It has been a few months since we’ve heard anything about the lawsuits pending against ex-Elmo puppeteer Kevin Clash but that doesn’t mean the wheels haven’t been turning.
His lawyer Michael Berger filed a brief in the New York Federal Court on Friday claiming statute of limitations should be applicable in all three cases. He states:
“There are two applicable types of statutes of limitations, a six-year one based on when the right of action has accrued, and a three-year one based on when the alleged victim turned eighteen and was therefore no longer under the disability of being a minor.”
With that in mind, he went on to say that all three men – Cecil Singleton who said he first came in contact with Clash in 2003, “John Doe” who said his relationship began in 2000 and S.M., who said his affair with Clash happened in the mid-90s -would have had to file their lawsuits in 2009, 2006 and 2001, respectively to fit in the first option of the statute or in 2009, 2003 and 2001, respectively, to fit into the second statute.
It should be noted, and was pointed out by attorney Jeff Herman who represents all three men he spoke to E! Online, that there is no denial on Clash’s part of sexual misconduct:
“It should be noted his motion does not say the abuse did not happen, just that it is too late to file the complaints. The law we are proceeding under recognizes the rights of victims to bring their lawsuits within six years from the time they connect their injuries to the abuse. We are hopeful the Court will see it our way, however, by being able to bring their claims forth publicly the victims are already further along in the healing process.”
That is, indeed, interesting as is the fact that none of the alleged victims are seeking that criminal charges be brought up against Clash. These are all civil suits seeking financial damages.
If this goes to trial, it will be interesting to see how it plays out.