Orthodox Social Worker May Be Called As Witness Against Alleged Haredi Child Abuser, Judge Rules

Brooklyn social worker Gavriel Fagen may be called as a witness against Yosef Kolko, (pictured at right and below).

 

Yosef Kolko, a former teacher at Yeshiva Orchos Chaim in Lakewood who was also previously a counselor at Yachad summer camp, is accused of sexually abusing an 11-year-old boy from that summer camp.

Last year, Kolko – who is a nephew of notorious child molester Rabbi Yehuda Kolko – was charged with aggravated sexual assault, attempted aggravated sexual assault, sexual assault and child endangerment.

But before those charges were filed, the victim’s father took the sex abuse allegations to a Lakewood beit din (religious court). The beit din retained Brooklyn social worker Gavriel Fagen to interview Kolko and, based on that interview, to determine the legitimacy of the allegations against him.

During the interview with Fagen, Kolko was told that information Fagen gathered from the interview would be reported to the beit din. Kolko agreed and signed forms allowing that to happen.

But the beit din process broke down, the beit din was disbanded (leaving Kolko unsupervised), and the father of the alleged victim reported the alleged abuse to police.

The victim's father was then harassed by Kolko supporters, at least one of whom is now facing criminal charges for witness tampering as a result, and Lakewood rabbis issued a proclamation against the father, which in part read:

"And if, in fact, he has transgressed and has gone so far as to bring the matter to the secular (nonreligious) courts, he is, perforce, obligated to do everything possible in order to remove any scintilla of accusation against the other party from the secular courts. And it need not be stated that it is forbidden (for him) to continue to cooperate with them (secular courts) and to assist them in their efforts to pursue a Jew.''

Rabbi Yisroel Belsky, the dean (rosh yeshiva) of Yeshiva Torah Vodaas in Brooklyn and a the co-rabbinic authority for the Orthodox Union's kosher supervision arm, OU Kosher, also condemned the father:

"Such behavior (as that of the victim's father) wouldn't be tolerated'' elsewhere. "When your child tells you something, you don't go straight to a prosecutor, you go to a Bais Din and let them examine the (evidence).… "there's no evidence at all'' against Kolko.

The OU has yet to publicly distance itself from Belsky's remarks.

The prosecution in Kolko’s case wanted to call social worker Fagen as a witness at trial. Kolko’s attorney objected.

Yesterday, a judge ruled that Fagen may be called as a witness and, according to the Asbury Park Press noted:

“I think that it is not a small factor to be considered that (the Beis Din) is a parallel justice system ... within a closed community… I’m satisfied that during the course of the sessions, given that it was to be shared with other individuals, that the defendant sufficiently waived privilege.’’

At a hearing in March of this year, Fagen testified that Kolko spoke with him about the alleged abuse. “There were a lot of specifics," Fagen said.

Kolko’s trial is tentatively set for April 2, 2012.

Comments

[seymour]

this story proves that the rebbies are lying when they say if they feel there is enought proof they will alow one to go to the police.

In this case the molester admitted it and yet they still did not go to the police and harassed the family for going to the police.

I do not know the logic for this unless there is something hidden in the talmuld that a rebbie can molest a child and the rebbies feel it is not an avera and maybe some secrete rite of passage for a yeshiva boy

[jancsipista]

i think not only is there a parralel justice system here we also have a parrelel universe in which everything is the opposite of our real world where the molester is the victim and the molested is the villain, this tragically shows how upside down everything is in this closed frummy society, evil reigns in that society.

[Yoily Weiss]

Please go to the police if you suspect abuse. Safek nefashos lehakel - if there is even a shred of doubt that someone's life is in danger, you can be lenient in all halachos (except for the three cardinal sins).

Every sexually abused child is in mortal danger, and you have a Torah obligation to protect him. If going to a beis din will risk sabotaging the case, you have no right, al pi halacha, to go to beis din. That is my p'sak.

[Adam Neira]

On this issue especially the law must take precedence over tribal loyalty. Moses reiterated three times at the end of his life the importance for the Jews to obey certain laws.

