Showing posts with label Ephraim Bryks. Show all posts
Showing posts with label Ephraim Bryks. Show all posts

Saturday, November 17, 2012

An Open Secret: Rabbi Heshi Nussbaum's abuse of boys in Toronto's Jewish community

An Open Secret: Rabbi Heshi Nussbaum's abuse of boys in Toronto's Jewish community
Canadian Broadcast Company - June 18, 2014





We hear a troubling story of a Toronto rabbi who assaulted young boys in his care and how --despite allegations and rumours in the Jewish community-- it took decades to bring him to justice.

The Current's Howard Goldenthal once knew the rabbi. He went on a journey to understand how the crimes could go unpunished for so many years. This is his documentary: An Open Secret.

We spoke with Heshi Nussbaum's lawyer. He passed on our request to interview his client, but Heshi Nussbaum said he did not want to participate in this documentary.

This segment was produced by The Current's Howard Goldenthal and Joan Webber.


For more information on the case of Rabbi Heshi Nussbaum

Tuesday, May 29, 2012

Rabbi Paysach Krohn is advocating to excommunicate bloggers who question rabbis

Rabbi Paysach Krohn is advocating to excommunicate bloggers who question rabbis (which sounds like cult behavior). Please note that rabbi Paysach Krohn has been enabling alleged sex offender "rabbi Ephraim Bryks for years. Bryks is Krohn's brother-in-law.





THE STORY THAT CONTINUES TO HAUNT OUR COMMUNITY: RABBI BRYKS TO BE SUBJECT MATTER OF EPISODE OF NEW DOCUMENTARY SERIES FOR VISION T.V.

FOR THE FIRST TIME EVER RABBI HENRY BALSER GOES ON THE RECORD RE: HIS ROLE IN THIS SAGA- READ IT HERE

By Rhonda J. Spivak, B.A., L.L.B.
Winnipeg Jewish Review - January 5, 2011
http://www.winnipegjewishreview.com/article_detail.cfm?id=667&sec=3


Rabbi Ephraim Bryks
The case of Rabbi Ephraim Bryks who has been dogged by allegations of sexual abuse against children, but never charged with a crime will be the subject matter of part of an episode in a documentary series currently being produced by Apocryphal Productions for Vision Television.
According to the  Jewish Week, [New York] June 29, 2010, "Rabbi Bryks, who was investigated by police in Winnipeg, on suspicion of inappropriate contact with children at Winnipeg’s Torah Academy where he was principal, resigned from the Orthodox Union’s Rabbinical Council of America in 2003 without admitting any wrongdoing. Bryks, "reached a negotiated agreement to leave the Rabbinical Board of Queens in the fall of 2009," as indicated in the Jewish Week.
"Rabbi Bryks, as principal of the Torah Academy in Winnipeg was found in 1988 to have tickled and hugged some students, but denied more serious charges of sexual molestation, according to press reports. While the more serious charges were not substantiated by an investigation by Winnipeg social workers, the substantiated contact was deemed inappropriate and the Winnipeg Child and Family Services agency recommended that the school adopt guidelines against such behavior,"according th the Jewish Week.

Noah Erenberg, producer of Winnipeg produced CBC documentary re: Rabbi Bryks case.
The school closed in 1991, about a year after Rabbi Bryks left Winnipeg.
Allan Levine in  his recent book “Coming of Age,” on p.420, refers to "the agency issuing a report that concluded that Bryks' behavior of having children sit on his lap while he tickled them was "neither appropriate nor professional",  but not illegal."
Rabbi Henry Balser
Tanya Fleet of Apocryphal Productions, who is researching visual material for the documentary series, told the Winnipeg Jewish Review that the series will consider “the issue of sexual abuse or allegations thereof pertaining to children in religious communities… The themes to be examined are why it is prevalent, why is it kept quiet, and what is now being done to try and stop potential abuse. We will talk to experts in the fields, activists, survivors and their families.”
According to Fleet, the series which is being produced by Christopher Sumpton and Robin Benger, will deal with these issues in the Catholic community, the Evangelical Christian community, as well as in Judaism and Islam.
The painful saga relating to Rabbi Bryks in Winnipeg will be part of an episode that will focus on orthodoxy in Judaism, and will also deal with the orthodox Jewish community in Brooklyn.
Torah Academy School Pre-Nursery, 1980 with Rabbi Bryks as principal.
Photo from Jewish Heritage Centre.
In 1993, after Rabbi Bryks moved to New York, a former student in Winnipeg accused him of having fondled him at the school when the student was 8, but prosecutors reportedly declined to file criminal charges, citing lack of corroboration. When the boy, Daniel Leven. at age 17, was asked to re-record a statement he had given earlier, he committed suicide.
Martin Levin [Daniel’s father] has been interviewed for the upcoming documentary series.
Levin, currently lives in Toronto and is the book editor of the Globe and Mail.
Former Winnipegger Alan Mendelsohn is the producer of the episode of the series relating to the Jewish community. Mendelsohn has previously worked at the CBC as a producer at The Journal.
Herzlia Adas Yeshurun Synagogue in Winnipeg, where Rabbi Bryks served, took down the plaques in his honour on the Tree of Life in the lobby of the synagogue in September, 2010. Herzlia's actions, close to 17 years after  Levin's suicide, occurred less than two months after members of the Jewish community in Winnipeg had a full opportunity to read the article by Adam Dickter, Assistant Managing Editor of the Jewish Week (New York), June 29, 2010 , which was posted in the latter part of July, 2010 on this website and elsewhere. To read this article click on Rabbi  Ephraim Bryks Leaves Rabbinical Board of Queens Under A  Cloud.

In the email sent to Herzlia membership days before Yom Kippur this past year, Dr. Earl Hershfield, President of the Board of Herzlia wrote:

