By DAN HIGGINS, Staff writer Tuesday, June 19, 2007
BALLSTON SPA - The parents of Shenendehowa first-grader have sued their son's former teacher, Christopher Culver, based on accusations that he sexually molested the boy during this school year.
The civil suit seeks unspecified damages. It was filed Monday in State Supreme Court in Saratoga County.
The Times Union is withholding the family's name in order to protect the identity of the first grade student.
The suit alleges that Culver, 32, "Sexually molested, abused, assaulted, battered and sexually and inappropriately touched'' the victim. The suit says the boy suffered physical and emotional harm and that his family has been traumatized.
Culver has 20 days to respond to the suit.
Culver is accused of sexual contact with seven of his male students during the school year.He was put on leave in February immediately after his arrest in February. In May he was indicted on 49 criminal counts by a Saratoga County grand jury. He pleaded not guilty to all of the charges and has remained free on $50,000 bail.
Parents file suit against suspect in sex abuse case Shenendehowa teacher accused of molesting first-grade boys BY KATHY PARKER Gazette Reporter Reach Gazette reporter Kathy Parker at 885-6705 or kparker@dailygazette.net.
The parents of two young boys allegedly molested by a Shenendehowa Central School District teacher have filed suit against him seeking money for their sons’ physical and emotional distress. The parents are represented by Albany attorney Arthur Siegel, who said no specific amount of money is identified in the suit filed Monday in state Supreme Court in Saratoga County. Although the parents’ and children’s names are included in the lawsuit, The Daily Gazette is not identifying them because the children are alleged victims of a sex crime. Christopher Culver, 32, has been indicted on 41 felony counts charging him with sexual abuse of first-grade boys. The indictment charges Culver with 29 counts of first-degree sex abuse, 12 counts of felony second-degree sexual conduct against a child and eight counts of endangering the welfare of a child. Culver was arrested in February when police said they had evidence he abused six pupils. According to the civil lawsuit filed by the parents, “Christopher Culver sexually molested, abused, assaulted, battered and sexually and inappropriately touched [the children].” They seek money because the children were “caused severe and emotional distress and injury,” according to the court papers. Culver, an Okte Elementary School teacher, was arrested Feb. 11 after one of the parents told the school district and state police that her son told her something about Culver’s conduct that she found upsetting. Police investigators said Culver’s alleged actions appeared to have started this year. Culver is free on $50,000 bail and is barred by court order from any contact with the school or students. An eight-year teacher in the district, Culver remains on paid leave until the criminal case is settled. Siegel also represents the two boys and their parents in a notice of claim filed two months ago against the Shenendehowa School District. A notice of claim precedes the actual filing of a lawsuit. He said the district has the right to a hearing before an actual lawsuit is filed. “ ‘Hearing’ is misleading. It’s actually an opportunity for the municipality to ask questions of the parents; it’s not a proceeding in front of a judge,” Siegel said.
Culver admits he abused his students Shen teacher pleads guilty to all 49 charges
By DAN HIGGINS, Staff writer Monday, November 26, 2007
BALLSTON SPA -- Clifton Park elementary school teacher Christopher Culver admitted in court this morning that he molested eight of his first-grade students, pleading guilty to all charges against him as his trial was about to get under way in Saratoga County Court.
Culver sobbed and shook throughout his morning court appearance, at points forcing Judge Jerry Scarano to slow the proceedings to allow the 33-year-old defendant to compose himself.
Culver faces 12 years in prison when he is sentenced in January.
Assistant District Attorney Jennifer Jensen told the Times Union that State Police late last week investigated a credible tip that Culver was making plans to flee the United States for Colombia rather than face trial. Colombia has no extradition treaty with the U.S.
Prosecutors asked for a court order last week to seize Culver's passport, license, birth certificate, and social security card. They notified airports, the FBI, Interpol and other law enforcement agencies about the possibility Culver would try to flee, prosecutors said.
Culver's guilty plea happened as jury selection was set to begin in his trial. The plea spares eight of his Okte Elementary School students from having to describe the abuse in trial testimony.
A 49-count indictment accuses Culver of touching the genitals of eight boys during the school day in his classroom.
"A defendant is not entitled to a plea bargain. In this case the crime of sexually abusing children is so egregious that we insisted on a plea of guilty to all the crimes for every child," District Attorney James Murphy said.
Murphy said prosecutors sought more prison time for Culver but by pleading guilty to all counts in the indictment the defendant in effect plea bargained the case with the judge instead of the DA's office which was offering no deal, Murphy said.
Culver was arrested in February after a student at the elementary School in the Shenendehowa district said something alarming to his parents about his teacher's conduct. The parents called police, and Culver was arrested. Afterward, seven more students have come forward alleging abuse.
Had he gone to trial, Culver faced the likelihood jurors would hear incriminating remarks he made to police. State Police investigators testified at a hearing this summer that Culver admitted to touching six boys, that he needed psychological help and said that his career was finished. A judge ruled that those statements may be used at trial.
