Francis Holland Blog Files Complaint in Therapist/Client Sex Case

FOR IMMEDIATE RELEASE

Atty. Francis L. Holland
francislholland@gmail.com
55 (73) 9123-2538


September 1, 2009



Ms. Pamela Matthews
Director
Office of the Milwaukee Ombudsman for Child Welfare
1442 North Farwell Avenue, Suite #300
Milwaukee, WI 53202-2913
pmatthews@obudsmanmild.org
(414) 224-1337

Dear Ms. Matthews:

Please receive this letter as a formal complaint, and a formal request for an Ombudsman complaint on my behalf, regarding Milwaukee Bureau of Child Welfare social worker Peter J. Nelson's unlawful therapist/client sexual contact with Theola Nealy, and the Bureau's decision to give Mr. Nelson custody of Ms. Nealy's daughter, fathered through in the unlawful sexual contact of Mr. Nelson with a Child Welfare client. Thank you for calling me this afternoon regarding my concerns about Peter J. Nelson.

Contrary to your representation in our telephone call of today, your Milwaukee Ombudsman for Child Welfare web page entitled, "Who Can File A Compaint", states that among those who may file a complaint are "The Ombudsman (who can file a complaint for anyone not listed above)."

In my capacity as "anyone not listed above", I hereby file this complaint and request that the Ombudsman file, receive and pursue a complaint on my behalf, and on behalf of the Francis L. Holland Blog.

Today, I have filed a formal report of these facts to Milwaukee Bureau of Child Welfare social worker Laura Green, of the Bureau's Crisis Response Team, through the Child Abuse and Neglect Hotline (414) 220-7233, Wisconsin Department of Children and Families. Ms. Green confirmed that she and the Bureau are aware of the facts of this case as reported: that Peter J. Nelson, worked as a social worker for the Bureau, engaged in sexual intercourse with Theola Nealy, a client of the Bureau, leading to the birth of a third child to Theola Nealy. Ms. Green confirmed that Peter J. Nelson is now in custody of that child. In my child at risk report, I stated my belief that the child of Peter J. Nelson and Theola Nealy is at-risk at this time because the child is in the custody of a social worker who may have committed two or more sexual felonies under Wisconsin statutes.

Wisconsin Statutes 940.22(2), Entitled "Sexual Exploitation by Therapist, Duty to Report, provides that:

(2) SEXUAL CONTACT PROHIBITED. Any person who is or who holds himself or herself out to be a therapist and who intentionally has sexual contact with a patient or client during any ongoing therapist−patient or therapist−client relationship, regardless of whether it occurs during any treatment, consultation, interview or examination, is guilty of a Class F felony. Consent is not an issue in an action under this subsection.

Section 940.22(1), entitIed "Definitions, provides that:

(i) “Therapist” means a physician, psychologist, social worker, marriage and family therapist, professional counselor, nurse, chemical dependency counselor, member of the clergy or other person, whether or not licensed or certified by the state, who performs or purports to perform psychotherapy.

See also "Sex Crimes and Penalties in Wisconsin", State of Wisconsin Legislative Reference Bureau, Informational Bulletin 01-1, Part II, p. 7.,entitled "Sexual Exploitation by a Therapist."

As WISN.COM reported:

A social worker who was supposed to be helping a Milwaukee woman got her pregnant instead, the woman said. Now, she's fighting to get her daughter back.T he baby's father was assigned to investigate a child neglect complaint about the woman's other children.

It appears that there was an ongoing therapist(social worker)/client relationship between Nelson and Nealy during any period when Theola Nealy and/or her children were supervised or under the custody of the Milwaukee Bureau of Child Welfare. Theola Nealy's daughter, Melina, was born under just such circumstances. Melina was born while Theola's other two children were in the custody of the Bureau of Child Welfare and while her access to those children depended on decisions made by Nelson and/or his colleagues or team within the Bureau of Child Welfare.

