Professional Documents
Culture Documents
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1
SUPREME' COURT OF THE STATE OF NEW Y R ~
COUNTY OF KINGS: CRIMINAL TERM: PART 8
~ x
THE PEOPLE OF THE STATE OF NEW YORK,
Ind. No.
- against -
92162013
P'LEA
JOSEF EDERI,
Defendant.
-------------------------------------------x
320 Jay Street
Brooklyn, New York
May 7, 2014
B E FOR E HONORABLE ANN DONNELLY,
Justice
A P PEA RAN C E S :
OFFICE OF KENNETH P. THOMPSON, ESQ.
DISTRICT ATTORNEY - KINGS COUNTY
Attorney for the People
350 Jay Street
Brooklyn, NY 11201
BY: KELLY CASEY, ESQ.
JULIE CLARK, ESQ.
Attorney for the Defendant
32 Court Street
Brooklyn, New York 11201
ALSO PRESENT.:
JACOB SHARGAL,
Official Hebrew Interpreter
Minerva Marin
Official Court Reporter
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PROCEEDINGS
THE CLERK: Number 16, indictment number 921,6 of
2013, Yosef Ederi. Defendant is incarcerated, produced
before the Court.
Hebrew interpreter required and present.
MS. CL.ARK: Julie Clark, 32 Court Street, Brooklyn,
New York, for Joseph Ederi.
THE INTERPRETER: Jacob Shargal, S-H-A-R-G-A-L,
court interpreter.
MS. CLARK: Judge, may we approach in this case?
THE COURT: Yes.
MS. CLARK: Thank you.
(Whereupon, an off-the-record discussion
was held at the bench.)
THE COURT: Can you put the offer on the record?
MS. CASEY: Yes, Your Honor.
People's offer is that the defendant plead to the
indictment, which is Course of Sexual Conduct Against a
Child in the Second Degree, as well as Endangering the
I
Welfare of a Child, that he serve a year jail, register
as a sex offender, and full orders of protection and
waiver of appeal.
MS. CLARK: I understand that is what my client
wants. The issue is that he has severe medical problems.
He wanted to be sentenced today.
THE COURT: Just so the record is clear, this case
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PROCEEDINGS
has been on a number of times for this disposition.
Because, the defendant is going to register, we have to
get the information from the Board of Examiners, so
that
1s
not happening.
MS. CLARK: I also want to put on the record, I
asked the Assistant, I guess she will verify, there are
no other cases pending against my other than this
case at this time?
MS. CASEY: This is the only case that he has.
THE COURT: Does he want the disposition?
MS. CLARK: Judge, at this time, Mr. Ederi, through
a Hebrew interpreter, has authorized me to withdraw his
previously entered plea of not guilty and enter a plea of
guilty to the indictment, the crime of Course of Sexual
Conduct against a Child in the Second Degree, Endangering
the Welfare of a Child, class A misdemeanor, with the
understanding that he will receive one year in jail, nunc
pro tunc to September 11th of 2013 when he was arrested
and he will register as a sex offender.
I want to put on the record I had numerous meetings
wi t h Mr. Ederi, vide9 conference, with a Hebrew
interpreter. I have spoken to his attorney.
He has an immigration hold. I have indicated to
Mr. Ederi that this crime may make him deportable and may
prevent him from coming back into the United States. He
MM
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PLEA
understands that because he is not a citizen of the
United States. He wants to enter the plea.
THE COURT: Mr. Ederi, do you swear or affirm to
tell the truth, the whole truth, nothing but the truth?
THE DEFENDANT: Yes.
THE COqRT: Your lawyer says you want to plead
guilty to Course of Sexual Conduct against a Child in the
Second Degree in violation of Penal Law Section 130.80
,
Subsection 1A and also to Endangering the Welfare of a
Child in violation of Penal Law Section 260.10 subsection
one. Is that what you want to do?
THE DEFENDANT: Yes.
THE COURT: Have you had a chance to speak with your
lawyer before entering this plea?
THE DEFENDANT: Yes.
THE COURT: Are you satisfied with her,services?
THE DEFENDANT: Yes.
THE COURT: You also realize that, as a result of
this conviction, you will almost certainly be deported
from this country; do you understand that?
THE DEFENDANT: Yes.
THE COURT: You still want to enter the plea?
THE DEFENDANT: Yes.
THE COURT: Itr s charqed that between September 4th
of 2012 and April 1st of 2013, in Kings County, over a
MM
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PLEA
period of time that was not less than three months in
duration, that you engaged in two or more acts of sexual
conduct with the complainant .in this case who is less
than 11 years old. The two acts are as defined as listed
in the indictment; is that true?
TFIE DEFENDANT: I, don't r emember exactly the case,
but I would like to finish it today. My head is bad. My
head is really bad.
THE COURT: I want to make sure that you are doing
this with a clear head. So my first question for you is:
Is it the case that you want to plead guilty? The case
has been on a number of times for this purpose. Is that
what you want to do? Do you want to plead guilty?
THE DEFENDANT: Yes.
THE COURT: Are you able to understand what I am
saying?
THE DEFENDANT: Yes.
THE COQRT: All right. So, regardless of whether or
not your health is bad, is there anything about your
health that is interfering with your ability to
understand these proceedings?
THE DEFENDANT: I want to finish it and go and take
care of myself~
THE COURT: That's not my question. I want to make
sure that your health -- whatever your health issues are,
~
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PLEA
that you are still able to understand these
I
THE DEFENDANT: Yes.