 “In response to repeated requests, and after much deliberation, the Board of Directors of Herzlia – Adas Yeshurun has decided to remove all plaques on the Tree of Life in the Shul lobby dedicated in honour of [Rabbi] Ephraim Bryks”[emphasis added].
He also wrote “As a Shul, we have a responsibility to provide moral and ethical leadership for our community.”
In the same email, he wrote “In accordance with a recent resolution taken by the Rabbinical Council of America, Herzlia – Adas Yeshurun condemns all forms of abuse in the strongest terms. Policies and procedures are being developed by your Board to direct future action. Reporting suspected abuse to the appropriate authorities does not violate the Torah’s prohibition of mesirah (turning a fellow Jew over to a non-Jewish authority) or arka’ot (adjudicating cases in a secular court). We are obligated by Jewish law to do so as the concern for saving a life and respecting the law of land are paramount.”
Levine in  his recent book “ Coming of Age,” on p.420 writes that “Daniel Levin alleged that Bryks molested him." He further wrote "According to Sarah Levin, [Daniel’s mother] Bryks had given Daniel candy to keep him quiet and told him that God would punish him if he ever told anyone what had transpired. This threat of retribution was echoed by other children who came forward.”
A previous documentary was made on the case of Rabbi Bryks by CBC Television and produced by Noah Erenberg, a member of our Jewish community and a graduate of the Joseph Wolinsky class of 1982. The documentary was hosted by the late Danielle Keefler and aired nationally in February 1994.
Levine’s book says on page 421, “Attempts by Rabby Bryks to sue CBC and CNN, which also broadcast the documentary, were discontinued for lack of funds.”
Noah Erenberg's name is not mentioned in Levine's book on pages 419-421.
The Winnipeg Jewish Review has spoken to Rabbi Henry Balser who is now living in Florida.
Rabbi Balser told the Winnipeg Jewish Review “I almost broke into tears when I read [in the Winnipeg Jewish Review] that Herzlia Synagogue finally took down the plaques in honour of Rabbi Bryks.”
In his book, Levine writes on page 420 “Bryks was nearly hired to head a Jewish school in Montreal until parents there learned of the allegations in Winnipeg.”
Rabbi Balser told the Winnipeg Jewish Review that he was giving spiritual advice and comfort to a family who came to him, alleging their child had been molested by Rabbi Bryks.
Rabbi Balser told the Winnipeg Jewish Review that “the vice principal from the Montreal [school] contacted me on the advice of an orthodox Rabbi.”
Rabbi Balser said, “I relied not just on the word of the family that I spoke with. I also did some investigation of my own, and decided then that I was on solid ground in telling the Rabbi in Montreal that I would not  recommend Bryks.”
Rabbi Balser told the Winnipeg Jewish Review that he told the Montreal Rabbi this even though he feared potentially being sued by Bryks.
Balser also told the Winnipeg Jewish Review that he was thankful that Shaarey Zedek Synagogue backed him up and was willing to pay any related legal fees he may have had to incur in so doing.
The Winnipeg Jewish Review will report on further details of the upcoming documentary series to be aired on Vision Television in due course.

In his book on page 419, Levine writes that the "biggest controversy in the Herzlia's history-in fact, arguably the most controverisal matter in the annals of the Winnipeg Jewish community-involved Rabbi Bryk's..." [emphasis added].

 In his book on page 420  Levine refers to the Winnipeg-produced CBC television documentary about Bryks as "controversial."

Below is the article by  Adam Dickter in the Jewish Week.

See also: Rhonda Spivak's editorial of September 5, 2010.


RABBI EPHRAIM BRYKS LEAVES RABINICAL BOARD OF QUEENS UNDER A CLOUD
By Adam Dickter, Assistant Managing Editor The Jewish Week (New York)
June 29, 2010

[Reprinted with Permission]  A Queens rabbi who has been dogged by allegations of sexual abuse against children, but never charged with a crime, has reached a negotiated agreement to leave the Rabbinical Board of Queens in the fall, The Jewish Week has learned.

Rabbi Ephraim Bryks, who was investigated by police in Winnipeg, Canada, on suspicion of inappropriate contact with children at a yeshiva where he was principal, resigned from the Orthodox Union’s Rabbinical Council of America in 2003 without admitting any wrongdoing.

Sources told The Jewish Week that the Queens board, known as the Vaad Harabonim, had long sought to have Rabbi Bryks removed as allegations against him persisted but was advised by lawyers that doing so was complicated because there has been no formal legal or halachic proceeding against him. Rabbi Bryks has been a member of the Vaad since the early ‘90s.  Rabbi Yoel Schonfeld, co-president of the Vaad, would tell The Jewish Week only that “we reached an agreement with an individual that will take full effect in October.”

The October date, coming at the start of the new Jewish year, appears to coincide with the time when membership renewals are considered.

The board’s other president, Rabbi Richard Weiss, declined to comment and would not confirm or deny that the person involved in the agreement was Rabbi Bryks.

Last June, the same Vaad ordered Queens Pita, a bakery that it certifies kosher, to terminate the ownership interest of a man, Isaac Ebstein, who had pled guilty to abuse charges involving a 10-year-old boy. The bakery’s co-owner reportedly complied in order to maintain the kosher certification.

Rabbi Bryks has held leadership positions at two Queens yeshivas, but left for unspecified reasons. He now makes his living as a mortgage broker, has a blog seeking to field questions on halachic issues and is said to involve himself in marriage counseling, advocacy for women seeking religious divorces and in a rabbinical court, the Queens Beth Din, which he convenes with other rabbis.
Asher Lipner, a clinical psychologist who counsels sex abuse victims and, in a Jewish Week op-ed last week accused the Vaad of Queens of “protecting one of their own,” without mentioning Rabbi Bryks by name, said the Vaad had a responsibility to publicize the circumstances of Rabbi Bryks’ departure from the Vaad if it has to do with the past allegations.

“If the agreement was due to some other reason that is personal and does not affect the community and they are not telling anyone, that is fine with me,” said Lipner. “But if the reason the agreement was reached is because they suspect him of being a danger to the community, it’s their responsibility to let people know why they reached that agreement in order that he doesn’t join another organization.

“They gave a heksher and made this rabbi kosher,” Lipner continued. “If they are removing their heksher, they have to tell people he is not kosher. If they don’t, it leads to more people getting hurt.”
Religious organizations generally have a free hand in expelling members as they see fit, but must be careful how they do it, said Marc Stern of the American Jewish Congress, an expert on matters of religion and law.

“The internal workings of clergy organizations are beyond the scrutiny of the court,” said Stern. But he added that leveling a specific charge of illegal conduct against an individual in the process of severing ties to him could open the organization to legal action.

“Clergy are not exempt from slander suits or defamation,” said Stern. “In general, one of the reasons for throwing people out or taking action against a member of the clergy is to alert members of the faith that X’s conduct is not acceptable and they need to be aware.”

Rabbi Bryks did not respond to two messages left at his home or to e-mails sent via his blog and Facebook.

Rabbi Schonfeld said Rabbi Bryks was never involved in any kashrut certification work, a key function of the Vaad, and never held any leadership positions in the organization. In 2008, he was reported in the Jewish Star of Long Island to be acting as an advocate on behalf of a woman trying to obtain a religious divorce, with a notation that he was a Vaad member.

Rabbi Bryks’ resignation from the RCA after 25 years of membership came at the same time the group, at its annual convention, adopted policies and procedures to deal with allegations of sexual misconduct, The Jewish Week reported at the time. But the rabbi told the council’s leadership then that the resignation should in no way be taken as admission of wrongdoing. Since he was no longer working in Jewish education, he did not need to belong to a national rabbinical council, Rabbi Hershel Billet, then the council’s immediate past president, quoted Rabbi Bryks as saying then.

