David Solomon was arrested on July 28, 2015 for allegedly molesting two boys under age 12. According to police reports drafted by detectives at the Broward Sheriff’s Office, David Solomon is accused of anally penetrating one boy while fondling another. Because the victims in this case are both under 12 years of age, he is facing a maximum penalty of life in prison for each offense.
Both police reports will be provided below.
In this article we will discuss the nature of the allegations pending against Mr. Solomon, what the details of these allegations tell us, and the role of the defense team in a case of this type.
What is David Solomon Accused of Doing?
First and foremost, even though we are talking about child sex offenses, it is absolutely imperative to realize that David Solomon is innocent until proven guilty. At this stage, he is merely accused of doing wrong. There has been no finding of fact, no verdict of guilt, or any plea of guilty.
In fact, that is what the judicial process is for and that process is just beginning.
That said, this case is in its early stages. At the present time, law enforcement has only come public with two victims. Both are boys under age 12 who participated in the Cooper City Optimist Club where Solomon was a baseball coach. In each police report, it is alleged that the victims were also friends with Solomon’s son, but more on this later. Because of their age, they are referred to only by their initials.
You can read the first police report here: David Solomon Police Report (Victim #1)
You can read the second police report here: David Solomon Police Report (Victim #2)
We will first summarize the nature of each allegation and then discuss the issues.
According to the first police report drafted by Det. Ian Kuechler, the first victim reported five to eight different encounters where Solomon molested him. However, for purposes of the police report and the criminal charges for which Solomon was arrested, the victim focused on two incidents.
The first took place on April 9, 2015 when the victim stayed the night at Solomon’s home, presumptively as a sleepover with Solomon’s son. The second occurred on May 17, 2015 when the victim went to Solomon’s home to watch WWE. Both were reported to Det. Kuechler on July 23, 2015.
On that day, the first victim described how David Solomon would play certain games with him. Solomon referred to the first game as “The Claw” and the second game as “The Wedgie Bush”. The victim described “The Claw” as a move wherein Solomon would cup his hand and place it along the victim’s pelvis and penis while rubbing back and forth.
The victim then described “The Wedgie Bush” as a move where Solomon would place his hand inside the back of the victim’s pants and underwear, then proceed to touch the boy’s buttock, and then penetrate his anus using a finger. The boy provided other graphic details that will be omitted here.
Aside from doing “The Claw” and the “The Wedgie Bush” while the victim visited his home on April 9 and May 17, Solomon was also accused of doing those acts while driving alone in his car with the victim. According to the boy, Solomon treated it like a game. When Solomon stopped at a red light, he would call out the name of a certain game, such as “The Claw!”, and then perform the act on the child.
When the boy expressed discomfort with what Solomon was doing and asked him to stop, Solomon warned him not to tell anyone because that would violate the “Bro Code.”
Ultimately, these encounters came to light when the boy told his mother about the inappropriate touching and described “The Claw” game. The mom then pulled the boy from the Optimist Club and from having further contact with Solomon. Later, when the boy attended baseball camp in July, he learned that other members of the baseball team were also allegedly molested by Solomon. Law enforcement was then contacted.
The second victim met with Det. Kuechler on May 2, 2015. Like the first victim, this boy knew Solomon from the Optimist Club where he worked as the baseball coach. However, his story is a little different. According to Victim #2, the boy was invited to David Solomon’s home under the pretense of visiting with Solomon’s son, who presumptively is a friend of Victim #2.
However, when the boy and Solomon arrived at the home, neither Solomon’s son nor his wife were present. It was just Solomon and Victim #2. At some point Solomon allegedly began wrestling with the boy and initiated “wedgies” on him. During the wedgie, the boy reported that Solomon would pull the boy’s pants down and expose his buttocks. While holding the boy’s pants down, Solomon would count down 5, 4, 3, 2 and when he reached 1, Solomon would pull the boy’s pants up all the way into the crack of his buttocks.
While some people may consider this horseplay, it is bizarre behavior for an adult alone with SOMEONE ELSE’S child.
Plus, it did not end there.
According to Victim #2, when Solomon acted out wrestling moves on him, Solomon’s hands would snake their way into the front of the boy’s pants and touch his penis underneath the clothing.
