Dad who assaulted 6-week-old daughter, leaving her with permanent brain damage, successfully appeals "excessive" 7 1/2 year sentence (Scotland)

Classic abuser daddy coddling. Dad is identified only as SD.

http://www.scottishlegal.com/2015/10/05/baby-shaking-assault-father-successfully-challenges-excessive-sentence/

Baby-shaking assault father successfully challenges ‘excessive’ sentence

A father who left his baby daughter brain-damaged after shaking her and throwing her down on to a couch in a “deliberate and violent assault” has had his seven-and-a-half year prison sentence reduced following an appeal.

The Criminal Appeal Court quashed the sentence and imposed a custodial term of six years and nine months after ruling that the sentencing judge’s starting point of nine years – which was discounted due to the unnamed father’s guilty plea – was “not consistent with what was held to be appropriate in these cases”.

Lord Brodie and Lord Drummond Young heard that the appellant “SD” pled guilty at the trial diet of assaulting his six-week-old daughter to her severe injury, permanent impairment and to the danger of her life.

The High Court in Glasgow was told that he had become “frustrated” with the baby and “lost control” after she had kept her parents awake during the previous night.

While the sentencing judge accepted that there was “no wickednesss” in his actions, she viewed this as a “deliberate and violent assault” using a degree of force which was “obviously likely to cause serious harm” to a six-week-old baby, who was left with catastrophic, life threatening injuries.

On 31 March 2015 she sentenced the appellant to seven-and-a-half years’ imprisonment – discounted by around 15 per cent from nine years for the “utilitarian benefit” of the guilty plea, albeit that it had been tendered very late.

But the appellant challenged the sentencing judge’s characterisation of what he had done as being “obviously likely to cause serious harm”.

It was submitted that it would not have been apparent to a layman that such serious harm would be caused by the degree of force which had been used in the case.

There was a short period of shaking by a “hands on” father where there was “no history of previous abuse” of the child.

It was a “momentary loss of control” lasting a few seconds on the part of a young man who was a “loving father” and who had not previously served a custodial sentence.

In these circumstances it was argued that a starting point of nine years imprisonment was “clearly excessive”.

The appeal judges accepted that the consequences of the assault were “unintended” by the appellant, but did not accept the submission that the risk of some degree of serious harm to a young baby was not such as to be obvious to a layman.

Delivering the opinion of the court, Lord Brodie said: “On sentencing in a case of assault assessment of the seriousness of the offence will usually involve consideration of two potentially independent factors, the culpability of the offender’s act and the severity of the consequences of that act.

“We say potentially independent because the likelihood of it having adverse consequences is relevant to the judgment as to the culpability of a particular act. In this case, the consequences of the assault on the child were catastrophic.

“The sentencing judge says in her report that it is difficult to conceive of a more vulnerable victim than a six week old baby. We can only agree and we would see that as being clear to any parent, however inexperienced that parent may be.

“We therefore consider that the sentencing judge was correct to approach this case as one which involved a significant degree of culpability as well as a catastrophic result. She was entitled to take the view that only a significant custodial sentence was appropriate.”

However, the judges noted that she was not addressed on the issue of “comparative justice” and said they did not consider that a starting point of nine years was consistent with what was held to be appropriate in these cases.

Lord Brodie added: “In the present case there was evidence that the appellant had shaken the baby and then violently thrown her down onto a couch. Whether or not the throwing of the infant onto the couch exacerbated her injuries, it pointed to an act of real aggression on the part of the appellant. We see that as something which requires to be reflected in the sentence imposed.

“Accordingly, we shall quash the sentence imposed on 31 March 2015 and impose an alternative sentence of six years and nine months. We have arrived at that figure by taking a starting point of eight years imprisonment and discounting that by a similar percentage to that adopted by the sentencing judge.”

October 5, 2015

Dad charged with abusing 2-year-old children (Yadkin County, North Carolina)

Notice there is no mention of mother in the home. Dad is identified as JOHN MICHAEL HORNE.

http://www.wxii12.com/news/Man-charged-in-Yadkin-County-child-abuse-investigation/35014118

Man charged in Yadkin County child abuse investigation
John Michael Horne jailed under $100K bond

UPDATED 10:47 AM EDT Aug 31, 2015

YADKIN COUNTY, N.C. —A man faces multiple charges in connection with an abuse investigation involving his two children in Yadkin County.

John Michael Horne was arrested following an investigation that began Friday, Yadkin County deputies said.

Horne was charged with felony habitual misdemeanor assault, two counts of misdemeanor child abuse, two counts of misdemeanor assault on a child under 12 and misdemeanor assault on a handicapped person.

He was held under a $100,000 secured bond in the Yadkin County jail pending a Wednesday court appearance.

Deputies said a family member of the children contacted them with concerns that the 2-year-olds were being abused by their father.

Evidence from the home backed up the allegations, deputies said.

One of the children has a medical condition, deputies said.

No other information has been released.

Death of teen boy severely abused by father in infancy ruled a homicide (Augusta, Georgia)

Dad is identified as JERRY LEE HOOD.

http://www.41nbc.com/story/d/story/death-of-teen-with-shaken-baby-syndrome-ruled-a-ho/20579/iEpOo-RUo02v543a4AV5bg

Death of teen with shaken baby syndrome ruled a homicide 

 07/22/2015 04:38 PM  07/22/2015 04:38 PM    

AUGUSTA, Ga. (AP) — The death of an Augusta teenager who suffered from shaken baby syndrome dating back to 1999 has been ruled a homicide.

Richmond County Coroner Mark Bowen tells The Augusta Chronicle (http://bit.ly/1CUBxTl) that the results of a Georgia Bureau of Investigation autopsy were returned last week, determining that 16-year-old September Watson died on Feb. 22 as the result of a brain injury she suffered 16 years ago.

Watson's father Jerry Lee Hood received a 20-year sentence in 2000 after being convicted of cruelty to children and aggravated battery for violently shaking Watson as an infant. Prosecutors said the incident caused Watson to become a quadriplegic.

Assistant District Attorney Natalie Paine told the newspaper it is too early to say if new charges will be filed against Hood.

Custodial dad, step arrested for severely abusing 5-year-old daughter (Kota Baru, Malaysia)

Still an UNNAMED DAD.

http://news.asiaone.com/news/crime/girl-5-abused-father-and-step-mother-nabbed

Girl, 5, abused: Father and step-mother nabbed

The Star/ANN Tuesday, Jun 30, 2015

KOTA BARU - Police have arrested and re­­mand­ed the couple suspected of severely abu­sing a five-year-old girl.

The father and stepmother were picked up at a shop in Jalan Bayam here at 10pm on Sunday.

Kelantan police chief Deputy Comm Datuk Mazlan Lazim said yesterday the man aged 39 and his 25-year-old wife had been remanded for a week to facilitate investigations.

The child was admitted to the Raja Perem­puan Zainab II Hospital here after her biolo­gical mother found welts, cuts and bruises on her body and lodged a police report.

Medical examination showed that the child, who has 13 broken bones, might be permanently disabled.

The abuse, believed to have been inflicted on her over the past two years, might have resulted in her one thigh bone being shorter than the other.

The father kept the child after he divorced her mother in 2013.

Her medical condition came to light after the stepmother handed over the girl to her biological mother recently, saying they were unable to care for her.

Custodial dad with criminal history (including battery involving a police officer) insists he did not beat his kids; claims ex-wife "instructing" them (Chatanooga, Tennessee)

This a very fathers rights oriented article. Poor little custodial dad JOHNNY FIELDS---who incidentally has a criminal history with at least one reported case of battery against a police officer--is totally innocent!

