Zauder Gets 13 Years

Evan Zauder, the Yeshiva University graduate and Modern Orthodox day school teacher who pleaded guilty in January of last year to one count each of enticement of a minor to engage in illegal sexual activity, transportation, receipt, and distribution of child pornography, and possession of child pornography was sentenced Tuesday.

Evan Zauder

Zauder Gets 13 Years
Shmarya Rosenberg • FailedMessiah.com

Evan Zauder, the Yeshiva University graduate and Modern Orthodox day school teacher who pleaded guilty in January of last year to one count each of enticement of a minor to engage in illegal sexual activity, transportation, receipt, and distribution of child pornography, and possession of child pornography was sentenced Tuesday, YU's student newspaper, the Commentator, reported.

A spokesperson for the United States District Attorney told paper that Zauder was sentenced Tuesday to 156 months (i.e., 13 years) in Federal Prison, which is a fraction of the sentence he could have received.

Leading Modern Orthodox rabbis and laypeople, including many from Yeshiva University, wrote letters to the court before Zauder's sentencing asking for leniency for Zauder.

And, as the Commentator notes, those letters asking that Zauder be given the minimum sentence were written after it became public knowledge that Zauder had abused a child:

…The trial also revealed that on April 14, 2011, Zauder solicited sex from a male minor between the ages of 14 and 15 in a park in New Jersey and continued a relationship with the boy for several months. A text message sent by Zauder to a third party and intercepted by the FBI described Zauder “convincing Minor-1 to perform oral sex on him.”

Dr. David Pelcovitz, Gwendolyn and Joseph Straus Chair in Psychology and Jewish Education at Azrieli, special assistant to YU’s President Richard Joel, and an instructor in pastoral counseling at YU’s Rabbi Isaac Elchanan Theological Seminary, asked Judge Kaplan for the “lowest sentence permitted under the law” because of “Evan’s advanced capacity for self awareness and empathy.”

In an interview with The Commentator, Dr. Pelcovitz, who authored Child Abuse in the Jewish Community and peer reviewed publications on child physical abuse and emotional abuse, claimed that, at the time of his writing the letter, the only charge he was aware of against Zauder was child pornography use. “I would never have done this if there was a direct victim involved,” he said.

However court records show that reports of Zauder’s abuse of a minor were released in early January 2013, when Zauder plead guilty to enticement. The FBI press release related to the case was carried in multiple Jewish papers that week, while the letters in support of leniency are dated from February through April of 2013. Although the date of Dr. Pelcovitz’s letter was blacked out by the court, none of the post-trial leniency letters written in support of Zauder were dated before February 1, 2013.

“The purpose of the letter was not a clinical evaluation, it was asking that justice be tempered with mercy.” Dr. Pelcovitz, a child abuse advocate since the 1970s, told The Commentator. He urged “nuance” in this case involving his former student, arguing that “child pornography use rarely translates into physical abuse of minors [...] The letter was just saying that, maybe, Evan will respond to treatment after his jail time.”

Dr. Pelcovitz, who said prison terms for convicted possessors of child pornography were often “draconian,” hconcluded, “You have to understand that this was not arguing that he shouldn’t be punished. It’s common that people in the community argue that some of his redeeming features should be taken into account by the judge.”…

None of the letters by those affiliated with Yeshiva University acknowledged Zauder’s victims. “If there were victims I would have certainly acknowledged them,” Dr. Pelcovitz said.

FailedMessiah.com posted the letters Monday.

Zauder's direct victim(s) are not believed to be members of the Jewish community.

Related:

Leading MO Rabbis, Community Leaders Write Letters Supporting MO Child Pornographer-Pedophile.

All Evan Zauder Posts.

[Hat Tip: Sheesh.]

Comments

[Reese]

Thank you Shmarya for following up with this character's sentence. He's lucky he only got 13 years, as he could have been locked up for life.

[Robert J. Barron, Attorney-at-Law]

WOW! Only 156 months? I think I read in the sentencing memo that his guidelines range was 220-something to like 320-something...don't recall the exact numbers.

But then again, the Guidelines are (now, at this point) only advisory. Judges, however, still refer to them.

