Thursday, April 21, 2005

Rampo officials issue public warning regarding convicted Monsey pedophile Yoel Oberlander

12 Comments:

At 9:30 AM, Blogger jewishwhistleblower said...

1)
http://www.thejournalnews.com/apps/pbcs.dll/article?AID=/20050421/NEWS03/504210362/1019/NEWS03

Sex offender notification
By STEVE LIEBERMAN
slieberm@thejournalnews.com
THE JOURNAL NEWS

Sex offender
Name: Yoel Oberlander.
Address: 10952 ZIP code, Monsey.
Original jurisdiction: Spring Valley-Ramapo
Conviction: Nov. 27, 2002
Charge: second-degree sexual abuse.
Victim: 11-year-old girl.
Sentence: 6 years' probation.
Risk: moderate, Level 2.

(Original publication: April 21, 2005)

A photograph of a 24-year-old Monsey man and details of his conviction for sexually abusing a child have been sent to Ramapo families.

Yoel Oberlander was classified by a court as a Level 2 offender, which is considered at moderate risk of becoming a repeat offender.

Oberlander pleaded guilty in 2002 to second-degree sexual abuse, second-degree unlawful imprisonment and endangering the welfare of a child, all misdemeanors. He admitted in County Court to having sexual contact with an 11-year-old girl. The sexual abuse took place in the Spring Valley and Ramapo area.

Both police departments investigated Oberlander, who was sentenced to six years' probation.

Spring Valley police notified the East Ramapo school district that Oberlander had registered his home address in Monsey. The Ramapo Police Department also was notified.

Earlier this month, East Ramapo officials sent about 8,000 letters containing Oberlander's photo, conviction and ZIP code home with students to give to their parents. The district also sent the information to private schools in Ramapo.

Under state law, police can tell school districts only the ZIP code for a Level 2 offender, not the full address. A full address is provided for those considered high risk, or Level 3. The low-risk category is Level 1.

Oberlander was among several sex offenders recently reported to East Ramapo school district residents. People have posted their photos in town, though in some places, residents said, Oberlander's photo was taken down.

The notifications are sent out after an offender gets a classification hearing in County Court. A judge decides if a person is Level 1, 2 or 3. Hearings are held for those convicted between 1996 and 2000, those moving in from another state and those recently convicted.

2)
DECISIONS OF INTEREST.
June 24, 2003
New York Law Journal
...
Criminal Practice: Despite 'chemical castration' court requires defendant's registration as Level 2 sex offender. People v. Yoel Oberlander, County Court, Rockland (p. 28, col. 6).
...

People v. Yoel Oberlander - Despite 'Chemical Castration' Court Requires Defendant's Registration as ...

June 24, 2003
New York Law Journal

People v. Yoel Oberlander - Despite 'Chemical Castration' Court Requires Defendant's Registration as Level 2 Sex Offender.

ROCKLAND
Criminal Practice
Judge Kelly
County Court

A SEX OFFENDER classification hearing was held for defendant, who had been sentenced to probation after conviction for seconddegree sexual abuse. He was a presumed Level 2 sex offender based on an 85 point score on a riskassessment instrument. Defendant, "chemically castrated" by medical treatments reducing his bloodtestosterone level, argued that the instrument was erroneous because he did not employ "forcible compulsion." The court, however, required defendant's registration as a Level 2 sex offender. It found insufficient evidence to conclude that an elevated testosterone level was the sole cause of defendant's actions and that defendant has a psychological abnormality that decreases his ability to control impulsive sexual behavior. The court determined that forcible compulsion may be found to result from an express or implied threat, which must be viewed in the context of a frightened 11 year old girl alone in an automobile with an adult who has placed his hand under her dress.

3)
Decision of Interest.
June 24, 2003
New York Law Journal

Rockland County
County Court
Judge Kelly

People v. Yoel Oberlander - The Court held a sex offender classification hearing pursuant to 168 of the Correction Law. The hearing was held to classify the above named defendant who had just been sentenced to six years probation following his conviction for Sexual Abuse in the Second Degree. The defendant was present and was represented by counsel.

