tag:blogger.com,1999:blog-7497397929451139438.post1055431248514358782..comments2023-10-08T12:53:22.545+03:00Comments on Tzedek-Tzedek: Victims' Advocate Defends Dangerous PerpetratorDavid Morrishttp://www.blogger.com/profile/18054370508508714804noreply@blogger.comBlogger13125tag:blogger.com,1999:blog-7497397929451139438.post-51670777508551295922014-04-05T01:56:36.744+03:002014-04-05T01:56:36.744+03:00David, Check out Dr. Pelcovitz "apology."...David, Check out Dr. Pelcovitz "apology."<br /><br />He does not address the many criticisms or indicate whether he should have written the letter he did.<br /><br /><br /><br />To Whom It May Concern:<br /><br />I sincerely apologize to the abuse survivors who were upset by the submission of my letter to the judge in the Evan Zauder case.<br /><br />Having spent my career researching the impact of abuse, working on developing educational, therapeutic and community prevention programs and treating survivors of abuse, I am deeply saddened that a letter I wrote added to their pain.<br /><br />In no way does the letter I wrote reflect a belief on my part that possession of child pornography is a trivial or victimless crime and, once again, I profoundly regret the pain that my letter has caused abuse survivors.<br /><br />David Pelcovitz<br /><br />posted in http://www.rabbihorowitz.com/PYes/ArticleDetails.cfm?Book_ID=1804&ThisGroup_ID=238&Type=Article&SID=2Yerachmiel Lopinhttp://frumfollies.wordpress.comnoreply@blogger.comtag:blogger.com,1999:blog-7497397929451139438.post-4698875038555311352014-04-04T07:47:39.278+03:002014-04-04T07:47:39.278+03:00David,
Again, after weighing what you said, I thin...David,<br />Again, after weighing what you said, I think you may be right. I also got some of the info wrong in what I posted above - they were not in agreement as to their assessments and even if they were as you mention here, that's really not relevant since he was not the therapist on this case. I appreciate your perspective on the matter so thanks again.Rav Akiva Weissnoreply@blogger.comtag:blogger.com,1999:blog-7497397929451139438.post-25043770441722995882014-04-04T07:40:53.421+03:002014-04-04T07:40:53.421+03:00David and Yerachmiel,
I think that you may be righ...David and Yerachmiel,<br />I think that you may be right. I spoke with someone else who was solicited for a letter and she recalled it being immediately after the first arrest but then went back and checked and was actually solicited in February of 2O13. What seemed to have happened then was that David Pelcovitz [and possibly others] did not do due diligence and either assumed or did not realize that new charges had been brought. This is a terrible terrible [horrific even] oversight, and though we're all only human, would certainly demand some sort of statement or apology - one which probably can't even be given if the letters resulted in a lesser sentence. This is such truly terrible news. <br />Nevertheless, I still doubt however any presumption that the man who literally wrote the book on "breaking the silence" about sexual abuse in the Jewish community was knowingly going to bat for someone who he knew had victimized children. I think this was unfortunately more human error and carelessness [and don't necessarily think completely untenable] but you are right that it's really irrelevant because whatever the reasons it demands an apology and it's important to say so and to stress that so thank you for doing so.Rav Akiva Weissnoreply@blogger.comtag:blogger.com,1999:blog-7497397929451139438.post-42978429362200990312014-04-03T19:20:44.034+03:002014-04-03T19:20:44.034+03:00Well, there was also a "chashuv" person ...Well, there was also a "chashuv" person by the name of David Morris who was willing to go out on a limb for an attempted murderer, so I guess there are all types.Yehoshuanoreply@blogger.comtag:blogger.com,1999:blog-7497397929451139438.post-42774451464774085122014-04-03T18:36:07.266+03:002014-04-03T18:36:07.266+03:00Check out Dr. David Pelcovitz's response given...Check out Dr. David Pelcovitz's response given in interviews to student reporters from the YU student newspaper, The Commentator : http://www.yucommentator.org/2014/04/yeshiva-university-rabbis-professor-asked-for-leniency-for-child-abuser/?wpmp_tp=1<br /><br />--"[Pelcovitz] claimed that, at the time of his writing the letter, the only charge he was aware of against Zauder was child pornography use. “I would never have done this if there was a direct victim involved...... He urged “nuance” in this case involving his former student, arguing that “child pornography use rarely translates into physical abuse of minors."