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Judge tosses 3 NY lawsuits against ex-Elmo actor
http://bostonherald.com/ ^ | 07/02/2013 | Associated Press

Posted on 07/02/2013 5:45:20 AM PDT by massmike

Three lawsuits brought by men who said a former Elmo puppeteer sexually abused them when they were underage were tossed out by a judge who said in a decision published Monday that the men waited too long to sue.

U.S. District Judge John G. Koeltl said the claims must be barred because they came more than six years after each man reasonably should have realized that the physical and emotional injuries they're suing over were caused by alleged encounters with Kevin Clash. The judge also noted that each man had been over the age of 18 for more than three years before they filed their lawsuits.

In the ruling, the judge said that the time in which someone must bring a lawsuit accumulates after the victimization rather than when the individual realizes subsequent psychological harm. Otherwise, he said, plaintiffs could make claims decades later.

(Excerpt) Read more at bostonherald.com ...


TOPICS: News/Current Events; US: New York
KEYWORDS: homosexualagenda

1 posted on 07/02/2013 5:45:20 AM PDT by massmike
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To: massmike

Looks like someone might have intervened...


2 posted on 07/02/2013 5:47:10 AM PDT by jsanders2001
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To: massmike

GLAAD intervened to protect him?


3 posted on 07/02/2013 5:47:49 AM PDT by Viennacon
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To: massmike

Dear judge,

The age of the victims has no bearing whatsoever on whether or not a crime was committed, nor does the time elapsed between the occurrence of the crime and their taking action on it.

There should be no time limit on pervert crimes.


4 posted on 07/02/2013 5:48:32 AM PDT by chris37 (Heartless.)
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To: massmike
"...waited too long...."

To execute this creep.

5 posted on 07/02/2013 5:48:52 AM PDT by onedoug
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To: massmike

some animals are more equal than others


6 posted on 07/02/2013 5:52:56 AM PDT by Oratam
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To: massmike

NAMBLA Judge said WHAT?


7 posted on 07/02/2013 5:57:12 AM PDT by Vaquero (Don't pick a fight with an old guy. If he is too old to fight, he'll just kill you.)
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To: massmike
Three lawsuits brought by men who said a former Elmo puppeteer sexually abused them when they were underage were tossed out by a judge who said in a decision published Monday that the men waited too long to sue.

Ping for later

8 posted on 07/02/2013 5:57:34 AM PDT by Alex Murphy
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To: massmike

Didn’t they go after priests from years ago??


9 posted on 07/02/2013 5:58:51 AM PDT by FES0844
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To: FES0844

Yes they did......


10 posted on 07/02/2013 5:59:49 AM PDT by massmike (At the heart of every Paul-bot argument is the fear that someone will keep them from their weed!)
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To: massmike

Huh? Where/are the lawsuits against Catholic Priests held to the same standard?


11 posted on 07/02/2013 6:00:50 AM PDT by Incorrigible (If I lead, follow me; If I pause, push me; If I retreat, kill me.)
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To: massmike

Loop holes are for the few.


12 posted on 07/02/2013 6:03:20 AM PDT by Vaduz
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To: massmike

“In 1994, President Bill Clinton nominated Koeltl as a U.S. District Judge for the Southern District of New York, a position he still holds today.”

http://en.wikipedia.org/wiki/John_G._Koeltl

Elections have consequences.


13 posted on 07/02/2013 6:10:31 AM PDT by Eccl 10:2 (Prov 3:5 --- "Trust in the Lord with all your heart and lean not on your own understanding")
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To: Eccl 10:2

What is the law on the statute of limitations for molestation/sexual abuse?


14 posted on 07/02/2013 6:29:12 AM PDT by garyb
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To: jsanders2001

Got that right. I personally know of Catholic parishes that were sued THREE DECADES after alleged abuse by a
Priest occurred. This does not pass the smell test.


15 posted on 07/02/2013 6:31:27 AM PDT by Buckeye McFrog
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To: massmike

Bingo.

In fact, California changed the statute of limitations in 2003 to reopen cases going back 30 years or more against the Catholic Church, and against the Catholic Church only.

They are doing it again. See SB 131. Because trial lawyers haven’t finished off the Church yet.


