Mother of 3yo assault victim speaks on conviction of sailor from Grosse Pointe
Parents warned defense lawyer would try to shred their reputations during trial
This exclusive interview with the crime victim’s family is the second in an exclusive series about the conviction of Bob Declercq. Read the first story here.
Amy Declercq said she accepted from the start that she would face withering attacks on her parenting, her character and even her mental health. But nothing would prevent her from fighting for justice after sexual assault of her little girl.
Declercq, 38, told herself and advises others: “Be prepared to be attacked. Be prepared to be under a microscope. Be prepared to feel uncomfortable. And know you are doing the right thing.”
After years of pre-trial motions and a five-day trial that ended this month, a jury found Bob Declercq, a former Morgan Stanley wealth manager from Grosse Pointe Farms, Michigan guilty. He was convicted on two counts of first-degree criminal sexual conduct involving penetration of a person under 13.
This case involved a (then) 3-year-old girl in the bathroom of his second home in Fairview Township in May 2020. The office of Michigan Attorney General Dana Nessel announced the verdict in Oscoda County on May 2.
Shannon Smith of Bloomfield Township told Shifting Gears in an exclusive interview last week that the defense team plans to appeal, accusing presiding Judge Cassandra Morse-Bills of unfair rulings in the 23rd Circuit Court in Mio, Michigan.
Smith also depicted the victim’s mother as motivated by a personal vendetta.
Amy Declercq said she’s disappointed in skeptics who continue to support her father despite the conviction, suggesting he is a victim of a flawed justice system.
“If they don’t accept a guilty verdict after a four-year investigation and a five-day jury trial, that’s their choice to publicly support a convicted pedophile,” she told Shifting Gears. “I think that speaks volumes about who they are and what they stand for. This vendetta narrative is just an attempt by the defense to distract from my daughter’s testimony, and try to put me on trial instead of the accused. I’m their target and I’m fine with that. I have nothing to hide and I told the truth while I was on the stand for what I was told nearly eight hours.”
The jury decided unanimously in favor of the child. Now Bob Declercq, 72, faces a minimum of 25 years behind bars. He awaits sentencing in August.
News of the case has stunned members of the prestigious Bayview Yacht Club, and sailors nationally, who know Declercq as a champion sailor and former sailmaker.
Shifting Gears reached out to Amy Declercq asking her thoughts on the now-resolved case that was kept secret until conviction — by the defense and the prosecution.
Note: The victim’s mother, Amy Declercq, agreed to have her maiden name used for this story because it does not reveal the identity of her daughter. The family lives in southeast Michigan.
Bob Declercq faces a second trial later this year, prosecuted by the Michigan Attorney General with defense provided by lawyer Shannon Smith, involving charges that he sexually assaulted his daughter.
Unfiltered: Q&A with Amy Declercq
Below are questions submitted to Amy Declercq and her husband for consideration. She responded almost immediately and also offered pointed responses to public remarks made by the high-profile sex crimes lawyer who represented serial child molester Larry Nassar prior to representing Bob Declercq.
Did you have concerns about your daughter being in the presence of her grandfather prior to the incident that led to charges?
“Yes. My husband and I always had a rule that our daughter was never to be alone with my father from the moment she was born. One of us was always with her if he was around. This assault occurred while my mother was watching our daughter. To our knowledge this was the only moment he ever had access to her without anyone else around.”
How did you find out about the situation that led to the conviction?
“Our daughter disclosed while we were laying her down for bed. She said, “Mama, I have to tell you something…” What followed was the most gut wrenching thing a parent could hear.”
What goes through the heart/mind of a mother and father as they watch a child navigate the legal system? Did that potential impact ever cause pause about pursuing charges/conviction?
“To be clear, we reported a crime to the Michigan State Police and the State / The People charged Bob Declercq. This case wasn’t ‘The Victim vs. Bob Declercq.’ It was ‘The People vs. Bob Declercq.’ And, no, we never paused to consider whether we should report. When a child discloses abuse, the only thing one should do is report it. What kind of message would we send our child if they bravely share something like this and we do nothing?
“We didn’t know the full extent of where this would go, but we did know there would be moments that would be difficult for our daughter and for our family.”
