Boston Sexual Abuse Lawyer Blog

The Boston Globe reports that New England Conservatory officials said they have received no complaints from students or alumni about a convicted sex offender hired by renowned conductor Benjamin Zander to make videos over the past decade.

Karen Schwartzman, a spokeswoman for the conservatory, would not confirm that Zander had been fired, but she said in a phone interview that his departure was warranted.
Zander believed Peter Benjamin was remorseful and determined to turn his life around.

Zander was one of numerous faculty members who used the services of Peter E. Benjamin, 68, but he was the only one to admit knowledge of the videographer's crimes. Zander has said he was fired after refusing to resign.

"His decision showed poor judgment,'' Schwartzman said. "The conservatory had no choice but to take the action it took.''

Benjamin spent five years in prison during the 1990s after pleading guilty to charges of rape and sex abuse. His case included allegations that he secretly videotaped himself having sex with three teenage boys.

Zander, 72, the revered conductor of the Youth Philharmonic Orchestra and faculty member for the past 45 years, left a deep imprint on the thousands of students he inspired with rousing talks and exacting standards over more than four decades at the New England Conservatory, leaving many dismayed that he left on such a discordant note.

Schwartzman acknowledged during the weekend that the institution did not follow its own policies to protect children. She said that in November 2010 the school began screening its vendors for criminal backgrounds, not just staff and volunteers, which they had previously done to comply with state law. They did not check Benjamin's background, however.

Last week, school officials sent e-mails to some 6,500 current and former students and their families, explaining that they learned in mid-December that a videographer on campus was a convicted sex offender.

During the weekend, Zander sent a letter to his youth orchestra telling them he preferred to stay in a job he adored. He told them he knew Benjamin's crimes were of a "sexual nature,'' but he said he did not know details.

New England Conservatory officials yesterday said they have received no complaints from students or alumni about a convicted sex offender hired by renowned conductor Benjamin Zander to make videos over the past decade, and they defended the decision to cut ties with him last week.

Karen Schwartzman, a spokeswoman for the conservatory, would not confirm that Zander had been fired, but she said in a phone interview that his departure was warranted.
Zander believed Peter Benjamin (above) was profoundly remorseful and determined to turn his life around.

WBZTV

Zander believed Peter Benjamin (above) was profoundly remorseful and determined to turn his life around.

"There might be some who think that certain people in an organization can be held to a different standard, because of their prominence or because of the number of years they have been affiliated or because of their role or because of the degree to which they are revered,'' Schwartzman said. "But when an institution is presented with information that a senior faculty member has made a decision without consulting anyone else about bringing a sex offender on a campus that serves children, the organization has no choice but to take strong disciplinary measures.''

Zander was one of numerous faculty members who used the services of Peter E. Benjamin, 68, but he was the only one to admit knowledge of the videographer's crimes. Zander has said he was fired after refusing to resign.

"His decision showed poor judgment,'' Schwartzman said. "The conservatory had no choice but to take the action it took.''

Benjamin spent five years in prison during the 1990s after pleading guilty to charges of rape and sex abuse. His case included allegations that he secretly videotaped himself having sex with three teenage boys.

Zander, 72, the revered conductor of the Youth Philharmonic Orchestra and faculty member for the past 45 years, left a deep imprint on the thousands of students he inspired with rousing talks and exacting standards over more than four decades at the New England Conservatory, leaving many dismayed that he left on such a discordant note.

But in interviews on and off campus yesterday, students and their parents had mixed feelings about Zander's departure.

"Sometimes he does things that annoy people, but like a lot of students, I think [Zander] is a very, very, very great person,'' said Rafael Horowitz Friedman, 19, a freshman oboist. "I can see why the administration thought he used poor judgment. But is this the way to treat someone who had such a huge impact for so many years?''

While dropping his son off at the school, Bill McShane said he thought the administration responded in a "knee-jerk fashion.''

"You get the sense that the administration was reacting to national concerns,'' he said. "At the very least, I think Zander had the responsibility to inform the conservatory that he was employing a sex offender. But I still don't think I would have fired someone who has been there for so long and done so much good.''

"It seems unfair to me,'' said his son, Billy McShane, 19, a sophomore.

Others said the school, which could be held legally accountable for any crimes committed on campus, had no choice.

