Maryland Waltzing in two different directions at the same time > Opens courts for CSA lawsuits, but limits State's liability

 

Lawmakers approve bill to limit claims on child sexual abuse lawsuits

Senators, delegates grapple with balance between rights of victims and the need to protect the state from billions in damages

Lawmakers gave final approval Saturday to a bill designed to give survivors of childhood sexual abuse their day in court, while shielding Maryland from what could be billions of dollars in payouts for such claims.

The rapid-fire passage of House Bill 1378 — it got out of the House, through the Senate, back to the House and to the governor’s desk in just two days — followed two weeks of often emotional and sometimes personal debate about the bill.

The bill is a response to the Child Victims Act of 2023, which lifted the time limit during which people could file lawsuits against public or private institutions where they claimed they had been sexually abused as children. That bill was a victory for Del. C.T. Wilson (D-Charles), a child sexual abuse survivor himself who had spent years pushing for the measure.

But Wilson sponsored HB1378 this year after thousands of people lined up to file claims against the state and it became clear that damages could rise into the billions of dollars, potentially bankrupting the state. Many lawmakers who voted for the bill in recent days pointed to the need to protect the state while allowing survivors their day in court.

“On balance, I think this is the right way to go,” said Sen. William C. Smith Jr. (D-Montgomery), chair of the Judicial Proceedings Committee that passed the bill late Saturday morning. The full Senate passed it 36-7 just hours later.

Opponents were divided between those who said the Child Victims Act should never have been approved in the first place and those who said the bill to fix it was either unconstitutional or wrongly hurt victims — or both.

Senate, House approve Second Look Act in quick succession, send it to governor

“This is the most knowingly unconstitutional piece of legislation this legislative body has ever passed,” said Corey Stern, an attorney representing child sexual abuse survivors, in a text after Saturday’s full Senate vote. “The members who voted for it should be ashamed of themselves. The leadership that insisted they do should be voted out of office.”

The Child Victims Act capped awards against public institutions, like the state, to $890,000 per incident for an abused child. It set the cap for private institutions, like the Catholic Church or scouting organizations, at $1.5 million.

HB1378 would lower the cap for public institutions to $400,000 and for private institutions to $700,000 for cases filed June 1 or later, when the new law takes effect. Claims before that would be subject to the original rules. The bill would also cap fees for attorneys at 20% for cases that settle out of court and 25% for cases that result from a court judgment.

The bill also narrows the scope of the term “incident,” so that all crimes by one abuser against one victim would count as one incident, rather than one incident for every separate assault.

Del. Luke Clippinger (D-Baltimore City), who spoke on behalf of Wilson during a Senate Judicial Proceedings Committee hearing on the bill Friday, said about 1,500 lawsuits have been filed since the Child Victims Act was passed, and another 4,000 cases are waiting to go forward.

Sen. Jack Bailey (R-Calvert and St. Mary’s) was one of seven Senate Republicans to vote against the bill Saturday. He also voted against the Child Victims Act two years ago.

“I did not feel it was appropriate that if the General Assembly allowed these current victims to receive compensation based on a decision we made, that now all of a sudden, we should change that,” Bailey said after Saturday’s vote.

Much of the Senate debate was between Smith and Minority Whip Justin Ready (R-Frederick and Carroll). Ready said it “was a mistake” for the legislature to pass the 2023 measure that lifted previous statutory time limits and allowed survivors to sue their abusers or organizations that harbored them “at any time.”

“Hindsight is always 20-20,” Smith said.

“But there was foresight. I think people didn’t want to say ‘no’ to the pressures. Not do something, but slow down,” Ready said.

After about 25 minutes of debate, the Senate give the bill preliminary approval before suspending the rules so that the bill could go to third reading, or given final approval, on the same day.

Before the final vote, Sen. Chris West (R-Baltimore County) said part of the legislation could face an immediate court challenge, especially over the limited definition of incident for victims. West summarized a recent Maryland Supreme Court decision when an incarcerated person in prison was assaulted twice “that occurred within minutes of each other.”

“The whole question that this bill sets up is whether our intent to now limit the cause of action to a single occurrence per claimant, whether that is constitutional,” said West, who voted for the bill. “This is going to be a lawsuit that will surely be filed almost immediately, and it will surely go right up to the Maryland Supreme Court.”

