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This email was copied from its original PDF which can be found at http://www.garabedianlaw.com/mitchellgarabedian/inc/garabedian.pdf

MITCHELL GARABEDIAN

Mitchell Garabedian is a Boston Massachusetts attorney specializing in sexual abuse cases.1 He has become an internationally recognized advocate on the topic.2 He began practicing law in 1979 as a lawyer who represented individuals including victims of injury cases.3 Attorney Garabedian became widely known for his representation of victims or survivors of Roman Catholic Church clergy sexual abuse in the 1990’s and 2000’s.4    Over his career he has so far represented more than 600 victims or survivors of clergy sexual abuse.On the A&E TV program Sins of a Priest: The John J. Geoghan Story, Mitchell Garabedian’s efforts to expose the secrets of the Roman Catholic Archdiocese of Boston were described by Boston Globe Pulitzer Prize winning journalist Walter Robinson, “Mitchell Garabedian, by going to court and filing suit, essentially pried open Pandora’s box.”6

As a Lawyer

After joining the Bar in 1979, Attorney Garabedian built a general practice around representing individuals.7 His practice specialized in cases involving personal injury, divorce, immigration, bankruptcies, and minor criminal matters.8 It was not until the mid-1990s that the clergy sexual abuse crisis became the focus of Attorney Garabedian’s practice. 9 While records now publicly available show Catholic clergy in Boston had for decades been sexually abusing children this was a well kept secret of the Boston Archdiocese in 1995.10 In the mid 1990’s Attorney Garabedian began to meet with victims or survivors who as children had been sexually abused by Father John J. Geoghan. Father Geoghan was a

Roman Catholic priest of the Boston Archdiocese who would later be accused of sexually abusing over 140 children.11 In 1996 Attorney Garabedian filed suit against Father Geoghan, a foreshadowing of the massive litigation to follow naming hundreds of Catholic priests and dioceses throughout the United  States and ultimately the world.12

In preparing for the trials of the Father Geoghan cases, Attorney Garabedian pressed Father Geoghan and the Boston Archdiocese to produce documents regarding Father Geoghan’s conduct.13 The Archdiocese for years resisted complying with those subpoenas claiming the First Amendment protected the documents.14 Attorney Garabedian successfully argued he only wanted the court to order the Church to produce documents concerning Father Geoghan’s misconduct with children; not Father Geoghan’s religious belief or performance. The court agreed and ordered documents produced pertaining to Father Geoghan’s conduct and behavior.15 The Boston Archdiocesan records produced pursuant to court orders showed senior officials of the Boston Archdiocese knew from at least 1980 that Father Geoghan had sexually abused multiple children.16 Yet, these records also showed the Boston Archdiocesan officials kept reassigning Father Geoghan to new parishes, where his predilections to abuse children were unknown.17

While Attorney Garabedian learned of this history he was precluded from revealing the information by a court order the Boston Archdiocese obtained requiring Attorney Garabedian and his clients not to reveal what they discovered prior to trial.18 The Boston Globe, with the support of Attorney Garabedian’s clients, successfully petitioned the court to gain access to the secret documents Attorney Garabedian had uncovered.19  When those documents were released to the Globe in January 2002 and subsequently published,  for  the first  time,  people saw that  the  Boston  Archdiocese  was  knowingly reassigning an admitted pedophile priest to unknowing parishes.20     This was a watershed event as it showed the Catholic hierarchy was knowingly reassigning a priest who admitted to being a pedophile.21n n Litigation that followed revealed this was too often a common practice. 22  In a February 2003  article about a Suffolk County, New York, Grand Jury report concerning pedophile priests within the Diocese of Rockville Centre, New York, the New York Times reported, :

The report was one of the most comprehensive accountings of abuse by priests in a diocese since the pedophile scandal engulfed the Roman Catholic Church 13 months ago with disclosures that a Boston priest had attacked 130 boys over 30  years.  Since  then,  hundreds  of  civil  suits  have  been  filed  with  claims totaling more than $100 million, and prosecutors across the nation have taken their investigations of clerical sexual abuse before dozens of grand juries.23

The 2002 news coverage of the Father Geoghan cases was the beginning of the intense media period for the Roman Catholic Clergy sexual abuse crisis.24    Attorney Garabedian continued to pressure the church.25  The book Betrayal: The Crisis in the Catholic Church, written by the Boston Globe Investigative Staff, puts in perspective the secrecy of the abuse scandal and Attorney Garabedian’s efforts  to expose it:

But by late 2001, Garabedian had spent five years interviewing alleged victims of John Geoghan’s sexual abuse, filing lawsuits, requesting Church records through the legal discovery process, and deposing Church officials under oath. Through it all, he compiled a body of evidence showing that cardinals, bishops, and other Church officials had been covering up for Geoghan for more than three decades.26

Such formerly secret evidence paved the way for Attorney Garabedian and his clients to reach a highly emotional settlement with the Archdiocese of Boston. In March of 2002 Attorney Garabedian and his 86 clients in the Father Geoghan cases settled with the Boston Archdiocese.27 Unlike victims or survivors in previous cases, the 86 victims or survivors refused to sign confidentiality agreements and the church ultimately conceded that confidentiality agreements did not have to be signed.28 Three months later the United States Conference of Catholic Bishops adopted a policy that said that confidentiality agreements would no longer be used in settlements of clergy sexual abuse cases.29 In The Boston Globe’s book, Betrayal The Crisis In the Catholic Church, Garabedian is quoted as saying “Obviously, confidentiality agreements are good for the perpetrator and his or her enablers, since the secrecy allows for further wrongful acts to continue.”30

The settlement was reported publicly and to the court.31  In fact, the then Archbishop of Boston, Cardinal Bernard F. Law, said in a press release that he hoped “the resolution of these cases will continue the healing process. This settlement is an important closure for these victims who have long endured the damage done to them by John Geoghan.”32 However, in May of 2002 Cardinal Law reversed himself and announced that the archdiocese would not honor the settlement with the 86 victims or survivors.33 Attorney Garabedian argued that this was a breach of a settlement agreement reported to the court.34 The court scheduled hearings and allowed depositions to determine if the Archdiocese had in fact entered into an agreement that the Archdiocese could now not breach.35 At the request of Attorney Garabedian on behalf of his 86 clients, the court immediately ordered Cardinal Law to be deposed and allowed other Church officials to be deposed.36 Attorney Garabedian and his senior associate, Attorney William H. Gordon, deposed Cardinal Bernard Law for several days and in the summer of 2002 a trial was held on the enforceability of the reported settlement agreement.37 Before the verdict issued, Attorney Garabedian’s 86 clients and the Archdiocese entered into a 10 million dollar settlement.38 This large sum was one of the larger settled cases in the clergy sexual abuse crisis to that point and became a model for other settlements.39

After this landmark case victims or survivors continued to emerge from the secrecy of the clergy sexual abuse cases.  In the fall of 2003 Attorney Garabedian was then representing another 120 clients who claimed they had been sexually abused by priests who had worked in the Archdiocese of Boston. Unlike the earlier 86 victims or survivors of Father Geoghan who identified one priest abuser, that is, Father Geoghan; altogether, the 120 victims or survivors in 2003 stated claims identifying as their sexual abusers over 40 different priests who had worked in the Archdiocese of Boston. Attorney Garabedian along with lawyers representing 431 other victims or survivors of abuse reached an 85 million dollar settlement with the Boston Archdiocese.  40

Attorney Garabedian’s practice is not limited to victims or survivors of clergy sexual abuse.41   He has and continues to represent victims or survivors of sexual abuse of all ages, including, but not limited to, children, who were sexually abused by sexual abusers of all walks of life, including, but not limited to, teachers, coaches, priests, scout leaders, and others in authority.42

Media

In 2002 Attorney Garabedian was named the Lawyer’s Weekly Massachusetts Lawyer of the Year.43 He has received mention in books such as the Boston Globes’ Betrayal: The Crisis in the Catholic Church44,  Jimmy Breslin’s The Church That Forgot Christ45, and Timothy D. Lytton’s Holding nBishops Accountable.46

Attorney Garabedian has been interviewed by the print, electronic, and video media internationally and nationally hundreds of times throughout his career.  Attorney Garabedian was also  portrayed  by  the  actor  Ted  Danson  in  the  movie  Our  Fathers,  which  highlighted  Attorney Garabedian’s historic struggle with Cardinal Law and the Catholic Church.47

In his book The Church that Forgot Christ, Jimmy Breslin described Attorney Garabedian  as a “fighter.”48 Attorney Garabedian continues to zealously advocate for the victims or survivors of sexual abuse who were sexually abused by sexual abusers of all walks of life, such as teachers, coaches, priests, scout leaders, and others who have taken advantage.

______________________________________________

1 Stern, Gary, Salesians Settle Sex-Abuse Claim With 3 Men,(8/9/2009), LoHud.com, http://www.lohud.com/apps/pbcs.dll/article?AID=2009908090331; Berfanger, Rebecca J., Lawyer of the Year 2002 Mitchell Garabedian. Massachusetts Lawyer’s Weekly (2002); Aucoin, Don. Victims of alleged sexual abuse by priests turn to Mitchell Garabedian, The Boston Globe Spotlight Investigation: Abuse in the Catholic Church, 2002 Globe Newspaper Company (2/14/2002), http://www.boston.com/globe/spotlight/abuse/stories/021402_garabedian.htm.

2 How America’s Catholic Church Crucified Itself, The Sunday Times, Times Online, London, Englaond (3/13/2005)        http://www.timesonline.co.uk/tol/life_and_style/article422790.ece?print=yes&randnum=

1151003209000; Paedophile Priest Killed In Jail, BBC News (8/24/2003) http://news.bbc.co.uk/go/pr/fr/-

/2/hi/americas/3177021.stm;Owen, Richard, Sex-Scandal Cardinal Set For Senior Vatican Job, The Times, London (12/16/2002); Boston church offers $US55m abuse settlement, Australian Broadcasting Corp. News (8/9/2003); A Series of Sexual Abuse Cases, 2000 Law-Breaking Priests, The Yomiuri Shimbun, Japan (4/24/2002); Church in Court, Breakfast, Australian Broadcasting Corp. (12/30/2002); La Archidiócesis de Boston Pagará 10 Millones de Dólares a 86 Víctimas de un Cura Pederasta, Reuters, El Mundo, Madrid, Spain (9/4/2002) http://www.elmundo.es/elmundo/2002/09/04/sociedad/1031110794. html.

3     Aucoin, Don. Victims of alleged sexual abuse by priests turn to Mitchell Garabedian, The Boston Globe Spotlight Investigation: Abuse in the Catholic Church, 2002 Globe Newspaper Co. (2/14/2002), http://www.boston.com/globe/spotlight/abuse/stories/021402_garabedian.htm.

4                   Face      the      Nation     (CBS      4/28/2002),     http://www.cbsnews.com/stories/2002/04/29/ftn/ main507501.shtml; Nightline:              Sins   of   the   Fathers   (ABC   3/14/2002),   http://tvnews.vanderbilt.edu/siteindex/2002-Specials/special-2002-03-14-ABC-1.html; Aucoin, Don. Victims of alleged sexual abuse by priests turn to Mitchell Garabedian, The Boston Globe Spotlight Investigation: Abuse in the Catholic  Church,  2002  Globe  Newspaper  Co.  (2/14/2002),
http://www.boston.com/globe/spotlight/abuse/stories/021402_garabedian.htm.

5Stern, Gary, Salesians Settle Sex-Abuse Claim With 3 Men,(8/9/2009), LoHud.com, http://www.lohud.com/apps/pbcs.dll/article?AID=2009908090331.

6    Sins of a Priest: The John Geoghan Story, A&E (2008): see also Boston Globe Pulitzer Prize-Winning Investigative   Journalist   Walter   V.   Robinson   Named   Distinguished   Professor   of   Journalism   at Northeastern University (8/7/2006),mhttp://www.northeastern.edu/research/announcement/?id=15.

7   Aucoin, Don. Victims of alleged sexual abuse by priests turn to Mitchell Garabedian, The Boston Globe Spotlight  Investigation:  Abuse  in  the  Catholic  Church,  2002  Globe  Newspaper  Co.  (2/14/2002), http://www.boston.com/globe/spotlight/abuse/stories/021402_garabedian.htm.

8     Aucoin, Don.   Victims of alleged sexual abuse by priests turn to Mitchell Garabedian, The Boston Globe Spotlight Investigation: Abuse in the Catholic Church, 2002 Globe Newspaper Co. (2/14/2002), http://www.boston.com/globe/spotlight/abuse/stories/021402_garabedian.htm.

9     Aucoin, Don.   Victims of alleged sexual abuse by priests turn to Mitchell Garabedian, The Boston Globe Spotlight Investigation: Abuse in the Catholic Church, 2002 Globe Newspaper Co. (2/14/2002), http://www.boston.com/globe/spotlight/abuse/stories/021402_garabedian.htm.

10    The Investigative Staff of the Boston Globe.  Betrayal, The Crisis in the Catholic Church.  The Boston Globe, Little, Brown and Company, Boston (2002), p. 3, 19-30-36, 47-48, 53, 56-59, 61-62, 66-67, 71-73.

11    Berfanger, Rebecca J., Lawyer of the Year 2002 Mitchell Garabedian. Massachusetts Lawyer’s Weekly (2002).

12    Langner, Paul, Woman Charges Priest Abused Her Three Sons, The Boston Globe (7/11/1996); Ranalli, Ralph, Church Increases Its Offer To $65m, Figure Still Below Plaintiffs’ Minimum, The Boston Globe (8/22/2003).

13           Ribadeneira, Diego, Stay Asked In Suits Against Priest, Lawyers Say Defense Against Abuse Charges Would Be Hurt, The Boston Globe, (5/3/1997); Burge, Kathleen, Cardinal Sought Secrecy In Suit, The Boston Globe, (7/18/2001); Leary v. Geoghan, Evidence, Document Production – Protective Order, Massachusetts Lawyers Weekly (9/18/2000); Leary v. Geoghan, Evidence, Discovery – Sexual Abuse Case – Supervisory Defendants, Massachusetts Lawyers Weekly (9/18/2000).

14          Leary v. Geoghan, Evidence, Document Production – Protective Order, Massachusetts Lawyers Weekly  (9/18/2000);  Leary  v.  Geoghan,  Evidence,  Discovery  –  Sexual  Abuse  Case  –  Supervisory Defendants, Massachusetts Lawyers Weekly (9/18/2000); Liptak, Adam, Boston Archdiocese Asks for  Dismissal of All Suits, The New York Times (12/24/2002),  http://www.nytimes.com/2002/12/24/us/ boston-archdiocese-asks-for-dismissal-of-all-suits.html

15         Leary v. Geoghan, Evidence –  Document  Production  – Protective  Order, Massachusetts  Lawyers Weekly (9/18/2000); Leary v. Geoghan, Evidence – Sexual Abuse Case – Supervisory Defendants, Massachusetts Lawyers Weekly (9/18/2000); Leary v. Geoghan, 2000, WL, 1473579.  (Mass.Super.2000)

16 The Investigative Staff of the Boston Globe. Bet rayal, The Crisis in the Catholic Church. The Boston Globe, Little, Brown and Company, Boston (2002), pp. 23-26.

