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VICTIM ADVOCACY GONE MAD: PROSECUTORS RIGHTFULLY SUED BY WRONGFULLY-ACCUSED PARENTS

10/7/2014

 
Thal and Julian Wendrow sued Michigan Prosecutor David Gorcyca, his former chief assistant, Deborah Carley,  and Andrea Dean, a former judicial candidate now in private practice.   The Wendrows are the parents of a severely-autistic 14 year-old mute child.  In 2007, the child reportedly typed a note to a teacher's assistant stating she had been raped by her father since early childhood.  However, the  teacher's guide "aided" the child's, using a method of typing called facilitated communication, which is widely debunked.  The police even interrogated the child's younger brother, lying to him, saying they had a video of the father raping the child.  On the basis of this unbelievably unreliable information, the police and prosecutors ran with it, arrested and jailed the Wendrows (Mr. Wendrow for 80 days), putting their children into protective custody. 

According to the USA Today, the suit was filed in 2008.  Since then, the West Bloomfield Police Department settled for  $1.8 million, the state settled at $850,000 and Walled Lake Schools will pay the family $1.1 million.  I guess that fills the war chest in terms of pursuing these prosecutors.

I have represented a number of people charged with sexual assault of a child in La Crosse County.  These are difficult and complicated cases.  None of those cases resulted a trial, let alone a conviction.  I am also a parent of young children.  As such, I appreciate the most zealous of advocacy when upholding the rights of child victims.  However, charges of this nature are extremely destructive.  Cases are far too often brought with evidence, and under circumstances, which  are very untrustworthy.  Even the best of intentions--when not guided by common sense--will leave ruined lives in the wake.  This witch hunt is obviously one such case.     


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    Author

    Christopher W. Dyer, a Wisconsin and Minnesota Trial Lawyer, serving La Crosse and surrounding counties.

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