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Thursday, June 07, 2012

Questions For the Gedolim - What’s an ‘ephebophile’?


I Bet You Were A Beautiful Baby!











2 - Do all parties in a conspiracy have to know they are committing a crime?
3- Explain the meaning of "agree" in a conspiracy.
4 - Do all parties in a conspiracy have to know they are committing a crime?
5 - Does a marker board and an easel have to be toiveled before use?

After spending two days inquiring about complex legal terms, jurors at the clergy-sex abuse trial appeared to struggle Wednesday to agree on the meaning of "agree."

That was one of words they asked Common Pleas Court Judge M. Teresa Sarmina to parse for them. The panel also wanted definitions of "pedophile" and "ephebophile." And they asked to see evidence related to 13 accused priests who had been mentioned during the landmark trial.

The requests marked the third time in as many days of deliberations that the panel of seven men and five women sought guidance or evidence in the child endangerment and sex-abuse against Msgr. William J. Lynn and the Rev. James J. Brennan.

They got some answers, but ended the day without signs they were near a verdict.

The lawyers agreed that pedophiles generally refer to adults who are sexually attracted to children and that ephebophiles are drawn to adolescents.

But Alan J. Tauber, one of four lawyers for Lynn, noted that neither side offered an expert during the trial to define the terms. He said it would be wrong to do so now.

"The parties chose how they were going to present the case," he said. "I think (the jurors) have to rely on the evidence."

Assistant District Attorney Patrick Blessington agreed. "The words have both medical and common definitions," he said.

Jurors also asked the judge to explain the meaning of "agree" in a conspiracy. She reread them her jury instruction, which described such a pact as "a common understanding."

Minutes later, they had a follow-up question: Do all parties in a conspiracy have to know they are committing a crime?

No, the judge replied in a written note.

The stream of questions had the defendants, their lawyers, reporters and others parading back and forth to the courtroom throughout the day.

As she walked off the bench after toward the end of the day, Sarmina quipped to the lawyers: "So, I guess I'll see you all at the next question."

That next one became the last one: The jurors asked if they could have a marker board and an easel.

They'll get it when they return Thursday morning, Sarmina said. Then she excused them for the day.

Lynn, the former clergy secretary for the archdiocese, is accused of conspiracy and endangering children by recommending a priest, Edward Avery, for assignments in the 1990s despite alleged signs they might abuse minors. Avery, who has since been defrocked has pleaded guilty to sexually assaulting a 10-year-old altar boy in 1999.

Brennan is accused of trying to rape a 14-year-old boy in 1996, and of endangering other unnamed children when he served as a parish priest in the ensuing years.

SOURCE: (EXCEPT THE LETZONUS)
http://www.philly.com/philly/news/breaking/157529345.html

22 comments:

Gumshoe said...

http://www.thejewishweek.com/features/all_she_wrote/toll_abuse

Does UOJ know who this is? This article is about the molester caterer in a charedi yeshiva who was eventually apprehended after a doctor called the cops when the hanhala wouldn't. It was too late for one of the bochurim who committed suicide and other victims that he molested as a teenager. In the yeshiva he attended, he would target the frishe younger bochurim in the high school when there was plenty of free time on Shabbos.

I don't know why Jewish Week columnist Elicia Brown won't name the molester considering he has a criminal record.

"UOJ" - "The Un-Orthodox Jew" said...

No, but I'm going to look into it. Thanks.

Anonymous said...

Elicia is a Conservative Jew originally from Flushing. Her father Theodore Brown is the Chairman of Computer Sciences at Queens College. Hella Winston also teaches at Queens College AND writes for Jewish Week. Good chance Hella knows who the molester is.

Anonymous said...

Convicted criminals have a hard time finding jobs as most employers will not touch them. That's why so many of them are contractors and caterers where they are self-employed. The catering industry attracts other lowlives. There is a caterer by the way who caters very heimish affairs in Monsey who is sleeping around whenever & wherever he can with shiksas. There is also a bakery owner in Brooklyn who gets set up on shidduchim and then tries to pressure the women into sleeping with him on the first or second date.

A former caterer in Brooklyn was trying to forcibly hug & kiss women on the first shidduch date. He is a relative of the owner of the Perfect Locksmith company in Boro Park who continued to employ child rapist David Zimmer despite being aware of his conviction and send him to homes where children were left unattended except for aloof domestic help where Zimmer took the children into bedrooms to sexually assault.

UOJ imitates RSRH said...

http://yudelstake.blogspot.com/2012/06/rav-shamshon-rafael-hirsh.html

Rav Shamshon Rafael Hirsh

"Even if you should be the only person in your community to hold a given view, do not say that you will never be able to gain a hearing.

