July 2, 2013

Vindication: Elmo’s Kevin Clash Prevails In Court

Kevin Clash & Elmo

Kevin Clash, the longtime voice of the “Sesame Street” puppet Elmo, prevailed in court against three lawsuits that accused him of engaging in sex with minors.

Clash made headlines last November and ultimately had to resign from Sesame Workshop once multiple accusers came forward with sexual allegations.

On Monday, a New York judge dismissed the claims because the statue of limitations passed.

The lawsuits being filed too late was a victory for the 52-year-old puppeteer, who never acknowledged any wrongdoing.

Among his accusers was an anonymous John Doe who claimed that Clash paid to fly him from Miami to New York to be sexually abused in the mid-’90s; Cecil Singleton, who says he met Clash on a gay telephone chat line in 2003; and Kevin Kiadii, who says his affair with Clash happened in 2004.

Kevin Clash & Elmo

Clash’s attorneys moved to have the lawsuits dismissed as outside the statute of limitations under 18 U.S.C. § 2255(b), which provides that a lawsuit has to be filed within six years of the event or three years after a plaintiff turns 21.

Attorneys for the accusers argued that a rule be applied which allows for actions to come until the plaintiff has “discovered” his cause of action.

But U.S. District Judge John Koeltl focused on Congress’ intent when making the sex-with-a-minor law.

“Congress provided an exception to the six year prohibition for plaintiffs under a legal disability and provided that such minors would have an additional three years to bring a claim after they turned eighteen,” wrote the judge. “This exception, combined with Congress’s failure to adopt a discovery rule in the face of statutes with explicit discovery rules and state sexual abuse statutes providing for application of a discovery rule, indicate that Congress did not provide for a discovery rule under Section 2255, and none should be implied.”

Kevin Clash & Elmo

As a result, the claims made by the accusers are time-barred, and the judge has ordered the clerk to enter judgment and close all pending motions.

The ruling could be appealed, but at the moment, Clash is free from those claims.

At the Daytime Emmy Awards two weeks ago, Clash won three Emmy Awards for his work on Sesame Street.


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