City Decides Abuse Victim Is Not to Blame


New York City and the Boys Choir of Harlem alleged in court papers recently that a 12-year-old boy who was sexually molested by a counselor at the choir's school was responsible for his own abuse. But the city said yesterday in response to inquiries that it would withdraw the allegation.

The lawyer representing the boy in a $5 million lawsuit expressed outrage and charged in a letter to the city and the choir that they were trying to blame the victim.

In papers signed March 23 and filed in State Supreme Court in Manhattan, the city's corporation counsel, Michael A. Cardozo, said, "The injuries and damages alleged to have been sustained were caused in whole or in part by the culpable conduct of plaintiff."

In a separate March 31 filing, the choir said the damage alleged by the student was caused both by his "culpable conduct" and by the "contributory negligence and/or assumption of risk of plaintiff or other parties."

Yesterday, the student's lawyer, Michael G. Dowd, sent a letter to Mr. Cardozo expressing outrage and demanding that the accusation be withdrawn. "Claiming that my client's 'culpable conduct' caused him to be abused is obscene," the letter said. A counselor at the choir's academy, Frank Jones Jr., "was convicted and sent to prison because my client was incapable of consenting to the sexual abuse," the letter said. "Your words blame the victim and cause even more hurt to him."

When asked about the city's legal defense yesterday, Mr. Cardozo retracted it in a statement issued by his press office. "Having evaluated the case further, the city fully recognizes this boy was a victim and bears no blame for the crimes committed against him," the statement said, "and therefore we have no plans whatsoever to pursue this particular defense."

Mr. Cardozo's statement also said that the documents had been filed "several months ago" and that "therefore our answer included standard tort defenses, including the one inquired about."

On being informed that the papers were filed more recently than several months ago, Kate O'Brien Ahlers, a spokeswoman for Mr. Cardozo, said: "He gets thousands of documents a day. It's possible he didn't go through this with a fine-tooth comb." Ms. Ahlers later called back to say, "We will shortly be notifying the other side that we will not be pursuing this defense."

In January, the special commissioner of investigation for the city's schools, Richard J. Condon, said Walter J. Turnbull, the founder and director of the choir, failed to report the student's allegations of molestation by Mr. Jones, who was convicted on the abuse charges in 2002 and sentenced to two years in prison.

The choir's papers were filed on behalf of the choir, Dr. Turnbull and his brother, Horace, the choir's executive vice president, who was also implicated in the failure to report the abuse. In January, the city agreed to keep Dr. Turnbull on as artistic director, provided he resign as chief executive on Feb. 17 and that his brother resign completely on that date.

In addition to the student himself, the Turnbulls in their court papers blame the City Department of Education, which oversees the academy; John King, the school principal at the time; and Mr. Jones. All three are named as codefendants in the case.

The Turnbulls essentially assert that Mr. Jones's behavior was out of their hands. "The criminal acts of Frank Jones were intentional, unforeseeable and beyond the scope of his employment," the documents say.

The brothers also say they "had no actual or constructive knowledge of the condition and situations alleged by plaintiff." According to the school investigators, though, the abuse came to light when the student's mother went to the police in the fall of 2001.

Although informed about it, Dr. Turnbull failed to notify the authorities, allowed the counselor to continue supervising students and paid the counselor's $2,000 bail with money from the choir's budget. He also kept the victim back from the choir's trip to Japan and suggested that he needed psychological help, according to the investigators.

The lawyer who prepared the Turnbulls' response, Kenneth M. Labbate, did not respond to messages left with his assistant yesterday.

Dr. Turnbull's lawyer, Alan L. Fuchsberg, said that his client declined to comment and that he himself was unaware of the content of the court filing. "I didn't review the answer to the complaint, so I can't comment on it," Mr. Fuchsberg said.

When the charges against the Turnbulls first came to light, school investigators called for Dr. Turnbull to step down. The choir's board supported Dr. Turnbull, threatening to sever ties with the school, if necessary. To continue its partnership with the school, the city agreed to keep Dr. Turnbull on the ground that the organization would be irreparably damaged without him.

Since starting the choir in 1968, Mr. Turnbull has been its guiding force - conducting rehearsals and concerts, choosing the repertory and establishing the group's tone of discipline and professionalism. He also started the choir's academic school of 650 students and founded the girls' choir.

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