Case of Ralph Capone

Case of Ralph Capone

School Custodian, Patchogue-Medford School District

Temple Beth El synagogue

Long Island, New York

Accused of asking two male students in their 20s, working on the High School equivalency diploma, claimed Capone asked them for oral sex.

There was a substantial article on this in the Long Island edition (only) of the NY Times last week, please forward a copy of this article to the Awareness Center if you have access to one.

___________________________________________________________________________________

Disclaimer: Inclusion in this website does not constitute a recommendation or endorsement. Individuals must decide for themselves if the resources meet their own personal needs.

Table of Contents:  

2004

1. Custodian sues Patchogue-Medford School District for wrongful termination (04/05/2004)
2. Fired Custodian: Predator or Scapegoat? (04/25/2004)
3. Ex-custodian sues, alleging firing was unfair (07/21/2004)

2005

1. Board in turmoil over exec-session recordings (05/26/2005)
2. Board seeks colleagues ouster, Patchogue-Medford trustees move to boot Weeks for leaking secret recordings of executive sessions  (06/09/2005)

2007

1. Matter of Capone v Patchogue-Medford Union Free School Dist.  (03/20/2007)

___________________________________________________________________________________

Custodian sues Patchogue-Medford School District for wrongful termination

News 12 Long Island - April 5, 2004

PATCHOGUE – Ralph Capone was fired from his job as a custodian at Patchogue-Medford School District. Two male students in their 20s, working on the High School equivalency diploma, claimed Capone asked them for oral sex. Capone was immediately suspended and then fired after a school investigation. School officials reported the incident to the police, but no criminal charges were filed against Capone.

Capone's wife and three other district employees say Capone was at the district office the date of the incident, not at Temple Beth El where the incident occurred. Capone plans to file a $50 million lawsuit against the school district for wrongful termination, slander and libel.

School board president Tony Kaiser stands by the board members 4-to-3 vote to fire Capone. The superintendent of the Patchogue-Medford School District is not commenting about the boards vote to remove Capone or the pending lawsuit.

___________________________________________________________________________________

Fired Custodian: Predator or Scapegoat?

By Steward Ain

Long Island Weekly - April 25, 2004, Sunday, Late Edition - Final , Section 14LI , Page 3 , Column 1

RALPH CAPONE'S supporters say that he was fired by the Patchogue-Medford School District in an attempt to cover up its own financial ... Not so, says Anthony N. Kaiser, the president of the school board. He contends that Mr. Capone, who had been a custodian for the district for 18...

___________________________________________________________________________________

Ex-custodian sues, alleging firing was unfair:  Patchogue-Medford School District

By Robert E. Kessler

Newsday (NY) - July 21, 2004

A former custodian in the Patchogue-Medford school district has filed a multimillion- dollar federal civil rights lawsuit, saying he was fired unfairly in March because of false accusations that he had solicited sex from two adult night students.

"It has had a horrible effect on our lives," said Ralph Capone, 52, adding that the accusations also hurt his family. "Even if we win, our lives will always have changed."

Joseph Madsen, an attorney for the school district, said he could not comment on pending litigation.

The school board voted 4-3 to fire Capone after a hearing by a former Nassau County prosecutor hired for the case.

After filing the suit in District Court in Central Islip, Capone and his attorney, Ruth Pollack of Mineola, said they believed Capone was a victim of the district's bruising politics.

Capone, who worked for the district for 18 years, said the narrow school-board majority had singled him out as an example because they believed that he and other members of the Civil Service Employees Association were working against them.

Capone said he was not particularly active in school politics, but believed that most of the district's CSEA employees had worked against the board majority that fired him.

Capone said the sexual solicitation charge resulted from retaliation by one of two 21-year-old men taking a night course in English as a second language. Capone said that before the charges were filed, he had asked one of the men to stop necking with a girlfriend in a hallway.

Pollack said the firing also was a warning to employees not to speak out against financial mismanagement in the district that Capone says occurred before the recent election put in a new board majority.

___________________________________________________________________________________

Board in turmoil over exec-session recordings 

By Nedra Rhone

Newsday - May 26, 2005

CORRECTION: A story yesterday about the Patchogue-Medford school board gave an incorrect first name for a former board member. The name is Ronald Raby. (A17 NS 5/27/05)

As if the overwhelming defeat of the proposed school budget earlier this month wasn't enough to put Patchogue-Medford district officials on edge, allegations involving sex, lies and compact discs may leave one board member without a seat.

Two former school board members have filed a petition with state education Commissioner Richard Mills for the removal of Tina Marie Weeks because they believe that she had given recordings of executive sessions to a man with a $50-million lawsuit against the district.

Weeks, now vice president of the board, "breached her fiduciary duty to the school district by surreptitiously recording executive sessions of the board ... ," according to the May 16 petition.

Under the state's General Municipal Law, as cited in the petition, a municipal officer is prohibited from "disclos[ing] confidential information acquired by [her] in the course of [her] official duties or us[ing] such information to further [her] personal interests."

Board member Joseph LoSchiavo said Weeks' actions were at least unethical. "The contents of the tapes is secondary to the fact that they were released to a plaintiff in a multimillion-dollar lawsuit against the district," he said. "It is very damaging for the district to have their trust violated like that."

