Case of Achi Ben Shalom
 |
| Assault, batter convictions against Achi Ben Shalom overturned |
Singer, Band Leader
Tel Aviv, Israel
Music Teacher, Tehiyah Day School - El Cerrito, CA
Coordinator - Bay Area Jewish Song Leaders Network
Director - East Bay Jewish Folk Chorus
Congregation Ner Tamid - San Francisco, CA
Tel Aviv, Israel
Music Teacher, Tehiyah Day School - El Cerrito, CA
Coordinator - Bay Area Jewish Song Leaders Network
Director - East Bay Jewish Folk Chorus
Congregation Ner Tamid - San Francisco, CA
Back in 2006, Achi Ben Shalom was arrested and convicted on charges of "lewd and lascivious acts" with a female student. Achi Ben Shalom taught Hebrew, T'Filah and Kabalat Shabbat at Tehiyah Day School.
In 2009, The First District Court of Appeal in San Francisco overturned Achi Ben Shalom's misdemeanor assault and battery convictions and granted him a new trial. Ben Shalom, who was acquitted of a felony molestation charge in the same trial, was sentenced to 90 days in jail for his convictions.
During Achi Ben Shalom's testimony, appellant vehemently denied that he ever intentionally touched Jane Doe’s breast. However, he admitted viewing sexually explicit websites involving young teen girls on his work computer and finding them “arousing.”(See court document below).
In 2009, The First District Court of Appeal in San Francisco overturned Achi Ben Shalom's misdemeanor assault and battery convictions and granted him a new trial. Ben Shalom, who was acquitted of a felony molestation charge in the same trial, was sentenced to 90 days in jail for his convictions.
During Achi Ben Shalom's testimony, appellant vehemently denied that he ever intentionally touched Jane Doe’s breast. However, he admitted viewing sexually explicit websites involving young teen girls on his work computer and finding them “arousing.”(See court document below).
____________________________________________________________________________________
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:
2006
- Achi Ben Shalom - Bio
- Adama - Music of The Jewish People (11/24/2006)
- El Cerrito teacher arrested in connection with lewd acts (11/20/2006)
- East Bay Teacher Arrested On Suspicion Of Molesting Student (11/20/2006)
- Molest charges for employee at small El Cerrito school (11/20/2006)
- Teacher Arrested on Suspicion of Molesting Female Student (11/20/2006)
- El Cerrito School Officials Shocked By Teacher's Molestation Arrest (11/20/2006)
- El Cerrito teacher arrested in connection with lewd acts: Police jail Tehiyah Day School instructor on suspicion of molesting student; free on bail, he denies 'all allegations'. (11/20/2006)
- News in brief from the San Francisco Bay area (11/21/2006)
- Day school teacher held in molest case (11/21/2006)
- El Cerrito - Day school teacher held in molest case (11/21/2006)
- Day school music teacher denies charges of lewd acts with student (11/24/2006)
- S.F. cantor makes the soundtrack of Shabbat (11/24/2006)
2007
- Area musician and teacher faces lewd act charge (02/27/2007)
- Trial to start in case alleging lewd acts (08/02/2007)
- Music teacher and showman Achi Ben Shalom not guilty of lewd act (08/24/2007)
-
Teacher acquitted in molestation case (08/24/2007)
- El Cerrito music teacher acquitted of molesting student (08/25/2007)
- Music teacher Achi Ben Shalom not guilty of lewd act, guilty of misdemeanor battery, assault (08/27/2007)
- Musician acquitted of lewd act, may still face jail (08/30/2007)
- Music teacher Achi Ben Shalom gets 90 days in incident with girl (09/22/2007)
- Musician’s lawyer promises to appeal jail sentence, probation (09/27/2007)
2008
- Musician gets ‘new start’ at Ner Tamid (06/27/2008)
2009
- Court Document (06/10/2009)
- El Cerrito teacher gets new trial in touch case (06/11/2009)
- Assault, batter convictions against El Cerrito teacher overturned (06/22/2009)
Also see:
____________________________________________________________________________________
Achi Ben Shalom - Bio
CD Baby
http://www.cdbaby.com/cd/achiben
Achi Ben Shalom is a teacher, musician, and a band leader. Born and raised in Israel, Achi studied guitar and taught music in Tel-Aviv, moved to the Bay Area in 1983 and continued teaching music and Jewish studies, and directing bands and choirs. He is currently the leader of the band ADAMA, the coordinator of the Bay Area Jewish Song Leaders Network, the director of the East Bay Jeiwsh Folk Chorus, as well as a full time music teacher. Achi's previous releases are "L'cha Dodi" and "Hanukah Alive". The album "Hebrew Love Songs" is his latest, and most imprtant release.
CD Baby
http://www.cdbaby.com/cd/achiben
Achi Ben Shalom is a teacher, musician, and a band leader. Born and raised in Israel, Achi studied guitar and taught music in Tel-Aviv, moved to the Bay Area in 1983 and continued teaching music and Jewish studies, and directing bands and choirs. He is currently the leader of the band ADAMA, the coordinator of the Bay Area Jewish Song Leaders Network, the director of the East Bay Jeiwsh Folk Chorus, as well as a full time music teacher. Achi's previous releases are "L'cha Dodi" and "Hanukah Alive". The album "Hebrew Love Songs" is his latest, and most imprtant release.
____________________________________________________________________________________
Adama - Music of the Jewish People
November 24, 2006
November 24, 2006
http://www.achibenshalom.com/index.html
~ADAMA~
We are a musical group dedicated to performing music of the Jewish people from around the world.
The band's styles include Klezmer, Ladino, Israeli, Middle Eastern, Yiddish, Hassidic, and contemporary American-Jewish songs. The band can also lead Israeli folk dancing.
~Achi Ben Shalom~
Who We Are
~Achi Ben Shalom~
Group's leader. Singer, guitarist, arranger, and the leader of the band.
~ADAMA~
We are a musical group dedicated to performing music of the Jewish people from around the world.
The band's styles include Klezmer, Ladino, Israeli, Middle Eastern, Yiddish, Hassidic, and contemporary American-Jewish songs. The band can also lead Israeli folk dancing.
~Achi Ben Shalom~
Who We Are
~Achi Ben Shalom~
Group's leader. Singer, guitarist, arranger, and the leader of the band.
____________________________________________________________________________________
El Cerrito teacher arrested in connection with lewd acts
By Karl Fischer
CONTRA COSTA TIMES, CA - November 20, 2006
A teacher at a small private school in the El Cerrito hills was jailed last week on suspicion of molesting a student, police disclosed over the weekend.Achi Ben Shalom, 52, of El Cerrito, posted $100,000 bail from County Jail in Martinez on Friday after his arrest the previous evening on suspicion of committing lewd acts on a child.
Detectives revealed few details of the case, both to preserve elements of the criminal investigation and to protect the privacy of the victim, who attends class at the close-knit Tehiyah Day School, which has about 200 students from kindergarten through eighth grade.
Police said a series of incidents at the campus spanning about one month made the student, a girl, progressively more uncomfortable until she confided in her mother, who immediately called police.
The incident that resulted in Ben Shalom's arrest occurred in his campus office after school hours, police said.
Reached Saturday by telephone, Ben Shalom said, "I deny all allegations." He did not want to elaborate without consulting an attorney.
Police have not yet brought their case to the Contra Costa District Attorney's Office for consideration of criminal charges.