"Zander has been really great for the conservatory, and I think he's a fantastic musician,'' said Vani Jagannathan of Southborough, who has a son and daughter in the conservatory's youth program. "As a parent, my first obligation is to my child. If the university administration thinks they made the right decision, I support them.''

Schwartzman acknowledged during the weekend that the institution did not follow its own policies to protect children. She said that in November 2010 the school began screening its vendors for criminal backgrounds, not just staff and volunteers, which they had previously done to comply with state law. They did not check Benjamin's background, however.

Last week, school officials sent e-mails to some 6,500 current and former students and their families, explaining that they learned in mid-December that a videographer on campus was a convicted sex offender.

During the weekend, Zander sent a letter to his youth orchestra telling them he preferred to stay in a job he adored. He told them he knew Benjamin's crimes were of a "sexual nature,'' but he said he did not know details.

He also told students he thought his removal had been influenced by other events, including previous disagreements with conservatory president Tony Woodcock.

"I felt it was the right thing at the time to give this man a chance,'' Zander wrote. "I deeply regret the upset I have brought to you all inadvertently as a result of the way this has all played out.''

A Rochester, New York man was arraigned in Berkshire Superior Court on a sexual assault charge, as 29 year old BENJAMIN C. WILLSEA appeared before Judge Daniel Ford

WILLSEA had a not guilty plea entered on his behalf on one (1) count RAPE. Judge Ford released him on personal recognizance on the condition WILLSEA have no contact with the alleged victim.

It is alleged that WILLSEA sexually assaulted an 18 year old woman, in Stockbridge, on July 24, 2011. The investigation was conducted by members of the Stockbridge Police Department.

The Diocese of Worcester has asked the Vatican to defrock the Rev. Lowe B. Dongor, the Roman Catholic priest charged in September with possessing child pornography and stealing from his parish in Fitchburg, reports the Telegram and Gazette.

Church and law enforcement officials believe Rev. Dongor has fled the country and may have returned to his native homeland of the Philippines. A default warrant was issued for Rev. Dongor after the clergyman failed to show up for an Oct. 25, 2011 court hearing.

Chancery officials said they are seeking to oust Rev. Dongor in the wake of a "clarification" last spring by church officials in Rome that possession of child pornography is grounds for removal from the priesthood.

In May, the Vatican's Congregation of the Doctrine of the Faith declared that "the acquisition, possession, and distribution of child pornography is a canonical delict that pertains to the sexual abuse of a minor."

State police have charged that one of Rev. Dongor's laptops contained images of girls around the ages of 10 and 11 in various states of undress. The priest also allegedly admitted to investigators that, on a number of occasions, he stole "$40 or $50" from St. Joseph Parish to send to his family in the Philippines, reports the Telegram and Gazette

Rev. Dongor is on administrative leave of absence and was relieved, in July, of his duties as associate pastor at St. Joseph's by Bishop Robert J. McManus.

Raymond L. Delisle, a spokesman for the diocese, said that Bishop McManus has asked Pope Benedict XVI to defrock Rev. Dongor in light of the pornography allegations.

Bishop McManus had written the Catholic Bishops' Conference of the Philippines warning that the priest may have returned home to the Southeast Asian islands nation.

In a letter to the Filipino prelates, the bishop said that Rev. Dongor left a note saying that he would be returning "home."

In November, the Philippine-based abs-cbnNEWS.com reported that the priest returned to his hometown of Barotac Nuevo, Iloilo, in October.

The website said that relatives, including Rev. Dongor's brother, Joey, were surprised by the visit.

Family members said they hadn't seen the priest in years and said they were shocked by the charges.

Timothy Connolly, a spokesman for District Attorney Joseph D. Early Jr., said local authorities would move to extradite Rev. Dongor back to Massachusetts, if he is located, reports the Telegram and Gazette.

At this point, he said the DA's office has no solid information on Rev. Dongor's whereabouts.

"Once he's found, the wheels will be put in motion to bring him back," Mr. Connolly said.

Rev. Dongor, 35, was summoned to Fitchburg District Court on Sept. 9 on charges of larceny of property worth more than $250, larceny from a building and possession of child pornography.

He was released on personal recognizance.