“When we reported, we didn’t know Shannon Smith or the Attorney General’s office would be involved . We reported what our daughter had disclosed to law enforcement and things progressed slowly; from the moment we reported the assault, it was mostly out of our hands. We are extremely grateful for all of the professionals who put time into getting justice for our daughter. One thing we learned though all of this is to have patience. The investigation, the lead up to trial, these things take time if they are done correctly. From disclosure to conviction was nearly four years.
“Navigating this process inflicts a full range of emotion for everyone involved. There are times where there are concerns that the process may retraumatize the child, but then others where you are just in awe of how strong and brave someone that young can truly be. You’re constantly thinking, ‘What’s next?’-- next update from police, next hearing about charges, next meeting with prosecutors, next rescheduled trial date, etc. Now we are wondering how to handle what’s next in our personal lives and trying to establish a more normal life for our kids.
“While this is something no parent wants for their child, this is the only path to receive justice. This isn’t something we were going to shy away from. As a parent you fear this process itself could add to the retraumatization of your child. But we have learned a lot about ourselves and we have learned a lot about our daughter. She is very proud to have stood up for herself and we are very proud of her.”
How do you and your husband find peace during this tumultuous period?
“We have an idea of what that might look like in the future. Currently we are in the direct aftermath of this verdict and the last four years have done a toll on us. We have gotten the court result which will allow us to finally begin to find peace again. It may seem odd to everyone on the outside that what they view as the conclusion of something in a headline, is actually the starting point for us to rebuild and move forward.”
In speaking to others who may be considering pursuit of justice under similar circumstances, what advice might you offer?
“Disclosures need to be handled carefully and consistently from the first disclosure until verdict. As a parent, that can be a difficult thing because your instinct tells you to get to the bottom of what’s happened to your child. Resist that urge at all costs and simply tell your child they are safe, believed and loved.
“Do not ask your child direct questions. Do not repeat what they have said back to them.”
“Always have them use their own voice and own words to tell professionals what they experienced. Immediately following disclosure, seek professional guidance such as a Child Advocacy Center and file a police report. However, don’t allow law enforcement to interview your child until a forensic interview has been conducted.”
A forensic interview is a means of gathering information from a victim or witness for legal use and a key component of many child protective services investigations, according to the Child Welfare Information Gateway, funded by the U.S. Department of Health and Human Services.
How do you view supporters of your father now?
Amy Declercq said, “… None of my father’s supporters have heard any victim testimony, my testimony, my husband's testimony, or testimony from law enforcement investigators. Some of them even refused to be interviewed during the investigation. All they do is parrott the smear campaign against us despite the actual testimony and evidence that led to the conviction in court. They choose to publicly support a convicted pedophile with more cases pending; I’m not interested in a relationship with people like that or people with similar morality issues.”
Rebuttal to statements from defense lawyer
Amy Declercq said that she and her husband wanted to correct and clarify comments from defense lawyer Shannon Smith, published by Shifting Gears on May 22, that were “misleading” or “just blatantly incorrect considering court testimony.”
The couple wrote, “Our rebuttals are in line with the court transcripts and hers are not. We believe she framed those quotes specifically to continue the smear campaign (the defense strategy) against us as parents and we want the record set straight with our rebuttal, which is aligned with fact.”
A transcript of the trial is not yet available to the public.
After conviction, defense raises questions
Amy Declercq clarified points spotlighted after trial by the defense lawyer
Why the delay in reporting an alleged incident in 1994 between Bob Declercq and his daughter to police, an incident that is the focus of an upcoming trial.
“There was no delay in reporting the 1994 incident. I reported it to a family member as soon as I returned home from the place where it happened. I have reported that event numerous times to different family, friends and medical providers over the years. I will not comment further on this, as this case is still open.”
“The relationship with my father is incredibly complicated and I won’t comment further than that.”
Why did no one know about the upcoming sex assault trial, which shocked the sailing community the day of the verdict? Members of the Bayview Yacht Club said they had no idea. The defendant had been attending social functions up to the days prior to his conviction.
Defense lawyer Shannon Smith told Shifting Gears: “We did not want to sling mud at people in the family … The last thing Mr. Declercq wanted to do was expose all that to the world … We wanted to try this case in the courtroom, not in the media.”