<br /><br />Wow, not only did he fail to exercise due diligence by reading the final indictment or even the USDofJ press release, he also imagines that child pornography is a victimless crime. Doesn't he realize that child pornography entails the brutal abuse of children? Is he not aware that the victims have to live with the eternal sensation of others seeing them sexually humiliated over and over, even if the initial abusers and photographers are jailed? <br /><br />Yerachmiel Lopinhttp://frumfollies.wordpress.comnoreply@blogger.comtag:blogger.com,1999:blog-7497397929451139438.post-16474267287520116462014-04-03T17:11:46.351+03:002014-04-03T17:11:46.351+03:00I concur with David Morris's surmise that Dr. ...I concur with David Morris's surmise that Dr. Pelcovitz wrote his letter after the plea bargain. Competent lawyers don't solicit letters designed to affect sentencing until the issues bearing on sentencing are clear. Ben Brafman is certainly a very competent criminal defense attorney. If however, Dr. Pelcovitz did, rather unusually, write his letter before the plea bargain he can convince the rest of us by releasing an un-redacted copy of his letter. Yerachmiel Lopinhttp://frumfollies.wordpress.comnoreply@blogger.comtag:blogger.com,1999:blog-7497397929451139438.post-40837675738069026242014-04-03T11:07:49.386+03:002014-04-03T11:07:49.386+03:00Why is it that so many "chashuv" people,...Why is it that so many "chashuv" people, including Dr. Pelcovitz, are willing to go out on a limb for someone in possession of child pornography? As a victim of child sexual abuse who was silenced by many rabbonim, I asked Dr. P. if he would speak up on my behalf. His response was, "No. It won't make a difference." It would have made a big difference in my healing to have some support. I'm disgusted by his support of this pervert.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7497397929451139438.post-81290465556985761472014-04-03T09:15:38.546+03:002014-04-03T09:15:38.546+03:00Rav Weiss - Dr Pelcovitz was not being called upon...Rav Weiss - Dr Pelcovitz was not being called upon to give a formal risk assessment of Zauder. <br /><br />This process was in the hands of the court and its ancillary mental health systems. This team of experts, properly equipped, informed and qualified, included Dr Krueger, Dr Must and Dr Kaplan.<br /><br />Dr Pelcovitz should not have even gone there in his letter. <br /><br />Zauder was not Dr Pelcovitz' client, but his student. <br /><br />IMHO, for Dr Pelcovitz to state any clinical evaluation ("prognosis") of Zauder in his letter to the court, was by definition inappropriate and potentially irresponsible. David Morrishttps://www.blogger.com/profile/18054370508508714804noreply@blogger.comtag:blogger.com,1999:blog-7497397929451139438.post-35551704999066756412014-04-03T08:58:32.877+03:002014-04-03T08:58:32.877+03:00Rav Weiss - actually I have reached out to Dr Pelc...Rav Weiss - actually I have reached out to Dr Pelcovitz, before writing the article, and I am therefore aware of his recollected version of events. <br /><br />I did not find that version compelling enough to withstand public scrutiny.<br /><br />In the example you give here, the claim that that Dr Pelcovitz and the other letters pre-dated the guilty verdict, and that the writers were therefore unaware of the crimes Zauder had pleaded guilty to, does not add up with the timeline.<br /><br />Firstly, the great majority of the letters are dated - all between February thru April 2013. <br /><br />Dr Pelcovitz's letter, which is one of a few letters where the date of writing is unclear, states it is requesting "justice tempered by mercy when Even IS SENTENCED" [my capitals].<br /><br />Indeed, that is the very function of these letters - they are submitted after the verdict, and prior to sentencing.<br /><br />This letter therefore cannot have been written before Evan was found/pleaded guilty on 22nd January 2013.<br /><br />The nature of these crimes was not a secret.<br /><br />They were extensively publicised at the time in the conventional and social media. <br /><br />For example: <br /><br />The guilty plea was formally published on 22nd January:<br />http://www.justice.gov/usao/nys/pressreleases/January13/ZauderEvanPleaPR.php<br /><br />Articles about the case, all stating the nature of the crimes, include:<br /><br />http://forward.com/articles/169788/jewish-camp-counsellor-and-yeshiva-teacher-evan-za/<br /><br />http://www.haaretz.com/jewish-world/jewish-world-news/former-u-s-jewish-schoolteacher-pleads-guilty-to-child-pornography-1.495980<br /><br />and many other well-read respected publications. <br /><br />Unfortunately, an argument claiming that the many illustrious, educated and worldly writers of these letters for Zauder were actually ignorant of the nature of the Zauder's crimes, is frankly untenable.<br /><br />I believe what is required here is an apology, not excuses. David Morrishttps://www.blogger.com/profile/18054370508508714804noreply@blogger.comtag:blogger.com,1999:blog-7497397929451139438.post-18237442664705987232014-04-03T08:31:01.745+03:002014-04-03T08:31:01.745+03:00Hi. Sorry to post again, but just one other thing ...Hi. Sorry to post again, but just one other thing to point out: you seem to have only quoted the Prosecution's sentencing memorandum by Preet Bahara concerning Zauder's recidivism rate and how even out on bail he downloaded more child pornography, citing this as how Dr. Pelcovitz made a terrible error. I don't know if you also read the Defense's memorandum, but if you did you'll see that they slam that assessment pretty hard saying that it's really not fair to assess rehabilitative ability or recidivism from that example since at the time when that happened he was either not really undergoing any kind of counseling or therapy or he had only just started (I can't remember) - contrary to what the prosecution claims, whereas after he was in therapy for some time the second court appointed therapist agreed that she felt the recidivism rate would be low given to