17    The Investigative Staff of the Boston Globe. Betrayal, The Crisis in the Catholic Church. The Boston Globe, Little, Brown and Company, Boston (2002), p. 35.

18    Leary vs. Geoghan, 2001, WL, 1902393. (Mass. Super.2001)

19    Leary vs. Geoghan, 2001, WL, 1902393 & n.8. (Mass. Super.2001).

20    The Investigative Staff of the Boston Globe.  Betrayal, The Crisis in the Catholic Church.  The Boston Globe, Little, Brown and Company, Boston (2002), pp. 23-26, 48.

21      The Investigative Staff of the Boston Globe. Betrayal, The Crisis in the Catholic Church. The Boston Globe, Little, Brown and Company, Boston (2002), pp. 48-49.

22    The Investigative Staff of the Boston Globe.  Betrayal, The Crisis in the Catholic Church.  The Boston Globe, Little, Brown and Company, Boston (2002), p. 54-59, 64, 66-67, 72, 74; McFadden, Robert D., L.I.  Diocese  Deceived  Victims  of  Abuse,  A  Grand  Jury  Says,  The  New  York  Times  (2/11/2003),
http://www.nytimes.com/2003/02/11/nyregion/li-diocese-deceived-victims-of-abuse-a-grand-jury- says.html?pagewanted=all (Long Island Grand Jury report on Diocese of Rockville Center, New York) ; Goodstein,  Laurie,         Dioceses  Resist  Releasing  Names  Of  Accused  Priests,  The  New  York  Times (2/28/2003),                             http://www.nytimes.com/2003/02/28/us/diocese-resists-releasing-names-of-accused- priests.html (Grand Jury investigation of Diocese of Cleveland, Ohio); Butterfield, Fox, Report Details Sex           Abuse     By        Priests         And      Inaction        By     A             Diocese,                The   New    York   Times   (3/4/2003), http://www.nytimes.com/2003/03/04/us/report-details-sex-abuse-by-priests-and-inaction-by-a- diocese.html (New Hampshire Attorney General Report on Diocese of Manchester, New Hampshire);The Irish Report, http://www.childabusecommission.com/rpt/ExecSummary.php.;  .

23    McFadden, Robert D., L.I. Diocese Deceived Victims of Abuse, A Grand Jury Says, The New York Times (2/11/2003),
http://www.nytimes.com/2003/02/11/nyregion/li-diocese-deceived-victims-of-abuse-a-grand-jury-says.html?pagewanted=all(emphasis supplied).

24       The Investigative Staff of the Boston Globe. Betrayal, The Crisis in the Catholic Church. The Boston Globe, Little, Brown and Company, Boston (2002), p. 98-101; see also Face the Nation (CBS 4/28/2002), http://www.cbsnews.com/stories/2002/04/29/ftn/main507501.shtml; Nightline: Sins of the Fathers (ABC 3/14/2002), http://tvnews.vanderbilt.edu/siteindex/2002-Specials/special-2002-03-14-ABC-1.html.

25         See,  e.g.,  Carroll,  Matt.  Victims  Ponder  Accord,  Anguish,  The  Boston  Globe  (3/13/2002), http://www.boston.com/globe/spotlight/abuse/stories/031302_victims.htm

26    The Investigative Staff of the Boston Globe.  Betrayal, The Crisis in the Catholic Church.  The Boston Globe, Little, Brown and Company, Boston (2002), pg. 48.

27 Robinson, Walter V., Diocese, Plaintiffs Settle Suit. The Boston Globe (3/12/2002).

28             Carroll,    Matt,       Victims    Ponder    Accord,   Anguish,   The    Boston   Globe    (3/13/2002),
http://www.boston.com/globe/spotlight/abuse/stories/031302_victims.htm

29      Sexual abuse policy adopted by U.S. Bishops, Charter for the Protection of Children and Young People, Article 3, USA Today (6/14/2002); Wakin, Daniel J., Scandals In The Church: The Policy; Bishops To Enforce Rules, With Power Of Church Law, The New York Times (6/15/2002)  2005 Charter for the Protection of Children and Young People Essential Norms Statement of Episcopal Commitment, Article 3, United States Conference of Catholic Bishops, Washington D.C.

30    The Investigative Staff of the Boston Globe.  Betrayal, The Crisis in the Catholic Church.  The Boston Globe, Little, Brown and Company, Boston (2002), p. 48.

31      Carroll, Matt, Victims Ponder Accord, Anguish, The Boston Globe (3/13/2002); Burge,  Kathleen, Chancellor Details Money Crunch, The Boston Globe (8/6/2002); Burge, Kathleen, Testimony Turns To Public Statements, The Boston Globe (8/7/2002).

32    Carroll, Matt, Victims Ponder Accord, Anguish, The Boston Globe (3/13/2002).

33    Kurkjian, Stephen and Robinson, Walter V., Archdiocese Abandons Deal In Geoghan Case, (5/5/2002); Kurkjian, Stephen and Rezendes, Michael, Church Weighs Borrowing to Settle Claim. The Boston Globe, (5/5/2002).

34     Rosenwald, Michael S., Judge Orders Questioning Of Law, The Boston Globe (5/7/2002); Rezendes, Michael, Verbal Ok Could Bind Church, Law Professor Says, The Boston Globe (5/8/2002); McNamara, Eileen.  We’ve Heard this Before, The Boston Globe (8/4/2002).

35     Rosenwald, Michael S., Judge Orders Questioning Of Law, The Boston Globe (5/7/2002); Belluck, Pam,  Cardinal  Law  Is  Told  to  Give  Deposition  on  Wednesday, The  New  York  Times  (5/7/2002); Rezendes, Michael, Verbal Ok Could Bind Church, Law Professor Says, The Boston Globe( 5/8/2002); Burge , Kathleen, Power Of Archdiocese With Law, Judge Says, The Boston Globe (7/13/2002);

36     Rosenwald, Michael S., Judge Orders Questioning Of Law, The Boston Globe (5/7/2002); Belluck, Pam, Cardinal Law Is Told to Give Deposition on Wednesday, The New York Times (5/7/2002); Arnold, David and and Rezendes, Michael, Law Deposition Ends, For Now, The Boston Globe (5/14/2002).

37    Burge , Kathleen, Judge Weighs Church Lawsuit, The Boston Globe (8/8/2002); Belluck, Pam, Boston’s Cardinal Defends Abandoning Abuse Accord, The New York Times (8/3/2002);Arnold, David and and Rezendes, Michael, Law Deposition Ends, For Now, The Boston Globe (5/14/2002);

38    Robinson, Walter V. and Rezendes, Michael, Goeghan Victims Agree to $10m Settlement, The Boston Globe (9/19/2002).

39    Robinson, Walter V. and Rezendes, Michael, Goeghan Victims Agree to $10m Settlement, The Boston Globe (9/19/2002); see Ranalli, Ralph, Church Increases Its Offer To $65m, Figure Still Below Plaintiffs’ Minimum, The Boston Globe (8/22/2003).

40    Russell, Jenna, Abuse Victims Receive Settlement Amount. The Boston Globe (12/21/2003).

41     Moskowitz, Eric, BB&N Issues Apology For Abuse, Mishandled reports of molestation in ’80s, The Boston Globe (10/14/2008)
http://www.boston.com/news/local/articles/2008/10/14/bbn_issues_apology_ for_abuse?mode=PF Menard, Ryan, Big-Name Lawyer Hired In Sex-Abuse Case Whitman Man Says He Was Molested By A Big Brother Mentor, The Patriot Ledger Quincy, MA (5/18/2007); Weber, David, Man sues ex-Scout leader, supervisor over molestation, Boston Herald (12/5/2001).

42            Stern, Gary, Salesians Settle Sex-Abuse Claim With 3 Men,(8/9/2009), LoHud.com, http://www.lohud.com/apps/pbcs.dll/article?AID=2009908090331;  Weber,  David,  Man  sues  ex-Scout leader, supervisor over molestation. The Boston Herald (12/5/2001); Menard, Ryan, Big-name lawyer hired in sex-abuse case Whitman man says he was molested by a Big Brother mentor. The Patriot Ledger, Quincy, MA (5/18/2007); Fennimore, Jillian, Man seeks $1M from Cambridge private school after alleged sexual abuse. Patriot Ledger, (5/11/2009).

43            Berfanger, Rebecca J., Lawyer of the Year 2002 Mitchell Garabedian. Massachusetts Lawyer’s Weekly (2002)

44    The Investigative Staff of the Boston Globe. Betrayal, The Crisis in the Catholic Church.  The Boston Globe, Little, Brown and Company, Boston (2002).

45    Breslin, Jimmy. The Church That Forgot Christ.  Free Press, New York (2004).

46Lytton, timothy D. Holding Bishops Accountable. Harvard University Press, Cambridge Massachusetts (2008).

47    Our Fathers, Alliance Atlantis, Showtime Entertainment (2004).

48    Breslin, Jimmy.  The Church That Forgot Christ.  Free Press, New York (2004).

 

 

Legal Help is available for Sex Abuse Victims of Michael Geilenfeld.

If you, or anyone you know, was sexually abused by American citizen, Michael Geilenfeld of Iowa, USA and currently the Director of the St. Joseph’s Homes in Port au Prince, Haiti, please contact Attorney Mitchell Garabedian at 866 345 2214 (Boston, MA, USA) or garabe…@msn.com for a free consultation.

Mitchell Garabedian is an attorney specializing in sex abuse cases. He has become an internationally recognized advocate on the topic.
www.garabedianlaw.com—

Attorney Garabedian is currently representing 22 Haitian boys and young men in U.S. federal court, all of whom were sexually abused by Douglas Perlitz, former Executive Director of Project Pierre Toussaint in Cap Haitian, Haiti.

Other Contacts:

Cyrus Sibert, Cap Haitian, Haiti,
Cell Phone: 509 3686 9669
Email: reseauc…@gmail.com
Blog: reseaucitadelle.blogspot.com

Paul Kendrick, Freeport, Maine USA
Cell Phone: 207 838 1319
Email: kendr…@aol.com
Envoyé par mon BlackBerry
—————
“Ne doutez jamais qu’un petit nombre de citoyens volontaires et réfléchis peut changer le monde. En fait, cela se passe toujours ainsi” Margaret Mead (1901-1978)

“Never doubt that a small group of thoughtful, committed people can change the world. Indeed, it is the only thing that ever has.” – Margaret Mead  Margaret Mead (1901-1978)

https://groups.google.com/forum/?fromgroups=#!topic/haiti-nation/7bzIJsenad4

 

Case 3:11-cv-00614-RNC  Document 290    Filed 12/10/12   Page 1 of 47

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

JOSEPH JEAN-CHARLES, a/k/a JEAN-CHARLES JOSEPH,

Plaintiff,

v.

DOUGlAS PERLITZ; FATHER PAUL E. CARRIER, S.J.; HOPE E. CARTER; HAITI FUND, INC.; FAIRFIELD UNIVERSITY; THE SOCIETY OF JESUS OF NEW ENGLAND; SOVEREIGN MILITARY HOSPITALLER ORDER OF ST. JOHN OF JERUSALEM OF RHODES AND OF MALTA, AMERICAN ASSOCIATION, U.S.A., a/k/a ORDER OF MALTA, AMERICAN ASSOCIATION, USA JOHN DOE ONE; JOHN DOE TWO; JOHN DOE THREE; JOHN DOE FOUR; JOHN DOE FIVE; JOHN DOE SIX; JOHN DOE SEVEN; JOHN DOE EIGHT; JOHN DOE NINE; JOHN DOE TEN; JOHN DOE ELEVEN; and JOHN DOE TWELVE,

Defendants.

Civil Action No.:  3:11-cv-00614

Consolidated with: 11-CV-00812

11-CV-01966, 12-CV-00009, 12-CV-00010, 12-CV-00011, 12-CV-00012, 12-CV-00013, 12-CV-00014, 12-CV-00015, 12-CV-00016, 12-CV-00018, 12-CV-00019, 12-CV-00020, 12-CV-00021, 12-CV-00022, 12-CV-00023, 12-CV-00026, 12-CV-00027, 12-CV-00028, 12-CV-00775, 12-CV-01043

This document applies to:

Mackenson Michel v. Perlitz et al., 12-CV-01043

November 12, 2012

FIRST AMENDED COMPLAINT AND JURY TRIAL DEMAND

INTRODUCTION

  1. This case arises from the sexual molestation of over twenty Haitian boys,

1

Case 3:11-cv-00614-RNC  Document 290    Filed 12/10/12   Page 2 of 47

including Plaintiff Mackenson Michel, a/k/a Michel Mackenson, by Defendant Douglas Perlitz (“Perlitz”), while Perlitz was operating a residential school under the auspices and supervision of Defendants Fairfield University, the Society of Jesus of New England (the “New England Jesuit Order”), the Haiti Fund, Inc. (the “Haiti Fund”), the Sovereign Military Hospitaller Order of St. John of Jerusalem of Rhodes and of Malta, American Association, U.S.A. (a/k/a Order of Malta, American Association, USA) (the “Order of Malta”), Hope Carter (“Carter”), and Father Paul E. Carrier, S.J. (“Father Carrier”). In 2011, Perlitz was convicted of violating 18 U.S.C. § 2423(b), Travel With Intent To Engage In Illicit Sexual Conduct, but not before he had molested numerous children in his care over a period of many years, without any of the other Defendants taking any steps whatsoever to prevent or stop this horrendous pattern of abuse. Indeed, Defendants aided and abetted Perlitz’s acts, providing him with the means to commit them, and at least one of the defendants appears to have assisted in attempting to conceal Perlitz’s crimes.

  1. Perlitz, Father Carrier, Fairfield University, the Order of Malta, Carter, and the Haiti Fund established a residential school in the Republic of Haiti, the poorest country in the Western Hemisphere. This school, Project Pierre Toussaint,  a/k/a Project Venerable Pierre Toussaint (“PPT”), purported to provide services to the poorest children of Haiti, many of whom lacked homes and regular meals. Perlitz, residing in Haiti, was the director of PPT, which provided him with an image of substantial trust and authority.
  2. Perlitz used that trust and authority to sexually molest Plaintiff and numerous other minor boys who attended PPT. Perlitz also threatened to withhold food and shelter from the impoverished children in his care if they did not comply with his sexual demands, in effect forcing them to earn their food and shelter by trading

Case 3:11-cv-00614-RNC  Document 290    Filed 12/10/12   Page 3 of 47
sexual favors for those necessities.

  1. The other Defendants aided and abetted Perlitz by providing him the means to operate PPT in this manner. They failed to provide appropriate guidelines and supervision for the operation of PPT. They disregarded warning signs that should have alerted them to the improper nature of Perlitz’s relationship with some of the boys in his care and continued to provide funds to PPT long after it was, or should have been clear, that Perlitz was abusing the trust that had been placed in him. At least one Defendant other than Perlitz actively took steps to prevent enforcement of laws meant to protect minors from the conduct in which Perlitz engaged.
    1. Plaintiff now seeks damages for his personal injuries pursuant to 18 U.S.C.

§ 2255, 18 U.S.C. § 1595, international law, and the common law.