A former Waltham Public Schools student has filed a lawsuit alleging that a former Waltham High School principal failed to act on prior reports of sexual abuse by a teacher that could have prevented the teacher from abusing him.

Patch.com reports that former student and alleged victim, Michael Phillips Jr., in the lawsuit filed in Middlesex Superior Court on Dec. 16, claims that former Waltham High School Principal and School Committee member-elect John Graceffa failed to act on prior reports of sexual abuse against students by Robert Dacey a former drama teacher at John W. McDevitt Middle School, who died in 2007 while he was awaiting trial on sexual abuse charges.

Graceffa currently works as the dean of students at Arlington Catholic High School in Arlington, according to the Boston Globe.

Specifically, Phillips' attorney, Carmen Durso said that Graceffa had been informed three times in 2002 about prior acts of abuse by Dacey, but failed to take action about them.

Dacey allegedly abused Phillips, now 20, in 2005, while a student at McDevitt Middle School. Phillips, after being abused three times, reported it to police in August 2006, according to Durso.

Reached by Waltham Patch yesterday, Graceffa said he had "no idea" about the lawsuit and was shocked to learn about it from a reporter. When asked whether he planned to take his seat on the School Committee early next year, he said, "yes."

Specifically, the lawsuit claims Graceffa violated the state's law that mandates school officials report such incidents to police. The suit also claims the City of Waltham, also named as a defendant, violated Title IX, a federal law requiring schools to have procedures about notice, education and training for reporting sexual abuse.

"Waltham very likely has such procedures but they certainly were not followed in this case. If they had been, Michael ... probably would not have been abused," Durso said.

Dacey died in June 2007, reportedly from a heart attack, while awaiting trial on 17 felony charges of sexual intercourse with a child, assault with intent to rape, indecent assault and battery on child under the age of fourteen, indecent assault and battery on a child under the age of 14, indecent assault and battery on a child over the age of 14, enticement of a child and statutory rape of a child, according to the lawsuit. The charges stem from alleged abuse against three separate boys.

The Boston Globe reports that the principal of the King K-8 School in Dorchester never alerted state authorities that a teacher's aide may have had inappropriate contact with a student last spring.

Massachusetts law requires school employees to report suspicions of child abuse to the state Department of Children and Families, but that law may provide some leeway. According to an informational pamphlet produced by the agency, professionals should immediately report cases when they "have reasonable cause to believe that a child under the age of 18 years is suffering from abuse and/or neglect.''

Whether this case rises to that "reasonable cause'' standard is the point of a review ordered by School Superintendent Carol R. Johnson. She has asked her staff to determine whether the King principal followed proper protocols in investigating the concern and in deciding not to file a report to the state.

"The principal investigated, and met with parents and staff members and concluded there was not sufficient information for action to be taken,'' the Globe reports quoted Johnson, who expects to have the review completed this week.

The teacher's aide, LaShawn Hill, subsequently transferred to Harbor Pilot Middle School, where he now stands accused of inappropriate conduct with a second student, who is autistic and unable to speak.

Johnson cautioned against hasty judgment against the King school principal. "I know the school leader cares about children and their well-being,'' she said. "We want to make sure when we speak about this we are accurate.''

In the allegations that surfaced Monday at the Harbor School, Johnson emphasized that the School Department took swift action, filing reports with both the police and the state. A spokeswoman for the state Department of Children and Families confirmed that it received a report about the Harbor incident and is investigating.

Hill's involvement with children extends beyond his job in the Boston schools, where he makes roughly $23,000 a year. A state-licensed family day-care center, Because the lil' Ones Count Too, operates out of his Dorchester home, according to the state Department of Early Education and Care.

In response to the allegations against Hill, the department, which licenses day-care programs, said it was opening an investigation into the center.

Hill, 33, who has been placed on administrative leave from the Harbor School and is facing termination, is expected to appear in court today after police issued a summons on a charge of lewd and lascivious conduct. Yesterday, he pleaded not guilty to five counts of larceny, accused of stealing laptop computers from the Harbor School.

The Boston Globe reported today that a plea deal to resolve sexual abuse charges stemming from the alleged molestations of three former students of Brookline's Maimonides School collapsed at the last minute when Rabbi Stanley Z. Levitt decided that he would not plead guilty to the charges and would instead take his case to a jury.

