Category Archives: Law

November 9, 2014 · 1:00 am

American Horror Story

WARNING:  Graphic Images

A three year old boy was beaten to death by his mother and her boyfriend this week. Prosecutors have called his death an American horror story.

Scotty McMillan was tortured for three days by Jillian Tait and Gary Fellenbaum [1]. The child was hung by his feet, and struck with a whip. He was tied to a chair, punched, and beaten with a metal rod. His head was put through a wall.

The nurses who ultimately saw the little boy’s wounds wept. Scotty was gone by then.

We can discuss statistics. The rate of physical abuse is up. Three quarters of the most seriously abused children seen in hospitals in 2009 were on Medicaid, suggesting that poverty is a major stressor on families [2].

We can discuss failures by the system. Scotty’s six year old brother, also regularly abused, attended school. Despite a legal duty to report suspected abuse, no teacher or school counselor contacted authorities.

We can discuss spirituality and moral responsibility. Surely, this was a violation of the laws of God and man. Any mother’s natural instinct would have been to protect her children, rather than inflict harm on them.

We may never know what led Tait and Fellenbaum to act in this inhuman manner. Were they once abused themselves or witnesses to abuse? Were they psychopaths without empathy or sadists excited by the pain of their victims? Whatever the answer, nothing excuses their actions.

Ultimately, the rest of us must remain vigilant for the signs of abuse in children, even those not our own. We may be their only hope.

A list of 10 frequent signs of child abuse can be found at the Safe Horizon website http://www.safehorizon.org/page/10-signs-of-child-abuse-58.html.
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[1] NBC 10, “Mom, Boyfriend Beat Boy, 3, to Death inside Chester County Home: Prosecutors” by Dan Stamm, 11/6/14, http://www.nbcphiladelphia.com/news/local/Chester-County-Child-Abuse-Murder-281806151.html.

[2] CBS News, “Serious Injuries from Child Abuse on Rise, Especially in Infants” by Ryan Jaslow, 10/1/12, http://www.cbsnews.com/news/serious-injuries-from-child-abuse-on-rise-especially-in-infants/

FOR MORE OF MY ARTICLES ON POVERTY, POLITICS, AND MATTERS OF CONSCIENCE CHECK OUT MY BLOG A LAWYER’S PRAYERS AT: http://www.alawyersprayers.com

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September 21, 2014 · 1:00 am

Private Matters

The after effects of the Ray Rice situation continue to be felt. For those who do not follow sports, Rice was discharged by the Ravens after the video of his assault on now wife, Janay Palmer, became public.

To show their support for Rice, many female fans have made it a point to continue wearing Rice jerseys to the game. A group of NFL wives expressed their view that the assault was an isolated incident (highly unlikely) and a private matter, between Rice and Palmer.

Earlier this summer, Greg Hardy of the Panthers was convicted of beating his girlfriend and threatening her life. Ray McDonald of the 49ers has been charged with domestic violence for injuring his pregnant fiancée. After being discharged from two different teams for domestic abuse (slapping one girlfriend, and stalking another), Chris Rainey has been signed by the Cardinals.

Meanwhile, Adrian Peterson of the Vikings has been indicted on child abuse for using a switch to discipline his 4 y.o. son.

Are all these private matters?

Do fame and high salaries – or perhaps the revenue generated for the owners – make sports figures immune from the standards which apply to the rest of us? Should we simply turn away?

Or is there a point at which society should intervene to protect the weak?

FOR MORE OF MY ARTICLES ON POVERTY, POLITICS, AND MATTERS OF CONSCIENCE CHECK OUT MY BLOG A LAWYER’S PRAYERS AT: http://www.alawyersprayers.com

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September 14, 2014 · 1:00 am

Respect

“I do deeply regret the role that I played in the incident that night…I love Ray, and I know that he will continue to prove himself not only to you all but the community, and I know he will gain your respect back in due time [1].”
– Janay Palmer Rice

This was the statement Janay Palmer made at the first press conference she and her then fiancé Baltimore Ravens running back, Ray Rice, held after Rice knocked her unconscious in an elevator at the Revel Casino & Hotel in Atlantic City.

The couple were married one day after a grand jury indicted Rice for 3rd degree aggravated assault.

The Ravens released Rice from his contract in response to the public outcry after video of this incident was circulated. Rice is seen delivering a left hook to the smaller and weaker Palmer while the two bickered, then dragging her body carelessly into the hall.

Much has been said about the penalties the team and NFL should have imposed from the outset. Formal standards have now been put in place, regarding domestic violence.

Two questions, however, remain. Why would a successful football player feel the need to coldcock the mother of his child, a woman he claims to love? And why would the victim of his assault feel she should apologize for it? Continue reading →

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August 3, 2014 · 1:00 am

Dry Bones

“Prophet Ezekiel” by Michelangelo, Sistine Chapel (1510), Author/Source Web Gallery of Art (PD-Art, Old-100)

“Therefore prophesy and say to them, ‘Thus says the Lord God: “Behold, O My people, I will open your graves and cause you to come up from your graves, and bring you into the land of Israel” ‘ “ (Ezek. 37: 12).

