Perlitz

After a flurry of motions the day before, the hearing on the detainment of Doug Perlitz ‘92 was largely anticlimactic.

On a rainy Wednesday morning, Perlitz was led into the Court Room 3 at the Richard C. Lee U.S. Court House in New Haven with a denim jacket covering his khaki prison jumpsuit, with his family sitting behind him for support. Meanwhile, a group of Haitian supporters sat across the court room, stating they were providing a voice for the children.

William F. Dow III, Perlitz’s lead lawyer, opened by saying that the federal Magistrate Judge Joan G. Margolis had set forth conditions for release, but the defense had not yet met the requirements. Dow asked for the right to continue the matter at a later date if the defense should choose to. The government’s petition for detainment was granted without prejudice.

“It’s an extraordinary bond requirement,” said Dow after the hearing. “It involves a bunch of moving parts, like playing three-level chess.”

He said that the bond issues were largely mechanical and that the defense plans to eventually contest the detention once it has better met the bail requirements. During the initial portion of the hearing, before the 20 day recess and continuation, the judge seemed to indicate that she would accept a bond in the $4-5 million range along with increased third-party custodians.

This hearing comes on the heels of two motions filed yesterday, one by Dow outlining a new proposed package for release, which included 19 other people to raise bail money along with 12 more third-party back-up custodians. Dow said that motion was just an outline of a package and that it is a”dynamic one, not a static one, pieces have to be filled in.”

That motion was followed by a rebuttal by the government. The government also attached “Exhibit A,” which stated that after a very preliminary investigation by an Immigrations and Customs Enforcement agent, Perlitz’s computer was found to contain over 100 images of nude black males performing sex acts along with numerous URLs to various sex Websites.

“We haven’t seen any information about what they are alleging with the computer,” said Dow. “There is nothing illegal about any of the conduct the government described.”

He added that these type of allegations are intended to serve as “lightening rods” to raise support for the prosecutor’s case in the public eye.

But in the end the allegations may have accomplished that goal, at least according to those who attended to speak against Perlitz’s potential release. The new information may have helped turn the tide against releasing Perlitz, according to Henri Alexander, a lawyer and member of the Haitian Lawyers Leadership Network (HLLN). He said that he thought that some people who may have been willing to support Perlitz now do not want their names associated with the case.

Alexander, along with Ezili Danto, the founder of the HLLN, attended the hearing along with 10 Haitians to give the people of Haiti a voice after the previous hearing which was well-attended by Perlitz supports, a fact pointed out several times by Dow during that portion of the hearing.

“We’re not too, too informed about the case,” said Odelin Francois, the president of Global Network for Progress, which strives to provide impoverished children an education. “But from what we’ve heard, we feel he is praying on poor black kids. He gives them bread and education so he can use them. Black kids are not for sale and not for abuse. We can provide for ourselves, we don’t need these people.”

Gina Magloirie, another Haitian who came up from New York City to support the motion to detain Perlitz, said that the next time, even more Haitians would come. She compared it to the time when Haitians were blamed for AIDS and they “shut down New York City and marched across the bridge. We made history and we will do it again.”

She was referring to April 1990 when more than 50,000 people crossed the Brooklyn Bridge, poured in lower Manhattan and surrounded City Hall to protest a Food and Drug Administration ban on blood donations from Haitians as a precaution against spreading AIDS.

Magloirie said that she and her fellow Haitians will come to the court house “until the judge is tired of seeing our faces. We will be here in snow, rain, we don’t care.”

After the hearing, supporters of detaining Perlitz stood outside holding signs with phrases such as, “Justice for the Haitian Children,”No Bail for Pedophile,” and “Doug Perlitz Pedophile.”

Paul Kendrick ‘72, who has spoken out against releasing Perlitz on bail, also attended the hearing, making the trip from Maine. Kendrick plans to meet with Fairfield University administrators in early November and call on them to raise money for the school in Haiti that Perlitz founded. It is currently being supported by remaining members of the Haiti Fund, including current chairman Michael McCooey, who split away when allegations were made against Perlitz. They did not sign a letter, as some board member did, defending Perlitz.

Kendrick again emphasized that the University should try to help the suffering Haitian children, rather than try and distance themselves from the case. The Project Pierre Toussaint school is currently being watched by guards paid for by McCooey, according to Kendrick, because it is a target for looting and vandalism.

Pictures from the protest outside the courthouse

Perlitz

Two motions were filed on Tuesday in the Douglas Perlitz ‘92 case in preparation for his detention hearing on Wednesday Oct. 28.