Because the Senate made a technical amendment to the bill, it had to go back the House for review. The House agreed to concur in the Senate amendment on a 92-40 vote, sending the bill to the governor.

 

Maryland Governor Signs ‘No Means No’ Rape Law, Victims No Longer Need to Prove Resistance

Maryland State House. © Martin Falbisoner / Wikipedia

Maryland Governor Larry Hogan (R) signed several bills that intend to make it easier to prosecute rape cases and protect sexual crime victims.

On Tuesday, Hogan signed 211 bills into law during a ceremony at the state house, including SB 217, or “Criminal Law – Sexual Offenses – Physical Resistance,” which eliminates the requirement that victims of sexual crimes prove they physically resisted their assailants. 

“Making Maryland safer begins with making sure that we have a criminal justice system that holds offenders accountable for their actions and the harm they cause, while also supporting victims and the community in the process of healing,” Hogan said in a press release. 

Previously, victims of rape had to prove they did not consent and that their resistance was overcome by “force, or the threat of force,” according to Section 3-303 of Maryland Criminal Law. 

A 2016 BuzzFeed investigation into the Baltimore County Police Department found that the language in the law often allowed police to dismiss rape charges as “unfounded” if they believed that there wasn’t enough evidence that the victim fought back.

The investigation states that even if a victim submitted to sexual acts out of fear for their life, the assailant was able to “walk away without so much as a police interrogation.” Out of the 42 “unfounded” cases Buzzfeed investigated, 15 were dismissed because the victim did not resist enough. 

The bill, signed Tuesday, amends the law, specifically stating, “evidence of physical resistance by a victim is not required to prove that a sexual crime was committed.”

“Given that a victim increases their chances of being maimed or killed, if trying to physically resist the rape, this bill will clarify that a victim of rape does not have to fight the perpetrator or put up physical resistance in order for the court to hand down a guilty verdict,” State Senator Delores Kelley (D-District 10), who sponsored the bill, said on her website.

The bill was unanimously passed by both the State House and Senate before Hogan signed it into law Tuesday.

In addition, Hogan signed SB 308, the Protecting Victims of Sex Trafficking Act, which expands the definition of sexual abuse to include sex trafficking, even in cases where the sexual abuse is committed by a parent or guardian.

All of the laws signed Tuesday will take effect on October 1. 

3 States, 3 Bills on Child Sex Abuse - Legislation Improving Somewhat

Maryland Governor signs bill to help

child sex abuse victims

by John Rydell

ANNAPOLIS, Md. (WBFF) - Maryland Gov. Larry Hogan has signed into law a bill which increases the age victims of child sexual abuse can file civil suits against their abusers.

Current law limits such lawsuits to age 25, but the bill signed by the governor would increase the age to age 38.

This is a big improvement and I congratulate Delegate Wilson and Governor Hogan. I would have preferred that there be no age limit at all, but 38 is certainly much better than 25.

Del. C.T. Wilson, a Democrat who represents Charles County, is calling the signing of the bill a victory for victims of child sexual abuse. 

Three years ago, Wilson disclosed to his legislative colleagues that he was a victim of child sexual abuse. Wilson says: "I want folks to know they're not alone; there are a lot of victims out there. It takes a long time to come to grips with what you're going through. I'm still going through it, and just because the abuse stops, doesn't mean the damage does."

Wilson attended Tuesday's bill signing ceremony at the Maryland State House, where he was hugged by Hogan, who said: "I want to thank Delegate C.T. Wilson for his incredible leadership on this bill."

Wilson says he will not financially benefit from the legislation but he hopes the new law will help other victims. Wilson says: "Most folks don't come to grips with what they've gone through by age 25. Sometimes it takes having children of your own to realize what you've been through and you don't want anyone else to go through it."

Amendments to Penn state sex-abuse bill could kill it

Changes would allow victims to pursue limitless damages

By Karen Langley and Maria Panaritis / Harrisburg Bureau

HARRISBURG — In a move that could doom the measure, a key state House committee Tuesday broadened a child sex abuse bill to allow victims who sue to pursue potentially limitless damages from private and governmental institutions, including school districts.

Under the amended bill, which sparked some debate among members, government entities would lose elements of sovereign immunity, exposing them to large liability awards. It is attached to a new version of a controversial bill that died last year amid battles waged by victim advocates, the Catholic Church and the insurance lobby.

