Rabbi David Kaye

> "*We'll see! Hahahahahaha!"*
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> -Rabbi David Kaye getting anxious for the evening’s activities.
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**Rabbi David Arnold Kaye** is a suspected predator caught in the Suburban Washington, D.C. episode of *To Catch A Predator*. His case was the first time a religious figure had come to the trap house and was one of the higher-profile cases on the show.

## Biography

David Arnold Kaye was born on October 25, 1950. From 1985 to 2001, he served as the rabbi of Congregation Har Shalom in Potomac, Maryland. Prior to joining Panim: The Institute for Jewish Leadership and Values in Rockville, Maryland, he served for a brief period as a rabbi at Congregation Agudas Achim in San Antonio, Texas. He worked with hundreds of Jewish high school students on political and religious matters, which led to him becoming something of a local celebrity.

On August 7, 2005, 54-year-old Kaye, using the screen name "REDBD," contacted someone he thought was a thirteen-year-old boy named "Conrad." His screen name was derived from the nickname "Red Beard," given to Kaye when he was younger because of his red hair. Kaye thought the decoy was a minor who was home alone and whose mother had suddenly passed away. Kaye quickly exploited the circumstance, saying that he was "prowling for young men." He questioned the child about his sexual behavior and asked him whether he had ever masturbated. He also emailed the boy explicit photos of himself naked and performing oral sex on other men, taught the boy how to properly wipe, and urged him to come to the door while naked. He left his home in Rockville, Maryland, around noon on August 17, and drove 30 minutes across the Potomac to Herndon, Virginia.

## Sting

In a cheerful mindset, Kaye walks into the sting house. Del Harvey, posing as the boy, speaks to Kaye from a different room. Harvey questions him about whether he intended to come back later tonight after going out with his girlfriend. He laughs and says, "We'll see." When Chris Hansen entered the room, Kaye's demeanor immediately altered. For several seconds, Kaye remains standing still while he thinks endlessly in his head. Kaye is advised to sit down by Chris. Kaye claims that, "[I wasn't here for anything] good" when Chris enquired about his plans. Right away, Kaye asks Chris to identify himself and asks him for identification. Chris inquires about Kaye's occupation, to which he replies that he is a rabbi.

Kaye tells Chris that he doesn't want to anger him, since he seems aggravated and irritated, then requests identification once more. He then says, "You know I am in trouble and I know I am in trouble." He claims that it was his first time meeting someone online. Chris responds that he has heard same excuse from almost every predator. When Kaye then demands to see his identification, Chris explains that he is working on a story about online predators for Dateline NBC. As soon as the camera operators emerge from hiding, Kaye gets up from the stool and tries to grab the camera, and then tries to assault Chris until security guard Ron Knight intervenes. Kaye grabs the chatlogs on the counter and puts his palm in front of his face. Kaye yells at Chris to "stop this" and that he "didn't have any right." Ron Knight orders Kaye to take a seat. Kaye is then told by Chris that he may leave at any time. Still holding the chat logs, Kaye storms out of the sting house.

## Aftermath

That evening, Kaye went home, deactivated his AOL account, and made an effort to wipe his computer's hard drive. Kaye threatened to sue Chris and made numerous threatening phone calls to NBC. Chris agreed to a second interview with Kaye in a nearby hotel. When Kaye arrived with a briefcase, he stopped in the lobby and insisted that they not mention his name, his work, his appearance, or anything he did. After Chris rejected these requests, Kaye left. The episode broadcasted on November 4 after Kaye's resignation on October 31, 2005. In December 2005, Kaye and his wife of thirty years finally divorced.

The chat logs and details concerning Kaye and the predators caught in the sting were provided to the Fairfax County, Virginia police by Perverted Justice. Later, Fairfax claimed they would be unable to bring charges against Kaye. Don Pedro, a Perverted Justice member, got in touch with Kaye's local jurisdiction. He waited for police to respond, but nothing happened. The F.B.I. approached Don Pedro many months later. They had received the information that he had provided to Kaye's local jurisdiction. The U.S. Attorney wanted to pursue Kaye's prosecution based solely on Perverted Justice's information.

