Former Youth Pastor and Little League Coach Charged With Child Molestation

By: Sharon Swanepoel | August 25, 2011

A former Little League football couch and youth pastor was arrested in Hall County Aug. 23 and brought to Walton County to face charges of child molestation.

According to Lt. Mike Westbrooks of the Loganville Police Department, Stacy Lee Everett, 42, of Covington, is charged with one count each of child molestation, felony sexual battery, cruelty to children and false imprisonment. Westbrooks said the charges stem from an investigation that began out of state.

"The victim, who is now 14 years old, was 12 at the time of the incident," Westbrooks said, adding the incident is alleged to have taken place within the Loganville city limits two years ago, which is why it is being handled by the LPD.

Westbrooks also confirmed that prior to 2007, Everett was the youth pastor at a Walton County church but his ordainship was revoked following a 2007 arrest for an unrelated incident.

"He also coached Little League football in Walton County prior to 2007," Westbrooks said.

Everett was picked up from the Hall County detention center by Walton County authorities yesterday and is now being held in Walton County.

(This information was obtained from the Loganville Police Department. It does not indicate a conviction.)

When Appointing Volunteers Make No Assumptions

By: Michael Pfahl

Call it “sixth-sense”, “gut-feeling” or that “little voice” we all have it and make the conscious choice to listen or ignore it whenever it makes itself known. Have you ever wondered if every person who was willing to say yes and step up to help as a volunteer should have even been asked in the first place? That is the little voice again and this gut feeling becomes even more obvious when someone is over the top with enthusiasm about volunteering for a specific duty without even being asked.

Southeastern Security Consultants Inc (www.SSCI2000.com) is the nation’s leading experts on volunteer criminal background checks. Co-Founders Randy Rodebaugh and Byron Palmer teach their clients to make no assumptions and listen carefully to your “gut” when it comes to providing anyone with the privilege of working with youth, seniors, and people with disabilities. These two professionals are the antithesis of cynicism but hold firmly to the belief that when it comes to selecting volunteers, adopt the axiom TRUST but VERIFY.

Mr. Palmer says, “Listen to that inner voice because it only knows the truth. Don’t become distrustful but at the same time don’t be naïve. Don’t assume anything or feel that you know someone because you really don’t.”

It appears the he is right. In the first 12 months after launching Operation TLC ² in 2007, among just 24 agencies in 16 states, the Operation TLC ² screening protocol through SSCI kept 243 of 3,500 would be volunteers with serious criminal histories out of parks and recreation programs. That’s a shocking 6.9% and these are people who signed a consent form to conduct the background check. It is impossible to gauge the number of people with criminal histories that self-eliminated during this same time period when asked to consent to the check. Another revealing statistic is that 13% of the potential volunteers that were disqualified committed their offense outside their state of current residence.

According to the Corporation for National and Community Service, about 63 million Americans, or 26.8 percent of the adult population, gave 8.1 billion hours of volunteer service worth $169 billion in 2009. Let’s cut the number in half and make the assumption that 31 million volunteers today have one on one access to children, youth, and people with a disability or the elderly. Statistically speaking and applying the 6.9% disqualification rate across the estimated 31.7 million, we potentially have 2,139,000 volunteers currently working in a volunteer position that based on their personal criminal history simply should not be provided the privilege.

Whenever asking someone to volunteer, it is true that not everyone is the right person to provide one on one service to our most vulnerable populations. Everyone can define the word overworked. And, it is much easier to fill a critical volunteer position without ensuring due diligence. There is one thing for sure; this warm body recruitment method and ignoring the inner voice can be a huge mistake putting the most vulnerable people being served in jeopardy.

Being overly trusting and making assumptions about our volunteers as part of our common practice can contribute to the perception and sometimes the reality that bad things can and do happen. It is much easier to ignore the “little voice” that sometimes screams for you to question a person’s motive. Make no assumptions and listen intently to that little voice.

More Information On Operation TLC2 And The Minimum Standards For High Quality Background Checks – click here

About the Author

D. Michael Pfahl is president of DMP Consulting, Inc. He has over 35 years of experience working with park, recreation, and conservation agencies to effectively train volunteers for public service. He is the founder of Operation TLC² Making Communities Safe, a National Park and Recreation Association initiative to provide agencies with resources to help manage volunteers and ensure safety.

San Jose Youth Football Coach Arrested On Molestation Charges

SAN JOSE (CBS SF) – San Jose police have arrested a football coach on suspicion of sexually abusing a teenage player on his team, police said.

Michael Hagan, 28, a coach for the nonprofit Oak Grove Youth Football League, was arrested on March 16 after investigators received reports that he had committed lewd acts against a juvenile, according to police.

He was booked into jail on seven felony counts of sexual acts against a 14- or 15-year-old child and is being held on $300,000 bail, police said.

Hagan has been involved with the football league for 13 years and police are asking any victims, or anyone with information on the case, to call the child exploitation detail at (408) 277-4102 or the anonymous tip line at (408) 947-7867.

(Copyright 2011 by CBS San Francisco. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. Wire services may have contributed to this report.)

Former Medford youth soccer coach guilty of child rape

A Middlesex Superior Court jury today found a former Medford youth soccer coach guilty on child rape charges related to attacks on a 13- to 14-year-old former player in 2003 and 2004.

Roger Lau, 27, of Medford, was found guilty on two counts of rape of a child. Middlesex Superior Court Judge Diane Kottmyer will sentence him on Monday.

"This defendant has now been found guilty of seriously abusing his authority and violating the trust of one of his young players and her parents, by taking advantage of the girl and raping her on numerous occasions," District Attorney Gerry Leone said in a statement. "We commend the jury for their just verdict today and thank the victim for bravely coming forward to disclose this defendant's disturbing history of sexual abuse of her."

Thomas Heinz, Lau's co-defendant and fellow coach, was found not guilty in the same trial on the charge of rape of a child by force.

