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Showing posts with label Lawrence W. Daly. Show all posts
Showing posts with label Lawrence W. Daly. Show all posts

Wednesday, February 20, 2013

Forensics in Law Enforcement Investigative Issues “The Social Media Rapists Law Enforcements Newest Predator”

Posted on 9:00 PM by Unknown


 by Lawrence W. Daly
With new technology the entertainment which used to take the average single person to events at the local bar is a thing of the past. Today, single people are turning to the Internet for relationships.
These new relationship which are formed from the Internet’s many dating websites are created when individuals register their profile on these websites looking for a partner. The profile may then lead that person to become interested in one another. The dates and times of the contacts are at the h
A Special Agent of the Federal Bureau of Inves...
A Special Agent of the Federal Bureau of Investigation taking the one hundred millionth fingerprint, represented by... - NARA - 518186 (Photo credit: Wikipedia)
elm of each person where they can decide when they want to have contact with their Internet friend.
The majority of individuals who are on the Internet are good people and do not try to create environments where they will and can take advantage of others. However, just like meeting an individual at the bar, until you learn more about who this person really is there must be a process in place which protects you.
In a recent article in ABC News the title read, “Christian Mingle Date Rape Victims Sought by Calif. Cops” by reporter Russell Goldman should tell those seeking Internet relationships to be careful. The story is about a man who may have utilized ChristianMingle.com as he traveled across the country. He is identified as Sean Patrick Banks, 37, a former Navy sailor, used a fake name to contact a woman who he allegedly raped in November, cops in La Mesa, California said.
So who is this Sean Patrick Banks and is his method of operandi similar to other rapists who utilize the Internet and social media networks to prey and stalk upon women only to physically and sexually assault them?
The characteristics and personalities of these rapists are similar in many ways. They are:
1.      Generally ranging from 18-60 years of age.
2.      Average intelligence.
3.      Computer savvy.
4.      Are known to be aggressive in prior relationships with women.
5.      Have a preference for a specific age of his victim.
6.      Generally middle range income.
7.      May be married or recently divorced.
8.      Changes his name to keep anonymity and allows him to move to the next victim.
9.      He is manipulative, deceitful, lacking in honesty and integrity and plays whatever role necessary to accomplish his sexual fantasies and mission.
10.  He will dissect his victim and plan accordingly to accomplish his goal.
11.  Sexual gratification is the key to his mission and will do anything to find sexual release.
12.  He is a chameleon and is like a shift changer and will do anything to hide his real identity.
Former Special Agent Kenneth Lanning identified different type of rapists who prey upon children. In a journal “Child Molesters: A Behavioral Analysis” Lanning stated the following:
“There is a modern invention that is of invaluable assistance to the pedophile: the computer. It could be a larger computer system at his place of business or a small personal computer at his home. It is simply a matter of modern technology catching up with long-known traits. The computer helps fill their need for organization, validation, souvenir records, and to find victims.”
He wrote this statement in December of 1992 when he was an Agent for the Federal Bureau of Investigation. Unfortunately, he had no idea how the new era of digital and technology predators would behave. His foundation was admirable, laid a foundation for law enforcement to pursue the Sean Patrick Banks of this world.
FBI Badge & gun.
FBI Badge & gun. (Photo credit: Wikipedia)
However, Banks is not a pedophile he is a rapist. According to the experts who specifically treat rapists, there are at least five types of personalities that are present in this world. They are:
1.      Power Assertive Rapist – presents the victim with a weapon or alleged weapon to get her cooperation so he can rape her.

2.      Anger Retaliation Rapist – He hates women and brutalizes them during the rape. Roughly 30% of rapists fall into this category.

3.      The Power-Reassurance Rapist or Opportunity Rapist – Is one who take advantage of an opportunity to commit a rape e.g. during a burglary, robbery, or kidnapping commits a rape.

4.      The Anger Excitement Rapist or Sadistic Rapist – He wants his victim to be hurt, unfortunately sometimes killing his victims. Roughly 5% of the rapists fall into this category.