As long as the view you represent is truly right and aims only at what is good, do not refrain from expressing it.

Continue your fight, tirelessly and undaunted, for years if need be; in the end - provided you have fought for your cause solely for its own sake, without ulterior, selfish motives - you will be heard!".

- Rav Shamshon Rafael Hirsh

You heard it first on UOJ said...

http://yudelstake.blogspot.com/2012/06/rav-shamshon-rafael-hirsh.html?showComment=1339078894969#c9125058922941396612

UOJ has complained for years that excuses by the kosher meat industry to raise prices are bogus as they are just greedy manipulators of a captive audience.

According to a front page story in yesterday's NY Times, the old excuse of skyrocketing animal feed prices is indeed bogus. The farm lobby is very powerful and has secured for many years already $7 billion a year to subsidize two thirds of farmer insurance payments for crops. Now the Senate wants to add another $3 billion to cover the deductibles!!

Senators are ignoring a GAO report that farmers are even purposely planting crops on bad karka with no possible yield because they get paid whether they grow crops or not.

The insurance doesnt only cover bad crop yield but also good crops that sell for less when market prices are down. The farmers are always guaranteed to make a killing. So either the kosher meat producers are lying to profit from us or are huge suckers to pay for non existing price hikes that are always covered by us the taxpayers through guaranteed insurance.

You are paying twice for that shtick brisket!

Krohns Disease said...

Yeah well, what half blind motormouth Chometz LePesach Krohn will NOT tell you in his multi-volume "delusion of the maggid" series is that he had indeed lots of real immoral crud in his own family that he could and should publish, but he won't because he is in cahoots with FartScroll publishsers that only publish "whitewashed" stories that the half blind motormouth Chometz LePesach Krohn concocts that are are read by the aguda illiterates who've never read a normal book in their lives.

In the meantime, rabbi Ephraim Bryks, the real life brother in law of half blind motormouth Chometz LePesach Krohn, who SHOULD and COULD be put in cherem, keeps on getting away to molest and corrupt as he goes through life:

CONTINUED:

http://www.lukeford.net/profiles/profiles/ephraim_bryks.htm

"Over the next few months, membership in the shul and enrollment in the school fell substantially.

In 1990, rabbi Bryks was offered the position of principal of a Montreal Jewish day school. He said he was leaving Winnipeg and his Torah Academy closed.

Angry parents informed the new school about the previous investigations of rabbi Bryks and the job offer was withdrawn.

Rabbi Bryks showed up in Montreal anyway and got a hearing before a rabbinical court. The job offer was reinstated. Then parents at the school told the administrators that if the rabbi was hired, they would pull their kids. Rabbi Bryks was not hired.

Moving to New York, rabbi Bryks created another Torah Academy. Aimed at children from the former Soviet Union, it soon had 400 students.

"He has singlehandedly built our school and held it together," said Torah Academy board member Irving Laub. "His rapport was the students and staff is everything we hoped for. I know how difficult his task was in integrating newly-arrived Russian teenagers into the Hebrew day schools system. I'm a fan of his."

On February 28, 1994, the CBC (Canadian Broadcasting Corporation) aired a documentary on rabbi Bryks called "Unorthodox Conduct."

Here's an excerpt from a transcript of the program:

Reporter Danielle Keefler: "Innocent and trusting. Daniel Leven grew up in a close-kit Jewish Orthodox family; two brothers, two sister, parents Sara and Martin, who wanted tradition, values instilled in their children. They enrolled five-year-old Daniel in the Torah Academy [run by rabbi Bryks].

"Daniel went to the school from kindergarten to Grade 2. Then the Levens moved away to Montreal, later to Toronto. As a teenager, Daniel's smile masked his pain. His parents had separated. The boy was in distress, unable to concentrate in school, prone to explosive fits of rage. At 14, he started therapy. Three years later, he stunned his mother and father."

Sara: "Last May, he started having -- May '93, he started having memories of being sexually abused by the rabbi and principal at Torah Academy. He was sitting on his lap, and the rabbi -- in his office in the rabbi's office, and the rabbi was -- it's so hard for me to say this…"

Martin: "He was fondling." "

TO BE CONTINUED.

Matisyahu Pickwick Salomon said...

From the UOJ archives:

"The Life and Times of Matisyahu Pickwick Salomon 8 said...(November 08, 2011)

There are many sad days when Rabbi Matisyahu Salomon wishes that he had never left his cozy quarters in quiet Gateshead in England that is still stuck way back in the slow moving eighteenth century where the maidens are shy and blush and the boys have manners and respect their elders. It's quiet in that part of England, all the action is in hyper London or Manchester or Liverpool.

