Dad JOSEPH NELLES gets a whopping 9 months in jail for assaulting his 9-week-old son. He pleaded guilty to aggravated assault back in November. The baby suffered fractured ribs and a skull fracture while under Daddy's care--and it apparently wasn't the first time Daddy attacked the baby either.
But it's like these Canadian judges are always searching for and finding "mitigating factors"--at least for rapists and other violent male offenders. What "mitigating factors" could possibly explain why this freak assaulted a NEWBORN on more than one occasion? Oh, here it is. Daddy is weally, weally sorry. And he's lead an "exemplary life." (Huh?) And the poor thing suffers from a "signficant anxiety disorder." Oh dear! (Wringing my hands now). Well that 'splains everything!
Plus the shrinks promise us that Daddy will never, EVER do something like this again! Or at least that he has a "very low risk." Why? Because Daddy has taken parenting classes! (When do shrinks get their crystal balls anyway? Are they handed out with their diplomas at graduation?) I'm sure this "very low risk" will be of great comfort to the baby once Daddy is back in free society.
You know, the FR people are always saying that mentally ill abusive mothers control the mental health card. Not even close. If this were a mother who had assaulted her baby on more than one occasion, nobody would give a flying f*** how "anxious" she was.
Speaking of mom, why is there no mom in this story? How can you have a 9-week-old baby with no mother in the picture? Did the stork bring this baby to Daddy? What?
INVISIBLE MOTHER ALERT.
http://www.saultstar.com/ArticleDisplay.aspx?e=3010490
Infant assault lands dad in jail
By LINDA RICHARDSON, THE SAULT STAR
Updated 1 day ago
The courts must act as a "gatekeeper" for innocent children, a judge said Monday when he sentenced Joseph Nelles to nine months custody for assaulting his infant son in 2009.
"The twin objectives of denunciation and deterrence require the imposition of a custodial term," said Superior Court Justice Edward Koke, who also imposed two years probation.
After noting many mitigating factors in the Echo Bay man's favour, he said "the fact remains that an innocent child was seriously injured."
"This child cannot speak for himself and as pointed out by the Crown, the courts must assume the role of gatekeeper on behalf of (the victim) and all other children like him."
Nelles, 24, pleaded guilty to aggravated assault in November.
At that time, the court heard he confessed to police that he shook his nine-week-old son twice on Feb. 23, 2009.
He made the admission shortly after he brought the injured baby to the Sault Area Hospital.
The left side of the baby's head was swollen and bruised. A CT scan revealed his skull was fractured and there was blood on his brain.
He was transferred by air ambulance to the Children's Hospital of Eastern Ontario (CHEO) in Ottawa.
Tests conducted by a child abuse team found new and old injuries to the baby's head and brain, including the skull fracture and bruising to the frontal lobe of the brain.
Three of his ribs also were broken.
The head of the team indicated, based on the dating of the rib fractures and the bleeding in the head, the injuries likely occurred on separate occasions.
"She noted that shaking a baby, as confessed by the father, will not cause a skull fracture," Koke said.
In February 2010, the doctor reported the baby was doing well, but indicated the possibility of any age-related functional difficulties can't be predicted.
The judge said Nelles pleaded guilty "to one of the worst offences imaginable," intentionally inflicting harm on an infant with whom he was in a position of trust.
Despite that, "I do not find that Mr. Nelles is the worst of offenders," Koke said, pointing to many mitigating factors in the case.
These included Nelles' guilty plea, remorse, lack of a prior criminal record, and the fact that up until the incident, he had led an exemplary life.
Koke said the man's plea is "tempered somewhat" because there has been no explanation for some of the injuries that seem to be pre-existing and no explanation for the cause of the skull fracture.
While the extent of any cognitive damage to the child may not be known until he is in school, at this time he hasn't been diagnosed with any permanent injuries, the judge said.
Nelles, who suffers from a significant anxiety disorder, has taken steps to learn to deal with the psychological and emotional stressors that gave rise to his actions, Koke noted.
He has undergone treatment with a psychologist, who says Nelles is at a "very low risk to repeat the offence."
As well, he has worked to improve his parenting skills and has received a positive assessment from the Children's Aid Society, which has monitored the development of these skills.
During a sentencing hearing in January, prosecutor Mary Pascuzzi called for a sentence of one to two years (less a day) in a provincial facility, followed by probation.
Defence counsel Bruce Willson suggested a suspended sentence, or at the most a short, sharp jail term, plus probation.