JURISDICTION AND VENUE

  1. This Court has subject matter jurisdiction over Plaintiff’s statutory claims pursuant to 28 U.S.C. § 1331 because Plaintiff’s claims arise under the laws of the United States, specifically 18 U.S.C. §§ 1595 and 2255. This Court also has subject matter jurisdiction pursuant to 28 U.S.C. § 1332, because Plaintiff is a citizen of a foreign state and defendants are citizens of Connecticut, Colorado, and Massachusetts, and pursuant to 28 U.S.C. § 1350 with respect to Plaintiff’s claims under international law, as well as supplemental jurisdiction pursuant to 28 U.S.C. § 1367.
  2. Venue is proper in this District pursuant to 28 U.S.C. § 1391(b) (3) in that at least one defendant may be found here.

PARTIES

  1. Plaintiff Mackenson Michel a/k/a Michel Mackenson (“Plaintiff” or “Mackenson Michel” or “Michel”), is a citizen of the Republic of Haiti residing in Cap- Haitien, Haiti.

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  1. Defendant Douglas Perlitz (“Perlitz”) is an individual who, at the time of his arrest in 2009, was a citizen of the State of Colorado. Prior to residing in the State of Colorado, Defendant Perlitz had resided in the State of Connecticut. While a resident of Connecticut, Defendant Perlitz frequently traveled from Connecticut to the Republic of Haiti to reside for extended periods of time in the Republic of Haiti. On December 21, 2010, the United States District Court for the District of Connecticut adjudged Defendant Perlitz guilty of violating 18 U.S.C. §2423(b), Travel With Intent To Engage In Illicit Sexual Conduct. Perlitz was sentenced to serve 19 years and 7 months in federal prison. He is currently serving his sentence in the Federal Correctional Institution in Seagoville, Texas.
  2. Defendant Haiti Fund, Inc. (the “Haiti Fund”) is a corporation organized under the laws of the State of Connecticut. Pursuant to 28 U.S.C. § 1332(c) (1), the Haiti Fund is, therefore, a citizen of Connecticut. The Haiti Fund funded, managed, controlled and directed Project Pierre Toussaint of Cap-Haitien, Haiti, a program that provided services for minor boys in and around Cap-Haitien, Haiti. At all relevant times, PPT operated an intake center at one location, and two different residential schools at two different locations; all the locations were in or around Cap-Haitien, Haiti. The Director of PPT in Haiti was Perlitz. The Haiti Fund hired Perlitz and retained him throughout the relevant time period. At all relevant times, the Haiti Fund had a duty to exercise due care in its hiring and retention, including its hiring and retention of Perlitz. At all times material hereto, while Perlitz was Director of PPT in Haiti, the Haiti Fund had a duty to supervise and direct him, to exercise due care in doing so, and a duty not to aid and abet Perlitz in engaging in criminal conduct.
  3. Defendant Fairfield University is a corporation organized under the laws of the State of Connecticut, with its principal place of business in Fairfield, Connecticut.

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Pursuant  to  28  U.S.C.  § 1332  (c)  (1),  Fairfield  University  is,  therefore,  a  citizen  of Connecticut.

  1. Defendant Fairfield University hired Father Carrier and retained him throughout the relevant time period. At all relevant times, Fairfield University had a duty to exercise due care in its hiring and retention, including its hiring and retention of Father Carrier. At all relevant times, Fairfield University had a duty to supervise and direct Father Carrier and to exercise due care in doing so.
  2. Fairfield University hired Perlitz in connection with PPT and retained him during the relevant time period. At all relevant times, Fairfield University had a duty to exercise due care in its hiring and retention, including its hiring and retention of Perlitz. At relevant times, Fairfield University had a duty to supervise and direct Perlitz and to exercise due care in doing so.
  3. During the relevant time period, Fairfield University placed employees, officers, or agents of Fairfield University in management and/or leadership positions of the Haiti Fund. At all relevant times, such employees, officers, or agents of Fairfield University held positions of management and/or leadership at the Haiti Fund.
  4. At all relevant times, Fairfield University represented that the Haiti Fund was engaged in activities supported, managed and sponsored by Fairfield University.
  5. Defendant The Society of Jesus of New England (the “New England Jesuit Order”) is a not-for-profit corporation organized under the laws of the Commonwealth of Massachusetts and doing business in Connecticut. Pursuant to 28 U.S.C. § 1332 (c)(1), the New England Jesuit Order is a citizen of Massachusetts. The New England Jesuit Order hired Father Carrier and retained him throughout the relevant time period. At all relevant times, the New England Jesuit Order had a duty to exercise due care in its hiring and retention, including its hiring and retention of Father Carrier.  At all relevant

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times, the New England Jesuit Order had a duty to supervise and direct Father Carrier and to exercise due care in doing so.

  1. Defendant Sovereign Military Hospitaller Order of St. John of Jerusalem of Rhodes and of Malta, American Association, U.S.A., a/k/a Order of Malta, American Association, USA (the “Order of Malta”), is a not-for-profit corporation organized and existing under the laws of the State of New York. The Order of Malta is one of three American affiliates of the Sovereign Military Hospitaller Order of Saint John of Jerusalem of Rhodes and Malta (the “Sovereign Order of Malta), a lay religious order of the Catholic Church established by the Pope. The members of the Order of Malta are referred to as Knights and Dames.
  2. The Order of Malta hired Perlitz in connection with PPT and retained him during the relevant time period. The Order of Malta had a duty to exercise due care in its hiring and retention, including its hiring and retention of Perlitz. At relevant times, the Order of Malta had a duty to supervise and direct Perlitz and to exercise due care in doing so. During the relevant time period, the Order of Malta placed several of its Knights and Dames on the Board of Directors of the Haiti Fund.
  3. Defendant Father Paul E. Carrier, S.J. (“Father Carrier”) is an individual who is a citizen of the State of Connecticut with a domicile in Bridgeport, Connecticut. During the relevant time period, Father Carrier was a religious priest of the New England Jesuit Order; University Chaplain/Director of Campus Ministry and Community Service of Fairfield University; Chairman, President and/or Vice-President of the Haiti Fund; and a Magistral Chaplain of the Order of Malta. Father Carrier hired Douglas Perlitz and retained him throughout the relevant time period. At all relevant times, Father Carrier had a duty to exercise due care in his hiring and retention, including his hiring and retention of Perlitz.  At all relevant times, Father Carrier had a

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duty to supervise and direct Perlitz, to do so with due care, and a duty not to aid and abet Perlitz in engaging in criminal conduct.

  1. Defendant Hope E. Carter is an individual who is a citizen of the State of Connecticut with a domicile in New Canaan, Connecticut. During the relevant time period Defendant Carter was a Dame of the Order of Malta; a member of the Board of Directors of the Haiti Fund; Secretary of the Board of Directors of the Haiti Fund; and at times material hereto, had a duty to supervise and direct Perlitz, to do so with due care, and a duty not to aid and abet Perlitz in engaging in criminal conduct. Carter is currently serving her second three-year term on the Board of Councillors, the governing body of the Order of Malta.
  2. Defendants John Doe One, John Doe Two, John Doe Three, John Doe Four, and John Doe Five are individuals whose identities are presently unknown to Plaintiff; therefore, Plaintiff files the above-captioned action against Defendants John Doe One, John Doe Two, John Doe Three, John Doe Four, and John Doe Five by such fictitious names. Defendants John Doe One, John Doe Two, John Doe Three, John Doe Four, and John Doe Five are citizens of the State of Connecticut or other states of the United States. Plaintiff will seek leave to amend this Complaint to add the true name or names of Defendants John Doe One, John Doe Two, John Doe Three, John Doe Four, and John Doe Five when said name or names have been ascertained. Plaintiff alleges that Defendants John Doe One, John Doe Two, John Doe Three, John Doe Four, and John Doe Five aided and abetted Defendant Perlitz in engaging in criminal conduct which resulted in harm to the Plaintiff.
  3. Defendants John Doe Six, John Doe Seven, John Doe Eight, John Doe Nine, and John Doe Ten are individuals whose identities are presently unknown to Plaintiff; therefore, Plaintiff files the above-captioned action against Defendants John Doe Six,

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John Doe Seven, John Doe Eight, John Doe Nine, and John Doe Ten by such fictitious names. Defendants John Doe Six, John Doe Seven, John Doe Eight, John Doe Nine, and John Doe Ten are citizens of the State of Connecticut or other states of the United States. Plaintiff will seek leave to amend this Complaint to add the true name or names of Defendants John Doe Six, John Doe Seven, John Doe Eight, John Doe Nine, and John Doe Ten when said name or names have been ascertained. Plaintiff alleges that Defendants John Doe Six, John Doe Seven, John Doe Eight, John Doe Nine, and John Doe Ten were responsible for the hiring, supervision, direction and retention of Defendant Perlitz.

  1. Defendants John Doe Eleven and John Doe Twelve are individuals whose identities are presently unknown to the Plaintiff; therefore, Plaintiff files the above- captioned action against Defendants John Doe Eleven and John Doe Twelve by such fictitious names. Defendants John Doe Eleven and John Doe Twelve are citizens of the State of Connecticut or other states of the United States. Plaintiff will seek leave to amend this Complaint to add the true name or names of Defendants John Doe Eleven and John Doe Twelve when said name or names have been ascertained. Plaintiff alleges that Defendants John Doe Eleven and John Doe Twelve were responsible for the hiring, supervision, direction and retention of Defendant Father Carrier.

STATEMENT OF FACTS

Background and Founding of PPT

  1. At all relevant times Father Carrier was a religious priest of New England Jesuit Order and was subject to supervision and direction of the New England Jesuit Order.
  2. Fairfield University is a Jesuit university, operated by the New England Jesuit Order.                 During the relevant time period, Fairfield University described itself on

 

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its  website  as  a  “comprehensive  Jesuit  institution.”  At  all  relevant  times  the  New England Jesuit Order stated and represented that it operated Fairfield University.

  1. Over the last four decades the New England Jesuit Order has had several members who have sexually abused numerous children. Rather than take timely action to prevent sexual abuse of children, the New England Jesuit Order’s practice has been years later to pay hundreds of thousands, if not millions, of dollars in compensation for the harm its members caused to children. The New England Jesuit Order’s management and supervision in this case was, sadly, consistent with the way it managed other instances involving the sexual abuse of children.
  2. In the late 1980’s, when Perlitz was a freshman at Fairfield University and Father Carrier was its Chaplain, Father Carrier and Perlitz began a sexual relationship. Although this sexual relationship with a young student at Fairfield University should have put Fairfield University and the New England Jesuit Order on notice that Father Carrier was a person of bad character who could not maintain nor understand appropriate boundaries with vulnerable individuals, neither Fairfield University nor the New England Jesuit Order disciplined Father Carrier. In 1997, less than ten years after Father Carrier began his relationship with Perlitz, Father Carrier assisted Perlitz in obtaining funding to start and operate PPT.
  3. Perlitz told a number of his victims that Father Carrier was the one who introduced Perlitz to homosexual activities when Perlitz was a student, at a time when Father Carrier was Chaplain for Fairfield University, operated by the New England Jesuit Order.
  4. Beginning in 1996, Perlitz served for a year at a hospital in Milot, Haiti, which is run by the Order of Malta through an entity called CRUDEM (Center for the RUral DEvelopment of Milot).

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  1. In approximately 1997, Perlitz, with the assistance of Father Carrier, Carter, Fairfield University, and John Doe Six through John Doe Ten obtained approval, support, and funding from the Order of Malta to start and operate PPT, a school for boys in Cap-Haitien, Haiti. The original funding for PPT came from the Order of Malta. Thereafter, the Order of Malta and Fairfield University provided much of the funding and personnel for the project. The Haiti Fund was formed to be the vehicle to raise money for, and operate, PPT, but the Haiti Fund was little more than an extension of Fairfield University and the Order of Malta.
  2. PPT established an intake center that came to be referred to as the 13th Street Intake Program. PPT provided services to boys of all ages, many of whom were street children. The youngest children served by PPT were six years of age. PPT provided a variety of services to the minor boys, including but not limited to, meals, access to running water for baths or showers, basic classroom instruction, and sports activities.  Perlitz employed both Americans and Haitians to work at PPT.
  3. In or about 1999, with the assistance of Father Carrier, Carter, the Haiti Fund, Fairfield University, the Order of Malta, and John Doe Six through John Doe Ten, Perlitz obtained additional funding to expand PPT to include a residential facility referred to as the Village.
  4. From the formation of the Haiti Fund, Father Carrier served as a director of the Haiti Fund. Within a year of the formation of the Haiti Fund, Father Carrier became an officer of the Haiti Fund. To have served as an officer of the Haiti Fund, the rules governing the conduct of the New England Jesuit Order required the New England Jesuit Order to give permission to Father Carrier to engage in the work of the Haiti Fund and to accept positions of authority and responsibility from the Haiti Fund.
    1. In addition to Father Carrier, several members of the Haiti Fund Board of

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Directors were associated with Fairfield University: Deb Picarazzi, the operation assistant for Fairfield University Campus Ministry served on the Haiti Fund board, as did Larry Miners, a Fairfield University economics professor; Sue MacAvoy, a former Fairfield University nursing professor; Fred Wheeler, the vice president for development at Fairfield University; and Cathy Lozier, a former assistant tennis coach at Fairfield University. Although Hope Carter, who sat on the Haiti Fund Board of Directors, was not associated with Fairfield University, she was, instead, associated with the Order of Malta.

  1. Father Carrier and Hope Carter each travelled frequently to Haiti to check up on and supervise the activities at PPT on behalf of Fairfield University, the New England Jesuit Order, and the Order of Malta.

Operation, Support, and Supervision of PPT

 

  1. Throughout most of the first decade of the 21st century, Defendants provided funding and other support to PPT and specifically to Perlitz to allow him to continue operating PPT.
  2. Under the direction of Father Carrier, Fairfield University, which was operated by the New England Jesuit Order, supplied student volunteers through its Mission Volunteers program; at all relevant times, the volunteers worked at PPT and were supervised in that work by Father Carrier on behalf of Fairfield University and the New England Jesuit Order.
  3. During the approximately ten years that PPT was in operation, Father Carrier travelled to Haiti to visit and supervise PPT on a frequent and regular basis, as often as once a month. Father Carrier characterized his involvement in Haiti as “a significant part of my work as University Chaplain and professor in the Peace and Justice Studies program [at Fairfield].”  A brochure describing Project Pierre Toussaint

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lists Father Carrier as the contact person; the mail address provided is pecarrier@mail.fairfield.edu. In 2004, Fairfield Now, “the Magazine of Fairfield University,” reported that Father Carrier was “intimately involved with Project Pierre Toussaint . . . .”

  1. That same year, Fairfield Now also proudly reported that “Fr. Carrier spent spring break in Cap Hatien and commented daily on CNN, reporting about the people to whom he had spoken, their feelings, and their fears.” Transcripts of Father Carrier’s appearances on CNN show that Carrier was always identified as being from Fairfield University; PPT was repeatedly referred to as a school or program run by Fairfield University. On March 18, 2004, after being introduced on the CNN national broadcast as “Father Carrier from Fairfield University in Connecticut,” Father Carrier discussed the programs run by PPT:

[T]hese are the children who two or three years ago were on the streets of Cap Haitien living, like I said, off the stalls of the marketplace. And they were able to participate in a day program that we have . . .

