Man sexually assaulted disabled woman at Aqueduct Racetrack

[infrontby1]

Never mind this disgraceful act that occurred at Aqueduct on Super Bowl Sunday.

Read further down the article that describes how poorly the facilities are at this major venue in New York.

Such as: "A racing fan said he recently saw a pigeon pecking at a salad bar crouton bowl."

No excuse for NYRA, none. And the racino next door has every right to defend itself in the article saying that it has nothing to do with how the racetrack and its property are maintained


http://www.nydailynews.com/new-york/nyc-crime/man-sexually-assualts-disabled-woman-aqueduct-racetrack-officials-article-1.1617830

[PaceAdvantage]

NY Daily News? I haven't even read it yet and I already know what to expect.

What does a pigeon have to do with sexual assault anyway?

[BIG HIT]

Worst is only 7 yr thought rape was 20 yr sick joke maybe she can sue? casino and trk

[PaceAdvantage]

Holy Shit was that an absolutely disgraceful hit piece, taking advantage of an awful situation that could have happened at ANY public venue and trying to make it the fault of NYRA. From the accounts of the article itself, it sure seems to me that NYRA security did their job, apprehending this scumbag and handing him over to the NYPD.

The NY Daily News is a ****ing joke when it comes to reporting on NYRA. And probably most other things as well.

[BIG HIT]

The pigeon point was trk and casino don't care if you eat sh*t die as long as you bet frist lol:)

[PaceAdvantage]

Worst is only 7 yr thought rape was 20 yr sick joke maybe she can sue? casino and trkIf her daughter had the mental capacity of a 2yo as the article states, then what mother would let their 2yo go to a public bathroom by themselves?

But the NY Daily News wants to somehow put the blame for this on NYRA?

What a farce the NYDN is....

[PaceAdvantage]

The pigeon point was trk and casino don't care if you eat sh*t die as long as you bet frist lol:)Mr Bossert, is that you?

[Robert Goren]

Holy Shit was that an absolutely disgraceful hit piece, taking advantage of an awful situation that could have happened at ANY public venue and trying to make it the fault of NYRA. From the accounts of the article itself, it sure seems to me that NYRA security did their job, apprehending this scumbag and handing him over to the NYPD.

The NY Daily News is a ****ing joke when it comes to reporting on NYRA. And probably most other things as well.I actually agree with you. It was a hit piece.

[Grits]

The mother of this woman with disabilities should be turned over to the state of NY's child protective services. The daughter removed from her care. This woman is a "meal ticket" of benefits and her mother is probably living off of her! Having seen this for 37 years, its rampant.

Its quite likely that the woman can function at a level higher than that of a toddler, but instead, this mother claims, the absolute lowest level of functioning so that her lawsuit against NYRA will fly.

To be honest, she should be sharing the cell with the bastard that committed this sexual assault on her child.

I don't understand why he isn't charged with rape? Maybe someone can enlighten me.

Sorry, if I seem a bit removed from the report of pigeons and such. The child interests me far more.

[jk3521]

[QUOTE=PaceAdvantage]Mr Bossert, is that you?[/QUOT

Taking a sad story of this rape and using it to lambaste NYRA. Bossert should be ashamed of himself! What does one thing have to do with the other? One thing more deplorable than the conditions at any racetrack is the terrible state of the New York Daily News! A more depressing "rag" to read there isn't!

[MadWorld]

No excuse for NYRA, none. And the racino next door has every right to defend itself in the article saying that it has nothing to do with how the racetrack and its property are maintained


Interesting thatt the hostesses and servers wear Resorts World shirts in the restaurant where it took place.

[Grits]

Taking a sad story of this rape and using it to lambaste NYRA. Bossert should be ashamed of himself! What does one thing have to do with the other? One thing more deplorable than the conditions at any racetrack is the terrible state of the New York Daily News! A more depressing "rag" to read there isn't!

I hope Mr. Bossert reads Pace Advantage because Mr.Bossert is a pathetic hack looking for an opportunity to further his agenda at the expense of one who was unable to help herself while a horrific crime was carried out against her. Bossert's a NOTHING. One who should be out of a job, today.

