Boston Sexual Abuse Lawyer Blog

A judge overseeing a lawsuit brought by the family of a California boy molested by his troop leader in 2007 has ordered the Boy Scouts of America to hand over confidential files detailing allegations of sexual abuse by Scout leaders around the nation.

The Associated Press reports on an LA TImes story that the Santa Barbara County Superior Court judge ruled that the Scouts must turn over the last 20 years' worth of records by Feb. 24, with victims' names removed. The files will not be made public.

Known as "ineligible volunteer files," the documents have been maintained since the 1920s and are intended to keep suspected molesters and others accused of misconduct out of Scouting. Scouts officials have resisted releasing them and won't discuss their contents, citing the privacy rights of victims and the fact that many files are based on unproven allegations. Other lawyers in other cases have occasionally succeeded in persuading court to order the Scouts to produce the files. I have personally been involved in litigation against the Scouts where the "ineligible volunteer files" were a contentious issue, and we were able to obtain some Massachusetts-related files from a confidential source.

Scouts officials generally deny that the files have been used to conceal sexual abuse.
"These files exist solely to keep out individuals whose actions are inconsistent with the standards of Scouting, and Scouts are safer because of them," Deron Smith, public relations director of Boy Scouts of America, told the Los Angeles Times.

The Santa Barbara case is considered significant because it seeks to unlock files that have never been turned over by the Scouts, including all since 2005. It also alleges wrongdoing that took place relatively recently, even as the Scouts have stepped up protective efforts.

The trial is scheduled for April, nearly five years after the boy, then 13, was molested by volunteer troop leader Al Stein at a Boy Scouts Christmas tree sale in Goleta. Stein pleaded no contest to felony child endangerment in 2009. He was sentenced to two years in prison but was paroled early and is living in a Salinas motel with other sex offenders, his attorney Steven Balash told the newspaper.

The victim's name has not been released. His mother claims that David Tate, then the Los Padres Council Scout executive, asked her not to call police after she reported her son's claim of abuse.
"He said that wasn't necessary, because the Scouts do their own internal investigation," said the woman, whose name the LA Times withheld to protect her son's identity. "I thought that was really weird... I thought it was really important to call the sheriff right away."

The lawsuit contends the Scouts knew or should have known that Stein had put the boy at risk and cites Tate's reluctance to call police as evidence of an effort to conceal widespread sexual abuse.

Tate, now a top Scouts official in New York, declined to comment to the LA Times.

The boy's lawyers contend the files will expose the Scouts' "culture of hidden sexual abuse" and its failure to warn boys, their parents and others about pedophiles in the ranks of one of the nation's oldest youth organizations. "They have created these ticking time bombs who are walking through society, and nobody knows their identities except the Scouts," said Timothy Hale.

Some of the estimated 5,000 files have surfaced in recent years as a result of lawsuits by former Scouts accusing the organization of failing to exclude known pedophiles, detect abuses and report offenders to police, and allowing predators to remain at large.

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.''

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.