Ben Zander Releases Apologetic Statement

On January 11, just over one week ago, I was told I had been dismissed from my position at the New England Conservatory (NEC) where I have worked happily for the past 45 years.

The reason was that I had over many years retained the videographer Peter Benjamin to film classes and concerts, knowing that he was a convicted sex offender who had served a term of imprisonment. I supported him in the sentencing stage of his trial and after his release on the basis of what I saw as his earnest determination to turn his life around, but I did so without inquiring into the exact nature of the charges. This was a grave oversight.

Further, I did not seek the permission of the NEC, based on disclosure of his conviction and imprisonment, to use him as a videographer in the College and the Prep school. I accept that it was not for me to make the decision that it was safe to do so.

For all the upset and anguish my actions have thereby caused in the NEC community and beyond, I profoundly apologize.

Source: benjaminzander.com

Press Release Regarding Peter Benjamin from Swomley & Tennen, LLP

This statement is in response to the ill-considered actions of the New England Conservatory in their treatment of Peter Benjamin, a freelance videographer who was commissioned repeatedly by NEC Departments, and professors at NEC to film performances over the past 13 years for no reason other than the exceptional quality of his work.

Mr. Benjamin is a talented artist and musician. As an undergraduate student at Boston University, Mr. Benjamin auditioned for and was personally hired by Sarah Caldwell to sing in her Opera Company of Boston Chorus . He sang professionally there for 25 years with some of the greatest opera stars in recent history such as Beverly Sills, George London and Boris Kristoff. Mr. Benjamin also gained the attention of Johnny Carson in the early 1960’s and was commissioned by him to film his family. He has worked for many celebrities because of his great expertise in photography and videography. Since then, his work has appeared on 60 Minutes, PrimeTime Live, and the cover of the New York Times.

He has combined his video skills learned as a child with his music acumen and is unmatched by his expertise in classical music and his ability to capture the sounds and visuals of a first rate classical performance in a professional quality recording. Recently, he videotaped Tony Woodcock, the current president of NEC, teaching an adult master class. At no time has there ever been a complaint or cause for concern occasioned by his videotaping these live events. Contrary to the reporting occasioned thus far, the bulk of the videography he was commissioned to do, involved college or graduate level performances.

A small part of the work Mr. Benjamin has been commissioned to do at the New England Conservatory consisted of documenting rehearsals and performances of the Youth Philharmonic Orchestra. Mr. Benjamin’s work involving the Preparatory School was conducted in group settings, with multiple cameramen that he brought with him and under conditions where it would have been highly unlikely he would have had so much as a conversation with a student.

In 1991, Mr. Benjamin made a serious mistake. For this he was prosecuted, convicted, and imprisoned. Thereafter, of his own volition, Mr. Benjamin entered into and engaged in a very successful four-year intensive therapy program specifically designed to treat individuals who had sexually offended against minor-aged adolescents. The recidivism rate for individuals having completed this program is less than 5%. After Mr. Benjamin completed his sentence in 1998, he was released and placed on supervised probation for five years. As part of his probation Mr. Benjamin was required to work. Mr. Benjamin obtained permission from the probation department to return to his long-time profession of videotaping live music events. While on probation, he was asked to have another adult with him when he was filming at schools or churches to negate any possibility or appearance of impropriety. Probation specifically knew he filmed events at the New England Conservatory. Successfully completing probation, Mr. Benjamin nevertheless kept this precaution in place for years afterwards. Mr. Benjamin has never re-offended and deserves credit for this.

It has come to Mr. Benjamin’s attention that the publicity surrounding NEC’s actions against him may also serve to cause new harm to his primary victim by dredging up the details of those past transgressions. Mr. Benjamin apologizes in advance for this. Mr. Benjamin is grateful his victim asked to meet with him upon his release from prison and gave Mr. Benjamin the opportunity to apologize face to face for his crimes. Mr. Benjamin is forever grateful to be graced with that individual’s forgiveness.

Further questions or comment should be directed to:
John Swomley
Swomley & Tennen
227 Lewis Wharf
Boston, MA 02110
(617) 227-9443
jswomley@swomleyandtennen.com

Why Did Benjamin Zander Hire a Sex Offender and Was Subsequently Fired? He Explains in His Letter To The NEC Youth Philharmonic Orchestra

My beloved students of YPO,

You now have heard of the terribly sad news that my life at NEC has been terminated. You are probably upset and confused, so I must begin by telling you what happened. This is a most serious matter, so I ask for your careful attention, as I always have in our rehearsals.

Many years ago I met a dedicated videographer named Peter Benjamin. Several years later Benjamin was involved in a serious incident of a sexual nature and he served time in jail. I was not aware of any of the details surrounding the charges.

After his incarceration was over, I got to know him better and was persuaded, as were several other well-known figures in the arts community, that he was profoundly remorseful and determined to turn his life around. He became active again in his filming career and I hired him - about ten years ago - to film some classes and concerts for archival purposes. Over the decade or so that Peter filmed, there were large numbers of people, including adults, in the room. You have probably noticed him occasionally at the back of Jordan Hall at YPO concerts.

As far as I know, there has not been the slightest incident of any kind, and there have been no complaints.

As I have told you so often, everything we do has consequences. My trusting nature, which you know so well from our rehearsals, classes and tour (we call it "Giving an A"), also has now had very serious consequences.

