How Columbia University Ignored Women, Undermined Prosecutors, and Protected a Sexual Predator for More Than 20 Years

Bianca Fortis and Laura Beil, ProPublica and New York Magazine, How Columbia University Ignored Women, Undermined Prosecutors, and Protected a Sexual Predator For More Than 20 Years. For decades, patients warned Columbia about the behavior of obstetrician Robert Hadden. One even called 911 and had him arrested. Columbia let him keep working. Tuesday, 12 September 2023: “Columbia University — where Robert Hadden spent his entire medical career — has never fully accounted for its role in allowing a predator to operate unchecked for decades. To date, more than 245 patients have alleged that Hadden abused them, which by itself could make him one of the most prolific sexual assailants in New York history. But the total number of victims may be far higher. On any given day during his two decades of practice at Columbia, Hadden saw 25 to 40 patients. Tens of thousands came under his care. A baby girl he delivered grew up to be a teenager he allegedly assaulted. Hadden, 65, was sentenced in July to 20 years in federal prison — the result of a long, arduous process that Columbia often undermined. One of the country’s most acclaimed private universities was deeply involved in containing, deflecting and distancing itself from the scandal at every step. In agreeing to pay $236.5 million to resolve lawsuits brought by 226 of Hadden’s victims, Columbia admitted no fault, which is in keeping with public statements over the years placing the blame for what happened solely on Hadden. But the university’s own records show that women repeatedly tried to warn Columbia doctors and staff about Hadden. At least twice, the fact that Hadden’s bosses in the OB-GYN department knew of the women’s concerns was acknowledged in writing. They allowed him to continue practicing. Once Hadden’s crimes became clear, Columbia worked to tamp down the crisis. It waited months to tell his patients that he was no longer working, and then sent matter-of-fact letters that omitted the reason. After police and local prosecutors began to investigate Hadden in 2012, Columbia failed to hand over evidence in its possession, despite subpoenas that compelled it to do so. The university also did not tell the district attorney when more patients came forward — witnesses who could have strengthened the case prosecutors were trying to build. The DA found Columbia’s conduct so concerning that the office launched a criminal investigation into the university itself, along with the affiliated hospital where Hadden had admitting privileges. The inquiry found that Columbia had, by neglecting to place document-retention holds, ‘intended to destroy’ emails written by Hadden and his former colleagues who had left the university. The DA found the records because they were ‘inadvertently left on an old server.’ (Columbia disputes this.) The local investigation of Hadden ended in a 2016 deal that allowed him to avoid serving a single day in jail. Cyrus Vance Jr., who was DA at the time, says that if Columbia had fully cooperated, it might have made a difference in his office’s decision to accept a plea. ‘Obviously that did not happen,’ Vance says. His former deputy, Karen Friedman Agnifilo, is more direct. Columbia, she says, ‘didn’t have clean hands here. If they didn’t know, it’s because they chose not to know.’ Hadden remained free until his victims began to go public in such numbers that federal investigators took up the case in 2020 and secured his conviction.”

Black Children Were Jailed for a Crime That Doesn’t Exist. Almost Nothing Happened to the Adults in Charge.

Meribah Knight, Nashville Public Radio, and Ken Armstrong, ProPublica, Black Children Were Jailed for a Crime That Doesn’t Exist. Almost Nothing Happened to the Adults in Charge. Nashville Public Radio and ProPublica, Friday, 8 October 2021. “Judge Donna Scott Davenport oversees a juvenile justice system in Rutherford County, Tennessee, with a staggering history of jailing children. She said kids must face consequences, which rarely seem to apply to her or the other adults in charge…. [On Friday, 15 April 2016] three police officers were crowded into the assistant principal’s office at Hobgood Elementary School [in Murfreesboro, Tennessee], and Tammy Garrett, the school’s principal, had no idea what to do. One officer, wearing a tactical vest, was telling her: Go get the kids. A second officer was telling her: Don’t go get the kids. The third officer wasn’t saying anything…. What happened on that Friday and in the days after, when police rounded up even more kids, would expose an ugly and unsettling culture in Rutherford County, one spanning decades. In the wake of these mass arrests, lawyers would see inside a secretive legal system that’s supposed to protect kids, but in this county did the opposite. Officials flouted the law by wrongfully arresting and jailing children. One of their worst practices was stopped following the events at Hobgood, but the conditions that allowed the lawlessness remain. The adults in charge failed. Yet they’re still in charge. Tennessee’s systems for protecting children failed. Yet they haven’t been fixed.”

