Thomas Green - Child Sex Abuse - Perjury / Suggestibility

Green, Thomas; child sex abuse; [not on NRE list:] perjury/false accusation, no crime

Suggestibility issues

"Man Dies Two Weeks After His Conviction Is Overturned," John Caher, New York Law Journal, 9/28/13

"An inmate diagnosed with terminal cancer only two weeks after his conviction was overturned on a [federal] habeas corpus petition died Thursday night...according to his attorney.

"Ronald Kuby said his client, Thomas Green, had only a single day with his family before checking himself into Stony Brook Hospital.

"Green, who had always claimed he was falsely accused of molesting three young girls in Suffolk County, served more than five years of a 35-year sentence before Easterm District Judge Arthur Spatt...on Aug. 12 granted his writ of habeas corpus..."

"Spatt found that Green's trial counsel had neglected to pursue evidence that could have undermined the prosecution's case. Kuby was more critical of the prosecution for presenting what he described as false evidence..."

"On Sept. 2, while awaiting word from the Suffolk County [DA's] Office on whether it would pursue a retrial, Green was diagnosed with rampant terminal cancer and given only weeks to live, Kuby said. Records indicate that Green had cancer in his lung, prostate, colon and blood.

"Green v. Lee...stemmed from allegations that [Green] had molested his granddaughter and four of her friends between 1998 and 2003. Green was accused in 2006 when one of the alleged victims came forward, but insisted he did not even know the allegedly abused girls at the time they said they were molested.

"At trial, the prosecution attempted to establish that the alleged victim and [Green's] granddaughter had been friends, and that Green would have known her, by introducing photographs of the girls together that were supposedly taken in 1998 or 1999.

"One of the complainants also said Green had given her a particular toy during that period and that she opted not to come forward to report the abuse because she watched 'Law & Order: SVU' and was aware, as a seven-year-old, [of] the difficulties she would likely face as a witness.

"However, a post-trial investigation eatablished that the film used in the phtographs had not been manufactured until several years after the alleged incidents, that the sweatshirt worn by a complainant in the picture depicted the logo of a company that did not exist in the late 1990s, that the toy Green allegedly gave the girl had not yet been produced, and that 'Law & Order: SVU' was not yet airing.

"In a statement, Kuby said Green was innocent and should have spent his final years with his family and friends instead of locked away in a state prison.

"'Because of the misconduct of the Suffolk County DA's office, he spent those years in prison as his cancer, untreated and undiagnosed, metastasized,' Kuby said. 'In their self-righteous zeal, the prosecutors killed an innocent man and remain both unapologetic and unaccountable."

964 F.Supp.2d 237; E.D.N.Y. 8/12/13; writ granted, due to ineffective assistance of counsel

"On April 17, 2007, a Suffolk County Grand Jury indicted [Green] on ten counts related to the alleged sexual molestation of his granddaughter, G.G., and four of her friends, B.M., B., S., and K. The indictment...alleged that the crimes were committed in both public and private places during particular seasons in 1998-1999, 2001, and 2003.

"B.M., the first of the complainants to accuse Green of sexual abuse, did not come foward until the Fall of 2006. Although B.M. also alleged that G.G. had been abused as well, G.G. denied that any abuse had taken place. Green has consistently denied that such abuse occurred, and has denied even knowing B.M. in 1998-1999."

"[I]n its opening statement, the [prosecution] indicated that, in the winter of 1998 to 1999, B.M.and G.G. 'spent almost every week together at [Green's] house.'...[The prosecutor] also asserted that on one occasion during this time period, [Green] sexually assaulted B.M. and G.G. By contrast, in Green's opening statement, the trial counsel, Paul Gianelli, stated that B.M. '[w]as absolutely wrong. She did not spend time in Mr. Green's presence and with [G.G.] in 1998. You'll hear from witnesses who will say it never happened.'"

"The jury first heard from B.M. She testified that, when she was seven years old, in 1998, she met G.G. and that thereafter, G.G. was her best friend...B.M. stated that, at this time, she began spending nights at Green's home...According to B.M., she and G.G. slept at Green's home '[e]very weekend, and 'every day' during the summer of 1998...In this regard, the [prosecutor] introduced into evidence a photograph of B.M. and G.G. together dressed in Halloween costumes. According to B.M., the Halloween photograph was taken on Green's front porch when she was seven years old in 1998."

"B.M. further testified that at some point during the winter of 1998-1999, she was sexually molested by Green...In particular, B.M. testified that on one occasion, B.M., G.G., and Green watched a scary movie that they rented from Blockbuster Video...B.M. and G.G. became very frightened by the movie, and the girls slept that night with Green in his bed...During the night, B.M. stated that she awoke to find that Green had pushed aside her underwear and had his mouth on her vagina...B.M. stated that she kicked Green in the face and he fell over...B.M. further stated that she was too scared to leave the bed and fell back asleep."