It's that lying ex alienating the kids against me! I'm telling the truth but at least three other people are lying!!!

It's bullsh**.

It's starts with the deliberately confusing language that FRs are very fond of, that some varying chunk of child allegations are "false." That language is never used. CPS says "unfounded" or "unsubstantiated", which means that the allegations supposedly can't be proven. And CPS is infamous for supposedly finding no proof of child abuse allegations even in the most egregious cases, especially when fathers are involved. Partly because they are brainwashed into believing that fathers must be "involved" no matter what.

And no, women are actually less likely to lie about abuse than men, especially men with violent histories.

But despite that, FRs insist that vindictive mothers are doing all this "alienation" and lying while insisting on the dude's total innocence--even when the father has a documented history of violence.. This is what they teach their guys. It's totally out of their playbook on how to get custody.

How much you want to bet that this guy has a history of domestic violence too? But he won't own up to that, I'm sure.

And yes, violent fathers are more likely to get custody too. Partly because they tend to be pathological liars who are intent on smearing the mom, and partly because they intent on destroying and punishing her by taking her kids away from her.

See the relevant research here.

http://www.wdef.com/news/story/Father-says-abuse-claims-are-false-I-would-never/U0CNOwOfH0WoVnPhIpF9Sg.cspx

Father says abuse claims are false: ' I would never hurt my kids.'

Reported by: Erik Avanier


Published: 4/20 5:47 pm Updated: 4/20 7:20 pm

CHATTANOOGA, Tennessee(WDEF) - A father accused of child abuse vows to fight tooth and nail to clear his name.

Last week WDEF first reported on Johnny Fields, 51, of Chattanooga after he was booked into the Hamilton County jail on a charge of child abuse and neglect.

After posting bail, Fields contacted WDEF and requested that his side of the story be told.

"It's been a struggle to me. I've been standing like a man and doing the best I can do for my kids and they just wipe this in my face," Fields said while tears rolled down his eyes.

According to the arrest affidavit, Fields repeatedly punched his 12-year old daughters face. He is also accused of pulling her hair and beating her ribs.

Police found a small red scratch under the the girls eye and took Fields into custody.

Another child who said he witnessed the attack told officers he had to pull Fields off of the girl.

Both kids told police, "This happens a lot at home."

Child protective services was called to further investigate.

But Fields; a physically handicapped father with only one hand told WDEF a different version of what happened.

He said he came and found his children fighting over a lap top computer. He said his 12 year old was combative and even took swings at him. Fields told WDEF that he was trying to protect himself from being hit so he held her head down to keep her from using both hands to swing at him.

WDEF asked Fields about the scratch police found under her eye.

"If she had a red spot under her eye, I didn't do it. I'm her daddy and I would never hurt my kids or do anything to harm them," Fields said.

WDEF then asked Fields about a quote in the arrest report where the children say the abuse happens all the time.

"That's a darn lie. My kids know that's a lie. I've done everything I could do; selling scraps and fixing law mowers; trying to provide food for them and to take care of them like a father should. And this is the only thank I get; a slap in the face," Fields said.

Fields told WDEF he believes his ex-wife has been instructing the children to tell police they were abused so he could loose custody of his children. WDEF was never able to get in contact with his ex-wife to get her reaction to that allegation.

But according to legal experts who have defended clients with similar claims, there are cases where one parent has coerced children into making false accusation against another parent. WDEF spoke to defense attorney Jerry Summers who has experience defending clients who are believed to be falsely accused of child abuse. Summers said he always look for red flags that may determine motive for making a false claim of abuse.

"Is there a pending child custody battle? Is there a divorce pending. Are government benefits involved? Is one party trying to get child support by getting a custody change from one parent to another? Those are things you look for," Summers said.

Unfortunately, while there are many legitimate cases of child abuse by a parent, there is also illegitimate claims that end up in the court system.

"It's more prevalent than you realize. Usually the ones that the prosecution and the DA's have the ultimate decision where they think it's a valid case or not. Sometimes they objectively look at it and realize there's not a case, those cases go away," summer said.

According to the U.S. Department of Health and Human Services, in 2010, 40-percent of child abuse cases in this country were proven false.

"40-percent of false charges; that still leaves an awful lot of scars on a lot of people. You can get rid of the charge but you may not get rid of the stigma," Summers said.

Fields is trying to avoid the stigma of being labeled an abusive parent. During an interview with Fields, he tried hard not to cry but emotions eventually took over.

"I getting out of jail with tears coming out of my eyes because I know I did the best I could do," Fields said.

WDEF contacted Child Advocacy Center of Chattanooga but officials declined to comment about how they weed out false claims from legitimate ones. In full disclosure, Fields admitted to WDEF that he has a criminal past which includes battery on a police officer. But he maintains that was a long time ago and that he has turned his life around.

Fields is currently out of jail on a $3,000 bond awaiting a May 8th court date.

Dad's abuse leaves 6-week-old baby permanently disabled; gets 5 years in prison (Perth, Australia)

UNNAMED DAD

http://www.abc.net.au/news/2015-02-14/father-jailed-for-shaking-baby-son2c-leaving-him-disabled/6098530

Father who left baby son disabled after shaking him jailed for five years

By Joanna Menagh Posted Fri at 5:39pmFri 13 Feb 2015, 5:39pm

A 35-year-old Perth father who shook his six-week-old son and left him permanently disabled has been sentenced to five years' jail.

The man, who cannot be identified for legal reasons, pleaded guilty to causing grievous bodily harm to the baby in the days before Christmas in December 2013.

Whilst the exact cause of the child's injuries was not known, the District Court was told medical experts believe they were most likely the result of him being vigorously shaken.

The child, who is now 15 months old, suffered a serious brain injury.

He was left permanently blind in one eye and there was a strong risk he would develop cerebral palsy.

However, the court heard that because of his young age, medical experts were not able to definitively list the permanent injuries he would suffer.

The injuries came to light after the baby was taken to the Joondalup Health Campus by his mother because he was suffering seizures.

In police interviews, the father said he had gone to the child in the middle of the night because he was crying.

Father 'frustrated at constant crying'

The man initially said he had "no recollection" of doing anything, but later he admitted he may have dropped the baby onto a lounge because he was frustrated about his constant crying.

He also said it was possible he had shaken the child, but not violently. Judge Simon Stone said the crime was "a serious instance of aggravated grievous bodily harm".

"You owed your child a duty to support and protect that child," he said. "I accept it's not a case of deliberate infliction of serious injury, but your actions constitute a profound breach of trust ... as a father to a helpless infant who was entitled to look to you for care and protection.

"You've ruined his life from a very young age ... There is a need for general deterrence in cases such as this."

However, Judge Stone accepted that the man was remorseful and that the offence was out of character.

He also gave him a discounted sentence because of his plea of guilty.

The man will have to serve three years before he can be released on parole.

Memorial for 4-year-old boy beaten and killed by father during visitation (Louisville, Kentucky)

Killed the very fist time Daddy had visitation....

Dad is identified as CHRISTOPHER BRUCK.

http://m.wave3.com/wave/db_347733/contentdetail.htm?contentguid=xuXGom3x

Memorial honors child who died after being hit by father

Posted: 01/12/2015 12:19 AM

LOUISVILLE, KY (WAVE) - Loved ones gathered Sunday to remember a little boy who died after police say his father beat him.

Amanda Dukes, mother of 4-year-old Hayden, said, "He had a smile that lit up the entire room."

Hayden passed away on Thursday at Kosair Children's Hospital.

Police say Hayden was visiting his father, Christopher Bruck, in Underwood, Indiana, when Bruck hit the child because he was annoying him as he tried to watch television.