Detectives quickly developed evidence corroborating the student's story, El Cerrito police Detective Don Horgan said, and arrested Ben Shalom at his home about 6:30 p.m. Thursday. Police also searched the house for additional evidence.
Police found no evidence that other students may have been molested, Horgan said, but continue to investigate. School officials notified all parents of the arrest Friday evening, police said, and assured them that their children were not at risk.
Tehiyah is a Jewish community day school in the 2600 block of Tassajara Avenue that teaches from a Judaic cultural perspective. School officials could not be reached during the weekend for comment.
According to the school's Web site, Ben Shalom has taught there since 1985 as Hebrew teacher, choir director and band leader. A native of Israel, he founded a band and has released three albums of Jewish music.
"My musical activities are geared toward creating the sense of belonging to the whole -- the community, as it supports us with our quest for a religious experience," Ben Shalom is quoted as saying in his biography on the site. "At the same time, I find ways through music to help us find our own unique voice."
Ben Shalom's own Web site includes information about his band, Adama, which plays at community events and weddings around the Bay Area. The site advertises a party for the release of his third album, "Hebrew Love Songs," at Ashkenaz in Berkeley on the night as his arrest.
Reach Karl Fischer at 510-262-2728 or kfischer@cctimes.com.
By Karl Fischer
CONTRA COSTA TIMES, CA - November 20, 2006
 |
| Achi Ben Shalom - Alleged sex offender |
Detectives revealed few details of the case, both to preserve elements of the criminal investigation and to protect the privacy of the victim, who attends class at the close-knit Tehiyah Day School, which has about 200 students from kindergarten through eighth grade.
Police said a series of incidents at the campus spanning about one month made the student, a girl, progressively more uncomfortable until she confided in her mother, who immediately called police.
The incident that resulted in Ben Shalom's arrest occurred in his campus office after school hours, police said.
Reached Saturday by telephone, Ben Shalom said, "I deny all allegations." He did not want to elaborate without consulting an attorney.
Police have not yet brought their case to the Contra Costa District Attorney's Office for consideration of criminal charges.
Detectives quickly developed evidence corroborating the student's story, El Cerrito police Detective Don Horgan said, and arrested Ben Shalom at his home about 6:30 p.m. Thursday. Police also searched the house for additional evidence.
Police found no evidence that other students may have been molested, Horgan said, but continue to investigate. School officials notified all parents of the arrest Friday evening, police said, and assured them that their children were not at risk.
Tehiyah is a Jewish community day school in the 2600 block of Tassajara Avenue that teaches from a Judaic cultural perspective. School officials could not be reached during the weekend for comment.
According to the school's Web site, Ben Shalom has taught there since 1985 as Hebrew teacher, choir director and band leader. A native of Israel, he founded a band and has released three albums of Jewish music.
"My musical activities are geared toward creating the sense of belonging to the whole -- the community, as it supports us with our quest for a religious experience," Ben Shalom is quoted as saying in his biography on the site. "At the same time, I find ways through music to help us find our own unique voice."
Ben Shalom's own Web site includes information about his band, Adama, which plays at community events and weddings around the Bay Area. The site advertises a party for the release of his third album, "Hebrew Love Songs," at Ashkenaz in Berkeley on the night as his arrest.
Reach Karl Fischer at 510-262-2728 or kfischer@cctimes.com.
____________________________________________________________________________________
East Bay Teacher Arrested On Suspicion Of Molesting Student
NBC11.com - November 20, 2006
A music and Hebrew teacher at a private Jewish day school in El Cerrito was arrested last week for alleged "lewd and lascivious acts" with a female student, according to El Cerrito police Commander Michael Regan.
Achi Ben-Shalom, 52, was arrested shortly before 6:30 p.m. Thursday at his home.
According to police, the charges stem from "a series of events" occurring at the Tehiyah Day School over a one-month period.
The allegations came to light when the victim told her family of the incidents, police reported. The alleged molestation occurred in Ben-Shalom's office after school hours.
According to Regan, police are continuing to investigate the allegations and are looking into whether there were any more victims.
Ben-Shalom was taken to the Martinez Detention Facility and held on $100,000 bail. According to a county jail official, Ben-Shalom has since posted bail and is no longer in custody.
Tehiyah Day School, located at 2603 Tassajara Ave., has over 300 students in kindergarten through eighth grade, according to the school's Web site.
Phone calls to school officials were not immediately returned.
Anyone with information regarding this case is asked to contact El Cerrito Detective Aaron Leone at 510-215-4422.
NBC11.com - November 20, 2006
 |
| Achi Ben Shalom - Alleged Sex Offender |
Achi Ben-Shalom, 52, was arrested shortly before 6:30 p.m. Thursday at his home.
According to police, the charges stem from "a series of events" occurring at the Tehiyah Day School over a one-month period.
The allegations came to light when the victim told her family of the incidents, police reported. The alleged molestation occurred in Ben-Shalom's office after school hours.
According to Regan, police are continuing to investigate the allegations and are looking into whether there were any more victims.
Ben-Shalom was taken to the Martinez Detention Facility and held on $100,000 bail. According to a county jail official, Ben-Shalom has since posted bail and is no longer in custody.
Tehiyah Day School, located at 2603 Tassajara Ave., has over 300 students in kindergarten through eighth grade, according to the school's Web site.
Phone calls to school officials were not immediately returned.
Anyone with information regarding this case is asked to contact El Cerrito Detective Aaron Leone at 510-215-4422.
____________________________________________________________________________________
Molest charges for employee at small El Cerrito school
Chronicle Staff Report
San Francisco Chronicle - November 20, 2006
EL CERRITO -- An employee at Tehiyah Day School in El Cerrito was arrested last week for allegedly molesting a female student over the course of a month, police said this morning.
Achi BenShalom, 51, allegedly molested the student in his office after school hours, El Cerrito police said in a statement. The charges "stem from a series of events" at the small Jewish school, Corporal Donald Horgan wrote in the release. Police became aware when the victim told family members, Horgan said.
BenShalom, of El Cerrito, was arrested on Nov. 16 at his home Horgan said, and held on $100,000 bail.
It was not immediately clear today whether BenShalom has posted bail. Officials at the Martinez Detention Facility, where most Contra Costa County suspects are taken, said this morning that they had no record of BenShalom.
The school serves about 300 children in kindergarten through eighth grade, according to its Web site.
El Cerrito teacher arrested in connection with lewd
acts: Police jail Tehiyah Day School instructor on suspicion of
molesting student; free on bail, he denies 'all allegations'
Contra Costa Times - August 20, 2006
By Karl Fischer
Nov. 20--A teacher at a small private school in the El Cerrito hills was jailed last week on suspicion of molesting a student, police disclosed over the weekend. Achi Ben Shalom, 52, of El Cerrito, posted $100,000 bail from County Jail in Martinez on Friday after his arrest the previous evening on suspicion of committing lewd acts on a child. Detectives revealed few details of the case, both to preserve elements of the criminal investigation and to protect the privacy of the victim, who attends class at the close-knit Tehiyah Day School, which has about 200 students from kindergarten through eighth grade. Police said a series of incidents …
EL CERRITO -- An employee at Tehiyah Day School in El Cerrito was arrested last week for allegedly molesting a female student over the course of a month, police said this morning.
Achi BenShalom, 51, allegedly molested the student in his office after school hours, El Cerrito police said in a statement. The charges "stem from a series of events" at the small Jewish school, Corporal Donald Horgan wrote in the release. Police became aware when the victim told family members, Horgan said.
