In a recent ruling at Brooklyn federal court, a jury granted $2.78 million to an au pair, Kelly Andrade, who discovered that her employer had been secretly recording her with a hidden camera as she slept in their home in New York City. The jury directed Michael and Danielle Esposito to compensate Andrade with $780,000 for emotional distress and $2 million as punitive damages for the invasion of privacy caused by the camera Michael Esposito had installed above Andrade’s bed when she began caring for their four children in their Staten Island residence.
The civil trial, which concluded on September 12, marked the resolution of the lawsuit initiated by Andrade against the Espositos in 2021. Prior to this, Andrade reached a settlement with Cultural Care Au Pair, the agency that had placed her with the Espositos, for an undisclosed sum.
Andrade, a Colombian native, entered into an agreement with Cultural Care in 2020 while in Colombia, which entailed paying a fee, undergoing childcare training, and accumulating 200 hours of childcare experience to secure an au pair position in the United States. After completing the requisite training, Andrade relocated to the US in March of 2021 and moved into the Esposito household, where she was provided with a bedroom.
Over the ensuing weeks, Andrade noticed that the smoke detector above her bed was frequently being adjusted. Upon inspection, she unearthed a covert camera hidden within the smoke detector, containing numerous recordings of her undressed or in the process of dressing and undressing, as outlined in her lawsuit. Andrade had no knowledge of the surveillance device and had not given consent for any form of recording, the lawsuit stipulated.
Upon discovering the hidden camera, Andrade was confronted by Michael Esposito upon his return home, leading her to barricade herself in the bedroom as he attempted to forcibly enter. Subsequently, she managed to escape through a window, proceeded to alert the authorities, and formally filed a complaint against the Espositos.
Michael Esposito was apprehended but evaded imprisonment by pleading guilty to a second-degree felony count of unlawful surveillance. Following a year of counseling, he was permitted to retract his felony plea and instead plead to a misdemeanor charge of attempted unlawful surveillance.
Andrade, now residing in New Jersey at the age of 28, expressed dissatisfaction with the outcome of the criminal case, deeming Esposito’s punishment inadequate. However, she found solace in the civil verdict, according to her attorney, Johnmack Cohen.
Cohen expressed hopes that Andrade’s case would encourage other victims of harassment to come forward and pursue legal recourse, championing the importance of seeking justice in such circumstances. Meanwhile, legal representative Michael Gervasi stated that the Espositos are contemplating post-verdict actions, including the possibility of an appeal.