According to the boy, Solomon invited him to his home on three separate occasions to play with his son, but each time, neither the son nor Solomon’s wife were home and it ended up just being the boy and Solomon alone. The boy reported that Solomon would initiate wrestling that resulted in the boy’s penis being touched underneath his clothing, each of the three times he went to Solomon’s house and no one was home.
Like the first victim, Victim #2 also advised Det. Kuelcher that David Solomon was once driving him home and told the boy not to tell anyone.
Victim #2 also reported that he went to Solomon’s home to watch the third game of the NBA playoffs with Solomon’s son. The play date was intended to be a sleepover. However, when it came time to go to sleep, Solomon insisted that the boy sleep alone in a guest bedroom instead of in the son’s bedroom, as would be normal during a sleepover.
The boy elaborated that just before he fell asleep, Solomon entered the room and began scratching and rubbing the boy’s back. Solomon then proceeded to run the boy all over his torso and legs, after which Solomon proceeded to rub the boy’s penis underneath the clothing. The boy described how he was “frozen” during the entire incident.
The Legal Issues
In any criminal case, the ultimate question for any lawyer defending the accused is whether or not there is a realistic likelihood of conviction at trial. To make that determination, a criminal defense lawyer has to analyze the case, identify the issues, determine what evidence may be lawfully admitted, whether or not there are any legal defenses, factual defenses, or alibis, and see how everything falls into place.
The core issue in most sexual assault or child molestation cases focuses on credibility. In other words, is the story true and believable. More importantly, will it be believed by a jury.
One question I would like to see answered by defense lawyers is whether there was a substantial delay in reporting the crimes to law enforcement, and if so, why was there a delay? What mom heard that her son was molested nearly 8 times by his baseball coach, but waited to report the matter to law enforcement? A delay in reporting to police does not necessarily mean it didn’t happen, but it can. This is definitely a red flag for any lawyer working this case. Defense lawyers will need to construct a time line of events to flush this one out.
As disgusting as it may be, those in the criminal justice system are familiar with the many cases where people have fabricated false allegations. I have seen these cases happen in divorces where one parent seeks custody and alimony from the other and in cases where wealthy targets have picked up sex partners at bars, taken them back in a luxury car to an expensive home only to be contacted by police 24 hours later.
That said, I personally suspect the core allegations in this case to be true and I further expect more victims to come forward.
Analysis of Known Facts
Sadly, as a criminal lawyer I have had exposure to more sex offenders than I care to know. Over time, after reading enough victim statements, police reports, emails, chat logs, text messages, and the like, you pick up on certain tell tale signs that present common behavior patterns for these types of offenders.
For the first time offender, he has no experience but his own. Criminal lawyers, judges, and law enforcement, on the other hand, have the experience of observing many sex offenders and taking note of common behavior patterns.
Here are the behaviors that stick out in my professional mind as indicating these allegations are true:
- Solomon allegedly made it a game – this is very common amongst child predators
- Solomon allegedly used wrestling as a pretext to inappropriate sexual contact
- Solomon allegedly used subterfuge to trick the boys into being alone with him
- Solomon allegedly told each boy not to tell anyone
- Solomon allegedly did weird “dual behaviors” like naked wedgies… on the one hand, he can say “It was an innocent wedgie… who hasn’t had or given a wedgie in their life?” On the other hand, the boy is under 12 and states that his pants were pulled all the way down, exposing his penis and buttocks, all while alone with Solomon in his home – clearly that is no run of the mill innocent wedgie.
- Solomon was previously accused of a sex crime involving minors in Miami-Dade County, Florida, although those charges were either dropped or declined by prosecutors.
It is common for sex offenders to find little ways to justify their behavior and have an excuse for their conduct. “We were just wrestling” or “It was an innocent wedgie” or “I opened my home to these kids and treated them like my own.”
Almost every single sex offender I have ever encountered has had some dual behavior thing going on. This is because I find they suffer from serious denial of reality, aside from their sexual dysfunction. In their mind, they can deny touching the penises of two different boys by claiming it was innocent wrestling.
When any experienced criminal lawyer sees a fact pattern with elements like these, you know its true. His conduct is too in line with the behavior of countless other offenders before him, even if he doesn’t realize it himself.