5.      Date Rapist – This is the number one type of rapist.
The experts who treat rapists have yet to create a category for the Social Media Network Rapist, but whatever these experts call him; he can now be added to the above list. Therefore, law enforcement again find themselves hurrying to find methods and techniques to adequately perform rape investigations stemming from relationships developed through the Internet.
One of the keys for law enforcement is to try and adapt the investigative methods and techniques they have utilized in adult rape victims and from what they learned from online predators who molest and rape children in tracking down these Social Media Network Rapist.
Frequently the online predator establishes a relationship with his underage victim, creating strength and love with him/her. Eventually the goal of the online predator sets up a time and place to meet with the victim. There is rarely any direct force used to entice the underage victim to have sex.
The victim is so emotionally attached they make the situation worse than it already is when they fail to advise anyone of their online relationship with the predator. Everything is done in secret and the child falls into a trap.
The adult victim generally receives the same treatment luring her into a trap. Like the child victim the Social Media Network Rapists manipulates the adult victim into believing that he is a single man with the same interests as her. He is charming and willing to share his feelings and nude photographs with the victim. Most of the pictures are from a database of nude pictures which are actually not of him. Again, the relationship becomes emotionally bound between her and the rapist. The trap is set and the meeting takes place.
The meeting generally takes place in a public atmosphere where the victim feels comfortable and safe knowing that if everything he has told her is true there will be a happy ending to the meeting.
Unfortunately, the rapist cares little about the victim except to live out his sexual fantasy and to move onto his next victim. He will try in any way he can to get her to meet at her residence. His anonymity is the key to his success in not being identified to the authorities.
This new criminal behavior is something law enforcement is not educated or trained in dealing with and more importantly pursuing and investigating who this person is. Computer hardware and software and false identity is the key to his ability to hide from law enforcement. He thinks in this matter that he can’t be identified, apprehended, prosecuted, and incarcerated.
It will take a “New Era of Law Enforcement Investigators” who have the ability to deduce from the little evidence the rapist leaves behind on his trail to accomplish his goal i.e. to capture him. Law enforcement has had the reputation of always being a decade behind in investigation methods and techniques. Victims of these types of crimes can’t wait a decade to capture these men, they need law enforcement to identify and apprehend them now.
In the Sean Patrick Banks matter he was a sloppy and an unintelligent rapist who left a ‘visible’ trail of evidence leading to his arrest. However, the “Social Media Network Rapist” will refine their modus operandi and become ‘invisible’. In the meantime law enforcement must take the time to becom
English: Standing on Pennsylvania Avenue NW an...
English: Standing on Pennsylvania Avenue NW and look up F Street NW at the J. Edgar Hoover Building, the headquarters of the Federal Bureau of Investigation in Washington, D.C., in the United States. Español: Edificio J. Edgar Hoover, la sede de FBI (Photo credit: Wikipedia)
e educated and trained in order to become sophisticated enough to educate the community about these types of predators, arrest and learn from those predators who fail to be ‘invisible’.
Further, men and women need to be aware of this new rapists. They need to use checks and balances to insure their safety. Although it may be embarrassing to them, they need to tell family, friends, coworkers, and others who this individual says he is. Failure to disclose this information may cost them their lives. It is important that the Internet dating websites post information and rules their members should follow. Sometimes people just don’t understand that there are people out there who will harm them.
           
Lawrence W. Daly
www.onedaly.com
206-650-0229
onedaly@onedaly.com
Kent, WA


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Posted in ABC News, California, ChristianMingle.com, Criminology Amp Justice, Federal Bureau of Investigation, La Mesa California, Lawrence W. Daly, Rape, Sean Patrick Banks, Spark Networks | No comments

Thursday, February 7, 2013

Today’s Investigative Special Report – February 8, 2013 “Dealing With Todays Law Enforcement Specialized Investigations” “When Law Enforcement Crosses The Line And Has Sex With Inmates”

Posted on 9:00 PM by Unknown

By Lawrence W. Daily MSc
Forensic Investigator
In finding equality amongst those in society who want to work in the law enforcement and correctional professions the opportunity for sexual misconduct has become a major problem. It seems the broader the equality in the criminal justice system the more problems become apparent.
In the New York Magazine there is a story about a guard who gets pregnant by a cop killer. According to the article, a female corrections officer in Brooklyn was charged today with sexual abuse of an inmate for having inappropriate relations with a convicted murderer.