Tuesday’s vote to lift caps on the amount of money sex abuse litigants can collect in lawsuits against governmental entities was viewed by some supporters of expanding child sex abuse victims’ rights as a “poison pill.”

That is because in at least one other state, Colorado, legislation to expose government institutions to lawsuits unleashed the opposition of the school boards association, and failed. Philadelphia Archbishop Charles J. Chaput, then archbishop in Denver, was key in defeating that effort.

Material health means nothing for a Church,

unless it sets the stage for something more important:

renewing the heart and spirit.

Archbishop Charles J. Chaput

The issue of capping public civil payouts was not part of last year’s legislative fight in Harrisburg. That bill died over a different provision that sought to let adult victims of decades-old abuse sue private institutions. That provision is expected to be added to the House bill in the weeks ahead.

The amendment by the committee Tuesday removes much of the shield that last year’s legislation put in place for public entities.

Last year’s legislation would have allowed lawsuits only in the event of “gross negligence.” The bill amended by the House on Tuesday is a Senate bill approved earlier this year to expand the rights of victims to sue. The Senate bill reduced the threshold for suing public entities to just negligence.

That, combined with the House committee’s decision to lift liability limits, significantly exposes institutions that had more protection under last year’s bill.

“The intent of this amendment is to make a level playing field,” said Rep. Joseph Petrarca, D-Westmoreland, who sponsored the cap amendment. “What we’re trying to do is stop this behavior of what’s going on with sexual predators.”

But Rep. Rick Saccone, R-Elizabeth Township, said the removal of stronger sovereign immunity protections, and of the caps on damages, would be unfair to taxpayers.

“I think we should concentrate on going after the perpetrators and make them as accountable as humanly possible,” he said. “The highest offense, the most egregious act that someone could commit, is these types of things, and I think they should be held personally accountable, not the taxpayer.”

The bill, which passed the committee by a 22-5 vote, is expected to reach the House floor later this month. Victim advocates will fight for language allowing adult victims the right to sue for what happened to them decades ago.

The bill approved by the committee retained Senate language to eliminate the criminal statute of limitations for future cases of child sex abuse. But it did not accept the Senate bill’s total elimination of the civil statute. The Senate bill would have placed no time limit on when future victims could sue their attackers or other individuals for child abuse they suffered.

Instead, the House committee chaired by Ron Marsico, R-Dauphin, changed the bill to give future victims up to age 50 to file such lawsuits. Currently, victims have only until age 30 to do so.

A year ago, the House overwhelmingly passed a child sex-abuse bill that contained retroactive rights for people up to age 50 to sue. Its 180-15 vote came at the height of a clergy abuse scandal in the Catholic Diocese of Altoona-Johnstown.

But that controversial provision was removed from the legislation in the Senate, after an intense push by advocates for the church and the insurance industry, who questioned its constitutionality and said it could unfairly punish struggling congregations.

Nebraska child sex abuse lawsuit bill wins initial approval

LINCOLN, Neb. (AP) — A bill that would lift the statute of limitations for child abuse sex victims to sue perpetrators has won first-round approval in the Nebraska Legislature.

Lawmakers advanced the measure Wednesday with a 29-3 vote.

Sen. Bob Krist of Omaha says ending the statute of limitations is important because child sex abuse victims sometimes repress their memories or feel too ashamed to talk about what they experienced until later in life.

A statute of limitations would remain in place for people who were abused before the bill goes into effect if their claims were previously time barred. Victims would have to file lawsuits within 35 years after their 18th birthday or three years after the date when the bill goes into effect, whichever is longer.

As with the Maryland bill, this is a big improvement over the status quo, but, here, leaves victims of historical child sex abuse completely out in the cold. There needs to be a window of opportunity for all victims to sue their abusers.

Armed Rape Suspect Hostage Taking incl. 7yo Girl Ends Well

Armed rape suspect in custody after holding hostages

at Burger King in Baltimore incl. 7yo girl

© Eric Thayer / Reuters

Police in Maryland responded to a hostage situation at a Burger King fast-food restaurant on Sunday. A man holding a gun ran into the restaurant and held four people hostages before he was taken into custody hours later.

A seven-year-old girl was among those held captive by the armed suspect, according to Baltimore police.