A Denver native, Rabbi Bryks, as principal of the Torah Academy in Winnipeg was found in 1988 to have tickled and hugged some students but denied more serious charges of sexual molestation, according to press reports. While the more serious charges were not substantiated by an investigation by Winnipeg social workers, the substantiated contact was deemed inappropriate and the Winnipeg Child and Family Services agency recommended that the school adopt guidelines against such behavior. The school has since closed.

In 1993, after Rabbi Bryks had moved to New York, a former student in Winnipeg accused him of having fondled him at the school when the student was 8, but prosecutors reportedly declined to press charges, citing lack of corroboration. When the boy, Daniel Leven, at age 17, was asked to re-record a statement he had given earlier, he committed suicide.

Thursday, April 15, 2010

Ask the "alleged" Pedophile - Rabbi Ephraim Bryks's New Web Page

WARNING: Rabbi Ephraim Bryks should be seen as a danger to both male and female children and adult women.

__________________________________________________________________________________

Ask the "alleged" Pedophile - Rabbi Ephraim Bryks's New Web Page

April 15, 2010 -- The Awareness Center was sent the following link which appears to be ran by rabbi Ephraim Bryks.  On his web page, there's a link where you can ask him questions.  Perhaps you may want to send him questions regarding his past alleged crimes which left lead at least one teenage victim to commit suicide in Canada (see link below).  The Awareness Center is also aware of more adult women who have been allegedly more recent of clergy sexual abuse.

__________________________________________________________________________________

BACKGROUND INFORMATION:
WARNING: Rabbi Ephraim Bryks and Marriage Counseling



Ephrayim Bryks has become a rabbinic marriage counselor. The term marriage counselor or life coach can be used by anyone. He is not the only "rabbi" suspected of sexual abuse using one of these titles to access vulnerable individuals or couples both here and in Israel. Consulting actual professionals is expensive and unless the community publicly warns against going to these charlatans (often worse) many innocents will continue to be hurt.
Sincerely,
Rabbi Yosef Blau

Rabbi Ephraim Boruch Bryks principal Yeshiva Berachel David Torah High School Queens, currently serves time as a member of the Vaad Harabonim of Queens (Rabbinical committee that makes important decisions within the community). As of today, there has been no public statement made concerning his decade long membership on the Vaad Harabonim of Queens. On May 27, 2003, he resigned his membership in the Rabbinical Council of America (RCA), after being involved for a quarter of a century.

Anyone with relevant information regarding the open case in Canada is encouraged to contact the Winnipeg Police at their main phone number: (204) 986-6037.

Anyone with relevant information in the United States is encouraged to contact their local police department and their local District Attorney's office, NYPD Switchboard: 646-610-5000 Queens District Attorney's office: 718-286-6000.
Rabbi Ephraim Bryks is originally from Denver, Colorado. In this case, accusations about his inappropriate behavior with children started surfacing in the 1980's. These accusations also included making sexual advancements to women in his congregation. When his alleged victims disclosed their experiences to a rabbinic leader in their community, they were basically told to keep silent. The rabbi advised them not to go to the police or child family services. He told them to deal with the allegations internally with the synagogue board. The children were not offered psychotherapy to help them cope with their alleged victimization. Unfortunately a teenager who didn't have the coping skills to deal with his memories ended up committing suicide.

Over the years Rabbi Ephraim Bryks has left a trail of alleged victims from such far-away places as Winnipeg, Canada. He is currently located in New York City. There are no documented cases or public information regarding any victims in New York, yet he has been let go by schools (one characterized as firing), but the schools will not discuss the matter.
For years alleged victims have been going to rabbinic leaders in their communities looking for guidance. For years rabbinic leaders have found it more important to protect an alleged sexual predator over protecting our children.
49 year-old Rabbi Ephraim Boruch Bryks will continue to run Yeshiva Berachel David in Queens until the end of the 2003 school year. No public statement has been made concerning his decade- long membership on the Vaad Harabonim of Queens. Rabbi Bryks was a member of the Rabbinical Council of America (RCA) for over a quarter of a century before his May 27, 2003 resignation. Ads in The Jewish Press indicate that Rabbi Bryks is currently working as a mortgage broker for a company he runs out of his home called REB International LLC.).

___________________________________________________________________________________

RABBI EPHRAIM BRYKS
http://www.rebtorah.com/
Rabbi Ephraim Bryks is a graduate of Ner Yisroel and Yeshiva Beis Hatalmud of Jerusalem. He has smicha (Rabbinic Ordination) in Yoreh Yoreh / Yodin Yodin from numerous Rabbonim and Gedolai Yisroel. He currently heads the Beis Din of Queens and is an active member in numerous Rabbinic organizations. He lectures on a weekly basis and is often consulted on matters of halacha especially hilchos Gitten and Choshen Mishpat.
As a Rov with many years of experience he also lectures on Sholom Bayis and helps couples resolve their marital issues. In cases of divorce Rabbi Bryks often acts as a mediator to resolve all the issues peacefully and amicably. Working with the legal system and the Batei Dinim he is also available to represent you on a Beis Din or Din Torah and be mesader the "Get" when the time comes.

___________________________________________________________________________________

ASK THE RABBI
http://www.rebtorah.com/asktherabbi.html
To submit your question to the Rabbi, please fill out the form below and simply click "Ask!" upon completion.
I respect your privacy. Should you choose to submit your question anonymously, I will respect your privacy and take the utmost care to ensure that your question is handled appropriately.

Tuesday, November 13, 2007

Case of Rabbi Lewis Brenner

Case of Rabbi Lewis Brenner
(AKA: Louis Brenner, Lipa Brenner, Lippa Brenner)
Brooklyn, NY
 
Convicted of child molestation.  The original charges included 14 counts of sodomy, sexual abuse and endangering the welfare of a child.  He agreed to plead guilty to one count of sodomy in the third degree, a Class E felony, in exchange for a sentence of five years' probation.
 
Prosecutors said Brenner had sexual contact with a youth he met in the bathroom of the temple they both attended. The molestations allegedly took place over a three-year period that ended in 1995 when the victim was 15 years old.
 
Note:  Rabbi Lewis Brenner's daughter Yochevad, is married to Rabbi Ephraim Bryks.  
If anyone has a photograph of Rabbi Lipa Brenner, please forward it to The Awareness Center.


 
CALL TO ACTION:  Contact Rabbi Paysach Krohn and Demand he stop promoting alleged child molester, Rabbi Ephraim Bryks. Remind him if another child is harmed that he could be held liable in a civil suit.
Rabbi Paysach Krohn, Certified Mohel
Toll Free: 866-846-6900
NY: 718-846-6900
 

 
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.
  1. Rabbis Trial Begins (07/12/2002)
Also see:  
  • Related Cases
    1. Case of Rabbi Ephraim Bryks

Retroactive Effect Given Megan's Law Fed'l, State Rulings Diverge, Judge Notes
New York Law Journal - March 14, 1997, Friday
BY CERISSE ANDERSON

A BROOKLYN rabbi who pleaded guilty to one felony count of sexual abuse must register as a sex offender under New York's version of Megan's Law even though the criminal act occurred before the law became effective and though he was sentenced to probation instead of jail time, a state judge has ruled.
 
