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November 27, 2011

Have Agudath Israel Of America And Brooklyn's DA Colluded To Allow Haredim To Violate NY State Mandatory Reporting Law?

Agudah logo redIn a closed meeting meant only for pulpit rabbis and first reported on FailedMessiah.com, Agudah security evicted anyone not pre-approved to attend. Then Agudath Israel of America's General Counsel told the handpicked audience how to deal with claims of child sex abuse in a way that skirts mandatory reporting law. And he claimed the Brooklyn DA, Charles Hynes, personally approved this end around.

 

Exclusive: The Fix Is In
A Step-By-Step Guide Explaining How Agudath Israel of America And Brooklyn’s DA Sweep Haredi Child Sex Abuse Cases Under The Rug The Rug
Shmarya Rosenberg • FailedMessiah.com

The closed-door meeting held during Agudath Israel of America's annual conference was by invitation only.

Only rabbis of synagogues were invited. Only they allowed to attend.

Agudah security people manned the door. An Agudah member, Avram Nissen Pearl approached anyone Agudah officials did not recognize and checked their IDs. Those people not pre-approved were told to leave.

Rabbi Shmuel Kamentzky, Agudah's number two rabbi, attended the entire seesion but did not speak.

Agudath Israel of America's Executive VP, Rabbi David Zwiebel, attended part of the meeting. Zwiebel is also an attorney and was previously Agudah's counsel.

Agudah's current General Counsel, Rabbi Mordechai Biser, made the presentation.

According to haredi sources at the Agudah convention who fear retribution and who requested anonymity to protect themselves and their families, this is what Biser told rabbis to do if they are told about possible child sex abuse:

1. A congregant or someone else tells a rabbi that he suspects that a child has been sexually abused. (This child could be the congregant's child or a neighbor's child or a student of the congregant or even a patient of the congregant.)

2. The rabbi asks the congregant why he believes this.

3. The congregant answers that question.

4. The rabbi tells the congregant to stay silent and allow the rabbi to handle the situation.

5. The rabbi decides whether the information he was given by the congregant rises to the level of raglayim l'davar, reasonable suspicion under Jewish law that the abuse may have taken place.

6. If the rabbi thinks what he has been told by the congregant meets or exceeds the bar of raglayim l'davar, the rabbi – not the congregant – reports the suspect abuse to a liason at the Brooklyn DA's office, not to police or to ACS (state child protection services). (This keeps trained forensic child sex abuse investigators out of the case unless the DA's office chooses to involve them. This allows the DA to fix cases without cops and ACS knowing the details. The rabbi serves as point man for the case, and the congregant – even if he is the alleged victim's parent – does not speak with or deal with the DA's office, police or ACS unless the rabbi involves him.)

7. If the rabbi does not think what he has been told by the congregant meets or exceeds the bar of raglayim l'davar, no report is made by him, and the congregant is told to remain silent, to not call police or ACS because doing so would violate halakha (and would presumably lead to reprisals from the community – reprisals many victims and victims' families and advocates have already suffered.)

8. Brooklyn's District Attorney, Charles Hynes, approved this system, including allowing rabbis to act as gatekeepers for child sex abuse allegations and to have those rabbis control contact between the congregant and law enforcement.

What this system does is allow haredi rabbis to determine which claims of suspected child sex abuse get properly investigated and which do not.

It also allows the DA to keep police, ACS and, perhaps as importantly if not more so, the media, out of the loop.

This allows the DA to quietly plead out haredi pedophiles to lesser charges that don't require prison time or placement on sex offender registries, and it allows haredi rabbis to shield their community from the public scrutiny it would certainly get if a wave of haredi pedophiles and other sex criminals were properly arrested and prosecuted.

The liaison at the DA's office is most probably Henna White, who is known as a fixer of haredi domestic violence cases and, more recently, haredi sex crimes.

White makes deals that allegedly have abusive husband's get therapy at OHEL in exchange for their wives dropping the criminal complaints against them. Sometimes the husband pleads to a reduced charge, serves no prison time and has his criminal record expunged a few months later.

