I received the following unofficial letter purporting to represent the view of Rav Sternbuch to the current fish worm question
Thursday, June 3, 2010
First grade teacher suspected of abusing students
Mako
הותר לפרסום: גבר בן 33 מאלעד, מורה בבית ספר פרטי בעיר, נעצר בחשד לביצוע מעשים מגונים בקטינים, תלמידי כיתה א' אותם לימד. החשוד נעצר בשבוע שעבר והבוקר הוא יובא להארכת מעצרו בבית משפט השלום בפתח תקווה.
מעצרו של החשוד התאפשר בעקבות מספר תלונות של שישה הורים לתלמידים שהוגשו במשטרה. על פי החשד, נהג החשוד לגעת בתלמידיו באופן שיעורר בו גירוי מיני ולאחר מכן היה הולך למקום אחר כדי להגיע לסיפוקו, ושלא בנוכחות הקטינים.
במהלך השבוע האחרון תושאלו הקטינים על ידי חוקרים של משרד הרווחה והתבקשו למסור פרטים על המעשים. החשוד עצמו, ללא עבר פלילי קודם, הודה בחקירתו במיוחס לו ושיתף פעולה באופן מלא במהלך החקירה.
הותר לפרסום: גבר בן 33 מאלעד, מורה בבית ספר פרטי בעיר, נעצר בחשד לביצוע מעשים מגונים בקטינים, תלמידי כיתה א' אותם לימד. החשוד נעצר בשבוע שעבר והבוקר הוא יובא להארכת מעצרו בבית משפט השלום בפתח תקווה.
מעצרו של החשוד התאפשר בעקבות מספר תלונות של שישה הורים לתלמידים שהוגשו במשטרה. על פי החשד, נהג החשוד לגעת בתלמידיו באופן שיעורר בו גירוי מיני ולאחר מכן היה הולך למקום אחר כדי להגיע לסיפוקו, ושלא בנוכחות הקטינים.
במהלך השבוע האחרון תושאלו הקטינים על ידי חוקרים של משרד הרווחה והתבקשו למסור פרטים על המעשים. החשוד עצמו, ללא עבר פלילי קודם, הודה בחקירתו במיוחס לו ושיתף פעולה באופן מלא במהלך החקירה.
Police not trained to handle abuse cases
Responding to concerns that sexual assault complaints have been mishandled by the police in New York, a task force appointed by Police Commissioner Raymond W. Kelly has recommended new training protocols for officers dealing with sex crime victims.
The task force has called for a video to be shown to officers that emphasizes the Police Department’s policies mandating that crime reports be taken, and the procedures and sensitivity required in dealing with victims of sex crimes, said Paul J. Browne, the department’s chief spokesman.
The task force, which began its review in April, is also looking at specific cases to check if complaints were handled appropriately by the police. The task force is expected to meet with Mr. Kelly on Thursday to present its initial list of recommendations.[...]
Wednesday, June 2, 2010
Tuesday, June 1, 2010
Supreme Court:Miranda right to silence must be requested
NYTIMES
The Supreme Court ruled Tuesday that suspects must explicitly tell police they want to be silent to invoke Miranda protections during criminal interrogations, a decision one dissenting justice said turns defendants' rights ''upside down.''
A right to remain silent and a right to a lawyer are the first of the Miranda rights warnings, which police recite to suspects during arrests and interrogations. But the justices said in a 5-4 decision that suspects must tell police they are going to remain silent to stop an interrogation, just as they must tell police that they want a lawyer.
The ruling comes in a case where a suspect, Van Chester Thompkins, remained mostly silent for a three-hour police interrogation before implicating himself in a Jan. 10, 2000, murder in Southfield, Mich. He appealed his conviction, saying that he invoked his Miranda right to remain silent by remaining silent.[...]
The Supreme Court ruled Tuesday that suspects must explicitly tell police they want to be silent to invoke Miranda protections during criminal interrogations, a decision one dissenting justice said turns defendants' rights ''upside down.''
A right to remain silent and a right to a lawyer are the first of the Miranda rights warnings, which police recite to suspects during arrests and interrogations. But the justices said in a 5-4 decision that suspects must tell police they are going to remain silent to stop an interrogation, just as they must tell police that they want a lawyer.
The ruling comes in a case where a suspect, Van Chester Thompkins, remained mostly silent for a three-hour police interrogation before implicating himself in a Jan. 10, 2000, murder in Southfield, Mich. He appealed his conviction, saying that he invoked his Miranda right to remain silent by remaining silent.[...]