In reading the comments that follow, this is from one who is taking up for the mother. Unbelievable.

The mother is probably in her late 60s or 70s and is out of energy from taking care of her disabled daughter for 40 years. The blame goes solely on the rapist here. Lock him up for life, let the other prisoners pull a train on him, and just look the other way as HE screams. That's called JUSTICE!

I'm not this mother's age, but I've never been troubled by lack of energy or fatigue. Had my son been left to lie, naked, on a floor, hurting and violated? The predator would be on the other side of the grass. The last thing he would've witnessed would've been my lack of fatigue and how damn fast I could empty the magazine of a .380. He would have never lived to see the NY state court system..ever.

[HUSKER55]

Grits...you are correct!

[jk3521]

Jerry Bossert "Crusading reporter" :(

Maybe he's looking to be another Lupica. Something to fall back on after horse racing dies a miserable death !

[Saratoga_Mike]

The mother of this woman with disabilities should be turned over to the state of NY's child protective services. The daughter removed from her care. This woman is a "meal ticket" of benefits and her mother is probably living off of her! Having seen this for 37 years, its rampant.

I don't understand why he isn't charged with rape? Maybe someone can enlighten me.



I agree with you on the "mother" - disgraceful.

The alleged rapist has been charged with a class D felony - second-degree rape is also a class D felony. Under NY state law, the current charge covers forced oral sex. Second-degree rape would involve intercourse, which the article alleges happened. Let's hope another charge is forthcoming.

[Stillriledup]

Holy Shit was that an absolutely disgraceful hit piece, taking advantage of an awful situation that could have happened at ANY public venue and trying to make it the fault of NYRA. From the accounts of the article itself, it sure seems to me that NYRA security did their job, apprehending this scumbag and handing him over to the NYPD.

The NY Daily News is a ****ing joke when it comes to reporting on NYRA. And probably most other things as well.

I agree.

This assault was not Aqueduct's fault as it could have happened at any track in the world, bad job by the guy writing the article.

[Stillriledup]

Here's the same story being covered by a different writer.

http://www.dailymail.co.uk/news/article-2562300/Man-charged-sexually-assaulting-woman-mental-capacity-toddler-racetrack-restrooms.html

[taxicab]

A couple things jump out at me reading the provided link.
I don't know anything about the NYDN, but I'm gathering from the reaction on this thread that the paper is of a low quality.
Off of that one article, I tend to agree.
This was a hatchet job by the reporter/NYDN, no two ways about it.
Two things leaped out about the piece.
The use of inserted adjectives in the article shows the reporter is trying to "sell" his point of view(which as I said was a hatchet job).
Two examples:
"after the shocking Super Bowl incident"
No kidding it was shocking clown, sensationalism at it's worst.
Next...."Casino officials have offered apologies for the filthy conditions at the track.
I guarantee you the word filthy was not in the release from the casino officials, it was placed in the story by the NYDN.....bush league.

Next the actual incident.
What was AQU supposed to do?......follow around every single patron at the track?
Please.

And the criminal himself.
This guy is a predator, and his crime was premeditated.
How do we know this( besides the obvious) ?
The predator knew the one place that he could assault the victim without visual evidence against him was the restroom.
It's illegal to place security video cameras in public restrooms.
All predators know this.
That's where he committed his assault.
My guess is the rapist will plead out to what ever he can get, once the DA plays this card.
Funny how the NYDN never does any real digging related to the incident in the article.
Huh, it looks like the rag forgot those points.
And as already stated in this thread, what do visual track conditions have to do with the price of tea in China in a rape case?

And while I'm ranting......
Tell the NYDN to do a little research and get the rapist name right.
If they think "Frank Wood" is this guys real name they are complete morons.
Do some research clowns.....
Garbage reporting.

[jk3521]

Here's the same story being covered by a different writer.

http://www.dailymail.co.uk/news/article-2562300/Man-charged-sexually-assaulting-woman-mental-capacity-toddler-racetrack-restrooms.html
Just the facts, no sensationalism!