According to authorities, the two defendants coached in an under-14 girls' soccer league in Medford. Heinz was the head coach and Lau was the assistant coach. At the time of the rapes, which occurred between the spring of 2003 and the summer of 2004, the victim was 13 to 14 years old and played on the defendants' team.

The victim told authorities that she was involved in having sexual relations with Lau for over a year.

Authorities learned that in the spring of 2003, Lau and the victim began talking on the phone and he asked the victim to come to his house to watch a movie. According to court records, Lau picked up the defendant and brought her to his home and raped her. Lau continued to arrange to meet the victim for over a year and continued to have sexual relations with her.

Lau was arrested on Dec. 21, 2009 on four counts of forcible child rape.

Punishment phase begins in the trial of a coach found guilty of sexually assaulting teen

A Jefferson County jury will decide the punishment for a former softball coach found guilty of continual sexual assault of a child.

The jury deliberated for about 2 hours before returning the verdict Thursday.

Louis "Bo" Matthews faces a minimum of 25 years in prison if convicted of the continuing sexual abuse of one of his 13-year-old softball players from August 2008 to April of 2009.

It was a very emotional day inside the courtroom, especially as Matthews turned to the now 15 year-old victim after his sentence was read, and mouthed the words "It's OK."

This came as something very disturbing to the family and the girl. Nearly every person was in tears at the news that the young girl's former softball coach is in fact guilty of sexually abusing her when she was only 13 years old.

Closing arguments brought the family to tears as well.

Defense attorney Nathan Reynolds admitted the allegations were very serious.

"The girl testified she had sex with him. That's it. No physical evidence she didn't make statements until after rehab and repeatedly denied that anything was going on", said Reynolds.

He continued he was in disbelief his client had sex with the 13-year old, "That's unbelievable to me beyond reason for anybody to jump into the sack with a 350 pound man."

Prosecuting attorney Ramon Rodriguez countered, "she's a little girl. That's what she is... and she confided in him and he knew she needed someone to make her feel special."

Ramon pointed out that the defendant tried to keep the relationship secret from her family and the girl did tell the truth about the sexual abuse.

"She has no reason to tell you anything but the truth it wasn't easy for her to admit she was in a sexual relationship with a man thirty years her senior and tell that to a group of 12 strangers that man does not deserve to be called a coach" said Rodriguez.

Matthews told the jury today he is physically incapable of having sex claiming his weight and blood pressure have made him impotent for the last 6 years.

Matthews said he never had sex with a 13 year old girl and for the most time they were always supervised he told the jury he did not send her roses but a text message with a picture of a rose.

He said he didn't buy her a diamond ring but did get her a $30 silver pinky ring.

Matthews said he did kiss the 13 year old when she came to play with his daughter.

"She was standing in the doorway and said 'thanks for having me over.' I said 'of course' and kissed her on the head", said Matthews.

The 15-year-old girl took the stand Wednesday afternoon to testify against a man she says had sex with her more than 30 times when she was 13 and 14 years old. The teen was nervous as she took the stand to describe the abuse that took place from the summer of 2008 through fall of 2009.

The victim said she began spending time alone with Bo after softball practice. He would coach her on pitching and she began confiding to the defendant about her struggles with family.

Within three months, she admitted to spending time at his house.

She said he first time they had sex was after she had taken a shower in his home after dying her hair with his daughter.

"He kissed me and told me he wanted to have sex with me, but he didn't want to get me pregnant, but we did it anyway" she said.

The victim said the two would have sex in his band's "jam room", near the softball fields in his car, and his home.

She said she sent Bo more than 16 photos of herself through text messages. Some of the photos include naked body parts and shots of herself that she said were on his computer.

She said the situation got out of control when Bo bought her a diamond ring and roses, promising to marry her when she turned 18.

The victim's mother had been blocking calls and texts from Bo throughout the time the abuse occurred. Only after her daughter tried to kill herself did the mother realize a relationship had occurred with the former club softball coach.

"I was depressed with myself and tired of all the lies," the victim said.

She admits she did not tell investigators all the details during questioning since she was still in love and trying to protect Bo.

Sunday School teacher charged with molesting 14-year-old

By Alexis Stevens
The Atlanta Journal-Constitution

The Sunday School teacher accused of molesting a pupil could face additional charges stemming from a church trip to Macon.

James Benjamin Harris, of Lawrenceville, already faces six counts of child molestation and one charge of enticing a child for indecent purposes, according to Gwinnett County jail records. All seven charges are felonies.

The charges stem from a relationship Harris allegedly had with a 14-year-old boy he met through Sunday School classes at Brookwood Baptist Church, near Lawrenceville, Gwinnett County police said. The church is located on Five Forks Trickum Road in the Brookwood High School district.

Harris first met the boy three and a half years ago in a sixth grade Sunday School class at the church. The boy currently is a home schooled ninth grader.

But the boys' parents told police interaction between the two had increased in recent months, Cpl. Jake Smith said. Harris and the boy went to the mall and Braves games together and often talked on the phone, according to a police report obtained by the AJC.

In December, Harris gave the boy his first cell phone as a Christmas gift and the two began exchanging text messages, according to the report. The boys' parents said he also kept the phone with him until one day last week.

While her son was at a neighbor's home Jan. 11, the boy's mother told police she read explicit text messages Harris had sent, the report states. Harris had sent numerous messages dating back several days and many were sexually explicit in nature, according to investigators.

Harris was arrested on Jan. 14 and is being held without bond.

Brookwood Baptist Church pastor Dean Oliver said Harris was a volunteer and had passed a background check "as is our policy for all adults that work with our kids."

Oliver said the church is cooperating fully with police and providing counselors for the victim, the victim’s family and other members of the church.

The investigation into Harris' relationship with the boy also involves police investigators in Macon, Smith said.

Harris was in charge of middle school boys on a late December church retreat in the middle Georgia city, police said. Harris and the boy allegedly shared a bed in a hotel room during that trip.

