Buffalo and was a teacher’s aide at South Park High School when he molested three boys, according to Buffalo News archives. The victims were not Scouts. Jones pleaded guilty to three sodomy felonies and was sentenced in 1989 to four to 12 years in prison. 11. **Kollin Roy King** – The former Frontier School District fifth-grade teacher was arrested in 2007 on a charge of using the internet to arrange a sexual liaison with an undercover agent posing as a 14-year-old boy, according to Buffalo News archives. He was a longtime Boy Scout volunteer who was scheduled to become director of Camp Scouthaven in 2007 for boys in first to fifth grades. Agents said King told them he had never molested any of his students or Scouts he knew. King was sentenced in 2007 to 8 1/2 years in prison for possessing child pornography. 12. **Robert H. Knoer** – Knoer resigned as assistant cubmaster of Pack 535 in Buffalo in 1966 about five months before he was put in the “Perversion Files.” Scout records indicate Knoer had been found guilty of impairing the morals of a minor and sentenced to one year in the Erie County Penitentiary in 1962. A Tonawanda News story about the conviction said the case involved a 15-year-old boy. 13. **Charles E. Ladison** – He was an assistant scoutmaster in Norfolk, Va., when he was put in the “Perversion Files” in 1982 for contributing to the delinquency of minors. He had previously served as a Scout leader in 1977 and 1978 in Troop 24 in Belmont, in Allegany County. In 1984 he was sentenced to 55 years in prison for raping a 10-year-old Norfolk girl, according to Scout records. He previously was sentenced to three years in prison for aggravated sexual battery of a 13-year-old girl in Norfolk during a beer-drinking party Ladison threw with children at a Boy Scout meeting hall where he was assistant scoutmaster. 14. **Laverne S. Lamkin** – He was scoutmaster of Troop 66 in Indian Falls, in Genesee County, in 1977 when a 15-year-old Scout told officials that Lamkin showed him Playboy magazines, gave him alcohol, molested him and let him drive Lamkin’s vehicle 1,000 miles on a Scout camping trip in Nova Scotia, according to Boy Scout records. The Scouts notified then-Genesee County Sheriff Roy Wullich, who initiated a criminal investigation. The sheriff gave Lamkin a choice: resign from the Scouts or face further investigation, according to the Scout records. Lamkin resigned. He was added to the “Perversion Files.” 15. **Richard E. Martin** – Martin served as scoutmaster of Troop 257 on Grand Island in 1966 and as assistant scoutmaster with Troop 335 in Buffalo in 1967. He was put in the “Perversion Files” and barred from Scouting after being accused in 1967 of molesting several boys from Troop 335 on a camping trip in Canada. Three former Scouts sued the national BSA and the Greater Niagara Frontier Council in 2013, alleging Martin molested them, according to Buffalo News archives. 16. **Daniel J. McCarthy** – He was a leader of Boy Scout Troop 518 in Orchard Park when he was charged in 2006 with raping a 14-year-old girl two years earlier, according to Buffalo News archives. He pleaded guilty to attempted second-degree rape and attempted second-degree criminal sexual act. He was sentenced to six months in jail in 2007. 17. **Lowell L. Merritt** – Merritt was arraigned in Newstead Town Court in 1969 on a public lewdness charge, according to Boy Scout records. He was a committeeman for Troop 67 in Corfu at the time. Scout officials said they learned he had previously been sentenced to probation for disorderly conduct following a 1967 arrest on an indecent exposure charge involving a 14-year-old girl, Scout records show. 18. **James Molyneaux** – In 2005, the retired teacher and Boy Scout leader was convicted of five child sodomy and sex abuse counts involving two Scouts in a Cattaraugus County troop he led. The victims were 12 and 13 at the time of the abuse. 19. **William C. Parker** – Parker, a teacher and Scoutmaster of Troop 175 in Barre Center, in Orleans County, was convicted in 1967 of endangering the life or health of a child, according to a State Department of Corrections record. He had been accused of showing a 12-year-old boy photos of nude females and making the boy masturbate, according to Scout records. Parker was fined $500, put on probation and sentenced to a suspended 3-month jail term. Parker resigned as Scoutmaster in 1968, when he was put into the “Perversion Files.” 20. **Robert Tatu** – The former aide to Buffalo Mayor Jimmy Griffin pleaded guilty to two felony sodomy charges in 1990 and was sentenced to six months in jail. Tatu, a former Cub Scout pack volunteer in South Buffalo and Buffalo Police Athletic League president, admitted sexual contact with 14-year-old and 16-year-old boys. The Scouts added Tatu to the “Perversion Files” in 1989 after he was arrested. 21. **Robert P. Voelker** – Voelker was a leader of an Explorers Post in Lancaster in 2001 when Scout officials received a complaint that he had molested two 16-year-old members. The Scouts removed him and contacted authorities. Voelker was arrested in 2003 and indicted on 15 counts of sodomy, sexual abuse and child endangerment, according to Buffalo News archives. He was sentenced later that year to six months in the county correctional facility after he pleaded guilty to sodomy and endangering the welfare of a child. 22. **Michael P. Walleshauser** – Walleshauser was an assistant Boy Scout leader at a Clarence troop when he was charged in 2010 with sexual abuse of two brothers, aged 9 and 11, according to Buffalo News archives. The boys were not Scouts. He had also been a Scout leader for 19 years at Troop 279 in Amherst. Walleshauser pleaded guilty to attempted first-degree criminal sexual act and attempted second-degree sexual abuse. He was sentenced in 2011 to five years in prison, according to Buffalo News archives. 23. **Ronald C. Williams** – Williams, a former Buffalo police officer and Scout leader, has been sentenced to prison for sex crimes with children in Erie County, as well as in Florida and Pennsylvania. Bob O’Donnell of the Town of Boston told The Buffalo News Williams molested him in the late 1970s when he was a Boy Scout in a troop in Blasdell where Williams was a leader. 24. **William H. Winters** – Winters was a committeeman with Troop 3 in Lockport in 1975 when Lockport police arrested him, according to Boy Scout records. He was accused of forcing his way into a home and pressuring 15-year-old and 14-year-old sisters to take off their clothes by threatening to kill their mother if they didn’t, the Lockport Union-Sun reported. Winters was charged with attempted rape, coercion and burglary. The Scouts added Winters to their “Perversion File” shortly after that. 25. **Dennis A. Woodard** – In 1968, Lancaster police charged Woodard with endangering the welfare of a child and possessing obscene material after a 14-year-old Boy Scout said Woodard tricked him into posing for nude photos, according to The Post-Standard of Syracuse. At the time Woodard was a teacher in a Buffalo public school and a leader of Troop 225 in Kenmore. He pleaded guilty in May 1968 to a reduced charge of harassment and was fined $25, according to the newspaper. Woodard was hired in 1970 to be a teacher in Union Springs. The sixth-grade teacher was charged in 1993 with receiving and sending child pornography. The investigation was prompted by a man who claimed Woodard abused him as a child in the early 1980s at a Boy Scout camp in Owasco where Woodard worked. Woodard pleaded guilty to sexually exploiting minors by photographing or filming them engaging in sexually explicit acts and possessing child pornography. He admitted having sexual contact with three 14-year-old boys and a 13-year-old boy. Woodard was sentenced in 1993 to nine years in prison. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Childhood Sexual Abuse, News, Scouting --- ### [Lawsuits expected as dozens of WNY Boy Scout leaders accused of sex abuse](https://www.jamesmarshlaw.com/lawsuits-expected-as-dozens-of-wny-boy-scout-leaders-accused-of-sex-abuse/) **Published:** May 10, 2019 **Author:** James R. Marsh **Content:** Ronald C. Williams has served prison sentences in three states for child sex abuse felony convictions over the past 28 years. But Williams’ penchant for sexually abusing children goes back to when he was a K-9 patrolman on the Buffalo police force and volunteered with the Boy Scouts, according to Bob O’Donnell of the Town of Boston. O’Donnell said Williams, who had been his Cub Scout leader, abused him at least 10 times in the mid-1970s, when O’Donnell was 13 or 14 and Williams took him canoeing and camping on Eighteen Mile Creek. “The guy pretty much raped me, more than once, by giving me enough alcohol so that I didn’t even realize what was going on,” said O’Donnell, who is now 54. Williams is among the more than two dozen Western New York-area Boy Scout leaders since the 1950s who have been accused of molesting children or of sex-related offenses. Nineteen were charged with crimes. When a one-year window opens in August allowing decades-old claims of sex abuse to be heard in New York courts for the first time, some attorneys said the number of lawsuits against the Boy Scouts of America could rival or even surpass those facing Catholic dioceses. O’Donnell has hired attorney Jason P. Amala of Seattle to sue the Boy Scouts, under a new state law that gives potentially thousands of survivors of sex abuse by Scout leaders an opportunity to seek justice in a civil court. Court orders since 2012 in other parts of the country have made public the names of about 5,000 Scout leaders who were accused of abuse in internal Boy Scouts of America “Ineligible Volunteers” documents known as the “perversion files.” Amala said he believes the names revealed in the files amount to a fraction of the overall number of Boy Scout perpetrators. “Most of the people that we have represented over the years have been abused by Scout leaders who are not in the files,” he said. In 1974, the Boy Scouts approved the registration of Kenneth Dingman on a two-year probationary term, even though Dingman’s name had been on the ineligible volunteer list since 1971, according to the Scouts’ files. Dingman ended up pleading guilty to sexual abuse in 1975. In another instance, Richard J. Aycott was banned in 1961 due to conviction of impairing the morals of a minor, according to the Scouts’ files. Nonetheless, the Greater Niagara Frontier Council in 1973 recommended to the national organization that Aycott be allowed to register again on a probationary period. It’s not clear from the files whether Aycott resumed being a Scout leader. The Boy Scout files also don’t mention at least four Buffalo priests affiliated with the Scouts who were named to the Buffalo Diocese’s list of clergy with substantiated allegations of abuse: the Rev. Samuel Venne, the Rev. Norbert F. Orsolits, the Rev. Joseph A. Schuster and the Rev. James H. Cotter. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Victims Act (CVA), Childhood Sexual Abuse, News, Scouting --- ### [Boy Scouts Could Be Hit With More Sex Abuse Claims](https://www.jamesmarshlaw.com/boy-scouts-could-be-hit-with-more-sex-abuse-claims/) **Published:** April 24, 2019 **Author:** James R. Marsh **Content:** Sexual abuse settlements have already strained the Boy Scouts’ finances to the point where the organization is exploring “all available options,” including Chapter 11 bankruptcy. But now the financial threats have intensified. The reason: States have been moving in recent months to adjust their statute-of-limitations laws so that victims of long-ago sexual abuse can sue for damages. New York state has passed a law that will allow such lawsuits starting in August. A similar bill in New Jersey has reached the governor’s desk. Bills also are pending in Pennsylvania and California. In New York and elsewhere, lawyers are hard at work recruiting clients to sue the Boy Scouts, alleging they were molested as youths by scoutmasters or other volunteers. A bankruptcy by the Boy Scouts could be unprecedented in its complexity, potentially involving plaintiffs in virtually every state, according to several lawyers. It would be national in scope, unlike the various Catholic Church bankruptcy cases in the U.S., which have unfolded diocese by diocese. “A Boy Scout bankruptcy would be bigger in scale than any other sex abuse bankruptcy,” said Seattle-based attorney Mike Pfau, whose firm is representing more than 300 victims in New York state. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Victims Act (CVA), Childhood Sexual Abuse, News, Scouting --- ### [Man sues Iona Prep over alleged sexual abuse by teacher 40 years ago](https://www.jamesmarshlaw.com/man-sues-iona-prep-over-alleged-sexual-abuse-by-teacher-40-years-ago/) **Published:** April 16, 2019 **Author:** James R. Marsh **Content:** A man is suing Iona Prep in New Rochelle claiming he was abused by a brother and teacher from the school about 40 years ago. Richard Cardillo tells News 12 that he was sexually abused when he was 17 years old by Iona Prep teacher Brother Tony Ferro. He now claims, 43 years later, that the Irish Christian Brothers and the school knew Ferro had done this before. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Catholic Church, Child Victims Act (CVA), Childhood Sexual Abuse, News, Television, Video --- ### [Nuns Sexually Abused These Women For Years. Now Survivors Speak Out.](https://www.jamesmarshlaw.com/nuns-sexually-abused-these-women-for-years-now-survivors-speak-out/) **Published:** April 11, 2019 **Author:** James R. Marsh **Content:** ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Abuse by Nuns, Catholic Church, Childhood Sexual Abuse, News, Video --- ### [Women Sexually Abused By Catholic Nuns Speak Up: She Told Me It Was ‘God’s Love’](https://www.jamesmarshlaw.com/women-sexually-abused-by-catholic-nuns-speak-up-she-told-me-it-was-gods-love/) **Published:** April 11, 2019 **Author:** James R. Marsh **Content:** Two survivors share stories of grooming, emotional manipulation and sexual abuse by nuns in the Catholic Church. The predator nun walked into Trish Cahill’s life straight out of the blue, on a busy summer day in the late 1960s. Cahill was a teenager back then, wire thin with long, chestnut brown hair framing her face. She was babysitting her cousins in Glen Rock, New Jersey, and there were eight of them to look after ― a big Catholic family, much like her own. One cousin was playing outside that day and Cahill had another little one in a high chair in the kitchen. It was quite a common child care tactic at the time, she said ― stick a kid in a playpen in the yard and watch through the window while doing chores and taking care of the others inside. Cahill was washing dishes at the sink when she looked up and spotted a nun, in a full religious habit, hovering over the baby’s playpen. At that point in her life, the teenager was still trying to make sense of a painful secret ― the sexual abuse she says she experienced just years earlier from her uncle, a Catholic priest. So when she saw the nun leaning over the baby, Cahill said, she sprinted outside to protect the child. “It was like, ‘You’re not going to touch her, you’re not going to put your hands on her,’” Cahill remembers thinking. But the nun she met took her by surprise. For over a year, the Roman Catholic Church has faced a reckoning over the crime of clerical sexual abuse. Catholics are once again demanding answers about bishops’ mishandling of abuse allegations, after high-profile scandals in the U.S., Australia and Chile toppled prominent figures. In response to this renewed call for transparency, Pope Francis acknowledged for the first time ever this February that nuns have been victims of sexual abuse by priests and bishops. Nuns from across the world have come forward to share their stories and demand change. But stories like Cahill’s, about nuns being the perpetrators of sexual violence, have largely been lost in this new wave of accountability. Although abuse allegations against “women religious,” meaning nuns and Catholic sisters, are rarer than allegations against priests or monks, Cahill and other survivors of nun abuse are convinced that there are more stories out there. But because of gender stereotypes about female perpetrators of abuse, it is much harder to see the broader picture. As survivors push more states to extend their statutes of limitations for child sex abuse cases, experts believe more of these stories will start coming to light. “Why are they not coming out?” Cahill mused about fellow survivors of abuse by nuns. “They don’t have any other survivors to see what’s happened. They’re the only one.” “The boys thought they were the only ones for a hundred years,” Cahill added. But now, she said, “the girls think they’re the only ones.” In 1994, the Sisters of Charity agreed to an out-of-court settlement with Cahill, according to documents provided by Cahill’s current lawyer James Marsh. The settlement had a confidentiality clause that prevented Cahill from talking to the media about her claims. In the agreement, the Sisters of Charity denied that the order was negligent or otherwise legally responsible for Cahill’s abuse. (The order declined to tell HuffPost where it stands on that statement today). Marsh told HuffPost that back in 1994, there were fewer options available to victims seeking justice ― so for the Sisters of Charity to offer any financial compensation may have seemed an act of charity at the time. “Trish got caught in this trap where zero times zero is zero and some money is better than no money,” Marsh said. “That was a reasonable position to take in 1994.” Marci Hamilton, CEO of the advocacy organization Child USA, told HuffPost there has been so much publicity about boys being sexually abused by priests that it detracts from the fact that there have also been a number of girls sexually abused by priests and girls sexually abused by nuns. “Abuse by a female nun of a girl, it’s so far outside the expected parameters of what we read about,” Hamilton said. “It’s hard enough for victims to come to terms with what really happened to them, but to try to come to terms with something that doesn’t seem to be happening to anyone else is doubly hard.” Most survivors take years to come to terms with childhood sexual abuse. Studies suggest that the average age that victims disclose their abuse is 52. This means that by the time survivors are ready to come forward, they’ve often missed the legal deadline ― or statute of limitations ― to pursue their claims in court. Marsh, Cahill’s lawyer, said when his client got her life together in the 1990s and realized that what happened to her was abuse and exploitation, she was far outside New Jersey’s statute of limitations. But changes are brewing. Marsh said he is now considering taking legal action against the Diocese of Camden and the Sisters of Charity based on his client’s claims. If that happens, it could be the first time Cahill’s claims are heard in court. “Trish’s long struggle for accountability exemplifies the pain and despair that so many victims and survivors experience,” he said. “Now that the playing field has been leveled in New Jersey, Trish and others like her can hold accountable the institutions responsible for her abuse and begin the long, difficult, but hopeful, process of recovery.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Abuse by Nuns, Catholic Church, Childhood Sexual Abuse, News, Video --- ### [Former Iona Prep student alleges abuse by Irish Christian Brothers, culture of silence](https://www.jamesmarshlaw.com/former-iona-prep-student-alleges-abuse-by-irish-christian-brothers-culture-of-silence/) **Published:** April 11, 2019 **Author:** James R. Marsh **Content:** - Schools in New York and New Jersey moved around — what lawyers claim is — one of the most prolific abusers of the Irish Christian Brothers. - Ferro is one of the six current members of the order on a list of Christian Brothers with more than one abuse claim against them. - The Christian Brothers said the order was aware of this abuse claim, which was filed as part of the bankruptcy case Lawyers for former Iona Prep student Richard Cardillo believe the lawsuit they plan to file in August will reveal the sexual abuse and secrecy in the Christian Brothers order. Richard Cardillo grew up in Westchester and looked like any other student at Iona Prep during the early 1970s. Now he is breaking his silence on what he says was a culture of sexual abuse and secrecy that was pervasive in the Irish Christian Brothers order, including at his former high school at Iona Prep in New Rochelle. Cardillo alleges in an interview with The Journal News/lohud that a faculty member at Iona Prep sexually abused him, and that in exchange for his silence he was allowed to join the order he thought was his only option to deal with his sexuality. Cardillo’s claim comes after a wave of accusations against a religious order that ran private schools throughout the country broke in February. Cardillo’s lawyers think they can help expose more of Brother Salvatore Ferro’s alleged abuse. Cardillo is jointly represented by the Marsh Law Firm, based in New York, and Pfau Cochran Vertetis Amala PLLC, based in Seattle — two law firms working together on sex abuse cases in New York after passage of the Child Victims Act. “We believe that Brother Ferro was one of the more prolific abusers in the Christian Brothers, and that he was transferred from school to school because of this sexual abuse,” Jason Amala, of Pfau Cochran Vertetis Amala PLLC, said. The Irish Christian Brothers were founded in 1802 with the purpose of evangelizing and educating young people. In addition to Iona Prep and Blessed Sacrament, the Brothers — who were headquartered in New York — have schools in New York and New Jersey as well as throughout the country. Some other Christian Brothers schools include: - Power Memorial Academy (New York, New York) - Cardinal Hayes High School (Bronx, New York) - Bishop Kearney High School (Rochester, New York) - Sacred Heart Grammar School (New York, New York) - Notre Dame/Bishop Gibbons High School (Albany, New York) - Essex Catholic High School (Newark, New Jersey) - Bergen Catholic High School (Oradell, New Jersey) - Cantwell High School (Los Angeles, California) - Palma High School (Salinas, California) In 2017 the Irish Christian Brothers released a list of members who had more than one abuse claim against them. Claims against these men were never validated, as part of the bankruptcy settlement agreement. - Angel, Larry K. (deceased) - Barry, Gerald K. (former) - Beckstrom, Robert E. (former) - Brouillette, Robert (former) - Burton, David B. (Brother) - Carr, Michael T. (deceased) - Carroll, Francis (deceased) - Casale, Albert (former) - Chaney, John (Brother) - Cobb, Alan S. (former) - Collins, Donald Cecil (deceased) - Condon, Eugene (former) - Courtney, Edward (former) - Delamere, Frank P. (former) - Duffin, Thomas (deceased) - Dunn, James Claver (deceased) - Ferro, Salvatore (Brother) - Ford, Thomas C. (deceased) - French, Edward George (Brother) - Gardner, Stephen Justin (former) - Hanney, James (former) - Heathwood, John (deceased) - Heustis, Jerome (deceased) - Hewitt, Andrew Thomas (deceased) - Houlihan, James Alvarez (deceased) - Irwin, Charles (deceased) - Kealey, John (deceased) - Kernan, Joseph (deceased) - Lasik, Ronald (Brother) - Lawlor, John (former) - Medvit, Paul (deceased) - Murphy, Clement Adan (deceased) - Murphy, John E. (former) - Murphy, Thomas Ignatius (deceased) - Nash, Dermod (deceased) - Neary, Walter D. (deceased) - O’Connor, John J. (former) - Padilla, Ruben Mark (former) - Post, Robert (former) - Ralph, Alan Gerard (Brother) - Reycraft, Paul S. (former) - Ryan, Daniel Peter (deceased) - Satterthwaite, Robert (deceased) - Stoyles, Michael E. (deceased) - Thompson, James (former) - Thorne, Harold (Brother) - Walderman, J. Matthew (Brother) - Walsh, Michael (deceased) - Warren, James V. (deceased) ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Catholic Church, Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [What Do the Church’s Victims Deserve?](https://www.jamesmarshlaw.com/what-do-the-churchs-victims-deserve/) **Published:** April 8, 2019 **Author:** James R. Marsh **Content:** The Catholic Church is turning to outside arbiters to reckon with its history of sexual abuse. But skeptics argue that its legacy of evasion continues. An Independent Reconciliation and Compensation Program, run by Feinberg and Biros, began hearing and processing claims of priestly sexual abuse for the Archdiocese of New York in the fall of 2016. Feinberg and Biros subsequently established compensation programs in the Dioceses of Brooklyn (which includes Queens) and Rockville Centre (Long Island), and upstate, in the Dioceses of Syracuse and Ogdensburg. Their portfolio is expanding dramatically: five dioceses in Pennsylvania and all five dioceses in New Jersey have signed on, and multiple dioceses in Colorado and California are expected to do so later this year. Other I.R.C.P.s, which are similar to Feinberg and Biros’s template but are not under their supervision, have been established elsewhere, including the Dioceses of Buffalo, in New York, and Harrisburg, in Pennsylvania. Soon there will be Feinberg-branded I.R.C.P.s in the dioceses of two-fifths of American Catholics. His and Biros’s model for reconciliation and compensation is becoming the standard approach to priestly sexual abuse just as bishops worldwide are looking here for standard approaches. The Church has paid survivors for decades. What makes this strategy different? Part of the answer is that Feinberg and Biros do. Over many years, they have maintained a reputation for probity and independence while disbursing some twenty billion dollars in funds. And the Church’s use of external, worldly arbiters is meant to assuage suspicions of self-protection. Much rides on Feinberg and Biros’s independence, and yet this independence may define the limits of the I.R.C.P.s’ success. Critics of Catholicism from Martin Luther onward have faulted the Church for dealing with matters of sin and repentance through mechanical means: the system of indulgences, the confessional booth. Is the Church today essentially outsourcing a reckoning with its past? The Church’s response to abuse scandals has had false starts before, however. “For thirty years, the Church has been doing a little bit of this and a little bit of that,” James Marsh, an attorney who has represented many victims of clerical sexual abuse, told me. Skeptics wonder whether the I.R.C.P.s will prove to be just one more way for the Church to control information about abuse while admitting as little culpability as possible. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Catholic Church, Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [Catholic Religious Orders Brace for New Wave of NY Lawsuits](https://www.jamesmarshlaw.com/catholic-religious-orders-brace-for-new-wave-of-ny-lawsuits/) **Published:** April 4, 2019 **Author:** James R. Marsh **Content:** An attorney who targets accused pedophile priests says lawsuits filed under New York’s Child Victims Act could ravage the finances of some Catholic religious orders. According to Michael Pfau, a Seattle-based lawyer who has represented scores of clergy abuse survivors, there are more than 170 religious orders operating in New York. Many have their national or regional headquarters in the state. “I think religious orders, for whatever reason, have flown under the radar. Especially in New York State,” said Pfau. According to data compiled at Georgetown University, almost a third of Catholic priests are non-diocesan, meaning they answer to their own superiors in religious orders. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Victims Act (CVA), Childhood Sexual Abuse, News, Video --- ### [I-Team: How a Future Sex Offender Found a Home in 2 NY Boy Scout Troops](https://www.jamesmarshlaw.com/i-team-how-a-future-sex-offender-found-a-home-in-2-ny-boy-scout-troops/) **Published:** January 29, 2019 **Author:** James R. Marsh **Content:** Decades before he became a registered sex offender, 60-year-old John Stella was an Assistant Scoutmaster dogged by allegations of abuse in an upstate Boy Scout troop. - Decades before John Stella became a registered sex offender, he was an Assistant Scoutmaster dogged by allegations of abuse in upstate NY - “He was a sadist,” one ex-Scout said. “I can still think of details. Like the smell of this guy’s chewing tobacco is still in my nose” - The Boy Scouts of America told the I-Team Stella’s 1989 arrest was the first time the national headquarters knew of any allegations Michael Pfau, Rob Simandle’s attorney, suggested the lack of training was precisely the problem back in the 1980s. Back then, he said, the national Boy Scouts of America were the only entity that could have known how crucial more training was. By the 1980s, the Boy Scout headquarters in Texas had compiled hundreds of those Ineligible Volunteer files – and were in a unique position to tell Scoutmasters and parents just how many child predators were trying to become Scout volunteers. “Parents, for decades, sent their kids on Scout trips without warning or information when the organization, the Boy Scouts of America, knew that they were being infiltrated by pedophiles.,” Pfau said. Jennifer Freeman, an attorney on Simandle’s team, said his case may be deserving of a criminal investigation. And she said prosecutors throughout New York would be justified in opening wide-ranging probes into the Boy Scouts, much the way the Attorney General is now examining the New York Archdiocese. “When there’s a criminal investigation there is a lot more at stake,” Freeman said. “It’s a very important problem that needs to be looked at just as much as the Catholic Church.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Victims Act (CVA), Childhood Sexual Abuse, News, Television, Video --- ### [They Were Sexually Abused Long Ago as Children. Now They Can Sue in N.Y.](https://www.jamesmarshlaw.com/they-were-sexually-abused-long-ago-as-children-now-they-can-sue-in-n-y/) **Published:** January 28, 2019 **Author:** James R. Marsh **Content:** ALBANY — For more than a decade, victims of childhood sexual abuse in New York have asked lawmakers here for the chance to seek justice — only to be blocked by powerful interests including insurance companies, private schools and leaders from the Roman Catholic Church and Orthodox Jewish communities. As activists and Democratic officials pushed to strengthen protections for child abuse victims, those opposing interests — wealthy and closely tied to members of the then Republican-controlled State Senate — warned that permitting victims to revive decades-old claims could lead churches, schools and community organizations into bankruptcy. For 13 years, the so-called Child Victims Act foundered. But in November, Democrats won control of the Senate. And on Monday, both the Senate and Assembly overwhelmingly approved the Child Victims Act, ending a bitter, protracted battle with some of the most powerful groups in the state. Gov. Andrew M. Cuomo has promised to sign the bill into law. Every senator, Republican and Democrat, voted for the bill — even though it never even came to the Senate floor for a vote under the Republican majority. The bill passed the Assembly 130-3. The new legislation would put New York well within the upper half of states nationwide in terms of protections for child victims, according to Michael Pfau, a lawyer who has represented victims of childhood sexual abuse. But, he added, it would still fall short of making the state a national leader. California introduced a one-year look-back window like New York’s in 2003 but is considering opening another one to accommodate the victims who could not be addressed in time. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [Child Victims Act expected to pass, increase statute of limitations age](https://www.jamesmarshlaw.com/child-victims-act-expected-to-pass-increase-statute-of-limitations-age/) **Published:** January 25, 2019 **Author:** James R. Marsh **Content:** The Child Victims Act is expected to pass in the New York Legislature on Monday, extending the statute of limitations for child sexual abuse claims. Currently, a victim must bring a claim for child sex abuse by the age of 21 if it is against an institution such as the Catholic Church, a summer camp or the Boy Scouts. The age goes up to 23 if against an individual. If the Child Victims Act passes, it would increase the age to 55 for both. “There’s no statute of limitations on painful memories,” says Peter, who says his dorm monitor at Mount Saint Michael Academy sexually abused him. “This is going to really give them a chance, a very important chance to provide closure, to deal with their trauma, to come forward and hopefully even to do some healing.” The act also says if an alleged victim is already over 21 or 23, and the claim was time-barred, they will have a one-year window to bring a claim. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Victims Act (CVA), News, Television, Video --- ### [Child Victims Act passes NY State Senate](https://www.jamesmarshlaw.com/child-victims-act-passes-ny-state-senate/) **Published:** January 28, 2019 **Author:** James R. Marsh **Content:** The legislation, known as the Child Victims Act, passed the Democrat-controlled Senate and Assembly on Monday. Democratic Gov. Andrew Cuomo intends to sign the bill into law. The act would extend the statute of limitations going forward and create a one-year window for civil suits now barred by the statute of limitations. Child Victims Act passes New York State Senate ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Victims Act (CVA), Childhood Sexual Abuse, News, Television, Video --- ### [Ex-Las Vegas headliner faints at 20-year sentence in porn case](https://www.jamesmarshlaw.com/ex-las-vegas-headliner-faints-at-20-year-sentence-in-porn-case/) **Published:** February 28, 2019 **Author:** James R. Marsh **Content:** A former Las Vegas illusion show headliner from Germany appeared to faint Thursday while being sentenced to 20 years in prison and fined more than $500,000 in a federal child pornography case. Jan Rouven Fuechtener, 40, stiffened and fell backward over his chair after Chief U.S. District Judge Gloria Navarro rejected his apology and his attempt to say he derived no gratification from thousands of pornographic videos and images the FBI found in password-protected files on nine computers at a home dubbed the “fun house.” The judge branded Fuechtener a shameless liar and manipulator who dragged out his court proceedings “like a soap opera” and only regretted he got caught. She ordered Fuechtener to pay an additional $70,000 in restitution to victims identified in the videos. The house was sold in 2016 and Fuechtener deposited money in a trust account for fines and restitution. Fuechtener stopped his trial before videos were aired publicly by pleading guilty in November 2016 to possession, receipt and distribution of child pornography. He then spent years changing lawyers and trying to undo his plea, arguing that his trial attorneys misled him about his sentence. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Cases, Child Pornography --- ### [NY Law Firms Taking More Child Sex Abuse Cases in Wake of New Law's Enactment](https://www.jamesmarshlaw.com/ny-law-firms-taking-more-child-sex-abuse-cases-in-wake-of-new-laws-enactment/) **Published:** February 25, 2019 **Author:** James R. Marsh **Content:** Law firms in New York state have already started working on several cases soon to be brought by victims of child sexual abuse after a bill was signed into law earlier this month that extended the period of time during which those claims can be filed. Several of those firms have also put money into the new law, called the Child Victims Act, by paying to advertise their services when users search for it on the internet. So far, many have received a return on that investment. One such firm is the Marsh Law Firm, which sponsored an ad to appear near the top of search results querying the law following its enactment. Jennifer Freeman, a partner at the firm in White Plains, said interest from victims of child sexual abuse seeking legal help has been strong. “Since the statute passed, we’ve probably gotten about 15 calls an hour, which is a lot,” Freeman said. “We had been getting calls for months, so over the last eight or nine months, we’ve probably gotten about 1,500 calls.” Freeman said there’s been an uptick in the number of calls from victims since the bill became law on Feb. 14, but that inquiries about litigation had already started to increase since publicity surrounding the CVA began to ramp up last year. Republicans, who controlled the State Senate until it flipped in the November 2018 election, blocked the bill from coming to the floor for a vote at the time. Democrats approved it within the first month of this year’s legislative session after gaining a firm majority in the chamber in last year’s elections. Since then, advertising and media reports on the legislation have helped inform victims that they may have a new opportunity to sue their alleged abuser, Freeman said. “There’s a lot more attention and there’s advertising and law firms are reaching out to make sure people know this exists,” Freeman said. “Before the statute passed, you really had no recourse.” The law increased the statutes of limitations for both criminal and civil cases of child sexual abuse. The new statute allows civil claims in those cases until the victim is 55 years old. Criminal charges are now allowed until a victim is 28 years old in felony cases and 25 years old for misdemeanors. It will also create a one-year revival period during which victims age 55 and above can bring civil claims against their alleged abusers. That window is scheduled to begin in August, which was intentional to give victims time to prepare their case before the filing period opens. Some firms, including Freeman’s, have started to reach out to individuals who called them in previous years about their alleged child sex abuse but were outside the statute of limitations at the time. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Victims Act (CVA), Childhood Sexual Abuse, News --- ### [With Ink Not Yet Dry on the New York Child Victims Act, There Is Already Reason to Be Concerned About the Victims in this Process](https://www.jamesmarshlaw.com/with-ink-not-yet-dry-on-the-new-york-child-victims-act-there-is-already-reason-to-be-concerned-about-the-victims-in-this-process/) **Published:** February 15, 2019 **Author:** James R. Marsh **Content:** This is all about honoring and empowering the victims of child sex abuse who had faced locked courthouse doors due to New York’s unfairly short statutes of limitations (SOLs). In other states, many victims have sued individually and found a path to justice, as you can see in the “Relative Success” graphic here. Sadly, it took next to no time in New York after the Governor signed the bill for lawyers to start moving justice away from the victims and to their own benefit—with the filing of a class action lawsuit. The very same day, one complaint was prematurely and possibly improperly filed against Rockefeller University, where serial pedophile pediatric endocrinologist Reginald Archibald abused hundreds. It is troubling to consider that it could be replicated for other institutions or all survivors, period. Class actions are designed for circumstances where the victims have identical or nearly identical harm, or where such small monetary amounts are at stake that individual suits are implausible. For example, they are effective and efficient when dealing with litigation over a medication or medical device, or where a $1 charge is improperly added to thousands of standardized consumer invoices. They permit aggregation of claims that are essentially redundant of each other. The University of Southern California had a notorious gynecologist, Dr. George Tyndall, who sexually abused hundreds of female students. Lawyers quickly swooped in and created a class action of students. They negotiated the now infamous deal where each victim will receive a minimum of $2,500, possibly $7,500–20,000, and for some, a maximum of $250,000, while the lawyers will rake in millions. It’s great for the university as it can now “move on,” and so can the class action lawyers. This cannot be permitted to happen to the sex abuse victims in New York, after 15 years of enormous effort to pass the Child Victims Act, who are supposed to be receiving a chance at full justice. The good news is that the class action lawsuit was filed in federal court where class actions must give victims a right to “opt out” of the lawsuit. So every victim will have the opportunity to think carefully about whether a “quickie” class action settlement is truly in her or his best interest. The public policy problem, though, is that this is a great way for lawyers to benefit while survivors are once again made second-class participants in their own journey to justice. It’s bad enough they were victimized as children; and then they were re-victimized by insultingly short SOLs; but to be re-victimized after the CVA passes by not being taken individually and seriously in their own lawsuit constitutes the wrong result. It violates the spirit and the intent of the Child Victims Act so many labored so long to actualize. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Victims Act (CVA), Childhood Sexual Abuse, News, Opinion --- ### [Child Victims Act expected to pass in Albany on Monday](https://www.jamesmarshlaw.com/child-victims-act-expected-to-pass-in-albany-on-monday/) **Published:** January 27, 2019 **Author:** James R. Marsh **Content:** The Democrats` takeover of the formerly Republican-controlled Senate seems almost certain to produce a more victim-friendly policy in place of one of the nation`s most restrictive laws. In New York, victim advocacy groups and their allies in the Legislature have tried for a dozen years to loosen the statute of limitations. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Victims Act (CVA), Childhood Sexual Abuse, News, Television, Video --- ### [Doctor's accusers demand hospital, club hand over files](https://www.jamesmarshlaw.com/doctors-accusers-demand-hospital-club-hand-over-files/) **Published:** January 20, 2019 **Author:** James R. Marsh **Content:** Victims are coming forward to say Dr. Reginald Archibald photographed them naked and sexually abused them under the guise of doing “growth research” from the 1940s into the 1960s. They say he volunteered as a “pool doctor” at the Madison Square Boys Club on the Lower East Side, where he was a fixture and conducted physical exams on kids. Lawyer Jennifer Freeman’s law firm represents more than one hundred accusers. They are senior citizens now but say they’re still haunted by the memories. “He used it in as an opportunity to engage in child sex abuse,” Freeman said. “We have about 150 clients who think that there are perhaps thousands of victims and are concerned that Dr. Archibald may in fact be the most prolific pedophile in U.S. history.” Freeman tells 1010 WINS there’s a bill called the Child Victims Act that would help his accusers. “If that statue passes, which we very much hope it will, it will extend the statue of limitations to age 50 and it will also open a one-year window to allow lapsed claims to be revived,” she said. Archibald died in 2007 at the age of 97. Freeman wants the now-Madison Square Boys & Girls Club and Rockefeller University Hospital to turn over any medical files and photos they may have. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Archibald Scandal, Madison Square Boys Club MSBC, News --- ### [Victims say pedophile ‘pool doctor’ lurked at LES boys club](https://www.jamesmarshlaw.com/victims-say-pedophile-pool-doctor-lurked-at-les-boys-club/) **Published:** January 19, 2019 **Author:** James R. Marsh **Content:** He was the “pool doctor” at the Madison Square Boys Club, volunteering to give physical exams to poor kids in the Lower East Side youth program. He often stood on the deck, watching them swim and frolic naked. From 1942 through the ’60s, the late Dr. Reginald Archibald was “a fixture” at the club, which thrived on donations from New York City titans like the Astor family and on the patronage of FBI Director J. Edgar Hoover. But the 135-year-old institution, which today serves boys and girls in The Bronx and Brooklyn and has a new clubhouse in Harlem under construction, is facing a crisis, The Post has learned. Now senior citizens, many boys examined by Archibald have come forward to accuse him of sexually molesting and photographing them in his private office near the indoor swimming pool. Archibald allegedly used the club to recruit boys for growth research at Rockefeller University. Lawyers contend he may have molested and taken nude photos of more than 1,000 children. “We think he’s the most prolific pedophile in US history,” said Jennifer Freeman of Marsh Law Firm, which represents 150 accusers. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Archibald Scandal, Child Pornography, Childhood Sexual Abuse, Madison Square Boys Club MSBC, News --- ### [DC's Reduced Child-Sex Penalties ... and Why They're Normal](https://www.jamesmarshlaw.com/dcs-reduced-child-sex-penalties-and-why-theyre-normal/) **Published:** January 4, 2019 **Author:** James R. Marsh **Content:** After Jessica Lynn Kanya attempted to sexually abuse a 14-year-old child, she was sentenced to 36 months in prison last March. But Lynn served none of that time behind bars when District of Columbia Superior Court Judge Hiram E. Puig-Lago decided to suspend her sentence. Such leniency is common in Washington, D.C., RealClearInvestigations has found, because of the difficulty of making cases and the alternative to jail presented by the sex-offender registry. Since 2000, almost half of sex offenders convicted in the nation’s capital — the vast majority child-sex offenders — have had their sentences cut in half or suspended altogether. Judges do not comment on their rulings, but an analysis of the records of 364 D.C. offenders convicted since 2000 shows that such sentencing is a pervasive practice by more than a dozen judges, who are appointed and not elected. Sentences are often suspended not just for crimes such as sexually touching a child, which carries jail time of 180 days. In dozens of cases, adult offenders facing years in prison received suspended sentences. The case files, in which the sex of the victims and other details are commonly withheld, include: - Alfred Jerome Dockery, charged with sexually penetrating a 14-year-old, was sentenced to 42 months in prison. Judge Geoffrey M. Alprin suspended the entire sentence. - Dominique Anthony Annice, in her early 30s at the time, charged with sexually abusing a 6-year-old. After being sentenced to 30 months in prison, Judge Robert E. Morin suspended her sentence. - Melvin L. Cromer, who according to the charge “engaged in a sexual act” with a 14-year-old and was sentenced to 60 months in prison. Judge Erik P. Christian suspended his sentence. - John Anthony, who according to the charge had anal sex with a 10-year-old girl, was initially charged with first-degree child sex abuse. After pleading guilty to a lower charge, he was sentenced to 60 months in prison. But Judge Wendell P. Gardner suspended almost the entire sentence, and Anthony only had to serve six months. Although there is no national database recording the resolutions of alleged child-sex crimes, experts say Washington faces the same challenges in prosecuting such crimes as everywhere else. The reduced sentences reflect the difficulties and peculiarities of prosecuting crimes involving children and sex. ### Unreliable Little Witnesses These include the challenges of using children – notoriously unreliable as witnesses and prone to trauma – in prosecutions that often lack physical evidence. And, unlike most other offenses, the penalty for sex crimes cannot be measured just through the length of sentences. Almost always there is an additional sanction that can shadow offenders for life: placement on a jurisdiction’s sex offender registry. James Marsh, a New York-based lawyer who specializes in representing child victims, said there is a tension in such cases “between re-traumatizing the victim through the criminal justice system and obtaining the strongest possible sentence against the perpetrator.” Deborah Tuerkheimer, professor of law at Northwestern University and a former prosecutor in the Manhattan district attorney’s office, said a further complication is the relationship built up over time between child and adult. Sometimes the adult has threatened the child, and other times the adult has been good to the child. “Sometimes the child will even cover up for the abuser,” said Tuerkheimer. “There are psychological reasons why sometimes the children ally themselves with the abuser. Those behaviors can be used against the child and undermine the child’s story.” But even if a child can testify, that does not entirely solve a prosecutor’s problems, especially given the unlikelihood of there being much solid evidence, like DNA, said Marsh. Sometimes the prosecution is able to get evidence such as text communications “that the offender might have with the victim, or images that they took of the victim that shows criminal activity,” said David Finkelhor, director of the Crimes Against Children Research Center and a sociologist at the University of New Hampshire. “But physical evidence is often not available.” Given this difficulty, the prosecutor has to ask himself, “Can I win before a jury?” said Marsh. And, “If I can’t, what is the best I can get from this in terms of a sentence, plea deal, and long-term outcomes?” Such complications help explain why sex crimes against children – like most crimes in the criminal justice system – are resolved by a plea deal rather than trial. The prosecutors cannot be sure of conviction, and the accused, even if they believe they are innocent or can win at trial, have a powerful incentive to make the case go away. ### Prison or the Registry? Except, of course, it doesn’t, which is the unique complication of such sex offenses: Even convicts with a suspended sentence get placed on a sex offender registry – sometimes for years, but often for life. The FBI [lists](http://www.fbi.gov/scams-and-safety/sex-offender-registry) 55 such registries encompassing the 50 states, the District of Columbia and U.S. territories. Their existence forces lawyers, judges, and activists in the criminal justice system to ask: How do we want to punish offenders — through prison or through the registry? “If a prosecutor can get a plea bargain that places \[the convict\] on the sex offender registry, that is viewed as a good outcome,” said Marsh. If a judge is looking at a first-time offender, and there has been testimony from a psychologist or psychiatrist that the accused not likely to re-offend, “a judge might say, ‘I’m not going to lock this person up,’” said G. Allen Dale, a criminal defense attorney in D.C. who has handled many sex offender cases.  “What purpose would that serve?” But some criminal justice activists worry that while the registry can keep offenders out of prison, it is also a mark that prevents convicts from getting on with their lives. It “makes it impossible for people to reintegrate. It’s like social banishment, social death,” said Emily Horowitz, professor of sociology and criminal justice at St. Francis College in Brooklyn Heights, N.Y. “The registry publicly outs people,” she said. “Once your picture is up there, you can’t get most jobs, you can’t live a lot of places. You won’t get over whatever it is you did.” Being a registered sex offender not only creates problems for the convict, but also for his or her family. “If you have children of your own, it’s a nightmare,” said Dale. “Sometimes you have to have supervision of your own children.” Plus, an offender can’t own a firearm, regularly has to pass polygraph tests, has to clear vacation plans with local authorities, and has to get permission to move from a probation officer, said Dale. “I’ve had clients whose kids have been picked on by other kids – ‘Your daddy’s a pervert,’” he noted. But the registries are deeply entrenched because the public considers them necessary, legal experts say. ### A Public Demand “The policies exist because the public feels that it has a right to know, and they need to know” about offenders, said Andrew J. Harris, a professor in the school of criminology and justice studies at the University of Massachusetts, Lowell. William Dobbs, a lawyer and criminal justice activist, attributes this attitude to the “can’t stop, won’t stop mythology” – the idea that such offenders are almost guaranteed to reoffend. “The truth is the reoffense is among the lowest of any category of offenses,” he said. Marsh disputes this, calling the claim “absurd.” He argues that studies showing low recidivism rates among sex offenders are due to the fact that “it is a crime that is underreported.” As for the 10 percent of offenders who officially do tend to reoffend, “there’s very little evidence to suggest the sex offender registry reduces recidivism,” said forensic psychologist Liam Ennis. Finkelhor, on the other hand, notes that sex offenses have declined 60 to 70 percent since the registries were introduced in 1992. The registry is just one of the many factors — along with the difficulties of child witnesses and scant evidence — that judges and prosecutors have to weigh in such complicated and incendiary cases. Judges are “typically very concerned about protecting the rights of the accused” in an atmosphere that often demonizes them, said Finkelhor. Striking the right balance is not easy. “Judges across the board are very worried about being maligned in the public eye as being soft on crime,” said Horowitz. “There’s always so much blowback when the media runs with a story about someone getting a light sentence for anything – but anything with sex is like radioactive, and child sex is radioactive times 10.” #### Correction: Friday, Jan. 4, 2019, 10:15 AM Eastern An earlier version of this article misstated the work location of James Marsh, a lawyer. He is based in New York, not Charlotte, N.C. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Childhood Sexual Abuse, News --- ### [Current, ex-GCCC employees sue Swender, college](https://www.jamesmarshlaw.com/current-ex-gccc-employees-sue-swender-college/) **Published:** January 3, 2019 **Author:** James R. Marsh **Content:** Lawyers representing six current and former Garden City Community College employees who have taken issue with the management of the college filed a lawsuit Wednesday alleging that GCCC and its former president, Herbert Swender, had violated the plaintiffs constitutional rights. Attorneys Jean Lamfers and Bob Lewis filed the complaint in U.S. District Court in Topeka on behalf of GCCC instructors Phil Hoke, Holly Chandler, Sheena Hernandez and Jean Ferguson, GC3 Media coordinator Daniel Reyes and former college staff member Micah Koksal. The college and Swender are named as defendants. According to the lawsuit, at the in-service’s morning session, Swender told the roughly 250 faculty and staff members, plus other attendees, that they would be hearing ”‘disturbing news,’” from the Higher Learning Commission, the entity responsible for the college’s accreditation, that he disagreed with the HLC assessment, and that the HLC team that had visited the college was biased and incompetent. In June 2017, the HLC placed the college’s accreditation on probation. The lawsuit claims the incident violated employees’ and the plaintiffs’ First Amendment rights to free speech and freedom of expression by chastising and threatening to punish employees for alerting the media to information that was “of keen public interest,” telling staff not to speak to the media without clearance, telling employees to not leave and searching colleagues’ personal phones. The lawsuit also alleges the incident violated Fourth Amendment protection from unlawful search and seizure by telling employees to search each others’ phones while being “held under duress” for fear of retaliation. In addition to the allegations stemming from the in-service meeting, the lawsuit also alleges that Swender, as an individual, violated the First Amendment’s establishment clause in regards to an implied separation of church and state. The lawsuit points to several alleged instances of “college-sanctioned” Protestant Christian prayer and invocations at mandatory employee in-services, Swender referring to a pastor who gave some of those prayers as the “college’s pastor” and a Texas pastor “providing Protestant witness to his life” as a speaker at an in-service in January 2018. The lawsuit states these actions show that Swender was “trying to establish Protestant Christianity as the college’s religion.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Campus Sexual Assault, Cases, News, Title IX --- ### [2 doctors’ photos play role in sexual abuse claims involving hundreds of victims](https://www.jamesmarshlaw.com/2-doctors-photos-play-role-in-sexual-abuse-claims-involving-hundreds-of-victims/) **Published:** December 12, 2018 **Author:** James R. Marsh **Content:** Two doctors allegedly abused their authority to prey upon young victims. In one case, a disgraced University of Southern California gynecologist has led police to a collection of nude photographs that may be connected with the abuse alleged by his patients. In another case, attorneys of patients who allege a New York doctor, now deceased, may have abused as many as 1,000 young patients over decades want to know what happened to the doctor’s photos. They fear the images may be circulating as child pornography. ### Patients seek whereabouts of deceased doctor’s abuse photos Former patients of a doctor accused of molesting children at Rockefeller University Hospital in New York, NY, for decades are demanding to know what happened to photos they say the physician took while the abuse was occurring. The physician, Reginald Archibald, worked at the New York City hospital from 1948 to 1982 as an endocrinologist who specialized in childhood growth. Former patients have said that in addition to molesting them, he would photograph them naked for what he said was scientific research. Archibald died in 2007. A spokesman for the hospital declined to comment when asked about the photos Monday. The hospital wrote to Archibald’s former patients in September asking about their experiences and in October released a statement that it had discovered that Archibald “engaged in certain inappropriate conduct during patient examinations.” The hospital also said it notified authorities when it received a report in 2004 about Archibald’s conduct. It says it changed some pediatric policies after an investigation at that time determined that “certain” of the allegations were credible. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Archibald Scandal, Child Pornography, Childhood Sexual Abuse, News --- ### [Sexting, Schools, and Law Enforcement: Where Does Child Protective Services Fit In?](https://www.jamesmarshlaw.com/sexting-schools-and-law-enforcement-where-does-child-protective-services-fit-in/) **Published:** December 14, 2018 **Author:** James R. Marsh **Content:** Sexting. You won’t find the word in any 20th century dictionary. A combination of “sex” and “texting,” sexting is the exchange of explicit pictures via cell phone. Sometimes the photographs are shared voluntarily. Often, an element of coercion is present. In either case, once the photographs are sent, they can subsequently be used to embarrass, intimidate, or bully. ### Rate of Sexting Among Youth Particularly among adolescents and even pre-teenagers, sexting is a relatively recent phenomenon. In a 2017 study of a private high school, researchers found that 15.8 percent of males and 13.6 percent of females sent sexts; 40.5 percent of males and 30.6 percent of females received them. A 2016 study in the *Journal of the American Academy of Psychiatry and the Law* found that the rate of “minors who have sent sexual images range from 4 to 25 percent, depending on the age of the youths surveyed, the content of the messages and other factors.” ### Legal Implications From a legal vantage point, sexting may violate child pornography laws, possession and distribution laws, obscenity statutes, and other offenses. The resulting severe penalties may include prison terms, fines, require the offender to formally register indefinitely as a sex offender, and cause the offender future high employment hurdles. Sexting may also trigger issues regarding the rights of parents to raise their children as they see fit, and may implicate other First Amendment free speech and free expression concerns. Depending on many factors, sexting can simultaneously be an issue for parents, schools, law enforcement, and child protective services (CPS). For instance, exactly what was the nature of the material or text message that was sent or received? How well did the sender and receiver know each other? How many sexting messages were sent? Over what period of time were the messages sent? Did one party indicate they wanted the sexting to cease? Is there clear evidence or even an inference of sexual offending? Certainly there is no sense in prosecuting every consensual sharing of a photograph between two children of a similar age. That said, at what point does a child’s normal curiosity and desire for sexual experimentation lead to societal intervention? Should every report of sexting to school authorities necessarily involve law enforcement and CPS? If not, are there clear  protocols that offer guidance? In many states there may be legal defenses for minors charged with possessing or transmitting sexual depictions of other minors. For instance, if the visual image was shown only to the defendant or if the minor depicted in the image was no more than two years older or younger than the defendant and they were in a dating relationship at the time of the offense, there may be an absolute defense. Many states still have no specific law regarding sexting as it applies to minors. ### Conclusion Is adolescent sexting a prank or is it pornography? Is it youthful  indiscretion or criminal predatory behavior? Clear CPS policies can ensure that gray area situations are addressed consistently, which is particularly critical when dealing with complicated civil rights issues. New York attorney **James Marsh** advises: “The real harm to children from sexting is not the creation of the images, but the distribution of the images to peers and to others unknown, especially on the Internet. Sexting should be analyzed more like bullying than sex. A careful consideration of the power dynamics is essential. Is one teen blackmailing the other? Are the images being used to harass, intimidate, or shame the other person? Is the victim at risk of self-harm or psychological damage? The primary role for CPS is supporting victims. It’s critically important that victims are not shamed in the process. Bad judgment is the hallmark of adolescence and sexting is just one more example of seemingly inexplicable teen decision making. There are reputable professionals who see sexting as a safe form of sexual activity without the risk of disease, pregnancy, or alcohol and drug-induced behavior. On the negative side, victims often experience shaming, guilt, bullying, self-harm, and even suicide. By focusing on the harms, and not the activity itself, CPS and other child welfare professionals can best support victims while placing the real focus on perpetrators and their enablers.” CPS employees, in conjunction with law enforcement and school officials, are the key officials making tough legal and ethical calls. And, as we know very well, citizen, legislative, and legal oversight is, and should be, omnipresent. Particularly from a legal perspective, making the right call on a consistent basis is a matter of understanding, training, and attention to detail. Our primary concern is to protect children, not prosecute them. One hasty decision to click the “send” button by a child—or a CPS employee—can ruin many lives. --- Daniel Pollack is a professor at Yeshiva University’s Wurzweiler School of Social Work in New York City. He can be reached at <dpollack@yu.edu> or (212) 960-0836. \[pdf-embedder url=”https://www.jamesmarshlaw.com/wp-content/uploads/2018/12/Sexting-Schools-and-Law-Enforcement-Where-Does-CPS-Fit-In.pdf”\] ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Marsh Law Firm Blog --- ### [Hospital Cover-Up? Photo-Taking Doctor Allegedly Sexually Abused 1,000 Kids](https://www.jamesmarshlaw.com/hospital-cover-up-photo-taking-doctor-allegedly-sexually-abused-1000-kids/) **Published:** December 12, 2018 **Author:** James R. Marsh **Content:** Rockefeller University Hospital on the Upper East Side in New York has acknowledged that Reginald Archibald, an endocrinologist and child growth specialist, most likely sexually abused more than 1,000 child victims over perhaps 40 years, confirmed attorneys representing the abused. It may be the largest case of sexual abuse by one person in the United States, CBS News reported Tuesday in interviews with some of the survivors, former patients of Archibald, a “highly regarded” growth specialist who claimed to treat children who matured at a slower rate than their peers. Furthermore, former victims — now adults — are looking for instant camera photos Archibald took of them in the examining room that did not emerge as part of official medical records. Reportedly, Archibald recruited others for similar “studies” when he was the self-described doctor at the Madison Square Boys’ Club. Lawyers representing the victims have also asked the New York Attorney General to investigate. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Archibald Scandal, Child Pornography, Childhood Sexual Abuse, News --- ### ['He was revered like a god': Patients of New York doctor who died in 2007 and 'could have abused more than 1,000 children over decades' demand to know why Rockefeller University stayed quiet about allegations](https://www.jamesmarshlaw.com/victims-of-doctor-who-sexually-abused-a-thousand-children-over-decades-demand-to-know-what-happened-to-the-nude-photos-he-took-of-them-as-children-for-his-research/) **Published:** December 11, 2018 **Author:** James R. Marsh **Content:** - **Victims gathered outside Manhattan hospital on Tuesday for press conference** - **Said that Dr Reginald Archibald had abused them as children years ago** - **Archibald worked at Rockefeller University Hospital from 1948 to 1982** - **The endocrinologist specialized in childhood growth before he died in 2007** - **Ex-patients say he abused them and took nude photos for ‘scientific research’** - **Some 100 ex-patients have joined a legal actions seeking to destroy photos** - **Attorneys for the victims believe as many as 1,000 children were abused** - **Doctor Reginald Archibald’s research aimed to help children grow taller** - **Patients reported the doctor took pictures of naked children at the hospital** - **The alleged abuses by the doctor are believed to have taken place over decades** Officials from the famous research institute, today named Rockefeller University Hospital, admit the doctor may have abused his young patients for decades. They revealed that they have investigated complaints about the doctor’s conduct in 2004 and have reported it to authorities. They also said some of the complaints deemed ‘credible’ went back to the 1990s. Attorney Jennifer Freeman said her firm received hundreds of calls, meaning there is ‘a tremendous number of victims out there’. Patients told CBS News that hospital officials sent out a letter to more than 1,000 people, asking for information about Archibald’s alleged abuses. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Archibald Scandal, Child Pornography, Childhood Sexual Abuse, News, Video --- ### [Victims Detail Alleged Abuse By Esteemed Doctor At Rockefeller University Hospital](https://www.jamesmarshlaw.com/patients-claim-abuse-at-rockefeller-university-hospital/) **Published:** December 11, 2018 **Author:** James R. Marsh **Content:** Dr. Reginald Archibald was considered an esteemed physician when he worked at Rockefeller University Hospital, but three years before his death in 2004 a former patient came forward with allegations of abuse. More people have claimed he sexually abused them and took photos that could be considered pornography. “Many pictures were taken of me over the 11 years and I would like to see them,” victim Ron Samuel said. The accusers say in the 50s and 60s, the doctor used film cameras and in the 70s and 80s he used a Polaroid camera. Patients who claim they were abused and had naked photos taken of them by a former Rockefeller University Hospital physician speak out. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Archibald Scandal, Child Pornography, Childhood Sexual Abuse, News, Television, Video --- ### [Patients Demand Nude Photos Doctor Took As Part Of Sex Abuse](https://www.jamesmarshlaw.com/patients-demand-nude-photos-doctor-took-as-part-of-sex-abuse/) **Published:** December 11, 2018 **Author:** James R. Marsh **Content:** Years ago, Gale Coleman, a patient of Dr. Reginald Archibald, requested and received her medical records from the hospital but the photos were never released. Coleman said that never receiving the photos “confirmed to me what I had suspected, which was that these pictures were not part of my medical file, they were not taken for medical reasons, they were taken for Dr. Archibald gratification.” Archibald, who is now deceased, was a well-respected pediatric endocrinologist who saw thousands of children at Rockefeller University Hospital from the 1950s to the 1990s. During that time, children, between the ages of 6 and 16, were undressed, photographed, fondled, instructed to perform sex acts, and in some cases, raped by Archibald. Now, attorney James Marsh says it time for the University to address the abuse. “Images have been found in the walls of pediatricians, have been found under the basements of former doctors and have been shared online by individuals who seek this kind of material,” Marsh said. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Archibald Scandal, Child Pornography, Childhood Sexual Abuse, News, Radio --- ### [NYC doc took pics of sex abuse; patients seek their whereabouts](https://www.jamesmarshlaw.com/nyc-doc-took-pics-of-sex-abuse-patients-seek-their-whereabouts/) **Published:** December 11, 2018 **Author:** James R. Marsh **Content:** Peter Katsikis had only one appointment with Archibald, in 1969. He said Archibald directed him to remove his clothes; he touched him sexually and then took several photos of him in the nude. Katsikis was 12 and said it was his first sexual experience. He wouldn’t tell anyone until he told his wife 26 years later. The trauma changed him, he said, making him cynical and sometimes short-tempered as an adult. The Associated Press does not typically identify people who say they are sexual assault victims unless they grant permission. “I’ve replayed the episode a couple thousand times,” said Katsikis, now 61, who lives in North Carolina. “It took me a couple years to sort things out as to what truly happened. I didn’t know anything about sex at 12 years old. When I got older I started to get angry, because I realized he took away my innocence.” Here is [a short clip](http://mms.tveyes.com/MediaCenterPlayer.aspx?u=aHR0cDovL21lZGlhY2VudGVyLnR2ZXllcy5jb20vZG93bmxvYWRnYXRld2F5LmFzcHg%2FVXNlcklEPTE3MTgxNCZNRElEPTEwODQ0MzE0Jk1EU2VlZD03NDM0JlR5cGU9TWVkaWE%3D) of the coverage. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Archibald Scandal, Child Pornography, Childhood Sexual Abuse, News, Radio --- ### [Ex-Patients Allegedly Molested by Longtime Manhattan Doctor Want to Know What Happened to the Photos](https://www.jamesmarshlaw.com/ex-patients-allegedly-molested-by-longtime-manhattan-doctor-want-to-know-what-happened-to-the-photos/) **Published:** December 11, 2018 **Author:** James R. Marsh **Content:** Former patients of a doctor accused of molesting children at Manhattan’s Rockefeller University Hospital for decades are [demanding to know what happened to photos](http://www.nbcnewyork.com/news/local/Rockefeller-University-Hospital-Doctor-Abuse-498004161.html) they say the physician took while the abuse was occurring. Questions about the whereabouts of the photos continues to haunt many of the former patients, according to Michael Pfau, an attorney with the Seattle-based firm of Pfau Cochran Vertetis Amala, who is representing about 100 former patients. The thought that the photos are now circulating as child pornography compounds his clients’ pain and fear, Pfau said. “Finding these photos is critical for our clients,” he said. “Hopefully the hospital can do the right thing and accelerate the investigation.” A spokesman for the hospital declined to comment when asked about the photos Monday. Civil molestation suits against institutions in New York are now subject to one of the nation’s tightest statutes of limitations, meaning that many of Archibald’s alleged victims would not be able to sue the hospital. The case is likely to fuel efforts to pass the Child Victims Act, state legislation that would greatly expand the statute of limitations and create a window to sue for plaintiffs with decades-old allegations that are now prohibited by the statute. Here is a [short video clip](http://mms.tveyes.com/MediaCenterPlayer.aspx?u=aHR0cDovL21lZGlhY2VudGVyLnR2ZXllcy5jb20vZG93bmxvYWRnYXRld2F5LmFzcHg%2FVXNlcklEPTE3MTgxNCZNRElEPTEwODQ0NjQ4Jk1EU2VlZD00Nzg2JlR5cGU9TWVkaWE%3D) of the coverage. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Archibald Scandal, Child Pornography, Childhood Sexual Abuse, News, Television, Video --- ### [Doctor’s sex-abuse victims want to know what he did with nude photos](https://www.jamesmarshlaw.com/doctors-sex-abuse-victims-want-to-know-what-he-did-with-nude-photos/) **Published:** December 11, 2018 **Author:** James R. Marsh **Content:** Former patients of a Big Apple pediatrician who was accused of sexually abusing children say the disgraced doctor took photos of them naked — and now they’re demanding to know where the images are. Ex-patients of the late Dr. Reginald Archibald — who worked at Manhattan’s Rockefeller University Hospital as an endocrinologist specializing in child growth from 1948 to 1982 — have accused him of preying on them and molesting them during exams. But the former patients say he also took photos of them naked for what he described as scientific research, and the hospital has never said whether any such photographs were found in hospital records. Four patients from across the country gathered with their lawyers in front of the Upper East Side hospital Tuesday to call on the facility to turn over the illicit photos. Attorneys for ex-patients of Archibald say that more than 1,000 children may have been targeted by the doctor. Michael Pfau, an attorney who is representing about 100 former patients, said the mystery of where the photos might be continues to haunt his clients. “In addition to touching children inappropriately during his exams and his evaluations, he also took illicit photographs for over 30 years,” Pfau said. “Those photographs have not been returned.” Rockefeller University Hospital has said that in 2004, it notified authorities of Archibald’s alleged abuse after receiving a report from a former patient. Pfau said the hospital should either “turn over the photographs, provide answers as to where the photographs are or alternatively get the attorney general of New York involved investigating where those photographs are.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Archibald Scandal, Child Pornography, Childhood Sexual Abuse, News --- ### [Hospital acknowledges former doctor sexually abused patients](https://www.jamesmarshlaw.com/hospital-acknowledges-former-doctor-sexually-abused-patients/) **Published:** October 19, 2018 **Author:** James R. Marsh **Content:** A Manhattan hospital is apologizing to patients who were sexually abused by a doctor. More than 100 people have now come forward and allege that an Upper East Side doctor sexually abused them as children. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Archibald Scandal, Campus Sexual Assault, Child Pornography, Childhood Sexual Abuse, News, Radio --- ### [Manhattan Hospital 'Appalled' By Former Doctor's Inappropriate Contact With Patients](https://www.jamesmarshlaw.com/manhattan-hospital-appalled-by-former-doctors-inappropriate-contact-with-patients/) **Published:** October 19, 2018 **Author:** James R. Marsh **Content:** A New York City doctor who spent decades treating children at Rockefeller University Hospital may have also been sexually abusing them. Dr. Reginal Archibald is accused of abusing children decades ago. Attorney Jennifer Freeman with the Marsh Law Firm accused the hospital of a cover-up. “We’ve talked to victims. We informed them much earlier than that,” Freeman said. “There are even children who were complaining in the waiting room after their examinations.” The hospital sent thousands of letters to Archibald’s former patients and are asking for any other victims to come forward. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Archibald Scandal, Child Pornography, Childhood Sexual Abuse, News, Radio --- ### [Patients Detail Alleged Abuse by Rockefeller University Hospital Pediatrician](https://www.jamesmarshlaw.com/patients-detail-alleged-abuse-by-rockefeller-university-hospital-pediatrician/) **Published:** October 20, 2018 **Author:** James R. Marsh **Content:** The late Dr. Reginald Archibald worked at Rockefeller University Hospital from the 1940s until his retirement in 1982. Archibald studied childhood growth and many alleged victims, mostly boys, said they participated in a free growth study. He died in 2007. Two attorneys represent more than 100 alleged victims and said they believe there are hundreds of victims in total. Both men said the doctor took photos of them naked. The attorneys for both men said they want to know where those photos are, but the hospital hasn’t provided information. But an attorney for dozens of the victims said the hospital should have done more. “I think they had enough information they could’ve stopped it in its course,” attorney Jennifer Freeman said. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Archibald Scandal, Child Pornography, Childhood Sexual Abuse, News, Television --- ### [An Esteemed Doctor, Child Sexual Abuse Claims and a Hospital That Knew for Years](https://www.jamesmarshlaw.com/an-esteemed-doctor-child-sexual-abuse-claims-and-a-hospital-that-knew-for-years/) **Published:** October 18, 2018 **Author:** James R. Marsh **Content:** For almost 30 years, parents sought out Dr. Reginald Archibald when their children would not grow. They came to his clinic at The Rockefeller University Hospital, a prominent New York research institution, where he treated and studied children who were small for their age. He also may have sexually abused many of them. Dr. Archibald, an endocrinologist who spent most of his career at Rockefeller, died in 2007. His son, Larry, declined to comment. “This doesn’t make any sense to me,” he said. The New York Times spoke with 17 people, most of them men, who said they were abused by Dr. Archibald when they were young boys or adolescents. Most of them learned of the possibility of other victims for the first time when they received the letter. A few, however, said they had filed complaints with the hospital or authorities in the past, but their allegations were not investigated. The men all described similar experiences with Dr. Archibald, who would tell them to disrobe when they were alone in his examination room. He would masturbate them or ask them to masturbate, sometimes to ejaculation. The doctor took pictures of them, while they were naked, with a Polaroid camera, and measured their penises both flaccid and erect, the men said. Some of the former patients said they saw Dr. Archibald only once and some went back annually for many years as subjects in his studies. Their stories paint a picture of an esteemed doctor who wielded great authority with parents desperate to help their children and patients too young to know the difference between legitimate medical practice and molestation. The alleged abuse would have occurred in an era in which few safeguards existed for those patients. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Archibald Scandal, Child Pornography, Childhood Sexual Abuse, News --- ### [UES Hospital Must Return Photos Of Sex Abuse Victims: Lawyers](https://www.jamesmarshlaw.com/ues-hospital-must-return-photos-of-sex-abuse-victims-lawyers/) **Published:** December 11, 2018 **Author:** James R. Marsh **Content:** UPPER EAST SIDE, NY — Sex abuse victims of a long-time Rockefeller University doctor who was hailed as a “miracle worker” stood in front of the Upper East Side institution Tuesday with their lawyers to demand the hospital turn over any medical records that may contain nude images taken of victims under the guise of medical research. Rockefeller University Hospital admitted in October that the institution was aware that Dr. Reginald Archibald may have molested, raped and photographed children between the ages of 6 and 16 from the 1940s to the 1980s. In the wake of the admission, lawyers representing Archibald’s victims are calling on the university to “do the right thing” and turn over any illicit photographs the doctor took of them. “Those photographs have not been returned, and we have a number of the former patients — then children now adults — who have traveled across the country to formally demand that Rockefeller University either turn over the photographs, provide answers as to where the photographs are or to alternatively get the Attorney General of New York involved investigating where those photos are,” Attorney Michael Pfau said Tuesday. The law firms Pfau Cochran Vertetis Amala Law and Marsh Law Firm PLLC are representing the victims in their cases against Rockefeller. Lawyers estimated that there may be thousands of images of victims that should be considered child pornography. “It doesn’t matter if \[the photos\] were taken 10 years ago or two days ago. So whoever holds these images, whoever possess them — whether it’s the institution or the individuals — they’re liable for the possession of child pornography,” Attorney James Marsh said. “The fact that we don’t know what happened to tens of thousands of these images is very disturbing for our clients.” Marsh said that the lawyers have not yet spoken to the Attorney General’s office and are counting on voluntary disclosure by Rockefeller University as a first step in locating photos of their clients. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Archibald Scandal, Child Pornography, Childhood Sexual Abuse, News --- ### [Molested patients of pervy Rockefeller University Hospital doc demand answers about his collection of nude kid pictures](https://www.jamesmarshlaw.com/molested-patients-of-pervy-rockefeller-university-hospital-doc-demand-answers-about-his-collection-of-nude-kid-pictures/) **Published:** December 11, 2018 **Author:** James R. Marsh **Content:** Several of the dozens of accusers, all now adults, fear their pictures are possibly available decades later as child pornography. “Finding these photos is critical for our clients,” said attorney Michael Pfau, whose Seattle-based law firm represents some of the alleged victims. “Hopefully the hospital can do the right thing and accelerate the investigation.” Archibald, who died in 2007, worked as an endocrinologist specializing in childhood growth. His victims charge the doctor used his position at the hospital to fondle, masturbate and photograph the genitals of his patients – most of them young and male. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Archibald Scandal, Child Pornography, Childhood Sexual Abuse, News --- ### [Doc took pics of sex abuse; patients seek their whereabouts](https://www.jamesmarshlaw.com/doc-took-pics-of-sex-abuse-patients-seek-their-whereabouts/) **Published:** December 11, 2018 **Author:** James R. Marsh **Content:** Former patients of a doctor accused of molesting children at Rockefeller University Hospital for decades are demanding to know what happened to photos they say the physician took while the abuse was occurring. The physician, Reginald Archibald, worked at the New York City hospital from 1948 to 1982 as an endocrinologist who specialized in childhood growth. Former patients have said that in addition to molesting them, he would photograph them naked for what he said was scientific research. Archibald died in 2007. The former patients and their attorneys held a news conference Tuesday in front of the hospital to demand more information about the whereabouts of the photos. The group says that if the hospital cannot say where the photos are, then it should ask the state attorney general to begin its own investigation into the records. Questions about the whereabouts of the photos continues to haunt many of the former patients, according to Michael Pfau, an attorney with the Seattle-based firm of Pfau Cochran Vertetis Amala, who is representing about 100 former patients. The thought that the photos are now circulating as child pornography compounds his clients’ pain and fear, Pfau said. “Finding these photos is critical for our clients,” he said. “Hopefully the hospital can do the right thing and accelerate the investigation.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Archibald Scandal, Child Pornography, Childhood Sexual Abuse, News --- ### [New York doctor may have abused more than 1,000 victims over 40 years](https://www.jamesmarshlaw.com/new-york-doctor-may-have-abused-more-than-1000-victims-over-40-years/) **Published:** December 11, 2018 **Author:** James R. Marsh **Content:** Patients and relatives of those treated at a famous research hospital in New York want to know why Rockefeller University stayed quiet about a prominent doctor who died 11 years ago and is believed to [have abused children](http://www.cbsnews.com/news/dr-reginald-archibald-rockefeller-university-hospital-physician-child-sex-abuse-patients/)for decades. Attorneys representing those individuals now say there may be over 1,000 victims in what may be the largest case of sexual abuse by one person in U.S. history. Former New York doctor may have abused over 1,000 victims ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Archibald Scandal, Child Pornography, Childhood Sexual Abuse, News, Television, Video --- ### [The Legal Contours of Child Endangerment](https://www.jamesmarshlaw.com/the-legal-contours-of-child-endangerment/) **Published:** August 6, 2018 **Author:** James R. Marsh **Content:** Adults who care for children have a legal obligation to ensure those children avoid unreasonably dangerous situations. Failing to adequately protect a child may result in the caregiver being charged with “child endangerment” or “endangering the welfare of a child.” Examples of child endangerment may include: - Driving while intoxicated with a child in the vehicle - Leaving a child alone and unsupervised with available dangerous weapons - Leaving a child unattended in an unsafe area or vehicle - Hiring a person with a known history of sexual offenses to supervise a child - Leaving a young child unsupervised or in the care of another young child - Providing drugs or alcohol to an underage driver - Opting for spiritual healing rather than conventional medicine when a child’s life is in danger - Failing to report suspected child abuse - Domestic violence episodes that take place in front of children \[pdf-embedder url=”https://www.jamesmarshlaw.com/wp-content/uploads/2018/08/Legal-Contours-of-Child-Endangerment.pdf” title=”Legal Contours of Child Endangerment”\] ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Marsh Law Firm Blog --- ### [Litigation Strategies for Sexual Abuse Lawsuits](https://www.jamesmarshlaw.com/litigation-strategies-for-sexual-abuse-lawsuits/) **Published:** June 7, 2018 **Author:** James R. Marsh **Content:** Katie Shipp, Pennsylvania When the statute of limitations is not an issue, cases involving sexual abuse that happened long ago can still raise significant barriers for victims. Locating evidence is often challenging. Witnesses, or people the victim told about the abuse, can be difficult to track down and often their memories may be unclear, especially about critical dates and times. Further, documentary evidence may have been destroyed or buried in a long-forgotten archive. In cases of abuse within an institution, it may be necessary to rely on the institution, which is at risk of being sued, to gather and share evidence. This can be a battle since the institution will unlikely willfully share incriminating information without civil discovery or a court-ordered subpoena. Without this evidence or a clear understanding of exactly what kind of evidence might still be locatable, an attorney may be unwilling to pursue the case on contingency alone and the client may not be able to advance the significant litigation expenses. These issues make the possibility of successfully litigating a case less likely. Although settlement is always a possibility, clients may face a moral dilemma when asked to settle a case that frequently includes a requirement of absolute confidentiality. It is often difficult for victims to balance their idea of “justice” with the value of the case from a legal perspective and what the offender or institution is willing to pay. Just because a statute of limitations is extended or eliminated does not mean a plaintiff wins. Statutes of limitation only prevent access to the courthouse door. Once inside, a plaintiff must still present, prove, and actually win the case. “Access” does not always mean “justice” and careful client counseling is necessary to give victims perspective on exactly what the court process can and cannot provide. Fortunately, most victims gain strength and vindication from the process itself. Win or lose, having their day in court is truly cathartic for many victims. Holding individuals and institutions accountable is perhaps the best definition of justice attorneys and advocates can provide for their clients. \[pdf-embedder url=”https://www.jamesmarshlaw.com/wp-content/uploads/2018/06/art-APHSA-Distant-memories-fresh-wounds-Litigation-strategies-for-sexual-abuse-lawsuits.pdf” title=”Litigation Strategies for Sexual Abuse Lawsuits”\] ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Marsh Law Firm Blog --- ### [Paroline v. Amy Unknown's Wide-ranging Impact for Victims, Policymakers and Professionals](https://www.jamesmarshlaw.com/paroline-v-amy-unknowns-wide-ranging-impact-for-victims-policymakers-and-professionals/) **Published:** February 11, 2014 **Author:** James R. Marsh **Content:** The [American Professional Society on the Abuse of Children](http://www.apsac.org/) (APSAC) is the leading national organization supporting professionals who serve children and families affected by child maltreatment and violence, including child sex abuse and child pornography. As a multidisciplinary group of professionals, APSAC achieves its mission in a number of ways, most notably through expert training and educational activities, policy leadership and collaboration, and consultation that emphasizes theoretically sound, evidence-based principles. With more than 26 years of existence and a central role in the development of professional guidelines addressing child abuse and neglect, APSAC is well-qualified to advance understanding on the current nature of child pornography and the harm it causes its victims. On October 18, 2013, in conjunction with its [amicus brief](http://apsac.memberclicks.net/assets/documents/12-8561-amicus-apsac%2011.26.13.pdf) in our Supreme Court case [*Paroline v. Amy Unknown*](http://childvictims.us/paroline-v-united-states/), APSAC issued [this statement](http://apsac.memberclicks.net/assets/documents/apsac%20statement%20on%20harm%20to%20child%20pornography%20victims%2010.29.13.pdf) on the harm to child pornography victims with the goal of assisting the Supreme Court, professionals, policymakers, and the public about most recent science documenting the nature and harm done to victims by the market in child pornography and all of its participants. --- ## APSAC Statement on the Harm to Child Pornography Victims ### Adopted October 18, 2013 The American Professional Society on the Abuse of Children (“APSAC”) is an interdisciplinary professional society focusing on child maltreatment. With more than 26 years of existence and a central role in the development of professional guidelines addressing child abuse and neglect, APSAC is well qualified to help inform the multidisciplinary field about the current nature of child pornography and the harm it causes its victims. More than thirty years ago, in [*New York v. Ferber*](http://www.oyez.org/cases/1980-1989/1981/1981_81_55), 458 U.S.747 (1982), the United States Supreme Court recognized that “\[t\]he distribution of photographs and films depicting sexual activity by juveniles is intrinsically related to the sexual abuse of children . . . the materials produced are a permanent record of the children’s participation and the harm to the child is exacerbated by their circulation.” Because of the harm to children who are the victims of child pornography, in Ferber the Supreme Court declared that, unlike adult pornography, child pornography is entitled to no First Amendment protection and can be banned. For the victims, the sexual abuse of the child, the memorialization of that abuse which becomes child pornography, and its subsequent distribution and viewing become psychologically intertwined and each compound the harm suffered by the child-victim. Some children are shown pornography as part of the conditioning and desensitization process generally known as “grooming”. Other children are aware that the abuse is being captured as photographs or movies. Some of the child sexual victimization that is photographed and/or video recorded are then distributed worldwide on the internet. There is presently no way to destroy these pornographic images and/or videos from the internet and the external media where they may be downloaded, stored, and further distributed. Children and adults who enter mental health treatment having been used sexually to create child pornography may present with a range of reactions. Some are unaware of the pornography. Some are aware of it and express concerns that other children will be shown it as part of the abuse of those children. Some children express great concern that other offenders will use the images of their abuse for their own gratification. While some children worry whether friends, peers, parents or others will find the pornography. The fear that their abuse will be revealed can become a constant worry that goes with them throughout their childhood, adolescence and into their adult lives. The long-term harm associated with child sexual victimization is well studied and clearly established. Child sexual victimization may generate a number of social, psychological, and health effects that occur more frequently among victims of child sexual abuse than non-victims. These effects may include depression, anxiety, impaired health, suicide, Post-Traumatic Stress Disorder, as well as alcohol, drug, gambling, sexual and other compulsive behaviors, and sexual functioning problems. Some effects are transient while others can last for decades if not an entire lifetime. The effects may also fluctuate or be triggered in response to various events or developments. Consequently, victims may benefit from treatment throughout their lifespan but especially during periods of increased distress. The production of child pornography necessitates the sexual abuse of the child. As the Supreme Court correctly pointed out, in addition to the effects of child sexual abuse described above, victims of child pornography often experience an exacerbation of harms and/or additional problems. These may include shame, embarrassment, fear of being identified, vulnerability from having their abuse filmed, fear that adults are viewing and being sexual with themselves or other children, and the realization that the image of their abuse will last forever on the internet. APSAC members have seen each of these harms in children and adults who are victims of child pornography. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Marsh Law Firm Blog --- ### [Michigan State's Nassar Settlement Could Set A Troubling First Amendment Precedent](https://www.jamesmarshlaw.com/michigan-states-nassar-settlement-could-set-a-troubling-first-amendment-precedent/) **Published:** May 18, 2018 **Author:** James R. Marsh **Content:** But even if this condition will have little to no impact on the survivors, it’s both telling and troubling that MSU would even try to put this on the table. James Marsh, an attorney for victims of sexual abuse and assault and a member of CHILD USA’s independent commission looking into the institutional failures around the Nassar case, expressed his concern about this. “That a state institution \[MSU\] would politically silence victims and basically pay them to give up their First Amendment rights goes way beyond the current criticism about gag orders,” he told me via text message. This condition was no ordinary “don’t talk about what’s in the settlement” demand; it’s a demand that survivors not exercise their right to petition their elected officials, which is the kind of speech that is especially protected by the First Amendment. “It’s one branch of the government censoring the ability of individuals most affected by this debacle to advocate for legislative change which will affect that branch,” he wrote. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Childhood Sexual Abuse, News --- ### [Nassar bills expected to change regardless of MSU deal](https://www.jamesmarshlaw.com/nassar-bills-expected-to-change-regardless-of-msu-deal/) **Published:** May 17, 2018 **Author:** James R. Marsh **Content:** The settlement agreement requiring victims to drop support of certain bills was “extraordinary” as it allows one branch of government to demand citizens not engage in advocacy protected by the First Amendment, said James Marsh, an attorney whose White Plains, New York Marsh Law Firm represents sexual abuse victims. “It’s like basically [giving the residents of Flint a bottle of water](http://twitter.com/marshlawfirm/status/997161460345294848) in exchange for them not exercising their First Amendment rights to petition the Legislature,” said Marsh, whose firm [tweeted about the MSU settlement](http://twitter.com/marshlawfirm/status/997159726596083712). A University of Michigan Law School graduate who still owns property in the state, Marsh, partner of New York-based Marsh Law Firm, specializes in representing victims in Title IX, sexual abuse and child pornography cases. He said the agreement goes beyond the silence of a non-disclosure agreement, which would require the plaintiff to refrain from talking about the event in question or the existence of the agreement. “This is not a private organization,” Marsh said. “This is the government that’s acting here, and these are First Amendment rights.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Childhood Sexual Abuse, News --- ### [Transparency needed in GCCC cheer coach probe](https://www.jamesmarshlaw.com/transparency-needed-in-gccc-cheer-coach-probe/) **Published:** May 4, 2018 **Author:** James R. Marsh **Content:** I read with interest your articles about the abrupt resignation of the cheerleading coach at GCCC, and allegations of the college’s years-long apathy in the face of multiple complaints by cheerleaders of sexual harassment. Title IX, the federal statute mandating equal opportunity in education, requires schools receiving federal aid to respond appropriately to reports of sexual harassment. Thus, the ultimate question: Did the college respond appropriately to multiple reports of sexual harassment? The Telegram’s stories provide much relevant information. But they do not allow the public to draw a well-grounded conclusion on the appropriateness of the response, largely because the college has refused to release its investigative reports or answer legitimate questions: 1. How and why was the coach allowed to stay on until March 2018 following the initial report of harassment in 2015 and several others thereafter? 2. The coach was previously cheer coach in Hutchinson. Why did he leave that job? 3. Did the college do a thorough background check before hiring? 4. What did the three purported investigations find and conclude? 5. What action, if any, was taken to reprimand the coach before he resigned? 6. Were the investigator(s) independent of the college and sufficiently experienced in this field, which is relatively new and nuanced? 7. What, if any, recommendations were made to the college, and were they followed? 8. If there was evidence of crimes, were referrals made to local or federal prosecutors? 9. If the allegations were credible, what psychological counseling, compensation or other support was offered to the cheerleaders? Much greater transparency is needed. The college should release the investigative reports. With proper safeguards, such as redacting names of victims and attorney-client privileged material, these reports can and should be made public. If reports or follow-through are lacking, the college should commission another investigation by a competent, independent investigator. There is precedent for this: (i) Penn State hired former FBI Director Louie Freed to investigate the university’s response to Coach Jerry Sandusky’s sexual abuse of young boys; (ii) Baylor hired Pepper Hamilton to investigate the football team’s rape and sexual misconduct scandal. These reports were thorough and gave detailed direction to the universities on addressing the scandals and preventing them from recurring. The responsible coaches and administrators were demoted or terminated. Both investigative reports were posted online at <http://www.documentcloud.org/documents/396512-report-fi%20nal-071212.html> and <http://www.baylor.edu/thefacts/doc.php/266597.pdf> respectively. Whatever the fallout from the cheer coach resignation, we can hope this will be a learning opportunity for all college constituents (students, coaches, administrators, trustees and the public) so that students are protected from sexual predation, and complaints handled fairly, to ensure students are heard and coaches protected against trumped up charges. Very truly yours, ROBERT Y. LEWIS Garden City *Bob Lewis is a native of Garden City. As a federal prosecutor and practicing attorney in Los Angeles and New York City for the last 30 years, he has advocated for many crime victims, including sexual abuse victims. He recently returned to Garden City, where he now resides and practices law.* ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** News, Opinion --- ### [Settlement reached between former professor, victims depicted in child porn](https://www.jamesmarshlaw.com/settlement-reached-between-former-professor-victims-depicted-in-child-porn/) **Published:** May 4, 2018 **Author:** James R. Marsh **Content:** ERIE — An undisclosed settlement has been reached in the federal civil suit between a former award-winning college professor from Meadville convicted on child pornography charges and the eight victims depicted in the pornography authorities found on his computers. In December 2016, the victims, identified only by pseudonyms, filed a lawsuit against Kirk Nesset in U.S. District Court in Erie for statutory damages of $150,000 each plus compensatory and punitive damages. Katie M. Shipp, an attorney who represents the eight victims along with Hepbrurn, also declined comment when contacted by the Tribune by email. Nesset formerly was a tenured professor of English at Allegheny College and had taught at the college since 1995. Nesset won the Drue Heinz Literature Prize in 2007 for a collection of short stories called “Paradise Road.” The award is given annually by the University of Pittsburgh Press. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Pornography, News --- ### [James R. Marsh Appointed to Blue Ribbon Commission Examining the Larry Nassar Scandal](https://www.jamesmarshlaw.com/nassar-commission/) **Published:** May 2, 2018 **Author:** James R. Marsh **Content:** ## In Aftermath of Larry Nassar Case, Blue Ribbon Commission of National Experts Launched to Examine Failure of Institutions to Protect Youth Athletes *“Game Over: Commission to Protect Youth Athletes,” Funded in Large Part by $300,000 Investment from the [Foundation for Global Sports Development](http://globalsportsdevelopment.org/), to be led by University of Pennsylvania-Based [CHILD USA](http://www.childusa.org/)* *Commission Comprised of National Experts in Child Sex Abuse, Law Enforcement, Academia, Trauma, Sports and Investigative Journalism* **PHILADELPHIA, PA – CHILD USA**, the University of Pennsylvania-based think tank focused on child abuse and neglect, with $300,000 in funding from the Foundation for Global Sports Development (GSD), today announced the establishment of an independent Blue Ribbon Commission to examine the institutional responses to sexual abuse by former USA Gymnastics doctor Larry Nassar. The announcement came at the Athletes and Abuse Symposium hosted at the University of Pennsylvania, where leading national experts on sports, law enforcement, child sexual abuse, and child development convened to examine the repeated abuse of athletes across the spectrum of sports and ages. “Game Over: Commission to Protect Youth Athletes” led by Marci Hamilton, CEO of CHILD USA and Fox Professor of Practice at the University of Pennsylvania, will have 16 members, and will immediately engage in a fact-finding exercise, before conducting public hearings to bring greater light to what happened and what went wrong in reporting. The commission expects to release a full, public report, in the beginning of 2020 with the goal of preventing abuse in the future. “We’ve all read the headlines, we have all heard the gut wrenching witness statements from the survivors. What we need now is a comprehensive assessment of what went wrong and why,” said Marci Hamilton, CEO and Academic Director of CHILD USA. “By the time we have concluded this Commission we will better understand the institutional failings that allowed these crimes to happen and have a series of recommendations and solutions to ensure other entities and individuals don’t make the same mistakes in the future.” “The Foundation for Global Sports Development funded this commission because we believe in the developmental benefits of sports for youth around the world,” said David Ulich, President of The Foundation for Global Sports Development and trustee of the United States Olympic and Paralympic Foundation. “Those benefits are placed at great risk when the individuals and institutions who are charged with developing and protecting our young athletes fail.” “It goes without say that numerous organizations and institutions were unable –or unwilling –to identify and immediately remedy the pervasive abuse executed by Larry Nassar on young athletes,” said Dr. Steven Ungerleider, Vice President of the Foundation for Global Sports Development and best-selling sports psychologist. “Larry Nassar isn’t the first nor will he be the last person to pray on young athletes, if we don’t fully examine and make serious changes to how we oversee the development of young athletes in sports.” The sex abuse scandal centered around Dr. Larry Nassar, team doctor for USA Gymnastics (USAG) and Michigan State University (MSU), is one of the most complex in modern history, involving many institutions, coaches, and adults—all of whom failed to appropriately protect hundreds of children from sex abuse. A total of 156 women and girls testified against Nassar at his 2017-18 criminal trial, but 265 have come forward so far. Experts believe there are likely more. This independent commission will investigate all aspects of the systems that enabled the abuse, examine how they failed, reach conclusions, and issue recommendations to prevent child sex abuse in the future. It will be composed of the leading experts in the field of child sex abuse from the medical, social science, legal, and public policy arenas, each of whom is donating their time pro bono to the project. Key components of the commission include: - **Fact-Finding, Data Collection, Searchable Data Base of All Documents** The Commission will conduct a thorough public document and media review of every aspect of each institution’s and adult’s involvement in creating a pathway for Nassar to abuse hundreds of children. Fact-finding and data collection will be managed by University of Pennsylvania-based CHILD USA. CHILD USA will also bring in experts in data collection and storage to identify research leads and to construct a searchable database of all documents, which will be released to the public upon completion of the project. The Commission will collect and analyze the data in order to independently assess the environments that enabled the abuse. - **Legal and Policy Review** Upon review of the data and facts, the Commission will make specific recommendations on statutory remedies and institutional policy changes necessary to provide greater support and protection for child athletes. The Commission will conduct a thorough review of state and federal laws and institutional policies and procedures in place at each step along the way. The study of existing laws will be comprehensive, including but not limited to: state reporting requirements, child protection, statutes of limitations, and civil rights laws; federal laws including Title IX, federal statutes of limitations, and the Ted Stevens Act; and the public programs constructed to deal with children in sports, universities, and schools. - **Public Participation and Transparency** This will be an open and transparent commission to ensure accountability and integrity of both the process and the findings. The Commission will provide regular public updates on its progress to ensure continued transparency. Once the data collection has been completed, the Commission will hold public hearings at the University of Pennsylvania with commission members, invited experts and witnesses, and parties involved in the Nassar case. Specifically, current and former officials from Michigan State University, USA Gymnastics, US Olympic Committee, coaches (including the Karolyis), survivors, attorneys involved in the lawsuits, and others will be invited to testify. Upon completion of the fact finding, data collection, and public hearings, the commission will compose and release its findings to the public and policymakers. All materials gathered and testimony obtained will be archived and made available to the public. In addition to being chaired by **Marci Hamilton** of CHILD USA, commission members include: **Steven Ungerleider**, PhD, co-founder of the Foundation for Global Sports Development **Steven Berkowitz**, MD, Associate Professor, Clinical Psychiatry, University of Pennsylvania, Perelman School of Medicine; Director, Penn Center for Youth and Family Trauma Response and Recovery **Pat Ciarrocchi**, former CBS3 Philadelphia news anchor who has covered the sex abuse crisis in depth **Sharon Cooper**, MD, CEO, Developmental and Forensic Pediatrics, P.A. **David Corwin**, MD, Professor and Director of Forensic Services, Pediatrics Department, University of Utah **James Carpenter**, Esq., Former Chief, Family Violence and Sexual Assault Unit, Philadelphia D.A. Office **Melissa Jampol**, Esq., former Assistant US Attorney, New Jersey **Kathleen Faller**, MSW, Professor Emerita of Children and Families in the School of Social Work at the University of Michigan; Director, Family Assessment Clinic; Principal Investigator on the University of Michigan site of National Child Welfare Workforce Institute **Teresa Huizar**, Executive Director, National Children’s Alliance **Jennie Noll**, PhD, Professor for Healthy Children, Dept. of Human Development and Family Studies, Penn State; Director, Child Maltreatment Solutions Network **Daniel Pollack**, MSW, JD, Professor at Yeshiva University’s School of Social Work and a frequent expert witness in child welfare lawsuits **Monica Rowland**, Former President, Athletes Advisory Council to the US Olympic Committee, Pentathlon Coach **Philip Scribano**, DO, MSCE, Director of Safe Place: The Center for Child Protection and Health at The Children’s Hospital of Philadelphia; program director of the Child Abuse Pediatrics Fellowship Program **Joyanna Silberg**, PhD, Senior Child Trauma Consultant, Sheppard Pratt Health System; Owner, Childhood Recovery Resources; President, Leadership Council on Child Abuse & Interpersonal Violence **James R. Marsh**, Esq., Founder, Children’s Law Center (Washington D.C.) **Courtney Kiehl**, CHILD USA Fellow and former elite gymnast **Ali Boren**, Esq. Executive Director, CHILD USA **Fox Leadership Program Fellows**, University of Pennsylvania **Toll Public Interest Center Interns**, University of Pennsylvania School of Law **CHILD USA Interns** --- The Advisory Committee consists of: **Nancy Hogshead Makar**, J.D., Chair **Lynn Abraham**, former Philadelphia District Attorney, Archer **Dean Colson**, Esq., Colson Hicks Eidson **Jane Eisner**, journalist, EIC, The Forward **Sen. Dianne Feinstein** (invited) **Prof. Richard Gelles**, University of Pennsylvania **Thomas Kline**, Esq., Kline & Specter PC **Thomas Lyon**, Esq., USC School of Law **Paul Mones**, Esq. **Abbie Newman**, R.N. J.D., CEO of Mission Kids Child Advocacy Center **David Ulich**, Esq., Sheppard, Mullin, Richter & Hampton LLP --- ### About The Foundation For Global Sports Development Working closely with international sports federations, generous donors and committed athletes, [The Foundation for Global Sports Development](http://globalsportsdevelopment.org/) promotes sportsmanship, education, fair play and ethics among the world’s youth. The Foundation gives special emphasis to groups and communities that are most in need or most underserved by current programs, including women, minorities and youth. ### About CHILD USA [CHILD USA](http://www.childusa.org/) is a 501(c)(3) nonprofit located at the University of Pennsylvania dedicated to ending child abuse and neglect through research-based public policy advocacy. CHILD USA is the nation’s leading organization that tracks and advocates for access to justice for child sex abuse victims. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Marsh Law Firm Blog, News --- ### [Marsh Law Firm - Supporting Child Pornography Victims](https://www.jamesmarshlaw.com/supporting-child-pornography-victims/) **Published:** April 10, 2018 **Author:** James R. Marsh **Content:** ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Pornography, Marsh Law Firm Blog, News --- ### [Child sex abuse images matter](https://www.jamesmarshlaw.com/child-sex-abuse-images-matter/) **Published:** March 9, 2018 **Author:** James R. Marsh **Content:** James Marsh is probably the USA’s leading lawyer when it comes to representing victims of child sex abuse where an image of the abuse has appeared online. He represented Amy in *Amy v Paroline*. It went all the way up to the US Supreme Court. Marsh is quite clear. Victims want every copy or version of an image of their humiliation to be found and deleted as quickly as possible. Pending that, they want access to be restricted to the greatest extent achievable, again as quickly as possible. Knowing this is being done can be crucial to a victim’s prospects of recovery and getting back to any kind of normal life. It is reassuring evidence that the harm done to them is acknowledged, that every practical step is being taken to make things as right as they can be, that justice is being delivered. Child sex abuse images which have been posted on the internet are important in and of themselves. We do not need to justify taking action against them on any grounds other than the fact that they exist. Let’s remind ourselves why. Every act of sexual abuse involving a child will harm that child. However, if an image of the abuse is also created then distributed over the internet, potentially to be viewed by everyone in the world, unquestionably that will add to, change and expand the harm. The crushing sense of loss of one’s human dignity can be severe, even overwhelming. The constant, nagging fear that your classmates or people from your neighbourhood may already have seen the images or might in the near future can be deeply corrosive of a young person’s self-confidence and self-esteem. And that’s on top of the harm caused by being sexually abused in the first place. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Pornography, News --- ### [Towards a Global Indicator on Unidentified Victims in Child Sexual Exploitation Material](https://www.jamesmarshlaw.com/towards-a-global-indicator-on-unidentified-victims-in-child-sexual-exploitation-material/) **Published:** March 9, 2018 **Author:** James R. Marsh **Content:** Ground-breaking research released by INTERPOL and ECPAT International into the online sexual exploitation of children suggests that when online images or videos of child sexual abuse depict boys or very young children, the abuse is more likely to be severe. The research included a visual analysis of a sample of images and videos stored by INTERPOL in the “ICSE Database,” which is an investigative tool containing media seized by law enforcement around the globe and used as evidence in criminal enquiries. Researchers categorized and analyzed its content to better understand patterns of offending and victimization. The study “found a link between the age of the victim and the severity of abuse.” When victims were younger, the abuse was more likely to be extreme. It was also found that very young children were more likely than older victims to be subjected to abuse and exploitation that featured additional “problematic paraphilic themes,” (sexual behaviour that risks causing another person psychological distress, injury, or death). The researchers made the same link between severity of abuse and gender of the victim. “Boys made up a significant proportion of victims and videos and images featuring boys were more likely to show severe abuse material that features problematic paraphilic themes,” says the report. 84 percent of the sample of images or videos visually surveyed contained explicit sexual activity, gross assault, sadism or other “problem paraphilia.” More than 60 percent of unidentified victims were prepubescent, including infants and toddlers, and one third of victims were boys says the report. More than 12,000 victims have been identified in the database, but it remains difficult to accurately determine the number of unidentified victims. According to ECPAT International, because the vast majority of online child sexual abuse material is made by those in the victim’s circle of trust, such as coaches, teachers and care givers, identifying children in abuse material can be crucial to locating offenders. Other messages from the study: - Law enforcement officials face multiple challenges in identifying victims and offenders, even with powerful tools such as the ICSE Database; - A significant proportion (61 percent) of analysed series contained images and videos that were both abusive and exploitative in character, and in the vast majority of the analysed series from child modelling sites, both abusive and exploitative material was visible; - Accurate determination of core characteristics of victims such as age is a challenge, particularly across ethnic groups; - Even though most offenders were male, there are some females involved in the abuse and exploitation of children – and more needs to be understood about this phenomenon; and - The phenomenon of ‘youth-produced sexual imagery’ appears to present a challenge to international law enforcement, both in terms of the detection and integration of this imagery with international image databases, and the identification and classification of its victims. \[pdf-embedder url=”https://www.jamesmarshlaw.com/wp-content/uploads/2018/03/Technical-Report.pdf”\] ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Pornography, Marsh Law Firm Blog --- ### [Battling the Cover-Up Culture of Child Sexual Abuse in Schools](https://www.jamesmarshlaw.com/battling-the-cover-up-culture-of-child-sexual-abuse-in-schools/) **Published:** February 13, 2018 **Author:** James R. Marsh **Content:** Too many schools are failing in their responsibility to keep children safe from sexual abuse. The doctrine of *in loco parentis* demands that schools assume the responsibility of the parent to keep a child safe at school. Often, instead of protecting children, schools have been covering up sexual abuse of children by teachers, failing to investigate and report alleged abuse, and allowing teachers to silently leave. Not surprisingly, this allows them to find employment as teachers elsewhere, free to resume their predatory behavior. This “passing the trash” policy has been well-publicized regarding sports, religious, and fraternal institutions. Schools are where children leave the protection of their parents to learn in a presumptive safe environment. How, and why, are some failing to adequately protect our children? \[pdf-embedder url=”https://www.jamesmarshlaw.com/wp-content/uploads/2018/02/Battling-the-Cover-Up-Culture-of-CSA.pdf” title=”Battling the Cover-Up Culture of CSA”\] ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Childhood Sexual Abuse, Marsh Law Firm Blog --- ### [In Supporting the Gymnastics Victims, Judge Aquilina Got It Right](https://www.jamesmarshlaw.com/in-supporting-the-gymnastics-victims-judge-aquilina-got-it-right/) **Published:** January 29, 2018 **Author:** James R. Marsh **Content:** ### by [Paul Cassell](http://reason.com/people/paul-cassell/all) Recently the country watched Michigan Judge Rosemarie Aquilina allow crime victims—dozens of them—to testify during the sentencing hearing of Olympics doctor, Larry Nassar. These victims spoke eloquently and emotionally about the terrible harm that Nassar had caused. After hearing from the victims, Judge Aquilina sentenced Nassar to 40 to 175 years in prison, to be served after completion of an already-imposed 60-year prison term. The lengthy sentence appears to have broad public approval as punishment that fits the crime. But a few legal commentators have been carping about the process leading up to the sentence, suggesting that Judge Aquilina somehow stepped outside proper judicial boundaries in providing so much support for the victims. These allegations misunderstand the law governing sentence proceedings. In fact, what Judge Aquilina did was clearly within her judicial role and should be celebrated not criticized. In this case, the system worked as it was intended, and Judge Aquilina properly gave the victims an opportunity to have their voices heard. Michigan voters amended their [state constitution in 1988](http://www.nvcap.org/states/michigan.htm) to give crime victims rights—specifically relevant in this context, the “right to make a statement to the court at sentencing.” What we saw over the last week or so was victims exercising this right to make a statement, specifically giving what is commonly referred to as a “victim impact statement.” Victim impact statements play multiple roles during the criminal justice process, as I have explained at length in my article “[In Defense of Victim Impact Statements.](http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1468649)” One of the most important purposes of a victim impact statement is providing information to the sentencing judge about the full scope of a crime, so that she can impose punishment that fits the crime. The victims’ statements over the last few days powerfully demonstrated the long-lasting physical, emotional, and other consequences that followed from Nassar’s crimes. Collecting that information was part of Judge Aquilina’s job in imposing sentence, not a detour from it. Another important purpose of a victim impact statement is driving home to the defendant the full consequences of what he has done. It is possible that Nassar’s victims were able to cause him to appreciate, at least to some small degree, what he had done to these women. Early in the sentencing process he complained to the judge about being forced to listen to all the victims, but by the end he was apologizing and claiming to have been [shaken to his core](http://www.cnn.com/2018/01/24/us/larry-nassar-full-statement/index.html). Yet another important purpose of a victim impact statement has been often overlooked in some of the critical commentary. Apart from any impact on the sentencing process or the defendant himself, a victim impact statement can have important therapeutic benefits for victims. I summarized the relevant empirical literature on this subject in my article: > One thorough assessment of the literature on victim participation explained, “The cumulative knowledge acquired from research in various jurisdictions, in countries with different legal systems, suggests that victims often benefit from participation and input. With proper safeguards, the overall experience of providing input can be positive and empowering.” Thus, the consensus appears to be that victim impact statements allow the victim “to regain a sense of dignity and respect rather than feeling powerless and ashamed.” Judge Aquilina helped the victims through the process of giving a victim impact statement, offering words of encouragement and furthering their efforts to regain their dignity and respect by allowing them to explain what had happened to them. In furthering their healing process, the judge doing nothing more than allowing victim impact statements to work as they were intended to work. In light of these general purposes of victim impact statements, the general reaction to Judge Aquilina’s handling of the sentencing hearing appears to have been [positive](http://www.huffingtonpost.com/entry/larry-nassar-survivors-detroit-free-press_us_5a69e9ffe4b002283009cbfe). But inevitably, rather than celebrating what should have been regarded as an example of an important government process working as intended, a few commentators have appeared to carp about some aspects of the case. For example, [writing in Vox](http://www.vox.com/the-big-idea/2018/1/25/16932656/judge-aquilina-larry-nassar-line-between-judge-advocate-sentencing), defense attorney Rachel Marshall argued that “\[t\]hroughout the proceedings, which were televised, Aquilina essentially transformed herself into a champion for a movement. It is understandable to feel empathy for previously voiceless victims, especially ones whose testimony took such bravery. But there are crucial distinctions between judge and advocate, and she traversed those lines repeatedly.” Similarly, [writing in *Time* magazine](http://time.com/5119433/larry-nassar-judge-rosemarie-aquilina-justice/), defense attorney Anne Gowen claimed that Judge Aquilina departed from her judicial role because “\[a\] judge who reframes the sentence she selects as a personal expression of disgust with the actions of the defendant and the defendant himself has changed the task she was assigned.” And, [writing for *The* *New Republic*](http://newrepublic.com/article/146765/judging-larry-nassar), Andrew Cohen claimed that “\[t\]o her discredit, Judge Aquilina abdicated her role as an impartial arbiter and became instead a tribune for prosecutors and the victims. She did this by showing relentless hostility and anger toward Nassar.” These arguments might have some initial plausibility—if Judge Aquilina had been presiding over a trial to determine whether Nassar was guilty or innocent. But she was conducting a sentencing proceeding, in which Nassar had already pleaded guilty and admitted he was a child molester. The proper judicial role at sentencing is much different than an umpire just calling balls and strikes. When sentencing a justly-convicted criminal, the judge is perfectly entitled to be the voice of the community she represents—a community that was no doubt shocked by the magnitude of Nassar’s crimes. The U.S. Supreme Court has considered—and rejected—allegations of judicial “bias” in analogous contexts. In rejecting an argument that a judge should have recused because of negative opinions he expressed about a criminal defendant, the Court explained: > The judge who presides at a trial may, upon completion of the evidence, be exceedingly ill disposed towards the defendant, who has been shown to be a thoroughly reprehensible person. But the judge is not thereby recusable for bias or prejudice, since his knowledge and the opinion it produced were properly and necessarily acquired in the course of the proceedings, and are indeed sometimes (as in a bench trial) necessary to completion of the judge’s task. . . . Impartiality is not gullibility. Disinterestedness does not mean child-like innocence. If the judge did not form judgments of the actors in those court-house dramas called trials, he could never render decisions. *[Liteky v. United States](http://www.law.cornell.edu/supct/html/92-6921.ZS.html)*, 510 U.S. 540, 550–51 (1994) (internal quotations omitted). Judge Aquilina was sentencing a child abuser who had harmed more than a hundred underage girls. As the Supreme Court indicates, it would hardly be surprising to find that she was, to put it mildly, “exceedingly ill disposed towards” Nassar. But that is not bias—but simply the consequence of a man choosing to commit horrible crimes and then being held to account. The law in Judge Aquilina’s jurisdiction—Michigan—is to the same effect. As long ago as 1989, shortly after enactment of Michigan’s victims’ rights amendment, the Michigan Court of Appeals rejected a claim of judicial bias arising from the judge reviewing an allegedly “inordinate degree of inflammatory, marginally relevant, prejudicial statements” from the relatives of a homicide victim. In rejecting the claim, the Michigan Court of Appeals emphasized that “\[t\]he impact of a crime on a victim is a valid sentencing consideration. In view of the enactment of the Crime Victim’s Rights Act, with its explicit provision for victim input into the disposition of criminal cases, including sentencing, a contrary conclusion is not tenable. We do not believe that the judge’s consideration of the impact of the crime on the victim amounted to a prejudice or bias that deflected him from making a sentencing decision within the scope of considerations recognized in\[Michigan caselaw, which allows a just to consider, among other sentencing factors, the disciplining of the wrongdoer, the protection of society, the potential for reformation of the offender, and the deterring of others from committing like offenses\].” *People v. Jones*, 179 Mich. App. 339, 342–43, 445 N.W.2d 518, 520 (1989). A few years later, in 1992, the Michigan Court of Appeals reiterated the point and went further, making clear that judges can say harsh things about criminals they are sentencing: “Sentencing is the time for comments against felonious, antisocial behavior recounted and unraveled before the eyes of the sentencer. At that critical stage of the proceeding when penalty is levied, the law vindicated, and the grievance of society and the victim redressed, the language of punishment need not be tepid.” *People v. Antoine*, 194 Mich. App. 189, 191; 486 N.W.2d 92 (1992). Interestingly, several commentators have criticized Judge Aquilina for saying she had signed Nassar’s “death warrant” in sentencing him to a multi-decade term of imprisonment. But just last summer, the Michigan Court of Appeals rejected a claim of judicial bias when a Michigan trial judge expressed the “wish” that a defendant has been caught committing a more serious crime, because then “you might not be going to the Department of Corrections for 10 years, you might be getting buried in some cemetery.” In rejecting an argument of bias, the Michigan Court of Appeals noted that, “Without question, aspects of this statement reflect a certain level of frustration by the trial court. However, considered in context, we conclude that this statement was not an expression of personal bias or animus toward defendant, but rather was an attempt by the trial court to impress on defendant . . . the serious nature of the consequences that his actions could have had, and of the impact of his actions on the victim.” *People v. Mitchell*, No. 332266, 2017 WL 2607900, at \*5 (Mich. Ct. App. June 15, 2017). The Michigan Court of Appeals also noted that the comments were responsive to points made by the victim in a victim impact statement, explaining that the “trial court’s comments thus addressed the grievance of society and redress of the victim, and did not demonstrate actual bias.*” Id.* Nor was there any legal problem with Judge Aquilina stating, at the conclusion of the sentencing hearing, that the victims should do their best to put the matter behind them. In 2015, the Nevada Court of Appeals rejected a domestic violence abuser’s attack on sympathetic remarks made by the judge to the victim. In that case, the victim described how she was harmed by the defendant’s battery, i.e., that she had panic attacks, her relationship with her husband and children was affected, she suffered from nightmares, and she no longer drove alone because she was afraid. The trial judge had advised the victim to put this matter behind her, suggested she seek counseling from a religious leader, and informed her that the defendant would be going to prison for a long time. In rejecting the defendant’s claim that these actions showed bias, the Nevada Court of Appeals explained that the remarks were proper, noting that the “were made at the end of the victim’s impact statement—after all of the other evidence had been presented and immediately before he imposed the sentence. We conclude these remarks do not exhibit an impermissible bias or prejudice.” *Diaz v. State*, No. 66589, 2015 WL 3824906, at \*2 (Nev. App. June 16, 2015). Nor was their any legal problem with the judge making comments expressing sympathy for the victims. The North Carolina Court of Appeals considered a case where the defendant complained that, after a judge heard a victim impact statement at sentencing, he commented: “Today is a classic example of why victims need to be recognized and the court system needs to become their friends, not their enemy.” The North Carolina Court of Appeals explained: “We do not feel the above statement manifests a bias against defendant. At most, it only illustrates an affinity for the use of victim impact statements, a procedure that is specifically endorsed by our statutes.” *State v. Hendricks*, 138 N.C. App. 668, 671–72, 531 S.E.2d 896, 899 (2000) Finally, in my home state, in a sex abuse case, the Utah Supreme Court has addressed an allegation very similar to the claim of bias made against Judge Aquilina. The Court *rejected* any suggestion that judicial anger towards a child abuse defendant was somehow a manifestation of impermissible bias, explaining: > Certainly, we expect our judges to “be patient, dignified, and courteous to litigants, jurors, witnesses, lawyers, and others with whom the judge deals in an official capacity.” But that does not mean that due process or our Code of Judicial Conduct are violated whenever a defendant’s criminal conduct and subsequent excuses inspire anger in a judge. Perhaps there is a judge who could remain emotionally neutral when faced with a father who sexually abused his daughter, tended to blame her for the abuse, and then tried to rationalize it by stating that he thought it would have been a good experience for her. But no law requires it. *[State v. Munguia](http://cases.justia.com/utah/supreme-court/Munguia011411.pdf)*, 2011 UT 5, ¶ 20, 253 P.3d 1082, 1089–90. Some commentators—including Reason’s own Robby Soave—have seized on one brief comment Judge Aquilina made to find fault with her performance. [As Soave explains](http://reason.com/blog/2018/01/25/aquilina-nassar-rape-prison), Judge Aquilina said during one of the proceedings, “our Constitution does not allow for cruel and unusual punishment. If it did, I have to say, I might allow what he did to all of these beautiful souls—these young women in their childhood—I would allow someone or many people to do to him what he did to others.” Soave identifies these remarks as coming when Judge Aquilina sentenced Nassar, although actually they came a day earlier. Soave, quite properly, finds fault with any suggestion that Nassar should be assaulted because of the assaults he committed. But while the judge’s sentiments of disgust with Nassar could certainly have been phrased more appropriately, a single off-hand remark should not be the basis overlooking the tremendous work that Judge Aquilina did over the course of multiple days of emotionally complex testimony. What we should remember from the sentencing hearing is Judge Aquilina’s closing remarks, not to Nassar but to his victims. “Leave your pain here,” she said, “and go out and do your magnificent things.” That was the human thing to say. And, as the cases collected above make clear, that was the judicious thing to say as well. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** News, Opinion --- ### [Victory in Congress!! House Passes Major Civil Reform for Child Victims 406-3](https://www.jamesmarshlaw.com/victory-in-congress-house-passes-major-civil-reform-for-child-victims-406-3/) **Published:** January 30, 2018 **Author:** James R. Marsh **Content:** Very significant victory in Congress today. The Marsh Law Firm has been seeking changes to civil remedies for victims of child pornography and online exploitation for over ten years. Today we achieved our goal. The House today passed legislation drafted by Senator Dianne Feinstein \[D-CA\] to require amateur athletics governing bodies like USA Gymnastics and other amateur sports organizations to report sex-abuse allegations immediately to local or federal law enforcement, or a child-welfare agency designated by the Justice Department. The bill further authorizes the U.S. Center for Safe Sport to ensure that aspiring Olympic athletes can report allegations of abuse to an independent and non-conflicted entity for investigation and resolution, and to make sure that all national governing bodies follow the strictest standards for child abuse prevention, detection and investigation. The Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act stems from recent allegations of sexual abuse made against personnel involved with USA Gymnastics, USA Swimming and USA Taekwondo and follows hearings earlier this year before the Senate Judiciary Committee and the Senate Commerce Committee on athlete safety issues. > “In recent weeks, the whole country watched the sentencing of Larry Nassar as young woman after young woman shared stories of abuse and the failures of the adults charged with protecting them. Passage of our bill wouldn’t have been possible without the courage of women who came forward to share those deeply painful experiences,” said Senator Feinstein. “Since I met with several brave women in February, I told them I would tirelessly work to pass this bill. Today is their day, and they should be proud that their decision to speak out has resulted in changes that will prevent the abuse of future generations of athletes.” The bill amends the Ted Stevens Amateur and Olympic Sports Act, which governs amateur athletics governing bodies, to make it safe and easy for victims to report abuse and mandate oversight to ensure strong sexual-abuse prevention policies are implemented. The bill also reforms Masha’s Law found at [18 U.S.C. 2255](http://www.law.cornell.edu/uscode/text/18/2255) by significantly enhancing federal civil remedies for victims of child pornography. The Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017, [S. 534](http://www.congress.gov/bill/115th-congress/senate-bill/534/), makes the following critical changes: - Clarifies that the $150,000 statutory damages clause is “liquidated damages” - Clarifies that victims can elect “actual damages” OR $150,000 in “liquidated damages” - Adds “other litigation costs reasonably incurred” to statutorily recoverable losses - Specifically allows courts to award punitive damages - Specifically allows courts to award “such other preliminary and equitable relief as the court determines to be appropriate” - Extends the statute of limitations to 10 years after the victim turns age 18 - Adds a “reasonably discovered” provision to the statute of limitations – plaintiffs will have 10 years after they reasonably discover “the violation” or “injury” to file their action - Adds a provision providing for national venue - Adds a provision providing for national service of process These long-sought critical reforms will empower victims of child pornography to hold offenders responsible not only in criminal court, but in federal civil court as well. Advocates for child pornography victims have been seeking these changes for almost 10 years. We congratulate Congress for passing significant law reform for Olympic and amateur athletes, and victims of child pornography, forced labor trafficking, child sex trafficking, federal sex abuse and interstate prostitution. The Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act is supported by the National Center for Missing and Exploited Children, National Crime Victims Center, National Child Abuse Coalition, Child Welfare League of America, National Center for Victims of Crime, National Children’s Alliance, Childhelp, National Survivor Advocates Coalition, National Children’s Advocacy Center, Lauren’s Kids, Rape Abuse & Incest National Network, Champion Women, CHILD USA, University of Utah Law Professor Paul Cassell, Child Sex Crime Victims’ Lawyer James R. Marsh, Crime Victims Expert Steve Twist and Former USA Gymnast Dominique Moceanu. The bill is also supported by the National Governing Body Council of the U.S. Olympic Committee, the U.S. Center for SafeSport and the U.S. Olympic Committee. **[NOW IS THE TIME TO PASS THE AVAA!](http://childvictims.us/)** Congress must not and cannot rest until federal criminal restitution reform is finally enacted. Let’s build on this victory to pass comprehensive reform for victims of child pornography and online exploitation. **[NOW IS THE TIME TO PASS THE CVA!](http://nysexabuse.com/)** New York needs to follow the United States Congress by ensuring access to justice for all child victims! ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Pornography, News --- ### [He said it was consensual. She said she blacked out. U-Va. had to decide: Was it assault?](https://www.jamesmarshlaw.com/he-said-it-was-consensual-she-said-she-blacked-out-u-va-had-to-decide-was-it-assault/) **Published:** July 14, 2016 **Author:** James R. Marsh **Content:** When Haley Lind was found alone in a stranger’s bathroom, she was naked and in a drunken stupor, barely able to stand or speak, a raucous party raging around her. She awoke in her bed hours later, her head pounding, leaves in her hair, soaked in her own urine. “I think I got assaulted last night,” she texted a friend the morning after the annual welcome-back-to-school Block Party at the University of Virginia. “Something just feels very wrong.” The Washington Post reconstructed the events of the night Lind says she was sexually assaulted at U-Va. — and the turmoil that followed — through a review of internal school records, witness statements and legal documents, as well as in numerous interviews, including with Lind, the freshman athlete she accused and their attorneys. Many spoke on the condition of anonymity about the events at Block Party because U-Va. officials instructed athletes, in a mass email, not to speak with reporters. According to internal U-Va. records, one coach instructed his athletes not to discuss what happened that night: “I told the team let’s just keep this in house,” the coach told U-Va., according to a transcript of a conversation with investigators obtained by The Post. “We’re just praying that that stays lidded up.” Lind’s attorney, James Marsh, said he also believes U-Va. did a thorough job investigating the case, but he thought it would not be difficult to prove that Lind had been assaulted. The outcome shocked Marsh, who has handled dozens of cases during the past several years, including at U-Va. A final appeal in Lind’s case failed on May 23 before a three-member panel. “Someone had to work very, very hard to reach a finding of no responsibility,” Marsh said. “Clearly, someone somewhere sees this case very differently from everyone else we’ve talked to. I’m at a loss to explain how U-Va. reached this decision. It just doesn’t make sense.” The drawn-out investigation demoralized Lind, who has concerns about a process that found that someone as intoxicated as she was could give consent for sex to a total stranger. Prior to the university’s findings, Lind said she believed the freshman athlete should be held to account for what happened “I’m not doubting myself for a second,” Lind said in December, months before U-Va. cleared the athlete. “He shouldn’t go on to live a normal life like he does now. He should have a consequence for it.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Campus Sexual Assault, News, Title IX --- ### [Senate Passes AVAA by Unanimous Consent](https://www.jamesmarshlaw.com/senate-passes-avaa/) **Published:** January 24, 2018 **Author:** James R. Marsh **Content:** Five years ago today, Emily Bazelon’s [groundbreaking story](http://bit.ly/stolenchildhood) about Amy and Vicky and their struggle for survival was published in the *New York Times Magazine*. One year later, on January 22, 2014, Amy’s case on restitution for victims of child pornography, [*Paroline v. United States*](http://childvictims.us/paroline-v-united-states/), was argued in the Untied States Supreme Court. It was not only a watershed moment for victims of childhood sexual abuse and online child exploitation, it was the first time any victim ever argued on their own behalf before the highest court in the land. After several sincere but ultimately failed attempts to pass legislation to simplify and streamline child pornography victim restitution in the federal courts, the Senate has once again demonstrated its commitment to children by ratifying the Marsh Law Firm inspired AVAA late last night by unanimous consent. Without a #MeToo movement, sympathetic marches, or public calls for reform, a small group of Senators, led by the tireless lifelong advocate for child pornography victims Senator Orrin Hatch of Utah, has taken firm stand on behalf of justice. With the equally tireless support of Senator Dianne Feinstein of California, the United States Senate came together in a [bi-partisan coalition](http://childvictims.us/cosponsors/) of 27 cosponsors, 12 Democrats and 15 Republicans, to do the right thing far from the spotlight, rhetoric, or Twitter feeds. A broad ideological alliance in the Senate—from Warren and Gillibrand to Cruz and Cotton—supports fixing a law which both Justice Scalia and Justice Sotomayor agreed is broken. The real challenge remains the House of Representatives which has [steadfastly blocked reform](http://childvictims.us/child-pornography-victims-ignored-and-forgotten-in-the-halls-of-congress/) for the past four years. The AVAA, which is based on a House bill introduced by Congressman Trey Gowdy in 2016 and co-sponsored by House Judiciary Committee Chairman Bob Goodlatte, provides balanced meaningful remedies for victims of child pornography. Not only will the restitution process be simplified, but victims will also have access to a fixed compensation fund and guardians ad litem, and will enjoy equal rights with criminal defendants to review evidence of their abuse. Now is the time for advocates, victims, and their supporters, to [encourage the House](http://childvictims.us/contact-congress/) to quickly consider and pass [Senate Bill 2152](http://childvictims.us/the-bill/). Child pornography restitution reform is long overdue. Let’s make 2018 the year when victims of childhood sexual abuse and online exploitation get the help and support they need. The Senate’s right, left, and everyone in between has spoken decisively. Now it’s up to the House to join them. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Pornography, News, Restitution --- ### [The U.N. Convention on the Rights of the Child in Court](https://www.jamesmarshlaw.com/the-u-n-convention-on-the-rights-of-the-child-in-court/) **Published:** January 17, 2018 **Author:** James R. Marsh **Content:** During the 28 years since the Convention on the Rights of the Child entered into force, it has become the world’s most ratified human rights treaty—with the notable exception of the United States—and a powerful tool for advancing children’s rights. The Convention is the canonical statement of children’s rights, but it is also an enforceable legal instrument being applied around the world to protect children’s rights. The excellent Child Rights International Network \[“CRIN”\] launched the CRC in Court case law database in 2009 to highlight important court decisions that quote and discuss the Convention. Since then, the database has grown to include more than 350 cases from over 100 countries. This report draws out the ways the CRC has been used around the world to challenge abuses of children’s rights, but also where it has been misunderstood and misapplied by national courts. It addresses the use of the Convention in general, and features more detailed analysis of three of the most cited rights under the Convention and the divergent ways they have been applied and interpreted. When CRIN first launched the database, they hoped it would be a tool for lawyers to use in their own advocacy. By publicizing the creative use of international children’s rights law across different legal systems and traditions, CRIN hopes to support and inspire children’s rights advocates to challenge the violations of children’s rights that persist across the world. They also hope that the database has developed into a tool for lawyers and advocates in their own work – to find arguments successful before courts in other jurisdictions to progress their own litigation. CRIN believes in a world where children’s rights are recognized, respected, and enforced. This means ensuring that for every violation there is a remedy – using the CRC as the legal tool it was always supposed to be is a step towards making this ambition a reality. \[pdf-embedder url=”https://www.jamesmarshlaw.com/wp-content/uploads/2018/01/uncrc\_in\_court.pdf”\] ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Marsh Law Firm Blog --- ### [Sextortion: Stalking Victims in the New Cyber Playground](https://www.jamesmarshlaw.com/sextortion-stalking-victims-in-the-new-cyber-playground/) **Published:** May 12, 2016 **Author:** James R. Marsh **Content:** In a [new report](http://www.brookings.edu/research/reports2/2016/05/sextortion-wittes-poplin-jurecic-spera), Benjamin Wittes, Cody Poplin, Quinta Jurecic and Clara Spera of the [Brookings Institution](http://www.brookings.edu/) discuss new research on “sextortion”—online, remote sexual assaults, sometimes over great distances, crossing international borders, or involving a great many victims. --- ## Sextortion: Cybersecurity, teenagers, and remote sexual assault We tend think of cybersecurity as a problem for governments, major corporations, and—at an individual level—for people with credit card numbers or identities to steal. The average teenage or young-adult Internet user, however, is the very softest of cybersecurity targets. Teenagers and young adults don’t use strong passwords or two-step verification, as a general rule. They often “sext” one another. They sometimes record pornographic or semipornographic images or videos of themselves. And they share material with other teenagers whose cyberdefense practices are even laxer than their own. Sextortion thus turns out to be quite easy to accomplish in a target-rich environment that often does not require more than malicious guile. It is a great mistake, however, to confuse sextortion with consensual sexting or other online teenage flirtations. It is a crime of often unspeakable brutality. It is also a crime that, as we shall show, does not currently exist in either federal law or the laws of the states. As defined in the Mijangos court documents, sextortion is “a form of extortion and/or blackmail” wherein “the item or service requested/demanded is the performance of a sexual act.” The crime takes a number of different forms, and it gets prosecuted under a number of different statutes. Sometimes it involves hacking people’s computers to acquire images then used to extort more. More often, it involves manipulation and trickery on social media. But at the core of the crime always lies the intersection of cybersecurity and sexual coercion. For the first time in the history of the world, the global connectivity of the Internet means that you don’t have to be in the same country as someone to sexually menace that person. The problem of this new sex crime of the digital age, fueled by ubiquitous Internet connections and webcams, is almost entirely unstudied. Law enforcement authorities are well aware of it. Brock Nicholson, head of Homeland Security Investigations in Atlanta, Georgia, recently said of online sextortion, “Predators used to stalk playgrounds. This is the new playground.” \[pdf-embedder url=”https://www.jamesmarshlaw.com/wp-content/uploads/2016/05/sextortion1.pdf”\] --- ## Closing the sextortion sentencing gap: A legislative proposal While prosecutors have many ways of getting at the crime of sextortion, the assortment of charges across various state and federal districts has so far produced disparate sentences with almost no clear association between prison time meted out and the egregiousness of the crime committed. The severity of the sentence in a sextortion case, according to the data we reviewed, is simply not directly related to either the number of victims or the depravity of the individual crime. The dramatic disparities at issue in sextortion cases all have, we argue in this paper, either the same root cause or a common exacerbating factor: the absence of a federal sextortion statute. They also all have the same solution: Congress should pass a federal sextortion law, one incorporating elements already present in federal sexual abuse, extortion, child pornography, and abusive sexual contact statutes. A federal sextortion law, we argue in this paper, is justified by the sheer volume of sextortion cases already being prosecuted in the federal system, the interstate and international character of many of the cases, and the disparate fashion in which these cases are handled, with respect both to each other and to cases prosecuted at the state level and cases involving physical assaults. Such a law would guarantee that sextortionists nationwide are subject to at least one single criminal statute, that weak state laws are backstopped by something stronger, and that the month to six-and-a-half years imprisonment, with a median sentence of only 40 months and a mean sentence of 38 months. That’s a difference of almost a factor of ten. \[pdf-embedder url=”https://www.jamesmarshlaw.com/wp-content/uploads/2016/05/sextortion2.pdf”\] --- ## How does Child Pornography differ from Sexting, Sextortion, and Revenge Porn?   \[youtube http://www.youtube.com/watch?v=IF7mPN-bLKA\] --- ## Sextortion Resources **Brookings Institution**: [Sextortion: Cybersecurity, teenagers, and remote sexual assault](http://www.brookings.edu/research/reports2/2016/05/sextortion-wittes-poplin-jurecic-spera) **Brookings Institution**: [Closing the sextortion sentencing gap: A legislative proposal](http://www.brookings.edu/research/reports2/2016/05/sextortion-sentencing-wittes-poplin-jurecic-spera) **Federal Bureau of Investigation**: [Sextortion](http://www.fbi.gov/news/stories/2015/july/sextortion) **Marsh Law Firm Video**: [How does Child Pornography differ from Sexting, Sextortion, and Revenge Porn?](http://www.reellawyers.com/new-york/ny-sex-abuse-victim-attorneys/james-marsh/child-pornography-differ-sexting-sextortion-revenge-porn/) --- ## What is Sextortion? ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Marsh Law Firm Blog, Sextortion --- ### [Is Belle Knox the Madonna of Her Generation or Something Else?](https://www.jamesmarshlaw.com/is-belle-knox-the-madonna-of-her-generation-or-something-else/) **Published:** April 2, 2014 **Author:** James R. Marsh **Content:** [Embed from Getty Images](http://www.gettyimages.com/detail/479456679) Thirty years ago, before the Internet, [Madonna](http://www.huffingtonpost.com/news/madonna/) scandalized society with her brash underwear, explicit sexuality, and the song “[Like a Virgin](http://youtu.be/s__rX_WL100).” Madonna’s [clothing](http://www.huffingtonpost.com/2013/08/16/madonna-style-transformation-photos_n_3763575.html), performances, and music videos had a huge cultural and social impact on fashion, music and the emerging Internet of its era—the edgy counter-culture youth driven cable television network known as [*MTV*](http://www.mtv.com/). Madonna’s 1984 title track, “Like a Virgin”, topped the [Billboard Hot 100](http://www.billboard.com/charts/hot-100) chart for six consecutive weeks. It was criticized for promoting premarital sex and undermining family values, and there were efforts to ban the song and the accompanying video. In July 1985, *Penthouse* and *Playboy* published several [nude photos of Madonna](http://www.huffingtonpost.com/2013/10/26/madonna-nude-photos_n_4165044.html) taken in New York in 1978. Desperate for money, Madonna posed for as little as $25 a session. Their publication caused a media backlash and social criticism, but Madonna remained defiant and unapologetic. Madonna later appeared on the cover of the *NY Post* saying about the photographs “I’m NOT ashamed.” Then there was Madonna’s 1992 book that was simply entitled [*Sex*](http://www.amazon.com/Sex-Madonna/dp/8440631170). It was shrink-wrapped and could not be previewed, and was filled with [sexually provocative and explicit images](http://www.queerty.com/photos-20-years-on-madonnas-sex-book-still-pushes-boundaries-20121021/). While the book was strongly criticized, it sold 1.5 million copies at $50 each in a matter of days. Finally, in September 1993, Madonna embarked on [The Girlie Show World Tour](http://en.wikipedia.org/wiki/The_Girlie_Show_World_Tour), in which she dressed as a whip-cracking dominatrix surrounded by topless dancers. Once again the show faced strong negative reaction. In March 1994, Madonna appeared as a guest on the *[Late Show with David Letterman](http://en.wikipedia.org/wiki/Madonna_on_Late_Show_with_David_Letterman)*, using profanity that had to be censored and handing Letterman a pair of her underwear and asking him to smell it. Madonna’s sexually explicit films, music and books, combined with her unabashed appearance on *Letterman*, led some to conclude that Madonna was so far [outside the mainstream](http://www.vh1.com/music/tuner/2012-03-30/madonna-top-controversies/) that her career and her legacy were effectively over. They were wrong. Consider that all of this occurred on conventional television, radio and the media, at a time when there were paper books, and no cell phones, Internet, Facebook, or Twitter. Madonna was both a feminist archetype and sexual revolutionary. Writing in the [*New York Times*](http://www.nytimes.com/1990/12/14/opinion/madonna-finally-a-real-feminist.html) in 1990, social critic and self-described dissident feminist Camille Paglia editorialized that Madonna’s "[Justify My Love](http://youtu.be/Np_Y740aReI)" video > "is pornographic. It’s decadent. And it’s fabulous. *MTV* was right to ban it…. Parents cannot possibly control television, with its titanic omnipresence." > > On *Nightline*, Madonna bizarrely called the video a “celebration of sex.… Mr. Sawyer asked for Madonna’s reaction to feminist charges that, in the neck manacle and floor-crawling of an earlier video, “Express Yourself,” she condoned the “degradation” and “humiliation” of women. Madonna waffled: “But I chained myself! I’m in charge.” > > Madonna is the true feminist…. Madonna has taught young women to be fully female and sexual while still exercising total control over their lives. She shows girls how to be attractive, sensual, energetic, ambitious, aggressive and funny—all at the same time. > > Madonna has a far profounder vision of sex than do the feminists…. Feminism says, “No more masks.” Madonna says we are nothing but masks. Through her enormous impact on young women around the world, Madonna is the future of feminism. Smart and capable, Madonna transformed herself from a girl who “wanted to be someone,” into a worldwide music and cultural icon. And she accomplished this without the instant global marketing and distribution power of the Internet, something that is nowadays hard to conceive. The sudden appearance of the [Duke college freshman porn star Belle Knox](http://www.xojane.com/sex/duke-university-freshman-porn-star) on today’s cultural landscape has engendered a great deal of discussion on [television](http://youtu.be/lzWDPOKdq40), and online in [videos](http://huff.lv/1gyyNxb), [blogs](http://www.latimes.com/opinion/opinion-la/la-ol-duke-porn-star-belle-knox-20140313,0,6589210.story) and [commentaries](http://www.washingtonpost.com/opinions/ruth-marcus-the-duke-porn-star-students-degrading-plan-to-pay-tuition/2014/03/11/b70c96a4-a940-11e3-b61e-8051b8b52d06_story.html). Unlike Madonna, who took years to carefully craft her public persona, Knox has risen to global recognition in just a matter of weeks. And the fact that so many are talking about her says more about us than it does about her. Is Knox, like Madonna, a gatecrashing rabble-rousing sexual revolutionary, or is she expropriating the dialectic of today’s [sex-positive feminism](http://www.huffingtonpost.ca/kelly-rose-pflugback/women-sexual-empowerment-_b_4058018.html) and [Internet freedom](http://www.freespeechcoalition.com/) for her own personal financial and psychological gain? Several years ago the *New York Times* [reviewed](http://www.nytimes.com/2009/06/04/arts/design/04abroad.html "When a Picture Is Worth a Thousand Debates, Give or Take") the Parisian exhibition *Controversies: A Legal and Ethical History of Photography* and surmised > there is a civil contract implied by photographs…shooting pictures of people is a sort of violation…if sensitivity is lacking, there can be something barbaric about it.” The article continued, “\[w\]e, viewing the pictures, are complicit. As consumers of images we bear witness through them. Or we’re voyeurs. In either case we complete a transaction that we instigated, in that a photograph is made hoping someone will look at it. It’s a message tossed into the ocean of time, and how we read that message, whether indifferently or with compassion, can have moral dimensions. Not surprisingly, many of our clients look like Knox, they are young, intelligent and attractive. They speak passionately about their lives and their experiences. But unlike Knox, they didn’t have choices about what was done to them or by whom. They are victims of something that sounds painfully similar to Knox’s current genre of self-expression, but is really something very different. Our [law firm](http://www.marshlaw.us/) represents victims of child pornography, child trafficking, revenge porn, sextortion, and online exploitation. Many of our clients were sexually abused and exploited long before Knox started watching pornography when she was just twelve years old. None of them have become porn stars or are publicly identified. They are the collateral damage of today’s so-called sex culture; a movement that shows no signs of stopping or even slowing. [Dr. David Corwin](http://healthcare.utah.edu/fad/mddetail.php?physicianID=u0176727#tab1), a renowned child psychiatrist who has done extensive work into the long-term impact of child sexual abuse and violence, calls child pornography “psychological heroin” to young developing minds and bodies. Given Knox’s experience at a young age with (presumably?) adult pornography, this is an apt description of an easily obtainable online drug that is never going away. A ubiquitous porn culture is here to stay for everyone, not only as consumers, but as producers and distributors. The serious public policy and public health questions of this unabashedly sex-positive world, however, cannot be ignored. Victims of child pornography do not have a choice. They are coerced through carefully calculated [grooming](http://www.victimsofcrime.org/media/reporting-on-child-sexual-abuse/grooming-dynamic-of-csa) or threats, and are almost always inculcated with adult and child pornography in an effort to normalize sexual acts and behavior. According to Knox, she started watching pornography when she was twelve years old. If true, then she was effectively grooming herself as a child for her current sexual self-exploitation. Sadly, this dynamic no longer impossible or shocking, and clearly Knox is not the only victim. The Internet has made pornography—even what used to be considered hardcore pornography—instantly accessible and available to everyone, even children. The shrink-wrapped covering over Madonna *Sex* book seems like a cultural artifact from another world. It is the normalization of deviant sexual behavior that is the greatest threat to children. While no one is advocating returning to the days when children were taught that sex is a degrading and shameful act or—as Knox’s mother reportedly told her—that if you masturbate then your vagina will fall off—we really don’t need to. The dogma of Internet freedom combined with the commoditization and normalization of endless sexual imagery and videos has created a world where almost anything by anyone can be seen at anytime with no shame attached. What is empowering for some, however, is slavery for many others. For our clients, the Internet is the broadcaster of their brutal raped and sexual degradation. The easy availability of a content neutral distribution network, the elimination of technical barriers to production, and a self-reinforcing anonymous community of pedophiles and child molesters combine to create a physical environment where children are sexually abused to produce child pornography for an eager worldwide audience. As a child, Knox experienced online sex culture as part of the first generation that came of age in a world of high speed Internet and limitless exposure to all kinds of images and ideas both good and bad. Like psychological heroin, however, her avid participation in a limitless market for abusive hardcore barely legal sexual material is enslaving more women and girls than it’s freeing. Unlike Knox, I don’t think the dominant culture needs to be liberated through images of extreme sexual abuse wrapped in feminist platitudes. In fact just the opposite needs to happen. The [incidence of rape and sexual assault](http://www.childtrends.org/sexual-assault-and-victim-blaming-the-college-experience/) on college campuses is just one example of how sex without boundaries or context is blurring the lines between what’s possible and what’s acquiesced. The Internet has made what’s possible equal anything you can see online. It has not done a good job, however, of negotiating limits. [Corrinne Dettmeijer-Vermeulen](http://www.dutchrapporteur.nl/about/dutchrapporteur/), the [Dutch National Rapporteur](http://www.dutchrapporteur.nl/) on Trafficking in Human Beings and Sexual Violence against Children, explains that “technology is neither good nor bad, nor is it neutral.” Not everyone has the power like Knox to block out their sex scenes, develop guidelines and boundaries, and stop whenever they feel uncomfortable; that’s precisely what Knox’s videos do not show us. Instead they are an unbridled unabashed orgy of unstoppable and unambiguous aggression and exploitation that normalizes and excuses the behavior depicted for everyone who views them. This includes the 12 year old girl that Knox once was. [Biological studies](http://www.biologicalpsychiatryjournal.com/article/S0006-3223(11)01127-9/abstract) have shown that sex and violence are linked in the brain. Knox’s hardcore porn harnesses both not to liberate women but, according to the preeminent child psychologist and author [Joyanna Silberg](http://www.thechildsurvivor.com/), to convince an entire generation that: - sex and love have nothing to do with each other; - liking your body means getting money for doing what makes your audience feel good; - enjoying sex means enjoying anonymous sex for money with no emotion or connection; - the fact that someone will pay you to do something means it is probably worth doing, and if paid you should not be judged for doing it. Whether Knox is re-living her childhood trauma on her own terms like many of our clients, or pushing her sexuality to the extreme like Madonna, her words and her actions are occurring in an Internet sex culture that values explicitness over explanation, fame over reason, and freedom over understanding. While sex has become a limitless unrestrained online commodity, the damage caused is often ignored if not shunned. When noted journalist and writer [Emily Bazelon](http://emilybazelon.com/) published a front page [*New York Times Magazine* story](http://bit.ly/stolenchildhood) on the fractured lives of two child pornography victims around the same age as Knox, not one website commented, tweeted, or asked for an interview. Big Porn, controlled by large multinational corporations including ISPs and the moneymaking Internet giants, don’t want to dampen the mood or their bottom lines by dwelling on the web’s dark side. In a book entitled [*Big Porn Inc.*](http://www.amazon.com/Big-Porn-Inc-Exposing-Pornography/dp/1876756896), feminist thinkers Melinda Tankard Reist and Abigail Bray reveal that: > The largely unregulated pornography industry has colonized private and public spaces at a rate that presents significant challenges to women’s and children’s rights. The mainstreaming of pornography is transforming the sexual politics of intimate and public life, popularizing new forms of anti-women attitudes and behaviors and contributing to the sexualization of children. The pornofication of culture is leading to a form of hypersexualism that entails an increase in physical, sexual, mental, economic and emotional cruelty towards women and children. While Knox may personify a wave of unconventional feminism that’s advancing through the sex culture of social networking like Tumblr and Twitter, her [expressed goal](http://www.dailymail.co.uk/video/news/video-1086021/Pornstar-Belle-Knoxs-adult-film-interview.html) of using her "experience in the porn industry to help advocate for women’s rights…to go to school and…be a human rights lawyer for women” cannot lesson the psychological heroin of her words and images. Whoopi Goldberg told Knox during her [appearance on *The View*](http://abc.go.com/shows/the-view/video/PL5554876/_m_VDKA0_20ionb30), “I understand why you feel empowered by porn.” This is the same Goldberg who [defended](http://jezebel.com/5369395/whoopi-on-roman-polanski-it-wasnt-rape-rape) director Roman Polanski’s drugging and anal rape of a 13 year old girl as “not rape-rape” but "something else." Knox, on a recent [HuffPost Live](http://huff.lv/1gyyNxb) interview, called Goldberg an amazing friend. The child victim of Polanski’s crime got no such comfort or understanding. Is Knox, as she claims, “breaking down barriers as [sex workers](http://www.nydailynews.com/news/national/duke-porn-star-belle-knox-sex-workers-article-1.1712359)?” Is she expressing her “[sexual autonomy](http://www.xojane.com/sex/belle-knox-duke-university-freshman-porn-star)?” Or fighting for women to “[win in this patriarchal society](http://theweek.com/article/index/257645/sorry-belle-knox-porn-still-oppresses-women)?” Or is she simply trying to pay her ever-rising [Duke tuition bills](http://www.dukechronicle.com/articles/2014/02/14/portrait-porn-star) without going into debt? Is she more [Belle](http://princess.disney.com/belle), the righteous Disney princess, or [Knox](http://www.huffingtonpost.com/news/amanda-knox/), the predatory psycho-sexual killer? Whether she’s [Madonna or whore](http://en.wikipedia.org/wiki/Madonna%E2%80%93whore_complex), Knox’s impact is not without consequence both for herself and for the detritus left in her ever-expanding wake. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Marsh Law Firm Blog --- ### [Wilderness Therapy Settings: An Industry in Need of Legal and Regulatory Oversight](https://www.jamesmarshlaw.com/wilderness-therapy-settings-an-industry-in-need-of-legal-and-regulatory-oversight/) **Published:** January 28, 2014 **Author:** James R. Marsh **Content:** Wilderness therapy, aimed primarily at adolescents presenting with problem behaviors, includes a range of interventions that incorporate nature and the wilderness as prominent aspects of treatment. In theory, wilderness therapists seek to effect both behavioral and attitudinal changes. In the research literature, many authors distinguish wilderness therapy from other wilderness experience programs by describing wilderness therapy as a licensed program run by licensed professionals involving assessment, treatment planning, and service delivery. Whether this distinction is consistent in the “real world” is another matter. Many self-labeled “wilderness therapy” programs do not necessarily fulfill these criteria since not all states demand these credentials. According to one estimate, there are approximately 26 wilderness therapy programs in the United States, although an earlier survey found 65 self-identified wilderness programs. One researcher reported that more than 12,000 families engage in this form of treatment in the United States every year, although again, this figure may fluctuate with the number of existing programs. As noted, though, whether all of these surveyed programs actually meet criteria for wilderness therapy remains unclear. Through providing a context of challenging outdoor living and a group setting in an emotionally safe place, wilderness therapy aims to address problem behaviors and to facilitate an emerging sense of healing, well-being, and personal and social responsibility. Wilderness therapy’s action-oriented approach is said to be particularly appropriate for adolescents and is intended to build self-esteem, internal locus of control, interpersonal skills, trust and team building, and a sense of group belonging. Typical clients for wilderness therapy are adolescents aged 14-17, although there are now programs for individuals over the age of 18 as well. Historically, wilderness therapy has been associated with delinquent youth, but populations served by wilderness programs now include mild traumatic brain injury patients, victims of rape and incest, psychiatric inpatients, and developmentally disabled clients. Wilderness therapy has also been suggested for adolescent sex offenders, adolescents suffering depression, and even as an intervention for the entire family. There is, however, a shadowy legal side to wilderness therapy. When these programs are not structured in the correct way and appropriately monitored, there can be serious and sometimes deadly consequences. This article focuses on both the clinical and legal aspects of wilderness therapy and pointedly notes this industry’s lack of regulation. Part I reviews much of the wilderness therapy wilderness adventure therapy, wilderness experience programs, challenge courses, outdoor behavioral healthcare (OBH), and other outdoor programs that vary in their structure and focus. Part II looks at a number of domestic and international lawsuits. Part III examines the minimal extent to which there has been regulatory oversight. Part IV provides recommendations for ensuring that wilderness therapy programs are facilitated in a way that maximizes safety and effectiveness, as well as offering a brief conclusion. --- **DANIEL POLLACK** is Professor, Yeshiva University, School of Social Work, and a frequent expert witness in child welfare cases. Contact: <dpollack@yu.edu>; Phone: 212-960-0836; Address: 2495 Amsterdam Avenue #818, New York, NY 10033 **KHAYA EISENBERG** is a clinical psychologist and researcher working in the greater New York City area. **KATIE M. SHIPP** is an associate at Marsh Law Firm located in New York City. \[pdf-embedder url=”https://www.jamesmarshlaw.com/wp-content/uploads/2014/01/WildernessTherapy.pdf”\] ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Marsh Law Firm Blog --- ### [On Ryan Loskarn](https://www.jamesmarshlaw.com/on-ryan-loskarn/) **Published:** February 14, 2014 **Author:** James R. Marsh **Content:** Last week, *The Washington Post* published a [piece](http://www.washingtonpost.com/opinions/ruth-marcus-the-tragedy-of-ryan-loskarn/2014/02/06/e75d3dfe-8f46-11e3-b227-12a45d109e03_story.html "The tragedy of Ryan Loskarn") in which Ruth Marcus paints the fate of now-deceased Senate staffer-slash-child porn viewer [Jesse Ryan Loskarn](http://www.politico.com/story/2013/12/ryan-loskarn-investigated-101016.html#ixzz2ssCvMV7D "Lamar Alexander top aide Ryan Loskarn arrested on child porn charges") as a “tragedy.” After reading what is allegedly Loskarn’s [suicide note](http://www.jesseryanloskarnslastmessage.com/333880300 "Jesse Ryan Loskarn's Last Message"), Marcus concludes: > Yet Loskarn’s example requires us to recognize the uncomfortable truth that damage is not always one-sided. Victims can become victimizers. Some people do terrible things because they are purely evil, others because they are terribly damaged. And Marcus is correct. The odds are overwhelmingly in favor of Loskarn’s claim [being true](http://www.princeton.edu/futureofchildren/publications/journals/article/index.xml?journalid=62&articleid=393§ionid=2669 " Current Information on the Scope and Nature of Child Sexual Abuse"), in which case he was, and is, deserving of sympathy for the terrible thing that happened to him as a child. And it is a sad fact that [some people abused as children do go on to perpetuate abuse on others](http://www.childwelfare.gov/pubs/factsheets/long_term_consequences.pdf#page=5&view=Behavioral%20Consequences "Long-Term Consequences of Child Abuse and Neglect "), that we are in need of better ways to help adult victims of child abuse heal and break the cycle, that increased compassion and mental health services could perhaps go a long way toward preventing future abuse. **However, this does not change the fact that what Loskarn did was wrong.** Drawn to child pornography, Loskarn *made the choice* to seek out—and pay for—further images of children being violently assaulted. Despite the traumatic memories he found himself grappling with, Loskarn *made the choice* to continue his behavior rather than seek mental health interventions. And despite being a survivor of child sexual abuse himself, Loskarn *made the choice* to victimize other children and to actively participate in their ongoing suffering. All of these choices led to Loskarn’s hurting already victimized children. Even Marcus herself characterizes the viewing of child pornography “the antithesis of a victimless crime.” While the abuse Loskarn lived through may help *explain* why he was drawn to child pornography, it is not an excuse. There is never an excuse. While it is possible to be both victim and victimizer, the former does not negate the latter. Loskarn had the option to not purchase child pornography, to seek help, to break the cycle of abuse. But he chose to behave in a way that took him over the line from victim to victimizer. By buying and collecting exploitative images of children being raped, he chose to hurt countless others. Yet Loskarn somehow considered this behavior an appropriate, even justifiable, way of handling his abuse on his own. This is false, akin to a drug addict trying to heal by running a drug cartel or a sociopath trying to heal by going on a killing spree. Though the sad fact is that some survivors of abuse do sometimes act out as they struggle with what happened to them, the way Loskarn hurt other children over many years goes far beyond a self-destructive cry for help. Of all the things he could have sought out online, he didn’t try to find psychological help or a survivor peer group (some of which detail stories that could have assuaged his supposed fear of being alone); for years, *he actively sought out and paid for child sex abuse images and videos.* This was no isolated incident, no breakdown on the road to recovery; it was an all-consuming activity. Saying that Loskarn was *only* a victim who couldn’t help himself is an affront to the many survivors of childhood sexual abuse who do not go on to victimize children, who deserve better than to be painted with the stigma of Loskarn’s actions. Help was available to Loskarn. The minute he began using his hurt to justify watching children being [raped](http://www.slate.com/articles/double_x/doublex/2014/02/rape_sexual_abuse_molestation_the_terms_have_become_interchangeable_but.html), he crossed a line and became a perpetrator himself. Despite help being available, he did not seek any sort of intervention until he was caught. And in the end, his viewing of child pornography evidently did not heal his pain. Loskarn’s suicide note does make one wonder if he truly comprehended that what he did was wrong. Most of the letter concerns how others perceive him; he only mentions the children he exploited at the very end: > And last, to the children in the images: I should have known better. I perpetuated your abuse and that will be a burden on my soul for the rest of my life. But the rest of his life did not last very long. Death does not absolve him, but by living he might have had a chance to make things right: serve a prison sentence; undergo therapy to sort out the underlying issues and stop viewing child sex abuse images; pay restitution to help the victims in the images heal and break the cycle (which is the goal of the pending United States Supreme Court case Marcus cites, [Paroline v. United States](http://www.childlaw.us/doyle-randall-paroline-vs-amy-unknown/ "Doyle Randall Paroline vs. Amy Unknown Supreme Court Resources")); and do whatever possible to save others from the same horrible fate. Loskarn deprived himself of the chance to try to right his wrong to the extent possible, and the world is worse off without his efforts. One last consideration. Another *Washington Post* [piece](http://www.washingtonpost.com/local/was-senate-staffer-ryan-loskarn-a-victim-of-child-abuse-an-abuser-or-both/2014/01/30/16616830-89ef-11e3-a5bd-844629433ba3_story.html "Jesse Ryan Loskarn’s death shows danger of silence about abuse") on Loskarn, written by Petula Dvorak, mentions another man who was abused as a child: Curtis St. John, founder of [MaleSurvivor](http://www.malesurvivor.org/ "MaleSurvivor"), a group providing support to male survivors of sexual abuse—a group that could perhaps have helped Loskarn. St. John chose to turn his personal tragedy into an opportunity to put some good into the world by helping others. This story shows another path Loskarn could have taken: instead of becoming a victimizer and a criminal, St. John went from victim to survivor to hero. (Dylan Farrow, who sacrificed her anonymity in order to [speak out](http://kristof.blogs.nytimes.com/2014/02/01/an-open-letter-from-dylan-farrow/?_php=true&_type=blogs&_r=0 "An Open Letter Frmo Dylan Farrow") against the Hollywood culture enabling abuse, is also a hero.) Yes, Ryan Loskarn’s story is tragic indeed. But the tragedy is not that Loskarn was somehow forced to become a child victimizer. The real tragedy lies in the choices Loskarn made, and in his unwillingness to accept the consequences. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Marsh Law Firm Blog --- ### [Landmark Civil Rights Action Filed by Campus Rape Victim to Halt New Federal Law](https://www.jamesmarshlaw.com/landmark-civil-rights-action-filed-by-campus-rape-victim-to-halt-new-federal-law/) **Published:** March 6, 2014 **Author:** James R. Marsh **Content:** A University of Virginia rape victim represented by the has filed a landmark civil rights action to stop a new federal law from undermining pending federal investigations of UVA’s mishandling of a sexual assault case on campus. Two separate cases—each filed as a Petition for a Writ of Mandamus and Equitable Relief—were lodged with the United States District Court for the District of Columbia on Friday, February 21, 2014 and docketed today. The cases are: *Jane Doe v. United States Department of Health and Human Services and Kathleen Sebelius*, Civil Action No. 14-0366 \[pdf-embedder url=”https://www.jamesmarshlaw.com/wp-content/uploads/2014/03/Jane-Doe-v.-Sebelius.pdf”\] *Jane Doe v. United States Department of Education and Arne Duncan*, Civil Action No. 14-0367 \[pdf-embedder url=”https://www.jamesmarshlaw.com/wp-content/uploads/2014/03/Jane-Doe-v.-Arne-Duncan.pdf”\] The cases were filed in an effort to halt the Campus SaVE Act—a new federal law that will substantially weaken the rights of sexual assault victims on college campuses guaranteed under Title IX—which is scheduled to take effect on March 7. UVA is under investigation by the Department of Education (DOE) and the Department of Health and Human Services (DHHS) for allegedly mishandling a sexual assault case on campus where a female student was drugged and raped by a male student. Allegations include that a UVA nurse falsified medical records and reported there were no injuries consistent with sexual assault despite multiple findings of significant injuries; and that UVA lost or destroyed photographs of the victim’s injuries. UVA is the first university to be investigated by the Office for Civil Rights at DHHS for violating women’s civil rights in connection with their handling of sexual assault reports. Though most investigations at DOE and DHHS are resolved within 180 days, the victim’s cases have been pending for over 18 months. The victim asked the court to require DOE and DHHS to issue rulings prior to March 7 because both agencies declined to say whether they would apply SaVE’s watered down standards to her case. “We’ve asked the court to issue an order protecting not only my client’s rights but also the rights of all women students from the harmful effects of the Campus SaVE Act,” said James R. Marsh, the New York based DC attorney who filed the lawsuits on behalf of the rape victim. “What happened to my client is all too common. When you’re talking about civil rights, you’re talking about the rights of all women on college campuses to be protected from violence. Campus SaVE undermines many of the critical protections previously granted to sexual assault victims. ” One in four to one in five women is sexually assaulted during college in the United States, according to recent studies. Under federal civil rights laws, students are guaranteed the right to an education free from violence and harassment. The suit alleges that SaVE undermines women’s civil rights in myriad ways including that it allows colleges and universities to require victims to prove their credibility under an exceedingly rigorous “beyond a reasonable doubt” standard. In contrast, civil rights laws mandate that victims meet a much lower “preponderance of the evidence” standard. Under SaVE, the higher burden of proof will only be allowed in cases involving violence against women, and will not be applied to cases involving violence against students based on other protected class categories such as race, disabilities and ethnicity. The victim alleges in her suit that it is unconstitutional to subject violence against women to weaker legal standards compared to violence based on these other categories. Another objectionable provision in SaVE requires schools to apply state criminal law standards to violence against women cases on campus. Current law requires schools to apply more generous federal civil rights standards such that, for example, a sexual assault is proved so long as the conduct was “unwelcome.” Under SaVE, “unwelcomeness” will not be enough. The victim will have to prove that the conduct violated state criminal law, which in most states means the victim will have to prove both non-consent and that the assault involved the use of force. Because the more generous standard of “unwelcomeness” will continue to apply to cases involving violence that occurs on the basis of race, disabilities and ethnicity, the victim alleges SaVE violates women’s equal protection and due process rights. “I am appalled by the way the Campus SaVE law weakens Title IX,” said Dr. Bernice Sandler, who is often referred to as the “godmother of Title IX” for her many years of work on the development, passage and implementation of Title IX. “SaVE places a greater burden of proof on the victim, while also subjecting women to disparate legal protections depending on where their college is located because SaVE incorporates state criminal law standards into assessments of federal civil rights violations. Title IX, as a federal law, was intended to protect the rights of all women equally, no matter where they go to college. I hope the federal court takes steps to protect women’s right to equality and safety in education.” Many advocacy groups have expressed support for the funding provisions in SaVE that will go toward anti-violence training and education programs. Those provisions are not being challenged in the lawsuit. UVA has not expelled a single student charged with sexual assault in more than 10 years. In the case currently under federal investigation, UVA’s own Sexual Misconduct Board ruled that the victim was “compelling” and “credible,” yet the Board cleared the accused of all charges, ruling the evidence was insufficient. UVA later granted the accused a teaching assistant position on campus. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Marsh Law Firm Blog --- ### [Law & Order: SVU - Restitution at Last](https://www.jamesmarshlaw.com/law-order-svu-restitution-at-last/) **Published:** April 4, 2014 **Author:** James R. Marsh **Content:** Last night NBC’s Law & Order: SVU aired an episode about our firm’s effort to obtain compensation for victims of child pornography called *Downloaded Child*. This clip, *Restitution at Last*, should sound familiar to anyone who has been following our work. They even mention the Violence Against Women Act and joint and several liability. Pop culture, we have arrived! You can watch last night’s full Law & Order SVU episode, *Downloaded Child*, [here](http://www.nbc.com/law-and-order-special-victims-unit/video/downloaded-child/2767554) free online (for a limited time). They are even using the Twitter hashtag [\#StolenChildhood](http://twitter.com/search?q=%23stolenchildhood) which was the title of the story about our clients written by Emily Bazelon in the *New York Times Magazine* [last year](http://www.childlaw.us/the_price_of_a_stolen_childhoo/). After you’ve watched *[Downloaded Child](http://www.nbc.com/law-and-order-special-victims-unit/video/downloaded-child/2767554)*, read about the real #StolenChildhood, Emily Bazelon’s groundbreaking *[New York Times Magazine](http://bit.ly/stolenchildhood)* story about our clients and our firm’s efforts to obtain compensation for victims of child pornography. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Marsh Law Firm Blog --- ### [Amy's Story - The Price of a Stolen Childhood - Recognized for Excellence](https://www.jamesmarshlaw.com/amys-story-the-price-of-a-stolen-childhood-recognized-for-excellence/) **Published:** April 30, 2014 **Author:** James R. Marsh **Content:** The [2014 Dart Awards for Excellence in Coverage of Trauma](http://dartcenter.org/content/2014-dart-award-winners-announced) recently awarded an honorable mention to the New York Times Magazine’s story about the [Marsh Law Firm’s](http://www.marshlaw.us) client Amy entitled *[The Price of a Stolen Childhood](http://bit.ly/stolenchildhood)*. The annual Dart Awards recognize outstanding reporting in all media that portrays traumatic events with accuracy, insight and sensitivity while illuminating the effects of violence and tragedy on victims’ lives. The Dart Awards, established in 1994, are administered by the Dart Center for Journalism and Trauma, based at the Columbia Journalism School. The Dart Awards are a team prize, recognizing that presenting in-depth journalism on these challenging subjects requires a newsroom-wide commitment. The Dart Awards now consider entries from across the media spectrum. The jury combines journalists, educators and mental health professionals. The New York Times Magazine received an Honorable Mention for *[The Price of a Stolen Childhood](http://bit.ly/stolenchildhood)* (Emily Bazelon, writer; Ilena Silverman, editor; Ina Jang, photographer; Joanna Milter, photo editor; Lia Miller, research editor; Mark Van de Walle, research editor). This thought-provoking feature tells the stories of victims of child pornography and chronicles their pursuit of restitution from men who view their images, exploring a wide range of legal and emotional issues. Judges praised *[The Price of a Stolen Childhood](http://bit.ly/stolenchildhood)* for “gracefully delivering on its promise to illustrate the emotional, legal and financial impact of a new source of trauma,” and for “showing the complexity of legal interventions and their unintended consequences for victims and survivors.” The 2014 winners and honorable mentions will be recognized at a public ceremony in conjunction with the [20th anniversary Dart Awards symposium May 8th from 3:00-7:30pm at the Columbia Journalism School.](http://dartcenter.org/event/20th-anniversary-dart-awards-event#.U009Uq1dXMc) ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Marsh Law Firm Blog --- ### [Children's Rights Violations Now Directly Reportable to the United Nations Committee on the Rights of the Child](https://www.jamesmarshlaw.com/childrens-rights-violations-now-directly-reportable-to-the-united-nations-committee-on-the-rights-of-the-child/) **Published:** April 30, 2014 **Author:** James R. Marsh **Content:** The ratification of a new United Nations treaty allows children to lodge complaints directly with the [Committee on the Rights of the Child](http://www.ohchr.org/EN/HRBodies/CRC/Pages/CRCIndex.aspx) when facing a violation of rights. This “[Optional Protocol on a communications procedure,](http://treaties.un.org/doc/source/signature/2012/CTC_4-11d.pdf),” which came into effect after being ratified by 10 countries (the United States has not yet ratified this protocol or the Convention on the Rights of the Child) recognizes a child’s capacity to defend their rights by [submitting complaints](http://www.ohchr.org/EN/HRBodies/TBPetitions/Pages/IndividualCommunications.aspx#OPIC) directly to the Committee about potential violence and exploitation under the [Convention on the Rights of the Child](http://www.ohchr.org/EN/ProfessionalInterest/Pages/CRC.aspx) as well as under the [Involvement of Children in Armed Conflict](http://www.ohchr.org/EN/ProfessionalInterest/Pages/OPACCRC.aspx) and the [Sale of Children, Child Prostitution, and Child Pornography](http://www.ohchr.org/EN/ProfessionalInterest/Pages/OPSCCRC.aspx). In order for children to submit a complaint, they must be in a country that has ratified the Optional Protocol on Communications Procedure and exhaust all existing legal options in their country. There is an ongoing effort for universal ratification to bring the issue of children’s rights violation to attention and push States to focus more attention on children who are vulnerable and marginalized. Because of its global availability, a smartphone app is sure to follow to ensure connectedness and progress of children’s rights. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Marsh Law Firm Blog --- ### [Signs of Sexual Abuse: Tip Sheet for Media](https://www.jamesmarshlaw.com/signs-of-sexual-abuse-tip-sheet-for-media/) **Published:** July 31, 2014 **Author:** James R. Marsh **Content:** A [pamphlet](http://nsvrc.org/sites/default/files/Publications_NSVRC_Factsheet_Media-Packet_What-is-CSA.pdf) developed by the National Sexual Violence Resource Center (NSVRC), *What Is Child Sexual Abuse*?, highlights various forms of sexual victimization and their distinctive signs and symptoms. Targeted to media professionals, the pamphlet summarizes common behavioral red flags displayed by sexually abused children. A checklist of warning signs to help with the detection and identification are also provided, including: - Bodily signs (i.e., bedwetting, stomachaches) - Emotional signs (i.e., fear, sadness, acting out) - Sexual signs (i.e., inappropriate sexual behavior) - Verbal signs (i.e., narrative accounts of non-age-appropriate sexual activities) The brochure illustrates characteristic behaviors exhibited by child sexual abuse perpetrators and cites common factors influencing children’s ability to disclose sexual abuse. Finally, data on the prevalence of this problem is presented and briefly discussed. \[pdf-embedder url=”https://www.jamesmarshlaw.com/wp-content/uploads/2018/01/NSVRC-media-factsheet.pdf” title=”NSVRC media factsheet”\] ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Marsh Law Firm Blog --- ### [Federal Criminal Restitution for Child Pornography Victims](https://www.jamesmarshlaw.com/federal-criminal-restitution-for-child-pornography-victims/) **Published:** October 28, 2014 **Author:** James R. Marsh **Content:** On April 23, 2014, the United States Supreme Court issued a much-anticipated decision concerning federal criminal restitution for child pornography victims. The case, *Paroline v. United States*, 134 S. Ct. 1710 (2014), attracted 14 amicus briefs supporting a victim named Amy, whose road to the Supreme Court started in 2008. Victims of child pornography are harmed twice: first, by the sex abuse and sexual assault committed against them and, second, by the subsequent distribution and collection of the images and videos depicting their sexual abuse. The worldwide, ubiquitous circulation of a victim’s child pornography is a never-ending invasion of privacy that is both psychologically traumatizing and emotionally unsettling. Congress addressed these serious harms by including the Mandatory Restitution for Sex Crimes provision within the Violence Against Women Act of 1994. Pub. L. No. 103-322, § 40113(b)(1), 108 Stat. 1902, 1904 (codified at 18 U.S.C. §§ 2248, 2259 (2012)). The provision codified at 18 U.S.C. § 2259 provides for mandatory restitution for various offenses involving the sexual exploitation of children found in sections 2251–2258. As part of a remedial statutory scheme, 18 U.S.C. § 2259 requires federal courts to issue restitution orders to victims of child pornography crimes, which include the creation, distribution, trafficking, and possession of child sex abuse images and videos. Courts are required to hold individual defendants liable for the “full amount” of a victim’s out-of-pocket losses, including the cost of psychological treatment, lost income, and attorney fees. Read the rest of this article at the American Bar Association’s Section of Litigation *Children’s Rights Litigation* [newsletter](http://apps.americanbar.org/litigation/committees/childrights/content/articles/fall2014-1014-federal-criminal-restitution-child-pornography-victims.html "Federal Criminal Restitution for Child Pornography Victims"). ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Marsh Law Firm Blog --- ### [U.S. Sentencing Commission Releases Video to Aid Federal Crime Victims](https://www.jamesmarshlaw.com/u-s-sentencing-commission-releases-video-to-aid-federal-crime-victims/) **Published:** October 30, 2014 **Author:** James R. Marsh **Content:** The United States Sentencing Commission today released a video entitled “Victims’ Rights and Federal Sentencing,” which aims to help crime victims exercise their right to participate in the sentencing process. Federal crime victims have a right to participate in sentencing and throughout the criminal justice process pursuant to the [Crime Victims’ Rights Act](http://go.usa.gov/wCeW) (CVRA), signed into law by President George W. Bush on October 30, 2004. The Commission is commemorating the tenth anniversary of the CVRA this week by releasing this new video to help victims make maximum use of the rights it ensured. The video and supporting resources are [available on the Commission’s website](http://www.ussc.gov/videos/victims-rights-and-federal-sentencing). “The Commission recognizes that victims are important participants in the criminal justice system, and we are committed to ensuring that they have the information they need to fully participate at sentencing,” said Chief Judge Patti Saris, Chair of the Commission. The 23-minute video features key information about the sentencing process. It identifies courtroom participants, explains legal terminology, and demonstrates how victims benefit from participating. A crime victim also shares his personal story about speaking at sentencing, and a probation officer explains how victims can affect the sentencing outcome. “Victims report that participating in the sentencing process can be a powerful part of their healing process,” said Russell Butler, chair of the Commission’s Victims Advisory Group and executive Director of the Maryland Crime Victims’ Resource Center. “It is an opportunity for the court and the defendant to hear from the victims regarding how they were harmed.” Butler, a long-time victims’ rights advocate and attorney, is featured in the video. He has served on the Victims Advisory Group since it was formed in 2008 to assist the Commission in considering the impact of sentencing policy decisions on crime victims. The CVRA provides federal crime victims with certain rights, including the rights to receive information about their cases, to be heard at public hearings, to obtain restitution, and to be treated fairly and with respect for the victim’s dignity and privacy. Pursuant to the CVRA, victims have the right to participate at sentencing by submitting a victim impact statement to be considered by the judge in imposing the sentence. “Victims can be the best source of important information that can impact the sentence imposed,” said Judge Saris. “I also know how meaningful it can be to a judge to hear how a crime personally affected the victim.” Marsh Law Firm founding partner James R. Marsh [currently serves](http://www.childlaw.us/us_sentencing_commission_appoi/) on the United States Sentencing Commission’s Victims Advisory Group. His term expires in 2015. The United States Sentencing Commission, an independent agency in the judicial branch of the federal government, was organized in 1985 to develop a national sentencing policy for the federal courts. The resulting sentencing guidelines provide structure for the courts’ sentencing discretion to help ensure that similar offenders who commit similar offenses receive similar sentences. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Marsh Law Firm Blog --- ### [More and better compensation for victims of child sex abuse](https://www.jamesmarshlaw.com/more-and-better-compensation-for-victims-of-child-sex-abuse/) **Published:** January 15, 2018 **Author:** James R. Marsh **Content:** Things are moving on in the USA. People are campaigning to get more and better compensation for victims of child sex abuse that results in images of the abuse being made and distributed over the internet. Well done James Marsh, the brilliant lawyer who will not let this go. We need a similar scheme in the UK. And everywhere else. If guys who engage in the vile trade are no longer worried about being arrested and spending time in goal they might worry if they thought it could cost them their pension and other assets as they are compelled to provide monetary compensation to the people they have hurt. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** News --- ### [The Use of Coercion in the Child Maltreatment Investigation Field: A Comparison of American and Scottish Perspectives](https://www.jamesmarshlaw.com/the-use-of-coercion-in-the-child-maltreatment-investigation-field-a-comparison-of-american-and-scottish-perspectives/) **Published:** August 26, 2015 **Author:** James R. Marsh **Content:** The intent of this article is to investigate legal precedents and principles, which yield plausible uses of coercion in the child maltreatment investigative context. In doing so, the goal is to contribute to the underlying legal philosophy and its practical application in the child maltreatment field. In particular, this article addresses the use of coercion in the child protective investigative setting from both an American and Scottish perspective. Governmental coercion is actual and not merely metaphorical, although there are limits to its use. Our discussion is on the application of coercion as a justifiable daily occurrence in the applied child protection services (CPS) context. From this perspective, CPS coercive authority is a means of merely reinforcing parental behaviors that promote the welfare of the child. Simultaneously, we acknowledge that the unnecessary and excessive use of coercive force by CPS ultimately undermines its own inherent authority and the functionality of the state’s citizens. The key role of the CPS investigator is to determine if a child is at risk of harm. When a child is in immediate danger, CPS and/or law enforcement work to ensure the child’s safety. A safety plan is often developed, which will keep a child safe at home. When that is not possible, the child may be taken into protective supervision. CPS professionals agree that a child may be removed on an emergency basis if the assessment unequivocally indicates a high risk of danger. When that determination is uncertain and the evidence is not incontrovertible, the investigator may nonetheless believe it would be prudent for the child to go elsewhere temporarily, or to make certain changes in the household. Towards that end, the investigator may try to influence, encourage, or persuade the caregiver to take certain actions for the child’s betterment. If that influence, encouragement, and persuasion crosses the line into coercion, has the investigator behaved unethically or illegally? Are all or just some forms of coercion unethical or illegal? This article was recently published in the *University of Miami International and Comparative Law Review*, 22, 129-170. \[pdf-embedder url=”https://www.jamesmarshlaw.com/wp-content/uploads/2018/01/The-Use-of-Coercion-in-the-Child-Maltreatment-Investigation-Field.pdf” title=”The Use of Coercion in the Child Maltreatment Investigation Field”\] ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Marsh Law Firm Blog --- ### [State and Federal Sexting Laws](https://www.jamesmarshlaw.com/sextinglaws/) **Published:** January 15, 2018 **Author:** James R. Marsh **Content:** This [regularly updated fact sheet](http://cyberbullying.org/state-sexting-laws.pdf) provides a brief overview and link to each of the state sexting laws. Hinduja, S. & Patchin, J. (2015). State Sexting Laws. [Cyberbullying Research Center](http://cyberbullying.org/). \[pdf-embedder url=”https://www.jamesmarshlaw.com/wp-content/uploads/2018/01/state-sexting-laws.pdf”\] ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Marsh Law Firm Blog --- ### [When Billy Is Called to Testify](https://www.jamesmarshlaw.com/when-billy-is-called-to-testify/) **Published:** January 22, 2016 **Author:** James R. Marsh **Content:** By Kathryn Alfisi of the [Children’s Law Center](http://childrenslawcenter.org/) According to *The* *Merriam-Webster* *Dictionary,* the word “testimony” means “To talk and answer questions about something, especially in a court of law while formally promising that what you’re saying is true.” While it sounds like a relatively easy thing to do, if you add an intimidating setting, unfamiliar legal procedures and jargon, and the possibility of having someone who caused you harm sitting close by you, testifying could become a stressful and anxiety-ridden experience for the average adult. So what happens when the person testifying is a child? Children are called to testify in a variety of settings. They may have been a witness to a violent crime, alleged victims of sexual or physical abuse or neglect, or the subject in a custody hearing. In these circumstances children are thrust into an adult world where they are unfamiliar with the language used and the role that they and others play in the legal proceedings. The resulting stress and trauma may not only affect children negatively, it could also make them unreliable witnesses and present lawyers with challenges. To prevent this from happening, it’s important to properly prepare a child to testify, whether that means familiarizing him or her with the courtroom and the judge or explaining courtroom behavior and terms. It may make the difference between winning and losing a case. ## The Supreme Court and Psychological Research The issue of children and testimony made news this year when the U.S. Supreme Court made a decision in *Ohio v. Clark* regarding the admissibility of nontestimonial statements in the context of a child abuse investigation. In its decision, the Court held that the introduction at trial of statements made by a three-year-old boy to his teachers identifying his mother’s boyfriend as the source of his injuries did not violate the Sixth Amendment’s Confrontation Clause. The child did not testify at trial because the statements were not made with the primary purpose of creating evidence for prosecution. Twenty-five years earlier in *Maryland v. Craig,* the Supreme Court ruled that a child could testify outside the presence of the defendant in a criminal case. The defendant, Sandra Ann Craig, ran a kindergarten and preschool facility and was accused of sexually abusing a six-year-old child. A trial court allowed the alleged victim to testify through a one-way closed circuit television to avoid serious emotional stress for the child. In its decision, the Supreme Court held that the Confrontation Clause of the Sixth Amendment, which guarantees criminal defendants the right to confront face-to-face the witnesses against them at trial, was not absolute. The state’s interest in protecting the physical and psychological well-being of children could be sufficiently significant to outweigh defendants’ right to face their accusers in court. Aside from these Supreme Court cases, concerns about children and testimony were very much in the news in light of several daycare sex abuse incidents that occurred primarily in the 1980s and ’90s and involved child abuse charges against daycare providers. In the wake of those incidents, there has been a great deal of research regarding the capacity of children to deal with the stressors associated with abuse and testifying, particularly their ability to tell the truth and accurately recall events under stress. “Certainly, we would like children’s voices to be heard in the courtroom, but we also recognize the importance of making sure that we are getting an accurate version of what kids have experienced rather than things that are responses to the form of the question,” says Michael Fitzpatrick, director of the Children’s Law Center’s (CLC) Guardian ad Litem Program. ## Barriers to Testifying Testifying in any setting may be difficult for children, but it can be particularly traumatizing for those who are victims of abuse. The emotional trauma they experience can be especially hard to process because of their young age. Children on the witness stand cope with these feelings in a handful of ways. Sometimes they can dissociate their feelings, separating normally related mental processes. This occurs when one group of feelings functions independently from the rest. In other words, they compartmentalize their feelings as a way to shield themselves from the duress of testifying. Other children who face the pressures of testifying experience psychogenic amnesia, where they are only able to gradually recall what they witnessed or experienced. In cases such as these, a child may have to undergo extensive counseling before he or she is prepared to take the stand. In the District of Columbia, Michelle Dodge and the clinicians at her Takoma Park-based JMD Counseling and Therapeutic Services LLC offer counseling for children in foster care. Dodge, who previously conducted forensic child interviews while working at the U.S. Attorney’s Office, says people tend not to believe children’s testimony. Part of the problem, Dodge says, is that while a child may know that something happened, he or she may not be able to provide details or get the sequence of events correct. “A lot of times children are being interviewed right after the trauma has occurred. As they start getting away from the trauma and start getting therapy, they may start remembering details. It’s not that they’re lying, it’s an issue of memory and functional development,” Dodge says. In cases involving family members, children may feel conflicted, not wanting to get anybody into trouble or become separated from their family. Dodge recalls a case she worked on involving a child who was molested by her grandfather. While some family members believed the child, others—like the child’s father—did not. “You could see her changing the story as she went along because she wanted her father’s love and approval and wanted to do what would make him happy,” says Dodge. In many cases children look up to adults and authority figures. When it comes to legal proceedings, children may also want to please the lawyer asking them questions. “I think adults have to be very careful with the way they ask questions because children are very sensitive to emotional and facial cues. If someone is asking a question, but maybe they’re frowning or looking very stern, the child is more likely to try to figure out what is the right answer that this person wants,” Dodge says. The unfamiliar courtroom setting and the formality of the legal process can also affect children’s testimony. “They aren’t able to understand that the seriousness of the setting does not actually relate to the trouble that they have caused,” says CLC’s Fitzpatrick. “They have a hard time managing their emotions around the event of testifying and the formality of the setting.” Language can also be a barrier, particularly in testimony pertaining to sexual abuse. Dodge says she once worked with a child who kept testifying that her father “put his ‘car in her garage’ because she didn’t know the words ‘penis’ and ‘vagina.'” “Kids, depending on the grammar of how you ask the question, will understand it in different ways, which is why expert knowledge is needed,” Dodge says. ## Preparing a Child to Take the Stand Although there are many challenges associated with children testifying, there are also ways to address these hurdles. Building a trusting relationship with the child is one way. This applies to therapists and other mental health professionals as well as lawyers. Children are more likely to accurately disclose information if they feel comfortable with the adults asking them questions. “With kids you often get much better information about their experiences if you can guide them to a place where they feel comfortable talking spontaneously about their experiences, their desires, and their wishes rather than getting them to respond to specific questions,” Fitzpatrick says. Another way to make the process easier is to have the child become familiar with the testifying process, whether by explaining what kinds of questions will be asked of them, visiting the courtroom, or getting to know the prosecutor. “With some children it may take a long time;it may take repeated visits to the courtroom and repeated explanations. I’ve seen when this doesn’t happen and those cases are generally lost,” Dodge says. According to Dodge, attorneys are more willing to take that extra time if it’s a big, complex case, but they may not be able to if it’s something simpler like a misdemeanor domestic violence case. There are also some logistical ways to make a child feel more relaxed and comfortable. For example, children may spend their time before testifying at a nearby park or the courthouse cafeteria, instead of in the courtroom hallway. In some cases a child may be able to testify on camera to speak directly to the judge in private. “We have had cases where I’ve testified that if the child were to testify, let’s say, against \[his or her\] parent in an open courtroom, that child might experience long-lasting harm,” Dodge says. ## Canines in Court A more recent but growing trend is the use of highly trained dogs in a courtroom setting. Known as courthouse facility dogs, they are used in a variety of situations, including accompanying children to the witness stand when they testify. Studies have shown that dogs can offer a calming and soothing presence for a child who has experienced trauma. The Courthouse Dogs Foundation, based in Washington state, is one organization hoping to educate the public and encourage the use of trained facility dogs in the courtroom. Former prosecutor Ellen O’Neill-Stephens and veterinarian Celeste Walsen created the organization in 2004 after O’Neill-Stephens’ son received a service dog. “I just thought, the legal system is pretty brutal, it really is, especially for crime victims and witnesses, the people who don’t want to be there,” O’Neill-Stephens says. However, both those in the legal field and people working for assistance dog organizations were slow to warm up to the idea. “When I first started doing this, the idea of dogs providing this assistance was considered to be outlandish. It’s nice to see that it’s being embraced so enthusiastically,” she adds. “We’ve been working away all these years, trying to get the word out and finally we’re succeeding.” The Courthouse Dogs Foundation has more than 87 dogs working in 28 states as well as programs in Canada and Chile. The facility dogs are chosen for their calm temperament so that they can work in a high-stress environment and then undergo about two years of training before being placed. “It really takes a special kind of dog to assist professionals in this field. They can be relied upon to participate or be present at these proceedings without disrupting them, which is a major concern for judges,” O’Neill-Stephens says. “The defense counsel has a very legitimate concern that if the jury were to see the dog assisting a prosecution witness, it might find that person more likable or credible… So with that in mind, the judge needs to review several considerations \[before allowing a dog into the proceedings\].” First,observations from a parent, a court interviewer, a police officer, or a prosecutor must demonstrate that there is a need for a dog. These observations should show that when a dog is present, the child is more relaxed, composed, and better able to engage in a discussion. Once the need is demonstrated, measures need to be taken to reduce any potential prejudice to the defendant by having the dog assist the witness in the courtroom. The Courthouse Dogs Foundation recommends that once there is a hearing and the judge weighs the cost-benefit analysis, the jury be informed. The organization also recommends that the dog and the witness settle in the witness box outside the presence of the jury and that the dog be concealed as much as possible. Ultimately, getting the most accurate testimony out of a child requires a comfortable environment, accommodating judges, and patient attorneys on both sides of the aisle. The outcome of the case may depend on it. After all, justice isn’t properly served when testimony is flawed or incomplete. *Reach Kathryn Alfisi at <kalfisi@mac.com>.* ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Marsh Law Firm Blog --- ### [Judge Gives Man 5 Days for Child Porn, Rails Against Harsh Sentences](https://www.jamesmarshlaw.com/judge-gives-man-5-days-for-child-porn-rails-against-harsh-sentences/) **Published:** February 1, 2016 **Author:** James R. Marsh **Content:** A Brooklyn man who faced 10 years for downloading child pornography was sentenced to five days by a federal judge who sharply criticized punishment guidelines for failing to distinguish between dangerous offenders and those who pose little threat. U.S. District Judge Jack Weinstein wrote a 98-page decision explaining why he bypassed the guidelines and chose not to put the man in prison for possessing two dozen photos and videos — some showing men sexually assaulting girls as young as 3 years old, according to court papers. … But child-abuse victims’ advocates said they were appalled by Weinstein’s reasoning. “I think Judge Weinstein’s opinion minimizes the harm that is done to victims of these crimes from the mere act of viewing their images. It’s a gross violation of privacy and an invasion of privacy that traumatizes them throughout their lives,” said Paul Cassel, a former federal judge who is now a law professor at the University of Utah. … Those who favor tougher sentences point out that while many consumers of child pornography may not never lay a hand on a child, some do. And all, they say, play a role in a system that promotes the abuse of children. “The viewing has a market-creation effect,” Cassel said. “It ends up leading inexorably to the rape of children.” Jennifer Freeman, an attorney who represents child-porn victims in efforts to obtain restitution, called Weinstein’s opinion “a diatribe” and said he was using the particulars of one case to indict the entire sentencing structure. “He’s basically saying it’s not worth too much punishment,” she said, adding that she did not want to comment on whether the man Weinstein sentenced deserved more time than five days. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Pornography, News --- ### [Big Brothers Big Sisters of Utah accused of allowing sex abuse](https://www.jamesmarshlaw.com/big-brothers-big-sisters-of-utah-accused-of-allowing-sex-abuse/) **Published:** March 8, 2017 **Author:** James R. Marsh **Content:** A new lawsuit accuses the Big Brothers Big Sisters of Utah organization of not doing enough to stop a mentor from sexually abusing a young boy over nearly a five-year period. The organization was served with a state civil lawsuit Tuesday that accuses it of being negligent in allowing the alleged abuser, Antonio Cardenas, to be a mentor. The lawsuit says the alleged victim was 7-years-old when the abuse started in 2004. He is now 20-years-old. He is not named in the lawsuit. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Cases, Video --- ### [Hatch and Corwin Editorial: A Lifeline for Victims of Child Pornography](https://www.jamesmarshlaw.com/hatch-and-corwin-editorial-a-lifeline-for-victims-of-child-pornography/) **Published:** January 10, 2018 **Author:** James R. Marsh **Content:** Child pornography leaves in its wake a trail of tragedy and shattered life. While public policy may never eradicate this evil altogether, it can at least alleviate the suffering of its victims. That’s exactly what Senator Hatch has sought to do with a groundbreaking new proposal that will provide justice for victims of child pornography. In an effort to update our laws for the digital age, Senator Hatch has introduced the Amy, Vicky, and Andy Child Pornography Victim Assistance Act, named after the victims of some of the most widely circulated child pornography series in the world. “Amy” brought her case to the Supreme Court and “Andy,” who is aided by the tireless advocates at the Utah Crime Victims Legal Clinic, is a Utah resident. Under this legislation-which already has nearly two dozen bipartisan co-sponsors-victims will be able to choose which form of assistance will help them most. For those seeking restitution from defendants, this bill revises the criteria and options for judges to calculate losses and impose restitution. Victims may, as an alternative, apply for a one-time payment from the existing Crime Victims Fund maintained by the Department of Justice. This editorial appeared in the Provo, Utah Daily Herald. It was co-authored by Senator Orrin G. Hatch (R-UT), the senior member and a former Chairman of the Senate Judiciary Committee, and David Corwin, M.D., Professor of Pediatrics at the University of Utah School of Medicine and President-Elect of the American Professional Society on the Abuse of Children. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Pornography, News, Opinion, Restitution --- ### [Landmark Children's Rights Case Now Before the Fifth Circuit](https://www.jamesmarshlaw.com/landmark-childrens-rights-case-now-before-the-fifth-circuit/) **Published:** April 25, 2012 **Author:** James R. Marsh **Content:** During the past two years, victims of child pornography (represented by the [Marsh Law Firm](http://www.marshlaw.us/) and pioneering attorneys [Paul G. Cassell](http://www.law.utah.edu/faculty/faculty-profile/?id=paul-cassell) and [Carol L. Hepburn](http://pview.findlaw.com/lawyer/carol-l-hepburn/wa/seattle/MTA2OTA4MV8x/PP)) have been seeking restitution in federal courts throughout the country. Almost twenty years ago Congress, led by then-Senator Joe Biden, passed a law as part of the Violence Against Women Act which requires federal district courts to award mandatory restitution to child pornography victims for the “full amount of the victim’s losses.” 18 U.S.C. § 2259(B)(3). Among the losses covered by the statute are psychiatric care, lost income, and occupational therapy. Recently this issue has come to a head in the Fifth Circuit Court of Appeals in two cases, *In re Amy Unknown*, No. 09-41238, and *United States v. Wright*, No. 09-3125. The Fifth Circuit has scheduled a rare rehearing en banc before 16 judges in these two cases on **Thursday, May 3, 2012** in New Orleans. Amy will argue that the Fifth Circuit should not read a general proximate cause requirement into the statute. At least four judges on the Court agree with her. Both the Government and the defendants in these two consolidated cases believe that proximate cause is required and limits the availability and amount of restitution. A decision in the case is expected by the end of the year. For more information on this issue, visit <http://www.childlaw.us/restitution/> ### Here are the briefs filed in the case: \[pdf-embedder url=”https://www.jamesmarshlaw.com/wp-content/uploads/2012/04/91240547-Paroline-Government-s-Brief.pdf”\] \[pdf-embedder url=”https://www.jamesmarshlaw.com/wp-content/uploads/2012/04/91240519-Paroline-Amy-s-Brief.pdf”\] \[pdf-embedder url=”https://www.jamesmarshlaw.com/wp-content/uploads/2012/04/91240503-Paroline-Defendant-s-Brief.pdf”\] \[pdf-embedder url=”https://www.jamesmarshlaw.com/wp-content/uploads/2012/04/91239946-Wright-Defendant-s-Brief.pdf”\] \[pdf-embedder url=”https://www.jamesmarshlaw.com/wp-content/uploads/2012/04/91239929-Wright-Amy-s-Amicus-Brief.pdf”\] \[pdf-embedder url=”https://www.jamesmarshlaw.com/wp-content/uploads/2012/04/91239923-Wright-Government-s-Brief.pdf”\] \[pdf-embedder url=”https://www.jamesmarshlaw.com/wp-content/uploads/2012/04/159527939-In-re-Amy-Unknown-701-F-3d-749-2012-Fifth-Circuit-En-Banc-Decision.pdf”\] ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Cases, Child Pornography, Marsh Law Firm Blog, Paroline, Restitution --- ### [Supreme Court Agrees to Hear Landmark Children’s Rights Case](https://www.jamesmarshlaw.com/supreme-court-agrees-to-hear-landmark-childrens-rights-case/) **Published:** June 27, 2013 **Author:** James R. Marsh **Content:** Earlier today, the United States Supreme Court agreed to review a case brought by the [Marsh Law Firm](http://www.marshlaw.us "Marsh Law Firm PLLC website") concerning criminal restitution for victims of child pornography. ![SupremeCourt](http://box.marshlaw.net/wordpress/wp-content/uploads/2013/06/SupremeCourt.jpg) The Court agreed to decide “**what, if any, causal relationship or nexus between the defendant’s conduct and the victim’s harm or damages must the government or the victim establish in order to recover restitution under 18 U.S.C. §2259,**” the Mandatory Restitution for Sexual Exploitation of Children Act of 1994. The case, [*Doyle Randall Paroline v. Amy Unknown*](http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/12-8561.htm "Supreme Court docket"), arises out of a long-fought and extensively litigated criminal restitution action which began almost four years ago before [Judge Leonard Davis](http://www.txed.uscourts.gov/page1.shtml?location=info:judge&judge=7 "Judge Leonard Davis") in the Eastern District of Texas Tyler Division. In January the defendant, Doyle Randall Paroline, filed a [Petition for a Writ of Certiorari](http://www.scribd.com/doc/137762553/Petition-for-a-Writ-of-Certiorari "Paroline Petition for a Writ of Certiorari") in the Supreme Court seeking review of last year’s momentous Fifth Circuit [en banc decision](http://www.childlaw.us/2011/03/fifth-circuit-issues-landmark-.html "Fifth Circuit Issues Landmark Ruling for Child Victims") which significantly expanded the rights of child pornography victims to receive criminal restitution. Former federal judge [Paul G. Cassell](http://www.law.utah.edu/faculty/faculty-profile/?id=paul-cassell "Paul G. Cassell profile"), professor at the S.J. Quinney College of Law at the University of Utah, will brief and argue the issue before the Court. Professor Cassell exclaimed: “I am looking forward to convincing the Supreme Court that victims of serious child pornography crimes are entitled to hold each and every defendant accountable for all of the losses they suffer.” In addition to its potentially far-reaching impact, the case will be the first time a crime victim has argued before the Supreme Court in a criminal case. Upon hearing the news today, Amy (a pseudonym for the victim in the case now pending before the Supreme Court), declared: > The Court’s decision to accept my case means so much to me because now everything I have gone through—being everywhere on the internet all over the world—isn’t for nothing. Now others like me who have gone through horrific traumas—and are still going through horrific traumas—can show the public that awful things like this do happen. That we are people, just like them, who deserve to have our day in court. I want this case to help other victims realize that they are not alone. That something can and will be done about their pain and suffering, and that they do not have to be afraid. This case could have a positive impact on so many people. I hope we can convince the justices that victims deserve restitution from everyone who collects pictures of their abuse. That’s what this case means to me. Amy’s personal story was recently chronicled in [this](http://bit.ly/stolenchildhood "The Price of a Stolen Childhood") front-page *New York Times Magazine* story by noted journalist and author [Emily Bazelon](http://emilybazelon.com/ "Emily Bazelon"). The Marsh Law Firm will be assisted by [Jennifer Freeman](http://www.marshlaw.us/lawyer-attorney-2086827.html "Jennifer Freeman profile") and [Robert Lewis](http://www.marshlaw.us/lawyer-attorney-2086871.html "Robert Lewis profile") of [Freeman Lewis LLP](http://freemanlewis.com/ "Freeman Lewis LLP website") in drafting the Supreme Court brief and preparing Paul Cassell for oral argument. Attorney [Carol Hepburn](http://www.savagelawyer.com/attorneys/carol-l-hepburn/ "Carol Hepburn profile"), who represents another victim of child pornography named Vicky, is expected to file an amicus brief along with several other individual and institutional amici. The Supreme Court is expected to hear oral arguments in the case early next year. **Further information on this groundbreaking case** > [Supreme Court Docket for this case](http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/12-8561.htm "Supreme Court Docket") > > [Cert Petition and Briefs filed with the United States Supreme Court](http://www.scribd.com/collections/4235623/Supreme-Court-Case-12-8561-Paroline-and-Wright "Supreme Court Cert Petition and Briefs") > > [Fifth Circuit Briefs](http://www.scribd.com/collections/3591501/Fifth-Circuit-Court-of-Appeals-Briefs "Fifth Circuit Briefs") > > [Landmark Children’s Rights Case Now Before the Fifth Circuit](http://www.childlaw.us/2012/04/landmark-childrens-rights-case.html "Landmark Children's Rights Case Now Before the Fifth Circuit") > > [Texas inmate is part of growing child porn trend that has ruined lives](http://www.dallasnews.com/news/state/headlines/20101127-Texas-inmate-is-part-of-growing-7186.ece "Interview of Doyle Randall Paroline") > > [Case Highlights Problems for Child-Porn Victims Seeking Restitution](http://www.law.com/jsp/tx/PubArticleTX.jsp?id=1202443241449&slreturn=1&hbxlogin=1 "Case Highlights Problems for Child-Porn Victims Seeking Restitution") > > [Texas judge refuses bid to make child porn users pay damages](http://www.csmonitor.com/USA/Justice/2009/1210/p02s13-usju.html "Texas judge refuses bid to make child porn users pay damages") **Also read** > [The Price of a Stolen Childhood](http://bit.ly/stolenchildhood "New York Times Magazine") > > [Should Those Who Download Child Pornography Pay the Victims?](http://bit.ly/ABAJournal "ABA Journal") ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Cases, Child Pornography, Paroline, Restitution, United States Supreme Court --- ### [Former U-Va. student seeks to block new U.S. law on campuses handling of sexual assaults](https://www.jamesmarshlaw.com/former-u-va-student-seeks-to-block-new-u-s-law-on-campusesae-handling-of-sexual-assaults/) **Published:** May 6, 2014 **Author:** Gwen Kahler **Content:** A former University of Virginia student hopes to prevent a new federal law on campus sexual assault from taking effect Friday, claiming it would undermine the investigation into her allegations that a classmate raped her more than two years ago. A lawsuit in federal court in the District argues that the Campus Sexual Violence Elimination (SaVE) Act would allow colleges and universities to place a greater burden of proof on alleged victims, renewing the debate about which standard of evidence colleges must use in disciplinary proceedings in sexual assault cases. … James R. Marsh, the student’s attorney, said she is not alone. “These are young women on campuses at some of the most prestigious universities that are unable to achieve any just and fair treatment of their complaints,” he said. … As of Thursday afternoon, the court had not responded to the lawsuit, which Marsh said he filed more than a week ago. He called his frustrations with the court’s handling of the case a “parallel for what these victims are facing at every single level.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Campus Sexual Assault, News --- ### [Marsh Law Firm Supported Child Victim Bill Passes U.S. Senate](https://www.jamesmarshlaw.com/marsh-law-firm-supported-child-victim-bill-passes-u-s-senate/) **Published:** November 14, 2017 **Author:** James R. Marsh **Content:** The Senate today by unanimous consent [passed legislation](http://www.congress.gov/bill/115th-congress/senate-bill/534/) led by [Senators Dianne Feinstein](http://www.feinstein.senate.gov/public/index.cfm/press-releases?id=2BEC8C16-43E4-412A-8660-3E7EC73104F9) (D-Calif.), John Thune (R-S.D.), Bill Nelson (D-Fla.), Susan Collins (R-Maine), Joe Donnelly (D-Ind.), Todd Young (R-Ind.) and Elizabeth Warren (D-Mass.) to require amateur athletics governing bodies to report sex-abuse allegations immediately to local or federal law enforcement, or a child-welfare agency designated by the Justice Department. Most importantly for victims of child pornography, the bill reforms Masha’s Law found at [18 U.S.C. 2255](http://www.law.cornell.edu/uscode/text/18/2255) by significantly enhancing federal civil remedies for victims of child pornography. These long-sought critical reforms will empower victims of child pornography to hold offenders responsible not only in criminal court, but in federal civil court as well. Advocates for child pornography victims have been seeking these changes for over five years. We congratulate the Senate for their hard work on this bill and the House for passing a [substantially similar bill](http://www.congress.gov/bill/115th-congress/house-bill/1973/) in May. The bill is expected to move quickly to final passage and the president’s signature. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Pornography, News --- ### [VG Exposed the Largest Child Sexual Abuse Forum. It was Run by the Police.](https://www.jamesmarshlaw.com/vg-exposed-the-largest-child-sexual-abuse-forum-it-was-run-by-the-police/) **Published:** October 7, 2017 **Author:** James R. Marsh **Content:** It is January 2017. At this point the two have been running the Childs Play website for three months. Under their supervision, thousands of members have shared photos and videos of children being sexually abused. A Norwegian member boasted of abusing children in his own family. Some members got together in person to commit abuse, which they filmed and shared on the forum. It’s understandable that Jon and Paul look shocked. Finding them was thought to be impossible. The website they operate is on the so-called “dark web”. Encryption was supposed to keep the whereabouts of the server and the people behind it secret. VG has uncovered not only where but also from which computer the forum was run. … Lawyer, James Marsh, takes a more positive view of the police using such images. He represents numerous children who feature in the most widely shared exploitation images. “Several of my clients would have welcomed police use of their images in the battle to track down abusers. They know how skilled these men are at hiding and understand what it takes to catch them,” Marsh says. He nevertheless understands the mother’s reaction. The pictures of her daughter had been less extensively distributed than many others, so each new share carried more significance. “I agree with her that the police should compensate the victims, but not with money. If victims could be consulted along the way, it would give them a sense of control. Control is exactly what they were deprived of during the assaults,” says Marsh. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Pornography, News --- ### [Former Scout leader in Uxbridge, teacher’s aide in Northbridge sentenced to 12 years for child porn](https://www.jamesmarshlaw.com/former-scout-leader-in-uxbridge-teachers-aide-in-northbridge-sentenced-to-12-years-for-child-porn/) **Published:** August 29, 2017 **Author:** James R. Marsh **Content:** A former Uxbridge Cub Scout leader and Northbridge High School instructional aide was sentenced to 12 years in federal prison after pleading guilty to distribution of child pornography. Mr. Andolina was ordered to pay $11,000 restitution. The money goes to victims of child pornography shared online by defendants in such cases. He must pay $3,000 to the Marsh Law Firm in San Francisco for the “Utah Victims Clinic.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** News, Restitution --- ### [Broward lawyer owes child pornography victims $142,600, judge rules in growing national trend](https://www.jamesmarshlaw.com/broward-lawyer-owes-child-pornography-victims-142600-judge-rules-in-growing-national-trend/) **Published:** May 26, 2017 **Author:** James R. Marsh **Content:** When a Broward lawyer was convicted of possessing more than 1,000 child pornography photos and videos, which he viewed at home and at his law firm, he was sentenced to 17 ½ years in federal prison. But earlier this month, in a growing trend, a federal judge in Fort Lauderdale also ordered David Rothenberg to pay a total of $142,600 in restitution to nine of the children who appeared in the disturbing digital images. Much of the material involved torture and extreme violence. … Hepburn and James Marsh, a New York attorney who also represents child pornography victims, said the actual collection rate for the victims they represent is about 10 percent of what they are owed. That’s partly because many of the offenders are serving lengthy prison terms and have little or no assets and it can be complicated to try to collect the debts. “A court could order $10 billion in restitution from a homeless defendant and the victim would never see a dime,” Marsh said. Records show that less than one-third of federal child pornography convicts were ordered to pay restitution, he said. Victims’ advocates support proposed legislation, which has stalled, that would establish a minimum amount of damages for different levels of child pornography offenses, make enforcement more uniform, and simplify the whole process for victims. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** News, Restitution --- ### [Breaking the silence, easing the anguish](https://www.jamesmarshlaw.com/breaking-the-silence-easing-the-anguish/) **Published:** May 20, 2017 **Author:** James R. Marsh **Content:** She met James Marsh, a New York lawyer working on the same issue. Soon, the two were seeing clients individually, but collaborating on finding a way to quantify the pain survivors felt. To say that was easier said than done is to understate the obvious. If someone steals a television, an offender might be ordered to pay the victim the cost of replacing it. But what should be the compensation for victims of child porn, whose injuries are complex and life-changing and linger long after the crime itself? “It was a question of inventing the wheel,” Hepburn says, chatting in a sunny alcove at the Fort Garry. “We needed to find out what kinds of injuries are unique to these types of victims?” In 2013, the New York Times ran a long feature on the work Marsh and Hepburn were doing. The story focused on some of their clients who had won restitution from offenders; one had won 150 orders totalling US$1.6 million. A forensic psychologist, Joyanna Silberg, described the challenge that child-porn survivors face in healing. Usually, she said, therapists working with abused children emphasize the line between past and present. “The idea is to contain the harm: it happened then, and it’s not happening anymore,” Silberg told the New York Times. “But how do you do that when these images are still out there?” … What she does know is that this advocacy can change lives. It changed life for Lucy, Rosemary and Odette; when they called Hepburn in 2014, they never imagined it would take them across North America. That journey has been healing. Two years ago, the sisters went to Washington, D.C., to appear before a congressional subcommittee, part of a push for stronger legislation that Marsh and Hepburn are leading. At the Capitol, Lucy looked down at the star-patterned carpet, and up at the pristine ceiling. And she thought about the man who first abused the sisters, and about how they’d now turned that hurt into action. “For the first time,” she says, “I saw that our life meant so much more.” Now, they are young women on a mission. They’re planning to participate in a survivors’ network organized by the Canadian Centre for Child Protection; the idea of helping others, they agree, is affirming. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** News, Restitution --- ### [D.C. Child Welfare Chief Drops Lawsuit](https://www.jamesmarshlaw.com/d-c-child-welfare-chief-drops-lawsuit/) **Published:** August 24, 2000 **Author:** Gwen Kahler **Content:** “It is an extraordinary remedy for a judge to order the head of any agency into court,” said James Marsh, president of The Children’s Law Center. “I think it was based on an act of desperation and the reality of the Brianna case.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** News --- ### [Utah Big Brothers Big Sisters sued for sex abuse by mentor](https://www.jamesmarshlaw.com/utah-big-brothers-big-sisters-sued-for-sex-abuse-by-mentor/) **Published:** March 8, 2017 **Author:** James R. Marsh **Content:** The Big Brothers Big Sisters of Utah organization has been sued by a man who says the group did not do enough to stop a former mentor from sexually abusing him when he was a boy over a period lasting nearly five years. The mentor, Antonio Cardenas, pleaded guilty to child sex abuse involving the same alleged victim in 2012 and is now serving a 35-year federal prison sentence. The lawsuit was filed Wednesday in Salt Lake City’s 3rd District Court. The group’s president and CEO, Nancy Winemiller Basinger, said in a statement Wednesday that the organization was saddened that a child was exploited by one of its former mentors. Basinger said the organization uses strict guidelines created with help from national experts to keep children safe — but the lawsuit alleged they were not followed during the years that Cardenas preyed on the boy. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Cases, News --- ### [Nesset sued by child pornography survivors](https://www.jamesmarshlaw.com/nesset-sued-by-child-pornography-survivors/) **Published:** January 26, 2017 **Author:** James R. Marsh **Content:** Eight plaintiffs filed a lawsuit against former Allegheny College Professor of English Kirk Nesset on Dec. 19, 2016. Although Nesset did not produce child pornography, the plaintiffs in the case are some of those who were in the files that Nesset was found guilty of sharing, receiving and possessing. Nesset was reported in an affidavit in support of the criminal complaint to have had 500,000 video and image files of child pornography on a shared drive. All of the plaintiffs and survivors involved in the case are filed under pseudonyms, and are jointly represented by Carol Hepburn, of Seattle, Washington, and Katie Shipp, of New York City. The suit has been filed in the United States District Court for the Western District of Pennsylvania in Erie, according to Shipp. Shipp said an intent to inflict emotional pain and an invasion of privacy were also included in the suit. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Cases, News --- ### [Former Pennsylvania professor sued by child pornography victims](https://www.jamesmarshlaw.com/former-pennsylvania-professor-sued-by-child-pornography-victims/) **Published:** December 28, 2016 **Author:** James R. Marsh **Content:** Eight women who appeared as children in illegal pornography have sued a former Pennsylvania college professor, saying they are owed damages because he owned and traded images of them being sexually abused. The women, who are given pseudonyms in the lawsuit, accuse Kirk Nesset, a former English and creative writing professor at Allegheny College in Meadville, of harming them by possessing and trading their pornographic images. “Victims of child pornography are constantly aware that their child sex abuse images will never disappear,” lawyers Carol Hepburn of Seattle and Katie Shipp of New York, who represent the women, wrote in the complaint filed last week in U.S. District Court in Erie. Victims “will be repeatedly victimized by individuals like the defendant who endlessly participate in the market for child sex abuse images,” they said. Nesset was on the Allegheny College faculty for two decades and was a renowned poet, critic, and writer of short stories. His collection “Paradise Road” won the 2007 Drue Heinz Literature Prize of the University of Pittsburgh. He resigned from the college after his arrest in 2014. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Cases, Child Pornography, News --- ### [Former professor, in prison over child porn, faces civil lawsuit from alleged victims](https://www.jamesmarshlaw.com/former-professor-in-prison-over-child-porn-faces-civil-lawsuit-from-alleged-victims/) **Published:** December 23, 2016 **Author:** James R. Marsh **Content:** PITTSBURGH — Three adults, acting on behalf of eight girls allegedly victimized in the production of child pornography, are suing federal prison inmate Kirk Nesset, a former professor at Allegheny College, alleging that he possessed pornography with the victims’ images. Jane Doe, Jane Roe and John Doe filed a complaint on Dec. 19 in the U.S. District Court for the Western District of Pennsylvania against Nesset, alleging harm by Nesset’s actions that led to a 76-month prison sentence. According to the complaint, the plaintiffs allege that the girls suffered damages and continue to suffer damages from the knowledge that the pornography they were forced into continues to be circulated and viewed. The plaintiffs holds Kirk Nesset responsible for invasion of privacy, intentional infliction of emotional distress and violation of federal law. The plaintiffs request a trial by jury and seek statutory damages of no less than $150,000, actual damages, compensatory damages, punitive damages, court costs and any further relief this court grants. They are represented by Katie M. Shipp of Marsh Law Firm PLLC in New York. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Cases, Child Pornography, News --- ### [Should race-based income projections be banned from the courts?](https://www.jamesmarshlaw.com/should-race-based-income-projections-be-banned-from-the-courts/) **Published:** October 27, 2016 **Author:** James R. Marsh **Content:** On Tuesday, The Post ran this interesting article about race-based income projections in tort cases. The article highlighted a recent federal case in which a Brooklyn jury had to determine how much to award a 4-year-old mentally disabled boy who had been harmed from living in an apartment illegally coated with lead paint. The landlord’s defense attorney disputed the lifetime income projections provided by the boy’s attorney because the boy was Hispanic and, accordingly, the attorney argued, statistically less likely to obtain an advanced education that would result in such large earnings. The landlord’s attorney explained that”the \[proportion\] of Hispanics attaining master’s degrees was in the neighborhood of \[only\] 7.37 percent.” Judge Jack Weinstein refused to allow this argument, however statistically sound it might appear to be. In a published opinion, he wrote that “\[r\]ace and ethnicity are not, and should not, be a determinant of individual achievement. To support such a proposition distorts the American dream, denigrating minorities’ chances of climbing the socio-economic ladder. Using these statistics to calculate future economic loss reinforces the rigid racial and ethnic barriers that our society strives to abolish.” Judge Weinstein concluded that relying on the child’s ethnicity to reduce damages would violate due process and equal protection principles. I agree with Judge Weinstein’s underlying point and thought it would be worth highlighting a similar opinion that I wrote a few years ago in two criminal cases involving restitution for two Native American victims. My opinion suggests that Judge Weinstein’s concern about disparate treatment may have broader application beyond tort cases. … Because income projections necessarily involve some degree of estimation — in both tort cases and criminal cases — judges have some discretion in determining what factors the jury will be allowed to consider. Even apart from constitutional requirements, judges have discretion to exclude evidence that is unduly prejudicial or a distraction from central issues. We aspire to have a race-blind and gender-blind justice system. Allowing economists to explicitly discount based on such factors unnecessarily introduces impermissible characteristics into tort calculations and sentencing decisions. The practice should be forbidden. *By Paul G. Cassell who teaches criminal law, criminal procedure, and crime victims’ rights at the S.J. Quinney College of Law at the University of Utah. He also served as a U.S. District Court Judge for the District of Utah from 2002 to 2007.* ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** News, Opinion --- ### [Child pornography victims sue former Macon banker for restitution](https://www.jamesmarshlaw.com/child-pornography-victims-sue-former-macon-banker-for-restitution/) **Published:** June 10, 2016 **Author:** James R. Marsh **Content:** Last week, three women filed a federal lawsuit against Anderson, 53, alleging their pictures were among the more than 300 images of child pornography that federal investigators determined Anderson had in his possession. Anderson, a former Colonial Bank employee, was arrested April 24, 2006. Identified by the pseudonyms “Amy,” “Vicky” and “Alice,” the women are seeking compensation. Amy and Vicky each are asking for $150,000 and other losses a judge deems appropriate. An amount for Alice’s compensation isn’t specified in the lawsuit. The suit, filed in U.S. District Court for the Middle District of Georgia, isn’t the first of it’s kind, but legal actions like it aren’t widespread either. Victims of child pornography often don’t know they can pursue damages, or they can’t be identified in photos to even know who has a copy, said Emma Hetherington, director of The University of Georgia School of Law’s Wilbanks Child Endangerment and Sexual Exploitation Clinic. Many victims still are minors, said James R. Marsh, a New York attorney who has represented Amy — who’s now in her mid 20s — in a number of lawsuits seeking restitution since 2008. “We’re really at the beginning of the beginning,” he said. “The victims are still so young and still so traumatized.” Marsh said child pornography is a crime that’s unlike an accident because “it’s an ongoing assault. It’s an ongoing trauma. It’s an ongoing sense of insecurity and embarrassment.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Cases, Child Pornography, News --- ### [James R. Marsh Chosen for International Children's Rights Conference](https://www.jamesmarshlaw.com/james-r-marsh-chosen-for-international-conference-on-childrens-rights/) **Published:** May 20, 2016 **Author:** James R. Marsh **Content:** [![ICMCR Conference](http://jamesmarshlaw.com/wp-content/uploads/2016/05/ICMCR-Conference.png "ICMCR Conference « Marsh Law Firm")](http://jamesmarshlaw.com/wp-content/uploads/2016/05/ICMCR-Conference.png) ### Children’s and Young People’s Rights in the Digital Age Concerns that children’s rights are being newly infringed rather than enhanced in the digital age are often raised by researchers, child rights’ advocates, and internet governance experts. Children’s needs and experiences in the digital age are often neglected in high-level debates about global internet provision and governance and children’s rights are treated as a minority interest and seen as demanding exceptional treatment from adult society. Further, current debates frequently emphasise the risks children potentially face online and underline their right to protection but much less debate focuses on children’s provision and participation rights and the opportunities children may encounter online. With over 40 papers from 22 countries worldwide, [the conference](http://iamcr.org/leicester2016/preconf/youth-digital-rights) will foster an international debate on key issues related to children’s and young people’s rights in the digital age, including: child and youth participation rights; online opportunities and risks; inequalities and digital exclusion; policy and multi-stakeholder governance; the role of peers and peer culture; participatory research; e-learning, health promotion and creativity in the digital environment; cross-generational dynamics of online engagement. James R. Marsh was chosen from hundreds of submissions to present the law review article he wrote with Professor Paul G. Cassell, [Full Restitution for Child Pornography Victims: The Supreme Court’s Paroline Decision and the Need for a Congressional Response](http://childvictims.us/full-restitution-for-child-pornography-victims-the-supreme-courts-paroline-decision-and-the-need-for-a-congressional-response/). \[pdf-embedder url=”http://jamesmarshlaw.com/wp-content/uploads/2016/05/ChildrensRightsInTheDigitalAge\_26-28July16\_flyer.pdf”\] ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Pornography, News, Paroline, Restitution --- ### [Teacher accused of sexually abusing students avoids jail](https://www.jamesmarshlaw.com/teacher-accused-of-sexually-abusing-students-avoids-jail/) **Published:** April 20, 2016 **Author:** James R. Marsh **Content:** Through tears, the mother blasted the lenient sentence. “I am angry, I gave it to God, but it does still hurt inside,” she said. “I can’t believe the things that he did to my daughter. Justice was not served. I want him to go to jail.” She said that her daughter, who was 11 years old at the time, “shut down” as a result of the sexual abuse that occurred multiple times. The victim’s mother also blames the school, claiming they tried to cover up the incident. “There is no way they didn’t know,” she said. The parents of at least one of the victims is suing Prowell and the Department of Education. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Cases, News --- ### [Two child porn victims sue ex-state legislator now in prison](https://www.jamesmarshlaw.com/two-child-porn-victims-sue-ex-state-legislator-now-in-prison/) **Published:** February 11, 2016 **Author:** James R. Marsh **Content:** Imprisoned former state Rep. Keith Farnham has been sued by two underage girls who contend the Elgin Democrat downloaded sexually graphic videos and images of them. The suit, which asks for damages of at least $150,000, was filed under a federal law enabling victims to recoup money from those who possess child pornography. The suit noted that while serving as a state representative, Farnham co-sponsored two bills to increase penalties for child pornography crimes. He also received “significant campaign contributions” from the child advocacy organization Stand for Children, according to the suit. “(Farnham) knew or had reason to know that the images he possessed were produced, distributed and trafficked in violation of state and federal child pornography laws, especially since he was a co–sponsor of similar laws in the Illinois General Assembly,” the lawsuit said. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Cases, Child Pornography, News --- ### [Ex-Rep. Keith Farnham sued by two child porn victims](https://www.jamesmarshlaw.com/ex-rep-keith-farnham-sued-by-two-child-porn-victims/) **Published:** February 11, 2016 **Author:** James R. Marsh **Content:** Former state Rep. Keith Farnham has been sued while he languishes in prison by two minors who claim they appear in child pornography found on the Elgin Democrat’s computer. The minors sued Farnham this week under the pseudonyms “Erin” and “Fiona,” claiming they were “repeatedly raped and sexually assaulted in order to produce child pornography.” They said Farnham used an Illinois House of Representatives computer to download, store and trade some of those images. “Unlike victims of a time-limited trauma, victims of child pornography are continuously aware that their child sex abuse images will never disappear,” the victims’ attorneys wrote in the complaint. “Fiona and Erin have been and will be repeatedly victimized by individuals like the defendant who endlessly participate in the market for child sex abuse images.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Cases, Child Pornography, News --- ### [Children sue former state Rep. Farnham over child pornography videos](https://www.jamesmarshlaw.com/children-sue-former-state-rep-farnham-over-child-pornography-videos/) **Published:** February 11, 2016 **Author:** James R. Marsh **Content:** Two children have sued former state Rep. Keith Farnham for more than $150,000 in damages, saying they appeared in pornographic videos he was sent to prison for downloading. The lawsuit uses the pseudonyms Erin and Fiona, who argue the acts that were recorded caused them “long — lasting and permanent harm. Unlike victims of a time — limited trauma, victims of child pornography are continuously aware that their child sex abuse images will never disappear,” the lawsuit reads. Farnham, an Elgin Democrat, started serving a prison term last year. His imprisonment finished a case that started with a federal raid of his home and state office in Elgin, where investigators found data that showed he had been trading child pornography on a state computer. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Cases, Child Pornography, News --- ### [FBI ran website sharing thousands of child porn images](https://www.jamesmarshlaw.com/fbi-ran-website-sharing-thousands-of-child-porn-images/) **Published:** January 21, 2016 **Author:** James R. Marsh **Content:** WASHINGTON — For nearly two weeks last year, the FBI operated what it described as one of the Internet’s largest child pornography websites, allowing users to download thousands of illicit images and videos from a government site in the Washington suburbs. The operation — whose details remain largely secret — was at least the third time in recent years that FBI agents took control of a child pornography site but left it online in an attempt to catch users who officials said would otherwise remain hidden behind an encrypted and anonymous computer network. In each case, the FBI infected the sites with software that punctured that security, allowing agents to identify hundreds of users. … Lawyers for child pornography victims expressed surprise that the FBI would agree to such tactics—in part because agents had rejected them in the past—but nonetheless said they approved. “These are places where people know exactly what they’re getting when they arrive,” said James Marsh, who represents some of the children depicted in some of the most widely-circulated images. “It’s not like they’re blasting it out to the world.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Pornography, News --- ### [Debate brews over role of anonymous Title IX-related complaints in course evaluations](https://www.jamesmarshlaw.com/debate-brews-over-role-of-anonymous-title-ix-related-complaints-in-course-evaluations/) **Published:** January 20, 2016 **Author:** James R. Marsh **Content:** Though the University effectively rejected a proposal created by the University Senate’s Faculty Affairs Committee to prohibit internal investigations into anonymous Title IX-related complaints made in course evaluations, fears surrounding the issue persist. The proposal asks that the University disregard anonymous complaints made on course evaluations and campus publications’ comment sections that could compel a Title IX investigation against faculty members. In response to an inquiry made by Spectator, the University released a statement saying they were obliged to respond to any information reporting a hostile environment, as described by Title IX, regardless of whether the source was anonymous. “When our Title IX Coordinator, the Office of Equal Opportunity and Affirmative Action, or other so-called ‘non-confidential’ resources at Columbia learn of the possibility of a hostile classroom environment, our legal obligations and the safety of our community dictate a response…The fact such information is conveyed by an anonymous source does not preclude the need for this evaluation,” the statement said. … Regardless of whether or not a school is legally able to make a policy disallowing any anonymous complaints from compelling a Title IX investigation, doing so could leave them more liable to a lawsuit should it be found that one of those complaints detailed a truly unsafe experience of which the school had knowledge, but did not investigate. According to Katie Shipp, a Title IX expert and associate at Marsh Law Firm PLLC, as public scrutiny of universities’ compliance with Title IX is increasing, schools are focusing on doing their best to protect themselves. “I think schools are being really careful right now… A lot of people are looking at them and looking at what they’re doing,” Shipp said. “I think they’re going to be more cautious, and the regulations are pretty clear that if they’re put on notice of sexual violence or discrimination or harassment or retaliation, then they have to investigate.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Campus Sexual Assault, News, Title IX --- ### [School failed to tell parents about teacher who abused students: suit](https://www.jamesmarshlaw.com/school-failed-to-tell-parents-about-teacher-who-abused-students-suit/) **Published:** October 22, 2015 **Author:** James R. Marsh **Content:** The parents of a 14-year-old girl are suing the Department of Education, saying administrators failed to tell them her teacher was a sexual predator — even as their daughter, who later revealed she was also a victim, was struggling in school because of the abuse. … Administrators reacted coldly, still not revealing Prowell had allegedly abused five other students, nor offering the family counseling, according to their Manhattan Supreme Court suit. It was only when the parents went to the police and the Manhattan district attorney that they learned Prowell, 29, had been accused of preying on a total of six victims including their daughter. He pleaded guilty to multiple counts of sexual assault in the spring and his sentencing is scheduled for December. He is expected to get off without any jail time, although he will be have to register as a sex offender, the DA’s office told Abby’s family. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Cases, News --- ### [Background and commentary on Danielle van Dam murder case](https://www.jamesmarshlaw.com/background-and-commentary-on-danielle-van-dam-murder-case/) **Published:** June 13, 2002 **Author:** James R. Marsh **Content:** ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** News, Television --- ### [Commentary on child killer Marie Noe](https://www.jamesmarshlaw.com/commentary-on-child-killer-marie-noe/) **Published:** July 21, 1999 **Author:** James R. Marsh **Content:** ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** News, Television --- ### [Background and commentary on the threat of 100 foster parents of District of Columbia children to return them because the District's child welfare system was several months and millions of dollars behind in payments to day-care providers](https://www.jamesmarshlaw.com/background-and-commentary-on-the-threat-of-100-foster-parents-of-district-of-columbia-children-to-return-them-because-the-districts-child-welfare-system-was-several-months-and-millions-of-dollars-be/) **Published:** October 14, 1999 **Author:** James R. Marsh **Content:** ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** News, Television --- ### [Background and commentary on the state of the nation's foster care system](https://www.jamesmarshlaw.com/background-and-commentary-on-the-state-of-the-nations-foster-care-system/) **Published:** October 19, 1999 **Author:** James R. Marsh **Content:** ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** News, Television --- ### [Background and commentary on Masha Allen](https://www.jamesmarshlaw.com/background-and-commentary-on-masha-allen/) **Published:** January 18, 2006 **Author:** James R. Marsh **Content:** Also joining us, James Marsh. This is Masha`s attorney. James… JAMES MARSH, MASHA`S ATTORNEY: Hi, Nancy. GRACE: Hi, friend. What are we going to do about this adoption agency that helped facilitate Masha coming from Russia, straight into the hands of an American pedophile? MARSH: Well, I guess, unfortunately, or fortunately for Masha, we have a lot of potential defendants in this case, because it wasn`t just one adoption agency that helped facilitate this. There were many cooperating agencies involved. This was the agency that did the home study. There`s the agency that… GRACE: Or the lack thereof. MARSH: Or the lack thereof, what I called the promotional piece for Mr. Mancuso. GRACE: Any idiot could see there was one bedroom and one father and no mom. MARSH: Well, I think what we`ve seen in this case is that — you know, we talked to law enforcement. And what really led to Masha`s rescue was a gut feeling that something was wrong here. And what we didn`t have in the adoption context was any gut feeling… (CROSSTALK) GRACE: Are you suing? Are you suing? MARSH: We are suing, absolutely. GRACE: Who are you suing? MARSH: We are suing the agency that did the home study. And we`re still trying to sort out which agency was responsible for the placement. We have two names. They`re pointing the fingers at each other. GRACE: That`s right. MARSH: And we`re going to get to the bottom of this for Masha. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Pornography, News, Television --- ### [Commentary on the Congressional Hearing relating to Masha Allen's adoption](https://www.jamesmarshlaw.com/commentary-on-the-congressional-hearing-relating-to-masha-allens-adoption/) **Published:** September 27, 2006 **Author:** James R. Marsh **Content:** ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Pornography, News, Television --- ### [Child porn suspects pay restitution to victims](https://www.jamesmarshlaw.com/child-porn-suspects-pay-restitution-to-victims/) **Published:** February 10, 2010 **Author:** James R. Marsh **Content:** James Marsh is an attorney who represents “Amy,” a woman who was sexually assaulted by her uncle starting when she was four years old. Marsh says “Amy,” pictured in the infamous “Misty Series” of child porn images, is victimized every time images of her are downloaded into a computer. Marsh says “Amy” has received more than 800 notifications from federal prosecutors that her images have been found on computers seized in child porn investigations. In some of those cases, Marsh has sued for restitution, and “Amy” is getting paid. Marsh says money may never heal his client, but the money will help cover the costs of therapy for the woman, who is so traumatized to this day she cannot go to school or hold a job. In a victim’s statement filed in federal court, another victim, from another series of photos, called the “Vicky Series,” says some of the viewers of her images have tried to contact her over the years. The woman adds that she is fearful that someday, a man on the street might recognize her from the computer images. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Pornography, Restitution, Television, Video --- ### [Restitution for Victims of Child Porn](https://www.jamesmarshlaw.com/restitution-for-victims-of-child-porn/) **Published:** February 23, 2010 **Author:** James R. Marsh **Content:** Federal judges are now being asked to consider whether someone convicted of possessing child porn should pay restitution to the children in those images. “Amy,” as she’s known in court papers, is now 20; but when she was 8 or 9 her uncle took pictures of her that are among the most circulated child porn images. She’s using the Crime Victims Rights Act of 2004 to win millions of dollars in court-ordered damages from people who use those abusive images of her. We speak with Amy’s attorney, James Marsh, and Jonathan Shapiro, who is defending a man who has been ordered to pay restitution to her. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Pornography, Radio, Restitution --- ### [Challenges lie ahead in child pornography lawsuits](https://www.jamesmarshlaw.com/challenges-lie-ahead-in-child-pornography-lawsuits/) **Published:** May 27, 2010 **Author:** James R. Marsh **Content:** New York attorney James Marsh pushed for a law Congress passed in 2006 that increased penalties for child pornography criminals and made it easier for victims to sue. Anderson filed the lawsuit under Masha’s Law, named after one of Marsh’s clients — a girl adopted from Russia by a man in the U.S. who turned out to be a pedophile. But Marsh himself has only used civil litigation on a limited basis, choosing instead to put pressure on federal prosecutors to seek restitution for victims in criminal cases. Marsh said there are two main reasons lawsuits in child porn cases can be difficult. First, attorneys must file separate lawsuits if they want to go after all the people accused of distributing or viewing the image. Those suits need to be filed wherever the accused live, and when the Internet is involved, that could be anywhere. Second, if the lawsuit is being filed on behalf of a minor, special court procedures are needed to establish a guardian for the child. Doing that in hundreds of cases in multiple states can be costly and time-consuming. Marsh said just filing lawsuits against the 1,000 people who victimized one of his clients would have cost an estimated $450,000, not to mention other costs such as seeking permission to lawyer in another state or hiring other attorneys to help out. Marsh was able to settle the case instead. “We don’t have the structure in place in the federal courts to deal with this kind of issue and this kind of victimization,” he said. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Pornography, Radio, Restitution --- ### [In re Amy Unknown: Restitution from Downloaders of Child Porn?](https://www.jamesmarshlaw.com/in-re-amy-unknown-restitution-from-downloaders-of-child-porn/) **Published:** February 5, 2013 **Author:** James R. Marsh **Content:** Guest James Marsh is a New York attorney doing ground-breaking work to obtain restitution for victims of child porn from downloaders. The Fifth Circuit recently held in favor of two victims, while other jurisdictions have refused to extend restitution to downloaders. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Pornography, News, Paroline, Radio, Restitution --- ### [Should Shattuck-St. Mary's have old police about accused teacher's child pornography in 2003?](https://www.jamesmarshlaw.com/should-shattuck-st-marys-have-old-police-about-accused-teachers-child-pornography-in-2003/) **Published:** June 10, 2013 **Author:** James R. Marsh **Content:** James Marsh, an attorney in New York who represents victims of child pornography in federal court said the school should have reported the images. “Tucking it away for 10 years … prevented law enforcement from investigating crimes that may have taken place by Mr. Seibel no matter where he was in the last 20, 30 years.” In Marsh’s view, ”The only defense to the possession of child pornography is that you immediately turn it over to the police. There’s no exception for a school.” Unlike allegations of an event or second-hand rumor, child pornography is direct evidence of child sexual abuse. Marsh compared it to finding cocaine at work and deciding with a friend to keep it in a safe. ”When the police break down your door and find the kilo of cocaine in your safe,” Marsh said, ”(saying) ‘we didn’t think we had to report it, it’s just sitting in the safe,’ that’s not going to save us from a significant prison term.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Pornography, Radio --- ### [Child porn victims seek multimillion-dollar payouts](https://www.jamesmarshlaw.com/child-porn-victims-seek-multimillion-dollar-payouts-2/) **Published:** November 2, 2010 **Author:** James R. Marsh **Content:** New York attorney James Marsh, who represents Amy, hired a psychologist and economist to evaluate her and calculate the damage that has stemmed from her abuse and the continuing distribution of the images documenting it. Accounting for lost wages, counseling and lawyer fees, they settled on a price of $3.37m. The claims demand that each person convicted of possessing even one of the images pay her damages until the threshold $3.37m is reached under a legal doctrine known as joint and several liability. Under the theory, Amy will stop collecting once the figure is reached. Any defendant who was forced to pay more than another is free to sue the other for compensation. “Each and every redistribution of the images causes a distinct injury to the victim,” Marsh told The Register. “It’s a very deliberate act that they choose when they go seek images of my client out.” … Marsh and other child victim advocates argue that the requirement to prove the convicted person proximately caused the damages, applies only to this last catchall item. The other losses need only be established by a preponderance of the evidence, which is almost always satisfied by a conviction that includes one or more images of the victim. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Pornography, News, Restitution --- ### [Jared Fogle's Victims To Benefit From Groundbreaking Plea Deal](https://www.jamesmarshlaw.com/jared-fogles-victims-to-benefit-from-groundbreaking-plea-deal/) **Published:** August 19, 2015 **Author:** James R. Marsh **Content:** **Shortchanged victims not uncommon** Fogle’s estimated net worth of $15 million means his victims are likely to receive the full amount of restitution ordered. According to attorney and former U.S. federal judge Paul Cassell, that’s not often the case for victims of sex crimes. Cassell told HuffPost not only do many abusers lack the wealth to make the restitution payment, victims are only eligible for it if they can enumerate specific loses — like property, income or employment — as a result of the abuse. “The current laws in this country do not currently cover emotional distress — \[victims\] would have to file a civil claim,” Cassell said. A victim incurring $100,000 in counseling costs as a result of their trauma could, for instance, present that as an enumerated loss. “Frankly, I think it’s one of the flaws in our restitution structure,” Cassell said. “A victim of child sex assault has suffered an immense trauma, but the current laws take a different approach and only covers what’s considered ‘out of pocket expenses.'” Restitution payments — or in some cases, damages from separate civil claim against the abuser — are used at the victim’s discretion and are not taxed. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Child Pornography, News, Restitution --- ### [Paroline v. United States](https://www.jamesmarshlaw.com/paroline-v-united-states-3/) **Published:** April 23, 2014 **Author:** James R. Marsh **Content:** The Fifth Circuit erred in holding that defendant, who pled guilty to possessing child pornography, two of which depicted images of the victim here, was liable for said victim’s entire losses from the trade in her images, where: 1) restitution is proper under 18 U.S.C. 2259 only to the extent the defendant’s offense proximately caused a victim’s losses; 2) victims should be compensated and defendants should be held to account for the impact of their conduct on those victims, but defendants should only be made liable for the consequences and gravity of their own conduct, not the conduct of others; and 3) a court should order restitution in an amount that comports with the defendant’s relative role in the causal process underlying the victim’s general losses. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Cases, Paroline, United States Supreme Court --- ### [SCOTUS limits the amount of money child porn victims can get from people who possess it](https://www.jamesmarshlaw.com/scotus-limits-the-amount-of-money-child-porn-victims-can-get-from-people-who-possess-it/) **Published:** April 23, 2014 **Author:** Gwen Kahler **Content:** This Wednesday morning, SCOTUS voted to put a limit on the amount of restitution that people who consume child pornography pay the victims of child pornography. Surprisingly, the court was mostly not divided between “putting a limit on restitution” and “not putting a limit on restitution”–but between limits and no restitution at all. Voting in favor of no restitution at all, naturally, were Roberts, Scalia and Thomas. Once again, the only Justice with a brain in her head, Justice Sotomayor, wrote a dissent of her own saying that there should be no limit, period and that victims should be entitled to the full amount. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Opinion, Paroline, Restitution --- ### [Paroline v. United States](https://www.jamesmarshlaw.com/paroline-v-united-states-2/) **Published:** June 26, 2015 **Author:** Gwen Kahler **Content:** This case presents the Supreme Court with an opportunity to settle a circuit split over the interpretation of § 2259, a federal statute that addresses restitution for child-abuse victims. Paroline argues that § 2259 requires that a victim’s damages be proximately caused by the defendant’s conduct because any other result would turn restitution proceedings into procedural nightmares. Amy argues that § 2259 does not require proximate causation for a victim to be entitled to full damages; otherwise, the victims of child abuse would bear the burden of collecting tiny shares of restitution that might prevent full recovery. The Supreme Court’s decision will have major implications for those found guilty of possessing child pornography and may force such individuals to seek contribution payments from other convicted offenders in the absence of proximate cause. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, Paroline, Restitution --- ### [Paroline, Haugen, Maharaj - Catching Up on the News](https://www.jamesmarshlaw.com/paroline-haugen-maharaj-catching-up-on-the-news/) **Published:** January 23, 2014 **Author:** Gwen Kahler **Content:** But should he really be stuck with the whole bill since he didn’t cause the whole harm? Maybe he should only have to pay restitution for the portion of the 3.4 million harm caused by his looking at those two pictures. And how do you calculate that? That’s what the Court will try to work out in his case. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Paroline, Restitution --- ### [Law in Plain English: Paroline v. United States](https://www.jamesmarshlaw.com/law-in-plain-english-paroline-v-united-states/) **Published:** April 23, 2014 **Author:** Gwen Kahler **Content:** In a 5-4 decision, the Supreme Court ruled that restitution is proper under the statute only to the extent that the defendant’s offense proximately caused a victim’s losses. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Paroline, Restitution --- ### [Paroline, Restitution, and Transferred Scienter: Child Pornography Possessors and Restitution Based on a Commerce-Clause Derived, Aggregate Proximate Cause Theory](https://www.jamesmarshlaw.com/paroline-restitution-and-transferred-scienter-child-pornography-possessors-and-restitution-based-on-a-commerce-clause-derived-aggregate-proximate-cause-theory/) **Published:** January 1, 2014 **Author:** Gwen Kahler **Content:** This Article poses a more logical and legal construct, derived from Commerce Clause analysis, that although each individual possessor of child pornography appears to contribute almost imperceptibly to the victim’s harm, the aggregate effect of possession is sufficient to satisfy the causal nexus required for restitution. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Paroline, Restitution --- ### [Houston Lawyer Notches Third SCOTUS Win, This Time in Child-Porn Restitution Case Read more: http://www.texaslawyer.com/id=1202652494201/Houston-Lawyer-Notches-Third-SCOTUS-Win-This-Time-in-ChildPorn-Restitution-Case#ixzz3eBKx59d9](https://www.jamesmarshlaw.com/houston-lawyer-notches-third-scotus-win-this-time-in-child-porn-restitution-case-read-more-httpwww-texaslawyer-comid1202652494201houston-lawyer-notches-third-scotus-win-this-time-in-childporn/) **Published:** April 24, 2014 **Author:** Gwen Kahler **Content:** What’s most important about the high court’s decision in Paroline is that when courts assess mandatory restitution on defendants, “you have to look at the defendant’s conduct and see if the award is proportional to the defendant’s conduct or it could violate the Eighth Amendment,” said veteran Houston criminal defense attorney Stan Schneider, who represented Doyle R. Paroline. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Paroline, Restitution --- ### [US Supreme Court limits restitution payments to child pornography victims](https://www.jamesmarshlaw.com/us-supreme-court-limits-restitution-payments-to-child-pornography-victims/) **Published:** April 23, 2014 **Author:** Gwen Kahler **Content:** In a 5-to-4 decision, the high court said federal law does not require a defendant guilty of possessing child pornography to pay the entire amount of a multimillion-dollar restitution award owed to a child victim whose abuse is depicted in images widely distributed on the Internet. Instead, the court said that a person convicted of downloading and possessing photos of child pornography can be required to pay restitution only in proportion to the defendant’s contribution to injuries suffered by the child victim. Writing for the majority, Justice Anthony Kennedy said the federal statute permits judges to apportion the restitution payment based on an assessment of the proportion of harm caused by each possessor of the images. The justice acknowledged the difficulty of the undertaking. “This cannot be a precise mathematical inquiry and involves the use of discretion and sound judgment,” he said in a decision joined by Justices Ruth Bader Ginsburg, Stephen Breyer, Samuel Alito, and Elena Kagan. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Paroline, Restitution --- ### [Child porn restitution bill passes Senate, sets minimum damages for victims](https://www.jamesmarshlaw.com/child-porn-restitution-bill-passes-senate-sets-minimum-damages-for-victims/) **Published:** February 11, 2015 **Author:** Gwen Kahler **Content:** A bill named for two women whose childhood images were turned into heinous pornography was handily passed in the Senate on Wednesday. The Amy and Vicky Child Pornography Victim Restitution Improvement Act was approved by a 98-0 vote. The measure gives hope to victims that they will finally be able to win major compensation from any single person who illegally viewed, made or distributed their images. Victims of child pornography and other sexual exploitation “ought to have access to full restitution from any single perpetrator for their losses,” said Senate Judiciary Committee Chairman Chuck Grassley, Iowa Republican. The bill establishes a minimum amount for damages for certain child pornography offenses and makes any single perpetrator responsible for the full damages created by a crime that involves multiple perpetrators, Mr. Grassley’s office said. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Paroline, Restitution --- ### [Senate passes bill to help child porn victims recover damages](https://www.jamesmarshlaw.com/senate-passes-bill-to-help-child-porn-victims-recover-damages/) **Published:** February 11, 2015 **Author:** Gwen Kahler **Content:** The bill is in response to a 2014 Supreme Court case that essentially ruled in favor of a man convicted for viewing child pornography. The court decided that even though the man had clearly harmed the victim, he was only a small part of the overall harm suffered and couldn’t be responsible for paying the victim’s full damages. That decision put the burden on victims to seek out each individual offender in order to receive full damages for their harm. Hatch’s bill would ensure that courts take a holistic view of a victim’s losses, including medical services, therapy, rehabilitation, transportation, child care and lost income. If only one individual harmed the victim, he or she is responsible for full damages. But if more than one are involved in the crime, the defendant is either responsible for that entire amount or certain minimums depending on the severity. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Paroline, Restitution --- ### [Justices Limit Restitution for Child Pornography Victims](https://www.jamesmarshlaw.com/justices-limit-restitution-for-child-pornography-victims/) **Published:** April 23, 2014 **Author:** Gwen Kahler **Content:** Reacting to the decision, Amy’s high court counsel, Paul Cassell of the University of Utah S.J. Quinney College of Law, said, “The majority of the court says Amy will be compensated fully some day. Our concern is that some day may be too far in the future to ever really as a practical matter occur.” Cassell said he, Amy and her supporters would urge Congress to amend the statute to ensure that victims get restitution quickly. “We’re still evaluating options here,” he said. “Justice Sotomayor has a very straightforward and simple way to fix the statute and that certainly would be one quick way to fix the problem.