Family and friends came together for a memorial service at the Sun Valley Community Center in Louisville to honor his life and raise awareness of child abuse.

Hayden's mother said it was the first time the special needs child had stayed with his father.

She said she never imagined that her son wouldn't come home after visiting Bruck.

Officials are awaiting further test results before they determine Hayden's cause of death.

The Clark County prosecutor says he is reviewing the case to see if additional charges will be filed.

Dad viciously beats 4-year-old son during first overnight visitation; prognosis grim for survival (Louisville, Kentucky)

We've posted on this case before. We had noted that there was a curious omission regarding the mother. And now we know why. The dad was, in fact, a single father, and the assault took place during THE FATHER'S FIRST OVERNIGHT VISITATION.

This is what happens with the triumph of fathers rights ideology. Contrary to their lies, mothers are not "gatekeepers" who are "depriving" fathers of their kids. On the contrary, mothers are being brainwashed into thinking they must include violent men in childcare functions. Even when the kids are special needs and under the age of 5. These idiots don't have the nurturing skills or patience to deal with toddlers and babies--especially if these is a developmental disability involved. So they freak out on them, like dad CHRISTOPHER BRUCK "allegedly" did.

http://www.whas11.com/story/news/local/2015/01/05/prognosis-grim-for-ind-child-allegedly-assaulted-by-father/21315343/

Prognosis grim for Ind. child allegedly assaulted by father

Whitney Harding, WHAS11.com 11:58 p.m. EST January 5, 2015

LOUISVILLE, Ky. (WHAS11) – Smiling, lively and always hungry – that's how Jessica Fields remembers her nephew, four-year-old Hayden.

"He was so happy," she said. "He's a good sweet loving little boy. It breaks my heart. The boy, he loved food. It was so crazy."

Hayden's short life so far hasn't been easy. He was born with a rare genetic disorder called DiGeorge that can result in poor development in several different ways.

"I know he's four and he don't talk," Jessica explained. "He started walking probably about a year ago. He's been through the physical training, you know all the stuff to try and get him improving. He goes to a special needs school…It would've been hard the rest of his life trying to live a normal life. Now he probably won't even say the little words he was saying. He won't be able to walk."

On Saturday night Jessica received a call from her step-sister, Hayden's mother, telling her Hayden was at Kosair Children's Hospital after he had been staying with his father, Christopher Bruck. Jessica said to her knowledge Hayden had not stayed the night alone with his father until this visit.

"[His mother] wanted so bad [sic] for Hayden to have his father in his life and I'm sure she blames herself for this happening," Jessica said.

Hayden's brain was bleeding severely and he had bruises all over his body -- injuries that doctors believed came from child abuse. Indiana State Police (ISP) questioned Bruck about the incident and eventually he was arrested for aggravated battery.

According to the arrest affidavit, Bruck was watching TV and Hayden kept getting up into his father's face and pulling on his hand. Bruck told ISP he lost control and hit Hayden in the forehead causing the boy to fall backwards and hit his head on the carpeted concrete floor. The affidavit states that Bruck said he hit the boy so hard it hurt his hand.

"He could be a vegetable for the rest of his life," Jessica said. "Only half of his brain has blood flow. The other half where he had his surgery has no blood flow…He's not going to be normal ever again. That's all we know -- ever again."

Jessica says she hopes that her nephew can somehow be a miracle child and pull through, but no matter what she wants to see justice.

A GoFundMe account has been set up to help with Hayden's medical expenses. He is having more tests on Tuesday and the family is hoping for some positive news.

Dad arrested for assaulting disabled son (Brunswick County, North Carolina)

Dad is identified as WESLEY BRYANT.

http://www.wwaytv3.com/2014/10/09/deputies-man-assaults-handicapped-son

Deputies: Man assaults handicapped son

Submitted by Elizabeth Bynum on Thu, 10/09/2014 - 2:18pm.

BRUNSWICK COUNTY, NC (WWAY) -- The father of a handicapped child is accused of assaulting his son.

According to an arrest warrant, Brunswick County investigators said Wesley Bryant grabbed his handicapped son by the neck twice, picking him up and throwing him back down into his wheelchair.

Deputies said the incident happened Tuesday; Bryant was arrested Wednesday.

The child, who is less than 16 years old, had scrapes and other injuries to his calf and elbow, the warrant said.

Bryant is charged with assault on a handicapped person and child abuse; both are misdemeanor charges.

Dad charged with felony abuse of 5-month-old son; baby has permanent brain damage (Lehi, Utah)

Familiar pattern. Dad had multiple cover stories, and wouldn't call 911 himself.

Dad is identified as PAUL KARDOS.

http://www.deseretnews.com/article/865603228/Lehi-man-charged-in-child-abuse-investigation.html

Lehi man charged in child abuse investigation

By Pat Reavy, Deseret News

Published: Thursday, May 15 2014 2:55 p.m. MDT

Updated: 21 hours ago LEHI — A Lehi father has been charged with child abuse inflicting serious bodily injury, a second-degree felony, after allegedly shaking his 5-month-old son.

On April 19, Paul and Nicole Kardos got into a heated argument, according to charges filed in 4th District Court. They each left the house at separate times.

Nicole Kardos left the house at 11 a.m. believing her husband would be home from work at 1 p.m., according to court documents. She left her 5-month-old twins in the care of her 9- and 11-year-old sons.

Paul Kardos didn't get home until 6 p.m., however, and then went out to buy Easter candy for the children. He and Nicole Kardos continued fighting through texts and emails, and Nicole Kardos decided to stay the night at a hotel rather than go home, according to court records. Paul Kardos later admitted to police he was frustrated, according to the report.

When Nicole Kardos returned home the next morning, her husband was "in a panic" because their 5-month-old son, Pauly, "appeared dead, was not breathing, was unresponsive, and his limbs were limp," according to court records.

Paul Kardos said he ran the young boy under cold water in an attempt to revive him, but his wife said he seemed "resistant to calling 911," the charges stated.

Nicole Kardos called 911, and paramedics responded and advised the couple that the infant needed to be taken to the hospital immediately, the report stated. The parents said they would take the child themselves rather than have the paramedics do it.

But Nicole Kardos didn't show up at American Fork Hospital until an hour later, according to the charges. Paul Kardos later told police he thought the baby was fine and didn't need to go to the hospital anymore, the charges stated.

Doctors in American Fork found internal head trauma and had Pauly flown to Primary Children's Hospital.

Paul Kardos submitted to a "voice stress lie-detection test" by police but later told his wife that he "messed with the test by pausing before answering each question."

When questioned by investigators, he offered explanations for the baby's injuries ranging from blaming his sons to claiming his wife had snuck back into the house during the night and harmed him, according to court records.

Ultimately, Paul Kardos didn't have an explanation for how the injuries occurred, according to the charges.

Paul Kardos was charged on May 7, the same day Pauly was released from the hospital. But Pauly was readmitted Monday to have fluid drained from around his brain, according to a website set up to raise funds for the infant's hospital bills.

"Pauly has lost the majority of his eyesight and sensory function. He can not swallow without aspirating. He has seizures. He has no head control and has muscle issues on the right side. MRIs show a portion of his brain is permanently damaged," according to the blog.

Single non-custodial dad pleads guilty to murdering 7-year-old daughter, but says he didn't rape her (South Africa)

It is reported that the child's mother "passed away a long time ago" and that the child lived with the grandmother. Gee, do we know for a fact that Mom died from natural causes?

Too bad the grandmother let Daddy come anywhere near this little girl, since he admits that he strangled her to death. But boy, he didn't rape her. No sirree!

I sure wouldn't take Daddy's word for it. This piece of sh** thinks that semen just sort of found its way to his daughter's genitals without him raping her?

