Meting Out Justice In Jersey

It has been an interesting few weeks in the island of Jersey - specifically relating to Claude Donnelly and Michael Aubin.

It has been several long, investigative years into the widespread child abuse scandal in Jersey with Haut de la Garenne children’s home being the most recognized name at the center of the scandal.

Many – in and outside the island - are of the opinion given the judicial system in Jersey and the rumors and allegations swirling of many prominent figures about having been involved with or plainly covering-up the abuse for decades, justice for the alleged victims may never be achieved.

Last week, 69-year-old Claude Donnelly was found guilty of 15 counts of indecent assault, rape, and procuring an act of gross indecency. All of the charges relate to a woman who told the court Donnelly began abusing her when she was eight.

Donnelly admitted to indecently assaulting the woman twice when she was 13 or 14, but denies raping her on four occasions, indecently assaulting her nine times and causing her to commit an act of gross indecency on him.

As we so often hear from the defense the victim gets portrayed as the guilty party. Advocate Baker told the jury they would hear evidence from a woman who would describe events that had happened to her as a child. ‘It is that immature child and her thoughts and behavior you will need to consider,’ he said.

At an earlier trial Donnelly was found guilty of rape and indecent assault of another, then teenage girl. When interviewed by police he said he knew one day they would question him over it.

Donnelly’s crimes are not connected to the Haut de la Garenne investigation, but the larger child abuse investigation in Jersey.

Donnelly will be formally sentenced on August 21.

Two days ago 46-year-old Michael Aubin, who has been in custody since May of 2008 for abusing 2 young boys at Haut de la Garenne in the late1970s, was spared additional jail time and placed on two years probation.

Aubin himself claims to have been sexually abused at the children’s home by a staff member known as the “bogeyman.”

In issuing the sentence of probation, Commissioner Clyde-Smith said there was an element of "cruelty" in the circumstances of the case.

"The defendant was taken in to care at three years old. The state was in loco parentis," he said.

"He became what he became while in the care of the state and now the state comes after him to prosecute him for what he did when he was in its care when he was 14 - a disturbed and brutalised 14-year-old."

Which leads me to ask who is the “bogeyman”, why are we not hearing anything regarding an investigation into his identity and does this not call into question the police and government calling the Haut de la Garenne investigation an expensive investigation that proved nothing? Ya can’t have it both ways!

Since the abuse scandal investigation began - 40 suspects have been named by police - of that number, one suspect’s file was returned to police for further investigation, a few were dropped for what the Attorney General calls a lack of evidence and the rest are apparently in political/judicial limbo.

Call me cynical, but my gut feeling is the powers that be in Jersey have offered up Donnelly and Aubin as the sacrificial scapegoats in hopes this all just goes away – the Jersey way.

The perpetrators of abuse and those responsible for the cover-up that held and/or continue to hold high positions within the government and society may sleep easy for a time, but there are more than a few determined individuals that will not let this sleeping dog lie.

BBC
JEP - Knew Police Would Question Me
JEP
The Independent

Let the Healing Begin

The constellation Orion

The long-awaited child molestation trial of San Mateo County psychiatrist William Ayres finally began on a near-perfect summer day in Redwood City, California—a day that is ideal for healing to begin in earnest. In the gallery of Courtroom 2L were the parents of some of the out-of-statute boys (now men) who were referred to the child psychiatrist for minor psychological problems such as ADD, ADHD, bedwetting and self-esteem issues—problems that can manifest in pre-adolescence or adolescence.

If the alleged facts of this case are hard enough to listen to, imagine how the parents of the boys, who were between the ages of 8 and 13 or 14, feel about what their sons went through. Most sent their sons to the psychiatrist on the recommendation of a school counselor or pediatrician. Many of the families self-paid for that “therapy” that has lead to a lifetime of hurt for their sons, and their own grief that their decision to seek therapy has irreparably harmed their sons.

Of course no trial is without side dramas, even as the case begins.

The first motion was of much importance, and itself deserves a post of its own (which will happen over the weekend). To sum, journalist Victoria Balfour was allowed to listen to opening arguments but was ordered to leave the room after receiving a subpoena from Weinberg, who stated there was the “possibility of calling” Balfour as a witness on July 9. Balfour’s attorney argued she had a right to be there, on assignment from a newspaper in Southern California. In a blow to the reporter’s First Amendment rights, the judge excluded Balfour from hearing any testimony.

In a side action, a reporter from KGO-TV asked for permission to tape the opening statement, but the judge could not recall receiving the request in a timely manner. She denied permission for a camera person to take video of opening arguments. After a break, it was brought to her attention that the request had indeed been made, but that did not change her decision. KGO will be following up.