[Grits]

This is a story that I should, maybe, not ever have commented on in that I am the mother of an individual with disabilities. Though, my son, unlike this woman talks, plenty. She was non verbal. All the more reason to not ever have left her alone. :(

Someone posted last night,

"Too bad we hide behind keyboards. Some of the players have made very snide remarks to me. Too bad I live in southern Ohio, and they live hundreds of miles away. If some of the players lived closer I would pay them a visit. You should not post something unless you are prepared to say it face to face."

There's not a thing wrong with Aqueduct Racetrack. I've had days there that were as enjoyable as those I've spent at Belmont and Saratoga. Wood Memorial Day is a grand one. Saturday afternoon, anytime, is a fine one.

Jerry Bossert is a parasite. He chose to use Aqueduct to attach himself to. He made Aqueduct, and worse, this young woman parasitic hosts for him to feed off of. He used her catastrophic misfortune as a windfall to gain readership for himself and for his rag of a publication. This hack has made me physically sick with hurt for this woman today. :(

Have I got the guts to back up my remarks? Would I tell him to his face, instead of behind this keyboard what I think of him? In a New York minute.

NYRA should ban this unfortunate, this small human being from their grounds.

I'm done, cooked. I pray I don't learn anything as sad as this again at Pace Advantage.

[tanner12oz]

Why this thread is polluting general handicapping discussion is beyond me

[cj]

Why this thread is polluting general handicapping discussion is beyond me

Was wondering the same, just moved it.

[Rookies]

"He would have never lived to see the NY state court system..ever. "

Always been my position, Grits.

And now that I'm 4 days Retired, much more easy to enforce.

[dirty moose]

Jerry Bossert is the NYRA guy for the Daily news. I don't know him but I know he's been writing for the daily news about racing for a couple of decades. He's at AQ everyday.

He sees what goes on there. I've been going to this dump since I was a kid. Haven't been to that race track side since then. The place is a dump. I wouldn't step foot into the race track part of the building. As for the slots part, it's not a whole lot better.

I don't think it's NYRA's fault that a crime was committed there. That can happen anywhere. I think maybe what he's trying to say is; maybe if they kept the place a little better they would attract a slightly better crowd. If they have to sweep for homeless at night, there's obviously a problem there.

He went a little to far after talking about the homeless. It was a little unnecessary to point out some of those things that have nothing to do with the crime. I think he was trying to point out that if the place wasn't such a dump, maybe it would have been avoided.

That being said, crimes can happen anywhere. So I understand some of what you guys/gals are saying in this thread.

[andtheyreoff]

Holy Shit was that an absolutely disgraceful hit piece, taking advantage of an awful situation that could have happened at ANY public venue and trying to make it the fault of NYRA. From the accounts of the article itself, it sure seems to me that NYRA security did their job, apprehending this scumbag and handing him over to the NYPD.

The NY Daily News is a ****ing joke when it comes to reporting on NYRA. And probably most other things as well.

I was just about to post the same thing. It seemed like the Daily News was going out of their way to make this about how much Aqueduct & NYRA suck, which happens to be a common agenda of theirs.

And, of course, the uninformed masses will read this and assume that the track is an unsafe place, when, of course, it could have happened anywhere in the world. For shame, Daily News. :ThmbDown: :ThmbDown: :ThmbDown:

EDIT: Just looking at the comments on the Daily News' website, the commenters are, fortunately, more focused on the case than the supposedly decrepit condition of Aqueduct. One even posted:

Congratulations to the commenters here. THE STORY HERE IS A WOMAN WAS RAPED The fact that it happened at a race track and then go on about that race track has nothing to do with the story. The nydn has to make something political about every story.

Another said:
Hey Daily News, How about just reporting the story instead of trying to sensationalize it. What does the condition of the facilities have to do with anything. These type of things can and do happen anywhere , anyplace.

[OTM Al]

Bossert did not originate this story. He's never troubled himself to leave the press box. No, he picked this one up from NYs ultimate hit piece writer, James Odato. Have a look at what Alan Mann wrote in his Left at the Gate blog about the incident.

http://leftatthegate.blogspot.com/2014/02/wednesday-news-and-notes.html?m=1

There are only a few writers you can count on to give you a straight story on NY racing and he is one.