A wakeup call on youth sports volunteers

In Print: Thursday, December 23, 2010

The story that has emerged following the arrest of two Tampa Bay area youth athletic coaches on charges of producing child pornography should be a wakeup call for all organizations that recruit volunteers to work with children. No matter the time, cost or hassles involved, thorough background checks that screen for all crimes, not just sexual offenses, are critical. The days of trusting volunteers for youth sports and other activities based on a smile and their willingness to help are over.

David Rojas, 44, of Clearwater and John Derrick Martin, 43, of Wesley Chapel were arrested Monday after an investigation by the Florida attorney general's cybercrime unit. According to authorities, the men drugged two teenage girls and encouraged them to perform sex acts in a motel room while videotaping them. The men were charged with promotion of child pornography, lewd or lascivious conduct and lewd or lascivious battery.

Both men had regular access to lots of children in area schools and sports programs. Rojas coached the Dunedin Jr. Falcons peewee football team, was vice president of the SunCoast Youth Football Conference, and worked as a high school football referee. Martin was a volunteer coach at King High School in Tampa and Armwood High in Seffner. Also, Martin owned a Tampa-based multimedia company that worked in bay area schools, and he employed Rojas.

Rojas was permitted in schools and outside athletic programs despite a criminal record dating to 1988 that included convictions for aggravated assault, battery, dealing in stolen property and carrying a concealed gun — all felonies.

Those convictions should have set off alarm bells for anyone screening volunteers, but SunCoast Youth Football board members weren't looking for those kinds of crimes. They screened only for sexual offenders or sexual predators. A policy on background checks that overlooks offenses such as murder, kidnapping, child abuse or weapons charges while digging for a lewd and lascivious conviction leaves too much to chance.

Martin had no criminal record in Florida, which explains why he was given entry to schools for coaching and his multimedia job. But what about Rojas? The Jessica Lunsford Act, passed by the Legislature in 2005, requires full background checks on any vendor under contract with school systems. A check on Rojas should have unearthed his criminal history and raised questions about whether it was safe for him to be around children.

The alarming number of sex crimes committed against children may have led schools and youth groups to focus only on sexual offenses. But they also should look for red flags such as a string of felony convictions, which can indicate a pattern of lawless behavior. Doing such thorough background checks on all vendors and volunteers may be burdensome for school districts and youth program volunteers. It also is possible that some adults will shy away from volunteering because of old charges or convictions that they do not want to share even if they would not mean disqualification. But when it comes to giving adults access to children, it's impossible to be too careful.

Coach pleads guilty to abuse

In a plea deal, the longtime local educator agrees to a 51/2-year prison term
By Karen McCowan
Published: Friday, Dec 17, 2010 06:00AM

A longtime Springfield middle school teacher faces a 5½-year prison term after pleading guilty Thursday to seven counts of sexually abusing a 15-year-old athlete he coached for Sheldon High School.

Chad Gerald Schacht, 40, will be sentenced Jan. 5. Lane County Circuit Judge Ilisa Rooke-Ley has agreed to impose that sentence, under terms of a plea deal between prosecutors and Schacht.

The 10-year Agnes Stewart Middle School teacher was arrested Oct. 30 after Sheldon High officials in Eugene heard and reported allegations of an improper relationship.

Schacht resigned his middle school teaching post Dec. 7, Springfield School District spokesman Jeff DeFranco said Thursday. The math and science teacher had been out of the classroom and on administrative leave since his arrest, DeFranco said.

Schacht is also no longer employed by the Eugene School District, where he had worked the past five years as a part-time assistant cross country coach at Sheldon.

“His contract ran out this fall, and it will not be renewed,” Eugene district spokeswoman Kerry Delf said.

Both Delf and DeFranco said their districts have no information suggesting that Schacht sexually abused other students.

Schacht “exercised some terrible judgment” and regrets his conduct with the female athlete involved in the case, his defense attorney, Greg Veralrud, said Thursday.

“He’s admitted his responsibility and wants things to go well for (the victim) and her family,” Veralrud added. He said Schacht would have no comment.

The former teacher and coach posted $30,000 bail last month and remains out of custody on electronic monitoring until his sentencing.

In a petition signed Thursday, Schacht pleaded guilty to seven counts of second-­degree sexual abuse for “multiple sexual acts,” including sexual intercourse, with someone too young to consent. The incidents occurred between Aug. 1 and Oct. 31 of this year. Under a 2009 Oregon law, Schacht is subject to an enhanced sentence because he was the victim’s coach.

“Because I was a school teacher and an athletic coach for children, these offenses constituted a violation of public trust and professional responsibility,” he said in the petition.

The law calls for a presumptive sentence of 16 to 18 months in prison for a coach with no prior record convicted of second-degree sexual abuse. Under the plea deal, Schacht will serve simultaneous sentences for some of his charges for a total of 5½ years.

Rooke-Ley will dismiss an additional witness-tampering charge from his indictment.

He also agreed to pay $5,000 to the victim and her family for her counseling and education expenses. He will also be required to register as a sex offender.

Schacht’s arrest sent shock waves through the local track and field community. A former distance runner on the University of Oregon’s track and cross country teams, he was a former assistant head coach for the Emerald Valley Track Club. A club spokesman said at the time of Schacht’s arrest that the coach last worked for the youth organization in 2009 and that it received no complaints that he had inappropriate contact with athletes.

Despite Schacht’s conduct in this case, “The fact of the matter is, he was a positive coach for a lot of kids,” Veralrud said.

EMPLOYERS SHOULD BE WARY OF CHEAP OR INSTANT ONLINE CRIMINAL BACKGROUND CHECKS

By Lester Rosen, ESR President

Numerous internet sites have sprung up in recent years promising cheap or instant background checks that deliver criminal information on anyone. These sites utilize a so-called “National Criminal database” and vendors of such databases typically claim to have compiled millions of records from every state so users can know if someone is a criminal at the click of a button.