The criminal complaint alleges that Nancy Gonzalez, the guard, is now eight months pregnant with the child of inmate Ronell Wilson. Wilson killed two undercover police officers in 2003 and was sentenced to death. Further, the sex acts occurred in front of other inmates for over four months.
The story is to be aired on Lifetime in the near future. Wilson who was granted a new trial because he is alleged to be mentally retarded allegedly can’t receive a death sentence. Gonzalez stated, “I took a chance because I was so vulnerable and wanted to be loved and now I am carrying his child.”

Is the Gonzalez and Wilson an isolated incident or is this more common than society is being told about? There are many situations which have been discovered because either the inmate becomes pregnant or the guard becomes pregnant. Some of the time the guard who is forcing the inmate to have sex is apprehend as the inmate will tell another guard or person about the forced sex and law enforcement performs an undercover operation and apprehends the guard.

In Togo, Minnesota a correctional guard, James Allen Bongaarts’, 56, was arraigned in court on December 3, 2012 for having sex with an inmate. According to the criminal complaint, Bongaarts’ is charged with several Criminal Sexual Conducts and was released on $50,000 bail. The criminal charges stem from allegations that Bongaarts’ had sex or tried having sex with a female inmate over the last two months at the Minnesota Correctional Facilityin Togo.

At the West Virginia Regional Jail Authority correctional officer William Roy Wilson of Beckley, Virginia was being held in an isolation cell on $75,000.00 bond. According to spokeswoman Ashley Bennett an inmate brought the allegations against Wilson to authorities. An internal investigation took place and the case was turned over to West Virginia State Police.

A correctional officer with the Baker County Sheriff’s Office of Baker County, Florida was charged with having sex with a female inmate. Correctional officer Tarrece Givens, 27, was on duty. He has worked at the Center since September, 2011.

In New Castle, Delaware, the Delaware State Police stated that correctional officer Larry R. Clinkscale, 40 years old was arrested. According to Delaware State Police stated that Clinkscale allegedly had sexual relations with a 23 year old female inmate. According to the inmate Clinkscale propositioned her when she was assigned to clean the floor to have sex with him in a nearby closet.
The problem of correctional officers having sex with inmates does not just exist in the correctional profession. The sexual contact between inmates and law enforcement officers is a problem as well. When an individual is put in the position of authority where they have control over another person’s freedom and they can restrict, manipulate, abuse, assault, attack, molest, rape, and etc. that person, it is a crime.

These are just some of the reasons correctional officers and law enforcement officials have the opportunity to sexually assault inmates. These problems can be eliminated if the hierarchical set in place specific safeguards and guidelines for officers to abide by and follow. They are as follows:
1.      Establish and enforce law enforcement and correctional ethical standards of conduct. The Florida Department of Law Enforcement created such an ethical standards of conduct which specifically outline what an officer’s conduct will be at all times.
2.      Install video cameras in every area of a correctional facility. Officers and inmates know where there are blind spots in the videotaping of any and all activity. An internal review of each correctional facility should isolate and demonstrate that there are such blind spots and steps to eliminate them should be aggressively addressed.
3.      Install video cameras and digital recorders in and outside of law enforcement vehicles where inmates can be seen and heard at all times.
4.      Supervisors should monitor the conduct of their subordinate’s e.g. showing up at traffic stops, check on the status of an individual who has been placed into custody and is in an inmate holding cell, show-up at the locations the officer is responsible for during specific times.
5.      Although it is less expensive to have one officer perform a task, assignments which may cause an officer to be put at risk or place an inmate at risk should be a two officer assignment. Although the integrity of the officer is being questioned another view point by the officer is that having two officers assigned to a specific detail protects him/her from false allegations from occurring.
6.      There should be education and training for officers in how to prevent themselves from becoming a victim of opportunities which may cause them to sexually act out with an inmate. The education and training would provide substantial steps the officer would take at the time of the opportunity to act out.
7.      Specific assignments may require a female officer to be responsible for female arrestees or inmates and the same with male officers being responsible for male arrestees and inmates. In situations where there needs to be a pat down or strip search it is important that this is performed by the same sex. There will be situations where the only person to perform a pat down is an officer and inmate of the opposite sex because an officer isn’t available to assist. Male and female officers are taught how to handle these types of circumstances, such as using the back of their hands when performing the pat down search.

