Monday, July 21, 2008

Case of Adam Melzer


Case of Adam Melzer
(AKA: Adam M. Melzer, Adam Mark, Melzer, A. Mark Melzer)

Elizabeth, NJ
Travelers Choice Kosher Retreats - New York, NY
Teneck, NJ
Rosenbaum Yeshiva of North Jersey, Basketball Coach - River Edge, NJ


Plead guilty after being arrested and charged with four counts of endangering the welfare of a child for allegedly asking four 16-18 year-old boys to give him naked pictures of themselves.

There are several individuals who are named Adam Melzer, the individual discussed on this page was born onJanuary 17, 1964.
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Table of Contents:

2008
  1. NJ Cops: Youth Supervisor Asked Teens For Nude Pix (07/21/2008) 
  2. Former coach arrested on sex charges (07/21/2008) 
  3. Cops: N.J. Coach Culled Nude Pics from Boys (07/21/2008) 
  4. Adam Melzer, Youth Supervisor and Coach, Arrested for Child Porn (07/21/2008) 
  5. School writes to parents about coach photo scandal (07/25/2008) 

2009
  1. Plea bargain and probation for sex offender (06/05/2009)
  2. Melzer Pleads Guilty in Teen Sex Case (06/05/2009)


2011


  1. People of the State of New York, respondent, v. Adam Melzer, appellant (11/22/2011)


2012


  1. Sex abuse in schools: Prosecutors say manipulation often begins with a text or email (01/30/2012)

2014
  1. New Jersey State Sex Offender Registry (11/11/2014)

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NJ Cops: Youth Supervisor Asked Teens For Nude Pix
Adam Melzer, 34, Arrested On 4 Counts Of Endangering The Welfare Of A Child
Accused Of Persuading Teen Volunteers To Take Naked Pictures Of Each Other
WCBS News - July 21, 2008


TEANECK, N.J. (CBS) -- Bergen County prosecutors announced the arrest of a Teaneck youth program supervisor and basketball coach on four counts of Endangering the Welfare of a Child, CBS 2 HD has learned.

Four males ranging in age from sixteen to eighteen years old disclosed to detectives from the Bergen County Prosecutor's Office and the Teaneck Police Department that Adam Melzer, 34, of Teaneck, had persuaded them to provide him with naked photos of themselves.

The victims stated the conversations they had with Melzer regarding the photos he requested, as well as the actual taking of the photos, took place in 2006 and 2007 when Melzer was a supervisor at a youth basketball program in River Edge where they served as volunteers.

Melzer also served as a coach on various basketball teams that the victims had played on at one time. Formal statements were obtained from each victim.

The arrest came about as a result of an investigation conducted by members of the Bergen County Prosecutor's Office, Sex Crimes and Child Abuse Squad.
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Former coach arrested on sex charges
ABC News - July 21, 2008

TEANECK (WABC) -- Bergen County Prosecutor John Molinelli on Monday announced the arrest of a former youth basketball coach on charges of sex abuse.

Thirty-four-year-old Adam Melzer is charged with four counts of endangering the welfare of a child.

Authorities say four males, ranging in age from 16 to 18 years old, disclosed to detectives from the Bergen County Prosecutor's Office and the Teaneck Police Department that Melzer had persuaded them to provide him with naked photos of themselves.

The victims reportedly stated that the conversations they had with Melzer regarding the photos he requested, as well as the actual taking of the photos, took place in 2006 and 2007 when Melzer was a supervisor at a youth basketball program in River Edge, where they served as volunteers.

Melzer also served as a coach on various basketball teams that the victims had played on at one time. Police say formal statements were obtained from each victim.

Melzer reportedly surrendered himself at the Bergen County Prosecutor's Office in Paramus, New Jersey, on Friday.

Bail was set at $50,000.
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Cops: N.J. Coach Culled Nude Pics from Boys
1010 WINS - July 21, 2008


TEANECK, N.J. (NorthJersey.com) -- A volunteer youth basketball coach from Teaneck convinced several local teenage boys to give him naked pictures of themselves, authorities said Monday.

Adam Melzer, 34, a married salesman, was ordered held on $50,000 bail, charged with several counts of child endangerment. An arraignment is scheduled tomorrow afternoon in Hackensack.

Four boys, aged 16 to 18, told authorities that Melzer "persuaded them to provide him with naked photos of themselves" while he was a supervisor at a youth basketball program in River Edge, where they served also volunteers, said Bergen County Prosecutor John L. Molinelli.

Mr. Melzer also was a coach on various basketball teams that the victims had played on at one time, the prosecutor said.

Each youngster gave investigators a formal statements were obtained from each victim, he said.

Melzer, accompanied by his attorney, surrendered at the prosecutor's office in Paramus on Friday, Molinelli said.