## Legal process

On May 18, 2006, a grand jury returned a two-count indictment charging Kaye with one count of coercion and enticement and one count of travel with intent to engage in illicit sexual contact. Based on evidence from Perverted Justice, a magistrate examining the case decided to deny Kaye's request for bail out of concern for public safety. On July 6, 2006, Kaye filed a motion to dismiss the charges due to damages of the evidence and the fact that they demand an outcome that is factually and legally unachievable. Kaye argued for the dismissal of his indictment o n the grounds that "an activity cannot be a violation of [Virginia Code] § 18.2-370 unless it is committed with a child under fourteen years of age." Kaye claimed that the Government cannot prove the elements of the crime unless it can be shown that he knew and willfully propositioned a person under the age of fourteen for the alleged activities. In support, he referenced Moore v. State of Maryland, 882 A.2d 256, which found that under Maryland law, an individual cannot be convicted of trying to have sex with a minor because they met an alleged fourteen-year-old online when there were only adults present.

The Government replied that neither accusation requires that the defendant's intended victim really be a minor and that the components of the offense are sufficiently claimed. They claimed that under Virginia law, convictions made in accordance with 18.2-370 do not need to be supported by an actual underage victim. Since Kaye thought his victim to be thirteen-years-old and the indictment states as much, the absence of a child in the case does not serve as a defense. On the basis that the evidence used to support the accusation is lacking and was gathered by a third-party Internet organization Perverted Justice, Kaye also asked for the indictment to be dismissed. Kaye specifically took issue with the Government's inability to tell him who the person in the photograph who was allegedly Conrad was and how old they were.

In a similar vein, Kaye lamented that he had no record of the phone calls in which he was reportedly involved. Though he admits in his request that "dismissing the indictments herein for spoliation of evidence is a drastic remedy that typically requires that bad faith be proven." Finally, Kaye contended that the statute that the indictment is based on is unconstitutional in his supplemental memorandum, and the court should grant his request to dismiss. His filing was declared seriously out of order by the court since it was made more than three weeks after the deadline for motions and even after the matter had already been the subject of oral debate. His request to have the charges dismissed was denied.

## Trial

Kaye waived his right to a jury trial and chose to appeal directly to Judge James C. Cacheris. The trial was held on August 21 and 22, 2006. Harvey and Don Pedro were called to testify. Kaye and his lawyer, Peter Greenspun, contended during the trial that the language used in the chat by Sean O'Connor, the man who pretended to be the teenage boy online, the photo he sent, and the voice on a phone call made by another Harvey posing as "Conrad" all demonstrated that the decoy was older than he claimed. Greenspun also claimed that Dateline and Perverted Justice pursued Kaye for a liaison rather than the other way around. He noted that the rabbi initiated only the first of several conversations held over the course of ten days before Kaye drove to Herndon. Greenspun cited a chat in which Kaye appears to have forgotten who "Conrad" was.

Kaye described his urges as an addiction, telling the court that he had "struggled with sexual identity issues" since he was a young adult and throughout his "entire married life" of 30 years. "It was quite a burden on me," Kaye admitted, adding that he felt "tremendous amount of shame." He claimed that the person he was supposed to meet had lied about personal details and was engaging in "role play." Kaye described such role playing as fairly common over the dozen or so years he had met men through America Online chat rooms. He pointed out that his own AOL chat profile lied about his name, age, and occupation, among other things. Going to the home of someone he met on the Internet was also not unusual, according to Kaye. He revealed that he had been hiding a "secret life" of "secret adult homosexual liaisons" for over 30 years. Before the Internet, Kaye admitted to having anonymous liaisons "in very public places," even though they were "dangerous places," he "couldn't understand why" he put himself in such danger. When he discovered AOL in the mid-1990s, he began meeting men in their "M4M." Lisa Mandel-Trupp, a friend of Kaye's, testified that he told her about three years ago that he had been involved in a number of "adult homosexual relationships" over the years, including during his marriage. Mandel-Trupp, who saw Kaye on a "social basis" following his divorce from his wife, said he communicated with her because he "needed someone to talk to" about it.