How future Trump Cabinet member Alex Acosta gave serial sex abuser Jeffrey Epstein the deal of a lifetime

Julie K. Brown, The Seattle Times, Perversion of Justice: How future Trump Cabinet member Alex Acosta gave serial sex abuser Jeffrey Epstein the deal of a lifetime, Sunday, 2 December 2018. First published in the Miami Herald on Wednesday, 28 November 2018. “On a muggy October morning in 2007, Miami’s top federal prosecutor, Alexander Acosta, had a breakfast appointment with a former colleague, Washington, D.C., attorney Jay Lefkowitz. It was an unusual meeting for the then-38-year-old prosecutor, a rising Republican star who had served in several White House posts before being named U.S. attorney in Miami by President George W. Bush. Instead of meeting at the prosecutor’s Miami headquarters, the two men — both with professional roots in the prestigious Washington law firm of Kirkland & Ellis — convened at the Marriott in West Palm Beach, about 70 miles away. For Lefkowitz, 44, a U.S. special envoy to North Korea and corporate lawyer, the meeting was critical. His client, Palm Beach multimillionaire Jeffrey Epstein, 54, was accused of assembling a large, cultlike network of underage girls — with the help of young female recruiters — to coerce into having sex acts behind the walls of his opulent waterfront mansion as often as three times a day, the Town of Palm Beach police found. The eccentric hedge fund manager, whose friends included former President Bill Clinton, Donald Trump and Prince Andrew, was also suspected of trafficking minor girls, often from overseas, for sex parties at his other homes in Manhattan, New Mexico and the Caribbean, FBI and court records show. Facing a 53-page federal indictment, Epstein could have ended up in federal prison for the rest of his life. But on the morning of the breakfast meeting, a deal was struck — an extraordinary plea agreement that would conceal the full extent of Epstein’s crimes and the number of people involved. Not only would Epstein serve just 13 months in the county jail, but the deal — called a non-prosecution agreement — essentially shut down an ongoing FBI probe into whether there were more victims and other powerful people who took part in Epstein’s sex crimes, according to a Miami Herald examination of thousands of emails, court documents and FBI records. The pact required Epstein to plead guilty to two prostitution charges in state court. Epstein and four of his accomplices named in the agreement received immunity from all federal criminal charges. But even more unusual, the deal included wording that granted immunity to ‘any potential co-conspirators’ who were also involved in Epstein’s crimes. These accomplices or participants were not identified in the agreement, leaving it open to interpretation whether it possibly referred to other influential people who were having sex with underage girls at Epstein’s various homes or on his plane. As part of the arrangement, Acosta agreed, despite a federal law to the contrary, that the deal would be kept from the victims. As a result, the non-prosecution agreement was sealed until after it was approved by the judge, thereby averting any chance that the girls — or anyone else — might show up in court and try to derail it. This is the story of how Epstein, bolstered by unlimited funds and represented by a powerhouse legal team, was able to manipulate the criminal justice system, and how his accusers, still traumatized by their pasts, believe they were betrayed by the very prosecutors who pledged to protect them. ‘I don’t think anyone has been told the truth about what Jeffrey Epstein did,’ said one of Epstein’s victims, Michelle Licata, now 30. ‘He ruined my life and a lot of girls’ lives. People need to know what he did and why he wasn’t prosecuted so it never happens again.’ Now President Donald Trump’s secretary of labor, Acosta, 49, oversees a massive federal agency that provides oversight of the country’s labor laws, including human trafficking. Acosta did not respond to numerous requests for an interview or answer queries through email.” See also, Part Two: Julie K. Brown, The Seattle Times, Perversion of Justice: Cops worked to put serial sex abuser Jeffrey Epstein in prison. Prosecutors worked to cut him a break. Monday, 3 December 2018. First published in the Miami Herald on Wednesday, 28 November 2018. “Michelle Licata climbed a narrow, winding staircase, past walls covered with photographs of naked girls. At the top of the stairwell was a vast master bed and bath, with cream-colored shag carpeting and a hot pink and mint green sofa. The room was dimly lit and very cold. There was a vanity, a massage table and a timer. A silver-haired man wearing nothing but a white towel came into the room. He lay facedown on a massage table, and while talking on a phone, directed Licata to rub his back, legs and feet. After he hung up, the man turned over and dropped his towel, exposing himself. He told Licata to get comfortable and then, in a firm voice, told her to take off her clothes. At 16, Licata had never before been fully naked in front of anyone. Shaking and panicked, she mechanically pulled off her jeans and stripped down to her underwear. He set the timer for 30 minutes and then reached over and unsnapped her bra. He then began touching her with one hand and masturbating himself with the other. ‘I kept looking at the timer because I didn’t want to have this mental image of what he was doing,’ she remembered of the massage. ‘He kept trying to put his fingers inside me and told me to pinch his nipples. He was mostly saying just do that, harder, harder and do this. … ’ After he ejaculated, he stood up and walked to the shower, dismissing her as if she had been in history class. It wasn’t long before a lot of Licata’s fellow students at Royal Palm Beach High School had heard about ‘a creepy old guy’ named Jeffrey who lived in a pink waterfront mansion and was paying girls $200 to $300 to give him massages that quickly turned sexual. Eventually, the Palm Beach police, and then the FBI, came knocking on Licata’s door. In the police report, Licata was referred to as a Jane Doe 2 in order to protect her identity as a minor. There would be many more Jane Does to follow: Jane Doe No. 3, Jane Doe No. 4, Jane Does 5, 6, 7, 8 — and as the years went by — Jane Does 102 and 103. Long before #MeToo became the catalyst for a women’s movement about sexual assault — and a decade before the fall of Harvey Weinstein, Bill Cosby and U.S. Olympic gymnastics doctor Larry Nassar — there was Jeffrey Edward Epstein.” See also, Part Three: Julie K. Brown, The Seattle Times, Perversion of Justice: Even from jail, sex abuser manipulated the system. His victims were kept in the dark. Tuesday, 4 December 2018. First published in the Miami Herald on Wednesday, 28 November 2018.  “Jeffrey Edward Epstein appeared at his sentencing dressed comfortably in a blue blazer, blue shirt, jeans and gray sneakers. His attorney, Jack Goldberger, was at his side. At the end of the 68-minute hearing, the 55-year-old silver-haired financier — accused of sexually abusing dozens of underage girls — was fingerprinted and handcuffed, just like any other criminal sentenced in Florida. But inmate No. W35755 would not be treated like other convicted sex offenders in the state of Florida, which has some of the strictest sex offender laws in the nation. Ten years before the #MeToo movement raised awareness about the kid-glove handling of powerful men accused of sexual abuse, Epstein’s lenient sentence and his extraordinary treatment while in custody are still the source of consternation for the victims he was accused of molesting when they were minors. Beginning as far back as 2001, Epstein lured a steady stream of underage girls to his Palm Beach mansion to engage in nude massages, masturbation, oral sex and intercourse, court and police records show. The girls — mostly from disadvantaged, troubled families — were recruited from middle and high schools around Palm Beach County. Epstein would pay the girls for massages and offer them further money to bring him new girls every time he was at his home in Palm Beach, according to police reports. The girls, now in their late 20s and early 30s, allege in a series of federal civil lawsuits filed over the past decade that Epstein sexually abused hundreds of girls, not only in Palm Beach, but at his homes in Manhattan, New Mexico and in the Caribbean.”

