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Father Charged with Sexual Abuse Exonerated

Judge Greenberg, sitting in the Family Court of Nassau County, rendered a decision on January 21, 2010, dismissing child abuse proceedings against a father. The petition against the father alleged that he had committed sexual offenses regarding his daughter Isabella. The charges alleged he would rub lotion on her, “slap her butt” and “whistle at her.”

The father denied all of the allegations. There was testimony by a psychologist at the time of trial. The psychologist stated that Isabella admitted to lying and sometimes believing her own lies. The psychologist also stated that Isabella had difficulty distinguishing between fantasy and reality.

Sexual Abuse Allegations are Unsupported

Judge Greenberg found the Department of Social Services did not establish that the father had sexually abused his daughter. The court’s decision indicated that Isabella’s statements were motivated by her desire to live on Long Island. The child did not want to move to the father’s residence in Queens. Isabella’s testimony was inconsistent and not credible. The court believed the testimony was an effort to stop the father from being successful in his custody application.

New York Fathers’ Rights Attorney

The Law Offices of Schlissel DeCorpo litigates fathers’ rights issues. We have extensive experience in handling the following fathers’ rights related matters: divorce; orders of protection; child support; child custody; visitation; spousal maintenance (alimony); child abuse, child neglect; CPS and ACS proceedings; applications to reduce child support; child abuse defense hearings; paternity and no-fault divorce issues. We also litigation equitable distribution matters in divorces and grandparents’ rights issues. Feel free to call us for a free consultation.

Dealing With Nursing Home Abuse of Senior Citizens

nursing-150x1501When you place a loved one in a nursing home, it is your hope that they are going to be cared for.  The nursing home is responsible for meeting their needs for food, shelter and medical care.  There has been a significant number of cases in recent years where nursing homes have not provided the high-level of care that is their obligation.  In some situations, the seniors have been physically abused.  Other cases involve the theft of money and valuables from seniors.

Common Signs of Elder Abuse

There are many types of elder abuse of seniors in nursing homes.  They can be verbally abused, physically abused and sexually abused.  They can be neglected to the point that it has a negative effect on their mental and physical health.

Seniors who rely on wheelchairs, crutches or walkers can be abused if these items are not made available.  They can then become captives in their rooms, subject to false imprisonment.  There have been instances that our office has been involved with where seniors valuables seem to develop feet and walk away on their own.  Usually another resident or staff member of the nursing home is involved in the theft of the senior’s possessions.

What to Look for Regarding Nursing Home Abuse

To start with, you should always have access to a loved one at a nursing home.  There is no reason why a staff member should prevent you from spending time with a loved one.

The following are signs of physical abuse: sudden weight loss, dehydration, bed sores, marks from restraints, broken bones and other injuries from falls as well as over- medication.  These are indications of sexual abuse: bleeding or bruises in the genital area or rectum, torn or bloodied garments or the contraction of sexually transmitted diseases.

Verbal abuse can involve seniors regressing.  This is when the senior enters an infant-like state, such as sucking their thumb or mumbling.  Seniors can show an excessive fear or apprehension around other people.  Visible depression or anger can also be related to verbal abuse.

What do you do if you believe a senior has been abused? The first thing you must do is try to obtain documentation or evidence of what actually happened.  If you find abuse has taken place, it is strongly suggested that you remove the individual from the facility.  You should thereafter notify the administrators of the facility and agencies regarding what transpired.  You should also hire an attorney and sue the facility.

There are several types of lawsuits that can be brought against nursing homes.  Lawsuits can be brought to deal with financial abuse, verbal abuse, false imprisonment, physical abuse, sexual abuse and neglect.  Nursing homes must provide reasonable care to their residents.  Nursing homes are held to a very high standard of care.  The Nursing Home Reform Act (NHRA) of 1987 requires that nursing homes maintain a specific high level of care if they are receiving reimbursement from either Medicare or Medicaid.

nursing-home-150x1501Nursing Home Abuse Statute

The federal statute regulating nursing homes is called the Nursing Home Reform Act of 1987 (NHRA).  This statute has specific regulation requiring all nursing facilities in the United States that receive either Medicaid or Medicare to maintain facilities that are safe, clean and well-managed for the nursing home residents.  Federal regulations require that all nursing homes residents have a right to be free from verbal, physical, sexual or mental abuse.  The rules stated in the NHRA are contained in a pamphlet called the “Residents’ Rights“.  An overview on the National Citizens Coalition for Nursing Home Reforms website is www.NCCNHR.org.  This Federal statute allows the recovery of “compensatory damages”.  These damages are calculated at 25% of the daily per-patient statutory rate of payment which has been established for the facility.

Elder Care Lawyers

We sue nursing homes.  Our office sues nursing homes that fail to provide the required high-level of care to their residents.  We will deal with issues involving nursing home abuse.  We also assist our clients in contested wills and estate proceedings as well as the drafting of wills and trusts. We assist our clients if they have special needs children with drafting a special needs trusts and supplementary needs trust. Should you, a friend or loved one have a need for an elder care attorney, call us at 1-800-344-6431, 516-561- 6645 or 718-350-2802.

Child Abuse Charge Against Father Dismissed

custody-150x1501Judge Gilbetz, sitting in the Family Court in Bronx County, was recently presented with a case of child abuse against a father. The Administration for Children’s Services (ACS) is the agency in the City of New York charged with investigating and making presentations in court concerning allegations of child abuse.

In the case before Judge Gilbetz, out of court statements were made by a four year old that her father had sexually abused her. ACS brought a petition against the father claiming that the out of court statements were sufficiently corroborated to require an abuse finding by the court against the father. The court ruled against ACS. It held that they failed to sufficiently prove there was corroboration of the child’s out of court statements.

