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Albany, NY - Markey Abuse Bill “in big trouble”, And Most Likely Dead

Published on: June 18, 2009 09:22 AM
By: VIN News By David Gold
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Albany, NY - Assemb. Margaret M. Markey’s controversial bill that would create a one-year window for victims of child sex abuse to file lawsuits decades after the fact appeared today to be foundering in the Assembly.

Speaking to VIN News from Albany, Assemblyman Dov Hikind reports that the Markey bill “appears to be in big trouble and perhaps death for now, as many in the Assembly have decided not to vote either way on it, so it will not be brought to the floor for a vote.”

For proponents of the anti-abuse bill, the setback is significant news, especially in light of the fact that it had substantial support in the Senate and seemed slated to breeze through the Assembly as early as last week.

“I am extremely frustrated,” said Hikind, who was virtually one of the few only voices speaking out against Orthodox child abuse and was chastised by many for his outspoken stance.  “This is very sad,” he continued.  “We finally got something going.  Now, we can all agree to agree or make compromises, but it’s a true shame that we can’t get anything to the Assembly floor to work on behalf of the kids who were abused.”

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Hikind granted validity to the argument that the bill might jeopardize many mosdos.  “No one knows for a fact if it can or not, but one thing is for sure: A mosad which hides and protects molesters and doesn’t stand up, which is the right thing to do, should finally pay the consequences.”

Also In an e-mail to supporters over the weekend, Markey (D-Maspeth) said she expected a vote on the bill Tuesday or Wednesday. However, it appears that the bill lacks the necessary support, with lawmakers said to be coming under intense pressure from opponents, including the Roman Catholic Church and Brooklyn’s Democratic chairman, Assemb. Vito Lopez.

Some have staged a protest yesterday in front of Assemb. Lopez office. see below video



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Read Comments (28)  —  Post Yours »

1

 Jun 18, 2009 at 08:40 AM bp guy Says:

you go dov...we need you ...now....more than ever....run for governour or at least boro president...go dov

2

 Jun 18, 2009 at 08:38 AM Anonymous Says:

why cant talk congress talk about a bill that would work rather than discussing a bill that wouldnt work.
And why are we listening to the church, and the agudah when they are the ones who had all these issues to begin with . It sort of like a judge asking a rapist if its ok if we lock you up. There must be a medium which will work for everyone involved but to just shoot the entire bill down is ludicrous

3

 Jun 18, 2009 at 08:31 AM Anonymous Says:

Baruch Hashem!!!! Some common sense prevails in the senate!!! and much thanks to Lopez and Niderman. may G-D bless you.

4

 Jun 18, 2009 at 08:58 AM moshe Says:

Boruech hashem that this bill is dying down in the senate!thanks to Rabbi Niderman and Lopez,Great work on behalf of the people of N.Y.

5

 Jun 18, 2009 at 08:51 AM Anonymous Says:

Reply to #3  
Anonymous Says:

Baruch Hashem!!!! Some common sense prevails in the senate!!! and much thanks to Lopez and Niderman. may G-D bless you.

sense prevails in the senate??? have you been living under a rock for the last week? whats the senate got to do with it?

6

 Jun 18, 2009 at 09:09 AM Anonymous Says:

Makes any sane person wonder what the Yeshivos, the Agudah, the Catholic Church are so worried about.

If they did nothing wrong they have nothing to fear and should be in favor of the bill.

We live in a sick, twisted world. Bochrim get thrown out of yeshiva like a sack of garbage for being seen talking to a female cousin in a pizza shop, girls can't get 'good' shiduchim (whatever that is supposed to mean) if they chollilla spend time at a friend's house on shabbos afternoon and the friend (chollilla!) has a brother out of pre-school, but homosexual pedophilia is swept under the carpet for the sake of the pedophile's children's shidduch prospects and for the sake of the financial stability of the pedophile's employer and enabler.

(OK, Milhouse, your turn now, tell us how none of this ever happens, it is all vengefull ex-wives making up stories that Rabbi Twerski foolishly believes just because he has treated hundreds of the victims.)