 

Father Carrier added, unprompted, “I would just say that, you know, all of us at Fairfield are so proud of our people who have given their lives to this project and who have stayed through all the difficulties.” (Emphasis added).

  1. Fairfield University itself, operated by the New England Jesuit Order, promoted PPT as a mission in which Fairfield University students or prospective students could participate. Until the time Perlitz ceased to direct PPT, Fairfield University marketed PPT as a program to attract prospective students to Fairfield University. It honored Perlitz for his work there, first with an honorary degree and later with its Humanitarian Award. Indeed, Perlitz was Fairfield University’s commencement speaker in 2002, ten years after his own graduation.   As the Fairfield

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University Dean of Students put it in a PPT newsletter in June 2003, “Unless you have your head in the sand, you cannot worship at [Fairfield University’s] Egan Chapel or work in Fairfield University and not know the name Doug Perlitz.” In 2004, Father Carrier sent a mass email soliciting donations to support Perlitz’s work in Haiti. The subject line of the email read, in part, “Need new prayers for Haiti Mission headed by Fairfield U. missionaries Doug Perlitz and Andy.” Perlitz was a Fairfield University “favorite son” and – until he was arrested as a child molester — his work was the school’s work.

  1. During relevant times, Fairfield University, which was operated by the New England Jesuit Order, raised over $600,000 for the Haiti Fund at events held at Fairfield University. Much of this money was raised at Fairfield University’s annual “Jazz It Up for Haiti” fundraiser. A press release after the 2006 fundraiser described the involvement of “a University team of food service, maintenance, printing, media, Campus Ministry, Barone Center administration and many other campus personnel.” In addition, from 1997 through 2006, Fairfield University paid Father Carrier approximately $120,000, some or all of which was spent to support Father Carrier’s activities with PPT Fairfield University transferred those monies either to PPT or the Haiti Fund. During relevant years Fairfield University directly funded the Haiti Fund with $51,000.
  2. Donations to support PPT were frequently made in the form of checks made out to “Fairfield University,” “Campus Ministry,” “Fairfield University Campus Ministry,” or “The Haitian Fund of Fairfield University.” A cover letter accompanying one such check – made out to “Fairfield University Campus Ministry” – specifically described the donation as “a grant to the Haiti Fund.” Some checks made out to Fairfield University Campus Ministry contain notations on the front that they were for

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“Haiti Fund,” “Haiti Mission,” “Haiti Project,” PPT,” or “Project Pierre Toussaint.”

  1. Checks made out to Fairfield University, Campus Ministry, Fairfield University Campus Ministry, or the Haitian Fund of Fairfield University were routinely deposited into the bank account of the Haiti Fund. Conversely, checks made out to “Project Pierre Toussaint” and the “Haiti Fund” were deposited into Fairfield University Restricted Funds Accounts. Thus, no distinction was maintained between the Haiti Fund and Fairfield University with respect to PPT.
  2. In November, 2005, Father Carrier and the “Jesuits in the Fairfield Community” held a fundraiser “to support the missions in Haiti and Bridgeport.” The invitation asked attendees to “[m]ake checks payable to Fairfield University Campus Ministry.” As a result of this Jesuit and Fairfield University fundraiser, $4,100 in donations was collected; the majority of the checks were made out to “Fairfield University Campus Ministry,” as requested. The money was turned over to the Haiti Fund.
  3. In 2005, Fairfield University entered into a contract for building materials for PPT. The contract states that “Fairfield University, through its Project Venerable Pierre Toussaint, has been serving poor families in Haiti . . . .” The contract was signed by Father Carrier on behalf of “the Pierre Toussaint Project, Fairfield University.”
  4. The Order of Malta, too, claimed PPT and Perlitz as its own. Even after Fairfield University began raising large sums of money for PPT, the Order of Malta continued to provide funding, in the form of a $25,000 grant each year. Hope Carter was actively involved in supervising the program on behalf of the Order of Malta.
  5. In 2003, the Order of Malta recognized PPT as an official “work” of the Order of Malta. In 2004, the Haiti Fund reported this official designation to the Raskob Foundation in connection with a grant application.  The Haiti Fund explained that “the

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 designation of ‘work’ of the Order necessitates not just financial support but also hands- on involvement. . . . “ In other instances, the Order of Malta itself applied for grants on behalf of the Haiti Fund.

  1. An undated Order of Malta informational brochure lists PPT as one of the “international works” of the Order of Malta. In its Winter 2007-08 newsletter, the Order of Malta reported that its president had presented an award to “Doug Perlitz in recognition of his work and dedication to Malta’s Pierre Toussaint School for Boys in Haiti.” To celebrate PPT’s anniversary, CRUDEM, the Order of Malta entity that operates the hospital in Milot, Haiti, created an advertisement or plaque that announced: “The CRUDEM Foundation congratulates Project Pierre  Toussaint,  its sister Order of Malta work in Haiti, on ten years of service!” Another ad or plaque continued:

The Knights and Dames of the Sovereign Military Hospitaller Order of St. John of Jerusalem of Rhodes and of Malta: American Association, U.S.A salute the Malta Missionaries for ten years of service to Haitian youth! Andy, Joanie, Tim, Nick, Britt and Jess under the leadership of Doug and PPT’s spiritual leader Fr. Paul.

 

“Doug” is Doug Perlitz; Andy, Joanie, Tim, Nick, Britt, and Jess were all American volunteers at PPT. Thus, PPT was the Order of Malta’s work and its staff members were “Malta Missionaries.”

  1. Father Carrier wrote periodic letters to “Malta Friends of PPT,” in which Perlitz was described as a “Malta Missionary” and PPT was described as the “Project Pierre Toussaint Malta Community.” The Malta Friends of PPT were told that their gifts would directly support Perlitz.
  2. A letter signed by Father Carrier in the summer of 2002 to the “Friends of Project Pierre Toussaint” also described Perlitz and one of the PPT volunteers as “Malta

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lay missionaries.”  The letter asked recipients to make donations to support these Malta lay missionaries; checks, it said, “may be made out to the Order of Malta in CT.”

  1. Computers used at PPT were owned directly by the Order of Malta; a car dedicated to use by PPT was registered to the Order of Malta or to a Malta-affiliated entity and provided to PPT.
  2. At all relevant times, the New England Jesuit Order has stated that it may send its members anywhere in the world to serve. At all relevant times, members of the New England Jesuit Order have often been sent on missions to areas operated by other provinces in places around the world, including Haiti.
  3. During relevant times, Jesuits in training were sent to work at PPT. One such Jesuit trainee lived in the PPT staff residence in the early part of 2008.
  4. From at least 1999 to sometime in 2008, Defendant Perlitz travelled from the Republic of Haiti via airline flights to the States of Florida and New York. From Florida and New York Perlitz would then travel to Connecticut to engage in fundraising to raise substantial funds for the Haiti Fund from residents of Connecticut, New York and other states to support activities of PPT in Haiti. After engaging in such fundraising in and around this time period, Perlitz would then travel from Connecticut to Florida and New York where Perlitz purchased airline tickets to return to Haiti.
  5. From at least 1999 to sometime in 2008, Father Carrier and Carter participated in raising substantial funds for the Haiti Fund from residents of Connecticut, New York and other states to support activities of PPT in Haiti. In and around this time period Father Carrier and Carter would regularly travel from Connecticut to Florida or New York where they purchased airline tickets to travel to Haiti to visit and supervise PPT. Father Carrier and Carter would then return from Haiti via airline flights to Florida or New York and then travel back to Connecticut.

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 Father Carrier and Carter made these trips as representatives of Fairfield University, the New England Jesuit Order, the Haiti Fund, and the Order of Malta.

  1. As the Chairman and then President of the Haiti Fund, and as Director of Campus Ministry and Community Service at Fairfield University, Father Carrier was obliged to supervise and monitor the program at PPT, which was being supported with funds from the Haiti Fund and from Fairfield University, and which was being staffed, in part by volunteers and missionaries from Fairfield University and by Jesuits in training.
  2. From prior to 2003 to sometime in 2008, Perlitz and the Haiti Fund, either directly or through PPT, purchased supplies in the United States which were taken to Haiti and used at PPT.
  3. During the relevant time period, a house in Bel Air, Haiti was maintained as a PPT staff residence. Perlitz lived in the house in Bel Air and had his own bedroom there. Staff volunteers also resided in the Bel Air house. Jesuits who visited PPT also stayed there.
  4. PPT was set up without even minimal safeguards for the children there. Perlitz had no relevant experience or training in running such a program when he was hired by Carrier, Carter, Fairfield University, the Order of Malta, and/or the Haiti Fund to direct PPT. None of PPT’s founders and benefactors provided any rules, standards, guidance, or supervision about the maintenance of boundaries and/or the protection of the children who would be utterly dependent on the program and its director. None of PPT’s founders or funders set up or provided any structure for oversight or evaluation of the program or for monitoring how Perlitz was performing. They sent Perlitz to Haiti invested with their authority and, insofar as the safety of the children served there, paid no attention to how he ran the program they gave him the money to set up.

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  1. This stands in contrast to the “Safety Policies” the Haiti Fund and its board created for Project Pierre Toussaint, to ensure the safety of the American volunteers who travelled to Haiti to work in the program. There were numerous rules and prohibitions regarding travel within Haiti and with respect to the “residence,” the house in Bel Air where PPT American staff resided. There were no rules regarding boundaries to be maintained between staff and children, and no rules about leaving children alone with a single staff member. Nor were the staff members who lived in the staff residence – primarily young, inexperienced volunteers — provided any training that would have helped them recognize that the sleeping arrangements at the staff residence, where boys routinely slept in Perlitz’s bedroom, were irregular and improper.
  2. The lack of policies to safeguard the children at PPT was also in violation of the policies and recommendations of the Catholic Church. In 1995, the National Conference of Catholic Bishops released a document entitled “Walk in the Light: a Pastoral Response to Child Sex Abuse.” The document recognized the problem of child sex abuse and the need for the Church to take steps to address it. In 2002, the United States Conference of Catholic Bishops at a widely publicized meeting issued a document entitled “Charter for the Protection of Children and Young People.” This document recognized the need for clear and well-publicized “standards of ministerial behavior and appropriate boundaries for clergy and for any other church personnel in positions of trust who have regular contact with children and young people.” The New England Jesuit Order states that it abides by the “Charter for the Protection of Children and Young People.” Despite the call for clear and well-publicized standards of behavior and boundaries, no such standards of behavior or boundaries were established at PPT by the New England Jesuit Order, by Fairfield University, a Jesuit institution, by the

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Order  of  Malta,  or  by  the  Haiti  Fund,  which  was  under  the  control  of  Fairfield University and the Order of Malta.

Perlitz’s Abuse of Boys at PPT

 

  1. Through PPT, Perlitz had access to, authority over, and control over the boys attending or receiving services at PPT. At all relevant  times,  Father  Carrier, Carter, the Haiti Fund, the Order of Malta, Fairfield University, the New England Jesuit Order, and John Doe One through John Doe Ten knew about Perlitz’s access to, authority over, and control over the boys at PPT.
  2. Through his role at PPT, Perlitz was in a position that the minor boys attending or receiving services at PPT would believe they could trust him. At all relevant times, Father Carrier, Carter, the Haiti Fund, the Order of Malta, Fairfield University, the New England Jesuit Order, and John Doe One through John Doe Ten knew that because of Perlitz’s position, the minor boys participating in PPT would believe they could trust Perlitz.
  3. Through his role at PPT, Perlitz was in a position that the minor boys attending or receiving services at PPT would have confidence that the conduct Perlitz engaged in was to further their best interests. At all relevant times, Father Carrier, Carter, the Haiti Fund, the Order of Malta, Fairfield University, the New England Jesuit Order, and John Doe One through John Doe Ten knew that because of Perlitz’s position, the minor boys participating in PPT would have confidence that the conduct Perlitz engaged in was to further their best interests.
  4. Father Carrier, Carter, and John Doe One through John Doe Five frequently traveled to Cap-Haitien, Haiti to visit Perlitz and Project Pierre Toussaint, or otherwise participated in activities at PPT. Father Carrier, Carter and John Doe One through  John  Doe  Five  became  aware  that  Perlitz  was  engaged  in  conduct  that

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endangered minor boys participating in PPT. In spite of this information,  Father Carrier, Carter, and John Doe One through John Doe Five aided and abetted Perlitz in Perlitz’s efforts to sexually abuse minor boys participating in PPT and in Perlitz’s efforts to conceal his sexual abuse of minors participating in PPT.

  1. Perlitz abused his position at PPT and betrayed the trust the minor boys placed in him by abusing many of the minor boys in his care.
  2. Perlitz employed several different tactics in his abuse of the minor boys in his care. In many instances, Perlitz suggested that boys sleep at the PPT staff residence in Bel Air, where Perlitz resided, rather than at the PPT residential facility. Indeed, although the boys at PPT were supposed to sleep at PPT’s residential facilities, Perlitz frequently had several boys stay at his home in the PPT house at Bel Air. Often one or more boys slept in Perlitz’s bedroom, while Perlitz was also sleeping there. More than one of the boys lived outright at the house in Bel Air for a substantial period of time.
  3. Perlitz summoned boys from PPT’s residential facilities to the house in Bel Air for the purpose of sexually molesting them; staff members were directed to send particular boys to Bel Air in the evening. On occasions, Perlitz came to the residential facilities at PPT and molested boys in their beds at the PPT residential facility.
  4. While the boys were sleeping, or about to sleep, Perlitz would begin molesting them and/or demanding that they engage in sexual conduct with him.
  5. Prior to Perlitz sexually assaulting the minor victims, Perlitz often provided intoxicating substances to the the minor victims to cloud their judgment and weaken their resistance.
  6. In other instances, Perlitz would demand sexual favors in exchange for shoes, clothing, money or other necessities. Boys who were willing to accede to Perlitz’s demand were provided with new clothes and shoes, as well as cash, while boys who

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refused Perlitz’s demands were forced to go without basic necessities.

  1. In many instances, Perlitz would cause the boys to believe that for those boys to continue to live at PPT’s facilities where the boys were provided room, board and educational services, the boys had to engage in sexual activity with Perlitz. Those boys understood if they could not continue to live at PPT’s facilities, they were faced with the stark reality that they would have to return to living on the streets.
  2. Perlitz caused minor boys at PPT to engage in commercial sex by pressing them to engage in sexual acts in exchange for cash, food, shelter, shoes, clothing or other necessities. Perlitz further recruited, enticed, and maintained these minor boys knowing that he would cause them to engage in these commercial sex acts.
  3. When boys at PPT would ask Perlitz at his office for financial assistance to buy necessities, such as shoes or clothes, Perlitz would direct those boys to request that financial assistance from the Haitian administrator of one of PPT’s residential facilities. When those boys would leave Perlitz’s office, Perlitz would then call that PPT administrator and direct that administrator to deny the requested financial assistance. After rejection from the administrator, those boys appealed to Perlitz who then demanded sex in exchange for financial assistance.
  4. Perlitz kept pornographic photos and films on his computer. On numerous occasions, Perlitz showed this material to the boys he was molesting.

