THREE Former Players File Lawsuit against Riverside Church for Failing to Protect Them from Alleged Sexual Predator Ernest Lorch
By Michael O'Keeffe
Ernest Lorch may be dead, but the legal battles sparked by allegations that he sexually abused his players live on. Riverside Church officials knew or should have known that the founder of its prestigious basketball program was a sexual predator who abused children, a lawsuit filed on Thursday in Manhattan federal court claims. The suit, filed by three former players who say Lorch assaulted them on the church’s Morningside Heights campus and during team trips, alleges that church officials failed to properly supervise the Riverside Hawks founder, who died in May. Lorch’s estate is also named as a defendant in the case. The suit, filed by Byron Walker, Michael McDuffen and Sean McCray, says Riverside officials violated Title IX, the 1972 federal law best known for enforcing equality for women in collegiate sports. Title IX prohibits education programs that receive federal aid from engaging in sexual abuse and harassment. The suit, which also claims Lorch and the church violated the men’s civil rights, seeks unspecified damages. The abuse took place in the late 1970s and early 1980s, leaving Walker, McDuffen and McCray with “severe physical, psychological and emotional injuries,” the suit says. The lawsuit identifies Walker as the man who told authorities in Massachusetts that Lorch had abused him; Lorch was indicted on a sexual abuse charge as a result of Walker’s testimony before a Massachusetts grand jury. Lorch was later deemed not competent to be extradited to Massachusetts. New York law requires survivors of childhood sexual abuse to file a case by the time they are 23. But the plaintiffs’ attorney, Lawrence Luttrell, argues in the suit that the statute of limitations should not prevent the case from proceeding because Riverside officials failed to investigate fraud allegations or report them to the authorities. The lawsuit echoes legal strategies presented by attorney Kevin Mulhearn, who represents 12 men who claim that Poly Prep Country Day School covered up years of abuse by longtime football coach Phil Foglietta. Poly Prep’s lawyers argued that the case should have been dismissed because it was filed long after the statute of limitations had expired. But U.S. District Court Judge Frederic Block ruled in August that portions of suit could proceed because Poly Prep administrators may have lied when they said they did not become aware of the abuse allegations until 1991, blocking timely action by the plaintiffs. The Northwestern (Mass.) District Attorney’s office officially closed its prosecution of Lorch in August, Luttrell says in the court papers, which gives the plaintiffs until late summer 2013 to take action. A spokesman for Riverside Church said he had not seen the lawsuit and declined comment. Lorch’s longtime attorney, Frederick Cohn, did not return a call for comment. The lawsuit is just the latest legal battle waged against Lorch, once the most powerful man in New York City basketball. Dozens of his players — including Mark Jackson, Chris Mullin and Ron Artest — became NBA stars. Lorch helped launch the Riverside Church Hawks in 1961 as an outreach program for underprivileged kids. But Lorch had also been hounded by sex abuse allegations for at least a decade. In 2002, the Daily News first reported that he was at the center of a sex-abuse investigation launched by the Manhattan District Attorney's office. New York prosecutors could not charge Lorch, in part because of statute of limitations issues. BY MICHAEL O’KEEFFE NEW YORK DAILY NEWS ERNEST LORCH may be dead, but the legal battles sparked by allegations that he sexually abused his players live on. Riverside Church officials knew or should have known that the founder of its prestigious basketball program was a sexual predator who abused children, a lawsuit filed on Thursday in Manhattan federal court claims. The suit, filed by three former players who say Lorch assaulted them on the church’s Morningside Heights campus and during team trips, alleges that church officials failed to properly supervise the Riverside Hawks founder, who died in May. Lorch’s estate is also named as a defendant in the case. The suit, filed by Byron Walker, Michael McDuffen and Sean McCray, says Riverside officials violated Title IX, the 1972 federal law best known for enforcing equality for women in collegiate sports. Title IX prohibits education programs that receive federal aid from engaging in sexual abuse and harassment. The suit, which also claims Lorch and the church violated the men’s civil rights, seeks unspecified damages. The abuse took place in the late 1970s and early 1980s, leaving Walker, McDuffen and McCray with “severe physical, psychological and emotional injuries,” the suit says. The lawsuit identifies Walker as the man who told authorities in Massachusetts that Lorch had abused him; Lorch was indicted on a sexual abuse charge as a result of Walker’s testimony before a Massachusetts grand jury. Lorch was later deemed not competent to be extradited to Massachusetts. New York law requires survivors of childhood sexual abuse to file a case by the time they are 23. But the plaintiffs’ attorney, Lawrence Luttrell, argues in the suit that the statute of limitations should not prevent the case from proceeding because Riverside officials failed to investigate fraud allegations or report them to the authorities. The lawsuit echoes legal strategies presented by attorney Kevin Mulhearn, who represents 12 men who claim that Poly Prep Country Day School covered up years of abuse by longtime football coach Phil Foglietta. Poly Prep’s lawyers argued that the case should have been dismissed because it was filed long after the statute of limitations had expired. But U.S. District Court Judge Frederic Block ruled in August that portions of the suit could proceed because Poly Prep administrators may have lied when they said they did not become aware of the abuse allegations until 1991, blocking timely action by the plaintiffs. The Northwestern (Mass.) District Attorney’s office officially closed its prosecution of Lorch in August, Luttrell says in the court papers, which gives the plaintiffs until late summer 2013 to take action. A spokesman for Riverside Church said he had not seen the lawsuit and declined comment. Lorch’s longtime attorney, Frederick Cohn, did not return a call for comment. The lawsuit is just the latest legal battle waged against Lorch, once the most powerful man in New York City basketball. Dozens of his players — including Mark Jackson, Chris Mullin and Ron Artest — became NBA stars. Lorch helped launch the Riverside Church Hawks in 1961 as an outreach program for underprivileged kids. But Lorch had also been hounded by sex abuse allegations for at least a decade. In 2002, the Daily News first reported that he was at the center of a sex-abuse investigation launched by the Manhattan District Attorney's office. New York prosecutors could not charge Lorch, in part because of statute of limitations issues.
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