Memorandum in Further Support of Release on Bond

The first motion, filed by Perlitz’s lead attorney, William F. Dow III, submits a revised proposal for Perlitz’s release. The initial proposal included a bond secured by four parcels of real estate owned by Perlitz’s mother, brother and step-father, appraised at a value between $1.9 and $2.3 million.

In the memorandum filed Oct. 27, Dow says: “Defendant has secured commitments from approximately 19 additional individuals or couples … Most of these commitments are for $100,000; some are considerably higher, as high as $325,000. The total of the commitments from Connecticut residents is approximately $1.1 million; the total of the commitments from out-of-state residents is approximately $1.8 million.”

Dow also says they are prepared to submit paperwork “demonstrating that these individuals are people of fine standing within the community, as well as of sufficient financial means that their commitments are meaningful.” However, he asks the court to keep the information private.

At the first hearing, Anthony and Laura Sirianni volunteered to become third-party custodians for Perlitz if he were to be released. Dow now proposes a group of “back-up” custodians who would be called upon if the Siriannis had to leave their home.  A member of the local bar has also volunteered to serve as the coordinator for this group.

Dow concludes by writing, “Defendant submits that this custodial monitoring arrangement, coupled with the other monitoring – both electronic and GPS-based – to be ordered by the Court will provide sufficient assurance that Mr. Perlitz will not flee if released, or otherwise pose any threat to any member of the community.”

Government’s Supplement Memorandum in Support of Motion to Detain

The government responded with a motion of its own to refute the notion that Perlitz should be released.

“In short, Douglas Perlitz should remain detained because there are simply no set of conditions that can ensure that he will not be a danger to the community or that he will not flee prior to the trial,” the memorandum submitted by United States Attorney Nora. R. Dannehy and by Assistant United States Attorney Krishna R. Patel.

The government refuted the additional money raised by Perlitz because they would be executing a non-surety bond, which allows a signature alone to guarantee the amount.  The government wants each individual to post collateral so that the government is able to place liens on the property or money.

The government also objected to the use of 12 back-up custodians to the Siriannis. The government’s memorandum said, “The government understood that the Court was requesting additional guardians to supplement – not act as back-up guardians – for the Sirrianis [sic].” The government would also like to see the Siriannis post some collateral so they have incentive to monitor Perlitz. It also argued that the use of 12 rotating back-ups was “absurd.”

The memorandum goes on to says: “The Government has provided the Court with information that the defendant was: (a) telephonically communicating with individuals in Haiti up until his arrest; (b) that he was wiring money to individuals in Haiti which the Government believes was done to buy the silence of additional children; and (c) that defendant instructed other individuals here in the United States to assist by taking actions to frustrate the Haiti Fund’s investigation of Perlitz’s conduct.”

The government also argues that there has never been a case involving federal charges of hands-on abuse where the defendant was released in this District.

The government also provided additional information for the Court to consider in making the decision whether or not to release Perlitz. Attached to it memorandum was “Exhibit A,” which features very preliminary findings by an ICE forensic examiner relating to a computer found from Perlitz at the time of his arrest in Colorado.

Perlitz visited websites such as:

www.boyreview.com
www.dominicanboys.com
www.afriboyz.com
www.blackgayporn.net
www.blackinterracialgay.com
www.islandboys.com
www.blacksonboys.com
www.extreme-gayboys.com
www.cocktailboyz.com
www.boysfirstime.com
EXTREME-GAYBOYS.COM
www.photosgayboys.com/teenboys
www.spankteenboys.com
forum.afriboyz.com
www.youngtwinkboys.net
www.allboysgay.com
www.adventuresofgayboys.com
www.nudeafricanboys.com

Also, the document stated, “Numerous (over 100+) image files depicting nude black males were recovered. Many of these files depicted younger-looking black males engaged in graphic homosexual activity (e.g. oral and anal sex.)”

Check back tomorrow for updated coverage after the hearing in New Haven, CT at 11 a.m.

Perlitz

Sexual assault awareness groups and Haitian activists have stepped up the pressure on U.S. Magistrate Judge Joan G. Margolis, encouraging her to not release Doug Perlitz ‘92 when he goes before her again in New Haven on Oct. 28.

SNAP, the Survivors Network of Those Abused by Priests, held a sidewalk press conference outside of the gates of Fairfield University on Thursday afternoon, while Haitian activist Ezili Danto/Marguerite Laurent, has started a letter-writing campaign, encouraging letters to be sent to Margolis.