THE COURT: The question I have for you: Is it true
that between September 4th of 2012 and April 1st of 2013,
in Kings County, during a period that was not less than
three months, that you engaged in two or more acts of
sexual conduct, and the specific conduct would be your
hand and the penis of the complainant and your hand and
the buttocks of the complainant who is less than 11 years
old; is that true?
THE DEFENDANT: Yes.
THE COURT: Is it also true, in that same time
period, it's charged that you acted in a way that was
likely to be injurious to the physical, mental or moral
welfare of that same complainant, less than 11 years old;
is that true?
THE DEFENDANT: I don't understand.' What does it
mean?
THE COURT: Well, what did you say, what does it
matter?
THE DEFENDANT: What does itmean?
THE COURT: The question I have for you, in that
time period, you endangered the welfare of the
complainant in this case.
THE DEFENDANT: No, I didn't endanger him.
MM
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PLEA
THE COURT: You just admitted that you committed two
,
or more acts of sexual conduct with a child that was less
than 11 years old; that's true, correct?
THE DEFENDANT: Yes.
THE COURT: By engaging in that kind of behavior
with a child, is it true that you also endangered that
child's welfare?
THE DEFENDANT: I don't know.
THE COURT: Well, you admit that you engaged in the
behavior that I just described; is that right?
THE DEFENDANT: Yes.
THE COURT: So, by admitting to that behavior, do
you also admit that that behavior endangered that child's
welfare?
THE DEFENDANT: Okay, yes.
THE COURT: Yes, you do?
THE DEFENDANT: Yes.
THE COURT: When you plead guilty, you are giving up
certain rights. You are giving up your right to a jury
trial where you would have the right to be represented by
your lawyer to confront and cross-examine the
prosecutor's witnesses, you could testify if you wanted
to, or call witnesses to testify for you, or you could
exercise your right to remain silent or not incriminate
yourself.
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PLEA
When you plead qu i Ity, it has the same effec;t as if
you went; to trial before a jury and were convi ct.ed after
that trial; do you understand?
THE DEFENDANT: Yes.
THE COURT: Ordinarily, even if you plead guilty,
you have the right to appeal your conviction to a higher
court. When you appeal, you have the right to have a
lawyer represent you. You can make claims about this
proceeding or about the sentence that I am going to
impose.
One of the conditions of the plea is that you give
up your right to appeal. There is a form in front of you
which is entitled waiver of right to appeal. Please,
take whatever time you need to review itwith your lawyer
and the interpreter. If you have questions, you can ask
your lawyer, and when you're done with that process,
will ask you some additional questions.
MS. CLARK: Judge, it's been executed.
THE COURT: All right.
MS. CLARK: I was explaining to my client that you
only adjourn for sentence and he would be doing eight
months and it would run from the time he has been in
since September 11th of 2013.
THE COURT: That's cbrrect. I want to make sure
that now you have spoken with your lawyer and reviewed
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PLEA
the waiver of right to appeal form and, having my
explanation of what itmeans to give up your right to
appeal, do you understand what you are doing when you are
giving up your right to appeal?
THE DEFENDANT: Yes.
THE COURT: Are you doing that of your own free
will?
THE DEFENDANT: Yes.
THE COURT: All right.
Now, here, I want to make sure that you understand
what the promise is. I promise that I am going to
sentence you to a year in jail, that sentence will run
from the date of your arrest, which was September 11th;
is that right?
MS. CLARK: Yes, September 11, 2013, Your Honor.
THE COURT: Of 2013. You will also have to register
as a sex offender so -- and, as a result of this plea,
you will be a predicate a predicate violent felon.
MS. CLARK: I want to make clear for the record, the
sentence is a year. There was a period where my client
was no in the custody of--
THE COURT: He was in Lmrruqrati.on custody.
MS. CLARK: He was in immigration custody. They
were trying to get him over here, eventually he was over
here. I don't want him to lose any jail time because of
MM
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PLEA
that period when he wasn't physically here.
THE COURT: That's why the sentence is nunc pro tunc
to September 11th.
MS. CLARK: Okay.
THE COURT: Because he was in custody and it was
because immigration had him for a little while, but he
will get credit for the time that he spent in custody.
MS. CLARK: All right. Thank you.
That is the promise. Do you understand it?
THE DEFENDANT: Yes.
THE COURT: It is one year in each count that they
run together.
MS. CLARK: Yes.
THE COURT: Do you understand the promise?
THE DEFENDANT: Yes.
-THE COURT: Anyone promised you anything else to get
you to plead guilty?
THE DEFENDANT: No.
THE COURT: Anyone forced you or threatened you to
get you to plead guilty?
,
THE DEFENDANT: No.
THE COURT: Are you pleading guilty because you are
guilty?
THE DEFENDANT: Yes.
THE COURT: Plea is acceptable to both sides?
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PROCEEDINGS
MS. CLARK: Yes, Judge.
MS. CASEY: Yes, Your Honor.
MS. CLARK: Since my client uses a Hebrew
interpreter and time is really the essence in trying to
get him sentenced, is there any way possible that
probation can be conducted since we have a Hebrew
interpreter today? I don't know the schedule of the
gentleman that is in court, but I would like to get him
interviewed because it's difficult. It's not as easy to
get a Hebrew interpreter as it's a Spanish interpreter.
THE COURT: We can certainly try.
MS. CLARK: He is not available.