7

 Jun 18, 2009 at 09:03 AM Anonymous Says:

I'm not sure what this means. Might it indicate that the Markey bill needed to be changed more in order to pass? Might it show that it addressed the wrong points? Or might is be the result of strong constituencies having succeeded in pressures to doom the bill? I firmly believe that everyone, including every one of our elected officials, recognizes that there needs to be a change from the current status. If not this bill, then what? Is there anyone out there working to propose an alternative that will be better and passable? Maybe we need a Hikind bill. Good idea, Dov?

8

 Jun 18, 2009 at 09:02 AM Concerned Mom Says:

Reply to #3  
Anonymous Says:

Baruch Hashem!!!! Some common sense prevails in the senate!!! and much thanks to Lopez and Niderman. may G-D bless you.

Were you shakin' in your boots that they are coming after you? shame on you.

9

 Jun 18, 2009 at 09:42 AM Anonymous Says:

boruch hashem, kein yoivdu kol oivaichu

10

 Jun 18, 2009 at 09:38 AM MARK MEYER Says:

THE BILL IS STILL VERY MUCH ALIVE LOPEZ WHO IS THREATNING US AND THE ASSEMBLYMEN WILL ONE DAY SOON GET HIM INTO A EARLY RETIRMENT

11

 Jun 18, 2009 at 10:34 AM Pinny Says:

We have to realize one thing. The group the politicians were most afraid of was the catholic church not the Jewish groups. Having said that, shame on those in our community who found a friendship in the catholic church to lobby against it without offering anything in return to the victims they turned their back all those year.

For all survivors and activists this should be a learning experience. All of us who were involved in lobbying for this bill knew all along that the chances of passing was slim. When I was in Albany on lobby day a couple of activists were siting with an assembly man from nassau county who was a co sponsor, he told us the their is less votes this time then the past two times. So in a way I blame the activists as well (most are my dear friends and work tirelessly with good intention only). Just like any deal in business or prosecution we negotiate. If a buyer gives a high price and purchaser gives a low price, if the purchaser really wants it he'll try to come to the middle. If a prosecutor has a good case but not strong enough to get a conviction, they will offer a plea. Same here, while the catholic church had the power to kill this bill we had the power to counter them with a compromise. But all we wanted was all or nothing. When I mentioned "compromise" a few months ago when I got information that it is likely not going to pass, I was almost choked to death. From now on we have to change in order to accomplish. We have to sit down modern, secular, chareidim, victims, professionals and rabbis and work together. If we don't like something 100% that someone believes, instead of yelling just let's work out the differences. Maybe it would have been a good idea to work on a slightly changed bill. Now we don't have a Mrkey bill. No DA to go. No Rabbis to trust. So where should a victim from the chreidy community go. Let's get together even if we don't agree on everything.

I am not hopeless. There is still a couple of days until recess break and anything can happen. And the leadership in our community are talking a little different then they used to, its still a far cry but we turned a corner.

By saying "we told you so" or "I was right" is not going to help anyone.

Pinny

Frumsurvivors@gmail.com

12

 Jun 18, 2009 at 10:32 AM Reb Moshe Says:

Molester must be prosecuted and brought to justic!
But MR. HIKIND what happened to the hundreds of cases YOU SUPPOSEDLY uncovered? Why are they not being prosecuted? I haven't heard of a single arrest since you and Mr. Hines started all your investigations. I am very involved in Mosdos HaTorah and no one that I spoke with seems to think that the situation is nearly as wide spread as you are making it. Don't get me wrong, even one case is to many. But was there a single arrest in last five months? What happenning to the "hundreds" of cases you keep mentioning? Has even one Melamed been fired? Besides Torah Timimah has even one Yeshivah been sued?