These databases appear to offer employers an instant criminal check at a very low price.
Although a multi-state records database can be a powerful tool when used by a qualified employment screening firm as part of an overall background check, anyone who thinks they are getting a real criminal check can be in for a rude awaking when they discover that such searches are far from the real thing. Applicants with criminal records can easily be missed, and people without reportable records can be incorrectly identified as criminals, both results carrying negative financial and legal implications for employers.

Anyone using these databases, especially for employment purposes, needs to understand the limitations and legal exposure associated with using them. If they don’t, employers may find themselves embroiled in litigation. Here are just some of the issues:

• • Multi-jurisdictional database are NOT official FBI database searches. FBI records are only available to certain employers or industries where Congress or a state has granted access. Searches offered by web sites are drawn from government data that is commercially available or has been made public.
• • So-called national criminal searches are a research tool only and are not a substitute for a hands-on search at the county level under any circumstances (or the functional equivalent of a county level search). The best use for these databases is to indicate additional places for a background firm to search in case a record is found in a jurisdiction that was not searched at the county court level.
• • In addition, many states have very limited database information that is available to employers. Examples of states where such databases may have very limited value are California and New York. Texas is another state where database information can be wildly inaccurate.
• • Databases in each state are compiled from a number of sources. There are a number of reasons that database information may not be accurate or complete. Because of the nature of databases, the appearance of a person’s name on a database is not an indication the person is criminal any more than the absence of a name shows he/she is not a criminal. In other words, these databases can contain results that are a “false positive,” or a “false negative.” Any lack of a match is not the same as a person being “cleared.”
• • Another reason a database search can be inaccurate is the technical nature of how searches are performed. Searches are often based upon matching last name, the date of birth and the first three letters of the first name in order to eliminate computer matches that are not applicable. In some states, there is no or limited date of birth information which means a search of that state will have little or no value. Or, a person may have been arrested under a different first name.
• • There are also significant legal complications for employers. Any search from an internet site for employment is subject to the federal Fair Credit Reporting Act (FCRA) an often times state laws, which highly regulates employment background checks. There are some instant “criminal sites” that do not bother to make that clear or mention it only in the “fine print.”

In addition, before relying on a database search for employment, FCRA Section 613 must be followed. That section requires that if a criminal matter is found that can adversely affect employment, then a letter should be sent to the applicant by the agency providing the information, which many web sites certainly do not do for employers. This option is not even allowed under California law. The other option is to reconfirm all “hits” at the county court level to insure that the information is accurate, complete and up to date at the time it is reported.

Also, keep in mind that a criminal record should not be used to automatically disqualify an applicant, without taking into account the Equal Employment Opportunity Commission (EEOC) rules as to what is a job-related criminal offense. Otherwise, an employer may find themselves facing allegations of discrimination. In addition, the use of criminal records for employment is also intensely regulated by many states, and without professional guidance, employers may use information that is impermissible, again exposing an employer

The bottom-line: These do it yourself “criminal “searches are not always as advertised. Unless you are a professional, such a search can easily lead an employer astray or get them into legal hot water. Even for non-employers that want to check out someone, such as someone that wants to screen a potential “date,” it is critical to understand that these sites are NOT the real thing when it comes to criminal checks, since in many instances the search can have holes in them the seize of Texas.

Ex-youth coach sent to prison for sexual conduct with girls

Tuesday, November 9, 2010

A 25-year-old former youth coach must serve a minimum of 2-1/2 years in prison followed by five years on probation for a life sentence which was suspended in three felonies involving sexual contact with young girls.

Benjamin Thomas Schuler was sentenced Tuesday by District Judge Dave Gamble following an emotional hearing that included statements from the victims' parents who said their daughters were robbed of their innocence.

Schuler, formerly employed as a Douglas County School District basketball coach, originally was charged with lewdness with a child under 14, luring a child with the intent to engage in sexual conduct and luring a child.

He admitted inappropriately touching a 13-year-old girl through her clothing on Jan. 22; sending an e-mail to the same girl on Feb. 24 trying to entice her to come to his home to engage in sexual conduct; and asking a 13-year-old between Jan. 17-Feb. 5 to sneak out of her home and “hang out” with him.

Schuler said he inappropriately touched the girl through her clothing while they were on a school bus on Kingsbury Grade.

He was arrested when one of the victims' family members discovered the text messages.

Schuler had been paid a stipend by the school district to coach basketball at Pau-Wa-Lu Middle School for three years, and was a school volunteer. His contract expired at the end of the basketball season.

The father of one of the girls told Gamble that Schuler's actions had “taken a confident, outgoing kid and kind of put her in a shell.”

“She's kind of withdrawn herself,” the man said. “She is being harassed at school and has lost interest in sports, especially basketball which she loved.”

Gamble said he wanted to make sure the victims knew they were blameless in the offenses.

“Please convey to your daughter when you think it's appropriate that there is not one iota, not one scintilla of this that's her fault. She's a girl who was taken advantage of. Anyone who harasses her for any of this should be arrested,” Gamble said.

The father said if Schuler had not been arrested, he would have continued preying on young girls.

“If he hadn't got caught, he would be facing more serious charges,” the man said. “The fact that he got caught stopped him. That's just not right.”

Another victim's father said he preferred to settle the matter with “a tall tree and a short rope.”

He said his daughter's grades plummeted from 3.5 grade point average to 1.5, she's no longer interested in sports and is afraid of men.

“Once this happens to a little girl — a 13-year-old girl — she'll deal with this the rest of her life. Her youth has been ripped away from her. She's a different person,” he said.

His tearful wife told Gamble the parents were victims as well as the children.

“There's no way to describe how he has scarred her soul. She was scared. She was humiliated. He has taken her innocence. How could you do this to kids?” she asked.

Schuler's sister and parents spoke on his behalf.

“He's been a good son, a caring, loving son,” said Thomas Schuler. “We are so very disappointed and deeply hurt he did these things.”