The majority of law enforcement and correctional officers would not take any substantial steps and act out sexually towards a citizen, arrestee, or inmate. There is no excuse for an officer no matter what his/her responsibility is at the time of the sexual misconduct to abuse his/her power of authority.
If law enforcement and correctional hierarchies would push prosecutors and prosecutors were to push the courts to incarcerate officers who step over the line sexually and demand they receive the maximum sentence for their conduct, just maybe some of the officer’s thinking about their conduct would be something they would take seriously. Punishment is something which makes people think about their behavior and the opportunity which may have been present but they passed on it because of the severe consequences.


 
Lawrence W. Daly
www.onedaly.com
206-650-0229
onedaly@onedaly.com
Kent, WA





Also by Lawrence W.Daly:
Detectives Stocker and Hall are chasing a serial killer that targets twelve year old girls, and he has Brittany.  The clock is ticking, and time is running out to save her, will they find her and Victor in time?  Get this suspenseful novel today to find out!

                





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Posted in Criminology Amp Justice, Delaware State Police, Florida Department of Law Enforcement, Lawrence W. Daly, prison, Prison officer, Ronell Wilson, West Virginia, William Roy Wilson, Wilson | No comments

Thursday, January 31, 2013

Today’s Investigative Special Report – February 1, 2013 “Dealing With Todays Law Enforcement Specialized Investigations” “The “Fingerprints” Of a Child Sexual Assault Investigation – Part V”

Posted on 9:00 PM by Unknown


By Lawrence W. Daly, MSc

ForensicExpert – Senior Author


Sex Offender Data Sought From MySpace
Sex Offender Data Sought From MySpace (Photo credit: methodshop.com)
Since the explosion of the child sexual assault era in the late 1970s and early 1980s one of the laws which was passed in the majority of States were individuals who wanted to work around children have to be fingerprinted. This step provides a pseudo type registration in that once an individual is fingerprinted those fingerprints are registered in the National Automated Fingerprint System (NFAIS).
In most States, individuals who sexually assault children are required to register at the local police department that they are a sex offender and at that time provide the police with their information. This information includes all of their personal information, where they work, and the types of vehicles they own, to who their family and friends are. Law enforcement wants to know everything about them. Sex offenders may be able to control their behavior, but they will always be an offender.
The purpose of this information is to identify and profile this individual in case ‘if’ a child is abducted or sexually assaulted or murdered, law enforcement will be able to review each sex offender’s method of operandi and determine if they could be a viable suspect.
In child sexual assault investigation (CSAI) the second characteristic of “Daly’s Twelve Investigative Characteristics to Finding the Truth” is registration. The reasons for registration being one of the characteristics are as follows: The District Detective needs to consider the following:
Registration - Perpetrator upon being convicted of a sex crime is required by law to register as a sex offender

