Pediatrician Charged with Exchanging Child Porn, Not a Re-Run!

AZCentral has the report of a Sun City (Arizona) physician charged in federal court with possessing, and exchanging pornographic images of children.  Worse the physician is a a pediatrician bringing to mind the case of Connecticut pediatrician Dr. Earl Bradley featured here and at newsites around the world last December. 

What follows is an excerpt for Stepahnie Russo and Brennan Smith's account:

"A federal judge on Friday issued the release of a Sun City pediatrician accused of sharing thousands of pornographic images of children. Dr. Emilio Luna, 40, is charged with distributing child pornography in interstate commerce. Conditions of his release include that he surrender his passports, wear an electronic monitoring device and not have access to children or the Internet.

Authorities said Luna would not be released until those conditions were met. It was not clear if he remained in custody Friday evening.

Federal authorities arrested Luna on Wednesday after nearly a three-month investigation into the file sharing activity of "Speeedi69." A federal criminal complaint said someone with that user name shared files depicting sexual exploitative images of children engaging in sexual acts, at times with adult men.  FBI Cyber Crimes Squad agents traced the user name's Internet protocol address to Luna's home in Sun City, where he lives with his parents. Agents executed a search warrant of the residence Tuesday, according to the complaint.

During a search of Luna's bedroom, investigators seized two laptops, a desktop computer, four external hard drives and approximately 300 DVDs and DVD-Rs, some of which were encrypted. Investigators also found multiple passports and approximately $15,550 in a file folder in his closet.

Luna began working at Desert Valley Pediatrics in January of this year. Authorities do not know if any of the images were of patients from the West Valley practice [ . . . ]According to the office's website, Luna received his medical degree from the University of California, Los Angeles, in 1996 and has been practicing pediatrics for over 10 years in California, Texas and Arizona.

His practice has been at least temporarily halted. On Friday, Luna signed a voluntary practice restriction on his medical license with the Arizona Medical Board. The restriction prevents him from practicing medicine in Arizona indefinitely, Executive Director Lisa Wynn said.

A conviction of distributing child pornography carries a maximum sentence of 20 years in prison, a $250,000 fine or both, according to the U.S. Attorney's Office"
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In the Earl Bradley case there is alleged, definitive evidence that monstrous crimes were committed by the pediatrician over many years against his patients.  That is not this case in the matter of Dr. Luna, yet. 

One of the most heart-breaking aspects of the Clergy Sex Abuse scandals was the place of honor held by clergy-perpetrators in the minds and memories of parishoners.  Those perpetrators baptised, educated, confirmed, routinely gave out sacraments, and blessings and of course presided over weddings and funerals.  The priest/perpetrators were frequently honored guests in homes, and alawys memorialized in family photos often prominently displayed on mantelpieces. 

I am reminded of these facts, because those of us who brought the original claims arising of child sex abuse by priests we were villified, threatened and insulted in the media.  I related here on Bad Lawyer how a woman I still occasionally encounter, asked me at the time "how do you sleep at night?"  This after I revealed information that a local icon/priest was a serial child molester eventuating his removal.  Her husband, the son of a local judge published my address and suggested that my home be vandalized. Eventually, a Vatican canonical trial found this vile Pastor guilty and he was "defrocked."  A locally reknwoned columnist called me "one of those lawyers who believes everything his client tells him." 

"Professionals" have the capacity to do great good and great injury.  Our licensure opens doors to degrees of intimacy and thus the opportunity to violate trust at the most fundamental level.  My struggle over the last year has been to embrace precisely how I did this not only to my family but to the clients who actually looked to me to advocate for them.   A dear old client, calls me still even within the last couple of days to talk about the currents in the crises of the Catholic Church and I am at a loss to say anything at all other than to remind him that I can make those arguments for anyone anymore.

Dr. Earl B. Bradley, Pediatrician-Monster

The Bad Lawyer has been following with horror the story of Earl B. Bradley, M.D. (pic) a Lewes, Delaware pediatrician.  If true, this pediatrician's abuse of children is unprecedented outside the crimes of pedophile priests. Delawareonline reports at length on this unbelievable, ghastly story of sex crimes by Dr. Bradley against his patients which he videotaped in some instances with multiple cameras. 

