Posts Tagged molestation

Director Schaffner Wants Sex Abuse Victims To Hide!

By Attorney David Engler

This week I stood in the parking lot of Trumbull County Children Services with two brave young women. We were very close to the spot where they were sexually molested as 12 and 13 year olds. It took so much courage for them to get in the car with me and drive to a group of awaiting cameras including their old caseworker who stood outside during his work day filming the young women. The two recounted how they were preyed upon by a Youth Leader woman that was hired to protect them while at children services. This Dorm Mother actually would take overtime so she could sleep with one of the three girls during the night.

There were three girls age 12, 12 and 13 when the sexual abuse first started.

Image credit: 123RF Stock Photo
They each were left into the care of the Government because their own homes were broken, parents were addicts or a father was a molester.  Each of their lives had not been easy but they have overcome extreme cruelty to become good mothers, daughters, friends and employees.  Each of the three have given me more inspiration then what I could possibly gain from representing them.

The cruelest comment, after we announced a lawsuit against CSB for employing a pedophile, came from the Director Tim Schaffner.  His response to finding out that three preteens  were sexually abused by an employee was shocking. He said he was appalled that Attorney Engler would expose these girls. I have encountered many tone-deaf Government types in my 26 years of practice but this is the worse. Instead of expressing outrage that the abuse happened, or expressing concern for the girls, or being troubled… he was appalled that the girls would dare show their sweet faces This guy is running an agency that is supposed to protect children. These girls are heroes for giving a face to childhood sexual abuse. If you’re a victim you do not have to hide in a closet. The shame is not the victims but the pedophile and the agency that employed her and did nothing to stop her and protect young girls who could not have been more vulnerable.

Since I have first stepped up to take on the agency that permitted a known pedophile to rape a baby at its own office, I have been swamped with the calls of victims or parents or grandparents who are suffering at the indifferent hands of Trumbull CSB and others throughout the State. Others have joined the fight with the notable exception of no elected officials or judges who place kids into CSB. I cannot figure out how many murdered or abused children it takes before someone in power cares to act.  I suppose this is the same sort of thing that happened at Penn State. 

As an attorney we are taught to stay dispassionate from our clients in the course of litigation. I am shaking with anger. My clients are each beautiful, intelligent, caring young African-American women. They needed good foster parents to have taken them out the CSB hell they were placed into. But the reality is people want babies not young teens. I told each of these girls that I would have been proud to have been their father. I am not sure I could be a foster parent now but wish I had known these girls when they were 12.  There are other children out there.  They are victims of all sorts of terrible things. It is so sad that they had to be insulted and victimized one more time by a Director who believes victims of abuse should hide their faces. Shame on you Director Schaffner.

Attorney David Engler

Phone: 330-729-9777

http://www.DavidEngler.com Attorney Engler’s website

Areas of Practice: Family Law, Elder Law, Domestic Relations, Bankruptcy, Criminal

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Failure of Children Service Agencies is Epidemic

By Attorney David Engler

Private placement agencies if not monitored well by Children Service Boards can end in tragedy. In Trumbull County, Ohio there have been at least 5 murders of children who were either directly through foster placement or indirectly through custody orders placed with the abuser.

In Fairfield County, Ohio a 5 year old boy was made to stand out in the rain and cold as a punishment. The boy was taken by ambulance to ER after going into cardiac arrest. He has permanent neurological damage.  A private agency working under the County made the placement.  The agency did not inquire as to why the foster parents had been denied a license in Hamilton County, Ohio.

The failure of Children Protective Service agencies is an epidemic.

The New York Times reported earlier this year reported about the wide spread abuse in the City. I am quoting it in its near entirety.

The New York Times –

“Lawyers for 10 disabled children who were fraudulently adopted by a Queens woman more than 15 years ago and subjected to years of abuse have proposed a $68 million settlement in a civil rights lawsuit filed on their clients’ behalf, according to a confidential court filing.”

Matthew Ratajczak/Scripps Treasure Coast Newspapers,

“The proposal comes as a federal magistrate judge in Brooklyn appears to be trying to mediate a settlement to the suit, filed in 2009, which seeks damages from New York City and three contract adoption agencies that placed the children with the woman, Judith Leekin.