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Adam Melzer, Youth Supervisor and Coach, Arrested for Child Porn
By Ground Report - July 21, 2008


Adam Melzer, 34, of Teaneck, New Jersey, has been arrested and charged with four counts of endangering the welfare of a child for allegedly asking four 16-18 year-old boys to give him naked pictures of themselves.

Adam Melzer was the adult supervisor and one-time basketball coach for the four boys he asked to give him nude pictures. Melzer's asking and the taking of the pictures occurred between 2006-2007 at the youth basketball program where the boys volunteered and Adam Melzer worked in River Edge, NJ.

Adam Melzer is being held on $50,000 bail and is expected to be arraigned in a Hackensack court tomorrow, Tuesday July 22.

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School writes to parents about coach photo scandal
By Lois Goldrich
Jewish Standard - July 25, 2008


In a letter sent on Tuesday by Rabbi Shmuel Goldstein, dean of the Rosenbaum Yeshiva of North Jersey, and Eli Weber, the school's president, parents were notified that Adam Melzer, the River Edge school's former basketball coach, had been arrested for child endangerment.

According to a statement from Bergen County Prosecutor John Molinelli, Melzer, a married Teaneck resident, allegedly targeted at least four former RYNJ students, securing nude photos of the teens — then between the ages of 14 and 16 — by claiming that blackmailers already had pictures of the boys naked.

The prosecutor's office also reported that four boys involved in the investigation stated that the conversations they had with Melzer regarding the photos he requested, as well as the actual taking of the photos, took place in 2006 and 2007, when Melzer was a supervisor at a youth basketball program in River Edge where they served as volunteers.

The arrest came about as a result of an investigation conducted by members of the Bergen County Prosecutor's Office, Sex Crimes and Child Abuse Squad.

According to the RYNJ letter, Melzer was not rehired for the 2008-09 school year because of scheduling conflicts.

Telling parents that "we have not been informed by law enforcement officers of any specific details nor have we been questioned concerning the allegations against him," the letter further noted that "during the time that Mr. Melzer served as our coach, we received no reports of improper behavior or anything that would have raised even the slightest concern."

Stressing that the school maintains "a zero tolerance policy with respect to behavior that may endanger children," the two school leaders said RYNJ had "procedures in place to respond responsibly and quickly should any allegations against our staff ever occur.... We have in the past and will in the future contact the appropriate law enforcement agency whenever there is a claim of child endangerment or any other crime against one of our students."

Goldstein and Weber offered to meet with interested parents the following night, with a counselor available "for those seeking additional guidance." Reiterating that the yeshiva is not involved in the investigation, they urged those with direct knowledge related to the allegations to call the Bergen County Prosecutor's Office directly.

Dr. Wallace Greene, director of Jewish Educational Services at UJA Federation of Northern New Jersey, called the affair "sad and unfortunate. This goes back to the Baruch Lanner case," he said. "At the time there were calls for stricter background checks, but I don't know if any formal policies were adopted. This is precisely why they're needed."

Lanner, former of Hillel Yeshiva High School in Ocean, and director of regions for the Orthodox Union`s National Conference of Synagogue Youth, was found guilty in 2002 of sexually abusing teenagers.

Greene noted that while he cannot cite similar cases of sexual abuse in this area, he does not know if individual religious schools do more than "review résumés and check references."

According to Gloria Montealegre, spokesperson for Gov. Jon Corzine, a New Jersey law passed in 1986 mandates "criminal history record checks for final candidates for school employee positions." While the law was amended in 2006 to authorize local school districts to require volunteers to undergo the background checks, "there is no statewide requirement that volunteers undergo the checks," said Montealegre.

She added that the law applies to public schools only, since "we do not have jurisdiction over private schools. They make their own decisions."

Charged with four counts of child endangerment, Melzer turned himself in to county authorities in Paramus last Friday. Held on $50,000 bail, he was scheduled to be arraigned in municipal court on Tuesday.


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Plea bargain and probation for sex offender
By Charles Zusman
Jewish Standard - June 5, 2009

With a series of simple “yes” answers, Adam Melzer of Teaneck pleaded guilty to child endangerment charges involving nude pictures of young boys taken while Melzer was a youth program supervisor and basketball coach at the Rosenbaum Yeshiva of North Jersey in River Edge.

Melzer agreed to a plea deal, which enables him to avoid prison but requires life-time parole supervision and for him to register as a sex offender under Megan’s Law.

After Superior Court Judge Lois Lipton read the details of the plea deal Wednesday at the courthouse in Hackensack, her question was succinct: “How do you plead?” And Melzer responded quietly: “Guilty.”