Last July, a former custodian, Ralph Capone, filed a civil rights lawsuit against the district charging that he had been unfairly fired last spring. A hearing officer recommended Capone's termination after investigating district charges that he had solicited sex from two male night school students. Capone denied he ever solicited them. The board at the time, which included the petitioners Patrick Nett and Robert Raby, voted 4-3 to fire Capone. [CORRECTION: A story yesterday about the Patchogue-Medford school board gave an incorrect first name for a former board member. The name is Ronald Raby. (A17 NS 5/27/05)]

But Weeks said in an interview Tuesday that she felt the board's conduct was improper. "It is my sincere belief that the employee at issue in this matter was treated in a manner inconsistent with the values that we try to teach our children," she said.

In court documents, Capone said Weeks gave him the discs in question because "she felt that this whole thing shouldn't have happened ... " and she believed he had been "railroaded" by power- abusing board members.

Gerard Bringmann, a 23-year resident, wrote a letter to Attorney General Eliot Spitzer after the current school board took no action against Weeks.

School board President Margaret Felouzis "reminds me of a cat in a litter box," Bringmann said. "She's just trying to cover up the mess." Felouzis could not be reached for comment, but district Superintendent Michael Mostow said an outside lawyer hired by the district counsel is reviewing the tapes.

Raby and Nett filed the petition for Weeks' removal because they were outraged, Raby said. "Neither of us knew we were being taped, not that I am ashamed of anything that I said in that room." But for Weeks to then give the recordings to Capone, he said, "It just isn't the right thing to do."

___________________________________________________________________________________

Board seeks colleagues ouster, Patchogue-Medford trustees move to boot Weeks for leaking secret recordings of executive sessions
By Nedra Rhone

Newsday - June 9, 2005

School board members in Patchogue-Medford took steps to remove fellow trustee Tina Marie Weeks for official misconduct at a board meeting Monday night.

With a vote of 5 to 2, the board approved a resolution that directs the staff attorney to draft a petition for Weeks' removal. Weeks and board president Margaret Felouzis dissented.

In a public statement, board member Joseph LoSchiavo said Weeks "flagrantly violated her oath of office" by recording executive sessions and providing the recordings to a former custodian involved in a $50-million lawsuit against the district.

This latest push for Weeks' unseating comes about a week after two former board members filed a petition with the state commissioner of education, Richard Mills, to remove her under the same charges.

"I for one do not believe that this board should sit idle and count on the commissioner of education to do our bidding," LoSchiavo said in a public statement. "If we remain silent, voters have a right to conclude that we are ... unwilling to stand up for what is right on behalf of our constituents."

More than 200 residents filled the gymnasium of Bay Elementary School Monday, some carrying signs that read "The Party is Over Tina," "Resign Tina Resign" and "Tina TRIPP."

"What she did was unethical. She compromised the privacy of students and teachers," said Patti Kelly, a resident who had gathered a few hundred signatures from the community in support of Weeks' ouster.

Weeks has refused to resign, stating in the past that she felt the board's firing of Ralph Capone, a former custodian alleged to have made sexual advances to two night-school students, was improper. Weeks could not be reached for comment. In court documents, Capone said Weeks gave him the recordings because she felt he was being "railroaded" by board members abusing their power.

But some residents said it was Weeks who took advantage. "She overstepped her boundaries," said Mickey Perez. "I don't tape my friends' conversations and put them on the Internet."

___________________________________________________________________________________

Matter of Capone v Patchogue-Medford Union Free School Dist. 

March 20, 2007

Matter of Capone v Patchogue-Medford Union Free School Dist. 2007 NY Slip Op 02552 [38 AD3d 770] March 20, 2007 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, May 9, 2007 

In the Matter of Ralph Capone, Petitioner,
v
Patchogue-Medford Union Free School District, Respondent.

—[*1] Ruth M. Pollack, Mineola, N.Y., for petitioner.

Guercio & Guercio, Farmingdale, N.Y. (Douglas A. Spencer and Gary L. Steffanetta of counsel), for respondent.

Proceeding pursuant to CPLR article 78 to review a determination of Patchogue-Medford Union Free School District dated March 23, 2004, which adopted the recommendation of a hearing officer, made after a hearing, finding that the petitioner committed misconduct, and terminated the petitioner's employment.

Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.

In June 2003 two adult students of the Adult Education Program conducted by Patchogue-Medford Union Free School District (hereinafter the UFSD), reported to their instructor that the petitioner, an employee of the UFSD, initiated sexually explicit conversations with them and offered to perform certain sexual acts. As a result, the UFSD charged the petitioner with 18 specifications of misconduct pursuant to Civil Service Law § 75. After a hearing, 17 of the 18 charges were sustained, the hearing officer recommended that the petitioner's employment be terminated, and the UFSD terminated the petitioner's employment. The petitioner commenced this article 78 proceeding, contending that he was deprived of adequate notice of the charges against him, that the charges were not supported by substantial evidence, and that termination was too severe a penalty. [*2]

Here, the statement of charges was sufficient to give the petitioner notice of the charges against him and allow him to present a defense. Civil Service Law § 75 requires that "[a] person against whom removal or other disciplinary action is proposed shall have written notice thereof and of the reasons therefore, [and] shall be furnished a copy of the charges preferred against him" (Matter of Fitzgerald v Libous, 44 NY2d 660, 660-661 [1978]). Additionally, the charges must be reasonably specific in light of the circumstances, which include "whether the interval ascribed for a particular offense is so excessive on its face that it is unreasonable; whether the respondent has exerted diligent efforts to state the time more specifically; and whether, under the circumstances, the designated period is reasonable" (Matter of Jeanotte v City of Rochester Police Dept., 110 AD2d 1081, 1082 [1985]). Given the petitioner's repeated contacts and conversations with the students, the charges against the petitioner identifying the relevant time period as May to June 2003 and Fall 2002 were adequate. Because the UFSD also provided him with the content of these conversations, the exact nature of his alleged misconduct was known to him as well.