BenShalom, of El Cerrito, was arrested on Nov. 16 at his home Horgan said, and held on $100,000 bail.
It was not immediately clear today whether BenShalom has posted bail. Officials at the Martinez Detention Facility, where most Contra Costa County suspects are taken, said this morning that they had no record of BenShalom.
The school serves about 300 children in kindergarten through eighth grade, according to its Web site.
____________________________________________________________________________________
Contra Costa Times - August 20, 2006
By Karl Fischer
Nov. 20--A teacher at a small private school in the El Cerrito hills was jailed last week on suspicion of molesting a student, police disclosed over the weekend. Achi Ben Shalom, 52, of El Cerrito, posted $100,000 bail from County Jail in Martinez on Friday after his arrest the previous evening on suspicion of committing lewd acts on a child. Detectives revealed few details of the case, both to preserve elements of the criminal investigation and to protect the privacy of the victim, who attends class at the close-knit Tehiyah Day School, which has about 200 students from kindergarten through eighth grade. Police said a series of incidents …
____________________________________________________________________________________
News in brief from the San Francisco Bay area
Associated Press - November 21, 2006
EL CERRITO, Calif. (AP) - A teacher at a small private Jewish school was arrested on suspicion of molesting a young female student over a one-month period, police said.
Achi Ben Shalom, 52, of El Cerrito, was free on $100,000 bail after being jailed Thursday evening on suspicion of committing lewd acts on a child. Ben Shalom denied the allegations.
Authorities said the girl's mother called police after her daughter described a series of alleged incidents that took place at the Tehiyah Day School, which has about 200 students from kindergarten through eighth grade.
Detectives said they would not reveal further details.
Ben Shalom has taught Hebrew at the school since 1985 and is choir director and band leader, according to the school's Web site.
Police found no evidence that other students were molested, El Cerrito police Detective Don Horgan said.
Associated Press - November 21, 2006
EL CERRITO, Calif. (AP) - A teacher at a small private Jewish school was arrested on suspicion of molesting a young female student over a one-month period, police said.Achi Ben Shalom, 52, of El Cerrito, was free on $100,000 bail after being jailed Thursday evening on suspicion of committing lewd acts on a child. Ben Shalom denied the allegations.
Authorities said the girl's mother called police after her daughter described a series of alleged incidents that took place at the Tehiyah Day School, which has about 200 students from kindergarten through eighth grade.
Detectives said they would not reveal further details.
Ben Shalom has taught Hebrew at the school since 1985 and is choir director and band leader, according to the school's Web site.
Police found no evidence that other students were molested, El Cerrito police Detective Don Horgan said.
____________________________________________________________________________________
El Cerrito School Officials Shocked By Teacher's Molestation Arrest
KTVU.com, CA - November 20, 2006
EL CERRITO -- The head of Tehiyah Day School in El Cerrito has issued a statement about the school's response to the news that one of its teachers was arrested last week for allegedly molesting a female student.
"We were completely shocked to hear of these charges and of course tremendously concerned for the well-being of the alleged victim and our students at large," Head of School Steve Tabak said in the statement.
Music and Hebrew teacher Achi Ben-Shalom, 52, was arrested shortly before 6:30 p.m. Thursday on suspicion of committing lewd and lascivious acts with a female student, police reported.
Tabak has said school officials didn't find out about Ben-Shalom's arrest or the investigation into his alleged misconduct until after the arrest. The school has since been working with police in their investigation, he said.
According to police, the charges against Ben-Shalom stem from "a series of events" occurring at the Tehiyah Day School over a one-month period.
The allegations came to light when the victim told her family of the incidents, police reported. The alleged molestation occurred in Ben-Shalom's office after school hours.
Ben-Shalom was taken to the Martinez Detention Facility and held on $100,000 bail. According to a county jail official, Ben-Shalom has since posted bail and is no longer in custody.
According to El Cerrito police Commander Michael Regan, police are continuing to investigate the allegations and are looking into whether there were any more victims.
Tabak said that in addition to working with police, the school, which has more than 300 students from kindergarten through eighth grade, would be providing resources to parents and faculty and doing everything they can to maintain normalcy for the students.
Tehiyah Day School, a private Jewish day school, is located at 2603 Tassajara Ave. in El Cerrito.
Anyone with information regarding this case is asked to contact El Cerrito Detective Aaron Leone at (510) 215-4422.
____________________________________________________________________________________
El Cerrito
Day school teacher held in molest case
by Marisa Lagos
San Francisco Chronicle - November 21, 2006
An employee at Tehiyah Day School in El Cerrito was arrested last week, accused of molesting a female student over the course of a month, police said Monday.
Achi Ben Shalom, 51, allegedly molested the student in his office after school hours, El Cerrito police said in a statement. The charges "stem from a series of events" at the small Jewish school, Cpl. Donald Horgan wrote in the release. Police were notified after the victim told family members, Horgan said.
Ben Shalom, of El Cerrito, was arrested on Nov. 16 at his home and held on $100,000 bail, Horgan said. It was not clear Monday whether he had made bail.
The school serves about 300 children in kindergarten through eighth grade, according to its Web site, which lists Ben Shalom as a music teacher.
Day school teacher held in molest case
by Marisa Lagos
San Francisco Chronicle - November 21, 2006
An employee at Tehiyah Day School in El Cerrito was arrested last week, accused of molesting a female student over the course of a month, police said Monday.
Achi Ben Shalom, 51, allegedly molested the student in his office after school hours, El Cerrito police said in a statement. The charges "stem from a series of events" at the small Jewish school, Cpl. Donald Horgan wrote in the release. Police were notified after the victim told family members, Horgan said.
Ben Shalom, of El Cerrito, was arrested on Nov. 16 at his home and held on $100,000 bail, Horgan said. It was not clear Monday whether he had made bail.
The school serves about 300 children in kindergarten through eighth grade, according to its Web site, which lists Ben Shalom as a music teacher.
____________________________________________________________________________________
Day school music teacher denies charges of lewd acts with student
By Joe Eskenazi
The Jewish News Weekly of Northern California - Friday November 24, 2006
Sexual misconduct charges filed against popular music teacher Achi Ben Shalom have left El Cerrito's Tehiyah Day School reeling and the 52-year-old musician adamantly denying any wrongdoing.
El Cerrito police arrested Ben Shalom and searched his home on Thursday, Nov. 16 after the parents of a female student filed a report earlier that week.
According to Ben Shalom, the police confiscated baby photos of his two teenaged children and all of his family's computers. Commander Mike Regan of the El Cerrito Police Department confirmed that Ben Shalom's computers had been taken.
Ben Shalom was arrested and charged with committing lewd and lascivious acts with a child; a release put out by the El Cerrito Police states the charges stem from an alleged "series of events" over a one-month period during after-school hours in Ben Shalom's Tehiyah office.
Ben Shalom was booked into the Martinez Detention Facility and left the next night after posting $100,000 bail. As of press time, El Cerrito police had not yet filed the case with the district attorney's office, which will ultimately determine if the case will be prosecuted.
An emotional Ben Shalom told j. the charges were "unusual and imaginary" and "completely manufactured."
"People should know I am innocent. I intend to prove that in court," he said.
Regan said there is no "physiological evidence" connecting Ben Shalom to the alleged crime, although he believes there "is the potential" for tangible evidence to surface beyond the accuser's claims.
Because of Tehiyah's small size — around 300 kindergarten through eighth-grade children — Regan was intentionally vague, describing the accuser solely as a female student. Regan would only say the alleged acts were of a "lewd and lascivious nature."