13

 Jun 18, 2009 at 11:19 AM Anonymous Says:

Reply to #12  
Reb Moshe Says:

Molester must be prosecuted and brought to justic!
But MR. HIKIND what happened to the hundreds of cases YOU SUPPOSEDLY uncovered? Why are they not being prosecuted? I haven't heard of a single arrest since you and Mr. Hines started all your investigations. I am very involved in Mosdos HaTorah and no one that I spoke with seems to think that the situation is nearly as wide spread as you are making it. Don't get me wrong, even one case is to many. But was there a single arrest in last five months? What happenning to the "hundreds" of cases you keep mentioning? Has even one Melamed been fired? Besides Torah Timimah has even one Yeshivah been sued?

I don't know about Dov hikind's hundreds of cases but I'll tell you why there have been no arrests and no more schools shamed into firing the known molestors on their faculty.

Has even one Rov come out and said he will publicly support those who come forward? Has one rosh yeshiva said he will take into his yeshiva anyone who's kids are thrown out in retaliation? Has any Rebbeh said don't worry, just tell the truth and I'll make sure the victim and his/her siblings will get shidduchim???

The silence of the leadership is deafening.

14

 Jun 18, 2009 at 09:53 AM Anonymous Says:

Reply to #5  
Anonymous Says:

sense prevails in the senate??? have you been living under a rock for the last week? whats the senate got to do with it?

What do you expect? A person who doesn't know the difference between protecting yeshiva children (including his own, probably) and protecting the yeshiva owner's finances to understand the difference between the Assembly and the Senate???

YES, I wrote yeshiva OWNERS. Who do you think owns most yeshivos? The kehilla? Call them Roshai Yeshiva because that is what they are, but call them Yeshiva Owners too, because they are that too.

Landlords have Real Estate Owner's Associations and camp owners have Camp Owner Associations and hardware manafacturers have a Hardware Manafacturer's Owners Association and even UPS Franchise Store Owners have the UPS Franchise Store Owners Association.

Some of the the groups that should be overseeing our day schools and yeshivos have in many ways become Yeshiva Owners Trade Associations, looking out for the owners first, then the faculty if it doesn't interfere with looking out for the good of the owners, and finally the kids, if it doesn't get in the way of helping the owners or the faculty.

15

 Jun 18, 2009 at 09:51 AM Anonymous Says:

Reply to #4  
moshe Says:

Boruech hashem that this bill is dying down in the senate!thanks to Rabbi Niderman and Lopez,Great work on behalf of the people of N.Y.

Great work on behalf of whom?! Of satmar not being sued? What about OUR children? What happend to our 'sences'?!

16

 Jun 18, 2009 at 09:46 AM Anonymous Says:

boruch hashem, kein yoivdu kol oivaichu

17

 Jun 18, 2009 at 10:35 AM Pinny Says:

We have to realize one thing. The group the politicians were most afraid of was the catholic church not the Jewish groups. Having said that, shame on those in our community who found a friendship in the catholic church to lobby against it without offering anything in return to the victims they turned their back all those year.

For all survivors and activists this should be a learning experience. All of us who were involved in lobbying for this bill knew all along that the chances of passing was slim. When I was in Albany on lobby day a couple of activists were siting with an assembly man from nassau county who was a co sponsor, he told us the their is less votes this time then the past two times. So in a way I blame the activists as well (most are my dear friends and work tirelessly with good intention only). Just like any deal in business or prosecution we negotiate. If a buyer gives a high price and purchaser gives a low price, if the purchaser really wants it he'll try to come to the middle. If a prosecutor has a good case but not strong enough to get a conviction, they will offer a plea. Same here, while the catholic church had the power to kill this bill we had the power to counter them with a compromise. But all we wanted was all or nothing. When I mentioned "compromise" a few months ago when I got information that it is likely not going to pass, I was almost choked to death. From now on we have to change in order to accomplish. We have to sit down modern, secular, chareidim, victims, professionals and rabbis and work together. If we don't like something 100% that someone believes, instead of yelling just let's work out the differences. Maybe it would have been a good idea to work on a slightly changed bill. Now we don't have a Mrkey bill. No DA to go. No Rabbis to trust. So where should a victim from the chreidy community go. Let's get together even if we don't agree on everything.