There is substantial evidence in the record to establish that the petitioner, who held the position of custodial worker I, initiated sexually explicit conversations and offered to perform sexual acts with two adult students of the Adult Education Program conducted by the UFSD in the Fall of 2002, May 2003, and June 2003 (see Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 NY2d 222, 230 [1974]). Additionally, it was the hearing officer's role "to weigh the evidence or assess the credibility of witnesses and determine which testimony to accept and which to reject" (Matter of Sahni v New York City Bd. of Educ., 240 AD2d 751, 751 [1997]). In this regard, it was proper for the hearing officer to find the testimony of the two students to be credible, while finding the petitioner's testimony and that of his wife to be less than credible.

Prior to the preferment of the charges against the petitioner, he had an unblemished 19-year record with the UFSD. His evaluations were good to excellent over his years of service, and he received letters of commendation from the UFSD's superintendent of schools. Additionally, his conduct, while inappropriate and embarrassing to the adult students, did not endanger any minor children. His conduct also did not prevent them from attending class, nor did it involve any physical assault. Nonetheless, we are constrained by the Court of Appeals' decisions in Matter of Waldren v Town of Islip (6 NY3d 735 [2005]), and Pell v Board (supra) not to disturb the UFSD's determination, as it cannot be said as a matter of law that the penalty imposed on the petitioner herein, termination, is "so disproportionate to the offense as to be shocking to one's sense of fairness" (Waldren, supra at 736-737, quoting Pell v Board, supra at 237). In Waldren, the Court of Appeals held that, in the context of a 30-year career that was otherwise unblemished, an employee's use of his office computer to view internet pornography was sufficient to warrant termination. In view of such precedent, we cannot conclude that termination of the petitioner's employment was so disproportionate to the offense as to be shocking to one's sense of fairness (see Matter of Waldren v Town of Islip, supra at 736-737; Matter of Schnaars v Copiague Union Free School Dist., 275 AD2d 462, 463 [2000]). Schmidt, J.P., Skelos, Lifson and Covello, JJ., concur.

___________________________________________________________________________________

FAIR USE NOTICE

Some of the information on The Awareness Center's web pages may contain copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc.

We believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes.

For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml . If you wish to use copyrighted material from this update for purposes of your own that go beyond 'fair use', you must obtain permission from the copyright owner.

___________________________________________________________________________________

"Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it is the only thing that ever has."

--Margaret Mead

___________________________________________________________________________________

Case of Moti Lahav

Case of Moti Lahav

(AKA: Mordechai Lahav)

Migdal Ha'emek, Israel

Confessed to sodomizing and sexually abusing two male youths and one female youth he met via the Internet.

There are several people who go by the name of Moti Lahav.  The individual discussed on this page was born around 1964.  If you have more information on this case, please forward it to The Awareness Center.

_________________________________________________________________________________

Disclaimer: Inclusion in this website does not constitute a recommendation or endorsement. Individuals must decide for themselves if the resources meet their own personal needs.

Table of Contents:

1. Man indicted for sexually abusing youths he met on Internet   (04/04/2004)

_________________________________________________________________________________

Man indicted for sexually abusing youth he met on the Internet

By Eli Ashkenazi, Haaretz Correspondent

Haaretz - April 04, 2004 Nisan 13, 5764

An indictment was filed in Nazareth District Court on Sunday against a 40-year-old man accused of sodomizing and sexually abusing two male youths and one female youth he met via the Internet.

The accused, Moti Lahav of Migdal Ha'emek, admitted connections to the charges against him.

The affair was exposed some five months ago when the female youth, a resident of the north, filed a rape complaint against Lahav. A police investigation revealed he would chat with youths on ICQ, telling them he was 20 years old. He even sent photographs to the youths in which he appeared to be 20 years old.

The first meeting with the girl came when Lahav offered to provide her with support when she broke up with her boyfriend. He came to her community where he sexually abused her. The next day, Lahav returned to the girl's home where he again sexually abused and sodomized her against her will.

The two other incidents were exposed during the course of the police investigation. Lahav would steer Internet chats with youths to the subject of sex and would convince them to allow him to come to their homes, where he would abuse them.

Lahav met with one of the male youths after Lahav promised him he would arrange him work as a deejay. The second youth he met in a Haifa club. He sexually abused and raped these two youths as well.

Police said the investigation was complicated and involved "horrifying incidents." In order to uncover information on the suspect's computer, the northern district fraud squad participated in the investigation. Their examination of Lahav's computer revealed he had made contact with other youths aside from the three directly involved in the current charges.

_________________________________________________________________________________

FAIR USE NOTICE

Some of the information on The Awareness Center's web pages may contain copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc.

We believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes.

For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml . If you wish to use copyrighted material from this update for purposes of your own that go beyond 'fair use', you must obtain permission from the copyright owner.

_________________________________________________________________________________

"Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it is the only thing that ever has." –– Margaret Mead

_________________________________________________________________________________

Case of Ilan Hacham

Case of Ilan Hacham

Maternity Ward Nurse - Assaf Horefeh Hospital, Tel Aviv, Israel

Arrested and charged with allegedly molesting two women in maternity ward of Assaf Harofeh Hospital.  One of the woman said she asked the nurse to give her something to hold on to while she was in labor to ease her pain.  Horefeh came near her and suggested she grab his penis.  The other woman, said when the nurse came into the recovery room to take her blood pressure, he grabbed her hand and placed it on his crotch.