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Paroline, Restitution --- ### [U.S. Supreme Court Clarifies Standards for Restitution Orders](https://www.jamesmarshlaw.com/u-s-supreme-court-clarifies-standards-for-restitution-orders/) **Published:** October 2, 2014 **Author:** Gwen Kahler **Content:** The court in Paroline crafted a new causation standard for awards of restitution following federal criminal convictions. As Chief Justice John Roberts Jr. noted in his dissent, the restitution statute at issue in this case is not limited to child-pornography cases. The court’s decision may thus affect a wide range of criminal cases, from fraud to conspiracy to civil rights. … Roberts’ dissent provides the key to this decision’s potential widespread application. The court’s decision seemed to speak more broadly than simply the child-pornography context, and its reasoning would seem to apply to federal crimes of violence, federal crimes against property, offenses relating to tampering with consumer products, domestic violence, telemarketing fraud and human trafficking, among others. Consequently, sentencing judges in those cases will surely be asked to impose restitution obligations based upon “the defendant’s relative role in the causal process that underlies the victim’s general losses,” even if the loss sustained as a result of the defendant’s particular crime is unknowable. The government can be expected to argue that Paroline eliminates factual causation as a prerequisite for imposing restitution on criminal defendants, so long as a defendant is “part of the overall phenomenon” that causes losses to a victim. That would be a dramatic expansion of restitution liability for criminal defendants – one that might not survive in a factual context as emotionally charged as child pornography. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Paroline, Restitution --- ### [Child Porn Restitution Cases Vacated; New Vague Standard Awaits](https://www.jamesmarshlaw.com/child-porn-restitution-cases-vacated-new-vague-standard-awaits/) **Published:** June 11, 2014 **Author:** Gwen Kahler **Content:** Yesterday, the Fifth Circuit made it official: The two child-porn restitution orders for Michael Wright and Doyle Paroline, which made it to the U.S. Supreme Court, are now vacated and remanded to the district court. And while the two orders were brief and uneventful, it seems likely that these cases will return at some point. After all, not only are there causation issues and ever more defendants (the images are still widely traded online by pedophiles), but the Supreme Court barely helped the issue by vaguely ordering the lower courts to order “restitution in an amount that comports with the defendant’s relative role in the causal process that underlies the victim’s general losses.” Relative role. In an ever-increasing pool of hundreds, if not thousands of defendants. Expect a lot more litigation. Don’t be shocked to see either of the defendants, or the victims’ lawyers, appeal whatever the district court comes up with. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Paroline, Restitution --- ### [Should I be hopeful Amy can now recover more restitution after major child porn bust in NYC?](https://www.jamesmarshlaw.com/should-i-be-hopeful-amy-can-now-recover-more-restitution-after-major-child-porn-bust-in-nyc/) **Published:** May 21, 2014 **Author:** Gwen Kahler **Content:** “Just how many prominent, successful men are child porn fiends?”. As the title of this post suggests, following the Supreme Court’s messy “split-the-difference” approach to child porn restitution in its recent Paroline ruling…I am hoping a silver lining to this dark cloud might be that CP crimes committed too often by persons “well-educated and successful in private and professional lives” might now mean more restitution getting paid to the unfortunate victims of these crimes. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Paroline, Restitution --- ### [In Response to Recent Suprme Court Decision, Senators Hatch and Schumer to Introduce Bill to Strengthen Law For Child Pornography Victims](https://www.jamesmarshlaw.com/in-response-to-recent-suprme-court-decision-senators-hatch-and-schumer-to-introduce-bill-to-strengthen-law-for-child-pornography-victims/) **Published:** May 8, 2014 **Author:** Gwen Kahler **Content:** “In the Paroline decision, the Supreme Court made it clear that the ball was in Congress’ court in order to give child pornography victims the tools necessary to seek restitution from those responsible for perpetuating this heinous crime. The Amy and Vicky Act is that solution.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Paroline, Restitution --- ### [Bipartisan statutory fix after SCOTUS Paroline mess for child porn restitution intoduced in Congress](https://www.jamesmarshlaw.com/bipartisan-statutory-fix-after-scotus-paroline-mess-for-child-porn-restitution-intoduced-in-congress/) **Published:** May 8, 2014 **Author:** Gwen Kahler **Content:** The measure would rewrite a section of the Violence Against Women Act and make it easier for victims of child pornography to be granted “full restitution” from felons who have made, distributed or viewed images of their sexual abuse online. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Paroline, Restitution --- ### [In Response to Recent Supreme Court Decision, Senators Hatch and Schumer to Introduce Bill to Strengthen the Law for Child Pornography Victims](https://www.jamesmarshlaw.com/in-response-to-recent-supreme-court-decision-senators-hatch-and-schumer-to-introduce-bill-to-strengthen-the-law-for-child-pornography-victims/) **Published:** May 7, 2014 **Author:** Gwen Kahler **Content:** “Victims of child pornography suffer a unique kind of harm and deserve a unique restitution process, and the Amy and Vicky Act is that solution,” Hatch said. “In the Paroline decision, the Supreme Court made it clear that the ball was in Congress” court in order to give child pornography victims the tools necessary to seek restitution from those responsible for perpetuating this heinous crime.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Paroline, Restitution --- ### [Bill would address Supreme Court ruling on porn victims](https://www.jamesmarshlaw.com/bill-would-address-suprme-court-ruling-on-porn-victims/) **Published:** May 7, 2014 **Author:** Gwen Kahler **Content:** James Marsh, a longtime advocate for restitution for child-pornography victims, said the 5-4 April Paroline ruling forces “victims to forever chase defendants and recover next to nothing.” The new bill, however, “creates a practical process” that ensures timely restitution for victims and “puts the burden on defendants, where it belongs,” he wrote on the Marsh Law Firm’s ChildLaw blog ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Paroline, Restitution --- ### [Congress needs to act to allow victims of child sex abuse to recover restitution](https://www.jamesmarshlaw.com/congress-needs-to-act-to-allow-victims-of-child-sex-abuse-to-recover-restitution-3/) **Published:** May 6, 2014 **Author:** Gwen Kahler **Content:** The Supreme Court did not dispute her suffering nor her right to receive restitution from viewers who take pleasure in her abuse and create the sordid market demand for child pornography. But the court set aside the $3.4 million awarded her. Now Congress needs to fix the law. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Paroline, Restitution --- ### [No Breaks for Child-Porn Criminals](https://www.jamesmarshlaw.com/no-breaks-for-child-porn-criminals/) **Published:** May 1, 2014 **Author:** Gwen Kahler **Content:** Amy suffered a breakdown and fell into a deep depression. It is estimated that thousands of individuals around the world are now in possession of photographs of Amy’s abuse. As she testified in court, every day “it’s like I am being abused over and over again.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Paroline, Restitution --- ### [Pittsburgh Post-Gazette Highlights Toomey Effort to Provide Justice for Victims of Child Pornography](https://www.jamesmarshlaw.com/pittsburgh-post-gazette-highlights-toomey-effort-to-provide-justice-for-victims-of-child-pornography/) **Published:** April 29, 2014 **Author:** Gwen Kahler **Content:** The introduction of the “Justice for Amy Act” follows a recent Supreme Court decision which limited the remedies available to victims of child pornography under federal law. The case concerned Pennsylvania resident “Amy,” whose childhood was shattered when, at age 9, she was raped and then had those images traded over the Internet. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Paroline, Restitution --- ### [Will Congress fix (quickly? ever? wisely?) the "puzzle of paying Amy" after Paroline?](https://www.jamesmarshlaw.com/will-congress-fix-quickly-ever-wisely-the-puzzle-of-paying-amy-after-paroline/) **Published:** April 26, 2014 **Author:** Gwen Kahler **Content:** Because Paul and other “crime victims” groups can be very effective advocates, I certainly believe it may be possible that Congress will respond in some way after Paroline. But if (when?) the Justice Department is disinclined to join the call for statutory reform, I would predict that the post-Paroline status quo is could stay in place for some time. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Paroline, Restitution --- ### [Congress should listen to child sex-abuse victims](https://www.jamesmarshlaw.com/congress-should-listen-to-child-sex-abuse-victims/) **Published:** April 26, 2014 **Author:** Gwen Kahler **Content:** What is news is that Paroline v. U.S. was the first time in the Court’s history that a crime victim was allowed to be represented by her own counsel. Giving child victims a voice in matters that affect them is a universally recognized right. The question now is, “Will Congress listen?” ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Paroline, Restitution --- ### [The Puzzle of Paying Amy](https://www.jamesmarshlaw.com/the-puzzle-of-paying-amy/) **Published:** April 25, 2014 **Author:** Gwen Kahler **Content:** The conservatives got the law right, Sotomayor got the morality right, and Kennedy – characteristically trying to have it both ways – created a muddle. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Paroline, Restitution --- ### [Dissenting Opinions And Strange Bedfellows](https://www.jamesmarshlaw.com/dissenting-opinions-and-strange-bedfellows/) **Published:** April 24, 2014 **Author:** Gwen Kahler **Content:** While none of the other justices joined her opinion, Sotomayor would have affirmed the Fifth Circuit’s en banc majority, granting the victim Amy full restitution. That majority included some conservative stalwarts (such as my former boss, Edith Jones) who aren’t often on the same side of divisive issues as the Wise Latina. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Paroline, Restitution --- ### [A legislative fix for Paroline?](https://www.jamesmarshlaw.com/a-legislative-fix-for-paroline/) **Published:** April 24, 2014 **Author:** Gwen Kahler **Content:** Unless Congress is satisfied with the vague standard of the majority, it could look good for all of Congress to get tougher than the Court was willing to be on child pornographers – particularly when the Court’s ruling means that many victims are undercompensated. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Paroline, Restitution --- ### [Victim Of Child Porn Gave A Devestating Response To Huge Supreme Court Defeat In Her Case](https://www.jamesmarshlaw.com/victim-of-child-porn-gave-a-devestating-response-to-huge-supreme-court-defeat-in-her-case/) **Published:** April 23, 2014 **Author:** Gwen Kahler **Content:** Doyle Randall Paroline had to pay the full amount of the damages owed to her under a theory known as joint and several liability. Under the Supreme Court’s decision, courts will have to determine how much money each defendant owes a child porn victim, which could be particularly onerous for victims like Amy. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Paroline, Restitution --- ### [Supreme Court limits restitution in child pornography case](https://www.jamesmarshlaw.com/supreme-court-limits-restitution-in-child-pornography-case-2/) **Published:** April 23, 2014 **Author:** Gwen Kahler **Content:** Amy’s case is one of several in which victims are seeking restitution from people who obtained pictures of sexual abuse online, but it is the only one to reach the high court following a lower court’s decision that restitution of the full amount was required. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Paroline, Restitution --- ### [The Supreme Court promises child pornography victims full restitution "someday." How long is that?](https://www.jamesmarshlaw.com/the-supreme-court-promises-child-pornography-victims-full-restitution-someday-how-long-is-that/) **Published:** April 23, 2014 **Author:** Gwen Kahler **Content:** Since January 2006, Amy has received more than 1,800 notices that her images have been found in criminal cases. Moreover, as of 2009, the National Center for Missing and Exploited Children (NCMEC) had found Amy’s images in 3,200 American federal and state criminal cases – a number that apparently doubled in just the last four years, according to NCMEC’s amicus brief. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Paroline, Restitution --- ### [Justices Limit Resitution For Child Pornography Victims](https://www.jamesmarshlaw.com/justices-limit-resitution-for-child-pornography-victims/) **Published:** April 23, 2014 **Author:** Gwen Kahler **Content:** The lineup of justices in the case was unusual, with Kennedy joined by justices Ruth Bader Ginsburg, Stephen Breyer, Samuel Alito Jr. and Elena Kagan. Chief Justice John Roberts Jr. dissented seperately. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Paroline, Restitution --- ### [Supreme Court limits restitution in child pornography case](https://www.jamesmarshlaw.com/supreme-court-limits-restitution-in-child-pornography-case/) **Published:** April 23, 2014 **Author:** Gwen Kahler **Content:** Amy’s case is one of several in which victims are seeking restitution from people who obtained pictures of sexual abuse online, but it is the only one to reach the high court following a lower court’s decision that restitution of the full amount was required. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Paroline, Restitution --- ### [Mixed Supreme Court ruling on damages for child porn victims](https://www.jamesmarshlaw.com/mixed-supreme-court-ruling-on-damages-for-child-porn-victims/) **Published:** April 23, 2014 **Author:** Gwen Kahler **Content:** “As a practical matter, it may be impossible for Amy to collect the full amount if the court is ruling out big awards,” said University of Utah law professor Paul Cassell, who represented Amy. “This will mean hand-to-hand combat in lots of criminal courts. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Paroline, Restitution --- ### [Divided court strikes down big porn award](https://www.jamesmarshlaw.com/divided-court-strikes-down-big-porn-award/) **Published:** April 23, 2014 **Author:** Gwen Kahler **Content:** “I really don’t understand where this leaves me and the other victims who now have to live with trying to get restitution probably for the rest of our lives,” Amy wrote on the website of James R. Marsh, one of her attorneys. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Paroline, Restitution --- ### [Justices limit restitution to victims by child porn users](https://www.jamesmarshlaw.com/justices-limit-restitution-to-victims-by-child-porn-users/) **Published:** April 23, 2014 **Author:** Gwen Kahler **Content:** The case stems from Congress’ passage of the Sexual Exploitation and Other Abuse of Children Act, which established penalties and restitution for sexual assault, domestic violence and child pornography. The law called for full restitution – but it did not specify who should pay what. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Paroline, Restitution --- ### [Supreme Court limits amount defendant must pay in child porn case](https://www.jamesmarshlaw.com/supreme-court-limits-amount-defendant-must-pay-in-child-porn-case/) **Published:** April 23, 2014 **Author:** Gwen Kahler **Content:** “As Amy has recognized, the Supreme Court’s split-the-difference ruling promises her that she will receive full restitution ‘someday,'” Cassell wrote. “I just wonder how far in the future that someday will be.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Paroline, Restitution --- ### [Justices Rule Child Pornography Restitution is Too High](https://www.jamesmarshlaw.com/justices-rule-child-pornography-restitution-is-too-high/) **Published:** April 23, 2014 **Author:** Gwen Kahler **Content:** Chief Justice Roberts said the majority’s approach was arbitrary and impossible to square with the words of the 1994 law. “The statute as written allows no recovery,” he said. “We ought to say so, and give Congress a chance to fix it.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Paroline, Restitution --- ### [Supreme Court says child porn victims can claim payment from anyone who has their images](https://www.jamesmarshlaw.com/supreme-court-says-child-porn-victims-can-claim-payment-from-anyone-who-has-their-images/) **Published:** April 23, 2014 **Author:** Gwen Kahler **Content:** A federal judge ruled that Paroline was not liable for Amy’s restitution because there was no proof he contributed to her abuse, but a federal appeals court judge decided the opposite way and ordered Paroline to pay $3.4 million. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Paroline, Restitution --- ### [SCOTUS Decision Issued in Paroline v. U.S. Today](https://www.jamesmarshlaw.com/scotus-decision-issued-in-paroline-v-u-s-today/) **Published:** April 23, 2014 **Author:** Gwen Kahler **Content:** Child pornography victims are routinely harmed by thousands of perpetrators many of whom are never identified, let alone prosecuted. It places a significant burden on courts, the government, and victims to try to calculate the relative harms caused by each individual perpetrator. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Paroline, Restitution --- ### [Op Ed: Paroline Raises Difficult Questions for Supreme Court](https://www.jamesmarshlaw.com/op-ed-paroline-raises-difficult-questions-for-supreme-court/) **Published:** February 27, 2014 **Author:** Gwen Kahler **Content:** JURIST Guest Columnist Warren Binford of Willamette University College of Law argues that the US Supreme Court should hold individual possessors of child pornography liable for the full damages allowed under the Violence Against Women Act first to help victims of child pornography recover as quickly and fully as possible and to uphold US international treaty obligations … ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Opinion, Paroline, Restitution --- ### [Opinion: Paying a price for child pornography](https://www.jamesmarshlaw.com/opinion-paying-a-price-for-child-pornography/) **Published:** January 29, 2014 **Author:** Gwen Kahler **Content:** Sometimes, justice requires being fair even to those who don’t deserve it. And justice in this case means rejecting the argument that Paroline must pay for all his fellow criminals. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Opinion, Paroline, Restitution --- ### [Why crime victims need their own voice in the criminal justice process](https://www.jamesmarshlaw.com/why-crime-victims-need-their-own-voice-in-the-criminal-justice-process/) **Published:** January 27, 2014 **Author:** Gwen Kahler **Content:** Last week, I argued before the Supreme Court in Paroline v. U.S. & Amy. As the case caption itself suggests, our criminal justice system is shifting, at least to some modest degree, from a two-sided, “State v. Defendant” model to a three-sided model in which crime victims are free to enforce their own rights. This change is long overdue, as crime victims have their own independent concerns in the process that ought to be recognized. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Paroline, Restitution --- ### [Paroline decision will have worldwide impact](https://www.jamesmarshlaw.com/paroline-decision-will-have-worldwide-impact/) **Published:** January 25, 2014 **Author:** Gwen Kahler **Content:** The impact of the court’s decision will be felt far beyond U.S. borders. Individuals consume more than 15 million child sexual abuse images in an international market valued at between $3 billion and $20 billion annually. Due to the rapid proliferation of Internet usage, the child pornography market is projected to continue to grow exponentially. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Paroline, Restitution --- ### [Opinion: Child pornography: Who should pay?](https://www.jamesmarshlaw.com/opinion-child-pornography-who-should-pay/) **Published:** January 24, 2014 **Author:** Gwen Kahler **Content:** Child pornography is a growing international scourge. Demand has increased, as have the number of victims and the cruelty of the crimes. Anonymous online sharing has exacerbated the problem, rendering the industry more opaque and prosecution more elusive. The victims of this sordid market need assistance, not legal machinations that impede recovery. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Opinion, Paroline, Restitution --- ### [New Frontiers in Child Porn Law](https://www.jamesmarshlaw.com/new-frontiers-in-child-porn-law/) **Published:** January 24, 2014 **Author:** Gwen Kahler **Content:** The Supreme Court is weighing how much defendants convicted of possessing images of child pornography should have to pay in restitution to the victims depicted in those images. The case involves a woman known as ‘Amy,” whose uncle raped her when she was a young girl and circulated photographs of the abuse online. He eventually went to jail, but those photos became among the most widely viewed child porn in the world. Karen Duffin reports on Amy’s quest for restitution. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Paroline, Restitution --- ### [Opinion - Murphy: Court to weigh who must pay in child porn case](https://www.jamesmarshlaw.com/opinion-murphy-court-to-weigh-who-must-pay-in-child-porn-case/) **Published:** January 24, 2014 **Author:** Gwen Kahler **Content:** The legal issues in Paroline’s case may be complicated, but deciding whom to burden with the task of distributing restitution responsibilities fairly is simple. The bad guys, not the victims or the courts, should bear the burden. Imposing a substantial restitution order on a guy like Paroline will serve as a strong deterrent to others who may be considering becoming involved in the crime. It will also encourage young victims to speak out not only to achieve justice but also to obtain money they desperately need and deserve to help them heal. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Opinion, Paroline, Restitution --- ### [SCOTUS case could hike financial damages for child porn victims](https://www.jamesmarshlaw.com/scotus-case-could-hike-financial-damages-for-child-porn-victims/) **Published:** January 23, 2014 **Author:** Gwen Kahler **Content:** But as victims’ advocates say, courts have had difficulty interpreting how that statute should be applied, and it was a question the U.S. Supreme Court considered on Wednesday in connection with Amy’s case. At stake is the concept of “joint and several liability,” in which multiple participants in a crime – in Amy’s case, there are perhaps thousands – can be required to pay the entire amount of restitution to a victim, regardless of whether the offender played a large or small role. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Paroline, Restitution --- ### [The Supreme Court Hears Oral Argument in Paroline v. Unknown Amy, a case Regarding Restitution for Child Pornography Victims](https://www.jamesmarshlaw.com/the-supreme-court-hears-oral-argument-in-paroline-v-unknown-amy-a-case-regarding-restitution-for-child-pornography-victims/) **Published:** January 23, 2014 **Author:** Gwen Kahler **Content:** Professor Cassell, along with lawyer James Marsh, have pursued many in this illegal marketplace on Amy’s behalf, and she has obtained between $1 million and $2 million so far. For them, the enemy is the market itself, and so it makes little sense to apportion damages differently according to the role that was played by a given market participant, or to burden the victim with having to prove how this perpetrator registered this harm. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Paroline, Restitution --- ### [Supreme Court struggles with restitution for child porn](https://www.jamesmarshlaw.com/supreme-court-struggles-with-restitution-for-child-porn/) **Published:** January 22, 2014 **Author:** Gwen Kahler **Content:** The Supreme Court on Wednesday took up a knotty question of proportional justice, in a case posing the question of how much individual viewers of child pornography owe to the victims of abuse. An animated, hour-long session of oral arguments drew questions from eight justices – Justice Clarence Thomas did not speak – on how much of $3.4 million restitution award sought by the plaintiff known as “Amy Unknown” should be paid by a defendant found with two images of her on his personal computer. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Paroline, Restitution --- ### [Supreme Court weighs how much one person should pay pornography victim](https://www.jamesmarshlaw.com/supreme-court-weighs-how-much-one-person-should-pay-pornography-victim/) **Published:** January 22, 2014 **Author:** Gwen Kahler **Content:** A woman with the pseudonym Amy Unknown was at the Supreme Court on Wednesday as justices discussed the horrible events that changed her life: Her uncle raped her when she was a young girl, recorded that assault and other sex acts and put the images on the Internet, where they have been viewed tens of thousands of times. All the justices seemed to think that those who downloaded the images of Amy should pay to help her put her life back together. But they struggled to decide what any one person should pay. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Paroline, Restitution --- ### [Supreme Court weighs restitution in child pornography case](https://www.jamesmarshlaw.com/supreme-court-weighs-restitution-in-child-pornography-case/) **Published:** January 22, 2014 **Author:** Gwen Kahler **Content:** The Supreme Court faced three options Wednesday for extracting restitution from perpetrators of child pornography: Sock them for their victim’s full compensation, none of it, or something in between. The justices didn’t like any of those options. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Paroline, Restitution --- ### [How Much Does Doyle Paroline Owe?](https://www.jamesmarshlaw.com/how-much-does-doyle-paroline-owe/) **Published:** January 22, 2014 **Author:** Gwen Kahler **Content:** How does the Supreme Court solve a division problem that Congress has dropped in its lap? The justices wrestled with that question Wednesday during the arguments in a case about how to award restitution to child pornography victims. They were struggling because most of them didn’t seem to see an easy or completely satisfying answer. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Paroline, Restitution --- ### [Argument recap: Sorting out the blame](https://www.jamesmarshlaw.com/argument-recap-sorting-out-the-blame/) **Published:** January 22, 2014 **Author:** Gwen Kahler **Content:** The Supreme Court left no doubt on Wednesday that it is willing to do its part to make sure that victims of child pornography get paid money to offset the harm done to them. But it also found itself very much in doubt about just what that part would be. The answer in the case of Paroline v. United States may depend upon how the Court understands two words: “apportion” and “contribution.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Paroline, Restitution --- ### [Justices consider: Must those who view child porn pay millions in damages?](https://www.jamesmarshlaw.com/justices-consider-must-those-who-view-child-porn-pay-millions-in-damages/) **Published:** January 22, 2014 **Author:** Gwen Kahler **Content:** The court is being asked how to apportion responsibility for compensation in child pornography cases when there are numerous defendants. First, the justices must determine whether the act of simply viewing child pornography directly causes enough injury to trigger mandatory restitution called for in a 1994 federal law; the law requires restitution for pornographers whose crimes caused “proximate harm.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Paroline, Restitution --- ### [Justices Seem Stumped on Calculating Damages Over Child Pornography](https://www.jamesmarshlaw.com/justices-seem-stumped-on-calculating-damages-over-child-pornography/) **Published:** January 22, 2014 **Author:** Gwen Kahler **Content:** In a Supreme Court argument on Wednesday that was part math problem and part seminar on the nature of culpability, the justices seemed to agree on just two things. The first was that Doyle R. Paroline, convicted in 2009 of possessing 280 images of child pornography, “is a bad guy,” as Justice Antonin Scalia put it. The second was that the child shown in two of those images had suffered terrible harm, first from sexual assaults committed by another man two decades ago and then from the mass circulation of depictions of her abuse. Beyond those two points, though, the justices seemed at a loss to identify a principled way to determine what Mr. Paroline owes Amy, as the woman is known in court papers. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Paroline, Restitution --- ### [Court Struggles With Restitution for Child Porn Victim](https://www.jamesmarshlaw.com/court-struggles-with-restitution-for-child-porn-victim/) **Published:** January 22, 2014 **Author:** Gwen Kahler **Content:** Three lawyers offered the U.S. Supreme Court on Wednesday three “stark choices” about how to pay restitution to child pornography victims, but none seemed to satisfy all of the justices. The three choices, several justices noted, would result in victims receiving nothing, everything or something in between the two. During arguments in Paroline v. United States, the high court struggled with how to give effect to Congress’ mandate in the Sexual Exploitation and Other Abuse of Children Act that these victims receive the “full amount” of their losses. The justices had agreed to decide what causal relationship, if any, between a criminal defendant’s act and a child pornography victim’s harm must the government or the victim prove for the victim to get restitution. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Paroline, Restitution --- ### [Paroline v. United States](https://www.jamesmarshlaw.com/paroline-v-united-states/) **Published:** January 22, 2014 **Author:** Gwen Kahler **Content:** I felt today represented a good day for victims – a day in which Pope Francis’ call for us to “care for the vulnerable of the earth” was heard a little more clearly (Evangelii Gaudium, para. 209). This is not so much because of any expected outcome of the case. Indeed, I do not know where the Justices will come out on the very difficult questions at issue. Rather, two aspects of the day offer some hope that we are closer to the Pope’s vision of “restoring the dignity of human life” to all people. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Paroline, Restitution --- ### [Supreme Court considers who should pay damages to child-porn victim](https://www.jamesmarshlaw.com/supreme-court-considers-who-should-pay-damages-to-child-porn-victim/) **Published:** January 22, 2014 **Author:** Gwen Kahler **Content:** On Wednesday, the Supreme Court was asked to decide whether the Crime Victims’ Rights Act of 2004 should allow Amy, now in her mid-20s, to collect from Paroline $3.4 million in damages – the amount she estimates she needs to compensate for the psychological injuries that arose from her abuse. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Paroline, Restitution --- ### [Supreme Court Justices Seem Sympathetic To Woman Who Wants Restitution For Child Pornography](https://www.jamesmarshlaw.com/supreme-court-justices-seem-sympathetic-to-woman-who-wants-restitution-for-child-pornography/) **Published:** January 22, 2014 **Author:** Gwen Kahler **Content:** The Supreme Court lent a sympathetic ear Wednesday to a victim of child pornography who wants the court to make it easier for victims to collect money from people convicted of downloading and viewing the pornographic images. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Paroline, Restitution --- ### [Supreme Court Hearing Arguments On Child Pornography Restitution](https://www.jamesmarshlaw.com/supreme-court-hearing-arguments-on-child-pornography-restitution/) **Published:** January 22, 2014 **Author:** Gwen Kahler **Content:** The Supreme Court is hearing arguments in a case that asks whether a victim of child pornography can seek millions of dollars from a defendant who had just two images of her on his computer. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Paroline, Restitution --- ### [Supreme Court hears Texas man's appeal in child pornography case](https://www.jamesmarshlaw.com/supreme-court-hears-texas-mans-appeal-in-child-pornography-case/) **Published:** January 22, 2014 **Author:** Gwen Kahler **Content:** In court Wednesday, several justices agreed that Amy, a pseudonym used to protect the true victim’s identity, was harmed by all of those involved in the distribution and consumption of her images. But they remained skeptical that Paroline should be liable for her entire losses, as he played a relatively small part in her saga. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Paroline, Restitution --- ### [U.S. justices weigh child porn restitution](https://www.jamesmarshlaw.com/u-s-justices-weigh-child-porn-restitution/) **Published:** January 22, 2014 **Author:** Gwen Kahler **Content:** U.S. Supreme Court justices appeared to struggle on Wednesday as they considered how much defendants convicted of possessing images of child pornography have to pay in restitution to victims. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Paroline, Restitution --- ### [Court Considers What Child Porn Viewer Owes Victim](https://www.jamesmarshlaw.com/court-considers-what-child-porn-viewer-owes-victim/) **Published:** January 22, 2014 **Author:** Gwen Kahler **Content:** Supreme Court justices expressed compassion for a woman raped as a child as they struggled with how much money should be paid to her by one man convicted of possessing pornographic images of the abuse that have spread among thousands of online viewers. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Paroline, Restitution --- ### [Paroline v. United States: A case for restitution](https://www.jamesmarshlaw.com/paroline-v-united-states-a-case-for-restitution/) **Published:** January 22, 2014 **Author:** Gwen Kahler **Content:** Amy’s experience demonstrates the unique harm she and other victims of child pornography suffer. Between August 2002 and September 2013, we received more than 4,900 submissions from law enforcement that included images of Amy. Those reports contained more than 70,000 images of her abuse that had been viewed and/or traded by offenders for their own gratification. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Paroline, Restitution --- ### [I'm hoping for a victory for crime victims' rights tomorrow before the Supreme Court](https://www.jamesmarshlaw.com/im-hoping-for-a-victory-for-crime-victims-rights-tomorrow-before-the-supreme-court/) **Published:** January 21, 2014 **Author:** Gwen Kahler **Content:** Tomorrow I’m arguing before the U.S. Supreme Court in United States v. Paroline. an important case involving restitution for child pornography victims. I hope to persuade the Court that Congress meant what it said when it promised child pornography victims restitution for the “full amount” of their losses in criminal cases. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Paroline, Restitution --- ### [Supreme Court to weigh restitution in child-porn case](https://www.jamesmarshlaw.com/supreme-court-to-weigh-restitution-in-child-porn-case/) **Published:** January 21, 2014 **Author:** Gwen Kahler **Content:** On Wednesday, the Supreme Court will consider whether anyone who downloaded or distributed Amy’s images can be held liable for the entire psychiatric, vocational and legal cost of Amy’s degradation, estimated at $3.4 million. Its decision could set the standard for hundreds of other such cases in the future. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Paroline, Restitution --- ### [High Court To Rule On Child Porn Restitution](https://www.jamesmarshlaw.com/high-court-to-rule-on-child-porn-restitution/) **Published:** January 21, 2014 **Author:** Gwen Kahler **Content:** Advocates for child pornography victims say that holding defendants liable for the entire amount of losses better reflects the ongoing harm that victims suffer each time someone views the images online. The threat of a large financial judgment, coupled with a prison term, also might deter some people from looking at the images in the first place, the advocates say. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Paroline, Restitution --- ### [Court ruling due on child porn victim restitution](https://www.jamesmarshlaw.com/court-ruling-due-on-child-porn-victim-restitution/) **Published:** January 21, 2014 **Author:** Gwen Kahler **Content:** If upheld, the ruling would change the equation. Courts would not have to determine exactly how much harm any one defendant caused Amy. Instead, all defendants would be liable for the entire outstanding amount, raising the possibility that a few well-heeled people among those convicted might contribute most, if not all, of the remaining restitution. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Paroline, Restitution --- ### [Supreme Court battle over what child pornography viewer owes victim](https://www.jamesmarshlaw.com/supreme-court-battle-over-what-child-pornography-viewer-owes-victim/) **Published:** January 20, 2014 **Author:** Gwen Kahler **Content:** The Supreme Court will delve into the sordid world of child pornography this week with a case that could break legal ground in the fight to curb juvenile porn – whether victims can seek full damages not only from their abusers but also from the people who produce, distribute and possess the illegal images. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Paroline, Restitution --- ### [Explaining why I am rooting so hard for "Amy" in Paroline](https://www.jamesmarshlaw.com/explaining-why-i-am-rooting-so-hard-for-amy-in-paroline/) **Published:** January 20, 2014 **Author:** Gwen Kahler **Content:** I actually think better consequences can and will ultimately prevail for future federal defendants convicted of unlawfully downloading child porn if Amy prevails in this case. This is because I think, in light of the instructions of 18 USC 3553(a), federal judges would in the future be fully justified (and arguably even required) to generally impose a shorter federal prison sentence on a child porn defendant if and whenever that defendant is to be held jointly liable for the full amount of documented economic losses. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Paroline, Restitution --- ### [Woman suing man who viewed online pictures of her being raped as a child for $3.4 MILLION taking legal battle to Supreme Court](https://www.jamesmarshlaw.com/woman-suing-man-who-viewed-online-pictures-of-her-being-raped-as-a-child-for-3-4-million-taking-legal-battle-to-supreme-court/) **Published:** January 20, 2014 **Author:** Gwen Kahler **Content:** A woman whose childhood rapes by her uncle were captured on camera and widely traded on the internet wants the Supreme Court to make it easier for victims of child pornography to collect money from people who view the brutal images on their computers. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Paroline, Restitution --- ### [Court to decide on child porn victim restitution](https://www.jamesmarshlaw.com/court-to-decide-on-child-porn-victim-restitution/) **Published:** January 20, 2014 **Author:** Gwen Kahler **Content:** Thirty-four states, dozens of victims’ rights and child advocacy groups, local prosecutors and members of Congress are urging the court to uphold the ruling against Paroline by the New Orleans-based 5th U.S. Circuit Court of Appeals. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Paroline, Restitution --- ### [Ore. law students get their day in Supreme Court](https://www.jamesmarshlaw.com/ore-law-students-get-their-day-in-supreme-court/) **Published:** January 19, 2014 **Author:** Gwen Kahler **Content:** When the U.S. Supreme Court hears arguments Wednesday in a case about how much possessors of child pornography must pay their victims, two Willamette University law professors and four law students will be in the chambers. Although none of them will speak, they already will have had their say. They have filed a friend-of-the-court brief summarizing the arguments by the Netherlands national agency that monitors child sexual abuse and human trafficking. It is one of 13 such briefs filed in the case, other than those by the parties themselves. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Paroline, Restitution --- ### [Child-porn victims want damages from those who view the images](https://www.jamesmarshlaw.com/child-porn-victims-want-damages-from-those-who-view-the-images/) **Published:** January 17, 2014 **Author:** Gwen Kahler **Content:** A Seattle attorney, representing a woman victimized as a child and still being traumatized by pedophiles, will attend a U.S. Supreme Court hearing next week in a case to decide if offenders can be ordered to compensate victims whose online images are viewed and traded over and over. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Paroline, Restitution --- ### [Utah law professor to make case for child-porn victims](https://www.jamesmarshlaw.com/utah-law-professor-to-make-case-for-child-porn-victims/) **Published:** January 16, 2014 **Author:** Gwen Kahler **Content:** On Wednesday, the University of Utah law professor will make that argument before what will be his most important audience yet: the U.S. Supreme Court. It is the first time a crime victim’s attorney has appeared before the court in a criminal case filed by the government; the outcome may result in a historic decision for crime victims’ rights. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Paroline, Restitution --- ### [Paying Amy](https://www.jamesmarshlaw.com/paying-amy/) **Published:** December 4, 2013 **Author:** Gwen Kahler **Content:** In January, the Supreme Court will hear the appeal of Doyle Randall Paroline, who was caught with two pictures of Amy among 280 illegal images and was found liable by the U.S. Court of Appeals for the 5th Circuit for the full amount of the restitution Amy, who is now 24, has claimed. The 5th Circuit said it was up to Paroline – not Amy – to find the other men who could also be on the hook for restitution and go after them for contributions. The legal theory is called joint and several liability. It’s the way courts deal with pollution cases in which a bunch of defendants all dump toxic waste into a single lake. A plaintiff sues one wealthy company for all the damages, and then that defendant has to sue other companies to share the costs. Money can make a huge difference for victims of sexual abuse. For Amy and Nicole, it has meant access to counseling and a safety net when they have struggled with school and work, as they both have at times. Restitution makes far more sense than the enormously long prison sentences men often serve for collecting child pornography. Congress was right to see the value of restitution. The Supreme Court should too. And then lawmakers and judges should also recognize that the prison terms for possession of child pornography have become too harsh. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Paroline, Restitution --- ### [Judges Describe Agonizing Decisions](https://www.jamesmarshlaw.com/judges-describe-agonizing-decisions/) **Published:** January 16, 2000 **Author:** Gwen Kahler **Content:** “The judges don’t have crystal balls. It’s just like a computer: garbage in, garbage out,” said James Marsh, president of the Children’s Law Center, who went on to give one reason that cases require close monitoring. “A lot of times, there are other people living in the house, and there are people coming and going,” Marsh said. “The family is in one house one day, and they could be in another house the next day. It’s difficult for social workers who have 40 or 50 cases to get out there and visit the home.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** News --- ### [Quote of the Day](https://www.jamesmarshlaw.com/quote-of-the-day/) **Published:** January 16, 2000 **Author:** Gwen Kahler **Content:** “The judges don’t have crystal balls. It’s just like a computer: garbage in, garbage out.” — James Marsh, president of the Children’s Law Center, explaining that decisions in child abuse cases often suffer because the social workers who advise judges are overworked or are insufficiently trained. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** News --- ### [Lost in foster care? Data only now reflect needs of the children](https://www.jamesmarshlaw.com/lost-in-foster-care-data-only-now-reflect-needs-of-the-children/) **Published:** April 29, 2001 **Author:** Gwen Kahler **Content:** The child welfare system is, in the end, an information system, and there are legal consequences if files are lost because a social worker quits or some other foul-up, said James Marsh, a lawyer who has done pro bono adoptions in the District. “It’s like garbage in, garbage out. If the information is bad, the court won’t make a good decision and the child won’t end up in a good place,” he said ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** News --- ### [Bill to require clergy to report abuse cases](https://www.jamesmarshlaw.com/bill-to-require-clergy-to-report-abuse-cases/) **Published:** June 20, 2002 **Author:** Gwen Kahler **Content:** The measure sounds complex, said James Marsh, director of legal and policy analysis for the Center for Social Work Management, a nationwide watchdog and consulting group. He said people who would be required to report abuse cases might be confused about who they must refer allegations to. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** News --- ### [The Most Vulnerable Clients - Attorneys Must Deal With Special Issues When Kids Come into Contact with the Courts](https://www.jamesmarshlaw.com/the-most-vulnerable-clients-attorneys-must-deal-with-special-issues-when-kids-come-into-contact-with-the-courts/) **Published:** April 1, 2003 **Author:** Gwen Kahler **Content:** In most cases, parents are given between six months and a year to show significant progress toward complying with court orders regarding their behavior. These mandates most often call for parents to undergo drug treatment, get a job, obtain suitable housing or take parenting classes, says James Marsh, founder of the Children’s Law Center in Washington, D.C. Parents who fail to comply are stripped of their parental rights, and other permanency arrangements are sought for their children. At least, the thinking goes, the children aren’t left in suspended circumstances for an indefinite time. But while the safe families act has helped to introduce more certainty to the child welfare system and is widely hailed by children’s lawyers as a step in the right direction, some say it can be a double-edged sword. Sometimes, they suggest, it may be more productive in the long run to allow children to stay at home during efforts to help their parents improve their behavior. In some jurisdictions, for example, state agencies will require parents to submit to random drug testing to regain custody, even when drug use was not a factor in removing the children in the first place. But when a parent has a low-wage job and no car, says Haralambie, complying with the logistics of random drug tests can be next to impossible. Marsh agrees that the good intentions driving the safe families act sometimes create a catch-22. The act requires states to provide support services to help parents comply with court mandates to improve their behavior, but underfunded state programs often have many more applicants than they can serve, he says. Drug treatment programs, for instance, may not have enough spaces to serve all the people who have been ordered by courts to undergo treatment if they want to retain custody of their children. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** News --- ### [Al's Morning Meeting: Fileswapper Busters](https://www.jamesmarshlaw.com/als-morning-meeting-fileswapper-busters/) **Published:** August 13, 2003 **Author:** Gwen Kahler **Content:** Concerned that information about your file-sharing username may have been subpoenaed by the Recording Industry Association of America (RIAA)? Check here to see if your username or IP address is on one of the subpoenas filed with the D.C. District Court. This information is drawn from the court’s publicly available PACER database and will be updated when that system is updated. The RIAA announced on June 25, 2003, that it will begin suing users of peer-to-peer (P2P) file-sharing. According to the announcement, the RIAA will be targeting users who upload/share “substantial” amounts of copyrighted music. It’s interesting that law firms have begun advertising themselves as having special expertise in defending children who are accused of illegally downloading. Here is one I found. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** News --- ### [Couple Slam Adoption 'Scam' Lawyer](https://www.jamesmarshlaw.com/couple-slam-adoption-scam-lawyer/) **Published:** June 6, 2004 **Author:** Gwen Kahler **Content:** Experts say would-be parents in New York and nationwide must beware. “The international adoption business is largely unregulated and fraught with scams – and dashed hopes,” said James Marsh, an adoption lawyer in Westchester and senior fellow with the Center for Adoption Research in Massachusetts. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** News --- ### [Perv Cools Heels in Prison Hospital; Porn, abuse victim decries treatment of her tormentor](https://www.jamesmarshlaw.com/perv-cools-heels-in-prison-hospital-porn-abuse-victim-decries-treatment-of-her-tormentor/) **Published:** January 17, 2006 **Author:** Gwen Kahler **Content:** A vile sex offender who adopted a 5-year-old from Russia only to turn her into a sex slave is being treated at the cushy Devens prison hospital – an arrangement that prompted cries of outrage from the now-13-year-old survivor. “Masha feels that treatment is inappropriate and that what (Matthew) Mancuso deserves is punishment for the crimes he committed,” said attorney James R. Marsh, who represents Masha Allen. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News --- ### [Terms of Enslavement: Web Sites' Outrageous Service Agreements](https://www.jamesmarshlaw.com/terms-of-enslavement-web-sites-outrageous-service-agreements/) **Published:** February 20, 2009 **Author:** Gwen Kahler **Content:** “Companies get into trouble when they try to move that content beyond the four corners of their service – that’s what Facebook tried to do – and use content for commercial exploits,” said James R. Marsh, a lawyer who writes ChildLaw Blog, which first posted news of Facebook’s TOS change late last month. In the extreme, he said, “They can take little Susie’s pictures on the beach to Playboy, who then has their own license for using it – and you may not even know it. And then what? You’re institutionalizing child pornography.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News --- ### [Judge Orders Child Porn Consumer To Pay Restitution](https://www.jamesmarshlaw.com/judge-orders-child-porn-consumer-to-pay-restitution/) **Published:** February 24, 2009 **Author:** Gwen Kahler **Content:** New York lawyer James R. Marsh, the victim’s attorney and an expert on child abuse law, said Eginton’s ruling is unlikely to cause a spike in claims for restitution. That is because, he said, the number of victims who have been identified from seized computer images is tiny – perhaps 200 children. Many of those victims, he said, are still children; they were photographed or videotaped when they were babies. Some victims may not be aware of their legal rights, Marsh said. In other cases, he said, parents may decide that children are better served by not going to court. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Restitution --- ### [Paying Dearly For Child Porn Possession](https://www.jamesmarshlaw.com/paying-dearly-for-child-porn-possession/) **Published:** March 2, 2009 **Author:** Gwen Kahler **Content:** The victim hired White Plains, N.Y., attorney James Marsh. He said there is no distinction between Hesketh and the people who actually produced the pornography. “The victim is a victim of sexual exploitation caused by this defendant,” Marsh said. “This notion that somehow we can excuse the defendant because there is no sexual contact is an affront to the victim.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News --- ### [A Bold Gambit to Reduce Demand for Child Porn](https://www.jamesmarshlaw.com/a-bold-gambit-to-reduce-demand-for-child-porn/) **Published:** August 16, 2009 **Author:** Gwen Kahler **Content:** Federal prosecutors and a New York lawyer \[James R. Marsh\] are persuading courts to order anyone caught with illicit images to pay financial restitution to child victims. Marsh says he is not seeking restitution for the original crime of sexual assault of a child. His claims on Amy’s behalf are based on the idea that those who possess images of his client’s abuse are guilty of a current violation of her privacy rights. “This is an ongoing crime, an ongoing harm, that will never end,” he says. “There is nothing that she can do, or I can do, or the US attorney can do, or anyone in the world can do to stop this crime.” Marsh adds: “All she wants is for people to stop looking at her and exploiting her over and over again.” Such an expansive view of restitution liability may introduce a strong deterrent to the flourishing exchange of child porn on the Internet. And it can help empower child victims, Marsh says. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Restitution --- ### [Attorney For Victim Asks For $3.4 Million](https://www.jamesmarshlaw.com/attorney-for-victim-asks-for-3-4-million/) **Published:** August 21, 2009 **Author:** Gwen Kahler **Content:** A groundbreaking and complex issue of restitution — which attorneys for Amy claim she is entitled to from those who possessed illegal photos of her — is spreading around the country and has become part of Paroline’s Tyler case, the first in East Texas. Assistant U.S. Attorney Bill Baldwin, Paroline’s defense attorney F.R. “Buck” Files Jr. and New York attorney for Amy, James Marsh, stated their views on the issue and answered questions by U.S. District Judge Leonard Davis during a three-hour hearing Thursday. But more time, resources and information are needed before the restitution issue can be resolved. Baldwin said the government has the burden to prove the victim has been damaged and it is up to the judge to determine a restitution amount. He said the child pornography photos are a permanent record of her abuse that continues to be exacerbated by its circulation. “There’s a new injury with each publication of these photographs,” he said. When Paroline opened those images, “he stepped into the room of abuse with ‘Amy'” and became a participant in her abuse, he said. Baldwin said the victim wanted to go to college and become a teacher but has been unable to do that because of the impact of the abuse. “This is not a ‘stepping into the room case,'” Files said. He said the judge must determine the harm caused by Paroline to the victim. He said it is unconscionable for the government to suggest $3.4 million is appropriate in the case. Davis said the attorneys needed to decide how much restitution was appropriate, how they arrived at that amount and who pays it. He said victims are entitled to restitution for counseling and loss of income. Davis said they could be able to use Paroline’s case as a vehicle for other cases. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Paroline, Restitution --- ### [Many ask 'Who else should be punished?'](https://www.jamesmarshlaw.com/many-ask-who-else-should-be-punished/) **Published:** October 25, 2009 **Author:** Gwen Kahler **Content:** “Child pornography harms the children in the images perpetually,” said James Marsh, the New York lawyer who represents Amy. “It leads to the physical abuse of more children. Demand creates supply.” Marsh said U.S. Supreme Court decisions over the past three decades have upheld the concept that the mere act of viewing child pornography is an act that causes harm to the abused children. He has filed for restitution for Amy in 310 pending cases nationwide. Marsh said he will stop filing requests when Amy is compensated for the full amount of her damages. “It doesn’t matter who is paying,” Marsh said. “The goal is to make the victim whole.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Restitution --- ### [Victim of child porn seeks damages from viewers](https://www.jamesmarshlaw.com/victim-of-child-porn-seeks-damages-from-viewers/) **Published:** October 25, 2009 **Author:** Gwen Kahler **Content:** Amy’s attorney, James R. Marsh of New York, has been fighting the restitution battle for her. Amy, he said, remains in a very fragile state. She just had a baby and is in a troubled relationship. “She is completely devastated by this,” he said. “She basically doesn’t have any joy in her life. This is just an awful situation.” Amy wrote in her victim impact statement that she feels unworthy of anything and a complete failure. “What happened to me hasn’t gone away,” she said. “It will never go away.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Restitution --- ### [Texas judge refuses bid to make child porn users pay damages](https://www.jamesmarshlaw.com/texas-judge-refuses-bid-to-make-child-porn-users-pay-damages/) **Published:** December 10, 2009 **Author:** Gwen Kahler **Content:** A federal judge in Texas Monday sentenced a man to two years in prison for possession of child porn, but refused to make him pay $3.4 million in restitution to the girl in the pictures. Prosecuting lawyers called the ruling a setback for victims of child porn. The Paroline restitution case in Tyler, Texas, was seen as an important test of a tough anti-child pornography law in which federal prosecutors were seeking to impose the same high level of restitution on those found in possession of child pornography as would be imposed against those who physically abused a child, photographed the abuse, and distributed the images. Prosecutors argued that the injury to the girl was ongoing as a result of those who continue to download images of her abuse. The judge agreed that the abuse was ongoing, but he decided that it did not justify holding a defendant in a possession case to the same level of financial responsibility as an individual who carried out the physical abuse and created the child pornography. Amy’s lawyer, James Marsh of New York, has filed 250 restitution requests on her behalf in child pornography cases across the country. He said he was disappointed in Judge Davis’s ruling. “The court’s decision is a serious set-back for victims of child pornography like Amy in their effort to obtain just and timely restitution for the ongoing crimes perpetrated against them,” Mr. Marsh said in a written statement. “How can we, as a country, justify awarding tens of thousands of dollars in damages to record companies for downloading a single song, while criminals who exploit children pay nothing,” he said. Marsh says it is now up to Congress, the Fifth US Circuit Court of Appeals, and the US Supreme Court to take up the issue. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Paroline, Restitution --- ### [Child Pornography, and an Issue of Restitution](https://www.jamesmarshlaw.com/child-pornography-and-an-issue-of-restitution/) **Published:** February 3, 2010 **Author:** Gwen Kahler **Content:** When Amy was a little girl, her uncle made her famous in the worst way: as a star in the netherworld of child pornography. Now, with the help of an inventive lawyer, the young woman known as Amy – her real name has been withheld in court to prevent harassment – is fighting back. The most novel approach is being taken by Amy’s lawyer, James R. Marsh, whose practice focuses on child exploitation cases. Mr. Marsh’s arguments are the fruits of a national movement granting greater rights to crime victims and shifting the financial burden of crimes to criminals, said Paul G. Cassell, a former federal judge and professor of law at the University of Utah, who advised Mr. Marsh and wrote a brief supporting his position in a Texas case. Mr. Marsh contends that every defendant should be ordered to pay the full amount, under the doctrine of joint and several liability. According to that doctrine, the recipient would stop collecting money once the full damages are paid, and those held responsible for the amount could then sue others who are found culpable for contributions. But the doctrine, which developed in civil law, does not apply as easily in criminal law, especially with an indeterminate population of defendants. Mr. Marsh has automated the process and e-mailed Amy’s filings to United States Attorneys in 350 cases. “I’m able to leverage the power of the Internet to get restitution for a victim of the Internet,” he said. Mr. Marsh has, in effect, expanded his small New York law firm by hundreds of federal prosecutors. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Restitution --- ### [Courts: Should child-porn victims get restitution?](https://www.jamesmarshlaw.com/courts-should-child-porn-victims-get-restitution/) **Published:** February 8, 2010 **Author:** Gwen Kahler **Content:** Every day, “Misty” finds out that another pedophile has been caught with images of her. He could be a pastor, a cop or a mechanic busted with pornographic pictures taken when she was 8 or 9 years old. In each case, another person is making her a victim again and again, said her attorney James Marsh. In each instance — now at 350 and growing — Marsh and Misty are seeking more than $3 million in restitution to help make her whole. It doesn’t matter if the offender has one photo or thousands, Marsh said. Each offender should be just as liable as the next to pay full restitution. “Right now, I am tracking 850 defendants,” Marsh said last week. “The statute calls for restitution. Clearly the intent of the statute is to benefit the victims.” Misty’s attorney acknowledged that few defendants have millions of dollars, but he said that’s not her problem. Under the idea of “joint and several liability,” it would be up to the offenders to go after other offenders to recoup their money. Marsh said he has won restitution settlements ranging from $5,000 to $150,000 in about a third of the cases where they have requested it. In Florida, a judge ordered $3.6 million in restitution. Another Florida judge ordered $3.4 million, Marsh said. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Restitution --- ### [Federal courts struggle with tough new question: restitution for child porn victims](https://www.jamesmarshlaw.com/federal-courts-struggle-with-tough-new-question-restitution-for-child-porn-victims/) **Published:** February 8, 2010 **Author:** Gwen Kahler **Content:** Requests for restitution have picked up as more victims are identified – and as a couple of victims, including Amy, have hired attorneys, said Meg Garvin, executive director of the National Crime Victim Law Institute in Portland, Ore. Hundreds of requests have been filed nationwide, most of them by Amy’s attorney, James Marsh of New York. Marsh said that as recently as five years ago, restitution would have been impossible because victims wouldn’t have known when someone was caught with an image of them. The Crime Victims Rights Act of 2004 set up a system for notifying the victims. Now, Marsh gets several notices a day on behalf of Amy. Marsh, who declined to make Amy available for an interview, is seeking restitution for Amy in 350 cases nationwide. Each request is about $3.4 million. She won’t get that amount in every case. But any sum collected would go toward that total to cover Amy’s counseling, medical costs, future lost earnings and lawyer fees. “Everyone is really grappling with this in good faith,” said Marsh. “It’s all over the place.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Restitution --- ### ['Misty Series' Haunts Girl Long After Rape: 8-Year-Old Abused By Uncle Winning Restitution](https://www.jamesmarshlaw.com/misty-series-haunts-girl-long-after-rape-8-year-old-abused-by-uncle-winning-restitution/) **Published:** February 8, 2010 **Author:** Gwen Kahler **Content:** Some judges have said restitution goes too far in punishing pedophiles whose only crime is to view photos, but Amy’s lawyer, James Marsh, disagrees, saying the brutality in the “secret society” of child pornography requires tough measures. “This is not 13-year-olds in bras or sexting or 17-year-old girls gone wild — these are kids who are raped,” said Marsh, a New York City lawyer. “In one notorious set of images, the father used to put a studded collar around his 6-year-old and wrote on her in what looked like blood, ‘I am Daddy’s little girl, rape me.’ He locked her in a dog cage,” he told ABCNews.com. Marsh is now seeking restitution in 350 cases that involve photos of Amy, through automated filings to the United States attorneys handling the cases. In 1995, Marsh helped update a federal law that gives victims the right to sue anyone who produces, distributes or possess their child sex abuse images. It now provides statutory damages of $150,000 for each violation of federal child pornography provisions and was incorporated into the Adam Walsh Child Protection and Safety Act and signed by President Bush 2006. At the time, Marsh testified in Congress that social networking sites like MySpace and YouTube, as well as camera-enabled cell phones have “enabled and facilitated” child trafficking and the commercialization and distribution of child pornography. A 2001 study of 400 inmates at the Butner Federal Correctional Complex in North Carolina concluded that offenders who were “merely collectors” of Internet child pornography were “significantly more likely than not to have sexually abused a child via a hands-on act.” Amy’s lawyer insists the person who views the photos creates an incentive for violence against children. Pornography “does not exist in a vacuum,” said Marsh. A “powerful, long-term collector” – with 100,000 to 200,000 images — can command others to commit sex crimes to obtain the images he wants. “There is a misunderstanding of the crime, that it’s photos of girls in bathing suits running around the sprinkler,” said Marsh. “And people think pictures are not a big deal, it’s just another greedy lawyer coming to cash in. But they don’t understand the true nature of these criminal syndicates or the experience of the victim. For me, it’s a no-brainer.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Restitution --- ### [Case Highlights Problems for Child-Porn Victims Seeking Restitution](https://www.jamesmarshlaw.com/case-highlights-problems-for-child-porn-victims-seeking-restitution/) **Published:** February 15, 2010 **Author:** Gwen Kahler **Content:** Marsh says proximate cause should not matter in determining whether Amy receives restitution. “We think that the standard is harm. It’s not cause,” Marsh says. “If the victim was harmed by the criminal defendant’s conduct, then she is entitled to restitution under this statute.” The stipulation that Amy did not know who Paroline is or that he possessed her images is a “red herring” in the case, Marsh says. “It’s clear that the victim knows that unlimited numbers of unknown individuals are engaging in this illegal activity. And that knowledge need not be particularized for the victim to be harmed,” Marsh says. “I could send her lists of names of individuals, but they are all doing the same thing.” Marsh argues that Amy should be allowed to appeal the trial court’s decision because she is the beneficiary of a restitution claim. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Paroline, Restitution --- ### [Possessor of child porn to pay $1,000 in restitution](https://www.jamesmarshlaw.com/possessor-of-child-porn-to-pay-1000-in-restitution/) **Published:** April 5, 2010 **Author:** Gwen Kahler **Content:** It is the principle — not the amount — that was important in Buchanan’s case, said James Marsh, Amy’s attorney. Buchanan’s case, one of more than 400 in which Marsh has asked for restitution around the country, is a sign that more courts accept the idea that possessing even a single child porn photo does measurable harm to victims. “We applaud the judge for what he’s done,” Marsh said Monday. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Restitution --- ### [Brandon Anthony Buchanan paying $1,000 porn restitution](https://www.jamesmarshlaw.com/brandon-anthony-buchanan-paying-1000-porn-restitution/) **Published:** April 6, 2010 **Author:** Gwen Kahler **Content:** Her lawyer, James Marsh, has gone after 400 similar cases in which Amy’s photos were found in someone’s possession. He sought $3.4 million restitution in this case, but the actual amount was agreed to by Marsh, prosecutors, the judge, and the defense attorney. Marsh has been going after individual possessors of child porn to set precedent that not just the creator and distributor of the child porn is to blame for a victim’s suffering. He’s out to prove that each person who views an image of a victim has caused additional harm. “Restitution cases like Buchanan are empowering to my client who has gone from a nameless invisible victim to someone who is personally holding criminals responsible for violating her privacy and dignity,” Marsh says. “We feel strongly that every defendant should be required to pay something in restitution to the victims of this terrible crime.” Marsh applauded the voluntary agreement in the case for eliminating possible litigation and additional burden on the government to make a statement in the case. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Restitution --- ### ['Amy' seeks restitution from viewers of sex abuse](https://www.jamesmarshlaw.com/amy-seeks-restitution-from-viewers-of-sex-abuse/) **Published:** April 11, 2010 **Author:** Gwen Kahler **Content:** As of last week, the woman known as “Amy” in every federal district court across the country had received almost 1,000 notices that she had been identified as the victim of a crime. Now, at age 20, she has filed requests in nearly 400 criminal cases asking that she receive restitution from any defendant convicted of viewing those pictures. The idea of restitution is to make crime victims whole. But in Amy’s cases, the question is whether the act of simply “possessing,” or looking, at the illegal, pornographic images in which she appeared is directly responsible for the harm she has suffered and will continue to suffer in the future. Mr. Marsh — and most federal prosecutors –agree that it is. “It’s about good law in the area,” Mr. Marsh said. “We’re taking a cautious approach.” Mr. Marsh added, by filing for restitution in these cases, his client is beginning to feel empowered. “Through the restitution, she feels she’s going from a victim to someone who’s taking control of her life.” Still, she doesn’t make much in the way of long-term plans. “Most of her life is spent coping day to day,” Mr. Marsh said. Among those who have been made to pay are a former law enforcement officer and a man who worked in a lumber yard, Mr. Marsh said. Under the requests for restitution, once Amy receives the entire $3.2 million she is asking for, she would no longer file any new claims. For his part, Mr. Marsh is only being paid an average of about $3,500 per claim filed. It’s not a windfall, Mr. Marsh said. For Amy, who has no health insurance and is living on public assistance, restitution will be simply a means of compensating her for her inability to work at a full-time, professional job because of the harm done to her, he said. “You have millionaires going to prison, and taxpayers funding their treatment. And then you have the victims with zero,” Mr. Marsh said. “The social costs here are huge on both sides of the equation, and this is really just a way of equalizing the treatment of victims in the criminal justice system.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Restitution --- ### [Courts develop ways to aid victims of child porn](https://www.jamesmarshlaw.com/courts-develop-ways-to-aid-victims-of-child-porn/) **Published:** April 19, 2010 **Author:** Gwen Kahler **Content:** A Charlottesville federal judge has joined courts in Texas and Maine in setting a high hurdle for victims of child pornography seeking restitution from defendants convicted of receiving or possessing images of the victims’ abuse. It’s the latest development in the restitution trend, which may be spreading to Virginia state courts. The award of only $100 by U.S. District Judge Norman K. Moon this month represents a departure from the more liberal approach of most federal courts addressing the novel practice of forcing child pornography “end users” to pay restitution to victims portrayed in the illicit images. James R. Marsh of New York, Amy’s lawyer in her effort to collect restitution, offered a strongly worded reaction. “I am amazed and disappointed by the extent some of America’s brightest legal minds will go to thwart the will of Congress and the American people by denying a mandatory legal remedy to victims of child pornography,” Marsh wrote in an e-mail. “While convicted pedophiles enjoy the comfort of federal country club prisons paid for by the taxpayers, the child victims of this terrible crime experience a lifetime of pain and suffering with the courthouse door effectively barred to their claims.” “The legal system needs to start focusing more on the needs of child victims and less on esoteric legal technicalities which allow convicted pedophiles to avoid the damage they cause children and our communities,” Marsh wrote. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Restitution --- ### [Wikipedia Distributing Child Porn, Co-Founder Tells FBI](https://www.jamesmarshlaw.com/wikipedia-distributing-child-porn-co-founder-tells-fbi/) **Published:** April 27, 2010 **Author:** Gwen Kahler **Content:** But the threat is even greater than the images themselves, says James Marsh, an attorney who wrote about Sanger’s letter to the FBI on his Child Law Blog. “Wikipedia’s continued interest in child sexual exploitation is troubling not only because the site hosts some questionable images, but because it can easily serve as a gateway to other sites containing child pornography,” Marsh told FoxNews.com. “One simple link buried in the text of an article on Japanese anime or child pornography could easily take an unsuspecting child or adult user to a place which is not only disturbing, but illegal.” “The real issue for Wikipedia and sites like it is who is monitoring the content? Who is accountable? And who exactly is responsible? Anonymous editors and contributors and a complete lack of transparency presents a real risk of uncensored content being distributed worldwide.” Marsh thinks things are more serious than Sanger suggests. “As Wikipedia becomes an authoritative source in law, politics and news, it makes a great target and medium for people with all kinds of questionable agendas,” he said. “Wikipedia is like the Wizard of Oz. You never know exactly who is standing behind that green curtain. And that’s the real risk here.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News --- ### [Despite Content Purge, Pornographic Images Remain on Wikimedia](https://www.jamesmarshlaw.com/despite-content-purge-pornographic-images-remain-on-wikimedia/) **Published:** May 10, 2010 **Author:** Gwen Kahler **Content:** “Clearly some of the currently available drawings are obscene, and individuals have been prosecuted for downloading and possessing similar material,” said James Marsh, an attorney who represents victims of child sexual exploitation. The FBI has not commented on whether it’s pursuing charges. But it could, said Marsh, who pointed to several legal precedents in which prosecutions have been made based on sexually explicit depictions of children similar to the images on Wikipedia. “Wikipedia has an undisputable affirmative corporate responsibility to keep such material off their sites, which are almost universally available in elementary schools and public libraries,” he said. “Every other content provider has to play by these rules. Why not Wikipedia?” ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News --- ### [Minn. lawyer aims to track, sue child porn users](https://www.jamesmarshlaw.com/minn-lawyer-aims-to-track-sue-child-porn-users/) **Published:** May 26, 2010 **Author:** Gwen Kahler **Content:** James Marsh, an attorney who represented the young woman for which Masha’s Law was named, said few lawsuits have been filed under it partly because few child pornography victims come forward. Also, jurisdictional issues can pose a problem. But he said Anderson’s approach is novel. “The real key to success here will be his ability to join all of these matters in Minnesota. If he can’t do that, it will be a nightmare of epic proportions,” Marsh said. “There are a lot of barriers to a successful litigation, but we definitely wish him good luck.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News --- ### [Victims of child porn seeking restitution](https://www.jamesmarshlaw.com/victims-of-child-porn-seeking-restitution/) **Published:** May 31, 2010 **Author:** Gwen Kahler **Content:** A victim from rural Pennsylvania who goes by the pseudonym “Amy,” for example, has received $231,102.28 from nine defendants so far, said her attorney, James M. Marsh. The money is paying for therapy for Amy, now 20, who lives with her parents and is on public assistance. The attorney said his client is hoping to buy a house with some of the money, which would be a step forward for her. Seeking restitution has helped Amy become stronger, Marsh said. “She really feels empowered by what is happening and that she is no longer a victim,” Marsh said. “She is someone who has really taken control of her life.” Amy, whose uncle abused her on camera between ages 4 and 9, is depicted in the widely distributed “Misty series.” She is represented by New York-based defense lawyer Marsh, who receives e-mail notifications when his client’s images are involved in a criminal case. Marsh said he and Amy initially focused on filing civil lawsuits, but one criminal case led them into a different direction. Seeking money for his client will help her cover therapy costs and pay for her living expenses because he says she is too distressed to work. Marsh said Amy first opted to seek restitution against Alan Hesketh, a British citizen and former vice president of a pharmaceutical company in New York. “The basic reason we chose restitution is because Hesketh was a foreign national,” Marsh said. “We had information that most of his assets were overseas. We knew a civil case would take two to three years, so by the time the court would levy any sort of judgment on him, his assets would be out of our reach.” Marsh said he is seeking about $3.3 million in total for his client under the Mandatory Restitution for Sex crimes section of the Violence Against Women Act of 1994. The attorney is asking for the money under the concept of “joint and several liability,” which means each person who has been ordered restitution is liable for up to the total amount. “Once we reach the amount we’ve been requesting, we will no longer be pursuing restitution and we’d no longer be able to pursue restitution,” Marsh said. Marsh said he has filed 400 restitution requests in the last year and is monitoring about 1,000 cases. “We are carefully picking and choosing the kinds of cases that we’re seriously pursuing,” Marsh said. Marsh said he has discovered that federal judges rarely handle crimes involving individual victims of violent sex crimes and most haven’t seen the evidence – the images themselves – in child pornography cases. The attorney has experts available to testify and a restitution request packet that he sends to assistant U.S. attorneys that explains the request and the law. “The packet we send tries to do both of those things – educate the judges about restitution and what it means to receive restitution. It’s a fairly significant effort,” Marsh said. Marsh said both Wisconsin and Arizona have provided notice to his client about her images being involved in criminal cases there. While the lawyer said he is following cases in both states, none of the cases has concluded and Marsh still is trying to figure out the dynamics of the law. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Restitution --- ### [Prosecutors pursue restitution for child-exploitation victims](https://www.jamesmarshlaw.com/prosecutors-pursue-restitution-for-child-exploitation-victims/) **Published:** June 29, 2010 **Author:** Gwen Kahler **Content:** But not everyone agrees on exactly who should be ordered to pay restitution: Should it be limited to the person who produced the pornography, or should people who possess the images be required to pay? New York attorney James R. Marsh thinks it should be both. He represents a woman, now 21, who goes publicly by the pseudonym “Amy.” She is the subject in one of the most actively traded child-pornography series, known as the “Misty series.” Amy was 8 years old when she was victimized. Marsh has made more than 400 requests for restitution for his client since September 2008. Marsh hired experts ranging from a psychologist to a forensic economist, who put a price tag on the impact the pornography made on Amy. It includes past and future lost wages and future therapy expenses, but does not account for such factors as pain and suffering or emotional damages, he said. The expert calculation: nearly $3.4 million. That’s a global figure, meaning once Amy has received that amount from the combination of all cases, she will stop seeking restitution. So far, Amy has received about $236,100 from 10 defendants, he said. Marsh has made multiple requests with the U.S. Attorney’s Office for the Middle District of Florida for restitution for his client. But the office has taken the position that Amy isn’t eligible, he said. Some people, such as Marsh, think child-pornography victims are harmed by both the producers and possessors. “The victimization of my client goes on because the demand for these images are so great. Because the demand for these images are so great, she will continue to be victimized endlessly,” he said. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Restitution --- ### [Online Viewer of Child Pornography Ordered to Pay Restitution to the Victim](https://www.jamesmarshlaw.com/online-viewer-of-child-pornography-ordered-to-pay-restitution-to-the-victim/) **Published:** August 11, 2010 **Author:** Gwen Kahler **Content:** A man caught with pornographic images of a girl being sexually abused by her uncle has been ordered to pay restitution of nearly $50,000 to the victim, even though the defendant was a viewer of illegal images collected from the Internet who has never met the uncle or the girl. Northern District of New York Judge Gary L. Sharpe decided that a mere “consumer” of child pornography is culpable to some degree for the emotional and psychological damage suffered by sex abuse victims under 18 U.S.C. §2259(b)(1), which allows awarding compensation for the “care required to address the long term effects of their \[victims’\] abuse.” While federal courts, including those in the 2nd U.S. Circuit Court of Appeals, have upheld restitution in instances where contact between children and their abusers provided the requisite causation under U.S.C. §2259, a “more difficult question” for federal courts has been in cases involving the absence of direct causation between a victim’s injuries and a pornographer’s actions, Sharpe ruled in United States v. Aumais, 08-cr-711 Before sentencing, the U.S. government sought restitution for Amy, a request that was joined by her attorney, James R. Marsh. Marsh said authorities have now interceded in more than 500 cases seeking restitution for Amy. Under the federal Crime Victims’ Rights Act of 2004, government prosecutors in most cases must pursue restitution claims if children who are victims of sex crimes request they do so. “We’re very happy with this decision,” Marsh said Tuesday. “The magistrate judge made a very well-reasoned analysis of the proximate cause issue. We were disappointed about his finding on the future wages issue.” Told of Primomo’s plan to appeal, Marsh, who has expanded his New York firm to deal with child pornography restitution cases, said he welcomed the appeal. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Restitution --- ### [Child porn victims heard](https://www.jamesmarshlaw.com/child-porn-victims-heard/) **Published:** August 23, 2010 **Author:** Gwen Kahler **Content:** But New York attorney James Marsh notes one of his clients, a young woman known only as Amy, has provided a statement “in well over 500 criminal cases.” The statement “not only expresses the often-devastating effect of a crime on a victim, but in cases like child pornography — where the victims are young and all but invisible to the court — (it) really empowers a victim like Amy in what is otherwise seen as a so-called victimless crime.” Amy’s words, written at age 19, recount a life scarred by a family member’s sexual abuse starting when she was 4. That experience “destroyed the normal childhood, teenage years and early adulthood that every one deserves,” Amy said in a four-page account. “Every day of my life I live in constant fear that someone will see my pictures and recognize me and that I will be humiliated all over again. “It hurts me to know someone is looking at them — at me — when I was just a little girl being abused for the camera.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News --- ### [EXCLUSIVE: Pedophiles Find a Home for Social Networking -- on Facebook](https://www.jamesmarshlaw.com/exclusive-pedophiles-find-a-home-for-social-networking-on-facebook/) **Published:** September 28, 2010 **Author:** Gwen Kahler **Content:** James Marsh, an attorney who represents victims of child sexual exploitation, says Facebook must do more than just what is required by law. “Facebook has a moral and public duty to monitor and stop this activity on their site. Hiding behind legal technicalities is not enough to be a good corporate citizen in the digital age,” Marsh said. “Facebook needs to put children ahead of profits and do what Congress and the American people expect — protect our kids from criminals like NAMBLA.” Hemanshu Nigam, co-chairman of President Obama’s Online Safety Technology Working Group and a member of the board of the National Center for Missing and Exploited Children, agrees. “Every company has the ability to disable certain sites from being linked to, and Facebook can make a very simple decision to not allow people from Facebook from linking to NAMBLA.org,” Nigam said. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News --- ### [Child porn victims seek multimillion-dollar payouts](https://www.jamesmarshlaw.com/child-porn-victims-seek-multimillion-dollar-payouts/) **Published:** November 2, 2010 **Author:** Gwen Kahler **Content:** “Each and every redistribution of the images causes a distinct injury to the victim,” Marsh told The Register. “It’s a very deliberate act that they choose when they go seek images of my client out.” Marsh and other child victim advocates argue that the requirement to prove the convicted person proximately caused the damages, applies only to this last catchall item. The other losses need only be established by a preponderance of the evidence, which is almost always satisfied by a conviction that includes one or more images of the victim. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Restitution --- ### [More trouble for Amazon, this time with photos - Amazon sells books and videos containing images of children in possible sexual situations](https://www.jamesmarshlaw.com/more-trouble-for-amazon-this-time-with-photos-amazon-sells-books-and-videos-containing-images-of-children-in-possible-sexual-situations/) **Published:** November 11, 2010 **Author:** Gwen Kahler **Content:** “What the law has upheld is that nudity alone is not enough to prove that something is child pornography,” said lawyer James Marsh, one of Flatley’s teammates in the fight for Masha’s Law. Marsh represents victims in child pornography cases and blogs about these issues at childlaw.us. Amazon would never have sold material like the pornographic photos of Masha; however, as Marsh pointed out to me, the site currently lists a lascivious “true crime” book, for sale by four used-bookstore partners, about Masha’s case, written by Peter Sotos, a man who once pleaded guilty to a child pornography charge. Listing a book and selling pictures and videos are clearly separate acts, as is the difference between a simple baby picture and true child pornography. What people now want to know is this: Where does the line get drawn? And who gets to draw that line? “There’s a real disconnect on what the true nature of child porn is,” Marsh said. “99.9999 percent of the material I deal with features pre-pubescent children being raped … the most graphic hardcore images you can imagine. People think downloading a picture of a baby in a bathtub is going to send them to prison. That’s not what we’re talking about.” But there is a fine line. When it comes to young girls in swimsuits, Marsh mentioned the case of a child model group in Florida that was successfully shut down, because despite the lack of sexual abuse in the imagery, the photos focused on sexual aspects of the children. “There are complicated legal tests that courts need to engage in to determine what is or isn’t legal,” he explained. And what about the nudist videos? “We do see a big overlap between the child molesters and the so-called naturists. We have at least a couple of documented cases of public naturist advocates actually adopting and sexually abusing children for the purposes of child pornography.” He cites the ‘”notorious” case of William Peckenpaugh, a naturist in Washington state who adopted an orphan boy from Romania and abused him sexually, distributing images of him online. He also says that people in Eastern European countries, Belarus and Ukraine in particular, are known to distribute child pornography, using children who may be “rented” from the countries’ impoverished orphanages. But Marsh also suggests, only half in jest, that maybe some of this is a government front to entrap pedophiles. “How those videos have managed to survive in circulation for years? Careful editing or a government front. Could be either, or both.” As for Amazon – and Facebook, another current target of Marsh’s activism – he says free speech should not be the defense. “It’s not about First Amendment rights,” said Marsh. “It’s about what material a good corporate citizen should be making available to the public. And that’s the kind of decision Amazon should be making.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News --- ### [Texas inmate is part of growing child porn trend that has ruined lives](https://www.jamesmarshlaw.com/texas-inmate-is-part-of-growing-child-porn-trend-that-has-ruined-lives/) **Published:** November 29, 2010 **Author:** Gwen Kahler **Content:** By mid-2009, prosecutors noted, 62 original photos of that woman’s abuse had metastasized online. More than 8,800 versions had surfaced in criminal investigations. The woman’s lawyer, James Marsh of New York City, calls those numbers low; versions have recently been tracked to 40,000 Internet addresses involved in peer-to-peer file-sharing. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News --- ### [Porn victims demanding restitution](https://www.jamesmarshlaw.com/porn-victims-demanding-restitution/) **Published:** February 7, 2011 **Author:** Gwen Kahler **Content:** The attorneys for the victim in the Washington case, solo practitioner James Marsh of White Plains, N.Y., and Paul Cassell, a former federal judge who teaches at the University of Utah S.J. Quinney College of Law, are pressing forward with an appeal in Washington challenging Kessler’s restitution order issued last month. The lawyers filed two appeals on Jan. 25 in the D.C. Circuit – one a direct challenge of Kessler’s order and the other asking the appeals court to order the trial judge to award the full amount of restitution. Calling the case’s legal issues complex and novel, judges Douglas Ginsburg, Judith Rogers and Thomas Griffith agreed to expedite the litigation. The court is scheduled to hear the closely watched dispute on Feb. 7. “The D.C. Circuit has the opportunity here to really frame the law and issue a precedent-setting ruling on how much restitution victims like Amy should get,” Cassell said. “The law is clear that district judges have to award restitution. There’s been a real split of opinion on whether victims like Amy should get the whole figure.” Cassell said it’s unlikely Monzel has the means to cut a check for the full amount of restitution. But, Cassell said, when Monzel is released from custody in a decade and enters the work force, every dollar he pays to the victim will add up. “This isn’t really about the money,” Cassell said. “This is about the principle of protecting the rights of crime victims.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Restitution --- ### [Appeals court ruling in Texas case could ease path for child porn victims to get restitution](https://www.jamesmarshlaw.com/appeals-court-ruling-in-texas-case-could-ease-path-for-child-porn-victims-to-get-restitution/) **Published:** March 25, 2011 **Author:** Gwen Kahler **Content:** HOUSTON – Victims of child pornography around the country could have an easier time getting restitution from those convicted of possessing such images, according to a federal appeals court ruling this week in a Texas case. But legal experts say the issue now may have to be decided by the U.S. Supreme Court because courts throughout the United States are split on how to award such compensation. The 5th U.S. Circuit Court of Appeals on Tuesday ruled that federal restitution law doesn’t generally require victims to specifically detail how an individual defendant has harmed them in order to receive restitution. “It’s a big deal,” Jeff Bellin, a law professor at Southern Methodist University in Dallas, said of the 5th Circuit’s ruling. “This is clearly the most significant victory that proponents of this type of interpretation (of restitution law) have had in the courts so far.” If victims like Amy had to specifically detail all the losses they have suffered as a result of individuals like Paroline, “they would basically get nothing,” said Paul Cassell, one of Amy’s attorneys. Cassell, who also is a law professor at the University of Utah, said individuals like Paroline harm victims simply by viewing images of them. “It’s psychiatric death by a thousand cuts because she is being harmed over and over again by these faceless, nameless criminals who are looking at these images over and over again,” Cassell said. Cassell said about a third of the $3.4 million Amy is asking for, which is paying for lifetime counseling costs and lost income, has already been recovered from other claims around the country. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Paroline, Restitution --- ### [D.C. Circuit: Child Pornography Victim Owed More Restitution](https://www.jamesmarshlaw.com/d-c-circuit-child-pornography-victim-owed-more-restitution/) **Published:** April 19, 2011 **Author:** Gwen Kahler **Content:** A victim in a child pornography case who is seeking nearly $3.3 million in restitution from the man caught with an image of her will get a second chance to try to convince a federal trial judge in Washington to award more than the $5,000 in compensation that was initially ordered. The U.S. Court of Appeals for the D.C. Circuit today vacated the trial judge’s “nominal” $5,000 restitution award and sent the case back to the U.S. District Court for the District of Columbia for further proceedings. Cassell, a lawyer for the victim, said this afternoon that the D.C. Circuit decision widens the divide among federal appellate courts over issues concerning the rights of crime victims. Among other things, Cassell said the decision places an “impossible burden” on crime victims and federal trial judges to sort out the cause of a victim’s harm. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Restitution --- ### [Use of restitution law on behalf of sex abuse victims raises philosophical questions](https://www.jamesmarshlaw.com/use-of-restitution-law-on-behalf-of-sex-abuse-victims-raises-philosophical-questions/) **Published:** May 4, 2011 **Author:** Gwen Kahler **Content:** Aggressively seeking restitution from people who’ve only viewed child porn but haven’t produced or distributed it is a tactic that Warren Richey, writing in The Christian Science Monitor, credited to Amy’s lawyer, James Marsh of White Plains, N.Y. The strategy has split the federal courts, so the litigation will end up at the U.S. Supreme Court. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Restitution --- ### [Battle against 'net child porn sees new front](https://www.jamesmarshlaw.com/battle-against-net-child-porn-sees-new-front/) **Published:** May 15, 2011 **Author:** Gwen Kahler **Content:** Hepburn and James Marsh, a New York attorney who represents a victim in another popular child pornography collection, known as the “Misty” series, have filed dozens of requests for restitution against child pornography defendants nationwide, including several defendants who were prosecuted in the Middle District of Pennsylvania. In December, U.S. District Judge John Jones ruled that the victim in the “Misty” series, who was sexually abused by an uncle at age 8, was entitled to restitution from Michael Brown of Lebanon County. In March, U.S. District Judge Christopher Connor also ordered Ronald Barkley of Harrisburg to pay damages to the “Misty” victim. Federal judges in other states have split on the issue. The “Misty” victim has sought restitution in 22 cases nationwide, according to court papers filed by the U.S. Attorney’s office in Brown’s case. Of those, 15 have been granted and seven have been denied. In both the “Vicky” and “Misty” cases, Hepburn and Marsh have sought damages for the emotional trauma, as well as the cost of past and future counseling and lost wages the women have suffered due to their difficulties in overcoming the trauma to establish a normal life. The amount of the awards has varied greatly, from nominal amounts to hundreds of thousands of dollars. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Restitution --- ### [Court Rejects Restitution for Victim in Porn Case](https://www.jamesmarshlaw.com/court-rejects-restitution-for-victim-in-porn-case/) **Published:** September 8, 2011 **Author:** Gwen Kahler **Content:** A victim of child pornography seeking restitution should not receive court-ordered payments from those who possessed the images but had no hand in creating them, a federal appeals panel ruled Thursday. The young woman, referred to in court papers as Amy, was known as “Misty” in pornographic images created by her uncle. The uncle was convicted and imprisoned on child pornography charges, but the images continue to be widely circulated and downloaded. Since then, Amy’s lawyers have entered pleas in hundreds of child pornography possession cases around the country seeking payment for their client’s lost wages and counseling through federal criminal restitution statutes, asking for more than $3 million in each case. They have submitted nearly 700 of these pleas, and have recovered $345,000 so far. The Second Circuit decision may be the toughest of several recent rulings in cases involving Amy; a decision out of the 11th Circuit upheld the restitution award, while others have denied payment. Paul G. Cassell, a former federal judge and Utah law professor who has joined Amy’s legal team for appellate argument, said that with federal circuits divided, “we are hoping the Supreme Court will step in to resolve the issue and enforce the law as we think it was written – and not impose this impossible burden on crime victims to trace out to each and every defendant what exact percentage of the law was attributable to them.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Restitution --- ### [Restitution sought to care for kids whose moms used them to make porn](https://www.jamesmarshlaw.com/restitution-sought-to-care-for-kids-whose-moms-used-them-to-make-porn/) **Published:** April 2, 2012 **Author:** Gwen Kahler **Content:** Prosecutors and lawyers nationwide have successfully sought restitution orders in child pornography cases under a provision in the 1994 Violence Against Women Act, which allows for such restitution. The law, however, has taken years to catch on. “For about 20 years, it sat there basically unused, mostly because victims of child pornography only recently became aware that they were victims,” said New York attorney James Marsh, founder of the Children’s Law Center in Washington. Marsh said restitution in child pornography cases has been a growing trend in recent years, although he didn’t have numbers. His law firm, for example, has collected more than $2 million in restitution from 100-plus defendants in child pornography cases. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Restitution --- ### [Pricing Amy: Should Those Who Download Child Pornography Pay the Victims?](https://www.jamesmarshlaw.com/pricing-amy-should-those-who-download-child-pornography-pay-the-victims/) **Published:** September 1, 2012 **Author:** Gwen Kahler **Content:** Amy and her lawyer are, however, fighting back. Her battle is part of a series of cases – now wending their way through the federal courts – trying to help the victims of child pornography by seeking financial restitution, not from the perpetrator but from the untold number of people who subsequently download their pornographic images. Amy could be considered the leader in this legal trend. Her pictures are among the most widely traded in the underground world of online child pornography. Under the Crime Victims’ Rights Act, the government must notify Amy and other child pornography victims anytime anyone is arrested by federal authorities for possessing their images. Her attorney, James Marsh of New York City, says his office has received at least 1,500 required notices of federal prosecutions for possession of those images. “The day after we were retained in 2008, we had someone open up all these notices she received in the calendar years 2006 and 2007,” Marsh says. “It took two days just to open the envelopes.” Using the restitution provisions of the Violence Against Women Act, Marsh has begun utilizing the courts to request financial restitution from those convicted of possessing images of Amy’s child sexual abuse. The novel and controversial requests don’t seek to hold possessors responsible for the original exploitation of Amy. Rather, they seek restitution under VAWA, as authorized by the Crime Victims’ Rights Act, for harm done to Amy each time someone downloads her uncle’s pornographic images of her. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Restitution --- ### [In Child Pornography Case, Court Struggles Over How to Compensate Victim](https://www.jamesmarshlaw.com/in-child-pornography-case-court-struggles-over-how-to-compensate-victim/) **Published:** November 7, 2012 **Author:** Gwen Kahler **Content:** In an interview, one of Amy’s attorneys, James Marsh of The Marsh Law Firm, said that he submitted a memorandum dated October 10 asking for the full restitution amount of $3.37 million. As an alternative, Marsh requested a minimum restitution amount of $150,000 in accordance with a law that provides relief to victims of child pornography. Marsh said he was unsure if Kessler failed to receive the memorandum from Assistant U.S. Attorney David Kent. Overall, Marsh said that he was “a little bit perplexed” by Kessler’s memorandum order. “The victim is entitled to the full amount of her losses,” Marsh said. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Restitution --- ### [Texas court case raises question of whether child-porn viewers should pay restitution to rape victim](https://www.jamesmarshlaw.com/texas-court-case-raises-question-of-whether-child-porn-viewers-should-pay-restitution-to-rape-victim/) **Published:** November 14, 2012 **Author:** Gwen Kahler **Content:** In the last four years, Cassell and co-counsel James R. Marsh of New York have filed hundreds of requests for restitution on Amy’s behalf, always asking for about $3.3 million from each viewer, primarily for “future psychological care and future lost income.” With the money she’s already collected, she bought a house, has saved money for her son’s education and undergoes therapy several times a week, said her attorney, James Marsh. She even attended oral arguments at the 5th Circuit several months ago, an experience Marsh said she finds “empowering.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Restitution --- ### [Victims of child pornography seek restitution from men who downloaded and traded horrific images](https://www.jamesmarshlaw.com/victims-of-child-pornography-seek-restitution-from-men-who-downloaded-and-traded-horrific-images/) **Published:** December 27, 2012 **Author:** Gwen Kahler **Content:** New York attorney James R. Marsh, a pioneer in the restitution effort, said more victims do not seek damages because they are afraid and embarrassed. His client, identified in court documents as Amy, was molested repeatedly by her uncle from the age of 4. Images of those attacks have been located on the computers of more than 1,600 defendants. Marsh seeks $3.4 million in lost wages, medical costs, and other damages on behalf of his client. He said he has prevailed in more than 170 rulings totaling about half that amount since 2008. Amy, in her 20s and living in rural Pennsylvania, declined to talk to the Globe. In court papers, she said it is difficult for her to concentrate, study, or keep a job. “I live in constant fear that someone will see my pictures and recognize me, and that I will be humiliated all over again,” she said in a victim impact statement. “It’s hard to describe what it feels like to know that at any moment, anywhere, someone is looking at pictures of me as a little girl being abused by my abuser, and is getting some kind of sick enjoyment for it.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Restitution --- ### [Utahn joins new restitution push for child porn victims](https://www.jamesmarshlaw.com/utahn-joins-new-restitution-push-for-child-porn-victims/) **Published:** February 1, 2013 **Author:** Gwen Kahler **Content:** In a relatively new tactic in Utah, Vicky is asking the court to order Dunn to pay her restitution for the years of therapy she has needed and lost income from the months and years she was unable to work. Among those leading that charge is Paul Cassell, a former federal judge and now a professor at the University of Utah law school who is donating his time on Vicky’s case. Cassell is joined in the legal proceedings by Carol Hepburn, Vicky’s attorney, and James Marsh, a children’s rights lawyer in New York. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Restitution --- ### [Sixth Circuit: Child porn restitution orders must be based on individual culpability](https://www.jamesmarshlaw.com/sixth-circuit-child-porn-restitution-orders-must-be-based-on-individual-culpability/) **Published:** March 1, 2013 **Author:** Gwen Kahler **Content:** Paul Cassell, a criminal law professor at the University of Utah S.J. Quinney College of Law, who filed a brief for amicus Vicky and participated in oral argument, said he’s aware of three pending petitions for certiorari to the U.S. Supreme Court on this issue. “We think that Congress commanded that each defendant is jointly and severally liable for the full amount of their losses as the Fifth Circuit en banc has recently ruled,” Cassell wrote. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Restitution --- ### [Supreme Court to decide case on harm by porn](https://www.jamesmarshlaw.com/supreme-court-to-decide-case-on-harm-by-porn/) **Published:** July 7, 2013 **Author:** Gwen Kahler **Content:** But the attorney for Amy says that the phrase “proximate result” should only apply to the last subsection for “any other losses,” because the phrase does not appear in any other part of the list of losses in the statute. “The goal of restitution is not about the defendant,” said one of Amy’s attorneys, James Marsh, during a lower court hearing on Paroline. “It is about \[making\] the victim whole, restoring the victim to the place she would have been if the crime had not occurred, and clearly the defendant engaged in this crime, and the crime of conviction is possession, and that is what we are here about.” Attorneys for Amy have argued that she is not seeking to double-dip — or collect more than she has asserted as her losses. Once she has collected the $3.4 million she has asked for, Amy would stop filing for restitution, they have said. The attorneys argue that the restitution would be “joint and several” among all defendants, meaning that each defendant is responsible for the full amount until Amy is made whole. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Paroline, Restitution --- ### [Allegations of a botched UVA rape investigation at center of a challenge to the Campus SaVE Act](https://www.jamesmarshlaw.com/allegations-of-a-botched-uva-rape-investigation-at-center-of-a-challenge-to-the-campus-save-act/) **Published:** March 12, 2014 **Author:** Gwen Kahler **Content:** Filed in federal court in Washington, D.C. on March 6, the suit is intended as a landmark civil rights action that could derail the controversial Campus Sexual Violence Elimination (SaVE) Act, according to Doe’s attorney James Marsh. Touted as a major reform turning point by supporters, SaVE pushes more responsibility for preventing sexual assault onto colleges. The new federal law gets some things right, Marsh said “particularly education initiatives aimed at students” but it seriously undermines recent federal efforts to force schools to take a harder line on sexual assault cases. And without the stick of tough federal laws behind them, colleges and universities won’t crack down on sexual violence, said Marsh. There’s just not enough incentive. “The victims’ lobby pales in comparison to the university presidents’ lobby,” he said. “This is our legal recourse.” … The implementation of the Campus SaVE Act loomed, said Marsh, a piece of legislation he said looks like reform, but actually masks big backwards steps in combating college sexual assault – most notably, by eliminating the preponderance standard set forth three years ago by the DOE. It also removes the time limit for colleges to resolve sexual assault cases. So his client is petitioning a judge to force a resolution in the long-stalled federal investigation of UVA’s policy, demanding, in essence, that both the government and the courts square the contradictory regulations now on the books. “We’re trying to make these issues public, get them discussed, to have the Department of Education indicate how they’re going to be proceeding in these cases,” Marsh said. “This is really a test case.” … Marsh said his client’s case – and her long wait for an answer from the government – is evidence that it’s going to take more than that to stop sexual violence on college campuses. The suit is leverage, he said in a fight to push UVA and schools like it to protect women. Without clear rules for handling rape cases, “what can happen is you have a long, slow, wide, and disparate watering down of women’s rights,” said Marsh. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Campus Sexual Assault, News, Title IX --- ### [W&M, U.Va. under investigation for handling of sexual assaults](https://www.jamesmarshlaw.com/wm-u-va-under-investigation-for-handling-of-sexual-assaults/) **Published:** May 1, 2014 **Author:** Gwen Kahler **Content:** James R. Marsh said the department has taken “an inordinate amount of time” to investigate allegations about how the university handled his client’s 2011 rape case. Those complexities are reflected in the suits Marsh filed in March in U.S. District Court in Washington – one seeks to press OCR to hold U.Va. accountable and another action challenges new provisions of the Campus Sexual Violence Elimination (SaVE) Act. Supporters say the SaVE reforms put more responsibility on colleges to stop assaults, but others, including Marsh, contend the changes allow the schools to place a greater burden of proof on victims. The suit, filed under the name Jane Doe, alleges U.Va. officials destroyed or withheld from the sexual assault board key evidence, including photos showing her injuries after she was drugged and raped by another student. Marsh said he is encouraged the Department of Education is investigating a large number of colleges and universities, but “our pending lawsuit seeks to ensure the timeliness and completeness of those investigations.” The government as well as the schools need to be held accountable, he said. “After more than 18 months, our client and other students at U.Va. are left wondering whether or not the university is in compliance with even the basic requirements under Title IX.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Campus Sexual Assault, News, Title IX --- ### [Congress needs to act to allow victims of child sex abuse to recover restitution](https://www.jamesmarshlaw.com/congress-needs-to-act-to-allow-victims-of-child-sex-abuse-to-recover-restitution-2/) **Published:** May 6, 2014 **Author:** Gwen Kahler **Content:** The justices are right in thinking that Congress should revisit the issue. Legislation set to be introduced Wednesday by Sens. Charles E. Schumer (D-N.Y.) and Orrin G. Hatch (R-Utah) seems to be a step in the right direction, with its outline of options for full victim recovery when multiple individuals are involved and giving multiple defendants who have harmed the same victim the ability to sue each other to spread the cost of restitution. The court was clear in its opinion that “the victim should someday collect restitution for all her child pornography losses.” Congress needs to provide the tools to turn that someday into reality. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News, Restitution --- ### [Child Porn Victim Can Sue Anonymously](https://www.jamesmarshlaw.com/child-porn-victim-can-sue-anonymously/) **Published:** May 29, 2014 **Author:** Gwen Kahler **Content:** A victim of child pornography who filed a civil suit against her perpetrator has received approval from a Camden federal judge to proceed under a pseudonym and to withhold her real name and address from the defendant. The plaintiff must disclose her name and address but may designate that information “Attorney’s Eyes Only,” U.S. Magistrate Judge Ann Marie Donio ruled Wednesday in Doe v. Oshrin. The plaintiff’s concerns that her identity would “be spread among pedophiles and child molesters” who would “conceivably attempt to stalk or otherwise revictimize her” are sufficient to outweigh the public’s interest in open judicial proceedings, Donio ruled. Donio said the plaintiff was entitled to proceed under a pseudonym because she established a fear of severe harm, and that the fear was reasonable. The judge then found the fear of severe harm outweighed the public’s interest in open judicial proceedings. Donio found that was the case after examining factors that included the extent to which the litigant’s identity has been kept confidential, the magnitude of public interest in maintaining confidentiality, the level of public interest in access to the litigants’ identities, and whether the litigant’s status as a public figure creates a particularly strong interest in the litigant’s identity. Donio said the plaintiff asserted that disclosure of her identity would result in her continued embarrassment and victimization, and found that making her name public “may inhibit plaintiff’s willingness to pursue her claims.” Plaintiff counsel Alexander Linzer, of the Marsh Law Firm in New York, agreed to a discovery confidentiality order calling for disclosure of the plaintiff’s name and address to Oshrin’s attorney, who is barred from sharing it with his client. ![author avatar](https://www.jamesmarshlaw.com/wp-content/plugins/one-user-avatar/assets/images/wpua-300x300.png) Gwen Kahler [See Full Bio](https://www.jamesmarshlaw.com/author/gwenkahler/) **Categories:** Child Pornography, News --- ### [Three Defendants File Motion to Dismiss in Osteo School Case](https://www.jamesmarshlaw.com/three-defendants-file-motion-to-dismiss-in-osteo-school-case/) **Published:** May 6, 2015 **Author:** James R. Marsh **Content:** Three of the defendants named in a lawsuit against West Virginia School of Osteopathic Medicine have filed a motion to dismiss themselves from the lawsuit. WVSOM then prohibited Rex from not communicating with McGuinness, or from communicating with any student, faculty member or administrator about her case, according to the suit. Rex claims the effect of these restrictions were devastating to her, as she had difficulty attending class, since WVSOM had only two classrooms across the hall from each other and in order for her to attend her classes it was virtually impossible for her to avoid seeing McGuinness and there was no way to ensure that she would have no contact with him. WVSOM violated Title IX by not only failing to minimize the burden on Rex, but by making it worse and allowing McGuinness to roam the campus unrestricted. Rex claims she was punished for filing the sexual assault complaint and was unable to maintain or build a support system or speak with anyone about the rape, its aftermath or her concerns or feelings about it. Because of WVSOM’s conduct, Rex was forced to withdraw from the school and transfer to another medical school, where she had to repeat her entire first year. Rex is seeking compensatory and punitive damages and for injunctive relief requiring WVSOM to change its drug policy and provide advanced drug testing for victims of sexual violence. She is being represented by James R. Marsh and Jennifer Freeman of Marsh Law Firm. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** News --- ### [Senator Gillibrand Continues Fight Against Schools that 'Underplay' Sexual Assaults on Campuses](https://www.jamesmarshlaw.com/senator-gillibrand-continues-fight-against-schools-that-underplay-sexual-assaults-on-campuses/) **Published:** May 1, 2015 **Author:** James R. Marsh **Content:** Sen. Kirsten Gillibrand has been speaking around the state about a bill that was re-introduced in the senate to fight sexual assault on college campuses. After a trip to Elmira earlier in the day, she spent Friday afternoon at Union College. Before the discussion a Skidmore College student met one-on-one with Gillibrand. She said that helped give back the power that she lost when she was raped. “That’s what being a victim of sexual assault does,” said Reina Keifer. “It takes away your power as a person. But organizing this and being invited to this and having the support that I’ve had has really handed me back my empowerment as a young woman on a silver platter.” Skidmore already has a lot of the policies in place that this bill would require, but in Keifer’s case it still wasn’t enough. The sophomore psychology student says she was drugged and raped by another student. The college suspended him for two years, but he can re-apply for entry after the two years. “Essentially what the college is saying is it’s still not worthy of expulsion,” she said. Reina never went to police. She spent a long time convincing herself what happened to her wasn’t a big deal before she spoke out. That feeling and the culture that creates it is exactly what Gillibrand is fighting. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** News, Television, Video --- ### [Student says Skidmore College will Allow her Attacker to Re-apply in Two Years](https://www.jamesmarshlaw.com/student-says-skidmore-college-will-allow-her-attacker-to-re-apply-in-two-years/) **Published:** March 26, 2015 **Author:** James R. Marsh **Content:** It’s been the buzz of the campus for two weeks. Would the school readmit a male student they found responsible for violating its sexual conduct policy? “The student body, alumni, many members of the Skidmore community, have taken a stand that we do not want rapists on our campus,” said Sam Harris, a Skidmore senior. Skidmore College student Reina Kiefer was sexually assaulted last April. She brought it to the attention of the school and they suspended the attacker for a year. But the man wants to come back to Skidmore, so at the end of the one-year suspension, he re-applied. On March 13, hundreds of students held a silent protest and supported Kiefer as she told an administrative panel why her attacker shouldn’t be allowed back. Kiefer is sharing the panel’s decision Thursday, saying the school told her that they will allow the man to re-apply, but only after two years. After Kiefer has graduated. “The school should have expelled him because in my opinion what they’re saying is this doesn’t warrant expulsion. That sexual assault or penetration by incapacitation is not worthy of expulsion, which is problematic,” said Kiefer. Though relieved, Kiefer calls Skidmore’s decision “incomplete.” She vows to continue to raise awareness of sexual assault around campus and around the country. She’s planning to meet with U.S. Senator Kirsten Gillibrand. Kiefer’s attorney, James Marsh, says by email that for “this level of misconduct, the only sanction should be expulsion.” Skidmore College declined our request for an on-camera interview Thursday, but said in an e-mail, that they they “remain firmly committed to maintaining a safe environment for our students and to policies that are fundamentally fair.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Television, Video --- ### [Skidmore Student Found Responsible for Attack Suspended for Additional Two Years](https://www.jamesmarshlaw.com/skidmore-student-found-responsible-for-attack-suspended-for-additional-two-years/) **Published:** March 26, 2015 **Author:** James R. Marsh **Content:** On Wednesday, Kiefer was informed that her attacker would be given a two-year suspension. She said she initially hesitated to share the news. “Then I decided, ‘You know what? These people have been by my side 100 percent this whole time, and I want them to know what’s going on.’ I want them to be a part of this because they’ve been a part of it, and I think it feels good to me to share that.” Kiefer said she was satisfied to know that her attacker would not return to Skidmore during her tenure, but said the two-year suspension feels “incomplete.” “I think in my case, specifically, because I can’t speak for everyone, penetration by incapacitation should be sufficient for expulsion.” Kiefer’s attorney, James Marsh, said with Skidmore’s conclusive determination of the attack, the two-year suspension does not go far enough. “When you have that kind of a conclusive determination with regards to this kind of behavior, the only alternative really is expulsion.” But the campus conversation is not stopping. Marsh said Kiefer’s situation is rather unusual as most victims choose not to go public. “Victims and survivors of sexual assault don’t want their picture in the paper or their name on the radio, so she really has pushed this issue and inspired a change at Skidmore in the way that they handle this.” One student inspired by the protest and level of support for Kiefer is junior Abby Woodhouse. Woodhouse started a Facebook group called “Stand With Survivors.” “I didn’t want that conversation to end once the protest was over, or once this specific trial was over, or once the school released a statement. I wanted to keep this going because it’s bigger than this one case, it’s bigger than Skidmore, it’s bigger than just universities. It’s an issue.” Kiefer said she initially experienced a lack of community in her past two years on campus, but she said that’s no longer true. “I sort of expected 50 people to show up to the hearing and half of them to be my best friends, but instead it just took off as this movement and it was something I never anticipated. And it’s strange to be labeled as an activist without pursuing that purposefully. It sort of just happened.” Kiefer said her next wish is to meet with New York U.S. Senator Kirsten Gillibrand, who has been at the forefront of combating campus sexual assault nationally. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** News, Radio --- ### [Board Makes Decision in Case of Skidmore Student Accused of Sexual Assault](https://www.jamesmarshlaw.com/board-makes-decision-in-case-of-skidmore-student-accused-of-sexual-assault/) **Published:** March 26, 2015 **Author:** James R. Marsh **Content:** The Skidmore student accused of sexually assaulting another student back in April of 2014 will not be allowed to return to the college for several years. The college investigated and found that student had violated the schools sexual and gender based misconduct policy. He was subsequently suspended for a year, and Thursday’s decision means he can’t request to return to Skidmore until 2017. “I want to thank the Administrative Hearing Board for their careful consideration of my case and the seriousness with which they approached this very important decision. Their determination that the responding student cannot request to return to Skidmore until 2017 brings me a tremendous amount of relief and assurance that my remaining time at the college will continue without the stress and fear I have experienced over the past year. I also want to thank the entire Skidmore community for supporting me and bringing so much activism and sensitivity to the issue of campus sexual assault. Together we all really made a difference, not only in my case, but in building a community of mutual respect and understanding. I hope everyone realizes that this is not the end but really just the beginning of making Skidmore a place which treats sexual assault and sexual harassment seriously. It’s everyone’s responsibility to make sure that nothing like this happens again. If you are found responsible for sexual misconduct including penetration by incapacitation you should be expelled. Only by making sexual assault a priority on our campus can we make sure Skidmore’s policies reflect our values,” said Kiefer in a statement released Thursday. “The bottom line with Reina’s case: Skidmore has to change its policies and practices. I know it’s an ongoing process, but this was not a difficult scenario. If you find someone responsible for this level of sexual misconduct, the only sanction should be expulsion. It’s that simple,” said Kiefer’s lawyer, James Marsh. NEWS10 reached out to the college for comment on the decision and received the following statement: “Skidmore College remains firmly committed to maintaining a safe environment for our students and to policies that are fundamentally fair. Federal privacy laws and institutional practice—which are designed to safeguard student confidentiality and the integrity of our hearing process—prohibit public comment on cases that are being handled in the campus conduct system.” ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Television, Video --- ### [Skidmore Denies Readmittance of Student Found Guilty of Sexual Assault](https://www.jamesmarshlaw.com/skidmore-denies-readmittance-of-student-found-guilty-of-sexual-assault/) **Published:** March 26, 2015 **Author:** James R. Marsh **Content:** Skidmore College may not have changed its official policies on handling sexual assaults, but a suspended student who was found to have sexually assaulted a female student last year will not be allowed back on campus in the fall, according to statements released Thursday by the female student and her attorney. The decision comes after a vocal on-campus protest earlier this month that called for the administration to deny readmission to the suspended student. Reina Keifer, a 19-year-old sophomore from Berkeley, Calif., who was sexually assaulted on Skidmore’s campus last year, helped to organize the protest. She said students found guilty of sexual assault should be expelled and not given the opportunity to return to campus. Keifer’s attorney said the student’s suspension from Skidmore was extended by two years, adding the student will have the opportunity for another readmission hearing at the end of that period. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** News --- ### [Skidmore College Blocks Student’s Re-entry](https://www.jamesmarshlaw.com/skidmore-college-blocks-students-re-entry/) **Published:** March 26, 2015 **Author:** James R. Marsh **Content:** A suspended Skidmore College student who was found to have sexually assaulted a female student last year will not return to the school this fall, according to statements released by the victim and her attorney Thursday. Reina Keifer, a 19-year-old sophomore from Berkeley, Calif., was sexually assaulted on the Skidmore campus last year. Unhappy with the college’s handling of the case, she organized a campus protest this month of her attacker’s readmission hearing to Skidmore. The school decided to suspend the male for another two years, at which time it could hold another re-admittance hearing if he chooses, Keifer’s attorney said. Below are statements from Keifer, her attorney and Skidmore College, which declined to confirm its decision, citing student privacy. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** News --- ### [Suspension Extended for Skidmore College Student Accused Of Sexual Assault](https://www.jamesmarshlaw.com/suspension-extended-for-skidmore-college-student-accused-of-sexual-assault/) **Published:** March 26, 2015 **Author:** James R. Marsh **Content:** Statements have been received from Skidmore College student Reina Kiefer, her attorney James R. Marsh, and Skidmore College regarding the school’s Administration Hearing Board’s readmittance hearing involving an unnamed male student who Kiefer accused of sexually assaulting her in early 2014. The male student was suspended for one year and was seeking to be readmitted to the college. No criminal charges have been filed. **Statement from Reina Kiefer:** “I want to thank the Administrative Hearing Board for their careful consideration of my case and the seriousness with which they approached this very important decision. Their determination that the responding student cannot request to return to Skidmore until 2017 brings me a tremendous amount of relief and assurance that my remaining time at the college will continue without the stress and fear I have experienced over the past year. I also want to thank the entire Skidmore community for supporting me and bringing so much activism and sensitivity to the issue of campus sexual assault. Together we all really made a difference, not only in my case, but in building a community of mutual respect and understanding. I hope everyone realizes that this is not the end but really just the beginning of making Skidmore a place which treats sexual assault and sexual harassment seriously. It’s everyone’s responsibility to make sure that nothing like this happens again. If you are found responsible for sexual misconduct including penetration by incapacitation you should be expelled. Only by making sexual assault a priority on our campus can we make sure Skidmore’s policies reflect our values.” **Statement from James R. Marsh, of the Marsh Law Firm:** “The bottom line with Reina’s case: Skidmore has to change its policies and practices. I know it’s an ongoing process, but this was not a difficult scenario. If you find someone responsible for this level of sexual misconduct, the only sanction should be expulsion. It’s that simple.” **Statement from Skidmore College:** Skidmore College remains firmly committed to maintaining a safe environment for our students and to policies that are fundamentally fair. Federal privacy laws and institutional practice—which are designed to safeguard student confidentiality and the integrity of our hearing process—prohibit public comment on cases that are being handled in the campus conduct system. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** News --- ### [Sexual Assault Decision Expected at Skidmore College](https://www.jamesmarshlaw.com/sexual-assault-decision-expected-at-skidmore-college/) **Published:** March 19, 2015 **Author:** James R. Marsh **Content:** The issue of campus sexual violence has reached Skidmore College in Saratoga Springs. During the next week, the school administration is expected to decide whether a male student who was found to have violated the school’s sexual misconduct policy will be allowed to re-enroll. He was suspended for a year amid accusations he raped a female student. Jacob Reiskin, editor-in-chief of the campus newspaper, Skidmore News, said students are calling for the male student to be suspended — but the school’s policy doesn’t require it. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** News, Radio --- ### [Feds Can't Be Sued Over Response to UVA Sex Assault Investigation](https://www.jamesmarshlaw.com/feds-cant-be-sued-over-response-to-uva-sex-assault-investigation/) **Published:** March 24, 2015 **Author:** James R. Marsh **Content:** A former University of Virginia student who claimed she was the victim of a rape on campus cannot sue federal agencies over how they responded to her complaints that the school mishandled its investigation of her allegations, a judge said Tuesday. A former university student identified as Jane Doe in court papers filed complaints against the University of Virginia in June 2012 with the U.S. Department of Health and Human Services and the U.S. Department of Education. She accused the school of violating federal law in responding to her complaint that another student sexually assaulted her in late 2011. A lawyer for Jane Doe, Wendy Murphy of New England School of Law, said in an email that she viewed the ruling as a win because the judge said recent amendments to the federal Clery Act, which requires schools to report information about campus safety policies, didn’t affect Title IX, which addresses discrimination at institutions that receive federal funding. “The victory rests in the fact that Doe’s pending case against UVA will now be resolved by the \[departments of Education and Health and Human Services\] under Title IX standards,” Murphy said. In Jane Doe’s court papers, she argued that the Clery Act amendments changed the way that schools considered sexual assault and harassment claims under Title IX. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** News --- ### [Bring Kelly's Kids Home](https://www.jamesmarshlaw.com/bring-kellys-kids-home/) **Published:** March 16, 2015 **Author:** James R. Marsh **Content:** Where are Kelly Rutherford’s children, you may ask? What if I told you that a Family Court Judge in Los Angeles ripped them from the loving arms of their mother and deported them to a foreign country where neither of their parent’s maintain citizenship? Yes, you heard that right. This is an unprecedented case that defies logic on every level. … This Wednesday, March 18th, Kelly will be in Federal Court with her attorneys, Wendy Murphy and James Marsh to discuss her children’s basic human rights as American citizens. They will discuss their right to live freely in their own country. Since immigration is a federal issue (state courts do not have jurisdiction on immigration matters), Kelly’s team is hopeful that the United States Federal Government will step in and protect the rights of these two American children. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** News --- ### [Skidmore Students Protest Possible Readmission of Accused Rapist](https://www.jamesmarshlaw.com/312/) **Published:** March 13, 2015 **Author:** James R. Marsh **Content:** Hundreds of college students railed in support of a classmate on Friday who is fighting to keep the man who sexually assaulted her from coming back to school. Reina Kiefer is a sophomore at Skidmore College, last year she was sexually assaulted by a classmate. After an investigation, the College determined the man was guilty of violating its sexual misconduct policy and he was suspended for a year.… On Friday, a hearing was held to determine whether the male student who was suspended was ready to be readmitted to the school. So far, a determination has not been made. Before the hearing, hundreds of students, many wearing t-shirts that read, “Suspension is not enough, Don’t graduate rapists” packed the building. They were there to support Kiefer, “I stepped forward because I was tired of not being heard, I see some young women walking around with tape over their mouth and that’s a perfect manifestation of what I felt emotionally this past year, Kiefer told CBS6. Skidmore College found the man guilty of violating its sexual misconduct policy, he has been suspended since last summer but was allowed a re-admittance hearing, “for the administration to allow him to come back would be to say, this happened but it’s acceptable, it’s forgivable, he can come back, he can continue here and graduate, Kiefer says. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Television, Video --- ### [Skidmore Students Hold Silent Protest Before Readmission Hearing](https://www.jamesmarshlaw.com/skidmore-students-hold-silent-protest-before-readmission-hearing/) **Published:** March 13, 2015 **Author:** James R. Marsh **Content:** A show of solidarity was held at Skidmore College on Friday in a silent protest in response to an alleged sexual assault that happened on campus. More than 100 students filled Palamountain Hall for a silent protest. It was to show support and love for Reina Kiefer. The Skidmore sophomore said she was drugged and raped by a fellow student in April 2014. The college investigated and found that student had violated the school’s sexual and gender based misconduct policy. He was subsequently suspended for a year. “There’s absolutely nothing that anyone can say to take away the nightmares, the panic attacks, the anxiety, the depression,” Kiefer said. The college held a readmission hearing on Friday afternoon. It allowed the student to explain why he should be allowed to return. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** Television, Video --- ### [Supporters of Skidmore College Sex Assault Case Victim Reina Keifer Protest Possible Return of Attacker After Suspension](https://www.jamesmarshlaw.com/supporters-of-skidmore-college-sex-assault-case-victim-reina-keifer-protest-possible-return-of-attacker-after-suspension/) **Published:** March 13, 2015 **Author:** James R. Marsh **Content:** Hundreds of green-shirted Skidmore College students staged a dramatic rally Friday to protest their school’s handling of a sexual assault case and to support a victim who spoke publicly about what happened to her. Reina Keifer, a sophomore from Berkeley, Calif., organized the campus action on the issue of sexual violence on college campuses. On a day when her attacker was expected to seek readmission to Skidmore after his one-year suspension, students in a mostly silent vigil lined the hallways of Palamountain Hall, scribbled messages and posted them on a board. Their T-shirts said “Don’t Graduate Rapists.” The show of support moved Keifer to tears as she prepared to attend the readmission hearing. “I am so thankful,” she said. … Appearing with Keifer prior to her attacker’s hearing was her attorney, James Marsh. The victim’s rights lawyer from White Plains represents clients across the country. He said that, in terms of severity, Skidmore’s penalty for Keifer’s abuser was the weakest he had ever seen for what the assailant was found to have done. While the student was suspended for a year and banned from campus, he was permitted to take classes at other schools and transfer class credits, Marsh said. “That just doesn’t happen anymore,” the attorney said. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** News --- ### [Skidmore College Readmission Hearing Draws Large Crowd](https://www.jamesmarshlaw.com/skidmore-college-readmission-hearing-draws-large-crowd/) **Published:** March 13, 2015 **Author:** James R. Marsh **Content:** Students packed Skidmore College’s Palamountain Hall Friday afternoon to stage a silent protest with the hopes of making their message heard loud and clear: Don’t re-admit a student suspended a year ago for sexual misconduct. More than 200 students participated to show their support for senior Reina Keifer while an administrative hearing on whether to re-admit her attacker was taking place in the same building. Following the incident last year, the male student was found in violation of the school’s sexual misconduct policy and suspended for a year. Under the school’s policy, after the year he was entitled to a hearing to be re-admitted, according to Andrea Wise, director of media relations. The administrative board hearing the case has a 10-day period to make its decision. … Kiefer’s attorney, James Marsh, said the student’s suspension is not enough. He said he represents sexual assault victims across the country. Kiefer said she has yet to receive explanation as to why suspension was an appropriate punishment versus expulsion. “I’ve never had a case involving this level of conduct resulting in this level of sanction, or should I say lack of sanction,” Marsh said. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** News --- ### [Child Porn Victim Can Sue Anonymously](https://www.jamesmarshlaw.com/chasing-amy/) **Published:** May 29, 2014 **Author:** James R. Marsh **Content:** A victim of child pornography who filed a civil suit against her perpetrator has received approval from a Camden federal judge to proceed under a pseudonym and to withhold her real name and address from the defendant. The plaintiff must disclose her name and address but may designate that information “Attorney’s Eyes Only,” U.S. Magistrate Judge Ann Marie Donio ruled Wednesday in Doe v. Oshrin. The plaintiff’s concerns that her identity would “be spread among pedophiles and child molesters” who would “conceivably attempt to stalk or otherwise revictimize her” are sufficient to outweigh the public’s interest in open judicial proceedings, Donio ruled. Donio said the plaintiff was entitled to proceed under a pseudonym because she established a fear of severe harm, and that the fear was reasonable. The judge then found the fear of severe harm outweighed the public’s interest in open judicial proceedings. Donio found that was the case after examining factors that included the extent to which the litigant’s identity has been kept confidential, the magnitude of public interest in maintaining confidentiality, the level of public interest in access to the litigants’ identities, and whether the litigant’s status as a public figure creates a particularly strong interest in the litigant’s identity. Donio said the plaintiff asserted that disclosure of her identity would result in her continued embarrassment and victimization, and found that making her name public “may inhibit plaintiff’s willingness to pursue her claims.” Plaintiff counsel Alexander Linzer, of the Marsh Law Firm in New York…agreed to a discovery confidentiality order calling for disclosure of the plaintiff’s name and address to Oshrin’s attorney, who is barred from sharing it with his client. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** News --- ### [Congress needs to act to allow victims of child sex abuse to recover restitution](https://www.jamesmarshlaw.com/congress-needs-to-act-to-allow-victims-of-child-sex-abuse-to-recover-restitution/) **Published:** March 2, 2015 **Author:** James R. Marsh **Content:** The **justices** are right in thinking that Congress should revisit the issue. Legislation set to be introduced Wednesday by Sens. Charles E. Schumer (D-N.Y.) and Orrin G. Hatch (R-Utah) seems to be a step in the right direction, with its outline of options for full victim recovery when multiple individuals are involved and giving multiple defendants who have harmed the same victim the ability to sue each other to spread the cost of restitution. The court was clear in its opinion that “the victim should someday collect restitution for all her child pornography losses.” Congress needs to provide the tools to turn that someday into reality. ![author avatar](https://www.jamesmarshlaw.com/wp-content/uploads/2015/08/James-R.-Marsh.jpg) James R. Marsh Founder James R. Marsh has over 30 years experience advocating for children, victims, and survivors in state and federal trial courts, federal circuit courts across the country, the United States Congress and state legislatures, and the United States Supreme Court. [See Full Bio](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) [Facebook](https://www.facebook.com/marshlawfirm/) [X (Twitter)](https://twitter.com/marshlawfirm) [Instagram](https://www.instagram.com/marshlawfirm/) [YouTube](https://www.youtube.com/channel/UCLkCdHbQh_rHkvJdq-u--Kg) [LinkedIn](https://www.linkedin.com/company/marshlaw) **Categories:** News, Opinion --- ## Pages ### [Welcome to the Marsh Law Firm](https://www.jamesmarshlaw.com/) **Published:** December 21, 2015 **Author:** James R. Marsh --- ### [Child Sexual Abuse Lawyers for Survivors](https://www.jamesmarshlaw.com/practice-areas/child-sexual-abuse/) **Published:** December 8, 2015 **Author:** James R. Marsh **Content:** **Marsh Law Firm’s child sexual abuse lawyers represent survivors seeking accountability and justice for abuse committed during childhood.** Our attorneys have extensive experience helping survivors pursue civil claims and navigate the legal issues that arise when abuse is disclosed, sometimes many years after it occurred. Childhood sexual abuse often remains undisclosed for years. Perpetrators may be people a child knows or trusts, and abuse may occur within institutions or environments where adults have responsibilities for a child’s safety. Survivors may also confront complicated questions about statutes of limitation, available legal remedies, and whether a claim can still be brought. Marsh Law Firm approaches these cases from a survivor-focused and trauma-informed perspective. Our lawyers help survivors understand their legal options and pursue accountability through comprehensive legal representation. Childhood sexual abuse is often referred to as a “silent crime” that thrives in the dark because victims have difficulty disclosing the trauma they endured. Non-offending adults too often fail to protect children in not reporting the abuse, and perpetrators—who are often trusted by the child or known in the community—hide in plain sight as they can continue abuse and manipulation for years. In addition, oftentimes child sexual abuse is not physically apparent; rather, symptoms of sexual abuse may manifest themselves in behavioral and psychological changes that can be misidentified as moodiness or disobedience. For victims, the decision to come forward takes incredible strength and courage. Experts in psychology and sociology, as well as supporting statistics and literature, agree that false accusations of childhood sexual abuse are rare. When a child does disclose abuse, we begin by believing and seeking justice for the victim-survivor. The attorneys at the Marsh Law Firm have extensive experience helping victims and survivors of childhood sexual abuse achieve both criminal and civil justice. Our lawyers help survivors rebuild their lives with dignity and respect through comprehensive legal representation. ## Statutes of Limitation for Childhood Sexual Abuse Claims For many survivors of childhood sexual abuse, the passage of time can be one of the most complicated parts of determining whether legal action is possible. Survivors may not disclose abuse until years or even decades after it occurred. Marsh Law Firm has long advocated for laws that recognize the realities of delayed disclosure and provide survivors a meaningful opportunity to seek justice. The firm’s advocacy continuously addresses how restrictive statutes of limitation can prevent survivors from pursuing otherwise valid claims. A statute of limitation establishes the period in which a lawsuit ordinarily must be filed. But there is **no single deadline that applies to every childhood sexual abuse case**. The applicable time limit depends on the jurisdiction, the particular claim, the survivor’s age and circumstances, and other provisions of law that may extend or affect the filing period. Some states have enacted significant reforms addressing childhood sexual abuse claims, including laws extending filing periods or permitting certain previously expired claims to be brought. New York’s **Child Victims Act**, for example, was enacted after years of efforts to reform the state’s restrictive limitations laws. The law provided a revival opportunity for previously time-barred childhood sexual abuse claims and expanded survivors’ ability to seek accountability through the courts. Importantly, opening the courthouse doors did not eliminate a survivor’s burden of proving a case or lower the applicable standard of care. Other jurisdictions have taken different approaches, which means the viability of an older claim cannot reliably be determined from the age of the claim alone. Our firm’s work routinely requires examination of the law of the state connected to the abuse, including statutory changes and other rules that may affect when a claim must be filed. **Survivors should not assume that their opportunity to pursue a claim has expired simply because the abuse occurred many years ago.** Determining whether a claim is timely requires an individualized analysis of the facts, jurisdiction, defendants, and potentially applicable law. ## Marsh Law Firm’s Advocacy for Statute-of-Limitation Reform Marsh Law Firm’s work on behalf of survivors extends beyond individual cases. The firm has advocated for reforms intended to give survivors of childhood sexual abuse a meaningful opportunity to seek accountability, including advocacy associated with New York’s Child Victims Act. Marsh Law Firm was instrumental in the Act’s passage and as continuing to advocate for survivor-focused legislative reform across the country and in Washington, D.C. The principle underlying that advocacy is straightforward: **the courthouse door should not close before a survivor is able to walk through it.** --- ## Resources for Victims and Survivors [ ![But Who Should I Tell? Questions and answers about seeking help after sexual abuse.](https://www.jamesmarshlaw.com/wp-content/uploads/2022/11/WhoShouldITell.jpg "WhoShouldITell « Marsh Law Firm") ### But Who Should I Tell? Q&A about seeking help after sexual abuse View Resource → ](https://www.jamesmarshlaw.com/wp-content/uploads/2019/08/but_who_should_i_tell_questions_answers_about_seeking_help_after_sexual_abuse.pdf) [ ![It's never your fault The truth about sexual abuse.](https://www.jamesmarshlaw.com/wp-content/uploads/2022/11/ItsNeverYourFault.jpg "ItsNeverYourFault « Marsh Law Firm") ### It’s Never Your Fault the truth about sexual abuse View Resource →](https://www.jamesmarshlaw.com/wp-content/uploads/2019/08/its_never_your_fault_the_truth_about_sexual_abuse.pdf) [ ![Teen Sexual Assault](https://www.jamesmarshlaw.com/wp-content/uploads/2022/11/TeenSexualAssault.jpg "TeenSexualAssault « Marsh Law Firm") ### Teen Sexual Assault information for parents View Resource →](https://www.jamesmarshlaw.com/wp-content/uploads/2019/08/teen_sexual_assault_parents.pdf) [ ![Teen Sexual Assault: Information for Teens](https://www.jamesmarshlaw.com/wp-content/uploads/2022/11/TeenSexualAssaultInfo.jpg "TeenSexualAssaultInfo « Marsh Law Firm") ### Teen Sexual Assault information for teens View Resource →](https://www.jamesmarshlaw.com/wp-content/uploads/2019/07/teen_sexual_assault_teens.pdf) [ ![Why teens don't disclose sexual abuse](https://www.jamesmarshlaw.com/wp-content/uploads/2022/11/WhyTheyDontTell.jpg "WhyTheyDontTell « Marsh Law Firm") ### Why Don’t They Tell teens and sexual assault disclosure View Resource →](https://www.jamesmarshlaw.com/wp-content/uploads/2019/07/why_dont_they_tell_teens_and_sexual_assault_disclosure.pdf) [ ![Caring for Children who have been sexually abused](https://www.jamesmarshlaw.com/wp-content/uploads/2022/11/CaringForKids.jpg "CaringForKids « Marsh Law Firm") ### Caring for Kids what parents need to know about sexual abuse View Resource →](https://www.jamesmarshlaw.com/wp-content/uploads/2015/12/caring_for_kids.pdf) --- --- ### [Campus Sexual Assault Lawyers for Survivors](https://www.jamesmarshlaw.com/practice-areas/campus-sexual-assault/) **Published:** January 21, 2015 **Author:** James R. Marsh **Content:** **Marsh Law Firm’s campus sexual assault lawyers represent survivors at colleges and universities across the country.** We help students navigate campus disciplinary proceedings and appeals, Title IX matters, complaints before the U.S. Department of Education’s Office for Civil Rights (OCR), and civil litigation. Our attorneys have extensive experience representing survivors with sensitivity, discretion, and an understanding of the legal and personal complexities that can follow sexual assault on a college or university campus. The assistance and advice of a qualified legal professional help victims ensure the integrity and fairness of the campus disciplinary process, the thoroughness and appropriateness of the questions asked, and the pros and cons of the myriad of choices—criminal, civil, OCR, state human rights complaints, and disciplinary—for achieving justice. Marsh Law Firm represents survivors of campus sexual assault. We do not represent alleged perpetrators or offender defendants. Our practice is focused on helping survivors understand their legal options and pursue accountability through campus proceedings, administrative complaints, civil litigation, and other available remedies. ## Colleges and Universities Where We Have Represented Survivors Our attorneys have represented survivors in disciplinary proceedings, OCR complaints, or appeals involving colleges and universities, including: - Columbia University - Cornell University - University of Virginia - University of Michigan - Stanford University - Arizona State University - California State University - New York University - New York University Medical School - Temple University - Skidmore College - Sarah Lawrence College - SUNY Stonybrook - Carnegie Mellon University - Pace University - Morgan State University - Bucknell University - West Virginia School of Osteopathic Medicine - SUNY Corning Community College Please [contact us](https://www.jamesmarshlaw.com/contact-us/) if you were raped or sexually assaulted on campus. Our lawyers are experienced with the civil, criminal, OCR, and disciplinary options facing victims and survivors. --- ### [Our Team](https://www.jamesmarshlaw.com/our-team/) **Published:** February 4, 2020 **Author:** James R. Marsh **Content:** ###### Our attorneys possess a variety of skills across many different areas, which enhances outcomes for our clients. Our team is committed to advocating for victims’ rights and is dedicated to seeking justice within the legal system and beyond. ## Attorneys ![](https://www.jamesmarshlaw.com/wp-content/uploads/2026/09/James-R-Marsh-square.png) *Founding Partner* ### James R. Marsh Internationally recognized lawyer, victims’ rights advocate, and CNN commentator. [ ABOUT JAMES ](https://www.jamesmarshlaw.com/meet-the-team/james-r-marsh/) ![](https://www.jamesmarshlaw.com/wp-content/uploads/2023/10/IMG_2776-scaled.jpeg) *Special Counsel* ### Jennifer Freeman Experienced and passionate victims’ rights advocate for women and children. [ ABOUT JENNIFER ](https://www.jamesmarshlaw.com/meet-the-team/jennifer-freeman/) ![](https://www.jamesmarshlaw.com/wp-content/uploads/2022/11/MargaretMabie.jpg) *Partner* ### Margaret E. Mabie Globally recognized advocate, CSAM authority, and media analyst. [ ABOUT MAGGIE ](https://www.jamesmarshlaw.com/our-team/margaret-mabie/) ![](https://www.jamesmarshlaw.com/wp-content/uploads/2025/05/Helene.png) *Partner* ### Helene M. Weiss Experienced victims’ rights advocate for women and children. [ ABOUT HELENE ](https://www.jamesmarshlaw.com/meet-the-team/helene-m-weiss/) ![](https://www.jamesmarshlaw.com/wp-content/uploads/2022/11/RobertYLewis.jpg) *Senior Counsel* ### Robert Y. Lewis Experienced litigator, political reformer, and advocate for children. [ ABOUT BOB ](https://www.jamesmarshlaw.com/meet-the-team/robert-y-lewis/) ![](https://www.jamesmarshlaw.com/wp-content/uploads/2025/05/Gianna.png) *Senior Associate* ### Gianna Elliot Advocate for survivors of sexual abuse and discrimination. [ ABOUT GIANNA ](https://www.jamesmarshlaw.com/our-team/gianna-elliot/) ![](https://www.jamesmarshlaw.com/wp-content/uploads/2023/03/CoriIacopelli.jpg) *Associate* ### Cori Iacopelli Advocate for sexual abuse survivors and women. [ ABOUT CORI ](https://www.jamesmarshlaw.com/cori-iacopelli/) ![](https://www.jamesmarshlaw.com/wp-content/uploads/2025/04/MelissaCabat-1-edited.jpg) *Associate* ### Melissa Cabat Experienced legal professional and champion for justice. [ ABOUT MELISSA ](https://www.jamesmarshlaw.com/our-team/melissa-cabat/) ![](https://www.jamesmarshlaw.com/wp-content/uploads/2025/05/Annie-2025.png) *Associate* ### Annie Bonazzi Advocate for survivors of sexual abuse and discrimination. [ ABOUT ANNIE ](https://www.jamesmarshlaw.com/our-team/annie-bonazzi/) ![](https://www.jamesmarshlaw.com/wp-content/uploads/2026/10/Headshot-KJG.jpg) *Associate Attorney* ### Karson Goggans Former sex crimes prosecutor seeking justice for survivors. [ ABOUT KARSON ](https://www.jamesmarshlaw.com/karson-goggins/) --- ## Professional Staff ![](https://www.jamesmarshlaw.com/wp-content/uploads/2023/11/Chrisna-Bosques.jpg) *Senior Executive Paralegal* ### Chrisna Bosques Passionate human rights advocate and talented administrative professional. [ ABOUT CHRISNA ](https://www.jamesmarshlaw.com/our-team/chrisna-bosques-profile/) --- ### [Karson Goggans](https://www.jamesmarshlaw.com/our-team/karson-goggins/) **Published:** October 11, 2026 **Author:** James R. Marsh **Content:** [![](https://www.jamesmarshlaw.com/wp-content/uploads/2026/10/Headshot-KJG.jpg "Karson Goggins « Marsh Law Firm")](https://www.jamesmarshlaw.com/wp-content/uploads/2026/10/Headshot-KJG.jpg) ## Karson Goggans ###### *Associate Attorney* Karson Goggins is an Associate Attorney at Marsh Law Firm and advocates for survivors of childhood sexual abuse, gender-motivated violence, online exploitation, sextortion, child sexual abuse material, and social media-related harms. Prior to joining Marsh Law Firm, Karson served as a prosecutor with the Suffolk County District Attorney’s Office, where she handled sensitive matters involving domestic violence, sexual misconduct, child abuse, and neglect. ### About Karson Goggans is an Associate Attorney in the New York City office of Marsh Law Firm PLLC. Her practice focuses on representing survivors of childhood sexual abuse, adult sexual abuse, gender-motivated violence, online exploitation, sextortion, child sexual abuse material, and social media-related harms. Karson works closely with survivors and their families to pursue justice by holding individuals, institutions, and corporations accountable for abuse and exploitation. Prior to joining Marsh Law Firm, Karson served as a prosecutor with the Suffolk County District Attorney’s Office. As a member of the Domestic Violence Unit, she prosecuted a broad range of criminal matters involving domestic violence, sexual misconduct, child abuse, and neglect. Through this work, she developed extensive experience in courtroom advocacy while working with victims navigating the criminal justice system. Karson also served on the Biological, Environmental, Animal, Safety Team (BEAST), where she prosecuted offenses involving severe animal cruelty and criminal neglect. Her experience as both a prosecutor and advocate reflects a longstanding commitment to protecting vulnerable populations and advancing justice. Karson earned her Juris Doctor from the Maurice A. Deane School of Law at Hofstra University. During law school, she was selected as a Freedman Social Justice Fellow, dedicating her studies and advocacy to public-interest law and social justice initiatives. She also served as Business Administrator of the Hofstra Trial Advocacy Association and was a founding member and Business Administrator of the Criminal Justice Society. Prior to law school, Karson earned a Master of Arts in Philosophy from Texas Tech University, where she also completed a Certificate in Ethics. Her graduate thesis examined epistemic responsibility in cases involving allegations of sexual misconduct. She earned dual Bachelor of Arts degrees in Philosophy and Sociology from Texas Tech University, with concentrations in Ethics and Criminal Justice. ### Practice Areas - Child Sex Abuse - Adult Sex Abuse - Gender Motivated Violence - Child Pornography / Child Sexual Abuse Material (CSAM) - Title IX Campus Sexual Assault and Discrimination - Crime Victims’ Rights - Online Exploitation - Sextortion - Social Media Harms ### Education ###### **J.D. – Maurice A. Deane School of Law at Hofstra University (2024)** Freedman Social Justice Fellow Hofstra Trial Advocacy Association – Business Administrator Criminal Justice Society – Founding Member & Business Administrator Courtroom Advocates Project – Member ###### **M.A. – Texas Tech University (2021)** Major: Philosophy Certificate in Ethics Thesis: *Epistemic Responsibility in Cases of Sexual Violation Accusations* ###### **B.A. – Texas Tech University (2018)** Dual Major: Philosophy & Sociology Concentrations: Ethics & Criminal Justice ### Jurisdictions Admitted to Practice New York ### Awards & Honors CALI Award for Excellence, Criminal Prosecution Practicum (2024) Public Service Distinction, Highest Level of Pro Bono Service (2024) Best Cross Examination, Peter James Johnson National Civil Rights Competition (2023) ### Presentations and Publications Karson J. Goggans and Daniel Pollack, **Shackled While Pregnant in Prison: An Eighth Amendment Challenge**, *New York Law Journal* (forthcoming). Karson J. Goggans, CLE Presentation, *Gender Roles in Criminal Sentencing*, Theodore Roosevelt American Inn of Court, March 2023. --- ### [Cori Iacopelli](https://www.jamesmarshlaw.com/our-team/cori-iacopelli/) **Published:** March 14, 2023 **Author:** James R. Marsh **Content:** [![](https://www.jamesmarshlaw.com/wp-content/uploads/2023/03/CoriIacopelli.jpg "CoriIacopelli « Marsh Law Firm")](https://www.jamesmarshlaw.com/wp-content/uploads/2023/03/CoriIacopelli.jpg) ## Cori Iacopelli ###### *Associate* Cori Iacopelli is an Associate Attorney in the New York City office of the Marsh Law Firm PLLC. Cori passionately advocates for survivors of sexual abuse and discrimination. Her practice focuses on protecting the rights of survivors and helping her clients secure justice by holding institutions and individual perpetrators accountable for the abuse and trauma they inflicted and enabled. Cori’s practice areas include representing survivors of childhood sexual assault, child pornography, and campus sexual abuse, harassment, and retaliation. ### About Cori Iacopelli is an Associate Attorney in the New York City office of the Marsh Law Firm PLLC. Cori passionately advocates for survivors of sexual abuse and discrimination. Her practice focuses on protecting the rights of survivors and helping her clients secure justice by holding institutions and individual perpetrators accountable for the abuse and trauma that they inflicted and enabled. Cori’s practice areas include representing survivors of childhood sexual assault, child pornography, and campus sexual abuse, harassment, and retaliation. Prior to joining Marsh Law Firm, Cori litigated a broad range of high value personal injury and complex commercial litigation cases. Cori is experienced in all phases of civil and commercial litigation, including trial and appellate practice. Cori earned her Juris Doctorate from New York Law School in Manhattan, New York. In law school, Cori served as the American Bar Association Chair on New York Law School’s Student Bar Association and as a Junior Staff Editor for her school’s Law Review. In addition, Cori was a member of New York Law School’s Mock Trial Team and in 2021, she was the recipient of New York Law School’s Daniel Finkelstein Writing Award, which is awarded to one graduating student each year that displays excellence in researching and writing. Cori earned her bachelor’s degree at SUNY Oswego with *cum laude* honors in Public Justice. ### Practice Areas - Child Sex Abuse - New York Child Victims Act - Child Pornography - Crime Victim’s Rights - Title IX Campus Sexual Assault and Discrimination ### Education **J.D., New York Law School (2021)** New York Law School Law Review, Junior Staff Editor  American Bar Association Chair, New York Law School Student Bar Association  New York Law School Mock Trial Team  Dean’s Leadership Council **B.A. – SUNY Oswego (2016)** Graduated cum laude  Major: Public Justice  Minor: Psychology  Concentration: Human Development ### Jurisdictions Admitted to Practice - New York - Washington D.C. --- ### [The Ultimate Guide to Social Media MDL](https://www.jamesmarshlaw.com/social-media-mdl/) **Published:** July 27, 2024 **Author:** James R. Marsh **Content:** # The Ultimate Guide to Social Media MDL 3047 **Social Media Adolescent Addiction Litigation** Marsh Law Firm represents children, teenagers, young adults, and families pursuing claims involving social media addiction, harmful platform design, online exploitation, sextortion, child sexual abuse material, and other serious injuries associated with social media and online platforms. On November 10, 2022, Marsh Law Firm founder **James R. Marsh was appointed to the Plaintiffs’ Steering Committee** in the federal *Social Media Adolescent Addiction/Personal Injury Products Liability Litigation* pending in the United States District Court for the Northern District of California. The federal proceeding is commonly known as **Social Media MDL 3047**. It includes claims involving products operated by companies associated with Instagram, Facebook, Snapchat, TikTok, and YouTube. Plaintiffs allege that these companies designed and operated products that could encourage compulsive use by children and teenagers while failing to provide adequate warnings about potential risks. ## Follow the Latest Social Media MDL Developments Visit [SocialMediaMDL.com](https://socialmediamdl.com/) for current case updates, litigation analysis, answers to frequently asked questions, and educational resources for families. [☎️ Call 855‑722‑8733 📱](tel:+18557228733)💬 Find Out If Your Family Qualifies Free Confidential Case Review ## Social Media MDL Information ## What Is Social Media MDL 3047? Multidistrict Litigation (“MDL”) is a federal procedure that allows similar lawsuits from around the country to be coordinated before a single federal judge for pretrial proceedings. The formal title of this litigation is *In re: Social Media Adolescent Addiction/Personal Injury Products Liability Litigation*, MDL No. 3047. ## What Do the Lawsuits Allege? Plaintiffs allege that social media companies designed products intended to maximize engagement, increase screen time, and encourage compulsive use among children and teenagers. ## Platforms Involved in the Litigation The litigation includes claims involving Instagram, Facebook, Snapchat, TikTok, and YouTube. ## Social Media Addiction and Design Allegations The lawsuits focus on product design features such as recommendation algorithms, endless scrolling feeds, social validation mechanics, notifications, and other engagement mechanisms that contribute to compulsive use. ## Online Grooming, Sextortion, and Child Sexual Abuse Material For Marsh Law, social media litigation is connected to a much longer history of representing survivors of online sexual exploitation. The firm has worked on internet-facilitated child abuse and exploitation matters since 2005 and has pursued legal reform, restitution, and compensation for survivors whose child sexual abuse images were distributed online. Social media, gaming, and communication platforms can create pathways through which minors encounter strangers, harmful content, sexually explicit material, coercion, or requests to produce child sex abuse images. Potential matters may involve allegations that: - An adult or unknown person contacted a minor online - A person misrepresented their age or identity - A minor was groomed, manipulated, or coerced - Sexual images were requested, produced, or exchanged - Images were used to threaten or control the minor - Money, gifts, or virtual currency were used as leverage - Child sexual abuse material was created, circulated, or redistributed - A platform received reports but failed to respond appropriately These matters are distinct from claims based primarily on compulsive platform use. Online exploitation cases can involve various forms of evidence, defendants, legal theories, jurisdictions, and filing deadlines. Learn more about Marsh Law Firm’s [ work involving online sexual exploitation ](https://www.jamesmarshlaw.com/practice-areas/child-abuse/). ## Scope of the Social Media Litigation - Hundreds of cases filed in federal court - Claims involving multiple major technology platforms - Allegations concerning addiction, mental health harms, sextortion, exploitation, and CSAM - Ongoing bellwether proceedings and expert litigation **Current Status:**Social Media MDL 3047 remains active in the Northern District of California with ongoing bellwether preparation and related proceedings. ## Social Media MDL 3047 Timeline Social Media MDL 3047 has developed through coordinated pleadings, discovery, motions practice, expert proceedings, and bellwether preparation. The following timeline highlights major stages of the federal litigation. 1. ### October 6, 2022: Social Media MDL 3047 Is Established The United States Judicial Panel on Multidistrict Litigation transferred an initial group of cases to the United States District Court for the Northern District of California for coordinated or consolidated pretrial proceedings. The proceeding was assigned MDL No. 3047 and titled *In re: Social Media Adolescent Addiction/Personal Injury Products Liability Litigation*. 2. ### November 10, 2022: Plaintiffs’ Leadership Is Appointed The Court established a leadership structure to coordinate the plaintiffs’ work in the litigation. Marsh Law founder James R. Marsh was appointed to the Plaintiffs’ Steering Committee. 3. ### 2023: The Court Addresses the Initial Pleadings and Legal Claims The parties litigated motions addressing the legal sufficiency of claims asserted against the social media defendants. The Court permitted certain product-design claims to proceed, including allegations involving platform features such as infinite scroll, autoplay, notifications, alerts, the display of likes, and algorithmic recommendations to young users. 4. ### 2024: Discovery and Bellwether Selection Advance The parties continued document discovery, completed plaintiff fact sheets, and proposed cases for possible bellwether proceedings. Bellwether cases were selected to test recurring factual and legal issues. The outcome of one bellwether does not determine the outcome of every individual lawsuit. 5. ### 2025: Expert and Summary-Judgment Proceedings Intensify The litigation moved into extensive expert discovery and dispositive-motion practice. The parties submitted expert reports and briefing concerning platform design defects, general causation, youth mental-health effects, school-related harms, and the admissibility of expert testimony. 6. ### 2026: Bellwether Proceedings and Additional Claims Continue The federal court continued preparing selected cases and claims for bellwether proceedings while addressing expert, evidentiary, and summary-judgment issues. Additional related actions also continued to be transferred into MDL 3047 for coordinated pretrial proceedings. 7. ### August 27, 2026: Meta’s $17.1 Billion Settlement Approved On August 27, 2026, a federal judge approved Meta’s $17.1 billion settlement with 29 state attorneys general. Many families have contacted us asking what this means for their Social Media MDL claims. 8. ### Current Status Social Media MDL 3047 remains active in the Northern District of California. Court schedules, rulings, bellwether proceedings, and other litigation developments in this active landmark litigation occur almost daily. For current developments, visit [ SocialMediaMDL.com](https://socialmediamdl.com/). ## Roblox, Discord, and Child Exploitation Litigation Social Media MDL 3047 focuses primarily on allegations involving Instagram, Facebook, Snapchat, TikTok, and YouTube. However, separate litigation and investigations have emerged involving gaming platforms, communication platforms, and online communities where children and teenagers suffered serious harm and exploitation. Lawsuits involving Roblox, Discord, and Telegram have raised allegations concerning child sexual exploitation, online grooming, sextortion, child sexual abuse material (CSAM), predatory communications, addictive platform features, and failures to implement adequate protections for minors. These claims generally proceed separately from Social Media MDL 3047 but often involve many of the same platform-safety, product-design, and corporate-responsibility issues. ### Roblox Child Exploitation Allegations Roblox is one of the most popular online gaming platforms used by children and teenagers. Litigation involving Roblox has focused on allegations that minors were exposed to online predators, grooming behavior, sexually exploitative communications, sextortion attempts, inappropriate content, virtual-currency manipulation, and other harmful interactions facilitated through the platform. Plaintiffs in Roblox-related cases generally allege that stronger safety measures, moderation systems, age-verification practices, parental controls, and reporting mechanisms could have reduced the risk of exploitation or abuse. Each case depends on its own facts, evidence, and applicable law. ### Telegram and Discord Grooming and Exploitation Claims Telegram and Discord are communication platforms that allow users to interact through private messages, group chats, voice communications, and community servers. Litigation and investigations involving Telegram and Discord have included allegations that minors were exposed to grooming, sextortion, online exploitation, child sexual abuse material, and organized online abuse networks operating through private communities and communications channels. These cases often involve allegations regarding moderation practices, safety tools, reporting systems, account controls, and communications infrastructure. As with all litigation involving online harms, the facts and legal claims vary significantly from case to case. ### Cases Marsh Law Firm Is Evaluating Marsh Law is actively evaluating and accepting cases involving Roblox, Discord, Telegram, and other online platforms where children or teenagers suffered harm through online grooming, sextortion, CSAM, online exploitation, harmful contact with adults, financial coercion involving virtual currencies, or compulsive platform use. Because these matters may proceed through different courts or coordinated proceedings, families should not assume that Roblox or Discord claims are automatically part of Social Media MDL 3047. A case review can help determine which legal options may be available. ## Social Media MDL Frequently Asked Questions ### What is Social Media MDL 3047? Social Media MDL 3047 is the federal multidistrict litigation known as *In re: Social Media Adolescent Addiction/Personal Injury Products Liability Litigation*. The litigation includes claims brought by children, teenagers, young adults, and families who allege that certain social media platforms contributed to addiction, mental health injuries, self-harm, eating disorders, and other harms. ### Is Social Media MDL 3047 a class action lawsuit? No. Social Media MDL 3047 is not a class action. It is a multidistrict litigation (MDL) that coordinates similar lawsuits before one federal court for pretrial proceedings. Each plaintiff generally maintains an individual claim and must establish their own injuries and damages. ### Which social media platforms are involved in the lawsuit? The litigation includes claims involving major social media platforms such as Instagram, Facebook, Snapchat, TikTok, and YouTube. The specific defendants and allegations may vary depending on the individual lawsuit. ### What injuries are alleged in Social Media MDL 3047? Alleged injuries include social media addiction, depression, anxiety, eating disorders, self-harm, suicidal ideation, body-image injuries, sleep disruption, online grooming, sextortion, and exposure to harmful content. Every claim must be evaluated individually based on its facts and evidence. ### Can parents file a Social Media MDL lawsuit on behalf of a child? Parents or legal guardians may be able to pursue legal claims on behalf of a minor child who suffered injuries linked to social media use. Eligibility depends on the child’s circumstances, applicable law, and filing deadlines. ### What is social media addiction? Social media addiction generally refers to compulsive or excessive use of social media platforms that interferes with daily activities, school performance, relationships, sleep, or mental health. Allegations in the litigation focus on whether platform design features encouraged prolonged engagement among younger users. ### What is a bellwether trial in the Social Media MDL? A bellwether trial is a representative case used to help parties evaluate evidence, legal issues, and potential outcomes in large-scale litigation. Bellwether results may influence settlement discussions, but they do not determine the outcome of all cases. ### Are Roblox, Discord, and Telegram included in the social media litigation? While Roblox and Discord are generally not part of the core Social Media MDL 3047 proceedings involving Instagram, Facebook, Snapchat, TikTok, and YouTube, related litigation has emerged involving allegations of child sexual exploitation, grooming, sextortion, addictive platform design, child sexual abuse material (CSAM), and failures to protect minors online. Separate lawsuits have been filed against Roblox, Discord, and Telegram that raise many of the same youth-safety and platform-responsibility issues being examined in broader social media litigation. Marsh Law is actively accepting and evaluating cases involving Roblox, Discord, Telegram, and other online platforms where children or teenagers suffered harm through online exploitation, sextortion, CSAM, grooming, harmful contact with adults, financial coercion involving virtual currencies, or compulsive platform use. ### How do I know if my family may qualify for a lawsuit? Families may wish to speak with an attorney if a child or young adult has experienced serious injuries connected to social media use, including addiction, severe depression, self-harm, eating disorders, online exploitation, sextortion, or other significant harms. A case evaluation can determine whether legal options may be available. ### Why was James R. Marsh appointed to the Plaintiffs’ Steering Committee? James R. Marsh was appointed to the Plaintiffs’ Steering Committee in the Social Media MDL because of his extensive experience representing victims of child exploitation, online abuse, child sexual abuse material (CSAM), and technology-related harms affecting children and teenagers. ### What is the difference between government investigations and Social Media MDL lawsuits? Government investigations typically focus on consumer protection laws, platform practices, and regulatory enforcement. Individual Social Media MDL lawsuits focus on specific injuries suffered by individual users and require proof of causation and damages. The two types of proceedings are separate and may involve different legal issues. ## Speak With a Social Media Harm Attorney [☎️ Call 855‑722‑8733 📱](tel:+18557228733)💬 Find Out If Your Family Qualifies Free Confidential Case Review --- ### [James R. Marsh](https://www.jamesmarshlaw.com/our-team/james-r-marsh/) **Published:** November 3, 2022 **Author:** James R. Marsh **Content:** [![James R Marsh professional picture](https://www.jamesmarshlaw.com/wp-content/uploads/2026/09/SV5_6064_frVBf140-scaled.JPG "SV5_6064_frVBf140 « Marsh Law Firm")](https://www.jamesmarshlaw.com/wp-content/uploads/2026/09/SV5_6064_frVBf140-scaled.JPG) ## James R. Marsh ###### *Founding Partner* **James R. Marsh** is a nationally recognized attorney and advocate for victims of child sexual abuse, online exploitation, trafficking, and institutional abuse. Licensed in New York, the District of Columbia, and his home state of Michigan, James has spent nearly three decades representing survivors in complex litigation involving religious organizations, schools, youth-serving institutions, government entities, the military, and major technology platforms. A graduate of the University of Michigan Law School, he focuses on securing justice, compensation, and accountability for victims while advancing legal reforms that strengthen protections for children and survivors. ### About James R. Marsh is the founder of Marsh Law Firm PLLC and one of the nation’s leading advocates for victims of child sexual abuse, online exploitation, trafficking, and institutional abuse. For more than three decades, he has represented children, victims, and survivors in state and federal courts throughout the United States, as well as before federal circuit courts, Congress, state legislatures, and the United States Supreme Court. In 1996, James founded the Children’s Law Center in Washington, D.C., an organization that has provided free legal representation to more than 50,000 vulnerable and at-risk children. The organization has delivered legal services valued at more than $125 million while helping shape national policies affecting child welfare, abuse prevention, education, mental health, and family stability. James currently serves as Chair of Children’s Justice International, a global nonprofit organization dedicated to advancing justice for victims of child sexual abuse, trafficking, and online sexual exploitation. Through strategic litigation, policy reform, and international partnerships, the organization works to expand access to justice, compensation, and accountability for child victims worldwide. Throughout his career, James has been a driving force behind major victim-rights legislation, including the Amy, Vicky, and Andy Child Pornography Victim Assistance Act, the Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act, the Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA), Masha’s Law, and New York’s Child Victims Act. His advocacy has helped transform the legal landscape for survivors and created new pathways to justice for victims of sexual abuse and exploitation. James argued one of the most significant child-victim restitution cases ever considered by the United States Supreme Court, United States v. Paroline. The Court’s decision led directly to the enactment of the Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018, landmark federal legislation establishing guaranteed restitution and compensation rights for survivors depicted in child sexual abuse material. Today, James is nationally recognized for pioneering litigation involving social media platforms, online exploitation, child sexual abuse material, institutional abuse, and emerging technologies that place children at risk. He represents victims in complex litigation involving major technology companies, online platforms, and organizations whose failures have contributed to the abuse, exploitation, or endangerment of children. A frequent commentator, lecturer, and author, James has appeared in national and international media discussing legal issues affecting children, survivors of abuse, online safety, victim compensation, and accountability for institutions and technology companies. Through his legal practice, public advocacy, and policy work, he remains committed to helping survivors obtain justice, rebuild their lives with dignity, and create lasting reforms that protect future generations. ### Practice Areas - Child Sex Abuse - Child Sex Abuse Material (CSAM) and Online Exploitation - Criminal Restitution - Title IX Sex Discrimination - Campus Sexual Assault and Harassment - Crime Victim’s Rights - Sextortion and Nonconsensual Intimate Images - Federal Tort Claims Act Sexual Abuse - Internet Privacy Law - Children’s Rights - Federal Appeals ### Education **J.D., University of Michigan Law School (1990)** **A.B. – University of Michigan (1987)** Graduated *cum laude* and with distinction ### Certificates **Understanding Trauma: Foundations** by Bessel van der Kolk, M.D. (2019) **The Complexity of Adaptation to Trauma** by Jana Pressley, Psy.D. (2019) **The Nature of Trauma: Developmental Neurobiology, Neuroimaging Research and Effective Intervention** by Bessel van der Kolk, M.D. (2019) **Neurobiology of Trauma Treatment: EMDR and New Research Directions** by Bessel van der Kolk, M.D. (2019) **Adult Attachment Relationships** by Jana Pressley, Psy.D. (2020) **The Roles Intersectionality & Cultural Humility Play When Working with Diverse Client Populations** by Gary Bailey, MSW ACSW (2020) **Trauma Assessment of Children and Adults** by Alexandra Cook, Ph.D. (2021) **Childhood Trauma: Impact and Long-Term Consequences** by Bessel van der Kolk, M.D. (2021) **The Scope of Trauma Treatment: From Acute Interventions to Restoration of Self Experience** by Bessel van der Kolk, M.D. (2022) ### Jurisdictions Admitted to Practice - New York - District of Columbia - Michigan - US District Court – District of Columbia - US District Court – Southern District of New York - US District Court – Eastern District of New York - US District Court – Northern District of New York - US District Court – Western District of New York - First Circuit Court of Appeals - Second Circuit Court of Appeals - Third Circuit Court of Appeals - Fourth Circuit Court of Appeals - Fifth Circuit Court of Appeals - Sixth Circuit Court of Appeals - Seventh Circuit Court of Appeals - Eighth Circuit Court of Appeals - Ninth Circuit Court of Appeals - Tenth Circuit Court of Appeals - Eleventh Circuit Court of Appeals - District of Columbia Circuit Court of Appeals - United States Supreme Court ### Representative Cases *Free Speech Coalition v. Paxton*, No. 23-1122 (United States Supreme Court 2023) *Sims v. Labowitz*, 885 F.3d 254 (4th Cir. 2018) *Rex v. W. Virginia Sch. of Osteopathic Med.*, 119 F. Supp. 3d 542 (S.D.W. Va. 2015) *Doe v. Oshrin*, 2014 WL 2208126 (D.N.J. May 28, 2014) *Paroline v. United States*, 134 S. Ct. 1710 (2014) *United States v. Lundquist*, 2013 WL 4779644 (2nd Cir. Sept. 9, 2013) *Paroline v. United States*, 133 S.Ct. 2886 (U.S. June 27, 2013) *United States v. Cantrelle*, 2013 WL 1624824 (E.D. Cal. April 15, 2013) *United States v. Benoit*, 713 F.3d 1 (10th Cir. April 2, 2013) *In re Amy*, 710 F.3d 985 (9th Cir. March 18, 2013) *United States v. Fast*, 709 F.3d 712 (8th Cir. March 11, 2013) *In re Unknown*, 2012 WL 5839049 (5th Cir. November 19, 2012) *In re Amy Unknown*, 2012 WL 5835827 (5th Cir. November 19, 2012) *United States v. Laraneta*, 2012 WL 5897610 (7th Cir. November 14, 2012) *In re Amy*, 698 F.3d 1151 (9th Cir. October 24, 2012) *In re Unknown*, 697 F.3d 306 (5th Cir. October 01, 2012) *United States v. Burgess*, 684 F.3d 445 (4th Cir. July 11, 2012) *United States v. Olivieri*, 2012 WL 1118763 (D.N.J. April 3, 2012) *In re Unknown*, 668 F.3d 776 (5th Cir. January 25, 2012) *United States v. Lundquist*, 847 F. Supp. 2d 364 (N.D.N.Y. December 14, 2011) *United States v. Aumais*, 656 F.3d 147 (2nd Cir. September 8, 2011) *United States v. O’Brien*, 2011 WL 2133707 (D.M.E. May 26, 2011) *In re Amy Unknown*, 636 F.3d 190 (5th Cir. March 22, 2011) *United States v. Barkley*, 2011 WL 839541 (M.D.P.A. March 7, 2011) *Amy, Victim in Misty Child Pornography Series v. Monzel*, 132 S. Ct. 756 (November 28, 2011) *United States v. Monzel*, 641 F.3d 528 (D.C. Cir. April 19, 2011) *United States v. Covert*, 2011 WL 134060 (W.D.P.A. January 14, 2011) *United States v. Monzel*, 746 F. Supp. 2d 76 (D.D.C. October 22, 2010) *R.S. v. Bd. of Educ. of Hastings-On-Hudson Union Free Sch. Dist.*, 371 F. App’x 231 (2nd Cir. April 9, 2010) *United States v. Church*, 702 F. Supp. 2d 615 (W.D.V.A. February 26, 2010) *United States v. Faxon*, 689 F. Supp. 2d 1344 (S.D.F.L. February 5, 2010) *United States v. Aumais*, 2010 WL 3033821 (N.D.N.Y. January 13, 2010) *In re Amy*, 591 F.3d 792 (5th Cir. December 22, 2009) *An Individual Known to the Defendant as 08MIST096.JPG and 08MIST067.JPG v. Falso*, 2009 WL 4807537 (N.D.N.Y. December 9, 2009) *United States v. Paroline*, 672 F.Supp.2d 781 (E.D.T.X. December 7, 2009) *An Individual Known to the Defendant as 08MIST096.JPG and 08MIST067.JPG v. Falso*, 2009 WL 3838254 (N.D.N.Y. November 16, 2009) *United States v. Staples*, 2009 WL 2827204 (S.D.F.L September 2, 2009) *United States v. Simon*, 2009 WL 2424673 (N.D.C.A. August 7, 2009) *Sauerhaft v. Board of Education of the Hastings-on-Hudson Union Free School District*, 2009 WL 1576467 (S.D.N.Y. June 2, 2009) *Spool v. World Child Int’l Adoption Agency*, 520 F.3d 178 (2d Cir. March 18, 2008) *DePippo v. Kmart Corporation*, 335 B.R. 290 (S.D.N.Y. November 14, 2005) *Pudalov v. Pudalov*, 786 N.Y.S.2d 729 (N.Y.Sup. December 02, 2004) *Tate ex rel. Tate v. Board of Educ. of City School Dist. of Peekskill*, 346 F.Supp.2d 536 (S.D.N.Y. November 29, 2004) *In re J.A.P.*, 749 A.2d 715 (D.C. March 31, 2000) *In re T.K.*, 708 A.2d 1012 (D.C. April 16, 1998) *Matter of New York City Com’r of Social Services on Behalf of Arlene S.*, 617 N.Y.S.2d 826 (N.Y.A.D. 2 Dept. October 17, 1994) *Matter of Commitment of Troy M.*, 595 N.Y.S.2d 640 (N.Y.Fam.Ct. April 30, 1992) *Child with a Disability*, 06-071 (N.Y. S.R.O. 2006) *Child with a Disability*, 05-042 (N.Y. S.R.O. 2005) *Board of Education of the Harrison Central School District*, 04-034 (N.Y. S.R.O. 2004) ### Publications [Trauma-Informed Advocacy](https://www.jamesmarshlaw.com/trauma-informed-advocacy/), *Trial*, August 2022 [The New Amy, Vicky, and Andy Act: A Positive Step Towards Full Restitution for Child Pornography Victims](https://childvictims.us/the-new-amy-vicky-and-andy-act-a-positive-step-towards-full-restitution-for-child-pornography-victims/), *Federal Sentencing Reporter*, Vol. 31, No. 3, pp. 187–194 (2019) *[Not Just “Kiddie Porn” The Significant Harms from Child Pornography Possession](https://www.jamesmarshlaw.com/not-just-kiddie-porn-the-significant-harms-from-child-pornography-possession/)* in *Refining Child Pornography Law: Crime, Language, and Social Consequences*, Carissa Byrne Hessick editor, University of Michigan Press, 2016. [Full Restitution for Child Pornography Victims: The Supreme Court’s Paroline Decision and the Need for a Congressional Response](https://kb.osu.edu/dspace/bitstream/handle/1811/75398/OSJCL_V13N1_005.pdf), *Ohio State Journal of Criminal Law*, 13 Ohio St. J. Crim. L. 5 (2015) [Federal Criminal Restitution for Child Pornography Victims](https://apps.americanbar.org/litigation/committees/childrights/content/articles/fall2014-1014-federal-criminal-restitution-child-pornography-victims.html), *Children’s Rights Litigation*, American Bar Association Section of Litigation, Fall 2014 [Blog](https://www.huffpost.com/author/james-r-marsh "Blog"), The Huffington Post, 2014 [The Case for Full Restitution for Child Pornography Victims](http://www.gwlr.org/2013/12/24/cassell_marsh_christiansen/), *George Washington University Law Review*, Volume 82, Number 1, December 2013 [Child Pornography Restitution Update](https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2348795), *Sex Offender Law Report*, Volume 14, #5, August/September 2013 [Masha’s Law: A Federal Civil Remedy for Child Pornography Victims](https://www.researchgate.net/publication/286928432_Masha's_Law_A_Federal_Civil_Remedy_for_Child_Pornography_Victims), *Syracuse Law Review*, 61 Syracuse L. Rev. 459, 2011 [Recent Judicial Decisions Regarding the Adoption and Safe Families Act](https://dx.doi.org/10.1300/J145v08n04_04), *Adoption Quarterly*, Volume: 8 Issue: 4, 2005 **Adopting a Foster Child in New York**, Adoption Law: Practice and Procedure in the 21st Century, New York State Bar Association, 2004 [Social Work Misconduct May Lead to Liability](https://www.jstor.org/stable/23720834), *Social Work*, Volume: 49 Number: 4, 2004 **Constitutional Rights of Foster Parents to Adopt Foster Children**, *Adoption & Fostering*, Summer 2003 [Recent Developments in Adoption Law](https://www.tandfonline.com/doi/abs/10.1300/J145v06n03_05), *Adoption Quarterly*, Volume: 6 Issue: 3, 2003 **The Federal Government’s Role in Child Welfare – In Plain Language**, Fostering Families Today, 2003 [How Should the Law Respond When Children Die, Or Are Injured, In Foster Care? Even Limited Immunities for Foster Parents Are Dangerous](https://www.findlaw.com/legalblogs/), *FindLaw’s Writ*, March 27, 2003 **The Adoption and Child Welfare Law Reporter**, i-net Publishing Solutions LLC, 2002–2003 **Federal Paternity Proceedings**, Matthew Bender, Disputed Paternity Proceedings, 2002 **Federal Impact on Adoption**, Matthew Bender, Adoption Law and Practice, 2001, 2005 **Legal Notes: USA**, Adoption and Fostering Journal, Volume 26 Number 1, 2002 **DC Adoption and Safe Families Act**, The Children’s Law Center, Inc., CD–ROM and Website, 2000 **Child Welfare Law and Practice in the District of Columbia**, The Children’s Law Center, Inc., 2000 **Issues for Attorneys in Adoption Cases**, The Children’s Law Center, Inc., 1999 **Initial and Shelter Care Hearings: Strategies and Practice Pointers for Attorneys**, The Children’s Law Center, Inc., 1998 **The Pro Bono Adoption Referral Project: Training Manual**, The Children’s Law Center, Inc., 1997 ### Boards and Commissions Member – Montclair State University Child Advocacy and Policy Advisory Board – 2019 to present Member – [Game Over: Commission to Protect Youth Athletes](http://www.nassarcommission.com/) – 2018 to present Board Chair – [CHILD USA](http://childusa.org/) – 2017 to present Founding Board Member – [Children’s Justice Fund](http://childrensjustice.fund/) – 2016 to present Member – [Canadian Centre for Child Protection Victims of Child Sexual Abuse Imagery Working Group](https://protectchildren.ca/app/en/csa_imagery-overview) – 2015 to present Founding Board Member – [Child Redress International](http://www.internationalchildredressproject.com/) – 2015 to present Expert Advisor – [ECPAT International Access to Justice and Remedies Project ](http://www.ecpat.org/wp-content/uploads/2017/07/Barriers-to-Compensation-for-Child_ebook.pdf)– 2015 to 2017 Member – [United States Sentencing Commission Victims Advisory Group](https://www.ussc.gov/new/victims-advisory-group) – December 2012 to December 2018 President – [Children’s Law Center Emeritus Board](http://www.childrenslawcenter.org/our-team/emeritus-board) – 2011 to 2015 Honorary Board Member – [Children’s Health Care is a Legal Duty (CHILD, Inc.)](http://childrenshealthcare.org/) – 1999 to 2017 Founder, President, and Executive Director – [Children’s Law Center](http://www.childrenslawcenter.org/) – 1996 to 2011 Member – ABA Section of Litigation, Children and the Law Committee, Child Welfare Subcommittee – 2001 to 2002 Chair – The Mayor’s Committee on Adoption Law Reform, Washington, DC – 1999 to 2000 Secretary – The Mayor’s Advisory Council on Permanent Homes for Children, Washington, DC – 1999 to 2000 Co-chair – DC Metro Chapter of the National Association of Council for Children – 1997 to 2000 Founder – DC Superior Court Permanency Mediation Project – 1999 to 2000 Member – DC Superior Court Remediation Project Advisory Committee – 1999 to 2000 Member – DC Superior Court Family Division Advisory Rules Committee – 1999 to 2000 Member – DC Superior Court Family Division Model Court Committee – 1999 to 2000 Presenter – Fourth Annual Children’s Initiatives Forum (Washington, DC) – 1999 Member – The Charleston Condominium Board of Directors (Arlington, VA) – 1996 to 2000 ### Fellowships Senior Fellow at the Center for Adoption Research – UMass Medical School – 2002 to 2004 Legislative Fellow for United States Senator Frank Lautenberg – 1993 to 1994 ### Speaker Reviews *What to say about James?:-) A character, an articulate champion for survivors of internet exploitation, again presented a big picture of the legal aspects of the landscape in federal law, past and future, given the passage of the new law. Well informed and entertaining, with the credibility that comes from having been a leader in a handful of lawyers to develop a legal response to a type of crime and impact of such “victimless crimes (not)” that helps provide useful information for the therapists who, understanding the legal terrain, can help guide with understanding the survivor while in therapy with a more informed perspective.* *There are people fighting hard for these survivors! Again, I could have listened to him for much longer, given his entertaining, well informed resources.* *“Wow!! A very informative lecture. It was a high honor to attend a lecture of such magnitude. I know this is a difficult area to speak on, but James was spot on in all areas.”* *“Have been following the work of James Marsh in this area for the past three years because I think there’s a wealth of knowledge to be gleaned from his experiences. Hopefully some of that knowledge can translate to positive changes in my state for child victims. Thank you!”* *“Bring Marsh back for another forum on the Trafficking on children.”* *“I really enjoyed hearing James Marsh speak, he was by far my favorite part of the day.”* *“James Marsh was incredible and should be asked to return.”* *“Bring back Mr. Marsh next year.”* *“The best part of the day was Mr. Marsh’s presentation. He was both informative and entertaining. He kept the atmosphere refreshing.”* *“Great speaker.”* *“Quite revealing and disturbing realities. Great speaker!”* *“Fantastic and engaging.”* *“Fantastic!!!”* *“James Marsh was incredible!”* *“Mr. Marsh was exceptional – information very useful.”* *“I really enjoyed hearing James Marsh speak, he was by far my favorite part of the day.”* *“James Marsh presentation was fantastic!”* *“Loved James Marsh! He was informative but funny and kept me awake!”* *“James Marsh – Wow! What a topic! Very enlightening and his comments and information was an eye opener.”​* *“Awesome.”* ### Lectures **Evolution of First Amendment Jurisprudence** – Panel Speaker – Age Verification Leaders Summit – Heritage Foundation / American Compass / Foundation for American Innovation – Washington, DC (August 6, 2025) **Lifetime of Survivors** – Keynote – [41st Operational Meeting of the INTERPOL Specialists Group on Crimes Against Children](https://conferences.law.stanford.edu/tsrc/) – INTERPOL General Secretariat – Lyon, France (April 14, 2025) **Latest Developments on Children’s Rights Online** – Lightning Talk – [Trust & Safety Research Conference](https://conferences.law.stanford.edu/tsrc/) – Stanford University (September 26, 2024) **Child Sexual Abuse Material: Online Exploitation and Social Media – Addressing the Impact on Victims** – Presenter – [APSAC Colloquium](https://whova.com/embedded/event/5MVwzQfdDRT2zQUwbrxwuf3xZ048U1PbAG@PaOXZ8xU=/) – New Orleans, LA (June 12, 2024) **Standards of Care in Litigation: Proving Your Case** – Presenter — [2024 National AAICAMA Conference](https://www.iacconline.org/rfps/conf24-aaicama-aaicama) and Meeting — Ann Arbor, Michigan (June 5, 2024) **A Victim Centered Approach to Targeting CSAM Offenders** – Panelist – [PIER 24 Tackling Online Harms](https://www.aru.ac.uk/international-policing-and-public-protection-research-institute/events/pier-conference-2024) – London, United Kingdom (May 24, 2024) A Victim Centered Approach to Targeting CSAM Offenders **Luminary Award Dinner** – Keynote Speaker – Chicago Children’s Advocacy Center – Chicago, IL (April 24, 2024) **[Expert Group Meeting on Removal of Child Sexual Abuse Material from the Internet](https://www.unodc.org/unodc/en/justice-and-prison-reform/endvac_egm_csam-removal_june-2023.html) Co-hosted by the United Nations Office on Drugs and Crime and the United Kingdom** – Participant – Vienna, Austria (June 28, 2023) **The Latest on Child Sex Abuse Litigation** – Presenter – Child USA Destination CLE – New Hope, PA (May 5, 2023) This is an embedded [Microsoft Office](https://office.com) presentation, powered by [Office](https://office.com/webapps). **Spring Luncheon** – Keynote Speaker on Sextortion – New York Society for the Prevention of Cruelty to Children – New York, NY (April 27, 2023) **Website/App/Tech Liability Update** – Presenter – National Crime Victims Bar Association Mid-Year Conference – Washington, DC (March 31, 2023) This is an embedded [Microsoft Office](https://office.com) presentation, powered by [Office](https://office.com/webapps). **European Safer Internet Centres and MEP members of the [Intergroup on Children’s Rights in the European Parliament](https://www.europarl.europa.eu/meps/en/intergroup/details/6293/Intergroup%20on%20Children)** – Participant – Brussels, Belgium (October 25, 2022) **Sexual Abuse Litigation and Coverage** – Presenter – Perrin Conferences – New York, New York (October 12, 2022) This is an embedded [Microsoft Office](https://office.com) presentation, powered by [Office](https://office.com/webapps). **Trauma Informed Law Reform: How Masha’s Law Protects Victims from Invasive Litigation** – Presenter – CHILD USA Destination CLE (September 16, 2022) **Federal Legal Remedies for Child Exploitation** — Presenter — Child USA (March 3, 2022) This is an embedded [Microsoft Office](https://office.com) presentation, powered by [Office](https://office.com/webapps). **Litigating Child Pornography and the Online Exploitation of Children** – Presenter – Child USA (December 11, 2020) **Child Pornography Legal Update** — Presenter — National Crime Victims Bar Association Child Sex Abuse Section Annual Meeting — Zoom (November 10, 2020) This is an embedded [Microsoft Office](https://office.com) presentation, powered by [Office](https://office.com/webapps). **Avenues to Civil Damages for Child Sex Abuse and Child Pornography Victims** — Presenter — 2019 National Center for Victims of Crime National Training Institute — Denver, Colorado (December 5, 2019) **Child Trafficking: When the Virtual World Meets Reality** — Presenter — 2019 National AAICAMA Conference and Meeting — Austin, Texas (June 19, 2019) **Trailblazing Restitution for Victims of Child Sexual Abuse Material** — Presenter — Missing and Exploited Children Training Conference — Winnipeg, Manitoba (May 30, 2019) **Lessons Learned – from the University of Michigan Child Advocacy Law Clinic to the United States Supreme Court** — Guest Lecturer — [Center for Child Advocacy at Montclair State University](http://www.montclair.edu/chss/social-work-and-child-advocacy/robert-mccormick-center-child-advocacy-and-policy/) — Montclair, New Jersey (April 10, 2019) **Confronting CM Facilitated by Government, Internet, and in Extra-Familial Activities** — Presenter — Academy on Violence & Abuse Global Health Summit — Tallahassee, Florida (November 29, 2018) **Image Exploitation: Federal Remedies for Child Exploitation in the United States** — Presenter — Third Regional Workshop on Justice for Children in East Asia and the Pacific — Bangkok, Thailand (September 7, 2018) This is an embedded [Microsoft Office](https://office.com) presentation, powered by [Office](https://office.com/webapps). **A Multidisciplinary Approach to Child Pornography on the Internet: Addressing the Impacts on Victims** — Panelist — [APSAC Colloquium](http://www.apsac.org/about-the-colloquium) — New Orleans, Louisiana (June 15, 2018) This is an embedded [Microsoft Office](https://office.com) presentation, powered by [Office](https://office.com/webapps). **A Multidisciplinary Approach to Child Pornography on the Internet: Impact on its Victim** — Guest Lecturer — [Center for Child Advocacy at Montclair State University](http://www.montclair.edu/chss/social-work-and-child-advocacy/robert-mccormick-center-child-advocacy-and-policy/) — Montclair, New Jersey (January 24, 2018) **Online Exploitation: Federal Remedies for Victims of Child Pornography** – Workshop – [36th Annual Michigan Statewide Conference on Child Abuse and Neglect: Prevention, Assessment and Treatment](http://www.canconferenceuofm.org/) – Plymouth, Michigan (October 24, 2017) **Digital Neglect and the Online Abuse of Children** – Keynote Presentation – [36th Annual Michigan Statewide Conference on Child Abuse and Neglect: Prevention, Assessment and Treatment](http://www.canconferenceuofm.org/) – Plymouth, Michigan (October 24, 2017) **A Multidisciplinary Approach to Child Pornography on the Internet: Impact on its Victim** – Workshop – [36th Annual Michigan Statewide Conference on Child Abuse and Neglect: Prevention, Assessment and Treatment](http://www.canconferenceuofm.org/) – Plymouth, Michigan (October 23, 2017) This is an embedded [Microsoft Office](https://office.com) presentation, powered by [Office](https://office.com/webapps). **Full restitution for child pornography victims: the Supreme Court’s Paroline decision and the need for a congressional response** — Lecture — [Children’s and Young People’s Rights in the Digital Age](http://www.lse.ac.uk/media@lse/events/CYPR-IAMCR-2016.aspx) — London School of Economics — London, England (July 26, 2016) **Pursuing Restitution & Justice for Child Pornography Victims** — Keynote Speaker — [Utah Crime Victims Conference: 21st Century Solutions Enhancing Response to Victims](http://www.facebook.com/utahcrimevictimsconference/) — Midway, Utah (April 21, 2016) **Digital Neglect and the Online Abuse of Children** — Lecture — The Passaic County Multidisciplinary Team — Passaic, New Jersey (October 22, 2015) **Representing Child Victims: Promises and Challenges for the 21st Century** — Guest Lecturer — [Center for Child Advocacy at Montclair State University](http://www.montclair.edu/chss/social-work-and-child-advocacy/robert-mccormick-center-child-advocacy-and-policy/) — Montclair, New Jersey (April 8, 2015) **Representing Child Victims, Assessing their Competency, and Working with Parents** — Lecture — Special Victims’ Counsel Seminar — Judge Advocate General’s School — Maxwell Air Force Base, Alabama (January 9, 2015) **Title IX on Campus** — Luncheon Workshop — Denison University — Granville, Ohio (October 10, 2014) **Child Pornography as Child Trafficking** — [Laura C. Harris Symposium](http://denison.edu/series/harris) — Denison University — Granville, Ohio (October 9, 2014) **Pornography** — Feminist Theory Special Guest — Denison University — Granville, Ohio (October 8, 2014) **Restitution for Child Pornography Victims: The Impact of *Paroline v. United States*** — 2014 National Institute — [The National Center for Victims of Crime](http://victimsofcrime.org/training/national-training-institute/) — Miami, Florida (September 17, 2014) **Compensation for Child Pornography Victims** — 19th International Conference & Summit on Violence, Abuse & Trauma — [Institute on Violence, Abuse and Trauma](http://www.ivatcenters.org/trainings-ces-certifications/) — San Diego, California (September 9, 2014) **Providing Legal Services to Child Victims** — Victims’ Legal Counsel Organization Annual Training — United States Marine Corps — San Diego, California (August 26, 2014) **Architecture of a Victims’ Rights Case:  How Amy Made it to the U.S. Supreme Court** — Never Whisper Justice; Demand Victims’ Rights — [National Crime Victim Law Institute Conference](http://law.lclark.edu/centers/national_crime_victim_law_institute/projects/education_and_training/annual_conference/) — Portland, Oregon (June 19, 2014) **Child Pornography: First Report of the Dutch National Rapporteur** — The Twenty First Century Child: New Technologies and New Concerns — [Center for Child Advocacy at Montclair State University Ninth Annual National Conference](http://www.montclair.edu/chss/social-work-and-child-advocacy/robert-mccormick-center-child-advocacy-and-policy/) — Montclair, New Jersey (April 4, 2014) **Compensation for Child Pornography Victims** — The Twenty First Century Child: New Technologies and New Concerns — [Center for Child Advocacy at Montclair State University Ninth Annual National Conference](http://www.montclair.edu/chss/social-work-and-child-advocacy/robert-mccormick-center-child-advocacy-and-policy/) — Montclair, New Jersey (April 4, 2014) **Restitution for Child Pornography Victims** — The Twenty First Century Child: New Technologies and New Concerns — [Prevent Child Abuse Texas](http://preventchildabusetexas.org/) 28th Annual Conference on the Prevention of Child Abuse — San Antonio, Texas (March 3, 2014) **Compensating Victims of Child Pornography and Exploitation** — [31st Annual Conference on Crime Victims’ Issues](http://vanetwork.org/) — Virginia Beach, Virginia (November 22, 2013) **Restitution for Child Pornography Victims** — ICAC Training and Technical Assistance Program — Webinar (August 22, 2013) **Financial Compensation for Victims of Child Pornography** — 14th International Symposium — [World Society of Victimology](http://www.worldsocietyofvictimology.org/) — The Hague, Netherlands (May 23, 2012) **Criminal Restitution for Victims of Child Pornography** — Crimes Against Children: The Multiple Faces of Child Victimization — [Montclair State University Center for Child Advocacy National Conference](http://www.montclair.edu/chss/social-work-and-child-advocacy/robert-mccormick-center-child-advocacy-and-policy/) (April 15, 2011) **Restitution for Victims of Child Pornography** — [Predators, Porn & The Law: America’s Children in the Internet Era](http://lawreview.syr.edu/2011-symposium-predators-porn-and-the-law-americas-children-in-the-internet-era/) — Syracuse University College of Law (April 9, 2011) **Rehabilitation, Incapacitation, Retribution: What is Congress’s Role?** — [Predators, Porn & The Law: America’s Children in the Internet Era](http://lawreview.syr.edu/2011-symposium-predators-porn-and-the-law-americas-children-in-the-internet-era/) — Syracuse University College of Law (April 9, 2011) **Restitution for Victims of Child Exploitation** — [National Crime Victim Bar Association National Conference](http://victimsofcrime.org/our-programs/national-crime-victim-bar-association/conferences) (September 16, 2010) **Child Exploitation and the Child Welfare System** — Connecticut Assistant Attorneys General Retreat (June 14, 2010) **Representing Victims of Child Pornograph**y — [National Crime Victim Bar Association Natinoal Conference](http://victimsofcrime.org/our-programs/national-crime-victim-bar-association/conferences) (June 20, 2007) **The Practice of Child Welfare Law in 2036** — The [University of Michigan Law School Child Advocacy Law Clinic 30th Anniversary Symposium](http://www.law.umich.edu:80/CentersandPrograms/clinical/calc/anniversary/index.htm) (March 31, 2007) **New Developments In Special Education** — Lorman Educational Services (January 24, 2006) **Children’s Legal Rights in New York Public Schools** — Pace Law School (November 21, 2005) **Records Retention Management in the Digital Age: A Key Element in Minimizing Agency and Worker Liability** — National Resource Center for Information Technology in Child Welfare (April 21, 2004) **Document Management: Best Practices and Technology Solutions** — The Child Welfare League of America (November 12, 2003) **Adoption and Kinship Law** — The Child Welfare League of America (July 31, 2003) **Meeting the Special Legal Needs of Children** — The American Bar Association (April 16–17, 2003) **Adoption Law and Policy Update** — The Child Welfare League of America (November 7, 2002) **ASFA Panel Discussion: Following the Yellow Brick Road?** — Twelfth Annual Peirce Warwick Symposium — Gallaudet University — Washington, DC (October 4, 2002) **Preparing Social Workers to Testify in Court** — National Association of Council for Children (September 28, 2002) **Organizing and Running a Children’s Law Center and Pro Bono Child Representation Program** — The American Bar Association Center on Children and the Law 10th National Conference — Washington, DC (June 8, 2002) **Fundamentals of Social Worker Witness Preparation** — District of Columbia Child and Family Service Agency (May 24–28, 2002) **The Adoption and Safe Families Act in the District of Columbia** — The Council for Court Excellence (February 25–May 19, 2000) **Courtroom Skills for Child Welfare Social Workers** — District of Columbia Child and Family Service Agency (May 24–25, 2000) **Permanency Mediation** — The Superior Court of the District of Columbia (May 11, 2000) **Technology Fundamentals for Attorneys** — The Bar Association of the District of Columbia (May 6, 2000) **The District of Columbia Foster Children’s Guardianship Act** — The Children’s Law Center (2001) **Children’s Records Law in the District of Columbia** — Lorman Educational Services (1999–2001) **The District of Columbia Adoption and Safe Families Act (ASFA) and the Courts** — The Council for Court Excellence (2000) **Superior Court of the District of Columbia Adoption and Safe Families Act (ASFA) Training** — The Superior Court of the District of Columbia (2000) **Adoption Subsidy in the District of Columbia** — The District of Columbia Bar Association (1999–2000) **Child Welfare in the District of Columbia in the 21st Century – Steps to Achieving Successful Outcomes in Abuse and Neglect Cases** — Executive Office of the Mayor of the District of Columbia (2000) **Next Steps for Child Welfare Reform in the District of Columbia** — Consortium for Child Welfare Symposium (November 17–18, 1999) **Issues for Attorneys in Adoption Cases** — The Neglect and Delinquency Practice Institute (June 19, 1999) **Mandatory Reporting of Child Abuse and Neglect – Issues for Physicians** — Howard University School of Medicine (1999) **Abuse and Neglect Legal Overview for Men and the Community** — The Urban League (1999) **Social Worker Introductory Training** — The Consortium for Child Welfare (1999) **Adoption in the District of Columbia: Promises and Challenges** — Georgetown Television Children at Risk Series (1998) ### Articles and Publications **[The New Amy, Vicky, and Andy Act: A Positive Step Towards Full Restitution for Child Pornography Victims](https://childvictims.us/the-new-amy-vicky-and-andy-act-a-positive-step-towards-full-restitution-for-child-pornography-victims/)**, *Federal Sentencing Reporter*, Vol. 31, No. 3, pp. 187–194 (2019) **[Full Restitution for Child Pornography Victims: The Supreme Court’s *Paroline* Decision and the Need for a Congressional Response](https://kb.osu.edu/dspace/bitstream/handle/1811/75398/OSJCL_V13N1_005.pdf)**, *Ohio State Journal of Criminal Law*, 13 Ohio St. J. Crim. L. 5 (2015) **[Federal Criminal Restitution for Child Pornography Victims](https://apps.americanbar.org/litigation/committees/childrights/content/articles/fall2014-1014-federal-criminal-restitution-child-pornography-victims.html)**, *Children’s Rights Litigation*, American Bar Association Section of Litigation, Fall 2014 **[Blog](http://www.huffingtonpost.com/james-r-marsh/)**, *The Huffington Post*, 2014 **[The Case for Full Restitution for Child Pornography Victims](http://www.gwlr.org/2013/12/24/cassell_marsh_christiansen/)**, *George Washington University Law Review*, Volume 82, Number 1,  December 2013 **[Child Pornography Restitution Update](https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2348795)**, *Sex Offender Law Report*, Volume 14, #5,  August/September 2013 **[Masha’s Law: A Federal Civil Remedy for Child Pornography Victims](https://www.researchgate.net/publication/286928432_Masha's_Law_A_Federal_Civil_Remedy_for_Child_Pornography_Victims)**, *Syracuse Law Review*, 61 Syracuse L. Rev. 459, 2011 **[Recent Judicial Decisions Regarding the Adoption and Safe Families Act](https://dx.doi.org/10.1300/J145v08n04_04)**, *Adoption Quarterly*, Volume: 8 Issue: 4, 2005 **Adopting a Foster Child in New York**, Adoption Law: Practice and Procedure in the 21st Century, New York State Bar Association, 2004 **[Social Work Misconduct May Lead to Liability](https://www.jstor.org/stable/23720834)**, *Social Work*, Volume: 49 Number: 4, 2004 **Constitutional Rights of Foster Parents to Adopt Foster Children**, *Adoption & Fostering*, Summer 2003 **[Recent Developments in Adoption Law](https://dx.doi.org/10.1300/J145v06n03_05)**, *Adoption Quarterly*, Volume: 6 Issue: 3, 2003 **The Federal Government’s Role in Child Welfare – In Plain Language**, *Fostering Families Today*, 2003 **[How Should the Law Respond When Children Die, Or Are Injured, In Foster Care? Even Limited Immunities for Foster Parents Are Dangerous](http://writ.news.findlaw.com/commentary/20030327_marsh.html)**, *FindLaw’s Writ*, March 27, 2003 **The Adoption and Child Welfare Law Reporter**, i-net Publishing Solutions LLC, 2002–2003 **Federal Paternity Proceedings**, Matthew Bender, *Disputed Paternity Proceedings*, 2002 **Federal Impact on Adoption**, Matthew Bender, *Adoption Law and Practice*, 2001, 2005 **Legal Notes: USA**, *Adoption and Fostering Journal*, Volume 26 Number 1, 2002 **DC Adoption and Safe Families Act**, The Children’s Law Center, Inc., CD–ROM and Website, 2000 **Child Welfare Law and Practice in the District of Columbia**, The Children’s Law Center, Inc., 2000 **Issues for Attorneys in Adoption Cases**, The Children’s Law Center, Inc., 1999 **Initial and Shelter Care Hearings: Strategies and Practice Pointers for Attorneys**, The Children’s Law Center, Inc., 1998 **The Pro Bono Adoption Referral Project: Training Manual**, The Children’s Law Center, Inc., 1997 ### Legislation and Public Policy **Expert Group Meeting on Removal of Child Sexual Abuse Material from the Internet – United Nations Office and Drugs and Crime – Vienna, Austria (June 2023)** UNODC, in partnership with the Government of the United Kingdom, convened an expert group meeting in Vienna on 26-27 June 2023. The objectives of the meeting were to discuss some of the gaps and limitations in current approaches to the problem and to formulate new ways to accomplish the twin goals of removing CSAM images online, linked to a comprehensive strategy to prevent the re-upload of known CSAM. The meeting brought together experts in their individual capacities. Participants included child protection and criminal justice experts, academics, representatives of civil society organizations, the private sector, and financial institutions. **Masha’s Law – Technical Assistance, Drafting, Analysis, and Training – United States Congress** In late 2005, I was instrumental in enhancing the federal civil legal rights of children who are victims of child pornography. Borrowing from intellectual property law, I drafted, introduced, and passed—in just seven months—a update to a forgotten federal law which gives children the right to sue anyone who produces, distributes or possess their pornographic images. This act, called Masha’s Law, provides statutory damages of $150,000 for each violation. **Foster Children’s Guardianship Act of 2000 – Technical Assistance, Drafting, Analysis, Testimony,** and Training – District of Columbia The Foster Children’s Guardianship Act of 2000 was created in response to a pressing need for permanency that traditional legal outcomes did not meet. During the fall of 1999, a mayoral charter committee of guardian ad litems, attorneys, judges, social services professionals, and policy makers met in weekly public sessions to align the District’s law with the needs of the District’s foster children. The result was a new guardianship law which combined well-established legal principles with nationally regarded best practices. **​District of Columbia Family Court Act of 2001 – Technical Assistance – United States Congress** This Congressionally led initiative resulted in the creation of the District of Columbia’s Family Court. **Adoption Voucher Fund Act of 2000 – Technical Assistance, Analysis and Training – District of Columbia** This groundbreaking initiative, funded with federal dollars, provides individuals who are interested in adopting a child under the care of a District of Columbia child welfare agency with vouchers to offset the legal costs associated with the adoption and the costs of the adoption home study. **Adoption and Safe Families Amendment Act of 2000 – Technical Assistance, Analysis, Testimony and Training – District of Columbia** The District of Columbia’s version of the Federal Adoption and Safe Families Act of 2007. **Child in Need of Protection Act of 2000 – Technical Assistance, Analysis and Testimony – District of Columbia** The District of Columbia’s effort to update, revise, and reform child protection and child welfare law. **Kinship Care Amendment Act of 1999 – Analysis – District of Columbia The Family Court Advisory Rules Committee – Superior Court of the District of Columbia Child Abuse and Neglect Attorney Practice Standards 2003 – Technical Assistance, Drafting, and Analysis – District of Columbia** The Family Court Advisory Rules Committee (formerly known as the Family Division Advisory Rules Committee) was established in January 2000 by Eugene N. Hamilton, then Chief Judge of the Superior Court of the District of Columbia. One of the goals of the Committee, then chaired by Judge Kaye K. Christian, formerly Deputy Presiding Judge of the Family Division, was to develop standards of practice for attorneys appointed to represent children and parents in abuse and neglect cases. Following an internal review by the Chief Judge, the practice standards were published for comment. **District of Columbia Safe Passages to Permanency Initiative of 1999 – Technical Assistance – District of Columbia** Provided recommendations regarding Permanency Mediation, Visiting Nurse Program, Child-Centered Basket of Services and Family Group Conferences. Safe Passages was part of the District government’s FY2000 Children and Youth Action Plan which was founder on the premise that, “\[t\]he experiences children encounter as they travel through the major passageways of life dramatically impact where they go, how far they go, and the kind of people they grow up to be.” --- ### [Disclaimers](https://www.jamesmarshlaw.com/disclaimers/) **Published:** March 1, 2015 **Author:** James R. Marsh **Content:** ## Attorney Advertising The information contained in this website and our blogs and affiliated websites ([ChildLaw](http://www.childlaw.us/), [Title IX on Campus](http://www.titleix.us/), [ChildVictims](http://childvictims.us/), [Social Media MDL](https://socialmediamdl.com/)) is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from these sites—clients or otherwise—should act or refrain from acting on the basis of any content included in these sites without seeking the appropriate legal or other professional advice, from an attorney licensed in the recipient’s state, on the particular facts and circumstances at issue. Any information sent to the Marsh Law Firm via Internet e-mail or through our websites and blogs is not secure and is provided on a non-confidential basis. Transmission of information from our websites and blogs does not create an attorney-client relationship between the sender and the Marsh Law Firm, nor is it intended to do so. The transmission of our websites and blogs, in part or in whole, and/or any communication with us via Internet e-mail through our websites and blogs does not constitute or create an attorney-client relationship between us and any recipients. Any e-mail transmitted through our websites and blogs is private only to the extent that any other unencrypted transmission over the Internet is private. If you have concerns regarding this type of communication, please contact us via telephone, mail, or fax. The Marsh Law Firm PLLC is the sole owner of our websites, blogs, and their domain names. Our attorneys are licensed to practice law in New York, Michigan, California, Texas, Kansas, Florida, and Washington, DC. The firm’s main office is located at 31 Hudson Yards, 11th Floor, New York, New York 10001. You can contact us at [212-372-3030](tel:+12123723030) or <help@marsh.law>. --- ## Privacy Notice All information generated by your visit to our law firm website and affiliated sites, including any direct e-mail contact, is private and will not be shared with any other individual or organization except as permitted by attorney ethics rules, laws, and related decisions. --- ## Terms of Service 1. **Firm Website and Affiliated Sites**. The Marsh Law Firm (Firm) website and affiliated sites include all web pages under this site’s domain URL ([ChildLaw](http://www.childlaw.us), [Title IX on Campus](http://www.titleix.us), [ChildVictims](http://childvictims.us/), [Social Media MDL](https://socialmediamdl.com/)) 2. **Use of the Firm Website and Affiliated Sites Constitutes Acceptance.** This Agreement will constitute a binding and enforceable agreement between you (individually and in your individual capacity as an employee, officer, agent, partner, etc. of each organization you represent in connection with any use of the Firm Website) and the Firm. By using the Firm Website and Affiliated Sites, you acknowledge and agree that you have fully read and agree to be bound by the provisions of this Agreement, exactly as if it were printed on paper and signed by you. If you do not agree to be bound by this Agreement in its entirety, then you must immediately stop using the Firm Website and Affiliated Sites. 3. **Business or Employment Use.** When you use the Firm Website and Affiliated Sites in the course of your employment or business, you enter into this Agreement both on your own behalf and in your individual capacity as an employee, officer, agent, partner, etc. of such organization which you represent, and references in this Agreement to “you” shall mean both you as the individual user of the Firm Website and Affiliated Sites, and you in your capacity as a representative of your organization. 4. **Changes to this Agreement.** The Firm may remove, amend, or replace any provision of this Agreement at any time, and, if it does so, will post such changes on this page. 5. **Disclaimer.** You agree to all terms of the Firm’s Disclaimer. 6. **Privacy Policy.** Data and certain other information about you are subject to our Privacy Policy. You agree that you have read and understand the Firm’s Privacy Policy. 7. **Firm Intellectual Property.** All of the Intellectual Property, including, without limitation, all content, text, graphics, video, and sounds on the Firm Website and Affiliated Sites, and all computer code associated therewith, are the valuable proprietary property of the Firm, its licensors and contributors, and are subject to copyright, trademark, and other intellectual property protection. You acknowledge and agree that the Firm has expended substantial time and effort to create the Firm Website and Affiliated Sites, and the Content and Services provided through the Firm Website and Affiliated Sites, and that the Firm exclusively owns or has been licensed by third parties to use and sublicense all rights, title and interest therein and all associated information, content, data, databases, images, and other material. 8. **Assignment.** Your rights and obligations under this Agreement are personal to you and may not be assigned to any other party. 9. **Force Majeure.** The Firm will not, nor will any entity that is part of the Firm, be deemed to be in breach of this Agreement for any failure or delay in performance caused by reasons beyond its reasonable control, including any natural calamity, act of God or a public enemy, act of any military, civil or regulatory authority, change in any law or regulation, disruption or outage of communications, power or other, failure to perform by any supplier or other third party, or any other cause beyond the reasonable control of the Firm (or any entity that is part of the Firm). 10. **Waiver.** The Firm will not, nor will any entity that is part of the Firm, be deemed to have waived any breach by you of this Agreement, except by a written waiver expressly so stating, and such waiver will not be construed as a waiver of subsequent or continued breaches. 11. **Severability.** If any provision of this Agreement is held to be invalid or unenforceable, such invalidity or unenforceability will be limited to the maximum extent permissible, and the other provisions of this Agreement will remain in full force and effect. 12. **Complete Understanding.** This Agreement constitutes the final and complete agreement between the parties regarding the subject matter hereof, and supersedes any prior or contemporaneous communications, representations, or agreements between the parties relating to the subject matter hereof. --- ### SMS/Text Messaging Communications Marsh Law Firm PLLC may communicate with prospective clients, clients, and other authorized contacts by text message regarding consultations, appointment reminders, scheduling, case updates, document requests, and other law-firm-related communications. Message frequency varies based on your interaction with the firm. By voluntarily providing your mobile phone number and expressly opting in, you consent to receive SMS text messages from Marsh Law Firm PLLC regarding the communications described above. **Consent to receive SMS messages is not required to obtain legal services, schedule a consultation, submit information through our website, engage Marsh Law Firm PLLC, or otherwise interact with the firm. Your decision to provide consent, or to withhold or withdraw consent, will not affect your ability to receive legal services from the firm.** Message and data rates may apply. You may opt out of receiving SMS messages at any time by replying **STOP** to any message. You may receive a final confirmation message confirming your opt-out request. For assistance, reply **HELP** or contact us at [212-372-3030](tel:+12123723030) or <help@marsh.law>. SMS consent is not required to obtain legal services, schedule a consultation, submit an inquiry, retain Marsh Law Firm PLLC, or otherwise interact with the firm. By opting in, you confirm that you are the authorized user of the mobile number provided and that you consent to receive the text messages described herein. Mobile information, including phone numbers and SMS consent records, will not be sold, rented, or shared with third parties or affiliates for marketing or promotional purposes. Information may be shared only with service providers acting on our behalf as necessary to facilitate text messaging services and provide legal services. Consent to receive text messages may be revoked at any time by following the opt-out instructions above. --- ### [Contact Us](https://www.jamesmarshlaw.com/contact-us/) **Published:** January 5, 2015 **Author:** James R. Marsh **Content:** Our lawyers help survivors rebuild their lives with dignity and respect through comprehensive legal representation. Contact us today for a free consultation. --- ## New York The Equinox Building 31 Hudson Yards, 11th Floor New York, NY 10001-2170 Phone: [212–372–3030](tel:212-372-3030) Email: [help@marsh.law](mailto:help@marsh.law?subject=Mail%20from%20Our%20Contact%20Page) Fax: 833-210-3336 --- ## Submit Your Case --- ## New York City The Equinox Building 31 Hudson Yards 11th Floor New York, NY 10001–2170 ### Directions to Industrious at Equinox Hudson Yards Our office is in the Equinox Building, located on 33rd Street between 10th and 11th Avenues in the Hudson Yards Plaza. All guests must check in at the security desk using the Office Entrance. Once check-in is complete, guests may proceed to the 11th floor. **MTA New York Subway** The No. 7 Subway is the main conduit to and from Hudson Yards. It connects to Times Square and beyond from an eye-catching new station, located steps from the east lobby across Hudson Park. **MTA Bus Lines** The M34-SBS, M12 & M11 bus lines stop near the building. **Rail** Penn Station is just 2 blocks east between West 31st and West 33rd Streets and 7th and 8th Avenues. MTA Subway: A, C, E, 1, 2, and 3 Rail: Amtrak, LIRR, New Jersey Transit, PATH Buses: M4, M5, M6, M7, M34, and Q42 **Ferry** The Midtown ferry terminal is at West 39th Street and the West Side Highway. **Car** Drivers can park at 10 Hudson Yards, Abington House, and One Hudson Yards, which are all along West 30th Street between 10th and 11th Avenues. **Taxi / Black Car**  The best places for taxi pick up and drop off are by 10 Hudson Yards (10th Avenue and West 30th Street), 30 Hudson Yards (10th Avenue and West 33rd Street), as well as 55 Hudson Yards (West 34th Street and 11th Avenue). **Air** The Air Pegasus Heliport is at West 30th Street and the West Side Highway. **Bike** Hudson River Park along the West Side Highway offers the best approach for bikers, north or south. The nearest CitiBike station is at the Northwest corner of West 34th Street and 11th Avenue. Daily bike storage is available on site. ### Where to Stay at Hudson Yards #### **Pendry Manhattan West** Sophisticated and contemporary luxury, Pendry Manhattan West offers an elegant hotel experience in one of Manhattan’s newest west side developments. Located at 438 West 33rd Street in Manhattan West, the hotel is within easy walking distance of Hudson Yards, Madison Square Garden, Penn Station, and the Javits Center, making it especially convenient for visitors who want both comfort and accessibility. Pendry Manhattan West is known for its understated, design-forward style, blending a relaxed California-inspired aesthetic with polished service and contemporary interiors. Guest rooms are spacious by New York standards and are designed to feel calm and refined, with modern finishes and upscale amenities that support both business and leisure travel. The hotel also offers several notable on-site dining and lounge options, including Zou Zou’s, Chez Zou, Bar Pendry, and Vista Lounge, as well as a 24-hour fitness center for guests. Its location within the Manhattan West development places guests close to shopping, dining, and major west-side destinations while still offering a more elevated, private hotel atmosphere. With its combination of modern luxury, strong service reputation, and excellent West Side location, Pendry Manhattan West is an outstanding option for visitors seeking a premium New York City stay. [Pendry Manhattan West](http://www.pendry.com/manhattan-west/). #### **Equinox Hotel** If you want a truly elevated, wellness-focused luxury experience, Equinox Hotel New York offers one of the most refined and modern hospitality offerings in Manhattan. Located in our building at 33 Hudson Yards, the hotel sits at the center of one of New York City’s newest and most dynamic developments, within immediate proximity to the High Line, the Shops at Hudson Yards, and the Javits Center. Its west-side location provides convenient access to Midtown while offering sweeping views of the Hudson River and the skyline. Designed around the concept of “high performance living,” Equinox Hotel blends luxury accommodations with a comprehensive focus on health, fitness, and restoration. Guest rooms are engineered for optimal rest, featuring soundproofing, blackout systems, and advanced sleep technology that creates a dark, quiet, and temperature-controlled environment. The property offers exceptional amenities, including access to a 60,000-square-foot Equinox fitness club, an expansive spa with advanced treatments such as cryotherapy and infrared sauna, and both indoor and outdoor pools. On-site dining is anchored by Electric Lemon, a rooftop restaurant and bar offering seasonal cuisine and panoramic city views. With its contemporary design, cutting-edge wellness features, and attentive service, Equinox Hotel New York offers a premium option for clients seeking a sophisticated, high-performance stay in New York City. [Equinox Hotels.](http://equinox-hotels.com/nyc/) #### **Marriott Courtyard New York Manhattan/Midtown West** For visitors seeking a comfortable, conveniently located stay, Courtyard New York Manhattan / Midtown West offers a modern, dependable hotel experience near Hudson Yards. Located at 461 West 34th Street at Tenth Avenue, the hotel is ideally positioned within walking distance of the Jacob K. Javits Convention Center, Hudson Yards, Madison Square Garden, and Penn Station. Its location provides easy access to Midtown Manhattan while maintaining proximity to the west side’s growing business and cultural district. The property features spacious, contemporary guest rooms designed for both business and leisure travelers, with soundproofed windows, comfortable bedding, and modern amenities including complimentary Wi‑Fi. On-site amenities include a full-service restaurant and bar, fitness center, business facilities, and meeting space, making it a practical choice for working trips or extended stays. With its combination of location, comfort, and Marriott-backed, reliable service standards, the Courtyard Midtown West offers a straightforward, professional option for clients visiting New York. [Marriott Midtown West](http://www.marriott.com/hotels/travel/nycjj-courtyard-new-york-manhattan-midtown-west/). #### **Moxy NYC Chelsea** Moxy NYC Chelsea offers a modern, well-located boutique hotel experience in the heart of Manhattan. Located at 105 West 28th Street in Chelsea, the Moxy provides convenient access to Midtown, Penn Station, and many of the city’s key business and cultural destinations. The hotel is within walking distance of Madison Square Garden, the High Line, and numerous restaurants and galleries. Moxy NYC Chelsea combines contemporary design with comfort and efficiency. Guest rooms are thoughtfully designed to maximize space and functionality, while the hotel features several on-site amenities, including a rooftop lounge with skyline views, a lobby bar, and casual dining options. With its central location, consistent service standards, and professional atmosphere, the Moxy is a reliable and practical choice for clients traveling to New York for meetings or consultations with our firm. [Moxy NYC Chelsea \| Official Website \| Boutique Hotel](https://moxychelsea.com/) #### **Four Points by Sheraton Manhattan Midtown West** If you are seeking a well-located, reliable hotel, Four Points by Sheraton Manhattan Midtown West offers a comfortable, straightforward stay in the Hudson Yards district. Located at 444 Tenth Avenue at West 35th Street, the hotel is within easy walking distance of the Jacob K. Javits Convention Center, Hudson Yards, the High Line, and Penn Station, providing convenient access to both business and transportation hubs. The property features modern guest rooms designed for comfort and functionality, with amenities such as complimentary Wi‑Fi, workspace desks, and soundproofed windows. Guests also have access to a fitness center, business services, and an on-site restaurant and bar, offering a practical environment for both short visits and working stays. Known for its friendly service and strong location, the Four Points Midtown West provides a dependable and efficient option for clients visiting New York, particularly those with engagements near Hudson Yards or the surrounding Midtown area. [Four Points Manhattan Midtown West](http://www.marriott.com/hotels/travel/nycmf-four-points-manhattan-midtown-west/) #### **The High Line Hotel** For a distinctive and tranquil boutique experience, The High Line Hotel offers a unique stay blending historic character with modern comfort in the Chelsea neighborhood. Located at 180 Tenth Avenue at West 20th Street, the hotel sits just steps from the High Line park and within walking distance of Chelsea Market, Hudson Yards, and numerous galleries and restaurants. Housed within a restored 19th‑century red-brick building that was originally part of the General Theological Seminary, the property preserves its historic architectural character while incorporating contemporary amenities. The hotel’s design features Collegiate Gothic details, vintage furnishings, and curated interiors that reflect its heritage and artistic surroundings. Guest rooms are notably spacious for a boutique hotel and include high ceilings, hardwood floors, and large windows overlooking either the High Line or the hotel’s private garden courtyard. Amenities include complimentary Wi‑Fi, a lobby coffee bar, a bar and lounge, and a landscaped garden that serves as a quiet retreat from the city. With its historic significance, peaceful setting, and unique design, The High Line Hotel offers a memorable and comfortable option for those visiting New York who prefer a more residential, character-driven experience. [The High Line Hotel](http://thehighlinehotel.com/) #### **The Hotel Chelsea** For those seeking a more refined and distinctive stay, The Hotel Chelsea offers one of New York City’s most iconic and luxurious boutique hotel experiences. Located at 222 West 23rd Street in the Chelsea neighborhood of Manhattan, the hotel is centrally positioned with convenient access to Midtown, the Flatiron District, and the High Line. Originally opened in the late 19th century, The Hotel Chelsea has long been recognized as a cultural landmark, historically serving as a residence for artists, writers, and notable figures across generations. Following a comprehensive 2022 renovation, the property has been restored as a luxury boutique hotel that preserves its historic character while offering modern amenities. Guest accommodations are notably spacious by New York standards and feature elegant, apartment-style layouts, marble bathrooms, and carefully curated design elements that reflect the building’s artistic heritage. The hotel also offers a full range of amenities, including multiple on-site restaurants, a lobby bar, and a rooftop spa and fitness center. With its historic significance, distinctive design, and elevated service, The Hotel Chelsea offers a unique, highly comfortable option for clients visiting New York. [Best Hotel In New York \| Hotel Chelsea](https://hotelchelsea.com/) --- ## Los Angeles 1925 Century Park East Suite 1700 Los Angeles, CA 90067 --- ## San Francisco 345 California Street Suite 700 San Francisco, CA 94014 --- ### [Client's Rights and Responsibilities](https://www.jamesmarshlaw.com/clients-rights-and-responsibilities/) **Published:** March 1, 2015 **Author:** James R. Marsh **Content:** ### Pursuant to New York Rules of Court Part 1210 ### Section 1210.1 Posting Every attorney with an office located in the State of New York shall ensure that there is posted in that office, in a manner visible to clients of the attorney, a statement of the client’s rights in the form set forth below. Attorneys in offices that provide legal services without fee may delete from the statement those provisions dealing with fees. The statement shall contain the following: ### Statement of Client’s Rights 1. You are entitled to be treated with courtesy and consideration at all times by your lawyer and the other lawyers and nonlawyer personnel in your lawyer’s office. 2. You are entitled to have your attorney handle your legal matter competently and diligently, in accordance with the highest standards of the profession. If you are not satisfied with how your matter is being handled, you have the right to discharge your attorney and terminate the attorney-client relationship at any time. Court approval may be required in some matters, and your attorney may have a claim against you for the value of services rendered to you up to the point of discharge. 3. You are entitled to your lawyer’s independent professional judgment and undivided loyalty, uncompromised by conflicts of interest. 4. You are entitled to have your questions and concerns addressed promptly and to receive a prompt reply to your letters, telephone calls, emails, faxes, and other communications. 5. You are entitled to be charged reasonable fees and expenses and to have your lawyer explain before or within a reasonable time after commencement of the representation how the fees and expenses will be computed and the manner and frequency of billing. You are entitled to request and receive a written itemized bill from your attorney at reasonable intervals. You may refuse to enter into any arrangement for fees and expenses that you find unsatisfactory. In the event of a fee dispute, you may have the right to seek arbitration; your attorney will provide you with the necessary information regarding arbitration in the event of a fee dispute or upon your request. 6. You are entitled to have your questions and concerns addressed promptly and to receive a prompt reply to your letters, telephone calls, emails, faxes, and other communications. 7. You are entitled to be kept reasonably informed as to the status of your matter and are entitled to have your attorney promptly comply with your reasonable requests for information, including your requests for copies of papers relevant to the matter. You are entitled to sufficient information to allow you to participate meaningfully in the development of your matter and make informed decisions regarding the representation. 8. You are entitled to have your legitimate objectives respected by your attorney. In particular, the decision of whether to settle your matter is yours and not your lawyer’s. Court approval of a settlement is required in some matters. 9. You have the right to privacy in your communications with your lawyer and to have your confidential information preserved by your lawyer to the extent required by law. 10. You are entitled to have your attorney conduct themselves ethically in accordance with the New York Rules of Professional Conduct. 11. You may not be refused representation on the basis of race, creed, color, religion, sex, sexual orientation, age, national origin, or disability. 22 NYCRR §1210.1 --- ### Statement of Client’s Responsibilities *This is an informational statement adopted by the NY State Bar Association* Reciprocal trust, courtesy, and respect are the hallmarks of the attorney-client relationship. Within that relationship, the client looks to the attorney for expertise, education, sound judgment, protection, advocacy, and representation. These expectations can be achieved only if the client fulfills the following responsibilities: 1. The client is expected to treat the lawyer and the lawyer’s staff with courtesy and consideration. 2. The client’s relationship with the lawyer should be one of complete candor, and the client should apprise the lawyer of all facts or circumstances of the matter being handled by the lawyer, even if the client believes that those facts may be detrimental to the client’s cause or unflattering to the client. 3. The client must honor the fee arrangement as agreed to with the lawyer to the extent required by law. 4. All bills tendered to the client for services rendered under the agreed-upon arrangement for fees and expenses should be paid when due. 5. A client who discharges the attorney and terminates the attorney-client relationship must nevertheless honor financial commitments under the agreed-upon arrangement regarding fees and expenses to the extent required by law. 6. Although the client should expect that his or her letters, telephone calls, emails, faxes, and other communications to the lawyer will be answered within a reasonable time, the client should recognize that the lawyer has other clients who may be equally deserving of the lawyer’s time and attention. 7. The client should maintain contact with the lawyer, promptly notify the lawyer of any changes to telephone number, address, email, or other electronic contact information, and promptly respond to the lawyer’s requests for information and cooperation. 8. The client must realize that the lawyer is required to respect only legitimate objectives of the client and that the lawyer will not advocate or propose positions that are unprofessional or contrary to law or the New York Rules of Professional Conduct. 9. The lawyer may decline to accept a matter if the lawyer has prior personal or professional commitments that would prevent the lawyer from devoting adequate time to representing the client competently and diligently. 10. A lawyer is under no obligation to accept a client if the lawyer determines that the cause of the client is without merit, a conflict of interest would exist, or a suitable working relationship with the client is not likely. --- --- ### [Dashboard](https://www.jamesmarshlaw.com/dashboard/) **Published:** July 4, 2026 **Author:** James R. Marsh **Content:** Tempest Test # Tempest API Test ``` Loading... ``` fetch( `https://swd.weatherflow.com/swd/rest/observations/station/${STATION\_ID}?token=${TOKEN}` ) .then(r => r.json()) .then(data => { document.getElementById("output").textContent = JSON.stringify(data, null, 2); }) .catch(err => { document.getElementById("output").textContent = err.toString(); }); --- ### [Class Action Settlement Against Bank of America](https://www.jamesmarshlaw.com/class-action-settlement-against-bank-of-america/) **Published:** June 1, 2026 **Author:** James R. Marsh **Content:** ### Regarding Sexual Abuse by Jeffrey Epstein ⚠ NEED TO FILE ASAP — WINDOW CLOSES JUNE 12, 2026 ⚠ Free Confidential Case Review • No Fee Unless Recovery for You ## Case Background & Key Facts | **Defendant** | Bank of America | |---|---| | **Perpetrator** | Jeffrey Epstein, deceased financier, and/or his co-conspirators | | **Abuse Period** | June 30, 2008, to July 6, 2019 | | **Victims** | Girls and young women who were sexually abused or trafficked by Epstein or his co-conspirators while Bank of America maintained accounts connected to the trafficking enterprise. | | **Nature of Abuse** | Sexual trafficking; sexual abuse; forcible touching; rape; coercion into sexual acts involving Epstein and associated individuals. | | **Allegations** | Bank of America is alleged to have knowingly facilitated Epstein’s sex trafficking venture by providing financial services that enabled recruitment, coercion, and exploitation. | | **Settlement** | Bank of America agreed to pay $72.5 million to resolve claims without admitting liability. | | **Legal Basis** | Trafficking Victims Protection Act (TVPA), 18 U.S.C. § 1591 et seq. | | **Filing Deadline** | **June 12, 2026 — Deadline will NOT be extended** | ## What Is the Trafficking Victims Protection Act? The Trafficking Victims Protection Act (TVPRA) is a federal law that allows survivors of sex trafficking to pursue civil claims against individuals and institutions that participated in or facilitated trafficking. - Allows victims to sue entities that participated in or benefited from trafficking - Applies to institutions that knew or should have known of the trafficking - Covers survivors of all ages, including both U.S. citizens and non-citizens ## Eligibility Criteria ### Who May Qualify - Individuals forced into sexual acts connected to Jeffrey Epstein between June 30, 2008 and July 6, 2019 - Girls under 18 who engaged in sexual contact with Epstein or his associates - Adults who were coerced, defrauded, or forced into sexual contact ### If You or Someone You Know Was a Victim: Free, Confidential Case Review No Fee Unless We Win All Ages Welcome **Time is Running Out — The Window Closes Soon and Will Not Reopen** ## Contact Marsh Law Firm Email: [help@marsh.law](mailto:help@marsh.law?subject=Epstein%20Abuse) Phone: [**+1 833-540-3632**](tel:+18335403632) If you are calling from France or the EU, dial [+33188887443](tel:+33188887443). --- ### [Time Running Out for Epstein Survivors to Seek Restitution Against Bank of America for Facilitating Jeffrey Epstein’s Sex Trafficking Operation](https://www.jamesmarshlaw.com/time-running-out-for-epstein-survivors-to-seek-restitution-against-bank-of-america-for-facilitating-jeffrey-epsteins-sex-trafficking-operation/) **Published:** June 1, 2026 **Author:** James R. Marsh **Content:** **FOR IMMEDIATE RELEASE** June 1, 2026 **Contact:** <marsh@skdknick.com> ## *Advocates & Attorneys Sound the Alarm as Survivors Have Until June 12 to Join $72.5 Million Class Action Settlement* **Washington, D.C. –** In March, Bank of America agreed to a $72.5 million settlement in a class action lawsuit brought on behalf of survivors of Jeffrey Epstein’s abuse, accusing the bank of facilitating his sex trafficking operation. Eligible survivors have only until **June 12, 2026** to file a claim, or be barred from receiving any compensation from this settlement. Advocates and attorneys are raising the alarm, as many survivors – particularly those in Europe – have yet to learn about the settlement and impending deadline. All survivors sexually abused or trafficked by Epstein and his associates between June 30, 2008, and July 6, 2019, are eligible to file a claim. Claims submitted after this date may not be eligible for compensation. [Learn more about the settlement](https://www.jamesmarshlaw.com/class-action-settlement-against-bank-of-america/). > This settlement is a testament to the extraordinary courage of the survivors who came forward publicly with their experiences at the hands of Jeffrey Epstein, Ghislaine Maxwell, and their many associates. It’s past time for major institutions to pay for their role in allowing Epstein’s sex trafficking operation to continue for years. **— Jennifer Freeman, Marsh Law Firm** > I urge survivors, wherever you are located, to come forward and assert your claims as soon as possible to apply for this settlement. **— Homayra Sellier, Innocence in Danger** To learn more, contact [help@marsh.law](mailto:help@marsh.law?subject=Epstein%20Abuse) or call Marsh Law at [+1 833-540-3632](tel:+18335403632). You can also visit our website at [ **Bank of America Class Action Settlement**](https://www.jamesmarshlaw.com/class-action-settlement-against-bank-of-america/). If you are calling from France or the EU, dial [+33188887443](tel:+33188887443). --- ### [New York City Gender Motivated Violence Act May Allow New Lawsuits for Archibald Victims](https://www.jamesmarshlaw.com/victims-of-dr-reginald-archibald/) **Published:** October 8, 2018 **Author:** James R. Marsh **Content:** Marsh Law Firm partner Helene Weiss explains the New York City Gender Motivated Violence Act --- ## We can answer your questions and discuss your options. Call us at [833-540-3632](tel:+18335403632). --- There are numerous excellent organizations providing support and assistance to men who are victims or survivors of sexual abuse. We recommend [Dr. Richard Gartner](http://richardgartner.com/), who co-founded [MaleSurvivor: the National Organization against Male Sexual Victimization](http://malesurvivor.org/). [Wendy Bassett LCSW](http://www.wendybassettlcsw.com/) has also been recommended as someone with many years of experience working with male trauma survivors of all ages and also in the dissemination of evidence-based psychotherapy for PTSD. The organization [1in6](http://1in6.org/) also hosts a [24/7 helpline](http://1in6.org/helpline) specifically for men who were sexually abused or assaulted. You can [chat online](http://1in6.org/helpline) or speak to someone in person at 800-656-4673. Dr. Reginald Archibald, an expert pediatric endocrinologist researcher at prestigious [Rockefeller University Hospital](http://www.rockefeller.edu/) from the 1940s to the 1980s, engaged in child sexual abuse during examinations of his young patients. Like [Dr. Larry Nasser](http://www.nassarcommission.com/people/james-r-marsh/), under the guise of legitimate medical research and treatment of children with growth issues, Dr. Archibald manipulated children’s genitals for sexual arousal. After locking the examination door behind them, Dr. Archibald often instructed his young patients—some as young as 5 years old—to masturbate as a standard part of his medical exam. He inserted his ungloved fingers into the little girl patients. And he used a Polaroid camera to photograph the genitals and naked bodies of many children. Visit [this page](https://www.jamesmarshlaw.com/category/archibald-scandal/) to review the media coverage of the Dr. Reginald Archibald scandal at Rockefeller University Hospital and the Madison Square Boys Club (MSBC). Former New York doctor may have abused over 1,000 victims --- ## Victims Demand Accountability On December 11, several victims and survivors of Dr. Archibald gathered at Rockefeller University, along with attorneys James R. Marsh and Jennifer Freeman, to demand full transparency and accountability concerning the child sex abuse images taken of them under the guise of ‘scientific study.’ The doctor took pictures of sex abuse victims; former patients want to know what happened to the photos --- ## Madison Square Boys Club (MSBC) A number of our clients met Dr. Archibald through the Madison Square Boys & Girls Club when it was known as the Madison Square Boys Club or MSBC. According to our clients, Dr. Archibald used his position at MSBC to recruit boys for his “research” and scientific experiments at Rockefeller University, which included sexual abuse. Our clients clearly remember Dr. Archibald as a fixture at MSBC for decades, with his own private office on the premises where he was present most Saturdays. He was often accompanied by well-dressed men in suits and ties. He was very friendly with the executive director at the time, Sherwood T. Ernenwein, and his son Richard. It is our understanding that Dr. Archibald conducted annual “medical examinations” of every boy at MSBC, which were often fully nude and occurred in a private examination room near the indoor swimming pool. At least one client reported that from when he was about 6 through 14 years old, Dr. Archibald took nude photographs of him at MSBC, often positioning and photographing his genitals. We also understand that the first director of MSBC, Albert B. Hines, was an avid photographer and installed his own private darkroom in his personal residence on the fifth floor of the East 29th Street clubhouse in Manhattan. In addition, Dr. Archibald, who was sometimes called the “pool doctor,” watched the boys as they swam naked in the Club’s pool. On January 17, 2019, we sent a letter to Madison Square Boys & Girls Club executive director Tim McChristian on behalf of victims who met Dr. Reginald Archibald at the Club. > As a non-profit institution with a long and storied past which helped many ‘eastside boys,’ the Madison Square Boys & Girls Club has an obligation to the children of New York City, its donors, and the public to conduct a thorough and transparent investigation into the organization’s sometimes-disturbing history. > > Letter to MSBC dated January 17, 2019 --- --- Our attorneys are leaders in the field of child sex abuse law. [James R. Marsh](https://www.jamesmarshlaw.com/people/james-r-marsh/) is a world-renowned advocate for children and victims of sexual abuse. As chairman of [Child USA](http://www.childusa.org/), James headed a [major national task force](http://www.nassarcommission.com/) on the Dr. Larry Nassar scandal. His case in the United States Supreme Court, [Paroline v. United States](http://childvictims.us/paroline-v-united-states/), established a victim’s right to damages from individuals who possess their child pornography images. We are currently litigating numerous groundbreaking child sex abuse cases against child-serving institutions and have represented hundreds of victims of the Catholic Church and institutional childhood sexual abuse. Marsh Law Firm has been retained by hundreds of Dr. Archibald victims and successfully resolved all their cases. Please remember that you are not alone, there is strength in numbers, and Dr. Archibald’s victims and survivors demand and deserve answers and accountability. **On October 18, 2018, the New York Times published the following story about the scandal, [A Wave of Child Sexual Abuse Accusations Against a Doctor, and Hospital Says It Knew](http://www.nytimes.com/2018/10/18/nyregion/dr-reginald-archibald-rockefeller-abuse.html).** On October 28, 2018, the New York Times published [this Letter to the Editor](http://www.nytimes.com/2018/10/28/opinion/letters/child-sex-abuse.html): > As president of the Pediatric Endocrine Society, I speak for the membership in condemning the practices of Dr. Reginald Archibald outlined in your article. >   > The reported examination techniques are outside standards of care as they have existed at any time in our history and clearly amount to sexual abuse. >   > Furthermore, unchaperoned examinations are strongly discouraged by the society. While brief genital examination remains a critical part of assessment of growth and development in children and adolescents, for which there is no alternative, our members are trained to practice examination techniques that respect the privacy and dignity of our patients, are quick and limited to obtaining only the necessary information, and are always chaperoned by either a parent or a trained medical staff member, depending on the patient’s preference. >   > The members of the society are committed to providing the highest degree of compassionate care to our patients and their families, who are dealing with sensitive concerns about growth and development. The behavior of Dr. Archibald does not reflect the respectful and evidence-based practices of pediatric endocrinology in the United States. >   > Philip Zeitler > Aurora, Colo. Although Dr. Archibald died in 2007, he was subject to a [secret investigation](http://www.rucares.org/statement-re-dr-reginald-archibald.pdf) by the Rockefeller University Hospital in 2004. The Hospital also received at least two complaints about Dr. Archibald in the 1990s. We have demanded that Rockefeller University promptly release all prior investigatory reports and patient complaints concerning Dr. Reginald Archibald. We have also demanded that Rockefeller University preserve all evidence concerning Dr. Archibald and his patients. The University retained the corporate law firm Debevoise & Plimpton LLP to investigate and communicate with Dr. Archibald’s victims. The founder of Debevoise & Plimpton was the prominent New York lawyer Eli Whitney Debevoise who once served as a trustee of Rockefeller University. He died in 1990. Rockefeller University also recently retained the corporate law firm Ropes & Gray whose leader, Keith Wofford, was the Republican candidate for New York Attorney General. Mr. Wofford declared an annual salary in excess of $4.35 million on his election disclosure form. Ropes & Gray will be defending any lawsuits brought by Dr. Archibald’s victims. This letter, which was sent to Dr. Archibald’s victims on October 5, 2018, is incomplete and disingenuous because it does not include Rockefeller University’s public statement on the scandal (reproduced below). Rockefeller University’s lack of transparency is a repeat of the original deception experienced by Dr. Archibald’s child patients which involved vague medical experiments and child sex abuse under the guise of medical treatment and assessment. There was no informed consent, no disclosure to patients, no accountability to parents (who were excluded from the examination room), and little or no supervision by Rockefeller University. Like Dr. Larry Nassar, Dr. Archibald was beyond reproach, question, or scrutiny. Nothing in Rockefeller University’s so-called “outreach” to victims provides any information and instead funnels people who are traumatized and confused after receiving the letter to RockU’s lawyers who are conducting a self-serving investigation of the victims themselves. Here are Rockefeller University Hospital’s public statements, released on their website: ### Statement regarding Dr. Reginald Archibald from the Rockefeller University Hospital (October 5, 2018) > We have come to learn that Dr. Reginald Archibald, who retired from the Rockefeller University Hospital in 1982, engaged in certain inappropriate conduct during patient examinations. The Hospital and University deeply regret pain and suffering caused to any of Dr. Archibald’s former patients. Dr. Archibald began working at The Rockefeller Institute for Medical Research (later, The Rockefeller University) as a visiting investigator in 1940, and at the Hospital as an assistant resident physician from 1941‐1946. He later returned as a Hospital senior physician and University professor from 1948‐1980, with medical staff privileges at the Hospital until 1982. He became professor emeritus in 1980 and senior physician emeritus in 1987. He passed away in 2007. Dr. Archibald studied childhood growth and maturation, focusing on children of short stature. >   > In 2004, The Rockefeller University Hospital was informed of a report by a former patient related to the propriety of certain of Dr. Archibald’s conduct during physical examinations. The University notified the federal Office of Human Research Protections, the New York State Office of Professional Medical Conduct, and the Manhattan District Attorney. In addition, the University retained legal counsel Debevoise & Plimpton LLP to investigate. Following its review of then‐available information, including from interviews with former patients, faculty, administrators, and staff, and two prior reports made in the 1990s that were located, Debevoise found certain allegations credible and determined that it was likely that some of Dr. Archibald’s behavior towards this patient was inappropriate. A policy relating to the further protection of pediatric patients was added to the Hospital’s then‐existing safeguards and processes designed to protect patients. >   > Earlier this year, another former patient of Dr. Archibald’s, who had not been identified in the 2004 investigation, came forward to make a similar report. In response, the University again reported the matter to appropriate state and federal authorities and re‐engaged Debevoise to investigate further. The 2018 investigation benefited from additional information that was not available in 2004, including information from several former patients who came forward. Based on its investigation, the law firm concluded that some of Dr. Archibald’s behaviors involving these patients were inappropriate. >   > In response to these findings, Dr. Archibald’s emeritus status at the Hospital and University have been rescinded and references to him have been removed from the Hospital and University webpages. >   > The Hospital is now reaching out individually to Dr. Archibald’s former patients, so they can share their experiences or any concerns. Due to the passage of time, though, the Hospital has encountered difficulties in locating all of Dr. Archibald’s former patients. Patients with information they would like to share regarding their interactions with Dr. Archibald should contact Helen Cantwell, of Debevoise at: (212) 909‐6312 or hcantwell@debevoise.com. --- ### Update on Previously Announced Investigation regarding Dr. Archibald from the Rockefeller University Hospital (October 18, 2018) > In response to sexual misconduct allegations made earlier this year against Dr. Reginald Archibald, a physician who worked at The Rockefeller University Hospital from 1941-1946 and 19481982 and died in 2007, the University retained external legal counsel to investigate. Dr. Archibald studied childhood growth and maturation. >   > The investigative team, aided by new information from former patients who came forward, is conducting a comprehensive review. In early October, the Hospital sent letters to as many of Dr. Archibald’s former patients as it could locate, asking them to share information about their interactions with Dr. Archibald, and posted a statement on the Hospital website on October 5, 2018. >   > In the two weeks following the mailing of the letters, we heard from many of Dr. Archibald’s former patients, including a number who told us that they had been subjected to sexual misconduct. We are appalled to hear those accounts of Dr. Archibald’s reprehensible behavior. We deeply regret pain and suffering caused to any of Dr. Archibald’s former patients. We are extremely grateful to patients for sharing their experiences with us. >   > The University will continue to provide additional updates, while protecting patient privacy. >   > As communicated in our previous statement, patient protections and safeguards have been enhanced at the Hospital over the past several decades, making an occurrence of this type highly unlikely today. >   > **Counseling Support for Dr. Archibald Patients** >   > We anticipate that some of Dr. Archibald’s former patients may wish to seek counseling. The Hospital is establishing a Rockefeller Hospital Therapy Fund to provide financial resources for counseling services for those of Dr. Archibald’s former patients who request it. The Hospital is partnering with RAINN (Rape, Abuse & Incest National Network), a national nonprofit organization providing support for survivors of sexual assault, which will assist former patients of Dr. Archibald to locate qualified counselors and therapists. We will provide updated information about the terms of the counseling fund, and how former patients can access counseling funds once the RAINN Hotline is live. >   > Reimbursements to providers for the cost of counseling will be managed by a third-party claims administrator. Patient communications with RAINN, the claims administrator, and visits with a therapist or counselor will be kept confidential from Rockefeller. We will soon post information on our website with additional details, including contact information, on the Rockefeller Hospital Therapy Fund. >   > \* \* \* \* \* >   > We are greatly indebted to all patients who have shared their experiences with the investigators to date. This investigation has been aided immeasurably by the responses that have been received. --- As a victim of childhood sexual abuse, you have the right to consult with an attorney before agreeing to any outcome or signing any papers as suggested by the Rockefeller University or anyone else. Victims and survivors of Dr. Reginald Archibald need answers to the [many questions posed by the 2004 investigation](https://www.jamesmarshlaw.com/statement-re-dr-reginald-archibald/), how Dr. Archibald responded to the accusations before his death, and whether child pornography images, masquerading as medical records, exist now or may have existed in the past. --- ## Emotional Help and Support [MEN: chat with a trained professional, 24/7, anonymous & free at 1in6](http://1in6.org/helpline) [Rape, Abuse & Incest National Network (RAINN) Sexual Assault Hotline](http://www.rainn.org/about-national-sexual-assault-telephone-hotline) Call **800.656.HOPE** (4673) to be connected with a trained staff member from a sexual assault service provider. --- ## Contact Us Your Name (required) Your Email (required) Phone City State Date of Incident Location of Incident (include state) Type of Legal Matter —Please choose an option—Social Media Addiction / MDLJeffrey Epstein Sex AbusePennsylvania Sex AbuseNew York Sex AbuseMichigan Sex AbuseSex Abuse – Any StateTitle IX – College or UniversityTitle IX – High School or Middle SchoolTitle IX – Elementary SchoolChild Pornography – ProductionChild Pornography – Distribution and PossessionChild Pornography – RestitutionSex Abuse – At SchoolSex Abuse – At CampSex Abuse – In Foster CareSex Abuse – By Relative or FriendSex Abuse – By Priest, Minister, Religious LeaderSex Abuse – OtherCrime Victim – OtherFederal AppealsStatutory ReformCrime Victim's RightsOther Use Ctrl key to select multiple types Comments This form sends information by non-encrypted e-mail, which is not secure. Submitting this form does not create an attorney-client relationship. By submitting this form, you agree to be bound by the provisions on our [disclaimers page](https://www.jamesmarshlaw.com/disclaimers/). Someone will respond within 24 hours. Thank you! Δ --- ### [Third Victim Files Lawsuit Against Former Popstar Nick Carter](https://www.jamesmarshlaw.com/third-victim-files-lawsuit-against-former-popstar-nick-carter/) **Published:** August 29, 2023 **Author:** James R. Marsh **Content:** **FOR IMMEDIATE RELEASE** August 28, 2023 **NEW YORK, NEW YORK** (August 28, 2023) – Marsh Law Firm and Trial Lawyers for Justice have jointly filed a lawsuit against former popstar Nick Carter on behalf of their client A.R. for child sexual abuse. This action follows two prior lawsuits filed against Carter on behalf of sexual abuse survivors Melissa Schuman and Shannon Ruth. The case, *A.R. v. Nickolas Carter* was filed in District Court for Clark County Nevada (Las Vegas). The lawsuit states that Nick Carter sexually abused plaintiff, A.R., on multiple occasions in the early 2000s when she was just a teenage girl. Prior to his recent and tragic death in November of 2022, Aaron Carter, made public statements in support of victims of his brother Nick Carter. The Plaintiff, A.R., and other victims of Nick Carter are now able to seek justice for their child sexual abuse because of dedicated efforts to reform to the statute of limitations for child sexual abuse in recent years. **“This case illustrates how much time, courage, and perseverance it takes for victims and survivors to come forward about child sexual abuse and seek justice,”** said Margaret Mabie, an attorney with Marsh Law Firm. Despite numerous complaints about Carter’s past conduct towards young women, his victims continue to hold Nick Carter publicly accountable for his harms against them. “**We hope that A.R. receives some measure of justice and that this lawsuit will pave the way for other survivors to hold their abusers to account**,” Mabie said. “**Abusers can take notice that just because they avoided prison doesn’t mean they don’t have to answer to a jury for their actions**” said John Kawai, an attorney with Trial Lawyers for Justice. ###### \### To schedule an interview with Marsh Law Firm or Trial Lawyers for Justice, please contact Cassandra Sorrentino at <cassandrasorrentino@marsh.law>. --- ### [Referrals and Support](https://www.jamesmarshlaw.com/referrals/) **Published:** February 28, 2019 **Author:** James R. Marsh **Content:** Like statutes of limitations reform in many states, New York’s enactment of the Child Victims Act was an extraordinary achievement that unleashed long-denied demands for accountability. Since the new law allowed previously lapsed claims to be filed in court, the next issue for victims and survivors was how to access justice. Now and then, the answer to this question will differ for each person, but several basic considerations exist. As I have long maintained, and many others have echoed, the CVA merely allowed victims and survivors of childhood sexual abuse to access the courts. It did not mean the plaintiff automatically won. SOL reform is not a so-called ‘giveaway’ to lawyers and survivors. It did not shift the burden of proof or lower the standard of care. It did not put any wrongdoer at any disadvantage. Ignore all the rhetoric by insurers and institutions bemoaning the passage of past, present, and future SOL reform with dire warnings of bankruptcy and financial ruin. The same New York civil rules of procedure still apply (currently 700 individual sections and rules divided into 70 articles). The burden remains on the plaintiff to prove their case by a “fair preponderance of the evidence.” Generally speaking, in child sex abuse cases against institutions, survivors must show that the institution had actual prior knowledge of the perpetrator’s dangerousness or that the sexual abuse was reasonably foreseeable. In other words, institutional defendants must actually know, or should have known, about the perpetrator’s propensity for sexual assault. Without these baseline facts, a survivor’s claims will likely be dismissed, no matter how compelling, sympathetic, or awful. Institutions are not automatically liable for the actions of their employees. In fact, under longstanding New York law, institutions are not liable for crimes committed by their employees since those crimes are not considered part of the employee’s duties. Many states have similar limitations. What this means is that negligence is the primary basis for holding institutions liable in civil child sex abuse cases. Then, of course, survivors must also prove that the perpetrator sexually assaulted them. As a plus, it is often challenging to deny sexual abuse if the institution had notice that the perpetrator had a known propensity to sexually offend. However, each case is different based on its unique facts and circumstances. There is no way to generalize about child sex abuse cases, which are highly individualized by the facts and the law in New York and other jurisdictions. In summary, while statutes of limitation reform provides much-needed access to the courts, it does not change anything about the legal system’s longstanding response, or lack thereof, in actually providing justice for child sex abuse victims and survivors. For some survivors, their day in court is enough. For many others, compensation is essential to their healing and recovery. While anyone can bring a lawsuit against anybody (for almost anything), prevailing on that lawsuit through a jury trial to a judgment is becoming rarer and rarer in our civil justice system. Negotiation, alternative dispute resolution, mediation, and out-of-court settlements are all fundamental parts of the litigation process. Often, having one’s “day in court” means meeting with a mediator, judge, or magistrate to resolve the case without a trial. Bankruptcy adds a whole new layer of complexity and delay. There is no one path to justice and no singular template for resolving child sex abuse cases. ### Nationwide Resources [![](https://www.jamesmarshlaw.com/wp-content/uploads/2025/08/victim-connect-logo-1024x340.jpg "victim-connect-logo « Marsh Law Firm")](https://victimconnect.org/)Victim Connect Resource Center and Hotline [![](https://www.jamesmarshlaw.com/wp-content/uploads/2025/08/TBTN_NATIONAL_SEXUAL_ASSAULT_LEGAL-HOTLINE_4clr-1024x576.png "TBTN_NATIONAL_SEXUAL_ASSAULT_LEGAL-HOTLINE_4clr « Marsh Law Firm")](https://takebackthenight.org/legal-assistance/)Take Back the Night National Sexual Assault Legal Hotline ### Pro Se Representation and Low-Income Legal Services Like many other states, litigants are allowed to represent themselves in New York. Still, if the above basic, cursory overview is any indication, it is not an easy or straightforward undertaking for non-lawyers. One excellent resource for survivors considering *pro se* representation is [LawHelpNY.org](http://www.lawhelpny.org/) a comprehensive source of legal referral information. It is sponsored by many bar associations and pro bono legal offices across New York State. It is an excellent place to begin if you are considering representing yourself or looking for pro bono or low-cost legal representation. Although there are forms and guides on a variety of legal subjects, information about childhood sexual abuse and civil litigation is not available. The best way to utilize this site is to [search for programs by location](http://www.lawhelpny.org/find-legal-help/directory/area), since general civil representation is not a search option. The New York State Office of Court Administration maintains a CourtHelp website for individuals who want to represent themselves in the New York court system. There is also a New York-specific site sponsored by the American Bar Association that offers routine assistance on civil legal matters called [Free Legal Answers](http://ny.freelegalanswers.org/). For an in-depth primer on the civil litigation process in New York, albeit for attorneys, Professor Gerald Lebovits has written a series of articles on drafting New York Civil Litigation Documents [beginning with this overview](http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1671764). Unlike Georgia, which created the [Wilbanks Child Endangerment and Sexual Exploitation Clinic](http://cease.law.uga.edu/) (CEASE) as part of its 2015 statute of limitations reform, New York did not have the foresight (or quite frankly the ability given the two decade struggle to simply pass the CVA) to envision a similar resource center for New York child sex abuse victims and survivors. Under the CVA, the [Chief Administrator of the Courts](http://ww2.nycourts.gov/rules/chiefadmin/index.shtml) must promulgate rules for the timely adjudication of revived actions brought under the law. Hopefully, this will include measures to facilitate or streamline lawsuits by *pro se* litigants under the CVA. [Vera House](http://www.verahouse.org/) in Syracuse has a [legal advocacy program](http://www.verahouse.org/hope-and-healing/group-advocacy) that links victims of childhood sexual abuse to attorneys in the Syracuse metropolitan area. In Tompkins County, [The Advocacy Center](http://www.actompkins.org/#) works to connect survivors of child sex abuse with legal assistance as well as support groups, mental health providers, and other resources. The Advocacy Center’s hotline can be reached 24 hours a day at 607-277-5000. ### Lawyer Referral Services The various legal referral services throughout New York are an excellent source of attorneys. Many county bar associations, the [New York State Bar Association](https://nysba.org/new-york-state-bar-association-lawyer-referral-service/), and the [New York City Bar Association](https://www.nycbar.org/get-legal-help/) have legal referral services. On a national level, the [National Crime Victim Bar Association](https://victimbar.org/attorney-referral-request-form/) maintains an attorney referral service. The [LRSConnect website](https://lrsconnect.org/) also has links to lawyer referral services throughout New York State. [Women’sLaw.org](http://www.womenslaw.org/) provides legal information to support women in domestic violence situations. Legal Aid Societies provide free or low-cost legal services to those with limited income and resources in the United States. For more information, please visit [LawHelp.org](http://www.lawhelp.org/find-help/) to search for services in your state. ### Private Attorneys and Law Firms There is no lack of attorneys in New York or nationwide. One estimate puts the number of attorneys at over 177,000. Not all these attorneys are practicing; most have never set foot in a courtroom. Some of them represent defendants in criminal matters (an online search for a “child sex abuse attorney” frequently turns up criminal defense attorneys). Many focus on personal injury, medical malpractice, or general legal issues from trusts and estates to family law (attorneys are not permitted to ‘specialize’ in New York). An endless number of websites maintain rosters of attorneys, including [FindLaw](http://lawyers.findlaw.com/lawyer/firm/sexual-abuse-plaintiff/new-york/new-york), [Avvo](http://www.avvo.com/personal-injury-lawyer/ny.html), [Justia](http://www.justia.com/lawyers/personal-injury/new-york), [SuperLawyers](http://attorneys.superlawyers.com/new-york-upstate/), and [Martindale-Hubbell](http://www.lawyers.com/child-abuse-and-neglect/new-york/find-law-firms-by-city/). While most civil child sex abuse cases are handled on a contingency basis (which is strictly regulated by New York law and ethics rules), attorneys can also be retained for an hourly rate with fees ranging from a few hundred dollars per hour to over $1000 per hour. A few attorneys may represent clients for a fixed fee or on a sliding scale related to income or some other factor. Some even attorneys will take cases pro bono (i.e., without charge). The National Center for Victims of Crime has an excellent overview of [legal options](http://victimsofcrime.org/criminal-and-civil-justice/) for victims of childhood sexual abuse. ### Conclusion In summary, the long-fought struggle to pass the New York Child Victims Act created an overwhelming outpouring of victims and survivors of childhood sexual abuse seeking justice through the New York civil court system. While the courts are equipped to handle even thousands of new cases statewide, evaluating the viability of each case has not changed. Victims, survivors, and their attorneys still need to assess each case on the facts and the law. A trained trauma therapist is an essential part of healing and can help support victims and survivors through the often long and challenging legal process. While justice is never an easy road, access to the courts is an essential first step to addressing these historical wrongs and, as the governor said it best, “this is society’s way of saying we are sorry.” --- ### [Resources](https://www.jamesmarshlaw.com/resources/) **Published:** March 10, 2015 **Author:** James R. Marsh **Content:** ### **Referrals and Support** [Learn more](https://www.jamesmarshlaw.com/referrals/) ### **Child Sexual Abuse Materials (CSAM) Reports** [Learn more](https://www.jamesmarshlaw.com/resources/child-sexual-abuse-materials-csam-reports/) --- ### [Maria Farmer's Lawsuit Against the FBI](https://www.jamesmarshlaw.com/jeffrey-epstein-sex-trafficking/) **Published:** July 7, 2019 **Author:** James R. Marsh **Content:** [![](https://www.jamesmarshlaw.com/wp-content/uploads/2024/12/the-new-york-times-masthead-1024x135.png "the-new-york-times-masthead « Marsh Law Firm")](https://www.jamesmarshlaw.com/wp-content/uploads/2024/12/the-new-york-times-masthead.png)[![https://www.nytimes.com/2025/07/20/us/politics/epstein-employee-trump-investigation.html](https://www.jamesmarshlaw.com/wp-content/uploads/2025/07/NYTimes-Farmer-scaled.png "https://www.nytimes.com/2025/07/20/us/politics/epstein-employee-trump-investigation.html « Marsh Law Firm")](https://www.nytimes.com/2025/07/20/us/politics/epstein-employee-trump-investigation.html) In a new lawsuit against the United States government, Maria Farmer claims that after Jeffrey Epstein and Ghislaine Maxwell sexually assaulted her in the 1990s, she tried to report the assault. When she tried to recount what happened to her, as well as provide first-hand knowledge of a sex trafficking ring, the FBI agent allegedly hung up on her. Review the lawsuit, which was filed in May 2025, for all the details. ## Jennifer Freeman on MSNBC August 27, 2019 --- August 27, 2019 --- Here is Maria’s request to the FBI to release her file. They refused. Marsh Law Firm has extensive experience representing victims of child sex trafficking in federal criminal and civil proceedings. We have filed restitution requests in every federal district court in the country, and we litigated a case concerning child pornography trafficking in the United States Supreme Court in 2014. We are the primary architects of the federal mandatory restitution law for victims of child sexual exploitation and the civil counterpart, Protecting Young Victims from Sexual Abuse Act. Our attorneys have a deep understanding of this crime and its effects on victims and their families. We are sensitive to the complexity and trauma experienced by victims and have a track record of representing victims in federal criminal restitution and civil lawsuits against perpetrators and offenders. If you or someone you know is a victim of Jeffrey Epstein, please [contact us](https://www.jamesmarshlaw.com/contact-us/) immediately. ### Call us at [212-372-3030](tel:212-372-3030) Your Name (required) Your Email (required) Phone City State Date of Incident Location of Incident (include state) Type of Legal Matter —Please choose an option—Social Media Addiction / MDLJeffrey Epstein Sex AbusePennsylvania Sex AbuseNew York Sex AbuseMichigan Sex AbuseSex Abuse – Any StateTitle IX – College or UniversityTitle IX – High School or Middle SchoolTitle IX – Elementary SchoolChild Pornography – ProductionChild Pornography – Distribution and PossessionChild Pornography – RestitutionSex Abuse – At SchoolSex Abuse – At CampSex Abuse – In Foster CareSex Abuse – By Relative or FriendSex Abuse – By Priest, Minister, Religious LeaderSex Abuse – OtherCrime Victim – OtherFederal AppealsStatutory ReformCrime Victim's RightsOther Use Ctrl key to select multiple types Comments This form sends information by non-encrypted e-mail, which is not secure. Submitting this form does not create an attorney-client relationship. By submitting this form, you agree to be bound by the provisions on our [disclaimers page](https://www.jamesmarshlaw.com/disclaimers/). Someone will respond within 24 hours. Thank you! Δ --- ### [Adult Sexual Abuse](https://www.jamesmarshlaw.com/practice-areas/adult-sexual-abuse/) **Published:** November 22, 2022 **Author:** James R. Marsh **Content:** # Adult Sexual Abuse Marsh Law Firm focuses solely on representing survivors of sexual abuse. We recognize that survivors face a myriad of long-lasting psychological, emotional, and physical effects from the trauma they endured. The legal team at Marsh Law Firm is trained explicitly on how trauma impacts survivors and tailors our representation to be sensitive to this. We are known for our close, hands-on approach with each client. We work closely to understand our clients’ goals and work best to tailor our representation to achieve the justice our clients desire. We help our clients hold individual perpetrators accountable and the institutions that enabled them. Our lawyers help survivors rebuild their lives with dignity and respect through comprehensive legal representation. --- ### [Online Sexual Exploitation](https://www.jamesmarshlaw.com/practice-areas/child-abuse/) **Published:** January 21, 2015 **Author:** James R. Marsh **Content:** # Online Sexual Exploitation Our law firm has been fighting abuse on the internet since 2005, when we began representing victims of child pornography and online exploitation. Our legal battles led to significant law reform in 2006 (Masha’s Law) and 2018 (Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act / Amy Vicky & Andy Child Pornography Victim Assistance Act), as well as a groundbreaking *Paroline* case in the United States Supreme Court in 2014. In 2019, the New York Times ran a major story entitled Child Abusers Run Rampant as Tech Companies Look the Other Way featuring two of our clients. We have been actively pursuing reform of Section 230 to bring accountability and regulation into big tech. Our lawyers have assisted in lawsuits against major technology companies such as Twitter, Omegle, and the mass online distribution of child sex abuse material. Our lawyers help survivors rebuild their lives with dignity and respect through comprehensive legal representation. ## Law & Order: SVU — Restitution at Last \| The Price of a Stolen Childhood Recently, NBC’s Law & Order: SVU did an episode about the Marsh Law Firm’s effort to obtain [compensation for victims of child pornography](http://www.childlaw.us/category/restitution/) called *Downloaded Child*. [IMDB](http://www.imdb.com/title/tt3599556/?ref_=ttep_ep19) has information on how to watch the full Law & Order SVU episode, *Downloaded Child*. [![The Price of a Stolen Childhood](https://www.jamesmarshlaw.com/wp-content/uploads/2018/10/StolenChildhood.jpg "The Price of a Stolen Childhood « Marsh Law Firm")](http://bit.ly/stolenchildhood)The Price of a Stolen Childhood Read about the real [\#StolenChildhood](http://twitter.com/search?q=%23stolenchildhood), Emily Bazelon’s groundbreaking *New York Times Magazine* story, [The Price of a Stolen Childhood](http://bit.ly/stolenchildhood), about our client’s and our firm’s efforts to obtain justice for victims of child pornography. --- ## Advocating for Victims in the United States Supreme Court On June 27, 2013, the United States Supreme Court agreed to review a case brought by the Marsh Law Firm concerning criminal restitution for victims of child pornography. [![supremecourt](https://www.jamesmarshlaw.com/wp-content/uploads/2015/01/supremecourt.jpg "supremecourt « Marsh Law Firm")](https://www.jamesmarshlaw.com/wp-content/uploads/2015/01/supremecourt.jpg) The Court agreed to decide “**what, if any, causal relationship or nexus between the defendant’s conduct and the victim’s harm or damages must the government or the victim establish in order to recover restitution under 18 U.S.C. 2259,**” the Mandatory Restitution for Sexual Exploitation of Children Act of 1994. The case, [*Paroline v. United States*](http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/12-8561.htm "Supreme Court docket"), arises from a long-fought and extensively litigated criminal restitution action that began almost four years ago before [Judge Leonard Davis](http://www.txed.uscourts.gov/page1.shtml?location=info:judge&judge=7 "Judge Leonard Davis") in the Eastern District of Texas Tyler Division. The defendant, Doyle Randall Paroline, filed a [Petition for a Writ of Certiorari](http://www.scribd.com/doc/137762553/Petition-for-a-Writ-of-Certiorari "Paroline Petition for a Writ of Certiorari") in the Supreme Court seeking review of a momentous Fifth Circuit [en banc decision](http://www.childlaw.us/fifth_circuit_issues_landmark_/ "Fifth Circuit Issues Landmark Ruling for Child Victims"), which significantly expanded the rights of child pornography victims to receive criminal restitution. Noted journalist and author Emily Bazelon chronicled Amy’s personal story in [this front-page New York Times Magazine feature story](http://bit.ly/stolenchildhood). The case was heard by the Court on Wednesday, January 22, 2014 and [decided on April 23, 2014](https://www.oyez.org/cases/2013/12-8561). For complete details about the case, including the fourteen amicus briefs filed on behalf of victims, visit[ Marsh Law Firm’s Law Reform website](http://childvictims.us/paroline-v-united-states/). --- ## Advocating for Victims in Court [![](https://www.jamesmarshlaw.com/wp-content/uploads/2018/10/iStock-905974430.jpg "Justice for Children « Marsh Law Firm")](https://www.jamesmarshlaw.com/wp-content/uploads/2018/10/iStock-905974430.jpg)Justice for Victims of Child Pornography and Online Exploitation [**American Bar Association Journal**](http://www.abajournal.com/magazine/article/pricing_amy_should_those_who_download_child_pornography_pay_the_victims) – ***Pricing Amy: Should Those Who Download Child Pornography Pay the Victims?