Jury Awards $3M to West Bloomfield Couple Wrongly Accused of Sexually Abusing Autistic Daughter

A West Bloomfield couple was awarded $3 million in damages Thursday after a federal jury said they were wrongly accused of sexually assaulting their disabled, non-verbal daughter who used a controversial method of communication to level the charges.

“Tali” Thal and Julian Wendrow were awarded $1 million in damages for defamatory remarks made by former prosecutor David Gorcya, and $2 million against former chief assistant prosecutor Deborah Carley, who removed another minor Wendrow child from his classroom and questioned him without his guardian or attorney being present, The Oakland Press reports.

Former assistant prosecutor Andrea Dean was also a defendant, but the jury did not require her to pay damages.

The Wendrows were arrested in December 2007 after their severely autistic daughter, Aislinn, then 14, accused her father of repeatedly “banging” her and said that her mother didn’t intervene. The accusations were made using a method known as “facilitated communication,” in which a Walled Lake Schools aide guided her hands across the keyboard.

The family was separated for three months before the charges were eventually dropped. Julian spent 80 days in jail, his wife was required to wear an electronic monitoring device, and the children were placed in institutional foster care.

The Wendrows and attorney, Deborah Gordon, called the jury’s verdict after a month-long trial a vindication.

“We’re very pleased,” Gordon said. “We feel the family has been vindicated by the jury, who represents the community.”

The defendants testified during the month-long trial in U.S. District Court that they believe the girl’s allegations. They also defended the accuracy of facilitated communication, though the American Psychological Association and other experts have discredited it. In court, Aislinn was unable to answer simple questions, such as her gender, using the method.

Defense attorney Steve Potter said his clients are guilty only of believing Aislinn.

“That’s their crime,” he said. “They believed the victim.”

Gorcyca, who was sued for remarks made after he left the prosecutor’s office, said he still believes “something untoward happened in that house.”

The family received $3.75 million in out-of-court settlements with other defendants previously named in the lawsuit. The West Bloomfield Police Department paid $1.8 million, the Walled Lake Consolidated School District paid $1.1 million and the Michigan Department of Human Services paid $850,000.

______

Photo via Shutterstock