Meanwhile. the hearing date was moved from Tuesday Oct. 19 to Wednesday, Oct. 28, at 11 a.m., in New Haven at the Richard C. Lee United States Court House. While no reason for the shift was provided by Thomas Carson, a spokesperson for the U.S. Attorney’s Office, Ezili Danto said in an email she is worried the move may deter those planning to attend from coming on Oct. 28.

“This is a sign of the intense efforts on the parts of Perlitz’ people to get him off on bond. They know we had intended to be in court on the 19th in full force,” Ezili Danto said in her email. “Please do not let this postponement stop our efforts to give voice to the voiceless children of Haiti affected by the Doug Perlitz case. Let’s redouble our efforts, keep sending letters to the judge.”

Perlitz’s attorney, William F. Dow III, said to the Connecticut Post, that he is worried the actions of Ezili Danto and Paul Kendrick ‘72, another activist, will taint the jury pool and make it difficult for people to assume Perlitz’s innocence.

“When people bring out the pitchforks and the torches, they infect everybody and cripple the presumption of innocence,” Dow said to the Post.

But Kendrick replied in the same article, ““there is nothing to stop him from using prepaid phone cards or prepaid cell phones to continue his threats and intimidation of his victims in Haiti.”

SNAP Holds Sidewalk Press Conference Outside University Gates

Fr. Eugene O'Brien

On Thursday at 1 p.m. two members of SNAP, the Survivors Network of Those Abused by Priests, spoke to reporters outside of the gates of Fairfield University on North Benson Rd. to raise awareness about the sexual abuse scandals involving both Perlitz and former Fairfield Prep principal, Fr. Eugene O’Brien.

Perlitz is charged with 10 counts related to allegations that he abused boys at Project Pierre Toussaint, a school he founded in Haiti. O’Brien worked at Fairfield Prep from 1983 to 1985 and he allegedly abused a teenaged student in the 1970s while working at Fordham Prep in the Bronx. A settlement of $25,000 was reached between the Jesuits and his accuser, according to a New York Times article.

“We want to call on the Jesuits to use their resources to help seek out other victims,” said Jim Hackett, an abuse survivor and member of SNAP. “We hope they work with the prosecutors to ensure he [Perlitz] is tried. We do not want them to partake in the tactics the Catholic church has used in the past – duck and dodge and intimidate those who bring charges.”

Hackett spoke along with Gail Howard, a fellow member of the group and survivor.

“We want to know when did the support for Perlitz originate, how was it handled, when did [the University] learn what was going on and what did they do when they learned of it,” said Howard. “We want them to actively make sure he is never back on the streets.”

Hackett and Howard also requested that the University send a letter to Margolis, asking her not to release Perlitz on bond.

SNAP hopes that as more attention is brought to cases like the Perlitz and O’Brien cases, other victims will come out with their stories. Hackett and Howard said that they expect that there are more victims, especially of O’Brien, who are afraid to speak up.

“Everytime a story comes out, two or three or more [victims] come forward. I was molested in 1976 in Hamden and kept it between myself and my parents for 25 years,” Hackett said.

In 2002 a case was brought against Hackett’s abuser and he said that gave him the courage to come forward with his story.

“I learned that I was not the only one,” Hackett added.

Haitian attorney, activist starts letter-writing campaign to keep Perlitz behind bars

Ezili Danto

Ezili Danto, the President of the Haitian Lawyers Leadership Network, wrote an article on Salon.com encouraging supporters of Haitian children to send letters to Margolis encouraging her to keep Perlitz in prison throughout his trial.

“The Haitian Lawyers Leadership Network’s started the letter writing campaign to give voice to the voiceless children victims without any access to the judge, to newspaper editors, to plane tickets or any other resources whereby they can tell their side in this case,” Ezili Danto said in an email to The Mirror. ” In contrast Mr. Perlitz may be able to raise $5 million to apparently put up on bond.”

Ezili Danto said that her organization has known about the case since 2005, but let it play out in the correct channels. When she learned that the judge was even considering releasing Perlitz, she decided it was time to speak out.

“It is not the norm to release accused pedophiles back into the community. That the access to funds, the Western narrative and privilege, could further endanger the lives of these children is horrifying, as it was privilege and access that seems to have allowed this crime of opportunity in the first place – that is, if the allegation are prove,” said Ezili Danto. “Perlitz’s resources ought not to be used against these children again.”

Ezili Danto has written frequently on sexual tourism involving Americans in Haiti and believes that members of the Fairfield community stumbled into a bigger problem than they knew, providing money thinking it was helping Haitian children, while really hurting them.

“I am sad that good people with good intentions are brought into such a hellish case,” Ezili Danto said. “But sexual tourism is not new. The use of Haiti’s pain and negative neocolonial image to further exploit Haitians is not new. It has been going on in Haiti and Africa since the days of the old missionaries.”