In connection with the hearing, the Court reviewed the pre-sentence report with pre-sentence memoranda, as well as the risk assessment instrument prepared by the District Attorney's Office. The Court examined psychiatric and psychological reports from Dr. Thomas and Dr. Berlin respectively. Additionally, the Court heard testimony from Dr. Thomas concerning his clinical opinion regarding the defendant risk to re-offend and the defendant's course of treatment, including the inter-muscular anti-androgen therapy.

Dr. Thomas has indicated that he has undertaken the responsibility of continuing therapy with the defendant. As part of that continuing treatment, in conjunction with weekly psychotherapy, Dr. Thomas will continue with the monthly injections of Depo-Lupron and continue to monitor the levels of testosterone in the defendant's blood. Further, Dr. Thomas has assured the Court that he will report any problems to the defendant's probation officer.

As a result of the treatments so far, the testosterone level in the defendant's blood has been significantly lowered. According to Dr. Thomas, the defendant has been "chemically castrated" and thereby rendered virtually asexual.

The recommendation contained in the Risk Assessment Instrument is the presumptive risk level to be applied to an offender. In this case, the defendant received an aggregate score of 85 points when scored by the District Attorney, making him a presumptive level two.

The Court finds that consistent with the risk level instrument, the defendant should be classified as a "level 2" offender. The Court bases its determination on an evaluation of the criteria set forth in Correction Law 168-l(5) including, but not limited to, the defendant's history, the nature of the offense, the number of victims and vulnerability of the victims.

The defendant contends the Risk Assessment Instrument is erroneous in that he did not employ forcible compulsion (10 points) and that the evidence did not demonstrate three or more victims (30 points). In fact, in a prior incident, the defendant made admissions of exposing his penis to young girls on five occasions over the two week period prior to his arrest. Five victims signed depositions in reference to exposure incidents in which the defendant was identified. Forcible compulsion is not confined to physical force, but may be found to result from a threat, express or implied, which must be viewed in the context of a frightened eleven year old girl alone in an automobile with an adult who has placed his hand under her dress.

In any event, the factors listed in the statute are not exhaustive and special circumstances may warrant a departure from the presumptive risk level if aggravating factors are present. The Court finds that an override would be warranted in any event, since the defendant has a psychological abnormality that decreases his ability to control impulsive sexual behavior. Dr. Berlin's report demonstrates that the defendant has a sexual disorder that manifested itself in a pattern of genital exhibitionism that escalated in his fondling of a young girl.

The defendant's sexual fantasies and recurrent urges concerning sexual activities with young girls continued even after intervention. Thereafter, aggressive pharmocological treatment in the form of Depo-Luperon medication was recommended to suppress the production of testosterone, to increase the defendant's capacity for self-control and to prevent sexual criminality.

While the defendant's course of treatment will undoubtedly have the physical effect of lowering the defendant's testosterone, the Court has not been provided with sufficient evidence such that it can determine that the treatment will alleviate the risk of re-offense. While intuitively, the Court understands that an elevated testosterone level will increase sexual urges, there is insufficient evidence to conclude that an elevated testosterone level was the sole cause of the defendant's actions.

Additionally, Dr. Thomas' experience with the Depo-Luperon treatment is anecdotal, and his personal experience with long term treatment is non-existent. According to Dr. Thomas, he has treated a total of eight patients with this inter-muscular anti-androgen therapy. However, the longest he has treated any one of those patients was two and one half years. It is anticipated that the defendant's course of treatment will exceed two and one half years.

While Dr. Thomas was no doubt earnest in his belief that the defendant does not pose a risk to re-offend in the future, that position is not supported by any personal experience. Further, the Court has not received a report of any reliable study of the long term efficacy of this course of treatment.

Accordingly, the Court finds that the public would be best served if the defendant were required to register as a level two offender.

