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Tag: Prisoners' health

  • Wave of sex abuse lawsuits seen as NY opens door for victims

    Wave of sex abuse lawsuits seen as NY opens door for victims

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    ALBANY, N.Y. — Sexual assault victims in New York will get a one-time opportunity to sue over their abuse starting Thursday, under a new law expected to bring a wave of allegations against prison guards, middle managers, doctors and a few prominent figures including former President Donald Trump.

    For one year the state will waive the normal deadlines for filing lawsuits over sex crimes, enabling survivors to seek compensation for assaults that happened years or even decades ago.

    Advocates say the Adult Survivors Act is an important step in the national reckoning over sexual misconduct and could provide a measure of justice to people who may have needed time to come forward due to trauma, embarrassment or fear of retaliation.

    “I feel like I’ve been in jail for almost three decades,” said Liz Stein, 49, who says she was abused by the millionaire and notorious sex offender Jeffrey Epstein when she was a young woman. “And it’s more than time for me and the other victims to be free of that prison that we’ve been in, and for the people who are accountable to be held accountable.”

    The law is modeled after the state’s Child Victims Act, which opened a two-year window in 2019 during which almost 11,000 people sued churches, hospitals, schools, camps, scout groups and other institutions over abuse they said they suffered as children.

    Most states that have opened such windows did so only for people abused as children, though New Jersey’s included adults.

    New York will begin accepting electronic filings on Thanksgiving Day, six months after the law was signed by Gov. Kathy Hochul. Lawyers say they have been getting calls from people considering lawsuits, mostly women.

    “I think there will be a lot of women who will say, ‘I think that’s me. Because I think what happened at that Christmas party in 1998 wasn’t right. And I couldn’t tell anybody about it at the time.’ And they want to tell somebody about it,” attorney Jeanne Christensen said.

    Legal action has already been promised on behalf of hundreds of women who say they were sexually abused while serving sentences at state prisons.

    Other cases could come from college students assaulted by professors, athletes abused by coaches or workers assaulted by bosses.

    A lawsuit against Trump is expected from E. Jean Carroll, a longtime advice columnist for Elle magazine who says he raped her in a department store dressing room in the mid-1990s.

    Trump denies the allegation, saying Carroll made it up to sell a book. Carroll is already suing Trump for defamation, saying his denials and disparaging comments to the media damaged her reputation.

    Claims can be made against negligent institutions and the estates of dead people. Some are expected from women who were inspired to come forward by the #MeToo movement, only to be told that too much time had passed to take legal action.

    It’s unclear there will be as many lawsuits as were filed under the Child Victims Act. That law attracted many lawyers because of the possibility of verdicts against deep-pocketed institutions involved in caring for or educating children.

    Stein’s lawsuit, to be filed by her lawyer, Margaret Mabie, will be against Epstein’s longtime companion, Ghislaine Maxwell, and other parties. Stein was working at a shop in Manhattan in 1994 when she met Maxwell, who introduced her to Epstein.

    Maxwell is serving a 20-year sentence for helping Epstein sexually abuse underage girls. Maxwell’s attorneys did not immediately respond to an email request for comment. Epstein killed himself in jail in 2019 after his arrest on sex trafficking charges.

    In addition to the high-profile claims, there will be “many, many more” cases that don’t get publicity, said Liz Roberts, CEO of the victim assistance nonprofit Safe Horizon. Roberts said that for many survivors, just telling their story can be healing.

    “I’m just finding my voice, and I’m learning how powerful that can be,” said Laurie Maldonado, one of scores of women who say they were molested during examinations by New York City gynecologist Robert Hadden.

    Hadden surrendered his medical license after being convicted in 2016 on sex-related charges in state court. He has pleaded not guilty to federal charges of sexually abusing many young and unsuspecting female patients for over two decades.

    The medical institutions that employed Hadden, Columbia University Irving Medical Center and NewYork-Presbyterian, have already resolved claims by 225 women, including one group of 147 that recently settled for $165 million. They said in a statement that they remain open to settling other claims “irrespective of the Adult Survivors Act.”