Notice of Perlitz’s Activities

  1. At all relevant times, Father Carrier, Carter, Fairfield University, operated by the New England Jesuit Order, the New England Jesuit Order itself, the Order of Malta, and the Haiti Fund knew that PPT was providing basic services to extremely vulnerable Haitian minor children. At all relevant times, the Defendants knew that these  vulnerable  Haitian  minor  children  had  no  place  to  sleep,  except  at  PPT’s

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residential facilities; had no educational opportunity, except at PPT facilities; and had no funds for necessities, such as clothes and food, except for the funds PPT gave these minor children.

  1. Much of Perlitz’s molestation of minor boys took place at the PPT staff residence in Bel Air where Perlitz lived. That residence was an extremely small house. At least one of the rooms had been added to the house after the original construction, and windows that had once faced the outside of the house now faced into the added room. In addition, the shape and design of the house were such that the outside window to Perlitz’s room was visible from other rooms in the house, so that someone inside the house could look out, through the window, back into Perlitz’s room. As a result, there was little privacy and it was difficult to conceal from the rest of the house activities taking place in any part of it.
  2. In January, 2008, a Jesuit trainee arrived in Cap-Haitien for an assignment at PPT. Within three weeks, the trainee noted numerous problems at PPT, including concerns about Perlitz’s relationships with the children in the program. The trainee quickly noted the irregularity of the boys sleeping Perlitz’s bedroom.
  3. The bathroom that Perlitz used was across a passage from Perlitz’s bedroom; at one point, that passage was used as a sleeping area by the visiting Jesuit trainee. The trainee was thus able to observe that Perlitz had boys sleeping in his bedroom and also that Perlitz closed the door to his room when there was a boy sleeping there with him. Indeed, there was a window between the passage and Perlitz’s bedroom, so that anyone in the passage could see into the bedroom. Sounds carried easily within the house. With the door to Perlitz’s room closed, the Jesuit trainee could nonetheless hear voices from inside; the location and direction of the voices suggested that Perlitz and the boy were sharing the bed. The trainee also observed that Perlitz put

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on a towel when crossing to the bathroom, but otherwise appeared to be naked when he was in his room with the minor boys.

  1. The Jesuit trainee visiting PPT also observed that boys who were Perlitz’s favorites had expensive clothes, a high-end iPod, and privileges that other boys did not seem to share.
  2. In February, 2008, the Jesuit trainee met with a nun in Haiti whom Father Carrier had suggested he contact. When the trainee shared his reservations about PPT and about Perliz, the nun informed him that she and others in Haiti shared his reservations and concerns. By the end of February, the trainee had spoken to other volunteers in Haiti about problems at PPT, including the irregularity of the situation at the staff residence where many of the boys spent the night. These volunteers confirmed that they, too, had concerns about Perlitz and the project, but they had been unable to get Perlitz to address any of the issues they raised.
  3. The experience of the Jesuit trainee in Haiti shows how obvious and well- known concerns about Perlitz and PPT were in Cap-Haitien and how readily available the information was to anyone who looked for it.
  4. Information and warning signs were also available to PPT staff members, especially those who resided in the staff residence. Staff volunteers from PPT were present at the staff residence in Bel Air in the morning when minor boys who had spent the night in Perlitz’s bedroom were there and had obviously spent the night. American staff members from PPT, including volunteers from Fairfield University which was operated by the New England Jesuit Order, and apparently directly from the New England Jesuit Order, all under the supervision of Father Carrier, also resided in the staff residence. These staff members saw minor boys in the evening and then saw those same boys in the house early the next morning.  These staff members further saw boys

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in Perlitz’s bedroom in the staff residence house during the day, and at bedtime saw boys go to sleep in Perlitz’s bedroom.

  1. Some of the boys who were anally raped by Perlitz in Perlitz’s bedroom complained loudly while Perlitz penetrated them, such that other persons in the house could have and would have heard them.
  2. On several occasions, boys who had been abused by Perlitz told staff at PPT about the abuse. For example, several of the boys that Perlitz abused told Margaret Joseph, a psychologist/social worker employed by the Haiti Fund and/or PPT about the abuse. At least one boy told one of the tutors. Other staff members, including teachers, drivers, and a cook were aware that Perlitz was sexually abusing some of the boys at PPT. Some of the staff at PPT who were informed of the abuse were Americans, while others were Haitian.
  3. Father Carrier and Carter travelled frequently to Haiti to visit PPT and meet with Perlitz at the house in Bel Air. Many, if not all, of the boys that Perlitz abused knew both Father Carrier and Carter from their frequent visits. The boys who knew Father Carrier and Carter respected and trusted Father Carrier and Carter. Father Carrier, a New England Jesuit Order religious priest, a Magistral Chaplain of the Order of Malta, and University Chaplain/Director of Campus Ministry and Community Service of Fairfield University often celebrated mass for the PPT minor students.
  4. Father Carrier and Carter failed to speak to the boys in a setting where the boys could feel safe about reporting what they were experiencing at PPT. If Father Carrier and/or Carter learned of the abuse from the numerous staff persons who knew about it, including American staff persons and volunteers under Father Carrier’s supervision, they failed to take any steps to stop it or address it in any way.
    1. For a number of years Father Carrier regularly met with a  PPT Haitian

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staff administrator in Cap-Haitien to inquire about the PPT and the children served by PPT. When that Haitian staff administrator learned that Perlitz was sexually abusing minors, he confronted Perlitz and tried to stop Perlitz from continuing this behavior. Thereafter Father Carrier stopped consulting, or even greeting that PPT Haitian staff administrator.

  1. Father Carrier was acquainted with the nun in Haiti to whom he sent the visiting Jesuit trainee for advice. The nun was aware of problems at PPT, including problems in the relationship between Perlitz and the boys in his care. To the extent that Father Carrier failed to inquire of the nuns he knew in Haiti about conditions at PPT and about Perlitz in particular, Father Carrier was grossly negligent in his supervision of Perlitz on behalf of Fairfield University, the New England Jesuit Order, the Haiti Fund, and the Order of Malta. If, on the other hand, Father Carrier did learn from her about warning signs at PPT, he failed to take any steps to address them.
  2. Not only did Father Carrier and Carter neglect to seek out information about Perlitz’s conduct of PPT, they ignored warning signs that Perlitz was engaged in improper relationships with the minor boys at PPT, including:
    1. Father Carrier and Carter were present in the Bel Air staff residence while minor boys participating in PPT were also there. Both Father Carrier and Carter saw minor boys from PPT in Perlitz’s bedroom in the  Bel  Air house. Because PPT had residential facilities, there was no legitimate reason for the boys to be present at Perlitz’s home, even less to be in his bedroom in the Bel Air house.
    2. Father Carrier saw Perlitz show at least one PPT student a pornographic video on Perlitz’s computer in Perlitz’s bedroom in the Bel Air staff residence.

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  1. Both Father Carrier and Carter were aware that at least one of the boys was living in the Bel Air house.
  2. On at least one occasion, Father Carrier was present when Perlitz arranged a rendezvous at the Bel Air house with one of the boys for late in the evening.
  3. Father Carrier was present when Perlitz hugged one PPT minor student so that the front of Perlitz’s body was pressed against the back of that minor’s body.
  4. Father Carrier spent an evening at the Bel Air staff residence in an upstairs bedroom when another minor slept in Perlitz’s bedroom downstairs and was sexually abused by Perlitz that evening. Father Carrier knew that yet another minor was sleeping in Perlitz’s bedroom in the Bel Air house.
  5. Father Carrier was well aware that the Bel Air residence was several miles from PPT’s residential facilities and that there was no transportation available to take boys back to PPT late at night. When Father Carrier saw boys there late at night, he knew they would be spending the entire night there.
  6. All of these circumstances should have alerted Father Carrier and Carter that something was amiss in Perlitz’s dealings with the boys in his care at PPT. During all these events Father Carrier and Carter were officers of the Haiti Fund and members of the Order of Malta, of which Father Carrier was a Magistral Chaplain. During all these events Father Carrier was a New England Jesuit Order religious priest and University Chaplain/Director of Campus Ministry and Community Service of Fairfield University which was operated by the New England Jesuit Order.

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  1. The visits to PPT by Father Carrier, a religious priest of the New England Jesuit Order, and Carter, who had previously been appointed to, or elected to, leadership positions in Catholic affiliated organizations, such as the Order of Malta and the Canterbury School of New Milford, Connecticut, occurred at a time when those in leadership positions of organizations affiliated with the Catholic Church were well aware of the potential for sexual abuse of minor children by adults charged  with looking after their well-being. As already noted, the National Conference of Catholic Bishops released a document recognizing the problem of child sex abuse and the need for the Church to take steps to address it in 1995, three years before PPT was founded. Moreover, the “Charter for the Protection of Children and Young People,” which recognized the need for clear and well-publicized “standards of ministerial behavior and appropriate boundaries for clergy and for any other church personnel in positions of trust who have regular contact with children and young people” was issued in 2002. In addition, the New England Jesuit Order in January 2006 promulgated the New England Jesuit Order’s “Ethics in Ministry Policies” which proscribed the conduct in which Perlitz engaged.
  2. Thus, by the time that Perlitz was abusing minor boys in his care, the Catholic Church and its affiliates had been put on notice of the problem of child sex abuse and of the signs that a clergy member or a lay adult in charge of children was engaging in improper relationships with those children. Nonetheless, neither Father Carrier, nor Fairfield University, operated by the New England Jesuit Order, nor the New England Jesuit Order itself, nor Carter nor the Haiti Fund nor the Order of Malta – took any steps to protect the children in Perlitz’s care. On the contrary, they facilitated Perlitz’s crimes by continuing to provide him money and facilities to run PPT in the face of evidence that Perlitz was maintaining inappropriate relationships with boys in his care.

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  1. Although defendants failed to take any steps to protect the children  in

Perlitz’s care, it is clear that defendants were kept informed about activities at PPT and at the staff residence in Bel Air and that Father Carrier and Mrs. Carter acted as the eyes and ears of the Haiti Fund, Fairfield University, the New England Jesuit Order, and the Order of Malta in Haiti. Thus, during his visits to Haiti, Father Carrier learned that an adult volunteer had an adult Haitian girlfriend who occasionally spent the night at the Bel Air residence. Shortly thereafter, a member of the Haiti Fund board (and Fairfield University employee or former employee) phoned the volunteer in Haiti to admonish him about the inappropriateness of his girlfriend staying in the house. Clearly, the Haiti Fund and Fairfield University were receiving sufficient information for their representatives on the ground to monitor who was living in the Bel Air house and to involve themselves in those arrangements when they chose.

  1. While Father Carrier failed to monitor and/or report Perlitz’s improper activities at PPT, Fairfield University failed to properly supervise Father Carrier in his capacity as Chaplain and Director of Campus Ministry and, in particular, with respect to his role at PPT. Thus, Fairfield University failed to properly monitor PPT’s or Father Carrier’s activities in Haiti and failed to question Father Carrier to ensure that Father Carrier was carrying out his duties to appropriately supervise the program at PPT.
  2. The New England Jesuit Order, of which Father Carrier was a member, and which operated Fairfield University failed to properly supervise Father Carrier and Fairfield University with respect to their activities managing and overseeing PPT.
  3. The Order of Malta similarly failed to supervise Carter and Father Carrier with respect to their oversight of the Order of Malta’s project in Haiti. The Order of Malta failed to ensure that Carter and Father Carrier were properly supervising PPT and failed to ensure that proper procedures and safeguards were put in place at the project it claimed as its own.

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  1. Defendants Perlitz, Father Carrier, Carter, and the Haiti Fund hindered, delayed, and prevented communication to law enforcement officers, including law enforcement officers of the United States, of information relating to Perlitz’s violations of 18 U.S.C. § 2423 and 18 U.S.C. § 1591, in at least the following ways:
    1. In late 2007 and early 2008, after learning of claims that Perlitz had been molesting boys at PPT, the Haiti Fund conducted an investigation designed to discredit those claims and exonerate Perlitz. This investigation was not conducted in good faith. Instead, Father Carrier, Carter, and/or other officers of the Haiti Fund manipulated the investigation, and/or allowed Perlitz to manipulate it, by preventing and precluding other Haiti Fund board members – or anyone else — from questioning potential independent witnesses or otherwise engaging in any serious investigation. As a result, the Haiti Fund’s initial report declared there was no merit to claims Perlitz was sexually abusing boys at PPT. Had the Haiti Fund conducted a bona fide investigation at this time, it would not have exonerated Perlitz and would have realized it should convey information about Perlitz’s illegal conduct to law enforcement officers of the United States.
    2. In 2008, after the Haiti Fund initiated a second investigation of Perlitz’s activities in Haiti, Perlitz and Carter took steps to bar investigators hired by the Haiti Fund Board of Directors from entering Perlitz’s bedroom at the house in Bel Air, Haiti. That same year, in a further effort to prevent any real investigation into Perlitz’s conduct, Father Carrier and Carter

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 wrote a letter to Haiti Fund donors stating that the accusations against Perlitz were groundless, despite the fact that, by this time, both Father Carrier and Carter were on notice of Perlitz’s probable illegal conduct. These actions successfully delayed the conclusion of the second investigation. Had Father Carrier, Carter and other members of the Haiti Fund board not delayed the second investigation, the Haiti Fund would have realized sooner than it did that it should convey information about Perlitz’s illegal conduct to law enforcement officers of the United States, so that Perlitz could have been prosecuted – and stopped – earlier than in fact occurred.

  1. In 2008, at the behest of Perlitz (who was at that time barred from returning to Haiti himself), Carter flew to Haiti and removed one or more of Perlitz’s computers from the Bel Air house and took them with her to the United States. It appears that Carter removed the computer or computers to prevent investigators, including, ultimately, federal law enforcement personnel, from discovering pornographic material, which may have included pornography relating to young boys, stored on the computer or computers. Rather than turn the computer or computers over to investigators looking into Perlitz’s conduct, Carter delivered them to Perlitz. A year after Carter spirited the computers away from investigators, one of these computers was seized when Perlitz was arrested. United States investigators found that Perlitz had used that computer to visit websites focusing on sexual material relating to boys, such as EXTREMEGAYBOYS.COM, www.photosgayboys.com/teenboys, and www.spankteenboys.com.

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  1. From 1999 until 2008 the Haiti Fund, with substantial participation of Fairfield University, raised millions of dollars to support Perlitz’s activities with PPT. Perlitz used portions of these funds to groom his minor victims and to provide them with gifts or money in exchange for sexual acts. The Haiti Fund and Fairfield University, operated by the New England Jesuit Order, failed to institute generally- accepted safeguards – or any safeguards — to prevent the abuses which occurred.

Facts Pertaining to Mackenson Michel

 

  1. From in or around 2004, when Plaintiff Mackenson Michel was approximately 14 years of age, through in or around 2007, Defendant Perlitz, while in Haiti, engaged in explicit sexual behavior and lewd and lascivious behavior with Plaintiff, including but not limited to illicit sexual conduct with Plaintiff.
  2. Without limiting either the generality of the preceding paragraph or the specific number of instances of illicit conduct, during the time period referenced above, Defendant Perlitz coerced Plaintiff into performing illicit sexual conduct by means of implicit threats to Plaintiff to the effect that he would be thrown out of PPT and henceforth be denied access to the benefits and comforts of PPT. Among other things, Perlitz fondled Plaintiff, performed fellatio on Plaintiff, and engaged in acts of sodomy with Plaintiff on numerous occasions.
  3. Without limiting either the generality of the two immediate preceding paragraphs or the specific number of instances of illicit conduct, during the time period referenced above, Defendant Perlitz provided things of value to Plaintiff in return for illicit sexual conduct, including, among other things, money and a DVD player.
  4. During the time period of Plaintiff’s abuse by Defendant Perlitz, Defendant Father Carrier, who as described earlier was on notice as to the dangers Perlitz posed to minors, was present in Perlitz’ s home in Haiti when Plaintiff was there, and at times was in Perlitz’ s bedroom.