Ruling yesterday in People v. Lewis Brenner, filed in Supreme Court, Kings County, Criminal Term Part AP F1, Acting Justice Charles J. Heffernan noted, after an extensive review of 15 opinions in 13 cases across the country which have considered whether Megan's Laws should be applied to all offenders retoactively, that "there is a marked divergence of opinion between federal and state courts."
 
An edited version of the decision will be published Monday.
 
Justice Heffernan said he agreed with the majority of state judges who have considered the issue that, when applied to Mr. Brenner, New York's Sex Offender Registration Act (SORA) was not punishment, since Mr. Brenner already had felt the sting of community rejection upon his arrest. Thus, he said, the retroactive application of the notification provisions of the law was not unconstitutional as a violation of the ex post facto clause of the U.S. Constitution.

Furthermore, the judge said, the Legislature intended the law to apply to offenders sentenced to probation as well as to those who serve prison time. But, he said, prosecutors had failed to produce evidence that would justify classifying the 65-year-old man as a Level 2 Risk which would require notification to law enforcement agencies and possible announcement to the community of his "approximate" address (based on his zip code) and criminal background.
 
A Level 1 Risk, a "low" risk of repeat offense, requires notification of his address and background only to law enforcement agencies.
 
The original Megan's Law requiring notification to law enforcement agencies, and in some cases the public, of a defendant's status as as previously-convicted sex offender was enacted in New Jersey after the molestation and murder of Megan Kanka by a released sex offender whose history was unknown in the neighborhood where he and the child lived. All the remaining states have since enacted child sex offender registration laws.
 
Shunned in Community
Last year, U.S. District Court Judge Denny Chin in Manhattan found the notification provisions of SORA amounted to punishment and thus were unconstitutional as an ex post facto law and permanently enjoined its retroactive enforcement in Doe v. Pataki, 940 F.Supp. 603 (appeal has been argued before the Second Circuit and is pending). Justice Heffernan, however, said he was unable to reach the same conclusion for Mr. Brenner.
 
"While four of the six state courts which have considered the issue have rejected such [retroactivity-related] challenges . . ., decisions in four of the six federal cases on point have espoused a contrary view, either directly or by pointed suggestion. Appeals in two of those cases are now sub judice before the U.S. Court of Appeals for the Second and Third Circuits," the judge noted in his 111-page opinion.
 
Justice Heffernan said he agreed with the analyses and holdings of the Supreme Courts of New Jersey and Washington State, the U.S. District Court for New Jersey and a state Supreme Court justice in Rochester, N.Y., all of whom rejected the contention that retroactive notification constituted punishment.

After conducting a hearing last October, the judge concluded that Mr. Brenner had been subjected to shunning within his Orthodox Jewish community (he had to resign from the temple he founded and received a letter threatening him unless he stayed off the block where his congregation was located), but "it would appear that defendant has been able to retain considerable stability in his life with limited exceptions." Justice Heffernan noted that Mr. Brenner had been accepted by another religious congregation despite knowledge of thecharges in the case.

"[Defendant] failed to demonstrate that the effects of any form of community notification, should it be authorized, would be appreciably beyond those which arose without such notification," he said. Thus there was no basis for a finding that the notification "would be an affirmative disability or restraint upon defendant."

Mr. Brenner had been charged with 14 counts of sodomy, sexual abuse and endangering the welfare of a child arising from sexual contact with the same youth whom he allegedly met in the bathroom of the temple they both attended. The sexual contact was alleged to have been committed over a three-year period until October 1995, when the then 15-year-old told authorities.

He agreed to plead guilty to one count of sodomy in the third degree, a Class E felony, in exchange for a sentence of five years' probation.

Mr. Brenner was represented by Marvin E. Schechter. The case was prosecuted for Brooklyn Assistant District Attorney Nancy M. Slater.


Court To Hear Sex Offender Registry Case - Case Could Affect Oklahoma Law
May 20, 2002
 
WASHINGTON -- The Supreme Court agreed Monday to consider a constitutional challenge to some registries of known sex offenders, the second case the court will hear involving lists meant to keep tabs on potentially dangerous sex criminals. 

The court said it will hear an appeal from Connecticut, where a federal judge struck down the state's sex offender registry last year. The judge found that the law violated the constitutional rights of past offenders, because their names were placed on the list without a chance to prove they are no longer dangerous to society. 

SEX OFFENDER REGISTRY
Is it unconstitutional? What do you think? 

The New York-based 2nd U.S. Circuit Court of Appeals agreed, and the registry is no longer publicly available. 

The case could affect more than 20 states, including Oklahoma, with similar laws requiring community notification based on the offender's record rather than an individual evaluation of his or her current likelihood to repeat the crime. 

A high court ruling against Connecticut could force states to hold separate hearings for sex criminals to assess whether their names, addresses or other identifying information will be made public.
All states have laws requiring some kind of list of sex criminals, but some provide the public with names of only those offenders deemed dangerous. Still other states have hybrid laws, making the names public in the cases of serious sex crimes, but taking a case-by-case approach when the crime is considered less egregious. 

The registry laws are usually called Megan's law, after Megan Kanka, a New Jersey girl raped and killed in 1994 by a neighbor who was a convicted sex offender. Her parents didn't know his history when he moved in across the street. 

The registries take conviction records already publicly available through police or court records, and compile them in one place. Information on Connecticut sex offenders is still publicly available on the old piecemeal basis. 

The Bush administration backed Connecticut in asking the Supreme Court to step in. 

"Megan's laws serve vital government interests by assisting law enforcement and enabling American communities to better protect themselves, and in particular their children," the administration's top Supreme Court lawyer wrote in court papers. 

Solicitor General Theodore Olson noted that federal law requires states to have a registry, or face a reduction in federal funding.

Twenty-three states and the District of Columbia also filed a friend-of-the-court brief backing Connecticut. 

The Supreme Court will hear the case in the term that begins next fall. 

The court will also hear a separate constitutional challenge to laws in about a dozen states that publish names, addresses or other personal information about convicted sex offenders on the Internet. The question in that case is whether such publicly available lists, which include names of people who long ago served their sentences, amount to unconstitutional double punishment for the same crime.
Connecticut's registry was also available over the Internet, but that factor was not the key to the case the high court agreed to hear Monday. 