Steve Tabak, Tehiyah's head of school, issued a press release in which he stated, "Obviously our first concern is the well-being and safety of our children and families. In the coming weeks our focus will be on doing all we can to ensure normalcy for the students, providing resources to the school's parents and faculty, and working with the police."
School representatives said they're doing "everything possible to allay the concerns of the students, their parents and the faculty."
The Israeli-born Ben Shalom, who is currently suspended indefinitely from the teaching position at Tehiyah he's held since 1985, is a ubiquitous figure in the Jewish community, playing alone or with his band, Adama, at synagogues, lifecycle events or any venue that calls for Jewish music. He also has cut a number of albums and played and sung backup for other musicians.
He described his arrest as a painful and humiliating experience for his entire family. He said he returned home in the midst of the police search of his El Cerrito house, was handcuffed and arrested on the spot, then left standing in his driveway in full view of the entire neighborhood for roughly 20 minutes before being put into a squad car.
The arrest, Ben Shalom continued, came a week before his daughter's bat mitzvah. Also, one of the computers seized by police had his son's college application essays on the hard drive, with deadlines looming.
Ben Shalom's friends and colleagues have registered shock and disbelief at the charges.
"I've known him for many years and he's well-known and respected in the community. And he's worked closely with children for many years," said Daniel Matt, a professor and kabbalistic scholar. He said Ben Shalom is an "effusive Israeli" who often tussles a child's hair, pats them on the back or hugs them, which could have led to confusion.
"Our kids grew up together and we've been friends for years and this is unbelievable — not believable," said longtime friend Ezra Hendon.
"You know, these charges are easily made. I don't know the details of it, but I can't believe he'd be involved in anything like this. A charge like this, it's already screwed up his life."
By Joe Eskenazi
The Jewish News Weekly of Northern California - Friday November 24, 2006
Sexual misconduct charges filed against popular music teacher Achi Ben Shalom have left El Cerrito's Tehiyah Day School reeling and the 52-year-old musician adamantly denying any wrongdoing.
El Cerrito police arrested Ben Shalom and searched his home on Thursday, Nov. 16 after the parents of a female student filed a report earlier that week.
According to Ben Shalom, the police confiscated baby photos of his two teenaged children and all of his family's computers. Commander Mike Regan of the El Cerrito Police Department confirmed that Ben Shalom's computers had been taken.
Ben Shalom was arrested and charged with committing lewd and lascivious acts with a child; a release put out by the El Cerrito Police states the charges stem from an alleged "series of events" over a one-month period during after-school hours in Ben Shalom's Tehiyah office.
Ben Shalom was booked into the Martinez Detention Facility and left the next night after posting $100,000 bail. As of press time, El Cerrito police had not yet filed the case with the district attorney's office, which will ultimately determine if the case will be prosecuted.
An emotional Ben Shalom told j. the charges were "unusual and imaginary" and "completely manufactured."
"People should know I am innocent. I intend to prove that in court," he said.
Regan said there is no "physiological evidence" connecting Ben Shalom to the alleged crime, although he believes there "is the potential" for tangible evidence to surface beyond the accuser's claims.
Because of Tehiyah's small size — around 300 kindergarten through eighth-grade children — Regan was intentionally vague, describing the accuser solely as a female student. Regan would only say the alleged acts were of a "lewd and lascivious nature."
Steve Tabak, Tehiyah's head of school, issued a press release in which he stated, "Obviously our first concern is the well-being and safety of our children and families. In the coming weeks our focus will be on doing all we can to ensure normalcy for the students, providing resources to the school's parents and faculty, and working with the police."
School representatives said they're doing "everything possible to allay the concerns of the students, their parents and the faculty."
The Israeli-born Ben Shalom, who is currently suspended indefinitely from the teaching position at Tehiyah he's held since 1985, is a ubiquitous figure in the Jewish community, playing alone or with his band, Adama, at synagogues, lifecycle events or any venue that calls for Jewish music. He also has cut a number of albums and played and sung backup for other musicians.
He described his arrest as a painful and humiliating experience for his entire family. He said he returned home in the midst of the police search of his El Cerrito house, was handcuffed and arrested on the spot, then left standing in his driveway in full view of the entire neighborhood for roughly 20 minutes before being put into a squad car.
The arrest, Ben Shalom continued, came a week before his daughter's bat mitzvah. Also, one of the computers seized by police had his son's college application essays on the hard drive, with deadlines looming.
Ben Shalom's friends and colleagues have registered shock and disbelief at the charges.
"I've known him for many years and he's well-known and respected in the community. And he's worked closely with children for many years," said Daniel Matt, a professor and kabbalistic scholar. He said Ben Shalom is an "effusive Israeli" who often tussles a child's hair, pats them on the back or hugs them, which could have led to confusion.
"Our kids grew up together and we've been friends for years and this is unbelievable — not believable," said longtime friend Ezra Hendon.
"You know, these charges are easily made. I don't know the details of it, but I can't believe he'd be involved in anything like this. A charge like this, it's already screwed up his life."
____________________________________________________________________________________
S.F. cantor makes the soundtrack of Shabbat
by Joe Eskenazi
Jewish News weekly of Northern California, CA - November 24, 2006
by Joe Eskenazi
Jewish News weekly of Northern California, CA - November 24, 2006
Turn down the lights. Light up the candles. Take the challah out of the oven and uncork the Shabbat wine. It's Glassman time.
In "Journey to Shabbat," Congregation Sherith Israel's Cantor Rita Glassman has cut an album tracing the progression of a Kabbalat Shabbat service.
"This recording came about because we started at Sherith Israel a monthly service called `Journey to Shabbat' with more contemporary musical settings for the liturgy," explained Glassman.
"The music is contemporary and modern and it comes in many shapes and sizes and styles. For instance, some of the music might sound a little bit folky, some of it has jazz elements to it and some of it might be pop — one of the songs has a little touch of reggae."
For those of you who equate the synergy of the terms "Jewish music" and "contemporary" with those horrible show-tune parodies someone always drags out at Passover (a song called "Elijah" to the tune of "Maria" from "West Side Story," for example), worry not. The largely Hebrew lyrics and understated backing melodies are not part of a novelty act but a spiritual musical experience.
"The thing I think is important about Jewish worship is that we start at one point and end up at another point," said Glassman.
"I often tell my congregants that when you come to a Shabbat service, if you're not transformed in some way by the end of services, something hasn't happened that should have happened. What we want to accomplish here is to create something to help that transformation happen."
Glassman and her backup band — reed and mandolin player Mikel Estrin, percussionist Katja Cooper and guitarist and backup singer Achi Ben Shalom — chose an awfully spiritual place to record the album: beneath the famed dome of S.F.'s Sherith Israel.
The CD's 13 tracks were all recorded live from beginning to end at the temple before being polished a bit in the studio. Glassman and the band would have made life easier for themselves if they'd done the album from beginning to end in the sound booth, but they decided the inspiration of working in the main sanctuary was worth the extra effort (and at three five-hour sessions, that's a lot of extra effort).
"My co-producer said, `Don't you want to do this in the studio?' But no, I love the acoustics at Sherith Israel. Everyone talks about the beauty of the stained glass, but nobody talks about the acoustics. And that's where we sing and pray every week. I really wanted to capture the soul of the music in that room."
The synagogue is throwing a release party for Glassman's CD (her fifth, incidentally, and the first with only Jewish music) at 5 p.m. on Sunday, Dec. 3. Order forms for the $18 album can be located at the congregation's Web site, www.sherithisrael.org.