(Remember this is the same county that hosted the Scott Peterson trial. No cameras there either.)

Next was a motion by defense attorney Doron Weinberg (yes, that Doron Weinberg, late of the Spector trial) argued that a report submitted by the prosecution was not received in a timely manner. The report, about the standard of care in a psychiatric case, had been presented during previous court proceedings and the expert witness recently updated the report to include a couple additional articles. Weinberg claimed he didn't have enough time to go through the articles.

Prosecutor Melissa McKowan stated she called Weinberg on Sunday to inform him of the additional references with the report, and she offered to fax him the copies. The defense attorney declined, saying he didn’t have a very good fax machine at home. Consequently, McKowan handed the additional reports to Weinberg at her first opportunity, Monday afternoon at 1.

McKowan countered it had taken her one or two hours to read the reports herself.

Judge Beth Labson Freeman denied the request, and the expert witness will testify as scheduled on Friday. This expert witness will testify about “seven red flags” of child molestation exhibited by the doctor’s former patients.

The final issue was replacing of one of the jurors. This juror claimed she’d spoken to her spiritual advisor and family and come to the conclusion that she would be unable to “judge” anyone. Besides, she noted, her husband had been laid off from his job this past Thursday and her own job pays for a limited amount of jury duty.

The judge questioned the woman, who looked to be of Pacific Islander descent. Judge Freeman was very much bothered by the fact the juror spoke to anyone about the case. The juror denied she’d offered specifics of the case, but the judge granted the woman’s request to leave the jury. Actually the woman was excused for speaking about the case before it was completed and speaking about it to her family and spiritual advisor.

The jury is made up of three white males, one Asian American female, two Latina females, and six white females (two may be of Middle Eastern descent). The five alternates include 1 African American female, one Asian American male, and three white females.

The defendant is not a well man. His health problems have been well-chronicled but to this writer’s eye, his coloring looks like a person with cancer—cachexic, pale with gray undertones. Since his arrest in 2005, he has gone from unaided ambulation to ambulation with a cane and now a walker.

McKowan delivered her opening arguments from the top of her head, with no notes, moving about in the courtroom, always facing the jury. She speaks in a loud and clear voice, and speaks quickly. This case will consist of the testimony of six in-statute victims, and three out-of-statute victims will provide corroborating testimony. There are ten counts of lewd acts against a child—and each count must stand on its own merit.

She previewed the testimony of each man. No surnames will be used (you will shortly read about how long that lasted.) Their stories are all similar in that there was no medical reason given for the exam, and most did not tell their parents or anyone they’d been molested.

The history of this case is well-documented and won’t be repeated here (though there may be a revised entry posted when I have more time to write). The bottom line is none of the men know each other, or even knew of each other. One of the young men, when contacted by the police, thought he was the only victim of Ayres, and was relieved to know he wasn’t the only one.

McKowan stated that the boys had been sent to Ayres solely for behavioral issues, NOT physical issues. However, the doctor told the boys that the physical exam was routine, and reminded them that he was an M.D. There were no privacy drapes provided for the boys, the exams were not done in what most of us think of as an exam room with a proper exam table.

Sometimes there were multiple physicals. Sometimes the boys reported a long touch. Others reported fondling, outright masturbation, and even ejaculation.

The doctor cautioned the boys to tell no one about the undressing or the physical exam.

There was no attention given to the boys’ modesty. There was no explanation offered to the boys or the parents as to why a physical exam was needed. There was no report of the physical exam made available to the parents.

To contrast, Weinberg used notes and a podium to deliver his opening arguments. He refuted each witness’ potential testimony, offering explanations as to why they were they were not believable or erroneous in their memories. He slipped up and called three of the men by their surnames, and as McKowan objected, Weinberg basically said “oops.” Mind you, he was reading notes, so he wrote those names down in his notes!

Weinberg characterized Dr. Ayres as physician of “extraordinary skill,” an “open and honest sex educator advocate,” an “independent thinker of courage,” who treated the whole person—including a physical exam, and believed that the physicals were needed.

There were two witnesses today: the mother of one of the young men, and Orion, a former patient of Ayres.

I found her to be a credible witness for this reason: she may not have had an impeccable memory to the smallest detail, but why would she? She and her husband believed Orion needed the psychiatric therapy for his ADD/ADHD and his learning difficulties. They utterly trusted the school administration and the school nurse when they recommended Orion see Dr. Ayres. They had no reason to be suspicious of the well-recommended doctor’s abilities.

Orion’s mother was not aware of the abuse until her son turned 21.