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  1. During the time period of Plaintiff’s abuse by Defendant Perlitz, Defendant Carter, who as described earlier was on notice as to the dangers Perlitz posed to vulnerable individuals, was present in Perlitz’ s Haitian home where the abuse took place.
  2. During the time period of Plaintiff’s abuse by Perlitz, other employees of PPT were aware that Plaintiff was being sexually abused by Perlitz.
  3. As a result of Defendant Perlitz’ s illicit sexual conduct, lewd and lascivious conduct, coercion and providing things of value to a minor for sex acts, Plaintiff has suffered deep emotional and physical pain, is suffering deep emotional and physical pain, and will suffer future deep emotional and physical pain.
  4. At all times material hereto, Defendant Perlitz misrepresented and concealed from Plaintiff the wrongful nature of the sexual and related activity and that such activity could harm Plaintiff.
  5. Victims of child sex abuse frequently have difficulty remembering the full extent of the abuse they suffered or, even when they do recall, may be unable to communicate all of the details of that abuse. They may also be unaware, or unable to communicate, the full extent of injury they have suffered from such abuse. As a victim of Perlitz’ s sexual abuse, Plaintiff is unable at this time to fully describe all of the details of that abuse and the extent of the harm he suffered as a result.

CLAIMS FOR RELIEF

FIRST CLAIM FOR RELIEF

Civil Remedy for Personal Injuries Pursuant to 18 U.S.C. § 2255 (against Defendant Perlitz)

  1. Plaintiff repeats, realleges, and incorporates by reference herein each and every allegation heretofore pleaded in paragraphs 1-108 set forth above.

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  1. Defendant Perlitz violated 18 U.S.C. § 2423(b), Travel With Intent To Engage In Illicit Sexual Conduct and was convicted of doing so. Plaintiff, while a minor, was a victim of Defendant Perlitz’s violation of 18 U.S.C. § 2423(b).
  2. Plaintiff has suffered substantial injuries as a result of Defendant Perlitz’s violations of 18 U.S.C. § 2423(b).
  3. By reason of the foregoing, Perlitz is liable to Plaintiff for damages in an amount to be proved at trial, as well as the cost of this suit, and reasonable attorney’s fees pursuant to 18 U.S.C. § 2255.

PLAINTIFFS SECOND CLAIM FOR RELIEF:

Civil Remedy for Personal Injuries Pursuant to 18 U.S.C. § 2255

(against Defendants Father Carrier, Carter, the Haiti Fund, John Doe One, John Doe Two, John Doe Three, John Doe Four and John Doe Five)

 

  1. Plaintiff repeats, realleges, and incorporates by reference herein each and every allegation heretofore pleaded in paragraphs 1-112 above.
  2. Defendant Perlitz violated 18 U.S.C. § 2423 (b), Travel With Intent To Engage In Illicit Sexual Conduct.
  3. Defendants Father Carrier, Carter, the Haiti Fund, John Doe One, John Doe Two, John Doe Three, John Doe Four, and John Doe Five aided and abetted Defendant Perlitz in violating 18 U.S.C. § 2423 (b).
  4. Defendants Father Carrier and Carter were accessories after the fact to Perlitz’s violation of 18 U.S.C. § 2423 (b).
  5. Plaintiff, while a minor, was a victim of the above referenced violations of 18 U.S.C. § 2423 (b), which Defendants Father Carrier, Carter, Haiti Fund, John Doe One, John Doe Two, John Doe Three, John Doe Four, and John Doe Five aided and abetted Defendant Perlitz in committing and/or were accessories after the fact to those violations.

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  1. Plaintiff has suffered substantial injuries as a result of the assistance provided by Defendants Father Carrier, Carter, Haiti Fund, and John Doe One through John Doe Five to Defendant Perlitz for the purpose of aiding and abetting Defendant Perlitz’s violation of 18 U.S.C. §2423 (b) and/or the assistance provided to Defendant Perlitz after the fact.
  2. By reason of the foregoing, Defendants Father Carrier, Carter, Haiti Fund, and John Doe One through John Doe Five are liable to Plaintiff for damages in an amount to be proved at trial, as well as the cost of this suit, and reasonable attorney’s fees pursuant to 18 U.S.C. § 2255.

PLAINTIFFS THIRD CLAIM FOR RELIEF

Violation of Customary International Law (against Defendant Perlitz)

  1. Plaintiff repeats, realleges, and incorporates by reference herein each and every allegation heretofore pleaded in paragraphs 1-119 above.
  2. It is long settled that the law of Nations is part of federal common law, and that federal courts are empowered to address claims against those that commit, aid, or abet violations of international law.
    1. Sexual abuse of children violates the norms of customary  international law.
  1. The withholding of food, shelter, clothing, shoes, or money in  order to coerce children to engage in unwanted sexual acts violates the norms of customary international law.
  1. Coercing impoverished children into accepting food, shelter, clothing, shoes, or money in exchange for unwanted sexual acts violates the norms of customary international law.
    1. The  international  norms  governing  sexual  abuse  and  exploitation  of children are recognized in the United Nations Convention on the Rights of the Child (UNCRC), to which United States is a signatory. Article 4 of the UNCRC provides:

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States Parties undertake to protect the child from all forms of sexual exploitation and sexual abuse. For these purposes, States Parties shall in particular take all appropriate national, bilateral and multilateral measures to prevent:
(a)   The inducement or coercion of a child to engage in any unlawful sexual activity;

(b)   The exploitative use of children in prostitution or other unlawful sexual practices;

(c)   The exploitative use of children in pornographic performances and materials.

  1. Sexual abuse has been further recognized in international law in the United Nations Committee Against Torture’s Initial Report, as a cruel act that violates international norms of behavior. The Vienna Declaration of the World Conference on Human Rights urges all States

to address the acute problem of children under especially difficult circumstances. Exploitation and abuse of children should be actively combated, including by addressing their root causes. Effective measures are required against female infanticide, harmful child labour, sale of children and organs, child prostitution, child pornography, as well  as other forms of sexual abuse.

  1. Numerous other international norms recognize the special vulnerability of children and the special need for their protection. For example, Article 25, Section 2, of the United Nations Universal Declaration of Human Rights states that, “Motherhood and childhood are entitled to special care and assistance,” and that, “[a]ll children . . . shall enjoy the same social protection.” Similarly, the United Nations International Covenant on Civil and Political Rights prohibits the death sentence for offenders under

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 the age of eighteen, requires the segregation of adults and children in prisons, and requires the protection of children in divorce proceedings. The United Nations General Assembly Resolution on U.N. Guidelines for the Prevention of Juvenile Delinquency provides that societies must nurture children and treat them as individuals with human dignity and the need for society’s protection.

  1. Similar support for the protection of children may be found in other multinational fora. For example, the Summit of the Americas Declaration of Principles and Plan of Action calls for member states to “[u]ndertake all measures necessary to guarantee the rights of children.” The Paris Economic Summit declared that “the rights of the child . . . require special protection.”
  2. Together, these conventions, reports, guidelines and other documents show a near-universal recognition of the need to protect children from exploitation and abuse, including sexual abuse and child prostitution.
  3. The international norm that prohibits sexual abuse of children is sufficiently specific, universal, and obligatory to warrant recognition in this Court.
  4. The international norm that prohibits the withholding of food, shelter, clothing, shoes, or money in order to coerce children to engage in unwanted sexual acts is sufficiently specific, universal, and obligatory to warrant recognition in this Court.
  5. The international norm that prohibits coercing impoverished children into accepting food, shelter, clothing, shoes, or money in exchange for unwanted sexual acts is sufficiently specific, universal, and obligatory to warrant recognition in this Court.
  6. Perlitz’s conduct as described herein constitutes a tort in violation of the law of the Nations.  Plaintiff suffered injury as a result of that conduct.
  7. By reason of the foregoing, Perlitz is liable to Plaintiff for tortious conduct in violation of the law of Nations in an amount to be proved at trial.

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PLAINTIFFS FOURTH CLAIM FOR RELIEF

Violation of Customary International Law

(against Defendants Father Carrier, Carter, John Doe One, John Doe Two, John Doe Three, John Doe Four, and John Doe Five)

  1. Plaintiff repeats, realleges, and incorporates by reference herein each and every allegation heretofore pleaded in paragraphs 1-134 above.
  2. Father Carrier, Carter, John Doe One, John Doe Two, John Doe Three, John Doe Four, and John Doe Five aided and abetted Perlitz in violating the law of Nations as described herein.
  3. It is long settled that the law of Nations is part of federal common law, and that federal courts are empowered to address claims against those that aid or abet violations of international law.
  4. Plaintiff suffered injury as a result of the tortious conduct which Father Carrier, Carter, John Doe One, John Doe Two, John Doe Three, John Doe Four, and John Doe Five aided and abetted.
  5. By reason of the foregoing, Defendants Father Carrier, Carter, John Doe One, John Doe Two, John Doe Three, John Doe Four, and John Doe Five are liable to Plaintiff for tortious conduct in violation of the law of Nations in an amount to be proved at trial.

PLAINTIFFS FIFTH CLAIM FOR RELIEF

Negligent Hiring, Retention, Direction and Supervision

(against Defendants Father Carrier, Carter, the Haiti Fund, the Order of Malta, Fairfield University, the New England Jesuit Order, and John Doe Six, John Doe Seven, John Doe Eight, John Doe Nine, and John Doe Ten)

  1. Plaintiff repeats, realleges, and incorporates by reference herein each and every allegation heretofore pleaded in paragraphs 1-139 above.
  2. At all times relevant to this action, the responsibilities of Father Carrier, Carter, the Haiti Fund, the Order of Malta, Fairfield University, the New England Jesuit

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Order, John Doe Six, John Doe Seven, John Doe Eight, John Doe Nine, and John Doe Ten (hereinafter referred to as the “Perlitz Supervisory Defendants”) included the hiring, retention, direction, and supervision of Perlitz.

  1. At all times relevant to this action, the Perlitz Supervisory Defendants knew or should have known that Perlitz would interact and was interacting with individuals, including minors, and more specifically, was interacting with Plaintiff.
  2. At all times relevant to this action, the Perlitz Supervisory Defendants had a special relationship with Perlitz and/or with Plaintiff.
  3. At all times relevant to this action, the Perlitz Supervisory Defendants had a duty of care to properly hire, retain, direct, and supervise individuals of good reputation and character who, it was known, would be interacting with minors in the Republic of Haiti.
  4. At all times relevant to this action, the Perlitz Supervisory Defendants negligently breached said duty by hiring and retaining Perlitz, an individual whom the Perlitz Supervisory Defendants knew or should have known was of bad character and reputation and unable to properly interact with minors. The Perlitz Supervisory Defendants improperly and inadequately directed and supervised Perlitz.
  5. At all times relevant to this action, the Perlitz Supervisory Defendants knew or should have known that Perlitz’s intentional and negligent conduct would result in severe mental and emotional suffering by Plaintiff.
  6. As a direct and proximate result of the Perlitz Supervisory Defendants’ negligent conduct, Plaintiff suffered and will continue to suffer in the future: severe and permanent mental distress and emotional injuries, financial expenses for medical and therapeutic care and treatment; lost long-term earning capacity; as well as other damages.

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  1. By reason of the foregoing, the Perlitz Supervisory Defendants are liable to Plaintiff for negligent hiring, retention, direction, and supervision, in an amount to be proved at trial.

PLAINTIFFS SIXTH CLAIM FOR RELIEF

Negligent Hiring, Retention, Direction, and Supervision

(against Defendants the Haiti Fund, Fairfield University, the New England Jesuit Order, John Doe Eleven and John Doe Twelve)

 

  1. Plaintiff repeats, realleges, and incorporates by reference herein each and every allegation heretofore pleaded in paragraphs 1-148 above.
  2. At all times relevant to this action, the responsibilities of the Haiti Fund, Fairfield University, the New England Jesuit Order, John Doe Eleven and John Doe Twelve (hereinafter referred to as the “Father Carrier Supervisory Defendants”) included the hiring, retention, direction, and supervision of Defendant Father Carrier.
  3. At all times relevant to this action, the Father Carrier Supervisory Defendants knew or should have known that Father Carrier was directly managing, supervising, controlling and directing Perlitz who the Father Carrier Supervisory Defendants knew or should have known was interacting with minors, and more specifically, was interacting with Plaintiff.
  4. At all times relevant to this action, the Father Carrier Supervisory Defendants had a special relationship with Father Carrier and/or with Plaintiff.
  5. At all times relevant to this action, the Father Carrier Supervisory Defendants had a duty of care to properly hire, retain, direct, and supervise individuals of good reputation and character who directly managed, supervised, controlled and directed Perlitz who was interacting on a daily basis with extremely vulnerable minors in the Republic of Haiti.
    1. At  all  times  relevant  to  this  action,  the  Father  Carrier   Supervisory

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Defendants negligently breached said duty by hiring and retaining Father Carrier, an individual whom the Father Carrier Supervisory Defendants knew or should have known was of bad character and reputation and unable to properly manage, supervise, control and direct Perlitz who was interacting on a daily basis with extremely vulnerable minors in the Republic of Haiti. The Father Carrier Supervisory Defendants improperly and inadequately directed and supervised Father Carrier.

  1. At all times relevant to this action, the Father Carrier Supervisory Defendants knew or should have known that Father Carrier’s intentional and negligent conduct would result in severe mental and emotional suffering by Plaintiff.
  2. As a direct and proximate result of the Father Carrier Supervisory Defendants’ negligent conduct, Plaintiff suffered and will continue to suffer in the future: severe and permanent mental distress and emotional injuries, financial expenses for medical and therapeutic care and treatment; lost long-term earning capacity; as well as other damages.
  3. By reason of the foregoing, the Father Carrier Supervisory Defendants are liable to Plaintiff for negligent hiring, retention, direction and supervision in an amount to be proved at trial.

PLAINTIFFS SEVENTH CLAIM FOR RELIEF

Breach of Fiduciary Duty

(against Defendants Father Carrier, Carter, the Haiti Fund, the Order of Malta, Fairfield University, the New England Jesuit Order, and John Doe One through John Doe Twelve)

  1. Plaintiff repeats, realleges, and incorporates by reference herein each and every allegation heretofore pleaded in paragraphs 1-157 above.
  2. At all relevant times, Father Carrier, Carter, the Haiti Fund, the Order of Malta, Fairfield University, the New England Jesuit Order, and John Doe One through John Doe Twelve knew that PPT, operated, managed and controlled by Defendant

40

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Perlitz, was providing services to extremely vulnerable minors in the Republic of Haiti.