    While the Child Victims Act received a lot of publicity when its window opened in 2019, some advocates are worried too few people are aware of the one opening for adults.

    Safe Horizon last week launched a public awareness campaign featuring survivors, including a public service announcement and a news conference in Times Square.

    “We’re just keenly aware that a year is a short time,” Roberts said.

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  • Texas to execute man for killing mother nearly 20 years ago

    Texas to execute man for killing mother nearly 20 years ago

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    HOUSTON — A Texas inmate whose lawyers say has a history of mental illness is set to be executed Wednesday for killing his mother and burying her body in her backyard nearly 20 years ago.

    Tracy Beatty, 61, is scheduled to receive a lethal injection Wednesday evening at the state penitentiary in Huntsville. He was sentenced to death for strangling his mother, Carolyn Click, after they argued in her East Texas home in November 2003.

    Authorities say Beatty buried his 62-year-old mother’s body beside her mobile home in Whitehouse, about 115 miles (180 km) southeast of Dallas, and then spent her money on drugs and alcohol.

    The U.S. Supreme Court on Wednesday morning declined an appeal from Beatty’s lawyers to halt the execution. On Monday, the Texas Board of Pardons and Paroles unanimously declined to commute Beatty’s death sentence to a lesser penalty or to grant a six-month reprieve. Beatty has had three prior execution dates.

    His attorneys had argued he was being prevented from receiving a full examination to determine if he is intellectually disabled and possibly ineligible to be put to death. They had requested that state prison officials allow Beatty to be uncuffed during mental health evaluations by experts. The experts argue that having Beatty uncuffed during neurological and other tests is crucial to making an informed decision about intellectual disability and evaluating his mental health.

    In their Supreme Court petition, Beatty’s lawyers said one expert who examined the inmate determined that he was “clearly psychotic and has a complex paranoid delusional belief system” and that he lives in a “complex delusional world” where he believes there is a “vast conspiracy of correctional officers who … ‘torture’ him via a device in his ear so he can hear their menacing voices.”

    Citing security and liability concerns, the Texas Department of Criminal Justice put in place an informal policy last year that would require a court order to allow an inmate to be unshackled during an expert evaluation.

    Federal judges in East Texas and Houston and the 5th U.S. Circuit Court of Appeals in New Orleans previously ruled against Beatty’s request for an evaluation without handcuffs. The federal appeals court called Beatty’s request a “delay tactic.”

    U.S. District Judge Charles Eskridge in Houston last week questioned why Beatty’s lawyers had not raised any claim relating to his mental health during years of appeals, and said requiring handcuffs during such an evaluation is “quite simply, a rational security concern.”

    While the U.S. Supreme Court has prohibited the death penalty for individuals who are intellectually disabled, it has not barred such punishment for those with serious mental illness, according to the Death Penalty Information Center, a Washington, D.C.-based nonprofit that provides analysis and information on capital punishment.

    The Texas Legislature considered but did not pass a bill in 2019 that would have prohibited the death penalty for someone with severe mental illness.

    Beatty had a “volatile and combative relationship” with his mother, according to prosecutors. One neighbor, Lieanna Wilkerson, testified that Click told her Beatty had assaulted her several times before, including once when he had “beaten her so severely that he had left her for dead.” But Wilkerson said Click had still been excited to have Beatty move back in with her in October 2003 so they could mend their relationship.

    Mother and son argued daily, however, and Click asked Beatty twice to move out, including just before she was killed, according to testimony from Beatty’s 2004 trial.

    “Several times (Beatty) had said he just wanted to shut her up, that he just wanted to choke her and shut her up,” Wilkerson testified.

    If Beatty is executed, he would be the fourth inmate put to death this year in Texas and the 13th in the U.S. Texas’ last execution for this year is scheduled to take place next week.

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    Follow Juan A. Lozano on Twitter: https://twitter.com/juanlozano70

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