1.      Like a fingerprint once the perpetrator is placed into the local, state, and national registration for sex offenders his fingerprints will always remain in the system. His method of operandi, sexual preferences, and everything about him will be placed into the registration.
2.      The location of the sex offender’s residence may become important to the District Detective as if a CSAI is committed by the sex offender’s residence it is common sense that the local offender may have been involved in the crime.
3.      The sex offender will be required to establish an alibi i.e. where he was when the crime occurred.
4.      The physical, biological, and trace evidence found at the crime scene can be quickly matched with the possible sex offender.
5.      A montage, sometimes called a “show-up” which is a series of photographs of potential sex offenders can be shown to the child victim. The District Detective is responsible in making sure that the array of photographs are similar to the individual they have focused their investigation on. This investigative procedure is performed so at a later time the montage is not thrown out by a court because law enforcement were suggestive or pointed the child victim to the sex offender they had in custody.
6.      If the crime scene technician (CST) locates a fingerprint, then he is to advise the District Detective. The District Detective would then have the CST take the fingerprint to the NAFIS and have the fingerprint compared. However, there is new technology in this area, where fingerprints can be lifted (collected) and immediately put into a portable fingerprint scanner. Further, the MorpholDent Portable Fingerprint Scanner allows field identification of a suspicious person without taking the officer off the street to bring the individual to a precinct office or jail.

Kenny Ray Morrison convicted sex offender
Kenny Ray Morrison convicted sex offender (Photo credit: Wikipedia)
The cost of the new portable fingerprint scanner can be analyzed as reducing the number of manpower hours that it costs an agency to take a fingerprint to the police station or the State Crime Laboratory for examination and analyzation. The same is true if you have to take one of the district cars out of service to fingerprint an individual you believe is not who he says he is; may be illegally in the United States; may have a warrant out for his arrest; the latter; and so forth.
The value of the locating, identifying, and collecting a fingerprint at a crime scene is like striking oil. If the perpetrator’s fingerprints are in the NAFIS then there is the possibility depending on the characteristics of the fingerprint that there will be a match.
In CSAI cases the need for fingerprints is not as important as if the CT was processing the crime scene of a homicide. In regards to the identification of the perpetrator, in 95% of the sexual assaults committed on a child, the child was found to be either related to or knew him. It is only the remaining 5% where identification is an issue.
In the 5% of stranger cases, having the most up to date information about where the sex offenders live is vital. If the sexual assault occurred in the vicinity of where a sex offender works or lives, this situation can be like the value of obtaining a fingerprint. The method of operandi may be specific enough to make the individual a ‘person of interest.’
In several studies individuals later identified as sex offenders admitted to committing the crime 75% of the time. Most of these individuals have been through the criminal justice system and understand how the legal system works. If the individual confesses that he has a sex problem he may be thinking that he has been caught now so it is time to play the role of how sorry he is and how he needs treatment.
The goal of the detective should be to maximize all his resources immediately once the child sexual assault has come to the attention of the authorities. In homicides the investigative ideology is law enforcement has 72 hours in order to identify, locate, and apprehend the perpetrator.
In child sexual assault cases 50% of the time the sexual assaults are reported immediately. The problem for law enforcement is that the other 50% of the sexual assaults could be as old as sixty-years ago. The perpetrator may be dead or is in a nursing home and non-prosecutable. The physical, trace, biological, and medical evidence and testimony of witnesses generally no longer exists.
The correlation between the second characteristic of Daly’s twelve investigative steps, is as important or may be as important as any of the characteristics. Solid evidence such as a fingerprint can be utilized in such a way that the judge or jury should be influenced to either convict or clear an individual from being convicted.
Registration of sex offenders and their fingerprints of these offenders across the United States have been remarkable and have made a major difference for child victims. The National Center for Missing and Exploited Children (NCMEC, 2012) released the results of their latest survey regarding the number of registered sex offenders in the United States. The organization’s most recent survey of States found there are 747,408 sex offenders registered in the United States. Since 2006 there has been a 23% registration increase.
These findings provide a positive and successful relationship between the quality of investigation being performed by law enforcement and crime scene technicians to the registration of sex offenders. The greater the number of registered sex offenders identified the more likely law enforcement will be able to identify the offender, prosecute them, and send them to prison for life. These results occur when law enforcement can identify the sex offender because of his specific method of operandi and is tagged as being the one where a child was sexually assaulted.
Law enforcement needs to broaden their capabilities by having access to resources such as the portable fingerprint scanner, the new procedures in processing fingerprints, the new procedures of identifying sex offenders, the new procedures of how to interrogate sex offenders, and etc. In providing new tools to use, law enforcement proficiency rates will be successful.
The future of obtaining critical evidence by law enforcement and providing a case full of evidence that the prosecutor can use to prosecute sex offenders may make the difference if the sex offender is found guilty or not guilty. Law enforcement’s fact finding investigation mission has to be at the level competence, intelligence, reliability, and credibility which provide avenues for them to create and innovate new child sexual assault investigations methods and techniques.
Lawrence W. Daly
www.onedaly.com
206-650-0229
onedaly@onedaly.com
Kent, WA