They asked Gamble for leniency so Schuler “could get back on track and learn from his mistakes.”

Thomas Schuler apologized to the victims' families. The girls did not attend the sentencing.

He said since his arrest, his son has been living at home and undergoing counseling.

“I am so very sorry this happened,” he said. “Ben has been very remorseful, he'll break down and tell me if only he'd known some of these things before the offenses, it would have helped him. He's not taking away any of the blame.”

Schuler's lawyer, Tod Young, said his client was emotionally and sexually immature.

“This was something wrong, but he had no impression of the seriousness of it,” Young said. “He told investigators it had gone back several years.”

Gamble brought up parts of a pre-sentence report that allege Schuler was fired as St. Gall youth director when he was 19 for having sex with a 16-year-old and lost a coaching job in Collinsville, Ill., for a similar offense.

Young said the 16-year-old was of legal age, and Schuler volunteered the information to investigators.

“Did he say those things because they were true?” Gamble asked.

“Yes,” said Young.

Schuler apologized to the victims' families.

“I want you to know I am truly sorry. This was all my fault, not their fault. I understand you are angry with me. If it was my little girl, I would be just as angry. I am not proud of what I did. I will live with this the rest of my life,” he said.

As a coach, Schuler said he was in a position of authority and should have known what he did was wrong.

“I am happy that I get a chance to change my life,” he said. “This (behavior) is over, no matter what the incarceration.”

Gamble interrupted Schuler when he characterized the offenses as mistakes.

“You didn't make a mistake. You committed about six crimes. These are offenses against humanity. This isn't forgetting to turn in a library book,” Gamble said.

Prosecutor Erik Levin said he believed Schuler was a predator who was grooming young girls.

He said the psycho-sexual evaluation that deemed Schuler not at a high risk to reoffend “read like a letter of recommendation and a dime-store novel.”

“I think he knew exactly what he was doing and it was legally and morally wrong. He was 24 hours away from sexual intercourse,” Levin said. “One of the victims told her father she didn't feel like the same person she was before. There's no restitution you can ask for that. That damage can't be fixed.”

Schuler pleaded guilty to use of a minor as a subject of a sexual portrayal in a performance, attempted lewdness with a child under 14 and attempted use of a minor as a subject of a sexual portrayal in a performance.

The first charge is a Class A felony which carried a penalty of 10 years to life in prison, plus a $100,000 fine. The other two charges are Class B felonies with penalties of 2-20 years in prison.

In crafting Schuler's sentence, Gamble said the Nevada Legislature had failed to give judges any discretion in passing judgment.

“When you bind judges without discretion, you create injustice,” Gamble said.

He said Schuler's sentence reflected his disagreement with the statute and how he measured the seriousness of the offense.

He sentenced Schuler to two concurrent 2.5-7 years in Nevada State Prison for the Class B felonies

On the first count, Gamble sentenced Schuler to life with the possibility of parole after a minimum of 10 years.

He suspended the life sentence and placed Schuler on five years probation consecutive to the prison terms.

That means when Schuler is released from prison, he will be on probation for five years.

As a convicted sex offender, Schuler faces lifetime supervision and must register with law enforcement no matter where he lives.

The plea agreement includes eight pages of statutory regulations that dictate everything from housing and job requirements to Internet access.

He is forbidden to have contact with the victims, their families or anyone under age 14 who is not a family member.

Gamble gave Schuler credit for nine days in custody, but no credit for house arrest which he has served since March 3.

Former Youth Coach Sentenced in Sex Crimes Case

Updated: Friday, 05 Nov 2010, 6:09 PM MDT
Published : Friday, 05 Nov 2010, 6:09 PM MDT

EL MIRAGE - A former volunteer youth soccer coach convicted of sexual exploitation of a minor was sentenced Friday.

A judge sentenced 25-year-old Daniel Cope to 41 years in prison and lifetime probation.

He pleaded guilty to charges of attempted sexual conduct with a minor, 3 counts of sexual exploitation of a minor, and attempted sexual exploitation of a minor, as part of a plea agreement.

Cope was initially charged with 12 counts of sexual conduct with a minor. He was arrested two years ago.

Cope's female roommate accused him of molesting her son -- they shared a home in El Mirage.

Cope was a volunteer with American Youth Soccer Organization for about two years in a local league that serves children in Ahwatukee, Phoenix, south Tempe and Chandler.

El Mirage police say investigators discovered about 2,000 photos and 400 videos of child pornography in his computer.

None of the children he coached stepped forward with any allegations of misconduct.

Former Youth Coach Sentenced To Jail

Posted Wednesday October 27, 2010

TERRE HAUTE, Ind. (WIBQ) - A federal judge has sentenced a former youth coach to eight years in jail in connection meth charges that had been brought against him. Otha Scott, Jr. previously accepted a plea agreement for conspiracy to distribute 500 grams of methamphetamine.

In addition to the eight years in prison, Scott was given fines and ordered on supervised release when he finishes his jail term. In May Scott was arrested, accused of being involved with a Terre Haute meth ring. Five other people also pled guilty Tuesday to involvement in the same meth ring. There are 17 more defendants who are still being prosecuted.

Woman sues Calif. coach, USA Swimming

Associated Press
Updated: 08/12/2010 02:16 AM ET

A California woman sued the governing body of U.S. competitive swimming and her former coach, claiming he sexually abused, humiliated and harassed her when she was a teenager training under his supervision.

The suit announced Wednesday is one of several around the country alleging USA Swimming covered up wrongdoing and allowed a culture of abuse to exist in coaching ranks. The lawsuit also names the West Valley Swim Club and Pacific Swimming, the West Coast branch of USA Swimming.

The lawsuit claims swim coach Norman Havercroft sexually abused Jancy Thompson over a five-year period in the 1990s, beginning when she was about 15.

The Associated Press generally does not identify victims of alleged sexual abuse. However, the now 28-year-old has chosen to speak publicly.