  1. At all relevant times, Father Carrier, Carter, the Haiti Fund, the Order of Malta, Fairfield University, the New England Jesuit Order, and John Doe One through John Doe Twelve sponsored and promoted PPT which the Defendants knew was providing services to extremely vulnerable minors in the Republic of Haiti.
  2. Father Carrier, Carter, the Haiti Fund, the Order of Malta, Fairfield University, the New England Jesuit Order, and John Doe One through John Doe Twelve each had a fiduciary obligation to the Haitian minors participating in PPT, specifically including Plaintiff.
  3. Father Carrier, Carter, the Haiti Fund, the Order of Malta, Fairfield University, the New England Jesuit Order, and John Doe One through John Doe Twelve each breached their fiduciary duty to Plaintiff.
  4. As a direct and proximate result of the breach of fiduciary duty by Defendants Father Carrier, Carter, the Haiti Fund, the Order of Malta, Fairfield University, the New England Jesuit Order, and John Doe One through John Doe Twelve, Plaintiff suffered and will continue to suffer in the future: severe and permanent mental distress and emotional injuries, financial expenses for medical and therapeutic care and treatment; lost long-term earning capacity; as well as other damages.
  5. By reason of the foregoing, Defendants Father Carrier, Carter, the Haiti Fund, the Order of Malta, Fairfield University, the New England Jesuit Order, and John Doe One through John Doe Twelve are liable to Plaintiff in an amount to be proved at trial.

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PLAINTIFFS EIGHTH CLAIM FOR RELIEF

Vicarious Liability

(against Defendants Father Carrier, Carter, Haiti Fund, the Order of Malta, Fairfield University, The New England Jesuit Order, John Doe Six, John Doe Seven, John Doe Eight, John Doe Nine, and John Doe Ten)

  1. Plaintiff repeats, realleges, and incorporates by reference herein each and every allegation heretofore pleaded in paragraphs 1-164 above.
  2. At all relevant times Defendants Haiti Fund and/or the Order of Malta funded, managed, controlled and directed Project Pierre Toussaint (“PPT”). At all relevant times, Perlitz was the agent of the Haiti Fund and the Order of Malta in the Republic of Haiti managing, controlling and directing PPT.
  3. At all relevant times Father Carrier was Chairman and/or President of the Haiti Fund and a Magistral Chaplain of the Order of Malta. At all relevant times, Carter was a member of the Board of Directors of the Haiti Fund and a Dame of the Order of Malta; during part of this time, she was the Secretary of the Board of the Haiti Fund. On numerous occasions Father Carrier and Carter traveled to Haiti to manage and oversee PPT.  At all relevant times Perlitz acted as an agent of Father Carrier and Carter.
  4. At all relevant times, Fairfield University was operated by the New England Jesuit Order. During the relevant time period, Fairfield University placed employees, officers, or agents of Fairfield University in management and/or leadership positions of the Haiti Fund. At all relevant times, such employees, officers, or agents of Fairfield University held positions of management and/or leadership at the Haiti Fund. At all relevant times, Fairfield University represented that PPT was engaged in activities supported, managed and sponsored by Fairfield University. At all relevant times Perlitz acted as an agent of Defendant Fairfield University.
  5. At relevant times Perlitz acted as an agent of Defendants John Doe Six, John Doe Seven, John Doe Eight, John Doe Nine, and John Doe Ten.

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  1. Through PPT, Perlitz was in a position that the minor boys participating in PPT would believe they could trust him. Through PPT, Perlitz was in a position that the minor boys participating in PPT would have confidence that Perlitz’s conduct was to further the best interests of the minor boys.
  2. Perlitz used the existence of his agency relationship with the Haiti Fund, the Order of Malta, Father Carrier, Carter, Fairfield University, the New England Jesuit Order, John Doe Six, John Doe Seven, John Doe Eight, John Doe Nine, and John Doe Ten to gain the trust and confidence of Plaintiff so that Perlitz could sexually molest Plaintiff and, using the existence of that agency relationship and the trust it engendered, did, in fact, molest Plaintiff.
  3. As a direct and proximate result of the above-described conduct, Plaintiff suffered and will continue to suffer in the future: severe and permanent mental distress and emotional injuries, financial expenses for medical and therapeutic care and treatment; lost long-term earning capacity; as well as other damages.
  4. By reason of the foregoing, the Haiti Fund, the Order of Malta, Father Carrier,      Carter,      Fairfield      University,      the       New       England       Jesuit Order, John Doe Six, John Doe Seven, John Doe Eight, John Doe Nine, and John Doe Ten are liable to Plaintiff in an amount to be proved at trial.

PLAINTIFFS NINTH CLAIM FOR RELIEF

Civil Remedy for Personal Injuries Pursuant to 18 U.S.C. § 1595 (against Defendant Perlitz)

  1. Plaintiff repeats, realleges, and incorporates by reference herein each and every allegation heretofore pleaded in paragraphs 1-173 above.
  2. Perlitz caused Plaintiff, who was then under the age of 18, to engage in commercial sex in Haiti by pressing him to engage in sexual acts in exchange for things of value, including but not limited to, sneakers, pants, shirts and pens.  Perlitz further

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recruited, enticed, and maintained Plaintiff knowing that Perlitz would cause him to engage in these commercial sex acts. The money to finance Perlitz’s venture came from the United States, so that Perlitz’s conduct affected foreign commerce.

  1. Perlitz’s acts constitute a violation of 18 U.S.C. § 1591 which prohibits sex trafficking of children.  Plaintiff was a victim of Perlitz’s violations of § 1591.
  2. By reason of the foregoing, Perlitz is liable to Plaintiff for damages in an amount to be proved at trial, as well reasonable attorney’s fees pursuant to 18 U.S.C.

§ 1595.

PLAINTIFFS TENTH CLAIM FOR RELIEF

Civil Remedy for Personal Injuries Pursuant to 18 U.S.C. § 1595 (against Defendants Father Carrier and Carter)

  1. Plaintiff repeats, realleges, and incorporates by reference herein each and every allegation heretofore pleaded in paragraphs 1-177 above.
  2. Father Carrier and Carter knew that Perlitz was violating or had violated 18 U.S.C. § 1591.
  3. Father Carrier and Carter aided and abetted Perlitz in violating 28 U.S.C. § 1591 and are liable under that statute to the same extent as Perlitz.
  4. Father Carrier and Carter attempted to obstruct, interfere with or prevent the enforcement of 28 U.S.C. § 1591.
  5. Plaintiff was a victim of the violations of § 1591 that were aided and abetted by Father Carrier and Carter.
  6. Father Carrier and Carter provided comfort and assistance to Perlitz to hinder or prevent Perlitz’s apprehension or punishment. Father Carrier and Carter were accessories after the fact as defined by 18 U.S.C. § 3.
  7. Plaintiff was a victim of the comfort and assistance Father Carrier and Carter provided to Perlitz to prevent Perlitz’s apprehension or punishment as such

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conduct delayed relief for the substantial emotional harm Defendants’ conduct caused Plaintiff.

  1. By reason of the foregoing, Father Carrier, Carter, the Haiti Fund, John Doe One, John Doe Two, John Doe Three, John Doe Four and John Doe Five are liable to Plaintiff for damages in an amount to be proved at trial, as well as reasonable attorney’s fees pursuant to 18 U.S.C. § 1595.

PLAINTIFFS ELEVENTH CLAIM FOR RELIEF

Civil Remedy for Personal Injuries Pursuant to 18 U.S.C. § 1595

(against Defendants the Haiti Fund, John Doe One, John Doe Two, John Doe Three, John Doe Four and John Doe Five)

  1. Plaintiff repeats, realleges, and incorporates by reference herein each and every allegation heretofore pleaded in paragraphs 1-185 above.
  2. The Haiti Fund, John Doe One, John Doe Two, John Doe Three, John Doe Four and John Doe Five aided and abetted Perlitz in violating 28 U.S.C. § 1591 and are liable under that statute to the same extent as Perlitz.
  3. Plaintiff was a victim of the violations of § 1591 that were aided and abetted by the Haiti Fund, John Doe One, John Doe Two, John Doe Three, John Doe Four and John Doe Five.
  4. By reason of the foregoing, the Haiti Fund, John Doe One, John Doe Two, John Doe Three, John Doe Four and John Doe Five are liable to Plaintiff for damages in an amount to be proved at trial, as well reasonable attorney’s fees pursuant to 18 U.S.C.

§ 1595.

PLAINTIFFS TWELFTH CLAIM FOR RELIEF

Civil Remedy for Personal Injuries Pursuant to 18 U.S.C. § 1595

(against Defendants Father Carrier, the Haiti Fund and Fairfield University)

  1. Plaintiff repeats, realleges, and incorporates by reference herein each and every allegation heretofore pleaded in paragraphs 1-189 above.

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  1. The Haiti Fund and Fairfield University have knowingly benefitted financially from PPT by touting their involvement in PPT as a basis for fund-raising activities. The Haiti Fund and Fairfield University have received contributions based on and/or because of their involvement in PPT.
  2. Father Carrier knowingly benefitted financially from PPT in that Father Carrier was an officer of the Haiti Fund, which received large sums of money, apparently with substantial sums not accounted for.
  3. Father Carrier, the Haiti Fund, and Fairfield University knew or should have known that PPT, through Perlitz, was engaged in activities in violation of 18

U.S.C. § 1591.

  1. By reason of the foregoing, Father Carrier, the Haiti Fund and Fairfield University are liable to Plaintiff for damages in an amount to be proved at trial, as well as reasonable attorney’s fees pursuant to 18 U.S.C. § 1595.

PRAYER FOR RELIEF

 WHEREFORE   Plaintiff  Mackenson  Michel  respectfully  demands  judgment  of $20,000,000 in damages against each Defendant for each claim Plaintiff Mackeson Michel states against each Defendant, plus costs, interest, attorneys’ fees, and such other and further relief as this Court deems just and equitable.

PLAINTIFFS JURY TRIAL DEMAND

 Plaintiff demands a trial by jury on all claims so triable. Dated:  November 12, 2012

 

By Plaintiff’s Attorneys,

 

By:      /s/      Mitchell Garabedian             Mitchell Garabedian (phv04676) garabedianlaw@msn.com William H. Gordon (phv04677)

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garabedianlaw@earthlink.net

LAW OFFICES OF MITCHELL GARABEDIAN
100 State Street, 6th Floor
Boston, MA 02109
Phone:  (617) 523-6250

Paul J. Hanly, Jr. (phv04680) phanly@hanlyconroy.com Jayne Conroy (phv04679) jconroy@hanlyconroy.com Andrea Bierstein (phv04678) abierstein@hanlyconroy.com

HANLY CONROY BIERSTEIN SHERIDAN FISHER & HAYES LLP
112 Madison Ave., 7th floor New York, New York 10016 Phone:  (212) 784-6400
Steven J. Errante (ct04292) SErrante@ltke.com  Marisa A. Bellair (ct23802)

LYNCH, TRAUB, KEEFE, & ERRANTE, P.C.
P.O. Box 1612
52 Trumbull Street
New Haven, CT 06510
Phone:  (203) 787-0275
Fax:  (203) 782-0278

Counsel for Plaintiff Mackenson Michel

47

De: Robert Bryan Davis <robertbryandavis@me.com>
Objet: Machete Michael Geilenfeld Missionary Of god In Haiti
À: “Renee Dietrich” <sjgrants@hotmail.com>, “Walnes Cangas” <walnes03@hotmail.com>, “Gary Beauvil” <garybeauvil@yahoo.fr>
Cc: “alison.k@baltsun.com” <alison.k@baltsun.com>, “andrea.siegel@baltsun.com” <andrea.siegel@baltsun.com>, “andrea.walker@baltsun.com” <andrea.walker@baltsun.com>, “andy.rosen@baltsun.com” <andy.rosen@baltsun.com>, “annie.linskey@baltsun.com” <annie.linskey@baltsun.com>, “arthur.hirsch@baltsun.com” <arthur.hirsch@baltsun.com>, “Gerald Jean Baptiste” <gerald.baptiste@bridgetreecapital.com>, “Bill.Henry@baltimorecity.gov” <Bill.Henry@baltimorecity.gov>, “Brandon.Scott@baltimorecity.gov” <Brandon.Scott@baltimorecity.gov>, “breakingnews@newsobserver.com” <breakingnews@newsobserver.com>, “Bruce.Tyler@Richmondgov.com” <Bruce.Tyler@Richmondgov.com>, “candy.thomson@baltsun.com” <candy.thomson@baltsun.com>, Carl.Stokes@baltimorecity.gov, cdinsmore@baltsun.com, childs.walker@baltsun.com, Chris.Hilbert@Richmondgov.com, “Vony-tza Cine” <info@consulathaiti-atlanta.org>, “Vony-tza Cine” <vcine@consulathaiti-atlanta.org>, content@newsobserver.com, CouncilPresident@baltimorecity.gov, Cynthia.Newbille@Richmondgov.com, dave.rosenthal@baltsun.com, dcatania@dccouncil.us, Doug.Conner@Richmondgov.com, ecanzian@baltsun.com, Edward.Reisinger@baltimorecity.gov, Ellen.Robertson@Richmondgov.com, erica.green@baltsun.com, fred.rasmussen@baltsun.com, “IGNATIUS GROUP” <ignatiusgroup@gmail.com>, hanah.cho@baltsun.com, Helen.Holton@baltimorecity.gov, hope.keller@baltsun.com, jacques.kelly@baltsun.com, James.Kraft@baltimorecity.gov, jamie.hopkins@baltsun.com, jean.marbella@baltsun.com, “Youmi Jeannot” <yjeannot@consulathaiti-atlanta.org>, “Nickson Jeanfrancois” <nicksonjeanfrancois@yahoo.fr>, jonathan.pitts@baltsun.com, jennifer.badie@baltsun.com, joseph.burris@baltsun.com, julie.scharper@baltsun.com, justin.fenton@baltsun.com, Kathy.Graziano@RichmondGov.com, “Paul Kellen” <paulkellen@aol.com>, kimberly.walker@baltsun.com, kmcduffie@dccouncil.us, krector@baltsun.com

Date: Vendredi 14 décembre 2012, 1h03

December 13, 2012. 7 pm -5 GMT

Renee, Walnes, Gary

Stop the abuse.

Bill Nathan attacked Destin, a fellow graduate of St. Joseph Home for Boys, with a machete two nights ago.

Stop the abuse.

I believe you have known about the abuse committed by Geilenfeld for quite some time.

Speak out.

If you don’t,  you might find yourself preparing for a law suit.  The folks who stubbornly supported Doug Perlitz are.  See the legal complaint attached.  (Search this blog for a copy of the legal complaint against Perlitz and others).

Geilenfeld, and anyone else  who perpetrates violence against the children must be outed to authorities.  AND IT MUST STOP.

https://istwanouayisyen.com/?cat=10.
http://dossiergeilenfeld.blogspot.com
http://haitionetable.blogspot.com/2012/05/lundi-13-juin-2011-haiti-pedophil-one.html.

Michael Geilenfeld has been accused of sexual abuse for over 25 years 5+ times.  And two nights ago Bill Nathan, Michael Geilenfeld’s right hand man, attacked Destin with a machete, probably because he has been speaking the truth about the abuse going on at St Joseph’s Home For Boys with Geilenfeld leading the way.