ACS had obtained the testimony of a “validator” named Dr. Lewitts. At the fact-finding hearing, they attempted to get into evidence corroboration through Dr. Lewitts. He testified that, with a reasonable degree of psychological certainty, the child’s statements were consistent with those of other children who were found to be sexually abused.

The father introduced testimony of his own expert. The father’s expert’s presentation was that Dr. Lewitts violated standard methodologies in the manner in which he questioned the child. During the course of questioning the child, he had the mother present for the interviews.

The court found that Dr. Lewitt’s opinion could not be given credibility. The court’s ruling was that the validator did not corroborate the child’s testimony. The validator simply substituted his credibility for the child’s credibility. This did not meet the legal criteria for a finding of child abuse. The court’s decision went on to state that, due to the inappropriate interviews and the incorrect methodology utilized by Dr. Lewitts, his opinion could not be considered of evidentiary value in the case. The court therefore dismissed the petition of child abuse against the father.

Fathers’ Rights Lawyers

The Law Offices of Schlissel DeCorpo has been litigating fathers’ rights cases for more than thirty years. We have represented fathers accused of child abuse and child neglect in courts through out the Metropolitan New York area. The Long Island and New York City child abuse defense lawyers at the Law Offices of Schlissel DeCorpo have an excellent record of successfully representing fathers in child abuse cases.

The fathers’ rights lawyers at the Law Offices of Schlissel DeCorpo have also represented grandparents in grandparents’ rights cases. We have represented fathers in parental alienation cases and have a long history of identifying parental alienation syndrome in children.

Should you, a family member or friend be involved in a Family Court proceeding, call us at 1-800-344-6431, 516-561-6645 or 718-350-2802. We can help you.

Violent Assault on Priest Related to Sexual Abuse

priests-150x150Approximately thirty-five years ago, William Lynch and his brother were sexually abused by a Jesuit priest. During the past thirty-five years, he has dealt with issues involving depression, nightmares and suicide. He had lived with anger and pain for more than three decades.

A Priest Rapes And Molests Five and Seven-year-olds

William was five-years-old and his brother was seven when they were raped and forced to have oral sex with each other by Father Lindner. Father Lindner, a Jesuit priest, forced them to do these sexual acts, then watched them for his own amusement.

Father Linder, now sixty-five years of age, has been accused by a dozen people of sexual abuse. Among those he abused were his sister, nieces and nephews.

Payment of $625,000 in Damages in 1998

In 1998, Mr. Lynch and his brother settled a lawsuit brought for sexual abuse against Father Lindner and the Jesuit Roman Catholic Order. They received a $625,000 settlement related to Father Lindner abusing them in 1975 during a weekend camping trip in the Santa Cruz Mountains.

Father Lindner has also been named in two additional lawsuits involving sexual abuse. These cases involved in a $660 million dollar settlement struck between the Catholic Church and approximately 550 sexually-abused individuals in 2007.

Anger Boils Over

Mr. Lynch let his anger and depression get to him in May of 2010. On May 2010, Mr. Lynch drove himself to the Jesuit Sacred Heart retirement home in Los Gatos, California. He confronted Father Lindner. He brutally beat him on the face and body.

Mr. Linder was charged with criminal assault. His attorney has plead not guilty and the case is currently pending. Mr. Lynch said “I wanted to exorcise all of the rage and anger and bitterness he put into me. You can’t put into words what this guy did to me. He stole my innocence and destroyed my life”.

I question whether any jury will find Mr. Lynch guilty of taking his revenge for the insidious, incredible and outrageous actions of Father Linder.

About Our Law Firm

The Law Offices of Schlissel DeCorpo is a full-service law firm. We have a staff of five lawyers and an equally dedicated support staff to assist us in representing individuals. We handle all types of criminal cases. We represent individuals charged with drug offenses, domestic violence, assault and battery, juvenile defenses, shoplifting, burglary, driving while intoxicated, weapons possession and other types of misdemeanors and felonies.

We represent individuals charged in sex crimes, white collar crimes, violent crimes and we also can handle traffic tickets. We assist our clients by making bail arrangements to have them released from jail. Should you and friend or family member be charged with criminal matter feel free to contact us at 1-800-344-6431, 718-350-2802 or 516-561-6645.

We are aggressive and experienced criminal defense lawyers.

New York’s Anti-Bullying Law

bullying-150x150Imagine that your child is overweight or has issues concerning sexual orientation. Your child can be the butt of jokes or bullying by other children. Children can be cruel to other children. Facebook and other social media sites allow the posting of cruel articles, nasty pictures and malicious gossip. There have recently been several situations where children have committed suicide as a result of intimidation and harassment by other children. The state of New York has now taken action to deal with this issue by passing an anti-bullying law.
The new statute requires school districts to protect children against bullying. Specifically, it requires schools to deal with bullying based upon a child’s sexual orientation or weight.
Schools Responsibilities

Schools are now responsible for guarding children against discrimination and harassment related to both ethnicity and disability. The DIGNITY FOR ALL STUDENTS ACT was signed into law by Governor David Paterson on September 8, 2010. This statute, which provides protection for trans-gender students, is one of the first state statutes of this type.
Codes Of Conduct
The effect of the new statute is to cause school districts to amend their codes of student conduct. Guidelines must also be established for school employees. The school districts will have to create employee sensitivity programs to deal with the new requirements.
Each and every school will be required to have a staff member fully-trained in counseling methods. This new statute is in addition to any existing New York State and New York City anti-discrimination laws.
Protecting Children
Children need to be protected. This is a good step in that direction. In a civilized society, the strong should not be allowed to take advantage of the weak!
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