Georgia Trial Lawyer Blog

Child porn victims across the country have begun asking federal courts for restitution from individuals convicted of possessing their illegal photographs and videos. In some cases, victims have been awarded millions of dollars.

The Atlanta Journal Constitution has the story.

The idea that a person who possesses an image depicting child pornography is somehow responsible for the harm caused to the child is a novel one. Some federal courts have denied awarding victims any money at all. Others have scolded prosecutors for not seeking restitution. For federal courts that do allow for restitution, the amount can be significant. For instance, two Florida courts awarded victims over $3.2 million. Another Connecticut court awarded a victim $130,000.

Victims are notified when a person is caught with an image of them due to the Crime Victims Rights Act of 2004. Prior to the Act, victims had no way of knowing when someone was caught with their photographs or videos. Now, a victim in Georgia may seek restitution from someone convicted of downloading their images online on the other side of the country.
Advocates believe that restitution is a powerful tool in the fight against child pornography. Moreover, many victims desperately need the money for medical bills, psychiatric counseling, lost wages and attorneys’ fees.

On the other side of the coin, some defense attorneys would point out that only the people who produced the images caused the damage. Others say that the matter should be taken up in civil court. And while it may take the courts years to come to a consensus on the law, some victims are using this window of opportunity to punish those who obtained their illegal images.

Our crime victims attorneys have been successfully representing sex crime victims for years. In our experience, the criminal justice system often excludes victims from court proceedings. Allowing victims to seek restitution in criminal cases can give them a voice in court and give them a chance to recover the damage that was done to them. A good victims’ rights attorney will educate and pressure prosecutors and the courts to seek and award restitution on behalf of victims. The early intervention of a victims’ rights attorney may also save victims the pain and expense of having to file suit in civil court.

Our firm recently filed suit against Turning Point Homes, a for-profit children’s group home in DeKalb County, for hiring and retaining an employee who molested at least three foster children over a two year period. Our complaint alleges that Turning Point Homes knew of the abuse and sexual exploitation, but failed to take any action which would have prevented future abuses.

This case presents allegations of abuse that are similar to issues raised in a recent Atlanta Journal Constitution article about other problems in foster homes in Fulton and DeKalb County.

As the article reports, independent inspectors have found a high rate of abuse among foster children in DeKalb and Fulton Counties. These findings were made in a report that was prepared as part of a settlement deal stemming from a 2005 federal lawsuit against Georgia which called for reforms in Georgia’s child welfare system. The lawsuit was brought by an organization called Children’s Rights, which has voiced much concern over DFCS failures to protect foster kids.

This report also expressed concern over DFCS’ lax monitoring of private homes that are contracted out by the state. In particular, DFCS has decreased the amount of staff which monitors such homes.

In the case of Turning Point Homes, our complaint alleges that the sexual abuse went on over a period of two years without any action being taken. Turrning Point Homes did not report any such incidents to the police, and the company did not counsel the children or tell their adoptive families of the alleged abuse.

Georgia law provides that foster homes, like Turning Point, generally have a duty to supervise, care for and protect the well-being of children while they are under the care of the home. Our complaint alleges that Turning Homes failed to live up to this duty and, therefore, violated the rights of these children and their adoptive family.

The complaint, filed in Dekalb County, requests damages, including punitive damages, and a jury trial.

Cobb County police arrested Paul Patrick Serdula, a nurse anesthetist, last week for unlawful surveillance after a patient found video surveillance equipment in a Marietta dentist office bathroom. Authorities then re-arrested Serdula on Monday night for aggravated sexual battery and aggravated child molestation after evidence revealed that he may have made sexual contact with a sedated juvenile. Police now fear that there may be as many as 100 other victims who were inappropriately touched while sedated.

The Atlanta Journal Constitution has the story.

After Serdula was arrested for unlawful surveillance, police searched his Forest Peak Court home where they discovered hundreds of videotapes and additional electronic monitoring devices. Authorities are currently reviewing the tapes in an effort to determine if they show any criminal acts or possible victims. Police have been speaking with potential victims and are so far aware of at least 20. That number could possibly grow to around 100 before the investigation is concluded.

Serdula, 47, was a contract nurse who did not work for any single medical or dental office. Police say it is possible that he worked at numerous medical offices throughout Cobb County. Cobb police encourage anyone who has been recently sedated to contact their doctor’s office to determine if the anesthesia was administered by Serdula. If Serdula was involved, patients are urged to contact Cobb police.

