BLEAK HOUSE, CONTINUED FROM PG. 12
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PITTSBURGH CITY PAPER 10.23/10.30.2013
The other child to allege an incident involving a broomstick also struggled to recall details. According to the hearing transcript, when asked if Kevin Clark did anything with the broomstick, the child answered, “I am not positive, but I think he did.â€? Flynn notes that some charges were tossed out at the preliminary hearing, including some of the sex-abuse allegations. District Justice Mary Murray also dismissed the balcony charges, saying there was insufďŹ cient evidence that the behavior constituted child endangerment. “I agree it is probably not the best type of playing,â€? she said, according to the transcript. “At that level, you don’t have to meet the highest burden to get a case moved on,â€? Flynn says. “But the allegations by two of the [children] were tossed out. So what does that tell you?â€? Charges involving two alleged assaults on Michael Clark were allowed to proceed. But Mulligan never rescinded her order allowing Kevin Clark unsupervised visitation. And one of the younger children whose charges were dismissed now says that during the preliminary hearing, “I was scared of testifying against him because I knew I had to see him again.â€? Some child advocates question Mulligan’s decision to leave unsupervised visits intact. “The arrest suggests that there is substantial evidence that this crime occurred. ‌ How could we possibly allow this possible perpetrator to have contact with the child?â€? wonders Frank Cervone, the executive director of Philadelphia’s Support Center for Child Advocates, which represents children in court proceedings. “There is already so much pressure on a child in these situations,â€? he adds. “Why jack that pressure up by forcing interaction with the guy who’s been arrested? “Maybe the kid testiďŹ ed the way he did because [the allegation] was made up,â€? says Cervone. Then again, he says, the child might also have felt threatened. “Because there was no stay-away order from the judge, we’ll never know for sure.â€?
“You have charges ďŹ led by law enforcement, and the judge decides to overrule that,â€? says Lundy Bancroft, a widely published author and domestic-abuse expert who spent 15 years counseling male abusers. “That’s direct interference with the prosecution if the victim is forced into having tons of unsupervised visits with the accused.â€? When contacted, Mulligan said she was unable to comment on the case. But in a later written opinion, she noted that while “there is no doubt that father was abusive during the marriage,â€? prior to 2004, “despite numerous opportunities, mother never before presented ‌ evidence of sexual abuse in court.â€? And in a hearing in her own court, she wrote, “testimony of the children ‌ was vague and inconsistentâ€? In 2005, Mulligan had also ordered Mark King to re-evaluate Kevin Clark — and to assess Val Clark as well. This time, though, King had seen “a positive changeâ€? in the father, who “now admitted that he did some ‘really bad things,’â€? Mulligan’s opinion says. “[F]ather strongly denied the sexual abuse but admitted almost everything else.â€? What’s more, King told her that the younger children’s interaction with their father was “very positiveâ€? and they “were not in any way afraidâ€? of him. By contrast, Mulligan wrote, King found Val Clark to be depressed and anxious, as well as “suspicious and obsessiveâ€? — and opined that her anger “was hurting any chance for father and the two younger children to have a relationship.â€? Val Clark rejects that account. She ďŹ led a complaint — later withdrawn — against King with the state, alleging that he should have reported the abuse allegation to authorities in 2002. “I believe Dr. King’s negative assessment of me was an attempt to cover his tracks for not reporting the abuse,â€? Val Clark says. But in the end, Mulligan concluded that “Either the children have convinced themselves that the incidents took place, or they are saying that these incidents took place in order to prevent unsupervised contact with father or to endear themselves to their mother or their CONTINUES ON PG. 16
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