But having been persuaded to leave his post over there and cross the Atlantic on a so to speak slow moving boat, he now finds himself in the urbs of New Jersey, a state that is one long suburbia, with the town of Lakewood being fairly typical of the way people live in New Jersey.

But the change in physical location is nothing compared to the literal wild west atmosphere of the current Lakewood yeshiva. Founded by Rav Aron Kotler z"l as an impoverished enclave for true Torah lishma studies, it has now transformed into quite a different town. Long gone is the self-sacrificing way of its founders among the leadership. Instead, a few grandson denizens have overtaken to run the place like Clint Eastwood cowboys regardless of their horrid personal reputations.

Matisyahu Salomon must have pangs of anguish that his nominal boss, Malkiel Kotler is a public bigamist. His first wife, still living in Israel refused a divorce, so he got himself a heter mei'ah rabbonim and "married" a second cool chick in the USA. Only in Jewish law the second "wife" has the dubious status of being more of a "handmaiden" rather than a true spouse. It's all very iffy. But dapper Malkiel needed a new meidel since his old veibel refused to come to America, so he went out shopping and got one for himself, and his cousin Moshe Heinemann helped to organize it. Such is Rabbis Salomon's boss, and he can't be happy about it.

The other real boss is the Lakewood yeshiva's CEO, the young punk Aron Kotler, Malkiel's kid brother who really raises all the money and runs the place with an iron fist. He has a way of building connections like a young mafia don and he does it too well. Yet another good reason for Rabbi Salomon to hate his own situation with such low-lives, but he still holds his nose and pretends as if all's well.

1:51 AM, November 08, 2011"

Hynes 'n Haredim feet to the fire 1 said...

The New York Jewish Week:

"Rackets Bureau Chief Vows Openness On Witness Intimidation

Rackets bureau chief Michael Vecchione: Signals wide reach in battle to combat witness intimidation. NY Daily News

Vecchione, part of new DA task force, says ‘we should be limited by nothing’ in fight against community pressure in abuse cases.

Wednesday, June 6, 2012
Hella Winston
Special To The Jewish Week

The chief of the Brooklyn district attorney’s rackets bureau and a member of the DA’s new task force to combat witness intimidation in the ultra-Orthodox community indicated a willingness to explore all available avenues to tamp down on the problem — including “[picking] up the phone and [calling] the U.S. attorney.”

Michael Vecchione’s comments came Tuesday in an interview with The Jewish Week, and they suggest an openness to receiving information from community members in sex abuse cases that his own boss, DA Charles Hynes — at least based on his recent statements to the press — appears to lack.

In public statements over the course of the past few weeks, Hynes has described the problem of intimidation of Orthodox abuse victims as worse than anything he has seen in organized crime or police corruption cases.

“We should not be limited by what [people in the community] believe intimidation is,” Vecchione said in response to a comment by The Jewish Week that many in the community fear that threats of social ostracism themselves may not be actionable as a form of intimidation.

“[Ostracism] could be [intimidation],” he asserted, noting that “the statute is specific yet broad enough, and there is a catch-all phrase that would get us into that.

“We should be limited by nothing,” Vecchione continued, adding that “[community members] should just bring to us what they have and then we will go from there.”

(Vecchione is apparently no stranger to prosecutions involving the Orthodox community. Indeed, a piece in Monday’s New York Times about a 1994 kidnapping case seems to lend weight to longstanding claims that Hynes has historically treated Orthodox defendants with kid gloves. In that case, according to the Times, Hynes’ office initially sought to drop the case and then entered into a plea deal that was later overturned by a State Supreme Court justice. The prosecutor on that case was Vecchione.)

According to the law, Vecchione explained, if someone “interferes with a prosecution by attempting to have a witness absent themselves or change their testimony” then that person is “guilty of one of the crimes that fits into the category of intimidating a witness.”

Asked whether rabbis, like David Zwiebel, the executive vice president of the haredi umbrella group Agudath Israel, who contend that reporting to the authorities before first consulting a rabbi is mesirah (the act of informing) — an action punishable by death — could themselves be committing a crime, Vecchione said that “[they] could, depending upon what the person who is making the statements is talking about and to [whom].”

According to Vecchione, this hinges on whether the person is speaking generally or whether the “intimidating statement” can be connected to “a particular case … in which a person decides not to come forward or change their testimony or something of that nature.”

