THREE UNDERAGE SEX ASSAULT CHARGES AGAINST FORMER ELMO PUPPETEER KEVIN CLASH DROPPED, JUDGE CITES STATUTE OF LIMITATIONS EXPIRED

Three of the underage sex assault charges that Kevin Clash faced were dismissed by a New York judge

On July 1st, a federal judge in New York City dismissed three lawsuits against Kevin Clash--the longtime voice of Sesame Street character Elmo. The judge claimed that the alleged victims waited too long to file their lawsuits against Clash, and since their claims came six years after the incidents, they should have understood what happened--therefore they no longer have the right to seek any damages.

In November Clash retired from his lucrative 28 year career with Sesame Street, becoming the man behind the cuddly, furry, and ticklish character Elmo. In a statement he said, "...a very heavy heart. I have loved every day of my 28 years working for this exceptional organization. Personal matters have diverted attention away from the important work Sesame Street is doing, and I cannot allow it to go on any longer. I am deeply sorry to be leaving and am looking forward to resolving these personal matters privately."

The resignation came after the second accuser college student Cecil Singleton sued him for more than $5 million, accusing Clash of having sex with him back in 2003 when he was 15. He also claimed that he suffered adverse psychological and emotion effects, and that he was persuaded to meet up with the puppeteer for sex. His lawsuit was one of the three that was thrown out on Monday.

One accuser who was simply identified as John Doe stated that he had a sexual encounter with Clash in 1996 when was 17 years-old.

Another man, makeup artist Kevin Kiadii came forward and said he was lured to Clash apartment in 2005 at the age of 16.

Alleged victims: Cecil Singleton (left) and Kevin Kiadii (right) both had their claims against Kevin Clash thrown out

At the time that they filed the claims--all of which fell outside of the standard six year statute of limitations- saying they they were not initially aware of the 'adverse psychological and emotional effects' of the encounters.

However that reasoning did not stand with the judge

"The complaints in these cases were filed more than six years after the defendant's conduct with each plaintiff ended," Judge John Koeltl said after tossing the three cases on Monday.

Jeff Herman, the lawyer representing Singleton, put out a statement saying that this is not the end of the legal battle. "The statute of limitations is an arbitrary timeline that silences victims,'" Herman said in a statement. "We believe that the victims in this case are within the statute of limitations, but this ruling highlights the need for a window in New York to allow victims to have their day in court."



"This is the first battle. We plan to appeal the decision and continue the fight to be a voice for victims."

The claims all began with 23 year-old aspiring model Sheldon Stephens coming forward claiming sexual abuse by the hands of Clash when he was 16. After TMZ did some heavy investigation and found that the Pennsylvania native had a long history or legal issues which included--writing bad checks, reckless driving, and robbery.

Soon Stephens, came out and recanted his statement through his lawyer, Stephens withdrew from his initial stance, "'He wants it to be known that his sexual relationship with Mr Clash was an adult consensual relationship. He will have no further comment on the matter."