Amy Declercq wrote, “Obviously, he didn’t want the world to know he was a pedophile. Why do you think nobody at Bayview found out? I am not surprised he didn’t want people to find out. We also kept quiet under the direction of the Michigan State Police, as it was an ongoing investigation and we didn’t want to do anything to jeopardize our daughter getting justice. The pretense that Bob and his defense was quiet about this because they didn’t want to embarrass us is laughable. Their number one defense strategy was to smear us as parents from the beginning. The defense paid very little attention to the victim’s statements and spent almost all of their energy on trying to convince the jury, and now the public, that we as parents are the reason why this has happened, which is disgusting and shameful …
“We were told from the beginning of this ordeal that nearly 100% of the time, in these types of cases, the defense attacks the parents, and sure enough, they did, and they still do. Knowing this from the beginning helped my husband and I maintain discipline on how to respond to our daughter about these events when she brought them up.”
The defense lawyer has said that the mother and daughter had 100 “discussions” about details of the case, questioned truth of allegations.
Amy Declercq explained, “Ms. Smith has brought up both during the trial and since -- Ms. Smith stated we had ‘100 discussions’ with our child about what happened to her. This is extremely misleading because she uses the word ‘discussion’ in your previous article and, in the courtroom, she used the word ‘conversations.’ The terms ‘discussion’ and ‘conversation’ imply an open back-and-forth about a topic. She cites these 100 instances because we logged every disclosure our daughter made to us throughout the investigative stage of (Bob’s) crime. When Ms. Smith uses the word ‘discussion;’ she actually means ‘disclosure’ and we were very specific and disciplined in how we handled each time our child brought up what happened to her.
“I am a mandated reporter (as a teacher) and receive yearly training on how to react and respond correctly when a child discloses abuse. The morning after our daughter disclosed, we were on the phone with a friend of a friend who works at the Child Advocacy Center on the west side of the state. She gave us information about next steps and reiterated the importance of how to talk to our child when she brings these things up without using any kind of leading, coaching, or suggestive language--and thank God she did. In hindsight, it was one the most important phone calls we made throughout this entire process. This woman we spoke to didn’t know us, had never met our child, never met the accused, didn't know the details of the disclosure and yet told us matter of factly that the defense was going to attack us as parents and that it happens almost 100% of the time. And she was right.”
“The defense’s own expert stated (based on examples during cross examination) that the way we handled our daughter’s disclosures was NOT ‘leading’ nor ‘indicative of being coached’ whatsoever.”
The defense lawyer has questioned the health of the victim’s mother, saying, “It’s very clear that the mother has some really serious mental health issues.”
Amy Declercq said this has been part of an ongoing attempt to attack her and her husband as parents.
“For the record, I willingly and voluntarily submitted my entire medical history to the court. During court, Ms. Smith kept referring to these records as ‘The 4,000 pages of medical records,’ implying all of them were only mental health visits which is wildly misleading. These 4,000 pages of medical files included my comprehensive pediatric file, sprained ankles, vaccination records, ER visits, OBGYN visits, appointments with my primary care physician, and my entire mental health history from my personal therapist and University of Michigan Psychiatry. My mental health was brought up in testimony and I am comfortable stating publicly that the only mental health diagnosis I have is Post Traumatic Stress Disorder (PTSD) from doctors at U of M Psychiatry. I regularly see a wonderful therapist, and have done so for the last eight years. In no way, shape or form, am I the ‘insane person’ they are trying to paint me as. PTSD doesn’t make one insane, ask the veteran community. I am an award-winning teacher, and pride myself on being a good mom.
“In fact, it might make you wonder how I got PTSD in the first place. The defense’s focus on my mental health has become a cyclical return to the abuse (Bob) committed.”
A child reveals abuse, defense ‘targets’ mom
Amy Declercq said, “Let’s take a minute and think about the defense strategy in general. A child discloses abuse and the defense targets the mental health of a parent(s). Apparently, that is standard defense strategy in these types of cases. While luckily I don’t suffer from the mental health issues they have tried to discredit and defame me by, let’s imagine there is a parent out there that does, and the dangerous precedent that defense strategy sets. Let’s say there is a child who has a parent who does struggle with extreme mental health issues. This defense strategy suggests that because the parent has mental health problems, the child’s testimony should not be heard nor believed. That is sickening! We all know mental health is a problem in this country, which means there are many children who live with parents who have mental health conditions. Is the defense saying those children shouldn’t be believed?
“Children should not be void of justice no matter the mental health status of their parent(s)-- abuse is abuse and justice is justice. Luckily, my medical records disprove this assertion from the defense about my mental health but my heart goes out to the parent(s) who have children who won’t find justice because they live with mental illness. I can see how people could easily take the bait but this is a big distraction from what matters, the child.”