"The great contemporary Jewish philosopher Abraham Joshua Heschel said that the Sabbath is a palace in time," said Glassman. "I'd like to think this is the music to take people into the palace."
To RSVP for the CD release party for "Journey to Shabbat" at 5 p.m. Sunday, Dec. 3 at Sherith Israel, 2266 California St., S.F. call (415) 346-1720 ext. 18.
____________________________________________________________________________________
Area musician and teacher faces lewd act charge
by joe eskenaz
Jewish Weekly - February 27, 2007
Achi Ben Shalom, a fixture at El Cerrito's Tehiyah Day School since 1985 and a singer-musician at hundreds of Bay Area bar mitzvahs, has been formally charged with committing a lewd act upon a young, female former student.
The Israeli-born teacher and musician is charged with a single count of violating Section 288(A) of the California Penal Code, which covers lewd acts upon a child younger than 14.
"We waited until the information was presented to us and our investigation was complete before we filed charges," said Mark Peterson, deputy district attorney for Contra Costa County.
Peterson would not comment on whether there were any corroborating witnesses other than the young accuser, or whether the prosecution has any physical evidence against Ben Shalom. Commander Mike Regan of the El Cerrito Police Department told j. last month that he "did not believe" there was any physical evidence.
The deputy district attorney also would not answer questions about how long a prison sentence Ben Shalom is potentially facing, although documentation on the state's Web site regarding Section 288(A) states that "any person who willfully and lewdly commits any lewd or lascivious act ... with a child who is under the age of 14 years ... is guilty of a felony and shall be punished by imprisonment in the state prison for three, six or eight years."
His arraignment at Richmond Superior Court was scheduled for Thursday, Feb. 22, roughly three months after Ben Shalom was arrested at his El Cerrito home, and three weeks after the Contra Costa County District Attorney's office formally filed charges.
Ben Shalom, who has been on an administrative leave of absence from his position at Tehiyah since his arrest, voiced his innocence and insisted that any further comment be made by his lawyer, Harold Rosenthal. Rosenthal was in court this week and did not return j.'s calls.
The ongoing scandal has polarized the East Bay Jewish community — particularly those with Tehiyah ties — and has put Ben Shalom's detractors and supporters at odds (arguing over Internet message boards and even face-to-face).
"If you can imagine it, for the people who have known Achi forever, this breaks our hearts," said Estelle Frankel, a former Tehiyah parent, author and longtime friend of Ben Shalom.
"His reputation has been destroyed, and he was convicted in the court of public opinion before he was even charged with anything."
____________________________________________________________________________________
Trial to start in case alleging lewd acts
Jewish Weekly, San Francisco - August 2, 2007
The trial of former Tehiyah Day School music teacher and longtime Bay Area \ bar mitzvah entertainer Achi Ben Shalom is scheduled to start Monday, Aug. 6 at Martinez Superior Court.
Ben Shalom was arraigned in May in a case stemming from an arrest last November for allegedly committing lewd acts with a minor.
The teacher-entertainer, who is out on bail, has maintained his innocence since his arrest.
____________________________________________________________________________________
Music teacher and showman Achi Ben Shalom not guilty of lewd act
By Joe Eskenazi - staff writer
Jewish News Weekly of Northern California - Friday August 24, 2007
Achi Ben Shalom, a longtime music teacher at Albany’s Tehiyah Day School and a fixture at Bay Area bar mitzvahs was acquitted Wednesday, Aug. 22, of committing a lewd and lascivious act on a girl younger than 14.
However, the Israeli-born musician was found guilty of a count each of battery and assault — meaning that the jury found inappropriate touching did occur, though of a non-sexual nature.
“I definitely feel very relieved at the situation,” Ben Shalom told j. “It could have been much worse, of course.”
“I am trying to go back to my life.”
Just what that life will be, however, is yet to be determined. Ben Shalom acknowledged that he won’t even ask for his old job back at Tehiyah. And, though he was cleared of any sexually related wrongdoing, the stain of the accusation doesn’t figure to recede anytime soon.
When asked if Ben Shalom could reintegrate himself into the East Bay’s tight-knit Jewish community, his lawyer, Harold Rosenthal, replied “I don’t think it’s possible, quite bluntly.
“I think the stigma of all this will follow him around to some degree. That’s a tragedy, but that’s what happens.”
J. was unable to reach prosecuting attorney Colleen Gleason. While Rosenthal will ask for probation at Ben Shalom’s Sept. 14 sentencing hearing, he figures Gleason will fight him on this — she asked Ben Shalom be remanded into custody following Wednesday’s trial as a result of the battery and assault counts. Her request was denied.
Rosenthal said first-time offenders charged with assault or battery rarely get jail time, though the maximum sentence is up to a year for each count.
Ben Shalom was arrested in November of last year after a former student, now 11, charged that he touched her private parts on five separate occasions in his Tehiyah classroom starting Oct. 11 of last year.
Ben Shalom does not deny touching her stomach on one occasion — he said he was applying a massage technique to relieve a stomach ache — a technique that he used on his own two children.
Yet, in what Rosenthal believes was one of the keys to the acquittal, on one occasion when the accuser claims she was with Ben Shalom he was actually in Washington, D.C., on a school trip.
Ben Shalom does not currently have an income and said that he doesn’t know what he will do next, career-wise.
“I am worried in finding a job, especially with all the things that went on the Internet,” he said.
“I don’t plan to move away or anything. My option is to go on with my life as much as I can.”
____________________________________________________________________________________
By Joe Eskenazi
Jewish Weekly - August 30, 2007
Despite the fact that longtime East Bay musician Achi Ben Shalom
was acquitted of a lewd acts charge on a minor, the prosecutor said she
may still push to register him as a sexual offender and will argue for
jail time for his conviction of two lesser crimes.
Ben Shalom, a longtime music teacher at Tehiyah Day School in El Cerrito and a fixture at Bay Area bar- and bat mitzvahs, was acquitted Aug. 22 of committing a lewd and lascivious act on a girl younger than 14.
The Israeli-born musician was found guilty, however, of a count each of battery and assault — meaning that the jury found inappropriate touching of the child did occur, though of a non-sexual nature.
Contra Costa County District Attorney Colleen Gleason expressed disappointment at the verdict, and said she plans to ask for jail time at Ben Shalom's Sept. 14 sentencing hearing.
She also may attempt to have him registered as a sex offender, citing case law that mandates the perpetrators of non-sexual crimes such as residential burglary to register as sex offenders in outstanding circumstances; in the case she referenced, a man broke into a woman's home and stole her underwear.
In Ben Shalom's case, however, the jury specifically declined to convict him on sexual counts.
"She may try to have him registered as a sexual offender, but that's not appropriate. That's not what he was convicted of," said Harold Rosenthal, Ben Shalom's attorney.
Gleason had attempted to have Ben Shalom remanded into custody at the end of his trial in Martinez — a request denied by Contra Costa Superior Court Judge Leslie Landau.
Rosenthal said first-time offenders charged with assault or battery rarely get jail time, though the maximum sentence is up to a year for each count. Gleason admitted that jail time for offenses such as Ben Shalom's would be a rarity.
Ben Shalom was arrested in November of last year after a former student, now 11, charged that he touched her inappropriately on five separate occasions in his Tehiyah classroom starting Oct. 11 of last year.
Ben Shalom does not deny touching her lower abdomen on one occasion — he testified he was applying a massage technique that he used on his own two children to relieve a stomachache.