16 posted on 07/02/2013 6:32:53 AM PDT by reagandemocrat
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To: massmike

I agree with this ruling and think the principle should be applied to all cases of this type. Including those against the clergy. Once a “victim” reaches 18 they should have two years (or whatever the statute of limitations is for an intentional tort) to bring suit or it is barred by the statute of limitations.


17 posted on 07/02/2013 6:40:45 AM PDT by circlecity
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To: Buckeye McFrog

It pays to be a black Pedophile.


18 posted on 07/02/2013 6:46:00 AM PDT by Venturer
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To: Vaduz

The concept of a statute of limitations has been around for hundreds of years. Without any further info that is in this article, the judge appears to have done the only thing he could do: dismiss under the law of the state. We have to be careful about picking and choosing when we want activist judges, the very thing we rail against the liberals about.

The acts alleged are heinous and shocking. They waited too long.


19 posted on 07/02/2013 7:19:49 AM PDT by jagusafr (the American Trinity (Liberty, In G0D We Trust, E Pluribus Unum))
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To: chris37
Dear judge,

The age of the victims has no bearing whatsoever on whether or not a crime was committed, nor does the time elapsed between the occurrence of the crime and their taking action on it.

There should be no time limit on pervert crimes.

The problem is, there is a time limit on (most) "pervert crimes." The judge correctly followed the law of the State of New York here. The issue is with the law, not the judge.

20 posted on 07/02/2013 7:56:21 AM PDT by Conscience of a Conservative
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To: jagusafr

Strange how the same didn’t apply to the priests who did the same acts?.


21 posted on 07/02/2013 11:24:54 AM PDT by Vaduz
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To: chris37
There should be no time limit on pervert crimes.

Agreed.

This ruling is a disgrace that suspiciously smacks of a self-serving conflict of interest of a homo-friendly judiciary.

22 posted on 07/02/2013 11:29:12 AM PDT by USS Johnston (Is life so dear or peace so sweet as to be bought at the price of chains & slavery? - Patrick Henry)
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To: Conscience of a Conservative; chris37
The problem is, there is a time limit on (most) "pervert crimes." The judge correctly followed the law of the State of New York here. The issue is with the law, not the judge.

Have you any knowledge on just how long this particular NY law and statute of limitation has been in effect? Was it enacted by the NY's state legislature or as an EO by a Governor?

23 posted on 07/02/2013 11:33:36 AM PDT by USS Johnston (Is life so dear or peace so sweet as to be bought at the price of chains & slavery? - Patrick Henry)
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To: Conscience of a Conservative

Oh yes, I agree. I do not like that limitation though, I think it should be removed.

Sometimes it takes victims of such crimes time to muster the courage needed.


24 posted on 07/02/2013 11:35:36 AM PDT by chris37 (Heartless.)
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To: USS Johnston

I personally do not have any knowledge of the limitation. I do believe that the limitation should be removed. It seems that such a limitation only serves to help the perp and not the victim, and that does not seem right to me.


25 posted on 07/02/2013 11:36:56 AM PDT by chris37 (Heartless.)
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To: Vaduz

I assume you’re talking about one state’s change of limitations as to priests only. Limitations for crimes charged under state law are governed by that state’s law. If a state’s legislative body chooses to lift the statute of limitations and apply it retroactively, while it certainly smacks of ex post facto, that then becomes the law.


26 posted on 07/02/2013 11:59:47 AM PDT by jagusafr (the American Trinity (Liberty, In G0D We Trust, E Pluribus Unum))
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To: jagusafr

As I stated the law is only for the few.


27 posted on 07/02/2013 12:15:30 PM PDT by Vaduz
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To: garyb

What is the law on the statute of limitations for molestation/sexual abuse?

$$$$$$$$$$$$$$$$$$$$$

Apparently the length of time is directly proportional to the perp’s distance from the Liberal agenda.


28 posted on 07/02/2013 1:28:32 PM PDT by Eccl 10:2 (Prov 3:5 --- "Trust in the Lord with all your heart and lean not on your own understanding")
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To: Vaduz

Not sure how that tracks with my explanation...


29 posted on 07/02/2013 2:05:18 PM PDT by jagusafr (the American Trinity (Liberty, In G0D We Trust, E Pluribus Unum))
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