CIVIL MOLESTATION CASE MOVES AHEAD AGAINST EX-COUNCILMAN.Byline: Karen Maeshiro Staff Writer PALMDALE - Former City Councilman Kevin Carney's bankruptcy filing will not delay trial in a lawsuit accusing him of molesting a teen-age family friend, a judge ruled Thursday. If the girl prevails in civil court, the case will return to the bankruptcy court bankruptcy court n. the specialized Federal court in which bankruptcy matters under the Federal Bankruptcy Act are conducted. There are several bankruptcy courts in each state, and each one's territory covers several counties. for a judge to decide what money she can and cannot collect on. ``It will let the case be tried in the state court until a judgment is entered. If there is a judgment against Mr. Carney, then it goes back to bankruptcy court to make a determination as to what is or is not dischargeable,'' said Carney's attorney, David Pillemer. Proceedings in the civil case were temporarily halted after Carney, a retired sheriff's sergeant, filed for bankruptcy last December. Late in 2000, Carney was acquitted of criminal molestation molestation n. the crime of sexual acts with children up to the age of 18, including touching of private parts, exposure of genitalia, taking of pornographic pictures, rape, inducement of sexual acts with the molester or with other children, and variations of these charges. His attorney said Carney incurred tremendous debts bailing himself out of jail and defending himself. A bankruptcy court judge in Woodland Hills granted a request Thursday by attorneys for the girl and her mother to lift the stay in proceedings and to allow for the prosecution of the civil case, Pillemer said. The girl's attorney, Daniel Johnson Daniel Johnson is the name of:
``We have filed a request with the bankruptcy court to be relieved from the stay because punitive damages Monetary compensation awarded to an injured party that goes beyond that which is necessary to compensate the individual for losses and that is intended to punish the wrongdoer. are generally not dischargeable in bankruptcy,'' Johnson said. Carney was acquitted Nov. 2, 2000, by a Los Angeles Los Angeles (lôs ăn`jələs, lŏs, ăn`jəlēz'), city (1990 pop. 3,485,398), seat of Los Angeles co., S Calif.; inc. 1850. Superior Court jury of four criminal charges of child molestation Child molestation is a crime involving a range of indecent or sexual activities between an adult and a child, usually under the age of 14. In psychiatric terms, these acts are sometimes known as pedophilia. pertaining to two girls. The panel deadlocked 11-1 in favor of finding him not guilty on 12 charges involving two other girls, including the teen-ager who is suing him. A month later, a judge dismissed the remaining charges after prosecutors said they did not believe a second trial would result in a conviction. A former Antelope Valley Union High School District The Antelope Valley Union High School District (A.V.U.H.S.D.) is located in the Antelope Valley area of California, in northern Los Angeles County. The district includes eight public high schools, one trade school, and two continuation high schools in the cities of Palmdale trustee, Carney worked for the Sheriff's Department for 23 years before his arrest in November 1999. The election that put him onto the Palmdale City Council came four days after his arrest. Two months after his arrest, he resigned his council seat. He also retired from the Sheriff's Department. Carney was sued by the girl before the criminal trial concluded. In a counterclaim A claim by a defendant opposing the claim of the plaintiff and seeking some relief from the plaintiff for the defendant. A counterclaim contains assertions that the defendant could have made by starting a lawsuit if the plaintiff had not already begun the action. filed in March 2001 as a part of that lawsuit, Carney asked for unspecified damages from a physician and a nurse-practitioner who testified against him in the criminal trial. CAPTION(S): photo Photo: (color) CARNEY |
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