During cross-examination, assistant U.S. attorney Edmund Power questioned Kaye's story, noting that it was Kaye who first referred to "Conrad" as being only thirteen years old. Kaye couldn't explain how he knew his chat partner's age, but he denied looking at the Internet profile, which listed his age as thirteen. Power added that  Kaye also asked "Conrad" if he was a cop, indicating that he was afraid of a sting. Kaye responded that the person represented himself as thirteen, and while he didn't believe him, "he played both sides of it." Power also pointed out that Kaye admitted on camera that he was "in trouble" with Chris, but the rabbi responded that he initially mistook Chris for a police officer and was afraid that his hidden lifestyle would be revealed to friends and family. Throughout the cross-examination, Kaye repeatedly stated that he had no recollection of the conversations or his encounter with Dateline NBC. He did admit, however, that a DVD of the Dateline case shown by the government accurately depicted the incident. He claimed he didn't remember his conversation with Chris due to "panic."

Greenspun questioned O'Connor on whether he had, in fact, been the one enticing Kaye into a liaison, rather than the other way around. Greenspun observed that O'Connor informed Kaye early in their chat that his father would be leaving town later that month, leaving him home alone, implying that they should meet. While mentioning it, O'Connor responded that it was "up to the other person" to suggest meeting. While Kaye was the first person in the chat to use sexually explicit language, the rabbi explained that his experience in male-to-male chatrooms had taught him to "get to the point" quickly. Greenspun contended that O'Connor's subsequent use of sexually explicit language was unusual for a thirteen-year-old. Kaye felt he "compensated" for his "wonderful career," "good family man," and volunteerism in the Jewish community.

The defense also called in two experts to back up Kaye's claim that "Conrad" was much older than he claimed. Arlen Rosenbloom, a pediatrics professor at the University of Florida, testified that the photo the decoy sent Kaye was taken without permission from an "adoption Web site." He said it was "consistent with someone over eighteen." He based his claim on an examination of the subject's facial characteristics, noting that the "brow was fully developed" and the subject had a "fully mature nose." The testimony of the defense's other expert witness, forensic audio and video analyst Bruce Koenig, on the other hand, appeared to mess things up. Harvey's voice, according to Koenig, has a "fundamental frequency" consistent with an adult female. However, during cross-examination, he stated that the "fundamental frequency" of Harvey's taped voice was also consistent with that of a boy aged twelve to thirteen and a half. Kaye testified that the voice he heard "clearly was a mature voice," and that "Conrad" sounded "very mature" in the chat.

## Sentence

Kaye was found guilty of both felonies after the two-day bench trial in September 2006. Judge Cacheris stated that the court determined that the pictures and sexually suggestive advances that Kaye made on the child were direct attempts to persuade, induce, and entice him to engage in sexual activity. His sentencing was set for December 1, 2006. Kaye's statements "You know I am in trouble and I know I am in trouble," and "[I wasn't here for anything] good" were used by the judge to find him guilty beyond a reasonable doubt.

Kaye told judge Cacheris before his sentencing that he went to the sting house expecting to have sex with a boy "as a cry out for help to fight my personal demons." Kaye sobbed as he affirmed his father, who was seated in the courtroom in a wheelchair. He said his conviction had forced him to confront "the truth about who I am... I know I need help. I pray to God that I will be able to get that assistance." Because Kaye lied under oath, he was sentenced to six and a half years in prison by the judge. Judge Cacheris also sentenced Kaye to ten years of supervised release and lifetime sex offender registration. Kaye was prohibited from accepting any job involving children, and was also prohibited from being around children under the age of eighteen without the presence of an adult.

## Post TCaP

Kaye was released from prison in January 2012. Kaye attempted to join the Adat Shalom Reconstructionist Congregation in Bethesda, Maryland. Kaye's options were considered by the board. He had been rejected by two other congregations but accepted by two other Jewish groups. In June 2012, the board met in executive session to vote, and its members were unable to agree on a set of conditions that would allow Kaye to continue to stay at the synagogue. Kaye was ordered to leave by the board. Kaye was informed by a friend on the board.

On September 12, 2012, an email was sent to the congregation. The board had decided that Kaye "would, sadly, not be welcome" after a "backbreaking amount of time" of researching and discussing the legal and ethical quandaries presented, including the "safety of our children, responsibility, repentance, and the compelling needs of the community at large." Since February 2012, Kaye had been going to Adat Shalom for Shabbat services. He assumed that someone in the congregation may have recognized him because Dateline NBC repeated the Suburban Washington, D.C. sting on occasion, which led to the communal discussion over his attendance. Kaye told the Washington Post that he was disappointed by Adat Shalom's decision not to accept him, but acknowledged that the issues are difficult to resolve. He stated that he accepted their decision and would move on with his life.

