Posted on 10/20/2005 7:27:59 PM PDT by lexfreedom
Students testify that ex-Lexington school janitor exposed himself
By Mac Daniel, Globe Staff | October 14, 2005
Prosecutors dropped a charge of disorderly conduct yesterday on the opening day of the trial of David D. Swan, the former Lexington school janitor charged with exposing himself and talking inappropriately to preteen students. And for the first time since his arrest, a nervous Swan took the stand to see whether he understood the impact of waiving his right to a jury trial. Swan, 44, is now charged with two counts of open and gross lewdness and one count of disorderly conduct in the case, which involves allegations that date back five years in some cases. He was indicted by a Middlesex grand jury in August 2002 but has vehemently denied the charges. His defense lawyer, Denise C. Moore, yesterday declined to speak to reporters but suggested through her cross-examination of students that Swan is a victim of overzealous prosecutors and a local hysteria fueled in part by her client's homosexuality. As for the allegation that he exposed himself to students between 6 and 11 years old, Moore told Middlesex Superior Court Judge Catherine White that Shaw was not exposing himself, but ''doing what every man does in front of a urinal; that is, urinate." She said none of the students contacted authorities, who were nearby in the building. ''The allegations of nasty talk are not criminal," Moore said. Swan took the stand before the trial began to answer questions from White. He said he has no mental health problems but has taken the drug Paxil for panic attacks for the past five years. His mother and partner sat in the courtroom.
(Excerpt) Read more at boston.com ...
Perhaps this is why the Lexington Schools feel compelled to introduce the topic of homosexuality in kindergarten, in order to combat the "hysteria".
The events triggered a yearlong investigation by Middlesex District Attorney Martha Coakley into the way Lexington school officials handled allegations of child sexual harassment.
Boggles the mind.
Man found guilty of lewdness at school
October 19, 2005
A former Lexington elementary school custodian was convicted yesterday on charges of inappropriate sexual misconduct directed at several students, the Middlesex District Attorney's office announced. David Swan, 44, was found guilty by Middlesex Superior Court Judge Catherine White of open and gross lewdness, indecent exposure, and disorderly conduct in student restrooms at Fiske Elementary School between September 2000 and January 2002. Swan, who waived a jury trial, is expected to be sentenced on Nov. 21.
Swan guilty
By Bethan L. Jones/ Staff Writer
Lexington Minuteman
Thursday, October 20, 2005
David Swan, a former Fiske Elementary School custodian, was found guilty on three counts at Cambridge Superior Court Tuesday morning.
Swan, who resigned from his position as head custodian at the school in April 2002, was found guilty of one count of open and gross behavior, one count of disorderly conduct and one count of indecent exposure. Swan, a Lexington resident, will be sentenced on Nov. 21.
He was charged with these crimes after several Fiske students came forward stating Swan had made suggestive comments and exposed himself in the boys' bathroom on multiple occasions. He was arraigned in August 2002.
The original charges included a second count of open and gross behavior of which Swan was cleared, and an additional charge of disorderly conduct which was dropped.
"This is not an easy case," said Judge Catherine White, who presided over the case - a bench trial - and made the final determination as Swan waived his right to a trial by jury. "What happened here was not routine, innocent use of the bathroom, but criminal activity."
Swan defended his use of the boys' bathroom, claiming several adult faculty and staff would use the facility, even though staff bathrooms were provided in the former Fiske building. Lexington Public Schools do not have a policy forbidding adults from using student restrooms. He also denied striking up conversations with students in the bathroom.
During the trial, which began Oct. 13, Swan's four accusers took the stand, recounting their experiences for the court. All are former Fiske students who attended the school in the 2000-2001 academic year.
During their testimony, two of the accusers recounted an incident where Swan spoke about his genitalia while a third accuser testified Swan displayed his penis in the boys' bathroom.
"I was kind of embarrassed and kind of threatened," said one accuser, now 14, who had the encounter while in the fourth grade.
Assistant District Attorney Elizabeth Dunigan who brought the accusers to the stand, was responsible for proving the students were "shocked and alarmed" by the acts, which is called for in the statute and case history.
Defense attorney Denise Moore claimed the boys, who did not report the acts to any one in the school but to their parents - in some cases, months after the fact - did not show themselves to be overly concerned by the incidents.
"He had a legitimate reason to be in those bathrooms," said Moore. "[David Swan] did what every man does in front of a urinal: urinate."
"This was not an innocent use of a bathroom," said Dunigan. "We're here because of the number of times ... how he stood and what he said."
The first accuser, now 15, said he had known Swan since beginning at Fiske in the third grade had always regarded him as "a really nice guy." The young man told the court he had always noticed Swan in the bathrooms of the school but had never had any incidents with Swan until September 2001 when the student and another accuser, now 16, were assisting Swan with some chores around Fiske.