I am not hopeless. There is still a couple of days until recess break and anything can happen. And the leadership in our community are talking a little different then they used to, its still a far cry but we turned a corner.

By saying "we told you so" or "I was right" is not going to help anyone.

18

 Jun 18, 2009 at 12:06 PM Askupeh Says:

Reply to #17  
Pinny Says:

We have to realize one thing. The group the politicians were most afraid of was the catholic church not the Jewish groups. Having said that, shame on those in our community who found a friendship in the catholic church to lobby against it without offering anything in return to the victims they turned their back all those year.

For all survivors and activists this should be a learning experience. All of us who were involved in lobbying for this bill knew all along that the chances of passing was slim. When I was in Albany on lobby day a couple of activists were siting with an assembly man from nassau county who was a co sponsor, he told us the their is less votes this time then the past two times. So in a way I blame the activists as well (most are my dear friends and work tirelessly with good intention only). Just like any deal in business or prosecution we negotiate. If a buyer gives a high price and purchaser gives a low price, if the purchaser really wants it he'll try to come to the middle. If a prosecutor has a good case but not strong enough to get a conviction, they will offer a plea. Same here, while the catholic church had the power to kill this bill we had the power to counter them with a compromise. But all we wanted was all or nothing. When I mentioned "compromise" a few months ago when I got information that it is likely not going to pass, I was almost choked to death. From now on we have to change in order to accomplish. We have to sit down modern, secular, chareidim, victims, professionals and rabbis and work together. If we don't like something 100% that someone believes, instead of yelling just let's work out the differences. Maybe it would have been a good idea to work on a slightly changed bill. Now we don't have a Mrkey bill. No DA to go. No Rabbis to trust. So where should a victim from the chreidy community go. Let's get together even if we don't agree on everything.

I am not hopeless. There is still a couple of days until recess break and anything can happen. And the leadership in our community are talking a little different then they used to, its still a far cry but we turned a corner.

By saying "we told you so" or "I was right" is not going to help anyone.

I beg to disagree. By saying that "we told you so" or "I was right" it IS going to help everyone, because it will make the inshtinkators (those who have instigated this Shtink) relize how wrong they were, and maybe oh maybe will come to their senses and work out a compromise bill which makes sense. By taking the road of “my way or the highway” the inshtinkators have proven that it is not the children that they are out to protect, but it is a vicious agenda which drives them.

See comment #2 calling the Agudah rapists! Yes, an agenda drives them, figure out what it is.

I am not hopeless either, I am for a bill, but for one that makes sense. What makes sense, should be worked out by the Rabbonim and health professionals in tandem with Ehrlicha lay leaders like Dov Hikind, Rabbi Twersky and Rabbi Horowitz. All else is commentary (pun intended).

19

 Jun 18, 2009 at 12:51 PM Anonymous Says:

Great news to all US citizens. we need laws to protect our children, but only normal sensible laws! this markey bill would only help all false and unfounded charges.

20

 Jun 18, 2009 at 02:49 PM Anonymous Says:

Reply to #19  
Anonymous Says:

Great news to all US citizens. we need laws to protect our children, but only normal sensible laws! this markey bill would only help all false and unfounded charges.

Yeah, there are millions of adults who were never molested as children just waiting for the opportunity to get up in court and proclaim 'ploni rovani' when I was a little boy.

The yeshivos that did nothing wrong have nothing to fear from this law.

21

 Jun 18, 2009 at 04:36 PM Reb Moshe Says:

Reply to #13  
Anonymous Says:

I don't know about Dov hikind's hundreds of cases but I'll tell you why there have been no arrests and no more schools shamed into firing the known molestors on their faculty.

Has even one Rov come out and said he will publicly support those who come forward? Has one rosh yeshiva said he will take into his yeshiva anyone who's kids are thrown out in retaliation? Has any Rebbeh said don't worry, just tell the truth and I'll make sure the victim and his/her siblings will get shidduchim???

