Swimmer Files Abuse Lawsuit against Coach & USA Swimming

Thursday, October 14, 2010

The juggernaut of swim coach abuse lawsuits against USA Swimming rolls on.  In the latest lawsuit, a swimmer from Silicon Valley has filed a sexual abuse lawsuit against a coach and USA Swimming, alleging that the abuse effectively derailed any potential career she had as a professional swimmer.


Jancy Torres Thompson addressed a press conference announcing her decision to file a lawsuit.  Her story reads like so many that California swim coach abuse lawyers have come across.  The lawsuit alleges that she was abused by former coach Norman Havercroft, and that the abuse occurred at the West Valley Swim Club in Saratoga.  During the press conference, Thompson spoke about the abuse that she claims effectively killed her dreams of becoming an Olympian swimmer, and in fact, destroyed her life.  Before the abuse, Thompson had a promising career and frequently competed in national tournaments.  She even won a swimming scholarship to Arizona State University.  All that potential was destroyed.


This is the latest blow to USA Swimming, which is already caught in the middle of a raging controversy over allegations that officials, at both local and national levels, knew about the abuse of swimmers by some coaches, and failed to do anything about it.  Earlier this year, former coach Andrew King was sentenced to 40 years in prison for molestation of three young girls during the 1980s and the 1990s. 


The organization has come under severe pressure to disclose more details about its knowledge of the abuse.  This year, USA Swimming finally released a list of nearly 4 dozen coaches and some officials who have been banned for life.  Most of these bans involved abuse and misconduct.


Thompson's attorneys allege that USA Swimming was aware that Havercroft had engaged in sexual misconduct back in 2002, but he continued to coach water polo in Southern California as recently as two years ago. 

US Begins Extradition of Irish Priest Charged with Child Sex Abuse

Monday, October 11, 2010

California sexual abuse attorneys continue to come across cases involving clergy sex abuse, years after the extent of the scandal in the US first came to light.  US authorities began extradition proceedings against former Irish priest, 74-year-old Patrick McCabe, who currently lives in California.  Defense attorneys for McCabe, who faces charges of sex abuse in his native Ireland, are likely to face a legal challenge when they begin to oppose his extradition. 

McCain is mentioned in at least 10 warrants issued in Irish courts, calling for his extradition from California to Ireland.  He has been accused by 10 persons of sexual assault or attempted sexual assault.  Nine of the cases involved indecent assault, while the tenth one involved attempted indecent assault.  The alleged sex abuse took place between 1973 and 1981, when McCabe was a priest in the Dublin archdiocese.

In 1982, McCabe moved to California where he began practicing as a priest.  The allegations of abuse were made against him in 1987, and the following year, he resigned the priesthood.  Authorities were not aware of his whereabouts, and thus no charges were filed at that point in time.  Finally, Interpol was able to locate him in Alameda, California in 2003. 

Irish police interviewed him in 2007, and now formal official proceedings have begun to send this priest back to Ireland to face his former victims.  The victims were between 10 and 14 years of age when the assaults allegedly took place.  The priest has been remanded into custody, and will likely remain there until the extradition proceedings are complete.

The priest's defense attorneys insist that he is not a flight risk.  He has surrendered his passport, and is electronically tagged.  The defense papers insist that McCabe is a frail and weak elderly man, who has no history of criminality, and is in poor health.  That claim is disputed by prosecutors, who say that he is frequently seen walking and cycling, and does yoga a couple times a week.
  

The defense attorneys intend to oppose the extradition request on the basis that offense of indecent assault has no counterpart under California or US laws.  The United States attorney's office, however, disputes that claim.

Media Saturation over Catholic Clergy Abuse Scandal

Tuesday, August 10, 2010
In 2002, when the Roman Catholic clergy abuse scandal first broke, it remained the number one topic of interest for months after. Americans were glued to the story as lurid tales of abuse began to pour in from dioceses across the country. However, a new study shows that interest in the Catholic Church abuse scandal has dropped, ever since the focus shifted from the US to the Vatican and the Pope.