[Tom]

The daily news is not fit to line the cage that pigeon should be in.
And Mr. Bossert is not fit to eat wit the pigeon.
The Daily News is below Mad Magazine on the journalism hierarchy.

[EMD4ME]

Bossert did not originate this story. He's never troubled himself to leave the press box. No, he picked this one up from NYs ultimate hit piece writer, James Odato. Have a look at what Alan Mann wrote in his Left at the Gate blog about the incident.

http://leftatthegate.blogspot.com/2014/02/wednesday-news-and-notes.html?m=1

There are only a few writers you can count on to give you a straight story on NY racing and he is one.

Did any one else notice that the complaint has 8:02 p.m. as the time of the crime? I was there that day and the track was closed by 6:00 p.m.

I am not saying it didn't happen or any thing of the sort. This p.o.s. should've been handled in the parking lot with no judicial process.

Is the time incorrect? Was this really on the track side? Is the date wrong?

[NY BRED]

So, the track has no responsibility to protect the public, as video
cameras are not permitted?

How about placing an attendant in the bathroom when you are
taking in 6,000,000 a month? That said, why aren't you improving
the track, unless it is ordained you are closing this dump

People on this board have discussed the great times they
had at a tracks, which today have become virtual television
studios. This horror story will have an impact in months to
come, as I have to believe heavy litigation will follow.


And, by a 99-1 shot chance you went to AQU, and YOU or a
family member was abused, robbed or had the shit kicked
would you blink on this scenario ??

:mad:

[aaron]

Bossert did not originate this story. He's never troubled himself to leave the press box. No, he picked this one up from NYs ultimate hit piece writer, James Odato. Have a look at what Alan Mann wrote in his Left at the Gate blog about the incident.

http://leftatthegate.blogspot.com/2014/02/wednesday-news-and-notes.html?m=1

There are only a few writers you can count on to give you a straight story on NY racing and he is one.
i read the article linked by Al. For one thing,I don't believe the rape and the conditions of the facility belong in the same discussion. Should they have an attendant in the bathrooms ? Probably. If memory serves me correct,years ago there were attendants in all bathrooms.
Also, sorry to see Jerry Davis go. In my opinion he is one of the good guys.

[PaceAdvantage]

So, the track has no responsibility to protect the public, as video
cameras are not permitted?

How about placing an attendant in the bathroom when you are
taking in 6,000,000 a month? That said, why aren't you improving
the track, unless it is ordained you are closing this dump

People on this board have discussed the great times they
had at a tracks, which today have become virtual television
studios. This horror story will have an impact in months to
come, as I have to believe heavy litigation will follow.


And, by a 99-1 shot chance you went to AQU, and YOU or a
family member was abused, robbed or had the shit kicked
would you blink on this scenario ??

:mad:List some major public venues that have attendants in the bathrooms.

I don't see an attendant in the bathroom at Penn Station in Manhattan...you think that place is "nice?" :lol:

Let's see...how about Madison Square Garden? I didn't go to the bathroom the last time I was there, so I can't comment...anyone?

Yankee Stadium? I haven't been to the new stadium (and I call myself a fan?) so I can't comment...although I don't recall bathroom attendants in the old stadium, but I could just not be remembering correctly.

If you have an extreme anti-NYRA bias, I can see why one would want to blame NYRA for this heinous attack. It fits your narrative. However, when one looks at the situation with all bias removed, and compares NYRA with other public venues, one comes to the quick and easy conclusion that NYRA is not to blame in any way, shape, or form, for this woman being sexually assaulted in the bathroom.

My first finger of blame would be pointed squarely at the scumbag who attacked her. My second finger of blame would be pointed at her caretaker/guardian (in this case, that appears to be her mother) for not accompanying her to the bathroom.

But some of you want to put NYRA near the top of the list. Nutty...

[Tom]

I don't see an attendant in the bathroom at Penn Station in Manhattan...you think that place is "nice?" :lol:

Let's see...how about Madison Square Garden? I didn't go to the bathroom the last time I was there, so I can't comment...anyone?

I thought that same thing, only for the subway.

[aaron]

List some major public venues that have attendants in the bathrooms.