Let me give you a sense of what we're talking about by quoting Delawareonline's story:

"Former Delaware prosecutor Ferris W. Wharton, who at times directed the state Justice Department's rape and sexual-offense unit, said the possible scale of the crimes dwarfs any in his experience.


'Obviously, the potential number of victims that has been put out there exceeds any that I've heard of in Delaware before,' said Wharton, now in private practice. "It's an order of magnitude greater than what I'm familiar with.'

Because of that, defense and prosecution teams could face an extra challenge in focusing on the legal issues of the case 'without allowing their feelings about what the allegations are to override,' Wharton said.

Bradley's arrest capped months of suspicions and unsettled investigations into his conduct at BayBees Pediatrics, 18259 Coastal Highway, that were prompted by complaints. Police said after the arrest that Bradley had six cameras that recorded apparent crimes involving children, including one incident in which he appeared to be 'violently enraged.'"

Once again we confront the worst that we are capable of, as humankind. What was the professional and educational failure that permitted this sociopath to slide through?  What systems failed that permitted him to again and again victimize these children?   Help me understand how this happened?

Botched Circumcision

Yes, that's right two words that no guy likes to hear in immediate juxtaposition to one another. 

Reporter,Ty Tagami at the Atlanta Jounal Constitution alerts us to the $11 million dollar verdict for the infant who sustained an injury arising out of device used in this common procedure.  This is from the AJC story:

The maker [Mogen] of an instrument used in circumcisions claimed that injury was impossible with its use, but after an infant lost a portion of his penis during an operation with the Mogen clamp (pic), a judge awarded $10.8 million in damages against the company.
The judgment handed down Friday in New York involves an Atlanta lawyer who has been crusading against circumcision as a dangerous and unnecessary practice.  Attorney David Llewellyn won a similar case in Atlanta last year and the injury behind that prior lawsuit in Fulton County Superior Court put the New York clamp manufacturer on notice about the danger of the device, his current lawsuit said.

The baby in the current case, identified in court documents only as L.G., lost the entire glans, or head, of his penis after it was pulled into the jaws of the clamp, according to a federal magistrate's order. On Friday, U.S. District Judge Jack B. Weinstein ordered Mogen Circumcision Instruments of New York to pay $10.8 million in compensatory and punitive damages to the Florida boy, now 3, and his parents.

The company is going out of business, according to a woman who answered the phone at its Brooklyn headquarters Monday. The woman, who said she was a secretary and would identify herself only as D. Rotter, the person whom Llewellyn said was served papers in the lawsuit. She said increased competition has undermined their business.

'It's just kind of dwindling down to nothing,' she said, adding that the phones at the Mogen office were scheduled to be disconnected Tuesday. Mogen didn't defend itself in court, and Rotter said it was because the company couldn't afford it. She said the Mogen clamp is 'painless and safe' when used properly. The case involving the Florida boy was 'unfortunate,' she said, adding that 'any medical mishap is unfortunate.'

In this case, a New York mohel, or Jewish ritual circumcisor, performed the operation in the baby's home, Llewellyn said. The mohel negotiated a separate settlement, the terms of which Llewellyn would not disclose. Llewellyn won another circumcision case in 2009 over an operation at South Fulton Medical Center. In that case, which involved a baby identified only as D.P. Jr., the mother contended that the doctor who circumcised him removed too much tissue and that his pediatrician failed to respond when a nurse complained of excessive bleeding. The tip of the penis was placed in a biohazard bag and might have been reattached if he'd gotten attention in time, Llewellyn said in 2009. His lawsuit in New York says D.P. Jr. lost a third of his glans. The jury found that both the pediatrician and the physician who performed the circumcision were negligent, and awarded $2.3 million to the plaintiffs. South Fulton Medical Center was absolved of liability.

In Friday's decision, the court determined that Mogen had to pay for medical expenses and for the years of psychotherapy that will be needed. The boy suffers pain when he urinates, the court order says. He will eventually be able to have sex, but he is likely to be embarrassed and will likely have trouble forming 'meaningful' relationships with girls, it adds. 'At 3 years old, L.G. is aware that he looks different from other boys based on both his own observations and comments from other children which make him feel inferior .'
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Wow, talk about an unusual "specialty" Mr. Llewellyn developed. 

I'd be interested in whether tort law provides a remedy for female victims of genital mutilation. It's not something I've looked at or considered, but I invite your views on the subject. 