"No harm has been done to any of [the hostages]," police spokesman T.J. Smith said, adding that a 70-year-old woman was also among those kept captive.

Two people have been first released during the police operation at the scene, according to the police spokesman. The child remained inside the restaurant until negotiations successfully ended, he added.



The gunman is a suspect wanted on a rape charge, Smith said, adding that he fled from police before barricading himself in the restaurant at 1735 Washington Blvd.

The suspect refused to pull over after he had been spotted by officers, according to the police spokesman. The armed man's vehicle also collided with another vehicle, and the man then fled on foot into Burger King.

 There has reportedly been "some tension" between alleged family members of one of the hostages and the police, an eyewitness tweeted. In another post, she wrote she had been told the armed man was a "big... African American."

More Staff at Maryland School Under Investigation in Child Sex Abuse Case

Faculty at Md. school where alleged child sex abuse took place also under investigation

By Dick Uliano



UPPER MARLBORO, Md. — Former Prince George’s County teacher’s aide Deonte Carraway faces possible multiple life prison sentences if convicted on charges of sexually abusing 23 children at Judge Sylvania Woods Elementary School. But he’s not the only one under investigation.

A grand jury returned a 270-count indictment against Carraway on Wednesday. The 22-year-old also served as a tutor and babysitter.

“There are two investigations going now,” said State’s Attorney Angela Alsobrooks. “We’re looking at how these particular crimes were allowed to occur and whether or not any crimes were committed by individuals who had care and custody of these children.”

Prosecutors say 20 boys and 3 girls ages 9 to 13 were abused on and off school property between August 2015 and February 2016.

A civil lawsuit filed against the school system in February charges that Carraway’s predatory behavior was well known to students, teachers and parents, and even reported to the school’s principal.

“How did this occur? Who, if anyone, knew about it? Are there additional individuals who should be held accountable?” Alsobrooks said, outlining the parameters of the second criminal investigation.

The second investigation could last several weeks or more and it’s unclear whether anyone else will be charged.

“What we’ve learned so far is the laws are not as strong in that area, so we’ll see what we find, but this very well may be an issue that we have to take up in Annapolis in January to ensure that we have the appropriate laws to protect children when others know about these actions and don’t report them,” Alsobrooks said.

Prince George’s County School Superintendent Kevin Maxwell is conducting his own investigation to determine whether any personnel disciplinary action must be taken by the school system.

Child Rape Loophole: US States Seek to Ban Underage Brides

© Mihai Barbu / Reuters

Girls as young as pre-teens are legally able to marry in the US state of Virginia if they are impregnated by their future husband, but now a new bill that just passed the legislature would ban the controversial tradition.

Although they can’t buy alcohol, smoke, vote, or consent to sex, girls old enough to bear children can enter a lifelong commitment of marriage.

The new legislation would establish a minimum age for marriage at 18, with an exception for 16 and 17-year-olds who are legally emancipated from their parents. Bill 415 passed the state House Monday by a vote of 65-29 after passing the Senate last month.

The former Confederate state allows men of any age to marry a girl at any age, as long as she is pregnant and has parental consent.

Four 13-year-olds and 24 14-year-olds, were granted marriage licenses between 2000 and 2013, rather than receive protection from the state’s Child and Family Services department.

4,500 minors in total were wed in Virginia during those 13 years, with nearly 220 under the age of 16.

Ninety percent of those married underage were girls - and 90 percent of them married older adults, according to Tahirih Justice Center.

Thirteen children under 15 are currently married to spouses more than 20 years older than them. In 2013, nine brides were aged between 14 and 15 in Virginia. All were white.

Virginia state Senator Jill Vogel decided to push for the bill after hearing about a man in his 50s in Middleburg who married a teenage girl to avoid questions from authorities. The girl’s mother gave consent, according to AP.

“We make sex with a child under 16 a crime, so it aligns our marriage laws to that so you don’t have situations where young girls are being married off into an abusive relationship,” said Richmond Democrat Jennifer McClellan, who sponsored companion House Bill 703.

Marriage applications for minors are currently filed with court clerks with no judge involvement. The new bill would require minors to go through a family court judge.

The bill seeks to address the issue of coercion or forced marriage, with parental consent no longer being enough to allow a child to be married off.

Parents can be the ones who are forcing their children into marriage, in order to avoid the “shame” of ‘bastard’ grandchildren and the possibility of abuse by an older predator.