The Old Testament prophet, Ezekiel had a widely known vision in a valley of dry bones.

The corpses there had been scorched by the sun, picked over by vultures and jackals.  God spoke to Ezekiel and asked if the bones could live again, to which Ezekiel replied that only God knew the answer.  God then instructed Ezekiel to prophecy, and life was restored to what was a vast army.

Though Bible commentators agree that the bones were a symbol of Israel, this passage has a highly personal meaning for me.

Many times in my life I have been at the end of my strength.

As an abuse survivor, I have walked lonely beaches at night, and cursed hope for drawing me forward toward another dawn.  As an advocate for the poor and a lawyer responsible for the welfare of clients and staff, I have fought many a losing battle.  As a woman with chronic health problems, I have sat in emergency rooms at 3AM, and more than once lain prostrate in public restrooms, unable even to call for help.

Rarely did God make Himself known to me, in these circumstances.  Unlike Ezekiel, I saw no visions, heard no voices.  But at all times God was present.  It was from God my strength derived, and He that carried me through the worst ordeals. Continue reading →

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June 29, 2014 · 1:00 am

Dead Babies

“They even sacrificed their sons and their daughters to demons, and shed innocent blood, the blood of their sons and daughters, whom they sacrificed to the idols of Canaan; and the land was polluted with blood” (Ps. 106: 37-38).

This seems to be the season for dead babies. That is not intended as a callous remark, merely a sad observation.

• A 15 month old Georgia baby named Emily somehow crawled 300 yards from her home through woods to the edge of a nearby highway [1]. Thankfully, she was rescued in time by a passing motorist. Although the baby had fallen down an embankment, she was unharmed.

• Another Georgia baby, 22 month old, Cooper, was left by his father for 7 hours to die in a hot car. A troubling search was conducted on the family computer re: how long it would take for an animal to die in similar circumstances. The father is said to have gone out to the car at lunch without assisting the child [1A].

• Anna Marie was not lucky either. The 9 month old was left for nearly 4 hours by her father in the back of his truck [2]. The baby’s core temperature was 109 degrees when examined by Florida emergency personnel. She was long dead by that point.

• In Iowa, a 4 month old boy named Gabriel was found dead after having been left for an hour with his 17 y.o. father [3]. The baby had been adopted but returned to his 16 y.o. birth mother, at her request.

Last year, 44 babies died of heatstroke. So far, 12 have died this year. A parent or guardian is charged with neglect in about half such cases.

Most of us find events like this shocking. But these numbers do not begin to scratch the surface. Some 1600 children will die from abuse in the USA this year [4]. Another million will be denied life while still in the womb [5].

How is it we cannot manage to take better care of our children? Continue reading →

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June 8, 2014 · 1:00 am

In Plain Sight

Earlier this year, Brian Fanelli, a 54 y.o. suburban police chief, was charged with distributing child pornography [1]. While the charges are being contested, the prosecutor indicates over 800 pages of evidence have been obtained, as well as several videos with sexually explicit images of underage girls.

Fanelli, who is married, is alleged to have confessed that he was first drawn to child pornography while doing research on sexual abuse. The former police chief at one time taught abuse awareness to children. Fanelli was initially suspended from his post. He has since resigned.

The lesson is one we have encountered before. Predators are not easily identified. They do not all wear dirty raincoats. Too often, they can be respected members of the community, hiding in plain sight…priests, police officers, politicians.

We must be vigilant in guarding our children, yet not give way to paranoia. Unfortunately, there is no formula for this.  All we can do is remain attentive to our children’s needs, and sensitive to changes in their behavior.  And love them.
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[1] CBS NEW YORK, “Former Mount Pleasant Police Chief Faces 10 Years on Child Porn Charges,” 5/20/14, http://newyork.cbslocal.com/2014/05/20/former-mount-pleasant-police-chief-faces-10-years-on-child-porn-charges/.

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June 1, 2014 · 1:00 am

Juvenile Justice

According to Mark Twain, “There are three kinds of lies:  lies, damned lies, and statistics.” To most of us, statistics are drier than dust. But numbers can be revealing.

• Earlier this year, the Coalition for the Homeless reported a record-high number of 53,000 homeless regularly spending the night in New York City shelters [1]. Nearly half are children. In March, conditions at two city shelters were found to be so horrific that 400 of these homeless children had to be removed for health and safety reasons.

• Using the “zero tolerance” policy toward school violence as a basis, then popular Pennsylvania judge, Mark Ciavarella, sentenced over 2000 high school students – some without benefit of counsel – to incarceration for offenses as insignificant as swearing at another student’s mother, and creating a false MySpace page. Once in the criminal system, some remained imprisoned for years. At least one committed suicide [2] [2A]. Continue reading →

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March 30, 2014 · 1:00 am

Overcoming the World, Part 3 – Pedophilia Redefined

A change in the latest edition of the American Psychiatric Association’s Diagnostic and Statistical Manual (DSM) heralds a trend towards destigmatizing (and ultimately legalizing) pedophilia.