This Decision shall constitute the Order of the Court.

 
At 10:39 AM, Anonymous Anonymous said...

It is really sad that we have these kinds of predators and sick individuals in the jewish community. We have all kinds of problems when you think about it. I am no fan of Rabbi Tendler, but I think this mess really has a bad effect on everyone, especially the BT's who may not have a strong jewish background. And sex problems are not the only problem facing the jewish community. What about the crooks? There are plenty of crooked and shady people that also have a bad effect. What about stealing and crooked business? In my shul (not Tendlers) a few guys got togther and stole the business of another guy in the shul. Of course the shul does nothing everyone still gets an aliyah. One of the guys that stole the business got elected President of the shul! I think the guy they stole from quit the shul. We really need to straiten up our act, folks, and live according to Torah.

 
At 12:14 PM, Anonymous Anonymous said...

In my shul (not Tendlers) a few guys got togther and stole the business of another guy in the shul. Of course the shul does nothing everyone still gets an aliyah. One of the guys that stole the business got elected President of the shul!

No, the president was not one of those guys. At least, he's a rarity, an honest lawyer. But, what did the Rabbi do? Nothing. Only goes to show you, money talks. (are we at the right shul?)

 
At 12:39 PM, Anonymous Anonymous said...

We may be talking about the same situation. A shul in New Hempstead also. I don't know what you mean that money talks in this situation. I thought it was rotten what they did. I felt really sorry for the victim but I think he can take care of himself. A few of us were upset that the shul let it happen and did nothing. I don't blame the guy they stole from for leaving but I think he should have taken them to a din torah.

 
At 1:47 PM, Anonymous Anonymous said...

What I meant was -- those (alleged) gonovim might be big contributors to the shul, even if they dont' all live in NH anymore. On the other hand, did the victim go to the Rabbi to complain? Who knows?

 
At 2:09 PM, Anonymous Anonymous said...

yes I think we are talking about the same situation. I don't know how much the gonovim gave to the shul. All I know is that they took advantage of another member of the shul, pumped him for information and then stole his business. I don't think he had any idea they were planning to do it because they were friends for a long time before that. What gets me more than anything is that they stole this guy's business and the shul just goes on as usual. I think the victim did go the Rav, but nothing happened. I know he was very frustrated and hurt by the situation. Nobody really cared enough to do anything. I think if this was a different community they would have thrown the gonovim out on their ears. Around Monsey it is OK to steal as long you can get away with it. The rabbonim don't seem to care enough to take a stand.

 
At 11:33 PM, Anonymous Anonymous said...

In your preparation for Pesach, read this:

http://www.israelnationalnews.com/article.php3?id=5035

 
At 11:37 PM, Anonymous Anonymous said...

Thievery, sex scandals, may be something is fundamentally wrong? Read, and remember when you say "Next year in Yerushalayim" in the Seder.

http://www.israelnationalnews.com/article.php3?id=5035

 
At 5:22 AM, Anonymous Anonymous said...

Perhaps, as the articles suggest, all Jews should make aliyah. It does seem strange to say Next Year In Jerusalem and continue to live in New York. On the other hand, the 3rd Bais HaMikdash is not built yet and the Yidden in Eretz Yisrael make the same declaration. They are also in golus. Lastly, this does not answer the question of how Jews can steal from other Jews and just get away with it.

 
At 7:10 AM, Anonymous Anonymous said...

Batye Seigel's Unpublished Letter to the Jewish Press
http://jewishsurvivors.blogspot.com/

To: Jewish Press
From: Batye Seigel
Date: April 12th, 2005

 
At 7:11 AM, Anonymous Anonymous said...

Rabbi Danny Gordis
http://lukeford.net/profiles/profiles/danny_gordis.htm

an untold story about a possible Mordecai Tendler of the Conservative movement.

 
At 9:38 PM, Anonymous Anonymous said...

I am forwarding this to http://www.jewishsurvivorsofsexualabuse.org.

Toda Raba!

 

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