[ah-pee-chorus]

i like this ruling but i wonder what kind of intense pressure the social worker will face from the same rabbonim with whom he was obviously on good terms. so much so that the beis din retained him.
i would imagine in keeping with their history they will lean on him to say nothing.
i hope the judge has his eyes open to the possibility.

[inlakewood]

The Lakewood scene is not that straight forward. There is a broad consensus that there should be a Beis Din to handle the first suspicion according to Halacha before going to the police if necessary. But most rabonim think the BD under R.Salomon that used to handle this was a kangaroo court. Guilty until proven innocent, underhanded techniques etc. That is why the BD was shut down, and that is why the gedolim in Israel came out against R.Salomon so strongly. Those who supported the old BD deny all this and are hoping for a conviction in this case which will vindicate them. I am told that they in fact are pushing this therapist to come up with this report 2 years later. I presume he has an answer as to why, as a mandated reporter (in NJ everyone is) he didn't say anything for 2 years...

[R. Wisler]

Adam, you make the mistaken assumption that hareidi Jews give anything more than lip service to Torah. Their religion is no more or less legitimate than is Islam. Made up "minhag'im" and fealty to false and evil leaders. The hareidim know nothing of Torah except how to "blow a kiss" to it when the rolled up scrolls pass them by in their "shul". A sham religion.

[Flatbusher]

To R. Wisler @ 7:32

You are beyond the pale. Strong critcism yes; following blind kool-aid authority in every situation, is debatable in civil discourse. But to smear a whole religioin, beautiful minhagim, a tradition forged in fires of Torquemada & Auschwitz, is unacceptable and stupid.

Stick to logic not to hate.

[Moshe aron Kestenbaum,Williamsburg ODA]

Rabbonim have absolutely no experience in such cases of sexual abuse and should not be consulted with before going to the authorities, the only place to report such cases is the POLICE DEPARTMENT

[jancsipista]

flatbusher- no one smears the religion as much as the hareidim they themselfs bring on such hate because of their repugnant behaviour especially the handling of the moleters its unspeakable evil to not act on it and wait for decades to start doing something about it it stinks to high heavens , so get it through youre thick skull they themselfs are their own worst enemy.

[R Schachter]

Not so Simple for Beis Din.

According to Rashi in Avodah Zoroh (20b), there is no harm to the child who is the recepient of a molestation. According to Rashi, only the perpetrator losses out, because he did a sin (a gay sin).

[seymour]

To R. Wisler @ 7:32

You are beyond the pale. Strong critcism yes; following blind kool-aid authority in every situation, is debatable in civil discourse. But to smear a whole religioin, beautiful minhagim, a tradition forged in fires of Torquemada & Auschwitz, is unacceptable and stupid.

Stick to logic not to hate.

Posted by: Flatbusher | May 19, 2011 at 07:50 AM

stop bringing in the holocaust

people died because they where Jewish polish and many other reason

frum was not one of them

[Gevezener Chusid]

R. Schacter... why do you call it a "gay sin"? Most child molesters are heterosexuals and many of their victims are little girls. Not gay.

[R Schachter]

To Gevezener

Because the Gamoroh in Avosdah Zoroh happens to be talking about, not leaving a young boy alone in a Goy's house, and Rashi says that the reason is, 'so as not to cause the Goy to have a sin of Mishkav Zochor'.(Lifnei Iveir Lo Sitan Michshol).

[jancsipista]

r.schachter- you are the most despicable person on the face of this earth how in the universe doesnt it hurt the child only the molester you cannot be dumber the you are youre vile despicable and a shoite to touch a child in her or his most private parts to you means nada nothing no one has the right to touch a child especially in his private parts wow how dumd can anyone get this is too much,youre a moron on top of all morons.

[R Schachter]

The Rashi is, in Avodoh Zoroh, Page 15B, Line 40.

According to Rashi, it seems, that if the child had been a girl, than there is no problem.

A different world.

[seymour]

The Rashi is, in Avodoh Zoroh, Page 15B, Line 40.