The age of consent in Virginia is 18, although some states are as low as 16.

A similar measure has been introduced in Maryland, and a pending bill in New York goes even further. It would make the state the first to ban marriage altogether for anyone under 18.

Worldwide, according to UNICEF, there are more than 700 million women who were married before 18. Numerous studies have concluded that the practice is detrimental to girls’ health, education and economic opportunities, and increases their vulnerability to abuse and violence.

Critics say the practice poses a largely unseen threat in the United States as well.



Although marital rape has been made illegal in the States since 1993, a husband in Virginia can avoid prosecution if he goes to counseling.

One of the senators who voted against the bill to end child marriage, Robert Black, previously argued against criminalizing spousal rape in 2002.

The issue of marital rape made its way into the 2016 presidential election after one of Donald Trump’s lawyers, Michael Cohen, said, “you can’t rape your spouse.”

Trump denounced Cohen’s statements and tried to distance himself from the lawyer, even though Trump’s ex-wife Ivana used the word “rape” to describe an incident between them during a divorce deposition more than 20 years ago, an incident Trump denies.

Here is the list of the Virginia politicians who voted against the ban on underage marriage and legal rape, according to the Virginia legislature website.

Senate: Black, Deeds, Edwards, Locke, Newman, Petersen, Surovell

House: Adams, Austin, Bell, Richard P., Byron, Cline, Cole, Cox, Dudenhefer, Edmunds, Freitas, Garrett, Gilbert, Head, Helsel, Jones, Kilgore, Landes, LaRock, Marshall, D.W., Marshall, R.G., Morris, O'Quinn, Pillion, Pogge, Ransone, Rasoul, Taylor, Ware, Wright

Juggler Convicted, Another Daycare Owner Among Today's Pedophiles & Perverts

Maryland day care owner charged with child sex abuse

By Saliqa Khan WBAL

A Carroll County grand jury has indicted a Mount Airy man in connection with sexually abusing a young girl.

MOUNT AIRY, Md. Officials said Leo Ellis Parker, 73, of Mount Airy, was arrested Friday by members of the Carroll County Advocacy and Investigation Center.

Parker owns and operates an in-home licensed day care named "Parker Daycare" with his wife, Josephine Parker, which has been in operation for about 40 years.

Police charging documents allege that Parker sexually abused two girls, ages 4 and 6, who were attending the day care this year. The allegations include Parker sexually touching both girls as well as Parker having them sexually touch him.

Additionally, the victims disclosed that Parker showed them pornographic materials while attending the day care.

Parker was charged with two counts of sexual abuse of a minor and two counts of continuing course of conduct with a child. Sexual abuse of a minor carries a maximum penalty of 25 years of incarceration and continuing course of conduct with a child carries a maximum sentence of 30 years of incarceration.

The investigation is still continuing. Officials said there is evidence to believe there are potentially more victims.

"We are asking anyone with information, or who may have had children attending the day care, to assist us in identifying and locating any additional victims," State’s Attorney Brian DeLeonardo said.

Anyone with information on the case or knows of any additional victims is asked to call Trooper Danielle Barry at the Carroll County Advocacy and Investigation Center at 410-386-3647.

Mt Airy & Sykesville Maryland

Another Sykesville man indicted on child sex abuse charges

By Saliqa Khan WBAL

Same county, same reporter, same charges, different pervert

SYKESVILLE, Md. —A Carroll County grand jury has indicted a Sykesville man in connection with sexually abusing a young girl.

John Bize, 58, was arrested Friday by members of the Carroll County Advocacy and Investigation Center, Carroll County State's Attorney's Office said.

A grand jury on Thursday indicted Bize on allegations that he sexually abused a girl, between the ages of 12 and 16 years of age.

The allegations include Bize sexually touching the girl and watching her while she was changing clothes and showering.

Bize was charged with one count of sexual abuse of a minor and one count of continuing course of conduct with a child, sexual abuse of a minor carries a maximum penalty of 25 years of incarceration, while continuing course of conduct with a child carries a maximum sentence 30 years of incarceration.


This investigation was a combined effort of members of the Carroll County Advocacy and Investigation Center, the Carroll County Sheriff’s Office, the Maryland State Police, Office of Child Care Services and Child Protective Services.