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Posted in Criminology Amp Justice, Lawrence W. Daly, NFAIS, Sex offender, United States | No comments

Today’s Investigative Special Report – January 31, 2013 “Dealing With Todays Law Enforcement Specialized Investigations” “When Law Enforcement Fails To Mirandize A Perpetrator The Results Can Be Alarming”

Posted on 6:23 AM by Unknown


By Lawrence W. Daly, MSc

Forensic Expert – Senior Author

The basics of being a law enforcement officer is at the police academy is learning why a person of interest or an individual who is arrested needs to be read their Miranda Warnings. Failure to Mirandize a perpetrator may have an alarming effect on what will happen to that individual. If th
New York City Police Department
New York City Police Department (Photo credit: Wikipedia)
e law enforcement officer receives a confession from the prime suspect and the officer failed to follow the law, it is possible that the confession will be thrown out in a court of law.
Duane Lester reporter of LibertyNews reported on January 29, 2013 that Arey Eller, 46, a New York City teacher in 1998 was criminally investigated and disciplined for making sexually harassing statements to female students. According to the school district investigator, Ed Stancik alleged that Eller’s behavior at time was loony and lecherous, among them:
1.      He told a student “You have a beautiful face and body and the way you dress ‘disturbs me’.”
2.      He pulled her into an empty room and blurted, “I love you.”
3.      He asked another student to lift her shirt to show off her butt, stating, “God bless, you have a nice ass.”
4.      He turned off the classroom lights during a movie, danced with open arms, and touched a girl’s shoulders. The girl allegedly screamed.
5.      He admitted and stated that “I have a crush on a girl, telling her she was “well developed” and “would make a good wife.” He then hugged her “very tightly” and confided that “he wouldn’t just fall in love with any girl…and that age doesn’t matter.
Eller who worked for only one year as a full-time teacher in the New York City public schools has been collecting almost $1 million dollars for doing administrative duties such as filing paperwork, answering the telephone, and working in what the school district has name the “rubber rooms” which is where teachers who potentially pose a danger to students are assigned until their cases are resolved.
In Eller’s case he has been working in the “rubber room” for over 14 years making $85,000 plus benefits per year. The housing of Eller into a “rubber room” seems to be something from a ‘Fairyland Tale” story. If he was “sexually harassing students” what could be as simple as firing him? Forget the confession being tossed, what about the testimony of the female victims.
The school district tried to fire Eller’s in 2000 but he was not fired because of a technicality. The technicality was during the criminal investigation, law enforcement failed to Mirandize him. The hearing officer who decides whether tenured teachers can be fired dismissed the case, ruling that Eller wasn’t told his rights.
The Board of Education failed to investigate the complaints in 1998, sending Eller for a medical exam and then back to class. Meanwhile, he gained tenure and job protections as the alleged investigation became a drawn out process.
According to many social media sources Eller’s confessed to numerous allegations that he sexually harassed female students. The information about who did not advise Eller’s of his Miranda Warnings is not explained in the social media resources.
It is reasonable and logical that the police are the only criminal justice agents who are required to advise an individual of his Miranda Warnings. If the school district investigator Stancik was acting as an agent for the police he too would be required to advise Eller’s of his Miranda Warnings.
If Eller’s case was just a one time situation maybe just maybe the community could over look his case. However, according to Daily Mail Reporters, sixteen teachers were all reprimanded for inappropriate behavior are still in their jobs.
It appears there may be many communication problems occurring with who is responsible to investigate a child sexual misconduct allegation(s) and to pursue criminal charges if necessary under the law. In the Eller matter there were multiple claims of sexual misconduct. In the other fifteen sexual misconduct performed by teachers there were numerous crimes committed. So where were the police in these cases?