“There has to be a connection between what the potential defendant and/or intimidator says and the witness in a particular case,” he continued, noting that this could be “very difficult” to establish."

Hynes 'n Haredim feet to the fire 2 said...

"Rackets Bureau Chief Vows Openness On Witness Intimidation

Hynes himself has said that he would not take action regarding such statements, but for a different reason. Responding to a question posed by radio host Zev Brenner Monday night about whether a rabbi who says reporting is mesirah can be prosecuted, Hynes said that “no legal authority ... allows me to object to [such statements] … because they are a religious interpretation.”

Some experts disagree with both Hynes and Vecchione. According to James A. Cohen, a professor at Fordham Law School and an expert in the area of witness tampering, “A [general], public statement is obstruction. In this country we respect religion … but that doesn’t give [religious leaders] license to stand at the pulpit and say ‘you must consult with a religious figure … before you go to the authorities.’ This is obstruction of justice, plain and simple.”

Marci Hamilton, the Paul R. Verkuil chair in public law at Cardozo School of Law, concurs.

“Where Hynes gets it wrong is that he cannot prosecute someone for the content or viewpoint of their speech, but he can prosecute them for inciting imminent lawless action.

“Where the rabbis are inciting their congregations to obstruct justice or endanger children,” Hamilton explained, “they are crossing the line from protected speech to illegal conduct.”

Vecchione also allowed that such statements might be viewed as an interference with community members’ civil rights — a theory that has been advanced by Orthodox attorney and author Michael Lesher. But the rackets bureau chief added that “you have to ask the federal authorities about that because … I don’t want to speak to that because I’m not familiar with the law.”

Lesher has noted “under federal law, it is a crime to use the threat of force to interfere with someone’s right to the benefits of state law, including the criminal justice system, if you make that threat because of the victim’s religion.”

“By invoking the language of mesirah — a religious offense that authorizes the use of deadly force against any Jew who ‘informs’ to the authorities — Agudah’s stated policy amounts to a deliberate call for the use of force to stop a Jew, because he or she is a Jew, from going to police against a rabbi’s instructions,” Lesher told The Jewish Week. This could make the Agudah and anyone else making such statements “complicit in a civil rights crime any time an Orthodox Jew gets a threat for talking to the police when a rabbi told him not to,” Lesher believes.

Vecchione also said that the DA’s task force might consider convening an investigative grand jury to gather information without a particular target, something that he — and Cohen, among others — have acknowledged is “a very powerful tool in terms of investigating organized crime.”

“The techniques that we use to investigate organized crime can very well be used in this situation as well,” he added.

Vecchione’s statements stand in contrast to those made recently by Hynes about those who have attempted to bring to his office information about intimidation."

Hynes 'n Haredim feet to the fire 3 said...

"Rackets Bureau Chief Vows Openness On Witness Intimidation

Late last month, The Jewish Week reported that a father whose son was allegedly molested by Rabbi Yehuda Kolko provided information both to the police and, in an affidavit, the DA about a harassing phone call he received originating — according to the caller ID on his phone — from the school, Yeshiva Torah Temimah, where the alleged abuse occurred and which the father is now suing. (The same family pressed criminal charges against Rabbi Kolko, who was allowed to plead to misdemeanor charges of endangering the welfare of a child. Rabbi Kolko is now awaiting trial on charges he violated an order of protection that was part of the plea deal.)

In response to a question from WCBS at a recent, unrelated press conference, Hynes seemed to minimize the father’s claims, saying that he “was the victim of a telephone hang up” from “something called Torah Termina [sic] on Ocean Parkway” and that the affidavit he submitted charged “no criminality.” However, Cohen told The Jewish Week several weeks ago that “threatening phone calls” — even outside the context of a criminal or civil action — “is criminal conduct.”

The DA also appeared to cast doubt on the father’s report that the call came from the school, saying that he wished “we had that technology [that the father had] because we have one hell of a time tracing phone calls” and went on to ask, “How do we find the person that made that phone call?”

While the father acknowledges that identifying the exact person who made the call from the school’s number could be difficult or even impossible, he also noted in an interview with The Jewish Week that his phone company informed him that it would release his phone records if ordered to do so by the police or the courts. He also contends that he was given no indication that the DA or the police even investigated the claims made in his police report (which he also shared with The Jewish Week) and could not in fact get anyone from the office to return his calls for months, until after a reporter from the New York Post started making inquiries.

The district attorney also declined to meet with victims’ advocate and psychologist Dr. Asher Lipner, who requested through former Mayor Ed Koch a meeting “to share ideas and information” with the DA’s task force through (Lipner has been treating survivors of child sexual abuse in Brooklyn’s Orthodox community for over a decade).

