Monday, January 6, 2014

Rabbinical Clout: Probation Before Judgment in sexual based crimes


Probation Before Judgment (PBJ) has different legal definitions n different States. In Maryland it is defined as a disposition or outcome a person may receive in a criminal or traffic case.  


Yes, this means if an individual was found guilty of a sex crimes, and given a time period before they are convicted, and behave during a time period the assailant is given PBJ.  


When a judge in Maryland orders PBJ, if the sex offender plays it right his or her sexual assault record can disappear, leaving the person who was sexually victimized out in the cold.  Sadly a man, woman or child who was sexually assaulted can not erase the memories of their assault, yet the offender who was found guilty can walk away free and unscathed.  


I can understand the kindness of PBJ when it’s given in traffic accidents, along with some cases involving a DUI, yet in violent crimes such as sexual assault and domestic violence — PBJ should NEVER be on the table, especially in cases that involve third or fourth degree assault. 


Sadly over the years several Jewish sex offenders who were highly connected in the Jewish world were given PBJ.  Three rabbis come to mind.  Rabbi Jacob A. Max, Rabbi Jack Nusan Porter, and Rabbi Isaac Neuberger, JD, Esq.


Accusations of Rabbi Jacob A. Max's groping and fondling appeared to had been tolerated without inquiry for decades because of his former standing and authority within the orthodox Jewish community of Baltimore. When girls disclosed their assaults to their mothers about his conduct, and their mothers brought the assaults to the rabbonim, their cries for help were ignored.


On April 13, 2009, Rabbi Max was found guilty of second-degree assault and a fourth-degree sex offense after a brief bench trial in Baltimore County District Court.  The judge gave him PBJ.


Dr. Rabbi Jack Nusan Porter was found guilty on charges of second degree assault and forth degree sexual assault in a Baltimore court room. Jack Porter assaulted a woman on July 13, 2009.  Rabbi Jack Porter is the older brother of Rabbi Shlomo Porter of Baltimore.  Phil Jacobs who was the editor of the Baltimore Jewish Times attended the hearing, yet no article about this crime was published.  Jacobs was a close friend of the Porter family.


Jack Porter was a professor at Harvard University, Boston University and the University of Massachusetts. According to sources Porter had been accused of assaulting women on college campuses for decades.  The women who were victimized reported the crimes to the schools, yet nothing happened except he would be suspended for a period of time and then be allowed back on campus.  


Rabbi Isaac Nueberger also received PBJ.  According to the article  “Lawyer charged with sex offense (ABC News Baltimore - December 18, 2013) - As both men went to wash their hands, Neuberger allegedly began instructing the victim on exercises to keep his abdomen in shape and proceeded to move his hand down the other man's waist to his inner thigh, brushing his crotch in the process.


Rabbi Neuberger was found guilty by the judge of second-degree assault and a fourth-degree sexual assault.  Once again, he as a person with influence within the Baltimore community and received PBJ.  Issac Neuberger was the son of the late Rabbi Herman N. Neuberger, who was the  president of Ner Israel Rabbinical College in Pikesville for 60 years until his death in 2005. Neuberger's brother, Rabbi Sheftel Neuberger, succeeded their father as president.


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