Serial Abuser for Foster Money

The case has been seen as one of the most disturbing child welfare fraud cases in the city in recent years. Ms. Leekin used four aliases to adopt the children, who had physical or developmental disabilities, including autism and retardation, and later moved them to Florida. The children were caged, restrained with plastic ties and handcuffs, beaten with sticks and hangers, and kept out of school, according to court papers. An 11th child disappeared while in Ms. Leekin’s care and is presumed dead.

The suit asks that the 10 plaintiffs, now mostly in their 20s, be compensated for their years of suffering as well as for the services and treatment they will need for the rest of their lives.

The letter was filed publicly in October, but was quickly sealed after the lawyer wrote that it “referred to confidential discussions between the parties.” The New York Times obtained the letter while it was publicly available.

Ms. Leekin, 66, was imprisoned after she was convicted of fraud in federal court in Manhattan and of abuse in a state court in Florida. Federal prosecutors have said that as part of her scheme, she collected $1.68 million in subsidies from the city that went to support a lavish lifestyle.

When the 10 children were removed from her care in 2007, none had completed elementary school; only three could read and only at a third-grade level; and about half were declared either “totally incapacitated” or “vulnerable adults,” according to a report by a former Columbia University social work professor retained by the plaintiffs to examine the cases.

The 10 have since lived in Florida in state programs or on their own, and at least one is homeless, according to court filings.

New York City and the three private agencies have denied liability in the case, claiming that Ms. Leekin was a sophisticated serial criminal whose scheme fooled various professionals and, given the capabilities and practices of the time, would not have been foreseen or detected.

The agencies are HeartShare Human Services of New York, SCO Family of Services and the now-closed St. Joseph Services for Children and Families.

The agencies’ lawyer, Robert S. Delmond, did not respond to messages seeking a comment on Thursday. Lawyers for the city and the plaintiffs declined to comment, citing the pending litigation.

In the now-sealed letter to Judge Go, Mr. Delmond described the $68 million demand as “a significant sum, which requires much consideration, thought, planning and involvement of corporate officers before they can reach a decision.” The agencies’ insurance carrier was reviewing the matter, he noted, and was “not prepared to make a settlement offer at this time.”

He requested more time to allow for further consultations with the insurer and meetings to discuss “possible settlement offers.”

It is unclear how the city and the private agencies might apportion any payout if a settlement is reached.

Jonathan S. Abady, a lawyer whose firm, Emery Celli Brinckerhoff & Abady, has handled suits against the city and private agencies in cases involving abused and neglected children, said “there does appear to be a uniform indemnification provision” in the contracts the city has with such agencies.

“But the city has the ultimate legal responsibility for the child,” said Mr. Abady, whose firm is not involved in the Leekin suit.

In August, Theodore Babbitt, a lawyer for the plaintiffs, asked Judge Go to move the case forward because of the “fragile, unstable and precarious” condition of the plaintiffs. “They are desperate for care that cannot be provided through the Florida state system,” he wrote.

He cited three of the male plaintiffs, who ranged in age from 19 to 24: one had been on a round-the-clock suicide watch after multiple attempts to take his own life. Another had fathered children out of wedlock and was homeless. A third had been arrested for domestic violence against his older brother. “He is angry and depressed and bottles it up inside until he violently explodes,” Mr. Babbitt wrote.”

ifference towards the sexual abuse of children by men in leadership positions does not seem to be isolated only in Happy Valley.

Attorney David Engler

Phone: 330-729-9777 http://www.DavidEngler.com Attorney Engler’s website Areas of Practice: Family Law, Elder Law, Domestic Relations, Bankruptcy, Criminal

Also published on Family Fault Lines Blog http://familyfaultlines.com/

Also published on eGuardianship Blog https://eguardianship.wordpress.com/

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No Shock, Sandusky Convicted, Are Your Kids Safe?

By Attorney David Engler

“I would be totally shocked by an acquittal”, said Joseph Amendola, the lawyer for the alleged serial pedophile Penn State coach Jerry Sandusky.