Culver's attorney, Terence L. Kindlon, planned to challenge the written statement's credibility because there is no audio or videotape of it.
When the allegations came to light earlier this year, hundreds of parents of students at Okte attended an emergency meeting organized by the district. There, Superintendent L. Oliver Robinson said he and other administrators were shocked by the allegations, and that children and faculty members would have access to counselors.
Culver was still on paid leave when he went to court Monday morning. His conviction is likely to cause his termination.
The parents of two students have filed lawsuits against Culver and the school district. Those civil cases are still pending.
Teacher admits sex abuse DA: Culver chose ‘most vulnerable’ boys BY KATHY PARKER Gazette Reporter
Former elementary teacher Christopher Culver rocked from side to side and wept uncontrollably Monday morning as he pleaded guilty to 49 felony counts related to the sexual abuse of first-grade boys in his classroom. Culver, 33, was arrested in February and charged with abusing eight of his former students at Okte Elementary School in the Shenendehowa Central School District. Jury selection was set to begin BALLSTON SPA Monday when Culver’s attorney, Terence Kindlon, said his client was prepared to plead guilty to each charge, including 29 counts of first-degree sex abuse. Culver stood before Judge Jerry Scarano in a black suit, and as the individual counts were read to him, the defendant began to cry. “Try to compose yourself,” the judge said. “Take deep breaths.” Culver’s bail was revoked after the court proceeding, and he was taken to the Saratoga County Jail to await his sentencing in January. Scarano said Culver is expected to be sentenced to 12 years in state prison, and he will have to register as a sex offender when he gets out. In addition to the sexual abuse charges, Culver pleaded guilty to 12 counts of felony second-degree sexual conduct against a child and eight counts of endangering the welfare of a child. Culver worked at Okte Elemen- tary School for eight years. The school district placed him on paid leave until the case is settled. Kindlon said he will resign in January after his sentencing. Assistant District Attorney Jennifer Jensen has also asked that Culver surrender his license to teach. She said police had received information last week that Culver was planning to leave the country, and she asked the judge to order Culver to surrender his passport and birth certificate immediately. Jensen called the guilty pleas “bittersweet.” “I’m glad these children were spared the trauma of a trial, but they have been through so much,” Jensen said. She said the eight boys had been taken to the courthouse last week and were asked to sit in the witness stand and to answer questions as practice for the anticipated trial. District Attorney James Murphy III said Culver apparently chose his victims based on how quiet they were and unlikely to tell what had happened. “My sense of this is that he chose the boys who were most vulnerable,” Murphy said. “He had some of his students for two years and knew them very well.” Jensen called Culver “a monster” and his victims “heroes.” “These little boys were, in some cases, stronger than their parents. The community owes them a debt of gratitude,” she said. Kindlon said Culver “is a very sensitive human being. He decided to make his plea for all the right reasons.” He said he couldn’t comment on whether Culver had ever offered an explanation for his actions. “He pleaded guilty because he is guilty,” Kindlon said. “Some people are overpowered by things that are beyond their control.” As Culver made his plea, dozens of potential jurors waited on the second floor of the courthouse. They had stood on line for up to 20 minutes waiting to go through the metal detector to enter the building. Culver is scheduled to be sentenced on Jan. 21. COURTESY CBS 6 Christopher Culver, left, and his attorney Terence Kindlon enter court on Monday.
how about this for an equation. Figure out the order of the children who were abused.
Child 1 punishment = 18 - childs age Child 2 punishment = (18 - childs age) x 2 Child 3 punishment = (18 - childs age) x 3 Child 4 punishment = (18 - childs age) x 4 Child 5 punishment = (18 - childs age) x 5 Child 6 punishment = (18 - childs age) x 6 Child 7 punishment = (18 - childs age) x 7 Child 8 punishment = (18 - childs age) x 8
Now, looking at first graders, you're talking 5 or 6 years old. This would put the sentancing for this man around the rest of his life, and I would also say...without possibility of parole. 180 years - 216 years, if my calcuations are correct. Either way, there's one thing this guy wouldn't be seeing for a while...daylight.
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Teacher who admitted abusing students now claims he was 'railroaded' Culver sentenced to 12 years in prison January 22, 2008 By Kathy Parker (Contact) Gazette Reporter Photographer: Ana Zangroniz A Saratoga County sheriff's deputy escorts Christopher Culver into the Saratoga County Courthouse in Ballston Spa for his sentencing Tuesday morning.