*** (September 1, 2012) ![](https://www.jamesmarshlaw.com/wp-content/uploads/2015/01/Sep_2012_Cvr_1.jpg) The ABA *Journal* is read by half of the nation’s 1 million lawyers every month. It covers the trends, people and finances of the legal profession from Wall Street to Main Street to Pennsylvania Avenue The Marsh Law Firm is featured in the September 2012 issue, which highlights our efforts to obtain criminal restitution for victims of child pornography and child exploitation. One of our clients, Amy, has taken the lead in a four-year fight which has taken us to every federal district court and every Circuit Court in the nation. > Amy and her lawyer are, however, fighting back. Her battle is part of a series of cases—now wending their way through the federal courts—trying to help the victims of child pornography by seeking financial restitution, not from the perpetrator but from the untold number of people who subsequently download their pornographic images. > > Amy could be considered the leader in this legal trend. Her pictures are among the most widely traded in the underground world of online child pornography. > > Under the Crime Victims’ Rights Act, the government must notify Amy and other child pornography victims anytime anyone is arrested by federal authorities for possessing their images. Her attorney, James Marsh of New York City, says his office has received at least 1,500 required notices of federal prosecutions for possession of those images. “The day after we were retained in 2008, we had someone open up all these notices she received in the calendar years 2006 and 2007,” Marsh says. “It took two days just to open the envelopes.” > > Using the restitution provisions of the Violence Against Women Act, Marsh has begun utilizing the courts to request financial restitution from those convicted of possessing images of Amy’s child sexual abuse. > > The novel and controversial requests don’t seek to hold possessors responsible for the original exploitation of Amy. Rather, they seek restitution under VAWA, as authorized by the Crime Victims’ Rights Act, for harm done to Amy each time someone downloads her uncle’s pornographic images of her. > > American bar association journal [Click here](http://www.childlaw.us/doyle-randall-paroline-vs-amy-unknown/) for press clippings and news summaries about Amy and the Marsh Law Firm’s groundbreaking effort to obtain criminal restitution. --- ## Advocating for Victims in Congress [![](https://www.jamesmarshlaw.com/wp-content/uploads/2018/10/iStock-884646670.jpg "Washington DC Capitol view on cloudy sky background « Marsh Law Firm")](https://www.jamesmarshlaw.com/wp-content/uploads/2018/10/iStock-884646670.jpg) In February 2018, Congress passed [The Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act](http://childvictims.us/victory-in-congress-house-passes-major-civil-reform-for-child-victims-406-3/). The law amends the Ted Stevens Amateur and Olympic Sports Act, which governs amateur athletics governing bodies, to make it safe and easy for victims to report abuse and mandate oversight to ensure strong sexual-abuse prevention policies are implemented. The bill also reforms Masha’s Law, found at 18 U.S.C. 2255, by significantly enhancing federal civil remedies for victims of child pornography. Our firm was instrumental in proposing this important legislation. It worked closely with Senator Dianne Feinstein \[D-CA\] in getting it passed in Congress and signed into law by the president. In January 2018, after several sincere but ultimately failed attempts to pass legislation to simplify and streamline child pornography victim restitution in the federal courts, the Senate ratified the [Amy Vicky & Andy Act](http://childvictims.us/senate-passes-avaa/) by unanimous consent. The AVAA, which is named for the victims in some of the world’s most widely circulated child pornography series, improves the process for seeking restitution from child pornography defendants. The bill also offers victims a monetary assistance alternative from the Crime Victim Fund, requires the appointment of a guardian to act on behalf of the victim in court, and allows victims access to the defendants’ images depicting them. You can read more about these bills and the Marsh Law Firm’s legislative agenda at our [Child Victims website](http://childvictims.us/). --- --- ### [Bookings](https://www.jamesmarshlaw.com/bookings/) **Published:** December 21, 2020 **Author:** James R. Marsh **Content:** --- ### [Annie Bonazzi](https://www.jamesmarshlaw.com/our-team/annie-bonazzi/) **Published:** May 15, 2025 **Author:** James R. Marsh **Content:** [![](https://www.jamesmarshlaw.com/wp-content/uploads/2025/05/Annie-2025.png "Annie-2025 « Marsh Law Firm")](https://www.jamesmarshlaw.com/wp-content/uploads/2025/05/Annie-2025.png) ## Annie Bonazzi ###### *Associate* Annie Bonazzi is an Associate Attorney in the New York City office of the Marsh Law Firm PLLC. Annie advocates for survivors of childhood sexual abuse and gender-motivated violence. Her practice focuses on protecting the rights of survivors by holding institutions and perpetrators accountable for the trauma they inflicted and enabled. Annie’s practice areas include representing survivors of childhood sexual abuse, child pornography, and campus sexual abuse, harassment, and retaliation. ### About Annie Bonazzi is an associate attorney at the New York City office of Marsh Law Firm. Annie is a passionate advocate for survivors of sexual abuse. Her practice is focused on holding institutions and individuals accountable for the trauma they have inflicted by enabling abuse. Annie’s practice areas include representing survivors of childhood and adult sexual assault, gender-motivated violence, campus sexual abuse, harassment, and retaliation. Before joining Marsh Law Firm, Annie worked in the corporate departments of both large and boutique law firms, where she handled various commercial matters. Annie earned her JD from the Benjamin N. Cardozo School of Law, where she was a staff editor for and published a student note in the Cardozo International and Comparative Policy and Ethics Law Review. In addition, Annie served as a teaching assistant in the Lawyering and Legal Writing program. Annie earned her bachelor’s degree in politics from Washington and Lee University. Before attending law school, Annie worked on a presidential campaign and for multiple public affairs firms where she conducted opposition research for political candidates and large corporations. ### Practice Areas - Title IX Campus Sexual Assault - New York Child Victims Act - Child Sex Abuse - Crime Victims’ Rights ### Education ###### **J.D., Benjamin N. Cardozo School of Law, 2021** Staff Editor, Cardozo International and Comparative Policy and Ethics Law Review ###### **B.A., Washington and Lee University, 2015** Major: Politics Minor: Mass Communications ### Jurisdictions Admitted to Practice - New York --- ### [Helene M. Weiss](https://www.jamesmarshlaw.com/our-team/helene-m-weiss/) **Published:** November 21, 2022 **Author:** Helene Weiss **Content:** [![](https://www.jamesmarshlaw.com/wp-content/uploads/2025/05/Helene.png "Helene « Marsh Law Firm")](https://www.jamesmarshlaw.com/wp-content/uploads/2025/05/Helene.png) ## Helene M. Weiss ###### *Partner* Helene is a Partner at Marsh Law Firm and works to protect the rights of abuse survivors. Helene works on a wide range of matters representing survivors of childhood sexual abuse, child pornography, and campus sexual abuse, harassment, and retaliation. Helene is a former Special Victims Bureau Prosecutor at the Nassau County District Attorney’s Office, where she prosecuted an extensive array of criminal matters, including child abuse, sexual abuse, attempted murder, elder abuse, and domestic violence cases. Helene was also a member of the Animal Crimes Unit, where she prosecuted offenses perpetrated against animals, including severe torture and criminal neglect. ### About Helene is a Partner at Marsh Law Firm and fights to protect the rights of abuse survivors. She has experience litigating both civil and criminal trials from jury selection to verdict and works on a wide range of matters representing survivors of childhood sexual abuse, adult sexual abuse, and campus sexual abuse, harassment, and retaliation. Helene has successfully litigated several complex Title IX cases. Most recently, her zealous advocacy resulted in the permanent expulsion of a student found responsible of severe violence and rape on a private university campus. Before joining Marsh Law Firm, Helene worked at a prominent national civil litigation firm, where she litigated a broad range of plaintiff personal injury claims involving victims of sexual and physical abuse, with an emphasis on children who were abused in the foster care system. Helene is a former Special Victims Bureau Prosecutor at the Nassau County District Attorney’s Office, where she prosecuted an extensive array of criminal matters, including child abuse, sexual abuse, attempted murder, elder abuse, and domestic violence cases. Helene was also a member of the Animal Crimes Unit, where she prosecuted offenses perpetrated against animals, including severe torture and criminal neglect. While at the DA’s office, Helene successfully litigated dozens of jury and bench trials. Helene earned her Juris Doctorate from the Maurice A. Deane School of Law at Hofstra University. In law school, Helene was honored by the New York Bar Association for earning State Championships at the National Trial Competitions in 2015 and 2016. In addition, in 2016, she received the New York City Trial Lawyers Alliance Award for Excellence in Trial Advocacy. While at Hofstra Law, Helene was President and Competition Manager of the Hofstra Trial Advocacy Association. She earned her bachelor’s degree at Ithaca College with cum laude honors in Communication, Management & Design; Corporate Communication; and Legal Studies. While at Ithaca College, Helene co-founded the Ithaca College Mock Trial Team, which is now fully implemented into the Legal Studies program at Ithaca College. As a Special Professor of Law at Hofstra University, Helene serves as a trial coach in Advanced Advocacy Skills for Hofstra Law’s Trial Advocacy Association. She is also the annual fact pattern co-author for the only National Legal-Medical Mock Trial tournament in the United States, hosted by Hofstra Law. In 2021, Hofstra awarded Helene an Outstanding Women in Law distinction for her meaningful and inspiring contributions to the legal community. Helene is a Certified Forensic Interviewer for both children and adults. She is a member of the Nassau County Women’s Bar Association, the American Association of Justice, and the National Crime Victims Bar Association.  She is the Junior Board President of Communications at CHILD USA and an Associate Board Member of the New York State Academy of Trial Lawyers. ### Practice Areas - Child Sex Abuse - Adult Sex Abuse - Gender Motivated Violence - Title IX Sex Discrimination - Campus Sexual Assault and Harassment - Crime Victims’ Rights ### Education ###### **J.D. – Maurice A. Deane School of Law at Hofstra University (2016)** Journal of International Business and Law – Senior Staff Executive Hofstra Trial Advocacy Association – President & Competition Manager ###### **B.S. – Roy H. Park School of Communications at Ithaca College (2013)** Flora Brown Scholar Major: Communication, Management, and Design Concentration: Corporate Communication Minor: Legal Studies Graduated *cum laude* and with distinction ### Certificates Certified Forensic Interviewer for Children and Adults (New York State Office of Children and Family Services) ### Jurisdictions Admitted to Practice New York Eastern District of New York Southern District of New York ### Awards & Honors New York SuperLawyers, Rising Star Civil Litigation 2021, 2022, 2023, 2024, 2025 Outstanding Women in Law Award, 2021 Recipient New York City Trial Lawyers’ Alliance Award for Excellence in Trial Advocacy (2016) New York State Bar Association Tiffany’s Cup Recipient (2016) New York State National Trial Competition Champion (2016) New York State National Trial Competition Champion (2015) Most Outstanding 2L Trial Performance, Hofstra Law (2015) Most Outstanding 1L Trial Performance, Hofstra Law (2014) Best Overall Trial Advocate Award, Hofstra Law (2013) ### Professorship Special Professor of Law – Advanced Trial Techniques (Hofstra Law) Co-Author of Hofstra Law’s National Legal Medical Mock Trial Tournament ### Recent Presentations and Lectures Helene M. Weiss, Guest Speaker, Fordham University, Take Back the Night, April 2025 Helene M. Weiss, CLE presentation, *Trials and Tribulations Part 3: Battle of the Experts*, NYS Academy of Trial Lawyers, Feb 2025 Helene M. Weiss, CLE presentation, *Trials and Tribulations Part 2: Selling your Opening and Winning on Closing*, NYS Academy of Trial Lawyers, Jan 2025 Helene M. Weiss, CLE presentation, *Trials and Tribulations Part 1: Considerations from Jury Selection to Verdict*, NYS Academy of Trial Lawyers, Jan 2025 Helene M. Weiss, Keynote Address, Hofstra Law Admitted Students Day, April 7, 2024 Helene M. Weiss, Attorneys, Paralegals and Expert Witnesses: Preparing for Trial, Florida Registered Paralegal Enrichment Committee, National CLE Presentation, Nov. 28, 2023 Helene M. Weiss, Closing Arguments in Child Sex Abuse Cases, National Crime Victim Bar Association, National CLE Presentation, Boston, MA, Sept. 6, 2023 ### Articles and Publications Helene M. Weiss and Daniel Pollack, **Should Child Protective Services be the Sole Decider of Child Abuse?** The New York Law Journal, April 21, 2025 <https://www.law.com/newyorklawjournal/2025/04/21/should-child-protective-services-be-the-sole-decider-of-child-abuse> Helene M. Weiss and Daniel Pollack, **Sexually Abused as a Child, Now Suing from Prison**, The New York Law Journal, April 11, 2025 <https://www.law.com/newyorklawjournal/2025/04/11/sexually-abused-as-a-child-now-suing-from-prison> Helene M. Weiss and Daniel Pollack, **Legal Nuances of Child Sexual Experimentation vs. Grooming**, The Legal Intelligencer, Dec. 18. 2024 <https://www.law.com/thelegalintelligencer/2024/12/18/legal-nuances-of-child-sexual-experimentation-vs-grooming/?slreturn=20250411194110> Helene M. Weiss and Daniel Pollack, **Title IX: A Paradigm of Legal Nuance**, New York Law Journal, Feb. 8, 2024 <https://www.law.com/newyorklawjournal/2024/02/08/title-ix-a-paradigm-of-legal-nuance> Helene M. Weiss and Daniel Pollack, **How to deal with a Child Victims Act client with a weak case**, New York Law Journal, Sept. 8, 2023 <https://www.law.com/newyorklawjournal/2023/09/08/how-to-deal-with-a-child-victims-act-client-with-a-weak-case> Helene M. Weiss and Daniel Pollack, **Attorneys, Expert Witnesses, and Paralegals: Working Better Together**, Daily Business Review, Mar. 10, 2023 <https://www.law.com/dailybusinessreview/2023/03/10/attorneys-expert-witnesses-and-paralegals-working-better-together> Helene M. Weiss and Daniel Pollack, **A Victim of Sexual Assault or Domestic Violence Retracts a Recantation. Is Their Credibility Compromised?** Daily Business Review, Sept. 6, 2022 <https://www.law.com/dailybusinessreview/2022/09/06/a-victim-of-sexual-assault-or-domestic-violence-retracts-a-recantation-is-their-credibility-compromised/?slreturn=20221113171739> Helene M. Weiss and Daniel Pollack, **Title IX: Required Reading for Students Entering College**, The Legal Intelligencer, Aug. 18, 2022 <https://www.law.com/thelegalintelligencer/2022/08/18/title-ix-required-reading-for-students-entering-college> Helene M. Weiss and Daniel Pollack, **Lying to Minors During Interrogations Should be Illegal**, New York Law Journal, April 21, 2022 <http://www.law.com/newyorklawjournal/2022/04/21/lying-to-minors-during-interrogations-should-be-illegal/> Helene M. Weiss, Daniel Pollack, Amy Mathieu, **Might Decriminalizing Sex Work Have Unintended Consequences on Children?**, New York Law Journal, Jan. 4, 2022 <http://www.law.com/newyorklawjournal/2022/01/04/might-decriminalizing-sex-work-have-unintended-consequences-on-children/> Helene M. Weiss and Daniel Pollack, **Interviewing and Deposing Survivors of Sexual Crimes Who Have Intellectual Disabilities**, New York Law Journal, Nov. 29, 2021 <http://www.law.com/newyorklawjournal/2021/11/29/interviewing-and-deposing-survivors-of-sexual-crimes-who-have-intellectual-disabilities/> **Professional Development for Attorneys: A Call for Performance Training** – Conference for Undergraduate Research in Communication (2013): 425-37. Print ### Committees and Boards CHILD USA Junior Council – Vice President of Communications New York State Academy of Trial Lawyers – Associate Board Member ### Bar Associations Nassau County Women’s Bar Association American Association of Justice Natonal Crime Victim Bar Asociation --- ### [Melissa Cabat](https://www.jamesmarshlaw.com/our-team/melissa-cabat/) **Published:** April 21, 2025 **Author:** James R. Marsh **Content:** [![](https://www.jamesmarshlaw.com/wp-content/uploads/2025/04/MelissaCabat-1-edited.jpg "MelissaCabat « Marsh Law Firm")](https://www.jamesmarshlaw.com/wp-content/uploads/2025/04/MelissaCabat-1-scaled.jpg) ## Melissa Cabat ###### *Associate* Melissa Cabat is an Associate Attorney at Marsh Law Firm PLLC. Melissa proudly advocates for survivors of sexual abuse of all ages. Her practice focuses on protecting the rights of survivors and helping her clients secure justice by holding institutions and individual perpetrators accountable for the abuse and trauma that they inflicted and enabled. Melissa’s practice areas include representing survivors of childhood and adult sexual abuse and gender-motivated violence in state and federal court. ### About Melissa Cabat is an Associate Attorney at Marsh Law Firm PLLC. Melissa proudly advocates for survivors of sexual abuse of all ages. Her practice focuses on protecting the rights of survivors and helping her clients secure justice by holding institutions and individual perpetrators accountable for the abuse and trauma that they inflicted and enabled. Melissa’s practice areas include representing survivors of childhood and adult sexual abuse and gender-motivated violence in state and federal court. Melissa earned her Juris Doctorate from the Fordham University School of Law in Manhattan, New York. In law school, Melissa served on the board of the Suspension Representation Project and the Environmental Law Advocates. In addition, Melissa was a member of the Urban Law Journal and the Brendan Moore Trial Advocacy Team. Melissa was also a student legal intern in Fordham’s Federal Litigation Clinic, which represented indigent clients in civil and criminal matters. Melissa earned her bachelor’s degree from Oberlin College with high honors in Environmental Studies and a minor in English. ### Practice Areas - Child Sex Abuse - New York Child Victims Act - Title IX Campus Sexual Assault and Discrimination - Child Sex Abuse Material - Crime Victim’s Rights ### Education **J.D., Fordham University School of Law, 2024** Urban Law Journal, Staff Member Brendan Moore Trial Advocacy Team, Member Suspension Representation Project, Treasurer & 3L Board Representative Environmental Law Advocates, 1L Board Representative **B.A., Oberlin College, 2017** Graduated magna cum laude Major: Environmental Studies ### Jurisdictions Admitted to Practice - New York --- ### [Margaret Mabie](https://www.jamesmarshlaw.com/our-team/margaret-mabie/) **Published:** November 21, 2022 **Author:** James R. Marsh **Content:** [![](https://www.jamesmarshlaw.com/wp-content/uploads/2022/11/MargaretMabie.jpg "MargaretMabie « Marsh Law Firm")](https://www.jamesmarshlaw.com/wp-content/uploads/2022/11/MargaretMabie.jpg) ## Margaret Mabie ###### *Partner* Margaret E. Mabie (“Maggie”) is a Partner at Marsh Law Firm and she works to protect the rights of survivors in federal and state court. Maggie’s practice encompasses a wide range of matters representing survivors of childhood sexual abuse, child pornography (also known as child sex abuse material or “CSAM”), and campus sexual abuse, harassment, and retaliation. Her practice focuses on accountability and redistributing the burden of trauma to those that perpetrate and enable abuse. ### About Margaret E. Mabie (“Maggie”) is a Partner at Marsh Law Firm and she works to protect the rights of survivors in federal and state court. Maggie’s practice encompasses a wide range of matters representing survivors of childhood sexual abuse, child pornography (also known as child sex abuse material or “CSAM”), and campus sexual abuse, harassment, and retaliation. Her practice focuses on accountability and redistributing the burden of trauma to those that perpetrate and enable abuse. Maggie is a *cum laude* graduate of Syracuse University with degrees in Public Relations and Political Science and a minor in Rhetoric and Public Advocacy. Maggie earned her Juris Doctor from the Syracuse University College of Law and her M.P.A. from the Syracuse University Maxwell School of Citizenship and Public Affairs. Prior to joining Marsh Law Firm, she worked briefly with the Center for Victims of Torture, in Washington, D.C. where she advocated for vulnerable communities. Maggie now works to secure significant restitution awards and civil settlements for victims of actively online traded child sex abuse material (“CSAM”), including for victims sold on Craigslist. Maggie authored and contributed to innovative legal arguments in litigation against Twitter, Omegle, Meta, Snap, and other Internet Service Providers. Marsh Law Firm amplifies the individual voices of some members of a world-famous online exploitation survivor group—the [Phoenix 11](https://projectarachnid.ca/en/phoenix11-advocacy-statement/). Maggie leads the firm’s legislative advocacy efforts to encourage federal reform involving Section 230 and other civil and criminal statutes related to online child exploitation and CSAM. Maggie is a member of the National Crime Victim Bar Association and the American Association of Justice. Maggie is Co-President of AAJ’s [Social Media Litigation Group](https://www.justice.org/community/litigation-groups/website-and-social-media-content-liability-litigation-group), and Vice Chair of AAJ’s [Technology and Science Section](https://www.justice.org/community/sections/technology-and-science). Maggie published the white paper “[Living Proof:” A Report on the Yazidi Genocide](http://news.syr.edu/blog/2017/10/31/living-proof-syrian-accountability-project-publishes-white-paper-on-the-yazidi-genocide/) with the Syracuse University College of Law’s [Syrian Accountability Project](http://syrianaccountabilityproject.syr.edu/) and continues to volunteer with David M. Crane to assist in ground-breaking documentation of [war crimes in Ukraine](https://syrianaccountabilityproject.syr.edu/docs/russian-war-crimes-against-ukraine-the-global-accountability-network.pdf). Maggie presented at conferences and events at the Syracuse University Newhouse School of Public Communications, Brooklyn Law School, and Quinnipiac University School of Law regarding the impact of sexual trauma and CSAM distribution. [![](https://www.jamesmarshlaw.com/wp-content/uploads/2024/01/LF-Patron-Lockdown-2024-864x369-1.jpg "LF-Patron-Lockdown-2024 864x369 « Marsh Law Firm")](https://www.jamesmarshlaw.com/wp-content/uploads/2024/01/LF-Patron-Lockdown-2024-864x369-1.jpg) ### Practice Areas - Title IX Campus Sexual Assault - Child Sex Abuse - Child Pornography/ Child Sex Abuse Material (“CSAM”) - Crime Victim’s Rights - Criminal Restitution - Children’s Rights ### Education **J.D., Syracuse University College of Law, 2019** **M.P.A., Syracuse University Maxwell School of Citizenship and Public Affairs, 2019** **B.A., Syracuse University, 2016** ### Jurisdictions Admitted to Practice - New York - Northern District of New York - Southern District of New York ### Representative Federal Cases: **Amy v. Curtis**, No. 19-CV-02184-PJH (LB), 2021 WL 4822136, at \*1 (N.D. Cal. Sept. 30, 2021) **Casseaopeia v. Brown**, No. 2:22-CV-00251, 2022 WL 1606520, at \*3 (D. Utah May 20, 2022) **Doe v. Sarah Lawrence Coll.**, 453 F. Supp. 3d 653, 670 (S.D.N.Y. 2020) **Lily v. Feuchtener**, No. 219CV00352RFBEJY, 2020 WL 10693186, at \*2 (D. Nev. Oct. 26, 2020) **M.H. & J.H. on behalf of their minor child, C.H. v. OMEGLE.COM LLC**, March 22, 2022, United States Court of Appeals for the 11th Circuit, No. 22-10338 **United States v. Chapman**, No. 18-CR-250 (ECT), 2021 WL 3879124, at \*5 (D. Minn. Aug. 31, 2021) –*Attorney for the victim(s)* **United States v. Maxwell**, [Doc. #675,](about:blank) District Court, S.D. New York, Docket Number: 1:20-cr-00330 –*Attorney for the victim(s)* **United States v. Weekley**, No. 2:18-CR-27, 2020 WL 6390064, at \*7 (S.D. Ohio Nov. 2, 2020) –*Attorney for the victim(s)* ### Representative Amicus [John Doe #1 & John Doe #2 V. Twitter, Inc](https://childusa.org/briefs/https-childusa-org-wp-content-uploads-2022-08-44-08-11-2022-rainn_childusa-pdf/). August 22, 2022 Ninth Circuit Court of Appeals No. 22-15103, 22-15104 [Courtney Wild V. United States District Court for the Southern District of Florida,](https://childusa.org/briefs/courtney-wild-v-united-states-district-court-for-the-southern-district-of-florida/) October 4, 2021, Supreme Court Of The United States, Case No. 21-351 ### Select Cases in the News [Man alleges Knights of Columbus youth basketball coach abused him as child (news12.com)](https://bronx.news12.com/man-alleges-knights-of-columbus-youth-basketball-coach-abused-him-as-child) [Grandmother accuses CNY school priest of molesting her when she was a girl: ‘They can’t get away with this’ – syracuse.com](https://www.syracuse.com/news/2020/06/grandmother-accuses-cny-school-priest-of-molesting-her-when-she-was-a-girl-they-cant-get-away-with-this.html) [Girl Scouts sex-abuse claim included in NY civil case flurry – The Washington Post](https://www.washingtonpost.com/health/girl-scouts-sex-abuse-claim-included-in-ny-civil-case-flurry/2020/08/05/48ff45ca-d72f-11ea-a788-2ce86ce81129_story.html) [Lawsuit: East Greenbush school officials concealed teacher’s sex abuse (timesunion.com)](https://www.timesunion.com/news/article/Lawsuit-East-Greenbush-School-District-concealed-15510908.php) [Nirvana must be held accountable for ‘Nevermind’ album cover (usatoday.com)](https://www.usatoday.com/story/opinion/2021/11/07/nirvana-nevermind-album-lawsuit-exploitation/6173225001/) [Adults or Sexually Abused Minors? Getting It Right Vexes Facebook – The New York Times (nytimes.com)](https://www.nytimes.com/2022/03/31/business/meta-child-sexual-abuse.html) ### Recent Lectures [Lecture by Margaret E. Mabie, Esq. \| CHILD USA (teachable.com)](https://childusa.teachable.com/courses/cle-4-online-abuse/lectures/24846561) [Get Started: Day 1 of the CESE Summit – NCOSE (endsexualexploitation.org)](https://endsexualexploitation.org/articles/day-1-cese-summit/) [AAJ 2022 Annual Convention – Education (justiceannualconvention.org)](https://www.justiceannualconvention.org/education.aspx) [CHILD USA Destination CLE – CHILD USA](https://childusa.org/child-usa-destination-cle/) ### Recent Publications [‘Living Proof’: Syrian Accountability Project Publishes White Paper on the Yazidi Genocide \| Syracuse University News](https://news.syr.edu/blog/2017/10/31/living-proof-syrian-accountability-project-publishes-white-paper-on-the-yazidi-genocide/) [Former UN Special Prosecutor for International War Crimes Tribunal Releases New Report on War Crimes in Ukraine \| Syracuse University News](https://news.syr.edu/blog/2022/04/11/former-un-special-prosecutor-for-international-war-crimes-tribunal-releases-new-report-on-war-crimes-in-ukraine/) [The Attorney Manual: Guide to Representation of Children Victimized by the Online Distribution of Child Sexual Abuse Material (missingkids.org)](https://go.missingkids.org/l/808593/2021-09-23/4gsbrg) [Trauma-Informed Advocacy \| AAJ (justice.org)](https://www.justice.org/resources/publications/trial-magazine/2022-aug-trauma-informed) ### Featured Documentaries [“Onision: In Real Life” Unmonitored and Chaotic (TV Episode 2021) – IMDb](https://www.imdb.com/title/tt13876308/) [Devil in the Web (TV Series 2022– ) – IMDb](https://www.imdb.com/title/tt20751132/?ref_=nm_knf_t2) --- ### [ Gianna N. Elliot](https://www.jamesmarshlaw.com/our-team/gianna-elliot/) **Published:** January 27, 2023 **Author:** James R. Marsh **Content:** [![](https://www.jamesmarshlaw.com/wp-content/uploads/2025/05/Gianna.png "Gianna « Marsh Law Firm")](https://www.jamesmarshlaw.com/wp-content/uploads/2025/05/Gianna.png) ## Gianna N. Elliot ###### *Senior Associate* Gianna Elliot is an Associate Attorney in the New York City office of the Marsh Law Firm PLLC. Gianna passionately advocates for survivors of sexual abuse and discrimination. Her focus is to help her clients secure justice by holding institutions and individuals who inflict and enable the abuse accountable. Gianna’s practice areas include representing survivors of childhood sexual assault, child pornography, and campus sexual abuse, harassment, and retaliation. Gianna is a former Prosecutor at the Suffolk County District Attorney’s Office, where she handled sensitive casework and prosecuted and assisted in an extensive array of criminal matters involving domestic violence, sexual misconduct, forcible touching, endangering the welfare of a child, felony assault, and sexual abuse. ### About Gianna Elliot is a Senior Associate Attorney of the Marsh Law Firm PLLC. Gianna passionately advocates for survivors of sexual abuse, discrimination, and exploitation in both federal and state courts. Her focus is to help her clients secure justice by holding institutions and individuals, who inflict and enable the abuse, accountable. Gianna’s practice areas include representing survivors of childhood and adult sexual assault, child pornography (“CSAM” also known as child sex abuse material), and campus sexual abuse, harassment, and retaliation. Since joining the Marsh Law Firm, Gianna has and continues to successfully litigate numerous cases, including cases in New York state court under the Child Victims Act, Adult Survivors Act, and Gender Motivated Violence Act, and in various federal courts under Masha’s Law. Prior to joining Marsh Law firm, Gianna worked at the Suffolk County District Attorney’s Office, where she handled sensitive casework and prosecuted and assisted in an extensive array of criminal matters involving domestic violence, sexual misconduct, forcible touching, endangering the welfare of a child, felony assault, and sexual abuse. While at the DA’s Office, Gianna successfully litigated multiple jury and bench trials. Gianna earned her Juris Doctorate from the Maurice A. Deane School of Law at Hofstra University. Upon graduating, she received the New York City Trial Lawyers Alliance Award for Excellence in Trial Advocacy. While at Hofstra Law, Gianna was an Associate Editor of the Hofstra Law Review, President and Secretary of Staff of the Hofstra Trial Advocacy Association, a Child and Family Advocacy Fellow, and a member of the Courtroom Advocates Project and Association of Family and Conciliation Courts Student Task Force. Gianna earned her bachelor’s degree at St. Joseph’s College with cum laude honors in Criminal Justice. Before law school, Gianna worked as a Court Advocate for LI Against Domestic Violence, where she advocated for survivors of domestic violence in Family and Criminal Court. She assisted her clients with filing for orders of protection, navigating the court system, crisis intervention, and safety planning.. ### Practice Areas - Child Sex Abuse / New York Child Victims Act - Adult Sex Abuse / New York Adult Survivors Act - Gender Motivated Violence Act - Title IX Campus Sexual Assault and Discrimination - Child Pornography (CSAM) - Crime Victims’ Rights ### Education ###### **J.D., Maurice A. Deane School of Law at Hofstra University, 2020** Hofstra Law Review, Associate Editor Hofstra Trial Advocacy Association, President and Secretary of Staff Child and Family Advocacy Fellow Member – Association of Family and Conciliation Courts Student Task Force; Courtroom Advocates Project ###### **B.A., St. Joseph’s College, 2015** Graduated cum laude Major: Criminal Justice ### Jurisdictions Admitted to Practice - New York - Eastern District of New York - Southern District of New York ### Awards & Honors New York Metro Super Lawyers Rising Star, 2024 Recipient Rising Star, St. Joseph’s University, 2023 Recipient New York City Trial Lawyers’ Alliance Award for Excellence in Trial Advocacy (2020) Best Closing Argument, National Trial Competition (2019) Excellence in Criminal Procedure I (2019) Best Closing Argument, National Trial Competition (2018) Most Outstanding Effort 1L Trial Competition, Hofstra Law (2018) Excellence Award in Criminal Law (2017) ### Articles and Publications Gianna N. Elliot and Daniel Pollack, **Expert Testimony Regarding Sexual Grooming**, *New York Law Journal*, November 15, 2024 [(PDF) Expert testimony regarding sexual grooming](https://www.researchgate.net/publication/385915762_Expert_testimony_regarding_sexual_grooming) Gianna N. Elliot and Daniel Pollack, **How Attorneys and Social Workers Can Unite to Confront Human Trafficking**, *National Law Journal*, May 22, 2024 [(PDF) How attorneys and social workers can unite to confront human trafficking](https://www.researchgate.net/publication/380784773_How_attorneys_and_social_workers_can_unite_to_confront_human_trafficking) ### Associations Child USA National Crime Victims Bar Association New York State Academy of Trial Lawyers American Association for Justice --- ### [Child Sexual Abuse Materials (CSAM) Reports](https://www.jamesmarshlaw.com/resources/child-sexual-abuse-materials-csam-reports/) **Published:** January 11, 2023 **Author:** James R. Marsh **Content:** [![](https://www.jamesmarshlaw.com/wp-content/uploads/2021/09/20210629_Non-Production-CP-pdf-image.png "Federal Sentencing of Child Pornography Non-Production Offenses-thumbnail « Marsh Law Firm")](https://www.jamesmarshlaw.com/wp-content/uploads/2021/09/20210629_Non-Production-CP.pdf)Federal Sentencing of Child Pornography Non Production Offenses [![](https://www.jamesmarshlaw.com/wp-content/uploads/2020/03/internet-investigation-report-march-2020-pdf-image.png "internet-investigation-report-march-2020-thumbnail « Marsh Law Firm")](https://www.jamesmarshlaw.com/wp-content/uploads/2020/03/internet-investigation-report-march-2020.pdf)Independent Inquiry Child Sexual Abuse The Internet Investigation Report [![](https://www.jamesmarshlaw.com/wp-content/uploads/2020/03/children-outside-united-kingdom-investigation-report-9-january-2020-pdf-image.png "children-outside-united-kingdom-investigation-report-9-january-2020-thumbnail « Marsh Law Firm")](https://www.jamesmarshlaw.com/wp-content/uploads/2020/03/children-outside-united-kingdom-investigation-report-9-january-2020.pdf)Independent Inquiry Child Sexual Abuse Children Outside the United Kingdom Investigation Report Phase 2 --- [![](https://www.jamesmarshlaw.com/wp-content/uploads/2019/12/C3P_ChildRightsFramework_en-pdf-image.png "How We Are Failing Children: Changing the Paradigm-thumbnail « Marsh Law Firm")](https://www.jamesmarshlaw.com/wp-content/uploads/2019/12/C3P_ChildRightsFramework_en.pdf)How We Are Failing Children Changing The Paradigm [![](https://www.jamesmarshlaw.com/wp-content/uploads/2019/09/CV364-Gewirtz-Meydan-et-al-2018-pdf-image.png "CV364 - Gewirtz-Meydan et al 2018-thumbnail « Marsh Law Firm")](https://www.jamesmarshlaw.com/wp-content/uploads/2019/09/CV364-Gewirtz-Meydan-et-al-2018.pdf)The Complex Experience of Child Pornography Survivors [![](https://www.jamesmarshlaw.com/wp-content/uploads/2019/01/Out-the-Shadows-Whitepaper-pdf-image.png "Out-the-Shadows-Whitepaper-thumbnail « Marsh Law Firm")](https://www.jamesmarshlaw.com/wp-content/uploads/2019/01/Out-the-Shadows-Whitepaper.pdf)Out of the Shadows --- [![](https://www.jamesmarshlaw.com/wp-content/uploads/2022/11/WeProtect-GlobalThreatAssessment2018-724x1024.png "WeProtect-GlobalThreatAssessment2018 « Marsh Law Firm")](https://www.jamesmarshlaw.com/wp-content/uploads/2018/11/WeProtect-GlobalThreatAssessment2018.pdf)Global Threat Assessment 2018 [![](https://www.jamesmarshlaw.com/wp-content/uploads/2022/11/Technical-Report-725x1024.png "Technical-Report « Marsh Law Firm")](https://www.jamesmarshlaw.com/wp-content/uploads/2018/03/Technical-Report.pdf)Towards a Global Indicator on Unidentified Victims in Child Sexual Exploitation Material [![](https://www.jamesmarshlaw.com/wp-content/uploads/2015/03/Federal-Child-Pornography-Offenses-pdf-image.png "Federal Child Pornography Offenses-thumbnail « Marsh Law Firm")](https://www.jamesmarshlaw.com/wp-content/uploads/2015/03/Federal-Child-Pornography-Offenses.pdf)Report to Congress Federal Child Pornography Offenses December 2012 --- [![](https://www.jamesmarshlaw.com/wp-content/uploads/2015/03/First-Report-of-the-Dutch-National-Rapporteur-pdf-image.png "First Report of the Dutch National Rapporteur-thumbnail « Marsh Law Firm")](https://www.jamesmarshlaw.com/wp-content/uploads/2015/03/First-Report-of-the-Dutch-National-Rapporteur.pdf)Child Pornography First Report of the Dutch Special Rapporteur 2011 [![](https://www.jamesmarshlaw.com/wp-content/uploads/2015/03/ECPAT-Child-Pornography-and-Sexual-Exploitation-of-Children-Online-pdf-image.png "ECPAT - Child Pornography and Sexual Exploitation of Children Online-thumbnail « Marsh Law Firm")](https://www.jamesmarshlaw.com/wp-content/uploads/2015/03/ECPAT-Child-Pornography-and-Sexual-Exploitation-of-Children-Online.pdf)Child Pornography and Sexual Exploitation of Children Online 2008 [![](https://www.jamesmarshlaw.com/wp-content/uploads/2022/11/TDH-Webcam-Sex-Tourism-725x1024.png "TDH-Webcam-Sex-Tourism « Marsh Law Firm")](https://www.jamesmarshlaw.com/wp-content/uploads/2022/11/TDH-Webcam-Sex-Tourism.png)Webcam Sex Tourism --- [![](https://www.jamesmarshlaw.com/wp-content/uploads/2024/08/Liability-for-Mass-Sexual-Abuse_Page_01-699x1024.png "Liability for Mass Sexual Abuse_Page_01 « Marsh Law Firm")](https://www.jamesmarshlaw.com/wp-content/uploads/2024/08/Liability-for-Mass-Sexual-Abuse.pdf)Liability for Mass Sexual Abuse 2015 ## Canadian Centre for Child Protection – Project Arachnid Project Arachnid – [\#BreakTheCycle](http://www.youtube.com/results?search_query=%23BreakTheCycle) of Abuse --- [![](https://www.jamesmarshlaw.com/wp-content/uploads/2022/11/C3P_SurvivorsSurveyExecutiveSummary2017_en-791x1024.png "C3P_SurvivorsSurveyExecutiveSummary2017_en « Marsh Law Firm")](https://www.jamesmarshlaw.com/wp-content/uploads/2018/09/C3P_SurvivorsSurveyExecutiveSummary2017_en.pdf)Canadian Centre for Child Protection Child Pornography Survivors Survey [![](https://www.jamesmarshlaw.com/wp-content/uploads/2022/11/Binford-Global-Survey-791x1024.png "Binford-Global-Survey « Marsh Law Firm")](https://www.jamesmarshlaw.com/wp-content/uploads/2018/09/Binford-Global-Survey.pdf)A Global Survey of Country Efforts to Ensure Compensation for Child Pornography Victims [![](https://www.jamesmarshlaw.com/wp-content/uploads/2022/11/Beyond-Paroline_-Ensuring-Meaningful-Remedies-for-Child-Pornography-Victims-at-Home-and-Abroad-791x1024.png "Beyond Paroline_ Ensuring Meaningful Remedies for Child Pornography Victims at Home and Abroad « Marsh Law Firm")](https://www.jamesmarshlaw.com/wp-content/uploads/2018/09/Beyond-Paroline.pdf)Beyond Paroline Ensuring Meaningful Remedies for Child Pornography Victims at Home and Abroad --- [![](https://www.jamesmarshlaw.com/wp-content/uploads/2021/09/20091030_History_Child_Pornography_Guidelines-pdf-image.png "History of the Child Pornography Guidelines-thumbnail « Marsh Law Firm")](https://www.jamesmarshlaw.com/wp-content/uploads/2021/09/20091030_History_Child_Pornography_Guidelines.pdf)The History of the Child Pornography Guidelines [![](https://www.jamesmarshlaw.com/wp-content/uploads/2019/09/ChildPornographyBibliography-pdf-image.png "ChildPornographyBibliography-thumbnail « Marsh Law Firm")](https://www.jamesmarshlaw.com/wp-content/uploads/2019/09/ChildPornographyBibliography.pdf)Child Pornography Bibliography [![](https://www.jamesmarshlaw.com/wp-content/uploads/2015/03/CAN_Narrative_1-5-16-v4L-pdf-image.png "CAN_Narrative_1-5-16-v4L-thumbnail « Marsh Law Firm")](https://www.jamesmarshlaw.com/wp-content/uploads/2015/03/CAN_Narrative_1-5-16-v4L-pdf-image.png)Childhood Adversity Narratives --- ## ACE Study DVD – Executive Summary ACE Study Executive Summary --- ## The Abuse That Never Ends Child Pornography: The Abuse That Never Ends --- # Prevention and Treatment [![](https://www.jamesmarshlaw.com/wp-content/uploads/2022/11/YSO-Desk-Guide-791x1024.png "YSO-Desk-Guide « Marsh Law Firm")](https://www.jamesmarshlaw.com/wp-content/uploads/2020/12/YSO-Desk-Guide.pdf)Preventing and Addressing Child Sexual Abuse in Youth Serving Organizations --- # Child Pornography Bibliography Renold, Emma and Susan J. Creighton with Chris Atkinson and John Carr, **Images of Abuse** London: NSPCC, 2003 (ISBN:1-84228-030-9) Barnen, Rädda, **Children who don’t speak out** Sweden: Rädda Baren and the authors, 1996 (ISBN: 91-88726-58-4) Jenkins, Philip, **Beyond Tolerance: Child Pornography on the Internet** New York and London: New York University Press, 2001 (ISBN: 0-8147-4246-9) Ost, Suzanne, **Child Pornography and Sexual Grooming** New York: Cambridge University Press, 2009 (ISBN:0-413-61540-5) Burgess, Ann Wolbert, **Child Pornography and Sex Rings** New York: Lexington Books, 1984 (ISBN: 0-669-06741-5) Campagna, Daniel S. and Donald L. Poffenberger, **The Sexual Trafficking in Children** Massachusetts: Auburn House Publishing Company, 1988 (ISBN: 0-86569-154-1) Sher, Julian, **Caught in the Web** New York: Carroll and Graf Publishers, 2007 (ISBN-13: 978-0-78671-888-7 ISBN-10: 0-7867-1888-9) Tate, Tim, **Child Pornography An Investigation** Great Britain: Methuen London, 1990 (ISBN: 978-0-521-88582-9) Faller, Kathleen Coulborn, **Understanding and Assessing Child Sexual Maltreatment** California: Sage Publications, Inc., 2003 (ISBN: 0-7619-1997) Myers, John E. B., **The APSC Handbook on Child Maltreatment** California: Sage Publications, Inc. 2002 (ISBN: 0-7619-1992-9) Cooper, Sharon W., **Child Sexual Exploitation** GW Medical Publishing, Inc. 2005 (ISBN: 978-1-87806-037-2) Moore, Robert, **Cybercrime: Investigating High Technology Computer Crime** Matthew Bender & Company Inc., 2005 (ISBN: 1-59345-303-5) Quayle, Ethel; Taylor, Max, **Viewing Child Pornography on the Internet** Dorset, UK: Russel House Publishing, 2005 (ISBN: 1-90855-69-1) Taylor, Max; Quayle, Ethel, **Child Pornography: An Internet Crime** East Sussex, UK: Routledge, 2003 (ISBN: 1-58391-244-4) Davidson, Julia; Gottschalk, Petter, **Internet Child Abuse: Current Research and Policy** New York: Routledge, 2011 (ISBN: 978-0-415–55980-5) O’Donnell, Ian; Milner, Claire, **Child Pornography: Crime, Computers, and Society** Oregon: Willian Publishing, 2007 (ISBN: 9781-84392-357-2) --- ### [About Us](https://www.jamesmarshlaw.com/about-us/) **Published:** November 9, 2016 **Author:** James R. Marsh **Content:** #### Marsh law firm Marsh Law Firm focuses our legal practice exclusively on representing survivors of sexual abuse and discrimination. We pride ourselves on being survivor focused, trauma informed, and justice-oriented lawyers. We advocate for our clients both in and out of the courtroom to secure justice and hold perpetrators and the institutions that enable abuse accountable. Our legal team understands that disclosing sexual abuse is an incredibly difficult process. Our goal is to work closely with each of our clients and approach each situation with empathy, respect, and understanding. Our first promise to our clients is that we will support them throughout their healing journey. Marsh Law Firm has a robust legal practice in New York and Michigan. Our attorneys have substantial experience handling claims involving childhood sexual abuse, including claims against the Catholic Church and other institutions, adult sexual abuse, as well as online sexual exploitation and child sex abuse material (CSAM). Our attorneys represent survivors of campus sexual assault and discrimination in educational settings at the K-12, college, or university level, state and federal administrative proceedings, and in the courts. Marsh Law Firm regularly advocates for trauma-informed legislation that enables survivors of sexual abuse to come forward and hold perpetrators and institutions that failed to protect children accountable. Since 2005, our law firm has advocated for and helped to successfully pass major law reforms for victims of child sex abuse material (CSAM) and online exploitation. Our law firm helped author landmark victim-driven legislation such as Masha’s law and the Amy, Vicky, & Andy Child Pornography Victim Assistance Act. Additionally, our law firm was instrumental in the historic passage of New York’s Child Victim’s Act- which extended the statute of limitations for child sex abuse claims and opened a window which allowed survivors with previously lapsed claims to seek justice. Our attorneys have been consistently fighting for similar legislation nationally, and in Michigan and other states. Our law firm will continue this fight until similar windows are opened throughout the country. Marsh Law Firm celebrates diversity and is committed to creating an inclusive atmosphere that is welcoming to all. We help survivors rebuild their lives with dignity and respect through comprehensive legal representation. Contact us today for a free legal consultation. --- ### [Practice Areas](https://www.jamesmarshlaw.com/practice-areas/) **Published:** November 21, 2022 **Author:** James R. Marsh **Content:** Marsh Law Firm focuses our legal practice exclusively on representing survivors of sexual abuse and discrimination. We pride ourselves on being survivor focused, trauma informed, and justice-oriented lawyers. We advocate for our clients both in and out of the courtroom to secure justice and hold perpetrators and the institutions that enable abuse accountable. ### **Childhood Sexual** **Abuse** Childhood sexual abuse is often referred to as a “silent crime” that thrives in the dark because victims have difficulty disclosing the trauma they endured. The attorneys at the Marsh Law Firm have extensive experience helping victims and survivors of childhood sexual abuse achieve both criminal and civil justice. [Learn more](https://www.jamesmarshlaw.com/practice-areas/online-sexual-exploitation/) ### **Title IX — Campus Sexual Assault** Marsh Law Firm represents victims of campus sexual assault in disciplinary hearings and appeals at colleges and universities across the country. We have filed numerous complaints for victims with the Department of Education’s Office for Civil Rights and litigated Title IX cases in federal court. [Learn more](https://www.jamesmarshlaw.com/practice-areas/campus-sexual-assault/) ### **Online Sexual Exploitation** Our law firm has been fighting abuse on the internet since 2005 when we began representing victims of child pornography and online exploitation.  Our lawyers have assisted in lawsuits against major technology companies such as Twitter, Omegle, and the mass online distribution of child sex abuse material. [Learn more](https://www.jamesmarshlaw.com/practice-areas/child-abuse/) ### **Adult Sexual Abuse** Marsh Law Firm focuses solely on representing survivors of sexual abuse. We recognize that survivors face a myriad of long-lasting psychological, emotional, and physical effects from the trauma they endured. The legal team at Marsh Law Firm is specifically trained on how trauma impacts survivors and tailor our representation to be sensitive to this. [learn more](https://www.jamesmarshlaw.com/practice-areas/adult-sexual-abuse/) ### **Social Media MDL** Victims and survivors of online harm and exploitation can participate in this groundbreaking products liability lawsuit against major social media companies including Meta, Facebook, Instagram, Snapchat, TikTok, Google, and YouTube [Learn more](https://www.jamesmarshlaw.com/social-media-mdl/) --- ### [Chrisna Bosques](https://www.jamesmarshlaw.com/our-team/chrisna-bosques-profile/) **Published:** November 21, 2022 **Author:** James R. Marsh **Content:** [![](https://www.jamesmarshlaw.com/wp-content/uploads/2023/11/Chrisna-Bosques.jpg "Chrisna-Bosques « Marsh Law Firm")](https://www.jamesmarshlaw.com/wp-content/uploads/2023/11/Chrisna-Bosques.jpg) ## Chrisna Bosques ###### *Paralegal* Chrisna is a passionate human rights advocate, dedicated to securing the restitution for survivors of childhood sexual abuse and combating the proliferation of CSAM ## About Chrisna Bosques is a dedicated paralegal at Marsh Law Firm with over five years of experience in New York State. A SUNY Farmingdale graduate, Chrisna initially specialized in real estate law before transitioning to work that more closely aligns with her core values. She has demonstrated proficiency in handling complex transactions and ensuring seamless processes. Chrisna is a passionate human rights advocate, dedicated to securing the restitution for survivors of childhood sexual abuse and combating the proliferation of CSAM. --- ### [Jennifer Freeman](https://www.jamesmarshlaw.com/our-team/jennifer-freeman/) **Published:** November 21, 2022 **Author:** James R. Marsh **Content:** [![Jennifer Freeman](https://www.jamesmarshlaw.com/wp-content/uploads/2023/10/IMG_2776-905x1024.jpeg "IMG_2776 « Marsh Law Firm")](https://www.jamesmarshlaw.com/wp-content/uploads/2023/10/IMG_2776-scaled.jpeg)Jennifer Freeman ## Jennifer Freeman ###### *Special Counsel* Jennifer Freeman is a leading attorney advocate dedicated to protecting the victims of sexual abuse, child pornography (also known as “CSAM”), discrimination, and exploitation. Since filing her first child sex abuse case in 1995, Jennifer has secured hundreds of millions of dollars for her clients and held accountable the estate of Jeffrey Epstein, Rockefeller University, Catholic Dioceses, the Boy Scouts, YMHA, the NYC Board of Education, private schools, camps, and others. Jennifer exposed the FBI’s failures regarding the Epstein sex trafficking conspiracy, [Letter Requesting Investigation of the FBI’s Failures Surrounding Jeffrey Epstein’s Sex Trafficking and Child Pornography (CSAM) Crimes – Marsh Law Firm (jamesmarshlaw.com)](https://www.jamesmarshlaw.com/letter-re-jeffrey-epstein-calling-for-investigation-of-fbi-including-exhibits/), and brought to jury verdict one of the first Title IX claims against a university. ### About Jennifer Freeman is a leading attorney advocate dedicated to protecting the victims of sexual abuse, child pornography (also known as “CSAM”), discrimination, and exploitation. Since filing her first child sex abuse case in 1995, Jennifer has secured hundreds of millions of dollars for her clients and held accountable the estate of Jeffrey Epstein, Rockefeller University, Catholic Dioceses, the Boy Scouts, YMHA, the NYC Board of Education, private schools, camps, and others. Jennifer exposed the FBI’s failures regarding the Epstein sex trafficking conspiracy, [Letter Requesting Investigation of the FBI’s Failures Surrounding Jeffrey Epstein’s Sex Trafficking and Child Pornography (CSAM) Crimes – Marsh Law Firm (jamesmarshlaw.com)](https://www.jamesmarshlaw.com/letter-re-jeffrey-epstein-calling-for-investigation-of-fbi-including-exhibits/), and brought to jury verdict one of the first Title IX claims against a university. Jennifer serves as the Chair of CHILD USAdvocacy, whose mission includes reforming child sex abuse statutes of limitations across the country to offer survivors access to justice. She has advanced statutory change for child sex abuse survivors through New York’s Child Victims Act, the Amy Vicky & Andy Act in Congress, and other legislation. Jennifer also works on a Global Task Force seeking time-bar reform around the world. Jennifer also serves as a commentator and speaker on these issues and has appeared on many media outlets, including Fox, MSNBC, and PBS. [![](https://www.jamesmarshlaw.com/wp-content/uploads/2023/07/jennifer-fox-website-1024x593.jpg "jennifer-fox-website « Marsh Law Firm")](https://www.youtube.com/watch?v=vi_d0ZW_k7M) [The FBI ‘hung up on me’: Epstein victim – FOX News](https://www.youtube.com/watch?v=vi_d0ZW_k7M) [![](https://www.jamesmarshlaw.com/wp-content/uploads/2023/04/unnamed-3.png "unnamed (3) « Marsh Law Firm")](https://www.msnbc.com/velshi-ruhle/watch/ny-law-gives-child-sex-abuse-victims-new-chance-at-justice-66089541878) [NY law gives child sex abuse victims new chance at justice (msnbc.com)](https://www.msnbc.com/velshi-ruhle/watch/ny-law-gives-child-sex-abuse-victims-new-chance-at-justice-66089541878) [![](https://www.jamesmarshlaw.com/wp-content/uploads/2023/04/unnamed-2.png "unnamed (2) « Marsh Law Firm")](https://www.pbs.org/newshour/show/n-y-suspended-its-statute-of-limitations-on-child-sex-abuse-a-flood-of-claims-emerged) [N.Y. suspended its statute of limitations on child sex abuse. A flood of claims emerged \| PBS NewsHour](https://www.pbs.org/newshour/show/n-y-suspended-its-statute-of-limitations-on-child-sex-abuse-a-flood-of-claims-emerged) [![](https://www.jamesmarshlaw.com/wp-content/uploads/2023/04/unnamed-1.png "unnamed (1) « Marsh Law Firm")](https://www.cbsnews.com/news/new-york-doctor-reginald-archibald-may-have-abused-more-than-1000-victims-over-40-years/?intcid=CNM-00-10abd1h) [New York doctor Reginald Archibald may have abused more than 1,000 victims over 40 years – CBS News](https://www.cbsnews.com/news/new-york-doctor-reginald-archibald-may-have-abused-more-than-1000-victims-over-40-years/?intcid=CNM-00-10abd1h) [![](https://www.jamesmarshlaw.com/wp-content/uploads/2023/04/unnamed.png "unnamed « Marsh Law Firm")](https://www.miamiherald.com/opinion/op-ed/article249375815.html) [NY suspends statute of limitations on childhood sex abuse \| Miami Herald](https://www.miamiherald.com/opinion/op-ed/article249375815.html) [videos \| Info \| HERE Radio-Canada.ca](https://ici.radio-canada.ca/info/videos/media-8185453/violence-faite-aux-femmes-etat-new-york-change-ses-lois) [Survivors of child sexual abuse gear up for August 14 to file lawsuits against their abusers \| WBFO](https://www.wbfo.org/crime/2019-08-05/survivors-of-child-sexual-abuse-gear-up-for-august-14-to-file-lawsuits-against-their-abusers) [Teen abused, impregnated by fellow psych patient: lawsuit (nypost.com)](https://nypost.com/2020/12/19/teen-abused-impregnated-by-fellow-psych-patient-lawsuit/) Jennifer graduated from Cornell University and the George Washington National Law Center where she was Editor-in-Chief of the GW Journal of Law & Economics. After clerking for the Honorable John R. Brown, Chief Judge of the United States Court of Appeals for the Fifth Circuit, she began her legal practice at Shearman & Sterling, founded her own law firm, and later joined the Marsh Law Firm. She has served as Special Master for New York Supreme Court Justices, been a featured speaker at conferences about sex abuse issues in Davos, Switzerland and elsewhere, received numerous awards such as the 2019 PowerPlay Advocacy Award, and serves as a Board member to the American Friends of the Ludgwig Foundation of Cuba which supports young Cuban artists. She is a member of the New York and Florida bars. ### Practice Areas - Child Sex Abuse - Child Pornography - Title IX Sex Discrimination in Schools and Colleges - Crime Victim’s Rights - Sexual Harassment - Gender Discrimination - Employment Law ### Education **J.D., George Washington University** Graduated with Honors Editor-in-Chief, Journal of International Law and Economics **B.A., Cornell University** Graduated *cum laude* ### Jurisdictions Admitted to Practice - New York - Texas - US District Court – Southern District of New York - US District Court – Northern District of New York - US District Court – Southern District of Texas - Second Circuit - Fifth Circuit - Sixth Circuit - Eleventh Circuit - United States Supreme Court ### Judicial Clerkships Law Clerk to the Honorable John R. Brown, Chief Judge, United States Court of Appeals, Fifth Circuit --- ### [Attorney Advertising](https://www.jamesmarshlaw.com/attorney-advertising/) **Published:** March 1, 2015 **Author:** James R. Marsh **Content:** **THIS WEBSITE, OUR BLOGS, AND THEIR ENTIRE CONTENT, IS ATTORNEY ADVERTISING — PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME** The information contained in this website and our blogs and affiliated websites ([ChildLaw](http://www.childlaw.us), [Title IX on Campus](http://www.titleix.us), [ChildVictims](http://childvictims.us/), [Social Media MDL](https://socialmediamdl.com/)) is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from these sites—clients or otherwise—should act or refrain from acting on the basis of any content included in these sites without seeking the appropriate legal or other professional advice, from an attorney licensed in the recipient’s state, on the particular facts and circumstances at issue. The content of our websites and blogs contains general information and may not reflect current legal developments, verdicts, or settlements. The Marsh Law Firm expressly disclaims all liability in respect to actions taken or not taken based on any or all the contents of our websites and blogs. Any information sent to the Marsh Law Firm by Internet e-mail or through our websites and blogs is not secure and is done so on a non-confidential basis. Transmission of information from our websites and blogs does not create an attorney-client relationship between the sender and the Marsh Law Firm nor is it intended to do so. The transmission of our websites and blogs, in part or in whole, and/or any communication with us via Internet e-mail through our websites and blogs does not constitute or create an attorney-client relationship between us and any recipients. Any e-mail transmitted through our websites and blogs is private only to the extent that any other unencrypted transmission over the Internet is private. If you have concerns regarding this type of communication, please contact us via telephone, mail, or fax. Some links within our websites and blogs may lead to other websites, including those operated and maintained by third parties. The Marsh Law Firm includes these links solely as a convenience and the presence of such a link does not imply a responsibility for the linked site or an endorsement of the linked site, its operator, or its contents. Our websites and blogs and their contents are provided “AS IS” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Furthermore, the Marsh Law Firm does not wish or intend to represent anyone desiring representation based upon viewing our websites and blogs in a state where our websites and blogs fail to comply with the laws and ethical rules of that state. Nothing on any of our websites and blogs is an attempt to solicit or advise to organizations or individuals seeking legal advice. Unless otherwise indicated, reproduction, distribution, republication, and/or re-transmission of material contained within our websites and blogs is prohibited unless otherwise indicated or prior written permission is obtained. The Marsh Law Firm PLLC is the sole owner of our websites and blogs and their domain names. Our attorneys are licensed to practice law in New York, Michigan, California, Texas, Kansas, Florida, and Washington, DC. The firm’s main office is located in New York at 31 Hudson Yards, 11th Floor, New York, New York 10001. You can contact us at 212-372-3030 or <help@marsh.law>. --- ### [Client Testimonials](https://www.jamesmarshlaw.com/client-testimonials/) **Published:** March 17, 2017 **Author:** James R. Marsh **Content:** What I can have now is some closure. I can finally say that what happened was brought into the light, that it mattered, and that there was accountability. I think that will allow me to finally put down something I’ve been carrying for most of my life and leave a piece of it behind. Thank you for helping me get there. I mean that sincerely. I also really want you to know what I think about the work you do. When this happened to us, we were far too young to understand what was happening, why it was happening, or what we were supposed to do about it. We didn’t have the words, the understanding, or the ability to stand up for ourselves. At least for me, I just carried it quietly for decades. You gave us something we couldn’t give ourselves when we were children. You give us a voice. You give us the chance to understand that what happened mattered, to have someone stand beside us and fight for us, and ultimately to find some measure of justice. There is also hope in knowing that even after all these years, it wasn’t too late. I don’t know if you always get to see what that means on the other side of the legal work, but I hope you know that it means a great deal to me. It is almost surreal to think that we have finally been able to address something that happened more than 40 years ago. For most of my life, what Jack did was this one demon, this one thing that hurt that I never shared with anyone. I buried it, went on with my life, and for a very long time assumed there would never be any accountability for it. I wanted to take a minute to thank all three of you, and everyone else who has worked on our cases for everything you have done over all these years. I know this has been a long and complicated road, and I don’t know that I can adequately put into words how much reaching this point means to me. Thank you very much for getting our case to the finish line. I want you all to know that I will never forget the compassion you all have shown me(and the other plaintiffs). Your professionalism and your kindness make you the successful firm you are. Knowing that this chapter is in the rear-view mirror really does bring me a sense of peace. More importantly, you validated my experience and found some way of making that very sad chapter in my young life a little less painful. I will be forever grateful. Thank you for your legal representation and trauma-informed advocacy on my behalf—I am grateful for your guidance and support throughout this difficult process. I really appreciate all that you, Jennifer, Maggie, Bob and the support staff did for me throughout this entire process. Not only in your legal representation, but for believing in my story on a personal level and going to great lengths in helping me prove it. You gave me victories that I never thought I’d see, gifts that money could never buy. I will never forget your kindness. I am writing to all of you to express my sincere thanks for all of the time and effort that each of you has devoted to my case. Throughout these five-plus years, each of you has been compassionate, friendly, amazingly responsive, supportive, and willing to devote all the time necessary to answer my questions, address my concerns, and work to get a settlement that I am extremely pleased with. Without exception, everyone that I interacted with at Marsh has exceeded my expectations and provided exemplary legal services. Thank you!! So grateful I had Tatiana with me in the deposition. I couldn’t have imagined such competent, professional, and supportive representation. I could not have asked for a more capable and understanding lawyer than you. I will always hold you and your firm very close to my heart for saving my college experience. Helene Weiss represented me in a Title IX case at Trinity College during the 2021-2022 academic year. I was sexually assaulted by an upperclassman three days into my freshman year – a time where everything around me was already laced with uncertainty. I felt like my life was over before I had the chance to begin. Helene and Marsh Law Firm empowered me with the support and legal prowess to get my story heard and believed. With her expert advocacy, my rapist was expelled and permanently barred from stepping foot on campus ever again. I received an outstanding outcome of restorative justice because Helene did not just treat me like a client, but as an equal. She lightened the burden of facing the college’s bureaucratic processes alone so I could focus on my academics. She was diligent in her approach to my case; she took care to remember every nuance and ensured I was receiving the support from the college that I deserved. Helene Weiss is a champion of justice. I will always be eternally grateful for the work she and her firm has done for me. I cannot for the life of me begin to convey, the feelings and appreciation I have for you…You stood by me from the second I returned to the firm. You always made yourself available to me regardless of what you had going on at that moment. I was out of trust and confidence. No one including you guys will ever know just how truly horrific the things were that happened to me because I never shared just how awful it was. Tatiana…you sincerely listened to me you took the time necessary and you didn’t make me feel like just another victim! I will never really be able to convey my gratitude and you will never unfortunately ever really be able to know what you gave me back that I lost 45 years ago! I will forever be in your debt. I believe that you all do this so much, that at times it just becomes another day. James you should be nothing short of proud of the team you have. This was never ever about money, never! I needed them to feel the pain that they brought upon me and let them know just how they altered my life forever! I believe we absolutely accomplished that! I’m slowly beginning to feel vindicated if you will. Thank you from the bottom of my heart, and I will never forget what you have done for me and I will forever appreciate your loyalty and dedication! I’m no longer a religious man, that went out the window so long ago! Having said that God bless you and your families now and forever… Thank you! And you- words cannot express how grateful we are to have found you. Your mix of brilliance and carefree attitude is the perfect combination needed for these types of cases. I thank you again a zillion times plus. As if you didn’t already know- Maggie is just exceptional! She always goes above and beyond and is such a powerhouse in that tiny person! Her compassion and commitment and genuine concern is outstanding and made such a big difference for us all. That there is a light at the end of the tunnel or at least a peephole I was thirteen years old when I was raped and sodomized by a prominent New York City Physician at a renowned medical institution. I lost my puberty and adolescence to a predator that was trusted by his profession to heal and not harm. At age fourteen I started psychiatric care for my depression, anxiety and hatred for everything in my life. I thought there would be no end to this cycle of hurt. However, at the age of sixty-four years, I met Jennifer Freeman and realized I had the power to strike back at the institution that allowed this to happen and hold them accountable. What Jennifer and her team accomplished was free me of the guilt, shame, paranoia and depression that fifty-one years of therapy couldn’t accomplish. I realized it’s not healthy in mind and spirit to keep such a burden to myself. I also realized the critical importance of fighting against insidious actors that debilitated most of my life. I now free of the guilt, shame, paranoia and depression by letting Jennifer and her associates deliver a devastating blow to the Doctor and hospital that caused me such traumatizing pain. I am now full of life, happiness and hope for my future due to my decision to let these lawyers help me in my cause for the cure that saved my life and mind. Thank you Jennifer and the rest of the Marsh Law Firm lawyers who worked so hard on my case and helped me so much! You have such a wonderful team and we are so fortunate to have you all helping us. I just wanted to personally thank everyone that worked on my case. Everyone was professional, compassionate, knowledgeable and of endless help in determining the outcome of this disturbing case. I am going to move on with my life, and wish you all, all of the best. You have a great team assisting you in the day to day operations. Katie and everyone else were wonderful to deal with and always responsive. I know you will continue to fight for all of the other victims that are unfortunately out there. I hope they find you to represent them! Thanks very much everyone for your stellar work and thoughtful guidance. It is very much appreciated, particularly given how difficult this process has been for me. I appreciate everyone’s effort and professionalism with this. You have all been so helpful along the way and it has helped me to get through this. The preparation before speaking with the arbitrator helped me to relax a bit and prepare for what I knew would be a difficult meeting. I am very grateful for that. I want to thank the great group who were so supportive. I want to thank Katie and all those who worked on my behalf. I will always appreciate the wonderful services that you provided me. Thank you so much for all of your team’s hard work and efforts. I really appreciate it and now hopefully I will be able to close that chapter in my life. It’s been a pleasure dealing with your firm and the professional, empathetic manner you convey. Everyone I have dealt with and spoken to between both firms have been of the most utmost professionalism and actually at least for me made it easy on a subject that isn’t so easy to discuss. For that I thank each and every one of you. Thank you so much for your patience and hard work. Me and my family are eternally grateful. Thank you very much for all that you have done. I really appreciate how well everyone communicated throughout this. You each made things understandable and I know that is not so easy to do. Thank you as well and I’m certainly very glad I had you representing me. Thank you all for everything, I truly appreciate your hard work and support through all of this. THANK YOU SO VERY MUCH! I can’t tell you what a relief I am feeling right now and a sense of finally getting this over and behind me. The Marsh team has been a pleasure to work with, thank you all. I spoke to Maggie and she was so comforting to me in the way she spoke. Compassionate, kind and so helpful. She helped me come to terms with many thoughts that had plagued my life because of the Boys Scouts. From the bottom of my heart I can’t explain how much it has meant to me that all of you have been so dedicated to this and more importantly that you have always believed us. It is something I have to live with for the rest of my life, but your firm has made it easier to live with because you believed me. Because of Jennifer Freeman and Katie Shipp’s professionalism, their caring empathy, transparency and knowledge, I had a most wonderful outcome to my case. To say I highly recommend them would be an understatement. It’s truly important to me to thank all of you for working tirelessly on this for myself and for the many other victims that you are representing. So thank you for your help, your commitment, your understanding and most of all for your caring. Each person that I’ve dealt with here has been so incredibly supportive. I just wanted to send my sincerest and heartfelt thank you and congratulations for the passage of the CVA on Monday! I know how hard you lobbied for it. I’m incredibly thankful as are hundreds of other child victims of predators who have lived for so long with the memories of the vile criminal acts committed against them so many years ago. It’s almost surreal that there’s light at the end of the tunnel and justice will be served. I think I can speak for my whole family in saying we are all very proud to have you as our lawyer and thank you again for everything you have done so far to bring closure to so many injured children and adults. A special thanks to James Marsh for his continuous effort in the righting of the wrong that has been overlooked for so long. I couldn’t dream about a better team on my side. Thank you so much for all your hard work! I want to thank you for all of your much needed legal expertise that helped me navigate through an overwhelming system with my daughter. I’m grateful she has you and your firm fighting for her throughout this nightmare. It levels the playing field a little somewhat by making sure her voice will no longer go unheard. Thank you for your light in all of this darkness. I am eternally grateful to Katie Shipp, Jennifer Freeman and James Marsh. Facing pregnancy discrimination during my school residency was the toughest experience in my life. Katie, Jennifer and James provided me with great legal advice and with their expertise, I was able to fight back and ultimately complete my residency. I hope that anyone in my situation is lucky enough to to have a dream team like Katie, Jennifer and James by their side. They are my heroes and true victim advocates. Both of you fought for my school to treat me better. I don’t think OCR would have opened my complaint without your help, and I certainly don’t think I’d still be at college without your support. Thank you so much. I will forever recommend survivors who need legal help go to you. From the beginning, you took what I was saying seriously and didn’t criticize me. You spent time going through my case and asking me questions instead of just dismissing it. You scared the daylights out of them on the phone which was honestly one of the highlights of my year. I want to take this opportunity to thank you for all the amazing work you’ve done for me. When I was trying to get help, I spoke to a handful of lawyers, including many at law firms that are supposed to be good for survivors and the responses I got included: “You should have gone to the police,” “If you couldn’t identify your attacker, Title IX doesn’t apply,” and “You need to get over it.” (I’m not kidding.) You both were the first to treat me with dignity and respect. I’m thankful multiple times each and every day for the ways that you went above and beyond to hear us, advocate, and fight for our best interests and wishes. Thanks so much for your hard work and your amazingly written appeal. You’re the MVP of this whole process. I can’t even describe how much of a help you’ve been. God bless you and the people in your firm for caring about children the way you do! Thank you for believing me and for working so hard for me and my family. Thank you so much for all the time and effort everyone makes to forge ahead. I cannot express the way I feel about how wonderful your firm is. Like I have mentioned to Katie before, it means a lot when someone believes you. Thank you so much in all the hard work you put into this appeal. I’m sure you left no stone un-turned. The two of you are amazing at what you do. I am very impressed and pleased with what I have read so far, the details and truth all is in your analysis. If this doesn’t change anything, nothing ever could. No words enough can explain how thankful I am! I just can’t begin to thank you enough for all you did. You are a very compassionate person, who is understanding and willing to work with people who are stuck. I know if I ever needed I could turn to you and your firm again. I can’t begin to thank you enough for all that you did for me. When I was at my end of the road, wanted to just end it all; and disappear from all the pain I’ve experienced, I was referred to you and the firm. I was naive, no idea what to do, or even if my case would go far. When I was hurting, being ridiculed, scolded, hurt from all the stuff that happened at this college, it kind of felt like a sense of relief to know that someone is willing to take me as I am, and work with my problems to get it solved. You honestly helped me in a way I never thought could happen. I am proud to work along side you and your firm. You took me as I was, my issues, my hurt and my uncertainty and turned it into something more. Although nothing and no one can take away what happened to me, at least I got something more than I even expected. --- ### [Sign Up for News and Updates](https://www.jamesmarshlaw.com/sign-up-for-news-and-updates/) **Published:** September 8, 2020 **Author:** James R. Marsh **Content:** Your Name (required) Your Email (required) Phone City State Date of Incident Location of Incident (include state) Type of Legal Matter —Please choose an option—Social Media Addiction / MDLJeffrey Epstein Sex AbusePennsylvania Sex AbuseNew York Sex AbuseMichigan Sex AbuseSex Abuse – Any StateTitle IX – College or UniversityTitle IX – High School or Middle SchoolTitle IX – Elementary SchoolChild Pornography – ProductionChild Pornography – Distribution and PossessionChild Pornography – RestitutionSex Abuse – At SchoolSex Abuse – At CampSex Abuse – In Foster CareSex Abuse – By Relative or FriendSex Abuse – By Priest, Minister, Religious LeaderSex Abuse – OtherCrime Victim – OtherFederal AppealsStatutory ReformCrime Victim's RightsOther Use Ctrl key to select multiple types Comments This form sends information by non-encrypted e-mail, which is not secure. Submitting this form does not create an attorney-client relationship. By submitting this form, you agree to be bound by the provisions on our [disclaimers page](https://www.jamesmarshlaw.com/disclaimers/). Someone will respond within 24 hours. Thank you! Δ --- ### [Robert Y. Lewis](https://www.jamesmarshlaw.com/our-team/robert-y-lewis/) **Published:** November 21, 2022 **Author:** James R. Marsh **Content:** [![](https://www.jamesmarshlaw.com/wp-content/uploads/2022/11/RobertYLewis.jpg "RobertYLewis « Marsh Law Firm")](https://www.jamesmarshlaw.com/wp-content/uploads/2022/11/RobertYLewis.jpg) ## Robert Y. Lewis ###### *Senior Counsel* Robert (“Bob”) Y. Lewis has been litigating and trying cases around the country for 35 years, with an 85%-win record on cases going to verdict. As a federal prosecutor in Los Angeles in the 1990s he worked tirelessly to ensure justice for crime victims and the public at large. As senior counsel at the Marsh Law Firm PLLC, he represents survivors of childhood sexual abuse and other crime victims. Bob views his role as giving survivors of sexual abuse a voice which the abuse so often takes from them. He believes that for far too long institutions, both private and governmental, have turned a blind eye to sexual abuse perpetrated in their midst, and that it is high time to hold them to account for the crimes of their agents. ### About Robert (“Bob”) Y. Lewis has been litigating and trying cases around the country for 35 years, with an 85%-win record on cases going to verdict. As a federal prosecutor in Los Angeles in the 1990s he worked tirelessly to ensure justice for crime victims and the public at large. As senior counsel at the Marsh Law Firm PLLC, he represents survivors of childhood sexual abuse and other crime victims. Bob views his role as giving survivors of sexual abuse a voice which the abuse so often takes from them. He believes that for far too long institutions, both private and governmental, have turned a blind eye to sexual abuse perpetrated in their midst, and that it is high time to hold them to account for the crimes of their agents. Bob has been heavily involved in giving voice to survivors of the Jeffrey Epstein/Ghislaine Maxwell sex trafficking enterprise. Bob lives and works in Garden City, Ks., his hometown. When not practicing law, he represents Garden City in the Kansas State legislature. In that role, he is a member of the Judiciary Committee and works to advance crime victim rights. Bob is a graduate of Grinnell College, where he was inducted into Phi Beta Kappa. A graduate of Stanford Law School, he was a notes Editor on the Stanford Law Review. After law school, he clerked for the Honorable Harlington Wood Jr. on the United States Court of Appeals for the Seventh Circuit in Chicago. In 1985 and 1986, Bob studied international and comparative criminal law in Germany as a Rotary Fellow. He has a perfect 10 rating with AVVO and has been designated as a Preeminent Lawyer with an AV rating by the Martindale Hubbell Law Directory. Bob is admitted to practice in New York, California, and Kansas. ### Practice Areas - Child Pornography - Crime Victim Rights - Criminal restitution - Title IX ## Education **J.D., Stanford Law School, 1984** Notes Editor – Stanford Law Review Rotary Fellow, Max Planck Institute for Comparative and International Criminal Law, Freiburg, Germany **B.A., Grinnell College, 1980** Graduated *Phi Beta Kappa* ### Jurisdictions Admitted to Practice - New York - California - Kansas - US District Court – Southern District of New York - US District Court – Eastern District of New York - Second Circuit - Ninth Circuit - District of Columbia Circuit - United States Supreme Court ### Judicial Clerkships Law Clerk to the Honorable Harlington Wood, Jr., United States Court of Appeals, Seventh Circuit --- ### [Pennsylvania Sexual Abusers in our Midst](https://www.jamesmarshlaw.com/pennsylvania-sexual-abusers-in-our-midst/) **Published:** January 14, 2019 **Author:** James R. Marsh **Content:** **BREAKING NEWS UPDATE**: Pennsylvania’s long running effort to revise its outdated SOL for childhood sexual abuse FAILED again because **State Senate Majority Leader Kim Ward** REFUSED to send the SOL reform bill to the floor. Visit the [United Front for PA SOL Reform](http://www.childusadvocacy.org/the-united-front) for updated information. Read Marci Hamilton’s piece: [With HB951 Tabled for the Summer, There Is No Summer Vacation for the Victims of Child Sex Abuse in Pennsylvania](http://childusa.org/with-hb951-tabled-for-the-summer-there-is-no-summer-vacation-for-the-victims-of-child-sex-abuse-in-pennsylvania/) **Anyone who was sexually abused as a child in Pennsylvania must take action now. Time is very limited.** Call us now at [888-811-8689](tel:1-888-811-8689) ## Todd Hodne – Penn State Football Player Todd Hodne was perhaps the most dangerous predator ever to play college football. Hodne arrived in State College in 1977 as a prized recruit from New York’s Long Island, and in 1978, he was the Penn State Rapist. There were other rapes and rapists; Penn State, in the mid- and late seventies, was enduring an epidemic of sexual assault that female students of the day still talk about. But even against that backdrop, Hodne’s rapes and attacks stand out because he was a football player who, according to one family member, “had no control over his dark impulses.” He was big and strong, entitled and enabled. He was driven and determined and a little desperate. He was also cruel, the most predatory of predators, a hunter who liked to linger. Read more about Hodne in this [ESPN special report](http://www.espn.com/espn/feature/story/_/id/32496588/before-jerry-sandusky-penn-state-football-had-another-serial-sexual-predator-untold-story-crimes-fight-bring-justice). --- ## Guy Caley – West Penn Hospital Marsh Law Firm Partner Katie Shipp discusses the case against Guy Caley ![](https://www.jamesmarshlaw.com/wp-content/uploads/2020/07/West_Penn_Hospital_2015-03-11_02.jpg "West_Penn_Hospital_2015-03-11_02 « Marsh Law Firm")Western Pennsylvania Hospital A nuclear medicine technologist at the Allegheny Health Network’s West Penn Hospital was recently arrested for photographing and videoing women during routine medical exams. Guy Caley allegedly planted cameras in the employee bathroom and patient examination rooms. According to an affidavit, back in December 2019, a recording device was discovered in a unisex employee bathroom at Penn Hospital. An investigation led to Caley who recently turned himself in to authorities. In early September, a month after the initial charges, Mr. Caley was charged with an additional 41 counts of intercept communications and 42 counts of invasion of privacy — a sum total of 89 charges. A twenty-year employee of the Allegheny Health Network, Caley is likely to have victimized hundreds of patients during that time period. The Allegheny county district attorney is investigating and has filed criminal charges against Guy Caley who lives in Canonsburg, Pennsylvania. According to his LinkedIn profile, Caley also worked at Dynamic Metro in Allentown. ![Photograph of Guy Caley](https://www.jamesmarshlaw.com/wp-content/uploads/2020/07/Caley.png "Guy Caley « Marsh Law Firm")Guy Caley was employed by Allegheny Health Networks West Penn Hospital If you were a patient at Allegheny Health Network during the past twenty years and encountered Guy Caley, please contact our Canonsburg office at Southpointe Town Center immediately at [**412-314-4948**](tel:4123144948) ‬for a free consultation. You may have a right to compensation even if you were not aware of Caley’s illicit activities. We are currently representing victims of Caley’s criminal behavior. Our firm only represents victims and survivors. Your Name (required) Your Email (required) Phone City State Date of Incident Location of Incident (include state) Type of Legal Matter —Please choose an option—Social Media Addiction / MDLJeffrey Epstein Sex AbusePennsylvania Sex AbuseNew York Sex AbuseMichigan Sex AbuseSex Abuse – Any StateTitle IX – College or UniversityTitle IX – High School or Middle SchoolTitle IX – Elementary SchoolChild Pornography – ProductionChild Pornography – Distribution and PossessionChild Pornography – RestitutionSex Abuse – At SchoolSex Abuse – At CampSex Abuse – In Foster CareSex Abuse – By Relative or FriendSex Abuse – By Priest, Minister, Religious LeaderSex Abuse – OtherCrime Victim – OtherFederal AppealsStatutory ReformCrime Victim's RightsOther Use Ctrl key to select multiple types Comments This form sends information by non-encrypted e-mail, which is not secure. Submitting this form does not create an attorney-client relationship. By submitting this form, you agree to be bound by the provisions on our [disclaimers page](https://www.jamesmarshlaw.com/disclaimers/). Someone will respond within 24 hours. Thank you! Δ --- ## April Every Month is Sexual Assault Awareness Month ## For Emotional Help and Support Visit [MEN: chat with a trained professional, 24/7, anonymous & free at 1in6](http://1in6.org/helpline) [Rape, Abuse & Incest National Network (RAINN) Sexual Assault Hotline](http://www.rainn.org/about-national-sexual-assault-telephone-hotline) Call 800-656-4673 to be connected with a trained staff member from a sexual assault service provider in your area ## Pennsylvania Attorney General’s Report [Pennsylvania Attorney Gener…](http://www.scribd.com/document/386290337/PA-Grand-Jury-Report#from_embed "View Pennsylvania Attorney General Grand Jury Report on Scribd") by on Scribd --- ## Diocese of Allentown ### Thomas J. Bender 5/1961-6/1962 : St. Joseph, Ashland, PA 6/1962-6/1965: St. Joseph, Girardville, PA 6/1965-6/1966: Holy Family, New Philadelphia, PA 6/1965-6/1966 : Marian High School, Tamaqua, PA 6/1966-6/1971 : Nativity High School, Pottsville, PA 6/1966-1/1970 : St. Kiern, Heckscherville, PA 1/1970-6/1970 : St. Mary, St. Clair, PA 6/1970-6/1971 : St. John the Baptist, Pottsville, PA 6/1971-10/1971: Bethlehem Catholic HS, Bethlehem, PA 10/1971- 12/1972: St. Francis Orphanage, Orwigsburg, PA 12/1972-2/1982 Our Lady of Good Counsel, Gordon, PA 6/1973-2/1982: Diocese of Tribunal, Allentown, PA 2/1982-6/1986 Most Blessed Sacrament, Bally 6/1983-6/1987: Liturgical Commission, Diocese of Allentown 6/1986-6/1987: St. Francis of Assisi, Allentown, PA 6/1987- 7/1987: St. Anthony of Padua, Easton, PA 6/1987- 7/1987: Northampton Deanery, Ministry to Aging 7/1987: Regional Director, Council of Catholic Nurses 7/24/1987: Leave of Absence 3/01/2002: Retired 5/06/2005: Dismissed from priesthood **Summary:** A review of information received from the Diocese of Allentown indicates that the church was aware of Father Thomas J. Bender’s predatory behavior as early as 1972, when Bender was caught in a car with a male student from Nativity High School, where Bender was assigned. In 1984, a known victim reported that Bender abused him in 1981, while the victim was in seventh grade. The victim reported that he was abused in Bender’s bed, where oral and anal sex occurred. Bender admitted to abusing the victim. He was sent to psychotherapy but again continued to serve as a priest.In 1987, Bender was put on a leave of absence. He was eventually arrested, convicted and sentenced to probation. In 2006, while collecting retirement benefits from the church, Bender was arrested in Long Island, New York, while traveling to meet what he believed was a 14-year-old boy for sex. The “boy” was an undercover detective. --- ### James Gaffney 5/1985 – 6/1987: St. Ursula, Fountain Hill, PA 6/1987 – 6/1991: Reading Central Catholic High School 6/1987 – 1/1992: St. Catherine of Siena, Mt. Penn, PA 1/1992 – 6/1992: Sick Leave (The Servants of the Paraclete, New Mexico) 6/1992 – 1/1995: St. Jane Frances de Chantal, Easton, PA 4/1994 – 1/1995: Sick Leave (The Servants of the Paraclete) 1/1995 – 2/1995: Notre Dame of Bethlehem, Bethlehem, PA 2/1995 – 6/1995: St. Mary of the Assumption, Coaldale, PA 6/1995 – 6/1999: Assisted with six parishes in Shenandoah 6/1999 – 4/2002: St. Patrick, Pottsville 4/2002 – Abandoned ministry 6/26/2015 – Dismissed from Priesthood **Summary:** Throughout the 1980s and 1990s, Gaffney was reported to have been involved in inappropriate and even sexual relations with adult women, one of which had a learning disability and whom he was counseling. Another victim reported that Gaffney was giving her counseling for depression and he took advantage of her. He eventually had her submit to intercourse with him. A third victim also came forward. --- ### Joseph Galko 5/1980 – 6/1982: St. Paul, Reading, PA 6/1982 – 1/1983: St. Anne, Bethlehem, PA 1/1983 – 6/1986: St. Ambrose, Schuylkill Haven, PA 6/1986 – 7/1987: St. Bernard, Easton, PA 2/12/1988 – Placed on Administrative leave 6/2010 – Dismissed from the Priesthood **Summary:** Father Joseph Galko was ordained and began work in the Diocese in 1980. Records received from the Diocese indicate that, as early as 1984, the Diocese was aware of inappropriate sexual conduct by Galko. Galko admitted to the Diocesan Chancellor in 1984 to having sexual contact with a male parishioner who was eighteen at the time. Galko also admitted that, while at St. Ambrose in Schuylkill Haven, Schuylkill County, he inappropriately touched a male while they were in the rectory. Galko performed oral sex on the male and had the male perform oral sex on him. Galko further admitted to “occasional occurrences” over a span of many years. --- ### Edward George Ganster 4/13/1971 – 8/19/1975: Assistant Pastor, Notre Dame, Bethlehem, PA 4/13/1971 – 2/4/1972: Associate Professor, Bethlehem Catholic High School, PA 7/9/1973 – 10/10/1978: Regional Director, C.Y. 0., Bethlehem District 8/19/1975 – 9/9/1976: Assistant, Our Lady of Perpetual Help, Bethlehem, PA 9/9/1976 – 10/10/1978: St. Joseph, Easton, PA 10/10/1978 – 6/15/1981: Assistant, St. Ignatius Loyola, Sinking Spring, PA 10/10/1978 – 6/15/1981: American Catholic Overseas Aid Fund 6/15/1981 – 5/4/1982: Pastor, St. Joseph, Frackville, PA 9/18/1981 – 4/2919/1986: Catholic Daughters of the Americas Court St. James 10/08/1981 – 2/1/1982: Sick Leave 2/1/1982 – 5/4/1982: Returned as Pastor, St. Joseph, Frackville, PA 5/4/1982 – 9/7/1982: Sick Leave 9/7/1982 – 1/18/1983: Assistant, St. Ambrose, Schuylkill Haven, PA 10/01/1982 – 7/25/1983: Catholic Student Advisor, Penn State University Campus Ministry 1/18/1983 – 4/29/1986: Pastor, SS. Peter and Paul, Tower City, PA 1/13/1984: Member, Diocesan Building Committee 2/10/1984 – 4/29/1986: Member, Budget Board, Cardinal Brennan High School 4/29/1986 – 3/3/1988: Holy Ghost, Bethlehem, PA 7/10/1986 – 6/13/1988: Regional Director, Pro-Life, Northampton Deanery, PA 12/27/1987 – Sick Leave 8/8/1990 – Laicized 7/3/2014 – Deceased **Summary:** A male reported that when he was when he was 14 years old and an altar boy at St. Joseph in Frackville, he was fondled and groped by Father Edward George Ganster. On one occasion, Ganster dragged the boy across a living room floor, pulling him by the underwear. Ganster also beat the victim repeatedly, once using a metal cross. The abuse at the hands of Ganster lasted for over one and a half years and all happened in St. Joseph’s Rectory. The victim made a second report to the Diocese in March 2004. Ganster eventually left the priesthood to get married, but there were other victims who came forward. The Diocese later wrote Ganster a reference letter while he was seeking employment at Walt Disney World. With the positive reference from the diocese, Ganster was hired by Walt Disney World and worked there for 18 years. --- ### Francis T. Gilespie 5/1959 – 5/1963: St. Joseph’s, Girardville, PA 5/1963 – 10/1965: Nativity HS, Pottsville, PA 6/1963 – 9/1963: St. Patrick’s, Pottsville, PA (Asst. Pro Tem) 6/1965 – 3/1969: Notre Dame of Bethlehem, Bethlehem, PA 3/1966 – 5/1972: St. Jane Frances de Chantal, Easton, PA / Moravian College (student advisor) 5/1972 – 11/1974: Our lady of Mount Carmel, Minersville, PA 11/1974 – 9/1994: St. Joseph’s, Girardville, PA 9/1994 – 11/1996: St. Margaret, Reading, PA 11/1996 – 12/2002: Annunciation of B.V.M., Catasauqua, PA 12/13/2002 – Retired **Summary:** In September 2002, a victim wrote a letter reporting sexual abuse by Father Francis T. Gillespie. The victim reported that, while he was an altar boy at about the age of ten at St. Joseph’s in Girardville, Gillespie began grooming him for future abuse. The victim reported that he stayed the night at Gillespie’s residence on several occasions. The victim reported that Gillespie would drink alcohol during the sleepovers. The victim recalled an occasion when Gillespie gave him cold medication and in addition had him drink alcohol. The victim described this night as a “blackout” and “confusing.” The victim recalls waking up naked in bed with Gillespie who had his arm around the victim. In three separate documents regarding the victim, all provided by the Diocese, the victim reported that Gillespie performed oral sex on him. --- ### Edward R. Graff 06/1955 – 04/1957: Annunciation B.V.M., Shenandoah 04/1957 – 05/1958: St. Anthony of Padua, Easton 05/1958 – 09/1958: St. Elizabeth’s, Pen Argyl 09/1958 – 09/1959: Pius X High School, Roseto 09/1959 – 06/1962: Residence, St. Anthony, Easton 06/1962 – 09/1963: University of Notre Dame 09/1963 – 03/1964: Our Lady Help of Christians, Allentown 03/1964 – 07/1964: St. Elizabeth, Pen Argyl 07/1964 – 02/1965: Pius X High School, Roseto 02/1965 – 11/1966: Holy Rosary, Reading; Central Catholic High School, Reading 11/1966 – 08/1968: Holy Name High School, Reading 08/1968 – 10/1969: St. Margaret, Reading 10/1969 – 04/1971: St Peter, Coplay 04/1971 – 04/1974: Annunciation B.V.M., Catasauqua 04/1974 – 11/1979: Director, Thanksgiving Clothing Drive 11/1979 – 07/1980: Sick Leave 07/1980 – 06/1983: St. Margaret, Reading 06/1983 – 02/1992: Holy Guardian Angels, Reading 02/1992 – Departed Diocese of Allentown 1992 – 2002 – Served in various capacities in Dioceses in New Mexico and Texas **Summary:** During his years in ministry, Graff raped scores of children. The grand jury investigated not only Graff’s conduct but the knowledge of the relevant Dioceses. The case of Graff is an example of dioceses that minimized the criminal conduct of one of their priests, while secretly noting the significant danger the priest posed to the public. The grand jury notes that the use of euphemisms was constant throughout the Dioceses of Pennsylvania, but particularly apparent in the case of Graff. Terms such as “sick leave” or “health leave” were often used to reference an absence from ministry related to child sexual abuse. --- ### Richard J. Guiliani 3/1968 – 5/1968: Assistant, St. Peter, Reading, PA 5/1968 – 6/1969: Regional Director, Thanksgiving Clothing Drive, Berks Co. 6/1969 – 9/1969: Assistant, St. Canicus, Mahanoy City, PA 9/1969 – 6/1970: Assistant, Our Lady of Perpetual Help, Bethlehem, PA 6/1970 – 6/1970: Professor, Notre Dame High School, Easton, PA 6/1970 – 6/1973: Resident, Sacred Heart, Miller Heights, PA 6/1973 – 6/1974: Vice Principal, Notre Dame High School, Easton, PA 6/1974 – 6/1974: Principal, Cardinal Brennan High School, Fount Springs 6/1974 – 6/1974: Resident, St. Vincent de Paul, Girardville, PA. 1977 – Absent without leave from the Allentown Diocese 2011 – Last known address: St. Augustine, Florida **Summary:** In October 2003, a victim wrote to Bishop Edward Cullen stating that she had been sexually abused by Father Richard Guiliani. The victim was abused from the ages of 14 to 18. Guiliani began with hugging and kissing the victim. He then began to fondle the victim’s genitals through her clothing. The victim recalled Guiliani telling her that he would protect her, that she could trust him, and that she should keep coming to him for help. Guiliani told the victim she deserved to be “cared for and loved.” The victim recalled the last time she had contact with Guiliani was when she was a freshman in college. He wanted to have sex with the victim and asked her to marry him. The victim refused to have further sexual involvement with Guiliani and declined his marriage proposal. He never contacted her again. --- ### Joseph D. Hulko 6/1/1967 – 8/24/1970: Priest Professor, Reading Central Catholic High School 6/1/1967 – 8/17/1970: Resident, SS Cyril and Methodius, Reading, PA 7/9/1969 – Advocate, Diocesan Tribunal 7/6/1970 – 8/17/1970: Newman Center, Bethlehem, PA 8/17/1970 – 8/24/1970: Resident, St. Catharine of Siena, Reading, PA 8/24/1970 – 6/20/1977: Principal, Nativity High School, Pottsville, PA 8/24/1970 – 6/18/1971: Resident, Mary Queen of Peace, Pottsville, PA 6/18/1971 – 10/18/1971: Chaplain, St. Francis Orphanage, Orwigsburg, PA 10/18/1971 – 6/20/1977: Resident, St. John the Baptist, Pottsville, PA 6/20/1977 – 1/6/1978: Assistant, St. John the Baptist, Pottsville, PA 1/6/1978 – 8/16/1982: Pastor, St. Michael, Lansford, PA 6/20/1978 – 10/1/1982: Regional Director, Family Life Center, Berks, Carbon and East Schuylkill Counties, PA 9/4/1981 – 2/15/1982: Sick Leave 8/16/1982 – 6/20/1985: Sick Leave 6/20/1985 – 6/16/1987: Assistant Pastor, St. Margaret, Reading, PA 11/1/1986 – 11/1/1989: Assistant Pastor Representative, Council of Priests 6/16/1987 – 9/27/1988:Assistant Pastor, St. John Baptist de LaSalle, Shillington, PA 9/27/1988 – 6/14/1990: Assistant Pastor, St. Bernard, Easton, PA 11/1/1989 – 10/31/1992: Pastor Representative, Council of Priests 6/14/1990 – 9/2/1994:Assistant Professor, St. Joseph, Limeport, PA 8/3/1992 – Assistant Pastor Representative, Advisory Committee, Priestly Life and Ministry 11/1/1992 – 10/31/1995: Assistant Pastor Representative, Council of Priests 9/2/1994 – 1/01/1995: Assistant Pastor, Our Lady of Perpetual Help, Bethlehem, PA 1/1/1995 – 6/15/1995: Resident, Holy Family Villa, 6/15/1995 – 6/13/2000: Assistant Pastor, St. Anthony of Padua, Easton, PA 6/13/2000 – 8/31/2003:Assistant Pastor, Notre Dame of Bethlehem, Bethlehem, PA 9/1/2003 – Retired **Summary:** In September 2003, Father Joseph Hulko admitted to the Diocese that he sexually abused a minor female while he was the Chaplain at St. Francis Orphanage in Orwigsburg, between June 1971 and October 1971. Hulko expressed that he had been troubled by it for a number of years, which prompted him to admit the abuse. Hulko described himself as a “sex addict.” Prior to Hulko admitting to the sexual abuse of a minor, he was sent for “treatment” six different times between 1982 and 2003. In a memorandum dated January 15, 2015, a monsignor wrote to administrative personnel that Hulko had moved to Robertsville, Missouri, and “please send his pension checks directly to him.” --- ### Joseph H. Kean 3/1964 – 8/1964: St. Joseph, Ashland, PA 8/1964 – 6/1965: St. Mary, St. Clair, PA 6/1965 – 11/1967: St. Paul, Allentown, PA 1/1967 – 8/1970: St. Paul, Reading, PA 8/1970 – 2/1971: Annunciation, Shenandoah, PA 2/1971 – 12/1973: Marian HS, Tamaqua, PA 2/1971 – 12/1973: Our Lady of Mt. Carmel, Nesquehoning, PA 6/1973 – 6/1975: St. Simon and Jude, Bethlehem, PA 6/1975 – 1/1977: St. Jane, Easton, PA 1/1977 – 1/1983: SS Peter and Paul, Tower City, PA 1/1983 – 9/1987: SS Peter and Paul, Lehighton, PA 9/1987 – 3/1993: St. Joseph, Ashland, PA 2/1/2002 – Retired 6/26/2007 – Dismissed from Priesthood **Summary:** On December 22, 1992, Reverend Francis J. Shuster wrote a letter to Bishop Thomas J. Welsh. Shuster related that he had been in contact with a parishioner who told him that her son was molested by Father Joseph H. Kean, then Pastor in Tower City. The sexual abuse was reported to have occurred when the victim was twelve years old and continued for several years. --- ### Thomas J. Kerestus 6/11/1969 – 10/27/1969: Assistant, Annunciation B.V.M., Shenandoah, PA 10/27/1969 – 1/6/1970: Regional Director, C.Y.O., Mid -Schuylkill County 1/6/1970 – 8/24/1970: Area Chaplain, Appalachian Trail Scouting Council 8/24/1970 – 6/18/1970: Regional Director, Bishop’s Overseas Aid, East Schuylkill County, PA 6/18/1970 – 7/8/1971: Assistant, St. Peter, Reading, PA 7/8/1971 – 11/4/1974: Assistant, Our Lady of Hungary, Northampton, PA 11/4/1974 – 9/9/1976: Regional Director, C.Y.O., Northampton County, PA 9/9/1976 – 12/15/1977: Assistant, Sacred Heart, W. Reading, PA 12/15/1977 – 2/25/1982: Assistant, St. Ambrose, Schuylkill Haven, PA; Regional Director, C.Y.O. West Schuylkill County, PA; 2/25/1982 – 5/29/1986: Pastor, St. John Capistrano, Bethlehem, PA 5/29/1986 – 6/19/1986: Leave of absence 6/19/1986 – 6/14/1990: Assistant Pastor, Sacred Heart, Allentown, PA 6/14/1990 – 7/27/1993: Chaplain, Sacred Heart Hospital, Allentown, PA 7/27/1993 – 3/1/2002: Resident, Holy Family Villa 3/1/2002 – 9/17/2014: Retired **Summary:** Records of the Diocese of Allentown revealed that parishioners of St. John Capistrano in Bethlehem wrote multiple letters to Bishop Welsh between March 1985 and April 1986 informing him of their concern about Father Thomas Kerestus’ relationship with a 16 -year-old boy. At least three victims came forward reporting sexual abuse by Kerestus. --- ### Francis Joseph McNelis 6/1/1965 – 6/1/1966: Annunciation B.V.M., Shenandoah, PA 6/1/1966 – 11/1/1966: St. Joseph, Girardville, PA 11/1/1966 – 8/4/1967: Regional Director, C.Y.O., East Schuylkill County, PA 8/4/1967 – 6/11/1969: Regional Director, Thanksgiving Clothing Drive, East Schuylkill County, PA 6/11/1969 – 6/3/1970: St. Jerome, Tamaqua, PA 6/3/1970 – 6/9/1970: St. Theresa, Hellertown, PA 6/9/1970 – 9/25/1970: Regional Director, C.Y.O., Northampton County, PA 9/25/1970 – 4/4/1972: St. John the Baptist, Shillington, PA 4/4/1972 – 9/19/1972: St. Francis, Easton, PA 9/19/1972 – 8/30/1974: Regional Director, Thanksgiving Clothing Drive, Northampton County, PA 8/30/1974 – 6/17/1975: St. Ann, Emmaus, PA 6/17/1975 – 6/16/1980: St. Mary, and St. Boniface, St. Clair, Schuylkill County, PA 6/16/1980 – 6/20/1985: St. Mary, St. Clair, Schuylkill County, PA 6/20/1985 – 6/4/1993: St. Mary, Hamburg, PA 6/4/1993 – 1/14/1994: Sick Leave (Jemez Springs, New Mexico) 1/14/1994 – 3/1/2002: St. Ignatius, Loyola, Sinking Spring, PA 3/1/2002 – Retired **Summary:** In December 1992, a known victim reported that, between 1966 and 1968, Father Francis McNelis sexually abused him when he was between the ages of 10 and 13. McNelis told the victim he wanted to have anal sex with him, but that did not occur. Other victims came forward and said McNeils forcibly performed oral sex on them. --- ### Gabriel Patil 6/3/1974: Permission to exercise mission within Diocese **Summary:** Father Gabriel Patil, a priest of the Clerics Regular of St. Paul, known as the Barnabites, was given permission to exercise his ministry within the Diocese of Allentown. The Diocese provided no other assignment history. Correspondence between the Diocese and the Barnabites shows that, in 2003, a victim reported to the Diocese that he and four of his friends were abused by Patil. The abuse occurred on the property of the Bethlehem Catholic High School during the late 1970’s and early 1980’s, when the victims were seven to nine years old. The victim reported that he and the four other known victims were living near the high school at the time. Patil would invite the boys into his residence at the high school and play hide and seek with the boys. While playing hide and seek Patil would have the boys sit on his lap. He would open the boys’ pants and fondle their genitals. It is important for you to note the following. The reported noted that Father Patil is not a priest of the Diocese of Allentown. He is a member of the Barnabite Fathers religious order, not under the supervision of the Diocese of Allentown. Patil went on to serve as a priest in Buffalo, New York, Youngstown, Ohio, and then with a delegation in the country of India. In 2010, Patil requested that he be allowed to return to the Diocese and exercise his public ministry. The Diocese did not permit Patil to return. --- ### Henry Paul **Summary:** Father Henry Paul was ordained in 1941 as a religious priest from an Order known as the Oblates of St. Francis de Sales. He worked in various positions in the Pennsylvania Dioceses of Erie, Philadelphia, and Allentown, the New York Dioceses of Buffalo and New York City, and Salesianum School in Wilmington, Delaware. An individual reported that Paul took the little girls to the rectory and kissed them. One girl went home and told her mother that she knew how to “French kiss.” When the mother asked how the little girl knew that, she responded that Father Paul had showed her. Three or four other children reported that they had kissed Paul and, while they did not use the term, they described a French kiss. None of the children were over the age of 12. --- ### Paul G. Puza 6/1975 – 6/1976: St. Bernard, Easton, PA 6/1975 – 6/1976: Lafayette college, Easton, PA 6/1976 – 6/1977: Northampton County Regional Director of Vocations 6/1976 – 6/1977: St. Anne, Bethlehem, PA 6/1977 – 6/1978: Central Catholic High School, Reading, PA 6/1977 – 6/1978: St. Joseph, Reading, PA 6/1978 – 6/1981: St. Casimir, Shenandoah, PA 6/1978 – 6/1981: Catholic Scouting, Schuylkill County, PA 6/1981 – 11/1981: St. Anthony, Easton, PA 11/1985 – 8/1983: St. Stanislaus Kostka, Minersville, PA 8/1983 – 6/1989: St. Anthony of Padua, Cumbola 8/1983 – 6/1989: Nativity B.V.M. High School, Pottsville, PA 6/1989 – 2/2002: St. Richard, Barnesville, PA 6/1989 – 3/2002: Marian High School, Tamaqua, PA 2002: Resigned and ordered to refrain from public ministry 6/2010: Dismissed from Priesthood **Summary:** On September 9, 1991, a former seminarian from the Diocese met with Bishop Welsh and told him that he was molested three times, involving oral sex, by Father Paul Puza when he was in the eighth grade. --- ### Dennis A. Rigney 5/21/1966 – 6/01/1966: Ordained in Cathedral of St. Cathedral of Siena, Allentown, PA. by Bishop McShea 6/1/1966 – 6/1/1966: St. Peter, Reading, PA 6/1/1966 – 3/27/1969: Secretary Tribunal, Diocese of Allentown 3/27/1969 – 7/9/1969: Spanish Apostolate 7/9/1969 – 7/9/1969: Diocesan Tribunal 7/9/1969 – 11/1/1969: Regional Director, Spanish Apostolate, Berks County, PA 11/1/1969 – 1/1/1970: Council of Priests -Diocesan Consultors 1/1/1970 – 10/12/1971: Executive Dire. And Moderator, Social Action Bureau 10/12/1971 – 6/14/1974: Council of Priests -Diocesan Consultors 6/14/1974 – 6/14/1974: Executive Secretary and Coordinator Council of Social Services 6/14/1974 – 6/14/1974: Director, Family Life Bureau 6/14/1974 – 6/14/1974: Director, Catholic Charities & Catholic Social Agency 6/14/1974 – 6/14/1974: St. Peter, Reading, PA 6/14/1974 – 8/19/1975: Pastoral Council, Diocese of Allentown 8/19/1975 – 9/26/1975: Our Lady Help of Christians, Allentown, PA 9/26/1975 – 11/1/1975: Director of Marriage Encounter, Allentown, PA 11/1/1975 – 8/1/1977: Council of Priests -Diocesan Consultors 8/1/1977 – 11/1/1978: St. Paul, Allentown, PA 11/1/1978 – 6/1/1981: Council of Priests -Diocesan Consultors 6/1/1981 – 11/1/1981: Diocesan Consultor 11/1/1981 – 1/26/1982: Council of Priests 1/26/1982 – 9/26/1983: St. Vincent de Paul Society 9/26/1983 – 9/26/1983: Holy Family Manor, Bethlehem, PA 9/26/1983 – 11/15/1983: Holy Family Villa, Bethlehem, PA 11/15/1983 – 11/15/1983: Diocesan director, Holy Family Health Care Agency, Schuylkill County, PA 11/15/1983 – 1/1/1984: Diocesan Director; Project H.E.A.D. 1/1/1984 – 12/31/1985: PCC Administrative Board 6/16/1987 – 6/16/1987: St. Francis of Assisi, Allentown, PA 6/16/1987 – 6/8/1995: Bethlehem Priest Director, Holy Family Manor, (President and CEO) 6/8/1995 – 10/29/1997: Board of Directors Catholic Social Agency 10/29/1997 – 12/3/2000: Board of Seton Manor, Inc. 12/3/2000 – 5/1/2002: Board of Covenant Home Care, Inc. **Summary:** A parishioner claimed she was “fondled in the area of the vagina “when she was about 12 or 13” by Rigney. On April 4, 1988, Rigney wrote a 23 page document to Welsh after allegations were made that Rigney “stroked a female minor’s vagina.” The letter denied any inappropriate touching or actions and painted both the victim and her family as highly dysfunctional and not credible, trying to convince the bishop of the same. Rigney’s letter was in response to a letter sent to the Allentown Diocese from a relative of the victim. On April 9, 2002, a woman telephoned the Chancery stating she had been touched inappropriately by a priest when she was about age nine or 10. The touching occurred over a one-year period from 1966 to 1967. Later that year, Rigney requested early retirement citing medical reasons. --- ### Joseph A. Rock 2/1972 – 9/1972: Sacred Heart of Jesus, Allentown, PA 5/1972 – 5/1975: Catholic Scouting, Allentown Area 6/1972 – 2/1975: Catholic Youth Organization, Lehigh County, PA 9/1972 – 2/1975: St. Catherine of Siena, Allentown, PA 2/1975 – 9/1976: St. Ignatius Loyola, Reading, PA 3/1975 – 9/1976: Scouts, Hawk Mountain, Berks County, PA 6/1975 – 9/1976: Catholic Youth Organization, Berks County, PA 9/1976 – 8/1977: St. Simon and Jude, Bethlehem, PA 9/1976 – 4/1982: Scouts, Minsi Trails Council, Lehigh County, PA 9/1976 – 6/1982: Catholic Youth Organization, Bethlehem, PA 8/1977 – 3/1982: Our Lady Help of Christians, Allentown, PA 3/1982 – 2/1986: St. Francis de Sales, Mount Carbon, PA 6/1983 – 2/1986: Catholic Scouting, Diocese of Allentown 9/1983 – 9/1986: Social Action Bureau Advisory Board, West Schuylkill County 6/1985 – 2/1986: Youth Ministry 2/1986 – 9/1986: Sick Leave 9/1986 – 10/2001: Holy Family Manor 10/1999 – 10/2001: Retired 5/2005 – Dismissed from Priesthood **Summary:** In 1986, two reports were made to the Diocese of Allentown indicating sexual contact with three boys by Father Joseph Rock. One incident occurred in 1983 when the victim was nine years old. The victim stated that Rock touched him by fondling and masturbation. In addition, two brothers came forward claiming that, in the early 1980’s while they were still minors, Rock sexually touched them through their clothes. In February 1986, Rock was placed on “sick leave.” He was sent to a Chancery for evaluation and the staff later reported back to the diocese, “He…is no longer capable of functioning in a responsible work situation, and his life is unmanageable.” Several other victim testimonies against Chancery were noted. --- ### Gerald Royer 6/1947 – 1/1948: St. Bartholomew, Brockton 1/1948 – 6/1948: St. Simon and Jude, Bethlehem 6/1948 – 12/1948: St. Bartholomew, Brockton 12/1948 – 6/1950: St. Catherine of Siena, Reading 6/1950 – 5/1952: St. Joseph, Girardsville 5/1952 – 1/1953: Annunciation, Shenandoah 1/1953 – 3/1954: Chaplain, Convent of Divine Love 3/1954 – 11/1955: St. Mary of the Assumption, Philadelphia 11/1955 – 2/1956: Leave of Absence 2/1956 – 5/1956: St. Jane Frances de Chantal, Easton 5/1956 – 4/1960: St. Paul, Reading 4/1960 – 7/1961: Leave of Absence 7/1961 – 8/1964: Chaplain, St. Joseph’s Manor 8/1964 – 2/1965: Left active ministry (laicized) **Summary:** Held in the secret archives of the Diocese of Allentown was a folder titled by a victim’s name. Inside the folder was information describing the sexual abuse of a minor that occurred in 1948. The abuser was Father Gerald Royer. At the time of the abuse in 1948, the Diocese of Allentown did not exist and the location was under the control of the Archdiocese of Philadelphia. In January 2003, the victim, then in his sixties, made a report of sexual abuse to the Diocese against Royer. Because Royer was under the authority of the Archdiocese of Philadelphia at the time of the sexual abuse, the Diocese referred this victim to Monsignor William Lynn, Vicar for Clergy of the Archdiocese. The Diocese of Allentown began paying for counseling then referred the costs to the Archdiocese of Philadelphia in June 2003.He was a fatherless, 12 -year -old boy. His mother was happy that a priest took interest in her son. Royer would kiss the victim and the kissing progressed to molestation. Royer would abuse the child behind the airport in Allentown, in his home, and in the rectory.The child told a friend who did not believe him. During one abuse, the friend hid in the closet and watched Royer molest the victim. The child who witnessed the abuse could not fathom what had just occurred. The victim never told his wife why he could not hug or kiss his own children, who were boys. He was unable to be affectionate with his grandchildren. To this day, he cannot shake hands with men. He cannot be seen by male doctors or dentists. --- ### Charles J. Ruffenach 6/11/1930 – 6/8/1931: Holy Ghost, Bethlehem, PA 608/1931 – 9/20/1934: St. Mary of the Assumption, Philadelphia, PA 9/20/1934 – 7/2/1979: St. John the Baptist, Stiles 7/02/1979 – 7/4/1980: St. John the Baptist, Stiles Holy Family Villa 7/04/1980 – Deceased **Summary:** On August 29, 2001, an adult victim contacted the Diocese to report physical and sexual abuse at the hands of Father Charles Ruffenach beginning in approximately 1945, when the victim was in first grade, and continuing through the eighth grade. The victim stated that Ruffenach beat, paddled, and sexually abused him when he attended St. John the Baptist school. The abuse took place on the premises of the parish, specifically in the boiler room. The victim also reported at the time of abuse Ruffenach referred to it as “washing his penis.” In the late 1980’s, the victim confronted Ruffenach regarding the abuse. Ruffenach denied the allegations. However, during the confrontation, Ruffenach claimed that during the time of incident the victim wanted him to “wash his penis.” At the time of the report by the victim, the Diocese responded by stating that Ruffenach was deceased and therefore it could not pursue the victim’s claims any further but offered the victim counseling. --- ### J. Pascal Sabas 10/1955 – 10/1957: Vocation Director, New York 10/1957 – 10/1958: House Discretus and Purser, New York 10/1958 – 10/1960: Administrator, St. Vincent de Paul, Pittsburgh, PA 10/1960 – 10/1962: Assistant, Sacred Heart, Yarmouth, Maine 10/1962 – 5/21/1963: Assistant, St. Joseph, Portland, Maine 5/21/1963 – 5/20/1964: Assistant, St. Francis of Assisi, Minersville, PA 5/20/1964 – 9/1/1965: Assistant, St. Francis of Assisi, Allentown, PA 9/1/1965 – 11/1/1966: Assistant, St. Patrick, Pottsville, PA 11/1/1966 – 4/4/1967: Regional Director, Bishop’s Relief Agency, West Schuylkill, PA 4/4/1967 – 1/18/1971: Administrator, St. Vincent de Paul, Girardville, PA 1/18/1971 – 8/1/1977: Pastor, St. Vincent de Paul, Girardville, PA 8/1/1977 – 10/1/1977: Administrator, St. Ignatius Loyola, Sinking Spring, PA 10/1/1977 – 3/4/1980: Pastor, St. Ignatius Loyola, Sinking Spring, PA 3/4/1980 – 6/1/1983: Pro -Synodal Examiner 6/1/1983 – 8/16/1983: Priest Representative Diocesan Board of Education, Berks County, PA 8/16/1983 – 10/1/1985: Pastor, St. George, Shenandoah, PA 10/1/1985 – 12/16/1986: Returning to Religious Life 12/16/1986 – 3/19/1987: Assistant, St. Anthony, Easton, PA 3/19/1987 – 6/14/1988: Chaplain, Catholic Daughters of the Americas 6/14/1988 – 6/1989: Assistant Pastor, St. John the Baptist, Shillington, PA 6/1989 – 11/1/1991: Sick Leave 11/1/1991 – 1996: Retired **Summary:** At the age of 14, a boy was sexually abused by Father J. Pascal Sabas beginning in 1964. Sabas would come over to the house to play with toy cars, and then abuse the victim while they were alone in the basement. Sabas also abused the victim while in the corridor of his school and after the victim served Mass as an altar boy. Sabas also threatened the victim, telling him, “Don’t tell your parents. They would be very hurt if they knew what you were doing.” The abuse only ended when Sabas was transferred out of the victim’s parish. --- ### William J. Shields 5/29/1958 – 5/27/1960: Assistant, St. Ambrose, Schuylkill Haven, PA 5/27/1960 – 2/23/1962: Assistant, St. John Baptist de la Salle, Shillington, PA 2/23/1962 – 9/4/1962: Assistant, St. Mary, Hamburg, PA 9/4/1962 – 10/30/1964: Assistant, Annunciation B.V.M., Shenandoah, PA 10/30/1964 – 12/9/1966: Regional Director, Bishop’s Relief, Upper Schuylkill County, PA 12/9/1966 – 11/29/1967: Bishop’s Relief Agency, East Schuylkill County, PA 11/29/1967 – 8/30/1968: Assistant, St. Paul, Allentown, PA 8/30/1968 – 3/27/1969: Assistant, St. Lawrence, Catasauqua, PA 3/27/1969 – 3/8/1972: Administrator, St. Ann, Lansford, PA 3/8/1972 – 1/11/1974: Assistant, St. Peter, Reading, PA 1/11/1974 – 6/15/1995: Pastor, St. Nicholas, Weatherly, PA 6/15/1995 – 8/28/2000: Pastor Emeritus, St. Nicholas, Weatherly, PA **Summary:** At the time of the abuse, the victim revered priests and the Catholic Church and “did not know how to say no to a priest or nun.” Shields asked the victim to sit in the television room of the rectory so Shields could give him a massage. He began by massaging the victim’s shoulders and working his way down to the victim’s waistline. Shields unbuttoned the victim’s pants and began fondling the victim’s genitals. Shields then made the victim stand up as Shields knelt in front of the victim and began removing the victim’s pants and underwear. At this point, the victim stopped Shields. And as the victim was getting ready to leave, Shields told him, “Let this be our little secret.” The victim went home and told his mother what had happened. The victim’s mother advised him not to tell anyone of the incident and to stay away from Shields. The victim told a deacon in the Diocese, and Shields was transferred. --- ### Stephen F. Shigo 6/20/1978 – 6/15/1981: Holy Guardian Angels, Hyde Park, PA 6/15/1981 – 9/1/1981: St. Ambrose, Schuylkill Haven, PA 9/1/1981 – 7/11/1983: Area Chaplain Catholic Scouting, West Schuylkill County, PA 7/11/1983 – 8/31/1984: Regional Director, CYO West Schuylkill County, PA 8/31/1984 – 12/4/1985: Regional Director, Youth Ministry, South Schuylkill County, PA 12/4/1985 – 11/2/1991: Regional Director, Family Life Bureau, South Schuylkill County, PA **Summary:** The victim told the Diocese he was sexually abused by Shigo when he was an altar boy during eighth and ninth grades and at St. Ambrose church. The Diocese offered six months of counseling. However, records indicate the victim was participating in counseling at least through June 2016, for which the Diocese paid. Shigo died in 1991. --- ### David A. Soderlund 6/1965 – 12/1966: St. Peter, Coplay, PA 12/1966 – 4/1971: Sacred Heart, West Reading, PA 4/1971 – 6/1973: St. Catharine of Siena, Reading, PA 4/1971 – 6/1974: Holy Name High School, Reading, PA 6/1971 – 11/1971: St. Catharine of Siena, Reading, PA 10/1971 – 11/1978: Adult Religious Education, Berks County, PA 6/1973 – 1/1974: St. John the Baptist, Shillington, PA 1/1974 – 11/1978: St. Benedict, Reading, PA 6/1974 – 11/1978: Holy Name High School, Reading, PA 11/1978 – 7/1980: St. Joseph, Summit Hill, PA 7/1980 – 9/1980: Sick Leave (Villa St. John Vianney Hospital) 9/1980 – 6/1981: Our Lady of Hungary, Northampton, PA 6/1981 – St. Catharine of Siena, Reading, PA 10/1986 – 1/1989: Good Samaritan Hospital, Pottsville, PA 2/1989 – Administrative Leave (faculties withdrawn) 5/2005 – Dismissed from Priesthood 2009 – Arrested **Summary:** As early as August 5, 1961, while in Seminary, Father David Soderlund expressed a desire to work with children. In 1980, three separate complaints were made against him. The complaints asserted that Soderlund had engaged in sexual acts with three different children. The children were aged 12 to 13 years old. The Diocesan record, a “summary of case” relating to Soderlund, generalized the sexual conduct without referencing specific acts or crimes. On June 11, 1980, a meeting was held at the Chancery during which photo albums were examined depicting nude photographs of a young boy engaged in sex acts with Soderlund. Soderlund admitted to Chancery officials that he engaged in sexual activity with the three young boys. While documents created at the time of the admission minimized the conduct, the facts became available through a detailed account of the abuse obtained from a victim in 1997 by the Diocese. The victim reported that: he was not a willing participant, but Soderlund threatened to harm or kill him. Soderlund also took pictures of the victim engaged in sexual acts and threatened to use them to embarrass him. Soderlund offered to leave the priesthood if the victim would go away with him. The victim then indicated that he knew of many other boys who were victimized by Soderlund. In 2009, Soderlund, now living in Dubois, Wyoming, within the Diocese of Cheyenne was arrested, convicted, and sentenced to incarceration for two to five years for sexual exploitation of children and possession of child pornography on his computer. He is a registered sex offender in Wyoming. --- ### Henry E. Strassner 6/14/1947 – 9/2/1947:Assistant Pastor, St. Charles Borromeo, Cornwell Heights, PA 9/2/1947 – 5/16/1961: Allentown Central Catholic High School, Professor (Res. Notre Dame, Bethlehem, 09/08/1954) 5/16/1961 – 6/19/1962: Regional Director, Holy Name Society, Lehigh County, PA 6/19/1962 – 5/21/1963: Assistant, Notre Dame, Bethlehem (Summer Assignment) 5/21/1963 – 3/20/1964: Principal, Notre Dame High School, Green Pond, PA 3/20/1964 – 12/16/1964: St. Michael, Easton, In Residence 12/16/1964 – 11/9/1966: St. Bernard, Easton, In Residence 11/9/1966 – 8/30/1968: Member, Council of Priests -Diocesan Consultors 8/30/1968 – 11/27/1968: Administrator, St. Paul, Allentown, PA 11/27/1968 – 10/6/1968: Member, Council of Priests -Diocesan Consultor 10/6/1968 – 11/1/1969: Director, Family Life Bureau, Lehigh County, PA 11/1/1969 – 11/1/1972: Member, Council of Priests -Diocesan Consultors 11/1/1972 – 1/17/1974: Council of Priests -Diocesan Consultors, Ex Officio Member 1/17/1974 – 12/1/1974: Pastor, St. Paul, Allentown 12/1/1974 – 12/9/1983: Regional Director, Family Life Bureau, Lehigh County, PA 12/9/1983 – 11/1/1984: Member, Diocesan Development and Endowment Committee 11/1/1984 – 6/22/1988: Dean, Lehigh County Diocese of Allentown 6/22/1988 – 8/1/1993: Member, Advisory Board, Allentown Central Catholic High School, PA 8/1/1993 – 2/18/1994: Sick Leave 2/18/1994 – 3/16/2000: Senior Priest/Assistant Pastor, St. Jerome, Tamaqua, PA 3/16/2000 – 6/17/2003: Council of Priests Rep. Parochial Vicars 6/17/2003 – 11/20/2009: Retired; Pastor Emeritus of St. Paul Church, Allentown, PA **Summary:** The victim reported that Father Henry Strassner kissed him four times on the lips, “in the same way a woman would kiss,” within the first hour and a half of a counseling session. Strassner, after being confronted and initially denying even knowing the victim, admitted to the conduct but claimed he “did not intend anything sexual.” Strassner claimed the victim “was essentially parent less and I wanted to simply affirm his sense of self-worth.” Strassner was sent to see a counselor who, after meeting with Strassner, advised the Diocese that there was “a lot more going on here than Father Strassner has admitted.” --- ### Bruno M. Tucci 4/1971 – 4/1972: St. Margaret, Reading, PA 10/1971 – 4/1972: Confraternity of Christian Doctrine, Berks County, PA 4/1972 – 6/1972: Cardinal Brennan High School, Fountain Spring, PA 4/1972 – 6/1972: Annunciation, Shenandoah, PA 6/1972 – 9/1972: St. Canicus, Mahanoy City, PA 6/1972 – 6/1977: Marian High School, Tamaqua, PA 9/1972 – 6/1974: St. Canicus, Mahanoy City, PA 6/1974 – 2/1975: St. Peter and Paul, Lehighton, PA 2/1975 – 6/1977: Our Lady of Mount Carmel, Nesquehoning, PA 6/1975 – 8/1975: Marian High School, Tamaqua, PA 6/1977 – 6/1979: Holy Name High School, Reading, PA 6/1977 – 9/1977: St, Columbkill, Boyertown, PA 9/1977 – 6/1978: Most Blessed Sacrament, Bally, PA 6/1978 – 4/1981: St. Peter, Reading, PA 6/1979 – 4/1981: Central Catholic High School, Reading, PA 4/1981 – 6/1986: Immaculate Conception, Kelayres, PA 6/1986 – 3/2002: Our Lady of Mount Carmel and Immaculate Conception, Nesquehoning, PA 3/1/2002 – Retired 2/9/2007 – Dismissed from priesthood **Summary:** The Diocese of Allentown became aware of Father Bruno Tucci’s abuse of children in 1991. A victim called the Chancery and stated he was sexually molested by Tucci when he was 14 years old. Tucci tickled him and put his hands down the back of the victim’s pants. On another occasion, Tucci unbuttoned his pants and the victim’s pants. Tucci pulled them both down and made skin to skin contact. Tucci normalized the conduct by tickling the victim in front of the victim’s parents. When questioned, Tucci stated that the incidents occurred “exactly as the victim reported.” Tucci said it was “just touching” and clarified he had not engaged in “sodomy.” Similar events took place in other parishes years later. In March 2002, Tucci retired. His retirement came just weeks after the Boston Globe garnered national attention after publishing articles detailing child sexual abuse within the Archdiocese of Boston. --- ### Gregory Uhrig 1974 – Secretary, Diocesan Tribunal; Assistant, St. Francis of Assisi, Allentown, PA 8/30/1974 – 6/17/1975: Professor, Allentown Central Catholic High School, PA; Resident, St. Elizabeth, Whitehall, PA 6/17/1975 – 9/29/1975: Resident and Assistant, Immaculate Conception, Allentown, PA 9/29/1975 – 6/15/1976: Member, Liturgical Commission 6/15/1976 – 10/4/1976: Secretary, Diocesan Tribunal 10/4/1976 – 6/20/1976: Defender of the Bond, Diocesan Tribunal 6/20/1976 – 6/20/1978: Professor, Reading Central High School, PA; Resident, Holy Rosary, Reading, PA 6/20/1978 – 6/16/1980: Assistant, St. Anthony, Easton, PA 6/16/1980 – 10/1/1981: Coordinator, CCD Adult Regular Education, Northampton, PA 10/1/1981 – 2/25/1982: Regional Director, Family Life Bureau, Northampton, PA 2/25/1982 – 6/20/1983: Assistant Pastor, St. Ursula, Fountain Hill, Bethlehem, PA 6/20/1983 – 12/8/1985: Assistant Pastor, Our Lady of Perpetual Help, Bernardsville, PA 12/8/1985 – 6/19/1986: Assistant, St. Francis Cathedral, Metuchen, New Jersey 6/19/1986 – 12/1/1986: Resident, Holy Trinity, Egypt; Chaplain, Muhlenberg/Cedar Crest Colleges 10/1/1986 – 6/14/1988: Resident, St. Thomas More, Allentown, PA 6/14/1988 – 6/15/1989: Assistant Pastor, St. Thomas More, Allentown, PA 6/15/1989 – 9/6/1989: Pastor, John the Baptist, Whitehall, PA 9/6/1989 – 7/15/1993: Regional Director, CCD Lehigh County, PA 7/15/1993 – 1/19/1995: Assigned to ministry in New Jersey 1/19/1995 – Excardinated from Diocese of Allentown; Diocese of Metuchen 10/2010 – Placed on leave due to allegations stemming from incidents in 1978-1980 **Summary:** The Diocese of Allentown became aware of Father A. Gregory Uhrig’s sexual abuse of children by 2010. On May 5, 2010, a 44-year-old female victim made a complaint to the Diocese of sexual abuse at the hands of Uhrig when she was 13 years old and attended the seventh grade at St. Anthony school in Easton. In 1995, Uhrig left the Diocese and was incardinated to the Diocese of Metuchen in New Jersey. Following a report to that Diocese, he was placed on leave. The Diocese appears to have reported the complaint to local law enforcement upon receipt of the complaint. However, no prosecution was initiated because the statute of limitations had expired. --- ### Andrew Aloysius Ulincy 6/1/1966 – 9/2/1967: Professor, Marian High School, Hometown, PA 6/1/1966 – 3/27/1969: Resident, St. Joseph, Jim Thorpe, PA 11/1/1966 – 3/27/1969: Regional Director of Vocations, Carbon County, PA 12/9/1966 – 11/1/1970: Secretary, Committee on Ecumenism 3/27/1969 – 10/30/1979: Pastor, St. Mary, Mahanoy City, PA 11/1/1970 – Member, Committee on Ecumenism 12/1/1974 – 10/30/1979: Regional Director, Family Life Bureau, E. Schuylkill, PA 10/30/1979 – 12/1/1981: Pastor, St. Simon and Jude, Bethlehem, PA 3/4/1980 – 12/1/1981: Parish Priest Consultor 12/1/1981 – 2/15/1982: Sick leave 2/15/1982 – 5/4/1982: Assistant Pastor, St. Michael, Lansford, PA 5/4/1982 – 1/3/1995: Pastor, St. Joseph, Frackville, PA 12/21/1992 – 12/21/1995: Advisory Board Member, Cardinal Brennan High School 1/3/1995 – 8/21/1996: Assistant Pastor, Holy Rosary, Reading, PA 8/21/1996 – 6/5/1997: Administrator Pro Tempore, Immaculate Conception, Birdsboro, PA 6/5/1997 – 9/11/1997: Administrator, St. Paul, Reading, PA 9/11/1997 – 9/21/2010: Pastor Pro Tempore, St. Paul, Reading, PA 8/28/2001 – 9/21/2010: Spiritual Director, Holy Name Society for Berks Deanery 12/1/2009 – 9/21/2010: Pastors of Berks Deanery, Council of Priests, Representative 3/1/2011 – Retired **Summary:** The Diocese of Allentown became aware of Father Andrew Ulincy’s sexual abuse of children in 1981. On November 16, 1981, a 17 -year-old victim reported to the Bethlehem Police that Ulincy had sexually propositioned him. Ulincy was contacted by the police and admitted that the victim’s complaint was true. There is no evidence that the solicitation resulted in any criminal charges. --- ### Ronald Yarrosh 11/1974 – 12/1975: Assistant Promotion Director P.I.M.E. (Pontifical Institute for Foreign Missions), Detroit, MI 2/1976 – 6/1976: Language Student, P.I.M.E., Rome, Italy 8/1976 – 11/1976: Missionary, P.I.M.E., Hong Kong 2/1977 – 11/1981: Mission Appeal, P.I.M.E., Detroit, MI 2/1982 – 6/1982: Assistant Pastor, St. Anthony, Easton, PA 6/1982 – 10/1985: Assistant Pastor, Holy Rosary, Reading, PA 6/1986 – 6/1988: Assistant Pastor, St. Patrick, Pottsville, PA 6/1988 – 11/1991: Assistant Pastor, St. Francis of Assisi, Allentown, PA 5/1990 – Incardination into the Diocese of Allentown 11/1991 – 6/1996: Assistant Pastor, St. Anne, Bethlehem, PA 6/1996 – 6/1998: Assistant Pastor, St. Margaret, Reading, PA 6/1996 – 6/1997: Campus Minister, Albright College, Reading, PA 6/1997 – 7/1997: Assistant Pastor Pro Tempore, St. Peter, Reading, PA 6/1998 – 6/1999: Assistant Pastor, St. Jane Frances de Chantel, Easton, PA 6/1999 – 6/2001: Pastor, Holy Family, Sacred Heart Churches, New Philadelphia, PA 6/1999 – 6/2001: Pastor, St. Anthony, Cumbola, 6/2001 – 6/2003: Assistant Pastor, St. Bernard, Easton, PA 6/2003 – 4/2004: Assistant Pastor, St. Ambrose, Schuylkill Haven, PA **Summary:** On April 22, 2004, Pennsylvania State Police searched the rooms of Father Ronald Yarrosh and found a “tremendous amount” of child pornography. On April 29, 2004, Yarrosh was removed from priestly ministry and entered St. John Vianney Hospital for evaluation and treatment. 