The incident stemming from the aggravated sexual battery and aggravated child molestation charges is believed to have occurred on July 29. Police have also charged Serdula with aggravated sodomy for acts that allegedly occurred on September 16. If Serdula is convicted of these sex crimes, he would face significant jail time. Aggravated child molestation, aggravated sexual battery and aggravated sodomy all carry a sentence of 25 years to life.

Pate & Brody is an accomplished Georgia law firm with offices in Atlanta, Macon, Madison and Savannah. Our lawyers are dedicated to pursuing justice for crime victims, people who have been defrauded by deceptive business practices, or injured through the fault of others. Our lawyers have been recognized on the list of Georgia's "Super Lawyers", and included among Georgia's "Legal Elite" by Georgia Trend Magazine.

Cobb County police believe that a Marietta, Georgia nurse anesthetist may have inappropriately touched hundreds of patients while they were sedated. The allegations arose after a patient found video surveillance equipment in the women’s bathroom of a Cobb dentist office.

The Atlanta Journal Constitution has the story.

Police say a patient spotted the recording device and immediately called 911. Authorities were then able to link the device to Paul Patrick Serdula. Upon searching Serdula’s home, police found hundreds of videotapes and additional recording devices. The tapes reveal Serdula committing serious crimes including sexual battery on patients under anesthesia. Police do not yet know the full extent of Serdula’s exploits, but they believe that there could be hundreds of victims.

Serdula, 47, is a contracted nurse anesthetist that may have worked for numerous medical clinics and facilities. Cobb police are asking anyone who may have been recently put under anesthesia to contact their doctor’s office to see if Serdula administered the anesthesia. If so, those patients are urged to call the Cobb County police.

Serdula is currently in jail without bond charged with unlawful surveillance and eavesdropping; however, new charges are likely as police continue to explore the tapes found at his home. Under Georgia law, a conviction for unlawful surveillance can carry a sentence of one to five years and a 10,000 fine.

These criminal charges may also lead to civil suits against the nurse and the medical facilities where he was employed. A good victims’ rights attorney will help a victim track down and pursue the attacker and all responsible parties in effort to hold them responsible. In some cases, a sex crime victim can recover significant damages. Liability on the part of the medical facilities will largely depend on their knowledge of the nurse’s criminal activity.

Pate & Brody is an accomplished Georgia law firm with offices in Atlanta, Macon, Madison and Savannah. Our lawyers are dedicated to pursuing justice for crime victims, people who have been defrauded by deceptive business practices, or injured through the fault of others. Our lawyers have been recognized on the list of Georgia's "Super Lawyers", and included among Georgia's "Legal Elite" by Georgia Trend Magazine.

A 33-year-old woman claims that a former nurse at The Medical Center of Central Georgia sexually assaulted her. The former nurse, James Melvin Purvis, was arrested on March 30 and indicted this week for sexual assault.

The Macon Telegraph has the story.

The victim was a patient at the hospital after she suffered injuries in a car accident. Purvis, 56, had previously cared for the victim; however, on the day of the assault, he was not scheduled to be her nurse. The victim stated that on that day Purvis came to see her and they started talking. As they conversed, Purvis allegedly rubbed her shoulder and fondled her. When the victim attempted to stop Purvis, he kissed her on the lips.

Police report that Purvis admitted to visiting the woman, rubbing her shoulders, and kissing her. Purvis faces a possible 10 to 20 years in prison if he is convicted of the sexual assault. According to the hospital, Purvis is no longer an employee, but it is unknown if the hospital fired him.

This criminal prosecution may also lead to a civil suit against the nurse and the hospital. A good crime victim lawyer can help a sex crime victim pursue her attacker in civil court and, in some cases, recover significant damages. The hospital's liability in a case like this will depend on its knowledge of this nurse's prior history, and whether this assault was foreseeable.

Pate & Brody is an accomplished Georgia law firm with offices in Atlanta, Macon and Madison. Our lawyers are dedicated to pursuing justice for crime victims, people who have been defrauded by deceptive business practices, or injured through the fault of others. Our lawyers have been recognized on the list of Georgia's "Super Lawyers", and included among Georgia's "Legal Elite" by Georgia Trend Magazine.

A 10-year-old Clayton County girl has accused a cab driver of molesting her while driving her to school. The cab driver is now in jail on three sex crime charges.

The Atlanta Journal Constitution has the story.

The cab driver, David Alvarado Perez, and another driver had been transporting the girl by herself to school for over a year. On the day of the incident, the mother believes the girl jumped out of the cab and ran to tell counselors at the school about the touching. Records indicate that Perez was arrested on September 16.