I don't see an attendant in the bathroom at Penn Station in Manhattan...you think that place is "nice?" :lol:

Let's see...how about Madison Square Garden? I didn't go to the bathroom the last time I was there, so I can't comment...anyone?

Yankee Stadium? I haven't been to the new stadium (and I call myself a fan?) so I can't comment...although I don't recall bathroom attendants in the old stadium, but I could just not be remembering correctly.

If you have an extreme anti-NYRA bias, I can see why one would want to blame NYRA for this heinous attack. It fits your narrative. However, when one looks at the situation with all bias removed, and compares NYRA with other public venues, one comes to the quick and easy conclusion that NYRA is not to blame in any way, shape, or form, for this woman being sexually assaulted in the bathroom.

My first finger of blame would be pointed squarely at the scumbag who attacked her. My second finger of blame would be pointed at her caretaker/guardian (in this case, that appears to be her mother) for not accompanying her to the bathroom.

But some of you want to put NYRA near the top of the list. Nutty...
I don't think the attack is nyra's fault.I have been to Yankee Stadium,but don't remember if the bathroom had an attendent.At Radio City Music Hall,I always remember there being attendants.I also remember attendents on the 3 rd floor in the Clubhouse and Grandstand at Aqueduct and Belmont.There was always an attendent in the men's room at Saratoga. Times have changed and now there aren't attendents at many venues. Not having an attendent does not make the venue responsible. When a person may be at risk,you just have to be careful in the world we live in.We now have to be more security conscious as individuals,not less.

[NY BRED]

I am not anti NYRA, I actually like their racing program, but
I am alarmed by their various procedures in maintaining
their plant and safety procedures which places the
public at risk.

When you operate a facility in which there are numerous attendees,
there are precautionary measures which are expected to protect the
public.
When plaintiff attorneys get involved , and if a major lawsuit follows,
the Insurers for NYRA and/or NYRA will look to quickly settle
this loss, thereby creating additional havoc to their financial
bottom line.

After the press gets involved further decreases in attendance will
undoubtedly follow, more financial havoc .

Using the logic presented on this board, should someone get
shot while standing at the window to place a bet, that customer will
be the cause of the loss since he was carrying cash to bet
horses.

[MadWorld]

I
Using the logic presented on this board, should someone get
shot while standing at the window to place a bet, that customer will
be the cause of the loss since he was carrying cash to bet
horses.

Not sure where you would get that from. To place a wager at a teller window, you are supposed to have cash or a voucher. If you bring someone with the mental capacity of a two year old to public place, you are supposed to watch them at all times.

[tzipi]

Forget who's fault it was or whatever opinion you have. The point is, people think this is who is at the race track when they see the front cover of the NY paper. Rapists...criminals. Shame.

[Greyfox]

So, the track has no responsibility to protect the public, as video
cameras are not permitted?

How about placing an attendant in the bathroom when you are
taking in 6,000,000 a month? That said, why aren't you improving
the track, unless it is ordained you are closing this dump

People on this board have discussed the great times they
had at a tracks, which today have become virtual television
studios. This horror story will have an impact in months to
come, as I have to believe heavy litigation will follow.


And, by a 99-1 shot chance you went to AQU, and YOU or a
family member was abused, robbed or had the shit kicked
would you blink on this scenario ??

:mad:

You've raised some good points here. Food for thought. :ThmbUp:

[jk3521]

Anybody know how this terrible incident was reported in the other N.Y. papers?

[tzipi]

Anybody know how this terrible incident was reported in the other N.Y. papers?

NY Post stopped covering racing and now just has the entries for that days races. Fountaine and some other guys used to write columns in the racing/sports section. I know today a Post news reporter did a small thing on the Aqueduct robbery. Found nothing on the sex attack situation on a NY Post search.

[PaceAdvantage]

You've raised some good points here. Food for thought. :ThmbUp:Somehow these good points have eluded me.

[JustRalph]

These types of facilities are tailor made for this type of crime. You have to understand that these types of criminals are diabolical in their thinking and actions. Does anybody think that he couldn't have just led this person out the door and to his car? Therefore taking her prisoner? He could have maybe.