Many of these abusive spouses go on to beat their wives again.

I've been told White also does this in cases of alleged child sex abuse. The pedophile is sent to OHEL for treatment, he pleads to a lesser charge or charges are dropped entirely, the pedophile is not placed on sex offender registries and his free access to children is undisturbed.

OHEL is allegedly complicit in this as is Hynes himself – and so are haredi rabbis, who use White's services, provided to them by and endorsed by Brooklyn's elected DA, Charles Hynes.

White plays a key role in Kol Tzedek, Hynes' attempt to reach out to haredi rabbis and to bring them into the process of haredi child sex abuse prosecution. What you have just read is an outline of how Kol Tzedek is allegedly being run.

Does reporting suspected child sex abuse to a liaison of the Brooklyn DA fulfil New York State's mandatory reporting law?

No. From what I've seen, it does not.

What Charles Hynes is allegedly doing is allowing haredim to skirt mandatory reporting laws. At the same time, he is perverting the spirit and intent of those laws and he is endangering children in the process.

Hynes might argue that some cooperation from haredi rabbis, no matter how minor, is an improvement, and what he doing will allow him to prosecute some haredi pedophiles he otherwise would not be able to touch.

But the truth is, the system Hynes has allegedly approved will allow pedophiles to escape prosecution or to escape meaningful prosecution, and will let them loose to offend again. And it will also hurt those few inside the haredi community and the activists outside it who have tried, often at considerable risk, to get haredi pedophiles arrested and prosecuted.

Therapy for pedophilia rarely works. Pedophiles have an extremely high recidivism rate, and pedophilia is one of the most under-reported crimes.

Most pedophiles are never reported to police or a state's abuse hotline mechanism.

The average pedophile molests well over 100 children in his lifetime.

The only thing that stops most pedophiles from re-offending is keeping them away from their potential victims.

That is best accomplished when a pedophile is incarcerated.

To get pedophiles off the streets, trained forensic child sex abuse investigators must allowed to investigate allegations without the interference of rabbis, liaisons and haredi community fixers.

Keeping cops and ACS out of the loop means that many cases of haredi child sex abuse will never be properly prosecuted because the evidence needed to properly prosecute won't be there.

Worse yet, because of the way this system is set up, the reason for that absence of evidence, and perhaps the evidence's absence itself, will never be known to the public.

It does not appear that anything of significance will change for the better in Brooklyn until the day the US Department of Justice prosecutes the violations of victims' civil rights by Charles Hynes, Henna White and the haredi rabbis Hynes is trying to please.

For haredi children, that day cannot come too soon.

Related Post: Agudath Israel To Hold Closed Door Session Of Child Sex Abuse.

Comments

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It's enough with this 'Raglayim LeDevar'.

Nothing new or unexpected here. Agudah is a money driven job house for their own hand picked functionariews.

Aguda is a disaster. Always has been a disgrace, now only more so.

I don't like the imagery of that 'Raglayim Ledevar', it's an insult to victim to relate as a body part when they likely who knows what sickness is metted out to them.

It's a kind of sick joke, i mean keep using it if you think it's not so creepy, I am done with it.

I think if the DA wishes to allow other jurisdictions based on religious law and unilaterally abrogates his own authority, this could trigger some kind of constitutional crisis. It would be better if he dispensed with the workaround and just says that he doesn't enforce the laws on these things in between 12th and 18th avenues because of lack of manpower or something.

and, perhaps as importantly if not more so, the media, out of the loop.

The media should be out of the loop until the experts determine that an abuse actually took place. Premature involvement of the media, an unprofessional brood of thrill seekers, could damage the reputation of the victim and/or the person being accused even if it turns out that the charges were unfounded.

The system must tighten up as to the precise flow of events leading from the accusation to the trial to prevent collateral damage that can't be undone.

