How Could You? Hall of Shame-Waking Bailey UPDATED

This will be an archive of heinous actions by those involved in child welfare, foster care and adoption. We forewarn you that these are deeply disturbing stories that may involve sex abuse, murder, kidnapping and other horrendous actions.

From Los Gatos, California,  EMQ FamiliesFirst group home for wards of the state employee Waking Bailey,33, was charged with “three counts of a lewd act on a child and one count of rape  of an incapable person” in June 2012, according to NBC Bay Area.

NBC says “Bailey was first accused in 2009 by a  12-year old girl who told police that Bailey sexually  assaulted her between 2007 and 2010…According to court documents, Bailey entered her room and ordered her to perform oral sex on him. An investigation did not turn up enough evidence.

Then, in 2011 another girl came forward. A 9-year-old living in the same group home told police that on several occasions, Bailey entered her room, performed oral sex on her and touched her body. Both girls also accuse Bailey of forcing them to watch pornography on his cell phone.

While Bailey worked at EMQ in Los Gatos, he was also employed as a teachers aide at AchieveKids, a San Jose facility which serves people with mental disabilities. An 18-year old woman with the mental capacity of a kindergartener told police that Bailey took her on an outing with his family. After dropping off his family, she says, Bailey raped her in the back seat of his car.

Michael Garrett of AchieveKids said that Bailey was put on six-months leave pending the outcome of an investigation, then fired. Garrett told NBC Bay Area that Bailey had passed all required background checks and fingerprinting.”

ABC says “”You have multiple victims that do not know one another that corroborates significantly the one victim,” said Steve Clark, a legal analyst.

Prosecutors say one of the children at EMQ was molested over a three-year period and Bailey would show her pornographic video on his cellphone as a way to demonstrate what he wanted.

“With one of his victims, the youngest victim, who was between the ages of 6 and 9 at the time that he exhibited pornographic videos that he had taken himself on his cellphone to her,” said McKeown.

Bailey’s family says he adores his own children, a 7-year-old daughter and 13-year-old son, and are adamant he is not capable of child molestation.

“He’s a good daddy. He would never mess with no kids. He would never mess with no kids,” said Denise Johns, Bailey’s relative.””

Now a civil lawsuit has been filed by the girl who was allegedly assaulted starting in 2007. KTVU says “Her attorney Robert Allard said one week before his client was allegedly sexually assaulted; Bailey took her to a San Jose mall where he allegedly had an explicit and inappropriate conversation with her.

Allard read a transcript of the alleged dialogue between Bailey and the alleged victim: “You’re going to be expected to do things as a woman. Let’s talk about how you go about doing those things properly,'” Bailey said. “‘Sexual things?'” said the victim. “Sexual things,” Bailey said.

The girl’s mother wrote an email to EMQ on May 13, 2009, saying, “I have a growing concern about a staff member and the relationship shared between he and my daughter. She has shared some rather disturbing things with me over the weekend and they need to be addressed.”

Allard said the school ignored them.

One week later, the girl said she was sexually abused.

The following week, Allard said she was branded a trouble maker and kicked off campus. ”

 

Sources:

Lawsuit alleges group home failed to protect girl from sex abuse by staffer

[KTVU 9/24/12]

Accused Child Predator Appears in Court

[NBC Bay Area 6/19/12 by Kris Sanchez]

SJ man appears in court to face molestation charges

[ABC KGO 6/20/12]

REFORM Puzzle Piece

 

Update: “A man charged with sexually molesting two young girls at a care facility in Los Gatos, as well as an 18-year-old woman with the mental age of a kindergartner, faces a trial date in early spring of 2014, according to county prosecutors.

Waking Adrian Bailey, 34, was arrested June 14, 2012 by Los Gatos/Monte Sereno police and has been charged with 21 counts of sexual crimes against children and the disabled that range from oral copulation, or sexual penetration with a child under the age of 10 or younger to one count of rape of an incapable person—all felonies.

Bailey, in custody at the Santa Clara County Jail on a no-bail warrant, appeared briefly Thursday afternoon in Department 24 of the San Jose Hall of Justice to have Santa Clara County Superior Court Judge Risë Jones Pichon hear the case.

“The purpose for the hearing was to set a trial date,” Santa Clara County Deputy District Attorney Murat Ozgur said.

Bailey’s defense attorney, Jamie N. Harris, however, was not present as she’s in trial.