The impersonal nature of contact in a facility such as a race track is one that provides extraordinary cover for an event like this to occur. The clientele are not connected. Small groups of friends milling apart from each other. No personal knowledge of each other's connections provide cover for sex offenders. Similar to a mall setting (very popular location for this type of crime) or a public park, it's very hard to recognize when an interaction is out of the normal.

For those blaming NYRA, this is a very tough crime to detect, prevent and prosecute. There is satisfaction and credit due for the apprehension of this guy. Does that matter? I think it does.

[NY BRED]

[you bring someone with the mental capacity of a two year old to public place, you are supposed to watch them at all times.[/QUOTE]


And therefore, when the crime occurs, the facility, racetrack, casino,
office building etc is exempt????

There has to be at least one person on this site that is an attorney
or has links to a civil or criminal attorney to offer their advice,
as to liabilities of the building owner when a case of this magnitude occurs..

[OTM Al]

There has to be at least one person on this site that is an attorney
or has links to a civil or criminal attorney to offer their advice,
as to liabilities of the building owner when a case of this magnitude occurs..

NYRA doesn't own the building.

[NY BRED]

I've already consulted an Attorney from a large and prestigious
law firm.
Invasion of privacy issue prevents the installation of video camera(s),
but many of the previous points I raised are correct.

The short story is NYRA is exposed to litigation and adverse
publicity, not a great story for fans or owners racing at NYRA
tracks,

I was at Parx on Sunday, Attendants were in the rest room, I know
Delaware and MTH had attendants in the rest rooms last year.

BTW, I was at Aqu on Monday, Clubhouse was clean. Interestingly,
about ten fans were smoking pot at the far end of the stands,
(close to owners parking lot), possible cure for losing streaks?

I'm done with this topic, hopefully NYRA can maintain the integrity of NY
racing.


.

[PaceAdvantage]

I've already consulted an Attorney from a large and prestigious
law firm.
Invasion of privacy issue prevents the installation of video camera(s),
but many of the previous points I raised are correct.

The short story is NYRA is exposed to litigation and adverse
publicity, not a great story for fans or owners racing at NYRA
tracks,

I was at Parx on Sunday, Attendants were in the rest room, I know
Delaware and MTH had attendants in the rest rooms last year.

BTW, I was at Aqu on Monday, Clubhouse was clean. Interestingly,
about ten fans were smoking pot at the far end of the stands,
(close to owners parking lot), possible cure for losing streaks?

I'm done with this topic, hopefully NYRA can maintain the integrity of NY
racing.


.Hopefully. I know it's part of my prayer litany each night.

[Greyfox]

Somehow these good points have eluded me.

I'm not surprised.
But after an incident of that nature it would be foolish for Aqueduct to just go on as if nothing happened and maintain the status quo.
Some changes will have to be made.

[PaceAdvantage]

I'm not surprised.
But after an incident of that nature it would be foolish for Aqueduct to just go on as if nothing happened and maintain the status quo.
Some changes will have to be made.I never stated nor implied that they should maintain status quo...at least i don't think I did

[Greyfox]

I never stated nor implied that they should maintain status quo...at least i don't think I did

Anyone reading your comment "one comes to the quick and easy conclusion that NYRA is not to blame in any way, shape, or form,"
might reasonably assume that no changes would be necessary.
In effect, if the NYRA was not negligent in any way, why should they change?

Of course some changes will be made.
Their risk management advisers will make sure of that.

[speed]

List some major public venues that have attendants in the bathrooms.I don't see an attendant in the bathroom at Penn Station in Manhattan...you think that place is "nice?" :lol:
Yet you walk into a strip club and there he is. Go figure.

[Grits]

Of course some changes will be made.
Their risk management advisers will make sure of that.

Again. As so many have noted there are venues of every kind all over the country that do not have bathroom attendants. This child's mother has lawyered up, no doubt and NYRA will take a big hit because of it. She was obviously schooled prior to being interviewed by the Daily Rag last Wednesday. Read the article.

The fault, in this incident rests on the shoulders of this mother. SHE WAS NEGLIGENT. ... She acted in such a manner, when she left her daughter, alone, unprotected.