The law in most States requires educational institutions to report any allegation of sexual or physical abuse to law enforcement if there is a “reasonable suspicion” that the act occurred. It is not up to the educational institution to investigate a claim of sexual or physical abuse. They are to report their “reasonable suspicions” to law enforcement.
The technical errors which granted these 16 teachers to remain on the job indicate a problem within the New York City School District and the New York City Police Department. It would be necessary to review each case to come to a reasonable investigative conclusion of why each of these teachers were allowed to remain on in “rubber rooms” type scenarios.
In evaluating why these teachers were allowed to remain teaching after sexual abuse or harassment was reported here are some of the reasons things went sideways in their cases:
1.      The school district has an agreement with the New York City Police Department that when a sexual or physical abuse situation occurs, the school district investigator will investigate the claim prior to contacting law enforcement.
2.      The school district investigator has police powers but they are limited.
3.      In acting as a law enforcement agent the school district investigator would be required to follow the proper criminal procedures that law enforcement follow e.g. advising the perpetrator of their Miranda Warnings.
4.      The school district investigator and law enforcement work together in performing the investigation. It is possible the school district investigator would investigate the initial allegations and then call law enforcement. Upon responding to the school where the incident took place law enforcement would be briefed by the investigator and then law enforcement would take the investigation from this point forward.
5.      Law enforcement investigated the initial complaint, teachers such as Eller’s were contacted, but they failed to Mirandize him.
There are many reasons a law enforcement officer must Mirandize a person of interest. If law enforcement has narrowed their focus on an individual as the person who may have committed the crime, then they must administer the Miranda Warnings. If during an interview of a witness it becomes apparent that an individual who is giving law enforcement information discloses a piece of evidence only the perpetrator would know, then law enforcement are required to stop him and advised him of the Miranda Warnings.
What is happening in the New York City School District is no different than what occurs across the United States. Generally, the Board of Education who perform the investigations independently of what law enforcement does, they may investigate the allegations two to three years after the allegations were made. The problem is there are many complaints and only a few investigators to handle the case load.
Failing to perform the investigation two to three years after the allegations have been made is incompetence and illogical. In the United States teachers have one of the highest sexual assault allegations rate specifically because they deal with children on a daily basis; it is common sense. The opportunities for the teacher to act out are present during a school setting where the teacher and student are alone. Sometimes the teacher is so confident the school district will not discipline him he will sexual or physically act out towards a student.
Parents share some responsibilities in sexual and physical abuse situations. If a child is assaulted or harassed in any way, the child should have an open door policy with their parents to discuss what a teacher did to them which was inappropriate or a crime. Parents can then decide what law enforcement or school district involvement there should be.
The ultimate responsibility is for the student to tell someone that a teacher is making them feel uncomfortable. In the Eller’s matter, as soon as he made his first sexual comment he should have been reported and removed from the classroom. Failure by the student to report is and always will be an issue as being sexually harassed or assaulted is an embarrassing situation for the student. It is important that parents and the school district teach children how to report a teacher for misconduct of any kind.
Whoever the individuals are who are responsible for the 16 teachers in the New York City School District to remain in their job, it would be prudent and logical that new procedures, policies, and a process which mandates how an allegation of sexual and physical misconduct by a teacher is handled. Just maybe the Eller’s of this world will not only be placed in a “rubber room” but one with bars around it; never to see daylight.


 
Lawrence W. Daly
www.onedaly.com
206-650-0229
onedaly@onedaly.com
Kent, WA




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