According to the owner of the cab company, company policy demands that all minors must be accompanied by a guardian. The owner also stated that she did not know the girl was being transported by herself.

Perez, 43, is currently sitting in a Clayton County jail on a $35,000 bond for child molestation, sexual battery against a child under the age of 16, and enticing a child for indecent purposes.

Our trial lawyers represent many victims of sexual and violent crimes throughout Georgia, including victims of child molestation. With most sex crimes, it is important for victims to understand that the law may afford them certain legal rights including restitution, compensation, notification of their attacker’s legal proceedings and the ability to attain a restraining order. A victim of a sex crime also has the right to bring a civil suit against the attacker and any other responsible parties for damages. While the attacker is almost always liable, businesses such as apartment complexes, hotels, restaurants, bars and general business offices may also be liable for negligence. A victims’ rights lawyer will work with police, investigators, and prosecutors to ensure that all parties responsible are held accountable for their actions.

Pate & Brody is an accomplished Georgia law firm with offices in Atlanta, Macon and Madison. Our lawyers are dedicated to pursuing justice for crime victims, people who have been defrauded by deceptive business practices, or injured through the fault of others. Our lawyers have been recognized on the list of Georgia's "Super Lawyers", and included among Georgia's "Legal Elite" by Georgia Trend Magazine.

In May of 2008, a man working for a trusted cleaning company knocked on the door of a home the company had serviced on many occasions. The nanny, who was watching the family’s 3-year-old, let the man into the home where he proceeded to beat and rape her. The victims would later come to find that the man had previously been convicted of six felonies. The Georgia Legislature is now considering passing a bill which would require employers to conduct criminal background checks on employees who go into the homes of others.

The Macon Telegraph has the story.

The man accused of the rape, Rudolph Valentino Smith, had previously been convicted of crimes ranging from robbery to voluntary manslaughter. In fact, he had been convicted of killing a man with a butcher knife in 1994 for which he served 12 years in prison. Victim advocates say the proposed bill would reduce the chances of such an attack from happening again.

In addition to requiring background checks, the bill would prohibit some offenders from attaining jobs that send them into the homes of others unless their civil rights have been reinstated. The proposed bill has had trouble gaining traction, since many are concerned that such a law would harm the chances of rehabilitated felons from re-entering the workplace. Much of the criticism centered on the original bill’s exclusion of all felons; however, the revamped version only excludes those convicted of a crime which falls under the seven deadly sins: murder, voluntary manslaughter, rape, aggravated sodomy, aggravated child molestation, aggravated battery, and armed robbery if committed with a firearm.

The bill failed to leave the House Agriculture and Consumer Affairs Committee before the end of the 2009 legislative session, but it is expected to be considered again in January. The mother of the 3-year-old and owner of the home where the rape occurred, Amy Scott, has been an ardent supporter of the legislation and testified before the committee earlier this year. For now, she awaits the trial of the accused rapist while trying to put the events of that day behind her.

Our victims’ rights attorneys have successfully represented victims of serious crimes throughout the state of Georgia. In most serious crimes, victims are afforded certain legal rights including compensation, restitution, notification of criminal legal proceedings and restraining orders. A victim may also bring a civil suit against those responsible. Many times a crime will occur due to the negligence of an apartment complex, restaurant or similar business. A victims’ rights attorney will work closely with prosecutors and investigators in an effort to hold such businesses accountable.

Pate & Brody is an accomplished Georgia law firm with offices in Atlanta, Macon and Madison. Our lawyers are dedicated to pursuing justice for crime victims, people who have been defrauded by deceptive business practices, or injured through the fault of others. Our lawyers have been recognized on the list of Georgia's "Super Lawyers", and included among Georgia's "Legal Elite" by Georgia Trend Magazine.

Henry Bachmann of Port Wentworth won a $1.2 million verdict in 1999 against the Archdiocese of St. Louis for failing to supervise a priest who sexually assaulted him. An appellate court overturned that verdict a year later determining that the statute of limitations had expired. Bachmann’s attorney has appealed that decision.

The Savannah Morning News has the story.

Bachmann has battled with litigation against the church since 1994. He claims that in 1964 he was sexually assaulted by Rev. James Gummersbach at a St. Louis grade school. He says that he repressed the memory of the assaults until 1992, but that the abuse left a lasting and negative on his life. Since the abuse, Bachmann has dropped out of school, battled alcoholism, was diagnosed with predatory sexual disorders, spent time in jail and mental hospitals, and has attempted to take his own life. Recently, Bachmann has filed for bankruptcy and lost his job with the Georgia Ports Authority due to problems with authority.