The registry was created in 1998 and operated by state police. Users could search by town for lists of resident sex offenders. It listed the names, addresses and, in most cases, pictures of nearly 2,100 offenders. The Web site received 150,000 hits per month, state police said. 

Two anonymous sex offenders sued the state, claiming they are no longer a danger to society and should not be stigmatized. The men claimed the registry violated their constitutional right to fair treatment in the courts by denying them a chance to keep their names off the list. 

According to the Justice Department, laws similar to Connecticut's are in force in: Alabama; Delaware; the District of Columbia; Florida; Georgia; Illinois; Indiana; Louisiana; Maryland; Michigan; Mississippi; Missouri; New Mexico; North Carolina; Oklahoma; South Carolina; Tennessee; Texas; Utah; Virginia; West Virginia and Wisconsin. 

The case is Connecticut Department of Public Safety v. John Doe, 01-1231


Rabbi's trial begins
by Elaine Silvestrini- Freehold Bureau
Asbury Park Press (NJ) - June 12, 2002

FREEHOLD - Jury selection began yesterday in the case of a rabbi accused of sexually molesting two teen-age students while he was principal of Hillel High School in Ocean Township.

Rabbi Baruch Lanner, 52, of Fair Lawn is charged with two counts each of aggravated criminal sexual contact, criminal sexual contact and endangering the welfare of a child between 1992 and 1997.

Endangering the welfare of a child is the most serious of the charges, and it carries a maximum possible sentence of 10 years in state prison.

Lanner is being represented by a team of three lawyers, who also employed a jury consultant to sit with them in the courtroom during jury selection. The defense maintains that the two teens have motives to lie about Lanner because they blame him for setbacks in their education and their lives.
Superior Court Judge Paul F. Chaiet has granted permission to an out-of-state lawyer, Marvin E. Schechter, to represent Lanner, along with lawyers Julian Wilsey of Livingston and Tama Beth Kudman of Hackensack and New York.

The government's case is represented by a single assistant prosecutor, Peter Boser
Schechter, who is former president of the New York State Association of Criminal Defense Lawyers, has tried more than 100 cases and has been an adjunct faculty professor at Fordham Law School, according to court papers submitted by the defense.

He has lectured on topics, including "Sex Crimes - Defense Techniques" and "Voire Dire (jury selection) Techniques."

According to the New York Law Journal, Schechter represented Brooklyn Rabbi Lewis Brenner, who pleaded guilty to a charge of sodomy after being charged with 14 counts of sodomy, sexual abuse and endangering the welfare of a child.
 
According to the Journal, prosecutors said Brenner had sexual contact with a youth he met in the bathroom of the temple they both attended. The molestations allegedly took place over a three-year period that ended in 1995 when the victim was 15 years old, the Journal reported. Rabbi Brenner was sentenced to five years probation.
 
The Lanner investigation reportedly began after one of the victims' allegations were reported in New York Jewish Week in July 2000. The newspaper conducted an investigation that turned up abuse claims by 25 of Lanner's former students, most from the job he held before he came to Hillel High School in 1982.

Mindful that allegations of sexual abuse by clergy are a hot topic in the media, the judge yesterday assembled a larger-than-usual pool of 100 potential jurors and gave each jury candidate a questionnaire to complete. The jury candidates were then sent home and directed to return to court today.

Ordinarily in non-capital cases, jury selection is conducted differently, with oral questioning of potential jurors by the judge, who addresses his inquiries to a panel with directions for people to raise their hands if a question applies to them.

Among the questions contained on a three-page questionnaire given to jury candidates yesterday was, "Do the recent scandals of a sexual nature that are affecting the Catholic church have any bearing or affect your ability to be a fair and impartial juror?"

Potential jurors are also being asked their religious affiliation and whether they or any family members or friends have been the victim of sexual abuse or harassment.

While he did not screen the entire panel yesterday, Chaiet did excuse at least three jury candidates who felt they could not be fair because of the nature of the charges.

He also began hearing excuses from some jury candidates who felt they could not sit for the expected three-week trial. A total of 14 people were excused for hardships ranging from scheduled medical procedures to lack of income or scheduled trips.

The judge did not accept all excuses, and refused to release a physician, for example, who said he worked in a hospital and has patients and new residents coming in. Chaiet told the doctor his staff could fill in, and directed him to "take a seat" in the jury box.
Jury selection was set to resume this morning.


Tripping Up The Prosecution
By Stephanie Saul - Staff Writer
Newsday - May 28, 2003
Last in a series.
 
Former New Yorker Avrohom Mondrowitz has built a quiet, comfortable life as a college professor in Jerusalem.

The syllabus for his business administration course at Jerusalem College of Engineering is posted on the Web, along with his phone number.

Mondrowitz is living so openly, it's hard to believe the psychologist and self-styled rabbi is wanted for allegedly sexually abusing four Brooklyn boys, ages 10 to 16. The charges against him include sodomy.

"I don't want this hydra to lift its head again," said Mondrowitz, declining to discuss his 1985 indictment on 13 counts. Once the host of a radio program in Brooklyn, Mondrowitz will be arrested should he ever re-enter the United States, according to the office of Brooklyn District Attorney Charles J. Hynes.

But according to U.S. Justice and State department documents, Hynes' office approved a decision in 1993 to drop efforts to extradite Mondrowitz, a U.S. citizen who has been sheltered by the Israeli government since he fled the United States in 1985.

Michael Lesher, a New Jersey attorney who obtained the federal documents after years of research on the Mondrowitz case, said the decision to drop efforts to return Mondrowitz to the United States is an embarrassing one, considering the severity of the charges.

A spokesman for Hynes, Jerry Schmetterer, was at a loss to explain the decision.

"We don't know anything about the State Department closing its file," said Schmetterer, calling the federal records a "mystery."

"We have nothing in our files to indicate we ever made that decision," said Schemetterer, emphasizing that the Mondrowitz file is still kept in a prosecutor's desk in the event Mondrowitz ever returns from Jerusalem.

Escape to Israel is merely one of the factors that can hamper prosecution of alleged sex abuse in the Orthodox community.

Police and prosecutors find that victims of alleged sexual abuse in those communities are discouraged from coming forward.

Intense pressure is often brought to bear on complainants who bypass rabbinical courts -- the community's preferred method of settling disputes -- and instead go to secular authorities. Witnesses, who are often young, become fearful and wavering. And prosecutors face pressure from a community that votes as a cohesive block.

One woman, whose son was called to testify about an alleged instance of abuse, said that extraordinary pressure was placed both on her family and on the family of the alleged victim.
"I had rabbis coming by. They threatened we'll have curses in our family. It might sound silly to you, but it was very frightening," said the woman.

She said that rabbis supplied her with a statement from a psychologist who had never examined her son, saying he was not fit to testify.

In Brooklyn, with its large Hasidic community, police have been confounded by the outcomes of some cases they investigated involving the Hasidim.