Dad is identified as SUNNYBOY PHAKIMPI MNISI.

http://citizen.co.za/177302/father-admits-killing-epileptic-daughter-denies-raping/

National 13.5.2014 07.53 pm

Father admits to killing epileptic daughter, but denies raping her

Sunnyboy Phakimpi Mnisi, 32, from KaMhlushwa near Malalane, pleaded guilty to murder and pleaded not guilty to two charges of rape, a Sapa correspondent reported.

He voluntarily admitted that he unlawfully caused the death of his daughter, Ayanda Nokuvela Mnisi, 7, by strangling her after she started having seizures.

He admitted to forcefully hitting Ayanda’s head against the floor on August 16, 2012, and running away after he realised that she was dead.

Mnisi testified that he then called his mother and informed her that he had killed his own daughter.

When State prosecutor George Baloyi asked the court to keep the accused in police custody as he had pleaded guilty to the murder charge, Mnisi refused to be detained.

“No, no, no! This will not happen. I am not going inside there. You asked me to plead, and now you want to lock me up. Call my mother first or this is not going to happen,” Mnisi said to the court orderly.

He tried fighting two policemen who were ordered to take him to his cell, but they overpowered him.

His mother was called and she went to comfort him as he was escorted to police cells.

Before the case was adjourned, Mnisi’s sister, Norma Prudence Mnisi, testified that she received a call from their mother informing her that Mnisi had killed Ayanda.

“As I was a member of the Community Policing Forum (CPF), we went to his house to investigate and found the doors wide open. After entering, we found the child lying on the floor inside his bedroom. She was already dead,” she said.

Norma said the naked child’s face was covered with a T-shirt and her private parts with her school dress.

“I walked out of the house and contacted my sector manager and the police. The child’s mother passed away a long time ago and the girl lived with our mother.

“The accused arrived home the next day crying, after his brother fetched him from the veld where he was hiding. He apologised to the family, saying he had done something wrong by killing the child. He was shaking and did not say much,” Norma testified.

Dr Jan Marais, who conducted the post-mortem on the child, testified that she suffered an injury to the back of the head and died as a result of strangulation.

He added that there was semen on both her private parts, indicating she had been raped.

Marais said as he had performed the post-mortem six days after the girl’s death, he could not establish whether the rapes happened before or after her death.

Judge Ebenhaezer Jordaan said the court needed to call a pathologist to establish whether the rapes happened before or during or after the victim was murdered.

The trial continues. - Sapa

Dad charged with abusing infant son; baby now blind and on ventilator (Laurinburg, North Carolina)

Dad is identified as ANDREW MICHAEL OETZEL.

http://robesonian.com/news/news/4549603/Child-faces-hard-future-after-abuse

Child faces hard future after abuse

By Rachel McAuley
1 days 6 hours ago

LAURINBURG — During his first days of life, Charlie Oetzel was like any other normal, healthy baby. He ate, slept and cried. He needed constant attention.

When Audrey Blades noticed that her son had developed a lazy eye and wouldn’t eat, she rushed him to a doctor — and then, for a brain scan.

“The doctor came in and told me had been shaken,” Blades said.

Now, at 4 months old, Charlie requires a ventilator. He is blind and his brain has trouble regulating his body’s temperature.

“It’s life-changing,” Blades said. “Even if he makes a miraculous improvement, my son won’t be the same. His sister won’t be able to play with him the way I played with my brother. We don’t know what he’s going to be capable of — it’s playing the waiting game.”

According to dontshake.org, Shaken Baby Syndrome occurs when an infant or small child hits their head or is violently shaken. Symptoms include irritability, decreased appetite, difficulty breathing, seizures, and an inability for an infant to lift their head or focus their eyes.

Blades hopes her son’s case will inspire others who suspect child abuse to come forward. In 2011, 106 Scotland County children were abused or neglected, according to ncchild.org

“You could save a baby’s life — like Charlie’s — just by speaking up,” Blades said.

Laurinburg police have charged Charlie’s father with felonious child abuse. Andrew Michael Oetzel, 24, was arrested on Feb. 6 and jailed under a $100,000 bond.

“Be very aware,” Blades said. “Very aware. … If you see anything, hear anything — you don’t have to be directly involved, but don’t just sit back.”

Blades has been told that Charlie had been shaken at least twice, but doesn’t know exactly when. She now wishes she had paid more attention to “the little things,” like hearing Oetzel “raise his voice” at Charlie or talk to him “like he was an adult.”

“He wasn’t soft-spoken with the baby or soothing,” Blades said.

A child with Shaken Baby Syndrome can suffer learning, physical, visual, hearing, behavioral and speech impairments. It can lead to cerebral palsy, a loss of motor activity and muscle control, seizures and death.

“I’m glad he’s home because I had to see him every day (at the hospital),” said Pamela Scott, Charlie’s grandmother. “I get upset sometimes because it never should have happened, but as far as Charlie … I’m glad he’s still here.”

Charlie’s hypothalamus, a part of the brain that regulates chemicals and hormones, is injured. Scott said she and Blades had to keep Charlie bundled in hats and blankets to keep him warm.

Dad poisons 16-month-old son, smothers him, throws him off bridge (China)

The police account doesn't pass the smell test.

We're supposed to believe that this guy's wife just up and left him and their son because of disagreements over "parenting issues" and because she "didn't make an effort to look after the family."

Then within MERE DAYS of this alleged occurrence, this supposedly normal father (if not being highly intelligent) is a depressed homicidal maniac who poisons the boy with pesticides and him, before dumping him in a bag which he throws off a bridge.

Bull crap.

First of all, this is a classic abuser accusation. She didn't take good care of me. Pure narcissism.

Plus, in the vast majority of cases, these kinds of killers don't suddenly snap. They have been violent and abusive all along.

And how do we know all this about the mother? Daddy's say so? I would just about bet that the mother was abused as well, and driven out of the home. That is, if she was not killed as well....

Dad is identified only as FENG.


http://shanghaiist.com/2014/04/20/young-father-poisons-toddler.php

Young father poisons toddler, smothers him and throws him from bridge

A 16-month-old toddler named Yu was murdered by his own father, Feng, when the man fed his son pesticides then smothered him with tape to suffocate him upon finding that he was still alive. Wanting to make sure that his son was definitely dead, he put Yu in a bag and threw the bag from a 5-meter-high bridge, according to local reports.

In the early morning of 9th of Sep 2013, a few construction workers, who were working under a bridge in Shenyang, Liaoning province, found a bag containing the body of a baby whose nose, eyes and mouth were all covered by tape.

The police arrived soon after and confirmed the baby’s death. People who were at the scene told reporters that the baby was around 2 years old with chubby cheeks. He was wearing a striped coat and a pair of jeans. Some of his other clothes were inside the bag as well. The police immediately issued a search notice for the dead baby’s relatives. Ten days later, they shockingly confirmed that it was Yu’s father who had killed him.

This horrible killing happened only a few days after Feng’s wife Hong left the family. Feng and Hong got married in 2011 and had baby Yu, who was born with congenital clubfoot in June 2012. The couple had been constantly arguing with each other since Yu was born. Feng had argued with Hong because of her frequent visits to Internet cafes and over parenting issues. He claimed that Hong didn’t make an effort to look after the family. So, not wanting to deal with the volatile marriage, Hong chose to leave Feng and her baby. After Hong left, Feng became very anxious and depressed. Raising the son on his own apparently contributed to the anxiety and depression. On September 8, when Yu was sick and crying all day, Feng felt that he couldn’t deal with the baby anymore and decided to end the crying by killing Yu.