Those who are sexually attracted to children but have not yet acted on their desires are no longer classified as having a psychiatric condition [1].  Only if such persons prove harmful or dangerous will they be diagnosed as having “pedophilia syndrome”.

This raises the possibility that molested children will soon have the legal burden of proving they suffered any harm from the abuse. In fact, it foreshadows a time, not so far in the future, when child molesters will not be prosecutable at all. The stomach roils in disgust.

Vernon Quinsey (professor emeritus in psychology at Queen’s University, Ontario) and Hubert Van Gijseghem (psychologist and retired professor from the University of Montreal) are two of the “experts” who have advised legislators that pedophilia is a sexual orientation, comparable to heterosexuality and homosexuality [2].

Russia has considered outlawing this reclassification, in an attempt to sidestep the controversy [3]. Iran has meanwhile legalized pedophilia [4]. A new law there permits stepfathers to marry their adopted daughters as young as age 13.

Tragically, this is not the full extent of the evil now taking hold in the world.

Daniel Cohn-Bendit, Co-President of the Greens/European Free Alliance in the European Parliament, is promoting pedophilia as a part of his political agenda. Continue reading →

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March 2, 2014 · 1:00 am

Fate of the Predator

“Well, I was there and I saw what you did.
I saw it with my own two eyes.
So you can wipe off the grin. I know where you’ve been.
It’s all been a pack of lies…
Well, I remember. I remember, don’t worry.
How could I ever forget?…
The hurt doesn’t show; but the pain still grows.
It’s no stranger to you or me.”

– In the Air Tonight by Phil Collins

Justice demands that predators – those who harm children for their own pleasure – be punished for their crimes, and prevented from harming additional victims.  But the justice system necessarily has limitations.

Proof can be difficult to come by.  A child may not survive the abuse or may not be able to speak of a violation for years.  Parents may choose that their child not undergo the rigors of a trial.  Predators may be institutionally shielded (as by the Roman Catholic Church), may relocate, assume a new identity, or even pass away, in the intervening years.  Supportive evidence can be lost.

This does NOT warrant vigilantism.  Whatever the temptation, we cannot ally with evil. The end does not justify the means.

What then is the fate of pedophiles? Recidivism is a grave concern.  There are predators whose conscience is seared to such an extent that it no longer functions.  One study, however, found that suicide among non-violent child sex offenders is 183 times more common than in the general public [1].  There are, of course, victims who commit suicide, as well.

In the end, our fate is not dependent on the fate of the predator.  That bears repeating.  Justice matters.  But our fate is not dependent on the fate of the predator.

Whatever the outcome in a particular case, we can trust that there will be perfect justice in the next world, if not in this. “He is the Rock, His work is perfect; for all His ways are justice…” (Deut. 32: 4).
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[1]  National Center for Biotechnology Information (NCBI), US National Library of Medicine, National Institutes of Health, “Differential suicide rates in typologies of child sex offenders in a 6-year consecutive cohort of male suicides” by C. Pritchard and E. King, http://www.ncbi.nlm.nih.gov/pubmed/16040578.

FOR MORE OF MY ARTICLES ON POVERTY, POLITICS, AND MATTERS OF CONSCIENCE CHECK OUT MY BLOG A LAWYER’S PRAYERS AT: https://alawyersprayers.com

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January 26, 2014 · 1:00 am

No Fairy Tale

The AP is reporting that Pope Francis defrocked some 400 priests in the last two years for raping and molesting children [1].

During the same period, an international alliance of police agencies traced and demolished a global child pornography ring. Over 300 arrests were made in Canadian-directed Operation Spade.  ABC.net quoted police spokesperson, Joanna Beaven-Desjardins, as saying, “It is alleged that officers located hundreds of thousands of images detailing horrific acts against young children, some of the worst that they have ever viewed,”[2].  More than 350 victims were, also, rescued.

Sadly, this is what passes for good news among abuse survivors.  And it is good news. Do not misunderstand.

The hours police spent on thankless, but necessary, tasks – the careful forensic analysis; the endless review of films depicting torture and violation; the phone calls traced; the witnesses interviewed; the false leads explored – not to mention the disappointments; the cold cups of coffee; and the peace of mind forever lost, were well worth the effort.

The 350 or more lives saved by police cannot be over-valued. Even one life saved would have been priceless. And vindication for the victims abused by priests is long overdue.

But this is no fairy tale. The benefit to victims is only prospective, not retroactive. Their scars remain.

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[1] AP, NewsBreak: Pope defrocked 400 priests in 2 years, by John Heilprin and Nicole Winfield, 1/17/14, http://www.nbcnews.com/id/54101969#.UtmHqrTTncs.

[2] ABC.net, 66 Australians arrested as Canadian police smashed ‘horrific’ child abuse sex ring, 11/15/13, http://www.abc.net.au/news/2013-11-15/global-child-pornography-ring-smashed-by-canadian-and-australia/5093498.

FOR MORE OF MY ARTICLES ON POVERTY, POLITICS, AND MATTERS OF CONSCIENCE CHECK OUT MY BLOG A LAWYER’S PRAYERS AT: http://www.alawyersprayers.com

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