Thursday, October 25, 2012

Why was Rick Curl arrested 25-years later? - "There is generally no statute of limitations on felony charges in Maryland."

[UPDATE: Rebuttal From Swimming Exposed added]

What strikes me as odd about this whole drama; and it truly is a legitimate drama, is that nobody realized that they could call the police and have Rick Curl arrested for sexual abuse on a minor. I mean NOBODY from beginning to end.

The list of people is seemingly in the dozens: from the victim who later grew up believing she couldn't file. To individuals like USA Swimming board member, David Berkoff, who ostensibly believe all the rumors of Kelley Currin's sexual abuse but did nothing. To the investigators at USA Swimming. Possibly their executive director. Currin's attorney even, to this blogger, to anybody that read of Currin's travails.

Remarkably, it was Susan Woessner who after receiving an email from victim's attorney, Robert Allard, called the Maryland Police a year-and-a-half or so after USA Swimming received the complaint. The most obvious thing to do and it got missed by everybody till Woessner decided to call!

Why did nobody call; why didn't I call even?  I think the answer is that we all thought that after 7-years or so the statute of limitations gives the offender a "get out of jail free card" but in Maryland that may not be the case.

From Sports Illustrated:

One of his former swimmers, Kelley Davies Currin, claims Curl started a relationship with her in 1983 when she was 13. It lasted for about four years until discovered by her parents. On advice of counsel, the family settled the case with Curl for $150,000 rather than pursuing criminal charges, a decision the alleged victim now regrets. Curl could face up to 15 years in prison if convicted. There is generally no statute of limitations on felony charges in Maryland. 
[Link]

I spent five hours this morning trying to figure who called the police to get Curl arrested. When I read in Swimming World that Susan Woessner filed the report and made that call, I did not believe it.

Why? I did not believe it because of the specter of Chuck Wielgus with all his double talk in the sexual abuse lawsuit depositions and most of all that email he sent telling a colleague to keep a sexual abuse complaint from a young swimmer "...between you and me."

The 5-hours I spent was used writing emails, chatting with a well informed source, more emails, till finally it was Susan Woessner who was the last person standing who could have made that call.

I know I am a broken record and I know that I am going "Craig Lord" on this subject but USA Swimming will never be trusted, will always have lawyers chasing them as long as Chuck Wielgus refuses to "fall on his sword" and take the shame and blame away from the organization so they can reboot and be trusted especially when they get something right.


Rebuttal Start:

Don't get too excited about Susan Woessner calling the police in Maryland. USA Swimming received credible and specific information in April of 2011 and did nothing AFTER an investigation. USA Swimming had the Curl settlement agreement in hand in March of 2012. Action taken... zero.

(Susan Woesner and Chuck Wielgus are like seagulls, you have to kick them to make them move.)

There are two reasons why USA Swimming finally acted in this case. First, a few days before the call USA Swimming received a letter from Kelly's lawyer stating that he was filing a claim on her behalf. Second, the phone was ringing at USA Swimming headquarters from reporters who had the same information.

Don't forget David Berkoff's now infamous email... "Rick Curl, Mitch Ivey and others banging their swimmers! It’s a flat out lie. They knew about it because we (coaches and athletes) were all talking about it in late 1980’s and early 1990’s." USA Swimming indeed knew and did nothing.

Oh, if you read Chuck Wielgus depositions from the Andy King case he admits he knew about Curl prior to 2010.

Any credit for this arrest needs to go to the lawyers and journalists pursuing this issue and most of all to Kelly Currin for having the tremendous courage to come forward.

USA Swimming acts in reaction only and then only reluctantly. Think Fran Crippen and the force that had to be used at this year's convention to get Open Water funding restored. The Rick Curl case is another massive example.

It's time to give USA Swimming something to react to.

--Swimming Esposed


3 comments:

Swimming Exposed said...

Don't get too excited about Susan Woessner calling the police in Maryland. USA Swimming received credible and specific information in April of 2011 and did nothing AFTER an investigation. USA Swimming had the Curl settlement agreement in hand in March of 2012. Action taken... zero.

(Susan Woesner and Chuck Wielgus are like seagulls, you have to kick them to make them move.)

There are two reasons why USA Swimming finally acted in this case. First, a few days before the call USA Swimming received a letter from Kelly's lawyer stating that he was filing a claim on her behalf. Second, the phone was ringing at USA Swimming headquarters from reporters who had the same information.

Don't forget David Berkoff's now infamous email... "Rick Curl, Mitch Ivey and others banging their swimmers! It’s a flat out lie. They knew about it because we (coaches and athletes) were all talking about it in late 1980’s and early 1990’s." USA Swimming indeed knew and did nothing.

Oh, if you read Chuck Wielgus depositions from the Andy King case he admits he knew about Curl prior to 2010.

Any credit for this arrest needs to go to the lawyers and journalists pursuing this issue and most of all to Kelly Currin for having the tremendous courage to come forward.

USA Swimming acts in reaction only and then only reluctantly. Think Fran Crippen and the force that had to be used at this year's convention to get Open Water funding restored. The Rick Curl case is another massive example.

It's time to give USA Swimming something to react to.

Tony Austin said...

I just added you comment to the post as a rebuttal. It now exists in the comment section and the post.

Anonymous said...

Why 25 years later?

1. The blogs
2. Currin coming forward
3. Currin producing NDA
4. Law enforcement pressured to act

For those of you who think it is so easy to file a police report - news flash - its not!!!

The police can refuse to take a report. Try walking into a police station and tell them you heard rumors and see how far that gets you.