Articles Posted in Crimes Against Children

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By John Jensen, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

Education%20Day%20Care%20Building%20Block%20G.jpgIn Kannapolis, North Carolina, it was reported that a day care worker was caught on video surveillance tape at the day care center mistreating children under her care. Police have charged the woman (Whitney Belk) with five counts of criminal assault for her actions. The day care center, Kids Korner Child Development Center, had video surveillance in place. The administrator (Danielle Mauldin) of the North Carolina child care center viewed videotape and then terminated Ms. Belk as an employee. The use of video surveillance can be used as evidence in criminal case. More day care centers should consider installing and utilizing videotape surveillance as a safety precaution and measure for children. Videotape surveillance can answer questions and settle disputes when there is a question as to how a child was injured or how a child was handled or treated by a teacher, assistant, and / or other staff member at the day care center. Unfortunately, staff members and employees at day care centers in North Carolina and other States continue to abuse and neglect children at a location that should be a safe haven for children. See North Carolina Care Worker Accused of Assaulting Children.

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By Ryan E. Alekman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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A former basketball coach for Christ the King men’s basketball team recently admitted to molestation allegations dating back to the summer of 1976. Former Coach Bob Olivia will receive five years probation for abusing his then 14-year-old player, James Carlino. Olivia must also register as a sex offender, wear a GPS device, and is not allowed to coach or have contact with a child under 16. Carlino, now 49-years-old, claims he was molested by Olivia on trip to watch the Yankees play the Red Sox and then at least 100 times after that. Carlino also claimed the sexual abuse occurred over a 4-year period when he played youth basketball at St. Teresa of Avila Parish and St. Mary Gate of Heaven Parish, both located in Queens, New York. Carlino was between the ages of 12 and 16 when the sexual abuse occurred and Olivia was his coach. Carlino filed a $20 million dollar lawsuit in Massachusetts, because state law dismisses the statute of limitations if a defendant is from out of state. Two other men have since come forward alleging similar allegations. For more read Former youth basketball coach pleads guilty to sexually abusing his former players.

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By Scott A. Marks, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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A San Diego, California, daycare operator and foster care mother was recently sentenced to 14 years imprisonment in connection with the death of her nearly 2-year-old foster son. 51-year-old Linda Faye Coleman, who originally faced a murder charge, pleaded guilty to felony child abuse for the June 27, 2007 death of Malachi Roberts-McBride. Although Coleman received a vast amount of support from family and friends, the physical evidence weighed against her. According to prosecutors, Malachi suffered from brain-swelling, was covered in bruises and had bumps on his head when he was taken to Rady Children’s Hospital. Authorities determine the cause of death was not accidental and instead was the result of blunt force trauma. A previous hearing, an attorney for Coleman declared she had run a licensed daycare center for 15 years before Malachi died and had been a foster mother for 10 years. For more read California daycare operator and foster mother pleads guilty to felony child abuse charge, sentenced to 14 years imprisonment.

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By Robert Chaiken, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

scales%20of%20justice.jpgA recent court ruling may make it easier for victims of child pornography to receive restitution from those convicted of possessing child pornographic images. The 5th U.S. Circuit Court of Appeals ruled that federal restitution law generally does not require victims to detail how an individual defendant harmed them in order to get compensation, a ruling different from previous court holdings. However, legal experts are saying that the issue will probably end up having to be answered by the U.S. Supreme Court because of the disagreement among courts. In the Texas case, a woman sought compensation from an East Texas man who was previously convicted of possession images of child pornography. If you would like to read more see Federal Appellate Court ruling may make it easier for victims of child pornography to receive restitution.

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

cyber%20crime.jpgDue to the high-profile cases of Jessica Lunsford, Carlie Brucia and Sarah Lunde, the Florida Legislature expanded the Jacksonville-based Child Predator CyberCrime Unit 10-fold, which included adding a wide array of detectives, prosecutors and victim advocates. The unit had five offices statewide and made hundreds of arrests. The unit became so noteworthy that its director made an appearance on “Oprah,” and was held out as a model for cracking down on sexual predators who use the Internet in their abusive acts. Although the unit appears to be one of the state’s valuable resources, it was not prevented from falling victim to Gov. Rick Scott’s vigorous budget cuts. The program’s staff was dramatically decreased from a 34-person staff to just 15 and were moved to the Florida Department of Law Enforcement. The proposed plan is to keep only 6 out of the 15 investigators statewide. Critics of the cutbacks are concerned that the FDLE will not have the resources to implement the labor-intensive online investigations the unit’s staff is use to conducting. For more details and criticisms read Gov. Rick Scott cuts back Florida CyberCrime Unit.