"B.M. also stated that she was later awakened when G.G. 'punched [her] in the face. . .because [G.G.] woke up to [Green] trying to do the same thing to her.'...B.M. stated that she instructed G.G. to kick Green in the face, which G.G. did...The two girls subsequently fled to the next room and locked the door."

"At some point, Green unlocked the door and asked the girls if they wanted to see a magic trick...Green allegedly told B.M. that she would have to put her mouth on his penis to see the trick...After initially refusing, B.M. relented and put her mouth on his penis but removed it when she began to gag."

"B.M. stated that afterward, she fell asleep...B.M. later awoke and found herself again in Green's bed, and Green was rubbing his penis against her vagina...She stated that she pushed Green away and told him to stop."

"B.M. testified that the two girls made a pinky promise that they would tell others when they got older...The next day, Green wore a bandage on his nose...He allegedly warned B.M. that if anyone asked about the bandage, she should say that Green fell down the stairs...Green allegedly advised B.M. not to tell anyone about the previous night becuse other people would not understand about having 'fun.'"

"With regard to the belated disclosure of the abuse, B.M. testfied as follows:

Q. Why didn't you want to right away?

A. Cause I was scared.

. . . Q. Where did you talk to [G.G. immediately after the incident]?

A. In Mr. Green's bathroom.

Q. And what did you say to her?

A. I told her when we got older and ready to face it* that we were going to tell.

[* It seems extremely unlikely that a seven-year-old girl would say -- or even think -- something like this of her own accord. It would appear probable that she was told something along these lines when she was a bit older, and then retroactively incorporated it into her 'memory' of that time.]

Q. And what did you do in that regard?

A. We made a pinky promise to tell.

Q. What was the reason you didn't want to tell then?

A. Because I knew I wasn't going to be able to go through all this at that age.*

[* Same as above -- a seven-year-old is exceedingly unlikely to think in these terms.]

Q. What do you mean, 'all this'?

A. All the courts, all that, I wouldn't understand all of it, it was so frustrating when I was younger."

"On cross-examination, B.M. testified:

Q. And you indicated that you made a decision that you were going to tell when you got older?

A Yes.

Q. And you say at the time this happened you were seven years old, right?

A. Yes.

Q And one of the reasons you and [G.G.] made this particular promise when you were seven years old was that you said 'I knew I wasn't going to be able to go through this at that age'?

A. Yes.

Q. That you didn't want to go through all the courts, I wouldn't understand all of it, right?

A. Yes.

Q. Let me ask you this. At age seven, how did you know what you were going to go through with the courts?

A. Cause my Mom used to watch Law and Order.

Q. You understood at age seven what was going to happen?

A. I understood that it was a big possibility, yes.

Q. And because of what you saw on Law and Order you made a decision with [G.G.] not to diclose this, is that what you're saying?

A. And I knew that [G.G.] --

Q. No. No. Is that what you're saying?

A. Yes.

Q. Was there a particular show on Law and Order that left this impression on you when you were seven?

A. No, it's just Law and Order.

Q. What?

A. It's just another Law and Order show.

Q. Was that a show about a young girl who was seven years old who had to go to court?

A. No.

Q. Or anything like that?

A. No, but [Law and Order: Special Victims Unit] is all about moleststion and rape.

. . . Q. Was that on in 1998?

A. Yes.*

[* No it wasn't. But it was on later, which likely -- in combination with conversations with others (adults?) -- retroactively influenced (i.e., contaminated) her recollections of past events.

Q. It was?

A. Yes.

Q. You used to watch it?

A. Yes.

Q. So you made a decision -- could you distinguish between, you know, fiction on TV and real life? Could you do that?

A. Yes."

"On re-direct examination, B.M. testified as follows:

Q You had testified before on cross-examination that telling would be a big responsibility,* what does that mean?

[* Again, something an adult likely said to her later on, as opposed to what she herself actually thought at the time.]

A. It's just how I am now, if I was seven, if I was ten years younger now, could you see me up here doing this? I can't."

"After the alleged incident, Green began giving B.M. money and gifts...In that regard, the [prosecutor] introduced into evidence a device called a 'Turbo Twister Speller' that Green gave to B.M. to help with her spelling...B.M. stated that Green gave her the 'Turbo-Twister' toy when she 'started failing school. . .for spelling 'in third grade...' B.M. stated that she was in the third grade in 1999...B.M. also noted that she had to repeat the third grade in the year 2000."

"B.M. continued to go with G.G. to Green's house because she was afraid...something worse would happen to G.G. if G.G. were left alone with Green."

"B.M. also testified that thereafter, she would take her anger out on Green...She stated that when she was 10 or 11 years old, she would put makeup and nail polish on him when he napped...Other times, she would smack his penis '[b]ecause [she] wanted him to feel how [she] fe[lt].'..B.M. testified that at about this time, she went from being a quiet child to a girl who became involved in fights and performed poorly in school."