The Jewish Week has obtained a copy of an e-mail sent by Dr. Lipner to members of the DA’s Kol Tzedek staff about the information discussed in those meetings (one of which included advocate Ben Hirsch of Survivors for Justice, and was referenced in a separate e-mail). This information included allegations of witness tampering and obstruction by named rabbis and community-based organizations. Lipner was apparently told that these staff members would be putting an assistant district attorney from the rackets bureau in touch with him, but this never materialized, according to Lipner.
However, if Vecchione’s statements are any indication, Lipner may well get another chance.

“Tell people that they have someone they can come to,” Vecchione instructed The Jewish Week. “And that our rackets division is open for business.”"

Perp walk said...

I can understand why Colmer would pick the alias Dovid Cohen as that is the name of Ohel's posek.

And I can see where Yossi Ungar from Flatbush would impersonate dead people to steal (this still doesn't stop Philly yeshiva from endorsing the new Bais Yaakov he opened)

http://www.mugshotsworld.com/MOSHE-S-BUTLER

But where did con artist Moshe Butler (son of OU's Rafi Butler) come up with his alias?

The Bergen Record reports that when Moshe Butler was scamming hotel developers out of millions of bucks, he went by the name "John Savoy".

Hynes can fool some of the people ... said...

What can UOJ & friends do to push for Ed Koch's idea of a special prosecutor? It's klor that Charlie Hynes and his cronies will sacrifice a few rabbis on witness tampering charges so they can get out of the public eye and still protect the majority of offenders.

"UOJ" - "The Un-Orthodox Jew" said...

Hynes is in for many surprises in the coming months! He screwed around with too many innocent victims and families for his own political gain. WATCH OUT CHARLIE!!!

Staging consultant said...

Let me guess, the couple of rabbis that Hynes will sacrifice will be baalei teshuva who have no powerful connections in the community.

Anonymous said...

Yossi Ungar is the illustrious nephew of the alleged molester Chazan Putchy Lipschutz.

Anonymous said...

I looked up Yudi Kolko's current criminal proceedings.

He will be in court on Monday with his putz lawyer Jeffrey Schwartz for a contempt of court trial.

At the end of July he will appear for a pair of trials that are rolled into one. One trial is for harassing his former victims in the streets of Flatbush. It seems that the 2nd trial is the original sex abuse charges were reopened due to his violating probation.

Satmar bungalow putz said...

That's hilarious that convicted felon Hertz Frankel wrote that sefer. Where did UOJ find that image? One blogger has been blasting Hertz for sucking up to Satmar "gypsies" when they would never accept a Galitzianer like him.

Paysach Krohn said...

http://www.jewishjournal.com/articles/print/the_curious_case_of_rabbi_alan_abrams_20120606/

I like this guy's style! Alan Abrams probably doesn't have real semicha from anywhere but is a member of Avi Weiss's International Rabbinic Fellowship as he acts the orthodox part when it suits him.

http://www.jewishjournal.com/thenon-prophet/item/abrams_suspends_his_rabbinate_20120607/

After he was outed by the LA Jewish Journal as a putz thief, he announced on his personal blog that he is suspending himself from the rabbinate.

http://alanabramsblog.blogspot.com/2012/06/signing-off.html

But not before warning everyone to not listen to lashon harah about him because that is an aveirah.

Son of Boog said...

http://decisions.courts.state.ny.us/fcas/fcas_docs/2012MAY/2300084502012100SCIV.pdf

Scheinerman, you shtink!

I like the story you gave the State Attorney General that you need $800,000 for "programming"

Anonymous said...

Is Shmarya sleeping?

New York Civil Supreme
Index Number: 101267/2012
Case Name: AMERICAN FRIENDS OF LUBAVITCH vs. RABBI YEHUDA STEINER
Case Type: Article 75 (Arbitration)
Track: Standard
RJI Filed: 02/14/2012

Rabbi Yehuda Steiner is the shaliach to George Washington University. The D.C. rep for AFOL is Rabbi Shemtov who is the shaliach to the White House and who Lakewood's Aaron Kotler butters up for his connections when BMG needs a favor in Washington. Aaron also called Shemtov to deny that his brother Malkiel slammed Lubavitch in Kiryas Yoel.

Anonymous said...

"The Life and Times of Matisyahu Pickwick Salomon..."

What's a point in posting long rants against MS? Say FACTS. Don't waste bytes at every UOJ page by reposting your novels. There is nothing new in what you write.