THE COURT: I will try to expedite it. Generally,
it takes ten days. We will see if we can get it done by
next week, perhaps we can.
I will put it on 'for May 14th for sentence. The
defendant is remanded.
REPORTER'S CERTIFICATION
I hereby certify that the foregoing
is a true and accurate transcript of
the proceedings.
~ ~ ~
Minerva Marin'
Official Court Reporter
MM
CONNECTlpNS *****WARNING*****
STAGE SUMMARY CONFIDENTIAL INFORMATION
AUTHORIZED PERSONNEL ONLY
STAGE: Investigation
CASE 10: 25530612 STAGE ID: 28880634
CASE NAME: Ederi,Michal STAGE NAME: Ederi,Michal
CD: K12 REPORT DATE: 2/13/2013
CASE SUMNIARY
STAGE 10 STAGE NAME STAGE TYPE DT OPEN DT CLOSE DET. STAT. REASON STAGE
CLOSED
CLASS.
29443769
29443606
29271349
29271282
29207514
29207384
29182833
29182617
29761180
28915724
28914864
28880634
28880604
Ederl.Michal
Ederi,Michal
Ederi,Michal
Ederi,Michal
Ederi,Michal
Ederi,Michal
Ederi,Michal
Ederi,Michal
Ederi,Nlichal
Ederl.Michal
Ederi,Michal
Ederi,Michal
Ederi,Michal
INV
INT
INV
INT
INV
INT
INV
INT
ARI
FSS
FSI
INV
INT
SUB
SUB
SUB
SUB
DUP
SUB
SUB
SUB
CWS
CWS
INI
INI
1/3912014 3/31/2014 IND
1/30/2014 1/30/2014
10/15/2013 12/13/2013 INO
10/15/2013 10/15/2013
9/6/2013 9/11/2013 SUS
9/6/2013 9/6/2013
8/19/2013 10/18/2013 IND
8/19/2013 8/19/2013
8/12/2014
3/6/2013 7/24/2014
3/6/2013 3/6/2013
2/13/2013 4/8/2013 IND
2/1'3/2013 2/13/2013
APRV
APRV
APRV
APRV
APRV
Case open-CPS required
Case open-CPS required
Closed as Duplicate
Case 9pen-CPS required
Case open-CPS required
CPS - Familial
CPS - Familial
CPS - Familial
CPS - Familial
CPS - Farnilial
CPS - Familial
CPS - Familial
CPS - Familial
CPS - Familial
CPS - Familial
CPS - Familial
~ WORKER NAME ROLE TELEPHONE DISTRICT OR REGIONAL OFFICE
29443769 Hodges,Nakiema
29443769 Hau.Claudett
Histor.
Primary
Historical
Secondary
(718) 221-4099
(718) 221-4038
Brooklyn Field Office
Brooklyn Field Office
STAGE 10 WORKER NAME ROLE TELEPHONE DISTRICT OR REGIONAL OFFICE
294436Q6 Nixon Jr.Jake Histor.
Primary
(646) 935-1427 Acs Emergency Ct)ildren's Servi
;STAGE 10 WORKER NAME ROl& TELEPHONE DISTRICT OR REGIONAL OFFICE
29271349
29271349
29271'349
Hodges,Nakiema
Hall,Claudett
Portilla,Maria
Histor.
Primary
Hlstorlcal
Secondary
Historical
Secondary
(718) 221-4099
(718) 221-4038
(914) 995-3755
Brooklyn Field Office
Brooklyn Field Office
Westchester Co White Plains Of
STAGE 10 VVORKER NAME ROLE TEL.EPHONE DISTRICT OR REGIONAL OFFICE
29271282 Nixon Jr,Jake Histor.
Pnrnary
(64"6) 935-1427 Acs Emergency Children's S"ervi
STAGE 10 WORKER NAME ROLE TELEPHONE DISTRICT OR REGIONAL OFFICE
29207514 Hodges,Nakiema Histor.
Primary
(718) 221-4099 Brooklyn Field Office
STAGE 10 WORKER NAME ROLE TELEPHONE DISTRICT OR REGIONAL OFFICE
29207384 Kirkland,Karen Histor.
Primary
(718) 245-5902 Brooklyn Field Office
Date Printed: 8/12/2014 1:13:36 PM Page: 1
CONNECTIONS *****WARNING*****
STAGE SlJMMARY CONFIDENTIAL INFORMATION
AUTHORIZED PERSONNEL ONLY
STAGE:
Investigation
CASE 10: 25530612 STAGE 10: 28880634
CASE NAME: Ederi,Michal STAGE NAME: Ederi,Michal
CD: K12 REPORT DATE: 2/13/2013
STAGE IQ WORKER NAME
BQb5
TELEPHONE DISTRICT OR REGIONAL. OFFICE
29182833 Hodges,Nakiema Histor. (718) 221-4099 Brooklyn Field Office
Primary
29182833 Harris,Melane Historical (718) 735-2416 Brooklyn Field Office
Secondary
STAGE 10 VI/ORKER NAME ROLE TELEPHONE DISTRICT OR REGIONAL OFFICE
29182617 Kirkland,Karen . Histor. (718) 245-5902 Brooklyn Field Office
Primary
STAGE 10 WORKER NAME ROLE TELEPHONE PISTRICT OR REGIONAL OFFICE
?9761180 Ari,E-G Primary No Phone Available Nys Office Children & Families
10' WORKER NAME ROLE TELEPHONE DISTRICT OR REGIONAL OFFICE
'28915724 Hodqes.Nakierna Histor. (718) 221-4099 Brooklyn Field Office
Manager
STAGE 10 WORKER NAME ROLE TELEPHONE DISTRICT OR REGIONAL OFFICE
28914864 Hodqes.Naklerna Hlstor, Case (718) 221-4099 Brooklyn Freid Office
Worker
STAGE 10 WQ.RKER NAME. ROLE II;LEPHONE DISTRICT OR REGIONAL' OFFICE
28880634 Hodges,Nakiema Histor. (718) 221-4099 Brooklyn Field Office
Primary
STAGE 10 WORKER NAME ROLE TELEPHONE OR REGION-AL OFFICE
28880604 Nixon Jr.Jake Histor. (646) 935-1427 Acs Emergency Children's Servi
Primary
Date Printed: 8/12/2014 1:13:36 PM Page: 2
CONNECTIONS
STAGE SUMMARY
*****WARNING*****
CONFIDENTIAL INFORMATION
.'