With Levitt's alleged victims prepared to read victim impact statements concerning allegations dating to the mid-1970s, Levitt's attorney declared that although an agreement for a guilty plea had been reached, Levitt had changed his mind, the Globe reported.

The turnabout prompted harsh criticism of Levitt and his attorney, Scott Curtis, from Suffolk Superior Court Judge Carol S. Ball, who pointed out that two of the alleged victims had traveled a considerable distance to Boston in anticipation of witnessing an admission of guilt by Levitt. "I would have hoped you or your client would have had the courtesy to let these people know before traveling to Boston,'' Ball said, speaking to Curtis. "It's like adding insult to injury.''

At another point during the hearing, Ball added that it was "the height of discourtesy'' for Curtis not to inform prosecutors of Levitt's change of heart in time to allow the alleged victims and family members to change their travel plans.

Levitt, asked outside the courtroom if he had been discourteous to his alleged victims with his last-minute change of heart, said, "The only victim here is me.''

Michael Brecher, one of the three former sixth-graders who has accused Levitt of abuse, said prosecutors told him that Levitt backed out of the plea agreement at the last minute after refusing to admit his guilt in open court.

"He couldn't do what I have wanted him to do all along, which is to take responsibility for his actions,'' Brecher said.

With a trial date set for May 14, Curtis said Levitt's defense will be based on the fact that the allegations lodged against him are more than 35 years old.

Continue reading "Accused Brookline rabbi backs off plea deal, seeks jury trial" »

Boston University leading hockey scorer Corey Trivino, who was drafted by the New York Islanders in 2008, was arrested Sunday night and faces multiple charges stemming from an incident with a female student, the student newspaper BU Today reported Tuesday.

Men's hockey coach Jack Parker dismissed Trivino, a senior forward, from the team.

"He is no longer associated with the BU hockey team," Parker said, according to the newspaper.

Trivino was charged with three counts of indecent assault and battery, two counts of breaking and entering in the nighttime and one count of assault with attempt to rape for allegedly entering a woman's room and attempting to kiss and fondle her against her will.

Trivino, from Toronto, was arraigned Monday and pleaded not guilty. He either could pay $25,000 bail or surrender his Canadian passport, the newspaper reported. He was ordered to leave his BU dormitory.

Dean of students Kenneth Elmore told BU Today that Trivino can attend classes until he is suspended or expelled.

"We appreciate that the judge in this case takes the matter seriously," Elmore said, according to the newspaper. "He used his process and we will use ours as fast and as thoughtfully as we can to carefully listen to all the charges and make sure that no one is harmed."

Suffolk County Assistant District Attorney Cameron Merrill told the court that witnesses claim that an intoxicated Trivino pushed his way into the woman's room and started kissing and fondling her against her will.

The woman told him to leave and he did, according to the newspaper. She then called BU police, who arrived a short time later and put Trivino under arrest.

Trivino leads Hockey East with 13 goals this season and is tied for eighth with 17 points.

Boston.com reports that a man wanted in Haverhill on a warrant accusing him of child rape has been arrested in New York City.

State police said 29-year-old Jose Alberto Gonzalez-Bonilla, also known as Jose B. Gonzalez, was traced to an address in Queens where New York City police found him hiding in a closet early Monday morning.

Haverhill police said he is accused of repeatedly raping an 11-year-old girl beginning in 2009.
State police said the Essex, Mass., district attorney's office will coordinate his return with New York authorities.

A former Boston Red Sox clubhouse manager, Donald Fitzpatrick, now deceased, is again the subject of Massachusetts sex crimes allegations, this time involving two former Boston Red Sox clubhouse attendants, who claim they were sexually assaulted by him in the early 1990's.

One of the victims alleges he was sexually assaulted in 1991 in the Boston Red Sox clubhouse restroom; the other victim alleges he was assaulted by Fitzpatrick when he was employed by the team as a clubhouse attendant.

Although Fitzpatrick passed away in 2005, the victims are still seeking compensation from the Boston Red Sox organization because he was employed by the team and the alleged assaults occurred on the team's property.

It has also been reported that 8 former clubhouse attendants had previously accused Fitzpatrick of sexual abuse. The Red Sox settled a lawsuit in 2003 with 7 men who alleged that they were molested during spring training sessions in the 1970's. In that case, the Boston Red Sox settled for $3.15 million. Additionally, in 2002, Fitzpatrick reportedly pled guilty to Sex Crimes Charges.