how he was responding to treatment and counseling and his family environment and background and upbringing. The Defense's memorandum, while obviously pleading what they can on Zauder's behalf (there was no way he was going to get less than the mandatory minimum sentencing of 10 years), also helps one understand some other facets of the case. I'm not trying to defend Zauder here. Just Dr. Pelcovitz...as far as whether or not this guy could be rehabilitated, that is. Dr. Pelcovitz's initial assessment was yes (before he or anyone else knew of the second charges/incidents). The second court assigned therapist - even after the second set of charges - also said yes. Just FYI.Anonymoushttps://www.blogger.com/profile/00509787905124439668noreply@blogger.comtag:blogger.com,1999:blog-7497397929451139438.post-19250035313020081132014-04-03T06:44:10.215+03:002014-04-03T06:44:10.215+03:00Thank you for posting the correct timeline and det...Thank you for posting the correct timeline and details of the trial. Many people do not have the timeline of events down. There is just one terrible error of omission that you also incorrectly and inaccurately stated that really could have been cleared up had you reached out to Dr. Pelcovitz himself or any of the other rabbis who submitted those letters before writing this. If you read those letters you'll notice that many of them are not dated. There's a reason for that, because not all of them were collected at the same time. However, they were all admitted at the same time - after the second set of charges, right before sentencing. Dr. Pelcovitz and many others wrote their letters before the second set of charges were handed down - charges that were not issued until January 22, 2013, close to eight months after his arrest. Dr. Pelcovitz wrote his letter (as did many others) when the only known charges were regarding possession of child pornography, and, as a therapist, was hoping that indeed he would receive the lowest sentence so that he could receive treatment and hopefully rehabilitation for that issue. Had he know that his letter was going to be used after the second set of charges were brought - when others found out about the contact with a minor - he would have never written such a letter. <br />Before hundreds if not thousands of people read your post and draw incorrect conclusions - that Dr. Pelcovitz and other rabbis wrote letters of clemency knowing that Zauder had sexual contact with a minor - I implore you to consider either suspending your publication of this article and reaching out to Dr. Pelcovitz yourself as I did (he's very easy to get ahold of) and getting the actual details of what happened and perhaps amending your article accordingly, if that is, you would feel it would then need amending. One can't always get all the facts by just reading or perusing the docket files. Obviously it should have been withdrawn and that was a mistake but it was written for one set of charges, not the other. I hope this casts a different light on things. In all likelihood a statement will be coming out explaining all this. But really, it's just a phone call or e-mail away to get to the bottom of it. Best,<br />ADWAnonymoushttps://www.blogger.com/profile/00509787905124439668noreply@blogger.comtag:blogger.com,1999:blog-7497397929451139438.post-91243067992171165572014-04-02T23:38:38.041+03:002014-04-02T23:38:38.041+03:00Any rabbi or mental health professional who wrote ...Any rabbi or mental health professional who wrote in support of the evil doer Zauder should be removed from his position and/ or boycotted.<br />I have held Dr Pelcowitz to date, in high regard now I am sickened by his actions, the rabbis who also wrote in support of the perpetrator are little better.<br />I am not sure if Teshuvah can help, they should all beg HaShem for mercyPinchos Woolstonehttps://www.blogger.com/profile/13023147468527198152noreply@blogger.comtag:blogger.com,1999:blog-7497397929451139438.post-16189211923875533102014-04-02T20:10:27.047+03:002014-04-02T20:10:27.047+03:00David,
Thank you for yet another good post as pa...David, <br /><br />Thank you for yet another good post as part of your continuing efforts to fight child abuse. As the blogger that hosted this revelation by David Cheifetz on Frum Follies, I want to thank you for taking the effort to carefully examine the pertinent materials. I know how much work that entailed.<br /><br />I agree there is a place for writing letters on behalf of many defendants. You have done a nuanced job of parsing out the issues of when to write such a letter and how to write it. <br /><br />As you argue, Dr. Pelcovitz crossed a line in writing this particular letter for this particular case. <br /><br />Regarding the sentence, you write: "I hope Judge Lewis A.Kaplan had the good sense to ignore Dr Pelcovitz' ill-considered letter and plea for leniency, when he sentenced Zauder this week to 13 years imprisonment." I fear not. Even the defense agreed that the minimum sentence was 10 years and the possible maximum was somewhere around 20+ years. Zauder managed to end up in the lower end of that range. So, your hopes may have been unmet, and Pelcovitz's letter may have been a factor in increasing the risk of other children being harmed by his relatively earlier release. Yerachmiel Lopinhttp://frumfollies.wordpress.comnoreply@blogger.com