A good many years ago there was a case involving a mother who falsely charged her husband with sexually abusing their daughter. She disregarded the courts and child welfare agencies request to keep the media out of the picture while the matter was being decided on. The media ate up her story hook-line-and-sinker. Fortunately the system prevailed the onslaught of the media and ruled for the father and stripped the mother of custody. However the scars remain on all parties to this very day.

@p

So, if I may paraphrase........

In addition to abrogation of the responsibility to determine who should or who should not be prosecuted by the DA's office in favor of religious authorities...........you also are in favor of repealing the 1st Amendment to the US Constitution.

Why the extreme of an all or nothing? This has been baffling me for a long time. If you are very concerned or suspect something, why not make a report to ACS (not the DA or police), and let them do an investigation. If its found to be true, good and if not move on.

next work out deals with Muslims so they can enacted sharia law

maybe we should write a petition to the white house?

>Most likely, nothing will change in
>Brooklyn until the day US Department
>of Justice investigates and prosecutes
>the violations of haredi child sex
>abuse victims' civil rights caused by
>Charles Hynes, Henna White and the
>haredi rabbis (and haredi bloc voters)
>Hynes is trying to please.

Start with the cases of Rabbis Mondrowitz, Brenner and Kolko.

The fixers and the DA have been doing all they can to keep the pedophiles in our community out of jail and off the public sex offender registry for decades.

It is obscene.

we live in a very very sick society and the rabbis are the most sick who would think that our rabbis are so calosly indifferent to a childs well being this is the closest to absolute evil as one can get and all fromm the people who should be most on our side unbeleivable.

The real question is, what would've happened if Levi Aron had become a Rosh Yeshiva instead of a hardware store errand boy? Would Hynes lock him up to placate public opinion? Or would he fumble the case to please the Rabbonim until there were Raglayim Ledavar?

Exactly what I thought would happen. They neutered the rabbis. There WILL be a revolt against the evil aguda cabal.

They still think they could continue handling these matters internally. Truly pathetic. A full fledged federal investigation is in order and all the past comments from Zwiebel and other Agudah officials will prove that they are guilty of obstruction of justice.

Excellent original reporting by Shmarya.

The founders of Agudah are crying in the grave over what these egoistic sadists have turned it into. With such rabbis who needs goyim!

Inasmuch as this obviously runs counter to the Equal Protection Clause of the XIV Ammendment and Charles Hynes is not that daft, I can only conclude that someone is in possession of some interesting photographs of Mr. Hynes.

Shmarya and everyone,

What will it take in order to get a federal investigation of the Brooklyn frum community, sexual abuse of children, intimidation of witnesses, and corruption in law enforcement?

Does anyone know how these things work? What does it take to get them interested in pursuing an investigation?

What about a protest and press conference in front of the District Attorney's office? To grab some media attention. Hynes is so arrogant and powerful that he feels he can do what he pleases.

How do we stop him?

Was wondering what happened with this story. Thanks, Shmarya!

I do wonder this: Is every one of these rabbis in Brooklyn? What does the poor rabbi in, nebach, Queens or (double nebach) Kansas do if he's got an abuser?

I am puzzled by the people who talk as if the police are the answer. The American police are animals. They are not your saviors and not your heroes. We really have nobody to turn to anymore. In the US anyone with power is a bastard. My advice, lock yourself in your house and don't come out.

Shmarya,
You reference a NYS Mandatory Reporting Law. Right now, as you know and have made clear on several occasions, clergy are NOT mandated reporters. While legislation has been introduced numerous times in recent years to change that, the RC Church and the Hareidim have worked to prevent such a change from being enacted.

So what's the law? Who is a mandated reporter here?

BTW, please change the possessive to plural here: "White makes deals that allegedly have abusive husband's

Yeah, that sounds about right. Career bureaucrats - worse than useless.

Where was Shafran in all of this? Isn't he still their spin doctor?

Hal- you better go for mental help before its too late you shoite.