This is an extraordinarily difficult subject because of the profound religious and cultural significance of these practices.  While I have an opinion on nearly everything, this is one area where I know so little and can add very little insight.  Maybe you can help me sort out some ways of thinking about the subject?

Arizona Pediatrician Arrested for Child Porn Scandal--He Fled

AZCentral.com is reporting that the Sun City Pediatrician, Dr. Emilio Luna arrested last week on child porn charges has made the proverbial "run for the border."  Luna who was released on bond with electronic monitoring.  There was substantial evidence that Luna had a pre-planned escape (multiple fake passports, lots of cash, etc.), so it was pretty amazing that he was able to get bond.  Luna left his electronic monitoring bracelet in his car and ran. 

Dr. Luna, who is Hispanic, may have engaged in reverse immigration.  At the link is my earlier post on Luna's arrest.

Pediatric Dentist Gets 6 Years for Child Porn, Nice!

A St Charles, Mo. Pediatric Dentist, Dr. Anthony Rizzuti, has been sentenced to 6 years in prison for child pornography according to  the Stltoday.com (St. Louis Post Dispatch website.)  Obviously, this story is shades of  Delaware pediatrician Earl B. Bradley that I and about every other news and blawger reported on late last year.  This is from Robert Patrick:s story:

"A pediatric dentist from St. Charles caught in an Internet sex sting in 2008 was sentenced Thursday to six years in federal prison on a child pornography possession charge. Dr. Anthony R. Rizzuti was arrested in June 2008 by Maryland Heights police after driving there from his home to meet, and have sex with, what he thought was a 14-year-old girl, prosecutors say. The girl, 'Hannah' was really a Maryland Heights police officer. In an ensuing investigation, police uncovered child pornography on Rizzuti's computer.

The 2008 arrest followed the third time that Rizzuti corresponded with an undercover police officer online, according to court documents and testimony.  In March 2005, Rizzuti had similar conversations with a Dublin, Ohio, police officer pretending to be a 14-year-old girl. Rizzuti bought the girl a plane ticket to San Francisco so they could meet there and have sex, prosecutors say.  It was not clear what happened to the 2005 investigation and another investigation briefly mentioned Thursday.

Rizzuti's lawyers argued that he did not intend to have sex with either 'girl' and was engaging in fantasy online chats with people who could have been any age.  But Assistant U.S. Attorney Rob Livergood cited records of the Ohio chats in which the 'girl' mentioned her age five times. Rizzuti's psychologist, Luis Rosell, said Rizzuti was a low risk to commit other crimes, or have sexual contact with children. izzuti was sexually inexperienced, and his online chats were an outlet, part of his 'fantasy life,' Rosell said. But even there, Rosell said, Rizzuti met frustration.

'The adults don't talk sexual,' Rosell said, adding that only the 14- and 15-year-olds would engage in sexual conversations with Rizzuti.At least three of those 'teens,' of course, were police officers prowling for child predators.

Rizzuti pleaded guilty to the pornography charge in December. In addition to the six-year sentence, U.S. District Judge Rod Sippel placed Rizzuti on supervised release for life. He will also have to register as a sex offender. Rizzuti still faces a felony charge in St. Louis County of attempted enticement of a child in the Internet sting case."
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We kid ourselves when we think a professional certificate, white coat, or business card denotes something trustworthy especially when it relates to those we trust with our children.  As I have said, ad nauseum, pedophilia, sexual predators are not limited by wealth, education or social class.  I know this sound preachy, but it needs to be said, our job as parents is to be fully present with our children when they interact with adults. 

When I launched into that part of my law practice that was directed to tracking down these people I trusted that my awareness of the capacity for a black heart would instill in me a sense of who was lying when they denied doing these things to children.  How little I knew, how little I know!  The capacity for persons in these trust relationships to exploit and injure those in their care is startling.  It seems to me that there is no higher calling than to end the evil exploitation of children by adults.  This comes in many forms, in many places, none of it can be justified.