AUTHORIZED PERSONNEL ONLY
CASE 10:
CASE NAME:
CD:
25530612
Ederi,Michal
K12
STAGE:
STAGE 10:
STAGE NAME:
REPORT DATE:
Investigation
28880634
Ederi,Michal
2/13/2013
PERSON LIST
ID
2
NAME
Ederi,Michal
PERSON 112 REL/INT
36461951 Mother
O.O.B.
3/11/1975
SEX
F
ROLE
Confirmed
Subject
ETH.
NH
RACE
White
,bANG
Hebrew
REL
Ederi, Yosefg 39290263 8io. Father 10/14/1971 M Confirmed
Subject
Not
Reported
English
3 Ederi, Yiroel 24139894 Sibling 7/26/1994 M No Role NH Not
Reported
English
2 Ederi,Abraham 36461960 Child 6/12/1997 M Confirmed
Maltreated
NH White English
2 Ederi,Sarah 36461962 Child 11/13/2000 F Confirmed
Maltreated
NH White English
2 Ederl.lssac 36461964 Child 6/24/2005 M Confirmed
Maltreated
NH White English
2" Ederi,Jacob 37375835 Child 4/18/2012 M Confirmed
Maltreated
NH White English
... . .. ... ....._ .. .. __"_.",,,_,,...._..,,,,,,,"_".n__ __... _ .... _,--"''''----... _,.
i
I
I __M'W
3
Date Printed: 8/12/2014 1:13:36 PM
Page:
CONNECTIONS *****WARNING*****
STAGE SUMMARY CONFIDENTIAL INFORMATION
STAGE: Investigation
CASE 10: 25530612 STAGE 10: 28880634
CASE NAME: Ederi,Michal STAGE NAME: Ederi,Michal
CD: K12 REP/ORT DATE: 2/13/2013
ALLEGATIONS
MA/AB CHILD: Ederi,Abraham CHILD ID:
36461960
SUBJECT: Ederi,Michal SUBJECT 10: 36461951
ALLEGATION: Inadequate Guardianship UNSUB/SUB: SUB
MAIAB CHILD: Ederi,Abraharn CHILD 10:
36461960
ALLEGED SUBJECT: Ederi,Yosefg SUBJECT 10: 39290263
ALLEGATION: inadequate Guardianship UNSUB/SUB: SUB
MA/AB CHILD: Ederi, Sarah caun 10:
36461962
ALLEGED SUBJECT: Ederi,Michal SUBJECT 10: 36461951
ALLEGATION: Inadequate Guardianship UNSUB/SUB: SUB
MA/AB CHtLD: Ederi,Sarah CHILD 10:
36461962
ALLEGED SUBJECT: Ederi, Yosefg .sUBJECT 10: 39290263
ALL.EGATION: Inadequate Guardianship UNSUB/SUB: SUB
MA/AB CHILD: Ederi,lssac CHILD 10:
36461964
ALLEG.ED SUBJECT: Ederi,Michal SUBJECT 10: 36461951
ALLEGATION: Inadequate Guardianship UNSUB/SUB: SUB
MAIAB CHILD: Ederi,lssac CHILD 10:
36461964
ALLEGED SUBJECT: Ederi,Yosefg SUBJECT ID: 39290263
J\LLEG.ATION: Choking/ Twistingl Shaking UNSUB/SUB: SUB
MAIAB -CHILD: Ederi,lssac CHILD 10:
36461964
ALL.EGED SUBJECT: Ederi,Yosefg SUBJECT 10: 39290263
ALLEGATION: Inadequate Guardianship UNSUB/SUB: SUB
I\,1A/AB CHILD: Ederi,Jacob CHILD 10:
37375835
ALLEGED SUBJECT: Ederi,Michal SUBJECT 10: 36461951
ALLEGATION: Inadequate Guardianship UNSUB/SUB: SUB
MA/AB CHILD: Ederi,Jacob CHILD 10:
37375835
ALL.EGED SUBJECT: Ederi I Yosefg SUBJECT 10: 39290263"
ALLEGATION: Inadequate Guardianship UNSUB/SUB: SUB
Date Printed:,8/12/20141:13:36 PM
Page: 4
CONNECTIONS *****WARNING*****
STAGESUMMARY CONFIDENTIALINFORMATION-
AUTHORIZEDPERSONNELONLY
STAGE: Investigation
CASE10: 25530612 STAGE10: 28880634
CASENAME: Ederi,Michal STAGENAME: Ederi,Michal
CD: K12 REPORTDATE: 2/13/2013
INTAKE NARRATIVE
Call Narrative
Narrative: Father Yosef Gad is violent and out of control. Last month father twisted the ann
of ]0 year old Sarah for unknown reasons and left a mark on the child's arm. On multiple
occasions father engaged in physical fist fights with 16 year old Abraham in the presence of 10 '
year old Sarah, 7 year old Isaac, and 9 month old (name unknown). Father took Abraham to a
department store and taught the child how to steal an iPhone. Mother is aware of the father's
behaviors but has not intervened to protect the children,
)YNN'r"o'YV"""......, .......... I'H'.y.yN...-.N'oV..N._V.. __ ...,.,.
