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Vindication

Wendrow family wins their case
against Oakland prosecutors.

Ronelle Grier
Contributing Writer

T

—Elaine Frazis, Fox Run resident,
pictured with daughters Debi and Karen

For affordable retirement living, no place compares to
Fox Run in Novi. Practically all of your expenses, including
property taxes and utilities, are covered by a single monthly
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16

November 13 • 2014

JN

he seven-year ordeal of Tali and
Julian Wendrow concluded last
week with a $3 million jury
verdict against former Oakland County
prosecutors who falsely accused the
Wendrows of sexually abusing their autis-
tic and non-verbal daughter in 2007.
The verdict included $1 million for
defamatory remarks made by former
prosecutor David Gorcyca and $2 million
against former chief assistant prosecu-
tor Deborah Carley for violating the
civil rights of Ian Wendrow, then 13, by
removing him from his classroom and
questioning him without the presence of
a guardian or attorney. Former assistant
prosecutor Andrea Dean also was named
as a defendant, but no damages were
awarded for her actions.
The Wendrows' attorney Deborah
Gordon said she was pleased with the
verdict and with the public vindication
for the family. Throughout the trial, she
passionately described the actions of the
prosecutors as "reckless" and "malicious"
"We've had our day in court and
the Wendrows have been vindicated,"
Gordon said.
The verdict was the result of a month-
long trial in the Ann Arbor courtroom
of Federal Judge John Corbett O'Meara,
where eight jurors heard testimony from
numerous witnesses that included former
prosecutors and police officers, expert
witnesses, school personnel and members
of the Wendrow family.
Tali and Julian were wrongfully arrested
and imprisoned in 2007 after their daugh-
ter, Aislinn, then 14, supposedly made
accusations of sexual abuse using a widely
debunked technique known as facilitated
communication (FC). Before the charges
were dropped in March 2008, the family
was separated for three months: Julian
spent 80 days in jail, Tali was initially
sentenced to jail and then released on
an electronic tether, and Aislinn and her
brother, Ian, then 13, were placed in sepa-
rate foster care institutions.
The prosecution's case began to dis-
integrate after a demonstration in 48th
District Court where Aislinn was unable
to answer simple questions, such as
whether she was a boy or a girl, when the
facilitator was out of earshot.
Defense attorney Steve Potter argued
the prosecutors believed FC was a valid
means of communication and that

Tali and Julian Wendrow

Aislinn's allegations were true. While the
defendants and their lawyer maintained
this position during the trial, none could
offer any research supporting the validity
of FC or evidence that the alleged abuse
had occurred.
One of the witnesses in the case was
Rabbi Levi Shemtov of Friendship Circle
of Michigan, with whom Aislinn stayed
when the charges were first brought
against Tali and Julian. Shemtov and his
wife, Bassie, were questioned by police
after Aislinn supposedly "typed" state-
ments about an alleged 3 a.m. visit from
her parents and many of Juliaris relatives
from South Africa. When he took the
stand, Shemtov expressed his dismay that
the prosecutors continued to pursue a
case based on such unfounded charges.
"There are few things more inspiration-
al than the dedication that a parent has to
a child with special needs:' Shemtov said.
"The Wendrows' dedication to Aislinn
was exemplary. We watched as this dedi-
cation and advocacy tragically turned on
them in a most shocking way."
The Wendrows had previously filed
lawsuits against the West Bloomfield
Police Department, the Walled Lake
Consolidated School District and the
Michigan Department of Human Services
(DHS). Those three suits were settled out
of court for $1.8 million, $1.1 million and
$850,000, respectively.
Tali Wendrow said they intend to use
the money to ensure a safe and secure
future for Aislinn, whom she referred
to as a "forever child" during the trial;
requiring constant supervision and assis-
tance with daily living activities such as
bathing, dressing and eating. The family
also plans to seek counseling to help them
cope with the wake of lingering anger,
anxiety and depression left by the ordeal.
"Without vindication, it was impossible
for us to move forward:' Tali said. "Now
we're figuring out how to do that:'
At press time, Gorcyca and Potter had
not returned calls and emails requesting
their comments.

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