For Blacks Facing Parole in New York State, Signs of a Broken System

Michael Winerip, Michael Schwirtz and Robert Gebeloff, For Blacks Facing Parole in New York State, Signs of a Broken System. Part 2. The New York Times, 4 December 2016. “An analysis by The New York Times of thousands of parole decisions from the past several years found that fewer than one in six black or Hispanic men was released at his first hearing, compared with one in four white men. It is a disparity that is particularly striking not for the most violent criminals, like rapists and murderers, but for small-time offenders who commit property crimes like stealing a television from a house or shoplifting from Duane Reade — precisely the people many states are now working to keep out of prison in the first place.”

Update: Michael Schwirtz, Michael Winerip and Robert Gebeloff, Governor Cuomo Orders Investigation of Racial Bias in N.Y. State Prisons. The New York Times, 5 December 2016. “Gov. Andrew M. Cuomo of New York announced on Monday that he was ordering an investigation into racial bias in the state prison system after an investigation by The New York Times found that black inmates were punished at significantly higher rates than whites, sent to solitary confinement more often and held there longer. “I am directing the state inspector general to investigate the allegations of racial disparities in discipline in state prisons and to recommend appropriate reforms for immediate implementation,” Governor Cuomo said in a statement issued on Monday, calling the report “disturbing.””

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The Scourge of Racial Bias in New York State’s Prisons

Michael Schwirtz, Michael Winerip and Robert Gebeloff, The Scourge of Racial Bias in New York State’s Prisons. Part 1. The New York Times, 3 December 2016. “The racism can be felt from the moment black inmates enter New York’s upstate prisons. They describe being called porch monkeys, spear chuckers and worse. There are cases of guards ripping out dreadlocks. One inmate, John Richard, reported that he was jumped at Clinton Correctional Facility by a guard who threatened to “serve up some black mashed potatoes with tomato sauce.””

Update: Michael Schwirtz, Michael Winerip and Robert Gebeloff, Governor Cuomo Orders Investigation of Racial Bias in N.Y. State Prisons. The New York Times, 5 December 2016. “Gov. Andrew M. Cuomo of New York announced on Monday that he was ordering an investigation into racial bias in the state prison system after an investigation by The New York Times found that black inmates were punished at significantly higher rates than whites, sent to solitary confinement more often and held there longer. “I am directing the state inspector general to investigate the allegations of racial disparities in discipline in state prisons and to recommend appropriate reforms for immediate implementation,” Governor Cuomo said in a statement issued on Monday, calling the report “disturbing.””

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Innocents: El Salvador, where pregnant women have more to fear than Zika

Rachel Nolan, Innocents. Harper’s, October 2016. “There are six countries in the world that prohibit abortion under all circumstances, without exceptions for victims of rape or incest or for cases in which the pregnancy threatens the life of the mother: El Salvador, the Dominican Republic, Chile, Nicaragua, Malta, and Vatican City. In the United States, even the most fervent antiabortion groups maintain that women who have abortions are victims, instead directing their attacks at doctors. Earlier this year, when Donald Trump suggested that if Roe v. Wade were reversed, women who choose to terminate a pregnancy should be subject to “some form of punishment,” he was denounced across the political spectrum.

That scenario already exists in El Salvador, a country of 6.3 million, where an active medical and law-enforcement system finds and tries women who are suspected of having had abortions. Public prosecutors visit hospitals to train gynecologists and obstetricians to detect and report patients who show “symptoms of abortion.” Doctors are legally obligated to be informants for the police.”