A Pittsfield man has been arraigned in Berkshire Superior Court on sexual assault charges. 20 year old WILLIAM J. DANIELS, JR. (771 Tyler Street) appeared before Judge Daniel Ford.

DANIELS had not guilty pleas entered on his behalf on two (2) counts of RAPE and one (1) count of INDECENT ASSAULT AND BATTERY ON A PERSON OVER THE AGE OF 14. Judge Ford released him on personal recognizance on the condition DANIELS have no contact with the alleged victim.

The incidents are alleged to have occurred in Pittsfield between January 2, 2011 and April 1, 2011. The alleged victim is a 17 year old woman.

The investigation was conducted by members of the Pittsfield Police Department.

A climbing coach at Earth Treks in Columbia, Maryland has pleaded guilty to having sexual contact with a 14-year-old girl, and another instructor at the facility is expected to enter a plea next week in a similar case.

Michael J. Lyons, a 31-year-old from Rockville who was the head coach of Earth Treks' competitive climbing team, pleaded guilty Wednesday, Nov. 30, in Howard County Circuit Court to one count of sexual abuse of a minor, as reported by the Baltimore Sun. The charge comes because he had temporary care, responsibility or supervision over the girl due to his role as her coach.

Prosecutors recommended Lyons be sentenced to 15 years in prison with all but eight years of that sentence suspended. Upon his release, he would be on probation for five years, could not have any contact with the victim, would have to register as a sex offender and would not be allowed to have any unsupervised contact with minors.

Meanwhile, Daniel Lloyd Montague, a 20-year-old from Fulton who was also a climbing coach at Earth Treks, has entered a plea agreement and is expected to appear in court on Dec. 6.

Lyons and Montague had gone through criminal background checks before being hired at the Earth Treks climbing gyms, according to owner Chris Warner. But within a two-week period this summer, each was arrested for allegedly having sexual contact with a girl on the company's competitive climbing team.

The victim in both cases is the same girl, who has since turned 15, according to court documents. The Columbia Flier does not identify victims of sex crimes.

Lyons was arrested in June at the company's Timonium location. He had also been charged with three counts of third-degree sex offenses and one count of sexual solicitation of a minor. He is being held at the Howard County Detention Center in Jessup.

Lyons was accused of having sexual contact between April and June 2011 with the girl, including having sexual intercourse with her in a closet at the Columbia gym during a team sleepover. Prosecutors said Wednesday he also had intercourse with the girl on a team trip to Massachusetts. Lyons admitted to having sex with her when police had the girl call him and say she was pregnant, even though she was not, according to prosecutors.

Lyons, who was also a coach for the U.S. national climbing team, had trained other coaches on proper relationships between coaches and athletes, Warner said.

Montague was arrested in July. He is facing four counts of committing an unnatural or perverted practice and four counts of fourth-degree sex offenses. He is out on bail.

Sexual assault charges have been leveled against the New Jersey man accused of repeatedly raping a missing Massachusetts girl who was found at his home in November.

Jorge Luis Garzon, 45, of Jersey City was charged with aggravated sexual assault, child endangerment and child abuse according to Hudson County Prosecutor Edward DeFazio, as quoted by NJ.com.

Garzon, a divorced father of two, was arrested after Jersey City police and the New York City Police Department's Missing Persons Squad arrived at parent's his Winfield Avenue home to look for the missing 13-year-old girl, according to The Jersey Journal.

The girl had been missing from Wayland, Mass. since Nov. 4, when she apparently boarded a Peter Pan bus in Boston. She was last seen on New York Port Authority security tape getting off the bus in New York City around 11 p.m. that night.
Her family said they believed she ran away due to boredom with life in the small town of just over 12,000 residents about 20 miles west of Boston.

The missing girl met Garzon over the Internet, according to a NJ.com source close to the investigation who was not authorized to discuss the case.

The investigation, headed by Sgt. Jamie Berger and Det. Ruth Backman of the Wayland Police Department, led the duo to travel to New York City after receiving a tip that the girl may have ran away to Brooklyn since her father once lived there.