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By Scott A. Marks, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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In California and other States, some people just think that clowns are creepy. Of course, there are a great many of people who think clowns are great and a source of wonderful entertainment and fun for children of all ages. Unfortunately, there are some clowns who break the law and give the profession of clowning a bad name. Many people use a position of trust or access to children to harm them. In Newport, California, it was recently reported that a party clown who worked under the name of “Tin Larin” was arrested in connection with an alleged rape of a 12 year old girl in 2002. DNA evidence was collected and catalogued after the incident. The clown at issue – Jose Guadalupe Jimenez – was subject to another investigation in which his DNA was collected. Mr. Jimenez is accused of kidnapping the girl and taking her to a school parking lot where he allegedly raped her. He then reportedly took the same girl to a motel where he molested the victim again. The girl was able to escape and later reported to authorities that she was attacked by a Hispanic male who was wearing clown make up and a mask. The science of DNA was the key to the puzzle of this unsolved crime of so many years ago. Jimenez probably thought that he got away with this crime and continued to work as a clown fro the past 9 years. See Clown Arrested in 2002 Rape in Newport, California.

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By Mark Freedman, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

handcuffs.jpgA man from Grand Rapids, Michigan has been sentenced for sexually assaulting a child in his home, where police say his wife ran as an unlicensed day care. Leroy George was sentenced to 12 months in Kent County Jail, five years probation, and six months of home confinement after he serves his jail sentence and will have to register as a sex offender. George pleaded no contest to one count of second-degree criminal sexual conduct. The two other counts of the same charge were ultimately dismissed. The alleged victim is younger than 13-years-old. The child victim informed her parents about the incident, which is how police were involved and ultimately led to George’s July 2010 arrest. Investigators believe that the Georges ran the residential, unlicensed day care for at least three years. For more read Michigan man sentenced after pleading no-contest to 2nd-degree criminal sexual conduct in wife’s unlicensed, day care.

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By Robert Chaiken, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

State%20Map%20Texas.jpgThe operator of a Houston, Texas residential day care who was recently charted with reckless injury to a child has fled to Nigeria. Texas authorities have asked the U.S. Marshal’s Office to intervene in an attempt to have Jessica Tata extradited back to Houston. Tata was charged after a kitchen fire broke out in her day care. Tata was not at the home when the fire occurred, leaving seven children unattended while she allegedly went grocery shopping. 22-year-old Jessica Tata, was the only adult supervising the 7 children the day of the incident. According to Texas’ child care rules, Tata should not have been caring for more than 6 children older than 18-months. She was charged in connection with the death of 3-year-old Shomari Dickerson. If convicted Tata could face up to 20 years in prison, it is still unclear if she could face additional charges. For more details on the fire please read Kitchen Fire in Houston Texas Day Care Center Leads to Deaths of Three Children.

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By David Wolf, Attorney
Published by Child Injury Lawyer Network

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Sara Beth Whited, 48, owner of a residential child care center in Casper, Wyoming, has been charged with one count of child endangerment for an incident that occurred in October 2010. Whited was charged for her alleged role in the death of 3-month-old Tyler Parker. Nicole Parker, the infant’s mother, found Tyler unresponsive inside a bedroom at Sara’s Child Care, Whited’s day care facility operated out of her Vista Way home. Parker told investigators she found her son around 3:30 p.m., he was “cold to the though” and his face appeared “bluish and purplish.” Parker tried to perform CPR on her son, but her attempts failed because his jaw was “locked shut,” according to an affidavit from the case. The affidavit also states that Tyler was found “swaddled in a blanket” with “his arms tightly pulled down to his body.” An autopsy revealed the cause of death to be “asphyxia by bedding due to the fact of the infant being swaddled and placed on a soft foam bedding.” According to the rules and regulations governing day care providers, infants must be placed on their backs for sleeping unless a licensed physician says otherwise and provides a waiver. No waiver exists in the instant case. There is some debate about the frequency Tyler was checked on after he was put down to sleep. In an interview with detectives, Whited stated she had checked on the child numerous times, usually about every 10-20 minutes. However, authorities say the facts do not support this claim. The affidavit states the child must have been dead for a considerable period of time before her was discovered. Upon being discovered, the unresponsive Tyler was taken to Wyoming Medical Center where he was pronounced dead. If convicted, Whited could face up to a maximum of on year imprisonment. Whited is represented by an attorney and will be presumed innocent until proven guilty. For more please see Casper, Wyoming day care owner charged after child dies from asphyxiation in her care.

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By Ryan E. Alekman, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

State%20Map%20Massachusetts.jpgA 4-year-old boy from New Bedford, Massachusetts was beaten so badly that the mere sight of the child brought tears to a hospital nurse. Police have arrested and charged the the mother’s boyfriend for the horrific beating of the child. 31-year-old Elvis Garcia has been charged with assault and battery with a dangerous weapon. Officials stated the little boy’s body was covered in bruises and cuts and had dried blood in his ear. Detective Alberto B. Silva described the crime committed against the victim to the New Bedford Times as “heinous.” 33-year-old Sandra Augusto, the child’s mother, was also arrested and charged with substantial injury to a child and and reckless endangerment to a child under 18; she is accused of allowing the abuse to happen. For more see 4-year-old New Bedford boy sustains “heinous” beating, mother and boyfriend arrested.

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