_________________________________________________________________________________

Disclaimer: Inclusion in this website does not constitute a recommendation or endorsement. Individuals must decide for themselves whether the resources meet their own personal needs.

Table of Contents: 

2004

1. Haaretz - Breaking News Ticker  (04/04/2004)
2. Male nurse indicted for molesting women in maternity ward   (04/05/2004)

_________________________________________________________________________________

Haaretz - Breaking News Ticker

Haaretz - April 05, 2004 Nisan 14, 5764

Male nurse Ilan Hacham, 40, indicted for allegedly molesting two women in maternity ward of Assaf Harofeh Hospital

_________________________________________________________________________________

Male nurse indicted for molesting women in maternity ward

By Roni Singer, Haaretz Correspondent and Itim

Haaretz - April 5, 2004

A male nurse in the maternity ward of Assaf Horefeh Hospital in Tel Aviv was indicted Monday on suspicion that he molested women under his care.

Ilan Hacham, 40, has worked in the maternity ward for the past 15 years. Last week, two women accused him of touching them inappropriately. He was placed under house arrest.

The nurse claimed everything he did was part of his job and purely professional.

After police officers and the two women confronted the nurse Sunday, the officers became increasingly convinced of the veracity of the women's claim. Police suspect many more women were abused by the nurse over the years.

One of the women who accused the nurse gave birth in May 2003. She told police her husband, who is handicapped, was not present when she gave birth. The woman said she asked the nurse to give her something to hold on to so as to ease her pain, and he came near her and suggested she grab his penis.

Another woman, who gave birth at the beginning of March, said when the nurse came into the recovery room to take her blood pressure, he grabbed her hand and placed it on his crotch.

The two women know each other and recently talked about their birthing experiences. One woman told the other she would never go back to Assaf Harofeh, and told her friend about her ordeal. It was then that her friend realized they were both abused by the same nurse.

"These are two intelligent and convincing women," said Ramle police chief Yigal Hadad. "They tell a believable story which indicates the nurse performed acts which were unprofessional and had nothing to do with his job as nurse."

_________________________________________________________________________________

FAIR USE NOTICE

Some of the information on The Awareness Center's web pages may contain copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc. 

We believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. 

For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml . If you wish to use copyrighted material from this update for purposes of your own that go beyond 'fair use', you must obtain permission from the copyright owner.

_________________________________________________________________________________

"Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it is the only thing that ever has." –– Margaret Mead

_________________________________________________________________________________

Case of Joseph Krim

Case of Joseph Krim

(AKA: Joseph Michael Krim, Joseph M. Krim, Ernesto Hernandez)

 Currently Residing - Albuquerque, NM
Aztec, NM

(2001- 2004) Automotive Technology Teacher - San Juan College, Farmington, NM

Former Teacher - Congregation Albert's Child Care Center, Albuquerque, NM
Former Teacher - Kids Country Club,  Albuquerque, NM

Lovelace Medical Center, Lovelace, NM

Originally Joseph Krim claimed it is his constitutional right to manufacture, possess and distribute child pornography.  He later pleaded guilty to child pornography charges has been sentenced to six years in prison.

When the police searched Krim's home they found thousands of images and videos of children under the age of 12 involved in sexual acts with other children, adults and animals.  Some images involve images of sex acts with children as young as 3.

Some of the normal photos of clothed children allegedly found in Krim's home were reportedly from three different Albuquerque day-care centers where the man claimed to have worked.

Prior to being employed by Kids Country Club in Albuquerque, the school ran an FBI background check and cleared him to be able work at the center.

_______________________________________________________________________________

Disclaimer: Inclusion in this website does not constitute a recommendation or endorsement. Individuals must decide for themselves if the resources meet their own personal needs.

Table of Contents

2004

1. San Juan College Instructor Charged in Child Porn Case  (04/01/2004)
2. Teacher held on child pornography charges (04/02/2004)
3. Man Charged in Child Porn Case Waives Preliminary Hearing (04/15/2004)
4. Former college instructor waives preliminary hearing (04/15/2004)
5. District court looks at child porn cases (05/10/2004)
6. Krim: Child porn a right (09/04/2004)
7. More porn charges filed on Krim  (09/11/2004)
8. Kid Porn Charges Increased for Former College Teacher  (09/12/2004)
9. Photos analyzed in child-porn case  (11/24/2004)
10. Krim porn charges will stand  (12/02/2004)
11. Child porn charges filed (12/11/2004)

2005 

1. Ex-Teacher Admits Having Child Porn (01/02/2005)
2. Former Farmington teacher sentenced to prison for child porn  (08/30/2005)

2013

1. Sex Offender Registry - Bernalillo County Sheriff's Office  (10/15/2013)

_______________________________________________________________________________

San Juan College Instructor Charged in Child Porn Case

The Associated Press - April 1, 2004

A San Juan College instructor who said he previously worked at Albuquerque day-care facilities has been arrested on child pornography charges.

Joseph Krim was taken into custody Tuesday at San Juan College, where he is employed as an automotive instructor.

He is charged with one count of manufacturing child pornography, five counts of sexual exploitation of children through distribution of child pornography and one count of sexual exploitation of children through possession of child pornography.

Farmington police began investigating Krim after Detective Frank Dart received a tip from the National Center for Missing and Exploited Children that a Farmington resident was uploading child pornography onto Web sites.

Dart identified the man as 41-year-old Krim and pursued a search warrant.