;
Page:
Date Printed: 8/12/2014 1:13:36 PM
5
CONNECTIONS
STAGE SU"MARY
*****WARN1NG*****
CONFIDENTIALINFORMATION _:
A.UTHORIZED PERSONNELONLY
CASEID:
CASE NJJkME:
CD:
25530612
Ederi,Michal
K12
STAGE:
STAGEID:
STAGE NAME:
REPORT DATE:
lnvestiqation
28880634
Ederi,Michal
2/13/2013
SAFETYASSESSMENT
AssessmentDate: 04/05/2013 EventStatus: APRV
Type: Inv. Determination EventDate: 04/05/2013
Decision: 3. One or:.more SafetyFactorsare presentthatplace the child(ren)inimmediateorimpendingdangerof serious
harm. ASafetyPlan is necessaryand has been implemented/maintainedthroughthe actionsofthe
Parent(s)/Caretaker(s)and/oreitherCPS or Child Welfarestaff. The child(ren)will remain inthe care of the
Parent(s)/Caretaker(s).
Selected Factors:
1. Based on yourpresentassessment.and review ofpriorhistoryofabuseormaltreatment,the Parent(s)/Caretaker(s)isunable
or unwillingtoprotectthe child(ren).
Comment:
"Thefamilyhas two prior unfounded reportswith ACS. The priorhistorycontainsallegationsof EXCP and allegationof"Other"which
referredto Mr. Ederi'scriminal historyof sexuallymolesting achild. He currentlyhas acase pending incriminal court.
4. Child(ren)has experiencedor islikelyto experiencephysical orpsychological harm as aresultofdomesticviolenceinthe
household.
Comment:
I ---=:-I-=----.JMr. abusivetoMrs. Ederi inthe presence. Mrs. Ederi
screamsartierand cursesher. he blamesher becausethe children are not practicingthe JewishreTrglon.
6. Par'ent(s)/Caretaker(s)has arecenthistoryofviolenceand/oriscurrentlyviolent and out ofcontrol.
Comment:
Mr. isviolenttowardsthe . into his. Yisorel. Mr.
Ederi twistedSarah'sarm aboutamonth ago. AErahamr j Mr. Eden threw juiceon his nnrunq hisSUItwhile hewas
dressed to attend awedding. . '"
9. Child(ren)has experienced seriousand/orrepeated physicalharm orinjuryand/ortheParentisj/Caretakerts)has madea
plausiblethreatofseriousharm or injuryto the child(ren).
Comment:
.w ... Mr. Ederi twisted her arrn causing herto sustain abruise and her armtohurt.
10. Parent(s)/Caretaker(s)views, describesDracts towardthe child(ren)inpredominantlynegativetermsand/orhas extremely
unrealisticexpectationsofthe child(ren).
Comment:
Mr. Ederi acts inpre_Q.QJIlLQsltLtlY_Degative w'aystowardsthe children bygettinginto fightswith them. He does not providefor the
children needs. 8M ...wo....nw""oV..Jhe does not give her moneytotake care ofthe children'sneeds.
14. Child(ren)expressesorexhibitsfear of being inthe homedue to currentbehaviorsof Parent(s)/Caretaker(s)or other
personsliving in, orfrequentinq the household.
.. .. due to his behaviorofmolestingother SheL\"'Y' _'u OVNJdoes not sleep
Inher room as aresurEL ---.-Jlierroom IS closetowhereher fathersleepsonthe couch In the liVingroom.,SFiecurrently
.sleepsinher mother'sroom.
SafetyFactorsthatplacethe childlren)in immediateorinlpendingdangerofseriousharm:
4. Child(ren)has experiencedor islikelyto experiencephysicalor psychologicalharm as aresult"ofdomesticviolenceinthe
Date Printed: 8/12/20141:13:36 PM
Page: 6
CONNECTIONS *****WARNING*****
STAGE SUMMARY CONFIDENTIAL INFORMATION
AUTJiORIZED PERSONNEL ONLY
STAGE: Investigation
CASE 10: 25530612 STAGE 2888.0634
CASE NAME: Ederi,Miehal STAGE NAME: Ederi,Michal
CD: K12 REPORT DATE: 2/13/2013
household.
10. Parent(s)/Caretaker(s) views, describes or acts toward the child(ren) in predominantly negative terms and/or has extremely
unrealistic expectations of the child(ren).
14. Child(ren) expresses or exhibits fear of being in the home due to current behaviors of Parent(s)/Caretaker(s) or other persons
living in, or frequenting the household,
Parent/Caretaker Actions:
The family denied the allegations of the father L-... ---lfather has acted in this manner by
himself but has never shown the children how to steal. fatlleris verBaTly and physically aggressive in-the
home. Family is aware of the sexual abuse allegati.ons"ag81nst tne rather an t e children denies the father has touched them in
an inappropriate manner. Mother is planning on leaving the father. will continue to monitor the home. Mother will continue to
receive counseling with the Jewish Board. Family meeting will be schedule to develop a more comprehensive safety plan.