According to Rashi, it seems, that if the child had been a girl, than there is no problem.

A different world.

Posted by: R Schachter | May 19, 2011 at 10:59 AM
if rashi would be alive now he would say it is preferable to leave a child with a goy than a yid to prevent their yid in committing a sin

[seymour]

To Gevezener

Because the Gamoroh in Avosdah Zoroh happens to be talking about, not leaving a young boy alone in a Goy's house, and Rashi says that the reason is, 'so as not to cause the Goy to have a sin of Mishkav Zochor'.(Lifnei Iveir Lo Sitan Michshol).

Posted by: R Schachter | May 19, 2011 at 09:48 AM

could this logic be the reason for not reporting a child molester since there is no harm to the child as per rashi

I wonder

[strivingfortruth]

I learned that "there is no problem" means that the child is still considered a virgin according to halacha, if they are raped at such a young age. It does not mean that the child does not have problems because of the rape.

[R Schachter]

To Strivingfortruth

Look it up.

The Gemarah tells us, not leave young children alone with a Goy in the Goy's house; and Rashi says that the reason is, "'Because you are harming the Goy, by causing the Goy to be Oiver an Aveiru, because a Ben Noach is also forbidden in Mishkav Zochor, so it's Lifnei Iveir".

[A mispallel]

I davened in the Rabbi's shul for 5 years. He is a brilliant man with an air of absent-mindedness about him. He is gentle, soft spoken and would never hurt a fly. The way he has been treated is abominable. He followed all the correct procedures, even first talking with a Beis Din before dealing with the police. My admiration for him as a father exceeds my respect of his grasp of Shas and Poskim. I feel that he has taught me such a valuable lesson about standing up for what is right and to not cave to social pressure. Rebbi, you will always have my respect and support wherever your life takes you,

[corn popper]

Detroit is enjoying him.

[corn popper]

not 2close2detroit, just plain detroit

[seymour]

I davened in the Rabbi's shul for 5 years. He is a brilliant man with an air of absent-mindedness about him. He is gentle, soft spoken and would never hurt a fly. The way he has been treated is abominable. He followed all the correct procedures, even first talking with a Beis Din before dealing with the police. My admiration for him as a father exceeds my respect of his grasp of Shas and Poskim. I feel that he has taught me such a valuable lesson about standing up for what is right and to not cave to social pressure. Rebbi, you will always have my respect and support wherever your life takes you,

Posted by: A mispallel | May 19, 2011 at 01:27 PM

the social pressure is not turning him in

you have it backwards

[Jack]

not in lakewood, seymour

[seymour]

not in lakewood, seymour

Posted by: Jack | May 19, 2011 at 04:04 PM

so in lakewood they want to turn people in, i do not think so the mentality is hide it at all cost

[jancsipista]

seymour- its a nobrainer they all want to hide it because it represents them their own prodigy,this is the byproduct of their fanatical isolation and holier then thou attitude they cant face up to it , they cant admit their failure that a rabbi should molest a child is beyong evil all the rabbi molester all their life learn toireh and in one second they destroy themselfs and the toireh so it is impossible for the rabbis to admit to such imperfection, they all need intense therapy the ones who arent molesters also

[corn popper]

i feel bad for everyone involved in this case. the kid - obviously. his parents - spaced out brilliant - nice people uprooted to a different community. kolko - innocent until proven guilty - a pathetic loser who no matter which way this turns - his life is screwed. his parents - nicest people you could ever meet - simple, quiet, honest - they struggle for parnassah - theyre screwed - other siblings shiduchim messed up.

just sadness all around

where mm3 when we need him

[Jack]

Corn Popper,
In legal courts he is innocent until proven guilty, but will you let him babysit your children or be in the pool with your son at camp until then? Please explain what you mean!!

[Daniel]

Chabdeihu V'Chashdeihu

[former masmid.]

i am becoming more and more turned off from religion with each passing day.

[Mack]

Dear Former,
And WHAT are you getting turned onto instead?