Bailey is charged with a total of 21 counts of various felonious sexual crimes:

• 2 counts of oral copulation, or sexual penetration with a child 10 years of age or younger
• 9 counts of lewd acts with a child under the age of 14
• 1 count of lewd act with a child under the age of 14 by force, violence, menace or fear
• 1 count of rape of a victim incapable of giving consent
• 4 counts of aggravated sexual assault of a child under the age of 14
• 2 counts of sodomy with a child under the age of 14
• 2 counts of oral copulation with a child under the age of 14

If convicted, he faces multiple life sentences in prison, Ozgur said.

Law enforcement were concerned last year that there could have been more victims.

Bailey had worked with vulnerable children for years, according to prosecutors.

The two young victims lived in the Los Gatos facility, said Santa Clara County Deputy District Attorney Marisa McKeown.

For four years, until he was put on leave in 2011, Bailey worked as a staff member at Eastfield Ming Quong (EMQ), a facility in Los Gatos which houses children who are dependents of the court and is located at 499 Loma Alta Ave.

In 2009, a 12-year-old girl said that Bailey had come into her room at night and assaulted her, prosecutors said.

As a staff member he worked as a one-on-one counselor with children, played games with them and cared for their basic needs such as changing their bed sheets, prosecutors said.

He was not a teacher or counselor, but he did work on a personal basis with clients. He was the caregiver for both girls who were allegedly molested, McKeown said.

In 2011, a girl at EMQ said that during a period of three years Bailey had molested her in her room.

The victim said that Bailey showed her explicit videos on his iPhone to show her what to do. The girl, who came from multiple foster homes, was between 6 and 8 years old during the crimes.

Bailey also worked at AchieveKids, a facility for the developmentally disabled in San Jose.

In August of 2011, he took an 18-year-old developmentally disabled student to a football game with his wife and children, prosecutors said.

After dropping off his family, he sexually assaulted her. The woman has the mental age of about a 5 or a 6–year-old, prosecutors added.

AchieveKids continued to employ Bailey after learning he was on leave from EMQ, according to prosecutors.”You can see that some of the children are very young, as young as 5 years old at the time,” Ozgur said.

Bailey entered a not-guilty plea on Aug. 6, 2012. The delay in the case’s prosecution has been caused by the defense’s request for time to prepare for trial.

Calls and emails to Harris were not immediately returned by the time of this posting. ”

Alleged Serial Child Molester Arrested in Los Gatos Faces Spring 2014 Trial [Patch 11/21/13 by Sheila Sanchez]

Update 2:”A 36-year-old man faces a life sentence following his conviction for sexually abusing five children while serving as a counselor for troubled and disabled youths in Los Gatos and San Jose from 2007 to 2011, a prosecutor said Thursday.

Waking Adrian Bailey, of San Jose, was found guilty by a jury in Santa Clara County Superior Court in San Jose of 11 counts of lewd and lascivious acts with a juvenile and other sex crimes, Deputy District Attorney Murat Ozgur said.

The victims, all female, included four girls under 14 and one who was abused from when she was 17 to 18 years old, Ozgur said.

Bailey had been a counselor at the Eastfield Ming Quong, an assisted living facility for emotionally disturbed children in Los Gatos, he said.

He molested four girls there multiple times from 2007 to 2011, including one child starting from age 6 to 10, another from age 11 to 13 and a third from age 10 to 13, he said.

In 2010, he also engaged in inappropriate conduct with a developmentally disabled girl at the Achieve Kids care facility in San Jose from when she was 17 to 18, according to Ozgur.

The investigation into Bailey began in 2011, after the first child came forward in 2009 and two others in 2011, prosecutors said.

Ozgur said that it was tragic that the children who had emotional or physical disabilities had to then go through sexual abuse by Bailey, who was employed in a position of trust.”

“He was actually a very well liked staff member,” Ozgur said. “It took these children to come forward and say something about it.”

The Los Gatos/Monte Sereno Police Department handled the investigation at Eastfield Ming Quong and the San Jose Police Department, based on a report received by the San Mateo Police Department, worked the case reported at Achieve Kids.

The jury rendered guilty verdicts Monday on the 11 felony counts filed against Bailey, Ozgur said.

The guilty charges included eight counts of lewd and lascivious acts with a child under 14 with a penalty enhancement due to multiple victims, two counts of oral copulation or sexual penetration with a child 10 years or younger by a person 18 years or older and one count of rape involving a victim incapable of giving legal consent.

He faces multiple counts of charges that each carry a life sentence and is looking at life in prison when his sentencing hearing takes place at the Hall of Justice in San Jose on April 24, Ozgur said.”

San Jose man faces life in prison after conviction of sexual abuse of 5 children[Mercury News 3/6/15]