The study examined mainstream, as well as Catholic media, coverage of the clergy abuse scandal this spring. The study found that approximately 50% of the media reports between March 12 and April 27 focused on Pope Benedict. There should be no surprise there, because the Pope has been drawn increasingly toward the center of the controversy. This has been largely due to allegations that he remained indifferent even after he learned of abuse that had been going on before he was chosen Pope in 2005.

Sexual abuse attorneys will find even less surprising the fact that the coverage has served mainly to tarnish Pope Benedict’s image. Only 12% of Americans believe that he has done a good job of handling the sexual abuse crisis in the church.

The study also found that back in 2002, the American media attention was devoted heavily to coverage of the scandal, and now that the scandal has moved to Europe, including Austria and Ireland, the coverage is heavier on the continent compared to this country. There should be no surprises there, either. After all, media interest is transient depending on the hot news story of the day.

However, sexual abuse attorneys would call for continued media focus and attention on the abuse scandal. The crisis in the US is far from over, and we need to keep focused on the depth of abuse that occurred in this country. Hundreds of thousands of children were abused over the past two decades and if we forget that, we encourage it to happen again.


USA Swimming Has Secret Second List of Abuse Suspects List

Tuesday, August 10, 2010
USA Swimming is having to explain a second secret list of people, who are under suspicion of “unscrupulous behavior,” for sexual misconduct and abuse of swimmers.  The organization already has one list of officials and swim coaches who have been banned for life.  These people have been banned mainly for alleged sexual abuse and other allegations of sexual misconduct. 

According to USA Swimming President Jim Wood, there is a second list of people who have been flagged for sexual misconduct, but have not faced disciplinary action by the organization because they are not current members of the organization.  Those cases will be taken before the National Board of Review.  Those coaches and officials in the second list who do not attend the National Board of Review meeting, or lose their case, will simply be placed on the first list of banned officials and coaches. 

Wood did not specify exactly how many people are on the second list.  All he would say was some people have been on the list for a long time, and the others have been recently added to the list.  They're all non-members of the organization, and they all have one thing in common - there have been some allegations of sexual misconduct against them, and these allegations have been brought to the notice of USA Swimming.

USA Swimming critics allege that there are several names that should be on the list, but are not.  For example, Randy Nack is a former high school swim coach in Southern California, who was imprisoned two years ago for admittedly conducting sexual relations with two of his underage swimmers.  This man is not named on the second list of “flagged persons.”

Swim coach sexual abuse lawyers will have questions about the mysterious second list.  Why has this list not been made public?  Why is there secrecy about the persons named in this list?  Exactly what kind of “suspicions of sexual misconduct” are linked to these persons?  Have there been multiple complaints about these persons?  And most importantly, are these persons still coaching swimmers anywhere in the country?



Sex Abuse Offender Extradited from Philippines to the United States

Tuesday, August 10, 2010
Finally, it's encouraging for California sexual abuse lawyers to see the US extradition process working properly - albeit slowly - to deliver justice to victims of child sexual abuse in California.  A 66-year-old man has been extradited from the Philippines to California to face charges of child sex abuse.  The charges date back to the early 1980’s, when the alleged sexual abuse occurred.  The man, Richard Wright La Guardia, was working as a doctor in the Philippines when FBI detectives finally caught up with him.  He was detained on March 23, and was just deported.  He reached California last week.

In 1982, Riverside County prosecutors charged LaGuardia with three counts of sexual abuse on a child.  The two girls that he was accused of sexually assaulting were his own minor stepdaughters. In 1983, he was scheduled to appear in court, but failed to do so.  A bench warrant was issued for his arrest.  In 1996, the FBI and the US Attorney's office found out that LaGuardia had fled the country to the Philippines.  Soon, a federal warrant was issued for his arrest.  Over the next few years, American investigators worked diligently with their Philippines counterparts, following leads on LaGuardia.  They ultimately found LaGuardia working as a doctor in the Philippines.  He was arrested on March 2 at Puerto Princess at Palawan Island.  He now faces new charges of forced oral sex and suspicion of sodomy with a child under 14.  

There is one main question that sexual abuse attorneys need to ask here.  LaGuardia was found living in the Philippines in 1996, when the federal warrant was issued.  Why did it take approximately 14 years for a combination of efforts by the Philippines authorities and US federal law enforcement agencies to extradite this man to the United States?