Jury clears retailer of wrong in civil suit

A state Supreme Court jury has cleared retailer T.J. Maxx of any wrongdoing in a lawsuit brought by a customer who claimed she was used as "human bait" to catch a man taking photos up women's skirts at its Watertown store.

Following a three-day trial in Watertown, a jury deliberated about an hour before finding that T.J. Maxx was not negligent in its duties to ensure the safety of Svetlana Van Buren, Plattsmouth, Neb., on June 14, 2006, at 1283 Arsenal St.

Ms. Van Buren, formerly of Ogdensburg, filed suit against T.J. Maxx's parent, TJX Companies Inc., Framingham, Mass., in June 2007 claiming the company allowed her to become the victim of a "foreseeable" crime when its store security failed to intervene while a man took pictures up her skirt.

Ms. Van Buren, a licensed clinical psychologist, was shopping for coffee when store security approached her and told she had just been victimized by the man, later identified as Jeremiah L. Williams.

According to trial testimony, a store security worker had observed Mr. Williams in the store about eight or nine times previously and, at some point, had figured out what he was doing. The worker, Robert W. Amell, notified his supervisors and a plan was enacted to catch Mr. Williams in the act.

On June 14, 2006, Mr. Amell videotaped Mr. Williams taking a photo up the skirt of a customer and immediately called police. As police were en route, Mr. Amell testified that he observed Mr. Williams approach Ms. Van Buren and also take photos of her.

Mr. Williams was apprehended by city police in the store and, with Ms. Van Buren as the complainant, was charged with unlawful surveillance. He was convicted of the charge in Jefferson County Court and was sentenced in February 2007 to two to four years in state prison.

Ms. Van Buren testified that Mr. Williams saw her leave the store and drive away in her car, prompting her to be fearful that he would retaliate against her for pressing charges. She said she remains fearful of what may happen once he is released from prison.

"I'm scared, I'm terrified, that this guy is going to come back and kill me," she told the jury.

Ms. Van Buren, who worked with youths who were victims of sexual abuse and youths who had committed abuse themselves, testified that becoming a victim of a sex crime left her unable to continue working in that area of psychology. She also claimed she has suffered anxiety and depression as a result of the incident and of later having to testify before a grand jury about it.

Her attorney, James T. Snyder, told the jury that she "unwittingly became a sex crime victim" when she "walked onto a stage" set up by T.J. Maxx officials. He claimed the store knew what Mr. Williams was doing, but failed to warn customers.

"TJX knew it, in bushel baskets full, that this was a bad guy who was preying on women in their store," he said in his closing statement.

He said that rather than use a customer without her consent to catch Mr. Williams, the store should have used a female police officer or investigator to set a trap for him. He claimed that, at minimum, Mr. Amell should have approached Ms. Van Buren and cautioned her about Mr. Williams, or inserted himself between her and the suspect.

TJX's attorney, Craig M. Dolinger, Woodbury, said the company's plan worked as it was designed and its actions, along with Ms. Van Buren's willingness to press charges, resulted in Mr. Williams's arrest and imprisonment.

He said TJX did not have the resources to station an undercover worker in its stores at all hours on the chance Mr. Williams might come into one. He said Mr. Amell responded appropriately to Mr. Williams's presence, obtaining evidence that he was committing a crime against the unknown victim and calling police.

He said it was "unfortunate" that between the time police were called and the time they arrived, "he did it again" to Ms. Van Buren.

He argued that TJX was not negligent in its treatment of Ms. Van Buren and that, if she had been harmed in any way, it was "not the result of actions of the TJX Company, it's the result of the actions of Jeremiah Williams."

In his closing statement, Mr. Snyder asked the juror to award Ms. Van Buren $75,000 for her claimed pain and suffering stemming from the incident, but with a finding that TJX was not negligent, no damages were awarded.