I am an attorney not practicing in the United States, so this complaint is filed in my capacity as an international afrosphere political blogger/advocate seeking equal justice for Blacks in interactions with official agencies, contractors and representatives thereof.

Because the Office of the Milwaukee Ombudsman for Child Welfare receives and pursues complaints regarding the Bureau of Milwaukee Child Welfare from "anyone", I address this formal complaint to your attention.

Peter J. Nelson is a Milwaukee social worker for the Bureau of Milwaukee Child Welfare (BMCW) who has acknowledged to news reporters that,

1. In his role as a social worker, he supervised and counseled Theola Nealy, a Black mother from who the BMCW had taken away custody of her two children;
2. At some point during his involvement with Theola Nealy and her family, as Mr. Nelson has acknowledged to the media, he engaged in sexual contact and sexual intercourse with Theola Nealy, impregnating her, and then he subsequently sought and won custody of the child born of this therapist/client sexual relationship.

Consider the definition of "rape" under the California Penal Code, Chapter 217(a)(7) and (b)(1):

(7) Where the act is accomplished against the victim's will by threatening
to use the authority of a public official to incarcerate, arrest, or
deport the victim or another, and the victim has a reasonable belief that the
perpetrator is a public official. As used in this paragraph, "public official"

means a person employed by a governmental agency who has the authority,

as part of that position, to incarcerate, arrest, or deport another.

The perpetrator does not actually have to be a public official.

(b) As used in this section, "duress" means a direct or implied threat
of force, violence, danger, or retribution sufficient to coerce a reasonable

person of ordinary susceptibilities to perform an act which otherwise would

not have been performed, or acquiesce in an act to which one otherwise

would not have submitted. The total circumstances, including the age of the

victim, and his or her relationship to the defendant, are factors to consider

in appraising the existence of duress. (Emphasis added.)

A very serious abuse has taken place. The fact of having taken two children away, and the threat not to return them, is just the sort of "official" "retribution" which the California law seeks to prevent, and which Wisconsin surely criminalizes as well. Because the Milwaukee Bureau of Child Welfare had already removed two children from Nealy's home, it was reasonable for Theola Nealy to believe regaining child custody could or would depend on submitting to Nelson's sexual contact, or that refusing could hurt her chances, effectively forcing her to have sex with him. The fact that Nelson has taken custody of Nealy's third child underscores his willingness to use the Milwaukee Bureau of Child welfare coercively, even after he ceased working there.

As the Wisconsin Court of Appeals found in State v. Daniel L. Litsey, "Under these circumstances, the jury could reasonably conclude that A.F.’s continued acquiescence in the assaults was rationally motivated by Litsey’s prior threats and use of force, despite the passage of years since they occurred." In State Chirstopher Johnson, the Wisconsin Appeals Court found that, the “force threatened and force applied” concept encompassed by the words “by use or threat of force or violence” means action that is “directed toward compelling the victim’s submission.” State v. Baldwin, 101 Wis.2d 441, 451, 304 N.W.2d 742, 748 (1981). [FN3]"

As I stated in my e-mail/press release of today, it appears to me, based on media reports, that if Mr. Nelson was a social worker for Ms Nealy, individually or as part of a team or bureau with oversight over Ms. Neally's case, or represented himself or appeared to be such at the time of the sexual involvement, then Mr. Nelson may have violated Wisconsin Statutes Section 940.22 (2), entitled “Sexual Exploitation by a Therapist”, which states:

(2) SEXUAL CONTACT PROHIBITED. Any person who is or who holds himself or herself out to be a therapist and who intentionally has sexual contact with a patient or client during any ongoing therapist−patient or therapist−client relationship, regardless of whether it occurs during any treatment, consultation, interview or examination, is guilty of a Class F felony. Consent is not an issue in an action under this subsection. (Emphasis added.) http://www.legis.state.wi.us/statutes/Stat0940.pdf

It further appears to me that Mr. Nelson may have committed criminal acts forbidden under “Second Degree Sexual Assault” (Wisconsin Statutes Chapter 940, Section 940.225(c)(2), paragraphs (a), (b), and/or (c) if Mr.Nelson used the apparent force and authority of his role in the Bureau of Milwaukee Child Welfare to force or compel Theola Nealy to have sex with him, in the hopes that doing so might help her to regain custody of her children, or in the belief that failing to have sex with him could prevent her from regaining custody of her children.