++Office of the Chief Rabbi | November 28, 2011 at 06:00 AM++

Here is a good summary:

http://www.ocfs.state.ny.us/main/publications/Pub1159text.asp

Also this, in the case of clergy:

http://www.childwelfare.gov/systemwide/laws_policies/statutes/
clergymandated.cfm

The founders of Agudah are crying in the grave over what these egoistic sadists have turned it into. With such rabbis who needs goyim!

Posted by: Jack Ass | November 27, 2011 at 11:11 PM

not really many untra frum people blame others for everything and take meshira to an extreme

remember they are Torah Jews hence they are never wrong

This posting highlights what is probably the worst kept secret in NYC political circles. Just about everyone who is familiar with Brooklyn DA Joe Hynes and his terrible record on prosecuting haredi sex offenders knows this sordid story. In return for their support and contributions to his reelection campaigns, Hynes simply looks the other way and regularly allows haredi perverts to escape to Israel rather than indicting and prosecuting them. I'm afraid this disgusting situation will continue until a new DA (one with a lot more courage than Hynes) is elected.

...Or rather, appoint DAs for life. I think many places in the world would consider it bizarre that DAs and judges should have to stand for re-election. I know that here in Australia, judges and prosecutors are usually appointed for life, for this very reason. Otherwise, public sentiment would get in the way of their work. There is a statutory retirement age, though.

shmarya,

Have you ever counted or compared haredi sex abuse with that of the Catholic Church. I wonder who would lead

shmarya,

Have you ever counted or compared haredi sex abuse with that of the Catholic Church. I wonder who would lead

Posted by: joe lenchnet | November 28, 2011 at 11:39 AM

I once did a very rough estimate that found the numbers to be roughly equal per capita.

WSC
Thanks.
As I said, no clergy qua clergy.

CALL TO ACTION: Send the book "Abuse in the Jewish Community as a Hanukkah Gift to all Members Agudath Israel of America

It's time to educate all members of Agudath Israel of America on the issues and ramifications sexual abuse plays on Jewish communities on an international basis. A perfect way to do this is to use this months tzedakah funds to purchase copies of Dr. Michael J. Salamon's book "Abuse in the Jewish Community", and send copies to all rabbis who are members of Agudath Israel of America.

Agudath Israel of America is a very powerful and influential non-profit organization. They're decrees have a huge impact on the lives of children living within ultra-orthodox Jewish communities on an international basis.

On November 27, 2011 it was revealed that Agudath Israel of America has been colluding with the district attorney's office in Brooklyn in covering up alleged sex crimes. Once again Agudath Israel is violating the civil rights of children who are growing up in Torah observant households, by denying those who have been sexually abused a chance to heal and the opportunity to grow up in an abuse free environment.

We all have to realize that what is happening in Brooklyn is also happening in other ultra orthodox communities across the United States, Israel, Australia, South Africa, Canada, etc.

It's time to let Agudath Israel know that this type of behavior must be stopped. Let members of Agudath Israel of America know you want them to be educated by sending them copies "Abuse in the Jewish community".

It's also important to know that the book "Abuse" has made it to the Amazon's top 100 books in the category of "Best Sellers in Dysfunctional Relationships". If 30 more books are sold, Dr. Michael J. Salamon's book will make it to the top 25 in this category. So besides buying a copy for members of Agudath Israel of America, also consider buying a book for yourself.

Can you imagine what the administration of Agudath Israel would say about this "banned book", making it to the top 25 at Amazon?


Click here to purchase "Abuse in the Jewish Community".
http://www.amazon.com/Abuse-Jewish-Community-Religious-Apprehension/dp/9655240649/ref=sr_1_1?ie=UTF8&qid=1322524186&sr=8-1


Send copies of the book to:

Agudath Israel of America
42 Broadway # 14
New York, NY 10004-3889

Vicki (or anyone else) I know other people have asked you about this in the past however I just watch the famous Oprah interview can you please comment on that mainly is it you in that video and if yes why should anyone take you serious after such a nutty live on TV moment

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