2004, the Pennsylvania State Police filed charges against Yarrosh, specifically, 110 counts of sexual abuse of children after discovering hundreds of child pornography photos, books, magazines, videos, and DVD’s in his possession. As law enforcement began its prosecution, Diocesan Support Services conducted an audit and determined that Yarrosh embezzled approximately $23,000.00 from the parish. Charges were filed related to this theft. On April 27, 2005, Yarrosh entered a plea of guilty to charges of theft and possession of child pornography. Yarrosh was sentenced pursuant to a negotiated plea agreement to imprisonment for three to 23 months, $250.00 in fines, and restitution to the parish. On July 21, 2005, Yarrosh left St. Francis Villa and moved into a motel. Yarrosh continued in residence at the motel until August 8, 2005, at which time he was incarcerated in Schuylkill County Prison in Pottsville. Upon his release on November 31, 2005, Yarrosh registered with the Pennsylvania State Police as a sexual offender. Upon his release from prison, Yarrosh was still a priest. On December 6, 2005, Yarrosh was released from prison as a convicted and registered sex offender. The Diocese granted him residence at St. Francis Villa in Orwigsburg. The Diocese’s own designation of Yarrosh noted he was a “moderate to high risk to again use pornography and/or consort with prostitutes.” In November 2006, it was discovered that Father Yarrosh had taken trips to New York City with a seven-year-old child. Yarrosh was also found to be in possession of pornography in violation of his court supervision. The Schuylkill County Court of Common Pleas subsequently sentenced Yarrosh to four to ten years in state prison for violating the terms of his supervision. Finally, in June 2007, the Diocese dismissed Yarrosh from the priesthood. --- ### Joseph A. Zmijewski 8/18/1938 – 7/8/1942: Assistant, St. Ladislaus, Philadelphia, PA 7/8/1942 – 5/8/1961: Chaplain, Bernardine Sisters, Reading, PA 5/8/1961 – 10/27/1961: Defender of the Bond 10/27/1961 – 1/27/1964: Administrator Pro Tempore, St. Mary’s, Reading, PA 1/27/1964 – 8/4/1967: Member, Diocesan Liturgical Commission 8/4/1967 – Promoter of Justice, The Tribunal **Summary:** On October 26, 2004, an adult woman reported to the Diocese of Allentown that she was a victim of child sexual abuse at the hands of a Diocesan priest. While in the ninth grade, the victim met Father Joseph A. Zmijewski. She was in a new school and was experiencing unhappiness. The victim began regular counseling sessions with Zmijewski. Zmijewski proposed a course of alternative treatment. He directed the victim to come to his personal residence where he could help the victim through hypnosis. The victim complied and attended four hypnosis sessions with Zmijewski at his residence. After the first three attempts were unsuccessful by Zmijewski to hypnotize her, she agreed to a fourth session. In an effort to expedite her “treatment,” she faked hypnosis during her fourth session. While she pretended to be hypnotized, Zmijewski instructed her to take off one piece of clothing after another. The victim was scared and complied until she was nude. Zmijewski then left the room for a short period of time and upon his return, he instructed the victim to get dressed. The victim never returned for any further “treatment” and kept the incident to herself into adulthood. --- ### David Connell, Timothy Johnson, and Jim Gross **Summary:** David Connell and Timothy Johnson were Carmelite priests and Jim Gross was a lay person. in September 2007, a known victim reported he had been sexually abused by Gross, a basketball coach at St. Patrick’s in Pottsville. He reported that the abuse began in the 1970’s while he was in sixth grade. In the summer of 1984, Gross resigned from teaching at St. Francis School in Minersville, Schuylkill County. In the narrative of his last evaluation from June 1984, the victim also reported that he was sexually abused by a Carmelite priest named Father David Connell and physically abused by a Carmelite brother named Timothy Johnson while attending Nativity High School. The abuse was reported to the Provincial of the Carmelites, Father Michael Kissane, in October 2007. The victim stated that his family’s house had burned down and the Carmelites took him and his brother in and had them live in a priory. During the time he was living in the priory, the victim was sexually abused by Connell. The victim remembered drinking juice that Connell gave him and the next memory the victim had was waking up in his own bed naked, with Connell in the room. The victim had no memory of the prior evening but, on waking, he was bleeding from his rectum. The victim told Johnson he was going to also report the abuse to the police. Johnson told the victim not to report the abuse to the police but the victim insisted on reporting. At this point Johnson began to severely beat the victim with a big leather belt and told the victim that, if he reported the abuse to the police, he would beat him even worse. --- ### Michael S. Lawrence 06/1973 – 06/1974: St. Catharine of Siena, Reading 06/1974 – 11/1974: Notre Dame High School, Easton; Sacred Heart, Miller Heights 11/1974 – 12/1974: Coordinator of Adult Religious Education, North Hampton 12/1974 – 06/1975: St. Jane Frances de Chantal, Easton 06/1975 – 12/1975: St. Jane Frances de Chantal, Easton 12/1975 – 06/1977: St. Anne, Bethlehem 06/1977 – 06/1978: Central Catholic High School, Allentown; St. Lawrence, Catasauqua 06/1978 – 08/1978: Diocesan Tribunal 08/1978 – 03/1980: Holy Trinity, Whitehall 03/1980 – 11/1982: St. Catharine of Siena, Reading 11/1982 – 03/1984: St. Anthony, Easton 03/1984 – 06/1984: Notre Dame High School, Easton; St. Anthony, Easton 06/1984 – 08/1984: St. Joseph, Easton; Notre Dame High School, Easton 08/1984 – 01/1987: Immaculate Conception, Jim Thorpe 01/1987 – 06/1987: Sick Leave 06/1987 – 03/1994: St. Paul, Allentown; Diocesan Tribunal; Ministry to the Aging 03/1994 – 06/1998: Diocesan Tribunal 06/1998 – 01/2000: Catholic University of America; Divine Word College 01/2000 – 03/2002: Courage 03/2002 – 04/2015: Retired **Summary:** Suspicions of Lawrence’s pedophilic behavior were brought to the attention of the Church as early as 1970 while Lawrence was attending St. Charles Borromeo Seminary. A student evaluation found within the records of the Diocese and obtained by the grand jury indicate that Lawrence was “a mysterious type who craves the attention of younger students” and that Lawrence showed “a little too much interest in younger students.” Regardless of these observations, in 1981, Bishop Joseph McShea wished Lawrence well. The father of the victim reported details of the incident. The victim told his father that he ha been in Lawrence’s room for a tutoring session. At the end of the session, the talk between Lawrence and the victim turned to sex. Lawrence then began to touch his genitals, had the victim take down his pants, and began to fondle the victim’s genitals. The victim’s father reported that his son had told him there had been “a lot of fondling, so much that he felt pain.” Additionally, Lawrence made the victim urinate. --- ### William E. Jones 5/27/1960 – 3/12/1963: Annunciation B.V.M., Shenandoah, PA 3/12/1963 – 3/26/1968: St. Ambrose, Schuylkill Haven, PA 3/26/1968 – 12/119/69: St. Francis of Assisi, Allentown, PA 12/1/1969 – 8/24/1970: St. Jane Frances, Easton, PA 8/24/1970 – 4/4/1972: Notre Dame High School, Easton, PA 4/4/1972 – 6/20/1972: St. Jane Frances, Easton, PA; Notre Dame High School, Easton, PA 6/20/1972 – 6/11/1973: St. Jane Frances, Easton, PA 6/11/1973 – 6/14/1974: St. Jane Frances de Chantal, Easton, PA 6/14/1974 – 6/17/1975: St. Mary, St. Clair, PA 6/17/1975 – 7/1/1978: Nativity B.V.M. High School, Pottsville, PA 7/1/1978 – 11/7/1978: St. Joseph, Summit Hill, PA 11/7/1978 – 3/10/1981: St. Vincent de Paul, Minersville, PA 3/1019/81 – 11/7/1983: Representative, Diocesan Board of Education, West Schuylkill County, PA 11/7/1983 – 5/24/1984: St. Patrick’s, Pottsville, PA 5/24/1984 – 11/1/1984: South Schuylkill Deanery, Council of Priests, PA 11/1/1984 – 3/13/1985: South Schuylkill Deanery, PA 3/13/1985 – 8/20/1991: Budget Board Nativity B.V.M. High School 8/20/1991 – 11/1/1993: Honorary Prelate of His Holiness, John Paul II 11/1/1993 – 11/26/1996: South Schuylkill Deanery 11/26/1996 – 5/3/1996: Dean of South Schuylkill Deanery (post was held until 11/26/99 in conjunction with the following duties/dates) 5/03/1996 – 10/29/1997: Diocesan Negotiating Team 10/29/1997 – 4/04/1998: Board of Seton Manor, Inc. 4/4/1998 – 3/25/1999: Nativity B.V.M. High School Budget/Audit Board. (held until 09/2001) 3/25/1999 – 10/1/1999: South Schuylkill Deanery, Diocesan Negotiating Team 10/1/1999 – 2/1/2000: President of the Catholic Housing Corporation, Queen of Peace Apartments, Pottsville, PA 2/1/2000 – 9/20/2000: Vicar Forane of South Schuylkill Deanery (held until 1/31/03) 9/20/2000 – 4/11/2002: Pastor designated to consult on removal/transfer 4/11/2002 – Resigned as pastor of St. Patrick’s, Pottsville, PA --- Diocese of Erie Michael J. Amy 6/23/1978 – 7/05/1979: Asst. Pastor, Our Lady of Peace, Erie, PA 7/05/1979 – 8/28/1981: Faculty, Cathedral Preparatory. Residence at Blessed Sacrament, Erie, PA 8/28/1981 – 6/14/1985: Faculty, Cathedral Preparatory, Residence at Holy Trinity Rectory, Erie, PA 4/23/1983: Chaplin, Catholic Scouting Committee 6/14/1985 -1/20/1986: Faculty, Elk Co. Christian, Residing at Holy Rosary Johnsonburg PA. Weekend Asst. St. Callistus, Kane, PA 1/20/1986: Weekend Asst. Holy Rosary, Johnsonburg, PA 6/14/1985 – 6/17/1988: Faculty, Elk Co. Catholic. Residing at Holy Rosary, St. Mary’s, PA 6/17/1988-1/31/1990: Faculty, Bradford Central Christian HS. Residing at St. Bernard, Bradford, PA 4/19/1989 -12/15/1989: Administration, St. Callistus, Kane, PA Residing at St. Callistus Rectory, Kane, PA 12/15/1989-12/22/1991: Pastor, St. Callistus. Residing at St. Callistus Rectory, Kane, PA 12/22/1991-2/05/1992: Sick leave 1/05/1992 – 3/01/1993: Sick leave 11/1993: Living in private residence Summary: In a 1993 letter, Amy wrote “I took the opportunity to touch the genitals of several boys at night. In 1974, one of them ran away because of my molesting him.” Amy said he was originally brought into custody by state police, but was not arrested or charged. He later admitted that he was involved with male prostitutes in the Erie area, as well as Pittsburgh and Baltimore. In 1993, the diocese acted to remove Amy. After the laicization process, an additional allegation was made against him by a victim who was a student at Erie Cathedral Prep in the early 1980s. In an email in 2002, the victim said Amy got him alone in a confessional booth and questioned him about touching himself. Amy went on to fondle the victim on more than one occasion. Michael G. Barletta 6/04/1966 – 5/30/1975: Secondary Education Kennedy Catholic High School, Hermitage, PA 6/04/1966 – 6/03/1970: Weekend Asst. Sacred Heart, Sharon, PA 6/03/1970 – 6/30/1975: Weekend Asst. St. Joseph, Sharon, PA 1975 Teen Action Club at Cathedral Preparatory, Erie, PA 5/30/1975 – 9/07/1994: Secondary Education Erie Cathedral Preparatory HS 5/30/1975 – 9/07/1994: Weekend Assistant, St Luke’s, Erie, PA 9/07/1994 – 8/01/1995: Sabbatical, Other Sabbatical at Southdown Treatment Center Toronto, Canada for Psychological Treatment 8/01/1995 – 2/28/2002: Dioceses Office, Catholic Charities, Erie, PA 8/01/1995 – 2/28/2002: Dioceses Office, Office of Matrimonial Concerns, Erie, PA 8/01/1995 – 2/28/2002: Resident St. Patrick’s Resident, Erie, PA 2/28/2002 Retired Summary: The grand jury received several documents describing Barletta’s behavior and heard testimony from a retired priest who saw Barletta with his genitalia exposed in the presence of a child under 18 between 1969 and 1970. Father John Fischer testified that he walked in on Barletta and a young high school student in private chambers, and that the student was naked from the waist down, trying to pull up his underwear and pants as Barletta watched. Fischer recalled that Monsignor Hastings dismissed the report, and that fellow priests laughed it off. Later on, Bishop Trautman recorded details of a conversation that he had with Sister Donna Markham about Barletta. Trautman wrote that Barletta abused 5 children. Barletta was confronted with allegations of oral sex, naked messages, digital anal penetration and masturbation against a victim in 1994. When confronted, Barletta admitted his guilt to Trautman. The diocese paid for the victim’s counseling, but once the victim shared the story of abuse with a newspaper, Trautman advised that the victim should seek payment directly from Barletta. From 1975 though 1994 when he was dismissed from Erie Cathedral Prep, Barletta admitted abusing 25 children and young men. After 1994, there are documents that proved Barletta was still allowed to minister in the Diocese of Erie. Donald C. Bolton 1952 -1954: Mt. St. Alphonsus, Esopus, NY 1954 -1959: Bela Vista, Mato Grosso, Brazil 1959 – 1962: Campo Grande, Mato Grosso, Brazil 1962 – 1967: Bela Vista, Mato Grosso, Brazil 1967 – 1969: Monte Alegre, Parana, Brazil 1969 – 1970: Rocio, Parana, Brazil 1970 – 1974: Notre Dame Retreat House, Canadaigua, NY 1974 – 1984: St. Gregory Thaumaturgus, North East, PA 1984 – 1987: Our Lady of Perpetual Help Basilica, Brooklyn, NY 1987 – 1990: Holy Family Retreat House, Hampton, VA 1990 – 2003: St. Alphonsus Villa, Redemptorist Fathers and Brothers, New Smyrna Beach, FL 2003 – 2006: St. John Neumann Residence, Sarasota Springs, FL 10/27/2006: Death Summary: In 1986, parents of a 7-year-old girl came to Erie County District Attorney’s office with a complaint that Bolton molested their daughter. As a result, Bolton was charged with indecent assault and corruption of minors. He pled guilty in 1987 and was sentenced to three years probation. One of Bolton’s victim would file a lawsuit and received a settlement of $100,000. Her abuse began when she was 7 and continued until she was 11. Bolton came to her house to console the family over the death of a grandparent. The victim said held her on his lap and rubbed her back, legs, bottom and rear. Other instances of assault occurred when the victim was in confession, at ski resort and at a cottage in New York. At different times, Bolton fondled her, rubbed his penis against her and put his fingers in her vagina. In another file, a mother of five children alleged that Bolton may have sexually assaulted four of them. No details were provided to the grand jury as the diocese’s representatives were corresponding with the family to offer them assistance with counseling. Another documented victim was a fourth-grade boy who reported he was sexually assaulted between 1976 and 1977. The diocese made arrangements to counsel the victim and arranged for various agencies to assist him and his family financially. Robert F. Bower 5/23/1959 – 8/29/1964: Gannon University, Erie, PA 8/29/1964 – 6/03/1970: Parochial Vicar, Our Lady of the Lake, Edinboro, PA 6/03/1970 – 8/20/1993: Faculty, Newman Center, Edinboro University 8/29/1992 – 3/11/1999: Pastor, St Anthony, Cambridge Springs, PA 8/29/1992 – N/A: Resident, other, Private Residence, Edinboro, PA 8/31/1993 – 8/29/1998: Weekend Asst., Our Lady of the Lake. Edinboro, PA 3/11/1999 – 3/01/2001: Leave of Absence. 3/01/2001 – N/A: Special ministry, Weekend Asst. Johnsonburg, nursing home, Meadville, PA Summary: In 1981, Bower was found collecting child pornography. Seventh graders found the images while they served as janitors at Edinboro University. One of these kids, now an adult, testified the images to the grand jury. He testified that photos in Bower’s office depicted children having sex with adults. The witness’s mother began working for the diocese in 1977. In 1981, she was fired two days and she and thee coworkers reported that Bower’s had a problem with pornography. Bowers retired from active ministry in the early 2000’s but still lives on the Edinboro campus. Dennis Chludzinski 6/05/1976 – 6/02/1977: Sacred Heart, Sharon, PA 6/03/1977 – 1/23/1978: Holy Rosary, Erie, PA 1/24/1978 – 6/30/1979: Leave of Absence 7/01/1979 – 8/24/1980: Unassigned / Under Father Kelly’s Supervision 8/25/1980 – 6/00/1984: Faculty at Villa Maria High School Erie, PA St. Benedict’s Academy Erie, PA Mercyhurst Preparatory Erie, PA 6/00/1984 – 10/08/1984: Attending Gannon University, Our Lady of Mercy 10/09/1985 – 8/31/1986: No Information provided by the Diocese of Erie 9/01/1986 – 8/02/1987: Chaplain, Sisters Community at Mercyhurst College, Hamot Medical Center Summary: In testimony to the diocese, Chludzinski admitted that in 1984 he has inappropriate sexual conduct with an 18-year-old boy. In a letter dated 1991 detailing his progress in therapy, Chludzinski admitted that he and a friend engaged in sexual contact with an 18-year-old male. This included masturbation and oral sex and occurred approximately four times. Chludzinski also noted that after being granted a leave, he became sexually involved with a 14-year-old boy for about nine months. In 2004, it was reported that a father discovered that Chludzinski had molested his young son years ago during a camping trip. The victim stated he met Chludzinski as an altar boy and that the abuse happened approximately six times over about six months. When informed of the allegation, Chludzinski replied, “sorry.” Donald Cooper 6/1963-5/1964: Bradford Central High Christian High School, Bradford, PA 5/1964-6/1971: St. Titus, Titusville, PA 6/1971-6/1975: St. George, Erie, PA 6/1975-11/1984: St. Charles, New Bethlehem, PA 11/1984-6/1987: Mount Calvary, Erie, PA 6/1987-3/1988: Assumption, Oil City, PA 3/1988-6/1989: St. Catherine, DuBois, PA 3/1988-4/1989: St. Anthony, Walston, PA 6/1989-7/2002: St. Joseph, Force, PA 7/2002-6/2005: Christ the King, Houtzdale, PA 10/2002-6/2005: Holy Trinity, Ramey, PA 6/2005: Retired Summary: In 2005, a man sent an email to the diocese reporting he had been subject to inappropriate sexual contact by Copper between 1981 and 1982. The victim state Cooper abused him multiple times and left him with years of emotional trauma. Cooper would convince the young victim to take a shower with him and would massage the victim and fondle him genitals, as well as masturbate in front of him. When confronted about the abuse in 2005, Cooper admitted his did shower with and massage the victim. He did not admit to the masturbation. Copper agreed to retire, and the church and the victim came to an agreement where the Diocese would pay for the victim’s past and future therapy and medication and also pay off $19,530 of the victim’s personal debt. Michael R. Freeman 6/10/1972: St. Margaret, Buffalo, NY 2/15/1975: St. Lawrence, Buffalo Part-time teacher, Bishop Turner High School 7/31/1976: Sacred Heart, Niagara Falls, NY 7/01/1980: Chaplain, United States Army 11/09/1981: Ecclesiastical Endorsement revoked 9/11/1982: St. Christopher, Tonawanda, PA 9/01/1984: St. Mary, Lancaster, PA 3/21/1989: Faculties Revoked Summary: The grand jury learned that Freeman had some contact with the Diocese of Erie but he was not incardinated into the Diocese as a priest. He was a priest in Buffalo, and in five of his six subsequent assignments he admitted to inappropriate sexual behavior with young men. The abuse occurred while he was a priest in Buffalo but also ministered in Pennsylvania. Freeman admitted sexual misconduct at both St. Margaret and St. Lawrence Parishes in New York, and the Diocese of Buffalo first became aware of Freeman’s criminal activity in November 1981. The grand jury found no evidence that the Dioceses of Buffalo or Erie ever notified law enforcement officials, despite the fact that Freeman admitted to sexually violating children in at least five of his six ministry assignments. Gregory P. Furjanic 1985: Staff, Kennedy Catholic High School 1985 – Unknown: Unknown duties, St. Anthony of Padua Sharon, PA 1987 – Unknown: Residing in a Convent at 1039 East 27th Street., Erie PA 7/08/1996: Faculties removed 2003 – Unknown: Croatian Franciscan Friars, Chicago, IL. 2005 – Unknown: Lutheran Social Services, St. Petersburg, FL Summary: In 2005, there was an accusation made against Furjanic related to an incident in the early 1970s. Another incident occurred in the mid-1980s. Records show that in the 1990s another accusation came against Furjanic. The diocese sent him for counseling and then advanced counseling. In 1996, the Congregation for Institutions of Consecrated Life and of Societies of Apostolic Life removed Furjanic’s priestly authority. The grand jury later learned one of the victim’s later died by suicide. Chester Ggawronski More information not available. Herbert G. Gloeker 6/1949-9/1967: Sacred Heart, Erie, PA 9/1967-10/1974: St. Bibiana, Galeton, PA 10/1974-1/1985: Mount Calvary, Erie, PA 1/1985: Died, St. Mary’s Home Summary: Gloekler was accused of sexually abusing young females during the 1950s at Sacred Heart. Most of the allegations involved girls who helped sort paperwork in the rectory. One victim described her abuse in an article for the Erie Times-News because she wanted to bring to light the abuse in the Catholic Church. Other victims wrote letters to Bishop Trautman supporting the claims in the newspaper. One victim said Gloekler would fondle her breasts. Another reported that he pulled her into an empty room and kissed her, and instructed her to keep the interaction private. Two other woman contacted Trautman and said they weren’t victims but had witnessed sexual abuse by Gloekler. Robert E. Hannon 6/03/1954 – 2/03/1955: Assistant Pastor, Holy Rosary, Erie, PA, 2/03/1955 – 3/27/1957: Assistant Pastor, Sacred Heart, Sharon, PA 3/27/1957 – 2/03/1958: Assistant Pastor, St. Boniface, Kersey, PA Resident Pastor (Hacherl) asked to have Hannon Removed 2/03/1958- 5/31/1958: Assistant Pastor, St Luke’s, Erie, PA Resident Pastor (Goodill) asked to have Hannon Removed 5/31/1958 – 6/12/1965: Administrator, Sacred Heart, Genesee, PA 9/01/1959 – N/A: Appointed Assistant Director of Lay Retreats for the Diocese 6/12/1965 – 6/4/1966: Holy Cross, Brandy Camp, PA 6/04/1966 – N/A: Administrator, St. Mathew, Erie, PA 6/06/1966 – 6/16/1967: Administrator, St. Cyprian, Waterford, PA 6/16/1967 – 6/01/1979: Pastor, St. Mathew in the Wood, Erie, PA 4/13/1978: Requests transfer to Diocese of Hawaii 6/01/1979: Released to Diocese of Hawaii 9/19/1979 – 7/18/1980: Asst. Pastor, St. John the Apostle, HI 7/18/1980 – 6/1/1981: Associate Pastor, St. Cattistus, Kane, PA 6/01/1981: Associate Pastor, St. Elizabeth, Aiea, HI 4/26/1984: Holy Trinity Church, Honolulu, HI 7/17/1984: Incardinated into Diocese of Hawaii 10/20/2003 – 1/16/2006: Residence at Cathedral of Our Lady of Peace, Diocese of Hawaii, Honolulu, HI 1/16/2006: Death Announcement Summary: In 2003, in response to the John Jay College study on clergy sexual abuse, the Diocese of Erie acknowledged the existence of eight known victims of Hannon’ s sexual assaults. The grand jury has found documents that the Diocese of Hawaii and possibly the Diocese of Erie knew Father Hannon had admittedly abused at least twenty youths between ages 12 and 19. Of the eight victims acknowledged by the Diocese of Erie, one is categorized as “claim denied, not verified” based upon a denial by Hannon. This victim was abused in Hawaii and occurred when Hannon was visiting the victim’s parents. While tucking her into bed, he allegedly fondled her under her underpants. When the victim was interviewed in 2004, the Diocese of Hawaii found her “extremely credible.” But the Diocese of Erie sided with Hannan, as he had previously admitted to abusing only boys. Hannon denied abusing females stating, “they do not have a penis.” There are eight known victims within the Diocese of Erie. It is unknown if the Diocese ever informed law enforcement officials about Hannon’s conduct. James P. Hopkins Unknown Dates: Pastor St. Titus Church in Titusville, PA 1920s: Pastor at unknown church in East Brady, PA Summary: In 1993, a victim wrote a letter to Bishop Trautman at the Diocese of Erie where she stated in in 1945, when she was 13, she experienced abuse at the hands of Hopkins in the rectory of St. Titus. She stated that Hopkins would, “grab our face in his hands, force us to look up, and then plant a sloppy kiss on our mouths … and fondle us wherever he pleased.” In 1994, the victim wrote another letter to Trautman. The bishop wrote back that “Since Monsignor Hopkins died in July of 1957, there is no possible way to investigate your accusation.” Barry M. Hudock 8/01/1997 – N/A Catholic University, Faculty, Washington, DC Summary: Hudock was 27 in 1996 when he engaged in inappropriate sexual conduct with a girl in her junior year of high school. Bishop Trautman detailed that the victim was a junior at Mercyhurst Preparatory when she was targeted by Hudock. This sexual abuse occurred in several different locations within the victim’s parish community. Trautman documented that Hudock and the victim had engaged in kissing prior to a trip to Wasington, D.C. Records revealed that Hudock groped and kissed the victim on numerous occasions, and it was reported he showed he pornography. In 2008, the victim was having a difficult time dealing with the psychological issues from being victimized by Hudock. The Diocese agreed to pay for her medical bills and provided her with airfare to be seen at St. Luke’s Institute in Suitland, Maryland. Hudock’ s current employment status is not known, but he operates his own religious website titled, “Faith Meets World” and has written religious books for Liturgical Press under his given name, as well as the pen name “Barry Michaels.” Joseph W. Jerge 5/18/1951 -6/30/1952: Parochial Vicar, St. Boniface, Erie, PA 6/30/1952- 5/23/1959: Parochial Vicar, St. John the Baptist, Erie, PA 5/23/1959 – 8/29/1964: Parochial Vicars, St. Joseph, Oil City, PA 8/29/1964 – 6/03/1970: Pastor, St. Hippolyte, Guys Mills, PA 6/30/1970 – 12/04/1989: Pastor, St. Callistus, Kane, PA 4/19/1989 – 11/22/1989: Sick Leave 12/04/1989 – 6/14/1991: Parochial Vicar, St. John the Evangelist, Girard, PA 6/14/1991 – 9/01/1992: Parochial Vicar, St. Francis Xavier, McKean, PA 9/01/1992 – 2006: St. Patrick’s Retirement Resident, Erie, PA Summary: The Diocese of Erie was first made aware of sexual abuse allegations against Joseph W. Jerge in early 1989. That year, he was sent for psychological therapy. In the fall of 1989, he was released and signed an aftercare contract that restricted his contact with young boys. He was placed back into ministry at St. John the Evangelist. In 1991, Jerge had a meeting with several members of the clergy where concern was voiced about him violating his post-care contract. Bishop Trautman re -assigned Jerge to St. Francis Xavier parish. One victim is well-documented by the ministry. He was a high school sophomore when Jerge took him on trips along and fondled him on multiple occasions. Later in the victim’s life, he was blackballed from employment and blocked from attempts to be admitted to seminary. The grand jury found documentation that Bishop Trautman personally instructed school administrators not to hire the victim, noting that he might be homosexual and might have attempted suicide. It is also noted that the Diocese paid at least $1,200 of the victim’s counseling fees. Another victim stated that he was sexually abused by Jerge between approximately 1981 and 1985. He stated that all of the assaults took place in Jerge’s car. The victim made his history of abuse known to Trautman in 2003 and obtained an attorney. A letter stated Trautman advised Jerge to consider both legal and canonical counsel. According to the letter, Trautman called the District Attorney of Erie County to tell him of the situation and assure him of their compliance with the applicable standards and guidelines. Stephen E. Jeselnick 5/01/1976: Associate, Our Lady of the Americas, Conneaut, PA 6/03/1977: Granted full faculties of the Diocese of Erie 9/06/1977: Faculty, Venango Christian HIGH SCHOOL w/residence at Assumption of the Blessed Virgin Mary, Oil City, PA 2/09/1987: Requests new assignment/residence. Wanted campus ministry 6/23/1978: Associate, St. Brigid and Campus Minister, Allegheny College w/Father William Karg 1/12/1980: Requests to be assigned to Notre Dame, IN (Holy Cross) 6/19/1980: Associate, St. Michael, Greenville, PA 7/31/1980: Appointed Defender of the Bond/Advocate for the Tribunal 3/31/1981: Bishop Watson agrees/recommends to release to Notre Dame, IN 6/02/1981: Accepted into Graduate Candidate Program at Notre Dame 11/06/1982: Withdraws voluntarily from Holy Cross, IN (Novitiate) 12/03/1982: Permitted to minister in Denver, CO, for a six-month assignment by Bishop Murphy 12/10/1982 12/18/1982: Accepted by Archbishop Casey, Denver, CO Spring 1983: Assigned to St. Mary’s, Littleton, CO 3/18/1983: Re -assigned to Shrine of St. Anne, Arvada, CO 4/08/1983: Requests to enter/serve as Military Chaplain 5/13/1983: Bishop Murphy approves appointment to Military 9/12/1985: Requests incardination into Diocese of Colorado Springs, CO 10/10/1985: Incardination denied; Requests Leave of Absence 11/5/1985: Colorado Springs withdraws their faculties 4/1/1986: Requests permission to enter Air Force to be Chaplain and Additional Leave of Absence 8/11/1986: Requests to enter Archdiocese of Military 10/03/1986: Residence at Ecclesia Center, Erie, PA 4/21/1987: Parochial Vicar, St. Catherine, DuBois, PA; Chaplain, DuBois Medical Center; and Father Brugger’s weekend assistant at Sigel and Corsica, PA 11/18/1996: Military Archdiocese to facilitate the change from active to reserve; the following month the Military endorses for inactive reserve duty 7/14/1997: Veterans Administration Hospital, Baltimore, MD 5/01/2014: Faculties revoked Summary: Jeselnick’s file listed only two known victims who were both over the age of legal adulthood. Three other victims not included in the diocese files testified in person about the abuse. Their accounts include genital fondling, oral and anal sex, occurring in the late 1970s when Jeselnick was stationed in Meadville. All three men and several of their sisters testified that Jeselnick and a previously unidentified deacon would come to their house and get intoxicated. Once the adults were drunk, Jeselnick would find the boys and pray on them. In 2014, Jeselnick sent a letter seeking suitability for ministry. After reviewing his file, Bishop Lawrence Persico denied the request. Thomas C. Kelley 7/25/1968 – 7/16/1972: Parochial Vicar, St. Peter Cathedral, Erie, PA 7/16/1972 – 3/17/1978: Special Ministry, St. Mark’s Seminary, Erie, PA 7/16/1972 – 5/05/1979: Weekend Asst., Our Lady of Mercy, Harborcreek, PA 3/17/1979 – 5/05/1979: Special Ministry, St. Mark’s Seminary, Erie, PA 5/05/1979 – 9/01/1985: Special Ministry, St. Mark’s Seminary, Erie, PA 9/01/1985 – 6/30/1989: Dean, North American College, Rome, Italy 8/28/1989 – 3/27/1990: Administrator, St. Michael, Greenville, PA 3/27/1990 – 6/15/1994: Pastor, St. Michael, Greenville, PA 3/01/1992 – 6/15/1994: Diocesan Review Board 6/15/1994 – 12/31/1995: Leave of Absence, Odessa, TX/Erie, PA 9/18/1995 – 9/22/1995: Psychological Assessment, Southdown Treatment Center, Canada 4/1996 – 9/1996: Residential Treatment, Southdown Center, Aurora, Ontario, Canada 9/06/1994 – 12/31/1995: Pastor, St. Agnes, Ft. Stockton, TX 3/31/1996 – 11/25/1996: Chaplain, Holy Faith Monastery 2/21/2005: Death Summary: Kelley served in two different dioceses in two states as well as in Europe over the course of his 30 year career. He was accused of inappropriate sexual conduct with at least five victims. His victims of choice were 18 to 25 year old men in high school or in seminary. Kelley engaged in mutual masturbation, oral and anal sex with his victims. Gary L. Ketcham 9/10/1977 – 1/23/1984: St. Bonaventure University, Faculty Franciscan Friars, NY 5/1983-1/23/1984: St. Patrick’s, Buffalo, NY 1/23/1984 – 9/11/1985: Parochial Vicar, St. John the Baptist, Erie, PA 9/11/1985 – 8/01/1989: Parochial Vicar, St. George, Erie, PA 3/05/1989 – 6/14/1989: Health Leave, Guest House, Rochester, MN 6/14/1989 – 6/08/1990: Health Leave, St. Luke’s Institute, Suitland, MD 6/08/1990 – 7/16/1990: Health Leave, St. Patrick’s/St. Hedwig Cluster, Erie, PA 11/13/1998 – 2004: Suspended/Other 2004- Present: Privately employed; not functioning as a Priest Summary: Sometime prior to March 1989, allegations of sexual misconduct came to light. He was accused of molesting two boys while in a drunken state while visiting friends in Mobile, Alabama. Ketcham was officially charged with two counts of sexual abuse of minors. He was sent to therapy after the incident and housed in a diocese-owned treatment facility. Ketcham pled guilty to both counts and was ordered to pay a $15,000 fine. In 2002, Bishop Trautman initiated the laicization process to formerly remove Ketcham from the church. Ketcham cooperated with this process. Thaddeus Kondzielski Where he served: 6/16/1967-8/31/1986: Secondary Education, Cathedral Preparatory., Erie Facility 6/16/1967-6/03/1970: Weekend Asst., St. Stanislaus, Erie, PA 6/03/1970-8/31/1986: Weekend Asst., St. Hedwig, Erie, PA 8/31/1986-10/01/1988: Health Leave, Other 10/01/1988-6/30/1994: Administrator, St. Philip (Crossingville) Edinboro, PA 6/30/1994-5/04/2000: Pastor, St. Philip (Crossingville) Edinboro, PA 5/04/2000-6/29/2006: Pastor, St. Philip (Crossingville) Edinboro, PA (Reappointed 2nd 6 yr. term) 6/30/2006-8/31/2012: Pastor, St. Philip (Crossingville) Edinboro, PA (Reassigned 3rd 6 yr. term) 9/01/2012-4/28/2013: Pastor, St. Philip Crossingville) Edinboro, PA (Reappointed 4th 6 Yr. term) 4/29/2013: Retired Summary: Father Thaddeus Kondzielski was assigned as a teacher at Erie Cathedral Preparatory for January 2013, a victim contacted the Diocese to advise that 30 years earlier, when he was a sophomore at Cathedral Preparatory, Kondzielski would ask him to assist with grading papers in the rectory. On one occasion, Kondzielski asked him to stay and lift weights. When he said he did not have the proper clothes, Kondzielski suggested that they lift weights naked. They then proceeded to lift weights together while they were naked. When he told his parents about the naked weight lifting incident, they were shocked and told him to stay away from Kondzielski. When confronted with this allegations, Kondzielski claimed he did not remember the incident, but did not deny it because it could have happened. Gerard Krebs Where he served: 7/26/1964 – 6/3/1970: Secondary Education Venango Christian, High School, Oil City, PA 7/26/1964 – 6/3/1970: Weekend Assistant, St. Stephen’s, Oil City, PA 6/3/1970 – 9/8/1970: Parochial Vicar, Our Lady Queen of the Americas, Conneaut Lake, PA 6/3/1970 – 9/8/1970: Resident, St. Stephen’s Rectory, Oil City, PA 9/8/1970 – 12/6/1978: Parochial Vicar, Erie, St. John the Baptist 12/6/1978 – 1/27/1983: Pastor, Holy Cross Church, Brandy Camp, PA 1/27/1983 – 6/30/1990: Pastor, St. Patrick, Erie, PA 3/1/1990 – 5/4/1990: Health Leave, Guest House, Rochester, MN 6/30/1990 – 1/6/1992: Pastor, St. Patrick, Erie, PA 1/6/1992 – 12/31/2003: Director of RCIA, Diocesan Office, Erie, PA 1/6/1992 – 2/4/1994: Resident, Blessed Sacrament, Erie, PA 2/4/1994 – 3/27/2004: Resident, St. Joseph/Bread of Life, Erie, PA 4/10/1996 – 10/1/1996: Chaplain, Soldiers & Sailors Home 11/17/1996 – 5/8/1997: Weekend Assistant, St. Patrick, Erie, PA 11/22/1996 – 12/31/2003: Director of Activities/Coming Millennium, Diocesan Office, Erie, PA 1/1/04 – 5/25/2005: Retired, Priest Retirement Residence, Erie, PA Summary: Three known victims came forward indicating that they were sexually abused by Father Gerard Krebs. One victim alleged that Krebs led him through “a series of sexual rituals to both prove my faith and the fact that I was not a homosexual. The grand jury found no documentation indicating that law enforcement was ever notified about any of Krebs interactions with his victims. Jerry (John) Kucan Where he served: 1952-1954: St. Anthony’s, Sharon, PA 1954-1961: St. Joseph’s, Bethlehem, PA 1961-1972: St. Mary’s, Steelton, PA 1972-1973: Our Lady of Peace Friary, Beaver Falls, PA 1973-1977: St. Anthony’s, Sharon, PA 1977-1978: Sacred Heart, Milwaukee, WI 1978-1979: Beaver Falls Friary, Beaver Falls, PA 1979-1982: St. Mary’s, Steelton, PA 1982-1985: St. Jerome’ s, Chicago, IL 1985-1986: Sacred Heart, Milwaukee, WI 1986-1988: St. Anthony’s, Chicago, IL 1988-1994: St. Augustine’ s, West Allis, WI 1994-1995: Sacred Heart, Chicago, IL 1995-2005: St. Anthony’s Friary, Chicago, IL Summary: In February of 2005, a 29 year old man wrote a letter to the Diocese of Erie in which he stated that he had attended St. Anthony’s School in Sharon, Pennsylvania and that in 1974 he began serving midnight mass. Victim #1 stated that “Father Jerry” began an inappropriate relationship with him at that time. They would have special meetings together. Kucan told the victim that if he ever told anyone about their relationship, his mother would lose her job in the school kitchen and he would be kicked out of school. The victim wrote in the letter that he would go to confession weekly to confess his sins and that Kucan would tell him that the slate was wiped clean. Kucan would perform oral sex on the-then eight year old. The letter also alleged that Kucan would have a brother in a brown robe present on some occasions and that this brother would also perform oral sex on the victim. Father Kucan was taken out of the ministry in March 2005, when the Order received its first complaint against him. The Order settled with the victim filing the complaint. The file note also indicated that Kucan was then in his mid- eighties and in the early stages of dementia. There is nothing contained in this file that shows that any actual correspondence between the Church and the District Attorney occurred. Louis Lorei Where he served: 9/1981 – 9/1985: Pastor, Our Lady of Peace, Erie, PA Unknown: Possibly Gannon University Summary: In December 2009, Father Mark Hoffman called the Bishop’s office to report an allegation involving child sexual abuse by Monsignor Louis Lorei. The parents of a boy had approached him to report that their son stated he “was touched by Monsignor Lorei” in the early 1980’s. Bishop Trautman later met with the victim. The victim stated that about 1980 or 1981, he was a student, roughly age 11 to 13, at Our Lady of Peace school. He was also an altar server during early mass with Lorei. On one occasion, Lorei invited him into the rectory and into his bedroom. Lorei had the victim sit on the bed while Lorei sat next to him and hugged and kissed him on the lips. This would occur several days in a row, stop, and then begin again. The victim eventually refused to serve mass with Lorei. Lorei was soon removed by then -Bishop Murphy. In his own handwritten words, Trautman expressed the personal belief that Lorei’ s sudden departure may likely have been indicative of some kind of significant event. Trautman offered the victim counseling services. Financial assistance was also discussed. In a memorandum dated March 30, 2007, Hoffman also documented an additional victim of Lorei. Hoffman found out through the father of the second victim that his son was allegedly abused by Lorei. The victim reportedly described the incident during a United Methodist retreat in 2000. A small note in the file states “Review Board found no merit in processing since supposed victim did not come forth even after requests.” It is unknown who the request refers to. Salvatore P. Luzzi Where he served: 6/09/1962 – 8/29/1968: Faculty, Venango Christian High. Residence at St. Joseph, Oil City, PA 8/28/1968 – 8/28/1969: Sp. Ministry, St. Mark’s Seminary, Erie, PA 8/28/1968 – 7/16/1972: Dean/Collegians, St. Mark’s Seminary, Erie, PA 7/16/1972 – 5/05/1979: Sp. Ministry, St. Mark’s Seminary, Erie, PA 5/05/1979 – 7/19/1994: Pastor, St. Joseph, Warren, PA 3/19/1991 – 8/01/1994: Sp. Ministry, Dean/Warren Co. Deanery, St Joseph, Warren, PA 7/19/1994 – 2/10/1995: Sick Leave 5/05/1979 – 9/15/1995: Resided at St. Joseph 9/15/1995 – currently: Faculties removed Summary: After several years teaching at Venango Christian High School, Reverend Salvatore P. Luzzi was moved to St. Mark’s Seminary, where he filled several roles. Over the course of his 30 year ministry, he was accused of sexual misconduct by eight male victims ranging in age from early teens to early twenties. Some of these victims were groped, inappropriately kissed, hugged, and/or fondled. He also faced allegations of responsibility for the suicide of a former student/victim. Luzzi worked extensively with young would-be priests at St. Mark’s where he and fellow priest Leon Muroski served as Spiritual Directors to the seminarians. Luzzi’s inappropriate touching and fondling of at least two seminarians prompted the Diocese to settle with those seminarians for large sums of money. The first former Seminarian’s case was settled in civil court for $34,500 and this individual received several thousand dollars over the course of the many years that the Diocese paid for his counseling and medication costs. Several other former juvenile victims of Luzzi received letters or phone calls of apology from the Diocese. These victims were counseled by the Diocese through correspondence or in person interviews wherein Luzzi’s behavior was dismissed as “Sal’s way of expressing himself and his “touching approach” to ministry was attributed to his Italian upbringing. In 1994, Bishop Trautman sent both Luzzi and Muroski to St. Luke’s Institute for therapy. The Diocese publicly announced that Luzzi was going on an extended sabbatical for “personal, spiritual and academic growth.” Once Luzzi was discharged, the Bishop welcomed him back into pastoral ministry by letter on February 14, 1995. However, the welcome also came with several conditions and a Penial Precept, a formal notification in the church that restricts ministry. Trautman directed Luzzi to refrain from all contact with youth under 19 years of age and to avoid travel and social interaction with such parishioners. Later that same year, in September 1995, Trautman had Luzzi’ s faculties as a priest removed and Luzzi began residing in a private residence, where he remains today. Ricahrd D. Lynch Where he served: 6/01/1963 – 5/26/1972: Secondary Education Bradford Central Christian High School, Bradford, PA 5/26/1972 – 2/18/1983: Headmaster, Secondary Education Bradford Central Christian High School, Bradford, PA 2/18/1983 – 8/30/1999: Pastor, Erie Holy Rosary, Erie, PA 1984-1994:Dean, East Erie Deanery, Erie, PA 8/31/1999 – Death: Pastor, St. Mark’s the Evangelist, Erie, PA Summary: The victim claims Lynch slammed him into the wall and this resulted in a trauma to his head. In a letter dated June 3, 2016, the victim stated that he wanted to write the Bishop to get some things off his chest. He alleged that Father Richard Lynch was responsible for the sexual abuse that he went through while attending Bradford Central Catholic Christian High School 1978-1979. He said he told Bishop Trautman about some physical abuse, but was too ashamed to talk about the sexual abuse. Daniel Martin Where he served: 1943 – 1945: Parochial Vicar, Sacred Heart, Sharon, PA 1945 – 1962: Faculty, Erie Cathedral Preparatory High School, Erie, PA 1948 – 1962: Assistant Headmaster, Erie Cathedral Preparatory, Erie, PA 1950-1962: Chaplain, Mercyhurst College 1962-1970: Pastor, St. Boniface, Kersey, PA 1962-1970: Headmaster, Elk Co. Christian High School, St. Mary’s, PA 1970-1974: Pastor, St. Joseph, Oil City, PA 1974- 1986: Pastor, St. George, Erie, PA 1984: Prelate of Honor, titled Monsignor 1986-1987: Retired, Residence at Mt. Calvary, Erie, PA 1987: Chaplain, Mercyhurst College for Religious women 2003: Blessed Sacrament, Residence Summary: Monsignor Daniel Martin was a priest the in the Diocese of Erie for 43 -three years who faced two known allegations of sexual abuse. The grand jury’s review of his files found very little documented evidence of his abuse of a teenager who was an alter server in his parish. That victim would go on to become a priest himself and appeared in front of the grand jury to tell his story. He reported that when he was upset over the troubles of his life, he would seek Martin’s counsel. He testified that Martin sexually fondled him on at least sixteen occasions between the ages of sixteen and nineteen. Other victims came forward with similar encounters. Redacted – pending litigation The name of the priest, where he served and the exact incident was entirely redacted in the grand jury report. Leon T. Muroski Where he served: 6/11/1960 – 9/01/1967: Parochial Vicar, St. Luke, Erie, PA 3/30/1961 – N/A: Chaplain, Erie County T.B. Hospital 9/01/1960 – 6/16/1967: Special Ministry, Faculty, St. Mark’s, Erie, PA 6/16/1967 – 10/12/1982: Diocese Office, St. Mark’s Seminary, Erie, PA 10/12/1982 – 9/01/1995: Pastor, Our Lady of the Lake, Edinboro, PA 5/1994: Sent to St. Luke’s Institute for Psychological Treatment 9/01/1995-6/01/1997: Retired, St. Casimirs, Rectory, Erie, PA 6/01/1997-4/01/2001: The Christophers, Unknown duties, New York, NY, 5/03/2001: Resident, St. Patrick’s, Erie, PA 9/01/2001 – 3/11/2002: Chaplain, Pleasant Ridge Manor West, Girard, PA 1/2320/03 – N/A: St. Patrick’s, Unassigned 12/10/2015 – Present: Diocese Retirement Home, Erie, PA Summary: After 20 years of administrative duties, Muroski finally got his own parish. This ministry lasted from 1982 until1995, but was abruptly halted when in the early 1990s Muroski was accused of sexual misconduct while he was a Spiritual Director at the seminary. Muroski was sent to St. Luke’s Institute in Suitland, Maryland, for individual psychotherapy in 1994 after he admitted to inappropriate contact with the seminarians under his watch. These seminarians were all male, eighteen to twenty-three-year olds, when Muroski would counsel them. This counselling included allegations of full body massages, kissing, masturbation and fondling of the seminarians’ buttocks and genitals. Muroski would eventually be placed back into ministry after therapy at St. Luke’s and served in the Diocese of Erie and in The Christophers program in New York City. In 2001, Muroski returned to the Diocese of Erie from The Christophers and was retired. Muroski was permitted to move into the retired priest home in 2002, which is where he still resides. In 2016, the Diocese rostered a list of all the retired clergy living in the home and made it public. Muroski was not listed as a resident. It was at this residence that the grand jury found him living in 2017, however. Edmundus Murphy No further details regarding where he served were provided. Summary: On December 21, 2007 an e-mail communication was sent to Monsignor Robert Smith, Vicar General of the Diocese of Erie from the Society of the Divine Word in Techny, Ilinois. The purpose of the e-mail was to inform Smith that a victim was sexually abused by a staff member while he was a minor at Sacred Heart High School in 1964. This school was operated by the Society of the Divine Word Missionaries in Girard. The victim claimed that during the summer between his freshman and sophomore years of high school, Brother Edmundus Murphy, who was 33 years of age at this time, was the wrestling coach at the school. Murphy encouraged the victim to join the team and, under the pretense of teaching him some wrestling moves, the two wrestled naked “as the ancient Greeks and Romans did.” The victim alleged that during these “wrestling” sessions he was sodomized by Murphy. Immediately after the incident, the victim asked Murphy what he was doing and, according to the victim, Murphy sat on the floor and began to cry. The grand jury investigation found no documentation that the Diocese notified local law enforcement or the District Attorney’s Office about Murphy’s behavior. The only note in the file was a handwritten notation on top of the printed out e-mail which read; “not responsible-Priest/Deacon only.” John L. Murray Where he served: 5/31/1947 – 5/28/1955: Sacred Heart, Parochial Vicar with Residence, Sharon, PA 5/28/1955 – 6/11/1960: St. Paul, Parochial Vicar with Residence, Erie, PA 8/25/1959 – 6/11/1960: St. Paul, Parochial Vicar with Residence. Special Duties, Part-Time Faculty, Erie Cathedral Preparatory, Erie, PA 6/11/1960 – 8/01/1966: Special Ministry, Erie Cathedral Preparatory, Erie, PA 8/27/1966 – 1/31/1969: Special Ministry, DuBois Central Catholic HS, Special Duties, Headmaster, DuBois, PA 6/16/1967 – 10/15/1968: St. Bernard, Administration with Residence, Falls Creek, PA 10/15/1968 – 5/26/1972: Health Leave 5/26/1972 – 1/04/1974: Special Ministry, Vicar Assistant with Residence, Our Lady Queen of the Americas, Conneaut Lake, PA 1/04/1974 – 6/01/1979: Pastor with Residence, Our Lady Queen of the Americas, Conneaut Lake, PA 6/01/1979 – 10/15/1985: Pastor with Residence, St. Matthew in the Wood, Erie, PA 10/15/1985 – 6/01/1987: Sick Leave 6/01/1987: Restricted, Erie, PA Summary: Murray molested young boys in a church rectory before serving mass, as well as in recreational settings such as the lake shore. A review of his Diocesan file revealed that, as a result, the Diocese paid thousands of dollars in therapy fees and civil settlements. Two of his victims each received monetary settlements in the amount of $25,000 each. The first allegation of sexual abuse against Murray was made in 1967. In was reported that in the summer of 1966, Murray, while in a social setting with the victim’s family at the shore, allegedly fondled the young boy in the water and on shore. This incident was brought to the attention of the boy’s parents and Bishop John F. Whealon in 1967. There was no indication in the file that law enforcement was notified. Whealon’ s personal notes revealed that he confronted Murray with the accusation and spoke with the victim’s father on a number of occasions. Murray partially denied the allegation by telling the Bishop that the victim has “an overactive imagination,” and that any touching was accidental due to normal roughhousing with the boy. In April of 1985, Murray was charged by the Pennsylvania State Police with one count each of indecent assault and corruption of minors. He eventually pled guilty to both charges, was sentenced to twelve months’ probation and fined. This incident was the result of Murray sexually molesting a 12 -year-old boy who was preparing to serve mass in the church rectory. One year later, the church paid the victim’s family a settlement in the amount of of $25,000. As a result of Murray’s second instance of child molestation, the Diocese disciplined him by removing his priestly faculties in 1985. While awaiting sentencing on his criminal charges, the Diocese sent Murray to two treatment facilities. After several years of treatment, paid for by the Diocese, Murray was retired and moved to his family home in Philadelphia. As of 2007, he was still receiving money to pay for his therapy. Giles L. Nealen Where he served: 1944-1951:Monastic maintenance department, St. Vincent Arch Abbey 1954-1963: Monastic maintenance department, St. Vincent Arch Abbey 1949-1951: Scholasticate Perfect 1951-1954: Assistant Pastor, Sacred Heart, St. Mary’s, PA 1954-1963: Prefect, St. Vincent Scholasticate 1954-1963: Director of Food Service 1956-1963: Master of Brothers 1964: Pastor, St. James, Waynesburg, OH 1964-1967: Superior, St. Benedictine Priort, Vinhedo, S. P. Brazil 1967-1968: Administrator, St. Benedict, Marguerite 1968-1971: Assistant Pastor, Queen of the World, St. Mary’s, PA 1971-1972: Pastor, St. Bruno, South Greensburg, PA 1972-1980: Pastor, St. James, Waynesburg, OH 1990-1992: Pastor, Sacred Heart, St. Mary’s, PA Summary: A letter dated January 25, 1993 from a victim stated that 23 years earlier, he was sexually abused by Father Giles L. Nealen. At that time, Nealon was assigned to Queen of the World church in St. Mary. This letter stated that Nealen sexually abused him and two of his friends, but he was unsure if the other two victims would come forward. In this letter, the victim begged the church to keep Nealen away from other young boys so that they would not also be sexually assaulted by the priest. Another finding was a cassette tape enclosed in Nealen’s file labeled “victim’s father.” It was an on-air interview from the show, “Erie in the morning.” The victim’s father told the hosts of the radio show that he was approached by a friend who told him that he had “walked in on” this priest sexually abusing his own son and was concerned that the son of this man had also been sexually abused. When the father asked his young son if anyone had ever touched him, he claimed that his son started to cry and told him that their local priest had. The victim’s father told the radio hosts how this priest was “part oftheir family” and that he would come and stay the entire weekend at their home. His son told him that the priest would come into his room after he and his wife went to bed to sexually abuse him. The victim’s father claims his son would have been between the ages of nine and fourteen at the time of this abuse. When the victim’s father confronted the priest, who had recently left the parish, he claimed the priest did not deny that he sexually abused his son and told him the reason he did it was because “his son needed love.” When the victim’s father told the priest he wanted them to go to the Bishop and tell him what happened, that the priest refused to go because he didn’t want to be removed and that he would lose his pension. The victim’s father tried several times to set up a meeting with the Bishop to discuss the sexual abuse, but he claims it never worked out. The Diocesan files received pursuant to subpoena contained no information on any of these victim’s statuses or if any of them were offered counseling. The grand jury investigation found no documentation that the Diocese of Erie notified local law enforcement or the District Attorney’s office about Nealen’ s long history of sexually abusing numerous young boys. Jan Olowin Where he served: 1966: Jesuit Missions, Juliaca, Peru 1967: Migrant Ministry, Erie, PA 6/16/1968 – 9/02/1970: St. Patrick, Erie, PA 6/16/1968 – 9/02/1970: Faculty, Cathedral Preparatory, Erie, PA 9/02/1970 – 3/09/1984: St. Patrick, Erie, PA 8/16/1971 – 1/31/1983: Chaplain, Soldiers and Sailors Home 3/09/1984 – 8/25/1986: St. Adalbert, Sharon, PA 8/25/1986 – 11/07/1992: St. Joseph, Oil City, PA 11/07/1992 – 6/28/1998: St. George, Erie, PA 6/28/1998 – 12/21/1998: Sabbatical, American College of Louvain 12/21/1998 – 6/05/1999: St. Joseph, Sharon, PA 6/06/1999 – 12/31/2007: Chaplain, FCI McKean, Bradford, PA 1/01/2008 – 8/21/2008: Sabbatical 8/22/2008 – 8/31/2012: St. Michael, Emlenton, PA 8/22/2008 – 8/31/2012: Chaplain, Clarion University of Pennsylvania, Clarion, PA 10/21/2016 – 11/04/2016: Temporary Parochial Administrator, St. Elizabeth Seton, Sun City, AZ Summary: The Diocese of Erie personnel file for Father Jan Olowin contained a document entitled “Summary of Phone Conversation.” One of Olowin’s three known victims said he was disillusioned with the Church when Olowin was appointed pastor of St. George. On November 4, 2016, Bishop Lawrence Persico wrote a letter to Olowin, now retired in Peoria, Arizona, indicating that he had learned of an allegation of clerical misconduct made several decades ago against Olowin. Persico’ s letter did not mention details, but it referenced a phone call that Persico and Olowin had the day before. The grand jury can infer that Persico outlined Olowin’s offenses in this call and articulated the reason for the letter in greater detail. This letter officially restricted Olowin from public exercise of all priestly ministry until further notice. Andrew Pawlaczyk Where he served: 6/09/1962 – 1971: Faculty, Cathedral Preparatory, Erie PA 1/22/1971 – 1976: Chaplain, United States Army 8 /1976 – 1978: Chaplain, Hamot Medical Center, Erie PA 5/01/1978 – 1982: Chaplain, Unites States Army Summary: In a letter dated April 20, 2011 and addressed to Bishop Trautman, a victim reported abuse by Father Andrew Pawlaczyk. On one occasion, they went swimming without bathing suits. After swimming they went back to the cottage. Pawlaczyk took the victim into the bedroom and told him that he was going to give him a massage. The victim was face down on the bed with no clothes on. Pawlaczyk then sat on the victim’s buttocks, wearing no clothes, while he massaged him. Then they reversed roles. After they were done, the victim found ejaculate in the bed which was not from him. This happened on other “trips” the two took together. The Grand Jury did not find any documentation that indicated that the Diocese ever reported the case to local law enforcement. Additionally, there is no indication that the Diocese offered any counselling to the victim. John A. Piatkowski Where he served: 11/11/1935-5/21/1948: St. Stanislaus Koska, Erie/Tyler, PA 5/22/1948-11/16/1970: Assumption, Sykesville, PA Summary: In a letter dated March 16, 1955 and addressed to the Bishop of Erie, a victim reported abuse by Father John A. Piatkowski. He advised that at the age of 12, he became an altar boy. During his time as an altar boy, Piatkowski began to kiss the victim and tell him that he loved him. He took the victim for rides and to the movies. It was during this time that Piatkowski would play with the victim’s penis until he had an orgasm. On numerous other occasions, Piatkowski committed similar abuse on the victim in the church basement and in the parish house where Piatkowski lived. The victim related that while he felt that the entire situation did not seem right, he was afraid to tell his parents for fear that they would not have believed him. David L. Poulson Where he served: 7/05/1979 – 6/09/1982: Faculty, Bradford Central Christian High School, Bradford, PA; Weekend Education, St. Francis of Assisi, Bradford, PA 6/09/1982 – 8/24/1997: Faculty, Gannon University 6/01/1991 – 8/24/1997: Director, Parochial Administrator Gannon University 8/24/1997 – 12/03/1997: Administrator, St. Francis of Assisi, Clearfield, PA 12/03/1997 – 6/06/2000: Pastor, St. Agnes, Morrisdale, PA 6/06/2000 – 7/24/2001: Sp. Ministries, Clarion University/Catholic Chaplain 6/07/2000 – 6/30/2006: Pastor, St. Michael, Fryburg, PA 8/08/2000: Chaplain, Dio. Div. of World Apostolate of Fatima 7/01/2006 – 11/08/2010: Pastor, St Michael (2nd 6 year term), Fryburg, PA 11/08/2010 – 11/08/2016: Pastor, St. Anthony of Padua 11/08/2010 – 11/08/2016: Pastor, St. Bernadette, Cambridge Springs, PA 1/13/2012 – 9/11/2014: Dean, Meadville Deanery, Complete term of Father O’Hern 11/01/2013 – 10/31/2018\*: Other, Bishop’s Delegate to Mass in the Extraordinary 11/29/2013 – 11/28/2018\*: Other, Diocesan Liaison to the Catholic Charismatic Renewal 9/12/2014 – 9/11/2019\*: Dean, Meadville Deanery 9/12/2014 – 9/11/2019\*: Diocesan Board, Presbyteral Council, Erie, PA Details regarding his allegations were not provided. William Presley Where he served: 05/1956-06/1965: St. Cosmas and Damian, Punxsutawney 06/1965-08/1970: Elk County Christian High School, St. Marys 05/1971-08/1971: Immaculate Conception, Brookville 05/1972-08/1971: Our Lady Queen of the Americas, Conneaut Lake 08/1970-06/1976: Leave of Absence, Graduate and Student Counselor, Notre Dame, Indiana 06/1976-06/1977: Leave of Absence, St. Joseph University, Philadelphia 06/1977 – 06/1978: Leave of Absence, Campus Minister, University of Maryland, Baltimore, Maryland 06/1978-08/1981: St. Therese, Shinglehouse 06/1971-08/1981: Sacred Heart Mission, Genesee 08/1981-03/1983: Leave of Absence, Parish Ministry in Raleigh, North Carolina 03/1983-03/1988: St. Agnes, Morrisdale (three separate assignments) 03/1988-04/1990: Leave of Absence, Outside the Diocese 04/1990-07/2000: Assumption of the Blessed Virgin Mary, Sykesville (three separate assignments) 07/2000: Retired in Lancaster (Diocese of Harrisburg) Summary: The Diocese of Erie was first aware of Father William Presley’s sexual abuses as early as November 1987, during his assignment as Pastor of St. Agnes. These sexual abuses, as reported to the Diocese, involved two victims and spanned nearly sixteen years. One of the victims had been abused as recently as 1986. The second victim was abused prior to 1971 when he was a high school student in another parish. Following an evaluation in April 1990, Murphy placed Presley in a temporary assignment. That assignment was made permanent in June 1990. Shortly thereafter, Trautman allowed Presley to remain in his position as Pastor and Administrator at the Assumption of the Blessed Virgin Mary Church in Sykesville, Jefferson County. One of the victims was as young as 13 years old when it occurred. The abuse of these individuals consisted of “choking, slapping, punching, rape, sodomy, fellatio, anal intercourse,” and other acts according to Diocesan records reviewed by the Grand Jury. On April 18, 2002, Trautman contacted Presley by telephone. Trautman recorded that, during that call, Presley admitted the sexual abuse of the victims. Trautman revoked Presley’s priestly faculties later that year. In April 2003, and in response to media inquiries about Presley, the Diocese of Erie issued a press release stating, among other things, that Presley’s priestly faculties were removed in July 2002 shortly after the allegations prompted the Diocese to conduct an internal investigation. John Philip Schanz Where he served: 6/05/1950 – 09/01/1950: Temporary Parochial Administrator; St. Elizabeth, Smethport, PA 9/01/1950 – 10/01/1996: Faculty; Professor of Theology, Gannon University, Erie, PA 9/01/1950 – 10/01/1996: Weekend Assistant, Holy Cross, Fairview, PA 6/13/1960 – 10/01/1996: Regional Director of the College Branch Of the Confraternity of Christian Doctrine Gannon College, Mercyhurst College & Villa Maria College 4/06/1962: Examiner of Junior Clergy of the Diocese of Erie 3/08/1967: Appointed as Advocate of the Tribunal of the Diocese of Erie 5/14/1969: Advocate of the Tribunal of the Diocese of Erie 10/01/1996-4/17/2002: Retires from Gannon University to private residence 4/17/2002: Withdraws from Priestly Ministry and removed of any faculties 4/16/2010: Deceased Summary: Based on information provided by the Diocese of Erie, a victim wrote a letter to Bishop Donald Trautman that was postmarked April 11, 2002. In the letter, the victim detailed an assault which occurred in 1969 or 1970 when he was going into seventh or eighth grade and was an altar boy at St. Andrew and The Villa. According to the victim, he met John Philip Schanz,who invited him to his apartment on the southwest corner of 6th and Sassafras Street. Schanz began to wrestle the boy and grab his body. When the victim asked his older brother, who was a Gannon College student at the time, if he knew of Schanz, his brother began to laugh and remarked “you mean the one who likes little boys?” After addressing the incident, the Diocese reimbursed the victim $32,000 for his counseling. Another victim came forward years later, writing the diocese a letter from prison. He said that while attending a Gannon University Basketball game, Schanz approached him and asked him to attend each game. The victim did and after each game was instructed to go to Schanz’s rectory where they would drink and wrestle. The victim was 12 or 13 years of age at the time. The victim went on to note that he was writing the letter from prison. He stated that he was incarcerated as a result of crimes that he had committed under the influence of drugs and alcohol. He attributed his substance abuse problem to the sexual abuse that he had endured at the hands of Schanz years prior. The victim sought acknowledgement from the church that they had received the letter and expressed a desire to know if Schanz was still alive and whether or not he was still victimizing individuals. The bishop responded to the letter telling him Schanz was no longer practicing the sacrament and was in frail health. Samuel B. Slocum Where he served: 6/0519/80 – 8/12/1983: Secondary Education, DuBois C.C. High School, DuBois, PA 6/05/1980 – 8/12/1983: Weekend Asst. St. Michael, DuBois, PA 8/12/1983 – 6/14/1985: Secondary Education, Elk Co. Catholic St. Mary’s, PA 8/12/1983 – 6/14/1985: Resident at Faculty House, Elk Co. Catholic School, St Mary’s, PA 11/15/1984 – 6/14/1985: Resident at Holy Rosary, Johnsonburg, PA 1/05/1985 – 6/14/1985: Administrator, St. Benedict, Ridgway, PA 6/14/1985 – 8/07/1989: Secondary Education, Erie Cathedral Preparatory, Erie, PA; 6/14/1985 – 8/07/1989:Weekend Asst. Holy Trinity, Erie, PA Secondary Education, Bradford Central Christian High School, Bradford, PA 8/07/1989 – 11/19/1990: Secondary Education, Bradford Central Christian High School, Bradford, PA 8/07/1989 – 11/01/1994: Weekend Asst., St. Bernard, Eldred, PA 11/19/1990 – 11/01/1994: Administrator, St. Bernard, Eldred, PA 11/01/1994 – 11/03/1997: Administrator, St. Bernard, Eldred, PA 11/01/1994 – 8/01/1995: Secondary Education, Bradford Central Christian High School, Bradford, PA 8/01/1995 – 12/15/1997: Sick Leave 1/26/1997 – 6/30/1999: Administrator, St. Theresa Shinglehouse 11/0319/97 – 7/31/2001: Pastor with residence, St. Raphael, Eldred, PA 8/01/2001 – 4/01/2011:Pastor with residence, Our Mother of Perpetual Help, Ephrata, PA 8/01/2001-4/01/2011: Pastor, St. Francis of Assisi 4/01/2011: Leave of Absence/Suspension Summary: Father Samuel B. Slocum testified before the Grand Jury on September 14, 2017, detailing his days as a priest in the Diocese of Erie. In 2012, a jury found him guilty of the crimes of concealment of the whereabouts of a child and corruption of minors. Slocum testified that in 1980 he had been reported to Monsignor Heberlein by a fellow priest for an alleged inappropriate relationship with a fourteen -year-old girl. Slocum testified that Heberlein and then -Bishop Michael Murphy knew about his relationship with the young girl, but did nothing about it. In this same year, Slocum also recalled having a relationship with a sixteen-year-old boy. He testified that he would not call his relationships with these children. Thomas Smith Where he served: 06/16/1967-08/15/1967: Our Lady of Peace, Erie 09/15/1967-06/03/1970: Sacred Heart, Erie 06/03/1970-02/12/1971: St. Patrick, Franklin 02/12/1971-07/16/1972: Notre Dame, Hermitage 07/16/1972-06/23/1978: St John the Baptist, Erie 06/23/1978-06/01/1981: St. Cosmas and St. Damian, Punxsutawney 06/01/1981-10/23/1984: St. Mary of the Assumption, Frenchville 02/01/1984-10/01/1984: Health Leave 03/08/1984 03/08/1989: Presbyterian Council, Erie 10/23/1984-02/05/1985: St. Joseph, DuBois 02/05/1985-03/12/1985: St. Hippolyte, Guys Mills 08/08/1985-09/16/1985: St. Joseph, Mt. Jewett 09/16/1985-12/12/1986: St. Teresa, Union City 12/12/1986-04/22/1987: Health Leave, Girard, Ecclesia Center 04/22/1987-11/30/1987: Health Leave, Suitland, Maryland, St. Luke’s Institute 12/01/1987 09/01/1992: St. Joseph, Warren 09/01/1992 05/01/1994: Holy Rosary, Erie 05/01/1994: Pleasant Ridge Manor, East Mercy Motherhouse 05/01/1994: Sisters of Mercy Motherhouse, Erie 05/01/1994: St. Patrick’s, Erie, St. Hedwig Cluster Summary: Bishop Michael Murphy was first told of child sexual abuse perpetrated by Smith against a 17 -year -old boy in January 1984 while at Saint Mary’s. Smith resigned on January 20, 1984. Secret Diocesan records obtained by the Grand Jury pursuant to a subpoena showed that, while in treatment, Smith admitted to sexually molesting at least fifteen children. Smith stated that all of his victims were boys, some as young as seven. Smith had raped them anally and orally. This information was provided to Murphy in November 1987. That same month, Smith was discharged from the facility. In spite of Smith’s confession to sexually violating at least fifteen prepubescent boys, Murphy assigned Smith to the parish of Saint Joseph’s in Warren on December 7, 1987. Approximately three months later, in March 1988, Father Glenn Whitman wrote a letter to Smith and advised him of recent conduct that placed him in violation of his aftercare agreement with St. Luke’s Institute. Regardless, Smith continued in ministry at Saint Joseph’s. Thomas Snyderwine Where he served: 6/05/1968 – 6/03/1971: Weekend Asst., St. Michael, DuBois, PA 6/05/1968 – 6/03/1971: Faculty, DuBois Central Catholic, DuBois, PA 1/01/1970 – 6/01/1970: Administrator, St. Joseph, DuBois, PA 6/03/1971 – 6/05/1976: Faculty, Erie Cathedral Preparatory, Erie, PA 6/03/1971 – 5/31/1974: Weekend Asst., St. Boniface, Erie, PA 5/31/1974 – 6/05/1976: Weekend Asst., St. Patrick’s School, Erie, PA 6/05/1976 – 9/01/1979: Parochial Vicar, St. Patrick’s, Erie, PA 9/01/1979 – 8/17/1992: Weekend Asst., St. George, Erie, PA 9/01/1979 – 8/17/1992: Higher Education, Gannon University, Erie PA 8/17/1992 – 9/05/1997: Pastor, St Paul, Erie, PA 9/05/1997 – 8/10/2012: Pastor, St. Luke’s, Erie, PA 9/01/2009 – 8/10/2014: Diocesan Presbyterian Council, Erie, PA 8/10/2012: Retired, Private residence 10/14/2013 – 10/13/2018: Other. Sr. Priest Advocate 9/12/2014 – 9/11/2019: Diocesan Board. Presbyterian Council, Erie, PA Summary: Sometime in 1996, a young fifth grade girl came to talk with Sister Steff at St. Boniface school. The child was a student of Steff’s. Steff also served as the principal at the school. The girl approached her with her friends because she had disturbing news to report. The young girl told Steff that her godfather, Monsignor Thomas Snyderwine, had taken a shower with her and touched her in ways that she was uncomfortable with. The child reported that this incident occurred five years prior when she stayed overnight at Snyderwine’ s trailer. John Tome Where he served: 9/03/1963 – 5/31/1967: St. Marks’s Seminary High School, Erie PA Unknown -5/14/1974: St. Mark’s Major Seminary, Erie, PA Summary: The Grand Jury heard testimony from and about five members of the same family that Tome had abused in the 1970s. The survivors reported that they were poor, dysfunctional, and dependent upon the diocese for their mother’s employment at St. Brigid parish. Furthermore, the parents were befriended by the abusers and the family would often invite them over to engage in drinking parties. Each of the victims testified to the Grand Jury about similar statements that their abuser made to threaten them if they ever disclosed the abuse. The victims from the family were ages 12 years old and younger. Patrick Vallimont No further details were listed. Summary: In a letter to the Vatican dated July 7, 1977, Vallimont requested laicization. He disclosed in that document that he had serious doubts about living a life of celibacy. His file noted that he had short sexual relationship with a 13 -year-old female parishioner. The Grand Jury found little to no documentation of this relationship in the subpoenaed files received from the Diocese. Vallimont ended the relationship with the 13 -year -old victim when he was released from a treatment facility. There were no documents found in the file that indicate that the case was ever turned over to law enforcement. Redacted – pending litigation The name of the priest, where he served and the exact incident was entirely redacted in the grand jury report. Diocese of Greensburg Father Dennis Dellamalva 6/03/1975: Mt. St. Peter, New Kensington, PA 8/17/1977: Mother of Sorrows, Murrysville, PA 5/25/1982: Holy Family, Latrobe, PA 10/01/1983: Leave of Absence Summary: During his short tenure with the Diocese of Greensburg, numerous allegations were made against Dellamalva: In 1981 and 1982, two adolescent boys said they were sexually assaulted by Dellamalva both in the boys’ home and on trips Dellamalva was invited. It would start with massages to their necks and backs before working their way to the buttocks and fondling their genitals. In the same time, a boy who was friends with the brothers said Dellamalva engaged in the same sexual behavior with the third victim as he did with the brothers. A fourth victim said that while he was an altar boy at Mother of Sorrows, he “had the misfortune of attending an annual mountain ‘retreat’” when he was in grades nine through 12. A fifth victim said Dellamalva made him lay on the rectory floor with him and removed the victim’s pants and t-shirt. Dellamalva told the victim to close his eyes and meditate, at which point he performed oral sex on him. Father Greg Flohr 6/3/1964 – 6/24/1968: All Saints, Masontown, PA 6/25/1968 – 6/10/1971: Immaculate Conception, Irwin, PA 6/11/1971 – 6/2/1975: Seton Hill College, Greensburg, PA 6/3/1975 – 8/20/1975: Holy Cross, Iselin, PA 8/21/1975 – 1/28/1981: St. Anthony, Clymer, PA 1/30/1981 – 1/14/1985: St. Mary, Yatesboro & its Mission, St. Gabriel, Nu Mine, PA 1/15/1985 – 1/2/1992: St. Cecilia, Grindstone, PA 1/3/1992 – 1/29/1996: Holy Rosary, Republic, PA 1/30/1996 – 1/2002: St. Matthew, Saltsburg, PA Summary: Flohr was the leader of the Junior Altar Boys Association, and allegedly touched the victim’s genitals for the first time in 1967. The abuse continued into kissing and oral sex. In November 1969, Flohr allegedly took the victim into the confessional of the Immaculate Conception church and began kissing him and tied him up with a rope. The victim began to scream, so Flohr tried to silence him with oral sex. When the victim refused, “the priest allegedly became angry and sodomized the victim with a crucifix approximately 7” x 5” x 1”. Father Charles B. Guth 7/1924-4/1925: St. Peter, N.S., Pittsburgh, PA 4/1925-3/1926: St. Andrew, N.S., Pittsburgh, PA 3/1926-8/1928: St. Joseph, Braddock, PA 8/1928-1/1929: St. Bernard, Dormont, PA 1/1929-1/1932: St. Ambrose, N.S. Pittsburgh, PA 1/1932-7/1932: St. Wendelin, Carrick, PA 7/1932-5/1935: Presentation, Midland, PA 5/1935-6/1935: St. Mary, McKees Rocks, PA 6/1935-10/1942: St. James, W. E. Pittsburgh, PA 10/1942-8/1944: St. Mary, Parkers Landing and Mission, St. James, Petrolia, PA 8/1944-11/1962: Holy Family, West Newton, PA 11/1962-5/1973: St. Mary, Kittanning, PA 5/1973: Retired, Residing at St. Mary, Kittanning, PA 8/1982: St. Anne’s Home for the elderly, Greensburg, PA (Resident) Summary: In July 2005, a victim sent an email regarding abuse suffered by Guth when he was seven years old. After a Sunday school teacher told the victim that missing mass could make you die, he became concerned for his mother who had missed mass. The child ran to the rectory to plead the case for his mother, and began sobbing and “pleading for his mother’s soul.” Guth started speaking of secret confessions and penance, and began pulling the victim’s pants down. He then fondled him, stuck his finger up the victim’s anus. Guth then spoke Latin, and was instructed to pull up his pants when he was done. Guth told the victim that if he told anyone about the secret penance, not only would his mother go to hell, but he (the victim) would burn with her.” Father Francis Lesniak 8/12/1943 -2/27/1946: St. Monica, Wampum and St. Theresa, Hoytdale, PA 2/28/1946 -2/10/1953: St. Mary, New Kensignton, PA 2/11/1953 -5/14/1953: St. Bernard, Indiana, PA 5/15/1953 -8/3/1954: Transfiguration Church, Mount Pleasant, PA 8/4/1954 -4/3/1956: St. Mary, New Kensington, PA 4/4/1956 -9/7/1960: St. Michael, Glen Campbell and SS Peter & Paul, Arcadia, PA 9/8/1960 -8/31/1965: St. Stanislaus, Calmut, PA 9/1/1965 -6/26/1969: St. Anne, Fellsburg and Holy Cross, Webster, PA 6/27/1969 -5/24/1976: Seven Dolors, Yukon, PA 5/25/1976 -8/1987: St. Francis de Paul, Ford City, PA Summary: The diocese first received a sexual abuse allegation on Lesniak in 2004. The victim said in 1977, Lesniak touched his genitals in a church rectory. During an incident, Lesniak invited him to stay for an “overnight social for the altar boys” and when he arrived at the rectory, he realized he was the only boy to attend. When the victim initially informed his mother about what happened, she did not believe him. In 2004, a second victim said he was fondled while on the verge of falling asleep on the rectory couch. A third victim approached the diocese in 2005 and alleged that in 1965 and 66, Lesniak fondled his genitals while at the rectory and in the pool. In 2007, a fourth victim reported he was sexually abused from 1983 through 1987 or 1988, starting when he was eight years old after his first Holy Communion picnic. Lesniak forced the victim to perform oral sex on him. When the victim became an altar boy, Lesniak told him that altar boys needed to go to confession before every mass they served. Instead of going to a confessional, they went to the back room of the church where “Father Lesniak would listen to his sins and indicated to him that if he was not too bad, he would ‘get to suck on a strawberry lollipop or popcicle.” After confession, Lesniak would expose his penis and tell him it was his “strawberry lollipop.” The scenario occurred dozens of times. Father Raymond Lukac No further information is listed in the report. Father Henry J. Marcinek 7/1956-7/1957: Holy Name, Monessen, PA 7/1957-8/1958: SS Cyril & Methodius, Fairchance, PA 8/1958-6/1960: Holy Trinity, Ford City, PA 6/1960-8/1965: Holy Rosary Church, Republic, PA 8/1965-6/1967: St. Mary Church, Uniontown, PA 6/1967-6/1970: St. Elizabeth Church, Starford, PA & Sacred Heart, Dixonville, PA 6/1970-5/1973: Holy Rosary Church, Republic, PA 5/1973-1/1982: Holy Cross, Youngwood and St. Gilbert Church, Hunker, PA 1/1982-1/1985: St. Pius X, Mt. Pleasant, PA Summary: In November 2007, a 45-year-old man sent a letter to a parish saying he was sexually assaulted by Marcinek, starting when the victim was 10 in 1972 and until the early 1980s. Marcinek would have oral sex with him after the victim, an altar server, would carry firewood to the rectory. Marcinek allegedly exploited the trust of the family, and often shared a bed with the victim. They stayed in a hotel room together and Marcinek sexually abused him on trips to Sea World and Geauga Lake amusement park in Ohio. Marcinek often bestowed gifts and money upon him, including a car registered in Marcinek’s name. The victim worried that he may have targed his brother, as the victim overheard him say that “Father Henry kissed me on the lips and he kissed me real hard.” Greensburg Priest #1 Where he served: Omitted Summary: In 1962, Bishop William Connare wrote a memorandum regarding allegations involving a priest then serving in the Diocese of Greensburg an unnamed victim who was a seminarian. In the note, Connare expressed that he “sincerely hopes that we can contain the whole matter within this circle,” and did not reassign the accused priest out of fear that “too many would connect the two incidents, the dismissal of the seminarian and the removal of the priest.” Connare expressed concern that the victim’s family would find out, and asked everyone “in the circle” to keep an eye on the priest and send him to a treatment facility where the church would send priests known to have engaged in sexual abuse. Father Robert Moslener Further details were not released in the report. Father Fabian G. Oris 8/27/1942 – 5/14/1953: St. Mary, Brownsville, PA 5/15/1953 – 1/31/1955: St. Bernard, Indiana, PA 2/1/1955 – 3/21/1962: St. Hedwig, Smock, PA 3/22/1962 – 6/10/1971: St. Florian, United, PA 6/11/1971 – 5/2/1973: Holy Rosary, Republic, PA 5/2/1973 – 2/10/1990: St. Mary, Uniontown, PA Summary: In 2002, a woman said Oris sexually abused her, beginning when she was around four or five years. The victim said Oris fondled and performed oral sex on her while they shared the same bed in St. Hedwig’s rectory. Their relationship was close enough that other children in her class would tease her that she was sleeping with a priest. The abuse continued after he was transferred to St. Florian in United, when he told her, “I want to make you my woman.” Oris also sexually abused her older sister from when the older sister was in the third or fourth grade, and continued until she was in fifth grade. The diocese notified Oris of the accusation, and although he did not recall the details, he apologized. He said, “I never thought that it would come to this, but young girls are pretty and they throw themselves at you, you say things and do things I guess I never meant to hurt anybody. Their mother knew, but never said anything. I asked if she knew that he sexually abused them and she said no, but she knew that they came to the rectory to sleep overnight.” Edmond A. Parrakow Further details were not released in the report. Father George R. Pierce 6/23/1959 – 12/8/1960: St. Mary, Freeport, PA 12/9/1960 – 2/13/1963: All Saints, Masontown, PA 2/14/1963 – 6/12/1966: Immaculate Conception, Connellsville, PA 6/13/1966 – 6/19/1967: St. Mary and Holy Trinity, Ford City, PA 6/20/1967 – 6/24/1968: Immaculate Conception, Irwin, PA 6/25/1968 – 6/7/1972: St. Gertrude, McIntyre and its mission St. Anthony, Aultman, PA 6/7/1972 – 6/4/1985: Holy Family, Seward and its missions: St. Mary, Bolivar and St. Mary, Florence, PA 6/4/1985 – 6/20/1995: Our Lady of Perpetual Help, Leckrone, PA 6/20/1995 – 5/14/1997: St. James, Maxwell, PA 5/14/1997: Leave of Absence 8/1998: Retired Summary: In 1997, the diocese received an allegation of sexual abuse against Pierce, stating the abuse began when the victim was 12 in 1968, and continued until she was about 20. The victim worked at the rectory at St. Gertrude. The woman said an average night with Pierce included dinner and alcoholic drinks followed by sexual intercourse. The victim she felt she had a legitimate romantic relationship with Pierce, and was jealous of another female from Jeannette with whom Pierce had a sexual relationship with. A diocesan file revealed Bishop William Connare knew about inappropriate behavior between Pierce and a young woman as early as 1972. Pierce was instructed not to hire “a teenage woman from his former parish as housekeeper,” but no further action was taken. Pierce acknowledged having an inappropriate relationship with the victim, but denied sexual intercourse with her. Rather, he contended they only engaged in mutual masturbation. Pierce said further he was in love with the victim. Father Gregory F. Premoshis 6/25/1968: St. Paul, Greensburg, PA 6/27/1969: Religion Teacher, Greensburg Catholic High School; Residence at St. Paul 6/9/1980: Religion Teacher, Geibel High School, Connellsville, PA; Residence at Immaculate Conception, Connellsville, PA 7/15/1986: Religion Teacher, Geibel High School, Connellsville, PA; Residence at St. Rita, Connellsville, PA 10/12/1987: Visitation Church, Mt. Pleasant, PA 7/7/1998: President of Geibel Catholic High School, Connellsville; Residence, St. Stanislaus, Calumet, PA 3/19/2002: Administrative Leave 8/2002: Retired Summary: In 2002, a victim said Premoshis sexually abused him from 1980 to 1982 when he was about 16 or 17 years old. The victim reported that he spend many evenings at the Immaculate Conception rectory, during which he and Premoshis would engage in “rough-housing” including Premoshis fondling and wrestling with the victim while Premoshis was in his underwear. Ultimately, the victim started staying overnight at the rectory and slept in the same bed as Premoshis. One morning, the victim awoke with “cream” on him, which he later realized was semen. After he was confronted by a Bishop’s representative on March 18,2 002, Premoshis admitted to giving gifts, buying dinner and supplying him with alcohol. He admitted to the wrestling, and said he did become slightly aroused while doing so. He said he also slept in the same bed with the victim on multiple occasions, but denied ejaculating on the victim. He, however, said he “may have had a ‘wet dream’ while they were sleeping in the same bed.” Father Thomas W. Rogers 1953: St. Edward, Herminie, PA 1953 – 1954: St. Mary, Freeport, PA 1954 -1955: Immaculate Conception, Connellsville, PA 6/29/1955 – 7/4/1956: Immaculate Conception, Irwin, PA 7/5/1956 – 7/7/1958: SS Simon and Jude, Blairsville, PA 7/8/1958 – 1960: St. John the Baptist, Scottdale, PA 1/6/1961: Incardinated in the Diocese of Greensburg, PA 6/3/1965 – 6/24/1968: St. Anthony, Clymer, PA 6/25/1968 – 8/7/1972: St. Charles Borromeo, Suatersville, PA 8/8/1972 – 2/18/1981: St. Mary, Ford City, PA 2/19/1981 – 1/21/1991: Seven Dolars, Yukon, PA 1/22/1992 – 11/4/1998: St. Anne, Rostraver, Pa. 11/4/1998: Retired Summary: In August 1962, A New York Monsignor wrote Bishop William Connare regarding an incident where Rogers allegedly attempted to sexually assault a boy while he was hitch-hiking near Saranac Lake. The police determined that the vehicle involved in the incident was traced back to Rodgers. Two additional witnesses were willing to testify to seeing the boy with Rogers. The monsignor said, “knowing that a priest might be involved, the police did not wish to follow their usual procedures.” The boy’s father, who described himself as a “good Catholic” agreed not to pursue charges so long as there was an admission of guilt bu Rodgers and he left down. Connare expressed concern about Rogers returning to the Saranac Lake area, but, ultimately driven by a perceived need to “proceed cautiously to protect (Rogers’) reputation, no further action was taken. Father Leonard Sanesi 6/16/1953 – 6/21/1955: St. Rita, Connellsville, PA 6/22/1955 – 7/7/1958: St. Cajetan, Monesson, PA 7/8/1958 – 1/15/1962: Immaculate Conception, Irwin, PA 1/16/1962 – 6/12/1966: St. Joseph Minor Seminary, Greensburg, PA 6/13/1966 – 5/28/1974: Holy Family, West Newton, PA 5/29/1974 – 8/22/1983: Immaculate Conception, Irwin, PA 8/23/1983 – 6/17/1990: Mount St. Peter, New Kensington, PA 6/18/1990 – 1/10/1992: All Saints, Arnold, PA Summary: In 2002, a victim wrote a letter to the diocese that when Sanesi served St. Joseph Minor Seminary school in the early 1960s, Sanesi repeatedly sexually abused him. The victim suffered from psoriasis, and Sanesi suggested that the victim would be more comfortable in his private quarters. Sanesi helped apply his lotions, but Sanesi’s contact continued to fondling the victim’s genitals. It was a “nightly occurance,” according to the report. Bishop Anthony Bosco wrote the victim and apologized for Sanesi’s abuse, but no response was received. The victim’s complaint was forwarded to the Westmoreland County District Attorney’s Office, but because Sanesi had been deceased for a decade at the time the abuse was reported, no action was taken. In 2013, a second victim said Sanesi sexually abused him at St. Joseph Hall beginning in 1962. The second victim alleged that Sanesi came into his dormitory room on two or three occasions and attempted to fondle his genitals and masturbate him. Father Roger A. Sinclair 1974 – 1977: Immaculate Conception, Connellsville, PA 1977 – 1979: Holy Family, Latrobe, PA 1979 – 1980: St. Therese, Uniontown, PA 1980 – 1983: St. Mary, Kittanning, PA 1983 – 1984: Sick Leave 1984 – 2002: Released to the Archdiocese of Military SDuring several incidents ervices 3/7/2002: Facilities Revoked 4/12/2002: Removed from the Archdiocese of Military Services Summary: In May 1981, two mothers wrote letters to Bishop Norbert Gaughan saying Sinclair abused their two sons when they were about 14 years old. In Sept. 1980, Sinclair visited the one victim’s father for a drink late one night. After the father went to bed, Sinclair proceeded to chase the victims around the room attempting to “shake hands” with them. Each time Sinclair shook hands with one of the boys, however, he pushed their hands towards their genitals. In a May 1981 letter, one of the mothers reported the incident to Father Thomas Bertolina, but Bertolina failed to address the situation and “wanted to keep it all hush-hush and swept under the rug. In March 1982, Gaughan stated in a letter that “a number of people were after us to see that Father Roger Sinclar was transferred.” According to Connare, Sinclair made it clear that he wanted to stay in his present assignment and to “work through his problems. Connare permitted Sinclair to remain at St. Mary at that time. From June 1983 to June 1984, Sinclair was placed on sick leave and he received therapy for “emotional problems.” He applied for a chaplaincy with the Air Force, with Connare stating that Sinclair was a “priest in good standing.” In November 1991, the Topeka State Hospital reported that Sinclair “managed to gain access ot a locked unit deceitfully” and attempted to check out teenage boys from the hospital to go see a movie on two separate occasions. He was dismissed from the hospital. A third victim came forward and made a complaint in February 2002. During several incidents in the late 1970s, Sinclair would often ticle the boy, but did not sexually abuse him at that time. During an overnight stay for a convention in 1978 or 1979, Sinclair reportedly slept in the same bed as the victim with only his underwear on. Sinclair kept trying to get closer to him during the night. On the second night, Sinclair did not wear any clothing to bed. In 2002, a fourth victim reported via telephone call that he was sexually abused by Sinclair in 1979. According to diocesan files, the event happened in the sacristy of the church after serving mass. It was interrupted by an older couple that walked into the sacristy. Reverend Joseph L. Sredzinski 1970-1972: St. Margaret Mary, Lower Burrell PA 1972-1974: Holy Rosary, Republic, PA 1974-1979: St. Mary Czestochowa, New Kensington, PA 1979-1984: St. Peter, Brownsville, PA 06/05/1984-06/05/1989: St. Stanislaus, Calumet, PA 09/1989-12/1989: Theological Studies, North American College, Rome 06/05/1989-1999: St. Joseph, Everson, PA 06/18/1999-07/05/2007: St. Hubert, Point Marion, PA 7/05/2007-04/01/2009: St. Emma’ s Monastery, Greensburg, PA 7/05/2007-04/24/2009: SCI Greensburg, Greensburg, PA 7/05/2007-8/18/2010: Chaplain, Westmoreland Manor Nursing Home, Greensburg, PA 8/18/2010-/2014: Sacred Heart Church, Jeannette, PA Summary: In May 1991, a meeting was held between Father Roger Statnick and Everson Mayor Tim Shoemaker after a local police offer discovered Sredzinski parked in a cemetery at night with a young boy. When questioned by the officer, Sredzinski said nothing was wrong and that he was merely talking to the boy about some problems. Another witness told the diocese that she had seen Sredzinski alone in an alley with the young boy around 2 a.m.. The boy was identified as one of three boys Sredzinski was, according to the community, too-often seen with. Later that month, Statnick confronted Sredinski with the information the mayor told him. Sredzinski told Statnick what he told the officer – nothing was wrong, and he was speaking to the boy about problems. He denied spending too much time with the boys in the community, that various kids came to the rectory at night because they felt comfortable there. Statnick instructed Sredzinski that he was to have no further contact with young people outside of business hours. Several handwritten notes in Sredzinski’s file indicate Sredzinski had “roaming hands” while he and a victim were simming, and had an erection while swimming. The victim, after telling his parents, told Sredzinski to stay away from their son. Father John T. Sweeney 1970-1975: Holy Family, Latrobe, PA 1975-1980: Blessed Sacrament Cathedral, Greensburg, PA 1980-1982: St. Hedwig, Smock, PA 1982-1985: St. Mary, Freeport, PA 1985-1998: St. Margaret Mary, Lower Burrell, PA 1998-2008: St. James, Apollo, PA 2008-2016: Holy Family, West Newton, PA 12/31/2016: Retired Summary: In 2016, Lower Burrell Police Department received an anonymous report of child abuse against Sweeney. The victim, who was 35 at the time of the report, said he was 10 years old when the first assault started. He stated that while in fourth grade at St. Margaret Mary, he had been sent to the principal because of Misbehavior. He was then sent to see Sweeney. Sweeney threatened the victim and told him he would not do so if the victim performed oral sex on him, which he did. Sweeney is presently awaiting trial in the Westmoreland County Court of Common Pleas. Reverend Joseph Anthony Tamikowski 6/1954-7/1956: Transfiguration, Mt. Pleasant, PA 7/1956-2/1959: St Mary, New Kensington, PA 2/1959-12/1960: St. Hyacinth, Monessen, PA 12/1960-6/1967: Assumption in Leechburg, and the Mission of St. Mary Church, Schenley, PA 6/1967-11/1971: Holy Spirit, Fayette City, PA 12//1971 -Unknown: St. Barbara, Harrison City, PA 8/1977-5/1984: St. Hyacinth, Monessen, PA 5/1984-4/1994: St. Joseph, Uniontown, PA 4/1994: Retired Summary: In April 2002, a victim came forward and said while an altar boy at Assumption in Leechburg, he was inappropriately touched by Tamilowski The victim reported that on a few occasions, Tamilowski pushed him in the corner and grabbed him in the crotch area. Tamilowski reportedly said even if he told his parents what he had done, they would not believe him. “Many years” prior to making the report, the victim told the office manager for the diocese. The victim was told to leave the issue alone and not “rock the boat” any further. Father Roger J. Trott 1970 – 1975: Blessed Sacrament Cathedral, Greensburg, PA 1975 – 1982: Holy Trinity, Ligonier, PA 1982 -1985: St. Matthew, Saltsburg, PA 1985 – 1987: St. John the Baptist de la Salle, Delmont, PA 1987: Leave of Absence Summary: In 1987, the families of 12 altar boys alleged Trott committed sexual acts on them. An investigation was conducted and Trott confessed in a written statement that he invited the boys on “outings” and acknowledged his sexual motive in these invitations. Court records said Trott fondled and masturbated at least four of his victims, and massaged and performed oral sex on an additional eight. On Feb. 26, 1987, Troutt, pled guilty to one count of corruption of minors and was sentenced to five years probation. Following his plea, he was sent to the St. Luke’s Institute in Suitland, Md. For inpatient treatment. Father Charles Weber, OSB Full assignment history not available Summary: In 2015, a victim claimed that in the early 1980s, Weber gave a lecture to children about the meaning of impure thoughts. The victim, who was between 11 and 13 at the time, was alone with Weber and asked if he was aware what the lecture meant. At this point, Weber began to fondle the boy’s genitals. The diocese encouraged the victim to contact ChildLine, and did so, but because the perpetrator was deceased, they would not be able to conduct a full investigation. Diocese of Harrisburg More: Pa. grand jury report: Details of how Harrisburg bishops ‘enabled the offenders’ Francis J. Allen Where he served: 1974-1978 : St. Patrick, York, PA Summary: In 1989, the Diocese of Harrisburg learned that a boy alleged that Francis “Scotty” Allen sexually abused him in the 1970’s. The Diocese documented the allegation. The Diocese’s documents revealed the following information. The boy’s mother reported that the alleged abuse to a Monsignor. The boy said Allen had “sexual encounters” with him on three occasions. In 1994, a woman reported to the Diocese that her son was molested by Allen from 1974 to 1975. During an overnight stay, Allen began to massage the boy and fondle the boy’s genitals until the boy ejaculated. John G. Allen Where he served: 5/29/1970-9/01/1971: Assumption Blessed Virgin Mary, Lebanon, PA 9/01/1971-5/06/1976: St. Patrick,Harrisburg, PA 5/06/1976-8/12/1976: St. Francis Xavier, Gettysburg, PA 8/12/1976-4/21/1978: St. Francis of Assisi, Harrisburg, PA 4/21/1978-5/05/1980: St. Ann, Steelton, PA 5/05/1980-6/20/1986: St. Pius X, Selingsgrove, PA 6/20/1986-11/01/1992: St. Joseph, Lancaster, PA 4/29/1991-5/01/1991: The Anodos Center at St. John Vianney 11/01/1992-7/06/1993: Leave of absence 7/06/1993-6/28/1995: St. Theresa, New Cumberland, PA 6/28/1995-4/05/2002: St. Margaret Mary, Harrisburg, PA 4/05/2002: Resigned 2/17/2006: Dispensed Summary: The Diocese was concerned with Allen’s behavior as early as 1970, and in 1991 he was evaluated. He was arrested by Lancaster City Police for soliciting an undercover officer. He allegedly attended a Sex and Love Addicts Anonymous meeting where Allen gave the impression to members that he was a pedophile and had an “obsession with young boys.” In 2002, a man reported Allen had abused him from the ages of 14 to 18. Abuse included fondling, oral sex and mutual masturbation. The Diocese issued a penal precept suspending Allen’s ability to function publicly as a priest. More abuse was reported in 2003 when another man came forward. He said Allen sat with him and others in a circle naked where they all masturbated. Allen paid the victims either $40 or $50 each. The man stated anytime Allen abused him, he paid him money. Francis A. Bach Where he served: 6/01/1962-6/30/1964: St. Theresa, New Cumberland, PA 6/30/1964-5/28/1965 : St. Patrick, York, PA 5/28/1965-5/29/1970 : St. Patrick Cathedral, Harisburg, PA 1/06/1967 : Relieved of duties, Young Adult Ministry, Harisburg, PA 5/29/1970-6/24/1970 : St. Joseph, Danvile, PA 6/24/1970 : Appointed Area Scout Chaplain, Columbia-Montour area 8/27/1970: Coordinator, Family Life Apostolate 10/04/1971: Campus Minister, Millersvile University, Lancaster, PA 9/03/1974 : St. Joan of Arc, Hershey, PA 4/15/1975 : Inappropriate behavior with adult at seminary 5/14/1975-4/12/1976: St. Rose of Lima, York, PA 4/14/1976 : Leave of Absence 10/19/76-8/01/197: Anunciation Blesed Virgin Mary, McSherystown, PA 8/01/7-12/01/1980: Holy Family, Harrisburg, PA 12/01/80-4/21/1983: Assumption Blesed Virgin Mary, Lebanon, PA 4/2/91: Appointed Dean, Lebanon, PA 5/09/94: Resigned; early retirement Summary: In 1969, when a man was 13 years old, he said Bach invited him on a boat. The man and Bach went to sleep in separate beds, but the man woke up to Bach stroking his penis. The abuse also included kissing and oral sex. Bach also took pictures of the naked boy. Other incidents of a similar nature followed involving at least three other males. Jesus Barajas Where he served: 3/1987-11/1989: Office of the Vicar for Spanish-speaking people York, Lebanon, and Bendersville 11/1989: Columbia, South America Summary: A priest reported that he had become aware of several incidents involving Barajas that involved allegations of him molesting children. The Archdiocese stated in a letter back in 1995 that concerns were raised about Father Jesus, but nothing specific was presented. Richard J. Barry Where he served: 9/02/1981-7/1983: St. Joseph, Dallastown, PA 1983 Reassigned by his community 9/01/1984-9/02/1986: St. Margaret Mary, Harrisburg, PA 9/02/1986: Recalled by religious community 1991: Leave of Absence Summary: In 2001, a woman reported that Barry had molested her son from 1978 to 1980 when he was in elementary school. A report involving Barry said there were some “strange situations” with him. In another instance, a male reported that when he was 11 years old, Barry and him slept in a bed together. The boy woke up to Barry fondling him and then performing oral sex on him. He was reassured by Barry that “it was OK.” On of the boys abused, later developed problems with alcohol and drug abuse and later committed suicide. James Beeman Where he served: 6/0419/53-5/29/1958: St. Mary Church, Lancaster, PA 5/29/1958-8/20/1959: St. Patrick, Carlisle, PA 8/20/1959-6/02/1961: St. Joseph, Danville, PA 6/02/1961-6/30/1964: St. Columbia’s, Bloomsburg, PA 6/30/1964-7/10/1968: Our Lady of Visitation, Shippensburg, PA 7/10/1968-9/15/1968: St.Joseph, Milton, PA 9/15/1968-1/13/1968: St. Ignatius, Centralia, PA 1/13/1968-10/10/1969: St. Francis of Assisi, Harrisburg, PA 10/10/1969-1/20/1973: Our Lady of Blessed Sacrament, Harrisburg, PA 1/20/1973-3/19/1973: St. Columbia, Bloomsburg,PA 3/19/1973-2/19/1975: Inner-city ministry, 2/19/1975-3/26/1975: Sacred Heart, Williamstown, PA 3/26/1975-4/21/197: Inner-city ministry 4/21/197-4/25/1980: Our Lady of Blessed Sacrament, Harrisburg, PA 4/25/1980-7/01/1980: Inner-city ministry 7/01/1980-12/02/191: Chaplain, Harrisburg State Hospital 1/2/1981-7/07/1983: Our Lady of Blessed Sacrament, Harrisburg, PA 7/07/1983-12/02/1991: Chaplain, State Correctional Institution, Camp Hill, PA Summary: A woman reported that Beeman sexually abused her daughter from 1961 to 1964. When the daughter was eight years old, the mother found blood in her daughter’s underwear. On separate occasions, Beeman sexually abused her. In catechism class, he sat her on his lap and touched her inappropriately. Beeman later raped her when she was in the hospital room recovering from having her tonsils removed. He later raped her when she was pregnant at 19 years old. Beeman admitted the abuse he did to this victim, and other women also came forward describing instances of abuse by him. John Bostwick Where he served: 1976-1990: St. Catherine Laboure, Harrisburg, PA (weekends, holidays and summer) 12/05/1990-10/23/1991: St. Leo the Great, Lancaster, PA 10/23/1991-2/17/1992: Assumption Blessed Virgin Mary, Lebanon, PA 2/17/1992: Transferred to Lafayette, Louisiana Summary: In March 1996, Father Paul Helwig and Monsignor Hugh Overbaugh wrote a memorandum to Bishop Nicholas Dattilo regarding an accusation made against Bostwick concerning the 1980 to 1982 time period. Bostwick befriended a family and eventually stayed overnight at their house. The family had a boy between 12 and 14 years of age. The boy drank beer with Bostwick and Bostwick fondled the boy’s genitals. Bostwick took the boy to St. Mary’s Seminary when school was out of session. Bostwick fondled the boy’s genitals while the boy was sleeping overnight. The last incident involved Bostwick attempting to have the boy touch Bostwick’ s genitals. In 2002, another victim made the same report to the Diocese of Harrisburg regarding an attempt at inappropriate touching that occurred in 1987 when he was between 14 and 15 years old. He stated he passed out from drinking alcohol while he watched a movie with Bostwick. He woke up in another room when Bostwick reached for his genitals and he stopped Bostwick from making contact. Donald Cramer Where he served: 6/2001-6/2004: Good Shepherd, Camp Hill, PA 6/2004-6/2005: St. John the Baptist, New Freedom, PA 6/2005-2/2006: Leave of Absence 6/2006-6/2010: Christ the King Mission & Bloomsburg University 6/2010-8/2012: St. Monica 8/2012: Leave of absence 11/2014: Dispensed Summary: An investigation revealed that Cramer was in an online chatroom where he communicated with an individual in Connecticut who was charged criminally for possessing child pornography. In his online communications, Cramer mentioned he wanted to go to Mexico where he could “rent” boys. After an investigation, Cramer was not arrested because he was not in possession of child pornography. Walter Emala Where he served: 1981-1985: Part-time (functioned without faculties); St. Peter, Mount Carmel, PA 1981-1985: St. John, New Freedom, PA Summary: In May 1979, the Diocese of Memphis wrote to the Diocese of Harrisburg and stated that Father Walter Emala was “once accused of sexually handling some of the children where he was an associate, but this does not seem to have been proven definitely.” In December 1985, a memorandum was written by Keeler that reported that Emala had been “accused of being overly and overtly familiar with certain boys” by parents in St. Peter’s parish. The memorandum noted the parents made reports to the parish priest, Father Frederick Farace. There was no abuse reported. The parents stated Emala gave boys wine and the parents were concerned about over familiarity. Paul R. Fisher Where he served: 1995-1997: St. Norbert, Paoli, PA 1997-1998: Archmere Academy, Claymont, Delaware 6/16/1998-6/19/2003: Queen of Peace, Millersburg, PA 6/2003: Incardinated as a Priest of the Diocese of Harrisburg 6/19/2003-6/18/2009: Sacred Heart of Jesus, Cornwall, PA 6/18/2009-6/20/2011: St. Columbia, Bloomsburg, PA 6/20/2011-6/20/2016: Our Lady of the Blessed Sacrament, Harrisburg, PA Summary: On February 18, 2011, Bishop Joseph McFadden issued a Decree after receiving a report from the Secretary of Clergy and Consecrated Life that Father Paul Fisher made a selfincriminating report involving pornography, “which may include child pornography.” In February 2011, Diocesan officials interviewed Fisher. Fisher stated that he conducted online searches for pornography that included “incest” and “really sick, abusive stories.” The Diocese sent Fisher for treatment and evaluation. The forensic examination of Fisher’s electronic devices did not identify images depicting the sexual abuse of children, even though Fisher admitted it was possible. Harrisburg Priest #1 Further details were not released. Augustine Giella Further details were not released. Harrisburg Priest #2 His assignment history was not listed. Summary: A Grand Jury subpoena was served on the Diocese of Harrisburg in September of 2016. While reviewing documents to turn over pursuant to the subpoena, the Diocese identified an allegation against a priest, which the Diocese did not follow up on. Donald “Tim” Hackman Where he served: 1983-1999: St. James, Lititz, PA Summary: The Diocese of Harrisburg’s restricted file for Deacon Donald “Tim” Hackman contained a resignation letter dated January 22, 1999, and a Decree dated February 3, 1999. Hackman had mailed child pornography to an undercover law enforcement officer. Bishop Dattilo issued a Decree, which noted Hackman’s “sincere and credible display of remorse.” He was then forbidden to exercise functions of any ecclesiastical office. T. Ronald Haney Where he served: 5/20/1958-6/02/1961: St. Anne, Lancaster, PA 6/02/1961-8/01/1961: St. Peter, Columbia, PA 8/01/1961-12/14/1961: Assumption BVM, Lancaster, PA (canonical reasons) 12/14/1961-9/12/1963: St. Peter, Columbia, PA (canonical reasons) 9/12/1963-6/30/1964: Sacred Heart, Lancaster, PA (canonical reasons) 6/30/1964-1/12/1967: St. James and Bishop McDevitt High School 6/12/1967-6/02/1967: St. Ann, Steelton, PA (canonical reasons) 6/02/1967-6/02/1970: St. Edward, Shamokin, PA 6/02/1967-1/22/1976: Our Lady of Lourdes Regional High School, St. Edward; St. Anthony of Padua, Shamokin, PA 1/22/1976-6/18/1981: Holy Spirit, Palmyra, PA 6/18/1981-6/28/1985: St. Ann, Steelton, PA 2/28/1985-7/31/1992: St. Catherine, Harrisburg, PA 7/31/1992-3/03/2006: St. Theresa, New Cumberland, PA (canonical only) 3/03/2006: Retired Summary: Father T. Ronald Haney entered the priest seminary at age 14. He attended the seminary until being ordained a priest in the Diocese of Harrisburg in 1958. Diocesan officials wrote memorandums wherein officials noted that in 1995 a husband and wife informed the Diocese that Father Haney was a family friend who frequented their household for dinner. The family had a seven year old daughter and a four year old son. One evening, the parents’ heard Haney say to their daughter, “I guess you have heard about pedaphilia \[sic\].” He repeated the sentence a second time after the daughter’s mother overheard and called his name. The daughter’s mother also reported that another female parishioner confided in her that Haney commented that her daughter had a “cute firm ass.” He put his hand on the daughters’ buttocks and said “she has a nice tight ass.” The woman stated, after speaking with her husband, they felt this was an “error in judgment” by Haney. John Herber 7/10/1980-7/29/1982 St. Joseph Convent & School, Columbia, PA 8/01/1995-2/18/1998 St. Ann Home, Columbia, PA Summary: A woman called the diocese in 1997 and reported Herber abused her when she was 7 years old, between 1981 and 1982. A statement from the Superior of the Precious Blood Order in 1995 said “I am of the opinion that Father Herber is of good character and reputation.” In 2012, a woman reported she was molested by Herber, and since the woman’s sister has also alleged Herber abused her. The woman was four years old, and alleged Herber digitally penetrated her. Philip Hower 1981: Seminarian at Pontifical College, Josephinum Summary: Hower’s sister wrote the diocese reporting that he molested her son while the son was between five and seven years old. She alleged Hower performed oral sex on her son. Kevin Kayda 6/01/2013-10/03/2013 St. John the Baptist, New Freedom, PA Summary: A parent reported that Kayda was having inappropriate online communications with their minor daughter on Facebook. Forensic analysis of his computer showed Kayda had pornographic material that included “adolescents.” Kayda committed suicide in 2013. He alluded to being an abuse victim himself, but did not disclose the name of his alleged abuser. Edward Konat 5/28/1987-10/08/1987: Asst. Pastor St. Theresa, New Cumberland, PA Summary: While Konat was at the Diocese of Salt Lake, he was accused of pedophilia, and was accused at least four times of sexual advances towards young boys. Konat also conducted “scrotum” checks of minor boys. George Koychick Where served: 4/22/1949-9/23/1949: Annunciation Blessed Virgin Mary, McSherrystown, PA 9/23/1949-5/23/1952: St. Francis of Assisi, Harrisburg, PA 5/23/1952-6/04/1953: Our Lady of Mt. Carmel, Mount Carmel, PA 6/04/1953-5/23/1957: St. Joseph, York, PA 5/23/1957-11/08/1957: Assumption Blessed Virgin Mary, Lebanon, PA 11/08/1957-10/02/1962: Chaplain, Penna. Industrial School 10/02/1962-11/24/1967: Sacred Heart, Williamstown, PA 11/24/1967-6/18/1981: St. Patrick, York, PA 6/18/1981-6/04/1997: Church of the Holy Spirit, Palmyra, PA 1997: Retired Summary: Koychick has multiple allegations including… A woman stated in the 1970s, when she was 13 or 14, he touched her sensually, and reported that Koychick rubbed multiple girls. Koychick was asked if there was any truth to the allegation and he responded, “Yes, it was when I was going through a touchy/feely time in my life.” In 2013, a woman reported she was abused between the ages of 12 and 15, between 1976 and 1979. Koychick reportedly touched her breasts over the top of her clothing. In 2016, another victim came forward saying Koychick touched her breasts and sunbathed nude. Thomas Kujovsky 5/23/1957-6/01/1962: St. Casimir, Kulpmont, PA 6/01/1962-8/09/1963: St. Joseph, York, PA 8/09/1963-5/29/1964: St. Catherine, Oakleigh, PA 5/29/1964-6/22/1972: Mt. Carmel Elementary School, Mt. Carmel, PA 9/23/1966-2/03/1967: Our Lady of Mercy, Roaring Creek, PA 2/03/1967-12/15/1969: St. Joseph, Locust Dale, PA 12/15/1969-6/22/1972: St. John the Baptist, Mt. Carmel, PA 6/22/1972-6/02/1983: Immaculate Conception Blessed Virgin Mary, Berwick, PA 6/02/1983-8/26/1986: St. Columbia, Bloomsburg, PA 8/26/1986-6/09/1989: Corpus Christi, Chambersburg, PA 6/09/1989-11/11/1990: St. Anne, Lancaster, PA 11/11/1990: Villa Vianney 12/15/1990: Retired 8/26/1994: Administrator Pro Tem, Villa Vianney 6/28/1995: Secretary to the Lebanon Tribunal 4/27/1999: Administrator Pro Tem at St. Peter, Elizabethtown, PA 1/01/2003: Retired Summary: In 1981, two women reported that a person found magazines that contained photographs of former altar boys in the nude. The items were found by his bed in the rectory. Kujovsky expressed “utter surprise and absolute disbelief concerning them” and denied the allegations. The diocese identified one of the boys that was photographed naked, but there was no record that the child was ever interviewed. Thomas Lawler 11/11/1955-5/24/1960: Sacred Heart, Lewistown; Youth Chaplain and Scout Chaplain, Juniata Valley Area, PA 5/24/1960-10/26/1960: St. Aloysius, Littlestown, PA 10/26/1960-12/14/1960: Good Shepherd, Camp Hill, PA 12/14/1960-6/02/1961: St. Vincent, Hanover, PA 6/02/1961-6/01/1962: St. Joseph, York, PA 6/01/1962-10/10/1969: Annunciation Blessed Virgin Mary, McSherrystown, Pa. 10/10/1969-9/01/1971: St. Peter, Columbia, PA 9/01/1971-10/19/1987: Sacred Heart of Jesus, Lewisburg, PA Summary: A man made an allegation against Lawler in 1963 when the man was 10, saying Lawler hugged the boy, placed his hands inside of the back of the boys’s pants and squeexed the boy’s butt. Another man came forward in 2014, saying he was abused in 1985 and ended in 1987 when Lawler died. The boy was 13. Robert Logue Where served: unknown. Summary: A 13-year-old boy and his father reported Logue showed interest in the boy, with Logue reportedly asking the boy to expose his genetalia in 1968. Arthur Long Further details were not released. David H. Luck Summer 1986: St. Paul the Apostle, Annville, PA (Deacon) Spring 1987: St. Paul the Apostle, Annville, PA (Deacon) 6/19/1987-1/01/1989: St. Joseph, Mechanicsburg, PA Summary: It was reported that Luck anally raped a 15 year old boy while having overnight stays at a family’s house. Luck told a redacted name during an investigation, “I am a pedophile.” Shortly after, Luck approached one of the victims at a parish festival. Robert Maher 6/03/1937-6/09/1939: St. Rose of Lima, York, PA 6/09/1939-12/1939: St. Mary’s, Kulpmont, PA (left due to health) 1/06/1940-4/04/1941: St. Peter, Columbia, PA 4/1941: Chaplain to Boy Scouts 1/1946-10/1961: Superintendent of schools 4/04/1941-7/10/1946: St. Mary Assumption, Lebanon, PA 7/10/1946-5/24/1960: St. Peter, Columbia, PA 5/24/1960-12/14/1961: St. Patrick’s Cathedral, Harrisburg, PA 12/14/1961-8/1974: St. Vincent, Hanover, PA 4/23/1975: Resignation accepted; faculties not revoked; Villa Vianney Retirement home 1979 to 1986: Archivist for the Diocese of Harrisburg Summary: A man made a report in 1994 that Maher kissed him, touched him in an “immodest” way and performed oral sex on him while in sixth or seventh grade. The man made multiple reports in 1997, 2002 and 2007. Other accusations include… A Secular Franciscan Brother reported to the diocese that Maher hugged, kissed him on the lips and “stuck his tongue” in the victim’s mouth. A man reported to the diocese that Maher sexually abused him when he was a boy. He had to sit on Maher’s lap and he was kissed when he was nine years old. During confession, a 10 year old boy said Maher asked him if he masterbated, got a “hard on” and how big his penis was. A parishioner of St. Vincent wrote a letter saying that 15 boys were sexually abused by Maher while at the parish from 1961 to 1975. Daniel Mahoney 9/23/1952-4/21/1954: St. Patrick, York, PA 4/21/1954-8/01/1956: St. Edward, Shamokin, PA 8/01/1956-6/02/1961: St. Joan of Arc, Hershey, PA 6/02/1961-6/30/1964: St. Joseph, Shamokin, PA 6/30/1964-5/31/1968: Immaculate Conception, Fairfield, PA 5/31/1968-6/13/2002: Holy Name of Jesus, Harrisburg, PA 6/13/2002: Retired Summary: Mahoney’s file contained complaints regarding inappropriate publishing in the church bulletin and on his personal website. The website had links for puberty of boys and girls, and provided descriptions of growing up and sexuality. A catechist said her brother was sexually abused by Mahoney between 1966 and 1968. A different woman came forward in 2016 and said that her brother was also sexually abused. Guy Marsico 6/01/1973-10/10/1977: Assumption Blessed Virgin Mary, Lebanon, PA 10/10/1977-4/29/1982: St. Leo the Great, Rohrerstown, PA 4/29/1982-8/01/1985: St. Rose of Lima, York, PA 8/01/1985-7/28/1994: St. Gregory the Great, Lebanon, PA 7/28/1994: Leave of Absence 2010: Requested laicization Summary: A man came forward in 1994 and said he was sexually molested by Marsico while at St. Leo the Great. He gave the boy full body massages and touched the boy’s penis. The boy told his mother and father about the abuse, and neither told anyone. Marsico admitted to being sexually involved with three other minors while at the Assumption of the Blessed Virgin Mary and St. Leo the Great. Another victim came forward in 1996, saying he was abused when he was between fifth and sixth grade. Marsico fondled the victim and slept naked in the same bed with him. John M. McDevitt 1960s: Bishop McDevitt School August 1982: Tranferred out of the diocese Summary: A man reported that McDevitt abused him, kissing him in the confessional at Bishop McDevitt High School. The year of the abuse was unknown, but the reporting man was 50 years old in 2012. Anthony McGinley 12/20/1945-8/25/1953: Annunciation Blessed Virgin Mary, McSherrystown, PA 8/25/1953-11/20/1953: Assumption Blessed Virgin Mary, Lebanon, PA 11/20/1953-10/11/1957: Our Lady of Mt. Carmel, Mt. Carmel, PA 10/11/1957-12/14/1961: St. Thomas More, Northumberland, PA 12/14/1961-4/30/1970: St. Patrick, Carlisle, forced to resign as pastor at in Carlisle and permitted to continue his education 4/30/1970-10/24/1972: Catholic University; Graduate School of Education for Guidance (Counseling) 1970’s-1982: Marymount College; forced to resign 1982 5/10/1972-9/01/1972: St. Joseph, Mechanicsburg, PA (part-time) 11/26/1987: Retired; faculties revoked Summary: Three high school boys in 1953 reported that McGinley made “immoral advances” towards the boys, who after they were questioned by another priest said they “were so convinced of them, they would testify under oath.” The actions include giving the boys alcohol and trying to touch them. From 1953 to 1982, there were “may reports” that McGinley had sexual encounters with other males. James McLucas Summer 2014: Carmel of Jesus, Mary and Joseph Monastery, Elysburg Summary: The head Mother of the Monastery called the diocese after finding out McLucas had sexually abused a 14-year-old girl, and continued a relationship with her into her adulthood. Ibarra Mercado July 1994 – Lebanon V.A. Hospital Summary: The allegations involved Mercado “French kissing” a 12-year-old girl. The girl’s mother was an organist for masses that Mercado celebrated at the Lebanon VA Hospital. Redacted – pending litigation The name of the priest, where he served and the exact incident was entirely redacted in the grand jury report. Joseph Pease No information is listed. Charles Procopio 5/25/1956-8/01/1956: St. Theresa’s Church, New Cumberland, PA 8/01/1956-4/09/1959: St. Joseph, Danville, PA 4/09/1959-12/14/1961: St. Anthony of Padua, Lancaster, PA 12/14/1961-10/02/1962: St. Andrew, Waynesboro, PA 10/02/1962-12/11/1964: St. Joan of Arc, Hershey, PA 12/11/1964-10/12/1967: Sacred Heart of Jesus, Harrisburg, PA 10/12/1967-5/31/1968: Assumption Blessed Virgin Mary, Lancaster, PA 5/31/1968-6/04/1971: St. Rita, Fairfield, PA 6/04/1971-8/10/1979: St. Peter, Mount Carmel, PA 8/10/1979-7/28/1983: Holy Name of Jesus, Harrisburg, PA 7/28/1983-5/30/1984: St. Joseph, Hanover, PA 5/30/1984-2/04/1991: Christ the King, Benton, PA 2/04/1991-1/11/1994: St. Casimir, Kulpmont, PA 1/11/1994-6/28/1995: Villa Vianney/Our Lady of Mt. Carmel 6/28/1995: Retired Summary: In 1965, a priest received a phone call that Procopio molested girls in the seventh and eighth grades at Sacred Heart of Jesus in Harrisburg. The person who made the report told the principal, but nothing happened in response. The accusations include feeling girls breasts, and pressing one up against the wall in the rectory and touching her “in an immodest manner.” In response, an official called Procopio’s actions “manifestations of his effusive nature, imprudent but pure on his part.” He added that “the more recent actions received a distorted interpretation in the highly imaginative minds of pubescent girls.” The diocese allowed Procopio to stay in ministry. Guido Miguel Quiroz Reyes 12/1975 – 1/1980: Hispanic Center, Lancaster Summary: A family living in Florida, formerly of Lancaster, made sexual molestation allegations against Reyes. Reyes befriended the family and when the family moved to Florida, he lived with them. In 1993, the family confronted Reyes saying he sexually abused two daughters in the 1970s when they were minors while in Lancaster, and abused a granddaughter when he lived in Florida. Reyes denied the allegations, and he left their home. In 1993, he the family did not take legal action against him. James Rush Prior to 2001: Archdiocese of New York 2002-2005: St. Richard, Manheim; Our Lady of Good Counsel, Marysville; St. Bernadette Mission, Duncannon, PA 11/2015: Retired Summary: In 2016, a woman reported to Children and Youth Services and to the diocese that Rush developed an inappropriate relationship with a 14 year old girl, and refered to her as his girlfriend. Rush told the girl not to tell her mother because her mother would et the wrong impression. When confronted by the diocese, Rush retired. Redacted – pending litigation The name of the priest, where he served and the exact incident was entirely redacted in the grand jury report. Bryan Schlager 8/2009: Seminary applicant 12/2010: Withdrew from seminary Summary: In February 2011, a 15-year-old boy reported that he had received inappropriate communications from Schlager during a Facebook chat. Schlager asked about masturbation and pornography. An investigation by the diocese reported that a minor had received inappropriate communications from Schlager, prior to enrolling in the seminary. Herbert Shank 6/02/1967-6/04/1971: Sacred Heart, Lewistown, PA 6/04/1971-9/03/1974: Chaplain for Boy and Girl Scouts, Juniata Valley area 9/03/1974-5/14/1975: St. Joan of Arc, Hershey, PA 5/14/1975-1/01/1981: Sacred Heart, Lancaster, PA 1/01/1981-4/09/1984: Holy Spirit Hospital, Camp Hill, PA 4/09/1984-5/30/1984: St. Patrick, Carlisle, PA 5/30/1984-11/21/1994: Immaculate Conception Blessed Virgin Mary, Fairfield, PA 11/21/1994: Leave of Absense Summary: In 1994, a boy alleged Shank molested his brother, himself and five altar boys. One night at the rectory, Shank showed the boy a box full of half-naked photographs of other boys his age. He recognized some of the boys as altar boys. In another incident, Shank gave massages to a victim, which led to overnight stays that included naked rubdowns, kissing and Shank photographed the victim. The victim was under 16. In 1998, Shank wrote him an apology letter. The diocese notified the District Attorney’s office and the diocese turned over photographic negatives and videotape cassettes that included several victims. Patrick Shannon 1993-2005: Sacred Heart and of St. George’s Mission, Mifflinburg Summary: The diocese received a letter in 2005 from an individual saying Shannon sexually abused him while at Camp Brisson in Maryland as a counselor in training. While on an overnight camping trimp, Shannon shared his blanket with the victim, and once under the blanket, Shannon fondeled the victim’s genitals underneath his clothing. When the victim told Shannon no, Shannon responded “sometime…. We say no when we really mean yes.” Timothy Sperber 4/18/1978-4/21/1983: St. Joan of Arc, Hershey, PA 4/21/1983-12/1/1992: St. Philip, Millersville, PA 12/1992: Transfer to Florida 12/01/1992-2/15/1996: St. Gregory, Plantation, Florida 2/15/1996-9/01/1998: St. Boniface Church, Pembrooke Pines, Florida 9/01/1998: Leave of Absence 10/10/2000: Suspended for failing to appear for assignment Summary: In 2004, the diocese received a report from a woman alleging sexual abuse around 1979 while she was between nine and ten years old at St. Joan of Arc in Hershey. Sperber was ordered to tutor her in math, and during one session, had the girl remove her shirt and had her turn around. He touched her bare back with thins she believed to be his finger and penis, and believed he ejaculated on her back. When the victim told a principal at the school, the principal scolded her saying, “How dare you make these terrible accusations. You are a demon-child.” Carl J. Steffen Where served: 6/29/1958-4/09/1959: Assumption Blessed Virgin Mary, Lancaster, PA 5/24/1960: Assistant Director of Youth for Boy Scouts 4/09/1959-6/02/1961: St. Gertrude, Lebanon, PA 6/02/1961-8/09/1963: St. Joan of Arc, Hershey, PA 8/09/1963-6/02/1967: Bishop McDevitt High School, Harrisburg, PA 8/09/1963-6/18/1969: St. Joseph, Shamokin, PA 6/02/1967: Local Director, Shamokin Office Catholic Charities 7/01/1969: Chaplain to the Newman Apostolate for Gettysburg College 1969: “Temporary leave for retreat work,” Gettysburg for weekends 6/18/1969-5/06/1976: St. Francis Xavier, Gettysburg, PA 1/13/1972: Permission reaffirmed for Retreat Apostola 4/18/1978-2005 (retired): St. Ignatius Loyola, Buchanan Valley Summary: The diocese learned of allegations against Steffen in 1966, when he was a chaplain of a local high school. Bishop Joseph Daley had been briefed. The report said that “several complaints from reputable parents” talked about “questionable procedures during interviews of high school boys” and he “was alleged to fondle, caress and touch them.” During an interview with another priest, Steffen said he sometimes sat the boys on a couch and gave them a “gesture of friendliness.” Other accusations include… A female student reported that Steffen spoke to her about masturbation, intercourse and “certain aberrations of the marital act.” In 1993, a victim stated Steffen asked him about the size of his penis. In 1997, a deacon reported that a family left the parish because Steffen asked their three sons about sex. Frederick Vaughn 7/30/1958-8/09/1963: St. Catherine Laboure, Harrisburg, PA 8/09/1963-9/10/1965: St. Joseph, York, PA 9/10/1965-1/08/1971: St. Peter, Elizabethtown, PA 1/08/1971-8/26/1986: St. Mark the Evangelist, Greencastle 1986: Retired Summary: The diocese received the following accusations from different parties about Vaughn… April 2002 – A woman said that Vaughn molested both of her daughters from about 1961 to about 1966. The abuse started when the children were about nine years old. July 2002 – The diocese received another letter from different parents alleging one of their daughters was sexually abused from age three to age 13 between 1961 and 1974. The abuse consisted of vaginal and anal intercourse. A second daughter was abused from age five to 10 between 1958 and 1963. July 2004: The diocese received a call from a woman who said Vaughn abused her around 1958, when she was 11 or 12 years old and a grade school student at St. Catherine Laboure. He allegedly pressed himself up against her body and fondled her from behind. August 2004: A parent reported that Vaughn abused her daughter while at St. Catherine Laboure. The mother walked into a room and saw Vaughn with both his hands on her minor daughter’s breasts. Vaughn calmly left the home. The mother never told her husband, nor officials of the incident. May 2012: A letter to St. Catherine Laboure said Vaughn molested a female from 1959 to 1963 Salvatore V. Zangari 6/09/1944-3/22/1946: St. Patrick, York, PA 3/22/1946-6/20/1951: St. Peter, Mt. Carmel, PA 6/20/1951-11/08/1957: United States Army Chaplain; Industrial School in Camp Hill 11/08/1957-8/20/1959: Assumption Blessed Virgin Mary, Lebanon, PA 8/20/1959-6/30/1964: Our Lady of Visitation, Shippensburg, PA 6/30/1964-10/10/1969: St. Thomas More, Northumberland, PA 10/10/1969-10/10/1973: St. Ann, Steelton, PA 10/10/1973-12/12/1975: Immaculate Conception Blessed Virgin Mary, Fairfield, PA 12/12/1975-6/12/1986: Moderator, Council of Catholic Women; Permanent Diaconate Program; St. Peter and Chaplain at Elizabethtown, PA 6/12/1986: Retired Summary: Multiple allegations of unwanted sexual misconduct between Zangari and adult women were reported to the diocese in 1980 and 1986. The diocese sent Zangari to St. Luke Institute for evaluation. An official from the institute wrote Bishop William keeler that Zangari said he was “literally married” for eight or nine years and had fathered a child. In 2002, officials from the diocese met Zangari to ask about the revelations because “it had appeared they had never been followed up on.” Zangari denied being married, but admitted to fathering a child with a former student. Zangari said the student was “maybe 18 years old” and had been a student at St. Mary (Assumption Blessed Virgin Mary).” Diocese of Pittsburgh Redacted – pending litigation The name of the priest, where he served and the exact incident was entirely redacted in the grand jury report. James R. Adams 5/1963-2/1966: St. Francis Xavier, Pittsburgh, PA 2/1966-8/1966: St. Peter, McKeesport, PA 8/1966-5/1972: St. Raphael, Morningside, PA 5/1972-10/1977: St. Francis of Assisi, Finleyville, PA 10/1977-9/1979: Resurrection, West Mifflin, PA 9/1979-10/1992 St. Isaac Jogues, Elrama, PA 6/17/85-11/19/85: Leave of Absence 10/4/1992-3/31/93: Leave of Absence 3/31/1993-3/1/2003: Leave of Absence 3/1/2003: Withdrew/Dismissed from Ministry Summary: On July 24, 1992, a young man accused Father James R. Adams of sexually assaulting him in the 1970’s when the victim was between 8 and 12 years old and a member of St. Francis of Assisi. The victim said that Adams had touched his genitals while the victim was fully clothed on at least two occasions. Both times Adams was driving the victim and other boys to outtings. In light of the allegation, Adams’ ministerial faculties were withdrawn and he was sent to St. Michael’s Community in St. Louis, Missouri for evaluation and treatment. Adams left before completing the program. In January 2003, his faculties were withdrawn and he was permanently removed from ecclesiastical ministry, referencing the publication of Charter for the Protection of Children and Young People. James L. Armstrong 10/13/1977 – 7/07/1982: St. Elizabeth of Hungary, Pittsburgh, PA 7/08/1982 – 6/02/1985: St. Francis Xavier, Pittsburgh, PA 6/03/1985 – 6/21/1989: Resurrection, West Mifflin, PA 6/21/1989 – 2/20/1990: St. Ursula, Allison Park, PA 7/23/1990 – 6/27/1991: Holy Sepulcher, Butler, PA 6/27/1991 – 12/27/1991: Leave of Absence 10/24/1992 – 8/02/1999: St. Paul, Butler, PA 8/02/1999 – 7/23/2007: Newman Center, Slippery Rock, PA 8/02/1999 – 7/23/2007: St. Peter, Slippery Rock, PA 7/24/2007: Administrative Leave Summary: A file was opened on Father James Armstrong on February 16, 1990, that alleged Armstrong gave homeless boys from the Pittsburgh drugs, alcohol and money in exchange for sex. In May 1991, Armstrong was sent to St. Luke Institute in Maryland for evaluation. Residential treatment was recommended and the Diocese placed Armstrong on administrative leave. A confidential memorandum indicated that a victim contacted the Diocese on September 30, 2009 and requested counseling. He reported that he had been abused by several priests in the course of his life, including a priest whom he knew as “Father Tom.” The male stated that his father was a heroin addict and his mother was a prostitute. He eventually ran away from home and became a “street kid.” The male’s therapist advised that the incidents involved “sex for pay” and occurred when the male was 14 to 15 years old. The victim indicated that he was introduced to Armstrong when he was 16 years old in the winter of 1985-86. According to the victim, Armstrong would drive him \[the victim\] and a “hustler” far out Route 28 to Route 8, the Red Belt, toward Shaler Township up a winding road, always late night around 11:00 PM to midnight. The victim wrote that Father Tom had them do various violent sex acts like calling him degrading things while he gave them oral sex. They beat his body, slapped his face and spanked him. Armstrong received treatment between his 2007 administrative leave and 2011. John M. Bauer 5/22/1973-10/02/1978: Parochial Vicar, St. Joan of Arc, South Hills, PA 10/02/1978-1/17/1988: Parochial Vicar, Immaculate Conception, Washington, PA 6/17/1988-6/27/1994: Pastor, Immaculate Conception, Washington, PA 6/27/1994-2/18/1998: Pastor, Good Samaritan, Ambridge, PA 2/18/1998-1/20/1999: Leave of Absence 1/20/1999-6/04/2006: Administrator, Our Lady of Consolation, Carmichaels, PA 1/20/1999 -present: Pastor, St. Hugh, Carmichaels, PA 6/04/2006 -present: Pastor, Our Lady of Consolation, Carmichaels, PA Summary: An allegation of sexual abuse by Father John Bauer first surfaced when it was included in another complaint that was lodged against Father Michael Romero. A male said that Romero and Bauer would provide him alcohol and encourage him to drink it. He stated that he has suffered with alcoholism for years while he was trying to suppress the memories of sexual abuse as a minor child. He stated that he attributes the majority of his problems with alcohol to his early exposure to alcohol by Romero and Bauer. The victim reported that Bauer would “wrestle” with him but maintained that there was no genital contact. He found this to be strange that Bauer would want to wrestle with all the boys since he was not a wrestling coach or was not really involved in the wrestling program. In a memorandum to the file dated October 17, 2013, Bauer stated that he recalled the victim and that he remembered him as one of the young boys who would work out in the “wrestling room.” Bauer said he remembered wrestling with some of the boys on occasion in the “wrestling room.” Bauer stated he would often “join them” since he enjoyed doing a good workout. Bauer denied providing alcohol to any minors. John E. Brueckner 2/20/1940 – 9/6/1944: Immaculate Conception, Pittsburgh, PA 9/7/1944 – 9/11/1947: St. Joseph, New Kensington, PA 9/11/1947 – 4/6/1949: St. Mary and New Castle Hospital, New Castle, PA 4/7/1949 – 11/7/1951: St. Mary, Beaver Falls, PA 11/ 8/1951 – 6/13/1956: St. Lawrence, Pittsburgh, PA 6/14/1956 – 5/27/1959: Annunciation, North Side, PA 5/23/1959 – 10/2/1960: St. Luke, Carnegie, PA Summary: According to a 2016 document, a woman had contacted the Diocese of Greensburg to report that her husband suffered abuse at the hand of a Catholic priest when he was only a child. She stated that in 2002 her husband informed her that he had been abused by a priest from St. Joseph sometime between the years of 1947 and 1951. He stated that the abuse occurred in the priest’s car after they saw a baseball game together. She could not recall the name of the priest who abused her husband. Brueknere was among the priests at St. Joseph during that time period when Greensburg was part of the Pittsburgh Diocese. It does not appear that the Diocese of Pittsburgh took any further action in connection with the allegation. Leo Burchianti 5/27/1964-8/21/1966: St. Joseph, Natrona, PA 8/22/1966-6/09/1968: Immaculate Conception, Bloomfield, PA 6/10/1968-5/21/1973: Our Lady of Grace, Scott Township, PA 5/22/1973-1/24/1979: St. James, Sewickley, PA 1/25/1979-11/21/1980: St. Philip Neri, Donora, PA 11/22/1980-2/12/1981: Leave of Absence, health reasons 2/13/1981-12/03/1981: St. Rosalia, Greenfield, PA 12/04/1981-4/12/1993: St. Joseph, West Aliquippa, PA 4/12/1993-1/30/1995: Leave of Absence, health reasons/administrative 1/30/1995: Retired 1/31/2003: Withdrew from ministry Summary: From approximately 1967 to 1993, Burchianti was alleged to have had inappropriate contact with at least eight young boys. These allegations included but were not limited to Burchianti: having anal or oral sex with them; inappropriately touching them; making suggestive comments to them; providing alcohol to them; allowing them to use drugs in the rectory; and inviting some to stay overnight to sleep in his bed with him. On April 6, 1993, an unidenitified victim stated that from the ages of 13 to 14 (1976-77) to age 21 he had engaged in oral and anal sex with Burchianti. The male stated that the abuse with Burchianti occurred approximately 200-300 times while Burchianti was assigned to St. Philip’s in Donora and then approximately 20-30 times while Burchianti was at St. Joseph. Burchianti admitted to having had a sexual relationship with him over the years, but disputed the number of times it occurred. on March 18, 1994, a signed settlement agreement for $15,000 was reached between the Diocese and the victim. Robert Castelucci 5/27/1964-3/07/1965: St. Rosalia, Greenfield, PA 5/08/1965-5/21/1973: St. Joseph, Coraopolis, PA 5/08/1965-5/21/1973: St. Martha, Groveton, PA 5/22/1973-5/29/1974: St. Patrick, Canonsburg, PA 5/30/1974-6/29/1981: St. Mary of Mt. Carmel, Braddock, PA 6/30/1981-12/09/1994: St. Lawrence, Hillsville, PA 12/09/1994-7/27/1999: Leave of Absence 7/28/1999-3/25/2002: Administrative Leave 3/25/2002: Withdrew from active ministry Summary: Despite having knowledge since 1994 of Castelucci’ s sexual abuse of children, the Diocese did not remove him from ministry, instead initially allowing him to take a leave of absence for personal reasons. The first victim stated that Castelucci molested him at the St. Mary rectory and in Castelucci’ s car. The victim said the abuse occurred from age 13 or 14 until age 17 in the 1970’s. The victim alleged that sexual activity with Castelucci included masturbation, oral sex and one attempt at anal sex. He reported that Castelucci gave him money and cigarettes. The victim eventually filed a civil lawsuit along with 32 other individuals, which resulted in a $1.25 million settlement in October 2007. Several other victims said Castelucci sexually abused them over a number of years. One victim claimed that in the 1970′ when he was a 12 or 13 -year -old altar boy, Castelucci had asked his mother if he could stay overnight at the St. Joseph rectory. According to the victim, his mother readily agreed since his father was no longer around. She wanted him to spend time with a man, particularly a priest for a positive role model. On March 25, 2002, Castelucci submitted a handwritten letter to Bishop Wuerl withdrawing from active ministry. On the same date, Castelucci sent a second letter to Wuerl in which he denied all allegations against him. Mauro James Cautela 5/1974-5/1979: Our Lady of Joy, Pittsburgh, PA 6/1979-8/1983: St. Vitus, New Castle, PA 8/1983-5/1984: St. James, Sewickley, PA 5/1984-1/1989: Mother of Good Counsel, Pittsburgh, PA 1/1989-10/1992: St. Norbert, Pittsburgh, PA 10/1992-2/2000: Purification of the Blessed Virgin Mary, Ellwood City, PA 7/1998-2/2000: St. Agatha, Ellwood City, PA 2/2000-8/2005: Holy Redeemer, Ellwood City, PA Summary: Cautela was alleged to have inappropriately touched three young boys during the times that he respectively served as pastor of Our Lady of Joy, St. Norbert, Purification of the Blessed Virgin Mary, and Holy Redeemer. Additionally, Cautela is alleged to have used church donations and other funds to further some of his relationships with young boys as well as to purchase homosexual pornography on church computers. In 2006, a victim stated that between 1975 and 1981, when he was about 14 years of age, Cautela molested him multiple times while on church property and at Bear Lake in Seven Springs. The victim alleged that he was provided alcohol on some occasions as well. Cautela claimed that the victim asked for $20,000 in in 2003 in exchange for not exposing Cautela as a pedophile. The blackmail allegations had been forwarded to the Lawrence County District Attorney’s Office. The records revealed that an Ellwood City Police Officer advised that a case number was never assigned to the matter out of respect for Cautela. In 2005, a male alleged that Cautela sexually abused him between 1998 and 2005 when he was between 12 and 19 years old. This victim said that Cautela first encouraged him to begin lifting weights at a nearby gym. Cuatela’s assistance with the weightlifting soon included inappropriate touching. After the allegations were made, Cautela resigned from his position as pastor in August 2005 and was placed on administrative leave. On December 9, 2005, the Federal Bureau of Investigation agreed to file federal charges against Cautela for the incidents that occurred outside the Commonwealth of Pennsylvania. Cautela suffered a heart attack and died in 2005, concluding the criminal investigation Charles J. Chatt 5/27/1964-3/27/1969: St. Alphonsus, Springdale, PA 3/28/1969-5/29/1974: St. Anne, Castle Shannon, PA 5/30/1974-8/23/1981: St. Albert the Great, Baldwin, PA 8/24/1981-7/27/1992: Our Lady of Loreto, Brookline, PA 7/27/1992-1/31/2003: Leave of Absence 1/31/2003: Withdrew from Active Ministry Summary: In 1992, the father of a young man reported his son’s sexually abuse by Chatt. These incidents occurred in either 1970 or 1971, when the victim was in seventh or eighth grade at St. Anne. According to the Diocesan report, the father reported that he had gone to see Chatt and had told Chatt that he (Chatt) needed to call the Diocese or he (the victim’s father) would. That same day, Chatt met with Diocesan officials and admitted to the sexual contact which began at St. Anne when victim one was 14 years of age. The report further disclosed that when Chatt was assigned to St. Albert’s, he had sexual contact for a few months with a 15 -year -old from that parish. A letter indicated that Chatt confirmed for church representatives that he was “involved in sexual relationships” with the first victim as well as “five other youngsters under the age of eighteen in the 1970’s.” He attributed his behavior to the ‘free spirit” of that time when the “anything goes” mentality was in “vogue,” in addition to his own sexual weaknesses and what he described as the “promiscuity of the adolescent boys involved.” Following the first documented report of sexual abuse of children reported in July 1992 that occurred in 1970 or 1971 at St. Anne’s Parish, Chatt resigned as pastor of Our Lady of Loreto Parish. The parishioners were told that he had resigned for health reasons and to allow him time to better care for his aging parents. Chatt was sent to St. Michael’s Community for an evaluation and thereafter returned to the facility for treatment where he remained for approximately five months. At the completion of treatment, St. Michael’s staff recommended he be returned to ministry. Anthony J. Cipolla 12/06/1972-11/14/1974: Parochial Vicar, St. Bernard Church, Mt. Lebanon, PA 11/15/1974-5/20/1975: Parochial Vicar, Immaculate Conception, Washington, PA 5/21/1975-9/22/1975: Parochial Vicar, St. Philomena, Beaver Falls, PA 9/23/1976-7/04/1978: Parochial Vicar, St. Agatha, Bridgeville, PA 7/05/1976-10/08/1978: Parochial Vicar, St. Francis Xavier, Pittsburgh, PA 10/09/1978-6/28/198: Parochial Vicar, St. Canice, Knoxville, PA 6/28/1983-7/05/1983: Parochial Vicar, St. Philip, Crafton, PA (7 days) 12/01/1983-11/01/1988: Chaplin, McGuire Memorial Home for Exceptional Children, New Brighton, PA 11/01/1988-9/19/2002: Leave of Absence 9/19/2002: Laicized Summary: During the time Cipolla served as a priest, three different Bishops headed the Diocese. Cipolla was moved by his superiors from parish to parish, throughout the Diocese, several times during his tenure, for a total of eight moves in a 16-year period. Cipolla was first accused of sexually abusing two brothers, ages 9 and 12 in 1978 in Cipolla’ s bedroom in the rectory and also in a hotel room in Dearborn, Michigan. On July 25, 1978, the victims’ mother called the Pittsburgh Police Department and criminal charges were filed. Ultimately, the criminal charges were not pursued … because, according to the mother, she was harassed and threatened by church officials to drop the charges and to “let the church handle it.” Detectives subsequently interviewed the first victim, with his mother and father present. In Cipolla’s bedroom, the boy sat on Cipolla’s lap while Cipolla counted and squeezed the boy’s penis up to 50 times. Cipolla told him that this was their secret and it would be a sin if he told anyone. He was made to sign a paper saying he would not tell anyone. The boy said he went home and told his parents. According to the investigation, Cipolla molested both boys under the pretense of giving them medical examinations. The boys’ mother said that before a scheduled preliminary hearing, the prosecution allowed an attorney for the Diocese to question the boys. The woman said the diocese attorney “became a bully. He was telling my kids, `Well, look, you go into court, you’re going to be talking – – if you don’t want to talk about it now, there could be 100 people in there that you’re going to have to talk about it in front of and we’re going to tear your testimony apart.’” The attorney also asked her why they wanted to “hurt the church?” She told the Grand Jury, however, “We weren’t there to hurt the church. We were there to stop Cipolla before he did it again with some other kids.” According to the mother, the prosecutor told her that if she signed to expunge the charges against Cipolla and he “does it again” within 10 years, “we can bring those charges back up.” She was told that “it would be kept quiet unless he committed the crime again.” The woman said community harassment from Cipolla’s supporters got so bad, the family moved out of state. The charges were dropped and the Diocese reassigned Cipolla immediately to St. Canice where he reoffended on another young male. Because of his adamant refusal to comply with church-ordered treatment, in 1990 Cipolla was told he could not act as a priest in good standing; could not conduct any public celebrations as a priest; and could not wear priestly attire. He could not resume doing any of these things until he obtained a church – approved evaluation. Even after an “official” ruling from the Vatican that he was no longer a priest in good standing, Cipolla continued to perform masses and to present himself as a priest in good standing, even though he was advised in person, several times, that he was barred from doing these things. Cippola’ s appeal to the Vatican was denied in November 1996. In July 2002 Wuerl wrote to the Pope asking for Cipolla’ s dismissal from priesthood. Official approval for Cipolla’ s dismissal as a priest was issued on September 19, 2002. Despite this, in December of 2003 the Diocese received information that Cipolla was still saying masses and acting as a priest. John P. Conner 4/28/1962: Assistant, St. Francis of Assisi, Vineland, NJ 1/08/1966: Assistant, St. Mary, Gloucester, NJ 6/18/1966: Assistant in Residence, St. Rose of Lima, Haddon Heights, NJ 6/18/1966: Faculty, Paul VI High School, Haddon Township, NJ 1969-1970: Assistant CYO Director of Diocese, Diocese Center 1970-1985: Chairperson, Bishop Eustace Preparatory, Pennsauken Township, NJ 2/2002: Removed from active ministry/retirement Summary: In October 1984, Connor was arrested in New Jersey for sexually molesting a 14 -year -old child. The sexual abuse took place in Connor’ s home in the Diocese of Camden during the time he was a theology teacher and golf coach at Bishop Eustace Preparatory School in Pennsauken. Lawyers for the Diocese of Camden negotiated a pretrial intervention with the Cape May Prosecutor’s Office. The terms of the agreement were that if Connor would admit to sexually molesting the child, he would have the record of his arrest erased, as long as he were not re-arrested within one year. Connor spent approximately eight months in treatment after his arrest. Despite his criminal history, Connor was transferred to the Pittsburgh Diocese in 1985. In 1988, Bevilacqua, who had become the Archbishop of Philadelphia, appointed Connor as assistant pastor of St. Matthew in Conshohocken, a parish with a grade school. Bevilacqua encouraged Connor, among other things, to “educate youth.” Connor was given an unrestricted ministry and there was no warning to the parishioners of the church that Connor was an admitted child molester. Bevilacqua never told Father James W. Donlon, the pastor of St. Matthew Church, about Connor’s alcoholism and child abuse. In 1993, Connor was suddenly moved back to Camden because his 1984 victim of sexual abuse had sued and received a settlement from the Diocese of Camden. Since Donlon received no warning from the Archbishop, he allowed Connor full access to the youth of the parish. The pastor did not know to be concerned about an especially close relationship that was developing between Connor and a young boy from the parish grade school, named “Timothy.” Donlon did not know about Connor’s criminal background until he was contacted by a news reporter in 2002. John David Crowley 6/10/1954-6/9/1968: St. Elizabeth, Pleasant Hills, PA 6/10/1968-3/27/1969: St. Margaret, Green Tree, PA 3/28/1969-1/17/2003: Holy Angels, Hay, PA 1/10/2003: Resigned Summary: In 1992, a complaint was made by a mother and her twin adult daughters, one of whom was 16 years old at the time, about sexual abuse by Crowley. Crowley was given a one-week mental health evaluation where it was deemed his denial of any abuse was truthful and was returned to his parish. In 2001, the woman and daughters renewed their complaints and the Diocesan Review Board found the victims’ allegations to be credible and rejected Crowley’ s testimony. Crowley chose resignation on Jan. 7, 2003. Wuerl faced great scrutiny regarding Crowley’ s departure by members of the parish and the media who loved Crowley and thought Wuerl had forced Crowley out. Crowley died in 2006. Richard Deakin 3/1984-6/1987: Deacon until ordained; Assistant Pastor after ordination, St. Martin, Baltimore, MD 6/1987-8/1988: Parochial Vicar, St. Cecilia Church and Friary, Rochester, PA 1988: St. Francis Friary, Brookline, PA (in residence only) 8/15/1989: Leave of Absence 12/29/1992: Dismissed from clerical state Summary: In May 1990, Deakin was contacted by the Baltimore City Police Department about allegations that he had sexually abused a 13 -year -old girl for more than a two-year period while his was the assistant pastor of St. Martin in Baltimore, Md. At the time police contacted him, Deakin was on a leave of absence from his Order and the priesthood. Deakin was arrested on June 25, 1990. He was charged with and, in October 1990, pleaded guilty to charges of second-degree rape and sexual abuse of a child. He was sentenced to a 15 -year suspended prison sentence and five years of probation. When the victim was 13, she had surgery to remove a tumor from her chest. During this vulnerable period, Deakin assumed a prominent role in her life, being both her friend and confidant. He would visit her in the hospital regularly and they became very close. “In the winter of 1985-86,” Deakin began sexually abusing her. “The sexual relationship intensified and sex occurred in St. Martin’s Church, the rectory, Father Rich’s car, (redacted) home, and various other locations.” In an undated letter by Deakin detailed how the abuse started. He maintained the sexual contact was consensual. He went on to say that he believed that he and the victim “were both so emotionally needy that we overlooked what was right and wrong.” Deakin said he ended the relationship when he fell in love with another woman. Ferdinand B. Demsher 8/22/1946 – 7/16/1947: St. Peter, New Kensington, PA 7/17/1947 – 6/29/1949: Christ the King, Ambridge, PA 6/30/1949 – 5/20/1951: St. James, West End, PA 5/20/1951 – 6/29/1963: United States Army 7/02/1963 – 6/06/1966: Resurrection, Brookline, PA 6/07/1966 – 6/24/1983: St. Mary of the Assumption, Pittsburgh, PA Summary: On March 18, 2002, a victim contacted the Diocese to report sexual abuse by Demsher. The victim stated that the abuse occurred from 1975 to 1976 at St. Mary of the Assumption church. The victim was approximately 13 to 14 at that time. According to the victim, his grandparents arranged for him to be employed at St. Mary doing odd jobs for Demsher. One summer day, he complained of a heat rash on his inner thigh. Demsher offered to look at the rash, and the victim remembered