My son is small at 105 lbs. To this very day, I stand outside the men's room if we are in a mall, at a rest area, in any large public space where someone may lurk. I cannot tell you, gentlemen, how many times I've opened the door and called his name, asking, "are you ok?" Just for his safety.

If he's taking too long, or he doesn't answer me? On many occasion, I've pushed on the door, called out, "excuse me", and walked right in the men's room. I could care less, I can never be too protective. Not a single man, not one, has ever spoken unkindly to me. They may have thought it, but they've never said it. They've understood.

A mother does not ever leave her child or adult with developmental disabilities ALONE in a public place. A mother doesn't leave ANY child alone in a public place. This isn't NYRA's fault.

[Greyfox]

Grits.
Of course the assailant is responsible for the vast majority of the blame, and the mother may have been negligent as well.
However, a Judge might also conclude that some responsibility falls on the track's security precautions. Time will tell.

[Grits]

Grey, the fault, being upon the assailant, indeed, goes without mention. I just cannot believe what this mother did.

[Greyfox]

Grey, the fault, being upon the assailant, indeed, goes without mention. I just cannot believe what this mother did.

The article doesn't really say what the mother did or didn't do, or if the father was present. Or whether the mother was in a wheel chair or mobile. Or whether or not a care attendant for the 40 year old woman was on the premises. Or how the woman managed to be left on her own.
There is just too much missing information at this time to conclude that the mother was negligent.
I agree with you though that there is nothing wrong in being hypervigilant when caring for a developmentally challenged adult.

[Grits]

The article doesn't really say what the mother did or didn't do, or if the father was present. Or whether the mother was in a wheel chair or mobile. Or whether or not a care attendant for the 40 year old woman was on the premises. Or how the woman managed to be left on her own.
There is just too much missing information at this time to conclude that the mother was negligent.
I agree with you though that there is nothing wrong in being hypervigilant when caring for a developmentally challenged adult.

Not anything in this article indicates to me that the mother is wheelchair bound. Too, in the photo she is seated at a dining table. Also, not anything leads me to believe that a caregiver accompanied she and her daughter to the racetrack. There is no mention anywhere of a caregiver. There is only mention of the mother speaking to the NYRA guards and their joined search for her daughter.

“I’m going to bet one,” the mom said she told her daughter, and she turned away briefly to place her bet. When she turned back, her daughter was gone.

“If something happened to her I’d die,” she said.

Something did happen to your daughter, lady... and it wouldn't have had you not left her.

Read more: http://www.nydailynews.com/news/crime/mom-reveals-details-day-disabled-daughter-sexually-assaulted-racetrack-article-1.1619373#ixzz2uSDjZ87B

[Greyfox]

Something did happen to your daughter, lady... and it wouldn't have had you not left her.




Read more: http://www.nydailynews.com/news/crime/mom-reveals-details-day-disabled-daughter-sexually-assaulted-racetrack-article-1.1619373#ixzz2uSDjZ87B






That isn't the article I read.
If the mother was the sole care giver in this situation, you are probably right.
She bears some responsibility.
I'd still want to know more about the circumstances before concluding definitively that she was negligent.

[Saratoga_Mike]

I was at Parx on Sunday, Attendants were in the rest room, I know
Delaware and MTH had attendants in the rest rooms last year.

BTW, I was at Aqu on Monday, Clubhouse was clean. Interestingly,
about ten fans were smoking pot at the far end of the stands,
(close to owners parking lot), possible cure for losing streaks?

I'm done with this topic, hopefully NYRA can maintain the integrity of NY
racing.


.

Delaware has attendants? On the racing side? I've been there probably 40 times in the past 10 yrs (including three or four times in 2013), and I've never seen an attendant. You sure you didn't mistake the guy cleaning the bathroom for an attendant (they send someone in fairly regularly to clean up)? Or perhaps you mean the women's restroom (I can't speak to that)? I don't attend Parx as often, but I've never seen an attendant there either.

[NY BRED]

Sar Mike:
You may be right these were porters at DEL/Parx, next time I
visit each track I'll attempt to get this topic answered by
management or the fans.

[Saratoga_Mike]

Sar Mike:
You may be right these were porters at DEL/Parx, next time I
visit each track I'll attempt to get this topic answered by
management or the fans.