Controlling Interventions:
.0 Judicial Intervention
Order of Protection
Use of Family, Neighbors, or Other Individuals in the Community as Safety Resources (specify)
Comnlents:
The case was filed in Brooklyn Family court and the CHN were released to MO with ACS supervision. There is an active OOP in
place against the SF. The family will receive' PPRS services with Ohel
Page:
Date Printed: 8/12/2014 1:13:36 PM
7
CONNECTIONS
S'rAGE SUMMARY
*****WARNING*****
CONFIDENTIALINFORMATION
AUTHORIZEDPERSONNELONLY
CASE 10:
CASE NAME:
CD:
25530612
Ederi,Michal
K12
STAGE:
STAGE10:
STAGE
REPORTDATE:
Investigation
28880634
Ederi,Michal
2/13/2013
SAFETY'ASSESSMENT
AssessmentDate: 02/20/2013 EventStatus: APRV
Type:
CPS 7day EventDate: 02/20/2013
Oecisio.n.;, 3. One ormore SafetyFactors are presentthat place the child(ren)inimmediateorimpendingdangerofserious
harm. ASafetyPlan is necessaryand hasbeen implemented/maintainedthrough the actions ofthe
Parent(s)/Caretaker(s)and/oreitherCPS orChild Welfare staff. The child(ren)willremain inthe care ofthe
Parent(s)/Caretaker(s).
SelectedSafetyFactors:
1..Based onyour presentassessmentand review ofprior historyofabuse ormaltreatment,the Parent(s)/Caretaker(s)isunable
orunwilli'!gto protect child(ren).
Comment:
The family hastwo prior unfounded reports with ACS. The priorhistorycontainsallegationsofEXCP and allegationof"Other" which
referred'to Mr. Ederi's criminal historyofsexuallymolestingachild. Hecurrentlyhas acase pending incriminal court.
4. Child(ren)has experienced orislikelytoexperiencephysical orpsychological harm as aresult ofdomesticviolenceinthe
household.
Conlment:
Mr. abusiveto Mrs. Ederi inthe presence..Mrs. Ederi Mr. Ederi
screamsatlie,.ana curses her.L--...,_.wJ he blames her becausethechildren arenot practiCingthe. Jewisn rengron.
6. Parent(s)/Caretaker(s)has arecenthistoryofviolenceand/oriscurrentlyviolentand outofcontrol.
Comment:
'
Mr. Ederi isvioJenttowardsthe children.L . into constantfights with hissons Abrahamand Yisorel. Mr. v. .w ,--.
Ederi twisted Sarah's arm about amonth ago-:A1:Jr8namr Mr. Ederi threwjuice on hisruining hissuitwhile hewas
dressed to attend awedding. ....
9. Child(ren)has experienced seriousandlorrepeated physical harm orinjuryand/orthe Parent(s)/Caretaker(s)has made a
plausible threatofserious harm 0)'injurytothe child(ren).
Comment:
Sarah Mr.Ederi twistedher arm causing her to sustain abruise and her arrnto hurt.
O. Parent(s)/Caretaker(s)views.describesoracts toward the chilcl(ren)inpredominantlynegativeterms and/orhas extremely
unrealisticexpectationsofthe child(ren).
Comment:
Mr. Ederi acts in .. negativeways towardsthe children bygetting intofights with them. Hedoes notprovide for the
children needs. 8ML ..,"".-NJhedoes notgive her moneytotake care ofthe children's needs.
14. Child(ren)expressesorexhibits fear ofbeing inthe home due tocurrentbehaviorsofPar-ent(s)/Caretaker(s)orother
personsliving in, orfrequenting the household.
Comrnent:
__ duetohis behaviorofmolestingother children. Sher-w'.-YAWH_Aw---"ldoesnot sleep
inher room'8s
ua
resu-['l fheF"'room isclose to'where herfathersleeps onthe couch iiithe
sleeps inhermother's .
'SafetyFactorsthatplace.thechild(ren)in immediateorimpendingdangerofseriousharm:
4. Child(ren)has experiencedorislikely to experiencephysical or psycholoqlcalharmasaresult ofdomesticviolenceinthe
household.
Date Printed: 8/12/2014 1:13:36PM
Page: 8
CONNECTIONS *****WARNING*****
STAGE SUMMARY CONFIDENTIAL INFORMATION'
AUTHORIZED PERSONNEL ONLY
STAGE: Investiqatlon
CASE ID: 25530612 STAGE 10: 28880634
CASE NAME: Ederi,Michal ,STAGE NAME: Ederi,Michal
CD: K12 REPORT DATE: 2/13/2013
10. Parent(s)/Caretaker(s) views, describes or acts toward the child(ren) in predominantly negative terms and/or has extrernely
unrealistic expectations of the child(ren).
' 14. Child{ren) expresses or exhibits fear of being in the home due to current behaviors of' Parent(s)/Caretaker(s) or other persons
living in, or frequenting the household.
ParentfCaretaketr Actions:
The family denied the allegations of the father .......[father has acted in this manner by
himself but has never shown the children how to steal. [ . .Jf8ther is verbally and physically aggressive.in the
home. Family is aware of the sexual abuse allegations children denies that the father has touched them in
an inappropriate manner. Mother is planning on leaving the father. CPS will continue to monitor the home. Mother will continue to
receive counseling with the Jewish Board. Family meeting will be schedule to develop a more comprehensive safety plan.