Thompson, who graduated from police academy and does gang intervention for a nonprofit group, said she came forward to help affect change.

"I was robbed of my childhood and never performed to my full capabilities," she said. "I want to ensure that no one has to endure what I went through and carry such a burden the rest of their lives."

A telephone message left at a listing for Norman Havercroft in Corona del Mar was not immediately returned.

USA Swimming said it investigates misconduct complaints and revokes membership if behavior was inappropriate.

The alleged abuse took place at various locations in Santa Clara County, including a Los Gatos swim club where Thompson trained, the homes of Thompson and Havercroft, and at a school, according to the 44-page lawsuit first filed June 18 and amended Aug. 4.

Havercroft is accused in the lawsuit of groping, engaging in sexual acts, providing pornography and buying an Internet camera for “cyber” sex.

The abuse carried on after Thompson turned 18, even though she never gave consent, according to the suit filed in Superior Court in San Jose.

The suit also claims Havercroft abused another female and says USA Swimming knew about that case and did nothing to remove Havercroft from his position. It also says Thompson witnessed Havercroft inappropriately touch and massage several underage females.

“In the worst of ways we claim that he took advantage of the coach-athlete relationship, exerting his power and authority,” attorney Robert Allard said.

Jane Weil, a lawyer for USA Swimming and Pacific Swimming, said the organizations had no “knowledge of unlawful conduct” by Havercroft, as alleged in the suit. Weil said the San Jose Police Department and the Santa Clara County district attorney's office investigated claims of abuse by the other female and brought no criminal charges against Havercroft.

During the police investigation, detectives interviewed Thompson and her mother regarding the other case. Thompson said Havercroft never acted inappropriately with the swimmers, according to a 1997 police report provided to the AP by Weil.

A message left with a police spokesman was not immediately returned. A spokeswoman for the district attorney's office, Amy Cornell, confirmed that office has never brought charges against Havercroft.

The alleged victim in the other case sued Havercroft and West Valley Swim Club in 2001. The case was settled confidentially. Weil said neither USA Swimming, nor Pacific Swimming were involved in that case.

A call to a phone number listed for the West Valley Swim Club said the number was no longer in use.

USA Swimming has come under fire for its handling of alleged abuse cases but has said it was taking steps to keep young athletes safe. At least 46 coaches and officials have been banned for life, mostly for sexual misconduct.

The organization will vote on measures at its national convention in September that include a new athlete protection policy, expanded background checks, and a requirement that all adults who interact with swimmers become members of the organization.

In the lawsuit, Allard called it a belated effort that demonstrates a “callous indifference to the health and safety of the young swimmers across the country.”

In the Thompson case, simple steps would have prevented the alleged abuse, he said.

“Just a basic look into it, do something about it and remove the man from coaching,” Allard said. “It’s not hard.”

Burnsville / Plea made in youth sports assault

Pioneer Press
Updated: 06/02/2010 12:00:37 AM CDT

A Minneapolis man who punched the commissioner of a Burnsville youth sports association in the face after a sixth-grade basketball game entered a guilty plea Tuesday to first-degree assault. Robin Johnson, 48, entered a guilty plea before Dakota County District Judge Michael Mayer, who scheduled sentencing for Sept. 1.

The punch cracked three of the commissioner's molars, and one had to be extracted, according to charges.

The incident occurred Feb. 13 after a game at Burnsville High School. Johnson, who began yelling at the referees and coaches after the game, was restrained by parents after knocking the commissioner to the ground.

Johnson is being held at the Dakota County Jail in Hastings in connection with an unrelated conviction for domestic abuse.

- Frederick Melo

System for volunteer background checks keeps youth sports safer

LINDA RUSSELL

KY3 News

SPRINGFIELD, Mo. -- Children's baseball and soccer leagues are getting started all over the Ozarks, and boys and girls are spending a lot of time with volunteer coaches. The City of Branson just approved more thorough background checks for the people who coach youth sports. It's a program created right here in Springfield.

The Springfield-Greene County Parks Department has been using a new system that it developed with the National Recreation and Park Association, and it's a system that any park system could use.

Carol Cates was able to cheer on her son, John, and his team on Tuesday night but she feels comfortable that, even when she's not here, he'll be in good hands.

"With our coach here, I feel so secure with him," said Cates.

Parents can feel secure that all volunteers with the Springfield-Greene County Park Board have gone through a background check every year.

"You really want to be secure that your children are going to be taught baseball, but they're also going to be taught by somebody that's respectable," Cates said.

The new system that the parks department started using two years ago makes screenings even more thorough.

"We looked at what kind of system could be enacted throughout the country to really make sure that all volunteers within park systems really have that proper background check, and that we can manage them in a proper way," said Parks Director Jodie Adams.

As part of the National Recreation and Parks Association Board, Adams helped come up with the system. Instead of checking just Missouri, as in the past, volunteers here now go through a nationwide background check.

"Basically, if you have a felony or you have anything with any type of sexual charge, you will not be in the system. We will not allow that around our public at all," Adams said.

Branson has just adopted the same nationwide system, getting results in three to five days, instead of sometimes half way through the season.

"It does cost us $17 for us to do that background check but, you know what, in our minds, the cost, at that point, doesn't matter, because it's the safety of our children," said Adams.

It's peace of mind for moms like Cates.

"So I don't have that concern, and that is such a relief, as a parent, to know your child's getting to have these opportunities, and you don't have to be concerned about what he's going to be exposed to when you're not there," Cates said.

In the time the nationwide system, TLC2, has been up and running, 351 people, a little more than three percent of potential volunteers who were checked, have been disqualified because of their backgrounds.

If you're interested in this system, learn more at the National Recreation and Parks Association Web site.

Adams suggests, if communities don't do that background check, to at least do something, like search the Missouri Case Net website.

Adams says more communities are getting on board and doing background checks for volunteers in their parks systems. In a quick survey of communities surrounding Springfield, we found Ozark, Nixa and Willard do background checks on volunteers, while Rogersville and Republic do not.