After police questioned Feng and he admitted the crime, they suspected he may have psychological problems. They sent him to Liaoning Forensic Hospital Mental Health Department where doctors were unable to diagnose any apparent mental issues. However, they found that his intelligence level was slightly lower than normal peoples’, and suspected that’s why he couldn’t control himself when he felt the impulse to kill his son. Although Feng confessed to murder, he lacked remorse and, at the time of the killing, he was not aware of the consequences of committing such a horrible crime.

The police concluded that Feng’s unhappy marriage with the boy’s mother Hong and the boy’s congenital clubfoot led to the father’s anxiety, depression and loss of faith in life. The child’s crying had, at the time, fueled his depression and anxiety symptoms more.

Feng has been prosecuted for intentional homicide.

By Mandy Yang

Dad to stand trial for murder for 2005 assault of 6-week-old son (San Diego, California)

Hmm. Notice what is missing in this account. We're told that the baby was living "with the defendant" at the time of the assault, when the victim was only 6-weeks old. Then the baby was put up for adoption.

So what happened to the person who gave birth to this baby, commonly known as the mother? Totally erased from the story as if she had never existed. Was BILLY JOE STRINGFIELD a single dad? Why and how? And what happened to Mom?

http://www.10news.com/news/ramona-father-to-stand-trial-in-sons-murder

Father to stand trial in Ramona son's murder

Posted: Apr 18, 2014 Updated: 23 hours ago

SAN DIEGO - The biological father of a Ramona boy who suffered serious brain injuries as an infant and died as a blind and bedridden 6-year-old must stand trial on charges of murder and involuntary manslaughter, a judge ruled today.

Billy Joe Stringfield, also known as Billy Joe Springfield, is accused in the death of Samuel Dahlke. The child died at his adoptive family's home in Ramona in November 2011.

An autopsy determined Samuel died from the aftereffects of a head injury he suffered when he was about 6 weeks old, authorities said.

Stringfield was convicted of misdemeanor child abuse in 2006. The then 23-year-old defendant was sentenced to four years’ probation.

Authorities said Samuel was violently shaken in 2005 while living with the defendant in San Diego's Golden Hill neighborhood. The child's name was changed to Dahlke following his adoption.

Following a preliminary hearing today, Judge Joan Weber found that enough evidence was presented for Stringfield to stand trial. A status conference was set for July 1.

Dad gets 6 1/2 years in prison for putting infant son in permanent coma (Rockford, Illinois)

As usual, all kinds of excuses and coddling for an abusive father. If a mother had done this to a baby, she would have been demonized as an unfeeling monster.

Dad is identified as MATTHEW MCNABB.
 
http://www.rrstar.com/article/20140307/NEWS/140309390/?tag=1

Machesney Park dad sentenced in shaken baby case

By Jeff Kolkey
Rockford Register Star
Posted Mar. 7, 2014 @ 3:03 pm Updated Mar 7, 2014 at 4:25 PM

ROCKFORD — Ruling that a violent outburst that left Matthew McNabb’s infant son in a permanent coma was out of character, Judge John Truitt on Friday sentenced him to 6½ years in prison.

A jury on Nov. 25 found McNabb, 36 of Machesney Park, guilty of the aggravated battery of a child. Jurors sided with prosecutors who argued McNabb had shaken then infant Tyler McNabb so violently Jan. 1, 2006, it caused permanent brain damage and left him in a “permanently vegetative state.”

Truitt cited an outpouring of 35 letters from family, friends and acquaintances that described McNabb as gentle, loving and helpful. But he noted that the testimony of a nurse who provides some of Tyler’s home health care as most persuasive.

Her testimony supported what was in those letters and in court testimony, Truitt said. She described how McNabb cared for the now 8-year-old boy and said it was a “miracle” that Tyler had never had to be re-admitted into the hospital given his injuries.

“This was out of character,” Truitt said. “Everything I’ve heard and read indicates the actions that led to these injuries was a momentary lapse of judgment.”

Truitt also cited McNabb’s lack of significant criminal history in his decision.

The sentence is just six months more than the minimum required for the Class X felony conviction. He must serve at least 85 percent of the 6½-year sentence under truth-in-sentencing guide lines. McNabb must serve three years of parole following his release.

The sentence was handed down after a day of emotional testimony. McNabb’s Assistant Public Defender Edward Light said the testimony and letters were the heart wrenching culmination of a tragic case.

“This case will haunt me forever,” Light said. “It was an absolute horrendous verdict.”

Assistant State’s Attorney Wendy Larson had argued at trial that Tyler’s retinal and brain bleeding, the swelling of the brain and permanent brain damage were evidence of shaken baby syndrome.

Jurors apparently believed her arguments and the doctors who testified on behalf of prosecutors despite a defense expert who attempted to argue that Tyler’s injuries weren’t necessarily caused by abuse.

Larson said the testimony of friends and family was the result of manipulation and called it “blowing smoke.”

Tyler should be in the third grade now. He should be learning to pitch a baseball. He should be learning to kick a soccer ball. Instead, he breathes only with the help of machine and is forever confined to a bed and wheelchair and a permanent sleep.

“No one is here to speak for Tyler, so I have to,” Larson said, adding that McNabb should be held accountable.

Family members, including McNabb’s wife, Keely, and 16-year-old stepson, Skyler, testified.

Skyler said McNabb has always treated him like a son and that he is a kind and patient father figure and role model.

Keely testified that McNabb provides excellent care for Tyler McNabb and their other two children. McNabb was tearful for much of the testimony that at times was emotional as they described the loss they will feel while McNabb serves time in prison.

McNabb put his face in his hands and wept when Keely said that her father, who she said suffers from dementia, would likely be placed in a nursing home without McNabb there to assist the family.

She also testified that it is extremely difficult for her to find work because of the care that Tyler requires even with home nurses helping.

McNabb expressed his appreciation for the support of family during the eight years he has fought child abuse charges. He continued to say he is innocent.

“I’ve been many things in my life, but child abuser is not one of them,” McNabb said.

Bail for primary caretaker dad accused of beating 4-month-old son (Attleboro, Massachusetts)

Familiar story. Dad is unemployed/unemployable for an unidentified "disability." But basically he's like a lot of other short-tempered dudes with no nurturing skills or empathy. All of this adds up to predictable results: a father who freaks out on a crying baby and beats him.

Dad is identified as RYAN ELLIS.

http://www.thesunchronicle.com/news/local_news/bail-for-attleboro-father-accused-of-beating--month-old/article_2238d586-a3cf-11e3-8eef-001a4bcf887a.html

Bail for Attleboro father accused of beating 4-month-old set at $50K cash

Posted: Tuesday, March 4, 2014 1:59 pm | Updated: 3:49 pm, Tue Mar 4, 2014.

BY DAVID LINTON SUN CHRONICLE STAFF

ATTLEBORO — An Attleboro father charged with breaking his 4-month-old son’s leg was ordered held in jail on $50,000 cash bail today after a judge heard that doctors doubted his explanation for the injury.

Ryan Ellis, 22, of 14 Jackson St., Apt. 2, told police different stories about what happened to his son, including that he slipped from his shoulder as he was trying to burp the infant, according to police.

He pleaded innocent in Attleboro District Court to assault and battery on a child under 14 causing serious bodily injury.

But, Assistant District Attorney Erin Aiello argued that doctors treating the boy at Hasbro Children’s Hospital in Providence said the right leg injury was consistent with twisting it enough to break it.

The boy, Tristan, remains hospitalized today and is wearing a cast, but is “doing well,” a family member told reporters.

According to prosecutors and court records, the boy suffered older injuries, including a brain injury that occurred about 72 hours before his leg was broken on Sunday, and a broken rib that has since mended.