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Out of Balance: An IndyStar investigation into USA Gymnastics

Marisa Kwiatkowski, Mark Alesia, Tim Evans, Robert Scheer (Photographer), and Steve Berta (Editor), Out of Balance: An IndyStar investigation into USA Gymnastics. The Indianapolis Star, This series began on Thursday, 4 August 2016. “In March 2016, IndyStar began investigating USA Gymnastics – one of America’s most prominent youth sports organizations, and the governing body for the U.S. Olympic team. The investigation revealed that USA Gymnastics has followed a policy of not reporting all sexual abuse allegations against its coaches. That practice has enabled coaches to continuing preying on children despite repeated warning signs. IndyStar also has revealed a culture within the gymnastics community that has allowed coaches to shift from gym to gym, again despite warnings of inappropriate behavior. The investigation also provided the first comprehensive look at the pervasiveness of the problem, revealing that at least 368 gymnasts have alleged sexual abuse over the past 20 years. IndyStar also brought to light accusations of sexual abuse by the former team doctor [Larry Nassar] for USA Gymnastics. That doctor has since been arrested on charges of criminal sexual conduct and child pornography. USA Gymnastics has hired an attorney to examine its internal practices. That review is ongoing.” Update: Christine Hauser and Maggie Astor, The Larry Nassar Case and What Comes Next, The New York Times,  Thursday, 25 January 2018. “Lawrence G. Nassar, the former physician for the American gymnastics team, was sentenced on Jan. 24 to 40 to 175 years in prison for sex crimes. It capped more than a week of victim impact statements by young women and teenagers who described how, as aspiring athletes, they were sent to Dr. Nassar at gymnastics camps, gyms, his home and the Michigan State University clinic. For decades, he molested athletes under the guise of medical treatment.”

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Busted: How a $2 Roadside Drug Test Sends Innocent People to Jail

Ryan Gabrielson and Topher Sanders, How a $2 Roadside Drug Test Sends Innocent People to Jail. ProPublica and The New York Times Magazine, 7 July 2016. “This story was co-published with The New York Times Magazine…. Tens of thousands of people every year are sent to jail based on the results of a $2 roadside drug test. Widespread evidence shows that these tests routinely produce false positives. Why are police departments and prosecutors still using them?”

Update, August 2016: Sidney Awards, Ryan Gabrielson and Topher Sanders Win August Sidney for Exposing Faulty Roadside Drug Tests that Send Innocent People to Jail.

“Ryan Gabrielson and Topher Sanders of ProPublica win the August Sidney for “Busted: How $2 Roadside Drug Tests Send Innocent People to Jail.”

“The story, co-published with the New York Times Magazine, found that faulty roadside drug tests send thousands of people to jail every year. These tests are so unreliable that they are inadmissible in court, yet motorists plead guilty based on tests that can be tripped false positive by dozens of common, legal chemicals, including household cleaners.

A false positive test for crack cocaine turned Amy Albritton’s life upside down. The 43-year-old property manager had no criminal record until a particle on the floor of her car falsely tested positive for crack cocaine. Follow-up tests pegged the substance as food debris, possibly a breadcrumb.

There’s no way to know how many wrongful convictions arise from false roadside results, but as Gabrielson noted in an interview with the Backstory, “even the smallest of false positive rates would produce hundreds annually.””

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Inside the Deadly World of Private Prisoner Transport

Eli Hager and Alysia Santo, Inside the Deadly World of Private Prisoner Transport. The Marshall Project, 6 July 2016. This story was produced in collaboration with The New York Times. “Every year, tens of thousands of fugitives and suspects — many of whom have not been convicted of a crime — are entrusted to a handful of small private companies that specialize in state and local extraditions. A Marshall Project review of thousands of court documents, federal records and local news articles and interviews with more than 50 current or former guards and executives reveals a pattern of prisoner abuse and neglect in an industry that operates with almost no oversight.”

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My four months as a private prison guard

Shane Bauer, My four months as a private prison guard. Mother Jones, July/August 2016. David Uberti writes in Columbia Journalism Review that Shane Bauer’s exposé of the conditions at Winn Correctional Center, a private prison in Louisiana, “confirms many of our worst fears about the private prison industry. Corporate hunger for profits led to a woeful lack of resources in the cell blocks that Bauer patrolled. Inmates lived in squalor and were denied health care for serious sickness. Prison officials resorted to the use of force in lieu of proper staffing. Low wages begat a constant turnover among employees. It was a bad dream for prison guards like Bauer and a hopeless nightmare for the men behind bars.”

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