Strollerderby : law

Breaking News - New Jersey Dad Wins Brazilian Custody Case

Brett Singer — Tue, 02 Jun 2009 12:37:00 GMT

This is a strange story but the ending appears to be a happy one.

The details, from CNN:

- Sean's parents divorced and mom moved him to Brazil in 2004

- Mom died in childbirth in 2008, leaving Sean with stepfather

- Sean Goldman, 8, to be turned over to U.S. Consulate on Wednesday

Hilary Clinton even referred to the case yesterday, which is unusual. But so is the story itself.

If you want to get depressed before you get happy, read this letter that Sean's father, David Goldman, wrote at BringSeanHome.org. There's even ('natch) a Facebook group, with over 40,000 members. One more from the "get angry before you get happy" file: Sean's stepdad's lawyer compared the decision to allow Sean to return to the United States with being sent to a "Nazi concentration camp," according to a post in that Facebook group.

David Goldman is supposed to arrive in Rio de Janeiro this morning to pick up his son. Something tells me he won't be all that interested in sight-seeing.

Source: CNN

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Mom Arrested for Having 555 Pound Son

Brett Singer — Tue, 26 May 2009 15:30:00 GMT

This story is not to be confused with the one Madeline brought us, about the 550 pound woman who gave birth recently.

14-year-old Alexander Deundray Draper of South Carolina had been on the run with his mother, Jerri Althea Gray. Gray had been told by a family court judge to turn her son over to the state because they determined that he "was of the weight where it was decided by medical authorities that he needed treatment that was not being provided for by his mother."

That weight is 555 pounds.

According to CNN, the mother did not appear in court as ordered, "and has concealed the child."

It's one thing to be a little on the chunky side. But when your child is this heavy, clearly some enabling is going on. Barring some bizarre medical condition I'm unaware of, it doesn't seem possible for someone to reach 555 pounds at any age, much less 14, without a diet of nothing but unhealthy food. Hopefully everyone involved in this case will get the help that they need.

Source: CNN

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13 Year Old Alfie Definitely Not A Dad

Brett Singer — Tue, 19 May 2009 01:56:00 GMT

It's official -- Alfie Patten is not the father of baby Maisie. Biologically, at least.

Alfie thought that he had impregnated 15-year-old Chantelle Stedman when he was just 12 years old. Although I admit that science is not my strong suit, that didn't seem possible to me. I guess I was right. (Take THAT Mr. Knauer! He was my bio teacher a long time ago. But I digress.)

This news isn't completely new, but it has just now been released after a ban on the info by a British court was overturned. A judge had previously ruled that "the rights of the teenagers took precedence over the Press's right to report the case." Well, I guess not.

This is an interesting point, one that I've thought of a few times over the past few years. Maybe minors' names should never be released to the public. What possible reason is there for us to know their full names? Does it really enhance our ability to understand a story? I don't see how it could. In my opinion the idea the "the press has a right to know" or report or whatever is very suspect when it comes to matters like this. Why does the press have more rights than a kid?

Source: Daily Mail

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Judge Orders Parents to Resume Son’s Chemo

Hannah Tennant-Moore — Fri, 15 May 2009 22:00:00 GMT

A judge has ruled that a 13-year-old boy with cancer must resume chemotherapy against his parents’ wishes. After Daniel Hauser was diagnosed with Hodgkin’s lymphoma, doctors told him that he had a good chance of being cured through chemotherapy and radiation.

But after just one treatment, which doctors say reduced the size of Daniel’s tumor, the boy and his parents decided they no longer wanted to treat his cancer with mainstream medicine.

After Daniel stopped doing chemo, child protective workers accused his parents of medical neglect. In court, the Hausers explained that their family’s religion advocates the use of alternative medicine, and Daniel himself has refused to undergo more chemotherapy. According to his mother, Daniel is a Medicine Man with the Nemenhah Band, which was founded by a man who claims to have fought cancer solely through alternative remedies.

But the judge was not swayed by the mother’s arguments. He argued that Daniel was unaware of the extent of his illness, and pointed to the fact that “doctors have said Daniel's cancer had up to a 90 percent chance of being cured with chemotherapy and radiation. Without those treatments, doctors said his chances of survival are 5 percent.”

The judge gave the family less than a week to find an oncologist and resume chemotherapy if recommended.

