Sunday, March 15, 2015

DA refuses to prosecute custodial dad accused of raping 8year-old son--even though abuse corroborated by child porn found in home (Nashville, Tennessee)

So all the child porn found at the Pedo Daddy's house, all the porn that corroborated the boy's rape....Mom somehow "coached" that into being too?


Advocacy group criticizes DA over child rape case

Anita Wadhwani, 8:39 p.m. CDT March 14, 2015

A national child advocacy organization is criticizing Nashville District Attorney Glenn Funk for the delay in prosecuting a father accused of raping his 8-year-old son — a case the FBI turned over to the district attorney's office three years ago.

The father, a 58-year-old Missouri veterinarian, was arrested in August of 2012 after a grand jury issued indictments on four counts of child rape and one count of aggravated sexual battery. In a letter to Funk this week, Child Justice, a Washington, D.C.-based advocacy group, urged him to move forward with the trial. Executive Director Eileen King said she feared Funk would drop the case after a former prosecutor in charge of it left the district attorney's office. Funk is now serving as the chief prosecutor on the case.

"This child deserves some justice in his life after all that he has endured," wrote King. "Anything short of prosecuting this man who is believed to have committed these atrocities is, in our view, a miscarriage of justice."

Funk said he was reviewing the case as he would any other before proceeding. He will make a decision within the next three weeks about the next steps, he said.

The case has garnered national attention among advocates focused on how child sexual abuse allegations are handled in divorce courts and in the criminal justice system.

The criminal charges followed years of claims by the child's mother that her ex-husband was sexually abusing their son. A pediatrician, a child therapist and a caseworker with the Department of Children's Services also alleged the boy had been sexually abused, but no charges were filed until a 2011 FBI investigation found pornography and other items at the father's home that prosecutors said corroborate the boy's story.

By then, however, the mother had lost primary custody of the boy. A Robertson County family court judge had ruled that the mother's repeated insistence that her son was being sexually abused was untrue, "obsessive," and harmful to the child. He awarded custody of the boy to the now-accused father in 2007.

The father's attorneys have argued that the boy has been coached all along into making false accusations by the mother, who now has custody again.

The Tennessean does not identify victims of alleged sexual abuse and is withholding the parents' names to protect the identity of the child.

The case has been delayed once pending appeal on an interim order from the court, which rejected the father's efforts to require the boy undergo a psychiatric evaluation. An appeals court upheld the ruling. Then the chief prosecutor on the case resigned, among a group of lawyers who departed after Funk was elected as district attorney.

Reach Anita Wadhwani at 615-259-8092 or on Twitter @AnitaWadhwani.