When asked by Judge Daniel O’Shea, Aiello said the defendant is not charged with causing the prior injuries. Prosecutors “may not be able to pin that to the defendant,” she said.

The judge called the injuries “horrific.”

Aiello said Ellis takes care of the baby while his girlfriend, the mother of the child, works and goes to school. Because the boy fell once while the defendant fell asleep, Aiello said the mother insisted that her mother watch the baby with him. However, Ellis was alone with the child Sunday, the prosecutor said.

Police were called to the couple’s apartment on Jan. 14 after a resident on the first floor called police. The neighbor reported hearing the defendant yelling and swearing at the child and the sound of slapping.

“Shut the (expletive) up. Stop crying,” Aiello said, quoting the neighbor.

Another neighbor reported hearing “thumping” noises or something being dropped on the floor, according to the prosecutor. Police say they found nothing amiss when they performed a well-being check.

When the defendant called 911 on Sunday to report the leg injury, Aiello said Ellis did not sound alarmed by such a significant injury.

As he was being booked, according to police, Ellis asked how long he was going to be at the police station. He said: “I didn’t mean it. I didn’t mean to hurt my son,” according to a police report.

The state Department of Children and Families has taken temporary custody of the child, according to Aiello.

Ellis has no prior arrest record and is a 2011 graduate of Norton High School. He has family in Mansfield and works sometimes with his girlfriend’s father moving furniture for an auction company, his lawyer, Stella O’Leary said.

He and the child’s mother, Crystal Grenon, have been together for two years. “This is an unfortunate situation. The baby obviously has some injuries,” O’Leary said.

Grenon’s father, Joe Grenon, said he was shocked and confused about the allegations and about his grandson’s prior injuries. He said he did not know Ellis as a person capable of causing harm to the infant.

“Ryan’s a good kid. He works for me. I’ve seen him with his son. He has what it takes to be a great dad,” Grenon said.

“I believe what happened was just an accident. It’s being made out to be a lot more than what it really is,” he added.

He said Ellis has a disability and described him as a “klutz” at work. He said Ellis and his daughter have had issues with their landlord, one of the individuals who complained to police.

Ellis was arrested by Detective Sgt. Arthur Brillon after an investigation by himself, Patrolman James Malley and Detective Matthew Cook.

Ellis is due back in court for a probable cause hearing March 26.

Aiello said the charge against Ellis is a felony with no district court jurisdiction. She said the case will be recommended to go before a grand jury for indictment and prosecution in superior court.

The charge carries a maximum penalty of 15 years in prison.

Killer dad ruled insane in decapitation of 7-year-old son (Thibodaux, Louisiana)

Insane? I'm not sure about that. Past postings have clarified that dad JERMIAH WRIGHT was an unemployed, "stay-at-home" (i.e. deadbeat) dad who was supported by the mother. Yet all he did was whine and complain. Notice that Daddy didn't kill the boy till the mother announced she was leaving--the telltale sign of a domestic violence retaliation murder.

http://www.sunherald.com/2014/02/14/5341046/lawyer-father-ruled-insane-in.html

Lawyer: Louisiana father ruled insane in child's decapitation

ASSOCIATED PRESS

February 14, 2014

NEW ORLEANS -- A Louisiana father accused of cutting off the head of his disabled 7-year-old son has been ruled not guilty by reason of insanity, his defense attorney said Friday.

Kerry Cuccia said the ruling by state District Judge John LeBlanc came Friday in the case against Jeremiah Wright, 32, of Thibodaux.

Cuccia said Wright will be returned to the state mental hospital in Jackson where he had been held.

Wright has been in custody since August 2011, when Jori Lirette was killed and his head left in the yard of the home Wright was sharing with Lirette's mother, Jesslyn Lirette. The boy had required around-the-clock care and was fed through a tube.

Cuccia said prosecutors agreed to the ruling.

A call seeking comment from District Attorney Cam Morvant was not immediately returned.

Wright faced a first-degree murder charge in the Aug. 14, 2011, death. The boy's head was found in the driveway. His other body parts were found in nearby trash bags.

According to a sworn police statement, Wright told investigators he had recently seen signs that made him believe he was living with a CPR dummy rather than his son.

Those signs, he said, included being defecated and urinated on the morning he decapitated and dismembered the boy, whom he referred to throughout the statement as "the dummy."

He also told police he and Jesslyn Lirette had fought the evening before, and that she had told him she was moving him out of the house.

DHS employees fired after 15-year-old boy dies in home of custodial father (Tulsa, Oklahoma)

UNNAMED DAD was obviously custodial, and it is also apparent that the mother did not live in the home. No word on what happened to the mother at all, or why she was erased from this story.

http://www.sfgate.com/news/article/Okla-agency-to-fire-2-over-15-year-old-s-death-5222013.php

Okla. agency to fire 2 over 15-year-old's death

By JUSTIN JUOZAPAVICIUS, Associated Press

Updated 2:41 pm, Monday, February 10, 2014

TULSA, Okla. (AP) — Oklahoma's Department of Human Services said Monday two employees will be fired for mishandling a case involving a disabled 15-year-old boy who died of pneumonia last year after suffering alleged neglect and abuse at his father's home.

The state agency also said an internal investigation has prompted the agency to beef up how it improves child protection — particularly when DHS becomes involved in cases with children who have mental and developmental disabilities.

The embattled agency was restructured beginning in 2012 after several high-profile cases in which children died while in state custody.

Quinten Wood died Jan. 4 of acute pneumonia in 2013. His sister, Valerie Wood-Harber of Fayetteville, Ark., said she started calling DHS in mid-December 2012 after her other brother, Cameron Wood, then 14, told her he was in charge of bathing, clothing, cooking for and looking after Quinten at their father's home.

Wood-Harber said she made 22 calls to DHS that were never returned. She took her brother's cause to Gov. Mary Fallin last month, saying children with disabilities needed "stronger advocates in the Capitol."

"All of Quinten's siblings — Mary, Cameron, Joshua, and I — are so grateful to know that his life and the horrific circumstances that led to his death have inspired change in this broken system, and will hopefully prevent what happened to him from happening to another child — that's exactly what Quinten would want.," Wood-Harber said in a statement Monday.

A message seeking comment left at a phone number listed for the father in Oklahoma was not immediately returned. No charges have been brought in Quinten's death.

"Ms. Wood-Harber deserves full credit and our appreciation for pushing the system —our agency, law enforcement, the school and health care officials — to investigate the circumstances that led to Quinten's death," DHS Director Ed Lake said in a statement.

"Ms. Wood-Harber refused to let her brother's death be accepted as something unpreventable that occurred as a result of his disability," he said.

Despite the death, Lake said the agency has confidence in its child-welfare workforce.

"Child protection is anxious work. Our workers are making life and death decisions every day under tremendous pressure never to err. Given the nature of our work, the fragility of the families we serve, and daunting caseloads, we know that tragedies may occur despite our best efforts," he said.

Gov. Fallin said in a statement Monday that she was "absolutely heartbroken when a child's life is cut short," like Quinten's was.

"I am glad the Department of Human Services, under the leadership of Director Ed Lake, has treated this case as a priority. It is absolutely appropriate to dismiss any DHS personnel who were not following protocol," Fallin said in the statement.