Well done. All of you.

Oklahoma couple arrested for child sex abuse

BY ELIZABETH RAHAL

TULSA — Tulsa Sex Crimes detectives arrested two people late Tuesday night for the sexual abuse of an 8-year-old girl.

An arrest report for 43-year-old Gloria Tiger says someone gave police an SD card that contained video of Tiger and 41-year-old Ahmad Jenkins engaged in sex acts with the girl.

Police arrested Tiger who admitted to the abuse in the video and identified Jenkins.


The report says she told investigators that Jenkins recorded the abuse on his cell phone while they were at a motel in north Tulsa.

She also indicated that the abuse had happened one separate time about a month or two earlier at her home, according to the report.

Police also arrested Jenkins.


Both were booked into the Tulsa County jail on complaints of child sex abuse and were each being held on $50,000 bond.

Former magic shop owner found guilty in child sex abuse case

By Scott Sandlin / Journal Staff Writer

ALBUQUERQUE, New Mexico — A jury will be picked today in a second case of alleged child sexual abuse dating back to 1999 by a onetime Nob Hill juggling and magic shop owner.

The defendant, Neil Stammer, was convicted Thursday in his first trial, of four felonies stemming from the alleged rape of a Jefferson Middle School seventh-grader, who is now 29 and living on the East Coast.

The first jury was selected late Monday, heard testimony including descriptions from the victim and his father on Tuesday, deliberated Wednesday and returned its verdict Thursday morning.

Stammer, 48, was convicted of two counts of criminal sexual penetration of a child under 13 years old and two counts of kidnapping. All four counts carry mandatory 18-year sentences, although it would be served under an old version of the law that permits inmates to earn up to 50 percent good time.

Second Judicial District Judge Stan Whitaker said he would defer sentencing until the second case is resolved. He decided in earlier proceedings to separate the two sets of charges, finding that Stammer would be substantially prejudiced if the charges involving both boys were tried together.

The delay in trial resulted from complications with Stammer’s original charges in May 1999, which led District Judge James Blackmer to dismiss the indictment in April 2000. The case was reindicted in April 2000, nearly a year after he was initially arrested. When Stammer failed to show up for his arraignment the next month, the FBI filed a federal fugitive warrant.

Stammer had closed his business and left Albuquerque in the interim.

Russ Wilson, an FBI agent who worked as fugitive coordinator in the Albuquerque office, put out a new wanted poster for Stammer in January 2014. Then an agent with the Diplomatic Security Services, part of the State Department, used facial recognition software designed to pick up passport fraud, and Stammer – using a different name – came up.

Stammer had been living in Nepal and teaching English and other languages.

According to the FBI website, he was believed to speak about a dozen languages at the time he disappeared.

Maryland Man Linked to Four Child Sex-Abuse Cases Since 1999

By Jeremy Arias jarias@newspost.com

Frederick, Maryland police have linked a man to four sexual assault cases dating to the 1990s, after a domestic disturbance at the man’s house last month.

At 3:15 a.m. Oct. 25, police arrived at 47-year-old Joey Leon Laster’s home in the 1800 block of Ganby Way to find a teenage boy knocking on neighbors’ doors and asking for help, according to charging documents.

Joey Leon Laster

The boy told police Laster had sexual contact with him, causing him to flee, according to charging documents filed against Laster over the last week in Frederick County District Court.

Laster denied the accusations, but a man and two more boys contacted detectives over the next two days to report past abuse after Laster was charged with second- and third-degree sex offense and sex abuse of a minor.

The earliest abuse reported to police dated to 1999, when Laster began inappropriately touching a boy who was then 8 years old, according to documents. The other two boys told police they were abused between 2008 and 2013.

Police said Laster would alternate between using threats and promising gifts to the boys to keep them from telling anyone about the abuse or refusing his advances, the documents state.

“I would kill you before you even thought about telling anyone,” Laster told one boy, according to one set of charging documents.

In addition to the charges filed against him Oct. 25, Laster was also facing five counts of second-degree assault, four counts of sex abuse of a minor and one count of fourth-degree sex offense, according to the charging documents.

Laster was released from the Frederick County Adult Detention Center as of Friday when his combined $725,000 bail was posted through a bondsman, court records state.

Laster was scheduled to appear in court for a preliminary hearing Nov. 25, court records state.