The silence of the leadership is deafening.

So basicaly what you'er saying is law or no law, no one will sue because they fear the shame and retaliation. So what good is the new law? And if the leadership says they will back the victims the shame automaticaly falls away? I don't think so.

22

 Jun 18, 2009 at 06:05 PM Anonymous Says:

Reply to #21  
Reb Moshe Says:

So basicaly what you'er saying is law or no law, no one will sue because they fear the shame and retaliation. So what good is the new law? And if the leadership says they will back the victims the shame automaticaly falls away? I don't think so.

I'm saying that some true victims might now come forward but no one is going to use the opportunity to make a false claim in court.

23

 Jun 18, 2009 at 09:32 PM Leo Says:

Reply to #18  
Askupeh Says:

I beg to disagree. By saying that "we told you so" or "I was right" it IS going to help everyone, because it will make the inshtinkators (those who have instigated this Shtink) relize how wrong they were, and maybe oh maybe will come to their senses and work out a compromise bill which makes sense. By taking the road of “my way or the highway” the inshtinkators have proven that it is not the children that they are out to protect, but it is a vicious agenda which drives them.

See comment #2 calling the Agudah rapists! Yes, an agenda drives them, figure out what it is.

I am not hopeless either, I am for a bill, but for one that makes sense. What makes sense, should be worked out by the Rabbonim and health professionals in tandem with Ehrlicha lay leaders like Dov Hikind, Rabbi Twersky and Rabbi Horowitz. All else is commentary (pun intended).

Askupet

I am not familiar with the details on the Markey bill, but my understanding that CA had a similar one year lifting the statute of limitation rule, and the Church was against it but the bill was enacted, and it had tough requirements before you even could file a lawsuit, a Judge had to approve each and every one before the lawyer flied. The year passed and there was no rush. From what I understand that not even one Yeshiva was involved with the notice of intent to commence a lawsuit, let alone the actual lawsuit. There were only a few against the dioceses but they actually settled before it was filed.

Based on the aforementioned facts I am inclined to believe that in NY it could be lifted too but with strong requirement i.e. more then just a preponderances of the evidence. I am not a lawyer maybe it is possible. More importantly only egregious cases should be permitted were the institution deliberately hid the facts for their benefit and maybe a limit of 100K or so should be part of the bill, so it is not a lottery ticket. I hope ideas like this would bring the two parties closer to find common ground.

24

 Jun 19, 2009 at 06:56 AM markey supporter Says:

friday update 8 :am The bill is not dead.many good hard working politcans are being pressured to kill this bill.The church,aguda,satmar are furiously threatning our good friend dov hikind and others to kill the bill.albany is now in a state of chaos with the nys legilature frozen and unable to function it has bigger issues on the table then the markey bill to deal with like school counrtol,budgets,gay marriagel

There is now a urgent alert in our heimisher commuters for a increase in sex crimes as the summer is approaching.our community shouls on the lookout for suspicious persons roaming our streets and call 911 at once gut shabbas

25

 Jun 19, 2009 at 01:03 AM pinny Says:

Reply to #18  
Askupeh Says:

I beg to disagree. By saying that "we told you so" or "I was right" it IS going to help everyone, because it will make the inshtinkators (those who have instigated this Shtink) relize how wrong they were, and maybe oh maybe will come to their senses and work out a compromise bill which makes sense. By taking the road of “my way or the highway” the inshtinkators have proven that it is not the children that they are out to protect, but it is a vicious agenda which drives them.

See comment #2 calling the Agudah rapists! Yes, an agenda drives them, figure out what it is.

I am not hopeless either, I am for a bill, but for one that makes sense. What makes sense, should be worked out by the Rabbonim and health professionals in tandem with Ehrlicha lay leaders like Dov Hikind, Rabbi Twersky and Rabbi Horowitz. All else is commentary (pun intended).