940.225 (2) SECOND DEGREE SEXUAL ASSAULT. Whoever does any of the following is guilty of a Class C felony:

(a) Has sexual contact or sexual intercourse with another person without consent of that person by use or threat of force or violence.

(b) Has sexual contact or sexual intercourse with another person without consent of that person and causes injury, illness, disease or impairment of a sexual or reproductive organ, or mental anguish requiring psychiatric care for the victim.

(c) Has sexual contact or sexual intercourse with a person who
suffers from a mental illness or deficiency which renders that person temporarily or permanently incapable of appraising the person’s conduct, and the defendant knows of such condition.

I believe Mr. Nelson may be chargeable under two or more statutes because:

Separate acts of sexual intercourse, each different in kind from the others and differently defined in the statutes, constitute separate chargeable offenses. State v.
Eisch, 96 Wis. 2d 25, 291 N.W.2d 800 (1980).

In addition, it seems that co-workers of Mr. Nelson may have violated Wis.Stats. 940.22(3) by failing to report Mr. Nelson's behavior within 30 days of becoming aware of it.

Today, I have filed a formal report of these facts to Milwaukee Bureau of Child Welfare social worker Laura Green, of the Bureau's Crisis Response Team, through the Child Abuse and Neglect Hotline (414) 220-7233, Wisconsin Department of Children and Families.

Ms. Green confirmed that she and the Bureau are aware of the facts of this case as reported: that Peter J. Nelson, worked as a social worker for the Bureau, engaged in sexual intercourse with Theola Nealy, a client of the Bureau, leading to the birth of a third child to Theola Nealy. Ms. Green confirmed that Peter J. Nelson is now in custody of that child. In my child at risk report, I stated my belief that the child of Peter J. Nelson and Theola Nealy is at-risk at this time because the child is in the custody of a social worker who may have committed two or more sexual felonies under Wisconsin statutes.

However, in spite of the Bureau's knowledge that Theola Nealy's child is in the custody of a man who may be criminally liable under sex offender laws, the Bureau has not removed Ms.Nealy's child from Mr. Nelson's custody.

In the interest of the safety of Theola Nealy's infant, and public confidence in the Milwaukee Bureau of Child Welfare and its contractor, the Office of the Milwaukee Ombudsman for Child Welfare, I hope you will act quickly to coordinate with the office of Milwaukee District Attorney John T. Chisolm so that Peter J. Nelson will be prosecuted for any sex crimes he may be found to have committed in his capacity as a social worker at the Milwaukee Bureau of Child Welfare.

Please inform me and the Francis L. Holland Blog of the status of this formal complaint, request for complaint, and investigation.

Sincerely,

Atty. Francis L. Holland
The Francis L. Holland Blog
http://francislholland.blogspot.com
francislholland@gmail.com
55 (73) 9123-2538

CC: Milwaukee District Attorney John T. Chisolm, da.milwaukee@da.wi.gov

Colleen Henry, Reporter, WISN (Milwaukee ABC Affiliate), chenry@WISN.com

Jose Antonio VargascomDarryl D Fears<fearsd@washpost.com>
African American Political Pundit, africanamericanpoliticalpundit@gmail.com
Color of Change
Milwaukee Department of Children and Families, Child Abuse and Neglect, dcfcps@wisconsin.gov
Wisconsin Department of Children and Families, http://dcf.wisconsin.gov/contact_us.htm

References:

http://www.wisn.com/news/20606268/detail.html

http://ombudsmanmilw.org/complaintprocess/whocanfile.htm

http://www.legis.state.wi.us/statutes/Stat0940.pdf

http://www.legis.state.wi.us/statutes/Stat0940.pdf