The Hausers’ lawyer immediately spoke out against the ruling, saying, "It marginalizes the decisions that parents face every day in regard to their children's medical care. It really affirms the role that big government is better at making our decisions for us."

By this logic, the law should not interfere when a child is physically abused by his parents, either. Of course families should be allowed to pursue alternative medicines, but not at the risk of a child’s life.

Photo: ABC News

UPDATE: Dad Who Forced Son To Get Tattoo is Arrested

Brett Singer — Fri, 15 May 2009 16:15:00 GMT

Updating the story from a few weeks ago: Enrique Gonzalez, the Fresno father and gang member who allegedly forcibly tattooed a dog's paw on his 7-year-old son, has been arrested in Madera County, California, according to the Fresno Bee. Gonzalez was found hiding out at a motel with his girlfriend; he tried to escape through a window but police caught him. He is being held on $700,000 bail.

Original post follows below.

*-*-*-*

This is pretty hard core.

Enrique Gonzalez, a Fresno, California father, is a member of a gang called the Bulldogs. He wanted his son, who is 7, to get marked with their symbol, which is a dog's paw. The boy didn't want to, possibly because he's seven and tattoos hurt. (I can barely get my kids to stick a thermometer in their mouths to see if they have a fever.) So, according to a police report, Gonzalez held his son down while Travis Gorman gave him the tattoo.

Gorman has been arrested, Gonzalez is still at large. (Note that these are charges that the two men have been accused of, so everything here is "allegedly.")

Adding to the troubling nature of this story (if that's possible) is that Gorman isn't a licensed tattoo artist. So what, you say? That just seems less safe. Not that it would have been OK to do this in a tattoo parlor, of course.

In California, it is illegal for anyone under 18 to get "inked", although police acknowledge that they have seen gang tattoos on children as young as 14. "But never this young," said Fresno Detective Jesse Ruelas. I hope not.

Other details of interest: the boy lives with his mother, and was visiting his father over the Easter holiday, which I suppose means the parents have shared custody, or maybe just that the father has visitation. I'm guessing that won't happen anymore. The mother found the tattoo when her son came home from visiting with dad and wouldn't let her see him get undressed to take a bath.

Scary stuff. Hope the kid is OK and he can get over this.

Source: Fresno Bee

Update source: Fresno Bee

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New Graffiti Law May Make Parents Pay

SunnyChanel — Thu, 14 May 2009 19:30:00 GMT

Hide those markers, spray cans and Sharpies. If a decision is passed in Los Angeles, parents there could be financially responsible for their kids rebellious tagging and attempts at street ‘art’. Under this new proposed law, mom and dad would be cited for vandalism and have to pay a fine along with being sent to parenting class. The money paid by the parents would go to help clean and repair the property that had been damaged by the graffiti.

But this proposal isn’t unwarranted. Los Angeles pays more than $7 million a year to clean up graffiti at about 675,000 locations across the city. In the City of Industry the cops launched an anti-graffiti sweep to try to catch members of two of the main ‘tagging teams’. In the sting, ten juveniles and two adults were arrested. The decision on the law will take place on May 20th.

Do you think parents should have to pay for their kid’s youthful indiscretions like graffiti?

Source

Image Source: Guardian UK

Possible Father of Malawian Orphan Opposes Madonna Adoption

Brett Singer — Sun, 03 May 2009 19:00:00 GMT

James Kambewa might be the father of Chifundo "Mercy" James, the girl that Madonna wants to adopt. And he's decided that he can take care of her. He feels that his little girl should be "raised as a Malawian", according to BBC News. So Madonna should step off.

I say "might" because it's not clear that the man is, in fact, Mercy's dad. In an interview with 'The Early Show' on CBS, he said that "he wore a necklace bearing his daughter's name around his neck, even though he had never seen her in person." He said that he wants "to take care of her, and I'm capable to take care of my baby." A big question, of course, is why Mercy was in an orphanage if she had a parent "capable" of raising her.

The whole thing is getting somewhat silly. Personally, I think Madonna should be able to adopt Mercy James, because that would mean a much better life for the girl. A court ruled that the adoption wasn't legal (Madonna's appeal will be heard on Monday), but if that's true, how was she able to adopt David Banda?

I'm not going to get into a debate about Malawian legal matters. I just think that it would be too bad if this little girl is forced to live in an orphanage when she could have moved into the lap of luxury. Especially if the only reason her dad came forward is because there were TV cameras around.

