New York Criminal Lawyer Blog
This case is being held in the Family Court of Queens County. The matter deals with the children Michelle V., Marlon V., and Kathy V., all under the age of 18 and allegedly abused by the respondent Jorge V. Judge Edwina G. Richardson-Mendelson is hearing the case.
Case Background
On the fifth of September, 2006, the ACS (Administration for Children’s Services) filed a petition alleging that the respondent, Jorge V. sexually abused two foster children while they were in his care. The two children were Jocelyn C. and Kimberly C. A New York Drug Crime Lawyer said the ACS alleges in the petition that these acts constitute derivate abuse and neglect of his biological children.
Officer Scianablo, from the 105th precinct investigated the matter. He reports that Jocelyn and Kimberly C. state that the respondent forced them to engage in oral sex numerous times over the past eight months while they were in his care. The girls also state that the respondent made them participate in vaginal intercourse with him as well. They say that he has forcibly touched their breasts and vaginal area on a number of occasions.
The respondent gave an oral and written admission stating that he had oral sex with both Jocelyn and Kimberly V. at least three times a week for the past eight months while they were his foster children. A New York Drug Possession Lawyer said he also admitted to having vaginal intercourse with the girls on two occasions.
The petitions claim that as a result of this sexual misconduct with children the other children, Michelle, Marlon, and Kathy are derivatively abused and neglected.
Procedural Background
On the fifth of September, 2006 when the petitions were filed, the court conducted a hearing and released Marlon to his non-respondent mother’s care. Kathy was placed in foster care as her mother was involved in a different child neglect case. Michelle was released to her mother. A temporary restraining order was issued against the respondent stating that he was to have no contact with the children.
The criminal complaint against the respondent was filed on the 27th of August, 2006. The complaint alleged that the respondent had inserted his penis into the mouth and vagina of Jocelyn C. who was twelve years old at the time. A Nassau County Drug Possession Lawyer said the complaint stated that oral sexual conduct occurred two or three times a week.
In January of 2007 the respondent pled guilty and was convicted of two counts of rape in the first degree. He was sentenced to nine years in prison for each count to be served concurrently and five years of supervision upon his release. Protection orders were filed for 12 years requiring the defendant to stay away from the children. The defendant is classified as a sexual offender and must register.
Case Discussion and Decision
In a protective proceeding, a summary judgment is considered appropriate in Family Court Act article 10. A Queens Drug Possession Lawyer said that after reviewing the facts of the case it is found that there are no triable issues to contend with in the case. The motion for summary judgment as made by the ACS is granted and a finding of child abuse is entered to all of the subject children in the matter.
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