It's simple - if there's someone sitting in the restroom all the time (like at Saratoga), it's an attendant. Is that hard to figure out? I've never seen that at Delaware or PRX (in the men's rooms on the track side - I have no idea about the casinos).

[davew]

Again. As so many have noted there are venues of every kind all over the country that do not have bathroom attendants. This child's mother has lawyered up, no doubt and NYRA will take a big hit because of it. She was obviously schooled prior to being interviewed by the Daily Rag last Wednesday. Read the article.

The fault, in this incident rests on the shoulders of this mother. SHE WAS NEGLIGENT. ... She acted in such a manner, when she left her daughter, alone, unprotected.

My son is small at 105 lbs. To this very day, I stand outside the men's room if we are in a mall, at a rest area, in any large public space where someone may lurk. I cannot tell you, gentlemen, how many times I've opened the door and called his name, asking, "are you ok?" Just for his safety.

If he's taking too long, or he doesn't answer me? On many occasion, I've pushed on the door, called out, "excuse me", and walked right in the men's room. I could care less, I can never be too protective. Not a single man, not one, has ever spoken unkindly to me. They may have thought it, but they've never said it. They've understood.

A mother does not ever leave her child or adult with developmental disabilities ALONE in a public place. A mother doesn't leave ANY child alone in a public place. This isn't NYRA's fault.

After reading the article and determining the daughter was 40 years old, I am not sure if much blame should be placed on her mother, who is possibly getting old enough to need help getting around herself.

[Irish Boy]

I am not a lawyer (oh wait...), but it's tough to make out a case for landowner's liability against NYRA, at least under most states' laws. NY law is often an outlier though. Still, I'm skeptical.

[Grits]

After reading the article and determining the daughter was 40 years old, I am not sure if much blame should be placed on her mother, who is possibly getting old enough to need help getting around herself.

I'm sorry, we don't agree. I'm not cutting her one bit of slack. If this mother has the ability to get around Ozone Park, Queens, I don't care if its by way of mass transit or driving her automobile, she should NOT have turned her back on her daughter, leaving her alone, while she made a bet! My own mother is 83 years old. She drives anywhere, and does whatever she wants when she wants.

The state of New York, by the way, is one of the most generous with their funding for payments to those with developmental disabilities who are cared for by their family members (legal guardians.) When a family member is the "caregiver" for the individual (at home) that caregiver is being paid handsomely by the state of NY. The myriad of medicaid waivers can far exceed that which is normally paid under medicaid eligibility. The sum of monies and benefits can add up to as much or more than 6K per month--salary, housing, transportation, respite care, food, etc. Grants are available as well. All of this, along with the Federal Government Supplemental Security Income check is put in the "representative payee's" bank account by direct deposit on the 1st of each month.

I wish I had a 100 bucks for every parent I've learned of over the years who is living off of their children with disabilities. This may not be the case for this woman, but its highly probable. And of course, add in the mother's own social security and medicare.

So many parents do this its sickening. And their children's quality of life is not a bit better for it.

[PaceAdvantage]

After reading the article and determining the daughter was 40 years old, I am not sure if much blame should be placed on her mother, who is possibly getting old enough to need help getting around herself.One of these articles told us the daughter has the mental capacity of a two year old. That's what it stated...in black and white.

Thus, whether or not her body is 40 years old, her mind is of a two year old, according to the article.

Would you let your two year old alone to go to a public bathroom by themselves? Of course you wouldn't.

But apparently, that's what happened in this case.

[Tara73]

One of these articles told us the daughter has the mental capacity of a two year old. That's what it stated...in black and white.

Thus, whether or not her body is 40 years old, her mind is of a two year old, according to the article.

Would you let your two year old alone to go to a public bathroom by themselves? Of course you wouldn't.

But apparently, that's what happened in this case.

Thanks for posting this for us.

[Saratoga_Mike]

I am not a lawyer (oh wait...), but it's tough to make out a case for landowner's liability against NYRA, at least under most states' laws. NY law is often an outlier though. Still, I'm skeptical.

If there's a pattern of sexual assaults in AQU women's restrooms, there's probably a good case. I don't believe any such pattern exists.