Accidental Circumcision--That's Gonna Cost You Some Skin

Reporter Fred Tasker at the Miami Herald has the following report about the South Miami Hospital and doctor who accidentally circumcised a local newborn.   Ouch.  You bet, it's going to cost a few dollars:

"[M]ario Viera (pic, right--not Mario, but isn't he cute!, since it is the 56th anniversary of my circum....well, you permit me license)-- was accidentally circumcised without [his Mom's] consent at South Miami Hospital when he was 8 days old.  [The Mother is asking]`How could this happen?'  No male in her family has been circumcised for years, Mrs. Delgado sa[ys.]  `I didn't want this for him. I'm opposed to circumcision. They didn't have the right to do it.'

The hospital has said it is `deeply sorry' and vowed to take steps to prevent the mistake from happening again, but Delgado says that's not enough. She filed suit against the hospital Monday and a criminal battery report with South Miami police Wednesday.

The case of the accidental circumcision quickly created controversy: Delgado's attorney was invited to speak at a national conference on crime victims and has been contacted by media as far away as the United Arab Emirates and anti-circumcision groups, including a local organization planning a demonstration at the hospital Friday.

`It's a big deal,' Delgado said Wednesday, in her attorney's office. `In the future, he's going to ask why his dad is one way and he's different.'  Delgado says she signed no consent form for the circumcision, and told doctors and nurses she didn't want it. The hospital said it misread a consent form.

Her Coral Gables attorney, Spencer Aronfeld, filed a civil personal injury lawsuit against the hospital in Miami-Dade Circuit Court Monday, claiming unspecified damages, and a civil battery suit against Dr. Mary Jean Pazos, who Aronfeld said performed the circumcision. Pazos could not be reached for comment Wednesday.

The baby at the center of the dispute is still less than 2 months old. Mario Viera was born at South Miami Hospital July 24, and kept in the intensive care unit so doctors could fight an infection, Delgado says. On Aug. 2, she says she entered his hospital room and noticed a vial lying beside him in his bed. A nurse told her it was Tylenol for the pain from his circumcision.

The hospital later apologized in a prepared statement: `The baby's circumcision was an unfortunate mistake caused by a misread consent form. As soon as the error was discovered, the doctor and nurses let the family know what had occurred. We also immediately implemented new processes to ensure this mistake will not occur again. The procedure itself was performed following appropriate surgical guidelines and the baby didn't have any complications. Nevertheless, we're all deeply sorry that this happened.'

Male circumcision dates to antiquity, especially among Jewish and Muslim groups. Today, many medical groups take a neutral position on it.

In the United States, infant male circumcision peaked in the 1960s at about 75 percent and has dropped to under 60 percent today, according to the National Health and Social Life Survey and other sources. Newer studies suggest rates may have fallen to as low as 33 percent, said Dr. Lee Sanders, associate professor of pediatrics at the University of Miami Miller School of Medicine.

`As a practicing pediatrician, my rates have dropped steadily ever since 1999, when the American Academy of Pediatrics changed its position from positive to something more neutral,' he said. The AAP website today says: `Scientific studies show some medical benefits of circumcision. However, these benefits are not sufficient for the AAP to recommend that all infant boys be circumcised.' The American Academy of Family Physicians website takes a similar position: `Studies about the benefits of circumcision have provided conflicting results. The AAFP believes parents should discuss with their son's doctor the potential benefits and the risks involved when making their decision.'

NOCIRC South Florida, a local anti-circumcision group, plans an all-day demonstration Friday at South Miami Hospital, according to member Enith Hernandez. The group's website, www.asnatureintended.info, calls infant circumcision `very painful'' and ``not medically necessary.'

Georganne Chapin, president of Intact America, another anti-circumcision group that has contacted Aronfeld, said her group opposes the procedure even for religious purposes.  `Nobody has the right to remove a healthy body part from another person,' she said. `Babies are not born with a set of religious beliefs.' The U.S. Centers for Disease Control and Prevention has added to the controversy by initiating a process to come up with its own recommendation about infant male circumcision -- with hints it might become more favorable to it because research has shown it can reduce the risk of HIV infection during sex.

Aronfeld, who spoke on the topic of circumcision at the annual conference of the National Center for Victims of Crime in New Orleans on Tuesday, said he is trying to not to express his own opinion on the procedure. But he added: `So many people are opposed to circumcision,'  he said. `I think there's a groundswell here.'"
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The last post on circumcision garnered quite a few comments and I appreciated the education I received on the subject, and the debate. 

This was boneheaded.  The hospital and doctor involved need to look at their checklist policies and figure out where they misfired.