Investigators found more than 45 digital images and 15 videos depicting children up to the age of 12 involved in sexual acts with other children, with adults and with animals.

When questioned, Krim allegedly told Dart that he collected and traded the images and videos, according to an affidavit for the arrest warrant.

Krim also allegedly admitted to police that he created child pornography for distribution

Some of the normal photos of clothed children allegedly found in Krim's home were reportedly from three different Albuquerque day-care centers where the man claimed to have worked.

San Juan College was listed as the facility paying for Krim's home Internet service.

College spokeswoman Linda Baker would not discuss Krim's employment status but said the college considers him innocent until proven guilty.

_______________________________________________________________________________

Teacher held on child pornography charges
The Washington Times - April 2, 2004

ALBUQUERQUE, N.M., April 2 (UPI) -- A New Mexico college teacher who worked in three day-care centers after FBI clearance faces child pornography charges, it was reported Friday.

Some images allegedly associated with Joseph Krim, 41, involve images of sex acts with children as young as 3, the Albuquerque Journal reported.

"We were really shocked," said Dana Wheeler, director of Kids Country Club in Albuquerque where Krim worked more than three years ago. She said the FBI had done a background check and cleared him to work at the center.

Krim, a San Juan College teacher in Farmington, N.M., was accused of sexually exploiting children by manufacturing, possessing and distributing child pornography. He purportedly used the Internet to join groups of people trading child pornography online.

He is scheduled for a preliminary hearing next week on the seven charges, all felonies, and remains in the San Juan County Detention Center on an $85,000 bond.

_______________________________________________________________________________

Man Charged in Child Porn Case Waives Preliminary Hearing
The Associated Press - April 15, 2004

FARMINGTON — A former San Juan College instructor arrested on child pornography charges waived his preliminary hearing and his case was sent to district court.

Joseph Krim, 41, has been accused of sexually exploiting children by manufacturing, possessing and distributing child pornography. Police have said Krim worked in three Albuquerque day care centers before moving to Farmington in 2001.

Krim allegedly used the Internet to join groups of people trading child pornography online. He reportedly told police he had about 600 images of children.

Most recently, Krim had been teaching automotive technology at San Juan College since August 2001.

Farmington police conducted a two-month investigation after being notified by the National Center for Missing and Exploited Children that a resident had been uploading child pornography onto two Internet Web sites.

Police reported finding snapshots and Polaroids of clothed children, which Krim told investigators he took at the Kids Country Club in Albuquerque and possibly the other two day cares at which he worked in Albuquerque.

At Wednesday's court hearing before Magistrate William Vincent, Krim's attorney, Joe Romero, said his client has never been in trouble with the law prior to his March 30 arrest.

Krim is charged with one count of manufacturing child pornography, a second-degree felony; five counts of sexual exploitation of children through distribution of child pornography, a third-degree felony; and one count of sexual exploitation of children through possession of child pornography, a fourth-degree felony.

_______________________________________________________________________________

Former college instructor waives preliminary hearing
Associated Press - April 15, 2004

A former San Juan College instructor arrested on child pornography charges has waived his preliminary hearing.

His case is now headed to district court.

Forty-one-year-old Joseph Krim has been accused of sexually exploiting children by manufacturing, possessing and distributing child pornography. Police have said Krim worked in three Albuquerque day care centers before moving to Farmington in 2001.

Krim allegedly used the Internet to join groups of people trading child pornography online. He reportedly told police he had about 600 images of children.

Most recently, Krim had been teaching automotive technology at San Juan College since August 2001.

_______________________________________________________________________________

District court looks at child porn cases

By Debra Mayeux

The Daily Times - May 10, 2005

FARMINGTON — Three Farmington men are currently in the district court system facing child pornography charges. Two are awaiting sentencing, while a third is just beginning a trek through the legal system.

Alan Frazer, 47, of Farmington was the first to be arrested, in January 2003. The prominent businessman was charged with 10 counts of sexual exploitation of a child involving distribution and possession of illegal photographs and videos of children.

Joseph Krim, 43, of Farmington was the next to be arrested. March 30, 2004. The former San Juan College automotive instructor was charged with 31 counts sexual exploitation of a child involving manufacturing, distribution and possession of illegal photographs and videos of children.

The most recent arrest was Faron Carpenter, 39, of Farmington. A day care worker at Emmanuel Baptist Church, he was arrested Dec. 10, 2004, and charged with 33 counts of sexual exploitation of children for manufacturing, distribution and possession of child pornography.

All three men were arrested by Farmington Police Detective Frank Dart, who investigated them after receiving tips from the Center for Missing and Exploited the Children, which received information from different Web servers that the men were allegedly involved in the transfer and downloading of illicit photographs and videos of children.

Frazer, who pleaded guilty Oct. 19, said he wanted to admit to his wrongdoing and take responsibility for his actions. The images found on Frazer's computer were of pre-pubescent boys engaged in sexual acts with adult men.

Frazer's attorney, Randall Roberts, said his client was addicted to child pornography, but sought help through counseling. He also founded a therapy group for people with sexual addictions.

"He is grateful for his treatment and the support he has been able to give others," Roberts said at a sentencing hearing, where District Judge Camille Olguin of Grants ordered a 60-day evaluation on Frazer.

Frazer was sent to the Department of Corrections, where he underwent a psychological analysis over a 60-day period.

Assistant District Attorney Eric Morrow said the evaluation has been completed.

"We got an evaluation back on Frazer," Morrow said, adding that Judge Olguin has not set a sentencing date.