But given that the US Attorney's Pre-Sentencing Memorandum called for a sentence within his guideline range; I'd say that this guy must have a fantastic criminal defense attorney.

[Allan]

Let’s hope “13 years” doesn’t mean the usual “eligible for parole after 7 years” and ready to prey on new victims in the community.

Note to convicted “orthodox” Jewish sex offenders. Remove your yarmulke and tzitzit. Your behavior clearly demonstrates that you don’t believe there is a God watching you. You are in no way religious Jews any more than if you ate bacon cheeseburgers on Yom Kippur. So why are you dressed as though you are?

[Yosef ben Matitya]

You are in no way religious Jews any more than if you ate bacon cheeseburgers on Yom Kippur.

on the balcony of your 1st floor residence.

a sad observation. when this fellow was at his jewish highschool, there was a 'star' rabbi shaliach that was later convicted of student sex abuse upon his return to israel.
then he studied at motti elon yeshive (?) so who were his role models to emulate?
I am totally sorry for his parents that must have invested their blood and money to educate him properly only to be robbed.

[Devorah]

Dr. Pelcovitz, YOU NEED TO HAVE YOUR LICENSE TO PRACTICE MEDICINE REVOKED!!!

[Sarek]

>>the only charge he was aware of against Zauder was child pornography use. “I would never have done this if there was a direct victim involved,” he said.

How's that again??? The children being exploited are not "direct" victims?? They're only "indirect" victims? I love the forced and invalid distinction.

[MM]

"Let’s hope “13 years” doesn’t mean the usual “eligible for parole after 7 years” and ready to prey on new victims in the community."

This is a federal beef, and in the federal system there is no "parole after 7 years." Barring a highly unusual presidential commutation or the granting of a new trial due to some error or new evidence, a convict will serve a minimum of 85% of the sentence, period. The only federal prisoners eligible for parole are those who were sentenced before the Sentencing Reform Act which abolished parole in the federal system. Even the ex-governor of Louisiana Edwin Edwards, who had all sorts of politically powerful people writing letters and exerting influence on his behalf, served out the time to which he was sentenced. (He was sentenced to ten years, served eight in the penitentiary, was released to house arrest and was released from house a few months early, just a few months before the ten year sentence would have expired. The supervised house arrest accounted for the 15% of the sentence which does not have to be served by incarceration given good behavior.)

BTW upon release the 85-year old Edwards married a much younger woman and is now the father of an infant. He is also running for congress in Louisiana which doesn't mind electing convicted felons to public office. Certainly Edwards's experience gives hope for the post-incarceration life of SMR. He could give Leah a get, marry a girl just out of seminary, and sire another dozen or so children, no problem.

[percherondad]

Since when are children used in child pornography not victims? Since when do academics care so much about the fate of pedophiles and child pornographers? Since the all are on the same team. That's since when

[Isa]

Many years ago I was on a plane sitting next to a federal prison guard...
So I ask him, who among the prisoners have high status? "bank robbers and murderers"

Then I ask him who has the lowest status?
"child molesters"

How do the rest of the prisoners figure out who is a child molester?
"they might remember some crime or court case" then the guard gives me this odd look "or the trusty might clean the guards offices and a file is left open"

What happens then? the child molester is turned over to the 'gay community'

[Robert J. Barron, Attorney-at-Law]

@Isa -----> What happens then? the child molester is turned over to the 'gay community'

Ouch. That's GOTTA hurt!

[percherondad]

Mr. Pelkovics needs a lesson in the meaning of Character. You can't be a person of character and support child molesters. You can't talk about someone's good "traits" while ignoring their crimes against children. He needs to make a public statement recanting his support of a convicted pedophile and trafficer in child pornography.To say there was no victimin child pornography is absurd. No chld willingly performs in child porn, They are coerced, raped, abducted etc. but they don't sign up for open audition calls and get equity wages. Mr. Pelkovics is a disgraceto the "orthodox" community, the "modern orthodox" community and jews all over whether affiliated or not. Shame on you Mr. Pelcovicks. You have lost your own sense of morality and your own set of ethics. You are indeed a sad individual .