Activist Paul Kendrick ‘72, another activist for sexual abuse victims has also encouraged letters be sent to Margolis, and sent a letter of his own. The lengthy letter breaks down the reasons for why Perlitz should not be released. He also sent a letter to Dow, Perlitz’s attorney, asking him to “act as a responsible and accountable member of the community by using your own common sense to help protect children from being sexually abused.”

He also stated that if Perlitz is released into the Fairfield community, he and other activists will warn the neighbors that Perlitz is living near them.

“If you and Perlitz get your way, Mr. Dow, we will distribute warning leaflets to neighbors about Perlitz’s background and dangerous presence in the Fairfield community,” Kendrick wrote in the conclusion of his letter. “After all, children depend upon the adults in their lives to protect them.”

Perlitz arraigned

Douglas Perlitz ‘92 appeared in court for the first time on Thursday to be arraigned on 10 counts involving sexually abusing children in Haiti.

In front of a packed courtroom at the Richard C. Lee Federal Courthouse in New Haven,  Perlitz, dressed in prison khakis, stood with his hands clasped behind his back and leaned forward to plead not guilty to seven charges of traveling overseas to engage in sexual conduct with minors and three charges of engaging in illegal sexual conduct with minors. Each charge carries a maximum 30-year prison term and a $250,000 fine.

But first, arguments were heard on a motion filed by the government to detain Perlitz until his trial.

Perlitz

Assistant U.S. Attorney Krishna Patel argued that Perlitz was a flight risk, a danger to the community, and needed to be detained until his trial. William F. Dow III, Perlitz’s attorney, responded by saying that Perlitz has no criminal record, except for a DUI this year in Colorado.

Dow also put together a package to try to secure Perlitz’s release. Perlitz’s mother offered to put up two houses, his brother another one and his uncle a fourth house for a total worth of 1.9-2.3 million dollars. Dow also argued that Perlitz’s community was 2,000 miles away in Haiti, so therefore Perlitz was no danger to the Fairfield community. Dow also said that the government has no tangible evidence and that this is a “credibility case.”

He painted a picture of Project Pierre Tousaint turning into a “Hatfield-McCoy situation” in which the group split over the allegations against Perlitz. He also noted that the Haitian National Police interrogated the boys, and according to a U.S. government study, the HNP is underfunded, under-trained and unreliable.

Dow also proposed that Perlitz be released to a third party custodian. Anthony and Mary Sirianni of Fairfield have offered to house Perlitz and monitor him if he should be released before his trial. He also proposed that Thomas Tisdale ‘78, a Southport lawyer and former board member of the Haiti Fund, could hire Perlitz on a limited basis until his trial. He finally argued that housing Perlitz in Rhode Island until his trial would interfere with his 6th Amendment right to counsel because contact with his attorneys would be limited at such a far distance.

An officer for the U.S. Probation and Pretrial Services System also recommended Perlitz be released. He thought the financial package was sufficient and that while “it isn’t a perfect system, but it’s the most reliable and the risk can be minimized.”

Patel had numerous problems with this proposal for Perlitz’s release. She wanted to make sure that Perlitz has no contact with potential witnesses or anyone involved in the trial, including all board members, some of whom “engaged in conduct of a very disturbing nature,” according to Patel.

At the hearing, Patel also questioned Mary Sirianni, the woman who offered to house Perlitz should he be released. Sirianni is a registered nurse while her husband, Anthony, is a wheelchair-bound retired lawyer with multiple sclerosis. Sirianni said she is receiving no compensation for offering to house Perlitz and that she and her husband were looking for a way to give back to the community. She admitted that she knew the Tisdales, who support Perlitz’s innocence, and that she met Perlitz once for 10 minutes at a birthday party. She also said that she had spoken to Fr. Paul Carrier, S.J. multiple times.

After an hour and twenty minutes of debate, U.S. Magistrate Judge Joan G. Margolis continued the hearing to Oct. 19 at 10 a.m. She also indicated that it is likely Perlitz will be released on bail, but with substantially more money involved, most likely between $4-5 million. She also wants more third-party custodians. The government will question all third-party individuals as well to ensure they have no connection to the Haiti Fund.

Jury selection for the trial is scheduled for Dec. 2.

Jesuits break silence

Since a Bridgeport jury returned an indictment for Doug Perlitz ‘92 on Sept. 15, questions have arisen about the role of Carrier, the former director of campus ministry. The indictment refers to “a religious leader, who had met and befriended Perlitz while Perlitz attended college in Connecticut and who frequently communicated with and visited Perlitz in Haiti.” This religious leader chose the board members of the Haiti Fund, which operated as the fund-raising arm of the charity and raised large sums of money.