At a loss to explain the cases, some cops in the 66th Precinct, which includes Borough Park, have shrugged their shoulders and paraphrased a line from the Jack Nicholson film "Chinatown" -- "Forget it, Jake, it's Brooklyn."

One of those who recalls making the remark was retired police Capt. William Plackenmeyer, who worked for many years in Brooklyn. "In Brooklyn, it almost seemed like there were two penal codes, one for the Hasidic community and one for everyone else," Plackenmeyer said.

But Hynes' office says decisions on prosecutions are made without regard to political considerations or community pressure.

"We prosecute sex crimes. We prosecute allegations of child abuse, sex abuse," said Schmetterer. "Trained investigators conduct these investigations and come to a conclusion. They make the decision."

The arrest of a popular rabbi in the Bobox Hasidic sect in January 2000 provides another example of the pressure that can be placed on those who complain to outside officials. In that case, a 9-year-old boy accused the Brooklyn rabbi, his tutor, of physically and sexually abusing him.

In the end, Hynes' office threw out all charges against Rabbi Solomon Hafner. Schmetterer said they were found to be baseless.

But before the case was resolved, the police assigned 24-hour protection to the complainant's family, according to a law enforcement source. The family had been threatened by members of the Bobov community, the source said.

"They excoriate the victim, they run them out of the community, they make sure the victim will never marry," said sociologist Amy Neustein, who, with Lesher, researched the Hafner case and frequently writes about domestic abuse in the Orthodox community and provided documents for this article.
The boy's family later moved from Brooklyn to the quieter Bobov community in Monsey. The family would not talk to Newsday, but a friend said the move was an effort to escape community pressure.
While Hynes' office was examining the boy's allegations, the Bobov community convened a rabbinical court, a bet din, to conduct its own investigation.

The child's uncle later complained that rabbis on the bet din had asked the family to sign a document saying the boy was crazy so that they could get the criminal case thrown out. Several members of the bet din either did not return calls from Newsday or declined to discuss the religious court's proceedings.

Meantime, according to the law enforcement source, Bobov rabbis appeared in Hynes office' to plead in Hafner's defense.

Hynes' spokesman Schmetterer would not confirm or deny that such meetings took place, but he said it is not unusual for Hynes' office to meet with community leaders on cases.

After the bet din decision, the five-member panel posted notices throughout Borough Park clearing Hafner. "Rabbi Hafner's comportment with [the child] has been in complete accordance with both Torah law and the law of the land, and a parent should not hesitate to engage Rabbi Hafner as a tutor for his/her child."

With intense pressure from the community common in such cases, families also come under indirect pressure not to go public with their cases.

The social stigma attached to being the victim of sexual abuse in the general public is magnified within the Hasidic community, sources said, so much so that Hasidic victims can find it difficult to marry within the community.

And, as with sex-abuse allegations generally, parents fear causing further psychological damage to their children by placing them on the stand.

In 1995, for instance, Hynes' office charged Rabbi Lewis Brenner with repeatedly sexually abusing a boy starting in 1992 and ending in 1995, when the boy, then 15, told police. Among other places, the alleged encounters occurred in the bathroom of the rabbi's Brooklyn temple.

In a statement to the court, the boys' devastated parents said he could not even attend school, he was so troubled by "a raging cyclone of hate."

"Our son is with us physically today, but his self-respect, dignity and sense of worth were stolen from him at the tender age of 12," the boys' parents said. "Do you realize that you destroyed a world and our family, Mr. Brenner? You have stolen from our son the very essence of his life, his hopes, dreams and aspirations for the future."
 
The charges against Brenner initially included 14 counts, including sodomy, sexual abuse, and endangering the welfare of a minor. But a plea agreement whittled the charges down to one felony, stunning a Brooklyn judge.
 
"Given the nature, gravity and frequency of the sexual contact alleged in the felony complaint, this court was surprised by the People's plea offer and requested of the prosecutor a statement why it was forthcoming," said acting Supreme Court Justice Charles J. Heffernan in a court ruling.

The district attorney's office told the judge that the boy's family agreed to the plea bargain ... Recently, an official of the district attorney's office said the family did not want to go through with a trial.

The plea arrangement left Brenner a free man -- he got 5 years probation.
Brenner is the father-in-law of Ephraim Bryks, a Queens rabbi who was the subject of a story in Newsday on Tuesday.

Two teenagers told Canadian police years ago that Bryks abused them when they were youngsters. Bryks has never been charged with a crime and has denied the allegations.
After Brenner's plea deal, he asked the court to exempt him from the sexual abuse registry on grounds that his behavior occurred before the law was passed.
Heffernan refused.


 
Rabbi Paysach Krohn, Rabbi Lipa Brenner and Alleged Sex Offender Rabbi Ephraim Bryks
The Awareness Center - November 12, 2007

The following article was written by Rabbi Paysach Krohn, and is about convicted sex offender, Rabbi (Lewis) Lipa Brenner. While reading the article remember that Rabbi Ephraim Bryks's wife is Rabbi Lipa Brenner's daughter; and Rabbi Paysach Krohn is married to Rabbi Ephraim Bryks's sister.
It's a known fact that Rabbi Paysach Krohn has a long history of protecting those who allegedly, perpetrate crimes against children. An example of this is the fact that to this day he still helps his brother-in-law, Rabbi Ephraim Bryks get speaking engagements.

In the book "Around The Magid's Table", Rabbi Paysach Krohn portrays Rabbi Brenner as a righteous man even though he was being accused as being a child molester at the time. When Artscroll learned that Rabbi Brenner was barred from Yeshiva Torah Vodaas because of his sex crimes, they removed the story from later editions of the book. Back in the 1990's rumors circulated that Krohn new about the allegations when he published his book, yet decided to ignore them.

The original charges against Rabbi Brenner included, 14 counts of sodomy, sexual abuse and endangering the welfare of a child.  Brenner agreed to plead guilty to one count of sodomy in the third degree, a Class E felony, in exchange for a sentence of five years' probation.

Prosecutors said Brenner had sexual contact with a youth he met in the bathroom of the synagogue they both attended. The molestation's allegedly took place over a three-year period that ended in 1995 when the victim was 15 years old.