Gleason said the Internet browser history on Ben Shalom's work computer revealed that, following one of the alleged sessions, he visited a pornography Web site and read a story about two young teenagers having sex. Though the site was legal and in no way "child pornography," Gleason claimed the timing of the Web visit was significant.
"They tried to smear him on that since day one," Rosenthal said, "and the verdict clearly indicates the jury rejected this."
Ben Shalom doesn't deny visiting the Web site, but Rosenthal claims the teacher did so several hours after the student left his classroom, and, what's more, spent only 20 seconds or so on the site.
And, in what Rosenthal believes was one of the keys to the acquittal, on one occasion when the accuser claims she was with Ben Shalom he was actually in Washington, D.C., on a school trip.
"I definitely feel very relieved at the situation," Ben Shalom told j. after the verdict was reached. "It could have been much worse, of course.
"I am trying to go back to my life."
Just what that life will be is yet to be determined. Ben Shalom acknowledged that he won't even ask for his old job back at Tehiyah. And, though he was cleared of any sexually related wrongdoing, the stain of the accusation doesn't figure to recede anytime soon.
When asked if Ben Shalom could reintegrate himself into the East Bay's tight-knit Jewish community, Rosenthal replied, "I don't think it's possible, quite bluntly.
"I think the stigma of all this will follow him around to some degree. That's a tragedy, but that's what happens."
Ben Shalom does not currently have an income, and said that he doesn't know what he will do next for work.
"I am worried in finding a job, especially with all the things that went on the Internet," said the El Cerrito resident.
"I don't plan to move away or anything. My option is to go on with my life as much as I can."
Music teacher Achi Ben Shalom gets 90 days in incident with girl
By Henry K. Lee
Ben Shalom, a longtime music teacher at Tehiyah Day School in El Cerrito and a fixture at Bay Area bar- and bat mitzvahs, was acquitted Aug. 22 of committing a lewd and lascivious act on a girl younger than 14.
The Israeli-born musician was found guilty, however, of a count each of battery and assault — meaning that the jury found inappropriate touching of the child did occur, though of a non-sexual nature.
Contra Costa County District Attorney Colleen Gleason expressed disappointment at the verdict, and said she plans to ask for jail time at Ben Shalom's Sept. 14 sentencing hearing.
She also may attempt to have him registered as a sex offender, citing case law that mandates the perpetrators of non-sexual crimes such as residential burglary to register as sex offenders in outstanding circumstances; in the case she referenced, a man broke into a woman's home and stole her underwear.
In Ben Shalom's case, however, the jury specifically declined to convict him on sexual counts.
"She may try to have him registered as a sexual offender, but that's not appropriate. That's not what he was convicted of," said Harold Rosenthal, Ben Shalom's attorney.
Gleason had attempted to have Ben Shalom remanded into custody at the end of his trial in Martinez — a request denied by Contra Costa Superior Court Judge Leslie Landau.
Rosenthal said first-time offenders charged with assault or battery rarely get jail time, though the maximum sentence is up to a year for each count. Gleason admitted that jail time for offenses such as Ben Shalom's would be a rarity.
Ben Shalom was arrested in November of last year after a former student, now 11, charged that he touched her inappropriately on five separate occasions in his Tehiyah classroom starting Oct. 11 of last year.
Ben Shalom does not deny touching her lower abdomen on one occasion — he testified he was applying a massage technique that he used on his own two children to relieve a stomachache.
Gleason said the Internet browser history on Ben Shalom's work computer revealed that, following one of the alleged sessions, he visited a pornography Web site and read a story about two young teenagers having sex. Though the site was legal and in no way "child pornography," Gleason claimed the timing of the Web visit was significant.
"They tried to smear him on that since day one," Rosenthal said, "and the verdict clearly indicates the jury rejected this."
Ben Shalom doesn't deny visiting the Web site, but Rosenthal claims the teacher did so several hours after the student left his classroom, and, what's more, spent only 20 seconds or so on the site.
And, in what Rosenthal believes was one of the keys to the acquittal, on one occasion when the accuser claims she was with Ben Shalom he was actually in Washington, D.C., on a school trip.
"I definitely feel very relieved at the situation," Ben Shalom told j. after the verdict was reached. "It could have been much worse, of course.
"I am trying to go back to my life."
Just what that life will be is yet to be determined. Ben Shalom acknowledged that he won't even ask for his old job back at Tehiyah. And, though he was cleared of any sexually related wrongdoing, the stain of the accusation doesn't figure to recede anytime soon.
When asked if Ben Shalom could reintegrate himself into the East Bay's tight-knit Jewish community, Rosenthal replied, "I don't think it's possible, quite bluntly.
"I think the stigma of all this will follow him around to some degree. That's a tragedy, but that's what happens."
Ben Shalom does not currently have an income, and said that he doesn't know what he will do next for work.
"I am worried in finding a job, especially with all the things that went on the Internet," said the El Cerrito resident.
"I don't plan to move away or anything. My option is to go on with my life as much as I can."
____________________________________________________________________________________
San Francisco Chronicle - September 22, 2007
EL CERRITO - A former music teacher at a small Jewish school in El Cerrito was sentenced Friday to 90 days in Contra Costa County Jail for an incident in which a female student had accused him of sexual molestation. Achi Ben Shalom, 53, of El Cerrito also was placed on three years' probation by Superior Court Judge Leslie Landau in Martinez. Ben Shalom was acquitted by a jury last month of lewd and lascivious conduct with a girl but convicted of the lesser charges of assault and battery. On Friday, the judge dismissed the assault conviction on the grounds that Ben Shalom could not be convicted of two crimes for the same incident, defense attorney Harold Rosenthal said.
The girl testified that she had been molested last fall when she was 10 and turned 11. The Israeli-born musician testified that he had only massaged her stomach with a technique that he used on his children to ease aches, defense attorney Rosenthal has said. El Cerrito police arrested Ben Shalom in November for allegedly molesting the girl in his office after school hours. The criminal case stemmed "from a series of events" at Tehiyah Day School, police said at the time.
EL CERRITO - A former music teacher at a small Jewish school in El Cerrito was sentenced Friday to 90 days in Contra Costa County Jail for an incident in which a female student had accused him of sexual molestation. Achi Ben Shalom, 53, of El Cerrito also was placed on three years' probation by Superior Court Judge Leslie Landau in Martinez. Ben Shalom was acquitted by a jury last month of lewd and lascivious conduct with a girl but convicted of the lesser charges of assault and battery. On Friday, the judge dismissed the assault conviction on the grounds that Ben Shalom could not be convicted of two crimes for the same incident, defense attorney Harold Rosenthal said.
The girl testified that she had been molested last fall when she was 10 and turned 11. The Israeli-born musician testified that he had only massaged her stomach with a technique that he used on his children to ease aches, defense attorney Rosenthal has said. El Cerrito police arrested Ben Shalom in November for allegedly molesting the girl in his office after school hours. The criminal case stemmed "from a series of events" at Tehiyah Day School, police said at the time.
____________________________________________________________________________________
By Joe Eskenazi
Jewish Weekly - September 27, 2007
While former Tehiyah Day School music teacher Achi Ben Shalom was acquitted on Friday, Sept. 21 of lewd conduct charges with a former student, Martinez Superior Court Judge Leslie Landau sentenced him to 90 days in jail plus three years probation for a single misdemeanor count of battery.