being in Demsher’s rectory office with his pants down. He stated that Demsher had “manipulated his penis until it was hard” and when he could no longer “stand it he ejaculated.” The victim stated that he knew it was wrong, but “he \[Demsher\] could cause problems for me.” Demsher continued this pattern of abuse while the victim had the heat rash. An internal Dioesan memorandum dated April 4, 2002 ended with “we found \[the victim’s\] allegation to be credible.” The Diocese agreed to cover the cost of tuition for his daughters to attend Catholic school. On Feb. 4, 2015, a second victim came forward with allegations of abuse. He advised that Demsher engaged in sexual activity with him while he was approximately 14. He stated that the abuse occurred when he was a freshman at Central Catholic High School. The victim recalled having a cold and Demsher’s remedy was to fondle the boy’s genitals. In February 2016, a third victim claimed he was fondled by Demsher in grade school. In April 2016, a fourth victim called to report sexual abuse by Demsher from the mid -late 1960s. The Diocese provided the victim with financial help on September 9, 2016. Myles Eric Diskin 3/12/1975 – 7/17/1979: St. Paul, Butler, PA 7/18/1975 – 11/26/1981: Purification of the Blessed Virgin Mary, Ellwood City, PA 11/27/1981 – 7/05/1987: Sacred Heart, Pittsburgh, PA 7/06/1987 – 1/01/1991: Diocese of Pittsburgh 1/31/1991 – 5/24/2002: Diocese of Pittsburgh 3/19/2003: Resigned Summary: Diocesan records contain a letter dated June 2004 to Butler County District Attorney’s Office which acknowledges a series of civil lawsuits relating to Diskin’ s conduct. Three complaints had been filed with the Butler County DA alleging sexual abuse by Diskin: on a boy in the mid -1970s at a church in Butler; a girl in the mid -1970’s at the same church; and, a boy in 1976 to 1977 when the victim was 12 to 13. That abuse occurred in the school, in the rectory, in Diskin’ s automobile, in the sanctuary of the church (St. Paul), and in the victim’s home. In February 2009, a complaint of sexual abuse by Diskin was made to the Allegheny County District Attorney’s Office. Two victims reported that Diskin sexually abused them in the mid –1970s when they would have been approximately 11 and 14. A January 2015 complaint of sexual abuse was made to the Allegheny County District Attorney’s Office. An unidentified male said Diskin sexually abused him by inappropriately touching him in Butler County in 1976 to 1977 when the victim was 15 to 16. Also in January, 2015, another complaint was made to the Diocese when a woman advised that Diskin sexually abused her by inappropriately touching her in the mid-1970s in Butler County when she was a minor. Richard J. Dorsch 6/15/1970-5/20/1975: Parochial Vicar, St. Basil, Carrick, PA 5/21/1975-10/12/1977: Parochial Vicar, St. Philip, Crafton, PA 10/13/1977-3/07/1983: Parochial Vicar, All Saints, Etna, PA 3/08/1983-5/25/1985: Parochial Vicar, St. Michael, Butler, PA 6/26/1985-9/23/199: Pastor, St. Francis De Sale, McKees Rocks, PA 9/23/1991-2/07/1994: Administrator, St. Coleman, Turtle Creek, PA 2/07/1994-8/26/1994: Team Ministry, Risen Lord, Pittsburgh, PA 8/26/1994: Leave of Absence 5/28/1996: Withdrawn from ministry Summary: Dorsch was arrested on Aug. 26, 1994, following allegations arising from a child’s routine physical examination that month. At a meeting between Dorsch and Diocese officials the day of the arrest, Dorsch admitted to “inappropriately” touching the victim, holding him longer than necessary, and sitting the victim on his (Dorsch’s) lap while stroking the victim’s stomach and touching his nipples. He denied touching the boy’s genitals. In April 1995, a jury convicted Dorsch of two counts of indecent assault and one count of corrupting the morals of a minor. He was sentenced to 11 1/2 to 23 months incarceration but releases on parole one week later and admitted back to St. Luke Institute in Maryland. On Dec. 9, 1994, a second victim indicated he was sexually assaulted by Dorsch at the All Saints church in Etna when he was 10. The victim indicated the sexual abuse stopped only when Dorsch was transferred from All Saints when the victim was in eighth grade. He estimated that, in total, Dorsch assaulted him on 50 to 70 separate occasions. The victim later filed a lawsuit against the Diocese alleging a decades-long conspiracy to protect priests who molested minors. A review of Dorsch’s Diocesan file did not reveal how this lawsuit was ultimately resolved. On Feb. 25, 2004, a third victim, who served as an altar boy and attended a school associated with All Saints, described how Dorsch taught him to play racquetball and then made him sit on his lap in the hot tub. After masses, Dorsch would take the victim to play board games and put his hands down the victim’s pants. On other occasions, Dorsch would take him for car rides and make the victim touch him sexually while he drove. The victim further informed Diocesan officials that he also sexually abused by Dorsch at the “Braille Trail” (located in North Park/Allegheny County), in the sacristy, the rectory, the Shaler Racquetball Court, and in the parking lot of a local shopping center. These sexual assaults reportedly included oral and anal sex. In March 2010, the Diocese announced it would stop paying for the victim’s mental health treatment. On May 4, 2010, the victim committed suicide. A fourth victim reported that when he was in the seventh and eighth grade, Dorsch began sexually abusing him. By the end of his eighth grade school year, he was drinking heavily. At his worst, he was drinking a half gallon of vodka per day in the hopes that his drinking would kill him. A fifth victim alleged Dorsch sexually abused him when he served as an altar boy at St. Coleman at ages 12 to 14. David F. Dzermejko 5/30/1974-6/10/1979: Our Lady of the Most Blessed Sacrament, Natrona Heights, PA 6/11/1979-6/03/1984: St. Teresa of Avila, Pittsburgh, PA 6/04/1984-6/10/1991: St. Susanna, Penn Hills, PA 6/10/1991-10/26/1992: St. Jerome, Charleroi, PA 10/26/1992-6/15/2009: Mary, Mother of the Church, Charleroi, PA 6/15/2009: Leave of Absence 6/15/2009-1/18/2013: Resides at St. John Vianney Manor, Pittsburgh, PA 10/2015: Laicized Summary: Dzermejko was reported to have had inappropriate contact with several young boys, conduct which included anal and oral sexual assaults of young minors. In June 2009, a woman called to report that prior to her husband’s suicide in April, 2009, he told her that he had been sexually abused by Dzermejkko. It occurred sometime between 1979 and 1984. After meeting with representatives from the Diocese, it was decided that this victim’s family would be provided with funds for counseling. On June 19, 2009, a second victim stated that he was an altar boy at St. Teresa of Avila while he was a student at the school from 1979-1982 while he was in the fifth, sixth and seventh grades. This victim reported that he was “raped, had anal and oral sex and performed oral sex with Dave over a course of three years.” On Jan. 31, 2012, a third victim reported that he was sexually abused by Dzermejko in the late 1980’s when he was 15 to 16 years of age. On Jan. 11, 2013, law enforcement officers executed a warrant to search Dzermejko’ s rooms at St. John Vianney Manor. They seized child pornography, located on his computer and also found firearms and illegal drugs. He was arrested in April 2013 for possession of child pornography. Dzermejko admitted: That he had been viewing child pornography for in excess of 10 years; that he had historically travelled to Thailand to have sexual encounters with teen boys; and, that he had gone there as recently as the same calendar year. In November 2013, Dzermejko pled guilty to possession of child pornography in federal court. He was sentenced to three years in prison. He began serving that sentence in June 2014. Redacted – pending litigation The name of the priest, where he served and the exact incident was entirely redacted in the grand jury report. John P. Fitzgerald 5/30/1974 – 2/7/1977 St. Thomas, Braddock, PA 5/30/1974 – 2/7/1977 St. Michael, Braddock, PA 2/8/1977 – 7/7/1982 St. Michael the Archangel, Butler, PA 7/8/1982 – 3/7/1983 St. Alexis, Wexford, PA 3/8/1983 – 6/12/1988 All Saint’s, Pittsburgh, PA 6/13/1988 – 6/21/1989 St. Anselm, Pittsburgh, PA 6/21/1989 – 8/2/1991 St. Teresa of Avila, Pittsburgh, PA 8/2/1991 – 7/17/1995 St. Anthony, Bessemer, PA 11/28/1994 – 6/17/1996 Pittsburgh International Airport 1/3/1995 – 7/17/1995 St. Lawrence, Hillsville, PA 7/17/1995 – 6/17/1996 St. John Neumann, Pittsburgh, PA 6/17/1996 – 7/1/2009 Pittsburgh International Airport 7/1/2009 – 7/31/2014 Our Lady of Peace, Conway, PA Summary: In 1996 while Fitzgerald resided at Holy Trinity Church and was the Chaplain at the Pittsburgh International Airport drove a boy to a hanger in New Castle where Fitzgerald’s airplane was kept. During the ride, Fitzgerald touched the boy’s genital area. On another occasion, while they were in Fitzgerald’s airplane, Fitzgerald touched the boy’s genital area and attempted to put his hand down the boy’s pants. The boy further reported that Fitzgerald exposed himself in the Pittsburgh International Airport chapel and also had the boy perform oral sex on him “maybe half a dozen times.” Fitzgerald instructed the boy not to tell anyone, warning that he would do the same thing to his mother and sister. Fitzgerald told him, “I know when your father isn’t at home.” Fitzgerald denied the allegations. The current status of proceedings against Fitzgerald is unknown. The Diocese paid for some of the counseling and drug treatment for the male in addition to providing the family with a $40,000 reimbursement for drug treatment expenses that were incurred prior to the report being made. Joseph M. Ganter 7/1922-9/1923: Saint’s Peter & Paul, Pittsburgh, PA 9/1923-7/1932: St. Martin Church, West End, Pittsburgh, PA 7/1932-3/1942: St. Athanasius Church, West View, PA 3/1942-6/1964: St. Boniface Church, Penn, PA 6/3/1964: Retired Summary: In 2008, an 80-year-old male contacted the Diocese of Pittsburgh to report that Ganter had abused him in the 1930s when he was approximately 10 and an altar server at St. Anthanasius. When Ganter’s personal file was reviewed, an allegation from 1944 was discovered wherein an adult male had complained of immoral and corrupt relationships between Ganter and at least three teenage boys, ages 13 to 15. Two teenage boys refused Ganter’s requests for sex and received $3 and $12 from Ganter along with instructions to tell no one. A third teen engaged in a sex act with Ganter on Sept. 30, 1943. In 1945, at the request of Ganter, a Justice of the Peace conducted an investigation into the accusations. The individuals were interviewed, gave different stories and denied any supposed immoral relations with Ganter. John A. Genizer 7/31/1968-5/21/1973: Parochial Vicar, St. Paul, Butler, PA 5/22/1973-2/17/1975: Special Assignment, Office of Religious Education, Diocese of Pittsburgh Pastoral Center 5/22/1973-2/17/1975: Duquesne University-Graduate Studies 2/17/1975-8/21/1980: Assistant Director, Adult Religious Education Diocese of Pittsburgh Pastoral Center 8/25/1980-4/29/1990: Associate Spiritual Director, Mount St. Mary Seminary, Emmitsburg, MD 6/11/1990-6/10/1991: Parochial Vicar, Holy Innocents, Pittsburgh, PA 6/01/1991-2/07/1994: Assistant Chaplain Nursing Home, McGuire Memorial Home, New Brighton, PA 6/10/1991-2/07/1994: Administrator, St. Cyril & Methodius, New Brighton, PA 2/07/1994-1/17/2000: Pastor, St. Colman, Turtle Creek, PA 1/17/2000-3/12/2007: Chaplain Military -US Navy, Archdiocese for Military Services, Washington, DC 3/12/2007-7/07/2008: Administrator, St. Barbara, Bridgeville, PA 7/07/2008-6/06/2011: Parochial Vicar, St. John the Baptist, Pittsburgh, PA 6/06/2011 – present: Chaplain, Little Sisters of the Poor Summary: In a document dated July 7, 1995, it was reported that the son of a member of the Archdiocese had revealed that was fondled by Genizer in 1980 when he was 13. It was advised that the son’s parents were very involved in the church and were reputable and did not want to make the information public. It was subsequently determined that because of the sexual allegation listed in his confidential file, Genizer would not be endorsed to serve as chaplain. Genizer was assured, however, that the allegation would not affect his current standing in the Diocese because the Diocese deemed it to be an “inconclusive allegation.” After specific allegations of unnatural interest in young boys were made and documented in his file, Diocesan officials continued to write and sign letters advising that Genizer was a priest in “good standing.” A letter stated: “To the best of my knowledge, he has never engaged in sexual behavior inconsistent with priestly celibacy, nor had he ever acted in an inappropriate manner with minors.” Charles R. Ginder 8/1940-9/1942: St. Gregory, Zelienople, PA and St. Mathias, Evans City, PA 9/1972-2/1946: Society of St. Suplice (NFI) 2/1946-6/1950: Saint’s Simon & Jude, Blairsville, PA 6/1950-12/1953: St. George, Pittsburgh, PA (South Side) 12/1953-6/1959: St. Joseph, Pittsburgh, PA (North Side) 12/1954-7/1962: Censor Librorum 6/1959-2/1961: St. Mary, New Castle, PA 2/1961-8/1962: School Sisters of St. Francis, Bellevue, PA 7/1962-7/1963: Health related leave of absence 8/1963-5/1964: Our Lady of Mercy Academy (NFI) 5/1964-6/1964: St. Januarius, Pittsburgh, PA 5/1964-6/1964: St. John the Baptist, Pittsburgh, PA 6/1964-1/1967: Sick Leave 1/1967-?: St. John the Baptist, Baden, PA 1970-6/1984: Sick Leave Summary: Over the course of years, an adult male residing in Seattle, Wash. contacted the Diocese of Pittsburgh on multiple occasions, never providing details of his abuse, but he threatening to sue the Diocese. The male sent a letter stating he was taken to New York, New Jersey and Philadelphia by Ginder between 1958 and 1961. He did not provide details of any abuse, but advised that the details would be contained in a book that he planned to write. The male also advised that he was abused by another priest in Pittsburgh who now lived in Florida. He refused to name the other priest, however, in order to maintain “the element of surprise.” In September 2005, the male warned the Diocese he would be in Pittsburgh in the near future and wanted to make the abuse publicly known. He advised that he had requested that CNN and 60 Minutes accompany him. In 2006, he called the Diocese to advise that he was expecting reimbursement for the cost of many years of counseling and medication that he has incurred due to abuse by Ginder. On Nov. 28, 2007, the Diocese sent the man $4,092.00 for monthly insurance premiums. In a June 2008 letter stated that the Diocese had entered into a mediation process in connection with a lawsuit and that the man was to receive $16,000.00 as his portion of the resolution. In 2002, a 50 -year -old male living in New Jersey reported that he had been abused by Ginder when he was between the ages of 15 and 17. The male further stated that he lived with Ginder for a short time and the relationship with Ginder and others was “out of control.” He described Ginder as “a physically abusive monster.” James G. Graham 6/07/1966 – 1/23/1972: St. Lawrence O’Toole, Pittsburgh, PA 1/24/1972 – 5/29/1974: St. Elizabeth of Hungary, Pittsburgh, PA 5/30/1974 – 9/18/1978: St. Bernadette, Monroeville, PA 9/19/1978 – 4/13/2012: St. Lawrence O’Toole, Garfield, PA 4/13/2012 – 3/06/2015: Leave of Absence Summary: A long-time female partner of a male victim who died of a drug overdose in 2012 verified a letter that he wrote wherein he detailed his abuse at the hands of Graham which started when he was 9. The abuse lasted two or three years. The female partner became aware of the abuse after the birth of her daughter when the victim refused to allow Graham to baptize baby. The sister of a victim testified that when her brother was placed on a liver transplant list, she had several conversations with him about Graham. He told her about the intimacy and sex he had with Graham when he was 15. The victim died in 2002. A third victim advised that on two occasions while he was playing pool, Graham came up behind him, lowered his pants and inserted his penis into the victim’s anus. The victim was 16 -years -old at the time. All three allegations were deemed to be credible. Graham’s testimony before the Review Board was deemed not to be credible. The Review Board believed that Graham’s mental capacity was diminished due to his alcoholism. William Hildebrand No listed employment/work history Summary: In May 2014, four adult males reported that they were abused by Brother William Hildebrand, who was a member of the Marianist Order. The records indicated that the Diocese attempted to reach out to the victims regarding counseling. John S. Hoehl 1964: St. Mary Magdalene, Homestead, PA 1966: St. Francis Xavier, Pittsburgh, PA 1971: Quigley Catholic High School, Baden, PA 1985: Bishop Boyle High School, Homestead, PA 1985: St. John Joachim, Greenfield, PA 1986: Secretariat for Education, Pittsburgh, PA 1987: Shadyside Hospital, Pittsburgh, PA Summary: On May 2, 1986, a 28-year-old male reported he had been sexually abused by Hoehl. He stated that from 1972, when he was a 14-year-old freshman at Quigley High School, until 1979, when he was a senior at Duquesne University, Hoehl fondled his genitals and they performed mutual masturbation and oral sex on each other on a regular basis. At the time this disclosure was made, a young man was living with Hoehl at the rectory at St. Joachim. Found within the rectory were various drug paraphernalia, condoms and other pornographic materials, including videos and literature. In 1993, a 29 -year -old adult male reported that he had been sexually involved with Hoehl beginning in 1978 when he was 15. He stated he was sodomized on at least two occasions and that oral sex and mutual masturbation occurred on many occasions. In 1997, a 29-year-old male reported that in 1976, when he was 9, Hoehl touched and rubbed his genitals and, performed oral sex on him. He stated that the sexual activity lasted until he was 18. On Sept. 22, 2000, the male filed a lawsuit against Hoehl and the Diocese in connection with the sexual abuse. On Dec. 14, 2007, the male’s parents received a $10,000 check for emotional and financial hardship suffered. On April 26, 2002, a 33-year-old male reported sexual abuse by Hoehl at Hoehl’s private residence at Quigley in 1979 when he was 16. The male reported that Hoehl sexually abused him and provided him with drugs and alcohol until 1982. In 2004, an adult male informed the Diocese that he was sexually abused by Hoehl when he was 16 and a sophomore at Quigley. He stated that in April 1978, a friend came out to tell him that a girl was in trouble in Hoehl’ s office. The two boys ran into the office where they saw her naked from the waist down. She was being held down by an older student and Hoehl was about to rape her. The boys helped her retrieve her clothes and wanted to get her out of the office as quickly as possible. Hoehl told them that he would release the girl if they stayed behind to take her place. They agreed. Hoehl locked the office on both sides and sodomized both boys. Another victim came forward in 2004 to report that Hoehl had touched him inappropriately between 1980 and 1984. On April 21, 2008, the Diocese issued a check to the male in the amount of $10,000.00 as a pastoral gesture for the financial difficulties he had experienced. The Diocese was also notified that Hoehl fondled the genitals of a 13-year-old boy in 1979 and approached the boy in the shower. These incidents occurred at Quigley and in a “cabin at a lake.” The victim received $40,000.00 from the Diocese to settle his part of a 32-victim lawsuit against the Diocese. He later received a check in the amount of $10,000 to help with his additional expenses. Another Quigley student, who alleged previous abuse by Hoehl, reported that on graduation day, his diploma case was empty. Hoehl informed him that if he wanted his diploma, he needed to come to see him. The student never returned to get his diploma because he did not want to deal with Hoehl. During treatment, Hoehl admitted that he had been sexually involved with several high school students when he was Headmaster at Quigley. On July 1, 1987, Hoehl was appointed as a chaplain at Shadyside Hospital. However, on November 29, 1988, he was informed by the Diocese that he could no longer continue in ministry. Hoehl resigned. After the Diocese withdrew his priestly faculties, he was provided with subsistence and medical benefits for 3 ½ years. James Hopkins Unknown employment history Summary: In November 2012, the Diocese of Pittsburgh received information from an adult male about Hopkins, performing a “medical exam” on him when he was freshman at St. Fidelis Seminary High School. The exam involved the young man bending over naked in front of Hopkins and listening to Hopkins make creepy comments about his behind. In 1995, Hopkins pleaded guilty to sexually molesting an altar boy in Camden County. He received a 10-year prison sentence and was ordered to register as a sex offender. John J. Huber 6/1968-5/1973: St. Canice Church, Knoxville, PA 5/1973-5/1979: St. Joseph Church, Duquesne, PA 5/1979-6-1983: St. James Church, Sewickley, PA 6/1983-7/1984: St. Joseph Home for Aged, Pittsburgh, PA 7/1984-8/1985: St. Bernard, Mt. Lebanon, PA 8/1985-8/1991: St. Thomas Aquinas, California, PA 8/1991-12/1998: St. Catherine of Siena, Wireton, PA Summary: An adult male reported that when he was in fourth or fifth grade, a priest by the name of Father Adams had touched him in his genital area. Sometime later, the boy went to confession and told Huber that he may be attracted to men. Huber responded that he should attend one-on-one counseling sessions. During one of those sessions, Huber performed oral sex on him and then gave him $20 afterwards. The male stated that this occurred on more than one occasion. Edward G. Huff 5/22/1973 – 2/27/1978: Holy Innocents, Pittsburgh, PA 2/27/1978 – 6/29/1983: North American Martyrs, Monroeville, PA 6/29/1983 – 1/10/1987: St. Gabriel of the Sorrowful Mother, Whitehall, PA 1/10/1987 – 6/17/1991: St. Anthony, Bessemer, PA 6/17/1991 – 2/27/1992: St. Anselm, Swissvale, PA 2/27/1992 – 11/2/1992: Leave of Absence 11/2/1992 – 1/7/1993: Office for Chaplaincies and Campus Ministry 1/7/1993 – 2/16/1993: Leave of Absence 2/16/1993: Resigned Summary: Records revealed that several victims provided similar accounts of Huff allowing them to drive his car while touching them inappropriately. On June 22, 1994, Huff was arrested and charged with several crimes in Lawrence County for conduct that occurred when he was a priest at St. Anthony’s. On Aug. 21, 1996, Huff pleaded guilty and was sentenced to serve 18 months to 5 years in prison. He was paroled on August 5, 1999. There was a May 5, 2000 handwritten note (author unknown) in Huff’s file. The note stated that Huff, “admitted to touching 500 kids and targeting at least 1200 . . .” Edward Joyce 3/15/1941 – 12/04/1946: Parochial Vicar, St. James, Wilkinsburg, PA 12/05/1946 — 6/15/1955: Parochial Vicar, St. Andrew, North Side, PA 6/16/1955 — 7/29/1959: Parochial Vicar, St. Titus, Aliquippa, PA 7/29/1959 — 10/05/1959: Parochial Vicar, St. Joseph, Sharpsburg, PA 10/06/1959 — 9/21/1959 (sic): Vic Enc, St. Joseph, Sharpsburg, PA 9/22/1959 — 7/22/1963: Pastor, St. Joseph, Sharpsburg, PA 7/23/1963 — 8/27/1968: Pastor, St. Joseph, North Side, PA 8/28/1968 — 1/11/1969: Chaplain, Sisters of St. Francis, Mt. Assisi, PA Summary: In December 2002, an allegation of sexual abuse by Monsignor Joyce was made to the Allegheny County District Attorney’s Office. A male had reported to the Diocese of Pittsburgh that Joyce had inappropriately touched him from 1966 to 1968 at a church in Allegheny County. He stated that he and Joyce gave each other massages which eventually led to naked massages and heavy touching. On one occasion, he and Joyce were caught in a compromising position. After the incident, Joyce was quickly reassigned to an all-girls school. Marvin Justi 1958-1969: St. Fidelis Seminary 1969-1972: Quigley High School, Ambridge, PA 1972: Good Shepard Catholic Church, Shawnee, KS 1980: St. Cecilia Catholic Church, Ambridge, PA 2002: St. Joseph Church, Cabot, PA Summary: In August 2016, a woman reported that in June 1969, she was a 17-year-old nursing student at Sewickley Valley Hospital. During that time, Justi was a patient and she gave him a sponge bath. He became sexually aroused and insisted that she continue to wash his genitals. After that, Justi began sending her suggestive letters and notes. Her mother found the notes and reported Justi to his superior. In 1982, the woman was working at a physical therapy facility in Ambridge when Justi arrived as a patient. He proceeded to undress and refused to get dressed when she attempted to start the session. He was asked to leave and seek therapy elsewhere. In 1985, Justi appeared at the female’s house unannounced. She allowed him to enter. While there, he used the restroom. He then re -appeared in the living room naked with a freshly shaven genital area. He left after she picked up the telephone to call the police. Diocesan records contained little to no documentation on any investigation conducted by the Diocese of Pittsburgh. Bernard J. Kaczmarczyk 6/13/1957-10/19/1959: Assistant, St. Robert Bellarmine, E. McKeesport PA 10/20/1959-5/30/1961: Assistant, St. Ladislaus, Natrona, PA 5/31/1961-9/21/1967: Assistant, St. Adalbert, South Side, PA 9/22/1967-9/19/1968: Assistant, St. Stanislaus, Ambridge, PA 9/20/1968-3/01/1970: Assistant, Holy Family, Lawrenceville, PA 3/01/1970-10/26/1992: Pastor, Holy Name of Mary, Donora, PA 10/30/1992: Leave of Absence 2/28/1994: Faculties withdrawn 11/1997-1/1998: Halfway house 6/1998: Suspended as a priest Summary: On Feb. 8, 1994, a female alleged that Kaczmarczyk had sexually abused her three nephews, ages 11, 14 and 15, at the rectory in Donora and also at his home in Florida. She also reported that her nephew would frequently sleep with Kaczmarczyk, who wore his sister’s dresses as pajamas. Joseph D. Karabin 1974 – 1979: Presentation of the Blessed Virgin Mary, Midland, PA 1979 – 1980: St. Joan of Arc, Library, PA 1980: St. Joseph the Worker, New Castle, PA 1980 – 1981: Holy Name, Duquesne, PA 1981 – 1986: St. Albert the Great, Baldwin, PA 1986 – 2002: Braddock Hospital, Braddock, PA Summary: Karabin was accused of molesting two children on separate occasions in 1980 and 1985 at two different parishes. Karabin told his superiors that the second incident occurred because of the stress he was under from not having his own pastorate. Treatment records noted Karabin was not a pedophile but had a “homosexual interest in boys 15 – 18” and that the “two incidents” of “acting out” were partially due to alcohol. In October 1991, a third victim advised that he had been sexually abused by Karabin when he was approximately 13 to 14 years old and an altar boy. Karabin undressed him, fondled him and attempted anal sex with him. Karabin resigned in 2002 but continued to receive sustenance and health benefits. John Keegan Employment history unknown Summary: In April 2014, an adult male reported that from 1957 through 1961, while he was a student at North Catholic High School, Keegan fondled his genitals and masturbated him. In May 2014 a second adult male reported that Keegan fondled his genitals in 1958 or 1959 while he was a student at North Catholic High School. That same month, a fourth adult male reported incidents involving Keegan and Brother Hildebrand. The male stated that from 1956 through 1960, Keegan fondled his genitals when he was a minor attending North Catholic High School. Keegan also offered to “examine” the male’s penis because of the male’s masturbation habits. The male further reported that Hildebrand asked him whether he ever saw his sister naked. Hildebrand then attempted to fondle him sexually. Again in May 2014, a sixth complaint from an adult male alleged Keegan fondled his genitals when he was a student in 1958 or 1959 at North Catholic High School. He also stated that Keegan asked to examine his genitals while they were together in the band pit area at the school. All of the allegations were forwarded to the Allegheny County District Attorney’s Office. Redacted – pending litigation The name of the priest, where he served and the exact incident was entirely redacted in the grand jury report. Henry Krawczyk 10/09/1978 — 6/29/1983: Parochial Vicar, St. Mary, McKeesport, PA 6/29/1983 — 6/12/1988: Parochial Vicar, Our Lady of Joy, Pittsburgh, PA 6/13/1988 — 10/26/1992: Parochial Vicar, St. Therese, Munhall, PA 10/26/1992 — 10/31/1994: Team Ministry, St. Maximillian, Homestead, PA 10/31/1994 — 6/23/2003: Pastor, St. Maximillian, Homestead, PA 6/23/2003 — present: Administrative Leave Summary: In February 2005, Krawczyk pleaded guilty to one count of involuntary manslaughter, resulting from a cookout he held on June 17, 2003 where he supplied alcohol to several underage University of Pittsburgh football players. One of the players fell to his death from the roof of St. Anne. Records reveal that on three other occasions, Krawczyk was accused of providing alcohol to minors. In November 2006, a confidential memorandum state that two brothers reported that Krawczyk engaged in sexual activity with their younger brother. Their younger brother told them that he and Krawczyk would frequently get high and drunk together. On one occasion, he passed out and awoke to Krawczyk performing oral sex on him. The young man committed suicide in August 2006. The Diocese paid for or reimbursed the family for the man’s drug treatment and funeral expenses. Redacted – pending litigation The name of the priest, where he served and the exact incident was entirely redacted in the grand jury report. Edward L. Kryston 5/30/1974-6/17/1979: Assistant, St. Luke, Carnegie, PA 6/18/1979-10/05/1980: Assistant, St. John, Unity, PA 10/06/1980-7/15/1984: Assistant, St Pius X, Pittsburgh, PA 7/16/1984-6/12/1988: Parochial Vicar, St. Martin, Pittsburgh, PA 6/13/1988-6/21/1989: Parochial Vicar, Our Lady of Joy, Holiday Park, PA 6/22/1989-1/11/1996: Parochial Vicar, Holy Trinity, Moon Run, PA 1/17/1996-9/23/1996: Leave of Absence 9/23/1996-8/27/1999: Parochial Vicar, St. Albert the Great, Baldwin, PA 8/27/1999: Pastor, St. Albert the Great, Baldwin, PA Summary: Kryston was accused of and treated for an unnatural interest in girls ages 15 to 19 and sometimes younger. The president of the St. Pius Parish Council wrote to the Pittsburgh Diocese in May 1984 about receiving several complaints about Kryston’s “negative attitude, his lack of concern for the Parish, and his seemingly strong interest in young women.” Kryston denied any inappropriate conduct or behavior. In December 1985, a concerned St. Pius teacher noted and reported: Kryston’s attention to eighth and ninth grade girls, while ignoring boys; his inviting girls to the rectory to talk at 11:15 p.m.; and circling the block of a young girl and then inviting her to accompany him alone on a shopping trip. In January 1986, other documented concerns regarding Kryston included “drinking and fooling around with girls,” arranging a dinner for two in the rectory with an eighth-grade girl and asking a class how they would feel if they were naked answering the telephone. There were pornographic magazines under Kryston’s bed and that he had pictures of a young girl from the school on his wall … in various poses, such as sitting under a tree, in a bikini. It was reported to the Diocese that Kryston had invited the girl on an overnight trip to an amusement park. They were to share the same motel room. The young girl’s parents refused to give Kryston permission to take their daughter on the trip. Sister Mary Ann Lostoski, principal of the Holy Trinity school, reported Kryston was always around seventh- and eighth-grade girls and often smelled of alcohol. Kryston was granted permission to withdraw for the active ministry in August 2002, with the promise the Diocese would continue to pay for his sustenance and benefits. Anujit Kumar 4/13/2002: Parochial Vicar, India 9/2008: Missionary, St. Joan of Arc, South Park, PA Summary: In September 2008, a minor female reported that Kumar had kissed her on her lips several times using his “tongue” and was “sucking her lips.” He then asked for her telephone number and gave her his business card along with a gift. Several other altar servers witnessed the incident. Kumar was interviewed by the Clergy Office concerning the incident and admitted to the conduct. He stated that his reason for kissing her inappropriately was that he was trying to “recruit her for the convent.” The incident was reported to the South Park Police Department but the victim and her parents declined to go forward with prosecution. George Kurutz 9/21/1944 – 11/08/1944: St. Stephen, Pittsburgh, PA 11/09/1944 – 6/25/1952: St. Joseph, West Aliquippa/St. Catherine Parish, Wireton, PA 6/26/1952 – 6/15/1955: St. George, South Side, PA 6/16/1955 – 10/05/1955: Holy Trinity, McKeesport, PA 10/06/1955 – 4/10/1960: Immaculate Conception, Washington, PA 4/11/1960 – 5/30/1961: Our Lady of Consolation, Nemacolin/St. Mary Parish, Crucible/Sacred Heart, Rices Landing, PA 5/31/1961 – 5/07/1965: St. Lawrence O’Toole, Pittsburgh, PA 5/08/1965 – 6/06/1967: St. Michael, New Castle PA 6/07/1967 – 8/31/1976: St. Helen, East Pitsburgh, PA 9/01/1976: Resigned A 47-year-old female stated that she and her sister were molested by Kurutz in the late 1950’s and early 1960’s. She stated their mother sent them to Kurutz at his new parish in New Castle when she was in sixth grade. She reported that more serious incidents occurred with her sister. She also advised that her sister walked in on their mother while she was performing oral sex on Kurutz. Fidelis Lazar 1966 – 1969: St. Vincent / Latrobe, Instructor 1970 -1975: St. Bede / Bovard, Instructor 1975 – 1976: Sacred Heart / St. Mary, Instructor 08/16/1976 – 03/22/1981: St. Clare / Clairton, Parochial Vicar 03/23/1981 – 7/07/1982: St. Joan of Arc / Library, Parochial Vicar 07/08/1982 – 05/31/1984: St. Mary / New Castle, Parochial Vicar 06/01/1984 – 06/13/1986: St. Joseph / Bloomfield, Parochial Vicar 06/14/1984 – 04/23/1987: St. Teresa / Koppel, Parochial Vicar 04/23/1987 – 09/25/1989: Leave of Absence 09/25/1989: Withdrew from active priestly ministry Summary: In October 1986, an adolescent male reported he had been sexually abused by Lazar in June 1986. Lazar initially denied the allegation, stating the family was “troubled” and was singling him out. In treatment, Lazar admitted being sexually active with children after his ordination. In September 1994, another male contacted the Diocese and gave an in-person account of his abuse by Lazar. He reported that he was only 15 or 16 years of age at the time. In March 2002, the Diocese received communication from a male asking for the status of Lazar. This male reported that when Lazar was a Benedictine monk in the 1960’s, Lazar abused him while he was at St. Vincent’s Preparatory School in Latrobe. Redacted – pending litigation The name of the priest, where he served and the exact incident was entirely redacted in the grand jury report. Albert Leonard 1987: Parochial Vicar, Saint Ursula, Allison Park, PA November 1993: Leave of Absence Summary: In 1989 and 1993, the Diocese of Pittsburgh received complaints about Leonard’s behavior with children. In one case, parents expressed their concern about Leonard’s relationship with their 14-year-old son. In another case, parents expressed concern about Leonard’s relationship with their minor son and reported that he swam nude with boys. In September 1994, Leonard attempted to obtain employment with Holy Family Institute, a residential treatment facility for children. The Diocese disclosed information regarding Leonard’s sexual history with minors to the institute. Leonard complained to the Diocese that the disclosure of that information had hindered his employment. The Diocese did not notify law enforcement of Leonard’s conduct. Casimir F. Lewandowski 12/6/1945 – 10/23/1946: St. Matthew, Pittsburgh, PA (Southside) 10/24/1946 – 6/17/1953: St. Kieran, Pittsburgh, PA (Lawrenceville) 6/18/1953 – 9/16/1953: Mercy Hospital, Pittsburgh, PA 9/17/1953 – 6/7/1955: Catholic University, Washington, DC (Studies) 7/8/1954 – 9/1/1954: St. Leocadia Parish, Wilmerding, PA 6/16/1955 – 3/13/1964: Diocesan Charities 3/14/1964 – 12/16/1973: Madonna of Czestochowa, New Castle, PA 12/17/1973: Resigned Summary: A 64 -year -old female reported to the Diocese of Pittsburgh in 2016 that she was sexually abused by Lewandowski when she was approximately 12 and in sixth grade. The incident occurred when he was assigned to Madonna of Czestochowa. The woman recalled walking upstairs in the rectory with Lewandowski. She was wearing a yellow dress and recalled his erect penis and semen on her dress. He said to her, “You are a dirty little girl, aren’t you?” The Diocese informed her that the Lawrence County District Attorney’s Office would need to be contacted. The Diocese reimbursed her for the cost of years of therapy. John P. Maloney 5/27/1964 – 6/01/1971: Nativity of Our Lord, Pittsburgh, PA 6/02/1971 – 9/30/1973: St. Phillip, Pittsburgh, PA 10/01/1973 – 2/04/1979: St. Kieran, Pittsburgh, PA 2/05/1979 – 10/12/1982: St. Michael, Pittsburgh, PA 10/13/1982 – 9/03/2004: Holy Sepulcher, Butler, PA Summary: On January 7, 2004, an adult male reported he had been sexually abused as a child by Maloney beginning when he was in the eighth grade and continuing into his freshman high school year. The man said he had a newspaper delivery route that included the St. Phillip rectory. He said Maloney would sometimes invite him into the rectory to sit and talk. This usually occurred around 5:30-6 a.m. The male reported that during these times together, Maloney would take photographs of him, first fully clothed but eventually in his underwear. The man said he began delivering papers at 3 a.m. to avoid Maloney. He said sometimes Maloney still invited him into the rectory. The man said he eventually told his mother, who did not believe the abuse allegations. On Jan. 9, 2004, Maloney was placed on administrative leave and he resigned as pastor at Holy Sepulcher. On Sept. 3, 2004, Maloney’s priestly faculties were withdrawn. The victim said he befriended another priest in high school, his freshman religion class teacher “Dom McGee.” He said in his sophomore around 1973 he went to McGee’ s parents home to help McGee paint. While there, he went into the bathroom to use the toilet while McGee was in the shower. McGee became extremely upset, got out of the shower, grabbed him, pulled his pants down and masturbated him. McGee then said, “Now how do you like that, don’t you ever walk in on me again!” On Jan. 15, 2004, the man’s brother reported he had been abused by McGee on one occasion while sitting on the couch. He stated that he fell asleep and awoke to find McGee groping his genitals. Julius May No employment history given Summary: In May 2011, an adult male reported when he was a student at North Catholic High School during the 1963-1964 school year, he had developed a medical condition known as orchitis which is a form of mumps that settles in the testicles. He stated that May, who was a counselor at the high school, demanded to conduct a medical examination of his genitals. He refused and left May’s office. In May 2014, a 66-year-old male reported that he was inappropriately touched on the leg by May when he was a student at North Catholic High School during the 1962-1963 school year. He said the principal, when informed, passed off the experience as May just being friendly. Dominic McGee Employment history unknown Summary: The grand jury was provided little to no information on McGee. Three internal Diocese of Pittsburgh memorandums revealed that in January 2004 a sexual allegation was made against McGee wherein an adult male alleged that McGee masturbated him when he was a high school student in the early- to mid-1970s at Canevin High School in Allegheny County. The male’s younger brother further advised that McGee groped his genitals while he slept on a couch. The allegations were forwarded to the Allegheny County District Attorney’s Office. Donald W. McIlvane 6/26/1952-6/12/1957: Parochial Vicar, St. Stephen, Pittsburgh, PA 6/13/1957-10/31/1960: Parochial Vicar, St. Paul Cathedral, Pittsburgh, PA 11/01/1960-6/26/1962: Parochial Vicar, Resurrection, Pittsburgh, PA 6/27/1962-4/20/1966: Chaplain Correctional Institution, Allegheny County Jail 4/21/1966-6/07/1976: Administrator, St. Richard, Pittsburgh, PA 6/08/1976-11/22/1985: Pastor, Corpus Christi, Pittsburgh, PA 11/23/1985-6/01/1992: Pastor, Presentation of Virgin Mary, Midland, PA 6/01/1992-12/01/1992: Sabbatical at St. John Fisher, Pittsburgh, PA 12/01/1992-1/22/1993: Awaiting Assignment at St. John Fisher, Pittsburgh, PA 1/22/1993-6/27/1994: Parochial Vicar (Part-time), St. John Fisher, Pittsburgh, PA 6/27/1994-12/30/1994: Chaplain, Motherhouse at Sisters of Divine Providence, Allison Park, PA 9/29/2008-12/15/2008: Leave of Absence Summary: On July 22, 2008, a 43-year-old man reported that in 1973 he was in the third grade at St. Richard’s and served as an altar boy. One day he was not feeling well and McIIvane escorted him up to a bedroom in the rectory. After he lay down, McIIvane began to rub his stomach and thighs, then started to rub his penis through his clothing. McIIvane then unzipped his pants and performed oral sex on him. He said Mcllvane gave him $5. The male reported that between 1973 and 1977, McIIvane performed oral sex on him at least 40 times per year and that he was always paid afterwards with money from the parish donations. On Sept. 9, 2008, the Diocese provided the male with $5,000 to help him through some additional financial difficulties. The money was not intended to be considered as any type of reimbursement or “settlement” related to his claim. A month later, the Diocesan Review Board met and reviewed the allegations. The Board determined that the allegation could not be substantiated because the information was inconclusive and unable to be verified. The Board then recommended Mcllvane be restored to priestly ministry. Thomas McKenna 5/31/1972 – 5/21/1973: Parochial Vicar, St. Anselm, Swissvale, PA 5/22/1973 – 2/13/1978: Parochial Vicar, Immaculate Conception, Washington, PA 2/14/1978 – 10/01/1978: Chaplain, Marian Manor Nursing 10/02/1978 – 2/04/1979: Parochial Vicar, St. Maurice, Forest Hills, PA 11/01/1978 – 2/04/1979: Leave of absence, Health reasons 2/05/1979 – 8/15/1982: Parochial Vicar, St. Kieran, Lawrenceville, PA 8/16/1982 – 5/31/1984: Parochial Vicar, St. John Fisher, Churchill, PA 6/01/1984 – 9/11/1986: Parochial Vicar, Holy Innocents, Sheraden, PA 9/12/1986 – 7/21/1987: Chaplain, Sewickley Valley Hospital, PA 7/22/1987 – 8/22/1988: Chaplain, Forbes Regional Hospital, PA 8/22/1988 – 5/23/1994: Pastor, St. Edward, Blawnox, PA 5/23/1994 – 1/05/1998: Pastor, Our Lady of Fatima, Hopewell, PA 1/05/1998 – 7/31/1998: Chaplain, SCI Pittsburgh, PA 8/31/1998 – 10/30/1998: Asst. Chaplain, Allegheny University Medical Center, PA 10/30/1998: Administrator, St. Patrick – St. Stanislaus, Pittsburgh, PA 9/13/2004: Withdrew from active priestly ministry Summary: Two teenage brothers claimed to have been sexually assaulted by McKenna in the 1970s. An October 1996 Diocesan memorandum documented that McKenna was confronted with several allegations of improper sexual activity. On Oct.18, 1999, a lawsuit was filed against McKenna by an inmate incarcerated at the State Correctional Institution at Pittsburgh alleging McKenna had sexually assaulted him while he was in prison. In May 2002, the Diocese of Pittsburgh received a report from a woman who stated that McKenna had sexually abused her son in 1975. No other documentation was found in the file. In December 2004, a final summary of treatment for McKenna was diagnosed with Ephebophilia, an attraction to teenagers. Albert McMahon 7/05/1961- 7/01/1964: Team Ministry at St. Pamphilus, Beechview, PA Unknown – 9/14/1967: Parochial Vicar at Our Lady Help of Christians, Pittsburgh, PA Unknown – 2004: Province of the Immaculate Conception, New York 10/2004: Removed from active ministry Summary: On April 22, 2004, a 54-year-old female reported she was sexually abused by McMahon when she was approximately 11. She explained that she went to St. Pamphilus to play and “Father Albert” always showed her a lot of attention. She said that on a few occasions, he would have her sit on his lap and fondle her breasts and genitals. She noted that McMahon smelled of alcohol. On Jan. 10, 2014, a 63-year-old male reported that in the mid-1960s, when he was approximately 11 to 14, he served as an altar boy at St. Pamphilus. He stated that “Father Albert” would invite the altar boys to his room on Saturdays to wrestle. The man said, to the best of his knowledge, Father Albert would always invite the boys to wrestle with him individually, never in a group. The male reported that when they would wrestle, McMahon would always get on top of him and that McMahon would always have an erection. On Feb. 5, 2014, a 64-year-old male reported that when he was approximately 12 to 13 he would wrestle with McMahon. He recalled that McMahon would have an erect penis and would attempt to put it in his “behind.” No information could be located within McMahon’s files as to whether McMahon was confronted with the allegations. John J. McMahon 12/05/1940-1/14/1942: Parochial Vicar, Holy Family, Latrobe, PA 1/15/1942-6/17/1953: Parochial Vicar, St. Mary Mercy, Pittsburgh, PA 1/15/1942-6/17/1953: CCD Assistant, St. Mary Mercy, Pittsburgh, PA 6/18/1953-6/12/1957: Parochial Vicar, St. John the Baptist, Pittsburgh, PA 6/13/1957-2/19/1958: Parochial Vicar, St. Sylvester, Brentwood, PA 2/20/1958-1/19/1960: Parochial Vicar, St. Peter, Pittsburgh, PA 1/20/1960-6/07/1960: Parochial Vicar, St. Catherine, Pittsburgh, PA 6/08/1960-6/14/1970: Pastor, North American Martyr, Monroeville, PA 6/15/1970-6/30/1984: Pastor, Resurrection, Pittsburgh, PA 6/30/1984: Retired Summary: On June 14, 2004, a therapist and her client, an adult female, met with representatives of the diocese. The female explained that between 1969 and 1976 she was molested by McMahon and another priest whose name was redacted from the grand jury report. She advised that her recollection of the events was not completely clear but she estimated that it occurred when she was 7 to 15 years old. She stated that the molestation took place on the second floor of the rectory where the two priests maintained private residences. She could recall being with McMahon when he was naked. McMahon encouraged her to touch him in inappropriate areas of his body. On other occasions, other children were present and McMahon encouraged them to touch each other. The female reported that the abuse by McMahon and the other priest progressed over time from touching and fondling to sexual intercourse. Frank Meder Marianist Community. No other employment history listed. Summary: On Aug. 1, 2011, an adult female reported that Brother Meder inappropriately touched her in the late 1950s when she was approximately 8 or 9. She said Meder would invite the Troy Hill neighborhood children into the North Catholic High School to give them leftovers from the cafeteria such as drinks or candy. She stated that she followed Meder into his office and sat on his lap. He then fondled her. She stated that this abuse occurred to many children who visited the school. On April 6, 2014, an adult male reported he also had been abused by Meder when he was approximately 10 or 11 in 1953 or 1954. He said that Meder invited the Troy Hill neighborhood children into North Catholic High School to see his stamp collection on Saturdays. Meder then took each child into his office behind the kitchen and molested them. He reported that this occurred for at least two years. He also reported abuse by Brother Hildebrand. On May 5, 2014, another adult male reported that between 1955 and 1957 at North Catholic High School, when he was approximately 8 to 10, Meder offered to cut his and his brother’s hair to help his mother save money. During these monthly, Saturday haircuts, Meder would rub the boys’ thighs and smack their buttocks. Meder would then give them a bag of chips and some pop. The man’s brother confirmed this information. On May 7, 2014 a third adult male reported that in the mid-1960s at North Catholic High School when he was approximately 9 to 10 Meder invited him and other children from the Troy Hill neighborhood into the school where he took each child into his office, one at a time. He reported Meder gave them candy, but only after he spanked them. This occurred on approximately six occasions. On May 8, 2014, a fourth adult male reported that in 1953 or 1954 when he was 10 or 11, Meder invited the children into North Catholic High School on Saturdays. Meder often gave the children pop and candy. He would then line the children up, and have them take turns sitting on his lap in a rocking chair in his office. The man recalled that as a child, he “always wondered what was in Brother Franks’ pants.” When he got older, he realized that Frank had an erection. He also provided information about abuse by Brother Keegan. Redacted – pending litigation The name of the priest, where he served and the exact incident was entirely redacted in the grand jury report. Arthur R. Merrell Not specified Chaplain, Allegheny County Jail and Shuman Juvenile Detention Center 2/20/1998 Resigned Summary: In September 1997, the diocese received a report that Merrell had inappropriately touched a boy under the age of 15. Merrell admitted to the inappropriate sexual act and withdrew from the priestly ministry in February 1998. The Diocese did not forward the information to the Allegheny County District Attorney’s Office. In a confidential memorandum dated July 2014, Merrell minimized his inappropriate actions with minors and asked the diocese for money. The diocese granted Merrell’s request for a “charitable gift of money” in the sum of $5,000. Redacted – pending litigation The name of the priest, where he served and the exact incident was entirely redacted in the grand jury report. Joseph Mueller 7/05/1983 – 7/14/1984: Parochial Vicar, St. Bernard, Mt. Lebanon, PA 7/15/1984 – 6/16/1986: Parochial Vicar, Holy Spirit, West Mifflin, PA 6/16/1986 – 1/22/1987: In Residence, Cardinal Wright Center 1/23/1987 – 2/1988: St. John’s Hospital, Ministry 11/29/1988 – 2/24/2003: Administrative Leave 2/24/2003: Withdrew from Active Ministry Summary: In April 1986, a young man advised that when he was approximately 13 to 14, Mueller attempted to remove or pull down his shorts on several occasions. This occurred when he stayed overnight with Mueller at the Holy Spirit rectory. In December 1986, in a letter to the diocese, medical staff stated that they stood by their recommendation Mueller “not work with children or adolescents.” As of November 1988, Mueller’s faculties were withdrawn. Lawrence O’Connell 7/03/1930-7/21/1948 (sic): Parochial Vicar, Annunciation, North Side, PA 1/04/1940-7/23/1941: Administrator, Annunciation, North Side, PA 3/10/1946-3/27/1946: Vicar ENC, Annunciations, North Side, PA 7/22/1948-10/16/1948: Vicar ENC PRO TEM, Master Dolorosa, Chicora, PA 10/16/1948-6/25/1952: Pastor, Master Dolorosa, Chicora, PA 6/26/1952-6/28/1983: Pastor, St. Gabriel, Whitehall, PA 6/29/1983: Resigned Summary: On Jan. 7, 2004, an adult female alleged that O’Connell sexually abused her on numerous occasions when she was approximately 11 to 13. She stated that she and a friend worked in the rectory at St. Gabriel on Mondays, counting the loose change from the Sunday services. She stated that O’Connell would ask her to stay behind and then invite her into his office where he would touch her inappropriately, French-kiss her and have her perform oral sex on him. She reported that the abuse occurred once a week for over a year. O’Connell told her; “You are special and this is our special time together.” He also told her not to tell anyone about their secret because otherwise it would not be special anymore. Additionally, he told her he loved her. She stated that she remembers the feeling of dread that she had on Sunday nights knowing that she would be subjected to the sexual abuse the next day. Although she told her parents about the abuse many years later, they did not pursue the subject. On April 28, 2004, a local reporter who had been a member of O’Connell’s parish confirmed that she was among his victims. Thomas M. O’Donnell 6/1960-5/1964: St. Kieran, Lawrenceville, PA 5/1964-6/1966: St. John the Evangelist, Pittsburgh, PA 6/1966-8/1971: St. Norbert, Pittsburgh, PA 9/1971-4/1975: St. Clare, Clairton, PA 5/1975-6/1983: Annunciation, Pittsburgh, PA 6/1983-7/2000: St. Wendelin, Carrick, PA 7/2000-9/2001: St. Maximilian Kolbe, Homestead, PA 9/2001-11/2005: St. John Vianney, Pittsburgh, PA 11/2005-8/2006: St. Cyril of Alexandria, Pittsburgh, PA 8/2006-7/2014 St. Mary of Mercy, Pittsburgh, PA 7/2014 – Present Epiphany, Pittsburgh, PA Summary: In 1988, parents complained to administrators at St. Wendelin that O’Donnell was requiring boys, who were around the age of 12, to shower after basketball games and get weighed while nude. Many parents expressed displeasure that all of this was occurring while O’Donnell was present in the locker room and shower areas. Administrators told O’Donnell not to be in the locker room in the future. In early December 1988, O’Donnell was informed of the complaints against him and ordered to disassociate himself from the supervision of the athletic programs. O’Donnell also was directed to inform his coaching staff that showers and weigh-ins were not mandatory. From late December 1988 through mid-March 2002, parents continued to report to the Diocese that O’Donnell had engaged in inappropriate behavior with children. That included allegations of sharing beds with students while on trips, holding sexual conversations and having a male student wash O’Donnell’s dog while nude. O’Donnell continued to violate a diocese order not to have any contact with children. In January 2014, O’Donnell requested permission to attend a memorial mass performed by the United States Navy. The Navy required that a diocesan representative provide a letter of good standing in order to attend. The diocese provided a letter of good standing and a form indicating O’Donnell’s files had been reviewed and that “No accusations of misconduct have ever been made against him, nor has he ever been involved in any incident, to my knowledge, which has led to potential or public scandal;” and “To the best of my knowledge, he has never engaged in sexual behavior inconsistent with priestly celibacy, nor has he ever acted in an inappropriate manner with minors.” William P. O’Malley, III 6/15/1970-5/23/1973: Assistant, St. Jerome, Charleroi, PA 5/22/1973-9/14/1978: Assistant, St. Canice, Pittsburgh (Knoxville), PA 9/15/1978-3/28/1982: Assistant, St. Francis de Sales, McKees Rocks, PA 3/29/1982-11/15/1985: Assistant, St. Paul, Butler, PA 11/16/1985-8/24/1992: Pastor, St. Conrad, Meridian, PA 8/25/1992-8/10/1995: Auditor-Assessor Tribunal, Diocese of Pittsburgh 8/11/1995-6/29/1997: Pastor at Devine Mercy, Beaver Falls, PA 6/30/1997-12/14/1997: Pastor at St. Irenaeus, Oakmont, PA 12/15/1997-11/15/1998: Requested Leave of Absence for Personal Reasons 11/16/1998-5/18/2003: Canonical Consultant Tribunal, Diocese of Pittsburgh 5/19/2003: Withdrawn from active Priestly Ministry Summary: On April 21, 1991, the Diocese received a complaint that O’Malley was having young people spend too much time at the St. Conrad rectory. On this same date, two ministers relayed allegations that O’Malley had given an underage boy numerous gifts, including remote control cars, electronic devices, use of O’Malley’s credit card, and at least one trip to the Bahamas. O’Malley denied any wrongdoing. An audit discovered that O’Malley and a teenager had a joint bank account together and that the boy stayed at the rectory and was the primary user of new guest furniture that had been purchased by O’Malley. On Dec. 23, 1993, an adult male reported that he was sexually assaulted by O’Malley when he was approximately 22. On December 12, 1997, an adult male advised that he was sexually abused by O’Malley in 1978 when he was approximately 11 to 12. He stated that O’Malley provided him with alcohol and then, after he went to bed, O’Malley got into bed with him, removed his shorts, and fondled his genitals. In December 1997, O’Malley was granted a leave of absence and sent for treatment. On Jan. 12, 1998, a confidential memorandum advised that O’Malley was given a diagnosis of “ephebophilia,” based on his admitted sexual interest in adolescents and that O’Malley was at a high risk for seeking emotional gratification with adolescents. On Feb. 12, 1998, a letter was sent from a psychiatrist regarding O’Malley noted that O’Malley “describes no sexual interest or experiences with any youngster who was not a teenager” and that “the incidents that occurred number 5 or less, were never repeated with the same individual, and never included anything more than touching with his hands.” The doctor further stated that no sexual activity with minors had reoccurred since 1982 and that O’Malley should be allowed to return to his ministry. On Feb. 20, 1998, a confidential letter advised that during treatment O’Malley stated that he had a fantasy for “well-built 16-, 17- or 18-year-olds,” along with a continued overinvolvement with youth, and an inappropriate preoccupation with things that attract youth. From April 5, 2002 to Jan. 13, 2006, six additional victims independently came forward to report that they were sexually assaulted by O’Malley. Three advised they were sexually abused in the 1970s when their ages ranged from 8 to 14. The three remaining victims advised that they were sexually assaulted in the mid-1990s and as recently as 1999. These three victims ranged in age from 11 to 17. Ernest Paone No further information on Paone was listed in the grand jury report. George Parme 7/22/1948 – 2/6/1952: St. Peter, Butler, PA 2/7/1952 – 1/30/1957: St. Aloysius, Wilmerding, PA 1/31/1957 – 8/11/1958: Presentation BVM, Midland, PA 8/12/1958 – 10/15/1958: No Assignment 10/16/1958 – 1/19/1960: Most Holy Name, Troy Hill 1/20/1960 – 6/7/1960: No Assignment, in residence at St. Patrick, Strip District 6/8/1960 – 10/13/1963: St. Catherine, Beechview, PA 10/14/1963 – 12/13/1963: St. Agnes, Oakland, PA 12/14/1963 – 5/26/1964: St. Joseph, North Side, PA 5/27/1964 – 1/30/1968: Mt. Nazareth Academy, Bellevue, PA 1/31/1968 – 11/17/1969: Mother of Good Council, Brushton, PA 11/18/1969 – 11/14/1974: St. Louis and St. Pascal, Argentine 11/15/1974 – 6/19/1989: St. Cecilia, Glassport, PA Summary: According to a lawsuit, the victim served as an altar boy at St. Aloysius. In 1954, when the victm was approximately 13 years old, Parme fondled his genitals while he was getting dressed before mass in the sacristy. It was also alleged that abuse occurred in Parme’ s car. The abuse continued for one year. The Diocese agreed to pay a total amount of $1.25 Million to 31 plaintiffs in the lawsuit. Paul E. Pindel 6/21/1951-12/03/1952: St. Stanislaus, Ambridge, PA 12/04/1952-12/16/1953: St. John Cantius, Sharpsburg, PA 12/17/1953-6/12/1957: St. Robert Bellarmine, E. McKeesport, PA 6/13/1957-6/09/1959: Holy Family, Pittsburgh, PA 6/10/1059-12/07/1960: Holy Angels, Hays, PA 12/08/1960-6/06/1966: St. William, E. Pittsburgh, PA 6/07/1966-3/27/1969: St. Martin, Pittsburgh, PA 3/28/1969-11/01/1971: St. Rose of Lima, Darlington, St. Ann, New Galilee 11/02/1971-10/13/1973: Chaplain, Gilmary School, Coraopolis, PA 10/14/1973-12/09/1985: St. Genevieve, Canonsburg, PA 12/10/1985-7/06/1989: St. Hyacinth, Pittsburgh, PA 7/06/1989-2/26/1991: Leave of Absence (Brain Tumor) Summary: In April 2012, an adult male alleged Pindel inappropriately touched him when he was between 13 and 15 from 1957 through 1960 in Allegheny County and Butler County. The victim also recalled going to a drive-in where Pindel performed oral sex on him. Even after Pindel was transferred, he would continue to go to the victim’s house, take the victim places and often give the victim money. In May 2003, the Diocese received an allegation that Pindel engaged in inappropriate sexual contact with a minor who was an eighth grade student at St. William around 1965. According to the victim, once he entered high school, Pindel had senior boys threaten and beat him up so that he would not disclose the prior sexual contact. According to the victim, he attempted several times to discuss what happened to him but was told it would never go anywhere because they would believe a priest over a boy. The victim attempted to talk to another priest and was told that he should be ashamed of himself. In August 2011, it was reported that Pindel engaged in inappropriate sexual contact with a minor between the ages of 6 and 9 between 1980 and 1984 in Washington County. The victim stated that the abuse began when he was 6. He related that he would be pulled out of class by Pindel and taken to the rectory where he would be sexual assaulted. Pittsburgh Priest #1 Omitted Summary: In 2004, a priest had a discussion with a TV reporter who said they were preparing to do a story about a World War II veteran who said he was sexually abused by a priest 70 years earlier. While the priest was never mentioned in the memorandum, he did state that the priest in question died in 1958. Francis Pucci 6/13/1957: Parochial Vicar, St. Vitus, New Castle, PA 11/29/1961: Parochial Vicar, Our Lady of Mount Carmel, Braddock, PA 6/17/1962: Parochial Vicar, St. Vitus, New Castle, PA 5/13/1965: Parochial Vicar, St. Mary, McKeesport, PA 6/07/1966: Parochial Vicar, Epiphany, Uptown, PA 6/10/1968: Headmaster, Lawrenceville Catholic 3/28/1969: South Side Catholic, Consolidation 6/15/1970: Administration, St. Januarius, Renton, PA 5/22/1972: Pastor, St. Eugene, Liberty Boro, PA 7/02/1973: Pastor, Purification, Ellwood City, PA 10/06/1980: Pastor, St. Joseph, Coraopolis, PA 9/30/1981: Pastor, St. Alphonsus, McDonald, PA 7/01/1984: Pastor, Our Lady of Lourdes, Burgettstown, PA 2/15/1987: Pastor, Immaculate Conception, Washington, PA 10/29/1987: Leave of Absence, Health reasons 2/10/1992: Retired Summary: Pucci was named in the following allegations: In 2002, a man revealed that Pucci fondled him to the point of ejaculation in 1962. In 2004, a man said Pucci inappropriately touched him in 1988. This occurred when he was a minor. In 2007, a man reported Pucci engaged in inappropriate sexual touching with him when he was a minor at a church in Corapolis. In November 2014, a man said Pucci touched him sexually in 1981 and 1982 at a church in Corapolis. He was an altar server during that time, and Pucci would instruct him to wear either nothing or jock straps underneath his cassocks. In December 2014, another man said Pucci sexually touched him when he was a minor around 1981 and 1982 at a church in Allegheny County. In May 2016, Washington County District Attorney’s Office received a report from an anonymous man who said Pucci touched him sexually in 1983 at a church in McDonald. In October 2016, a man reported Pucci sexually touched him while at a church in Coraopolis in 1980. John W. Rebel 5/13/1965 – 6/6/1967: St. Bernard, Mt. Lebanon, PA 6/7/1967 – 8/27/1967: St. Veronica, Ambridge, PA 8/28/1967 – 9/19/1968: St. Joseph, Verona, PA 9/20/1968 – 5/22/1973: St. Michael, Elizabeth, PA 5/23/1973 – 8/15/1974: Leave of Absence 6/8/1973 – 8/15/1974: St. Kieran, Lawrenceville, PA 8/16/1974 – 11/4/1976: Assumption, Bellevue, PA 11/5/1976 – 6/29/1981: St. Margaret Mary, Moon Township, PA 6/30/1981 – 7/7/1982: St. Anselm, Swissvale, PA 7/8/1982 – 7/2/2001: St. Killian, Mars, PA 7/2/2001 – 6/15/2002: St. Bartholomew, Penn Hills, PA, Sabbatical Second Semester of 2001-2002 1/15/2002 – 7/3/2002: Sabbatical at North American College in Rome 7/3/2002 – 9/1/2010: St. James the Apostle, Bedford, PA Summary: The diocese received a report that Rebel molested a boy in a boy’s bedroom when he was 10 or 12 years old in the 1970s following a home mass. In 2009, the diocese met with the parents of the victim, who said that their son (now deceased) told them of the abuse years after it happened. They stated that Rebel would often drive their son home after CCD and, while the parents didn’t know what was going on in the rides, it became clear from their son’s level of emotion that sexual abuse may have occurred. Later in 2009, Rebel met with the diocese about the allegations, and he said that while he remembered the parents, he didn’t remember the children nor having a home mass. In May 2009, the parents met with Bishop Zubik, who told the parents he spoke to Rebel and heard his denial. Zubik felt that Rebel was telling the truth, and while Zubik believed what the son had alleged, he felt that perhaps the abuse was committed by another priest. After reviewing church records, it was in all likelihood that another priest was the parish priest at the time when the abuse occurred, and advised that the church would conduct more research. Based on the files presented, it did not appear any further investigation was conducted. Raymond R. Rhoden 11/05/1976-7/07/1982: Parochial Vicar, Nativity of Our Lord, Pittsburgh, PA 7/08/1982-6/21/1989: Parochial Vicar, St. Francis of Assisi, Finleyville, PA 8/25/1988-6/21/1989: Chaplain, part-time, Monongahela Valley Catholic High School, Monongahela, PA 6/21/1989-10/05/1992: Chaplain, part-time, Our Lady of Sacred Heart High School, Coraopolis, PA 6/21/1989-10/05/1992: Parochial Vicar, St. Joseph, Coraopolis, PA 10/05/1992-10/26/1992: Administrator, St. Philip Neri, Donora, PA 10/26/1992-6/30/1997: Team Ministry -Moderator, Our Lady of the Valley, Donora, PA 6/30/1997-5/17/2002: Pastor, St. James, Sewickley, PA 5/17/2002: Administrative Leave 7/05/2002: Withdrew from active priestly ministry; Retired Summary: In 2002, the parents of an adult male met with diocesan officials in Pittsburgh to report that their son was sexually abused by Rhoden between 1976 and 1977. Rohden was considered a family friend, and that he spent a lot of time at their home. The son informed them that Rhoden fondled him and performed oral sex over a number of months when he was 16 or 17 years old. The parents said they spoke to Bishop McDowell about the sexual abuse, and he told them that he would take care of the allegations. However, they never heard from him again. Carl Roemele 5/1963-5/1964: St. Joseph, Mt. Oliver, PA 5/1964-6/1966: St. Alexis, Wexford, PA 6/1966-8/1967: St. William, Pittsburgh, PA 8/1967-5/1972: St. Joseph, Duquesne, PA 5/1972-9/1975: St. Agatha, Bridgeville, PA 9/1975-2/1976: Allegheny Community College, Pittsburgh, PA 9/1975-2/1976: Epiphany, Pittsburgh, PA 9/1975-2/1976: Allegheny County Jail, Pittsburgh, PA 2/1976-8/1976: Leave of absence; voluntary laicization Summary: The diocese received a letter in June 1967 that revealed Roemele was engaged in sexual misconduct with four different young boys. The woman said Roemele made sexual advances toward her son, his friend and then another boy in a separate incident. She said that while at a camp site, Roemele told him a fourth boy to shower after swimming. Roemele then entered the shower, and when Roemele dropped the soap, he tried to bite the boy. In mid-August 2004, another man said he was abused by Roemele while an altar boy at St. Joseph. He said Roemele would grope and fondle him and two other altar servers before mass. The victim said the abuse would last about 20 to 30 minutes each time, over the course of a year. In October 2010, the diocese received a phone call from a mother who said her son was sexually abused by Roemele when he was 10. Roemele would take them to a cabin she referred to as “Mo’s cabin.” She explained that her son died in 2003 after complications from alcoholism, adding that he began drinking in 1969 when he was just 10 years old. When confronted in early 2009 about some of the allegations, Roemele ultimately denied all of them, saying that they likely misinterpreted his actions towards them as sexually abusive and they were not meant in that way. Michael C. Romero 10/13/1977-2/23/1978: Parochial Vicar, North American Martyrs, Monroeville, PA 2/24/1978-7/07/1982: Parochial Vicar, Immaculate Conception, Washington, PA 7/08/1982-6/02/1985: Parochial Vicar, St. Veronica, Ambridge, PA 6/03/1985-3/15/1990: Parochial Vicar, St. Basil, Carrick, PA 3/15/1990-6/17/2000: Leave of Absence Summary: The first allegation of abuse came in 2013. The diocese received a phone call from a woman who said her boyfriend was sexually abused by Romero when he was assigned to Immaculate Conception. The woman said her boyfriend’s mother contacted the diocese to report the abuse, but no report about the allegation was made at that time. The mother told the diocese and said that Romero bought her son all kinds of gifts, including a ski jacket. In 2013, the son contacted the diocese to report “questionable behavior” from when he was a child. He said that “things” happened, but he was reluctant to talk about anything else. Romero and another priest were often heard talking about masturbation in front of him and the other young boys, the man said. A 2012 memorandium included information about a second abuse allegation against Romero, who said he was sexually abused by Romero while at Immaculate Conception. No other information about that victim was provided. Oswald E. Romero 1955-1965: St. Francis Borja HS, Quito, Ecuador 1961-1965: Jesuit College & University, Quito, Ecuador 1961-1965: Catholic University, Quito, Ecuador 1966-1977: University of Pittsburgh 1977-1993: Chaplin, St. Joseph House of Hospitality, Pittsburgh, PA 1993: Retired 1991-1997: St. Mary of Mercy, (Confessor), Pittsburgh, PA Summary: In April 2006, a 53-year-old man accused Romero of sexually abusing him between the ages of 13 and 14 (1966 or 1967). The victim attended St. Regis in Oakland and was familiar with Romero, where Romero assisted from time to time. The victim said that during a driving lesson, Romero had the victim sit on his lap, but he was driven home without incident. During a second lesson, Romero began to run his leg and eventually his genitals. Romero proceeded to perform oral sex on him. After the incident, he jumped out of the car and fled home. David Scharf 6/03/1985: Parochial Vicar, St. Michael Archangel, Butler, PA 6/15/1987: Parochial Vicar, Our Lady of Grace, Scott Township, PA 2/11/1992: Parochial Vicar, Our Lady of Fatima, Hopewell Township, PA 1/27/1997: Parochial Vicar, St. Robert Bellarmine, East McKeesport, PA 8/31/1998: Sabbatical 1/20/1999: Parochial Vicar, St. Hugh, Carmichaels, PA 12/13/1999: Pastor, St. Philomena, Beaver Falls, PA 11/21/2003: Leave of Absence 8/17/2009: Chaplain, Sisters of St. Joseph, Baden, PA Summary: In 2002, several boys and men complained of Scharf massaging their feet. In 2003, Scharf requested a leave of absence to attend St. Luke Institute for evaluation in order to “end accusations. He was granted that. In 2005, the staff noted his discharge from a halfway house that he did not successfully complete the program and was at a high risk for re-offending. In 2007 and 2008, he wrote requests to be re-instated into the ministry, but both requests were denied. Richard Scherer 6/30/1949 – 6/09/1954: Assistant, St. Charles, Donora 6/10/1954 – 3/03/1964: Assistant, St. Anne, Castle Shannon 3/04/1964 – 2/02/1965: Assistant, St. Coleman, Turtle Creek 2/03/1965 – 6/1965: Assistant, St. Patrick, Canonsburg, PA 6/1965 – 5/1968: Sick Leave 5/1968 – 1992: Chaplain, Holy Cross Hospital, Diocese of Miami, FL 1992: Retired Summary: Diocese records show that in August 1991, a woman reported that she was sexually molested by Scherer when she was a student at St. Anne between 1957 and 1961. A letter dated 1965, Scherer wrote of his “revelation” of his nervous breakdown resulting from the “relationship” with the woman. Raymond T. Schultz 7/17/1947-1/19/1949: St. Mary, Kittaning, PA 1/20/1949-6/28/1950: St. Leonard, Monessen, PA 6/29/1950-6/15/1955: Holy Rosary, Homewood, PA 6/16/1955-6/12/1957: St. Margaret, Greentree, PA 6/13/1957-4/20/1966: Catholic Information Center, Diocese, 12/29/1964-4/20/1966: St. Richard, Pittsburgh, PA 4/21/1966-1/22/1997: Pastor, SS Peter & Paul, Beaver, PA 1/22/1997-10/15/1999: ADM, SS Peter & Paul, Beaver, PA Summary: In 2009, a man reported that around 1978, he was sexually abused at a school in Beaver. The man’s mother and father were not aware of the abuse until it was reported in 2009. The victim’s mother indicated that she recalled an incident where she was doing laundry and discovered her son’s underwear was in the pocket of his pants. The son told her that he had an accident and she did not ask further questions. In 2010, a psychologist reported seeing the victim since 2007 and treated him for PTSD symptoms. The victim reported dreams of the sensation of breath on the back of his neck from when Schultz was sexually assaulting him. He also recalled a particularly distressing incident of anal penetration by Schultz that occurred on a rainy day when his clothes were wet. Francis Siler 5/20/1963: Parochial Vicar, Nativity, Broughton, PA 6/15/1970: Parochial Vicar St. Bernard, Mt Lebanon, PA 12/06/1972: Parochial Vicar, St. Titus, Aliquippa, PA 8/08/1974: Leave of Absence 5/21/1975: Parochial Vicar, St. Catherine, Wildwood, PA 10/11/1976: Pastor, St. Margaret, New Castle, PA 2/08/1983: Pastor, St. Catherine, Wildwood, PA 5/12/1984: Parochial Vicar, St. Agnes, West Mifflin, PA 7/01/1985: Leave of Absence, Health Reasons 2/24/1986: Chaplain, Allegheny Valley Hospital, PA 9/27/1987: Parochial Vicar, St. Mary Mercy, Pittsburgh, PA 2/25/2002: Leave of Absence 7/05/2002: Withdrew from Active Ministry Summary: A diocesan record of Siler revealed a reference in a clinic report that “sexual problems with adolescents” had occurred in 1972, which caused Bishop Leonard to change Silers assignment. In 1974, Leonard wrote in a letter that “in the last three years, the problem arose about which I spoke to you in a phone conversation.” A 1985 memorandum to another bishop from a priest said that Siler “made a pass at a young boy whose father is a policeman. The irate father was about to take the matter to court. It was this that necessitated our quick removal of Siler from the post.” In 1994, a man came to see Siler to confront him about molesting him as a child. After the confrontation, Siler required hospitalization for suicidal feelings. In 1995, a man reported that Siler fondled him on several occasions when he was ana ltar boy in the second or third grade. Siler denied the allegations. In 2002, another allegation was made against Siler. A man said that Siler touched him inappropriately when he was a child between 1972 and 1973. In 2011, another man reported Siler groped and fondled him through his clothes between 1972 and 1974 at a Beaver County church. Rudolph M. Silvers 5/21/1975-5/18/1980: Parochial Vicar, St. Sylvester, Pittsburgh, PA 5/19/1980-7/07/1982: Parochial Vicar, St. Robert Bellarmine, East McKeesport, PA 7/08/1982-6/28/1983: Parochial Vicar, St. Canice, Pittsburgh, PA 6/06/1983-6/15/1986: Assist. Dir. Vocation Office, Diocese of Pittsburgh Pastoral Center 6/16/1986-8/01/1986: Parochial Vicar, St. Peter, Butler, PA 8/02/1986-2/07/1994: Pastor, St. Peter, Butler, PA 2/07/1994-6/27/1994: Replacement Ministry, St. Vincent de Paul, New Castle, PA 6/27/1994-2/25/2002: Pastor, St. Ann, Bulger, PA 2/25/2002-7/24/2002: Leave of Absence 7/24/2002: Withdrawn from service Summary: Silvers is accused in multiple abuse cases: In 1988, an 18-year-old man reported Silvers fondled him when he was between the ages of 12 and 15. The victim said Silvers had sexually fondled him and “taken advantage of him.” He said he felt overwhelmed and that people did not believe him. In 2002, Silvers was confronted with the allegations and he denied sexual contact. When confronted with the fact that the victim traveled to St. Anne’s to confront him, Silvers became vague and evasive. In 1990, a mother met with a priest to express her concerns with Silvers inappropriate and unnatural attachment to her son. She said Silvers called the son at least three times per week, offered him various gifts, and also stayed overnight at the rectory without parental permission. In a file dated July 19, 1991, the priest wrote that he had reviewed the concerns of the mother, but there was never any accusations of sexual behavior. In a notation dated in 2002, Silvers was placed on administrative leave. Silvers later resigned. In 2012, a man reported that he was sexually abused by Silvers in the mid-late 1970s at St. Sylvester when he was 10 or 11 years old. The man said that Silvers would invite several boys to the rectory on Friday and Saturday evening and that they would go down to the recreation area in the basement to play games. During the visits, he would grab at the boys’ butt and genitals. The man said Silvers would get very excited, and eventually he would take one of the boys up to his private living quarters and be gone for 30 to 45 minutes, returning looking very pale and not talking for the rest of the evening. Edward P. Smith Unavailable Sacred Heart Church, Emsworth, PA Summary: Several legal documents in diocesan records revealed Smith was accused of sexually abusing a 16-year-old girl while at Sacred heart. The abuse included Smith fondled her, and that the girl “believed that it would be sinful or wrong to make any kind of accusation against a priest or a bishop.” James E. Somma 7/10/1959 – 4/19/1964: Purification of the Blessed Virgin Mary, Ellwood City, PA 4/20/1964 – 5/04/1964: St. Pius V., McKeesport, PA 5/05/1964 – 6/21/1984: Archdiocese for Military Services, Washington, DC 6/22/1984 – 5/11/1985: St. Aloysius, Pittsburgh, PA 5/12/1985 – 1/08/1992: Nativity, Pittsburgh, PA 1/08/1992 – 2/07/1994: Holy Trinity, West Mifflin, PA 2/07/1994 – 2/07/2002: Forbes Regional Hospital- Monroeville & St. Michael, Pitcairn, PA Summary: In 1986, Father Nicholas Datillo stated that he spoke with a victim who said a priest sexually abused her for seven years. She provided the priest’s name, but the name was not provided in Datillo’s letter. The victim was worried “that the priest was not a pastor and could be out there harming other children.” When Datillo spoke with two bishops on the matter, he said, “until she gives her name, we have no credible evidence.” Datillo and another priest met with Somma following another phone call from the victim in 1988, and Datillo concluded that Somma should not be removed from ministry based on his “strong denial, sterling military career, the passage of time and the victim’s admitted psychiatric treatment.” Somma was evaluated at the St. Luke Institute in February 1988. In 2002, the victim sent a letter to Datillo saying she was in counseling and had filed a lawsuit. The report said that Somma forced her to engage in oral sex and sexual intercourse with him until her late teens. The lawsuit was dismissed based upon the statue of limitations. Later in 2002, a second victim said that while watching XXX movies with Somma, Somma placed his hands down his own pants and talked about masturbation. They fell asleep under the covers and Somma “cuddled him like a teddy bear.” The second victim said Somma had him fly from Ludwig, Illinois to the Pittsburg area, where they would watch pornography and talk about masturbation. The victim said he was sexually abused by Somma, but not molested.” Bartley A. Sorensen 11/1/1976 – 6/29/1981: St. Ferdinand, Cranberry, PA 6/30/1981 – 6/28/1983: St. Colman, Turtle Creek, PA 6/29/1983 – 1/31/1985: St. James, Sewickley, PA 2/1/1985 – 6/11/1990: St. Valentine, Bethal Park, PA 6/11/1990 – 6/1/1992: Our Lady of the Most Blessed Sacrament 6/1/1992 – 9/1/1995: Mater Dolorosa, Chicora, PA 9/1/1995 – 9/10/1999: St. Joseph, Chicora, PA 9/1/1995 – 9/10/1999: Mater Dolorosa, Chicora, PA 9/10/1999 – 1/27/2003: St. Victor, Bairdford, PA 2/9/2004 – 2/4/2011: West Penn Hospital, Pittsburgh, PA 2/4/2011 – 11/14/2011: St. Ann, Pittsburgh, PA 11/14/2011 – 12/9/2011: St. John Fisher, Pittsburgh, PA Summary: In December 2001, a woman went into the residence of Sorensen and saw he was looking at child pornography on his computer. She believed that the child was older than five years old, but no more than 10. When she questioned him, he acknowledged it. The woman left and reported it to the diocese. The diocese then immediately contacted the Allegheny County District Attorney’s Office. Sorensen was arrested that day. A search of his computer revealed over 5,000 images of child pornography on his computer, as well as on CDs, DVDs and various print books. Sorenson entered a guilty plea in 2012, and was sentenced to 97 months incarceration, followed by five years of supervised release. He is required to permanently register as a convicted sex offender and pay a $25,000 fine. Robert E. Spangenberg 1974: Faculty, Holy Ghost Preparatory School, Bensalem, PA N/A: Associate Pastor, St. Mary Detroit, MI N/A – 1977: Associate Pastor, St. Anthony Millvale, PA 1977 – 1979: Unknown ministry, North Carolina 1979 – 1980: Assistant Pastor, St. Mary, Sharpsburg, PA 1980 – N/A: Chaplain, St. Francis de Sale High School, Chicago, IL 1982 – 1984: Pastor, St. Stanislaus, Pittsburgh, PA 1984 – 1989: Pastor, St. Anthony, Millvale, PA 1989 – 1990: Superior of the Congregation Retirement home, Sarasota, FL 1990 – 1993: Pastor, St. Patrick, Charleston, SC 1993 – N/A: Administrator, St. Peter Claver, Philadelphia, PA 1994 – N/A: Pastor, St. James, Hamlet, NC 1997 – N/A: Pastor, Epiphany, Pittsburgh, PA 2002: Director of Retirement community, Sarasota, FL 2003: Retired Summary: Documents provided by the diocese revealed that Spangenberg was involved with at least two children, possibly more. In 1988, a woman wrote the diocese to obtain help for her son, who was abused by Spangenberg and another priest from his order was helping them with counseling. She was upset, noting that the issue was just simply “noted” and she had not heard anyone. Spangenberg was reassigned to a retirement home in Florida shortly after. In 1989, an official wrote a letter to one of the boy’s family where he said “excessive use of alcohol contributed significantly to clouding the judgement and perception and further exacerbates the reliability of memory both at the time of the incident,” but acknowledged that he “believed that Father Spangenberg exercised questionable judgement.” In 2009, a man reported that when he was 15 or 16, he and Spangenberg engaged in many types of sexual encounters. The boy reported that he was involved in street prostitution with young boys known as “Hustlers.” Spangenberg also paid the boy a finder’s fee to help him locate younger hustlers (known as “chickens”) to have sex with Spangenberg. The boy noted that Spangenberg was a “really sick guy – he would have person urinate and defecate on him.” Paul G. Spisak 5/22/1973-10/01/1978: St. Mary of the Mount, Pittsburgh, PA 10/02/1978-10/05/1980: St. Benedict the Abbot, McMurray, PA 10/06/1980-11/19/1981: Sacred Heart, Pittsburgh, PA 11/20/1981-6/29/1990: St. Dominic, Donora, PA 6/25/1988-6/29/1990: St. Charles, Donora, PA 6/30/1990-2/07/1994: St. Philip, Pittsburgh, PA 2/07/1994-2/12/1997: St. Andrew, Butler, PA 2/16/1998-10/26/1998: St. Mary, Cecil, PA 7/03/2000-7/11/2002: Chaplain Nursing Home, Allison Park, PA 7/03/2000-7/11/2002: Chaplain Nursing Home, Pittsburgh, PA 5/30/2003: Removed from ministry Summary: In October 1998, parish staff from St. Dominic reported finding pornographic magazines, tapes and internet material in Spisak’s room that depicted homosexual and sadomasochistic activity. There were also several pictures of Spisak with two different underage boys, including pictures of the boys showing their butt and pictures of Spisak pulling down his and the boy’s pants. Spisak allegedly destroyed these pictures. A diocesan employee said Spisak had written her a note that he was going to St. Luke’s for evaluations, but that he “hadn’t done anything wrong in the past or in the present.” She said that she started to feel uncomfortable about the attention he gave her son, and that her son would often leave when Spisak was expected to arrive. In 1998, Spisak admitted to taking the photos sometime between 1981 and 1990, and said they were very innocent and “just for fun.” Spisak’s evaluation, in a letter from the diocese, diagnosed Spisak as having a sexual disorder, and showed a “significant interest in grade school aged males.” A psychotherapist for almost two years wrote the diocese in 2002, saying he hoped Spisak’s priestly ministry could be “reestablished in the future.” He added that “allegations of inappropriate sexual contact with a young man who was mentored by Spisak are not only unsubstantiated, but also not highly credible.” In 2006, Spisak pled guilty to a disorderly conduct charge and had to pay a $300 fine. He was arrested in April 2006 after he was caught recording another man in the rear corner stall of the bathroom. Spisak originally denied having a camera, then faked being ill and ran into the bathroom. A security guard followed Spisak and saw him flush the memory card from the camera down the toilet. Spisak later admitted to police that he had a “sexual fixation with the male buttocks.” Lawrence F. Stebler 5/20/1963 – 8/27/1967: St. Hilary, Washington, PA 8/28/1967 – 11/30/1969: Our Lady of Fatima, Hopewell Township, PA 12/1/1969 – 6/13/1988: St. Stephen, Hazelwood, PA 6/14/1988 – 1/1/1996: St. Victor, Bairdford, PA 1/1/1996 – 6/17/1996: Leave of Absence 6/17/1996 – 6/9/1997: St. Theresa of Avila, Perrysville, PA Summary: The diocese received a report from an adult man that said when he was eight or nine years old, he was sexually abused by Stebler. In a statement, he said “He would then touch my head, eyes, chest, belly, waist and then lower than that… He said my mom and dad said it was OK and that he was blessing my organs.” The victim said this happened for two or three years. In 2006, the victim’s therapist wrote the diocese saying, the man has had two suicide attempts, several flashbacks, anxiety and panic attacks. Richard Gerard Terdine 5/13/1965: St. Vitus, New Castle, PA 12/06/1965: St. Scholastica, Aspinwall, PA 9/22/1967: Our Lady of Grace, Scott Township, PA 6/10/1968: St. Lawrence O’Toole, Garfield, PA 6/15/1970: Epiphany, Uptown, Pittsburgh, PA 9/01/1971: Duquesne University, Graduate Assistant, Pittsburgh, PA 5/31/1972: St. Basil, Carrick, PA 8/09/1973: Purification of the Blessed Virgin Mary 5/31/1974: Intermediate Schools Unit, Psychologist 11/22/1986: St. Peter, McKeesport, PA 1/16/1989: Cardinal Wright Center/ Without Assignment 11/06/1989: Leave of Absence 7/02/1990: UPMC Shadyside Hospital, Pittsburgh, PA 6/17/1996: UPMC Presbyterian Hospital, Pittsburgh, PA 7/01/2009: UPMC Shadyside Hospital, Pittsburgh, PA 6/25/2012: Present: St John Vianney Manor, Pittsburgh, PA Summary: In 2003, an allegation was detailed that in 1988, Terdine touched or patted the genital area of the boy on two-to-three occasions, gave the boy an x-rated video to watch and massaged his back. Diocesan officials met with Terdine, who denied any sexual touching of the boy, but did admit that he gave the boy the video and the condums because he seemed “naïve about human sexuality” according to the report. St. Luke’s, in 1990, provided an assessment that said Terdine had “very little risk of acting out sexually.” The board recommended that Terdine not be assigned to any parish, and he was placed in restricted ministry and assigned as the chaplain to UPMC Hospitals throughout Pittsburgh. Redacted – pending litigation The name of the priest, where he served and the exact incident was entirely redacted in the grand jury report. Charles Thomas 1935 – 1937: St. Killian, Mars, PA 1937 – 1940: St. Peter, Pittsburgh, PA 3/1940 – 11/1940: St. Wendelin, Carrick PA 1940 – 1941: St. Martin, Pittsburgh, PA 1941 – 1944: St. Mary Mercy, Pittsburgh, PA 1944 -1952: St. Coleman, Turtle Creek, PA 1952 -1957: St. Hugh. Carmichaels, PA 1952 -1957: St. Marcullus, Pittsburgh, PA 1957 – 1965: St. Paul, Butler, PA 8/1965 – 9/1965: St. Christopher, Prospect, PA 1965 – 1967: St. Robert Bellarmine, Pittsburgh, PA 6/1966: Resigned Summary: An adult male wrote in 1996 that when he was a minor, he was sexually assaulted by Thomas on several occasions beginning in 1958. The man stated that the assaults began with Thomas fondling him, then progressed to anal penetration. The victim said that the nun, whose name was unknown, had helped Thomas in some of the sexual assaults. John William Wellinger 6/15/1970-5/20/79: Assistant at St. Wendelin, Pittsburgh, PA 5/21/1975-5/1977: Graduate Studies in Theology, Catholic University of America, Washington, D.C. 6/08/1977-8/31/1979: Assistant Pro Tem, St. Athanasius, West View, PA 9/01/1979-6/29/1981: Faculty of the Pontifical College Josephinum, Worthington, OH for the scholastic year of 1979-1980 6/30/1980-6/29/1981: Assistant Pro Tem, St. Cyril of Alexandria, Pittsburgh, PA 6/30/1981-7/14/1985: Assistant, St. James, Wilkinsburg, PA 7/15/1985-1/25/1987: Parochial Vicar Assistant, St. Clare, Clairton, PA 1/26/1987-6/23/1987: Parochial Vicar Assistant, Our Lady of Grace, Scott Township, PA 6/24/1987-6/24/1991: Pastor, Holy Spirit, West Mifflin, PA 8/01/1987: Campus Ministries, Community College of Allegheny County South Campus, West Mifflin, PA 6/11/1991: Resignation for reasons of health 1/24/1992-2/06/1994: Parochial Vicar (Pro Tem) at St. George, Allentown, PA 2/07/1994-6/01/1995: Parochial Vicar, St. Philip, Crafton, PA 5/16/1995: Resigned for personal reasons 5/18/1995: Leave of Absence 1/16/2003: Placed on Administrative Leave 3/01/2003: Declared de facto withdrawn from active ministry Summary: On or about Feb. 19, 1986, Wellinger was sent to St. Luke’s Institute for a number of ussues, including drug and alcohol abuse. On October 8, 1987, Wellinger provided alcohol and drugs to an 18-year-old parishioner, who then had a “bad reaction” to the drugs and was taken to a hospital for treatment. In 1989, a priest received a letter from a parishioner that listed a number of problems that the parish was having with Wellinger, including “giving drugs and alcohol to teens… teens in the parish have been warned by their parents about drugs from Father… and young men staying at the parish house. In 1991, Wellinger was drinking alcoholic beverages with a 24 year old man in the rectory. Wellinger unbuttoned the man’s pants and began to perform oral sex on him without consent. Wellinger was sent to St. Michael’s Community in St. Louis for an evaluation. He took an absence from the parish, explained as being for “health reasons.” In 1992, Wellinger returned to priestly ministry and became a Vicar in Allentown. In 1994, Wellinger was stopped by officers for driving under the influence of alcohol. A bishop granted Wellinger a leave of absence from June 1995 to December 1995 for “personal reasons. In 1995, diocesan officials met with the parents of a 17-year-old boy who said that their son was sexually abused by Wellinger in 1991. The victim and some friends were watching videos with Wellinger late into the night and they all fell asleep on the floor. The victim awakened to find that Wellinger had put his hands down the victim’s pants and fondled him. Wellinger admitted to spending a lot of time with the victim, but denied consciously touching the victim. He said it was “pretty tight quarters” so he may have “unknowingly” touched the victim’s genitals. Joseph S. Wichmanowski 7/13/1944- 12/15/1945: St. Mary (Polish) in McKeesport, PA 12/06/1945- 10/23/1946: Holy Cross in Glassport, PA 10/24/1946- 5/18/1949: St. Albert on South Side Pittsburgh, PA 5/19/1949- 12/03/1952: St. John Cantius in Sharpsburg, PA 12/04/1952- 6/12/1957: St. Stanislaus in Ambridge, PA 6/13/1957- 6/27/1962: Chaplin Allegheny Co. Workhouse 6/27/1962- 1/31/1969: Pastor St. Cyprian in Pittsburgh, PA 2/01/1969- 4/28/1977: Pastor St. Stanislaus in Ambridge, PA Summary: A victim said that Wichmanowski forced her to perform oral sex on him, provided her with alcohol in the form and church wine, and made her dress provocatively, all when she was 12 years old. The victim said at one point, Wichmanowski invited her to New York, where told her he would/wanted to impregnate her. It was reported that this victim, along with 31 other victims of abuse, was part of a settlement with the church for payments totaling $1.2 million. George A. Wilt 6/10/1959 – 3/17/1968 Sacred Heart, Pittsburgh, PA 3/18/1968 – 5/26/2003 St Bernard, Pittsburgh, PA Summary: In a memorandum dated November 17, 2000, a woman reported that Wilt made unwanted advances and embraced and kissed her on her mouth. Wilt embraced her two more times and again tried to kiss her. In 2003, another memorandum said a director of religious education at St. Bernard expressed concerns about Wilt’s behavior. He failed to take immediate action when it was discovered a janitor was viewing pornography on a school computer. He also dismissed several incidents where the same janitor walked in on women and girls while they were using the bathroom. It was also reported that people left the parish because of inappropriate touching and kissing on the mouth, often during first communion. Another memorandum in 2003 noted Wilt denied kissing eighth grade girls on the lips and inappropriately touching adult women. In 2004, a victim reported she was sexually abused by Wilt, sometime between 1961 and 1963. The victim explained that she sought counseling from Wilt because she was being sexually abused by her father at the time. Wilt invited her into a small room in the parish house and during their conversation, he fondled her. Robert G. Wolk 6/07/1966-5/30/1972: St. Athanasius, West View, PA 9/1972-5/1974: Attended Catholic University of America 5/30/1974-1986: Assistant Chancellor of the Diocese of Pittsburgh 7/22/1979-6/10/1981: La Roche College, Pittsburgh, PA 5/13/1986-9/23/1987: St. Thomas More Church, Bethel Park, PA 9/24/1987: Resigned Summary: A memorandum indicated that in September 1987, a victim said when he was 12 years old and in sixth grade, he became friendly with Wolk. He eventually was invited into the rectory by Wolk to socialize. The socialization progressed from the use of cigarettes and alcohol to “belly rubs” and then “oral sex on the part of both.” The victim was also concerned that his brother, two years younger, was also involved in a similar sexual relationship with Wolk. In September 1987, Wolk admitted without hesitation. He said his relationship with the victims was over, and understood the necessary action taken by the diocese. Wolk was sent to St. Luke Institute in Maryland for treatment. In 1990, Wolk plead guilty in Allegheny County court to four counts of involuntary deviate sexual intercourse and to corruption of minors. He was sentenced to five to 10 years of incarceration. Later that year, he pleaded guilty in Washington County court to two more counts of involuntary deviate sexual intercourse, and received a sentence of five to 10 years, to be served concurrently to his Allegheny County sentence. Wolk is also accused in the following cases: In 2003, a man said when he was a teenager in the mid-to-late 1980s, Wolk gave him a massage. Wolk then loosened his belt “to get comfortable.” A little while later, Wolk told the teen he would be putting some lotion on his neck. Although the teen did not see any lotion, he felt Wolk put something wet over his neck. In 2017, a victim assistance coordinator in the Altoona/Johnstown Diocese alerted the diocese that a man had accused Wolk and another priest of abusing and molesting him. In 2009, another male said that he was abused by Wolk in 1968 to 1970 or 1971. The boy was 14 to 17 years old during the abuse. In September 2010, a parishioner came to a priest in Midland regarding sexual abuse that occurred during his childhood. The victim said the abuse was from Wolk and Father Leo Burchianti. William B. Yockey 10/13/1977-10/01/1978: Assumption Church, Bellevue, PA 10/02/1978-6/28/1983: St. Bernadette, Monroeville, PA 6/29/1983-5/31/1984: Department of Social & Community Development, 6/29/1983-5/31/1984: Diocese of Pittsburgh 6/01/1984-2/16/1986: St. Canice, Pittsburgh, PA 2/17/1986-10/11/1987: St. Therese of Lisieux, Munhall, PA 10/12/1987-1/22/1989: St. Winifred, Mt. Lebanon, PA 1/23/1989-7/25/1991: Allegheny County Jail 1/23/1989-4/20/1989: Chaplain/Coordinator, Allegheny County Jail 4/21/1989-7/25/1991: St. Luke, Carnegie, PA (In Reserve) 7/25/1991: St. Anthony, Bridgeville, PA (In Reserve) 7/25/1991: Leave of Absence, Withdrawn from Active Ministry Summary: In May 1991, two men accused Yockey of sexually abusing them when they were teenagers. On one occasion, one of the men accused Yockey of sexually molesting him in October. Of 1981. Both had been drinking – the victim was 16 years old – and he crashed out after drinking too much. At some point in the night, the victim fell off the couch and found Yockey fondling his genitals. Yockey then got on top of the victim and tried to kiss him. The other victim made a similar allegation. When he was confronted in 1991, Yockey said the first incident was true, and the second incident may have been true, but he did not recall anything and that “that it was not impossible and won’t deny it.” Yockey was put on administrative leave from his assignment as a chaplain to the County Jail. Although the Diocese had information regarding alleged criminal actions on the part of Yockey as far back as 1986, there was only one document – dated January 2014 – that illustrated a report to the Allegheny County District Attorney’s Office. There was no mention of the history of Yockey’s reported sexual assaults. Theodore P. Zabowski 6/15/1970 – Parochial Vicar, St. Lawrence O’Toole, Garfield, PA 5/21/1975 – Parochial Vicar, Most Holy Name, North Side, PA 10/06/1980 – Parochial Vicar, Holy Family, Lawrenceville, PA 1/14/1981 – Parochial Vicar, St. Catherine of Sweden, Wildwood, PA 1/11/1982 – Parochial Vicar, St. Mary, Glenshaw, PA 6/29/1985 – Pastor, St. Adalbert, South Side, PA 10/27/1992 – Pastor/Resigned, St. Richard, Richland Township, PA 1/08/1996 – Leave of absence 9/16/1996 – Parochial Vicar, Immaculate Conception, Washington, PA 7/14/2000 – Leave of Absence 7/29/2002 – Withdrew from ministry Summary: An internal diocese document labeled “Chronology of Father Zabowski stated that in October 1995, a sexual abuse allegation was made against Zabowski. Between 1975 and 1979, a victim stated he engaged in wrestling with Zabowski and then Zabowski asked him to remove his clothes. After he removed his clothes, Zabowski fondled him. In an evaluation dated Novmber 28, Zabowski admitted to “affectionate hugging” of teenage boys. In a letter dated June 26, 2003, Zabowski informed Bishop Wuerl that the “therapy helped him deal with allegations of placing himself with adolescent boys in a sexually inappropriate manner, gave him the ability to deal with and, yes, overcome the sexual ignorance and social backwardness of his life.” George Zirwas You can find out more about Zirwas details here. Richard Zula Further information on Zula was not listed in the document. Pittsburgh Priests #2-10 Various assignments within the diocese of Pittsburgh Summary: This group of nine priests contained specific complaints with allegations including offenses against children as young as five years old, some reports made as recently as 2017. Diocese of Pittsburgh Redacted – pending litigation The name of the priest, where he served and the exact incident was entirely redacted in the grand jury report. James R. Adams 5/1963-2/1966: St. Francis Xavier, Pittsburgh, PA 2/1966-8/1966: St. Peter, McKeesport, PA 8/1966-5/1972: St. Raphael, Morningside, PA 5/1972-10/1977: St. Francis of Assisi, Finleyville, PA 10/1977-9/1979: Resurrection, West Mifflin, PA 9/1979-10/1992 St. Isaac Jogues, Elrama, PA 6/17/85-11/19/85: Leave of Absence 10/4/1992-3/31/93: Leave of Absence 3/31/1993-3/1/2003: Leave of Absence 3/1/2003: Withdrew/Dismissed from Ministry Summary: On July 24, 1992, a young man accused Father James R. Adams of sexually assaulting him in the 1970’s when the victim was between 8 and 12 years old and a member of St. Francis of Assisi. The victim said that Adams had touched his genitals while the victim was fully clothed on at least two occasions. Both times Adams was driving the victim and other boys to outtings. In light of the allegation, Adams’ ministerial faculties were withdrawn and he was sent to St. Michael’s Community in St. Louis, Missouri for evaluation and treatment. Adams left before completing the program. In January 2003, his faculties were withdrawn and he was permanently removed from ecclesiastical ministry, referencing the publication of Charter for the Protection of Children and Young People. James L. Armstrong 10/13/1977 – 7/07/1982: St. Elizabeth of Hungary, Pittsburgh, PA 7/08/1982 – 6/02/1985: St. Francis Xavier, Pittsburgh, PA 6/03/1985 – 6/21/1989: Resurrection, West Mifflin, PA 6/21/1989 – 2/20/1990: St. Ursula, Allison Park, PA 7/23/1990 – 6/27/1991: Holy Sepulcher, Butler, PA 6/27/1991 – 12/27/1991: Leave of Absence 10/24/1992 – 8/02/1999: St. Paul, Butler, PA 8/02/1999 – 7/23/2007: Newman Center, Slippery Rock, PA 8/02/1999 – 7/23/2007: St. Peter, Slippery Rock, PA 7/24/2007: Administrative Leave Summary: A file was opened on Father James Armstrong on February 16, 1990, that alleged Armstrong gave homeless boys from the Pittsburgh drugs, alcohol and money in exchange for sex. In May 1991, Armstrong was sent to St. Luke Institute in Maryland for evaluation. Residential treatment was recommended and the Diocese placed Armstrong on administrative leave. A confidential memorandum indicated that a victim contacted the Diocese on September 30, 2009 and requested counseling. He reported that he had been abused by several priests in the course of his life, including a priest whom he knew as “Father Tom.” The male stated that his father was a heroin addict and his mother was a prostitute. He eventually ran away from home and became a “street kid.” The male’s therapist advised that the incidents involved “sex for pay” and occurred when the male was 14 to 15 years old. The victim indicated that he was introduced to Armstrong when he was 16 years old in the winter of 1985-86. According to the victim, Armstrong would drive him \[the victim\] and a “hustler” far out Route 28 to Route 8, the Red Belt, toward Shaler Township up a winding road, always late night around 11:00 PM to midnight. The victim wrote that Father Tom had them do various violent sex acts like calling him degrading things while he gave them oral sex. They beat his body, slapped his face and spanked him. Armstrong received treatment between his 2007 administrative leave and 2011. John M. Bauer 5/22/1973-10/02/1978: Parochial Vicar, St. Joan of Arc, South Hills, PA 10/02/1978-1/17/1988: Parochial Vicar, Immaculate Conception, Washington, PA 6/17/1988-6/27/1994: Pastor, Immaculate Conception, Washington, PA 6/27/1994-2/18/1998: Pastor, Good Samaritan, Ambridge, PA 2/18/1998-1/20/1999: Leave of Absence 1/20/1999-6/04/2006: Administrator, Our Lady of Consolation, Carmichaels, PA 1/20/1999 -present: Pastor, St. Hugh, Carmichaels, PA 6/04/2006 -present: Pastor, Our Lady of Consolation, Carmichaels, PA Summary: An allegation of sexual abuse by Father John Bauer first surfaced when it was included in another complaint that was lodged against Father Michael Romero. A male said that Romero and Bauer would provide him alcohol and encourage him to drink it. He stated that he has suffered with alcoholism for years while he was trying to suppress the memories of sexual abuse as a minor child. He stated that he attributes the majority of his problems with alcohol to his early exposure to alcohol by Romero and Bauer. The victim reported that Bauer would “wrestle” with him but maintained that there was no genital contact. He found this to be strange that Bauer would want to wrestle with all the boys since he was not a wrestling coach or was not really involved in the wrestling program. In a memorandum to the file dated October 17, 2013, Bauer stated that he recalled the victim and that he remembered him as one of the young boys who would work out in the “wrestling room.” Bauer said he remembered wrestling with some of the boys on occasion in the “wrestling room.” Bauer stated he would often “join them” since he enjoyed doing a good workout. Bauer denied providing alcohol to any minors. John E. Brueckner 2/20/1940 – 9/6/1944: Immaculate Conception, Pittsburgh, PA 9/7/1944 – 9/11/1947: St. Joseph, New Kensington, PA 9/11/1947 – 4/6/1949: St. Mary and New Castle Hospital, New Castle, PA 4/7/1949 – 11/7/1951: St. Mary, Beaver Falls, PA 11/ 8/1951 – 6/13/1956: St. Lawrence, Pittsburgh, PA 6/14/1956 – 5/27/1959: Annunciation, North Side, PA 5/23/1959 – 10/2/1960: St. Luke, Carnegie, PA Summary: According to a 2016 document, a woman had contacted the Diocese of Greensburg to report that her husband suffered abuse at the hand of a Catholic priest when he was only a child. She stated that in 2002 her husband informed her that he had been abused by a priest from St. Joseph sometime between the years of 1947 and 1951. He stated that the abuse occurred in the priest’s car after they saw a baseball game together. She could not recall the name of the priest who abused her husband. Brueknere was among the priests at St. Joseph during that time period when Greensburg was part of the Pittsburgh Diocese. It does not appear that the Diocese of Pittsburgh took any further action in connection with the allegation. Leo Burchianti 5/27/1964-8/21/1966: St. Joseph, Natrona, PA 8/22/1966-6/09/1968: Immaculate Conception, Bloomfield, PA 6/10/1968-5/21/1973: Our Lady of Grace, Scott Township, PA 5/22/1973-1/24/1979: St. James, Sewickley, PA 1/25/1979-11/21/1980: St. Philip Neri, Donora, PA 11/22/1980-2/12/1981: Leave of Absence, health reasons 2/13/1981-12/03/1981: St. Rosalia, Greenfield, PA 12/04/1981-4/12/1993: St. Joseph, West Aliquippa, PA 4/12/1993-1/30/1995: Leave of Absence, health reasons/administrative 1/30/1995: Retired 1/31/2003: Withdrew from ministry Summary: From approximately 1967 to 1993, Burchianti was alleged to have had inappropriate contact with at least eight young boys. These allegations included but were not limited to Burchianti: having anal or oral sex with them; inappropriately touching them; making suggestive comments to them; providing alcohol to them; allowing them to use drugs in the rectory; and inviting some to stay overnight to sleep in his bed with him. On April 6, 1993, an unidenitified victim stated that from the ages of 13 to 14 (1976-77) to age 21 he had engaged in oral and anal sex with Burchianti. The male stated that the abuse with Burchianti occurred approximately 200-300 times while Burchianti was assigned to St. Philip’s in Donora and then approximately 20-30 times while Burchianti was at St. Joseph. Burchianti admitted to having had a sexual relationship with him over the years, but disputed the number of times it occurred. on March 18, 1994, a signed settlement agreement for $15,000 was reached between the Diocese and the victim. Robert Castelucci 5/27/1964-3/07/1965: St. Rosalia, Greenfield, PA 5/08/1965-5/21/1973: St. Joseph, Coraopolis, PA 5/08/1965-5/21/1973: St. Martha, Groveton, PA 5/22/1973-5/29/1974: St. Patrick, Canonsburg, PA 5/30/1974-6/29/1981: St. Mary of Mt. Carmel, Braddock, PA 6/30/1981-12/09/1994: St. Lawrence, Hillsville, PA 12/09/1994-7/27/1999: Leave of Absence 7/28/1999-3/25/2002: Administrative Leave 3/25/2002: Withdrew from active ministry Summary: Despite having knowledge since 1994 of Castelucci’ s sexual abuse of children, the Diocese did not remove him from ministry, instead initially allowing him to take a leave of absence for personal reasons. The first victim stated that Castelucci molested him at the St. Mary rectory and in Castelucci’ s car. The victim said the abuse occurred from age 13 or 14 until age 17 in the 1970’s. The victim alleged that sexual activity with Castelucci included masturbation, oral sex and one attempt at anal sex. He reported that Castelucci gave him money and cigarettes. The victim eventually filed a civil lawsuit along with 32 other individuals, which resulted in a $1.25 million settlement in October 2007. Several other victims said Castelucci sexually abused them over a number of years. One victim claimed that in the 1970′ when he was a 12 or 13 -year -old altar boy, Castelucci had asked his mother if he could stay overnight at the St. Joseph rectory. According to the victim, his mother readily agreed since his father was no longer around. She wanted him to spend time with a man, particularly a priest for a positive role model. On March 25, 2002, Castelucci submitted a handwritten letter to Bishop Wuerl withdrawing from active ministry. On the same date, Castelucci sent a second letter to Wuerl in which he denied all allegations against him. Mauro James Cautela 5/1974-5/1979: Our Lady of Joy, Pittsburgh, PA 6/1979-8/1983: St. Vitus, New Castle, PA 8/1983-5/1984: St. James, Sewickley, PA 5/1984-1/1989: Mother of Good Counsel, Pittsburgh, PA 1/1989-10/1992: St. Norbert, Pittsburgh, PA 10/1992-2/2000: Purification of the Blessed Virgin Mary, Ellwood City, PA 7/1998-2/2000: St. Agatha, Ellwood City, PA 2/2000-8/2005: Holy Redeemer, Ellwood City, PA Summary: Cautela was alleged to have inappropriately touched three young boys during the times that he respectively served as pastor of Our Lady of Joy, St. Norbert, Purification of the Blessed Virgin Mary, and Holy Redeemer. Additionally, Cautela is alleged to have used church donations and other funds to further some of his relationships with young boys as well as to purchase homosexual pornography on church computers. In 2006, a victim stated that between 1975 and 1981, when he was about 14 years of age, Cautela molested him multiple times while on church property and at Bear Lake in Seven Springs. The victim alleged that he was provided alcohol on some occasions as well. Cautela claimed that the victim asked for $20,000 in in 2003 in exchange for not exposing Cautela as a pedophile. The blackmail allegations had been forwarded to the Lawrence County District Attorney’s Office. The records revealed that an Ellwood City Police Officer advised that a case number was never assigned to the matter out of respect for Cautela. In 2005, a male alleged that Cautela sexually abused him between 1998 and 2005 when he was between 12 and 19 years old. This victim said that Cautela first encouraged him to begin lifting weights at a nearby gym. Cuatela’s assistance with the weightlifting soon included inappropriate touching. After the allegations were made, Cautela resigned from his position as pastor in August 2005 and was placed on administrative leave. On December 9, 2005, the Federal Bureau of Investigation agreed to file federal charges against Cautela for the incidents that occurred outside the Commonwealth of Pennsylvania. Cautela suffered a heart attack and died in 2005, concluding the criminal investigation Charles J. Chatt 5/27/1964-3/27/1969: St. Alphonsus, Springdale, PA 3/28/1969-5/29/1974: St. Anne, Castle Shannon, PA 5/30/1974-8/23/1981: St. Albert the Great, Baldwin, PA 8/24/1981-7/27/1992: Our Lady of Loreto, Brookline, PA 7/27/1992-1/31/2003: Leave of Absence 1/31/2003: Withdrew from Active Ministry Summary: In 1992, the father of a young man reported his son’s sexually abuse by Chatt. These incidents occurred in either 1970 or 1971, when the victim was in seventh or eighth grade at St. Anne. According to the Diocesan report, the father reported that he had gone to see Chatt and had told Chatt that he (Chatt) needed to call the Diocese or he (the victim’s father) would. That same day, Chatt met with Diocesan officials and admitted to the sexual contact which began at St. Anne when victim one was 14 years of age. The report further disclosed that when Chatt was assigned to St. Albert’s, he had sexual contact for a few months with a 15 -year -old from that parish. A letter indicated that Chatt confirmed for church representatives that he was “involved in sexual relationships” with the first victim as well as “five other youngsters under the age of eighteen in the 1970’s.” He attributed his behavior to the ‘free spirit” of that time when the “anything goes” mentality was in “vogue,” in addition to his own sexual weaknesses and what he described as the “promiscuity of the adolescent boys involved.” Following the first documented report of sexual abuse of children reported in July 1992 that occurred in 1970 or 1971 at St. Anne’s Parish, Chatt resigned as pastor of Our Lady of Loreto Parish. The parishioners were told that he had resigned for health reasons and to allow him time to better care for his aging parents. Chatt was sent to St. Michael’s Community for an evaluation and thereafter returned to the facility for treatment where he remained for approximately five months. At the completion of treatment, St. Michael’s staff recommended he be returned to ministry. Anthony J. Cipolla 12/06/1972-11/14/1974: Parochial Vicar, St. Bernard Church, Mt. Lebanon, PA 11/15/1974-5/20/1975: Parochial Vicar, Immaculate Conception, Washington, PA 5/21/1975-9/22/1975: Parochial Vicar, St. Philomena, Beaver Falls, PA 9/23/1976-7/04/1978: Parochial Vicar, St. Agatha, Bridgeville, PA 7/05/1976-10/08/1978: Parochial Vicar, St. Francis Xavier, Pittsburgh, PA 10/09/1978-6/28/198: Parochial Vicar, St. Canice, Knoxville, PA 6/28/1983-7/05/1983: Parochial Vicar, St. Philip, Crafton, PA (7 days) 12/01/1983-11/01/1988: Chaplin, McGuire Memorial Home for Exceptional Children, New Brighton, PA 11/01/1988-9/19/2002: Leave of Absence 9/19/2002: Laicized Summary: During the time Cipolla served as a priest, three different Bishops headed the Diocese. Cipolla was moved by his superiors from parish to parish, throughout the Diocese, several times during his tenure, for a total of eight moves in a 16-year period. Cipolla was first accused of sexually abusing two brothers, ages 9 and 12 in 1978 in Cipolla’ s bedroom in the rectory and also in a hotel room in Dearborn, Michigan. On July 25, 1978, the victims’ mother called the Pittsburgh Police Department and criminal charges were filed. Ultimately, the criminal charges were not pursued … because, according to the mother, she was harassed and threatened by church officials to drop the charges and to “let the church handle it.” Detectives subsequently interviewed the first victim, with his mother and father present. In Cipolla’s bedroom, the boy sat on Cipolla’s lap while Cipolla counted and squeezed the boy’s penis up to 50 times. Cipolla told him that this was their secret and it would be a sin if he told anyone. He was made to sign a paper saying he would not tell anyone. The boy said he went home and told his parents. According to the investigation, Cipolla molested both boys under the pretense of giving them medical examinations. The boys’ mother said that before a scheduled preliminary hearing, the prosecution allowed an attorney for the Diocese to question the boys. The woman said the diocese attorney “became a bully. He was telling my kids, `Well, look, you go into court, you’re going to be talking – – if you don’t want to talk about it now, there could be 100 people in there that you’re going to have to talk about it in front of and we’re going to tear your testimony apart.’” The attorney also asked her why they wanted to “hurt the church?” She told the Grand Jury, however, “We weren’t there to hurt the church. We were there to stop Cipolla before he did it again with some other kids.” According to the mother, the prosecutor told her that if she signed to expunge the charges against Cipolla and he “does it again” within 10 years, “we can bring those charges back up.” She was told that “it would be kept quiet unless he committed the crime again.” The woman said community harassment from Cipolla’s supporters got so bad, the family moved out of state. The charges were dropped and the Diocese reassigned Cipolla immediately to St. Canice where he reoffended on another young male. Because of his adamant refusal to comply with church-ordered treatment, in 1990 Cipolla was told he could not act as a priest in good standing; could not conduct any public celebrations as a priest; and could not wear priestly attire. He could not resume doing any of these things until he obtained a church – approved evaluation. Even after an “official” ruling from the Vatican that he was no longer a priest in good standing, Cipolla continued to perform masses and to present himself as a priest in good standing, even though he was advised in person, several times, that he was barred from doing these things. Cippola’ s appeal to the Vatican was denied in November 1996. In July 2002 Wuerl wrote to the Pope asking for Cipolla’ s dismissal from priesthood. Official approval for Cipolla’ s dismissal as a priest was issued on September 19, 2002. Despite this, in December of 2003 the Diocese received information that Cipolla was still saying masses and acting as a priest. John P. Conner 4/28/1962: Assistant, St. Francis of Assisi, Vineland, NJ 1/08/1966: Assistant, St. Mary, Gloucester, NJ 6/18/1966: Assistant in Residence, St. Rose of Lima, Haddon Heights, NJ 6/18/1966: Faculty, Paul VI High School, Haddon Township, NJ 1969-1970: Assistant CYO Director of Diocese, Diocese Center 1970-1985: Chairperson, Bishop Eustace Preparatory, Pennsauken Township, NJ 2/2002: Removed from active ministry/retirement Summary: In October 1984, Connor was arrested in New Jersey for sexually molesting a 14 -year -old child. The sexual abuse took place in Connor’ s home in the Diocese of Camden during the time he was a theology teacher and golf coach at Bishop Eustace Preparatory School in Pennsauken. Lawyers for the Diocese of Camden negotiated a pretrial intervention with the Cape May Prosecutor’s Office. The terms of the agreement were that if Connor would admit to sexually molesting the child, he would have the record of his arrest erased, as long as he were not re-arrested within one year. Connor spent approximately eight months in treatment after his arrest. Despite his criminal history, Connor was transferred to the Pittsburgh Diocese in 1985. In 1988, Bevilacqua, who had become the Archbishop of Philadelphia, appointed Connor as assistant pastor of St. Matthew in Conshohocken, a parish with a grade school. Bevilacqua encouraged Connor, among other things, to “educate youth.” Connor was given an unrestricted ministry and there was no warning to the parishioners of the church that Connor was an admitted child molester. Bevilacqua never told Father James W. Donlon, the pastor of St. Matthew Church, about Connor’s alcoholism and child abuse. In 1993, Connor was suddenly moved back to Camden because his 1984 victim of sexual abuse had sued and received a settlement from the Diocese of Camden. Since Donlon received no warning from the Archbishop, he allowed Connor full access to the youth of the parish. The pastor did not know to be concerned about an especially close relationship that was developing between Connor and a young boy from the parish grade school, named “Timothy.” Donlon did not know about Connor’s criminal background until he was contacted by a news reporter in 2002. John David Crowley 6/10/1954-6/9/1968: St. Elizabeth, Pleasant Hills, PA 6/10/1968-3/27/1969: St. Margaret, Green Tree, PA 3/28/1969-1/17/2003: Holy Angels, Hay, PA 1/10/2003: Resigned Summary: In 1992, a complaint was made by a mother and her twin adult daughters, one of whom was 16 years old at the time, about sexual abuse by Crowley. Crowley was given a one-week mental health evaluation where it was deemed his denial of any abuse was truthful and was returned to his parish. In 2001, the woman and daughters renewed their complaints and the Diocesan Review Board found the victims’ allegations to be credible and rejected Crowley’ s testimony. Crowley chose resignation on Jan. 7, 2003. Wuerl faced great scrutiny regarding Crowley’ s departure by members of the parish and the media who loved Crowley and thought Wuerl had forced Crowley out. Crowley died in 2006. Richard Deakin 3/1984-6/1987: Deacon until ordained; Assistant Pastor after ordination, St. Martin, Baltimore, MD 6/1987-8/1988: Parochial Vicar, St. Cecilia Church and Friary, Rochester, PA 1988: St. Francis Friary, Brookline, PA (in residence only) 8/15/1989: Leave of Absence 12/29/1992: Dismissed from clerical state Summary: In May 1990, Deakin was contacted by the Baltimore City Police Department about allegations that he had sexually abused a 13 -year -old girl for more than a two-year period while his was the assistant pastor of St. Martin in Baltimore, Md. At the time police contacted him, Deakin was on a leave of absence from his Order and the priesthood. Deakin was arrested on June 25, 1990. He was charged with and, in October 1990, pleaded guilty to charges of second-degree rape and sexual abuse of a child. He was sentenced to a 15 -year suspended prison sentence and five years of probation. When the victim was 13, she had surgery to remove a tumor from her chest. During this vulnerable period, Deakin assumed a prominent role in her life, being both her friend and confidant. He would visit her in the hospital regularly and they became very close. “In the winter of 1985-86,” Deakin began sexually abusing her. “The sexual relationship intensified and sex occurred in St. Martin’s Church, the rectory, Father Rich’s car, (redacted) home, and various other locations.” In an undated letter by Deakin detailed how the abuse started. He maintained the sexual contact was consensual. He went on to say that he believed that he and the victim “were both so emotionally needy that we overlooked what was right and wrong.” Deakin said he ended the relationship when he fell in love with another woman. Ferdinand B. Demsher 8/22/1946 – 7/16/1947: St. Peter, New Kensington, PA 7/17/1947 – 6/29/1949: Christ the King, Ambridge, PA 6/30/1949 – 5/20/1951: St. James, West End, PA 5/20/1951 – 6/29/1963: United States Army 7/02/1963 – 6/06/1966: Resurrection, Brookline, PA 6/07/1966 – 6/24/1983: St. Mary of the Assumption, Pittsburgh, PA Summary: On March 18, 2002, a victim contacted the Diocese to report sexual abuse by Demsher. The victim stated that the abuse occurred from 1975 to 1976 at St. Mary of the Assumption church. The victim was approximately 13 to 14 at that time. According to the victim, his grandparents arranged for him to be employed at St. Mary doing odd jobs for Demsher. One summer day, he complained of a heat rash on his inner thigh. Demsher offered to look at the rash, and the victim remembered being in Demsher’s rectory office with his pants down. He stated that Demsher had “manipulated his penis until it was hard” and when he could no longer “stand it he ejaculated.” The victim stated that he knew it was wrong, but “he \[Demsher\] could cause problems for me.” Demsher continued this pattern of abuse while the victim had the heat rash. An internal Dioesan memorandum dated April 4, 2002 ended with “we found \[the victim’s\] allegation to be credible.” The Diocese agreed to cover the cost of tuition for his daughters to attend Catholic school. On Feb. 4, 2015, a second victim came forward with allegations of abuse. He advised that Demsher engaged in sexual activity with him while he was approximately 14. He stated that the abuse occurred when he was a freshman at Central Catholic High School. The victim recalled having a cold and Demsher’s remedy was to fondle the boy’s genitals. In February 2016, a third victim claimed he was fondled by Demsher in grade school. In April 2016, a fourth victim called to report sexual abuse by Demsher from the mid -late 1960s. The Diocese provided the victim with financial help on September 9, 2016. Myles Eric Diskin 3/12/1975 – 7/17/1979: St. Paul, Butler, PA 7/18/1975 – 11/26/1981: Purification of the Blessed Virgin Mary, Ellwood City, PA 11/27/1981 – 7/05/1987: Sacred Heart, Pittsburgh, PA 7/06/1987 – 1/01/1991: Diocese of Pittsburgh 1/31/1991 – 5/24/2002: Diocese of Pittsburgh 3/19/2003: Resigned Summary: Diocesan records contain a letter dated June 2004 to Butler County District Attorney’s Office which acknowledges a series of civil lawsuits relating to Diskin’ s conduct. Three complaints had been filed with the Butler County DA alleging sexual abuse by Diskin: on a boy in the mid -1970s at a church in Butler; a girl in the mid -1970’s at the same church; and, a boy in 1976 to 1977 when the victim was 12 to 13. That abuse occurred in the school, in the rectory, in Diskin’ s automobile, in the sanctuary of the church (St. Paul), and in the victim’s home. In February 2009, a complaint of sexual abuse by Diskin was made to the Allegheny County District Attorney’s Office. Two victims reported that Diskin sexually abused them in the mid –1970s when they would have been approximately 11 and 14. A January 2015 complaint of sexual abuse was made to the Allegheny County District Attorney’s Office. An unidentified male said Diskin sexually abused him by inappropriately touching him in Butler County in 1976 to 1977 when the victim was 15 to 16. Also in January, 2015, another complaint was made to the Diocese when a woman advised that Diskin sexually abused her by inappropriately touching her in the mid-1970s in Butler County when she was a minor. Richard J. Dorsch 6/15/1970-5/20/1975: Parochial Vicar, St. Basil, Carrick, PA 5/21/1975-10/12/1977: Parochial Vicar, St. Philip, Crafton, PA 10/13/1977-3/07/1983: Parochial Vicar, All Saints, Etna, PA 3/08/1983-5/25/1985: Parochial Vicar, St. Michael, Butler, PA 6/26/1985-9/23/199: Pastor, St. Francis De Sale, McKees Rocks, PA 9/23/1991-2/07/1994: Administrator, St. Coleman, Turtle Creek, PA 2/07/1994-8/26/1994: Team Ministry, Risen Lord, Pittsburgh, PA 8/26/1994: Leave of Absence 5/28/1996: Withdrawn from ministry Summary: Dorsch was arrested on Aug. 26, 1994, following allegations arising from a child’s routine physical examination that month. At a meeting between Dorsch and Diocese officials the day of the arrest, Dorsch admitted to “inappropriately” touching the victim, holding him longer than necessary, and sitting the victim on his (Dorsch’s) lap while stroking the victim’s stomach and touching his nipples. He denied touching the boy’s genitals. In April 1995, a jury convicted Dorsch of two counts of indecent assault and one count of corrupting the morals of a minor. He was sentenced to 11 1/2 to 23 months incarceration but releases on parole one week later and admitted back to St. Luke Institute in Maryland. On Dec. 9, 1994, a second victim indicated he was sexually assaulted by Dorsch at the All Saints church in Etna when he was 10. The victim indicated the sexual abuse stopped only when Dorsch was transferred from All Saints when the victim was in eighth grade. He estimated that, in total, Dorsch assaulted him on 50 to 70 separate occasions. The victim later filed a lawsuit against the Diocese alleging a decades-long conspiracy to protect priests who molested minors. A review of Dorsch’s Diocesan file did not reveal how this lawsuit was ultimately resolved. On Feb. 25, 2004, a third victim, who served as an altar boy and attended a school associated with All Saints, described how Dorsch taught him to play racquetball and then made him sit on his lap in the hot tub. After masses, Dorsch would take the victim to play board games and put his hands down the victim’s pants. On other occasions, Dorsch would take him for car rides and make the victim touch him sexually while he drove. The victim further informed Diocesan officials that he also sexually abused by Dorsch at the “Braille Trail” (located in North Park/Allegheny County), in the sacristy, the rectory, the Shaler Racquetball Court, and in the parking lot of a local shopping center. These sexual assaults reportedly included oral and anal sex. In March 2010, the Diocese announced it would stop paying for the victim’s mental health treatment. On May 4, 2010, the victim committed suicide. A fourth victim reported that when he was in the seventh and eighth grade, Dorsch began sexually abusing him. By the end of his eighth grade school year, he was drinking heavily. At his worst, he was drinking a half gallon of vodka per day in the hopes that his drinking would kill him. A fifth victim alleged Dorsch sexually abused him when he served as an altar boy at St. Coleman at ages 12 to 14. David F. Dzermejko 5/30/1974-6/10/1979: Our Lady of the Most Blessed Sacrament, Natrona Heights, PA 6/11/1979-6/03/1984: St. Teresa of Avila, Pittsburgh, PA 6/04/1984-6/10/1991: St. Susanna, Penn Hills, PA 6/10/1991-10/26/1992: St. Jerome, Charleroi, PA 10/26/1992-6/15/2009: Mary, Mother of the Church, Charleroi, PA 6/15/2009: Leave of Absence 6/15/2009-1/18/2013: Resides at St. John Vianney Manor, Pittsburgh, PA 10/2015: Laicized Summary: Dzermejko was reported to have had inappropriate contact with several young boys, conduct which included anal and oral sexual assaults of young minors. In June 2009, a woman called to report that prior to her husband’s suicide in April, 2009, he told her that he had been sexually abused by Dzermejkko. It occurred sometime between 1979 and 1984. After meeting with representatives from the Diocese, it was decided that this victim’s family would be provided with funds for counseling. On June 19, 2009, a second victim stated that he was an altar boy at St. Teresa of Avila while he was a student at the school from 1979-1982 while he was in the fifth, sixth and seventh grades. This victim reported that he was “raped, had anal and oral sex and performed oral sex with Dave over a course of three years.” On Jan. 31, 2012, a third victim reported that he was sexually abused by Dzermejko in the late 1980’s when he was 15 to 16 years of age. On Jan. 11, 2013, law enforcement officers executed a warrant to search Dzermejko’ s rooms at St. John Vianney Manor. They seized child pornography, located on his computer and also found firearms and illegal drugs. He was arrested in April 2013 for possession of child pornography. Dzermejko admitted: That he had been viewing child pornography for in excess of 10 years; that he had historically travelled to Thailand to have sexual encounters with teen boys; and, that he had gone there as recently as the same calendar year. In November 2013, Dzermejko pled guilty to possession of child pornography in federal court. He was sentenced to three years in prison. He began serving that sentence in June 2014. Redacted – pending litigation The name of the priest, where he served and the exact incident was entirely redacted in the grand jury report. John P. Fitzgerald 5/30/1974 – 2/7/1977 St. Thomas, Braddock, PA 5/30/1974 – 2/7/1977 St. Michael, Braddock, PA 2/8/1977 – 7/7/1982 St. Michael the Archangel, Butler, PA 7/8/1982 – 3/7/1983 St. Alexis, Wexford, PA 3/8/1983 – 6/12/1988 All Saint’s, Pittsburgh, PA 6/13/1988 – 6/21/1989 St. Anselm, Pittsburgh, PA 6/21/1989 – 8/2/1991 St. Teresa of Avila, Pittsburgh, PA 8/2/1991 – 7/17/1995 St. Anthony, Bessemer, PA 11/28/1994 – 6/17/1996 Pittsburgh International Airport 1/3/1995 – 7/17/1995 St. Lawrence, Hillsville, PA 7/17/1995 – 6/17/1996 St. John Neumann, Pittsburgh, PA 6/17/1996 – 7/1/2009 Pittsburgh International Airport 7/1/2009 – 7/31/2014 Our Lady of Peace, Conway, PA Summary: In 1996 while Fitzgerald resided at Holy Trinity Church and was the Chaplain at the Pittsburgh International Airport drove a boy to a hanger in New Castle where Fitzgerald’s airplane was kept. During the ride, Fitzgerald touched the boy’s genital area. On another occasion, while they were in Fitzgerald’s airplane, Fitzgerald touched the boy’s genital area and attempted to put his hand down the boy’s pants. The boy further reported that Fitzgerald exposed himself in the Pittsburgh International Airport chapel and also had the boy perform oral sex on him “maybe half a dozen times.” Fitzgerald instructed the boy not to tell anyone, warning that he would do the same thing to his mother and sister. Fitzgerald told him, “I know when your father isn’t at home.” Fitzgerald denied the allegations. The current status of proceedings against Fitzgerald is unknown. The Diocese paid for some of the counseling and drug treatment for the male in addition to providing the family with a $40,000 reimbursement for drug treatment expenses that were incurred prior to the report being made. Joseph M. Ganter 7/1922-9/1923: Saint’s Peter & Paul, Pittsburgh, PA 9/1923-7/1932: St. Martin Church, West End, Pittsburgh, PA 7/1932-3/1942: St. Athanasius Church, West View, PA 3/1942-6/1964: St. Boniface Church, Penn, PA 6/3/1964: Retired Summary: In 2008, an 80-year-old male contacted the Diocese of Pittsburgh to report that Ganter had abused him in the 1930s when he was approximately 10 and an altar server at St. Anthanasius. When Ganter’s personal file was reviewed, an allegation from 1944 was discovered wherein an adult male had complained of immoral and corrupt relationships between Ganter and at least three teenage boys, ages 13 to 15. Two teenage boys refused Ganter’s requests for sex and received $3 and $12 from Ganter along with instructions to tell no one. A third teen engaged in a sex act with Ganter on Sept. 30, 1943. In 1945, at the request of Ganter, a Justice of the Peace conducted an investigation into the accusations. The individuals were interviewed, gave different stories and denied any supposed immoral relations with Ganter. John A. Genizer 7/31/1968-5/21/1973: Parochial Vicar, St. Paul, Butler, PA 5/22/1973-2/17/1975: Special Assignment, Office of Religious Education, Diocese of Pittsburgh Pastoral Center 5/22/1973-2/17/1975: Duquesne University-Graduate Studies 2/17/1975-8/21/1980: Assistant Director, Adult Religious Education Diocese of Pittsburgh Pastoral Center 8/25/1980-4/29/1990: Associate Spiritual Director, Mount St. Mary Seminary, Emmitsburg, MD 6/11/1990-6/10/1991: Parochial Vicar, Holy Innocents, Pittsburgh, PA 6/01/1991-2/07/1994: Assistant Chaplain Nursing Home, McGuire Memorial Home, New Brighton, PA 6/10/1991-2/07/1994: Administrator, St. Cyril & Methodius, New Brighton, PA 2/07/1994-1/17/2000: Pastor, St. Colman, Turtle Creek, PA 1/17/2000-3/12/2007: Chaplain Military -US Navy, Archdiocese for Military Services, Washington, DC 3/12/2007-7/07/2008: Administrator, St. Barbara, Bridgeville, PA 7/07/2008-6/06/2011: Parochial Vicar, St. John the Baptist, Pittsburgh, PA 6/06/2011 – present: Chaplain, Little Sisters of the Poor Summary: In a document dated July 7, 1995, it was reported that the son of a member of the Archdiocese had revealed that was fondled by Genizer in 1980 when he was 13. It was advised that the son’s parents were very involved in the church and were reputable and did not want to make the information public. It was subsequently determined that because of the sexual allegation listed in his confidential file, Genizer would not be endorsed to serve as chaplain. Genizer was assured, however, that the allegation would not affect his current standing in the Diocese because the Diocese deemed it to be an “inconclusive allegation.” After specific allegations of unnatural interest in young boys were made and documented in his file, Diocesan officials continued to write and sign letters advising that Genizer was a priest in “good standing.” A letter stated: “To the best of my knowledge, he has never engaged in sexual behavior inconsistent with priestly celibacy, nor had he ever acted in an inappropriate manner with minors.” Charles R. Ginder 8/1940-9/1942: St. Gregory, Zelienople, PA and St. Mathias, Evans City, PA 9/1972-2/1946: Society of St. Suplice (NFI) 2/1946-6/1950: Saint’s Simon & Jude, Blairsville, PA 6/1950-12/1953: St. George, Pittsburgh, PA (South Side) 12/1953-6/1959: St. Joseph, Pittsburgh, PA (North Side) 12/1954-7/1962: Censor Librorum 6/1959-2/1961: St. Mary, New Castle, PA 2/1961-8/1962: School Sisters of St. Francis, Bellevue, PA 7/1962-7/1963: Health related leave of absence 8/1963-5/1964: Our Lady of Mercy Academy (NFI) 5/1964-6/1964: St. Januarius, Pittsburgh, PA 5/1964-6/1964: St. John the Baptist, Pittsburgh, PA 6/1964-1/1967: Sick Leave 1/1967-?: St. John the Baptist, Baden, PA 1970-6/1984: Sick Leave Summary: Over the course of years, an adult male residing in Seattle, Wash. contacted the Diocese of Pittsburgh on multiple occasions, never providing details of his abuse, but he threatening to sue the Diocese. The male sent a letter stating he was taken to New York, New Jersey and Philadelphia by Ginder between 1958 and 1961. He did not provide details of any abuse, but advised that the details would be contained in a book that he planned to write. The male also advised that he was abused by another priest in Pittsburgh who now lived in Florida. He refused to name the other priest, however, in order to maintain “the element of surprise.” In September 2005, the male warned the Diocese he would be in Pittsburgh in the near future and wanted to make the abuse publicly known. He advised that he had requested that CNN and 60 Minutes accompany him. In 2006, he called the Diocese to advise that he was expecting reimbursement for the cost of many years of counseling and medication that he has incurred due to abuse by Ginder. On Nov. 28, 2007, the Diocese sent the man $4,092.00 for monthly insurance premiums. In a June 2008 letter stated that the Diocese had entered into a mediation process in connection with a lawsuit and that the man was to receive $16,000.00 as his portion of the resolution. In 2002, a 50 -year -old male living in New Jersey reported that he had been abused by Ginder when he was between the ages of 15 and 17. The male further stated that he lived with Ginder for a short time and the relationship with Ginder and others was “out of control.” He described Ginder as “a physically abusive monster.” James G. Graham 6/07/1966 – 1/23/1972: St. Lawrence O’Toole, Pittsburgh, PA 1/24/1972 – 5/29/1974: St. Elizabeth of Hungary, Pittsburgh, PA 5/30/1974 – 9/18/1978: St. Bernadette, Monroeville, PA 9/19/1978 – 4/13/2012: St. Lawrence O’Toole, Garfield, PA 4/13/2012 – 3/06/2015: Leave of Absence Summary: A long-time female partner of a male victim who died of a drug overdose in 2012 verified a letter that he wrote wherein he detailed his abuse at the hands of Graham which started when he was 9. The abuse lasted two or three years. The female partner became aware of the abuse after the birth of her daughter when the victim refused to allow Graham to baptize baby. The sister of a victim testified that when her brother was placed on a liver transplant list, she had several conversations with him about Graham. He told her about the intimacy and sex he had with Graham when he was 15. The victim died in 2002. A third victim advised that on two occasions while he was playing pool, Graham came up behind him, lowered his pants and inserted his penis into the victim’s anus. The victim was 16 -years -old at the time. All three allegations were deemed to be credible. Graham’s testimony before the Review Board was deemed not to be credible. The Review Board believed that Graham’s mental capacity was diminished due to his alcoholism. William Hildebrand No listed employment/work history Summary: In May 2014, four adult males reported that they were abused by Brother William Hildebrand, who was a member of the Marianist Order. The records indicated that the Diocese attempted to reach out to the victims regarding counseling. John S. Hoehl 1964: St. Mary Magdalene, Homestead, PA 1966: St. Francis Xavier, Pittsburgh, PA 1971: Quigley Catholic High School, Baden, PA 1985: Bishop Boyle High School, Homestead, PA 1985: St. John Joachim, Greenfield, PA 1986: Secretariat for Education, Pittsburgh, PA 1987: Shadyside Hospital, Pittsburgh, PA Summary: On May 2, 1986, a 28-year-old male reported he had been sexually abused by Hoehl. He stated that from 1972, when he was a 14-year-old freshman at Quigley High School, until 1979, when he was a senior at Duquesne University, Hoehl fondled his genitals and they performed mutual masturbation and oral sex on each other on a regular basis. At the time this disclosure was made, a young man was living with Hoehl at the rectory at St. Joachim. Found within the rectory were various drug paraphernalia, condoms and other pornographic materials, including videos and literature. In 1993, a 29 -year -old adult male reported that he had been sexually involved with Hoehl beginning in 1978 when he was 15. He stated he was sodomized on at least two occasions and that oral sex and mutual masturbation occurred on many occasions. In 1997, a 29-year-old male reported that in 1976, when he was 9, Hoehl touched and rubbed his genitals and, performed oral sex on him. He stated that the sexual activity lasted until he was 18. On Sept. 22, 2000, the male filed a lawsuit against Hoehl and the Diocese in connection with the sexual abuse. On Dec. 14, 2007, the male’s parents received a $10,000 check for emotional and financial hardship suffered. On April 26, 2002, a 33-year-old male reported sexual abuse by Hoehl at Hoehl’s private residence at Quigley in 1979 when he was 16. The male reported that Hoehl sexually abused him and provided him with drugs and alcohol until 1982. In 2004, an adult male informed the Diocese that he was sexually abused by Hoehl when he was 16 and a sophomore at Quigley. He stated that in April 1978, a friend came out to tell him that a girl was in trouble in Hoehl’ s office. The two boys ran into the office where they saw her naked from the waist down. She was being held down by an older student and Hoehl was about to rape her. The boys helped her retrieve her clothes and wanted to get her out of the office as quickly as possible. Hoehl told them that he would release the girl if they stayed behind to take her place. They agreed. Hoehl locked the office on both sides and sodomized both boys. Another victim came forward in 2004 to report that Hoehl had touched him inappropriately between 1980 and 1984. On April 21, 2008, the Diocese issued a check to the male in the amount of $10,000.00 as a pastoral gesture for the financial difficulties he had experienced. The Diocese was also notified that Hoehl fondled the genitals of a 13-year-old boy in 1979 and approached the boy in the shower. These incidents occurred at Quigley and in a “cabin at a lake.” The victim received $40,000.00 from the Diocese to settle his part of a 32-victim lawsuit against the Diocese. He later received a check in the amount of $10,000 to help with his additional expenses. Another Quigley student, who alleged previous abuse by Hoehl, reported that on graduation day, his diploma case was empty. Hoehl informed him that if he wanted his diploma, he needed to come to see him. The student never returned to get his diploma because he did not want to deal with Hoehl. During treatment, Hoehl admitted that he had been sexually involved with several high school students when he was Headmaster at Quigley. On July 1, 1987, Hoehl was appointed as a chaplain at Shadyside Hospital. However, on November 29, 1988, he was informed by the Diocese that he could no longer continue in ministry. Hoehl resigned. After the Diocese withdrew his priestly faculties, he was provided with subsistence and medical benefits for 3 ½ years. James Hopkins Unknown employment history Summary: In November 2012, the Diocese of Pittsburgh received information from an adult male about Hopkins, performing a “medical exam” on him when he was freshman at St. Fidelis Seminary High School. The exam involved the young man bending over naked in front of Hopkins and listening to Hopkins make creepy comments about his behind. In 1995, Hopkins pleaded guilty to sexually molesting an altar boy in Camden County. He received a 10-year prison sentence and was ordered to register as a sex offender. John J. Huber 6/1968-5/1973: St. Canice Church, Knoxville, PA 5/1973-5/1979: St. Joseph Church, Duquesne, PA 5/1979-6-1983: St. James