Originally Posted - October 31, 2005


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PERSPECTIVES

Unequal Treatment

by June Maxam

I've always been curious. That's probably why I work in the field of investigative journalism. Some of my associates laughingly tell me that I just "go looking" for trouble.

Actually, usually I just happen to "stumble" on the controversies and issues that are addressed and so it happened with the statutory rape cases of Beth Geisel, former teacher at the prestigious private Catholic school in Colonie, Christian Brothers Academy; and Lina Sinha, former teacher and now an administrator at the private Manhattan Montessori elementary school.

We're curious why the Geisel case reached national media status with Albany County district attorney David Soares on the Today show and the CBS Early Show but that the Sinha case, perhaps even more "sensational" than the Geisel case, has rated hardly a glance.

Sandra "Beth" Geisel, 42, a former English teacher at CBA, was indicted by an Albany County grand jury in September with three counts of third degree rape and a count of performing a criminal sexual act in connection with alleged sexual encounters with a 16-year-old male student in May. There were no allegations of force. It's just that the law says that the consensual age for sex is 17.

She was accused of having sex with the 16-year-old three times---once at her Latham home, once at his Ravena home and once in the press box of the football stadium at the CBA campus.

Why, even other CBA students lurked around the corner while the sexcapade allegedly occurred in the press box. Sick. Were they disciplined by the school?

It was alleged Geisel had sexual escapades with two other male students, both 17, and so therefore could not be criminally charged. She probably wouldn't have been charged at all had the 16-year-old not been expelled from CBA and when he wasn't reinstated, his parents went to the cops and filed charges, in essence, engaging in retaliation.

So far, despite the school allegedly having evidence that the male student engaged in some illegal activity involving alleged criminal acts, he apparently hasn't been arrested.

The case made national news, international news. It was featured on a controversial website---shows like A Current Affair were reportedly offering money to other CBA students to tell what they knew about Geisel and a bus trip to Florida for which she was one of the chaperones. TV cameras, still photographers jammed the entrances to the court and district attorney's office every time there was to be a conference or appearance in Geisel case. Consensual sex between a teacher and a minor in the backseat of a car and the press box of the football stadium became fodder for dinner table talk and the breakfast nook.

And now there's the case of Lina Sinha.

Who?

No TV show appearances for the prosecutors in that case, no press conferences.

A police officer who is going to turn 23 in a few days has filed a complaint against Lina Sinha, 38, claiming that she had sex with him beginning when he had just graduated from eighth grade and she was a 29-year-old teacher at the Montessori School of New York on E. 55th St. that was started by her parents.

He's alleging that they had sex in a school van, inside the school and in a school-owned apartment, starting in 1996 when he was 13 and continuing for several years. He has apparently maintained some kind of relationship with her for the last 10 years, but apparently hasn't felt abused enough to file any complaint against her until she filed one against him.

She's been charged with second and third degree sodomy and third degree rape---statutory rape. As in the Geisel case, there are no charges that the alleged relationship was forced but minors under age 17 can't legally consent to sex. Is this another he said-she said story with no proof?

Retaliation seems to be involved in the Sinha case too. Interestingly enough, even though the "student" is now a police officer, he didn't do anything about filing a complaint against Sinha until after she filed a complaint against him earlier this year for physical assault which prompted an investigation which could have cost him his job. He filed his complaint against her just a few days before his 23rd birthday and before the statute of limitations ran out. Why'd he wait so long? Why isn't the press asking these questions? Where is the mainstream media in this one?

Is the reason that the press is being so quiet about the Sinha case because a cop is involved and because maybe, just maybe, Ms. Sinha is right, that an assault did occur? Of course the police and Manhattan prosecutors say her complaint was investigated and was determined to be unfounded. Why aren't we surprised? Would the complaint against her even have been taken if the complainant wasn't a cop?

Sinha's attorney, Henry Mazurek, has denied the charges and said that there was no sexual relationship between the teacher and student. He says that charges filed against his client are in retaliation for her calling the NYPD Internal Affairs Bureau in March and filing a complaint that her former student had allegedly physically assaulted her.

Seems like the judge in the Sinha case might have an inkling that there may be some false allegations here in that she denied the prosecution's request for $15,000 bail as well as a request for an order of protection prohibiting Sinha from having any contact with the alleged victim. If it's proven that the allegations against Sinha are false, will the cop be charged? And why hasn't his identity been made known? After all, he's almost 22 and a public servant. The public has a right to know his name.

Geisel's attorney maintained that she was the victim in the charges against her, that the boys had used her alcohol dependency against her, allegedly taken advantage of her and then threatened to tell authorities that she had purchased beer for them. She was bailed on $20,000 but that bail was revoked after the she was charged with driving while intoxicated.

Is that the reason that Geisel was treated differently? Did she become fair game for the salivating press because she has an alcohol problem? Just why is it the Geisel case reached national talk shows and so far, the Sinha story has been pretty much contained to the New York city media.

A plea deal was subsequently reached in the Geisel case. She is expected to receive a sentence of six months in jail when she appears for sentencing this month. She will be required to register as a sex offender and will be placed on probation for 10 years.

So where's the public outcry in the Sinha case that there was in Geisel case? Why was Geisel treated differently? Is it because the alleged victim in the Sinha case is now a cop? Is it because of the district attorneys involved? Is it because the school involved in the Geisel case is Catholic and that John Aretakis, controversial clergy sex abuse attorney who reportedly represents some unknown, yet unnamed alleged victim in the case, pandered to the press.

There are far too many allegations surfacing nationwide about alleged sexual trysts between teachers and students. Are students making false allegations about their teachers when they're flunked by the teacher? Or is the press playing judge and deciding what case to try in their pages and what cases to dismiss outright by ignoring them.

We're curious. We want to know why there has been unequal treatment exercised in these two cases. We think the public and the press should want to know too. 10-31-05

June Maxam has been a journalist, freelance writer and columnist for over 35 years. She founded The North Country Gazette in 1981 which operated as a weekly newspaper until 1994 and continues on-line today. She is Co-Publisher and Editor of The Empire Journal and co-managing editor, copy/layout editor of Diogenes, magazine of the National Judicial Conduct and Disability Law Project.

The coordinator of the New York State Oaths Project, Maxam is the recipient of a media award from the New York State Bar Association for her coverage of town and village courts. She is the author of the book, "Complete Guide to Snowmobiling" and has a book in progress on the Terri Schiavo case.

Maxam holds Associate of Arts and Bachelor of Arts degrees in public affairs with a concentration in criminal justice and constitutional law from SUNY, Empire State College.

© 2005 North Country Gazette


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