Non-custodial mom arrested for not returning teen sons to abusive custodial father (Sioux City, Iowa)

UNNAMED DAD. Since this piece appears in a Native American publication, it emphasizes the discrimination against the Sioux mother. Not explored is the systematic discrimination against all mothers alleging abuse against a father, especially a custodial father.

http://indiancountrytodaymedianetwork.com/2014/01/06/sioux-mother-rescues-abused-children-faces-arrest-152971

Sioux Mother Rescues Abused Children, Faces Arrest

Stephanie Woodard 1/6/14

The emergency room doctor was furious at what he had seen, recalled Audre’y Eby, who is Rosebud Sioux and the mother of disabled 16-year-old twins. One of her sons, who is blind and autistic, squirmed on the examination-room table, screaming, “Ow, ow, it hurts!” The doctor had found livid red and purple bruises covering his penis and scrotum, according to the Nebraska hospital’s records. Those injuries would soon lead to an arrest warrant for the mother—not because she had caused the harm, but because she did not return her son, along with his wheelchair-bound twin, to their abusers.

Indian child welfare expert Frank LaMere called the twins’ situation more extreme than any he’d seen in his many years of work in the field. “These boys are suffering,” said LaMere, who is Winnebago and the director of Four Directions Community Center, in Sioux City, Iowa.

The day before the ER visit, Eby, who is 45, drove from the Nebraska farm where she lives with her husband, Faron, to pick up her boys from their father in Iowa. It was early August of 2013, and she was going to have them for the once-a-month weekend visit the courts allow her. The boys’ father is Eby’s ex-husband; he has physical custody of the kids, and his live-in girlfriend is their primary caretaker. Eby and the boys are Native, and the father and his girlfriend are white—facts that LaMere says overshadow decisions that social-services professionals and the courts make on the children’s behalf.

During the five-hour drive to Nebraska, both twins complained. Eby put the grumbling down to the road trip—a long one for such special-needs kids. The sighted twin has cerebral palsy and can suffer painful muscle spasms, and his brother has residual discomfort from a vehicle accident he was in with his father a few years ago. “We stop for breaks, but it’s a lot of sitting still,” Eby said.

The next day, the blind twin began complaining again, and Eby saw blood in his overnight diaper. Alarmed, she and Faron loaded both boys into their car and headed for the ER. After the exam, at a moment when only health-care personnel were present, the doctor took the opportunity to ask his patient, “Who did this to you?” The child named his father’s girlfriend. The doctor questioned the sighted twin, who confirmed his brother’s story.

The doctor told Eby that the injuries were consistent with being kicked in the groin. He immediately called Nebraska’s Department of Health and Human Services to report alleged child abuse, hospital records show. Eby says the physician also warned her that if she didn’t keep the boys until their wellbeing could be guaranteed in Iowa, he’d have to report her for exposing children to an unsafe situation: “He said Nebraska law required him to do that.”

Eby’s fateful decision to keep her kids in Nebraska soon led to an Iowa judge issuing a warrant for her arrest. She is trapped between the laws of two states and fearful for her sons’ safety.

The Nebraska doctor’s report launched an extensive investigation by Iowa’s Child Protective Services (CPS). The investigation included another physical exam and interviews of social workers, teachers and others who’d interacted with the twins. The boys participated in a Telemed closed-circuit TV interview observed by social-services and law-enforcement personnel in Iowa and Nebraska. (The twins’ names, and that of their father, whose last name they bear, are being withheld to protect the children’s privacy. All official documents quoted here were obtained under Iowa law.)

Both children claimed the kicking occurred after the blind twin was discovered masturbating. He tells the interviewer that his dad had once threatened that “he’s gonna cut my privates off” for doing that. At one point, the boy begs, “Please help me. I’m scared.”

The investigation led to a determination that the father’s girlfriend caused the groin injuries, which means the abuse was “founded.” The father and girlfriend already had several abuse and neglect determinations between them. CPS gave the twins its highest score for risk of abuse and recommended a criminal investigation.

The girlfriend has appealed the most recent abuse finding, according to Iowa Department of Human Services (DHS) documents. No charges appear to have been filed against her. She claimed the boy did the damage to himself and told CPS, “I love the boys and would never do anything to hurt either one of them.”

The father told ICTMN that whatever happened didn’t happen in Iowa and that the couple would appeal more of the abuse and neglect rulings. Over the years, 14 additional allegations have been investigated and dismissed, he noted.

Iowa DHS documents record a startling list of incidents at the father’s home: Among many, the father recently pressed on the wheelchair-bound twin’s nose until it bled, resulting in one of the founded-abuse determinations. On another occasion, the dad poured hot sauce down that boy’s throat while the girlfriend pressed her elbow into his neck to ensure he swallowed it. A social worker recounts watching the father smash a sandwich onto the blind boy’s forehead, purportedly to get him to eat his lunch. The girlfriend has stuffed a cloth down one boy’s throat to silence him. Punishments include cold showers.

Social workers describe quasi-military discipline. “I’m a veteran, and I'm trying to instill values like honor, loyalty and courage in my children,” the father said. “If that’s wrong, then a lot of parents are wrong.”

Judy Yellowbank, who is Winnebago and the program director at Four Directions Community Center, likened the twins’ treatment to torture. She charged that there’s a double standard in child welfare. “Native parents would be behind bars if they had committed the child abuse and neglect that these two white caregivers have,” Yellowbank said.

Following the recent kicking incident and subsequent abuse finding, Iowa DHS recommended returning the twins to their father’s home, with the caveat that the live-in girlfriend no longer be primary caregiver. When asked how that set-up would work from a practical point of view, the father refused to answer.

One of Eby’s attorneys, Judy Freking, of LeMars, Iowa, asked, “What is the purpose of a child-abuse investigation if, upon concluding that abuse occurred, DHS does not get involved, and DHS does not offer any services to correct the problem that led to the abuse of these boys?”

The father is determined to get the kids back, saying Iowa can provide them more services than rural Nebraska, where the Ebys’ farm is. He recently went to Iowa juvenile court, claiming that his ex-wife was keeping the boys in Nebraska because of “extreme hostility” toward his girlfriend. The judge agreed, writing in an order issued this past September, “It’s apparent this animosity has been a factor.” The judge noted the father’s claim that he had “fully and properly cared for the boys.” The order does not mention the founded abuse and neglect rulings or any criminal investigation.

In October, a district court judge issued an arrest warrant for Eby. She learned of it when it pinged into her email from the Iowa courts’ online system. “I couldn’t cry because my sons were here. I called Faron. He came home from work and sat with the boys, so I could get myself together. Faron has been such a powerful support in all this. We both want the boys living on the farm with us.”

After Eby and the boys’ biological father separated in 2003, when the boys were six, she cared for them. When they turned 12, she thought they should get to know their father. “At the time it seemed like a reasonable idea,” Eby recalled. As the problems in the father’s home mounted, she fought to get the boys back, succeeding briefly in 2011. Through all the abuse and neglect findings, Iowa DHS documents reveal, the agency’s goal has generally been to reunite the twins with their father, and the courts have concurred. He receives their social-security and other subsidies.

Attorney Freking wondered if the situation would have played out similarly if Eby had committed the abuse. LaMere has an answer, and it’s simple: No. He said that Eby’s situation is emblematic of the double standard Yellowbank described. Indian parents are expected to leap enormous hurdles to keep their kids—with no second chances and no benefit of the doubt, said LaMere.

“It does appear that Audre’y and her ex-husband aren’t on equal footing in terms of Iowa DHS recommendations to the courts,” said Freking. ) One of Audre’y Eby’s twin sons, who has cerebral palsy, receives stitches in an Iowa emergency room. The 16-year-old and his twin brother live with their father and his girlfriend. According to court records, the girlfriend sent the teen shopping alone in his wheelchair. He got lost and tipped off a curb, gashing his forehead. The incident resulted in one of several abuse and neglect findings for the father and his girlfriend. (Courtesy Audre'y Eby)

Patterns in Indian child welfare

Recently, Nebraska Department of Health and Human Services did a home study that confirmed Eby and her husband provide her twins with a good home. However, past turbulence in Eby’s life, including drug involvement as a young woman, may be why Iowa won’t grant her primary custody. “Audre’y has left those problems behind, she’s a good mother, and her home study is positive—but that’s not good enough,” said LaMere. “Many of us Native people have lived tough lives, and as far as the system is concerned, anything we’ve been involved with follows us forever. We are not allowed to grow and change.”