Krim is also awaiting sentencing in front of District Judge Thomas Hynes in Aztec.

Krim pleaded guilty Dec. 30, 2004, to one count of manufacturing and six counts of distributing child pornography. At that time, he requested the opportunity to be reviewed by a private psychiatrist prior to sentencing.

Hynes agreed, but later had to order the Krim's attorney to turn over the findings.

Morrow filed a motion asking for the findings in Krim's evaluation, which was done by Albuquerque psychiatrist Moss Aubrey.

Krim claimed some of his statements might be "privileged" information between doctor and patient.

In the motion, Morrow stated: "The understanding was that a private evaluation would be more thorough and helpful in understanding the defendant."

The prosecutor argued the information was not be "privileged," and the court agreed. Hynes signed an order that all reports about Krim must be turned over to the prosecution and court.

"We wanted a court order in place to say what was privileged," defense attorney Joe Romero said.

Hynes wanted the report to find out what made Krim "tick," because Krim had in his possession photographs and videos of girls, from baby to 12 years old, involved in sexual acts with adults, other children and animals.

"My client by his plea has accepted responsibility for downloading and viewing child pornography," Romero said. "He disputes any claim that he had an interest in ever touching a child. Hopefully the court can impose a fair sentence in this case."

Hynes said Monday that a sentencing date has not been set for Krim.

The judge also is handling the Carpenter case, which is in judicial limbo. Carpenter was arraigned in February on the charges and entered a plea of "not guilty."

The next step will be a pretrial conference in the near future.

_______________________________________________________________________________

Krim: Child porn a right

By Debra Mayeux

The Daily Times - September 4, 2004

FARMINGTON — A former college teacher is claiming it is his constitutional right to manufacture, possess and distribute child pornography.

But the San Juan County District Attorney's office has answered Joseph Krim's motion for dismissal saying "the defendant hides himself in the First Amendment, like a criminal running into a church in the 16th century and crying `Sanctuary.'"

Deputy District Attorney Eric Morrow recently filed the response to Krim's July motion to dismiss.

Krim is facing seven criminal counts related to child pornography — one of manufacturing, one of possession and five counts of distribution.

The charges are in connection with a March search of Krim's Farmington home, where Farmington Police investigators reportedly found thousands of images and videos of children involved in sexual acts with other children, adults and animals.

In his motion to dismiss, defense attorney Joe Romero of Albuquerque says the state cannot prove the children "portrayed in the digital images are in fact real children" performing "real sexual acts."

The attorney says without real children to take the stand as witnesses, Krim will not be able to face his accusers in court, and the DA will be unable to prove harm was done to anyone through the distribution of the images.

"According to the motion's rationale, if a pornographic movie were made using a 3-year-old girl who were to die of trauma during the production process, the video would be beyond the reach of the law," Morrow argued against Romero's statement.

The defense attorney also brought up the First Amendment rights of those simulating various acts for artistic merit insinuating no harm was done to actual children.

"Child pornography prosecution has been historically limited to materials portraying actual children performing sexual acts," the motion states.

Morrow says in his motion, the material is obscene whether real or "simulated," and the law criminalizes the images because of their obscenity.

"The state seeks to protect children from being used in child pornography," the motion states.

The district attorney believes it is up to a jury to decide the merit of the charges.

And Romero believes there is not an unbiased jury pool left in San Juan County. He has asked for a change of venue in the case claiming pretrial publicity in The Daily Times has prejudiced any possible jurors.

Krim remains in the San Juan County Detention Center awaiting a trial date.

_______________________________________________________________________________

More porn charges filed on Krim
By Debra Mayeux

The Daily Times - September 11, 2004

FARMINGTON — A former college teacher, who allegedly possessed, distributed and manufactured child pornography, was charged Friday with 24 additional counts of sexual exploitation of children.

The charges filed against Joseph Krim are third-degree felonies and deal specifically with the possession and distribution of child pornography, said Sgt. Ken Walker of the Farmington Police Department.

Krim was arrested in March after Farmington detectives searched his home and reportedly found thousands of images and videos of children under the age of 12 involved in sexual acts with other children, adults and animals. He was originally charged with seven counts of sexual exploitation of children and was removed from his teaching position at San Juan College.

Since the arrest, defense attorney Joe Romero of Albuquerque filed a motion to dismiss the original charges claiming it is Krim's Constitutional right to possess child pornography. He also stated in court records that the distribution of the images should be protected just like artists' works are protected under the First Amendment.

Romero claimed the images were not real but fabricated children and therefore artistic.

Assistant District Attorney Eric Morrow replied in another motion that the videos and images are not protected because of their obscenity level.

"The defendant hides himself in the First Amendment, like a criminal running into a church in the 16th Century and crying, `Sanctuary,'" Morrow wrote.

Krim also asked to be released from the San Juan County Detention Center through a lowered bond.

District Judge Thomas Hynes denied the request, and Sgt. Walker said the new charges leave Krim with no bond.

A hearing on all motions will be at 10:30 a.m. Oct. 13 in Hynes' courtroom.

_______________________________________________________________________________

Kid Porn Charges Increased for Former College Teacher
The Associated Press - September 12, 2004

FARMINGTON— A former college teacher accused of possessing and distributing child pornography has been charged with additional counts of sexual exploitation of children.

Joseph Krim was arrested in March after Farmington detectives searched his home and allegedly found thousands of images and videos of children under the age of 12 involved in sexual acts with other children, adults and animals.

Krim was originally charged with one count of manufacturing child pornography, a second-degree felony, and seven counts of sexual exploitation of children.