“The Society has been in direct contact with the U.S. Attorney’s office and has informed that office of Father Carrier’s whereabouts,” the Society of Jesus said in an e-mail sent to the Connecticut Post by Kelly Lynch, a spokesman for the Jesuits. “The Society is cooperating fully with law enforcement in the investigation.”

Lynch also said that Carrier “currently has no assignment and is not performing any public ministry.”

When questioning Siranni, Patel asked if she knew Carrier, and during an objection, Dow said that “the government is extremely interested in him.” The U.S. Attorneys office would only say that the investigation is ongoing and they could not comment.

Doug Perlitz '92

The government has filed a pretrial motion in its case against Douglas Perlitz ‘92, who has been  indicted on 10 charges involving sexual abuse of children in a foreign country. The petition argues  that due to the nature of the violent sexual acts against children, the length of time Perlitz allegedly  abused them, the level of control he held over individuals in Haiti, his access to millions of  donated money and his extensive travel over the past years, that Perlitz should be detained until  his trial.

The motion also says that all nine children who are identified as victims in the indictment have  stated their willingness to travel to the US to testify. Some of the children are now over the age of  18, but at the time of abuse, they were still minors. The government has also obtained video-taped  statements of the boys.

The government further argues that Perlitz is a danger to the community with the allegations of abusing vulnerable children. Even after the allegations publically surfaced in 2007, Perlitz continued to return to Haiti and have boys sleep in his room. After he was directed by the Haiti Fund not to return, he continued to travel to the Dominican Republic to see “his kids” as recently as March 2009, according to statements he made to Immigrations and Customs Enforcement (ICE). He also admitted to being in daily contact with individuals in Haiti and the day before his arrest, he received 17 phone calls from Haiti.

Perlitz also told investigators that he “lost his father” when he was only 24 years old. He continued that “molestation would be tough” but that “victims should just get over it.” He told the ICE agent that he “got over” his father’s death and that the abuse victims “need to move on and get over it.” He also admitted to the agent that he permitted children to stay overnight in his bedroom, but denied any sexual contact.

The government also sees Perlitz as a flight risk and has seized his passports, but it still considers Perlitz a threat to leave. The government argued that for a man with a limited salary, he has done extensive traveling. Perlitz admitted to the special agent investigating the case that he has only $1,000 to his name. Because of this admission, the government will be requesting a Curcio hearing to determine who is paying for his legal fees.

Perlitz will be arraigned tomorrow, Oct. 8 at 2 p.m. Two attorneys from a New Haven firm have filed notices of appearance for Perlitz. William F. Dow III and David T. Grudberg, both partners in the law office of Jacobs, Grudberg, Belt, Dow & Katz. Dow has previously represented the governor of Connecticut and was named the top attorney in Connecticut by his peers in 2008.

Three weeks after being indicted by a Bridgeport grand jury on seven counts of travel with intent to engage in illicit sexual conduct and three counts of illicit sexual conduct in a foreign country, Douglas Perlitz ’92 will stand trial.

According to the U.S. District Attorney’s office, Perlitz will be arraigned on the charges on Thursday, Oct. 8 at 2 p.m. before U.S. Magistrate Judge Joan G. Margolis in New Haven.

Thomas Carson, the spokesman from the U.S. attorney’s office, would only confirm this information and that Perlitz will have new counsel when he gets to Connecticut. He would not comment on whether the University had been notified beforehand or if any other parties have been investigated.

The Connecticut Post reported last week that Perlitz will be housed in Central Falls, R.I. and that the district attorney’s office will ask Perlitz not to be released on bond.
According to the criminal docket for Perlitz’s case, he does not have counsel listed yet. Three U.S. district attorneys will be representing the United States in the case.

The case has been assigned to Judge Janet Bond Arterton.

Recap of indictment (selected points):
11. Between 2002 and 2008, slightly over $2 million was transferred from the Haiti Fund to an account that Perlitz controlled.

14. In order to persuade the children to comply with sex acts, Perlitz provided the promise of food and shelter and provided monetary and other benefits, including currency, cell phones and other electronics, shoes, clothing, and other items.

19. If minors refused to engage in sex acts, Perlitz would at times withhold benefits or threaten to expel them from the program.

31. After allegations of long-term sexual abuse by Perlitz surfaced, Perlitz used his relationship with a religious leader and influential Board Members to continue to conceal and attempt to conceal his illegal sexual conduct.