Wednesday, January 21, 2015

Dad with previous conviction for domestic battery charged with sexually abusing 4-year-old daughter during visitation (Farmington, New Mexico)

Of course, the fathers-right lawyer is smearing the mother as a liar and alienator. Don't they always? It goes without saying that this will be served up as a "poor daddies have no rights" case.

In fact, it's the exact opposite. Why should a father with a CONVICTION for domestic battery, and a history of abuse against the mother, have any access at all? Or any credibility at all? Knowing how abusers think, you could almost predict that the father would somehow use the child to retaliate against the mother, which he did.

Dad is identified as ROBERT BATTAGLIA.

DA plans to charge Bloomfield father in district court for allegedly molesting 4-year-old daughter

Mother: Ex-husband deserves maximum sentence

By Steve Garrison The Daily Times
Updated: 01/21/2015 08:20:54 PM

FARMINGTON — A 26-year-old Bloomfield man is expected to be charged in district court with two child sex offenses after being accused of molesting his 4-year-old daughter.

Robert Battaglia was charged in November in Farmington Magistrate Court with first-degree criminal sexual penetration of a child and criminal sexual contact with a minor, a third-degree felony. The case was dismissed without prejudice last week.

San Juan County Chief Deputy District Attorney Dustin O'Brien said his office will soon refile the case in district court. He said his office has decided to pursue charges in district court for procedural reasons.

Because of the alleged victim's age, O'Brien said, a judge will need to determine whether she is competent to testify in the case.

O'Brien said competency means the child must "understand the difference between true and false and be able to prove to the court's satisfaction that they will be truthful." He said even if the child is allowed to testify, the defense may dispute that testimony.

While those issues can be resolved in magistrate court, O'Brien said, it would likely be appealed to the district court anyway, regardless of the magistrate judge's decision.

According to the arrest warrant, the young girl's mother, Casey Emery, contacted Aztec police officers on Oct. 23.

Emery told police her 4-year-old daughter made statements to family members indicating she had tongue-kissed her father, Battaglia, and had sexual contact with him.

Emery further told police her daughter had recently tried kissing her uncle and her little sister on the mouth.

The girl later told investigators she kissed her father on his genitals, and he did the same to her, the warrant states. She said none of this occurred when other people were present, according to the warrant. Attorney Arlon Stoker of the Stoker Law Firm is representing Battaglia. He said his client "adamantly denies" any of what allegedly took place.

Stoker said he believes Emery, who divorced Battaglia in February, encouraged her daughter to make the claims as an act of revenge.

"We believe that this was taken up by his ex-wife, who laid all of this stuff out on the lawn," he said.

Emery denied that claim in an interview with The Daily Times.

She said while Battaglia was abusive to her during their relationship, they were not fighting when her daughter said she was molested.

According to court records, Battaglia was found guilty in August 2010 of battery against a household member.

Emery said in the interview that her daughter had been lashing out before she told her about the alleged abuse.

"She was throwing fits," Emery said. "She was crying like a 2-year-old. She started reverting really bad."

Emery said her daughter is in counseling and now recovering.

She said she would like Battaglia to receive a maximum sentence if convicted.

"She is more grown-up than a 4-year-old should have to be, because of him," she said.

Battaglia faces up to 24 years in prison if convicted of both offenses.