The 24 additional counts of sexual exploitation of children filed against Krim on Friday are third-degree felonies dealing specifically with the possession and distribution of child pornography, said Sgt. Ken Walker of the Farmington Police Department.

Krim was removed from his teaching position at San Juan College following his arrest.

Defense attorney Joe Romero of Albuquerque has claimed that the images were not real but fabricated children and, therefore, artistic.

He filed a motion to dismiss the original charges, claiming it is Krim's constitutional right to possess child pornography. He also stated in court records that the distribution of the images should be protected just as artists' works are protected under the First Amendment.

Assistant District Attorney Eric Morrow replied that the videos and images are not protected because of their obscenity level.

"The defendant hides himself in the First Amendment, like a criminal running into a church in the 16th Century and crying, 'Sanctuary,' '' Morrow wrote in a response to the motion.

Krim also asked to be released from the San Juan County Detention Center through a lowered bond. District Judge Thomas Hynes denied the request.

_______________________________________________________________________________

Photos analyzed in child-porn case

By Joline Gutierrez Krueger

Albuquerque Tribune - November 25, 2004

A former Albuquerque child-care worker collected hundreds of disturbing images of semi-clad children in sexual positions, but authorities say those weren't the photos he really liked.

Children, clothed, happy, playing - and possibly from three Albuquerque child-care centers - were the photos Farmington police said Joseph Krim used for his personal and perverted gratification.

"He indicated they aroused him," an arrest warrant affidavit filed in the San Juan County Magistrate Court this week states.

In all, Krim may have collected as many as 600 images of children, the affidavit states.

At least one Albuquerque child-care center director says she wants to see those photos to determine whether any of the children are hers.

"I've been waiting to hear from the police," said Dana Wheeler of Kids Country Club. "I'd like to get to the bottom of this, too."

Krim, 41, was arraigned Thursday in Farmington on seven counts of manufacturing, distributing and possessing child pornography.

A second search warrant was executed Friday at Krim's mobile home in Farmington. Detectives were also in Albuquerque on Friday investigating the case.

"I can tell you that it's an ongoing investigation and we are doing further investigations as we speak," San Juan County Deputy District Attorney Arlon Stoker said in a phone interview from Farmington.

Detective Frank Dart, lead investigator, was in Albuquerque on Friday and unavailable for comment.

Krim worked at Kids Country Club, 5555 Montgomery Blvd. N.E., intermittently from 1995 to 2000, Wheeler said.

No complaints or concerns about him were ever relayed to her, she said.

"If I had ever heard something, you can bet I would have done something about it," she said.

Krim had passed the required background check, she said.

Wheeler said she has not received phone calls from concerned parents since news of Krim's arrest broke this week.

Krim also worked at the Congregation Albert child-care center and at a now-defunct facility for employees' children at Lovelace Medical Center, according to the arrest warrant.

Lovelace spokeswoman Anne Monson said her facility has received no phone calls from concerned parents as of Friday.

"That surprises me," she said.

Calls to Congregation Albert, 3800 Louisiana Blvd. N.E., were not returned.

Criminal background checks and a screening of child protective services records all came back clean for each Albuquerque employer, said Matt Dillman, a spokesman for state Children Youth and Families Department.

Since August 2001, Krim has worked as an automotive technology instructor at the San Juan College in Farmington.

He came under scrutiny after Farmington police received a tip Feb. 3 from the National Center for Missing and Exploited Children about someone in the area uploading child pornography to a Yahoo group site.

A second tip was received Feb. 11, the affidavit states.

The more than 45 digital images and 15 videos depict girls from 2 to 12 in various sexual poses, some with men, the affidavit states.

One Internet group site that authorities suspect Krim maintained listed this invitation to join:

"As a member of this group, you will find what a teacher and preschool child does in those secluded spaces at the preschool classroom . . . the best place: the bathroom with a child at naptime."

Detectives executed a search warrant at Krim's mobile home March 26, where officers said they found a tin containing 90 photos of children.

Krim later told detectives some of those photos had been taken from the Kids Country Club, the affidavit states. It further states that Krim had more photos, possibly from the other Albuquerque child-care centers where he worked.

Though police say Krim admitted to collecting, creating and trading child pornography on the Internet, the photos he used most for his own sexual gratification were of clothed children obtained from "family sites" and the child-care centers, the affidavit states.

Krim also told detectives that although "actual contact" with children was the logical next step he would not do that.

He said he had been collecting child pornography since 1999, that he had not had a relationship with a woman since 1988 and that he was divorced and had a 17-year-old daughter who lives in Texas, according to the affidavit.

State District Court records indicate that his former wife filed for divorce in 1988 in Torrance County. He has no previous arrest record in New Mexico.

Krim had still been traveling to Albuquerque, his landlady told police, to pursue a miniature airplane hobby, the affidavit states.

He is scheduled for a hearing Wednesday and remains at the San Juan County Detention Center in lieu of $85,000 bail.

_______________________________________________________________________________

Krim porn charges will stand
By Steve Jahrling

The Daily Times - December 2, 2004

AZTEC — Judge Thomas Hynes denied a motion in District Court Wednesday to dismiss an additional 24 counts of child pornography distribution charges filed against Joseph Krim.

The motion to dismiss was filed by defense attorney Joe Romero of Albuquerque, who argued that the 24 charges, filed in addition to the seven that Krim has already been charged with, represented "vindictive prosecution" from Deputy District Attorney Arlon Stoker, who was prosecuting the case until he stepped down from the DA's office in late September.