Those are not the words you want to see come out of your defense attorney’s mouth as a jury deliberates whether you should go to jail for the rest of your sorry life for being this nation’s most infamous pedophile. Right after the defense lawyer was done speaking, the Judge summoned the lawyers back into chambers probably to remind them all there was a gag order. A gag order can be adopted by a court particularly when it is a case heard by a jury.  By the way, the victim’s testimony on the stand would have caused any person to gag.  And as the jury was starting to select the foreperson, Jerry Sandusky’s 33 year old ADOPTED son said he was molested as well. Oh yeah, another young man who didn’t testify and was not seeking civil damages said he was molested over 100 times by the man who lured boys into his sick clutches by bestowing gifts and running a charity for troubled children, most without a father figure.

Perhaps the lawyer was stating the obvious or maybe he was setting his client up for an ineffective assistance of counsel claim since he also sat by Sandusky on national television as he stumbled over the question of do young boys sexually attract him.

But what is most striking about the case is that it is hard to spot a pervert.  This was a football coach working for Joe Paterno.  He was the dean of Linebacker U.  He ran a charity to help kids, he fostered children and even adopted them.

In a recent case, I represent a mother trying to annul an adoption by a stepparent because she learned the husband/father was not who she thought him to be. And her concerns about sexual abuse where met with the same type of responses so many women get who raise the issue. They are perceived as playing the “abuse card”.  The timing of their complaints is called into question. The shocking truth is that most of the complaints are true but difficult to prove.  Guardian ad litem appointed to see to the welfare of the children, become themselves manipulated by the abuser.  The GALs are poorly trained to understand the complexities of abuse allegations and unfamiliar with the body of scholarly research that suggests most of these complaints should be taken seriously.

In Trumbull County, Ohio the case worker displayed the amazing lack of understanding that an assessment done before a stepparent adoption should not be taken any less lightly than any other non-relative adoption.  The case worker actually said the mother should have known these things about the man she married.  The caseworker was unfamiliar with the notion that a pedophile will groom the mother and the victim. And this is the case worker who does the assessments before an adoption takes place in Trumbull County. If the public knew how little the assessor understood the importance of her job, they would be outraged and frightened for the children. 

If the Jerry Sandusky case has brought any good it might be an increased awareness that pedophiles adopt, pedophiles want to be foster parents and pedophiles work on keeping themselves cloaked and their victims silenced.  Please understand that there is nothing these victims could receive that could replace what was stolen from them.  Jerry Sandusky in jail forever would simply be a small part of justice. 

Attorney David Engler
Phone: 330-729-9777
http://www.DavidEngler.com Attorney Engler’s website
Areas of Practice: Family Law, Elder Law, Domestic Relations, Bankruptcy, Criminal

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How Hard Can You Beat a Man You Find Molesting Your Defenseless 5 Year Old Daughter?

By Attorney David Engler

The family of first generation Mexican immigrants lived in a small town named Shiner, Texas about 130 miles west of Houston.  The land is not easy to farm because the sun is so relentless and the soil rocky. 

But the extended family worked their farm and raised horses and crops enough to keep everyone fed. There was never enough money to buy  the newest  John Deere harvester or spend much money on building new barns. 

When Jesus, 47, who hung around the local hardware shop and the two beer joints at night offered to come shoe the horses for a few bucks, the young 23 year old father of two agreed. 

It was a Saturday in June and the work was going to be capped off with barbecued chicken on the grill.  He had plenty of Mesquite wood lying around to give it a taste like his Dad used to make it. Sunday was going to father’s day.  He would relax only then.

Around 3:30 pm Miguel heard a scream and at the same time a young neighbor boy turned the corner and yelled, a man had taken Angel from the house crying. Miguel could  recall the sprint to the barn from where he heard his daughter scream. Back along a pile of fencing, Jesus was on top of his daughter with his pants at his ankles.  By 4:30 pm the local coroner would pronounce Jesus dead. Miguel had landed the eight blows quickly to the head and neck of his daughter’s attacker. His five year old daughter was sobbing.

After beating Jesus Flores, the father called 911.

“I need an ambulance,” the father told the dispatcher, according to 911 tapes released by police. “This guy was raping my daughter and I beat him up and I don’t know what to do. This guy is fixing to die on me, man, and I don’t know what to do.”

“Come on! This guy is going to die on me!” he continued during the frantic, five-minute call. “I don’t know what to do!”

Emergency workers, as well as the daughter’s grandfather and aunt, tried to revive Flores but could not. Lavaca County Sheriff Micah Harmon said he found the distraught father crying, saying that he had not intended to kill Flores.