I don't think that you called victims who are posting inshtinkators. Victims opinions should be respected even if it makes absolutely no sense (most are right on the target). They have gone through terrible experience and opinions may be fueled solely by their emotions. I assume you are talking about the activists. I know most of them on a personal level especially those who are commenting with their real name on this and other blogs. They are one of the greatest group of men and women amongst us. What they have done so far on the issue of sexual abuse can not be put into words. Whatever good will come out in the future by them or others is only to their credit. We may have slightly different opinions on some issues but that certainly does not make them inshtinkators. But besides that your comment is well understood and appreciated.

Thank you

Pinny

26

 Jun 19, 2009 at 12:18 AM victim Says:

As a little boy I didn't find it hard 20 and I'm think of suicide thoughts and I'm a frum boy a nice family and every then and now I think to my self why me I was such a fine boy did nothing wrong you can understand because you haven't bin sexual raped by a grown man people parents please watch your kids : you don't want your kids to say things like where were you I was 12 and why me please please please I understand that I'm being tested by hashem I get it but will your kid get it? Ask him/her who they talk too what they did/doing with this person and 1 more tip ::: if anyone says I'm helping your kid don't trust them because they (no1 cares)lie k parents so 1 : family members 2 babysitters 3 rebbes 4 camp staff 5 kid helpers 6 anyone to much involved with your kids life 7 next door guy 8 are all suspects trust me I have seen many kids go off the D because of things like this so if you love your kids let them play with kids not teen girls/boys men/ladies this is from my deep I never look back only to help others thank you and look out for your kids because nobody is !!!

27

 Jun 19, 2009 at 09:46 AM Askupeh Says:

Reply to #25  
pinny Says:

I don't think that you called victims who are posting inshtinkators. Victims opinions should be respected even if it makes absolutely no sense (most are right on the target). They have gone through terrible experience and opinions may be fueled solely by their emotions. I assume you are talking about the activists. I know most of them on a personal level especially those who are commenting with their real name on this and other blogs. They are one of the greatest group of men and women amongst us. What they have done so far on the issue of sexual abuse can not be put into words. Whatever good will come out in the future by them or others is only to their credit. We may have slightly different opinions on some issues but that certainly does not make them inshtinkators. But besides that your comment is well understood and appreciated.

Thank you

Pinny

Your comment is very courteous and oh do I wish that all comments would be like yours.
You are right that I would never call victims any names, even if I thought that they were wrong, because “Ein Odom Nitfas Al Tzaroi”; nobody has a right to be Donn a victim. Actually very few victims are wrong; many like Leo have voiced IMO correct views and solutions to this problem. I will also give credit where it is due, and all those “activists” who have helped these children all these years should get a big thanks from everyone. What bothers me is when some of them start attacking the Rabbonim. This cannot be tolerated, and should not be tolerated by any Yid who stood on Mount Sinai. When Melamdim (teachers) are called “Rabbis” to make it look as if we have the same problem as in the Catholic Church where the unmarried clergy goes after the altar boys; this makes them “inshtinkators”. An “inshtinkators” is someone who knows the truth but throws out lies and exaggerates to stoke the fire for their agenda.

28

 Jun 19, 2009 at 09:05 AM Askupeh Says:

Reply to #23  
Leo Says:

Askupet

I am not familiar with the details on the Markey bill, but my understanding that CA had a similar one year lifting the statute of limitation rule, and the Church was against it but the bill was enacted, and it had tough requirements before you even could file a lawsuit, a Judge had to approve each and every one before the lawyer flied. The year passed and there was no rush. From what I understand that not even one Yeshiva was involved with the notice of intent to commence a lawsuit, let alone the actual lawsuit. There were only a few against the dioceses but they actually settled before it was filed.

Based on the aforementioned facts I am inclined to believe that in NY it could be lifted too but with strong requirement i.e. more then just a preponderances of the evidence. I am not a lawyer maybe it is possible. More importantly only egregious cases should be permitted were the institution deliberately hid the facts for their benefit and maybe a limit of 100K or so should be part of the bill, so it is not a lottery ticket. I hope ideas like this would bring the two parties closer to find common ground.

What you say makes sense.

29

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