On June 24, 2007, both Rabbi Paysach Krohn and Rabbi Ephraim Bryks presented at a Shabbaton (weekend retreat)

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CALL TO ACTION:  Contact Rabbi Paysach Krohn and Demand he stop promoting alleged child molester, Rabbi Ephraim Bryks. Remind him if another child is harmed that he could be held liable in a civil suit.
Rabbi Paysach Krohn, Certified Mohel
Toll Free: 866-846-6900
NY: 718-846-6900
_______________________________________________________________
By Rabbi Paysach Krohn
Published by Art Scroll (1989, 1990, 1991, 1992)
718-921-9000
Children's Children.
Family Life, Page 97 - 101

Being a rav in a small town, far from any city with a large Jewish population, is often a lonely and thankless job. True, there is much to accomplish, but the challenges which need to be overcome on the way to building a day school, solidifying a minyan of shomrei Shabbos (Sabbath observers), or convincing people to uphold and maintain standards of kashrus and family purity always seem to be uphill struggles. More often than not, a rav in an area with a limited number of Jewish inhabitants gets the feeling that the Jews he is dealing with are simply not on the same wave length as he is.
One such rav was R' Lipa Brenner, who had been inspired to enter the rabbinate by his mentor in Yeshiva Torah Vodaath, R' Shraga Feivel Mendlowitz (1886-1948). After a few years of serving as a rabbi and principal in a small town in New Jersey, R' Lipa was becoming exasperated. The local baalei battim (laymen) were not cooperating with him in his endeavors, and R' Lipa's accomplishments seemed to dim with every passing year. Meanwhile to add to his dilemma, business opportunities beckoned from New York. Aside from the potential financial security that was so alluring, Lipa might finally have the opportunity to provide his children with the chinuch (education) that he felt was proper and essential.

In a quandary as to whether or not to leave the rabbinate, he decided to travel to Eretz Yisrael (Israel) and seek the advice of Vizhnitzer Rebbe, R' Chaim Mayer Hager (1898-1972). R' Lipa obtained his tickets and passport, and made the trip. However upon his arrival he was informed that the Rebbe was preparing to leave for Lugano, Switzerland, and would receive no more visitors before his departure. And so R' Lipa followed him to Switzerland.

In Lugano, R'Lipa made his way to where the Rebbe was staying. He waited his turn to see the Rebbe and, when he was finally ushered in, the Rebbe asked R'Lipa to sit beside him at his table. Seated across the table was another rav from Tel Avivi. After a few moments the rebbetzin came in with a glass of hot tea for her husband. Before she could even put the tea on the table, the Rebbe gently admonished her and said, :Please bring two more glasses of tea. We are three rabbanim here about to have a discussion."

R' Lipa was astounded. The Rebbe had referred to him as a rav, and talked of him as though he were a peer. R' Lipa trembled as he realized the significance of the title the Vizhnitzer Rebbe had inadvertently bestowed on him. But perhaps it wasn't inadvertent? Did the Rebbe know that he was thinking of leaving the rabbinate? R' Lipa never bothered to find out. Then and there he resolved his own conflict. He would retain his position as rav.

***
 
That winder, back in New Jersey, R' Lipa received a call from the head of a nearby children's s foster home. This woman told him that five Jewish boys had been placed in her care. "School registration is coming up soon, and I feel that the boys should be given some background in Jewish culture," she said. "I am Jewish, although not religious, " she continued, somewhat apologetically, " and I just can't see sending these five children to a regular public school." She asked R' Lipa if he could find places for the boys in his day school. At least in a Jewish environment they would get to know something about their heritage." She went on to explain that the foster home could not pay any tuition because its budget covered only room and board. The children in the home were supposed to attend public school, which was free. As if to reinforce her point, she then added, "And don't think for a moment that any of these children's parents left us any money for parochial schools!"

R' Lipa realized that this was an opportunity to perform spiritual hatzalas nefasho (saving of lives). Tuition at the time was one thousand dollars per child, but maybe if he spoke to the members of the Board of Directors they would be willing to foot the bill for these children. He tried, but had no luck. As a matter of fact, the Board members were totally opposed to his idea. "Our school is not a charity organization," on of them said. "If neither the parents of the children nor the foster home will contribute at all towards their tuition, then we won't accept them. Finished."

The young rav was incensed. True, it wouldn't be easy for the school to absorb the cost of education additional boys, but it was the attitude of the Board members that enraged him. "They shouldn't be pushing away problems," he thought, "They should tackling them head on!"

R'Lipa thought about the situation for a day and then came back to the Board with his mind made up. "I won't allow these boys to fall by the wayside," he declared. "if the director of the foster home was considerate enough to contact us, it would be a chillul Hashem (disgrace of Hashem's Name) not to respond affirmatively to her suggestions. I will consider these children as my own and assume responsibility for paying their tuition." The Board members were stunned but silent, and the next day the five boys were enrolled in the town's Hebrew Day School.

R'Lipa had no idea from where he would get the money. Already he was raising funds for the shul, the school, the mikveh and the chevra kaddisha. But he persisted in his search, all the while taking a special interest in these children.
One day he made an appointment with a wealthy woman who headed a prestigious store downtown. She hadn't been known for her charity in the past, but he felt that perhaps of the plight of these five boys would awaken within her a sense of sympathy. Miraculously it did, and by the time "R'Lipa walked out of her office he had with him a check for five thousand dollars -- the amount to necessary to cover the entire year's tuition bill for the boys.
****
The school year progressed as the boys advanced, each at his own pace. At year's end one of the five was reunited with his family, two remained in the day school, and two brothers, having made significant strides in their studies, were encouraged by R'Lipa and another teacher to enter fine yeshivos in New York.

The next year R'Lipa left New Jersey and eventually lost contact with the people there

****
 
More than two decades later, R' Lipa was visiting in the Matterdorf section of Jerusalem. It was Shabbos afternoon and dozens of children were playing in the streets. , which are cordoned off until nightfall. Suddenly a bearded young man came running over to R' Lipa, yelling, "Rebbe!!" R'Lipa turned around, but did not recognize anyone. "Rebbe,", the young man said, smiling, "you are R' Brenner, aren't you? You probably don't recognize me anymore. I went to your school back in New Jersey more than twenty years ago. come with me," the young man said warmly. "I want to introduce you to your grandchildren."

The young man took R' Lipa by the hand and brought him to where his wife was watching their children playing. (something in hebrew) -- Anyone who teaches Torah to a child of at his friend, it's as though he gave birth to him," said the young man, citing the Talmudic text (Sanhedrin 19b). "Thus, if I am your child, these are your grandchildren."
 
The young man was indeed one of the five from the foster home in New Jersey. R' Lipa had seen to it that he attend the Mirrer Yeshiva in New York, and from there the young man went on to become an outstanding talmid chacham. R'Lipa had all but forgotten him, but the young man had remembered him. The face of his mentor had been etched in the child's memory forever.


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Last Updated:  11/13/2007

"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

Thursday, November 01, 2007

Rabbi Ephraim Bryks: "Unorthodox Conduct"


The Awareness Center, Inc. is providing the documentary "Unorthodox Conduct" in the memory of Daniel Levin.

Our hopes is that it will be used as a way to educate the public on the devistating ramifications a case can have on an individual, family and in Jewish communities around the world. It's important to know what happens when a case of "alleged" childhood sexual abuse in the Jewish community is not dealt with properly from the beginning (bringing the case to law enforcement who is trained and educated in dealing with these cases).