Controlling Interventions:
Use of Farnily, Neighbors, or Other Individuals in the Community as Safety Resources (specify)
Commc'nts:
Mother feels she is able protect the children from the father. Mother continues to attend counseling with OHEL. Fan-lily Meeting will
be schedule to develop a safety plan.
Page:
Date Printed: 8/12/2014 1:13:36 PM
9
CONNECT/OIlS . *****VVARNING*****
STAGE SUMMARY CONFIDENTIAL INFORMATION
AUTHORrzED PERSONNEL ONLY
'STAGE: Investigation
CASE 10: 25530612 STAGE 10: 28880634
CASE NAME: Ederi,Michal STAGE NAME: Ederi,Michal
CD: K12 REPORT DATE: 2/13/2013
Page: 10
Date Printed: 8/12/2014 1:13:36 PM
CONNECTIONS
STAGE SUMMAf?Y
*****WARNING*****
'CONFIDENTIAL INFORMATION
AUtHORIZED PERSONNEL ONLY
GASE ID:
CASE NAME:
CD:
25530612
Ederi,Michal
K12
STAGE:
STAGE 10:
S'TAGE NAME:
REPORT DATE:
Investigation
28880634
Ederi,Michal
2/13/2013
CONCLUSION
Investigation Dates
Incident Occurred:
Investigation Begun Date:
investigation Completed
Date:
Intake Received Date:
02/13/2013
04/05/2013
02/13/2013 Time:
Time:
09:03 PM Risk Rating: Very High
Determination: Indicated Duplicate Stage 10:
Closure
Reason:
Case open-CPS required
.High Risk Conl rnents:
Fatality No Surviving Children: No
INVESTIGATIONCONCLUSIONNARRATIVE
The InvestigationNarrative mustaddress each allegation for each identified child and subject in the report. Please note
thatan allegationinvolvingmultiplechildrenor subjectsmaybe addressedinthe samestatement. (SeeHelpfor Examples.)
Usingthe standardof"SomeCredibleEvidence",please explain howthe evidence complieswith each ofthe respective
Elements ofthe legal definition ofAbuseand Maltreatment, as applicable. Evidence mustalso complywith jurisdictional
requirements, includingwhocan be consideredasubjectof areport.
For SubstantiatedAbuseAllegationsGoTo SectionA.
For SubstantiatedMaltreatmentAllegationsGo To SectionB.
ForUnsubstantiatedAllegationsGo To SectionC.
SectionA LEGALDEFINITION- ABUSE
Subjectinflictsor allowstobe inflictedphysical injuryto the childby otherthan accidentalmeanswhichcausesor
createsasubstantialrisk ofdeath,or seriousorprotracteddisfigurement,orprotractedimpairmentof physicalor
emotionalhealthorprotractedloss or impairmentof the functionof any bodilyorgan; OR
Subjectcreatesor allowsto be createdasubstantialriskof physicalinjuryto the childby otherthanaccidental
meanswhichwouldbe likelyto. causedeathor seriousor protracteddisfigurement,or protractedimpairmentof
physicalor emotionalhealthorprotractedloss or impairmentof the functionofany bodilyorgan; OR.
Subjectcommitsor allowstobe committedasex offenseagainstthe childasdefinedinPenalLaw,Article 130;
allows,permitsor encouragesthe childto engageinanyact describedin PenalLaw,Sections230.25,230.30.or
230.32; cormnitsany of the acts describedinPenalLaw,Section255.25;or allowsthe childto engagein acts or
conductdescribedinPenal Law,Article263 (Ageand corroborationrequirementsof PenalLaw.Article263 do not
Page: 11
Date Printed: 8/12/2014 1:13:36 PM
CONNECTIONS ***'**WARNING*****
STAGE SUMMARY CONFIDENTIALINFORMATION
AUTHORIZEDPERSONNELOI\lLY
STAGE: lnvestigati"on
CASE10: 25530612 STAGE10: 28880634
CASENAME: Ederi,Michal STAGENAME: Ederi,Michal
CD: K12 REPORTDATE: 2/13/2013
apply).
Foreach substantiatedallegationofa.buse, pleasedescribehow the evidencegatheredsupportsthefinding
ofabuse:
SectionB LEGAL - MALTREATMENT
Theelementsofmaltreatmentare:
A. 1. The physical,mental,emotionalconditionofthe childhas beenimpairedorplacedinimminentdangerof
impairment; AND
2. Subjectfailed to exerciseaminimumdegreeofcare
insupplyingadequatefood, clothing,shelter,education,medical,dental, optimetricalorsurgicalcare,
thoughfinanciallyable to do so orofferedfinancial or otherreasonablemeansto do so; OR
inprovidingpropersupervisionor guardianship; OR
.. unreasonablyinflictingor allowingto be inflictedharmorasubstantialriskof harm,including:
"inflictionofexcessivecorporalpunishment;or
misuseofdrugs;or
misuseofalcohol tothe extentthat the subjectloses self-controlofhis orher actions; or
otheracts ofasimilarlyseriousnature; AND
3. There isacausal connectionbetween1and 2--- thefailureto exerciseaminimumdegreeofcare causedthe
impairmentor imminentdanger ofimpairment;
B4I The subjectof this reportdemonstratedanintentto foregohis orher parentalrightsand obligationsasmanifestedby
the subject'sfailureto visitor communicatewiththechildalthoughable to do so; OR
c.The subjectofthe'report inflictedserious injuryuponachildby otherthanaccidental means,
Foreach substantiatedallegationofmaltreatment,pleasedescribehow the evidencegatheredsupportsthe
findingofmaltreatment:
At this time allegations of inadequate Guardianship against M0 Michal' Ederi and BF Gad YosefEderi is being
substantiatedatthistimeduetocredibleevidence. MOandtheBFallowedthetwooldestboystosmoke
marijuanainthehome. TheCHNwasalsocaringfortheCIINwhilesmokingmarijuanainthehome. TheCH
Avarahamhasnotbeenattendingschoolforthepastthreemonthandwasallowedtostayinthehomeinsteadof
attendingschool. Thehomewasin deplorableconditionsanditwasnotuntilACSbecameinvolvedthatthe
familydecidedtocleanthehome.