Teacher falsely accused of molesting girl
Washington Post
A Fairfax County jury needed only 47 minutes Thursday to find a popular schoolteacher not guilty of molesting a 12-year-old girl in their school gym this year.
Sean Lanigan, 43, smiled and tears flowed among his dozens of supporters in the courtroom as the verdicts were read clearing Lanigan of charges of aggravated sexual battery and abduction. The case against him hinged on the testimony of two sixth-grade girls at Centre Ridge Elementary School in Centreville, who said Lanigan had scooped up one of the girls in the middle of the school gym, carried her into an equipment room, laid her down on a mat and massaged her shoulders, groping her in the process. [...]
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Rav Eliashiv(Kovetz Teshuvos 3:231): … Question: If someone is sexually abusing a boy a girl in circumstances which we don’t have the means to stop him from continuing his evil deeds – is it permissible to notify the government authorities? Answer: [Yes] … However, it is permitted to notify the government authorities only in the case which it is certain that the accused has been sexually abusing children. Informing the authorities in such a case is clearly something for the well being of the society (tikun olam). However in a case where there is no proof that this activity is happening but it is merely a conjecture or suspicion, if we permit the calling of the authorities - not only would it not be an improvement (tikun olam) - but it would destroy society. That is because it is possible that allegations are being made solely because of some bitterness the student has against his teacher or because of some unfounded fantasy. As a result of these false allegations the accused will be placed in a situation for which death is better than life – even though he is innocent. Therefore I do not see any justification for calling the authorities in such circumstances.
A Fairfax County jury needed only 47 minutes Thursday to find a popular schoolteacher not guilty of molesting a 12-year-old girl in their school gym this year.
Sean Lanigan, 43, smiled and tears flowed among his dozens of supporters in the courtroom as the verdicts were read clearing Lanigan of charges of aggravated sexual battery and abduction. The case against him hinged on the testimony of two sixth-grade girls at Centre Ridge Elementary School in Centreville, who said Lanigan had scooped up one of the girls in the middle of the school gym, carried her into an equipment room, laid her down on a mat and massaged her shoulders, groping her in the process. [...]
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Rav Eliashiv(Kovetz Teshuvos 3:231): … Question: If someone is sexually abusing a boy a girl in circumstances which we don’t have the means to stop him from continuing his evil deeds – is it permissible to notify the government authorities? Answer: [Yes] … However, it is permitted to notify the government authorities only in the case which it is certain that the accused has been sexually abusing children. Informing the authorities in such a case is clearly something for the well being of the society (tikun olam). However in a case where there is no proof that this activity is happening but it is merely a conjecture or suspicion, if we permit the calling of the authorities - not only would it not be an improvement (tikun olam) - but it would destroy society. That is because it is possible that allegations are being made solely because of some bitterness the student has against his teacher or because of some unfounded fantasy. As a result of these false allegations the accused will be placed in a situation for which death is better than life – even though he is innocent. Therefore I do not see any justification for calling the authorities in such circumstances.
Egypt opens Gaza border after IDF raid on aid flotilla
Haaretz
Egypt opened its border with the Gaza Strip on Tuesday, letting Palestinians cross until further notice amid a storm of international criticism of Israel's blockade of the enclave, officials in Egypt and Gaza said.
The move, urged by the Palestinian Islamist movement Hamas against whom the embargo has been directed, prompted dozens of people to race to the crossing point in the southern Gaza Strip town of Rafah, though the gates appeared still to be closed.
It is the only point on Gaza's borders that is not fully controlled by Israel. Cairo, coordinating with Israel, has opened it only sparingly since Hamas Islamists, who are allied to Egypt's opposition, seized control of Gaza three years ago. [...]
Egypt opened its border with the Gaza Strip on Tuesday, letting Palestinians cross until further notice amid a storm of international criticism of Israel's blockade of the enclave, officials in Egypt and Gaza said.
The move, urged by the Palestinian Islamist movement Hamas against whom the embargo has been directed, prompted dozens of people to race to the crossing point in the southern Gaza Strip town of Rafah, though the gates appeared still to be closed.
It is the only point on Gaza's borders that is not fully controlled by Israel. Cairo, coordinating with Israel, has opened it only sparingly since Hamas Islamists, who are allied to Egypt's opposition, seized control of Gaza three years ago. [...]
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