Krim, 42, a former automotive instructor at San Juan College, was arrested and charged March 30 with distributing and manufacturing child pornography after a two-month investigation by the Farmington Police Department.

Hynes ruled that while there may have been a miscommunication between Romero and Stoker, there was no breaking of a deal because defense and prosecution "had not come to a meeting of the minds."

Romero and attorney Ronald Adamson argued that Stoker did make a deal — that if Krim waived his preliminary arraignment, where the prosecution's evidence and witnesses would be laid out, no further charges would be filed.

"I believed we had a deal," Romero told Hynes in a closing statement.

Romero argued that his client pleaded not guilty after waiving the preliminary because it was Romero's duty to make clear exactly what images were linked specifically to each of the seven counts. Plus, he said, it was his duty to his client to determine if the children pictured were actually real children performing the sex acts, and not video imagery that was technologically doctored to make it look real.

"Normally I never tell a client to waive their arraignment but in this case I did," Romero said.

Stoker disagreed that there was such a deal.

"If he waived the preliminary, we would have added more evidence resulting in more counts," Stoker said. "I never knew there was a misunderstanding."

The seven original counts, which include five counts of child pornography distribution, one count of manufacturing child pornography and one count of child pornography possession, were filed after police viewed hundreds of video and still images collected from two computer hard drives that Krim allegedly used. If convicted on the seven counts alone, Krim could face 25 years in prison.

Stoker added that because of the hundreds of images, "potentially you could file so many charges that the years would be infinite."

Current Deputy District Attorney Eric Morrow asked Romero if it was a typical practice of his to "memorialize" the details of such a reported agreement in a letter.

"It depends who you deal with," Romero replied, added that he had worked with Stoker for several years and was familiar with him.

The jury trial date for Krim is still set for Jan. 10 at the 2nd Judicial District Court in Albuquerque, Hynes said. The trial has been set for a Duke City venue because of concerns about case publicity and its potential effect upon local jury selection.

Krim is currently released on $85,000 bond from the San Juan County Detention Center, and remains under the supervision of the District Court's Pretrial Services.

_______________________________________________________________________________

Child porn charges filed
By Debra Mayeux

The Daily Times - December 11, 2004

FARMINGTON — A 38-year-old Farmington man was arrested Friday on more than 30 charges of child pornography.

Faron Grant Carpenter was charged with one count of second-degree sexual exploitation of children for allegedly manufacturing child pornography, one count of third-degree sexual exploitation of children for allegedly distributing child pornography and 31 counts of fourth-degree sexual exploitation of children for possessing child pornography, Farmington Police Detective Sgt. Steve Burch said.

The arrest came after an investigation by Detective Frank Dart, who received a tip from a confidential informant.

Dart said he obtained a Nov. 19 search warrant for Carpenter's Piñon Street home, where the pornographic material was reportedly found.

The material was "mostly females and the estimated age range is 3 to 12 years old," Burch said.

Carpenter should appear in Aztec Magistrate Court next week for a first appearance. His preliminary hearing will follow within a couple of weeks.

Carpenter's arrest is the second during 2004 of a local person accused of child pornography charges.

Joseph Krim, 41, of Farmington was arrested March 30 and charged with one count of manufacturing child pornography, a second-degree felony; five counts of sexual exploitation of children through distribution of child pornography, a third-degree felony; and one count of sexual exploitation of children through possession of child pornography, a fourth-degree felony.

_______________________________________________________________________________

Ex-Teacher Admits Having Child Porn
Albuqureque Journal - January 2, 2005

AZTEC— A former college teacher accused of possessing and distributing child pornography has pleaded guilty in the case.

Joseph Krim, 42, of Farmington was arrested in March after detectives searched his home and allegedly found thousands of images and videos of children under the age of 12 involved in sexual acts with other children, adults and animals.

Krim had faced 31 counts of distribution, manufacturing and possession, but Assistant District Attorney Eric Morrow said the plea agreement allowed for 24 counts to be dismissed.

Krim appeared Thursday before state District Judge Thomas Hynes.

"I printed a picture from my computer. I left it there at my house," Krim told the judge. "At different times ... I sent pornographic images to different people."

Hynes ordered a psychological evaluation and continued Krim's $85,000 bond, saying he would give the defense only 60 days to complete the evaluation.

Police initiated the investigation into Krim after receiving a tip from the Center for Missing and Exploited Children. Krim was removed from his teaching position at San Juan College following his arrest.

_______________________________________________________________________________

Former Farmington teacher sentenced to prison for child porn
Associated Press - August 30, 2005

AZTEC, N.M. (AP) - A former San Juan College teacher who pleaded guilty to child pornography charges has been sentenced to six years in prison.

Forty-two-year-old Joseph Krim was sentenced Monday by state District Judge Thomas Hynes in Aztec.

Krim says he never meant to hurt his family by possessing and manufacturing child porn.

Krim was arrested March 30th, 2004, after Farmington police searched his Farmington home and found thousands of images and videos of children involved in sexual acts.

Krim was removed from his teaching job at San Juan College following his arrest.

_______________________________________________________________________________

Sex Offender Registry - Bernalillo County Sheriff's Office

October 15, 2013

_______________________________________________________________________________

FAIR USE NOTICE

Some of the information on The Awareness Center's web pages may contain copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc.

We believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes.

For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml . If you wish to use copyrighted material from this update for purposes of your own that go beyond 'fair use', you must obtain permission from the copyright owner.

_______________________________________________________________________________

"Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it is the only thing that ever has."–– Margaret Mead

_______________________________________________________________________________