Kaye was arrested again in 2013 for not registering as a sex offender, using the internet without prior approval, and viewing pornographic images. He was arrested a 3rd time in 2018 for repeatedly violating the terms of his probation over the course of the five years since his last period of incarceration, by buying unauthorized devices to access the Internet, soliciting sex on Craigslist, buying pornography, and opening lines of credit without disclosing the activity to his probation officer. He would be sentenced to six months at the same prison he served his original sentence, with even tighter restrictions placed on him after release. One of these arrests occurred during a counseling session when his unauthorized cellphone started ringing. Sometime between his release and February 2021, he was incarcerated again in the Alexandria City Jail. He was also classified as a Tier III offender in Virginia, which is the highest-risk offender. However, he recently (mid 2023) is out of prison and now lives in Maryland where he is listed as a Tier II sex offender, according to his sex offender profile. In Maryland, Tier II offenders must register as a sex offender for 25 years.

## Trivia

* Kaye was featured in a photo with two other rabbis who have also been convicted of child molestation charges, which means 25% of the men in that photo are convicted child molesters. According to the FBI Law Enforcement Bulletin, only 1-10% of child molestation cases are reported to authorities. Studies show that only 53% of these reported sexual offenders against children are convicted.
* Kaye is the first predator to physically touch the camera crew in an attempt to hide his identity. Davut Ozkan would be the second predator to do this. To a lesser extent, DarkHero73 was the first predator to lunge at Chris.
* After the interview, Chris would say that he didn't think Kaye posed any serious threat, but admitted that if Ron Knight wasn't there to protect him, *“I would have probably got my butt kicked”.*
* Kaye is on the Jewish Community Watch Wall of Shame.

## Gallery

David Kaye throughout the years (1/4)David Kaye throughout the years (2/4)David Kaye throughout the years (3/4)David Kaye throughout the years (4/4)
## References

1. ↑ 1.0 1.1 1.2 1.3 1.4 1.5 1.6 1.7 https://dairystatedegenerates.blogspot.com/2021/04/david-kayes-whole-life-basically.html
2. ↑ https://www.jewishaz.com/us\_worldnews/rabbi-steps-down-after-tv-sex-sting/article\_1a8ba900-8caa-5fee-aec3-5a82624f6233.html
3. ↑ 3.0 3.1 3.2 3.3 http://www.perverted-justice.com/?con=REDBD
4. ↑ 4.0 4.1 4.2 4.3 https://casetext.com/case/us-v-kaye-3
5. ↑ 5.0 5.1 5.2 5.3 5.4 https://www.bishop-accountability.org/news2006/07\_08/2006\_08\_23\_Fingerhut\_AtTrial.htm
6. ↑ http://www.connectionnewspapers.com/news/2006/dec/05/rabbi-sent-to-prison/
7. ↑ https://www.washingtonexaminer.com/potomac-rabbi-convicted-of-sex-crimes
8. ↑ https://jweekly.com/2006/09/15/convicted-maryland-rabbi-awaits-sentencing-in-dateline-sting-case/
9. ↑ 9.0 9.1 https://www.washingtonpost.com/archive/local/2006/12/02/rabbi-sentenced-in-internet-sex-sting/201b0c27-f63c-43f2-ab2d-0179ec01a1f6/
10. ↑ 10.0 10.1 10.2 https://www.washingtonpost.com/local/bethesda-synagogue-grapples-with-presence-of-rabbi-convicted-of-sex-crime/2012/10/26/a6549984-1a0c-11e2-aa6f-3b636fecb829\_story.html
11. ↑ 11.0 11.1 https://www.timesofisrael.com/convicted-of-soliciting-a-minor-rabbi-is-banned-from-dc-area-synagogue/
12. ↑ https://sex-offender.vsp.virginia.gov/sor/offenderDetails.html?regId=40207
13. ↑ https://www.icrimewatch.net/offenderdetails.php?OfndrID=8450151&AgencyID=56622