The defense lawyer has claimed the judge unfairly limited expert testimony, which is part of the appeal. And the defense lawyer alleged the mother added the case by disclosing her own experiences that led to criminal charges against Bob Declercq.
Amy Declercq wrote, “Ms. Smith stated during our daughter’s trial she considers these two separate cases as ‘one case’ and has been treating it as one case. Her claim I am ‘adding to the case’ is false. We reported our daughter’s disclosure and answered questions from the investigators. We haven’t ‘added’ anything to the case involving my daughter. In fact, there is an entire separate case, involving incidents from my childhood, which I won’t comment on because it is ongoing. The only person adding to this case is the person who keeps purposefully combining the two cases together. The defense continues to bring up separate events to try and distract from my daughter’s assault.”
The defense lawyer said the judge wrongfully allowed Amy Declercq to testify to alleged abuse at the hands of her father in 1994 as a little girl on Mackinac Island and also said that Amy Declercq didn’t report her alleged sexual assault until after the daughter’s incident. The defense lawyer portrayed the situation as a mother leading her child to make claims against a man she “hated.”
Amy Declercq explained, “While up north, I encountered a suspicious interaction between my father, my daughter and I. This led to us leaving the very next morning. Although we did notice some behavioral changes from our daughter when she returned from up north, I thought I interrupted a potential incident prior to it happening; we mistakenly didn’t think anything had happened at the time. We maintained this understanding of events until our daughter disclosed what had happened to her, roughly a year later.
In regards to my own assaults, some of the disclosures report dating back to the 1990s. To insinuate I only disclosed after my daughter’s assault is incorrect.”
Lawyer defended Nassar and Declercq
Defense Lawyer Shannon Smith has said she questions the claims of Amy Declercq against her father.
Smith had similar doubts involving Nassar, who was sentenced to more than 40 years in prison, telling WWJ Newsradio 950 in 2018, “I have a very hard time believing that my client could have even possibly assaulted that many people day in and day out in front of their parents, and that every single one of those things was a crime, but he was such a manipulator he got away with it.”
Support for sexual assault victims
Amy Declercq asked that the following organizations be listed in this article to provide support to victims of suspected sexual abuse:
The Mama Bear Effect is a non-profit organization formed in 2013 to respond to child sexual abuse and provide awareness and prevention education
The Washtenaw Child Advocacy Center is a program of Catholic Charities Washtenaw County in which the county prosecutor, local law enforcement, mental health, medical professionals, and victim advocates work together to conduct interviews and make decisions about the investigation, treatment, and prosecution of child sexual abuse, child physical abuse and child witnesses to violence cases. The Center works to minimize the trauma to children and families by offering crisis intervention services and emotional support as cases go through the legal system.
The Children’s Advocacy Center, a non-profit organization that supports young victims of abuse in Wayne, Holmes and Ashland counties since 2004.
RAINN (Rape, Abuse & Incest National Network) is the nation’s largest anti-sexual violence organization and has a hotline for victims (1-800-656-HOPE).
The Network/La Red 24-hour hotline for confidential emotional support, information, referrals, safety planning, and crisis intervention for lesbian, gay, bisexual, queer and/or transgender folks on the issue of domestic violence.
Amy Declercq and her husband talked with the Michigan Office of Attorney General about protocol related to speaking to the press after the trial. Declercq obtained permission in writing, which Shifting Gears reviewed prior to publication.
Phoebe Wall Howard covered competitive sailing for The Detroit Free Press for seven years. Find more of her sailing coverage here. Previously, she covered criminal justice.
Note: I’m a proud member of the Iowa Writers’ Collaborative. Please check out a great mix of political analysis, features and news from the Heartland here.
Applauding these parents & this child for their strength & perseverance! May they live in peace asap.
Ms Howard: Thanks for providing us with a very thorough in-depth report of the grief the victim’s family continue to go through. It takes plenty of courage to follow the allegation, charge, trial, and now sentencing to the end.
That very young victim will never shake the violation, while that sick criminal DeClercq attended parties, sailed, and probably set his eyes on another innocent victim.
Let us learn from your thorough report of the abuse of a child, the report to the police, trial, etc. Let us all listen to the kids.
Thanks
Stay Safe
PEACE
Gregg Wilczynski
Retired.