The phenomenon is common in Indian child welfare, LaMere continued. “I see it in meetings I attend with Native parents. The parent has solved the problem that caused the children to be taken away. Perhaps it hasn’t been an issue for years. But that’s never good enough. At one meeting, a social worker announced she’d found dirty dishes in the sink at the Native mother’s home, so she shouldn’t get her kids back. I became unglued. I stressed that the mother didn’t lose her children over dirty dishes, and they couldn’t be kept from her for this reason.”

The problem has its roots in history. Federal policy long supported forcibly assimilating Native people as a way to solve the “Indian problem.” Starting in the late 1800s, Native children were sent to government- and church-run boarding schools, where “Kill the Indian, save the child,” was the mantra. And many did die—of beatings, starvation and disease. Sexual and emotional abuse led others to commit suicide. The pervasive trauma, touching virtually every Indian family, stalks Native communities to this day.

During the mid-20th century, boarding schools were closed or turned over to the tribes, and the Indian Adoption Project took over as the assimilation mechanism. This federal program, aided by states and churches, swept about a third of Native children into non-Native homes. After hearing much testimony, Congress passed the Indian Child Welfare Act (ICWA) in 1978 in an effort to stem the social and cultural holocaust.

ICWA established Indian preferences for placement of Indian children like Eby’s sons, whether they are enrolled tribal members or eligible for enrollment. ICWA allows tribes to intervene on behalf of their children and requires “active” efforts keep Indian kids with Indian families. “Legally, that means more than ‘reasonable’ efforts,” said LaMere. “It means busting your butt to make it happen.”

In the real lives of Native people, it just doesn’t work out that way. “If you’re having any problems with the system, they’ll take your kids anytime they want,” said a Santee Sioux grandfather, whose granddaughter and grandniece died after being adopted out of his family—one at the hands of her new father and the other by drowning.

ICWA may be federal law, but its enforcement takes place county by county, according to LaMere. He described progress in applying the law in one Iowa jurisdiction—Woodbury County, with its large Native population centered in Sioux City. “I have to believe that if Audre’y’s case had been dealt with here, she would have gotten custody of her sons. However, in other parts of Iowa, and in many states, old attitudes persist about Native people.” There’s a sometimes unspoken and sometimes openly acknowledged belief that American Indians can’t or shouldn’t take care of their kids, LaMere said. Neither the Iowa DHS Native Unit, which oversees Native-related cases, nor the Rosebud Sioux Tribe responded to requests for an interview about these issues.

The Iowa courts’ seeming inability to deal even-handedly with Native people causes ambiguities for other agencies, including law enforcement. In a phone interview, local Iowa police chief Dan Kremer, who observed the CPS Telemed interviews related to the blind twin’s ER visit, said at first that some were “out to hang” the father and his girlfriend. “Maybe they need hanging,” Kremer then added, “but so far the courts have not gone after them.” He pointed out that the situation in the home “has been going on for a long time.”

Looking forward

Since the twins have been on the Nebraska farm, they’ve put weight on their once-emaciated frames, and Eby has let their crewcuts grow out. “They look so handsome now!” she said. The other day, she recalled, one son told her, “I don’t feel shrunken any more.” She enjoys seeing them caught up in the rhythms of farm life. “Family comes to visit. We have real sit-down dinners with no TV, and Faron makes root beer floats on Saturday nights.”

Eby called LaMere a critical ally. “He says to focus on the good, pray and be mindful of what we have. I don’t think I’ll ever be able to express the pain of all this, but the love I can.”

LaMere sees a lesson: “The Creator sent us these two boys as teachers—to instruct us to renew our fight to keep our kids safe and our families intact.”

For Eby’s family, the future is uncertain. “Something will change, but I don't know what,” she said. “Somehow, life has to be bearable for my boys. Is there anything else I can do?”

Judge Howard Haralson gives convicted sex offender dad sole custody of 6-year-old daughter (Oklahoma City, Oklahoma)

Shame on Judge Howard Haralson. You, sir, are an idiot. 

The convicted rapist daddy (the victim was another 6-year-old girl) is identified as NICHOLAS ELIZONDO. 

http://kfor.com/2013/06/25/convicted-sex-offender-gets-sole-custody-of-6-year-old-daughter/

Convicted sex offender gets sole custody of 6-year-old daughter

Posted on: 5:09 pm, June 25, 2013, by Paige Hill, updated on: 06:16pm, June 25, 2013

OKLAHOMA CITY — In California, just six years ago, Nicholas Elizondo was convicted for raping his then six-year-old daughter. He took a deal and served six years in jail. During that time his ex-wife, Lisa Knight, has been raising their daughter Sarah in Norman.

After six years of little contact with Sarah, he started fighting for sole custody. Yesterday, he won.

Little Sarah’s family is shocked by the Oklahoma County judge’s decision.

“Then he comes out with this solemn face and ‘Oh this is a really hard one for me’,” said Sarah’s cousin, Jodi Coomer. “And I`m thinking hard?”

They thought it was a no-brainer. Both Sarah’s mother and cousin think there is more to Judge Howard Haralson’s decision than what was presented in the courtroom.

“His attorney was in the chambers with the judge while he was deliberating his decision,” said Coomer. “There was laughter coming from the room. We waited for what seemed like hours but it was just minutes.”

She thinks the judge questioned her parenting when she couldn’t name all of Sarah’s doctors off of the top of her head. Born with a cleft lip and palette, Sarah has lots of specialists.

“There is no threat to her whatsoever here. Nothing`s happened to her. She`s made all of her appointments,” said Coomer. “Because mom can`t remember the doctor`s names then she`s a bad mom? I don`t think so.”

Now Sarah has to leave for California tonight to live with a father her family says she only knows as someone who brings gifts and leaves.

“I don`t understand how a sex offender can just walk in the courtroom and just take her after I’ve had her for six years,” said Sarah’s mother Lisa Knight.

Right now, the family is frantic and wondering how to come up with the money to keep fighting for Sarah. They are hoping publicity may shine some light on what they consider an outrageous judicial decision.

Little Sarah came home from a trip, to see her father in California, with a story that, she says, she wasn’t supposed to tell.

“While she was in the bathtub she said ‘Something really bad happened,’” said Coomer.

It took weeks for her to tell her mother and cousin that her half brother had touched her inappropriately. With Sarah’s accusations incomplete she is headed to live with him too. Sarah’s mother says her father hasn’t had much interest in seeing Sarah until recently. She doesn’t want to think about why he suddenly changed his mind.

“I just know that his victim was six-years-old at the time and Sarah is six-years-old right now,” said Knight.

She says she is at a loss and has no idea how to get Sarah back.

“I’ve been fighting him and I just don`t have any more money to fight him at all,” said Coomer.

Sarah’s cousin Coomer says with a registered sexual predator as a father her childhood may not be much of a childhood. “He can`t take her to Chuck E. Cheese.

He can`t take her to a park,” said Coomer. “He can`t go to her school. He`s not allowed in school.”

With only hours left with Sarah they are both trying to keep a brave face. They say her father’s past will haunt her future.

“When she`s old enough to Google it, that`s just going to be a sad day,” said Coomer.

Sarah’s mother and cousin are still fighting to keep her half brother away from her while she is in California. After talking to Elizondo’s attorney, he thinks Judge Haralson did what was in the best interest of Sarah.