“He’s a peaceable soul, ” V’Anne Huser, the father’s attorney, said. “He had no intention to kill anybody that day.”

The local sheriff ruled it a homicide, because that is what it was.  In the low hills of Texas people talked straight. Within a day the local prosecutor presented the case to a grand jury that just as plainly said, Miguel was justified.

Being justified.  It is the doing of an act that no reasonable person would say should not have been done.  No one really needs a law book to read the defense laid out in Texas law that deadly force to stop a sexual attack is justifiable. Of course it is.  If Miguel’s wife had turned the same corner and seen this drifter raping her girl and her husband landing blow after blow; she would not have stopped it.  There is not a place in my mind where I can say he should not have delivered such a sure and swift justice.  The beauty of this story is the remorse shown by Miguel. No one would have ever blamed him yet he said he did not mean to kill. 

The father’s protection of his children knows no bounds.  For Miguel there will be nightmares.  But he shall forever be justified.

Attorney David Engler
Phone: 330-729-9777
http://www.DavidEngler.com Attorney Engler’s website
Areas of Practice: Family Law, Elder Law, Domestic Relations, Bankruptcy, Criminal

Also published on Attorney David Engler’s Legal Blog http://davidengler.wordpress.com//

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Can A Social Service Agency Be Saved? – Trumbull County CSB, Again.

By Attorney David Engler

The former Director of Trumbull County Children Services resigned yesterday and was replaced by Timothy Schaffner, current director of Valley Services, which is a local social service provider with long standing contacts and contracts with CSB. This is not just a local story but one of how a dysfunctional organization can cure itself.

Government workers

I wish him well in the new job and hope that his initial comments of having many friends at the agency and an appreciation for their commitment to protecting children and families does not preclude leadership that requires culture change. The death roll of children who have had direct CSB involvement over the last 9 years should be cause for institutional soul searching, not “way to go Brownie” comments.

A change of director is not enough. The problems are not going to be solved with a simple “we will fix what the State says is wrong” and be done with this ugliness. There is a wide felt sense in the Trumbull County population that CSB serves the agency is one that cannot be trusted.

Already the new director has parroted the Board’s and old Director’s misplaced belief that my actions are those of a lawyer seeking a quick dollar and publicity at CSB’s expense. That attitude will spawn additional mistakes and then litigation and lead to the proverbial fix of putting lipstick on a pig. The lipstick will be happy billboards and sugar coated statements that we protect children and-by-the-way-trust-us.

Like I said earlier, I hope Director Schaffner makes a difference. I offer my help. CSB will eventually crumble if changes are not made to the organization. CSB needs to share in accepting responsibility for the boy that died from cancer where his parents never took him for care, or the toddler that was molested in the agency or processing home studies based on fiction or allowing children to be murdered by a person they approved as a caregiver.

Director Schaffner would be the rare government bureaucrat who understood that it is healthy in any relationship to accept blame, seek forgiveness and then redeem. The relationship is with the people truly served by CSB. They are largely poor, minority, drug dependent, uneducated and abuse victims themselves. Show respect to these citizens and you will get it back in return. Do not settle for just correcting what the State says you failed to do. Seek to be a leader and adopt the model of service deliveries being pioneered across the country. And for sure: stop blaming the victims (your clients). If a child is injured, abused, neglected, murdered or dependent it is our fault. Change the culture. Please.

Attorney David Engler
Phone: 330-729-9777
http://www.DavidEngler.com Attorney Engler’s website
Areas of Practice: Family Law, Elder Law, Domestic Relations, Bankruptcy, Criminal

Also published on Attorney David Engler’s Legal Blog http://davidengler.wordpress.com//

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What Happens When a 15 Year Old Girl Accuses 22 Year Old Boy of Rape

By Attorney David Engler

Young Man in Trouble

What Happens When a 15 Year Old Girl Accuses 22 Year Old Boy of Rape

It is easier to draft this blog after the jury has come back from 70 minutes of deliberations. In 26 years of practicing law the pressure point of a judge getting ready to say “guilty” or “not guilty” is easily the most excruciating second of time.