Source: BBC

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Three Year Old Left On School Bus

Brett Singer — Thu, 30 Apr 2009 17:30:00 GMT

A three-year-old boy in Milwaukee was left on his school bus for two and a half hours.

When his son didn't arrive home at 3:30 as he usually does, his dad called the Northcott Head Start school. There was no answer, so he went to the school to check things out. He saw someone washing a bus, kept walking. He walked by another bus, and heard crying. It was his son. He got him out through a "half-opened passenger window."

OK, I'm upset now. Imagine how the father must feel.

The headline at TMJ4 Milwaukee's web site says "Another Child Left on Bus" which is even more depressing. How many times does this have to happen before someone starts paying more attention? Sorry to be so high and mighty but stories like this tap into very basic parental fears, at least for me. We give a lot of people that we really don't know all that well a lot of responsibility when it comes to our kids.

This happened to a friend of mine when I was too young to remember. We were coming home from day camp and they just left my friend there. I made it home. My mother was not pleased.

Something similar happened when I was a bit older; this one I recall pretty well. The bus company, which I think was called Elmsford (this was quite some time ago, so if there is a company called that today, this is not a reflection on them), sent out a driver who didn't know where any of us lived. After dropping one or two of the kids off, he just started driving around the Bronx, lost. This was before cell phones, and for some reason Mr. Dopey Driver didn't pull over and call the office. I remember giving him directions, which were very wrong; I think I was six years old, and was saying things like "I think I live near here. It looks familiar. Yeah! Turn there. That's... no, that's not it. Let's see..." Eventually he pulled over, knocked on the door of someone he didn't know, and called the bus company, who called our parents to come and get us. Luckily he knocked on the door of a nice old lady who fed us all cookies. I remember not being all that scared, but I'm sure my mother was less than thrilled.

Anyway, the boy was fine, according to the report. The bus driver may face charges of child neglect, and the incident is being investigated by the "Sensitive Crimes Division", which is a great name for a law enforcement group. (Next on NBC -- "Law & Order: SCD, Sensitive Crimes Division.") Hopefully everyone will be more careful from now.

Source: todaystmj4.com

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Dad Drives Drunk With Kids In Car

Brett Singer — Sun, 19 Apr 2009 15:30:00 GMT

Jason Ryan Damos of Portland, Oregon went for a drive. Drunk. With his kids in the back seat. A police chase ensued, and eventually Damos was caught. And arrested. Charges were "reckless endangerment, hit and run, felony elude and drunken driving." ("Felony elude" is a new term to me. It has a nice ring to it.)

After being involved in a hit and run accident, Damos kept on driving, possibly hitting other cars; full details were not in the KATU report. The main thing is that he had his two children, ages 3 and 4, in the back seat while he did his version of "The Dukes of Hazzard."

How drunk was he? According to one of the arresting officers, he was "beyond intoxicated." That phrase isn't as new to me as "felony elude," but it is very descriptive.

The mother of the two children was there to take the kids after police got Damos by "getting him to spin out, in what is called a 'pit maneuver.'" Dramatic stuff. Luckily the kids are OK.

Source: KATU

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American Incest Dad Gets 109 Years In Jail

Brett Singer — Sun, 19 Apr 2009 04:55:00 GMT

Austrian Incest Dad, meet American Incest Dad.

Josef Fritzl's American counterpart, Lindolfo Thibes of Los Angeles, was sentenced to 109 years in prison for having a sexual relationship with his own daughter and fathering three children with her.

"I hope he suffers," the daughter said. "I want him to die in there in jail because that's what he did to me. He confined me." She is 29 now; her father began abusing her when she was 6. He threatened to kill her if she told anyone, and used surveillance cameras to keep track of her. Thibes physically abused her as well.

Well, I guess this time, justice was served. Horrible story but now he'll be off the streets and out of his poor daughter's life. Physically, at least.

Source: Times of India

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Brett Singer — Wed, 15 Apr 2009 19:30:00 GMT

File this under "I may not be perfect but I'm a better parent than this lady."

36-year-old Belinda Leighton of Boca Raton, Florida was arrested this week and charged with driving drunk. With her kids, ages 9 and 13, in the car.

After spending "the morning drinking wine and beer", Leighton got in her car with children in tow. She told the kids that she had "had it" (it's not clear if she'd "had it" with them or just in general) and "was going to kill them and herself by crashing the car." One of the children called 911 from the back seat; Leighton was arrested at a friend's house.