Contra Costa County District Attorney Coleen Gleason was pleased with the sentence — especially the probationary terms not allowing Ben Shalom to spend time with any children but his own nor go near a schoolyard and mandating he attend counseling. Those reinforce "that [Ben Shalom] had a sexual intent" when he touched the 11-year-old. She referred to the sentence as "a wake-up call" to keep Ben Shalom from "re-offending."
Ben Shalom's attorney, Harold Rosenthal, described the sentence as "maddening." He feels that in handing down a punishment befitting a sexual offender — when the jury specifically declined to convict Ben Shalom of a sexual crime — Landau clearly overstepped her authority.
"I have a lot of respect for Judge Landau, but she couldn't have done anything that was more unjust and unsupported by the facts before her," he said.
"We have a system of trial by jury. Judges aren't free to simply decide they don't like what the jury has done and act as if the jury did something else."
Ben Shalom will remain free for the near future as the sentence is stayed pending appeal. Rosenthal promised to file his appeal sometime this week.
____________________________________________________________________________________
Teacher acquitted in molestation case
By Henry K. Lee
San Francisco Chronicle - August 24, 2007
A music teacher at Tehiyah Day School in El Cerrito has been acquitted of molesting a female student, but has been convicted of lesser charges of assault and battery.
Achi Ben Shalom,
53, of El Cerrito was found not guilty Wednesday of committing a lewd
and lascivious act on a girl younger than 14, a felony, after a jury
trial in Contra Costa County Superior Court in Martinez.
Jurors
convicted the Israeli-born musician of misdemeanor assault and battery,
indicating they believed there had been inappropriate nonsexual contact,
said defense attorney Harold Rosenthal. Ben Shalom is to be sentenced next month.
El Cerrito music teacher acquitted of molesting student
by Henry K. Lee, Chronicle Staff Writer
Saturday, August 25, 2007
(08-24) 15:04 PDT EL CERRITO - A music teacher at Tehiyah Day School in El Cerrito has been acquitted of molesting a female student but has been convicted of lesser charges of assault and battery.
Achi Ben Shalom, 53, of El Cerrito was found not guilty Wednesday of committing a lewd and lascivious act on a girl younger than 14, a felony, after a jury trial in Contra Costa County Superior Court in Martinez.
Jurors convicted the Israeli-born musician of misdemeanor assault and battery, indicating they believed there had been inappropriate nonsexual contact, said defense attorney Harold Rosenthal.
The girl testified that she had been molested last fall when she was 10 and turned 11. Ben Shalom testified that he had only massaged her stomach with a technique that he used on his children to ease aches, Rosenthal said.
Superior Court Judge Leslie Landau denied a request by prosecutor Colleen Gleason to have Ben Shalom taken into custody immediately. Ben Shalom is to be sentenced next month.
"I'm relieved," Ben Shalom said Friday. "I hope to pick up the pieces and go on with my life. I am looking for a job. I'm entering the world of event planning and coordinating events. That's my new field."
Ben Shalom said he doesn't plan to ask for his job back at the school. He said he still plays guitar with a band that performs Jewish music at "lifestyle events" such as bar mitzvahs.
El Cerrito police arrested Ben Shalom in November for allegedly molesting the girl in his office after school hours. The criminal case stemmed "from a series of events" at the small Jewish school, police said at the time.
____________________________________________________________________________________
Music teacher Achi Ben Shalom not guilty of lewd act, guilty of misdemeanor battery, assault
By Joe Eskenazi
Jewish Weekly - August 27, 2007
Achi Ben Shalom, a longtime music teacher at Albany's Tehiyah
Day School and a fixture at Bay Area bar mitzvahs was acquitted
Wednesday, Aug. 22, of committing a lewd and lascivious act on a girl
younger than 14.
However, the Israeli-born musician was found guilty of a count each of battery and assault — meaning that the jury found inappropriate touching did occur, though of a non-sexual nature.
"I definitely feel very relieved at the situation," Ben Shalom told j. "It could have been much worse, of course."
"I am trying to go back to my life."
Just what that life will be, however, is yet to be determined. Ben Shalom acknowledged that he won't even ask for his old job back at Tehiyah. And, though he was cleared of any sexually related wrongdoing, the stain of the accusation doesn't figure to recede anytime soon.
When asked if Ben Shalom could reintegrate himself into the East Bay's tight-knit Jewish community, his lawyer, Harold Rosenthal, replied "I don't think it's possible, quite bluntly.
"I think the stigma of all this will follow him around to some degree. That's a tragedy, but that's what happens."
J. was unable to reach prosecuting attorney Colleen Gleason. While Rosenthal will ask for probation at Ben Shalom's Sept. 14 sentencing hearing, he figures Gleason will fight him on this — she asked Ben Shalom be remanded into custody following Wednesday's trial as a result of the battery and assault counts. Her request was denied.
Rosenthal said first-time offenders charged with assault or battery rarely get jail time, though the maximum sentence is up to a year for each count.
Ben Shalom was arrested in November of last year after a former student, now 11, charged that he touched her private parts on five separate occasions in his Tehiyah classroom starting Oct. 11 of last year.
Ben Shalom does not deny touching her stomach on one occasion — he said he was applying a massage technique to relieve a stomachache — a technique that he used on his own two children.
Yet, in what Rosenthal believes was one of the keys to the acquittal, on one occasion when the accuser claims she was with Ben Shalom he was actually in Washington, D.C., on a school trip.
Ben Shalom does not currently have an income and said that he doesn't know what he will do next, career-wise.
"I am worried in finding a job, especially with all the things that went on the Internet," he said.
"I don't plan to move away or anything. My option is to go on with my life as much as I can."
____________________________________________________________________________________
Musician gets ‘new start’ at Ner Tamid
By Stacey Palevsky
Jewish Weekly - June 27, 2008
Achi Ben Shalom is moving forward.
Two years ago, Ben Shalom was accused and eventually acquitted of sexual misconduct, charges that cost him a job at Tehiyah Day School — where he worked for 20 years — and threatened his popularity as a musician at Bay Area bar mitzvahs and with his band, Adama.
Now, nearly a year after his acquittal, the 54-year-old has bounced back, and in May took over a newly created job as the marketing and program director at Congregation Ner Tamid, a Conservative synagogue in San Francisco.
Beverlee Hassid, co-president of Ner Tamid, said she and the congregation's board of directors were aware of Ben Shalom's case when they hired him, but have confidence in his character and work ethic.
"Being a Jewish community means that people get to have another chance," Hassid said. "I want him to have a new start in life. Congregation Ner Tamid is prepared to give him that."
Ben Shalom is grateful and excited for the opportunity. He echoed Hassid's sentiment, saying, "Leaving the past behind will be most helpful for me, the community and the future."
Ben Shalom was accused in 2006 of committing a lewd and lascivious act on a girl younger than 14. He was acquitted of that charge in August 2007; however, he was found guilty of assault and battery — meaning that the jury found inappropriate touching did occur, though of a nonsexual nature.
Since that time, Ben Shalom has worked as a freelance musician from his East Bay home, transcribing a variety of music, including several songs for a not-yet-published book about Jewish Renewal music.
Meanwhile, he diversified his résumé with a certificate in event and meeting planning from San Francisco State University.
He found his way to Ner Tamid when he began playing guitar and singing at the congregation's Kabbalat Shabbat services several months before being hired as its marketing and program director.
Ben Shalom's music and academic experience demonstrated to congregants and board members that he would be a welcome addition to their staff, Hassid said.
"He's such a hard worker, and so eager to learn and to do whatever it takes," she said.