Church, Sewickley, PA 6/1983-7/1984: St. Joseph Home for Aged, Pittsburgh, PA 7/1984-8/1985: St. Bernard, Mt. Lebanon, PA 8/1985-8/1991: St. Thomas Aquinas, California, PA 8/1991-12/1998: St. Catherine of Siena, Wireton, PA Summary: An adult male reported that when he was in fourth or fifth grade, a priest by the name of Father Adams had touched him in his genital area. Sometime later, the boy went to confession and told Huber that he may be attracted to men. Huber responded that he should attend one-on-one counseling sessions. During one of those sessions, Huber performed oral sex on him and then gave him $20 afterwards. The male stated that this occurred on more than one occasion. Edward G. Huff 5/22/1973 – 2/27/1978: Holy Innocents, Pittsburgh, PA 2/27/1978 – 6/29/1983: North American Martyrs, Monroeville, PA 6/29/1983 – 1/10/1987: St. Gabriel of the Sorrowful Mother, Whitehall, PA 1/10/1987 – 6/17/1991: St. Anthony, Bessemer, PA 6/17/1991 – 2/27/1992: St. Anselm, Swissvale, PA 2/27/1992 – 11/2/1992: Leave of Absence 11/2/1992 – 1/7/1993: Office for Chaplaincies and Campus Ministry 1/7/1993 – 2/16/1993: Leave of Absence 2/16/1993: Resigned Summary: Records revealed that several victims provided similar accounts of Huff allowing them to drive his car while touching them inappropriately. On June 22, 1994, Huff was arrested and charged with several crimes in Lawrence County for conduct that occurred when he was a priest at St. Anthony’s. On Aug. 21, 1996, Huff pleaded guilty and was sentenced to serve 18 months to 5 years in prison. He was paroled on August 5, 1999. There was a May 5, 2000 handwritten note (author unknown) in Huff’s file. The note stated that Huff, “admitted to touching 500 kids and targeting at least 1200 . . .” Edward Joyce 3/15/1941 – 12/04/1946: Parochial Vicar, St. James, Wilkinsburg, PA 12/05/1946 — 6/15/1955: Parochial Vicar, St. Andrew, North Side, PA 6/16/1955 — 7/29/1959: Parochial Vicar, St. Titus, Aliquippa, PA 7/29/1959 — 10/05/1959: Parochial Vicar, St. Joseph, Sharpsburg, PA 10/06/1959 — 9/21/1959 (sic): Vic Enc, St. Joseph, Sharpsburg, PA 9/22/1959 — 7/22/1963: Pastor, St. Joseph, Sharpsburg, PA 7/23/1963 — 8/27/1968: Pastor, St. Joseph, North Side, PA 8/28/1968 — 1/11/1969: Chaplain, Sisters of St. Francis, Mt. Assisi, PA Summary: In December 2002, an allegation of sexual abuse by Monsignor Joyce was made to the Allegheny County District Attorney’s Office. A male had reported to the Diocese of Pittsburgh that Joyce had inappropriately touched him from 1966 to 1968 at a church in Allegheny County. He stated that he and Joyce gave each other massages which eventually led to naked massages and heavy touching. On one occasion, he and Joyce were caught in a compromising position. After the incident, Joyce was quickly reassigned to an all-girls school. Marvin Justi 1958-1969: St. Fidelis Seminary 1969-1972: Quigley High School, Ambridge, PA 1972: Good Shepard Catholic Church, Shawnee, KS 1980: St. Cecilia Catholic Church, Ambridge, PA 2002: St. Joseph Church, Cabot, PA Summary: In August 2016, a woman reported that in June 1969, she was a 17-year-old nursing student at Sewickley Valley Hospital. During that time, Justi was a patient and she gave him a sponge bath. He became sexually aroused and insisted that she continue to wash his genitals. After that, Justi began sending her suggestive letters and notes. Her mother found the notes and reported Justi to his superior. In 1982, the woman was working at a physical therapy facility in Ambridge when Justi arrived as a patient. He proceeded to undress and refused to get dressed when she attempted to start the session. He was asked to leave and seek therapy elsewhere. In 1985, Justi appeared at the female’s house unannounced. She allowed him to enter. While there, he used the restroom. He then re -appeared in the living room naked with a freshly shaven genital area. He left after she picked up the telephone to call the police. Diocesan records contained little to no documentation on any investigation conducted by the Diocese of Pittsburgh. Bernard J. Kaczmarczyk 6/13/1957-10/19/1959: Assistant, St. Robert Bellarmine, E. McKeesport PA 10/20/1959-5/30/1961: Assistant, St. Ladislaus, Natrona, PA 5/31/1961-9/21/1967: Assistant, St. Adalbert, South Side, PA 9/22/1967-9/19/1968: Assistant, St. Stanislaus, Ambridge, PA 9/20/1968-3/01/1970: Assistant, Holy Family, Lawrenceville, PA 3/01/1970-10/26/1992: Pastor, Holy Name of Mary, Donora, PA 10/30/1992: Leave of Absence 2/28/1994: Faculties withdrawn 11/1997-1/1998: Halfway house 6/1998: Suspended as a priest Summary: On Feb. 8, 1994, a female alleged that Kaczmarczyk had sexually abused her three nephews, ages 11, 14 and 15, at the rectory in Donora and also at his home in Florida. She also reported that her nephew would frequently sleep with Kaczmarczyk, who wore his sister’s dresses as pajamas. Joseph D. Karabin 1974 – 1979: Presentation of the Blessed Virgin Mary, Midland, PA 1979 – 1980: St. Joan of Arc, Library, PA 1980: St. Joseph the Worker, New Castle, PA 1980 – 1981: Holy Name, Duquesne, PA 1981 – 1986: St. Albert the Great, Baldwin, PA 1986 – 2002: Braddock Hospital, Braddock, PA Summary: Karabin was accused of molesting two children on separate occasions in 1980 and 1985 at two different parishes. Karabin told his superiors that the second incident occurred because of the stress he was under from not having his own pastorate. Treatment records noted Karabin was not a pedophile but had a “homosexual interest in boys 15 – 18” and that the “two incidents” of “acting out” were partially due to alcohol. In October 1991, a third victim advised that he had been sexually abused by Karabin when he was approximately 13 to 14 years old and an altar boy. Karabin undressed him, fondled him and attempted anal sex with him. Karabin resigned in 2002 but continued to receive sustenance and health benefits. John Keegan Employment history unknown Summary: In April 2014, an adult male reported that from 1957 through 1961, while he was a student at North Catholic High School, Keegan fondled his genitals and masturbated him. In May 2014 a second adult male reported that Keegan fondled his genitals in 1958 or 1959 while he was a student at North Catholic High School. That same month, a fourth adult male reported incidents involving Keegan and Brother Hildebrand. The male stated that from 1956 through 1960, Keegan fondled his genitals when he was a minor attending North Catholic High School. Keegan also offered to “examine” the male’s penis because of the male’s masturbation habits. The male further reported that Hildebrand asked him whether he ever saw his sister naked. Hildebrand then attempted to fondle him sexually. Again in May 2014, a sixth complaint from an adult male alleged Keegan fondled his genitals when he was a student in 1958 or 1959 at North Catholic High School. He also stated that Keegan asked to examine his genitals while they were together in the band pit area at the school. All of the allegations were forwarded to the Allegheny County District Attorney’s Office. Redacted – pending litigation The name of the priest, where he served and the exact incident was entirely redacted in the grand jury report. Henry Krawczyk 10/09/1978 — 6/29/1983: Parochial Vicar, St. Mary, McKeesport, PA 6/29/1983 — 6/12/1988: Parochial Vicar, Our Lady of Joy, Pittsburgh, PA 6/13/1988 — 10/26/1992: Parochial Vicar, St. Therese, Munhall, PA 10/26/1992 — 10/31/1994: Team Ministry, St. Maximillian, Homestead, PA 10/31/1994 — 6/23/2003: Pastor, St. Maximillian, Homestead, PA 6/23/2003 — present: Administrative Leave Summary: In February 2005, Krawczyk pleaded guilty to one count of involuntary manslaughter, resulting from a cookout he held on June 17, 2003 where he supplied alcohol to several underage University of Pittsburgh football players. One of the players fell to his death from the roof of St. Anne. Records reveal that on three other occasions, Krawczyk was accused of providing alcohol to minors. In November 2006, a confidential memorandum state that two brothers reported that Krawczyk engaged in sexual activity with their younger brother. Their younger brother told them that he and Krawczyk would frequently get high and drunk together. On one occasion, he passed out and awoke to Krawczyk performing oral sex on him. The young man committed suicide in August 2006. The Diocese paid for or reimbursed the family for the man’s drug treatment and funeral expenses. Redacted – pending litigation The name of the priest, where he served and the exact incident was entirely redacted in the grand jury report. Edward L. Kryston 5/30/1974-6/17/1979: Assistant, St. Luke, Carnegie, PA 6/18/1979-10/05/1980: Assistant, St. John, Unity, PA 10/06/1980-7/15/1984: Assistant, St Pius X, Pittsburgh, PA 7/16/1984-6/12/1988: Parochial Vicar, St. Martin, Pittsburgh, PA 6/13/1988-6/21/1989: Parochial Vicar, Our Lady of Joy, Holiday Park, PA 6/22/1989-1/11/1996: Parochial Vicar, Holy Trinity, Moon Run, PA 1/17/1996-9/23/1996: Leave of Absence 9/23/1996-8/27/1999: Parochial Vicar, St. Albert the Great, Baldwin, PA 8/27/1999: Pastor, St. Albert the Great, Baldwin, PA Summary: Kryston was accused of and treated for an unnatural interest in girls ages 15 to 19 and sometimes younger. The president of the St. Pius Parish Council wrote to the Pittsburgh Diocese in May 1984 about receiving several complaints about Kryston’s “negative attitude, his lack of concern for the Parish, and his seemingly strong interest in young women.” Kryston denied any inappropriate conduct or behavior. In December 1985, a concerned St. Pius teacher noted and reported: Kryston’s attention to eighth and ninth grade girls, while ignoring boys; his inviting girls to the rectory to talk at 11:15 p.m.; and circling the block of a young girl and then inviting her to accompany him alone on a shopping trip. In January 1986, other documented concerns regarding Kryston included “drinking and fooling around with girls,” arranging a dinner for two in the rectory with an eighth-grade girl and asking a class how they would feel if they were naked answering the telephone. There were pornographic magazines under Kryston’s bed and that he had pictures of a young girl from the school on his wall … in various poses, such as sitting under a tree, in a bikini. It was reported to the Diocese that Kryston had invited the girl on an overnight trip to an amusement park. They were to share the same motel room. The young girl’s parents refused to give Kryston permission to take their daughter on the trip. Sister Mary Ann Lostoski, principal of the Holy Trinity school, reported Kryston was always around seventh- and eighth-grade girls and often smelled of alcohol. Kryston was granted permission to withdraw for the active ministry in August 2002, with the promise the Diocese would continue to pay for his sustenance and benefits. Anujit Kumar 4/13/2002: Parochial Vicar, India 9/2008: Missionary, St. Joan of Arc, South Park, PA Summary: In September 2008, a minor female reported that Kumar had kissed her on her lips several times using his “tongue” and was “sucking her lips.” He then asked for her telephone number and gave her his business card along with a gift. Several other altar servers witnessed the incident. Kumar was interviewed by the Clergy Office concerning the incident and admitted to the conduct. He stated that his reason for kissing her inappropriately was that he was trying to “recruit her for the convent.” The incident was reported to the South Park Police Department but the victim and her parents declined to go forward with prosecution. George Kurutz 9/21/1944 – 11/08/1944: St. Stephen, Pittsburgh, PA 11/09/1944 – 6/25/1952: St. Joseph, West Aliquippa/St. Catherine Parish, Wireton, PA 6/26/1952 – 6/15/1955: St. George, South Side, PA 6/16/1955 – 10/05/1955: Holy Trinity, McKeesport, PA 10/06/1955 – 4/10/1960: Immaculate Conception, Washington, PA 4/11/1960 – 5/30/1961: Our Lady of Consolation, Nemacolin/St. Mary Parish, Crucible/Sacred Heart, Rices Landing, PA 5/31/1961 – 5/07/1965: St. Lawrence O’Toole, Pittsburgh, PA 5/08/1965 – 6/06/1967: St. Michael, New Castle PA 6/07/1967 – 8/31/1976: St. Helen, East Pitsburgh, PA 9/01/1976: Resigned A 47-year-old female stated that she and her sister were molested by Kurutz in the late 1950’s and early 1960’s. She stated their mother sent them to Kurutz at his new parish in New Castle when she was in sixth grade. She reported that more serious incidents occurred with her sister. She also advised that her sister walked in on their mother while she was performing oral sex on Kurutz. Fidelis Lazar 1966 – 1969: St. Vincent / Latrobe, Instructor 1970 -1975: St. Bede / Bovard, Instructor 1975 – 1976: Sacred Heart / St. Mary, Instructor 08/16/1976 – 03/22/1981: St. Clare / Clairton, Parochial Vicar 03/23/1981 – 7/07/1982: St. Joan of Arc / Library, Parochial Vicar 07/08/1982 – 05/31/1984: St. Mary / New Castle, Parochial Vicar 06/01/1984 – 06/13/1986: St. Joseph / Bloomfield, Parochial Vicar 06/14/1984 – 04/23/1987: St. Teresa / Koppel, Parochial Vicar 04/23/1987 – 09/25/1989: Leave of Absence 09/25/1989: Withdrew from active priestly ministry Summary: In October 1986, an adolescent male reported he had been sexually abused by Lazar in June 1986. Lazar initially denied the allegation, stating the family was “troubled” and was singling him out. In treatment, Lazar admitted being sexually active with children after his ordination. In September 1994, another male contacted the Diocese and gave an in-person account of his abuse by Lazar. He reported that he was only 15 or 16 years of age at the time. In March 2002, the Diocese received communication from a male asking for the status of Lazar. This male reported that when Lazar was a Benedictine monk in the 1960’s, Lazar abused him while he was at St. Vincent’s Preparatory School in Latrobe. Redacted – pending litigation The name of the priest, where he served and the exact incident was entirely redacted in the grand jury report. Albert Leonard 1987: Parochial Vicar, Saint Ursula, Allison Park, PA November 1993: Leave of Absence Summary: In 1989 and 1993, the Diocese of Pittsburgh received complaints about Leonard’s behavior with children. In one case, parents expressed their concern about Leonard’s relationship with their 14-year-old son. In another case, parents expressed concern about Leonard’s relationship with their minor son and reported that he swam nude with boys. In September 1994, Leonard attempted to obtain employment with Holy Family Institute, a residential treatment facility for children. The Diocese disclosed information regarding Leonard’s sexual history with minors to the institute. Leonard complained to the Diocese that the disclosure of that information had hindered his employment. The Diocese did not notify law enforcement of Leonard’s conduct. Casimir F. Lewandowski 12/6/1945 – 10/23/1946: St. Matthew, Pittsburgh, PA (Southside) 10/24/1946 – 6/17/1953: St. Kieran, Pittsburgh, PA (Lawrenceville) 6/18/1953 – 9/16/1953: Mercy Hospital, Pittsburgh, PA 9/17/1953 – 6/7/1955: Catholic University, Washington, DC (Studies) 7/8/1954 – 9/1/1954: St. Leocadia Parish, Wilmerding, PA 6/16/1955 – 3/13/1964: Diocesan Charities 3/14/1964 – 12/16/1973: Madonna of Czestochowa, New Castle, PA 12/17/1973: Resigned Summary: A 64 -year -old female reported to the Diocese of Pittsburgh in 2016 that she was sexually abused by Lewandowski when she was approximately 12 and in sixth grade. The incident occurred when he was assigned to Madonna of Czestochowa. The woman recalled walking upstairs in the rectory with Lewandowski. She was wearing a yellow dress and recalled his erect penis and semen on her dress. He said to her, “You are a dirty little girl, aren’t you?” The Diocese informed her that the Lawrence County District Attorney’s Office would need to be contacted. The Diocese reimbursed her for the cost of years of therapy. John P. Maloney 5/27/1964 – 6/01/1971: Nativity of Our Lord, Pittsburgh, PA 6/02/1971 – 9/30/1973: St. Phillip, Pittsburgh, PA 10/01/1973 – 2/04/1979: St. Kieran, Pittsburgh, PA 2/05/1979 – 10/12/1982: St. Michael, Pittsburgh, PA 10/13/1982 – 9/03/2004: Holy Sepulcher, Butler, PA Summary: On January 7, 2004, an adult male reported he had been sexually abused as a child by Maloney beginning when he was in the eighth grade and continuing into his freshman high school year. The man said he had a newspaper delivery route that included the St. Phillip rectory. He said Maloney would sometimes invite him into the rectory to sit and talk. This usually occurred around 5:30-6 a.m. The male reported that during these times together, Maloney would take photographs of him, first fully clothed but eventually in his underwear. The man said he began delivering papers at 3 a.m. to avoid Maloney. He said sometimes Maloney still invited him into the rectory. The man said he eventually told his mother, who did not believe the abuse allegations. On Jan. 9, 2004, Maloney was placed on administrative leave and he resigned as pastor at Holy Sepulcher. On Sept. 3, 2004, Maloney’s priestly faculties were withdrawn. The victim said he befriended another priest in high school, his freshman religion class teacher “Dom McGee.” He said in his sophomore around 1973 he went to McGee’ s parents home to help McGee paint. While there, he went into the bathroom to use the toilet while McGee was in the shower. McGee became extremely upset, got out of the shower, grabbed him, pulled his pants down and masturbated him. McGee then said, “Now how do you like that, don’t you ever walk in on me again!” On Jan. 15, 2004, the man’s brother reported he had been abused by McGee on one occasion while sitting on the couch. He stated that he fell asleep and awoke to find McGee groping his genitals. Julius May No employment history given Summary: In May 2011, an adult male reported when he was a student at North Catholic High School during the 1963-1964 school year, he had developed a medical condition known as orchitis which is a form of mumps that settles in the testicles. He stated that May, who was a counselor at the high school, demanded to conduct a medical examination of his genitals. He refused and left May’s office. In May 2014, a 66-year-old male reported that he was inappropriately touched on the leg by May when he was a student at North Catholic High School during the 1962-1963 school year. He said the principal, when informed, passed off the experience as May just being friendly. Dominic McGee Employment history unknown Summary: The grand jury was provided little to no information on McGee. Three internal Diocese of Pittsburgh memorandums revealed that in January 2004 a sexual allegation was made against McGee wherein an adult male alleged that McGee masturbated him when he was a high school student in the early- to mid-1970s at Canevin High School in Allegheny County. The male’s younger brother further advised that McGee groped his genitals while he slept on a couch. The allegations were forwarded to the Allegheny County District Attorney’s Office. Donald W. McIlvane 6/26/1952-6/12/1957: Parochial Vicar, St. Stephen, Pittsburgh, PA 6/13/1957-10/31/1960: Parochial Vicar, St. Paul Cathedral, Pittsburgh, PA 11/01/1960-6/26/1962: Parochial Vicar, Resurrection, Pittsburgh, PA 6/27/1962-4/20/1966: Chaplain Correctional Institution, Allegheny County Jail 4/21/1966-6/07/1976: Administrator, St. Richard, Pittsburgh, PA 6/08/1976-11/22/1985: Pastor, Corpus Christi, Pittsburgh, PA 11/23/1985-6/01/1992: Pastor, Presentation of Virgin Mary, Midland, PA 6/01/1992-12/01/1992: Sabbatical at St. John Fisher, Pittsburgh, PA 12/01/1992-1/22/1993: Awaiting Assignment at St. John Fisher, Pittsburgh, PA 1/22/1993-6/27/1994: Parochial Vicar (Part-time), St. John Fisher, Pittsburgh, PA 6/27/1994-12/30/1994: Chaplain, Motherhouse at Sisters of Divine Providence, Allison Park, PA 9/29/2008-12/15/2008: Leave of Absence Summary: On July 22, 2008, a 43-year-old man reported that in 1973 he was in the third grade at St. Richard’s and served as an altar boy. One day he was not feeling well and McIIvane escorted him up to a bedroom in the rectory. After he lay down, McIIvane began to rub his stomach and thighs, then started to rub his penis through his clothing. McIIvane then unzipped his pants and performed oral sex on him. He said Mcllvane gave him $5. The male reported that between 1973 and 1977, McIIvane performed oral sex on him at least 40 times per year and that he was always paid afterwards with money from the parish donations. On Sept. 9, 2008, the Diocese provided the male with $5,000 to help him through some additional financial difficulties. The money was not intended to be considered as any type of reimbursement or “settlement” related to his claim. A month later, the Diocesan Review Board met and reviewed the allegations. The Board determined that the allegation could not be substantiated because the information was inconclusive and unable to be verified. The Board then recommended Mcllvane be restored to priestly ministry. Thomas McKenna 5/31/1972 – 5/21/1973: Parochial Vicar, St. Anselm, Swissvale, PA 5/22/1973 – 2/13/1978: Parochial Vicar, Immaculate Conception, Washington, PA 2/14/1978 – 10/01/1978: Chaplain, Marian Manor Nursing 10/02/1978 – 2/04/1979: Parochial Vicar, St. Maurice, Forest Hills, PA 11/01/1978 – 2/04/1979: Leave of absence, Health reasons 2/05/1979 – 8/15/1982: Parochial Vicar, St. Kieran, Lawrenceville, PA 8/16/1982 – 5/31/1984: Parochial Vicar, St. John Fisher, Churchill, PA 6/01/1984 – 9/11/1986: Parochial Vicar, Holy Innocents, Sheraden, PA 9/12/1986 – 7/21/1987: Chaplain, Sewickley Valley Hospital, PA 7/22/1987 – 8/22/1988: Chaplain, Forbes Regional Hospital, PA 8/22/1988 – 5/23/1994: Pastor, St. Edward, Blawnox, PA 5/23/1994 – 1/05/1998: Pastor, Our Lady of Fatima, Hopewell, PA 1/05/1998 – 7/31/1998: Chaplain, SCI Pittsburgh, PA 8/31/1998 – 10/30/1998: Asst. Chaplain, Allegheny University Medical Center, PA 10/30/1998: Administrator, St. Patrick – St. Stanislaus, Pittsburgh, PA 9/13/2004: Withdrew from active priestly ministry Summary: Two teenage brothers claimed to have been sexually assaulted by McKenna in the 1970s. An October 1996 Diocesan memorandum documented that McKenna was confronted with several allegations of improper sexual activity. On Oct.18, 1999, a lawsuit was filed against McKenna by an inmate incarcerated at the State Correctional Institution at Pittsburgh alleging McKenna had sexually assaulted him while he was in prison. In May 2002, the Diocese of Pittsburgh received a report from a woman who stated that McKenna had sexually abused her son in 1975. No other documentation was found in the file. In December 2004, a final summary of treatment for McKenna was diagnosed with Ephebophilia, an attraction to teenagers. Albert McMahon 7/05/1961- 7/01/1964: Team Ministry at St. Pamphilus, Beechview, PA Unknown – 9/14/1967: Parochial Vicar at Our Lady Help of Christians, Pittsburgh, PA Unknown – 2004: Province of the Immaculate Conception, New York 10/2004: Removed from active ministry Summary: On April 22, 2004, a 54-year-old female reported she was sexually abused by McMahon when she was approximately 11. She explained that she went to St. Pamphilus to play and “Father Albert” always showed her a lot of attention. She said that on a few occasions, he would have her sit on his lap and fondle her breasts and genitals. She noted that McMahon smelled of alcohol. On Jan. 10, 2014, a 63-year-old male reported that in the mid-1960s, when he was approximately 11 to 14, he served as an altar boy at St. Pamphilus. He stated that “Father Albert” would invite the altar boys to his room on Saturdays to wrestle. The man said, to the best of his knowledge, Father Albert would always invite the boys to wrestle with him individually, never in a group. The male reported that when they would wrestle, McMahon would always get on top of him and that McMahon would always have an erection. On Feb. 5, 2014, a 64-year-old male reported that when he was approximately 12 to 13 he would wrestle with McMahon. He recalled that McMahon would have an erect penis and would attempt to put it in his “behind.” No information could be located within McMahon’s files as to whether McMahon was confronted with the allegations. John J. McMahon 12/05/1940-1/14/1942: Parochial Vicar, Holy Family, Latrobe, PA 1/15/1942-6/17/1953: Parochial Vicar, St. Mary Mercy, Pittsburgh, PA 1/15/1942-6/17/1953: CCD Assistant, St. Mary Mercy, Pittsburgh, PA 6/18/1953-6/12/1957: Parochial Vicar, St. John the Baptist, Pittsburgh, PA 6/13/1957-2/19/1958: Parochial Vicar, St. Sylvester, Brentwood, PA 2/20/1958-1/19/1960: Parochial Vicar, St. Peter, Pittsburgh, PA 1/20/1960-6/07/1960: Parochial Vicar, St. Catherine, Pittsburgh, PA 6/08/1960-6/14/1970: Pastor, North American Martyr, Monroeville, PA 6/15/1970-6/30/1984: Pastor, Resurrection, Pittsburgh, PA 6/30/1984: Retired Summary: On June 14, 2004, a therapist and her client, an adult female, met with representatives of the diocese. The female explained that between 1969 and 1976 she was molested by McMahon and another priest whose name was redacted from the grand jury report. She advised that her recollection of the events was not completely clear but she estimated that it occurred when she was 7 to 15 years old. She stated that the molestation took place on the second floor of the rectory where the two priests maintained private residences. She could recall being with McMahon when he was naked. McMahon encouraged her to touch him in inappropriate areas of his body. On other occasions, other children were present and McMahon encouraged them to touch each other. The female reported that the abuse by McMahon and the other priest progressed over time from touching and fondling to sexual intercourse. Frank Meder Marianist Community. No other employment history listed. Summary: On Aug. 1, 2011, an adult female reported that Brother Meder inappropriately touched her in the late 1950s when she was approximately 8 or 9. She said Meder would invite the Troy Hill neighborhood children into the North Catholic High School to give them leftovers from the cafeteria such as drinks or candy. She stated that she followed Meder into his office and sat on his lap. He then fondled her. She stated that this abuse occurred to many children who visited the school. On April 6, 2014, an adult male reported he also had been abused by Meder when he was approximately 10 or 11 in 1953 or 1954. He said that Meder invited the Troy Hill neighborhood children into North Catholic High School to see his stamp collection on Saturdays. Meder then took each child into his office behind the kitchen and molested them. He reported that this occurred for at least two years. He also reported abuse by Brother Hildebrand. On May 5, 2014, another adult male reported that between 1955 and 1957 at North Catholic High School, when he was approximately 8 to 10, Meder offered to cut his and his brother’s hair to help his mother save money. During these monthly, Saturday haircuts, Meder would rub the boys’ thighs and smack their buttocks. Meder would then give them a bag of chips and some pop. The man’s brother confirmed this information. On May 7, 2014 a third adult male reported that in the mid-1960s at North Catholic High School when he was approximately 9 to 10 Meder invited him and other children from the Troy Hill neighborhood into the school where he took each child into his office, one at a time. He reported Meder gave them candy, but only after he spanked them. This occurred on approximately six occasions. On May 8, 2014, a fourth adult male reported that in 1953 or 1954 when he was 10 or 11, Meder invited the children into North Catholic High School on Saturdays. Meder often gave the children pop and candy. He would then line the children up, and have them take turns sitting on his lap in a rocking chair in his office. The man recalled that as a child, he “always wondered what was in Brother Franks’ pants.” When he got older, he realized that Frank had an erection. He also provided information about abuse by Brother Keegan. Redacted – pending litigation The name of the priest, where he served and the exact incident was entirely redacted in the grand jury report. Arthur R. Merrell Not specified Chaplain, Allegheny County Jail and Shuman Juvenile Detention Center 2/20/1998 Resigned Summary: In September 1997, the diocese received a report that Merrell had inappropriately touched a boy under the age of 15. Merrell admitted to the inappropriate sexual act and withdrew from the priestly ministry in February 1998. The Diocese did not forward the information to the Allegheny County District Attorney’s Office. In a confidential memorandum dated July 2014, Merrell minimized his inappropriate actions with minors and asked the diocese for money. The diocese granted Merrell’s request for a “charitable gift of money” in the sum of $5,000. Redacted – pending litigation The name of the priest, where he served and the exact incident was entirely redacted in the grand jury report. Joseph Mueller 7/05/1983 – 7/14/1984: Parochial Vicar, St. Bernard, Mt. Lebanon, PA 7/15/1984 – 6/16/1986: Parochial Vicar, Holy Spirit, West Mifflin, PA 6/16/1986 – 1/22/1987: In Residence, Cardinal Wright Center 1/23/1987 – 2/1988: St. John’s Hospital, Ministry 11/29/1988 – 2/24/2003: Administrative Leave 2/24/2003: Withdrew from Active Ministry Summary: In April 1986, a young man advised that when he was approximately 13 to 14, Mueller attempted to remove or pull down his shorts on several occasions. This occurred when he stayed overnight with Mueller at the Holy Spirit rectory. In December 1986, in a letter to the diocese, medical staff stated that they stood by their recommendation Mueller “not work with children or adolescents.” As of November 1988, Mueller’s faculties were withdrawn. Lawrence O’Connell 7/03/1930-7/21/1948 (sic): Parochial Vicar, Annunciation, North Side, PA 1/04/1940-7/23/1941: Administrator, Annunciation, North Side, PA 3/10/1946-3/27/1946: Vicar ENC, Annunciations, North Side, PA 7/22/1948-10/16/1948: Vicar ENC PRO TEM, Master Dolorosa, Chicora, PA 10/16/1948-6/25/1952: Pastor, Master Dolorosa, Chicora, PA 6/26/1952-6/28/1983: Pastor, St. Gabriel, Whitehall, PA 6/29/1983: Resigned Summary: On Jan. 7, 2004, an adult female alleged that O’Connell sexually abused her on numerous occasions when she was approximately 11 to 13. She stated that she and a friend worked in the rectory at St. Gabriel on Mondays, counting the loose change from the Sunday services. She stated that O’Connell would ask her to stay behind and then invite her into his office where he would touch her inappropriately, French-kiss her and have her perform oral sex on him. She reported that the abuse occurred once a week for over a year. O’Connell told her; “You are special and this is our special time together.” He also told her not to tell anyone about their secret because otherwise it would not be special anymore. Additionally, he told her he loved her. She stated that she remembers the feeling of dread that she had on Sunday nights knowing that she would be subjected to the sexual abuse the next day. Although she told her parents about the abuse many years later, they did not pursue the subject. On April 28, 2004, a local reporter who had been a member of O’Connell’s parish confirmed that she was among his victims. Thomas M. O’Donnell 6/1960-5/1964: St. Kieran, Lawrenceville, PA 5/1964-6/1966: St. John the Evangelist, Pittsburgh, PA 6/1966-8/1971: St. Norbert, Pittsburgh, PA 9/1971-4/1975: St. Clare, Clairton, PA 5/1975-6/1983: Annunciation, Pittsburgh, PA 6/1983-7/2000: St. Wendelin, Carrick, PA 7/2000-9/2001: St. Maximilian Kolbe, Homestead, PA 9/2001-11/2005: St. John Vianney, Pittsburgh, PA 11/2005-8/2006: St. Cyril of Alexandria, Pittsburgh, PA 8/2006-7/2014 St. Mary of Mercy, Pittsburgh, PA 7/2014 – Present Epiphany, Pittsburgh, PA Summary: In 1988, parents complained to administrators at St. Wendelin that O’Donnell was requiring boys, who were around the age of 12, to shower after basketball games and get weighed while nude. Many parents expressed displeasure that all of this was occurring while O’Donnell was present in the locker room and shower areas. Administrators told O’Donnell not to be in the locker room in the future. In early December 1988, O’Donnell was informed of the complaints against him and ordered to disassociate himself from the supervision of the athletic programs. O’Donnell also was directed to inform his coaching staff that showers and weigh-ins were not mandatory. From late December 1988 through mid-March 2002, parents continued to report to the Diocese that O’Donnell had engaged in inappropriate behavior with children. That included allegations of sharing beds with students while on trips, holding sexual conversations and having a male student wash O’Donnell’s dog while nude. O’Donnell continued to violate a diocese order not to have any contact with children. In January 2014, O’Donnell requested permission to attend a memorial mass performed by the United States Navy. The Navy required that a diocesan representative provide a letter of good standing in order to attend. The diocese provided a letter of good standing and a form indicating O’Donnell’s files had been reviewed and that “No accusations of misconduct have ever been made against him, nor has he ever been involved in any incident, to my knowledge, which has led to potential or public scandal;” and “To the best of my knowledge, he has never engaged in sexual behavior inconsistent with priestly celibacy, nor has he ever acted in an inappropriate manner with minors.” William P. O’Malley, III 6/15/1970-5/23/1973: Assistant, St. Jerome, Charleroi, PA 5/22/1973-9/14/1978: Assistant, St. Canice, Pittsburgh (Knoxville), PA 9/15/1978-3/28/1982: Assistant, St. Francis de Sales, McKees Rocks, PA 3/29/1982-11/15/1985: Assistant, St. Paul, Butler, PA 11/16/1985-8/24/1992: Pastor, St. Conrad, Meridian, PA 8/25/1992-8/10/1995: Auditor-Assessor Tribunal, Diocese of Pittsburgh 8/11/1995-6/29/1997: Pastor at Devine Mercy, Beaver Falls, PA 6/30/1997-12/14/1997: Pastor at St. Irenaeus, Oakmont, PA 12/15/1997-11/15/1998: Requested Leave of Absence for Personal Reasons 11/16/1998-5/18/2003: Canonical Consultant Tribunal, Diocese of Pittsburgh 5/19/2003: Withdrawn from active Priestly Ministry Summary: On April 21, 1991, the Diocese received a complaint that O’Malley was having young people spend too much time at the St. Conrad rectory. On this same date, two ministers relayed allegations that O’Malley had given an underage boy numerous gifts, including remote control cars, electronic devices, use of O’Malley’s credit card, and at least one trip to the Bahamas. O’Malley denied any wrongdoing. An audit discovered that O’Malley and a teenager had a joint bank account together and that the boy stayed at the rectory and was the primary user of new guest furniture that had been purchased by O’Malley. On Dec. 23, 1993, an adult male reported that he was sexually assaulted by O’Malley when he was approximately 22. On December 12, 1997, an adult male advised that he was sexually abused by O’Malley in 1978 when he was approximately 11 to 12. He stated that O’Malley provided him with alcohol and then, after he went to bed, O’Malley got into bed with him, removed his shorts, and fondled his genitals. In December 1997, O’Malley was granted a leave of absence and sent for treatment. On Jan. 12, 1998, a confidential memorandum advised that O’Malley was given a diagnosis of “ephebophilia,” based on his admitted sexual interest in adolescents and that O’Malley was at a high risk for seeking emotional gratification with adolescents. On Feb. 12, 1998, a letter was sent from a psychiatrist regarding O’Malley noted that O’Malley “describes no sexual interest or experiences with any youngster who was not a teenager” and that “the incidents that occurred number 5 or less, were never repeated with the same individual, and never included anything more than touching with his hands.” The doctor further stated that no sexual activity with minors had reoccurred since 1982 and that O’Malley should be allowed to return to his ministry. On Feb. 20, 1998, a confidential letter advised that during treatment O’Malley stated that he had a fantasy for “well-built 16-, 17- or 18-year-olds,” along with a continued overinvolvement with youth, and an inappropriate preoccupation with things that attract youth. From April 5, 2002 to Jan. 13, 2006, six additional victims independently came forward to report that they were sexually assaulted by O’Malley. Three advised they were sexually abused in the 1970s when their ages ranged from 8 to 14. The three remaining victims advised that they were sexually assaulted in the mid-1990s and as recently as 1999. These three victims ranged in age from 11 to 17. Ernest Paone No further information on Paone was listed in the grand jury report. George Parme 7/22/1948 – 2/6/1952: St. Peter, Butler, PA 2/7/1952 – 1/30/1957: St. Aloysius, Wilmerding, PA 1/31/1957 – 8/11/1958: Presentation BVM, Midland, PA 8/12/1958 – 10/15/1958: No Assignment 10/16/1958 – 1/19/1960: Most Holy Name, Troy Hill 1/20/1960 – 6/7/1960: No Assignment, in residence at St. Patrick, Strip District 6/8/1960 – 10/13/1963: St. Catherine, Beechview, PA 10/14/1963 – 12/13/1963: St. Agnes, Oakland, PA 12/14/1963 – 5/26/1964: St. Joseph, North Side, PA 5/27/1964 – 1/30/1968: Mt. Nazareth Academy, Bellevue, PA 1/31/1968 – 11/17/1969: Mother of Good Council, Brushton, PA 11/18/1969 – 11/14/1974: St. Louis and St. Pascal, Argentine 11/15/1974 – 6/19/1989: St. Cecilia, Glassport, PA Summary: According to a lawsuit, the victim served as an altar boy at St. Aloysius. In 1954, when the victm was approximately 13 years old, Parme fondled his genitals while he was getting dressed before mass in the sacristy. It was also alleged that abuse occurred in Parme’ s car. The abuse continued for one year. The Diocese agreed to pay a total amount of $1.25 Million to 31 plaintiffs in the lawsuit. Paul E. Pindel 6/21/1951-12/03/1952: St. Stanislaus, Ambridge, PA 12/04/1952-12/16/1953: St. John Cantius, Sharpsburg, PA 12/17/1953-6/12/1957: St. Robert Bellarmine, E. McKeesport, PA 6/13/1957-6/09/1959: Holy Family, Pittsburgh, PA 6/10/1059-12/07/1960: Holy Angels, Hays, PA 12/08/1960-6/06/1966: St. William, E. Pittsburgh, PA 6/07/1966-3/27/1969: St. Martin, Pittsburgh, PA 3/28/1969-11/01/1971: St. Rose of Lima, Darlington, St. Ann, New Galilee 11/02/1971-10/13/1973: Chaplain, Gilmary School, Coraopolis, PA 10/14/1973-12/09/1985: St. Genevieve, Canonsburg, PA 12/10/1985-7/06/1989: St. Hyacinth, Pittsburgh, PA 7/06/1989-2/26/1991: Leave of Absence (Brain Tumor) Summary: In April 2012, an adult male alleged Pindel inappropriately touched him when he was between 13 and 15 from 1957 through 1960 in Allegheny County and Butler County. The victim also recalled going to a drive-in where Pindel performed oral sex on him. Even after Pindel was transferred, he would continue to go to the victim’s house, take the victim places and often give the victim money. In May 2003, the Diocese received an allegation that Pindel engaged in inappropriate sexual contact with a minor who was an eighth grade student at St. William around 1965. According to the victim, once he entered high school, Pindel had senior boys threaten and beat him up so that he would not disclose the prior sexual contact. According to the victim, he attempted several times to discuss what happened to him but was told it would never go anywhere because they would believe a priest over a boy. The victim attempted to talk to another priest and was told that he should be ashamed of himself. In August 2011, it was reported that Pindel engaged in inappropriate sexual contact with a minor between the ages of 6 and 9 between 1980 and 1984 in Washington County. The victim stated that the abuse began when he was 6. He related that he would be pulled out of class by Pindel and taken to the rectory where he would be sexual assaulted. Pittsburgh Priest #1 Omitted Summary: In 2004, a priest had a discussion with a TV reporter who said they were preparing to do a story about a World War II veteran who said he was sexually abused by a priest 70 years earlier. While the priest was never mentioned in the memorandum, he did state that the priest in question died in 1958. Francis Pucci 6/13/1957: Parochial Vicar, St. Vitus, New Castle, PA 11/29/1961: Parochial Vicar, Our Lady of Mount Carmel, Braddock, PA 6/17/1962: Parochial Vicar, St. Vitus, New Castle, PA 5/13/1965: Parochial Vicar, St. Mary, McKeesport, PA 6/07/1966: Parochial Vicar, Epiphany, Uptown, PA 6/10/1968: Headmaster, Lawrenceville Catholic 3/28/1969: South Side Catholic, Consolidation 6/15/1970: Administration, St. Januarius, Renton, PA 5/22/1972: Pastor, St. Eugene, Liberty Boro, PA 7/02/1973: Pastor, Purification, Ellwood City, PA 10/06/1980: Pastor, St. Joseph, Coraopolis, PA 9/30/1981: Pastor, St. Alphonsus, McDonald, PA 7/01/1984: Pastor, Our Lady of Lourdes, Burgettstown, PA 2/15/1987: Pastor, Immaculate Conception, Washington, PA 10/29/1987: Leave of Absence, Health reasons 2/10/1992: Retired Summary: Pucci was named in the following allegations: In 2002, a man revealed that Pucci fondled him to the point of ejaculation in 1962. In 2004, a man said Pucci inappropriately touched him in 1988. This occurred when he was a minor. In 2007, a man reported Pucci engaged in inappropriate sexual touching with him when he was a minor at a church in Corapolis. In November 2014, a man said Pucci touched him sexually in 1981 and 1982 at a church in Corapolis. He was an altar server during that time, and Pucci would instruct him to wear either nothing or jock straps underneath his cassocks. In December 2014, another man said Pucci sexually touched him when he was a minor around 1981 and 1982 at a church in Allegheny County. In May 2016, Washington County District Attorney’s Office received a report from an anonymous man who said Pucci touched him sexually in 1983 at a church in McDonald. In October 2016, a man reported Pucci sexually touched him while at a church in Coraopolis in 1980. John W. Rebel 5/13/1965 – 6/6/1967: St. Bernard, Mt. Lebanon, PA 6/7/1967 – 8/27/1967: St. Veronica, Ambridge, PA 8/28/1967 – 9/19/1968: St. Joseph, Verona, PA 9/20/1968 – 5/22/1973: St. Michael, Elizabeth, PA 5/23/1973 – 8/15/1974: Leave of Absence 6/8/1973 – 8/15/1974: St. Kieran, Lawrenceville, PA 8/16/1974 – 11/4/1976: Assumption, Bellevue, PA 11/5/1976 – 6/29/1981: St. Margaret Mary, Moon Township, PA 6/30/1981 – 7/7/1982: St. Anselm, Swissvale, PA 7/8/1982 – 7/2/2001: St. Killian, Mars, PA 7/2/2001 – 6/15/2002: St. Bartholomew, Penn Hills, PA, Sabbatical Second Semester of 2001-2002 1/15/2002 – 7/3/2002: Sabbatical at North American College in Rome 7/3/2002 – 9/1/2010: St. James the Apostle, Bedford, PA Summary: The diocese received a report that Rebel molested a boy in a boy’s bedroom when he was 10 or 12 years old in the 1970s following a home mass. In 2009, the diocese met with the parents of the victim, who said that their son (now deceased) told them of the abuse years after it happened. They stated that Rebel would often drive their son home after CCD and, while the parents didn’t know what was going on in the rides, it became clear from their son’s level of emotion that sexual abuse may have occurred. Later in 2009, Rebel met with the diocese about the allegations, and he said that while he remembered the parents, he didn’t remember the children nor having a home mass. In May 2009, the parents met with Bishop Zubik, who told the parents he spoke to Rebel and heard his denial. Zubik felt that Rebel was telling the truth, and while Zubik believed what the son had alleged, he felt that perhaps the abuse was committed by another priest. After reviewing church records, it was in all likelihood that another priest was the parish priest at the time when the abuse occurred, and advised that the church would conduct more research. Based on the files presented, it did not appear any further investigation was conducted. Raymond R. Rhoden 11/05/1976-7/07/1982: Parochial Vicar, Nativity of Our Lord, Pittsburgh, PA 7/08/1982-6/21/1989: Parochial Vicar, St. Francis of Assisi, Finleyville, PA 8/25/1988-6/21/1989: Chaplain, part-time, Monongahela Valley Catholic High School, Monongahela, PA 6/21/1989-10/05/1992: Chaplain, part-time, Our Lady of Sacred Heart High School, Coraopolis, PA 6/21/1989-10/05/1992: Parochial Vicar, St. Joseph, Coraopolis, PA 10/05/1992-10/26/1992: Administrator, St. Philip Neri, Donora, PA 10/26/1992-6/30/1997: Team Ministry -Moderator, Our Lady of the Valley, Donora, PA 6/30/1997-5/17/2002: Pastor, St. James, Sewickley, PA 5/17/2002: Administrative Leave 7/05/2002: Withdrew from active priestly ministry; Retired Summary: In 2002, the parents of an adult male met with diocesan officials in Pittsburgh to report that their son was sexually abused by Rhoden between 1976 and 1977. Rohden was considered a family friend, and that he spent a lot of time at their home. The son informed them that Rhoden fondled him and performed oral sex over a number of months when he was 16 or 17 years old. The parents said they spoke to Bishop McDowell about the sexual abuse, and he told them that he would take care of the allegations. However, they never heard from him again. Carl Roemele 5/1963-5/1964: St. Joseph, Mt. Oliver, PA 5/1964-6/1966: St. Alexis, Wexford, PA 6/1966-8/1967: St. William, Pittsburgh, PA 8/1967-5/1972: St. Joseph, Duquesne, PA 5/1972-9/1975: St. Agatha, Bridgeville, PA 9/1975-2/1976: Allegheny Community College, Pittsburgh, PA 9/1975-2/1976: Epiphany, Pittsburgh, PA 9/1975-2/1976: Allegheny County Jail, Pittsburgh, PA 2/1976-8/1976: Leave of absence; voluntary laicization Summary: The diocese received a letter in June 1967 that revealed Roemele was engaged in sexual misconduct with four different young boys. The woman said Roemele made sexual advances toward her son, his friend and then another boy in a separate incident. She said that while at a camp site, Roemele told him a fourth boy to shower after swimming. Roemele then entered the shower, and when Roemele dropped the soap, he tried to bite the boy. In mid-August 2004, another man said he was abused by Roemele while an altar boy at St. Joseph. He said Roemele would grope and fondle him and two other altar servers before mass. The victim said the abuse would last about 20 to 30 minutes each time, over the course of a year. In October 2010, the diocese received a phone call from a mother who said her son was sexually abused by Roemele when he was 10. Roemele would take them to a cabin she referred to as “Mo’s cabin.” She explained that her son died in 2003 after complications from alcoholism, adding that he began drinking in 1969 when he was just 10 years old. When confronted in early 2009 about some of the allegations, Roemele ultimately denied all of them, saying that they likely misinterpreted his actions towards them as sexually abusive and they were not meant in that way. Michael C. Romero 10/13/1977-2/23/1978: Parochial Vicar, North American Martyrs, Monroeville, PA 2/24/1978-7/07/1982: Parochial Vicar, Immaculate Conception, Washington, PA 7/08/1982-6/02/1985: Parochial Vicar, St. Veronica, Ambridge, PA 6/03/1985-3/15/1990: Parochial Vicar, St. Basil, Carrick, PA 3/15/1990-6/17/2000: Leave of Absence Summary: The first allegation of abuse came in 2013. The diocese received a phone call from a woman who said her boyfriend was sexually abused by Romero when he was assigned to Immaculate Conception. The woman said her boyfriend’s mother contacted the diocese to report the abuse, but no report about the allegation was made at that time. The mother told the diocese and said that Romero bought her son all kinds of gifts, including a ski jacket. In 2013, the son contacted the diocese to report “questionable behavior” from when he was a child. He said that “things” happened, but he was reluctant to talk about anything else. Romero and another priest were often heard talking about masturbation in front of him and the other young boys, the man said. A 2012 memorandium included information about a second abuse allegation against Romero, who said he was sexually abused by Romero while at Immaculate Conception. No other information about that victim was provided. Oswald E. Romero 1955-1965: St. Francis Borja HS, Quito, Ecuador 1961-1965: Jesuit College & University, Quito, Ecuador 1961-1965: Catholic University, Quito, Ecuador 1966-1977: University of Pittsburgh 1977-1993: Chaplin, St. Joseph House of Hospitality, Pittsburgh, PA 1993: Retired 1991-1997: St. Mary of Mercy, (Confessor), Pittsburgh, PA Summary: In April 2006, a 53-year-old man accused Romero of sexually abusing him between the ages of 13 and 14 (1966 or 1967). The victim attended St. Regis in Oakland and was familiar with Romero, where Romero assisted from time to time. The victim said that during a driving lesson, Romero had the victim sit on his lap, but he was driven home without incident. During a second lesson, Romero began to run his leg and eventually his genitals. Romero proceeded to perform oral sex on him. After the incident, he jumped out of the car and fled home. David Scharf 6/03/1985: Parochial Vicar, St. Michael Archangel, Butler, PA 6/15/1987: Parochial Vicar, Our Lady of Grace, Scott Township, PA 2/11/1992: Parochial Vicar, Our Lady of Fatima, Hopewell Township, PA 1/27/1997: Parochial Vicar, St. Robert Bellarmine, East McKeesport, PA 8/31/1998: Sabbatical 1/20/1999: Parochial Vicar, St. Hugh, Carmichaels, PA 12/13/1999: Pastor, St. Philomena, Beaver Falls, PA 11/21/2003: Leave of Absence 8/17/2009: Chaplain, Sisters of St. Joseph, Baden, PA Summary: In 2002, several boys and men complained of Scharf massaging their feet. In 2003, Scharf requested a leave of absence to attend St. Luke Institute for evaluation in order to “end accusations. He was granted that. In 2005, the staff noted his discharge from a halfway house that he did not successfully complete the program and was at a high risk for re-offending. In 2007 and 2008, he wrote requests to be re-instated into the ministry, but both requests were denied. Richard Scherer 6/30/1949 – 6/09/1954: Assistant, St. Charles, Donora 6/10/1954 – 3/03/1964: Assistant, St. Anne, Castle Shannon 3/04/1964 – 2/02/1965: Assistant, St. Coleman, Turtle Creek 2/03/1965 – 6/1965: Assistant, St. Patrick, Canonsburg, PA 6/1965 – 5/1968: Sick Leave 5/1968 – 1992: Chaplain, Holy Cross Hospital, Diocese of Miami, FL 1992: Retired Summary: Diocese records show that in August 1991, a woman reported that she was sexually molested by Scherer when she was a student at St. Anne between 1957 and 1961. A letter dated 1965, Scherer wrote of his “revelation” of his nervous breakdown resulting from the “relationship” with the woman. Raymond T. Schultz 7/17/1947-1/19/1949: St. Mary, Kittaning, PA 1/20/1949-6/28/1950: St. Leonard, Monessen, PA 6/29/1950-6/15/1955: Holy Rosary, Homewood, PA 6/16/1955-6/12/1957: St. Margaret, Greentree, PA 6/13/1957-4/20/1966: Catholic Information Center, Diocese, 12/29/1964-4/20/1966: St. Richard, Pittsburgh, PA 4/21/1966-1/22/1997: Pastor, SS Peter & Paul, Beaver, PA 1/22/1997-10/15/1999: ADM, SS Peter & Paul, Beaver, PA Summary: In 2009, a man reported that around 1978, he was sexually abused at a school in Beaver. The man’s mother and father were not aware of the abuse until it was reported in 2009. The victim’s mother indicated that she recalled an incident where she was doing laundry and discovered her son’s underwear was in the pocket of his pants. The son told her that he had an accident and she did not ask further questions. In 2010, a psychologist reported seeing the victim since 2007 and treated him for PTSD symptoms. The victim reported dreams of the sensation of breath on the back of his neck from when Schultz was sexually assaulting him. He also recalled a particularly distressing incident of anal penetration by Schultz that occurred on a rainy day when his clothes were wet. Francis Siler 5/20/1963: Parochial Vicar, Nativity, Broughton, PA 6/15/1970: Parochial Vicar St. Bernard, Mt Lebanon, PA 12/06/1972: Parochial Vicar, St. Titus, Aliquippa, PA 8/08/1974: Leave of Absence 5/21/1975: Parochial Vicar, St. Catherine, Wildwood, PA 10/11/1976: Pastor, St. Margaret, New Castle, PA 2/08/1983: Pastor, St. Catherine, Wildwood, PA 5/12/1984: Parochial Vicar, St. Agnes, West Mifflin, PA 7/01/1985: Leave of Absence, Health Reasons 2/24/1986: Chaplain, Allegheny Valley Hospital, PA 9/27/1987: Parochial Vicar, St. Mary Mercy, Pittsburgh, PA 2/25/2002: Leave of Absence 7/05/2002: Withdrew from Active Ministry Summary: A diocesan record of Siler revealed a reference in a clinic report that “sexual problems with adolescents” had occurred in 1972, which caused Bishop Leonard to change Silers assignment. In 1974, Leonard wrote in a letter that “in the last three years, the problem arose about which I spoke to you in a phone conversation.” A 1985 memorandum to another bishop from a priest said that Siler “made a pass at a young boy whose father is a policeman. The irate father was about to take the matter to court. It was this that necessitated our quick removal of Siler from the post.” In 1994, a man came to see Siler to confront him about molesting him as a child. After the confrontation, Siler required hospitalization for suicidal feelings. In 1995, a man reported that Siler fondled him on several occasions when he was ana ltar boy in the second or third grade. Siler denied the allegations. In 2002, another allegation was made against Siler. A man said that Siler touched him inappropriately when he was a child between 1972 and 1973. In 2011, another man reported Siler groped and fondled him through his clothes between 1972 and 1974 at a Beaver County church. Rudolph M. Silvers 5/21/1975-5/18/1980: Parochial Vicar, St. Sylvester, Pittsburgh, PA 5/19/1980-7/07/1982: Parochial Vicar, St. Robert Bellarmine, East McKeesport, PA 7/08/1982-6/28/1983: Parochial Vicar, St. Canice, Pittsburgh, PA 6/06/1983-6/15/1986: Assist. Dir. Vocation Office, Diocese of Pittsburgh Pastoral Center 6/16/1986-8/01/1986: Parochial Vicar, St. Peter, Butler, PA 8/02/1986-2/07/1994: Pastor, St. Peter, Butler, PA 2/07/1994-6/27/1994: Replacement Ministry, St. Vincent de Paul, New Castle, PA 6/27/1994-2/25/2002: Pastor, St. Ann, Bulger, PA 2/25/2002-7/24/2002: Leave of Absence 7/24/2002: Withdrawn from service Summary: Silvers is accused in multiple abuse cases: In 1988, an 18-year-old man reported Silvers fondled him when he was between the ages of 12 and 15. The victim said Silvers had sexually fondled him and “taken advantage of him.” He said he felt overwhelmed and that people did not believe him. In 2002, Silvers was confronted with the allegations and he denied sexual contact. When confronted with the fact that the victim traveled to St. Anne’s to confront him, Silvers became vague and evasive. In 1990, a mother met with a priest to express her concerns with Silvers inappropriate and unnatural attachment to her son. She said Silvers called the son at least three times per week, offered him various gifts, and also stayed overnight at the rectory without parental permission. In a file dated July 19, 1991, the priest wrote that he had reviewed the concerns of the mother, but there was never any accusations of sexual behavior. In a notation dated in 2002, Silvers was placed on administrative leave. Silvers later resigned. In 2012, a man reported that he was sexually abused by Silvers in the mid-late 1970s at St. Sylvester when he was 10 or 11 years old. The man said that Silvers would invite several boys to the rectory on Friday and Saturday evening and that they would go down to the recreation area in the basement to play games. During the visits, he would grab at the boys’ butt and genitals. The man said Silvers would get very excited, and eventually he would take one of the boys up to his private living quarters and be gone for 30 to 45 minutes, returning looking very pale and not talking for the rest of the evening. Edward P. Smith Unavailable Sacred Heart Church, Emsworth, PA Summary: Several legal documents in diocesan records revealed Smith was accused of sexually abusing a 16-year-old girl while at Sacred heart. The abuse included Smith fondled her, and that the girl “believed that it would be sinful or wrong to make any kind of accusation against a priest or a bishop.” James E. Somma 7/10/1959 – 4/19/1964: Purification of the Blessed Virgin Mary, Ellwood City, PA 4/20/1964 – 5/04/1964: St. Pius V., McKeesport, PA 5/05/1964 – 6/21/1984: Archdiocese for Military Services, Washington, DC 6/22/1984 – 5/11/1985: St. Aloysius, Pittsburgh, PA 5/12/1985 – 1/08/1992: Nativity, Pittsburgh, PA 1/08/1992 – 2/07/1994: Holy Trinity, West Mifflin, PA 2/07/1994 – 2/07/2002: Forbes Regional Hospital- Monroeville & St. Michael, Pitcairn, PA Summary: In 1986, Father Nicholas Datillo stated that he spoke with a victim who said a priest sexually abused her for seven years. She provided the priest’s name, but the name was not provided in Datillo’s letter. The victim was worried “that the priest was not a pastor and could be out there harming other children.” When Datillo spoke with two bishops on the matter, he said, “until she gives her name, we have no credible evidence.” Datillo and another priest met with Somma following another phone call from the victim in 1988, and Datillo concluded that Somma should not be removed from ministry based on his “strong denial, sterling military career, the passage of time and the victim’s admitted psychiatric treatment.” Somma was evaluated at the St. Luke Institute in February 1988. In 2002, the victim sent a letter to Datillo saying she was in counseling and had filed a lawsuit. The report said that Somma forced her to engage in oral sex and sexual intercourse with him until her late teens. The lawsuit was dismissed based upon the statue of limitations. Later in 2002, a second victim said that while watching XXX movies with Somma, Somma placed his hands down his own pants and talked about masturbation. They fell asleep under the covers and Somma “cuddled him like a teddy bear.” The second victim said Somma had him fly from Ludwig, Illinois to the Pittsburg area, where they would watch pornography and talk about masturbation. The victim said he was sexually abused by Somma, but not molested.” Bartley A. Sorensen 11/1/1976 – 6/29/1981: St. Ferdinand, Cranberry, PA 6/30/1981 – 6/28/1983: St. Colman, Turtle Creek, PA 6/29/1983 – 1/31/1985: St. James, Sewickley, PA 2/1/1985 – 6/11/1990: St. Valentine, Bethal Park, PA 6/11/1990 – 6/1/1992: Our Lady of the Most Blessed Sacrament 6/1/1992 – 9/1/1995: Mater Dolorosa, Chicora, PA 9/1/1995 – 9/10/1999: St. Joseph, Chicora, PA 9/1/1995 – 9/10/1999: Mater Dolorosa, Chicora, PA 9/10/1999 – 1/27/2003: St. Victor, Bairdford, PA 2/9/2004 – 2/4/2011: West Penn Hospital, Pittsburgh, PA 2/4/2011 – 11/14/2011: St. Ann, Pittsburgh, PA 11/14/2011 – 12/9/2011: St. John Fisher, Pittsburgh, PA Summary: In December 2001, a woman went into the residence of Sorensen and saw he was looking at child pornography on his computer. She believed that the child was older than five years old, but no more than 10. When she questioned him, he acknowledged it. The woman left and reported it to the diocese. The diocese then immediately contacted the Allegheny County District Attorney’s Office. Sorensen was arrested that day. A search of his computer revealed over 5,000 images of child pornography on his computer, as well as on CDs, DVDs and various print books. Sorenson entered a guilty plea in 2012, and was sentenced to 97 months incarceration, followed by five years of supervised release. He is required to permanently register as a convicted sex offender and pay a $25,000 fine. Robert E. Spangenberg 1974: Faculty, Holy Ghost Preparatory School, Bensalem, PA N/A: Associate Pastor, St. Mary Detroit, MI N/A – 1977: Associate Pastor, St. Anthony Millvale, PA 1977 – 1979: Unknown ministry, North Carolina 1979 – 1980: Assistant Pastor, St. Mary, Sharpsburg, PA 1980 – N/A: Chaplain, St. Francis de Sale High School, Chicago, IL 1982 – 1984: Pastor, St. Stanislaus, Pittsburgh, PA 1984 – 1989: Pastor, St. Anthony, Millvale, PA 1989 – 1990: Superior of the Congregation Retirement home, Sarasota, FL 1990 – 1993: Pastor, St. Patrick, Charleston, SC 1993 – N/A: Administrator, St. Peter Claver, Philadelphia, PA 1994 – N/A: Pastor, St. James, Hamlet, NC 1997 – N/A: Pastor, Epiphany, Pittsburgh, PA 2002: Director of Retirement community, Sarasota, FL 2003: Retired Summary: Documents provided by the diocese revealed that Spangenberg was involved with at least two children, possibly more. In 1988, a woman wrote the diocese to obtain help for her son, who was abused by Spangenberg and another priest from his order was helping them with counseling. She was upset, noting that the issue was just simply “noted” and she had not heard anyone. Spangenberg was reassigned to a retirement home in Florida shortly after. In 1989, an official wrote a letter to one of the boy’s family where he said “excessive use of alcohol contributed significantly to clouding the judgement and perception and further exacerbates the reliability of memory both at the time of the incident,” but acknowledged that he “believed that Father Spangenberg exercised questionable judgement.” In 2009, a man reported that when he was 15 or 16, he and Spangenberg engaged in many types of sexual encounters. The boy reported that he was involved in street prostitution with young boys known as “Hustlers.” Spangenberg also paid the boy a finder’s fee to help him locate younger hustlers (known as “chickens”) to have sex with Spangenberg. The boy noted that Spangenberg was a “really sick guy – he would have person urinate and defecate on him.” Paul G. Spisak 5/22/1973-10/01/1978: St. Mary of the Mount, Pittsburgh, PA 10/02/1978-10/05/1980: St. Benedict the Abbot, McMurray, PA 10/06/1980-11/19/1981: Sacred Heart, Pittsburgh, PA 11/20/1981-6/29/1990: St. Dominic, Donora, PA 6/25/1988-6/29/1990: St. Charles, Donora, PA 6/30/1990-2/07/1994: St. Philip, Pittsburgh, PA 2/07/1994-2/12/1997: St. Andrew, Butler, PA 2/16/1998-10/26/1998: St. Mary, Cecil, PA 7/03/2000-7/11/2002: Chaplain Nursing Home, Allison Park, PA 7/03/2000-7/11/2002: Chaplain Nursing Home, Pittsburgh, PA 5/30/2003: Removed from ministry Summary: In October 1998, parish staff from St. Dominic reported finding pornographic magazines, tapes and internet material in Spisak’s room that depicted homosexual and sadomasochistic activity. There were also several pictures of Spisak with two different underage boys, including pictures of the boys showing their butt and pictures of Spisak pulling down his and the boy’s pants. Spisak allegedly destroyed these pictures. A diocesan employee said Spisak had written her a note that he was going to St. Luke’s for evaluations, but that he “hadn’t done anything wrong in the past or in the present.” She said that she started to feel uncomfortable about the attention he gave her son, and that her son would often leave when Spisak was expected to arrive. In 1998, Spisak admitted to taking the photos sometime between 1981 and 1990, and said they were very innocent and “just for fun.” Spisak’s evaluation, in a letter from the diocese, diagnosed Spisak as having a sexual disorder, and showed a “significant interest in grade school aged males.” A psychotherapist for almost two years wrote the diocese in 2002, saying he hoped Spisak’s priestly ministry could be “reestablished in the future.” He added that “allegations of inappropriate sexual contact with a young man who was mentored by Spisak are not only unsubstantiated, but also not highly credible.” In 2006, Spisak pled guilty to a disorderly conduct charge and had to pay a $300 fine. He was arrested in April 2006 after he was caught recording another man in the rear corner stall of the bathroom. Spisak originally denied having a camera, then faked being ill and ran into the bathroom. A security guard followed Spisak and saw him flush the memory card from the camera down the toilet. Spisak later admitted to police that he had a “sexual fixation with the male buttocks.” Lawrence F. Stebler 5/20/1963 – 8/27/1967: St. Hilary, Washington, PA 8/28/1967 – 11/30/1969: Our Lady of Fatima, Hopewell Township, PA 12/1/1969 – 6/13/1988: St. Stephen, Hazelwood, PA 6/14/1988 – 1/1/1996: St. Victor, Bairdford, PA 1/1/1996 – 6/17/1996: Leave of Absence 6/17/1996 – 6/9/1997: St. Theresa of Avila, Perrysville, PA Summary: The diocese received a report from an adult man that said when he was eight or nine years old, he was sexually abused by Stebler. In a statement, he said “He would then touch my head, eyes, chest, belly, waist and then lower than that… He said my mom and dad said it was OK and that he was blessing my organs.” The victim said this happened for two or three years. In 2006, the victim’s therapist wrote the diocese saying, the man has had two suicide attempts, several flashbacks, anxiety and panic attacks. Richard Gerard Terdine 5/13/1965: St. Vitus, New Castle, PA 12/06/1965: St. Scholastica, Aspinwall, PA 9/22/1967: Our Lady of Grace, Scott Township, PA 6/10/1968: St. Lawrence O’Toole, Garfield, PA 6/15/1970: Epiphany, Uptown, Pittsburgh, PA 9/01/1971: Duquesne University, Graduate Assistant, Pittsburgh, PA 5/31/1972: St. Basil, Carrick, PA 8/09/1973: Purification of the Blessed Virgin Mary 5/31/1974: Intermediate Schools Unit, Psychologist 11/22/1986: St. Peter, McKeesport, PA 1/16/1989: Cardinal Wright Center/ Without Assignment 11/06/1989: Leave of Absence 7/02/1990: UPMC Shadyside Hospital, Pittsburgh, PA 6/17/1996: UPMC Presbyterian Hospital, Pittsburgh, PA 7/01/2009: UPMC Shadyside Hospital, Pittsburgh, PA 6/25/2012: Present: St John Vianney Manor, Pittsburgh, PA Summary: In 2003, an allegation was detailed that in 1988, Terdine touched or patted the genital area of the boy on two-to-three occasions, gave the boy an x-rated video to watch and massaged his back. Diocesan officials met with Terdine, who denied any sexual touching of the boy, but did admit that he gave the boy the video and the condums because he seemed “naïve about human sexuality” according to the report. St. Luke’s, in 1990, provided an assessment that said Terdine had “very little risk of acting out sexually.” The board recommended that Terdine not be assigned to any parish, and he was placed in restricted ministry and assigned as the chaplain to UPMC Hospitals throughout Pittsburgh. Redacted – pending litigation The name of the priest, where he served and the exact incident was entirely redacted in the grand jury report. Charles Thomas 1935 – 1937: St. Killian, Mars, PA 1937 – 1940: St. Peter, Pittsburgh, PA 3/1940 – 11/1940: St. Wendelin, Carrick PA 1940 – 1941: St. Martin, Pittsburgh, PA 1941 – 1944: St. Mary Mercy, Pittsburgh, PA 1944 -1952: St. Coleman, Turtle Creek, PA 1952 -1957: St. Hugh. Carmichaels, PA 1952 -1957: St. Marcullus, Pittsburgh, PA 1957 – 1965: St. Paul, Butler, PA 8/1965 – 9/1965: St. Christopher, Prospect, PA 1965 – 1967: St. Robert Bellarmine, Pittsburgh, PA 6/1966: Resigned Summary: An adult male wrote in 1996 that when he was a minor, he was sexually assaulted by Thomas on several occasions beginning in 1958. The man stated that the assaults began with Thomas fondling him, then progressed to anal penetration. The victim said that the nun, whose name was unknown, had helped Thomas in some of the sexual assaults. John William Wellinger 6/15/1970-5/20/79: Assistant at St. Wendelin, Pittsburgh, PA 5/21/1975-5/1977: Graduate Studies in Theology, Catholic University of America, Washington, D.C. 6/08/1977-8/31/1979: Assistant Pro Tem, St. Athanasius, West View, PA 9/01/1979-6/29/1981: Faculty of the Pontifical College Josephinum, Worthington, OH for the scholastic year of 1979-1980 6/30/1980-6/29/1981: Assistant Pro Tem, St. Cyril of Alexandria, Pittsburgh, PA 6/30/1981-7/14/1985: Assistant, St. James, Wilkinsburg, PA 7/15/1985-1/25/1987: Parochial Vicar Assistant, St. Clare, Clairton, PA 1/26/1987-6/23/1987: Parochial Vicar Assistant, Our Lady of Grace, Scott Township, PA 6/24/1987-6/24/1991: Pastor, Holy Spirit, West Mifflin, PA 8/01/1987: Campus Ministries, Community College of Allegheny County South Campus, West Mifflin, PA 6/11/1991: Resignation for reasons of health 1/24/1992-2/06/1994: Parochial Vicar (Pro Tem) at St. George, Allentown, PA 2/07/1994-6/01/1995: Parochial Vicar, St. Philip, Crafton, PA 5/16/1995: Resigned for personal reasons 5/18/1995: Leave of Absence 1/16/2003: Placed on Administrative Leave 3/01/2003: Declared de facto withdrawn from active ministry Summary: On or about Feb. 19, 1986, Wellinger was sent to St. Luke’s Institute for a number of ussues, including drug and alcohol abuse. On October 8, 1987, Wellinger provided alcohol and drugs to an 18-year-old parishioner, who then had a “bad reaction” to the drugs and was taken to a hospital for treatment. In 1989, a priest received a letter from a parishioner that listed a number of problems that the parish was having with Wellinger, including “giving drugs and alcohol to teens… teens in the parish have been warned by their parents about drugs from Father… and young men staying at the parish house. In 1991, Wellinger was drinking alcoholic beverages with a 24 year old man in the rectory. Wellinger unbuttoned the man’s pants and began to perform oral sex on him without consent. Wellinger was sent to St. Michael’s Community in St. Louis for an evaluation. He took an absence from the parish, explained as being for “health reasons.” In 1992, Wellinger returned to priestly ministry and became a Vicar in Allentown. In 1994, Wellinger was stopped by officers for driving under the influence of alcohol. A bishop granted Wellinger a leave of absence from June 1995 to December 1995 for “personal reasons. In 1995, diocesan officials met with the parents of a 17-year-old boy who said that their son was sexually abused by Wellinger in 1991. The victim and some friends were watching videos with Wellinger late into the night and they all fell asleep on the floor. The victim awakened to find that Wellinger had put his hands down the victim’s pants and fondled him. Wellinger admitted to spending a lot of time with the victim, but denied consciously touching the victim. He said it was “pretty tight quarters” so he may have “unknowingly” touched the victim’s genitals. Joseph S. Wichmanowski 7/13/1944- 12/15/1945: St. Mary (Polish) in McKeesport, PA 12/06/1945- 10/23/1946: Holy Cross in Glassport, PA 10/24/1946- 5/18/1949: St. Albert on South Side Pittsburgh, PA 5/19/1949- 12/03/1952: St. John Cantius in Sharpsburg, PA 12/04/1952- 6/12/1957: St. Stanislaus in Ambridge, PA 6/13/1957- 6/27/1962: Chaplin Allegheny Co. Workhouse 6/27/1962- 1/31/1969: Pastor St. Cyprian in Pittsburgh, PA 2/01/1969- 4/28/1977: Pastor St. Stanislaus in Ambridge, PA Summary: A victim said that Wichmanowski forced her to perform oral sex on him, provided her with alcohol in the form and church wine, and made her dress provocatively, all when she was 12 years old. The victim said at one point, Wichmanowski invited her to New York, where told her he would/wanted to impregnate her. It was reported that this victim, along with 31 other victims of abuse, was part of a settlement with the church for payments totaling $1.2 million. George A. Wilt 6/10/1959 – 3/17/1968 Sacred Heart, Pittsburgh, PA 3/18/1968 – 5/26/2003 St Bernard, Pittsburgh, PA Summary: In a memorandum dated November 17, 2000, a woman reported that Wilt made unwanted advances and embraced and kissed her on her mouth. Wilt embraced her two more times and again tried to kiss her. In 2003, another memorandum said a director of religious education at St. Bernard expressed concerns about Wilt’s behavior. He failed to take immediate action when it was discovered a janitor was viewing pornography on a school computer. He also dismissed several incidents where the same janitor walked in on women and girls while they were using the bathroom. It was also reported that people left the parish because of inappropriate touching and kissing on the mouth, often during first communion. Another memorandum in 2003 noted Wilt denied kissing eighth grade girls on the lips and inappropriately touching adult women. In 2004, a victim reported she was sexually abused by Wilt, sometime between 1961 and 1963. The victim explained that she sought counseling from Wilt because she was being sexually abused by her father at the time. Wilt invited her into a small room in the parish house and during their conversation, he fondled her. Robert G. Wolk 6/07/1966-5/30/1972: St. Athanasius, West View, PA 9/1972-5/1974: Attended Catholic University of America 5/30/1974-1986: Assistant Chancellor of the Diocese of Pittsburgh 7/22/1979-6/10/1981: La Roche College, Pittsburgh, PA 5/13/1986-9/23/1987: St. Thomas More Church, Bethel Park, PA 9/24/1987: Resigned Summary: A memorandum indicated that in September 1987, a victim said when he was 12 years old and in sixth grade, he became friendly with Wolk. He eventually was invited into the rectory by Wolk to socialize. The socialization progressed from the use of cigarettes and alcohol to “belly rubs” and then “oral sex on the part of both.” The victim was also concerned that his brother, two years younger, was also involved in a similar sexual relationship with Wolk. In September 1987, Wolk admitted without hesitation. He said his relationship with the victims was over, and understood the necessary action taken by the diocese. Wolk was sent to St. Luke Institute in Maryland for treatment. In 1990, Wolk plead guilty in Allegheny County court to four counts of involuntary deviate sexual intercourse and to corruption of minors. He was sentenced to five to 10 years of incarceration. Later that year, he pleaded guilty in Washington County court to two more counts of involuntary deviate sexual intercourse, and received a sentence of five to 10 years, to be served concurrently to his Allegheny County sentence. Wolk is also accused in the following cases: In 2003, a man said when he was a teenager in the mid-to-late 1980s, Wolk gave him a massage. Wolk then loosened his belt “to get comfortable.” A little while later, Wolk told the teen he would be putting some lotion on his neck. Although the teen did not see any lotion, he felt Wolk put something wet over his neck. In 2017, a victim assistance coordinator in the Altoona/Johnstown Diocese alerted the diocese that a man had accused Wolk and another priest of abusing and molesting him. In 2009, another male said that he was abused by Wolk in 1968 to 1970 or 1971. The boy was 14 to 17 years old during the abuse. In September 2010, a parishioner came to a priest in Midland regarding sexual abuse that occurred during his childhood. The victim said the abuse was from Wolk and Father Leo Burchianti. William B. Yockey 10/13/1977-10/01/1978: Assumption Church, Bellevue, PA 10/02/1978-6/28/1983: St. Bernadette, Monroeville, PA 6/29/1983-5/31/1984: Department of Social & Community Development, 6/29/1983-5/31/1984: Diocese of Pittsburgh 6/01/1984-2/16/1986: St. Canice, Pittsburgh, PA 2/17/1986-10/11/1987: St. Therese of Lisieux, Munhall, PA 10/12/1987-1/22/1989: St. Winifred, Mt. Lebanon, PA 1/23/1989-7/25/1991: Allegheny County Jail 1/23/1989-4/20/1989: Chaplain/Coordinator, Allegheny County Jail 4/21/1989-7/25/1991: St. Luke, Carnegie, PA (In Reserve) 7/25/1991: St. Anthony, Bridgeville, PA (In Reserve) 7/25/1991: Leave of Absence, Withdrawn from Active Ministry Summary: In May 1991, two men accused Yockey of sexually abusing them when they were teenagers. On one occasion, one of the men accused Yockey of sexually molesting him in October. Of 1981. Both had been drinking – the victim was 16 years old – and he crashed out after drinking too much. At some point in the night, the victim fell off the couch and found Yockey fondling his genitals. Yockey then got on top of the victim and tried to kiss him. The other victim made a similar allegation. When he was confronted in 1991, Yockey said the first incident was true, and the second incident may have been true, but he did not recall anything and that “that it was not impossible and won’t deny it.” Yockey was put on administrative leave from his assignment as a chaplain to the County Jail. Although the Diocese had information regarding alleged criminal actions on the part of Yockey as far back as 1986, there was only one document – dated January 2014 – that illustrated a report to the Allegheny County District Attorney’s Office. There was no mention of the history of Yockey’s reported sexual assaults. Theodore P. Zabowski 6/15/1970 – Parochial Vicar, St. Lawrence O’Toole, Garfield, PA 5/21/1975 – Parochial Vicar, Most Holy Name, North Side, PA 10/06/1980 – Parochial Vicar, Holy Family, Lawrenceville, PA 1/14/1981 – Parochial Vicar, St. Catherine of Sweden, Wildwood, PA 1/11/1982 – Parochial Vicar, St. Mary, Glenshaw, PA 6/29/1985 – Pastor, St. Adalbert, South Side, PA 10/27/1992 – Pastor/Resigned, St. Richard, Richland Township, PA 1/08/1996 – Leave of absence 9/16/1996 – Parochial Vicar, Immaculate Conception, Washington, PA 7/14/2000 – Leave of Absence 7/29/2002 – Withdrew from ministry Summary: An internal diocese document labeled “Chronology of Father Zabowski stated that in October 1995, a sexual abuse allegation was made against Zabowski. Between 1975 and 1979, a victim stated he engaged in wrestling with Zabowski and then Zabowski asked him to remove his clothes. After he removed his clothes, Zabowski fondled him. In an evaluation dated Novmber 28, Zabowski admitted to “affectionate hugging” of teenage boys. In a letter dated June 26, 2003, Zabowski informed Bishop Wuerl that the “therapy helped him deal with allegations of placing himself with adolescent boys in a sexually inappropriate manner, gave him the ability to deal with and, yes, overcome the sexual ignorance and social backwardness of his life.” George Zirwas You can find out more about Zirwas details here. Richard Zula Further information on Zula was not listed in the document. Pittsburgh Priests #2-10 Various assignments within the diocese of Pittsburgh Summary: This group of nine priests contained specific complaints with allegations including offenses against children as young as five years old, some reports made as recently as 2017. Diocese of Scranton Philip A. Altavilla Where served: July 1992 – June 1995: St. Mary of Mt. Carmel, Dunmore June 1996 – July 1996: Holy Trinity, Nanticoke July 1996 – March 2000 – St. Patrick, St. John the Baptist, Immaculate Heart of Mary Chapel, Holy Cross, Scranton March 2000 – July 2000: Church of the Immaculate Conception, Taylor, Pa. July 2000 – November 2004: Immaculate Conception, St. John the Baptist, Taylor, Pa. November 2004 – February 2008: St. Thomas More, Lake Ariel, Pa. February 2008 – July 2009: Nativity of Our Lord Church, Scranton July 2009- September 2009: Holy Cross High School, Dunmore Sept. 2009 – July 2010: Sacred Hearts of Jesus and Mary, St. John the Evangelist, Scranton July 2010 – November 2010: Immaculate Conception, Scranton November 2010 – April 2014: St. Peter’s Cathedral, Scranton April 4, 2014: Removed from assignment April 17, 2014: Resigned Summary: On April 3, 2014, Father Philip A. Altavilla was arrested for indecent assault, criminal attempt of indecent assault and corruption of minors in connection with a sexual assault of a female in December 1998. The victim reported that she was an altar server assisting with midnight mass. After, Altavilla gave her alcohol and a ride home. During the ride, he pulled into a parking lot and parked. He swung her legs across his lap and worked his hands up her thigh. The victim told him to stop and he did, the report states. Prior to trial, it was determined the statute of limitations had expired for the charges. A civil lawsuit against Altavilla and the Diocese was settled in 2014. Girard F. Angelo Where served: June 1955 – October 1955: St. Matthew’s, East Stroudsburg October 1955 – Sept. 1959: St. Thomas, Archbald, Pa. Sept. 1959 – Sept. 1962: St. Lucy, Scranton Sept. 1962 – July 1963: St. Francis, Scranton July 1963 – Sept. 1967: Mater Delorosa, Williamsport Sept. 1967 – March 1972: Our Lady of Grace, Hazleton March 1972 – Sept. 1973: St. Raphael, Harleigh, Pa. Sept. 1973 – July 2003, St. Raphael, Harleigh, Pa. July 2003: Sacred Heart of Jesus, Harleigh, Pa. Summary: In September 2002, Bishop James C. Timlin received a letter from a man who reported he had been sexually abused bi Angelo when he was 14 and while Angelo was at Mater Delorosa in the early 1960s. Timlin brought the issue to the Lycoming County District Attorney’s Office, even though statute of limitations appeared to expired. Mark G. Balzeniuk Where served: November 1983 – Sept. 1984: St. Thomas, Archbald Sept. 1984 – Sept. 1985: Sts. Peter and Paul, Plains Sept. 1985 – July 1990: Holy Trinity, Swoyersville July 1990 – Sept. 1997: Maternity of the Blessed Virgin Mary, Wilkes-Barre Sept. 1997 – July 2006: Our Lady Help of Christians, Dorrance July 2006 – July 2009: Sts. Peter and Paul, Hazelton; Transfiguration, West Hazelton July 2009 – March 2010: Episcopal Vicar of the Eastern Pastoral Region of the Diocese of Scranton March 2010: Leave of Absense October 7, 2011: Dispensation from the clerical state Summary: In March 2010, Balczeniuk said he spent the night at the home of a family he had a close relationship with. While at the home, he admitted that he kissed and hugged the family’s son, whom he estimated was in his 20s. Balczeniuk described the boy as having mental difficulties and being a little slow.” Balczeniuk also made statements to a reverend in 2010 that while he was a seminarian in Wyoming County he “touched the genitals of some of the young boys who attended the camp” in the mid-1970s. Redacted – Pending litigation The name of the priest, where he served and the exact incident was entirely redacted in the grand jury report. Joseph P. Bonner Where served: 6/1953 – 9/1954: Asst. Pastor, St. Ann’s, Freeland, PA 9/1954 – 3/1964 Asst. Pastor, St. Nicholas, Wilkes -Bane, PA 3/1964 – 6/1964: Asst. Pastor, Ascension, Williamsport, PA 6/1964 – 1/1970: Asst. Pastor, St. Francis, Nanticoke, PA 1/1970 – 9/1970: Asst. Pastor, St. Cecilia, Wyoming, PA 9/1970 – 1/1972: Asst. Pastor, St. Juliana, Rock Lake, PA 1/1972 – 6/1981: Pastor, Resurrection, Muncy, PA 6/1981 – 6/1982: Pastor, St. Patrick’s, Milford, PA 6/1982 – 9/1982: Pastor, St. Paul’s, Scranton, PA 9/1982 – 9/1985: Pastor, St. James’, Pleasant Mount, PA 9/1985 – 7/1998: Pastor, Sacred Heart of Jesus, Weston, PA 7/1998 – 6/2002: Retired, Pastor Emeritus, Sacred Heart of Jesus, Weston, PA 6/2002: Removed from ministry Summary: In 2002, the Diocese of Scranton was notified that that a victim was sexually molested by Bonner in 1975. The victim’s family was visiting from Arizona, and were invited to visit with Bonner and spent the night there. The victim was given a pull-out bed across from Bonner’s bedroom. After the victim fell asleep, he awoke to discover Bonner lying in bed with him, stroking the victim’s penis. When the victim asked Bonner what he was doing, Bonner replied “I am sorry… I shouldn’t have done that; Go back to bed.” Bonner was also accused by a 47-year-old man that Bonner sexually abused him when he was 14-to-16 years old. Martin M. Boylan 8/1980 – 6/1982: Asst. Pastor, St. Jude, Mountaintop, PA 6/1982 – 9/1983: Asst. Pastor, St. Gabriel, Hazleton, PA 9/1983 – 9/1985: Asst. Pastor, St. Patrick, Scranton, PA 9/1985 – 2/1986: Asst. Pastor, St. Peter, Scranton, PA 2/1986 – 9/1986: Administrator, Blessed Sacrament, Wilkes -Bane, PA 9/1986 – 9/1987: Asst. Pastor, St. Mary of the Immaculate Conception, Wilkes -Bane, PA 9/1987 – 9/1988: Chaplain and Procurator, Bishop Hannan High School, Scranton, PA 9/1988 – 9/1989: Confessor, Spiritual Director, St. Pius X Seminary, Dalton, PA 9/1989 – 4/1993: Chaplain, College, Scranton, PA 6/1993 – 1/1994: Sabbatical leave 7/1994 – 6/1997: Administrator, St. Rita, Gouldsboro, PA 7/1997 – 7/2001: Pastor, St. Rita, Gouldsboro, PA 7/2001 – 7/2007: Pastor, St. John the Evangelist, Honesdale, PA 7/2007 – 7/2009: Pastor, St. Joseph, White Mills, PA 7/2009 – 7/2011: Pastor, St’s. Peter and Paul, Towanda, PA, St. Michael, Canton, PA, St. John Nepomucene, Troy, PA and St. Aloysius, Ralston, PA 7/2011 – 4/2016: Pastor, St. Patrick, Scranton, PA 4/05/2016: Leave of Absence Summary: Boylan was serving as chaplain at Marywood College when a male graduate student alleged Boylan sexually harassed him and propositioned him for sex. Boylan was given a psychological evaluation and, after a leave of absence, returned to the ministry. In 2016, an 18-year-old man reported that he was touched inappropriately by Boylan in 2006. The victim said he was at a summer event at St. Vincent’s Camp in Honesdale. The victim reported Boylan anally raped him. Boylan denied the allegation. Robert J. Braque 5/1970 – 9/1970: Asst. Pastor, St. Ann, Tobyhanna, PA 9/1970 – 4/1972: Asst. Pastor, St. Peter, Wellsboro, PA 4/1972 – 9/1979: Asst. Pastor, St. John the Evangelist, Pittston, PA 9/1979 – 6/1980: Leave of absence 6/1980 – 9/1980: Asst. Pastor, St. Maria Goretti, Laflin, PA 9/1980 – 9/1982: Asst. Pastor, St. Ann, Tobyhanna, PA 9/1982 – 9/1984: Asst. Pastor, St. Ann, Williamsport, PA 9/1984 – 9/1988: Pastor, SS Peter & Paul, Towanda, PA 9/01/1988: Leave of Absence 1/19/1990: Appointed Parochial Vicar, St. Ann, Naples, FL Summary: In 1988, Bishop James C. Timlin received two anonymous letters from a parishioner about rumors involving Braque and a high school female student. Five months later in August, Timlin received a letter from the sister of the high school female, who said Braque had sexual relations with her 17-year-old sister, who became Pregnant. She further wrote that Braque had at least two other affairs. A month later in September, Timlin responded to that letter by stating Braque was removed from office as soon as the situation was brought to his attention. He wrote, “Father Braque and your sister have a long, difficult road ahead … What has happened is their responsibility and certainly Father Braque will take care of his obligations.” In April of 1989, the victim gave birth to a baby boy. Francis T. Brennan 6/1954 – 10/1957: Asst. Pastor, St. Therese, Shavetown, PA 10/1957 – 6/1965: Vicar Econome, St. Therese, Shavertown, PA 6/1965 – 9/1970: Chaplain, Marian Convent, Marywood, PA 9/1970 – 7/1974: Pastor, St. Maria Goretti, Laflin, PA Summary: In 2010, the Diocese received a telephone call from a 65-year-old male who reported he was abused by Brennan when he was 15 or 16-year-old. He reported Brennan took him to a drive-in movie and put his hands inside the victim’s pants. The Diocese offered to arrange for counseling for the victim. That same day, Chancellor James Earley sent an email to Bishop Joseph Bambera advising that in 2005, the Diocese had been sued by someone who stated that he had been abused by Brennan in 1966 when he was an altar boy. The court rejected the case, concluding the victim has waited too long to sue. Joseph W. Bucolo 6/1954 – 9/1954: St. Patrick, Milford, PA 9/1954 – 9/1966: Most Precious Blood, Hazleton, PA 9/1966 – 9/1967: Asst. Pastor, Our Lady of Mt. Carmel, Carbondale, PA 9/1967 – 5/1970: Asst. Pastor, St. Lucy, Scranton, PA 5/1970 – 9/1972: Asst. Pastor, St. Anthony, Dunmore, PA 9/1972 – 4/1973: Asst. Pastor, Our Lady of Grace, Hazleton, PA 4/1973 – 9/1974: Pastor, St. Thomas, Elkland, PA 9/1974 – 7/1992: Pastor, St. Nazorius, Pardeesville, PA 7/1992 – 6/2002: Pastor, St. Mary, Lattimer Mines, PA 7/03/2002: Removed from ministry 7/25/2002: Pastor Emeritus, St. Nazarius, Pardeesville, PA Summary: In 1971, Bishop J. Carroll McCormick was notified that the parents of a 10-year-old boy reported Bucolo took their son on a two-day vacation to the New jersey shore the previous summer. They said that during the trip, Bucolo committed acts with their son, “unbecoming of a priest.” McCormick wrote on the memorandum that Bucolo “readily admitted the charge, insisting that once and only once did he commit an immoral act with the individual … and said he was very sorry. He claimed that it was in a moment of weakness it had occurred.” Bucolo agreed to see a psychiatrist and was placed under Charter restrictions in 2002 due to his admissions. In 2010, a 64-year-old male reported to the diocese that he was abused by Bucolo when he was an 8-year-old altar boy. The victim and Bucolo entered into a settlement and release of all claims for the agreed amount of $20,000. Gerald J. Burns 6/1950 – 9/1950: Asst. Pastor, St. Ann, Shohola, PA 9/1950 – 9/1950: Asst. Pastor, St. Patrick, Wilkes -Bane, PA 9/1950 – 6/1952: Asst. Pastor, St. John, Honesdale, PA 6/1952 – 6/1953: Asst. Pastor, St. Peter, Wellsboro, PA 6/1953 – 9/1962: Asst. Pastor, St. John the Evangelist, Wilkes -Bane, PA 9/1962 – 9/1968: Asst. Pastor, St. Dominic, Wilkes -Bane, PA 9/1968 – 9/1970: Chaplain, Mercy Heights Hospital, Scranton, PA 9/1970 – 6/1982: Pastor, Blessed Sacraments, Wilkes -Bane, PA 6/1982 – 9/1984: Pastor, St. Gabriel, Hazleton, PA 9/1984 – 1/1994: Pastor, St. John the Evangelist, Pittston, PA 1/24/1994: Retired 1/1994: Pastor Emeritus, St. John the Evangelist, Pittston, PA Summary: In 1994, Bishop James C. Timlin received a letter from a woman who wrote her husband was sexually molested by Burns for years when he was an altar server at St. John’s in the 1950s. Burns denied any wrongdoing but agreed to retire. Timlin notified the victim that the diocese would cover the cost of his counseling, with the responsibility being shared by Burns. In 1999, Burns died. Robert N. Caparelli More information not available Anthony P. Conmy 6/1953 – 9/1953: Asst. Pastor, St. Patrick, Milford, PA, St. Ann’s, Tobyhanna, PA 9/1953 – 10/1955: Asst. Pastor, St. Francis, West Hazleton, PA 10/1955 – Unknown: Asst. Pastor, St. Patrick, Scranton, PA Summary: In 2008, a 49-year-old female reported to the Diocese of Scranton that she was sexually assaulted by Conmey when she was 10. She said she and a friend stopped by the rectory to talk to Conmy, and got into a car with him. He dropped off her friend, then drove to a wooded area and molested her. He grabbed her wrist tightly, put her hand over her mouth and put her knee in her stomach to hold her down as she struggled. She begged him not to kill her, and he said he wouldn’t if she would lie quietly. He eventually performed oral sex on her. The victim requested the diocese not report the abuse to the Lycoming County District Attorney’s office and the diocese agreed. J. Peter Crynes 6/1967 – 9/1967: Asst. Director, Camp St. Andrew, Tunkhannock, PA 9/1967 – 9/1968: Asst. Pastor, St. Patrick, White Haven, PA 9/1968 – 9/1972: Asst. Pastor, Holy Rosary, Scranton, PA 9/1972 – 9/1975: Chaplain, St. Joseph’s Children’s and Maternity Hospital, Scranton, PA 9/1975 – 6/1988: Director, Our Lady of Fatima Center, Elmhurst, PA 6/1988 – 7/1994: Pastor, Church of Corpus Christi, Montdale, PA 7/1994 – 5/2006: Pastor, St. Therese, Shavertown, PA 5/2006 Removed from active ministry 5/19/2006: Resigned Summary: In 2006, the diocese received a letter from a law firm stating it represented a female sexually abused by Crynes from 1974 to 1977, starting when she was 17. The abuse included fondling, fellatio and intercourse. When she confronted Crynes during her sophomore year of college, he laughed at her and said he wanted to continue when she was married. In 2006, another female alleged abuse against Crynes. After being counseled by him for two years starting when she was 15, the victim went with Crymes to the Fatima Center for evaluation and counseling. The first night there, he came into her room, lifted her nightgown and rubbed her thigh. He kissed her later that month. Later in 2006, two more females met with the diocese and alleged that they were abused by Crynes. Raymond L. Deviney 6/1959 – 10/1959: Asst. Pastor, St. Mary of the Mount, Mt. Pocono, PA 10/1959 – 10/1960: Asst. Pastor, St. John Evangelist, Susquehanna, PA 10/1960 – 3/1964: Asst. Pastor, St. Thomas More, Lake Ariel, PA 3/1964 – 9/1968: Asst. Pastor, St. Gabriel’s, Hazleton, PA 9/1968 – 9/1969: Asst. Pastor, St. John Evangelist, Pittston, PA 9/1969 – 9/1976: Asst. Pastor, St. John Evangelist, Wilkes -Bane, PA 9/1976 – 7/2007: Pastor, Christ the King, Blakeslee, PA 7/2007: Pastor Emeritus, Christ the King, Blakeslee, PA Summary: In 1994, an adult female informed Bishop James C. Timlin that she was sexually abused by Deviney when she was in high school. She said he would place his hand on her thigh and move his hand up her leg, asking if she trusted him. When she confided in Deviney that she lost a baby and her husband, he took advantage of and violated her. Timlin sent her a letter apologizing for Deviney’s actions. Redacted – pending litigation The name of the priest was redacted, as were details about him. Donald J. Dorsey 6/1955 – 10/1955: Asst. Pastor, St. Ann, Shohola, PA 10/1955 – 2/1959: Asst. Pastor, St. Leo, Ashley, PA, 2/1959 – 10/1959: Faculties withdrawn, Sent to Hospice 10/1959 – 12/1960: Asst. Pastor, St. Ann, Shohola, PA, Faculties reinstated 12/1960: Sent to Hospice 6/29/1964: Faculties revoked Summary: In 1959 the Diocese of Scranton received two complaints about Dorsey. One indicated he was with a high school girl. The other that he was being too close with females in the town. Bishop Hannon directed Dorsey to report to hospice and for his faculties to be withdrawn. He was forbidden to meet with any person of the female sex who lived within the territory of Ashley, PA. Dorsey was reinstated later in 1959 but was forbid to visit homes in Ashley or Wilkes-Barre. Redacted – pending litigation The name of the priest was redacted, as were details about him. John M. Duggan 5/1988: Asst. Pastor, St. Paul, Scranton, PA, Summa Summary: In 1993, Duggan was sent for a psychological evaluation and admitted to sexually abusing young children during the early days of his priesthood. He denied that any abuse occurred within the diocese. In 1996, an adult male reported that he was sexually abused by Duggan in the 1970s. Bishop Timlin restricted Duggan’s work to convent and prison ministry. John J. Dzurko 6/1932 – 9/1932: Asst. Pastor, St. Joseph’s, Matamoras, PA 9/1932 – 10/1932: Asst. Pastor, St. Mary’s, Wilkes -Bane, PA 10/1932 – 6/1934: Asst. Pastor, St. Patrick’s, White Haven, PA 6/1934 – 9/1934: Asst. Pastor, St. Mary’s, Lackawaxen, PA 9/1934 – 2/1938: Asst. Pastor, Holy Trinity, Hazleton, PA 2/1938 – 6/1943: Pastor, St. Michael’s, Forest City, PA 6/1943 – 9/1959: Pastor, Holy Trinity, Simpson, PA 9/1959 – 1/1970: Pastor, St. Joseph’s, Nanticoke, PA 1/1970 – 9/1979: Pastor, St. Joseph’s, Wilkes -Bane, PA 9/1979 – 8/1991: Pastor Emeritus, St. Joseph’s, Wilkes -Bane, PA Summary: In 1957, the Diocese of Scranton received a complaint from a 48-year-old woman who said she was sexually molested by Dzurko at age 11 in 1957. The Diocese believed the victim to be credible and subsequently paid the cost of art therapy for her. James F. Farry 7/1946 – 6/1948: Asst. Pastor, Our Lady of Mt. Carmel, Carbondale, PA 6/1948 – 1/1953: Asst. Pastor, St. Francis, Scranton, PA 1/1953: Suffered aneurysm, Confined to hospital 1/1954 – 5/1960: Resident, St. Michael’s School for Boys, Hoban Heights, PA 6/1960: Cure of Ars Hospice 9/1966 – 9/1968: Asst. Pastor, St. Mary, Old Forge, PA 9/1968 – 11/1976: Chaplain, St. Mary’s Villa, Elmhurst, PA 11/1976 – 6/1990: In Residence, St. Boniface, Williamsport, PA Summary: In 1954, Farry was assigned to St. Michael’s School for Boys. In 1960, he was notified by Bishop Hannan that his relations with guests made it intolerable for him to live there. He was invited to take up residence at the Cure of Ars Hospice. In 2006, the diocese received a report that a resident at St. Michael’s from 1953 to 1954 said he was abused by a Father Collins. The victim later revealed it was Farry. James F. Fedor 5/1973 – 9/1977: Asst. Pastor, Holy Trinity, Swoyersville, PA 9/1977 – 9/1979: Asst. Pastor, St. Peter’s, Scranton, PA 9/1979 – 9/1980: Asst. Pastor, St. John the Evangelist, Scranton, PA 9/1980 – 6/1982: Asst. Pastor, St. Rose of Lima, Carbondale, PA 6/1982 – 7/1983: Asst. Pastor, St. Patrick’s, Scranton, PA 7/1983 – 9/1983: Administrator, St. Mary’s, Avoca, PA 9/1983 – 9/1984: Chaplain, Holy Family Residence, Scranton, PA 9/1984 – 8/1985: Pastor, St. Joseph, Wilkes -Bane, PA 8/1985 – 7/1986: Pastor, Holy Ghost, Olyphant, PA 7/1986 – 1/1987: Administrator, Christ the King, Dunmore, PA 9/1987 – 7/1991: Chaplain, Holy Family Residence, Scranton, PA 7/08/1991: Indefinite leave of Absence 5/03/1994: Laicized Summary: From 1981 to 1986, Fedor sought counseling for issues and concerns about his desires to have contact with young girls. He received psychological treatment from 1986 to 1987. In 2002, the Diocese of Scranton received an anonymous letter from an adult female who claimed Fedor abused her in 1978 when she was 10. She said he engaged in grooming behavior which led to two years of sexual abuse. In 2012, a letter about the allegation was sent to the Lackawanna County District Attorney’s Office. Ralph N. Ferraldo 5/1970 – 9/1970: Asst. Pastor, St. Mary, Jessup, PA 9/1970 – 9/1976: Asst. Pastor, St. Francis, Nanticoke, PA 9/1976 – 9/1979: Catechist, Bishop O’Reilly High School, Kingston, PA In Residence, Maternity BVM, Wilkes -Bane, PA 9/1979 – 9/1980: Chaplain, St. Joseph’s Hospital, Carbondale, PA. 9/1980 – 9/1984: Our Lady of Grace, Hazleton, PA 9/1984 – 2/1986: Chaplain, GWV Medical Center 2/1986 – 11/1986: Leave of Absence 11/1986 – 11/1988: In Residence, St. Boniface, Williamsport, PA 11/22/1988: Leave of Absence 11/30/1988: Indefinite Leave of Absence, removed from active ministry Summary: In 1974, Chancellor James Timlin received a call from a woman who said her 16-year-old son had been touched by Ferraldo. She said Ferraldo had done this to other altar boys and an orderly at a local hospital. When questioned, Ferraldo denied the allegations. He was asked not to have older boys visit his room in the rectory anymore. In 1986, two staff members at Geisinger Wyoming Valley Medical Center called Timlin to report Ferraldo made improper sexual advantages against a 23-year-old male patient. Ferraldo admitted to that allegation. He agreed not to return to the hospital and was directed to report for counseling. In 2002, the Archdiocese of New York notified the Diocese of Scranton that a male reported being sexually abused by Ferraldo with he was 16 0r 17 in 1983-1983. The victim did not want to bring a suit against the church. He wanted to reveal the abuse for the sake of reconciliation. Angelus Ferrara Assignments: N/A Summary: In 2011, the Executive Director of Catholic Charities received a report from the mother of a 14-year-old boy who said he was sexually abused by Ferrara at a retreat house. He said Ferrara had him massage his male parts. Ferrara admitted the conduct occurred and was terminated. He was later criminally charged, pled guilty and sentenced to state prison. Austin E. Flanagan 6/1966 – 9/1966: Parochial Vicar, Queen of Peace, Hawley, PA 9/1966 – 9/1969: Parochial Vicar, Nativity of BVM, Tunkhannock, PA 9/1969 – 9/1971: Parochial Vicar, St. Mary’s, Avoca, PA 9/1971 – 9/1973: Parochial Vicar, St. Ignatius, Kingston, PA 9/1973 – 9/1975: Parochial Vicar, St. Mary, Avoca, PA 9/1975 – 9/1979: Chaplain, Little Flower Manor, Wilkes -Bane, PA 9/1979 – 9/1980: Pastor, St. Thomas the Apostle, Elkland, PA 9/1980 – 6/1982: Pastor, St. Francis of Assisi, Mildred, PA 6/1982 – 9/1985: Pastor, St. Mark, Inkerman, PA 9/1985 – 9/1986: Pastor, St. Agnes, Forest City, PA 9/1986 – 4/1990: Pastor, Blessed Sacrament & St. John the Baptist, Wilkes -Bane, PA 4/1990 – 6/1990: Sick Leave 6/1990 – 6/1993: Residence, St. Thomas Aquinas, Archbald, PA 6/1993 – 7/1994: Residence, St. Lucy, Scranton, PA 7/1994 – 7/1998: Residence, Most Precious Blood, Hazleton, PA Chaplain, St. Joseph Medical Center, Hazleton, PA 71998 – 9/1999: Residence, St. Francis of Assisi, West Hazleton, PA Chaplain, St. Joseph Medical Center, Hazleton, PA 7/2002: Removed from active ministry Summary: In 1980, McCormick received a letter from a parishioner who advised that Flanagan was sleeping in sleeping bags with young boys. Flanagan related that one month prior to his admission to St. Vincent’s Hospital in New York in 1990, he had been questioned about fondling two boys at a summer camp two years earlier. He did not deny that it happened. In 2005, the Diocese of Scranton was contacted by a 34-year-old who claimed he was sodomized by Flanagan in the rectory at St. Mary’s in 1973. Flanagan denied any wrongdoing. The allegation was reported to the Luzerne County District Attorney’s office. Joseph D. Flannery 6/1953 – 6/1959: Asst. Pastor, St. John, Honesdale, PA 6/1959 – 4/1963: Asst. Pastor, St. John, Pittston, PA 4/1963 – 6/1963: Asst. Pastor, Holy Savior, Wilkes -Bane, PA 6/1963 – 9/1966: Asst. Pastor, Ascension, Williamsport, PA 9/1966 – 9/1967: Asst. Pastor, Sacred Heart, Jermyn, PA 9/1967 – 9/1970: Asst. Pastor, St. Jude, Mountain Top, PA 9/1970 – 9/1980: Pastor, St. Francis of Assisi, Mildred, PA 9/1980 – 9/1985: Pastor, St. Patrick, Nicholson, PA 9/1985 – 3/2000: Pastor, Immaculate Conception, Taylor, PA 3/2000: Pastor Emeritus, Immaculate Conception, Taylor, PA Summary: In 1964, 1965, and 1966, the diocese received letters about Flannery’s affairs with women, his dating a young girl and getting her pregnant, and being seen on vacation in Atlantic City with the woman. Martin J. Fleming 9/1898 – 11/1898: Cathedral, Scranton, PA 11/1898 – 3/1899: Wellsboro, PA 3/1899 – 4/1899: Plymouth, PA 4/1899 – 1901: Sugar Notch, PA, St. John’s, Scranton, PA 1901 – 1902: Hazleton, PA 1902 – 1907: Freeland, PA 1907 – 1919: Moscow, PA 1919 – Unknown Summary: In 2006, a female victim reported that she was sexually abused by Fleming in 1940 when she was six years old. Robert J. Gibson 6/1958 – 10/1958: Camp St. Andrew, Tunkhannock, PA 10/1958 – 9/1965: Asst. Pastor, St. Paul, Scranton, PA 9/1965 – 9/1968: Asst. Pastor, St. Matthew, Stroudsburg, PA 9/1968 – 1/1974: Asst. Pastor, St. Luke, Stroudsburg, PA 1/1974 – 9/1982: Administrator, Our Lady Queen of Peace, Broadheadsville, PA 9/1982 – 1/1983: Pastor, St. John Bosco, Conyngham, PA 1/1983 – 1/1995: Pastor, St. Bernadette, Canadensis, PA 1995: Resigns as Pastor, St. Bernadette 1/1995 – 8/1995: Leave of Absence 8/1995 – 1997: Residence, St. Ignatius Rectory, Kingston, PA 2/01/1998: Faculties removed Summary: Gibson sexually abused a 14-year-old boy in 1975. The diocese settled a civil action with a $30,000 settlement. In 1998, Gison was involved with sexual misconduct with his nephew, who was a minor at the time. In 2002, A man said Gibson provided pornographic material to him when he was a minor. In 2005, a man said Gibson sexually assaulted him when he was a minor. Joseph G. Gilgallon 6/1959 – 6/1966: Asst. Pastor, St. Basil, Dushore, PA 6/1966 – 9/1966: Asst. Pastor, St. Francis, Eagles Mere, PA 9/1966 – 9/1972: Pastor, St. Ignatius, Kingston, PA 9/1972 – 9/1985: Pastor, St. Peter, Scranton, PA 9/1985 – 9/1987: Pastor, St. Therese, Shavertown, PA 9/1987 – 2/1991: Pastor, St. Francis, West Hazleton, PA Summary: In 2006, a 40-year-old man alleged he was sexually abused by Gilgallon in 1986 in the rectory. Joseph A. Griffin 6/1927 – 9/1927: Asst. Pastor, St. Matthew, East Stroudsburg, PA 9/1927 – 2/1928: Asst. Pastor, St. Andrew, Blossburg, PA 2/1928 – 9/1929: Asst. Pastor, Annunciation, Williamsport, PA 9/1929 – 1/1932: Studies – Catholic University 1/1932 – 9/1938: Chaplain, & Teacher, Marywood College, Scranton, PA 9/1938 – 6/1944: Chaplain, St. Joseph Children and Maternity Hospital, Scranton, PA 6/1944 – 9/1951: Pastor, St. Catherine, Moscow, PA 9/1951 – 9/1952: Administrator, St. Basil, Dushore, PA 9/1952 – 1/1967: Pastor, St’s Peter & Paul, Towanda, PA 1/1967 – 9/1974: Pastor, St. Mary, Avoca, PA 9/1974 – 9/1976: Chaplain, Marian Convent, Scranton, PA 9/1976: Retired 5/1980 – 7/1980: Part-time Administrator, St. Catherine, Moscow, PA 7/1980: Part-time Administrator, Blessed Sacrament, Hughestown, PA Summary: In 2009, a 42-year-old man said Griffin abused him when he was nine years old. Griffin touched him, rubbed his backside and slept with his arm around him. Joseph T. Hammond More information on Hammond was not listed in the report. P. Lawrence Homer 8/1959 – 10/1961: Asst. Pastor, Vicar, Holy Rosary, Scranton, PA 10/1961 – 6/1964: Asst. Pastor, St. John the Baptist, Scranton, PA 3/1965 – 9/1965: Asst. Pastor, Gate of Heaven, Dallas, PA 9/1965 – 9/1966: Asst. Pastor, Holy Trinity, Hazleton, PA 9/1966 – 2/1967: Asst. Pastor, St. Boniface, Williamsport, PA 2/1967 – 1/1970: Asst. Pastor, Queen of Peace, Hawley, PA 1/1970 – 1/1977: Asst. Pastor, St. John the Baptist, Pittston, PA 1/1977 – 10/1993: Pastor, Holy Trinity, Hazleton, PA 9/1987 – 10/1993: Pastor, Our Lady of Mt. Carmel, Hazleton, PA 10/1993: Resignation Effective October 03, 1993 10/1993 – 7/1994: Residence, Marian Convent, Marywood College, Scranton, PA 7/1994 – 6/2002: Residence, Our Lady Queen of Peace Rectory, Brodheadsville, PA 7/03/2002: Removed from ministry Summary: In 1967, Homer had a 14 year old female locked in his office during an entire class period. He told the girl she had “sex hair” and while she was only 14, he told her she had the body of an 17 year old. A second victim reported that he would have her come to his office and he would undress her, French-kissed her and stated she “would be nice to marry even though it meant leaving the priesthood.” Mark A. Honart 2/1980 – 8/1981: Asst. Pastor, Nativity of the Blessed Virgin Mary, Kansas City, MO 8/1981 – 7/1986: Asst. Pastor, Holy Cross, Kansas City, MO 7/1986 – 10/1990: Pastor, St. Patrick’s, St. Joseph, MO 10/1990 – 1/1991: Sabbatical Leave 1/1991 – 6/1991: Asst. Pastor, Immaculate Conception, Kansas City, MO 6/1991 – 8/2000: Pastor, Immaculate Conception, Richmond, MO 8/2000 – 1/2001: Pastor, St. Rose of Lima, Savannah, MO 1/2001 – 1/2004: On loan to the Archdiocese of Santa Fe, NM 6/2004 – 6/2009: On loan to the Diocese of Scranton 6/2004 – 6/2005: Asst. Pastor, St. Rose of Lima, Carbondale, MO 6/2005 – 7/2007: Administrator, St. Anthony, St. Bridget, St. John the Baptist, Throop, PA 7/2007 – 7/2010: Administrator, Our Lady Help of Christians, Dorrance, P 6/12/2009: Excardinated to the Diocese of Kansas City 6/13/2009: Incardinated to the Diocese of Scranton 7/2010 – 2/2011: Asst. Pastor, Ascension, Forest City, PA; St. Katherine Drexel, Pleasant Mount, PA 2/03/2011: Faculties removed Summary: An allegation was made that from 1985-1986, Honart sexually abused a bou when he was in the fourth grade at Holy Cross Joseph F. Houston 3/1964 – 9/1966: Asst. Pastor, St. Thomas More, Lake Ariel, PA 9/1966 – 9/1970: Asst. Pastor, St. Peter, Wellsboro, PA 9/1970 – 6/1977: Asst. Pastor, St. Paul, Scranton, PA 9/1977 – 9/1980: Pastor, Holy Child, Mansfield, PA 9/1980 – 9/1982: Pastor, St. Thomas More, Lake Ariel, PA 9/1982: Resigned 11/1982 – 6/2002: Pastor, St. Vincent de Paul, Plymouth, PA 6/2002: Removal from ministry Summary: In 1971, a priest reported that Houston and a minor female were observed going into a motel room late at night on multiple occasions. In 2002, the victim said the priest had taken advantage of her from the age of 14 to 17. Redacted – pending litigation The name of the priest, where he served and the exact incident was entirely redacted in the grand jury report. Redacted – pending litigation The name of the priest, where he served and the exact incident was entirely redacted in the grand jury report. Francis G. Kulig 6/1974 – 9/1974: Asst. Pastor, St. Matthew, East Stroudsburg, PA 9/1974 – 9/1979: Asst. Pastor, Immaculate Conception, Scranton, PA 9/1979 – 10/1985: Asst. Pastor, St. John the Evangelist, Wilkes -Bane, PA 10/1985 – 9/1986: Asst. Nativity BVM, Tunkhannock, PA 9/1986 – 8/1987: Pastor, St. Mary of the Lake, Lake Winola, PA 8/01/1987: Resigned from St. Mary of the Lake 9/1987 – 1/2001: Chaplain, Mercy Center Convent, Dallas, PA 1/2001 – 6/2002: Chaplain, Holy Family Residence, Scranton, PA, 7/03/2002: Removed from ministry Summary: A father wrote in 1986 that his son was sexually molested by Kulig beginning in 1979 when the boy was 12. The abuse continued until Kulig was transferred in October 1985. The abuse included mutual masturbation, oral sex and anal sex. Albert M. Libertore, Jr. 8/1989 – 6/1990: Student, Louvain, Belgium 7/1990 – 2/1991: Parochial Vicar, St. John the Evangelist, Pittston, PA 2/1991 – 6/1993: Parochial Vicar, St. Peter’s Cathedral, Scranton, PA 7/1993 – 6/1995: Student, Louvain, Belgium 7/1995 – 6/1997: Director of Vocations, Scranton, PA 7/1995 – 4/1997: St. Pius X Seminary, Faculty, Dalton, PA 4/1997 – 6/1997: Resident, St. Clare, Scranton, PA 7/1997 – 1/2004: Administrator, Sacred Heart of Jesus, Duryea, PA 5/2004: Faculties removed 5/26/2006: Removed from the clerical state Summary: 20 young men from a high school observed Liberatore lying on the bed being given a back rub by a seminarian. In 2002, it was reported that Liberatore took a young man in his teens or early twenties into his bedroom. In 2004, the diocese received a complaint that he sexually abused two young men. He pled guilty to indecent assault, corruption of minors, endangering the welfare of children and furnishing alcohol to a minor in separate cases. John A. Madaj 6/1939 – 9/1944: Asst. Pastor, Nativity, Plymouth, PA 9/1944 – 1/1946: Asst. Pastor, St. Mary, Wilkes -Bane, PA 1/1946 – 9/1946: Asst. Pastor, St. Hedwig, Kingston, PA 9/1946 – 5/1950: Asst. Pastor, St. Adalbert, Glen Lyon, PA 5/1950 – 10/1955: Pastor, St. Joseph, Morrris Run, PA 10/1955 – 1/1970: Pastor, Sacred Heart, Forest City, PA 1/1970 – 9/1984: Pastor, Transfiguration, West Hazleton, PA 9/1984 – 1/1985: Pastor, St. Mary of Czestochowa, Eynon, PA 1/1985 – 9/1989: Pastor, SS Peter and Paul, Scranton, PA 9/1989 – 11/1998: Pastor Emeritus, St. Peter and Paul, Scranton, PA Summary: In 1952, Madaj was alleged to be having an affair with his housekeeper. In 1990, two parents alleged that Madaj sexually molested their son when he was nine or 10. Redacted – pending litigation The name of the priest, where he served and the exact incident was entirely redacted in the grand jury report. James M. McAuliffe 6/1942 – 9/1942: Asst. Pastor, St. Ann, Tobyhanna, PA 9/1942 – 3/1945: Asst. Pastor, St. Thomas, Archbald, PA 3/1945 – 6/1945: Asst. Pastor, Our Lady of the Snows, Clarks Summit, PA 6/1945 – 4/1947: Asst. Pastor, St. Mary’s, Pittston, PA 4/1947 – 6/1953: Asst. Pastor, St. Paul, Scranton, PA 6/1953 – 6/1954: Asst. Pastor, St. Therese, Shavertown, PA 6/1954 – 9/1954: Asst. Pastor, St. Ann, Tobyhanna, PA 9/1954 – 2/1966: Asst. Pastor, Holy Saviour, Wilkes -Bane, PA 2/1966 – 9/1969: Asst. Pastor, St. Thomas, Dickson City, PA 9/1969 – 9/1973: Pastor, St. James, Pleasant Mount, PA 9/1973 – 9/1989: Pastor, St. David, Scranton, PA 9/1989: Pastor Emeritus, St. David, Scranton, PA Summary: In March 1963, McAuliffe sexually abused and sodomized a victim. He was sent to Kentucky to spend time in a rehab facility. McAuliffe returned to the ministry and re-offended other young boys. Neil McLaughlin 1961 – 1983: Taught at Scranton Preparatory School 1971 – 1995: Celebrated weekend masses at St. John Bosco, Conyngham, PA 1985 – 1986: Served as the Assistant Director of Campus Ministries, University of Scranton 1985 – 2006: Administrative jobs with the Alumni Association at the University of Scranton 1990s: Celebrated weekend masses at St. Mary of the Assumption, Scranton, PA 1996 – 2006: Ministered part-time at St. Thomas More, Lake Ariel, PA Summary: McLaughlin’s niece made an allegation that in 1959, McLaughlin hugged her in a sexual manner. In 2008, an adult female reported that McLaughlin touched her in a sexual manner in 1963 when she was 10 years old. Joseph F. Meighan 6/1968 – 9/1968: Asst. Pastor, St. Ann, Shohola, PA 9/1968 – 5/1970: Asst. Pastor, St. Boniface, Williamsport, PA 5/18/1970: Removed from St. Boniface and ordered to report for psychological evaluation and treatment 5/1970 – 6/1975: Asst. Pastor, St. Matthew, East Stroudsburg, PA 6/1975 – 5/1976: St. Meinrad, IN for further studies 5/1976 – 12/1981: Asst. Pastor, St. Nicholas, Wilkes -Bane, PA 12/1981 – 9/1984: Pastor, St. Martin of Tours, Jackson, PA 9/1984 – 9/1987: Pastor, St. Boniface, Wilkes -Bane, PA 9/1987 – 7/1990: Pastor, St. Therese, Shavertown, PA, Resigned as pastor, St. Therese 8/1991 – 1/2001: Chaplain, Holy Family Residence, Scranton, PA 1/2001 – 2/2001: Chaplain, Mercy Center Convent, Dallas, PA 2/2001 – 6/2002: St. Mary’s Villa Nursing Home, Elmhurst, PA 7/03/2002: Removed from ministry Summary: In 1970, at least four boys were interviewed and reported that Meighan had disrobed and fondled them. In 1990, a mother observed Meighan in the process of disrobing her 17-year-old son in the parlor of the rectory. Russel E. Motsay 5/1972 – 3/1973: Asst. Pastor, Most Precious Blood, Hazleton, PA 3/1973 – 9/1974: St. Aloysius, Wilkes -Bane, PA 9/1974 – 1/1975: St. Lawrence, Williamsport, PA 1/1975 – 9/1977: Sacred Heart, Peckville, PA 9/1977 – 8/1978: Asst. Pastor, Our Lady of Grace, Hazleton, PA 8/1978 – 6/1982: Asst. Pastor, St. John the Evangelist, Wilkes -Bane, PA 6/1982 – 9/1985: Asst. Pastor, Holy Name of Jesus, Swoyersville, PA 9/1985 – 7/1989: Pastor, St. James, Pleasant Mount, PA, 7/1989 – 7/1996: Pastor, St. Juliana, Rock Lake, PA 7/1996 – 4/2012: Pastor, Our Lady of Mount Carmel, Carbondale, PA 4/13/2012: Resigned 9/15/2015: Removed from priestly ministry Summary: A victim reported that he would stay overnight at the rectory and would sleep in the same bed as Motsay. They would only be dressed in their underwear and Motsay would massage the victim, rubbing his inner thighs and fondling him. Motsay was interviewed and admitted to the allegations. James F. Nolan 6/1929 – 9/1929: Asst. Pastor, St. Mary, Lackawaxen, PA 9/1929 – 1/1931: Asst. Pastor, St. Patrick, Wilkes -Bane, PA 1/1931 – 9/1939: Asst. Pastor, SS. Peter and Paul, Towanda, PA 9/1939 – 6/1944: Asst. Pastor, St. Vincent, Scranton, PA 6/1944 – 6/1950: Pastor, St. James, Pleasant Mount, PA 6/1950 – 6/1956: Pastor, St. Charles, Sugar Notch, PA 6/25/1956: Resigned Summary: A 75-year-old man reported that he was groped by Nolan when he was 15-years-old as an altar boy. W. Jeffrey Paulish 9/1988 – 6/1991: Asst. Pastor, Our Lady of the Snows, Clarks Summit, PA 6/1991 – 1/1992: Asst. Pastor, Annunciation, Williamsport, PA 1/1992 – 6/1992: Asst. Pastor, St. Cecilia, Exeter, PA 6/1992 – 7/1993: Asst. Pastor, Most Precious Blood, Hazleton, PA 7/1993 – 1/1994: Asst. Pastor, Sacred Heart, Peckville, PA 1/1994 – 7/2000: Chaplain, Little Flower Manor, Wilkes -Bane, PA 7/2000 – 7/2004: Pastor, St. Francis Xavier, Friendsville, PA St. Patrick, Middletown, PA and St. Thomas the Apostle, Little Meadows, PA 7/2004 – 11/2004: Leave of Absence 11/2004 – 6/2005: Asst. Pastor, St. Joseph’s, Minooka, PA, Immaculate Conception and St. John the Baptist, Taylor, PA 6/2005 – 9/2005: Chaplain, St. Mary’s Villa, Elmhurst, PA 9/2005 – 11/2005: Asst. Pastor, St. Patrick, Scranton, PA 11/2005 – 3/2006: Leave of Absence 3/2006 – 10/2006: Residence, St. Cecilia, Exeter, PA 10/2006 – 7/2008: Asst. Pastor, St. Mary, Old Forge, PA 7/2008 – 7/2011: Administrator, St. Elizabeth, Bear Creek, PA 7/2011 – 8/2012: Leave of Absence 8/2012 – 11/2012: Asst. Pastor, Holy Cross, Olyphant, PA 11/2012 – 7/2013: Leave of Absence 7/2013 – 11/2013: Asst. Pastor, Prince of Peace, Old Forge, PA 9/20/2013: Leave of Absence Summary: Campus security officers at the University of Scranton caught Paulish having sex with a 15-year-old boy. He pled guilty to corruption of a minor and was sentenced to 8 to 23 months in prison. John A. Pender 6/1962 – 9/1962: Asst. Pastor, Queen of Peace, Hawley, PA 9/1962 – 2/1966: Asst. Pastor, Sacred Heart, Peckville, PA 2/1966 – 6/1967: Asst. Pastor, St. Leo, Ashley, PA 6/1967 – 10/1968: St. John, Susquehanna, PA 10/15/1968: Left the Diocese of Scranton without permission Summary: An allegation from a “John Doe” was made in 2014 for sexual abuse of children. Mark T. Rossetti 9/1985 – 1/1987: Asst. Pastor, St. John the Evangelist, Wilkes -Bane, PA 1/1987 – 9/1987: Asst. Pastor, SS Peter and Paul, Plains, PA 9/1987 – 7/1990: Asst. Pastor, St. John the Evangelist, Pittston, PA 7/1990 – 1991: Asst. Pastor, Holy Name, Swoyersville, PA 1991: Asst. Pastor, St. John the Evangelist, Pittston, PA 1994: Administrator, St. John the Baptist, Pittston, PA 7/1994 – 11/1995: Pastor, St. Joseph, St. Joseph, PA 11/29/1995: Resigned Summary: In 1995, the diocese was informed of an incident where Rosetti hugged, French-kissed and inappropriate conversations about how far they should go. Edward J. Shoback 6/1967 – 9/1967: Asst. Pastor, St. Ann, Shohola, PA 9/1967 – 9/1968: Asst. Pastor, St. Stephen, Plymouth, PA 9/1968 – 9/1970: Asst. Pastor, Holy Rosary, Ashley, PA 9/1970 – 9/1974: In residence, St. Therese, Wilkes -Bane, PA 9/1974 – 12/1980: Asst. Pastor, St. Aloysius, Wilkes -Bane, PA 12/1980 – 9/1987: Pastor, St. John Nepomucene, Luzerne, PA 9/1987 – 9/1989: Pastor, Transfiguration, West Hazleton, PA 9/1989 – 7/2004: Pastor, St.’ s Peter and Paul, Scranton, PA 7/20/2004: Removed from active ministry 5/22/2009: Dismissed from the clerical state Summary: In 2004, a man contacted the diocese to report he was sexually abused by Shoback in 1981 at the age of 12. During a movie, Shoback removed the victim’s clothing and performed oral sex on him. Two other male victims reported similar incidents. Thomas P. Shoback 5/1977 – 8/1977: Asst. Pastor, St. Matthew, East Stroudsburg, PA 9/1977 – 1/1984: Asst. Pastor, Nativity of the Blessed Mary, Plymouth, PA 1/1984 – 8/1984: Asst. Pastor, St. Joseph, Hazleton, PA 8/1984 – 2/1989: In residence, Sacred Heart, Plains, PA 2/1989 – 6/1997: Pastor, St. Andrew and St. Mary, Blossburg, PA 7/1997 – 7/2002: Pastor, Our Lady of Lourdes, Montoursville, PA 7/2002 – 7/2004: Pastor, Holy Redeemer, Harding -Falls, PA 7/2004 – 7/2006: Pastor, St. Joseph, Hudson, PA, Sacred Heart, Plains, PA 7/2006 – 11/2011: Pastor, Sacred Heart of Mary, Jermyn, PA 11/15/2011: Leave of Absence 5/01/2013: Resignation 11/14/2014: Removed from ministry Summary: The diocese received a report that an 11-year-old boy was sexually assaulted by Shoback in 2006 while the boy was an altar server. Shoback denied the allegations, but the victim provided the name of another former altar boy who was also a victim. Thomas D. Skotek No further details were listed. John J. Tamalis 5/1971 – 9/1971: Asst. Pastor, St. Mary of the Mount, Mount Pocono, PA 9/1971 – 9/1976: Asst. Pastor, Queen of Peace, Hawley, PA 9/1976 – 8/1985: St. Boniface, Williamsport, PA 9/1985 – 7/1990: Campus Ministry, Lycoming College, Williamsport, PA 7/1990 – 7/1996: Pastor, Holy Child, Mansfield, PA 7/1996 – 3/1997: Pastor, St. Lawrence, South Williamsport, PA 4/03/1997: Leave of Absence 2/02/1998: Removed from ministry 12/21/2007: Dispensation from clerical state Summary: In 1997, a 33-year-old male reported to the diocese that he was sexually abused by Tamalis in 1976 when he was 13. Tamalis furnished alcohol to him and performed oral sex. Tamaris admitted that he probably abused nine boys and young men. Virgil B. Thetherow 1/23/2015: Dispensation from clerical state Summary: Thetherow admitted to downloading child pornography on a computer at the rectory of a church. He plead guilty to criminal charges and received a probationaly sentence. Robert M. Timchak 7/1992 – 7/1994: Asst. Pastor, St. Mary of the Immaculate Conception, Wilkes -Bane, PA 7/1994 – 7/1996: Director of Religious Formation, Seton Catholic High School, Pittston, PA 7/1996 – 7/1998: Director of Religious Formation, Bishop Hoban High School, Wilkes -Bane, PA 7/1998 – 7/2006: Holy Savior, Wilkes -Bane, PA 6/2000 – 7/2006: Asst. Pastor, Annunciation, Williamsport, PA 7/2006 – 7/2007: Transfiguration, West Hazleton, PA St’s. Peter & Paul, Hazleton, PA 7/2007 – 4/2009: Leave of Absence 4/04/2009 Asst. Pastor, St. Vincent de Paul, Milford, PA 1/24/2014: Dispensation from clerical state Summary: Timchak pled guilty to possessing and downloading child pornography in 2008. Lawrence P. Weniger 6/1934 – 9/1940: Asst. Pastor, St. Boniface, Wilkes -Bane, PA 9/1940 – 6/1941: Asst. Pastor, St. Mary Magdolen, Honesdale, PA 6/1941 – 6/1949: Asst. Pastor, St. Mary, Scranton, PA 6/1949 – 9/1951: Pastor, St. Thomas, Little Meadows, PA 9/1951 – 9/1960: Pastor, St. John, Troy, PA 9/1960 – 5/1961: Pastor, St. Mary’s Assumption, Pittston, PA 5/1961 – 5/1968: Pastor, Sacred Heart, Luzerne, PA 5/19/1968: Prelate of Honor 3/08/1971: Diocesan Consultor Summary: In 2002, an adult male said that he was sexually assaulted while serving as an altar boy in the 1960s. Joseph B. Wilson 12/1994 – 7/1996: Asst. Pastor, St. Ignatius, Kingston, PA 7/1996 – 1/1998: Administrator, Ascension, Williamsport, PA 2/1998 – 7/1999: Chaplain, Marian Convent, Scranton, PA 7/1999 – 1/2000: Asst. Pastor, St. Nicholas, Wilkes -Bane, PA 1/2000 – 7/2002: Chaplain, Divine Providence Hospital, Williamsport, PA 7/03/2002: 8/19/2002: Removed from ministry Summary: While at Holy Cross, allegations were made that he had sexually abused two boys. Wilson admitted to abusing one of the boys and was sent for evaluation. Society of St. John Christopher R. Clay 7/1998 – 7/2000: Catechist, Notre Dame High School, East Stroudsburg, PA 7/2000 – 5/2002: Chaplain, Bishop Hafey High School, Hazleton, PA 5/2002 – 2/2003: Administrative Leave, Removed from active ministry 2/2003 – 2/2003: Asst. Pastor, St. Thomas More, Lake Ariel. PA 2/2003: Leave of Absence Eric S. Ensey 11/1997 – 4/200: Incardinated, Diocese of Scranton 4/2001 – 4/2002: Administrator Pro Tempore, St. Patrick, Milford, PA 4/2002: Removed From Active Ministry 11/2011: Tribunal – Diocese of Harrisburg, Pa: Removed From the Clerical State Carlos Urrutigoity 5/24/1998: Decree issued by Bishop James C Timlin establishing the Society of St John; Urrutigoity not issued a religious assignment 4/2002: Removed from active ministry Summary for Clay, Ensey and Urrutigoity: The Society of St. Pius X was founded in 1970 by a retired missionary bishop. In 1988, the founder sought an agreement with the Holy See for lawful continuation and an agreement was reached. In an effort to return disaffected members of the St. Pius X to membership in the Catholic Church, Bishop James C. Timlin interviewed a group of men – the Society of St. John including Carlos Urrutigoity, Eric Ensey, Daniel Fullerton and Marshal Roberts. No background checks or reviews were taken. On Sept. 15, 2001, Timlin was informed that Urrutigoity made it a practice to sleep in the same bed with boys and young men. Urrutigoity was questioned and denied any immoral behavior, although admitted that there may have been occasions when overcrowding prompted shared sleeping arrangement. In January 2002, Timlin received correspondence from the Pope, who send a letter written by the victim’s father accusing Urrutigoity and Ensey of sexual misconduct. Clay, who was staying at a St. John property, was also accused. No charges were filed after the statute of limitations had expired. Urrutigoity, Ensey and Clay were sent for clinical assessments and removed from active ministry. Ensey, it was determined, did commit sexual abuse of a minor. Urrutigoity and Ensey were told not to engage in active ministry involving children. Clay was reinstated, but ultimately declined the appointment and was granted a leave of absence. While awaiting an investigation, Ensey travelled to Canada where it was learned he was active in a Catholic Church. Benedict J. Van Der Putten Summary: While in Los Gatos, California, Van der Putten had “indecent acts” with a 15-year-old girl, and attempted the same with another girl, age 17, around 2000. He was sent to international headquarters in Switzerland, and then sent to an island monastery in Ireland. While there, he was expelled from the society. In 2001, he became a member of the Society of Saint John and worked with the diocese of Scranton. In 2001, Bishop Timlin was notified that there was a past sexual abuse allegation against van der Putten while in California. In 2002, Timlin and other administrators interviewed him, and he admitted involvement with a 16-year-old girl. Van der Putten said he kissed the girl and caressed her breast. He also exposed his genetalia. Van der Putten claimed there was “nothing erotic” about the encounter, just attempts to “build trust.” Van der Putten did not have any contact with the diocese after being denied faculties in the diocese of Scranton in 2002. He is using a website to advertise his availability for conferences, retreats and youth camps while stating he is a priest in good standing. ## Contact Us Your Name (required) Your Email (required) Phone City State Date of Incident Location of Incident (include state) Type of Legal Matter —Please choose an option—Social Media Addiction / MDLJeffrey Epstein Sex AbusePennsylvania Sex AbuseNew York Sex AbuseMichigan Sex AbuseSex Abuse – Any StateTitle IX – College or UniversityTitle IX – High School or Middle SchoolTitle IX – Elementary SchoolChild Pornography – ProductionChild Pornography – Distribution and PossessionChild Pornography – RestitutionSex Abuse – At SchoolSex Abuse – At CampSex Abuse – In Foster CareSex Abuse – By Relative or FriendSex Abuse – By Priest, Minister, Religious LeaderSex Abuse – OtherCrime Victim – OtherFederal AppealsStatutory ReformCrime Victim's RightsOther Use Ctrl key to select multiple types Comments This form sends information by non-encrypted e-mail, which is not secure. Submitting this form does not create an attorney-client relationship. By submitting this form, you agree to be bound by the provisions on our [disclaimers page](https://www.jamesmarshlaw.com/disclaimers/). Someone will respond within 24 hours. Thank you! Δ --- ### [Intake](https://www.jamesmarshlaw.com/intake/) **Published:** January 27, 2022 **Author:** James R. Marsh --- ### [CVA Lawsuits Filed on August 14, 2019](https://www.jamesmarshlaw.com/cva-lawsuits-filed/) **Published:** August 14, 2019 **Author:** James R. Marsh **Content:** ## Catholic Church --- --- --- --- --- --- --- --- --- --- ## Boy Scouts of America --- --- --- --- --- --- ### [Impact Advocacy](https://www.jamesmarshlaw.com/impact-litigation/) **Published:** January 21, 2015 **Author:** James R. Marsh **Content:** ## Advocating for Victims in the Supreme Court On June 27, 2013, the United States Supreme Court agreed to review a case brought by the Marsh Law Firm concerning criminal restitution for victims of child pornography. [![supremecourt](https://www.jamesmarshlaw.com/wp-content/uploads/2015/01/supremecourt.jpg "supremecourt « Marsh Law Firm")](https://www.jamesmarshlaw.com/wp-content/uploads/2015/01/supremecourt.jpg) The Court agreed to decide “**what, if any, causal relationship or nexus between the defendant’s conduct and the victim’s harm or damages must the government or the victim establish in order to recover restitution under 18 U.S.C. §2259,**” the Mandatory Restitution for Sexual Exploitation of Children Act of 1994. The case, [*Paroline v. United States*](http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/12-8561.htm "Supreme Court docket"), arises out of a long-fought and extensively litigated criminal restitution action which began almost four years ago before [Judge Leonard Davis](http://www.txed.uscourts.gov/page1.shtml?location=info:judge&judge=7 "Judge Leonard Davis") in the Eastern District of Texas Tyler Division. Last January the defendant, Doyle Randall Paroline, filed a [Petition for a Writ of Certiorari](http://www.scribd.com/doc/137762553/Petition-for-a-Writ-of-Certiorari "Paroline Petition for a Writ of Certiorari") in the Supreme Court seeking review of last year’s momentous Fifth Circuit [en banc decision](http://www.childlaw.us/fifth_circuit_issues_landmark_/ "Fifth Circuit Issues Landmark Ruling for Child Victims") which significantly expanded the rights of child pornography victims to receive criminal restitution. Amy’s personal story was recently chronicled in [this](http://bit.ly/stolenchildhood "The Price of a Stolen Childhood") front-page *New York Times Magazine* feature story by noted journalist and author [Emily Bazelon](http://emilybazelon.com/ "Emily Bazelon"). The case was heard by the Court on Wednesday, January 22, 2014. For complete details about the case, including the fourteen amicus briefs filed on behalf of victims visit[ Marsh Law Firm’s ChildLaw blog](http://www.childlaw.us/doyle-randall-paroline-vs-amy-unknown/). --- ## Advocating for Victims in Court [**American Bar Association Journal**](http://www.abajournal.com/magazine/article/pricing_amy_should_those_who_download_child_pornography_pay_the_victims) – ***Pricing Amy: Should Those Who Download Child Pornography Pay the Victims?*** (September 1, 2012) ![](https://www.jamesmarshlaw.com/wp-content/uploads/2015/01/Sep_2012_Cvr_1.jpg) The ABA *Journal* is read by half of the nation’s 1 million lawyers every month. It covers the trends, people and finances of the legal profession from Wall Street to Main Street to Pennsylvania Avenue The Marsh Law Firm is featured in the September 2012 issue which highlights our efforts to obtain criminal restitution for victims of child pornography and child exploitation. One of our clients, Amy, has taken the lead in a four year fight which has taken us to every federal district court and every Circuit Court in the nation. From the ABA *Journal*: Amy and her lawyer are, however, fighting back. Her battle is part of a series of cases—now wending their way through the federal courts—trying to help the victims of child pornography by seeking financial restitution, not from the perpetrator but from the untold number of people who subsequently download their pornographic images. Amy could be considered the leader in this legal trend. Her pictures are among the most widely traded in the underground world of online child pornography. Under the Crime Victims’ Rights Act, the government must notify Amy and other child pornography victims anytime anyone is arrested by federal authorities for possessing their images. Her attorney, James Marsh of New York City, says his office has received at least 1,500 required notices of federal prosecutions for possession of those images. “The day after we were retained in 2008, we had someone open up all these notices she received in the calendar years 2006 and 2007,” Marsh says. “It took two days just to open the envelopes.” Using the restitution provisions of the Violence Against Women Act, Marsh has begun utilizing the courts to request financial restitution from those convicted of possessing images of Amy’s child sexual abuse. The novel and controversial requests don’t seek to hold possessors responsible for the original exploitation of Amy. Rather, they seek restitution under VAWA, as authorized by the Crime Victims’ Rights Act, for harm done to Amy each time someone downloads her uncle’s pornographic images of her. For more information about Amy and the Marsh Law Firm’s groundbreaking effort to obtain criminal restitution, [click here](http://www.childlaw.us/doyle-randall-paroline-vs-amy-unknown/) for press clipping and news summaries. --- ## Advocating for Victims in Congress In 1998, a Russian orphan girl named Mariya Nikolaevna Yashenkova (also known as Masha Allen) was targeted by a sophisticated child pedophile network. Mariya was adopted internationally at age five by a single American man named Matthew Mancuso who raped and sexually abused her for six years. Throughout this period, Mancuso memorialized his ongoing exploitation of Masha by producing hundreds of child sex abuse images which he distributed on the Internet to other pedophiles. ![](https://www.jamesmarshlaw.com/wp-content/uploads/2015/01/ADE075_LO.jpg) In late 2006, the Marsh Law Firm was instrumental in enhancing the federal civil legal rights of children who are victims of child pornography. Borrowing from intellectual property and victims’ rights law, our firm helped draft, introduce and pass—in just seven months—a comprehensive update to a long-forgotten federal law which gives victims the right to sue anyone who produces, distributes or possess their child sex abuse images. Masha’s Law provides statutory damages of $150,000 for each violation of federal child pornography provisions and was incorporated into the Adam Walsh Child Protection and Safety Act \[[Pub.L. 109-248](http://www.gpo.gov/fdsys/pkg/PLAW-109publ248/pdf/PLAW-109publ248.pdf)\] signed by President Bush on July 27, 2006. Thanks to our work, victims of child pornography and sexual exploitation have a newly invigorated federal statutory right in every federal district court in the country to pursue their victimizers. No longer will children have to suffer in silence relegated to permanent unseen and unheard victims of this horrible crime. Now everyone who profits from and participates in these evil acts will be held accountable not only criminally, but financially. --- ## Contact Us Today Your Name (required) Your Email (required) Phone City State Date of Incident Location of Incident (include state) Type of Legal Matter —Please choose an option—Social Media Addiction / MDLJeffrey Epstein Sex AbusePennsylvania Sex AbuseNew York Sex AbuseMichigan Sex AbuseSex Abuse – Any StateTitle IX – College or UniversityTitle IX – High School or Middle SchoolTitle IX – Elementary SchoolChild Pornography – ProductionChild Pornography – Distribution and PossessionChild Pornography – RestitutionSex Abuse – At SchoolSex Abuse – At CampSex Abuse – In Foster CareSex Abuse – By Relative or FriendSex Abuse – By Priest, Minister, Religious LeaderSex Abuse – OtherCrime Victim – OtherFederal AppealsStatutory ReformCrime Victim's RightsOther Use Ctrl key to select multiple types Comments This form sends information by non-encrypted e-mail, which is not secure. Submitting this form does not create an attorney-client relationship. By submitting this form, you agree to be bound by the provisions on our [disclaimers page](https://www.jamesmarshlaw.com/disclaimers/). Someone will respond within 24 hours. Thank you! Δ --- ### [Class Action Lawsuits Under the New York Child Victims Act](https://www.jamesmarshlaw.com/cva-class-actions/) **Published:** February 15, 2019 **Author:** James R. Marsh **Content:** Class action lawsuits are bad for victims and survivors of childhood sexual abuse under the New York Child Victims Act. The main architect of the CVA, [Marci Hamilton](http://en.wikipedia.org/wiki/Marci_Hamilton) of [CHILD USA](http://www.childusa.org/), explains why in [this article](http://bit.ly/2DMMJEO) in Justia. [![](https://www.jamesmarshlaw.com/wp-content/uploads/2019/02/Justia.gif "Justia's Verdict « Marsh Law Firm")](http://bit.ly/2DMMJEO)Justias Verdict featuring Marci A Hamilton It took over 15 years to get the New York Child Victims Act passed in the legislature and then signed by the governor. Today, Gov. Andrew Cuomo signed the Child Victims Act into reality. A dream come true for me and for so many others. There is a lot of justice that had been denied that will now be real. The Child Victims Act creates opportunities for victims that were not there before: those children being abused right now (and anyone under age 22 as of today) will have until they are 55 to file civil claims and until age 28 for most criminal charges. Anyone whose claims expired long ago or just short of today will have the benefit of a one-year “window” that will open in six months. Starting in six months, they will have one year to file a civil lawsuit against their perpetrator and/or the institution that enabled the abuser. The six-month delay means that a victim who files before that risks dismissal and even foreclosure of their window lawsuit if the court were to rule on the merits. Best to wait the six months! This is all about honoring and empowering the victims of child sex abuse who had faced locked courthouse doors due to New York’s unfairly short statutes of limitations (SOLs). In other states, many victims have sued individually and found a path to justice, as you can see in the “Relative Success” graphic [here](http://www.childusa.org/law). Sadly, it took next to no time in New York after the Governor signed the bill for lawyers to start moving justice away from the victims and to their own benefit—with the filing of a class action lawsuit. The very same day, one complaint was prematurely and possibly improperly filed against Rockefeller University, where serial pedophile pediatric endocrinologist Reginald Archibald abused hundreds. It is troubling to consider that it could be replicated for other institutions or all survivors, period. The CVA’s window is intended to create opportunities for victims to obtain individual justice tailored to their particular experiences and damages. Trauma operates through each victim differently, so the victim who is touched over their clothing doesn’t necessarily have less severe PTSD than the victim more violently touched. The child abused a few times might have severe depression and substance abuse, while the one who was abused over years might thrive. That is the science of trauma. A window lawsuit under the CVA lets the victim sue the perpetrator and/or institution to force out the still-kept secrets through discovery and shift the cost of the abuse to the ones who caused it, as measured by the actual damage done to the victim whether it is psychological, inability to succeed, or destroyed relationships—all of which can be a byproduct of child sex abuse. A window lawsuit can be a soul-awakening process of empowerment and healing when focused on each individual victim. Statute of limitations reform is intended to make bad actors accountable, deter institutions from future endangerment of children, and make victims and their families whole. Such suits also educate the public about the prevalence of this pandemic and put the spotlight on those who have permitted the endangerment of children. These are lofty goals worthy of over a decade of effort by an army of advocates and survivors. ## Why Class Actions Are Inconsistent with Child Sex Abuse Victim Empowerment and Healing Class actions are designed for circumstances where the victims have identical or nearly identical harm, or where such small monetary amounts are at stake that individual suits are implausible. For example, they are effective and efficient when dealing with litigation over a medication or medical device, or where a $1 charge is improperly added to thousands of standardized consumer invoices. They permit aggregation of claims that are essentially redundant of each other. The University of Southern California had a notorious gynecologist, Dr. George Tyndall, who sexually abused hundreds of female students. Lawyers quickly swooped in and created a class action of students. They negotiated the now infamous deal where each victim will receive a minimum of $2,500, possibly $7,500–20,000, and for some, a maximum of $250,000, while the lawyers will rake in [millions](http://www.latimes.com/local/lanow/la-me-ln-usc-settlement-lawsuits-former-patient-gynecologist-20190213-story.html). It’s great for the university as it can now “move on,” and so can the class action lawyers. The victims, though, have received far less than the average compensation for the Catholic victims who took advantage of the 2003 window—$1.3 million—or what the Michigan State University settlement yielded—$1.4 million on average. I wager many of the victims don’t fully understand trauma or its potential, longtime, insidious, deleterious effects, or what they have bargained away. The lawyers have defended the settlement as adequate, claiming the litigation would have been lengthier and more demanding. Sounds like the Catholic bishops’ compensation programs to me. In other words, it is an example of an at-fault institution rushing and clearing as many settlements as possible before litigation pushes into the public square too many more facts and before the survivors fully understand how the institution harmed them. **This cannot be permitted to happen to the sex abuse victims in New York, after 15 years of enormous effort to pass the Child Victims Act, who are supposed to be receiving a chance at full justice. The good news is that the class action lawsuit was filed in federal court where class actions must give victims a right to “opt out” of the lawsuit. So every victim will have the opportunity to think carefully about whether a “quickie” class action settlement is truly in her or his best interest.** The public policy problem, though, is that this is a great way for lawyers to benefit while survivors are once again made second-class participants in their own journey to justice. It’s bad enough they were victimized as children; and then they were re-victimized by insultingly short SOLs; but to be re-victimized after the CVA passes by not being taken individually and seriously in their own lawsuit constitutes the wrong result. It violates the spirit and the intent of the Child Victims Act so many labored so long to actualize. --- [![Support CHILD USA the thinktank for child protection](https://www.jamesmarshlaw.com/wp-content/uploads/2019/02/CHILD-Banner.jpg "CHILD Banner « Marsh Law Firm")](http://app.etapestry.com/onlineforms/CHILDUSA_2/donation.html)Support Child USA![](https://www.jamesmarshlaw.com/wp-content/uploads/2019/02/hamilton.jpg "hamilton « Marsh Law Firm") Marci A. Hamilton is the Robert A. Fox Leadership Program Professor of Practice, and Fox Family Pavilion Resident Senior Fellow in the Program for Research on Religion at the University of Pennsylvania; the founder, CEO, and Academic Director of the nonprofit think tank to prevent child abuse and neglect, [CHILD USA](http://www.childusa.org/), and author of *[God vs. the Gavel: The Perils of Extreme Religious Liberty](http://www.amazon.com/God-vs-Gavel-Extreme-Religious-ebook/dp/B00K2RBBT0/)* and *[Justice Denied: What America Must Do to Protect Its Children](http://www.amazon.com/Justice-Denied-Marci-Hamilton-ebook/dp/B0087GZAI6/)*. Her email address is <marcih@sas.upenn.edu>. --- ## Categories ### [News](https://www.jamesmarshlaw.com/news/) --- ### [Opinion](https://www.jamesmarshlaw.com/opinion/) --- ### [Video](https://www.jamesmarshlaw.com/video/) --- ### [Television](https://www.jamesmarshlaw.com/television/) --- ### [Radio](https://www.jamesmarshlaw.com/radio/) --- ### [Child Pornography](https://www.jamesmarshlaw.com/child-pornography/) --- ### [Restitution](https://www.jamesmarshlaw.com/restitution/) --- ### [Title IX](https://www.jamesmarshlaw.com/title-ix/) --- ### [Campus Sexual Assault](https://www.jamesmarshlaw.com/campus-sexual-assault/) --- ### [Paroline](https://www.jamesmarshlaw.com/paroline/) --- ### [Cases](https://www.jamesmarshlaw.com/cases/) --- ### [United States Supreme Court](https://www.jamesmarshlaw.com/united-states-supreme-court/) --- ### [Marsh Law Firm Blog](https://www.jamesmarshlaw.com/blog/) --- ### [Sextortion](https://www.jamesmarshlaw.com/sextortion/) --- ### [Childhood Sexual Abuse](https://www.jamesmarshlaw.com/childhood-sexual-abuse/) --- ### [Archibald Scandal](https://www.jamesmarshlaw.com/archibald-scandal/) --- ### [Madison Square Boys Club MSBC](https://www.jamesmarshlaw.com/madison-square-boys-club-msbc/) --- ### [Child Victims Act (CVA)](https://www.jamesmarshlaw.com/child-victims-act-cva/) --- ### [Catholic Church](https://www.jamesmarshlaw.com/catholic-church/) --- ### [Abuse by Nuns](https://www.jamesmarshlaw.com/abuse-by-nuns/) --- ### [Scouting](https://www.jamesmarshlaw.com/scouting/) --- ### [Epstein](https://www.jamesmarshlaw.com/epstein/) --- ### [Bankruptcy](https://www.jamesmarshlaw.com/bankruptcy/) --- ### [Guy Caley](https://www.jamesmarshlaw.com/guy-caley/) --- ### [Schools](https://www.jamesmarshlaw.com/schools/) --- ### [Foster Care](https://www.jamesmarshlaw.com/foster-care/) --- ### [Crime Victims' Rights](https://www.jamesmarshlaw.com/crime-victims-rights/) --- ### [Nirvana](https://www.jamesmarshlaw.com/nirvana/) --- ### [Tutorials](https://www.jamesmarshlaw.com/tutorials/) --- ### [Omegle](https://www.jamesmarshlaw.com/omegle/) --- ### [Press Release](https://www.jamesmarshlaw.com/press-release/) ---