According to WPBF News, Leighton asked that the deputies "take her children and put them in foster care." I give her credit for that, at least. Hopefully that's an indication that she knows she has a problem and will get help.

Big props to the kid who called 911 as well. It would be enough to just get out of that situation physically unharmed (emotionally is another story). But to have the presence of mind to call the police? I'm impressed. (I know, looking for a positive here, but can you blame me?)

Source: WPBF

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Does Madonna Spank Her Kids?

Brett Singer — Wed, 15 Apr 2009 01:00:00 GMT

Somewhat buried in the news about Madonna's adopted son David Banda meeting up with his biological father in Malawi was this little tidbit (this is David's dad Yohane talking about his chat with David):

He told me his mum likes riding horses and that he too rides horses. Then he told me a story when one day he and his brother, Rocco, rode horses and fell. He told me his mum spanked him because they are not supposed to ride horses on their own. (Emphasis added)

Whoa, Nellie! Hang on a minute. Madonna spanked him?

Well, maybe. When I first saw this, Shannon pointed out that sometimes little kids exaggerate. I've never hit either of my children but my oldest once informed someone that I had. Somewhat out of the blue, I might add. Luckily it was a person who was inclined to take my word for it (a relative). But if it had been a teacher, I don't know how that would have gone over.

Still, it's interesting to think about. Do you think Madonna spanks her kids? Or maybe she has the nanny do it? Or is David just a little kid exaggerating?

Source: PerezHilton

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Brett Singer — Tue, 14 Apr 2009 22:00:00 GMT

So. I've said it before and I'll say it again. I should never – NEVER – say "I've seen it all before." Cuz d-d-d-daddy you just ain't seen nothing yet.

Londoner Sahnoun Daifallah is an "unemployed chemist", which I believe means "pharmacist" in London language. (They talk funny over there.) He was found guilty of "four counts of contaminating goods."

What does that mean? Oh, you want to know. Don't pretend you don't.

Daifallah, who one assumes is mentally ill and rather upset about something, was walking round with "a mix of his waste in a container of weed killer concealed in a laptop bag," according to the AP. By "waste" they mean the stuff you find in diapers. The liquid kind. And the not-liquid kind as well. But mostly the liquid kind.

Why liquid? Why, the better to spray stuff with, my dears!

First began his rain of terror by, um, marking his territory at The Air Balloon pub, leaving behind a "horrendous smell," according to pub worker Kate Rochead. Before he was through, he hit the frozen french fries at one supermarket (prefers them fresh, one assumes?), the wine section at another, and then a bookstore. For reasons not discussed, he focused mostly on the children's section.

How do you pee on Pooh? That's just wrong.

Daifallah is Algerian and will likely be deported, according to the article. I mean, I'm all for potty humor, but this just isn't funny.

What will tomorrow bring? I don't know but let me say this – I'll try not to be surprised.

Source: AP via StarTribune.com

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Dad Accused of Selling Daughter For Beer and Meat

Brett Singer — Wed, 08 Apr 2009 00:00:00 GMT

So here's one you haven't heard before. At least I hope not. Because it's a bummer.

California resident Marcelino de Jesus Martinez was charged with selling his 14-year-old daughter in for, and I quote, "$16,000, beer and meat." He first pled not guilty, but that plea was switched to no contest, meaning that he will be sentenced on May 7. The penalty is deportation and up to a year in jail. Had he been found guilty of the initial charges, he could have spent ten years in jail.

Martinez reportedly "sold" his daughter to the family of Margarito de Jesus Galindo, and she lived with them for a week. The plan was marriage, the cash, beer and meat were the dowry. When Martinez didn't get his cash (it's not clear if he ever got the beer or the meat), he called the cops, who presumably were somewhat less than sympathetic.

The last part creates an interesting question explored at this USA Today blog entry. Apparently this practice is not uncommon in indigenous Mexican communities. For this reason, police dropped an initial charge of human trafficking. The Californian quotes Honorary Mexican Consul Blanca Zarazua as saying that "This whole case is a convergence of multiple layers of misunderstandings."

So I think I'll take back my opening paragraph. For some people, the only weird part of the story is the involvement of the police.