BALLSTON SPA — Former Shenendehowa first-grade teacher Christopher Culver said in Saratoga County Court this morning that he was the victim of a witch hunt and vowed to appeal his guilty pleas to 49 felonies for sexually abusing boys in his class. Culver was sentenced to 12 years in state prison by Judge Jerry Scarano. Before sentencing, however, Culver said he was "railroaded" by police and denied his constitutional rights. "I believe the victims' impact statements were very heartfelt and what people believe to be true," Culver said. "But you should consider the possibility that this has been a witch hunt that has occurred to blame me. The police have misused psychiatric documents I did not give them permission to use." Scarano said he was disappointed Culver had not shown any remorse. Culver was accused in February of sexually abusing seven first-grade students and one kindergartner while he was a teacher at Okte Elementary School in Clifton Park. He was later indicted on 49 counts, including 29 counts of first-degree sex abuse, 12 counts of felony second-degree sexual conduct against a child and eight counts of endangering the welfare of a child. He unexpectedly pleaded guilty to all 49 charges as his jury trial was getting under way. Culver's comments this morning followed an hour of statements by mothers of his victims. The women described their young sons' night terrors, bed wetting and physical symptoms including chest pains, all of which followed their abuse by Culver in a classroom. Fathers and mothers in the gallery wept as they listened to other parents describing the toll the crimes have had on their families and especially their young boys. "I sent my son to school and told him, 'Do what the teacher says,'" one mother said. "When we told our son last February that a policeman was coming to talk to him, he went to his bedroom and threatened to jump out of the second floor window."
BALLSTON SPA Child abuser’s appeal still pending action Former Shen teacher filed notice but hasn’t followed up BY KATHY PARKER Gazette Reporter Reach Gazette reporter Kathy Parker at 885-6705 or kparker@dailygazette.net.
Former Shenendehowa teacher and convicted child molester Christopher Culver has filed notice that he plans to appeal his November conviction in Saratoga County Court. But whether the matter will be heard by an appeals court hasn’t been determined. On Jan. 21, Culver was sentenced to 12 years in prison for molesting eight boys in his Okte Elementary School class. Culver, 33, had pleaded guilty to 49 felony counts of an indictment charging he had sexually abused the young boys. He was a kindergarten and first-grade teacher in the Shenendehowa School District before his arrest in February 2007 on the sex abuse charges. He was fired by the district in November following his guilty pleas. In court last month, Culver said he planned to appeal his conviction by withdrawing his guilty pleas, charging that police had violated his rights. His comments followed statements to county Judge Jerry Scarano by parents of the boys who described the trauma that has followed the abuse. Culver said: “I believe the victims’ impact statements were very heartfelt and what people believe to be true, but you should consider the possibility that this has been a witch hunt that has occurred to blame me. The police have misused psychiatric documents I did not give them permission to use.” Saratoga County District Attorney James Murphy said Culver’s former attorney, Terrence Kindlon, filed a notice of appeal on Jan. 24. Kindlon said on the day of sentencing that he would not represent Culver in an appeal. Murphy said although Culver signed a court document waiving his right to appeal, it is not unusual that an appeal notice was filed. “It’s pretty standard that defense attorneys file a notice of appeal even though their clients signed the waiver,” Murphy said. “It’s a one-page notice and we stick it in the file, but nine times out of 10 we don’t hear anything further.” Roger Fritts is a clerk at the state Supreme Court Appellate Division, which is the initial appeals court. Fritts said he didn’t have a record of how many notices of appeal are filed each year, but he agreed with Murphy that only a small number are followed by an actual appeal. “A waiver of appeal forecloses most issues, but there are issues the courts will look at even if a waiver has been signed,” Fritts said. “Ineffectual assistance of counsel is one. If the attorney made a mistake or really messed up, that would make a case for an appeal. If an illegal sentence was imposed, even if all sides agreed to it, that could be appealed.” Fritts said notices of appeal technically have to be filed within 30 days of a sentencing and most lawyers file the notice to keep the option open for their clients. “The appeal, technically, should be filed within 60 days, but it can take a while to get transcripts and the judges are fairly liberal with those deadlines,” he said. He said most complete appeals are decided by the court within a year of their filings.
CLIFTON PARK Court upholds guilty plea in sex case
The Appellate Division of state Supreme Court unanimously upheld the conviction of former Shenendehowa elementary school teacher Christopher Culver on sexual abuse charges. Culver appealed following his guilty plea in January 2008. The appeals court found that Culver’s incriminating statements to state police were given voluntarily. Culver is now serving 12 years in prison. In 2008, he pleaded guilty in Saratoga County Court to the entire indictment charging him with 29 counts of first-degree sexual abuse, 12 counts of sexual misconduct against a child, and eight counts of endangering the welfare of a child, after Judge Jerry Scarano ruled his statements could be used at trial. Culver, now 35, was a first-grade teacher in the Shenenehowa school district. He admitted to sexually touching six boys in his classes between 2002 and 2007. Even though he had pleaded guilty in court rather than go to trial, Culver appealed. ...........>>>>.................>>>>.....................http://www.dailygazette.net/De.....r01503&AppName=1
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