Neither Orion or his parents are seeking a civil judgment from the doctor.

Next, Orion testified. A handsome, well spoken young man, he was asked to identify the defendant and he was unable to sustain a gaze to describe what Ayres was wearing, and broke down crying as he described the doctor. Orion was sent to the doctor for (presumably) assessment for ADD or ADHD. However, Orion also Kleinfelter's syndrome (xxy), a chromosomal defect that affects 1 in 1000 men, though most men do not have any physical signs of the disorder. Orion is one such individual. His parents knew about his Kleinfelters only because of an amniocentesis. His only manifestation of the disorder is learning difficulties. When Orion presented to Dr. Ayres at the age of 9, he did not know he had Kleinfelter’s, nor was it one of the presenting complaints. The chief complaint was “not paying attention in class.”

Orion’s testimony was chilling. At his first visit, he recalls a conversation between the doctor, both parents and himself, though he doesn’t remember 100 percent of the conversation because it was “grown-up stuff.”

After the initial visit in the waiting room, Ayres told Orion’s parents that he needed some private time with their son, took Orion by the hand and took him into the inner office, which consisted of a table, a sofa, file cabinets and some toys and puppets. “I felt safe,” the young man reported.

“I sat on that couch,” said the young man. He says the doctor asked him to come to him in the dark corner away from the window. They played with models for a few minutes and the boy felt safe, the doctor asking with how things were with his parents. Soon the doctor told Orion he needed to check his heart rate, and took out a stethoscope. The stethoscope was placed under the boy’s clothing, and he helped by lifting his shirt. The doctor then said “why don’t you just take that off?” At that point the doctor touched the boy on the chest, and then said something about his pants. Orion had difficulty with the pants, and the doctor asked if he could help. The boy agreed, thinking this was in order. He pulled his pants and underwear to his ankles, and the doctor was sitting on a wheeled exam stool, facing the child.

“That’s when he touched me,” he said, crying as he described what happened.

Orion saw Dr. Ayres three times that he can recall, and all three times his clothing were removed and his genitals touched.

Cross-examination thus far has been working toward discrediting the young man, suggesting he is exaggerating what happened. The defense attorney speaks mumbly and throws numbers and dates around in such a manner that anyone would be confused.

Testimony tomorrow picks up with Orion. To honor this brave young man, the photo I’ve posted is of the constellation Orion.

I will write more about the miscarriage of justice done to Victoria Balfour and KGO-TV when I have more time to write. Suffice it to say I believe there are HUGE First Amendment rights being broken in both cases, and this case could and should be pursued because of the chilling effect it may have on professional journalists.

Also check out the William Ayres Watchdog blog.

Opening statements begin in Ayres trial

Local doctor's molestation trial begins

One accuser decides to drop out of Ayres trial

Phil Spector Moves Into Corcoran

UPDATED!

According to Harriet Ryan of the Los Angles Times, Phil Spector has been moved to permanent digs in Corcoran. He's in a medium security, special needs unit. There's no question this is a prisoner who has "special needs."

His wife Rachelle appears happy about the move. According to Linda Deutsch of the Associated Press, Rachelle claims her husband was mistreated at the North Kern County facility. Now that Spector is all settled in, I'm wondering if Rachelle will move to Corcoran (or a cozy little house in Fresno) to be close to her husband like she recently indicated in prior news reports.

I was quite bemused to learn this from Harriet's article:

"Spector will be permitted to have musical instruments in his cell, and inmates in his unit often sing and play music together, [prison spokesperson Stephen] Smith said."

I can envision it now, Spector creating a new prison-wall of sound with his fellow inmates. T&T readers, are you wondering as we are if Rachelle will have the chauffeur drive her up to sing on a few selections? Maybe the CD will be in stores for the many Phil Spector fans out there, just in time for the holidays. But I wouldn't get your hopes up too quickly. Phil may decide to wait a bit until he releases his next big production. There still is that pesky wrongful death suit looming on the horizon.

Update: June 24, 2009

Linda Deutsch from the Associated Press has written a newer article with more quotes from Rachelle Short (Spector) about her husband's requests. From the article:

"He wants a TV and an iPod or something like that for listening to music," Rachelle Spector said Tuesday. "And he would like to be able to receive e-mail."

Good luck with that email request Phil As far as Spector creating any new music in prison, Rachelle had this to say:

"He has not requested an instrument, and I doubt if he will," she said.

One never knows what the future may bring. It's still all very new and it will take a while for Spector to get acclimated to his private cell and surroundings. Spector could change his mind in the future about wanting an instrument. In time, he could show an interest in guiding his fellow inmates in their musical careers or orchestrating a live performance.