Our hopes is that after you view this documentary that you will go to your rabbis and other community leaders and demand that there be changes made when a child makes allegations they were sexually abused/assaulted. We cannot afford for there to be anymore cover-ups when there are allegations that a child has been molested. We cannot afford to let one more child die. Our hopes is that not one more child will feel so desperate that they will take their own lives, as Daniel Levin did.

Please note: The Investigative documentary: "Unorthodox Conduct"contains graphic information regarding the case against Rabbi Ephriam Bryks. It was produced in 1994 by Canadian Broadcasting Corporation.

Thursday, December 18, 2003

PRIMROSE PATH: Book About The Case of Rabbi Ephraim Bryks

Libel chill leaves children's author feeling censored OPINIONS / Carol Matas's novel about a Jewish school and a child-abusing rabbi touched a nerve in Winnipeg. A synagogue cancelled her appearance amid threats of litigation.
By Marc Hubert
The Globe and Mall (Toronto) - December 19, 1995 
For more information on this case: CLICK HERE
FALLOUT from a high-profile investigation of child-abuse allegations against a former Manitoba rabbi has created a new form of libel chill for a Winnipeg author of children's books.  
 
Carol Matas - Author
Carol Matas had been invited to speak in February at an interfaith luncheon sponsored by the Sisterhood of Winnipeg's Shaarey Zedek synagogue. But her appearance was cancelled after the congregation received a legal opinion suggesting the synagogue could be sued for publication of a libel if it permitted Matas to speak. 

"This is paranoia of the worst sort and censorship in the worst way. Libel chill isn't a strong enough term. Basically, they're censoring me and not the book. Somehow, I am no longer acceptable," Matas said recently. 

Book about Rabbi Ephraim Bryks
What's prompting the controversy is Matas's latest novel, The Primrose Path. Published by Winnipeg's Blizzard Publishing, it's the story of a Jewish school enduring a child-abusing rabbi. The case bears some similarities to a Winnipeg police investigation of Rabbi Ephraim Bryks, former principal of the Torah Academy in Winnipeg. Now closed, Torah Academy was a school operated by Herzlia-Adas Yeshrun, an Orthodox congregation formerly led by Bryks, now living in New York. 

After a year-long review, Manitoba's public prosecutions office last month decided that no Criminal Code charges were warranted against Bryks, who was previously investigated for similar allegations by Winnipeg police and the city's child and family services department in 1987 and 1988. 

The Case of Rabbi Ephraim Bryks - Alleged sexual predator
After a 1994 CBC documentary outlining other child-abuse allegations involving Bryks (which was broadcast before the police resumed their second investigation), the rabbi launched a defamation lawsuit against his accusers and the CBC. But beyond a preliminary notice, these cases have not progressed. Two years after the 1988 report by the city department, Bryks left Winnipeg for New York. 

While Matas says she was only asked to deliver a speech, the synagogue maintains that she was going to speak about her new book. By acquiescing to the threat of litigation, the synagogue's decision, to some, appears to be a highly unusual instance of the suppression of an author's freedom of expression, especially since no defamation lawsuits have been commenced against the book, which was published last September. 

Matas, who is emphatic that her book isn't based on Bryks, describes The Primrose Path as "a universal story which I based on research across North America. And in two other communities where I've spoken besides Winnipeg, people in the audience believe that the book is about a specific case in their community. It says to me that I'm doing my job as a writer because it is a universal story." 

Matas also says she is very upset about the synagogue's cancellation, initiated, it said, because of a "scheduling conflict." "I think it's shameful and outrageous. . . . And being unable to have me as a speaker because they're afraid that someone might sue them is scary business." 

Matas says she learned from Shaarey Zedek's president, Samuel Wilder, that her invitation had been cancelled because the synagogue's lawyers said that since "the story in The Primrose Path so closely parallels what happened in Winnipeg, the synagogue would be subject to a defamation action if they let me speak." 

Contacted earlier this month, Wilder refused to answer any questions for The Globe and Mail, saying "this isn't an issue for the press." 

Denise Waldman, president of the synagogue's Sisterhood, was equally reticent about answering questions and, she said, "if there is any Sisterhood board member who speaks to you, they will have to answer to me. I'm a young president of a flourishing sisterhood and we don't need any garbage." 

The Sisterhood's move is, however, attracting negative attention from both inside and outside Winnipeg. Penny Dickens, executive director of the Writers Union of Canada, for one, condemned the decision. "They took the easy way out. It certainly wasn't a heroic decision - they've silenced a writer. . . . This isn't chill, it's a major freeze." 

While characterizing libel chill as a term usually involving state action, Toronto criminal lawyer Clayton Ruby had "grave doubts" regarding the legal opinion. "Unless they knew in advance that she's going to be defaming someone, they wouldn't be responsible for giving her a platform." 

Ruby also deplored the Sisterhood's cancellation of Matas's address. "They don't understand literature and its role in a free society. It's a message from the community that we don't want to talk about that subject matter. And then authors won't write books like that. It's unhealthy and shortsighted." 

David Matas, a Winnipeg immigration lawyer and cousin of the author, agreed with Ruby. "Her work is a work of fiction. It doesn't identify a specific person. It's most unusual for a libel suit to come out of a fictional account," Matas said. 

However, Julian Porter, a Toronto lawyer noted for his expertise in libel and defamation, said that it is possible that the author of a fictional book could be sued for libel and that the synagogue could be sued, in turn, by allowing Carol Matas to speak. Generally speaking, he said, the test is if the work of fiction refers, or is capable of referring, to a real person. Although there are no Canadian precedents, civil liability for such cases has been found in the United States, England and Australia. 

Porter qualified his comments by noting that these types of cases are very rare. Yet, about 15 years ago, he successfully settled a libel case involving Toronto author Ian Adams, who wrote a novel suggesting that a government representative was part of a Communist spy ring. 

Porter predicted that to win such a case at trial a lawyer would have to put a number of people in the witness box, each of whom believed that the book was about the allegedly defamed person. To safely write a roman a clef, Porter recommended that writers should change a host of personal details. "Changing a couple of little things isn't enough." 

But Matas's Winnipeg-based publisher, Anna Synenko, dismisses the possibility of libel action involving The Primrose Path. "We haven't received any libel suits yet and I don't think we will. I really don't understand what the Sisterhood's problem is. The book is based on a large amount of research and not on one incident." 

Matas is the author of 15 books, most aimed at readers aged 10 to 17. Her novels include Daniel's Story, commissioned by the U.S. Holocaust Memorial Museum in 1993, and Sworn Enemies, which won the National Association of Jewish Libraries' Sydney Taylor award in 1993. 

For more information on this case: CLICK HERE