I felt it was the right thing at the time to give this man a chance. I deeply regret the upset I have brought to you all inadvertently as a result of the way this has all played out.

The New England Conservatory has been affected by, like many educational institutions today, in the serious concerns surrounding the sexual molestation cases reported in the press. This is fully understandable. It is a very good thing that the horrific impact of this travesty of human relationships is at last becoming more fully understood and that educational institutions will no longer tolerate it. The administration and the Board of NEC felt that as soon as they were made aware that Mr. Benjamin had a record, even though there had been no complaints, that they had no choice but to bar him. In addition, they also decided to dismiss me, the person who retained him to do the filming.

Was there no other way for them to handle the situation? I believe there was. If NEC had demanded that Mr. Benjamin be prevented from entering the school again, and if they had announced that forthwith all adults with any direct contact with young people would be subject to a background check, I am convinced that the press and the community, including all your parents, would have been satisfied that NEC was treating this matter effectively and with extreme seriousness.

Unfortunately for all of us, that is not the path that was followed.

My complete dedication to NEC has been the generating engine of my entire professional life and I was looking forward more than I can express to celebrate my 40 years with the orchestra, 18 months from now. I am deeply upset about not being able to share that with you after all we have been through together: our rehearsals, performances and tour have been the alpha and omega of my life.

Do I wish that NEC had acted more steadily, with a more orderly process, taking into account, not simply my own career, but - much more important - what I believe I might still offer to students? I very much do. But now it is too late and all we can do is reflect on what we have achieved and perhaps, to think more deeply about the way we make decisions; the way we interact with and take care of people and the values that we live by.

Let me add some words of background......

One week after we returned from our triumphant tour last June, after the sold-out concert in the Musikverein, I was handed a letter from President Woodcock announcing that my tenure as conductor of YPO and my role as the Artistic Director of Walnut Hill would be terminated on June 30th 2012. No reason was given except that they were engaged in succession planning. But I believe that was not the real reason. It is my opinion that the president had become upset with me during the complex discussions caused by disagreements between us about the tour. I believe that terminating my services as soon as possible had become a priority.

During further difficult negotiations it was agreed that my tenure with YPO could be extended for an additional year and my work with Walnut Hill could extend for another two. I had always expected to conduct YPO for many years to come. However, these were terms I tried to accept and live with.

I managed to persuade everyone that it had been my choice to retire and give up YPO, though anyone who knew me would understand that I would not willingly give up my work at my two most beloved institutions.

Even though I was offered the opportunity to resign last week, I decided I would allow myself to be terminated. It was the most painful experience to walk out of my beloved NEC for the last time.

Since I live in possibility and invite you to do so too, we should all think of different ways to spread what we have learned together like ripples. I will develop thoughts as to how I can best continue the work I so much love. And what I will have forever is the memory of all of you.

I believe that only if we treat one another with dignity, can we hope to live fruitful - if sometimes very difficult - lives, enabling us to work together to transform the notes on the page into musical phrases that the great composers have created.


My love to you all.


Ben Zander

Too dangerous, too much bad press

Boston Globe article: Video Maker had sordid past, strong advocates  This story has been picking up steam the past week here in Boston since the story pushes many buttons around here.

So it's been almost 20 years since Peter E. Benjamin had left prison, completed a vigorous sex offender treatment program, and rebuilt his life and professional career. Though he has garnered the attention of zero complaints of inappropriate behavior with his work at the New England Conservatory or any of his other clients over those two decades, it was determined Mr. Benjamin was too dangerous and, no doubt, too much bad press for the NEC continue to contract the services of this level 2 registered sex offender. It's not a stretch to think that many of his other clients and prospects will follow in the footsteps of the Conservatory. To think he was an immediate danger to minors at NEC is assuming too much.


As someone who is about 15 years on from my offense, what concerns me is the incorrect and baseless public belief of perpetual dangerousness for all who have committed a sex offense against a minor, that I'm always on the cusp of reoffending against another child if I were put in an opportune position for a moment. Those who work with sex offenders and know the research and literature know this simply is not the case and that level of dangerousness is only pertinent to a fractional percentage of sex offenders. Yeah, Mr. Benjamin was being risky by working around minors in some fashion - being risky more so with his career rather than re-offendeing (its been reported on thebostonchannel.com 90% of his time was spent with graduate students).  His story is a not-so secret fear of and a cautionary tale for many registered sex offenders who rehabilitate and work to create a new, happy and prosperous life for themselves. I hope that Mr. Benjamin avoids the social and professional death that can come with this recent attention, carrying on with a life and career in Boston he rebuilt with the help of others. We should all want any type of offender to rehabilitate, reintegrate, and lead happy, productive and healthy lives, contributing to the community in which we live.

Readers Note:  I don't usually publish the names of other local sex offenders on my blog but this story is very public and front page news from the regions largest newspaper.

Spouses of Incarcerated & Registered Sex Offenders

I made a new section of links to highlight blogs from spouses and family members of sex offenders whose voices are often ignored and are at times (amazingly) accused of supporting the abuse of children since they care for the offender and question the efficacy of sex offender laws.  If you have or know of such blogs please post it in a comment or email directly.

I just found I Love a Sex Offender - make sure to check it out.
Thanks,
-Richard

Happy New Year!

If you are incarcerated or on probation/parole or have a loved one who is, the beginning of a new calendar year is mentally a big deal.  Good luck to everyone in 2012!

Cheers,

Richard