If true, the alleged conduct in this case fits a profile for a textbook child molester.
Not to mention the fact that David Solomon was accused of similar charges in Miami back in 2000. For reasons unknown at this time, the prosecution dropped those charges and declined filing on others. The paper files have since been destroyed by the Clerk’s Office. However, online records reveal that Solomon tried to expunge those records as recently as 2011. Because Florida Statutes do not permit the expungement of sex offenses, the Court denied his request.
The available records may be accessed here:
The reason why these charges were dropped can vary. There may have been credibility issues with the victim(s) and the allegation(s) may have been absolutely false. Alternatively, the allegation(s) may have been true but the victim(s) refused to cooperate, as commonly occurs in sex crime prosecutions – it is not uncommon for parents to not want their kids to relive the experience by testifying about it in court. However, the most important thing to keep in mind here, is that the reason is presently unknown and we cannot speculate.
On the Other Hand
Nothing can be taken for granted. Defense lawyers representing David Solomon will need to very carefully analyze each witness statement, police report, and other evidence for any defenses. A case like this one is no joke.
At some point, the defense will need to determine if this case has any chance of being won at trial or if it has other inherent defenses, such as a motion to suppress an illegally obtained confession or physical evidence obtained pursuant to an illegal search and seizure.
Ultimately, I expect this case to come down to the word of the victims, who seem to be growing in number as time passes, versus the word of David Solomon. Even though this does not appear to be a case with DNA, a confession, independent eye witness, or some other type of objective proof, jurors tend to believe in patterns – and a pattern is created when multiple victims tell the same or a similar story.
It is one thing when a bar fly claims some rich guy in a Rolls Royce “raped” her in his mansion after a night of heavy drinking and drug use while her lawyer threatens a lawsuit. Its another entirely when prosecutors march boy after boy on the witness stand who tell the same story of trick visits to the house for alone time, wrestling, fondling, sex “games”, and instructions not to tell anyone, etc.
If defense lawyers conclude that the likelihood of losing at trial is great, they will need to approach prosecutors about a plea bargain. This is because a judge will give a person a much harsher sentence after trial than if he takes a deal before hand.
The reason for this discrepancy is two-fold. On the one hand, the system gives an offender an incentive to avoid making victims of sex crimes relive their experiences and go through the humiliation and trauma of describing what happened to a courtroom full of people – especially children under 12.
On the other hand, the courts apply this rule to all criminal cases simply to promote judicial efficiency. Since there are not enough judges, jurors, prosecutors, and courtrooms to give every single criminal defendant a trial, the courts give defendants an incentive to resolve their cases without a trial. This has the effect of compelling people who cant win their cases, because evidence of guilt is presumptively too great, to not waste the court’s time with rolling the dice on a loser case. This way, only people who have no choice or who have meaningful defenses are the ones who proceed to trial.
Or at least so the theory goes.
Regardless, Solomon may be in a position where he can’t win at trial and has no choice but to take a plea bargain. That said, in a case where there are multiple child victims, prosecutors will surely expect hefty prison sentences for these offenses. In many cases, the prosecutor’s plea bargain is too harsh and does not give enough of an incentive to forgo trial. As a result, someone who has a losing case may roll the dice with trial.
For example, if a prosecutor is offering 25 years in prison on a life felony, most defendants would rather take their chances with trial. It is very hard to willingly give up your life and go serve 25 years in state prison.
This case is just beginning. One thing I have learned in criminal law is that the truth is sometimes not what it appears to be. People lie, they cheat, they steal, and the do what they can to hurt others. Sometimes those bad guys are not the person arrested, but the adult driving the accusation.
With that in mind and an open mind about what future revelations may tell us about this case, the available information paints an image of a textbook child molester.
The defense team definitely has an uphill battle on this one. In all likelihood, the real question does not center on whether or not he will go to prison, but for how long? To answer this question, investigators need to finish identifying victims, prosecutors need to ultimately decide what Solomon will be charged with (including the number of counts), and defense lawyers need to complete their investigation into the case.
Once the prosecution builds the biggest case it can and the defense cuts it down to size, we will be in a better position to see what he is really facing – insofar as duration is concerned.
We will keep you posted as this case develops. I hope for the children’s sake that these allegations are in fact not true.