The priest accused of the abuse sent Bachmann a letter in 1999 apologizing for his actions along with $25,000. However, Bachman says that he cannot forgive and he cannot forget. His attorney has appealed the appellate court’s decision on the grounds that it made an error when it calculated when the statute of limitations began to run. For now, it seems as though this 15 year legal saga for Bachmann will continue.

Proving sexual assault cases can be difficult, especially when the allegations involve incidents that occurred many years ago. Our firm, however, has the experience and skill to help sex crime victims recover substantial damages for the abuse they suffered at the hands of people they trusted. We have several cases like this pending now.

Pate & Brody is an accomplished Georgia law firm with offices in Atlanta, Macon and Madison. Our lawyers are dedicated to pursuing justice for crime victims, people who have been defrauded by deceptive business practices, or injured through the fault of others. Our lawyers have been recognized on the list of Georgia's "Super Lawyers", and included among Georgia's "Legal Elite" by Georgia Trend Magazine.

The Georgia Court of Appeals was asked to decide if a homeowner’s insurance policy covered injuries stemming from intentional acts when the language only covered accidental occurrences. The court ruled that summary judgment for the insurance company was proper, since such language does not cover injuries arising from intentional actions.

In Perry v. State Farm, State Farm filed a declaratory judgment asking the trial court to find that one of their policies did not cover a personal injury claim. The policy holder, Blackwell, allegedly had sexual intercourse with a house guest, Perry, after she fell asleep on his couch while fully clothed. Perry also claims that Blackwell took photographs after Perry had been undressed. Perry claims that the actions were without her consent. As a result, Perry sued for battery, invasion of property, loss of consortium, negligence, and punitive damages.

After the complaint was filed, State Farm began to investigate and defend the lawsuit. When Blackwell was deposed, he stated that he woke in the middle of the night while sleeping with his wife and went to find Perry. Upon finding Perry, he began having oral and vaginal sex, but he stopped when he realized he did not have a condom. Blackwell stated that the two did not speak, but he believed that she was an active participant. Blackwell also admitted to being intoxicated. State Farm then sought the trial court to rule that it had no duty to indemnify him against Perry’s claims. The trial court agreed with State Farm. Blackwell argued on appeal that State Farm was required to indemnify him against Perry’s negligence claim.

The court of appeals noted that the policy protected against bodily injury caused by an “occurrence.” An occurrence was defined as “an accident” in the policy. The court determined that accident must mean an event that is an unexpected happening. The court further noted that the policy did not protect against an “accidental injury” which can arise from a conscious voluntary act. Here, any injuries were the result of Blackwell’s intentional actions. The court concluded that the policy covered an accidental occurrence but not an accidental injury. Thus, the policy did not require State farm to provide coverage for Blackwell’s intentional actions which included Perry’s claim for negligence.

Pate & Brody is an accomplished Georgia law firm with offices in Atlanta, Macon and Madison. Our lawyers are dedicated to pursuing justice for crime victims, people who have been defrauded by deceptive business practices, or injured through the fault of others. Our lawyers have been recognized on the list of Georgia's "Super Lawyers", and included among Georgia's "Legal Elite" by Georgia Trend Magazine.

A lawsuit was recently filed against WellStar Kennestone Hospital in Marietta alleging that the hospital failed to properly hire, train and supervise certain employees that may have sexually assaulted patients at the hospital.

The Atlanta Journal Constitution has the story.

The lawsuit alleges that three employees of the hospital sexually assaulted at least 6 patients and one visitor to the hospital. Apparently, other victims have come forward since the lawsuit was filed.

Our crime victim advocates and trial attorneys have assisted sex crime victims recover significant monetary damages that they could not have recovered if they just relied on the criminal justice system.

As this lawsuit claims, employers may be liable for the criminal acts of their employees if they have been negligent in their hiring, training or supervision of their employees. There may also be liability when the crime occurs within the scope of the employee's job.

It is important to remember that crime victims have rights that extend beyond the criminal justice system. An experienced attorney can often help crime victims recover at least a little of what they lost.

Pate & Brody is an accomplished Georgia law firm with offices in Atlanta, Macon and Madison. Our lawyers are dedicated to pursuing justice for crime victims and people who have been defrauded by deceptive business practices or injured through the fault of others. Our lawyers have been recognized on the list of Georgia's "Super Lawyers", and included among Georgia's "Legal Elite" by Georgia Trend Magazine. Our firm is also listed in the Bar Register of Preeminent Lawyers by Martindale-Hubbell.