On a Thursday night in October of 2010 two girls, one who was petite and at least 20 and the other who was more developed but with a younger face show up at the house of four 22 year old young men. They are carrying a duffel bag and are staying the night. The one is blowing up the cell phone of her soon to be ex-boyfriend who attends college and is not answering any frantic calls after 2:00 a.m.. I ask her on the stand was she crying that night because she thought her boyfriend was with some other girl. She said “no” she was worried about him. When she came in to take the stand, the only thing missing was a rattle and blanket. My client and one of the other four boys did not recognize her. Her hair was in a pony-tail and she wore a shirt buttoned up to the neck. Her sister came to testify as well that she warned everyone at the house that night that her sister was just 14, ready to turn 15. The sister promptly then changed into a leopard print corset and later had the boys sign their names on her chest like they were a rock band. Even later the sister goes to bed with a housemate and sleeps the night. What turns out to be the younger sister goes into the bedroom of my client and they have sex.
The sister on the stand gets a real foggy memory and does not recall if she had to wash sharpie from her chest the next day.

A few days later the younger sister tells her boy-friend who is no longer the ex-boyfriend that she was raped by the older guy at the party. A month later the news slowly gets to the mother, who calls the police and my client, Matt gets charged with 2 counts of unlawful sexual conduct with a minor. The issue for the jury was whether Matt knew or was reckless in not knowing that the girl was either 14 or 15. In Ohio as in most states the age to consent to sex is 16. Matt thought she was 19 and friended her on Facebook the night of the sex and she posted her age as 19.

The jury was a very bright group based upon their education. I left two police officers on the jury. This caused a minor buzz in the Courthouse, since defense attorneys believe police want everyone arrested. I thought differently. I am not sure if it worked but I knew my client had no idea the girl was nearly 15. Police have an instinct to cut through lies quickly and I believed it was the victim, her sister and Mom who would be fibbing through the trial.

So the words came out of Judge Evans’s mouth: “We the jury find Matt not guilty of Count 1 and 2 of the indictment”. I heard a long sigh come from my client. His life was back. One of the woman on the jury asked Matt if he learned a lesson. He did. I am not sure the young girl learned anything since the day of her testimony she posted on her Twitter account, “I solemnly swear that I am up to no good.”

Matt told me he had not been able to take a breath of air or a bite of food over the last 17 months awaiting this trial without thinking of his fate. This is a tale of caution to our sons and daughters. The Mom thought her little girl was at a sleepover and never bothered to check. The girl started telling a lie all because she was playing college girl, was over her head and wanted the attention of her boyfriend. The jury wasn’t able to see this girls Facebook pictures, tweets and texts that portray a very cunning now 16 year old. She could care less who was going to get hurt. For her it was an interesting story of teen drama. For my client and the rest of us it is a story of the risks of casual hook-ups with someone you just met. Protect your daughters……and sons.

Attorney David Engler
Phone: 330-729-9777
http://www.DavidEngler.com Attorney Engler’s website
Areas of Practice: Family Law, Elder Law, Domestic Relations, Bankruptcy, Criminal

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The (lack of a sincere) Apology

By Attorney David Engler

The CSB worker that I agreed not to prosecute gave me the old no apology, apology. It’s where you tell the offended party that you are sorry if they were so stupid that you took their threatening words as a threat. That since you are so stupid, then I am sorry you took my warning to “stay out of Trumbull ” as something other than a nicety we people use around here. And I am so sorry if you or someone might have been alarmed that I used ugly language that would make my mother’s hair curl to tell you I would attempt to ruin your business…but if you should happen to have such thin skin then I’m sorry.

Try using one of these lines on your wife. Boom to the moon!

(Here is a link to an article that describes the pathology of the faux apology.
http://lightshouse.org/lights-blog/false-apology-fake-apology-fauxpology )

It is this total lack of remorse in their every ill-advised actions that make me pursue this agency, seeking justice for the murdered and abused children. If Trumbull County’s CSB openly recognized their mistakes, and were making a sincere effort to correct them, one could give them the benefit-of-the-doubt. But in fact, they are not sincerely trying to make good, they are simply scrambling to take any actions which will make the spotlight on their operations go away.

Let’s not allow them to do that, for the good of our region and the good of our children let’s keep the spotlight where it belongs, on the children Trumbull County CSB has had in their custody who have been abused and murdered.

Attorney David Engler
Phone: 330-729-9777
http://www.DavidEngler.com Attorney Engler’s website
Areas of Practice: Family Law, Elder Law, Domestic Relations, Bankruptcy, Criminal

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