“Are you pleading guilty because you really are guilty?” she asked. “Yes,” he responded. By pleading guilty, Melzer waived his right to a grand jury hearing and, if indicted, a trial.

Actual sentencing is scheduled for Aug. 28 after an evaluation at the Adult Diagnostic and Treatment Center for sex offenders at East Jersey State Prison in Avenel.

The 34-year-old Melzer was arrested July 21, 2008, in the incident involving four boys, then 14 to 16, who were volunteer referees at the school after their graduation. According to the accusation, Melzer persuaded the boys, in separate pairs, to supply nude photos of themselves on a digital camera that he provided.

He claimed that a ring of blackmailers had nude photos of the boys and their families taken with a telephoto lens, and that they would surrender the photos if the boys would supply the photos of themselves.

The scheme was broken when one group of boys overheard the other talking about it.

The incidents took place in 2006 to 2007. Melzer, who in answer to a question said he is a law school graduate, has been free on $50,000 bail.

Lipton, in reading the questions, acknowledged that the list was extensive and repeatedly asked Melzer if he understood. He said he did. The judge said the plea arrangement had been meticulously worked out by the defense and prosecution.

The actual charges are third-degree child endangerment, carrying a possible sentence of five years, Lipton told the defendant. Under the plea arrangement, the sentence would be three years, and — providing Melzer meets the stipulations — would be suspended.

The Avenel session, she said, is to determine if the crimes were “compulsive and repetitive.” If such crimes are deemed “compulsive and repetitive,” violators must confirm their addresses every 90 days, and all others must do so every year.

If he violates his parole, Melzer would face prison time.

As a violator under Megan’s Law, Melzer must notify law enforcement agencies of his address, and keep them updated on any moves. His date of birth, address, and details about his car will be public knowledge and may be found on the Internet.

As part of the proceeding, Melzer had to acknowledge details of the incidents as read by one of his lawyers, Tim Donohue of West Orange. He was also represented by Benjamin Braford of New York. The state was represented by Assistant Prosecutor Kenneth Ralph.

Megan’s Law refers to state laws requiring that addresses and other details about convicted sex offenders be available to the public, and posted on the Internet, to alert neighbors. The laws are named for Megan Kanka, 7, who was kidnapped and murdered on July 29, 1994, by Jesse Timmendequas in West Windsor.

Timmendequas had been freed on an earlier sex conviction, and Megan’s mother, Maureen, said if she had known of the situation, she would have warned her daughter to stay away from his home. Timmendequas is now in prison for life.

Maureen Kanka then spearheaded a drive to adopt the laws, informally named for her daughter.

After the hearing, Melzer’s attorneys issued a statement on his behalf:
“Today’s disposition, that allows for a suspended sentence, is truly in the best interests of all parties. A long, difficult trial would have subjected all parties to a terrifying and humiliating ordeal.

“Adam Melzer is a fundamentally decent young man from an extraordinary family. He clearly has some personal issues to deal with, but the appropriate remedy is treatment , not incarceration.

“We are hopeful that Adam’s community will ultimately extend the same compassion and understanding towards Adam that the prosecution and the court already have.”





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Melzer Pleads Guilty in Teen Sex Case 
Jewish Week - June 5, 2009


Adam Melzer, the 35-year-old former yeshiva basketball coach charged last summer with child endangerment, pled guilty in a court appearance in Hackensack, NJ on June 3.


A married father and member of the Orthodox community in Teaneck, Melzer was accused of persuading teenage boys whom he coached at a local day school to take naked pictures of themselves several years ago and give the photos to him.

Four youngsters in the community contacted the Bergen County Prosecutor's Office and the Teaneck Police Department last summer, leading to Melzer's arrest. Officials believe that more than a dozen teens from the community took part in or knew of the photo requests, but have not come forward to avoid stigma and unwanted publicity.

Melzer maintained his innocence at the time of his arrest. But on Wednesday, according to Kenneth Ralph, assistant prosecutor in Bergen County, Melzer pled guilty to four counts of endangering the welfare of children. He will be evaluated as a sex offender before sentencing, scheduled for Aug. 28.

Depending on the outcome, Melzer could be sentenced to up to three years in prison or placed on supervised parole for life.

Sources close to the case say that Melzer made a pornographic video with an underage girl and two teenage boys from the community having consensual sex. In court, he admitting "obtaining and showing" a pornographic video to at least one minor, Ralph said.

Melzer is a member of Cong. Beth Abraham in Bergenfield, but after being snubbed there, according to sources, has been attending Cong. Bnai Jeshurun, another Orthodox synagogue, in nearby Teaneck.

Some community members are calling for local rabbis to put Melzer in cherem - a form of religious ostracism - that would not allow him to be a member of a synagogue or be called to the Torah.

