PITTSBURGH — There have been shocking new developments in an exclusive Target 11 investigation that led to criminal charges against foster parents in a nearly three decades old case.
An Allegheny County Common Pleas Court judge ruled that the statute of limitations in the case had expired years ago, and he dismissed all the charges against one of the defendants.
But the judge also admonished the system that he wrote failed the victim years ago.
Judge Bruce Beemer called it an appalling lack of oversight by the very agencies in charge of protecting against abuse, but said he had to follow the law and the statute of limitations.
Carl Gilbert was released from the Allegheny County jail after a judge dismissed all rape and sex abuse charges against him. The judge ruled that the statute of limitations to prosecute him had expired.
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Target 11 spoke with the alleged victim in the case.
“It came as a big shock...but I believe the judge understood that it was a failure of the system,” said Carlina Freeman, who’s now in her 40s.
While dismissing the charges in an 8-page opinion, Judge Beemer made it clear that he believes, based on the evidence, that the system failed Freeman years ago.
“The number of failures perpetrated...defies common understanding and is beyond comprehension. The history of this case....demonstrates an appalling lack of oversight by the very agencies in charge of protecting against abuse,” wrote Judge Beemer.
After years of keeping the alleged abuse to herself, Freeman came forward and told Target 11 last year that she had been repeatedly raped and molested by her foster parents from the age of 9.
At 14 she became pregnant, giving birth to a baby girl.
She says she initially lied about it but later told her CYS caseworker the truth.
A paternity test confirmed Carl Gilbert was the father.
He even admitted that in court documents signed by a judge.
But no charges were ever filed then- Freeman said she had no idea why Gilbert wasn’t charged then.
Target 11 spoke with current and former law enforcement officials and court personnel, but no one recalled the case.
Law enforcement sources told Target 11 it appears it was a failure of the entire system.
After our reporting, Allegheny County police launched their own investigation, and eventually arrested Carl Gilbert, who was living in Maine and his ex-wife, Matilda Omiecinski, who was living near Cleveland, Ohio.
In his opinion dismissing the charges, the judge also wrote, “arguably, from the perspective of law enforcement, or the Commonwealth, culpability would likely no longer have been in doubt following the paternity test results.”
“It kind of blew my mind because you know listening to what the judge said, and him saying that, that kind of made me feel like if the statute of limitations wasn’t the way they were today, that it would have proceeded, " said Freeman.
While Gilbert has been released from jail, his legal troubles may not be over.
Police in Cleveland confirmed last year they are investigating accusations that Gilbert may have sexually abused his foster son, who also spoke to Target 11. Joe Gilbert claimed he too was abused by Gilbert.
Police in Cleveland told Target 11 on Wednesday that the allegations are still under investigation. A police spokesperson said detectives are still waiting to interview one more witness.
Carlina Freeman said she’s disappointed with the Judge’s decision, but she’s confident that justice will be served one day.
“I’m not going to say it’s discouraging and I’m not going to say it’s hard because I had my time, I had my time to heal. And the only thing like I always tell everybody, I have God in my heart, the only thing I can do is what God wants me to do is to forgive, but God has the last word, and I believe God is going to turn it over to where I don’t feel so disappointed,”
The Allegheny County District Attorney’s office issued this statement, indicating that they will not appeal the judge’s ruling.
“The legislature has tried hard to address these types of situations knowing full well that predators frequently pick their victims understanding that they are vulnerable. In doing so, the legislature recognizes that victims of sexual assault, especially children, often have trouble communicating their victimization at the time and may not do so until long after the fact. While we respectfully disagree with the conclusions by the judge, we also realize that we would not be able to overcome those conclusions on appeal,” said district attorney spokesman Mike Manko.
Omiecinski is still facing charges, and her case is listed on the calendar for trial in April, but the charges against her will likely be dismissed on the same grounds. Target 11 will continue to follow this major case and bring you the latest developments from Cleveland to Pittsburgh.
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