According to published reports, the Hudson County Prosecutor's Office has not provided any details about how long the girl was in New Jersey or what led police to Garzon's home.

A Superior Court judge has denied a request for lower bail by a University of Utah professor who allegedly watched child pornography on his laptop on a flight to Boston last weekend, according to the Boston Globe.

Grant D. Smith, 47, of Cottonwood Heights was arrested last Saturday at Logan International Airport after a fellow passenger on the flight from Salt Lake City allegedly spotted what he was viewing. Smith was arraigned in East Boston District Court on Monday.

Smith's attorney asked Judge Carol Ball to reduce his $75,000 cash bail under a statute that allows a defendant in district court to petition a superior court judge for bail reduction.

Ball denied Smith's petition without prejudice, meaning he can seek review at a later date.

"Based on the facts of the case, additional charges are probable and in fact quite likely," said Assistant Suffolk District Attorney David Deakin.

Deakin added Smith's bail was necessary to ensure his appearance at future court dates.

"He has no ties to the Commonwealth," he said. "His ties to Utah appear to be weakening by the day ... It appears he has as many ties to Korea and Malaysia as he does to Massachusetts."

Smith told officers he traded images of teens online. Police recovered from his computer images of children as young as 5 years old in sexual contact with men, prosecutors said.

Smith was arrested for possession of child pornography, which is punishable by up to five years in state prison. A person convicted of that offense must also register as a sex offender.

Smith is scheduled to return to court on Dec. 27.

Accused child molester Ernest Lorch, the founder of the prestigious Riverside Church (NY) basketball program, is not competent to be extradited to Massachusetts to stand trial for sexual abuse, a Westchester judge ruled in White Plains, as reported by the Daily News.

State Supreme Court Judge Albert Lorenzo made the ruling after prosecutor Carrie Russell of Massachusetts' Northwestern District Attorney's office said at an extradition hearing that she would not contest three experts' claims that Lorch suffers from dementia.

But Lorch is not off the hook in Massachusetts just yet. Lorenzo said he could review the case in three months. Northwestern District Attorney David Sullivan said his office will review the case to determine if it should continue its efforts to bring Lorch to Massachusetts to stand trial.

"We want to look at the case and make sure his condition is permanent," Sullivan told the Daily News. "It is disheartening for an individual that we wanted to bring to justice to slip through the justice system because of his condition. We will make a decision in the next month."

Lorch, 79, was indicted by a western Massachusetts grand jury in October 2010 on attempted rape and indecent assault and battery of a person over 14 years old.

The indictment said Lorch assaulted the alleged victim sometime between March 1977 and April 1978 during a trip to Amherst for a basketball tournament. The indecent assault and battery charge was later dropped because it was not on the books until after the attack allegedly occurred.

Mitchell Garabedian, the victim's Boston attorney, said his client is "disappointed" that Lorch may not be prosecuted because of his failing health.

"He wanted the truth to come to light," Garabedian told the Daily News. "My client should be proud for coming forward and reporting sex abuse. By doing so, he made the world a safer place."

Garabedian said he is trying to determine if the ruling will permit him to proceed with a civil suit against Lorch and Riverside Church.

Following the scandal engulfing Penn State University, one Massachusetts lawmaker says he wants to widen laws governing who must report alleged sexual misconduct toward children.

Rep. Kevin Kuros, a Republican from Uxbridge, said he plans to introduce a measure to require state employees who witness or have knowledge of instances of sexual abuse to report it to law enforcement agencies, as reported by WCVB.

Kuros, a Penn State alumnus, was spurred to action by the alleged sexual abuse of eight young boys by former assistant football coach Jerry Sandusky. He says current Massachusetts law is similar to Pennsylvania law in that many categories of state employees are not mandated to report abuse under the mandated reporter laws.

According to published grand jury testimony, former head football coach Joe Paterno and ousted university President Graham Spanier both knew of the alleged abuse, but did not report it to police. Both men were relieved of their duties by Penn State's board of trustees after a meeting last Wednesday night.

Massachusetts law presently classifies mandatory reporters as including doctors, dentists, medical professionals, police officers, firefighters, social workers, teachers, those whose jobs require them to work with children, and members of clergy.

Read more: http://www.thebostonchannel.com/news/29734841/detail.html#ixzz1dzUZuneG