Added Ben Shalom, "They were welcoming to me — it was a very easy transition. Immediately I felt at home."
The congregation's membership is aging, Hassid pointed out, which is partly why the board created Ben Shalom's position. His primary responsibility is to create and publicize programs for the area's young adult community in an effort to expand and revitalize the synagogue's membership.
Ben Shalom wants to support and promote existing programs, such as "Prayer Home Companion," a storytelling series Rabbi Moshe Levin modeled after Garrison Keillor's public radio show.
Ben Shalom has planned a tribute July 19 to Israeli folk music and dance. Later in the fall, he hopes to hold several classes and other educational opportunities.
"What I would like to do is turn Ner Tamid into a center of adult education, where people can come for classes and contemporary services," Ben Shalom said. "We want to have a little bit for everyone."
____________________________________________________________________________________
Court Document
Court of Appeals of the State of California - June 10, 2009
However, the Israeli-born musician was found guilty of a count each of battery and assault — meaning that the jury found inappropriate touching did occur, though of a non-sexual nature.
"I definitely feel very relieved at the situation," Ben Shalom told j. "It could have been much worse, of course."
"I am trying to go back to my life."
Just what that life will be, however, is yet to be determined. Ben Shalom acknowledged that he won't even ask for his old job back at Tehiyah. And, though he was cleared of any sexually related wrongdoing, the stain of the accusation doesn't figure to recede anytime soon.
When asked if Ben Shalom could reintegrate himself into the East Bay's tight-knit Jewish community, his lawyer, Harold Rosenthal, replied "I don't think it's possible, quite bluntly.
"I think the stigma of all this will follow him around to some degree. That's a tragedy, but that's what happens."
J. was unable to reach prosecuting attorney Colleen Gleason. While Rosenthal will ask for probation at Ben Shalom's Sept. 14 sentencing hearing, he figures Gleason will fight him on this — she asked Ben Shalom be remanded into custody following Wednesday's trial as a result of the battery and assault counts. Her request was denied.
Rosenthal said first-time offenders charged with assault or battery rarely get jail time, though the maximum sentence is up to a year for each count.
Ben Shalom was arrested in November of last year after a former student, now 11, charged that he touched her private parts on five separate occasions in his Tehiyah classroom starting Oct. 11 of last year.
Ben Shalom does not deny touching her stomach on one occasion — he said he was applying a massage technique to relieve a stomachache — a technique that he used on his own two children.
Yet, in what Rosenthal believes was one of the keys to the acquittal, on one occasion when the accuser claims she was with Ben Shalom he was actually in Washington, D.C., on a school trip.
Ben Shalom does not currently have an income and said that he doesn't know what he will do next, career-wise.
"I am worried in finding a job, especially with all the things that went on the Internet," he said.
"I don't plan to move away or anything. My option is to go on with my life as much as I can."
____________________________________________________________________________________
Musician gets ‘new start’ at Ner Tamid
By Stacey Palevsky
Jewish Weekly - June 27, 2008
Achi Ben Shalom is moving forward.
Two years ago, Ben Shalom was accused and eventually acquitted of sexual misconduct, charges that cost him a job at Tehiyah Day School — where he worked for 20 years — and threatened his popularity as a musician at Bay Area bar mitzvahs and with his band, Adama.
Now, nearly a year after his acquittal, the 54-year-old has bounced back, and in May took over a newly created job as the marketing and program director at Congregation Ner Tamid, a Conservative synagogue in San Francisco.
Beverlee Hassid, co-president of Ner Tamid, said she and the congregation's board of directors were aware of Ben Shalom's case when they hired him, but have confidence in his character and work ethic.
"Being a Jewish community means that people get to have another chance," Hassid said. "I want him to have a new start in life. Congregation Ner Tamid is prepared to give him that."
Ben Shalom is grateful and excited for the opportunity. He echoed Hassid's sentiment, saying, "Leaving the past behind will be most helpful for me, the community and the future."
Ben Shalom was accused in 2006 of committing a lewd and lascivious act on a girl younger than 14. He was acquitted of that charge in August 2007; however, he was found guilty of assault and battery — meaning that the jury found inappropriate touching did occur, though of a nonsexual nature.
Since that time, Ben Shalom has worked as a freelance musician from his East Bay home, transcribing a variety of music, including several songs for a not-yet-published book about Jewish Renewal music.
Meanwhile, he diversified his résumé with a certificate in event and meeting planning from San Francisco State University.
He found his way to Ner Tamid when he began playing guitar and singing at the congregation's Kabbalat Shabbat services several months before being hired as its marketing and program director.
Ben Shalom's music and academic experience demonstrated to congregants and board members that he would be a welcome addition to their staff, Hassid said.
"He's such a hard worker, and so eager to learn and to do whatever it takes," she said.
Added Ben Shalom, "They were welcoming to me — it was a very easy transition. Immediately I felt at home."
The congregation's membership is aging, Hassid pointed out, which is partly why the board created Ben Shalom's position. His primary responsibility is to create and publicize programs for the area's young adult community in an effort to expand and revitalize the synagogue's membership.
Ben Shalom wants to support and promote existing programs, such as "Prayer Home Companion," a storytelling series Rabbi Moshe Levin modeled after Garrison Keillor's public radio show.
Ben Shalom has planned a tribute July 19 to Israeli folk music and dance. Later in the fall, he hopes to hold several classes and other educational opportunities.
"What I would like to do is turn Ner Tamid into a center of adult education, where people can come for classes and contemporary services," Ben Shalom said. "We want to have a little bit for everyone."
____________________________________________________________________________________
Court Document
Court of Appeals of the State of California - June 10, 2009
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
____________________________________________________________________________________
El Cerrito teacher gets new trial in touch case
San Francisco Chronicle - June 11, 2009
A jury that convicted an El Cerrito music teacher in 2007 of illegally touching a female student should have been allowed to decide whether he thought he had her consent to give her a massage, a state appeals court ruled Wednesday.
The First District Court of Appeal in San Francisco overturned Achi Ben Shalom's misdemeanor assault and battery convictions and granted him a new trial. Ben Shalom, who was acquitted of a felony molestation charge in the same trial, was sentenced to 90 days in jail for his convictions, but has remained free during his appeal.
Ben Shalom, who taught at the private Tehiyah Day School, was arrested in November 2006 after the student accused him of sexually touching her in his office after school hours several times over two months before and after she turned 11.
He denied her allegation that he had touched her breast over her clothing or reached beneath her underwear. On one occasion, he said, when she complained of a stomach ache, he gave her a stomach massage, over her clothing, and a shoulder and neck massage. He acknowledged she was offended, but denied any sexual intent.
The Contra Costa County jury found Ben Shalom not guilty of sexual contact but convicted him of the lesser charges, defined by Superior Court Judge Leslie Landau as touching "in a harmful or offensive manner."
The appeals court said Wednesday that Landau should also have told jurors Ben Shalom had acted legally if the girl consented to being touched, or if he reasonably believed she had consented.
"We find no indication that the law intends to put a cloud of potential criminality over consensual, non-sexual affectionate touching between adults and children," said Presiding Justice Ignazio Ruvolo in the 3-0 ruling. If the jury had been able to consider Ben Shalom's defense, Ruvolo said, he probably would not have been convicted.
____________________________________________________________________________________
Assault, batter convictions against El Cerrito teacher overturned
Contra Costa Times - June 22, 2009
____________________________________________________________________________________
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.
____________________________________________________________________________________
No comments:
Post a Comment