‘Predator’ fight

Verdict doesn’t stop foster kids’ lawsuit

A LONG ISLAND jury may have decided that an accused serial molester of foster children could walk free Tuesday — but the legal fight for the kids isn’t over.

Despite the stunning acquittal, that fight is just starting to gain steam, says a lawyer for the boys who once lived with Cesar Mugaburu-Gonzales.

While Suffolk County prosecutors prepared their case against Mugaburu-Gonzales (photo inset) — charged in March 2016 with running a house of horrors — two boys sued the placement agency that sent them and almost 70 other boys to the home over the years.

In all, 140 children were sent to live with Mugaburu-Gonzales.

Their pending civil cases alleges that SCO Family of Services “turned a blind eye to complaints and red flags about” Mugaburu-Gonzales while the plaintiffs — now ages 14 and 23 — and others were abused. One suit even says two workers gave Mugaburu-Gonzales a heads-up before visits.

Mugaburu-Gonzales’ acquittal Tuesday on 17 counts “doesn't do anything to our case, but energizes us to pursue it,” said Richard Emery, the boys’ lawyer.

Emery said since the acquittal, he’s gotten several calls from outraged people who are sharing information with him about Mugaburu-Gonzales, 60, and the placement agency. More boys could be suing, too, he added.

Emery said he was “more invigorated than ever to pursue SCO, because they enabled this predator.” The lawsuits say complaints against Mugaburu-Gonzales started as early as 1998. In 2001, Suffolk County’s Department of Social Services refused to use him as a foster parent, notifying the agency of its decision. “SCO continued sending boys into his home, deliberately ignoring what was readily apparent to another foster care agency: the home of Mugaburu was no safe place for children,” according to court papers, which also blasted SCO for “gross negligence.” Emery said the two civil cases were against a different party and had to be proved by a different, lower standard of evidence. Marci Hamilton, an expert on child sex abuse and the law, said the verdict’s effect was neutral when it came to the civil litigation.

“With this many victims, with similar stories, I do not think this acquittal will make a significant difference,” she said.

In court papers, the placement agency said the plaintiffs’ own abuse claims were too thin on facts. So were the “conclusory” claims that workers had tipped off Mugaburu-Gonzales.

Furthermore, for one alleged victim known as J.M., now 23, the agency has argued he missed out on the statute of limitations.

The News led the fight last year to pass the Child Victims Act, which would eliminate the current law requiring child sex abuse victims to seek criminal charges or civil penalties by age 23.

In a statement, SCO said the recent trial “confirmed that nobody at SCO was ever made aware of any claims of sexual abuse.”