Cox: Convicted sex offender worked as youth football coach

TOM GREENWOOD

The Detroit News

A convicted sex offender working as a children's football coach has been arrested after parent's noticed him touching, videotaping and touching player's feet and having them walk barefoot on his back.

Although he was a registered sex offender, Ben Walcott used the alias "Ben Albright" in order to work at youth football camps in Michigan and other states, said Michigan Attorney General Mike Cox, who today filed charges against Walcott.

According to an Associated Press story, Walcott, 28, worked as a quarterback coach and allegedly tricked young boys into using their bare feet to play with toys while touching and photographing their feet.

After observing his behavior, parents contacted authorities who discovered that Albright was really Walcott, who was convicted of criminal sexual conduct in 2002.

During previous criminal proceedings, Walcott admitted that he received sexual gratification from touching the feet of young boys and from watching as they played with toys with their feet.

"Shocking cases like this remind us how important it is for parents to be closely involved in their children's activities," Cox said.

According to reports, Walcott allegedly told one family he was working with an athletic wear company to secure scholarship money for their son based upon product testing that require careful measure of their son's feet. No such scholarships exist.

Walcott is being charged in Ionia County with one count of working within a student safety zone, which is in violation of the Sex Offenders Registration Act, a one-year felony.

He was charged Monday in the 61st District Court in Kent County with two counts of accosting, enticing or soliciting children for immoral purposes, a 10-year felony.

His bond has been set at $50,000.

Parents who believe Walcott had inappropriate contact with their child should contact the attorney general's office at (313) 456-0180.

Former Project Youth director arrested on sexual assault allegations

By HILARY KINDSCHUH

Joe Ballard, a former youth sports program director and current youth basketball coach, was arrested Thursday on suspicion of molesting a boy over a seven-year period.

The boy, now 19, told Lincoln police on Jan. 28 that he and Ballard became friends nine years ago, said Officer Katie Flood. At the time, Ballard was director of Project Youth, she said.

The teenager told police Ballard subjected him to unwanted sexual contact from 2001 to 2007, Flood said.

Earlier this month, she said, the teenager agreed to wear a wire while he spoke with Ballard, and police arrested Ballard based on evidence collected through recorded conversations.

Ballard was arrested Thursday morning at 11:37 at a local car dealership where he works. He was jailed on suspicion of first-degree sexual assault and first-degree sexual assault of a child, Flood said.

According to court records, Ballard, 42, 2400 L St., No. 4, is being held without bond. He is set to appear in court Monday.

Before Project Youth, Ballard supervised kids and directed a summer softball program for the Salvation Army Community Center for six years. He was fired in 1990 after raising money for new basketball uniforms without the center's knowledge.

At the time, Salvation Army officials said factors other than the fundraising were involved. They banned Ballard from Salvation Army property, saying they believed his presence would be disruptive, and employees there were asked to sign a letter agreeing not to discuss the firing, according to newspaper files.

For 12 years, Project Youth offered free softball, baseball and basketball leagues, as well as tutoring, music, art and other anti-drug activities.

At its height, Project Youth served about 2,000 kids.

Project Youth folded in 2002 because expenses had outgrown donations.

Now, Ballard coaches several youth basketball teams that play under the name Cosmos in local YMCA basketball leagues, said Barbara Bettin, president and CEO of the Lincoln YMCA.

"Our thoughts and prayers go out to the family and the young person involved in this investigation," she said in a statement. "The safety of young people and all individuals is our main concern."

Given Ballard's long history with youth sports and after-school programs, police believe there could be additional victims, Flood said. She encouraged anyone with information to contact police at (402) 441-7204.

Out of Bounds: Sexual abuse by coaches violation of athletes, their trust

By Keener A. Tippin II

Your young daughter has a basketball "jones." She absolutely loves the game.
She eats, drinks and sleeps it. She spends hours at a time outside in your driveway dribbling the "rock" and shooting hoops. When she's not playing, she gobbles up anything she can find to read about the sport. No frilly dresses for her, just the replica jersey of her favorite WNBA, NBA or college basketball player. She pleads for you to sign her up to play for a team but you drag your feet.

A coach for a local competitive team sees her playing basketball in the schoolyard during recess and invites her to join his team. You're overjoyed. She doesn't have many friends and her self-esteem isn't the greatest in the world. This will give her a chance to build her confidence, participate in a sport she loves plus perhaps make new friends.

Still, you have reservations.

The coach seems nice enough. Boyish looks. Charming. Says the right things. Appears to have a good knowledge of the game. His teams have done quite well in local, state and national competitions. The list of players who have played for him and gone on to play on the high school team and to receive college scholarships is quite impressive. But what do you really know about him?

You feel compelled to do your homework into the coach's background. And with good reason, too.
Your future All-American's coach may have something other than playbook Xs and Os on his mind. An estimated 15,000 convicted sexual offenders currently coach kids in out-of-school sports, according to Southeastern Security Consultants, a Marietta, Ga.-based company that specializes in background screenings for youth-league coaches.

• Last August a jury in California found a soccer-league commissioner guilty of molesting four boys.
• In October 2002, a soccer coach in New York was convicted of improperly touching an 11-year-old boy and showing him pornographic movies.
• In 1999 a high school football coach in Texas pleaded guilty to charges of sexual assault for a series of sexual encounters with a 16-year-old female student.
• A study by the Houston Chronicle identified 64 Texas high school and middle school coaches who lost their jobs through termination, resignation or reassignment as a result of alleged sexual misconduct involving students or other minors between December 1996 and February 2001.
• A 1998 Education Week search of newspaper archives and computer databases found 244 cases in a six-month period involving allegations ranging from unwanted touching to sexual relationships.

According to Robert Shoop, a Kansas State University expert who has studied sexual harassment and abuse in schools, this abuse isn't just limited to coaches. Band directors, music teachers or anybody who has access to your child in a private environment outside of the school setting could also be a predator as well. Unfortunately, the inordinate amount of time spent practicing for these extracurricular activities gives these abusers much greater access to your child than that by regular teachers.