At this time the.allegationsof choking/twisting/shaking is being substantiated againstBF'GadYosefEden due
tocredibleevidence. BF theCHSarah'sarmdueto theC_,QmItlQg_QQJ!1e 18:te.BFlefta wad<
CH'sarm. AlthoughCPSdidnotobserveamarkontheCH'sannL"""__._V_.WNNMNHoY,_.. ""'_, .-w"''''''_.J
the
DatePrinted:8/12120141:13:36PM Page: 12
CONNECTIONS *****WARNING*****
STAGE SUMMARY CONFIDENTIAL INFORMATION
AUTHORIZED PERSONNEL ONLY
STAGE: Investigation
CASE 10: 2553061'2 STAGE 10: 28880634
CASE NAME: Ederi,Michaf STAGE NAME: EderiJMichal
CD: K12 REPORT DATE: 2/13/2013
CPS filed the case in court and the CHN were released to MO with ACS supervision, There is a OOP in place
against BF for the eHN'. The family was referred to PPRS services.
Section C UNSUBSTANTIATED
For each unsubstantiated allegation, please describe how the evidence gathered does not support a finding
of abuse or maltreatment as defined in the elements above. Please be sure to address each allegation for
.each child and subject:
Page: 13
Date Printed: 8/12/2014 1:13:36 PM
CONNECTIONS
STAGE SUMMARY CONFIDENTIALINFORMATION
AUTHORIZEDPERSONNELONLY
STAGE: Investigation
CASEID; 25530612 STAGE10: 29182833
CASENAl\nE: Ederi,Michal STAGENAME: Ederi,Michal
CD: K14 REPORTDATE: 8/19/2013
CASE S:UMMARY
STAGE 10 STAGE NAME STAGE. TYPE DTOPEN DrCLOSE QL STAT. REASON STAGE CLASS. SUB..
CLOSED CLASS
29443769 Eden, Michal INV SUB 1/30/2014 3/31/2014 IND APRV" Caseopen-CPSrequired CPS - Familial
29443606 Ederi,Michal INT SUB 1/30/2014 1/30/2014
CPS - Familial
29271349, Ederi,Michal INV SUB 10/15/2013 12/13/2013 INO APRV Caseopen...CPSrequired CPS... Familial
29271282 Ederi.Michal INT SUB 10/15/2013 10/15/2013
CPS- Familial
29207514 Eden,Michal rNV DUP 9/6/2013 9/11/2013 SUS APRV ClosedasDup'licate CPS - Familial
29207384 Ederi,Michal INT SUS 9/6/2013 9/6/2013
CPS- Farnillal
29182833 Ederi,Michal lNV 8/19/2013 10/18/2013 INO APRV Case open-CPS required CPS ..Familial
29182617 Ederi,Michal INT SUB 8/19/2013 8/19/2013 CPS ..Familial
289'15724 Ederi,Michai FSS CWS 3/6/2013 7/24/2014
28914864 Ederi,Michal FSI CWS 3/6/2013 3/6/2013
28880634 Ederi.Michal INV INI 2/'13/2013 41812013 INO APRV Caseopen-CPS required CPS... Familial
28880604 Ederi,Michal INT INI 2/13/2013 2/13/2013 CPS - Familial
STAGE10 ROLE TELEPHONE D1STRICT ORREGIONALOFFICE
29443769 Hodges,Nakiema Hlstor, (718) 221-4099 BrooklynField Office
Primary
29443769 Hall,Claudett Historical (718)221-4038 BrooklynFieldOffice
Secondary
STAGEID WORKERNAME ROLE TELEPHONE DISTRICTOR REGIONALOFFICE
29443606 Nixon Jr.Jake Histor. .(646) 93&-1427 AcsEmergencyChildren'sServi
Primary
STAGEID WORKERNAME BQ.b.E
TELEPHONE PISTRI:CTO.RREGIONALOFFICE
'29271349 Hodges,Nakiema Histor. (718) 221-4099 BrooklynFieldOffice
Primary
29271349 Hall.Claudett Historical (718) 221-4038 Brooklyn FieldOffice
Secondary
29271349 Portilla,Maria Historical (914)9Ss..3755 Westchester CoWhitePlainsOf
Secondary
WORK.ER NAIVIE ROLE TELEPHONE DISTRICTOR REGIONALOFFICE
29271282 NixonJr,Jake Histor. (646)935-1427 Acs EmergencyChildren'sServi
Prim;ary
STAGE ID WORKER NAME TELEPH9NE DISrRICTOR REGiONALOFFICE