Rabbi Yaakov Neuburger of Cong. Beth Abraham, to which Melzer belongs, said his initial response is that an admitted sex offender should not be given religious honors at synagogue services. He added that he plans to discuss with his rabbinic colleagues what approach should be taken in defining an "unwelcome" communal attitude toward Melzer. In addition, the rabbi said it is also important to send "a clear message" of respect to "the youngsters who came forward."

Benjamin Brafman, an attorney for Melzer, said he is “hopeful that Adam’s community will ultimately extend the same compassion and understanding towards Adam that the prosecution and the Court already have.”

Brafman said the disposition of the case, allowing for a suspended sentence, was “in the best interest of all parties.”

He described Melzer as “a fundamentally decent young man” who “clearly has some personal issues to deal with,” adding that “the appropriate remedy is treatment, not incarceration.”


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People of the State of New York, respondent, v. Adam Melzer, appellant
FindLaw - November 22, 2011


2011–03283

ANITA R. FLORIO, J.P. L. PRISCILLA HALL LEONARD B. AUSTIN JEFFREY A. COHEN, JJ. Brafman & Associates, P.C., New York, N.Y. (Benjamin Brafman, Mark M. Baker, and Andrea Zellan of counsel), for appellant. Kathleen M. Rice, District Attorney, Mineola, N.Y. (Tammy J. Smiley, Joanna Hershey, and Laurie K. Gibbons of counsel), for respondent.
Argued—October 27, 2011

DECISION & ORDER
Appeal by the defendant from an order of the Supreme Court, Nassau County (St.George, J.), dated February 18, 2011, which, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6–C.

ORDERED that the order is affirmed, without costs or disbursements.

The defendant is an individual who was a registered sex offender in New Jersey.   Upon taking up permanent residence in New York in December 2009, he registered in New York as a sex offender with the Division of Criminal Justice Services, as required by Correction Law § 168–k.   In June 2010, the New York Board of Examiners of Sex Offenders (hereinafter the Board of Examiners) reviewed the defendant's conviction in New Jersey and recommended an upward departure from a risk level one to risk level two.   In November 2010, the defendant moved back to New Jersey prior to his risk level assessment hearing in New York, which commenced in January 2011 and concluded in February 2011.

Contrary to the defendant's contention, the Supreme Court was statutorily required to hold a risk level assessment hearing after receiving the recommendation of the Board of Examiners regarding the defendant's level of notification (see Correction Law § 168–n[1], [2];  Matter of Churuti v. Devane, 29 AD3d 1139, 1141;  People v. Peters, 27 AD3d 784).   The Supreme Court did not err in conducting the risk level assessment hearing after the defendant had moved back to New Jersey, as the dual purposes of the Sex Offender Registration Act (see Correction Law article 6–C;  hereinafter SORA), which are to monitor sex offenders' whereabouts and to aid law enforcement in prosecuting recidivist offenders, would be frustrated if they were to cease when a registered sex offender moves out of the state (see Matter of Doe v. O'Donnell, 86 AD3d 238, 241–242, lv denied NY3d, 2011 N.Y. Slip Op 87110 [2011] ).

The defendant also contends that the Supreme Court erred in upwardly departing from the presumptive risk level one to risk level two.   The defendant correctly states that the Supreme Court failed to set forth adequate findings of fact and conclusions of law as mandated by Correction Law § 168–n(3) (see People v. Vega, 79 AD3d 718).   However, remittal is not required, as the record is sufficient for this Court to make its own findings of fact and conclusions of law (see People v. Rivera, 73 AD3d 881).   In support of their application for an upward departure, the People presented aggravating factors, including the defendant's misuse of his position of trust in committing the underlying offense (see People v. Mantilla, 70 AD3d 477, 478), and that the defendant manipulated and deceived his victims (see People v. Barad, 50 AD3d 988;  People v. Scott, 29 AD3d 1025, 1026–1027).   These factors tend to establish a higher likelihood of reoffense or danger to the community and were otherwise not adequately taken into account by the SORA Guidelines (see Sex Offender Registration Act:  Risk Assessment Guidelines and Commentary [2006 ed] ).   In addition, the People established the facts in support of these aggravating factors by clear and convincing evidence.   Thus, the Supreme Court providently exercised its discretion in upwardly departing from the presumptive risk level one to risk level two (see Correction Law § 168–n[3];  People v. Wyatt, _ AD3d _, 2011 N.Y. Slip Op 07404 [2d Dept 2011];  see generally People v. Liguori, 48 AD3d 773).

The defendant's remaining contention is unpreserved for appellate review.

FLORIO, J.P., HALL, AUSTIN and COHEN, JJ., concur.

ENTER:
Matthew G. Kiernan
Clerk of the Court

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New Jersey State Sex Offender Registry
January 11, 2014




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