"According to B.M., another incident occurred in the summer of 2003, when B.M. was twelve years old...While at a Sports Plus store, Green allegedly grabbed B.M.'s hands and pulled them behind her and held her hands to his penis. B.M. stated that she told Green to stop and shoved him...A friend of B.M.'s from school allegedly witnessed the incident and asked her what occurred. B.M. told the witness nothing happened because she was embarrassed.

"B.M. further stated that even after she and G.G. were no longer friends, Green gave money to B.M....B.M. also testified that when she was 15 years old, she and her friend Mary once rode their bikes past Green's house...They stopped to speak to Green...After the girls told Green that they were going shopping, he gave B.M. $25...B.M. testified that she and Green then kissed...When Mary commented to B.M. that the interacton between B.M. and Green was 'weird,' B.M. told Mary about the alleged abuse on the part of Green...B.M. then disclosed the same to Mary's older sister, Rosemary, who related the information to B.M.'s mother."

"B.M.'s parents spoke to her and B.M. ultimately told them that something happened with Green, but would not give them any specifics...B.M. spoke with G.G. and reminded her of the pinky promise and that it was time to tell the truth about Green's abuse. G.G. disagreed."

"B.M. further testified that authorities interviewed her at school...She stated that she declined to discuss anything with them because she was uncomfortable around the two male interviewers...Then, B.M. stated that, one day, as B.M. rode past Green's house and observed one of his granddaughters sitting on Green's lap, she realized that she had to tell authorities because she was afraid that Green would continue abusing girls...Thereafter, B.M. spoke to K. about Green's actions towards her and asked her if something sexual happened to her with Green as well, and K. said yes."

"K. was also a witness at trial. K. testfied that she met B.M. and G.G. when they were seven or eight years old...The three of them would spend time at Green's house and enjoy the use of the pool...K. confirmed that the pool was operating and in use in 1998."

"According to K., sometime in the summer of 2003, when she was 'about twelve,' Green took her to a Carvel ice cream store...She stated that, when the salesperson went to get her ice cream, Green, who was standing behind her, took her hands, put them behind her back, and made her touch his penis for 'like a minute'...K. did not immediately tell anyone about the incident but decided never to be alone with Green again."

"K. further testified that in November 2006, she disclosed to her Aunt Maureen that Green had molested her...K. and her aunt then diclosed the same to K.'s mother. After K. disclosed the occurrence to her mother, K. spoke with S., who told K. that [Green] molested her as well."

"In particular, S. testified that, on one occasion during the summer of 2001, when she was 10 years old, Green took her, K., and G.G. shopping...While K. and G.G. were in the dressing room, Green allegedly stood behind S., grabbed her hands, and pulled them behind her back...He rubbed S.'s hand against his penis...S. testfied that she immediately ran away and told K. what had transpired; however, K. had testified that she did not know about the incident until a week or two after it occurred...At the trial, S. could not remember when during the summer the incident occurred."

"Detective Amy Goldstein, [in addition to interviewing K.,] also spoke with B., K.'s younger sister. At that point, B. made no allegation of sexual abuse by Green...However, Goldstein testified that, while the case was being prepared for presentation to grand jury, B. admitted to the prosecutor that Green had touched her vagina."

"[In an interview with Goldstein,] Green revaled that on one occasion, B.M. pulled a towel off him, exposing his penis...Green described B.M. as 'hypersexual' and recalled an incident when he found B.M. masturbating."

"Goldstein testified that when she interviewed G.G., she did not disclose that Green had sexually abused her."

"The jury then heard testimony from G.G., who testfied that B.M. did not begin 'regularly hanging out' with B.M. until 2001...Rather, G.G. testified that B.M. was never at Green's house in 1998 and did not start staying at his house until she was eight years old in November 2000...In particular, G.G. testified as follows:

Q. You know then that [B.M.] says that you were friends in 1998 to 1999, correct?

A. Yeah.

Q. And you disagree with that?

A. Yes.

Q. How is is that you recall it was 2000 and 2001 when you were friends with [B.M.]?

A. 'Cause I was in, like, activities in those days. I was very young. And I remember when we started BMX that's when we started actually hanging out every day.

Q. So it's your testimony that you weren't really friends with [B.M.] until you started BMX?

A. Yeah."

"G.G. testified that she never went to Coney Island with B.M. prior to 2000, and never went there with B.M. when G.G. was six or seven years old...G.G. also denied any sexual abuse by Green, or that Green offered to show B.M. and her a magic trick, and denied ever kicking Green in the face."

"To rebut G.G.'s testimony disputing B.M.'s timeline, the [prosecutor] called G.G.'s mother, Cindy Green. Cindy was Green's daughter-in-law, and was in the process of divorcing Green's son...Cindy testified that G.G. had slept over [at] Green's house since she was born, and Cindy recalled that B.M. and K. slept over there years before the girls started BMX biking in 2001."

[All emphases added unless otherwise noted.]