Both boys said Swan made reference to his genitalia, adding Swan said he would not be able to have a female physician as he would feel uncomfortable with her "touching his balls."
One of the accusers added Swan inquired whether he was physically mature enough to ejaculate.
Another accuser, now 14, said he had noted Swan always using the boys' restroom, only using the urinal intended for small children. He added he had seen Swan with an erection while using the facility.
A fourth accuser, now 15, said he too had witnessed Swan using the small urinal in the boys' restroom, adding Swan would also come and use the urinal next to him and try to engage him in conversation.
"I'd try and hurry up and get out of there," he said.
The accuser recounted a conversation Swan had with him and another student about getting a penis piercing. He also discussed a conversation with Swan when he was no longer a student at Fiske but visiting the school when his younger sister was still a student there. The accuser said Swan, after taking note of his sister and her friend in ballet clothes, asked him what he thought wearing a leotard would feel like on his genitals.
The mother of the accuser took the stand and testified the conversation about the leotard made her son "extremely anxious to leave" the school. She later went and informed then Fiske principal Anne Mikulski of her son's interactions with Swan.
On the stand, Mikulski and then-LPS human resources director Kelly McCausland testified Swan was placed on paid administrative leave in early September 2001 in response to accusations of misconduct. He returned to work after the Lexington-led internal investigation found the two accusers' stories to have inconstancies. Swan was again placed on leave in early December 2001 when additional complaints were made.
Swan will be sentenced on Nov. 21 at Cambridge Superior Court.
Thanks for the ping Lex!
If you want on/off the ping list let me and little jeremiah know.
Free Republic homosexual agenda keyword search
THE MARKETING OF EVIL How 'gay rights' is being sold to America Americans Worshipping New God Called Tolerance Parents Cast Fight as Sexual vs. Religious Tolerance: People angry at schools' 'gay agenda.'
Ah, the ole "he was a victim" defense.
Ex Lex Sex Exp?
Ex Lex Sex Exp?
MiddleSEX Ex Lex Sex Exp even!
He waived his right after waving his fudgepacking device.
Thanks for the ping. Wow.
''The allegations of nasty talk are not criminal,"
Another WOW.................just WOW!!!!!!
He suffers from quite a bad one that should merit his access to children be restricted and or supervised/monitored -the pink elephant in the room - THE HOMOSEXUAL DISORDER... DUH!!!
II. Applications10. "Sexual orientation" does not constitute a quality comparable to race, ethnic background, etc. in respect to non-discrimination. Unlike these, homosexual orientation is an objective disorder (cf. "Letter," No. 3) and evokes moral concern.
11. There are areas in which it is not unjust discrimination to take sexual orientation into account, for example, in the placement of children for adoption or foster care, in employment of teachers or athletic coaches, and in military recruitment.
13. Including "homosexual orientation" among the considerations on the basis of which it is illegal to discriminate can easily lead to regarding homosexuality as a positive source of human rights, for example, in respect to so-called affirmative action or preferential treatment in hiring practices. This is all the more deleterious since there is no right to homosexuality (cf. No. 10) which therefore should not form the basis for judicial claims. The passage from the recognition of homosexuality as a factor on which basis it is illegal to discriminate can easily lead, if not automatically, to the legislative protection and promotion of homosexuality. A person's homosexuality would be invoked in opposition to alleged discrimination, and thus the exercise of rights would be defended precisely via the affirmation of the homosexual condition instead of in terms of a violation of basic human rights.
And yet a Christian who wants to keep pro-homo books out of the hands of his child is treated like a criminal. Par for the course.
Exactly right! And the Lexington schools are STILL treating David Parker like a criminal, even though the DA has declined to prosecute the "trespassing" charge.
http://www.freerepublic.com/focus/f-news/1505880/posts
Contrast that with these details in the Globe article:
Eventually, the case was reported to the state Department of Social Services and to Middlesex prosecutors.
Swan was suspended, then reinstated after an investigation by school officials initially cleared the custodian.
Three months later, Swan was suspended again when more families came forward. He resigned in April 2002 after Lexington's superintendent of schools began proceedings to fire him.
Someone who has clearly harmed several children gets reinstated and a father trying TO PROTECT his child gets arrested!
Support David Parker ! Visit:
Exactly right! And the Lexington schools are STILL treating David Parker like a criminal, even though the DA has declined to prosecute the "trespassing" charge.
http://www.freerepublic.com/focus/f-news/1505880/posts
Contrast that with these details in the Globe article:
Eventually, the case was reported to the state Department of Social Services and to Middlesex prosecutors.
Swan was suspended, then reinstated after an investigation by school officials initially cleared the custodian.
Three months later, Swan was suspended again when more families came forward. He resigned in April 2002 after Lexington's superintendent of schools began proceedings to fire him.
Someone who has clearly harmed several children gets reinstated, yet a father trying TO PROTECT his child gets arrested!
Support David Parker ! Visit:
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