"If you are in a science classroom and you just see the child for one hour a day, you have less frequent opportunity than if you are the coach and you see the kid everyday for three hours and go on trips and sometimes stay overnight out of town with the child," said Shoop, a professor of educational administration and an educational law expert.

But that's not to say your kids are any safer in school classrooms. Reported incidents of teacher-student sex cases are becoming more and more common. Shoop said that these cases are probably the tip of the iceberg in regards to the number of cases; however, no national studies exist to discuss how prevalent a problem it truly is. Yet, he said the scandal is comparable in magnitude to (but has been overshadowed by) the incidents of alleged abuse committed by priests in the Catholic Church.

"In the last five years, there have been hundreds and hundreds and hundreds of cases of children or adults who are reporting things that happened when they were a child," Shoop said. "There were almost no reports of those events during the time that children actually were abused."

"The same thing's happening in schools -- there's a proliferation of reporting right now," he continued. "You can hardly go a day without reading in some community some child is now bringing a case against a teacher for sexual exploitation."

Shoop said there is some belief that reports of abuse are becoming more frequent because of the publicity and the likelihood that they will be believed.

According to Shoop, this sexual exploitation or inappropriate relationship between a coach and athlete can include sexual harassment which comes in the form of either quid pro quo, which means the teacher actually propositions the student and has sexual intercourse, to what's called hostile environment which includes inappropriate touching, sexual comments, sexual language or showing the student sexual materials. Sexual molestation typically means having sexual intercourse with a child and the "child" is defined in each state by specific age.

Shoop said often a power paradigm is involved, with the coach having some sort of authority over the student or athlete, creating an internal conflict within the student and making it difficult to resist that kind of power. Often, fear is also a method used.

"In many of the cases, teachers or coaches have been arrested and it's determined that they have been having sexual intercourse with children for 15 or 20 years and nobody ever reported it before until one child finally comes forward," Shoop said. "Once that child reports it, very frequently a whole series of other people come forward saying 'yeah, he did that to me too and I was afraid,' or 'he did that to me too and he told me if I told anyone he would hurt me or hurt my family' or so on."

Shoop said although the vast majority of abuse cases occur between male teachers or coaches and female student athletes, female teacher to male student and same sex abuse from student to teacher can occur as well. He said female teacher to male student abuse occurs probably 5 percent of the time or less, but receives a lot of publicity disproportionate to the percentage. He cites the highly publicized case of Mary Kay Letourneau and her 13-year-old lover or that of Tanya Hadden, a 33-year-old California high school teacher who went to Las Vegas with a 15-year-old male student.

"Those two cases received national news coverage for weeks where the case of the male having sex with the female student often receives one news story in a local paper and then isn't picked up on a national wire," Shoop said. "But the molestation of female teacher to male student is somewhat different than that of a male teacher typically to a female student."

Shoop said this "double standard" is also apparent in sentencing of offenders as well. He said a male arrested for having sex with a female student is typically sentenced between 10 and 20 years in prison; a female arrested for having sex with a male student often receives probation or significantly less jail time.

"The difference still seems that society has a double standard in that a woman is to be protected from sexual activity but a man is supposed to want, desire and benefit from sexual activity," Shoop said.

According to Shoop, 20 or 30 years ago, if a female teacher was having sex with a male teenage student, chances are the father would visit the teacher and encourage her to put an end to the trysts; others would congratulate the youth's sexual conquest with an older woman. Shoop said still today, society in general doesn_t understand the harm that occurs to a child -- both male and female -- abused by a person in power.

"Even now, there's a recent case where a judge basically said that there wasn't really any harm done," Shoop said. "I think the idea of a man raping a woman is pretty well agreed upon as an egregious event. But a woman raping a boy for some people it's hard to imagine that that actually could occur. And the difficulty is, is because people don't understand that power paradigm and how the teacher has so much power over the child in these molestation cases they almost never occur with physical violence or somebody dragging a person into a room and raping them. It frequently occurs where the relationship develops over a period of months through a cultivating and grooming process so that by the time intercourse actually occurs the child believes that it's in their best interest and doesn't really understand that they are being abused."

Shoop said it is dangerous to stereotype predators because any teacher can be a predator; not one mold fits all. However, one general criteria that most have is they are frequently very popular, charming, gregarious, vivacious people who are often very good teachers and very good coaches.

"That doesn't mean that good coaches molest children," Shoop cautions, "but it means if you are a popular teacher, you are above suspicion and you can get away with a lot of behavior because people just assume you are a good guy or a good woman. Plus, children look up to you and respect you and defer to you and it's very traditional."

While there are no general characteristics among perpetrators, there is a common thread among their victims: Low self-esteem. Victims are often not the star quarterback from the football team or the basketball team's star center, but instead students who lack self-confidence are more vulnerable to flattery and a teacher's positive interaction.

"There is some data that says the perpetrator does not pick a child who rejects their first contact," Shoop said. "In other words the first contact that the teacher makes with that child is usually less overt by putting a hand on them or talking to them in an inappropriate way. If that kid says, 'hey back off' or 'don't do that' or just walks away that teacher will find another victim. But if that child doesn't resist and doesn't stand up for himself, the teacher will escalate that behavior.

"Children who are assertive, who know appropriate behavior and know that no one has the right to touch them or to have a sexual relationship with them, are much more likely to defend themselves," Shoop continued. "Children who lack self confidence are more vulnerable to flattery and a teacher's positive interaction."

Shoop is regularly consulted on issues pertaining to educational law, risk management and sexual harassment prevention. He is the author or co-author of 14 books including "Sexual Exploitation in Schools: How to Spot it and Stop it" and more than 100 journal articles, monographs and book chapters about legal issues. He has also produced award-winning video programs designed to eliminate sexual harassment in public schools and businesses.