Children recant claims of sexual touching

Emily Richmond and Mary Manning

Wednesday, Jan. 7, 2004 | 11:06 a.m.

Most of the children who had accused a photographer of improperly touching them at a Henderson elementary school have recanted their allegations, so the photographer will not be charged, authorities said Tuesday.

"There was insufficient evidence to file charges," Clark County District Attorney David Roger said.

Two photographers from America's School Portraits were at Cox Elementary School in October for a fund-raising sitting in the music room with several teachers and parents present as volunteers. Following the photo shoot, a girl told her mother that one of the photographers had touched her inappropriately while positioning her hands in a pose, police said.

During the initial investigation 10 other students also said they had been inappropriately touched. But most of the children recanted their stories in later interviews with detectives, Roger said. He said Tuesday he did not know exactly how many of the children recanted.

It was a sufficient number, however, that "based upon that we felt there was not sufficient evidence to proceed," Roger said.

Roger said investigators determined that the first girl to make the allegations apparently came out of the photo session and told others waiting in line what had allegedly happened to her and the subsequent allegations apparently sprang from those initial conversations.

The first girl to report allegations of improper touching, a fifth-grader, has not recanted, Roger said.

That girl's mother, Florence Clinton, said, "My daughter's story has not changed from the beginning. I know my children and I know when they lie and when they don't lie."

She said her daughter missed more than two weeks of school before transferring to another one where she is doing well.

"I don't understand," Clinton said after learning of Roger's decision. "Basically, they're saying all these girls are lying. They're calling all these girls liars."

DeWitt Clinton, the father who is separated from the mother, said he was considering legal action.

"You're damn right I'm going to seek some civil action," DeWitt Clinton said. "I am absolutely livid. I'm appalled at the way this was handled from the beginning."

Clinton said he blamed the school board, the school police and local police for the way the accusations had been handled.

His daughter was not offered counseling by the school and the transfer to a new school was bumpy for their daughter, Clinton said.

The Clintons said they have hired an attorney, Charles C. LoBello of Las Vegas.

LoBello said Tuesday night that he had not yet talked with the Clintons.

"At this point in time, without having seen what the police have reported, I'm not sure what else the Clintons can do to take action against the police and the schools," LoBello said.

The attorney said that other children could have changed their stories or some parents may be unwilling to face a legal ordeal.

"I'm not sure what evidence they have," LoBello said. "It shocks me to no end to have these kinds of allegations."

LoBello said he would consult with the Clintons and examine the official records from the investigation.

"It would be a hell of a lot easier if David Roger would prosecute criminally, but he makes that decision, not me," LoBello said.