Michael Geilenfeld,
Founder of St Joseph’s Home For Boys,
Director Of Sexual Abuse, St Joseph Family of Orphanages
Extortion Of Chistians Expert

Renee Dietrich
Director of Grants, St Joseph’s Family of Orphanages
Assistant to Michael Geilenfeld

Walnes Canges
Assistant to Michael Geilenfeld

Gary Beauvil
Assistant To Michael Geilenfeld

DO NOT ALLOW ANYONE ELSE TO BE HURT.
STOP ASSISTING GEILENFELD
SPEAK TRUTH

Baltimore, Richmond,  D.C.,  Michael Geilenfeld’s Resurrection Dance Theatre (RDT) visited your cities Recently.  Please pay attention to this.

Robert Bryan Davis

 

Begin forwarded message:

From: PAUL KENDRICK <kendrickpt@aol.com>

Date: December 11, 2012, 10:18:36 AM EST

To: Paul Kendrick <kendrickpt@aol.com>

Subject: 12/10/12 Amended Complaint — Civil lawsuits by 24 Haitian child sexual abuse victims

 

 

Landmark U.S. civil cases – 24 Haitian child sexual abuse victims.

From: Valerie [mailto:sneskrid@charter.net] 
Sent: Tuesday, December 18, 2012 2:40 PM
To:info@heartswithhaiti.org‘
Subject: RE: Response Regarding Bill Nathan’s Arrest

I have received the following email response to Bill Nathan’s recent arrest in Haiti.  I would just like to set the record straight, and give an accurate description of what took place.

According to several witnesses,

Bill and the man he attacked grew up at St. Joseph’s Home for Boys.  Bill became angry at the other man and attacked him with a machete.  The man had no way to defend himself.  After being struck in the head with the machete, he put his arm over his head to protect it, and then Bill hacked his arm more than once.  Witnesses restrained Bill for the police, and others took the victim to the hospital for treatment of his wounds.  Bill was then taken in front of a magistrate judge, who had him taken to prison.  Two days later, someone paid bail for Bill’s release.  Bill is now scheduled to return to court on January 9th for a hearing.

I feel it is important that sources be checked, and information verified before it is sent out in the future.  Please keep everyone involved in your prayers, as this unfortunate situation comes to light.

Deuteronomy 10:17-18

“For the LORD your God is God of gods and Lord of lords, the great God, mighty and awesome, who is not partial and takes no bribe, who executes Justice for the orphan and the widow, and who loves the strangers, providing them food and clothing”

2 Chronicles 19:6

“judge not on behalf of human beings but on the LORD’S behalf and he will be with you in giving judgment”

The quality of justice in Judah was determined by how faithfully the judges committed themselves to the belief that they worked on the Lord’s behalf, how well they resisted bribery, and how hard they tried to recognize and overcome any feelings of partiality.  The same is true for all who work in judicial systems today.

My prayer, “O God, be with all those who work in the judicial system.  Help them operate out of a sense that they are serving not merely on their own behalf, but on behalf of a high standard of true justice”

In his Grip,
Valerie Dirksen
Suwanee, Georgia

—– Forwarded Message —-
From: Hearts with Haiti <info@heartswithhaiti.org>
To: info@heartswithhaiti.orgSent: Sat, December 15, 2012 12:24:56 PM
Subject: Response Regarding Bill Nathan

Dear Friends and Supporters of Hearts with Haiti and the St. Joseph Family, Haiti:

In response to recent emails from Bryan Davis, please allow Hearts with Haiti to share a statement regarding this matter, as relayed to us by the St. Joseph Family:

“We are sorry you were bombarded with such negativity and falsity in the communication you received. We also received that email and can tell you that the only truth in it was that Bill Nathan was in custody for a couple of days. However the circumstances and result that you were told were intentionally misleading and above-all, false. On Wednesday, December 12, 2012, Bill was attacked and defended himself, causing a scratch on his attacker. The attacker then sought to persecute him by going to the police. Bill went with the police willingly and worked through the Haitian justice system. He spent two nights in jail as the incident was investigated and the situation came before a judge. He was cleared by a judge and released, on Friday, when the truth came to light. We are happy to respond to your concerns with the truth.”

If you have any questions, please let us know.  Since its founding in 2001, Hearts with Haiti has worked to foster a brighter future for disadvantaged young people in Haiti by raising funds to support the vision and ministry of the St. Joseph Family, Haiti.  Hearts with Haiti remains strongly committed to supporting the St. Joseph Family, Haiti.  The funding that we provide ensures that needy children have food, clothing, medical care and other essential services.

As always, you have our assurances that Hearts with Haiti takes very seriously this issue and our obligation to the children served by the St. Joseph Family homes.

Warm Regards,

 

Rev. Patrick S. Hamrick
Chair, Board of Trustees
Hearts with Haiti, Inc.

Geoffrey S. Hamlyn
Executive Director
Hearts with Haiti, Inc.

Hearts with Haiti, Inc.

“Supporting the vision and ministry of the St. Joseph Family in Haiti since 2001.”

www.heartswithhaiti.org

From: PAUL KENDRICK <kendrickpt@aol.com>

Date: December 19, 2012, 2:18:41 PM EST

To: Patrick Hamrick <phamrick@fountainstreet.org>, Paul D’Oliveira <macarama@aol.com>, jerry.hagler.bwni@statefarm.com, Roy Howard <royhoward@saintmarkpresby.org>, Geoffrey Hamlyn <ghamlyn@heartswithhaiti.org>, rbarger@htflive.org, adam@kairosenterprises.com, “mjewell520@yahoo.com” <mjewell520@yahoo.com>, pastorchad@abidinghopelutheran.org, pastordoug@abidinghopelutheran.org, bostrom@sheridanlutheran.org, bdrk66@msn.com, brindels@pinnacle-mortgage.com, juliesutton@htflive.org, htfhaiti@aol.com, mayawings@hotmail.com, Michael Geilenfeld <sjfamilyhaiti@hotmail.com>

Subject: For the record: To Hearts with Haiti

 

December 19, 2012

To: Hearts with Haiti Board Members and Timoun Foundation Leadership Team.

ON THE RECORD

I am sickened by the victims’ testimonies in which they continue to describe the horrific and despicable emotional, physical and sexual abuse inflicted upon them, when they were children, by Michael Geilenfeld, Executive Director of the St. Joseph’s Homes in Haiti.

I cannot understand for the life of me why you are unable to hear these same cries of pain and sorrow.

You can count on the fact that Geilenfeld will one day soon be arrested and convicted for crimes against children.

You can also be assured that civil lawsuits will be filed in U.S. Federal Court by abuse victims of Geilenfeld against each and every one of you personally.

Do you hear me? Yes, civil lawsuits will be filed against each and every one of you as individuals.

Fair warning. Do not doubt for a minute my commitment to holding you all responsible and accountable for your negligence in protecting children.

When a jury listens to the evidence and testimony of the victims, when the jury learns about the terrible and despicable things that Geilenfeld has done to children, and when the jury discovers that you knew these things all along, you can rest assured that the jury will take out their anguish and rage on all of you for your failure to protect innocent children from this monster.

It will be a landmark civil case, for sure. Your heads will be bowed in shame as the world watches.

Sincerely,
Paul Kendrick
207-838-1319

An affiliate of St. Joseph’s Home for Boys, when asked about Bill Nathan’s Machete attack, goes silent.  See a skype conversation from December 17, 2012.  Perhaps this Haitian National fears being cut with a machete if he / she talks about the Machete Attack.  Is it too dangerous to talk?

12-17-2012 5-07-09 PM

[3:42:07 PM] Robert Bryan Davis: xxxxx,  what happened with bill nathan the other day?

[3:45:32 PM] xxxxx xxxxx: Hi Bryan, how have you been

[3:48:48 PM] Robert Bryan Davis: good.  how are you?

[3:54:17 PM] xxxxx xxxxx: I am well, thanks. It was just a little name calling and nit picking at the St. Joseph that escalate into dispute and Bill have to be thrown into jail. He spent about 3 days in jail and got out on Saturday night.

[4:03:22 PM] Robert Bryan Davis: I heard Nathan used a machete

[4:05:41 PM] Robert Bryan Davis: I heard the guy was really cut bad.

[4:06:02 PM] Robert Bryan Davis: will you speak out about this?

[4:09:49 PM] Robert Bryan Davis: are you there?

[4:18:50 PM] Robert Bryan Davis: victims of geilenfeld’s abuse need to be heard.  please contact cyrus sibert and tell him what you know.

[4:49:10 PM] Robert Bryan Davis: i hope you do so.

[4:49:12 PM] Robert Bryan Davis: let me know.

 

From: PAUL KENDRICK <kendrickpt@aol.com>
Date: December 17, 2012, 2:02:23 PM EST
To:nrankin@wnccumc.org” <nrankin@wnccumc.org>, “rbritt@wnccumc.org” <rbritt@wnccumc.org>
Cc: jerry.hagler.bwni@statefarm.com, “beckybiegger@nccumc.org” <beckybiegger@nccumc.org>, “lcbourey@nccumc.org” <lcbourey@nccumc.org>, “trussell@nccumc.org” <trussell@nccumc.org>
Subject: Pastor Jerry Hagler, United Methodist Church of North Carolina, calls Haiti child sexual abuse victims “liars”

December 17, 2012

Rev. Dr. Nancy Rankin
District Superintendent
The Western North Carolina Conference
Salisbury District
United Methodist Church
432 Copperfield Blvd NE
Concord, NC

Dear Dr. Rankin,

I am writing to express my concern about Pastor Jerry Hagler, who identifies himself as the lay pastor of Mount Carmel United Methodist Church in Concord, North Carolina.

Pastor Hagler is also a member of the Board of Directors of Hearts with Haiti, a non-profit group headquartered in Raleigh, NC.

http://www.heartswithhaiti.org

The primary mission of Hearts with Haiti’s is to provide financial support to the St. Joseph’s Family of Homes, located near Port au Prince, Haiti.

It is a fact that U.S. citizen, Michael Geilenfeld, Executive Director of the St. Joseph’s Homes, is a multi-accused child molester.

Child protection advocates are trying to protect children from Geilenfeld.

Pastor Hagler calls the victims “liars” and is intolerant of any and all efforts to protect poor and vulnerable Haitian children from Geilenfeld.

On Thursday of last week, Geilenfeld’s right hand man, Bill Nathan, tried to kill a former St. Joseph’s resident whom Nathan believed had posted news clippings about accusations of child sexual abuse against Geilenfeld.

Nathan and Geilenfeld are members of the HWH Board of Directors.

Nathan slashed the man’s arms and scalp with a machete. The man was taken to the hospital.

If Pastor Hagler has evidence that Michael Geilenfeld has never, ever physically or sexually abused a child, then Pastor Hagler should report this information to law enforcement officials.

In conclusion, Dr. Rankin, please advise me and other advocates if it is the policy of the United Methodist Church to call abuse victims “liars” and to disparage child protection advocates in the same hateful manner as Pastor Jerry Hagler has already done.

I look forward to your response.
Sincerely,
Paul Kendrick
207-838-1319

cc: Bishop Hope Morgan Ward

This email sent to xxxx xxxx on December 16, 2012 – 11 PM. The notes in brackets [] below are my [comments] explaining what I am saying int he email.

I am glad the church did cancel.

[in the autumn of 2012, Resurrection Dance Theatre (RDT) toured several mid-Atlantic states. The RDT raises thousands of dollars during their tours. $50,000 in one night at times. Child advocates wrote to venues to ask them to cancel the performances as they were hosting an accused child molester – accused for 26 years, over and over again by a number of different youth.]

Not many churches and organizations did cancel performances on that tour. I think maybe two or three cancelled out of 10s of performances.

I hope you will reconsider your decision.

[The person I wrote to has a friend who has worked for a non-profit in Haiti for a number of years. I asked this person to ask the friend to speak out against Geilenfeld. The person’s friend refused to say anything, and said that they never wanted Geilenfeld’s name mentioned next to their own name ever again.]

Perhaps you could seek your friend’s help finding others that would advocate to tell the truth about what Geilenfeld has been doing for 26 years. Thousands of christians throughout North America and Europe are giving millions of dollars to the orphanages that Geilenfeld founded and continues to run. Their money is supporting a child molester. And, if stories are right, he uses the money to bribe, intimidate, buy sexual favors, pay off young men when they get older, and the list goes on. Stories also hold that he has used the money to buy property that is not used by any of the orphanages, property in the US and Haiti. Who knows where else. As another child advocate put it in an email on December 14.:
————————-
UPDATE

Michael Geilenfeld’s attempts to bribe judge and Haitian police fail.

Bill Nathan to be arraigned today.

Nathan is Geilenfeld’s number two man in Haiti.

Nathan tried to kill a man whom Nathan accused of posting news clippings about Geilenfeld’s history of sexually abusing children.

Visitors to Haiti are being warned to stay away from St. Joseph’s Family of Homes.
————————

Unfortunately, Geilenfeld, the next day, was able to bribe Nathan’s way out of jail, after having attacked a man with a machete.

If people in the know don’t speak up, how can any humanitarian organization in any country be trusted to be stewards of people’s good intentions, hard earned money, dedication to their God, heartfelt efforts to help the poor?

See a recent post I made about a letter I wrote to Kathy Bolkovac (https://istwanouayisyen.com/?p=397). Her story is chronicled in a recent movie called ‘The Whistleblower‘. She blew the cap off a sex trafficking operation in Bosnia in the late 1990s. She was an International Policewoman. A priest wasn’t trafficking young women in this case.  Members of the IPF, the police force she was working for, were trafficking young women, and using them as sex slaves. These folks were part of the United Nations!

This is a large problem, and we have to pick away at it until we break it apart. And many people have to get their pick axes out.  If we adults don’t speak out, how can we expect the children to speak out?  They are scared to death, literally, as the attack by Bill Nathan and his machete pay witness to. If the children speak out, they are sent back on the street in Haiti.  If an adult victim speaks out, they could be attacked with a machete.  Hundreds,  if not thousands of adults need to speak out about this man.  We need to give the children courage.

Robert Bryan Davis

Re: Machete Michael Bails Bill’s Bars
From: Paul Kendrick
Sent: Saturday, December 15, 2012 9:16 PM
To: Robert Bryan Davis
CC: jackybestdancer@yahoo.fr ; mayawings@hotmail.com ; walnes2@hotmail.com ; sjgrants@hotmail.com ; kcinhaiti@yahoo.com ; sjfamilyhaiti@hotmail.com ; michael@sjfamilyhaiti.org ; melchijacmel@gmail.com ; bill@sjfamilyhaiti.org ; melchi@sjfamilyhaiti.org ; jacky@sjfamilyhaiti.org ; maya@sjfamilyhaiti.org ; walnes@sjfamilyhaiti.org ; renee@sjfamilyhaiti.org ; kc@sjfamilyhaiti.org ; Bill Nathan

Child protection advocates and human rights groupsp are focusing pressure via international press and media on Haitian police and judges.

Nathan will serve time in prison.

On Dec 15, 2012, at 8:43 PM, Robert Bryan Davis wrote:

Michael,
I hear Bill is out of jail. How did he get out?
Robert Bryan Davis