In general I'm pro-cultural sensitivity, but in this case, it's trickier. On the one hand, selling your daughter into marriage is something we clearly frown upon in this country. On the other hand, the father clearly had no idea that what he was doing was illegal, as shown by the fact that he went to the police in order to get paid.

What do you think? Should people who live in the United States be bound by our laws? Or can we make exceptions?

Source: AP via Google

Image: The Californian

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How Do You Get 634 Years in Prison?

JeanneSager — Sun, 05 Apr 2009 19:32:00 GMT

If there's ever a time when a judge should be justified in throwing the book at a criminal it's when a kid has been hurt.

When a kid has been sexually abused by some sicko? I suspend all of my righteously liberal let's be reasonable here mantras . . . string 'em up. But six hundred thirty four years in prison?

Don't get me wrong, I'm cheering a jury's decision not to pull any punches for a guy who raped a little girl and forced her and her friend to perform sexual acts on one another while he watched. Robert Walter Bonner is a class A scum-sucking maggot.

I was just mystified at how they work out six hundred thirty four years in prison?

Turns out it's based on the number of charges - six counts of aggravated sexual assault, plus four counts of indecency with a child and two counts of sexual performance of a child. A jury decided Bonner deserved ninety-nine years for each aggravated sexual assault count . . . then tacked on an extra twenty years each for the latter six counts.

The judge opted to give Bonner the six ninety-nine-year prison terms and two twenty-year terms, to be served consecutively. Four twenty-years sentences are to be served at the same time as his first ninety-nine year sentence.

Add it all up, you've got six hundred thirty four years for him to rot. Which means Bonner won't be getting out of prison anytime soon, and kids all over Texas are a little safer. It won't give these little girls back their innocence, but you know what? This sentence sounds just right to me.

What do you think?

Image: GabesGuide

Madonna Adoption Denied, Appeal Filed

Brett Singer — Sun, 05 Apr 2009 14:00:00 GMT

A Malawi court ruled on Friday that Madonna could not adopt 4-year-old Mercy James because she had not been a resident of the country for 18 months.

As my son sometimes says, "I didn't see that coming."

Why do I say that? Well, here's the thing. She already adopted a kid from Malawi. David Banda. Remember him? Cute kid, rides horses, visited his hometown with Madge so he could hang with his biological dad?

According to the Telegraph, the rule about adoptive parents being residents of Malawai for 18-24 months was waived back in 2006 to allow Madge to adopt David. Now a local judge is concerned about setting a "dangerous precedent" if she is allowed to adopt again.

Except that the precedent was already set! You let her do it before! When you train puppies, or discipline children, you try to be consistent. I know that's an oversimplification, but isn't it silly to talk about "dangerous precedents" when you already did the thing that you now say you are worried about?

That could be why Madonna has decided to appeal the ruling. I don't know much about the law, and I know even less about Malawian legal issues (to be fair, I probably know more about brain surgery than I do about Malawian legal issues), but it seems to me that she's got a pretty good case. Because they let her adopt David Banda in 2006. Did I mention that?

It's possible that the adoption was denied because of Madonna's recent divorce from Guy Ritchie. The Telegraph quotes a government official as saying that, "Our official policy is that we do not encourage our children to be sent into broken homes." Because being raised by a single parent is clearly much worse than living in an orphanage. Never mind the fact that this particular single parent is wealthier than most of the people on the planet. And while I agree in general with human rights groups who have been saying that "whisking a single child off to a fairytale lifestyle in Hollywood" is not the answer to the world's problems, it's also not the worst thing that could happen to a kid from an impoverished country. (It's also worth noting that Madonna lives in England, not Hollywood. But whatever.)

I should point out that this is not, in my opinion, a major issue in our world today. But everything Madonna does is news, and while I don't care much about her music (or her movies, which, except for "Desperately Seeking Susan" are considerable unwatchable), I have to give her credit for commanding attention with every move she makes. I'll also give her props for starting a charity, Raising Malawi, to help other orphans in Malawi. According to the Telegraph, "She has already built a multi-purpose community centre at Mphandula village, 30 miles from Lilongwe, which looks after more than 8,000 orphans from scores of villages in the area." That's a lot of kids. So, in the language of her adopted British homeland, good on ya, mate. (Or something like that.) Of course, as Shannon pointed out, it's fine for Angelina Jolie to adopt a kid every other week, but Madonna we have a problem with. That's another topic, but one worth mentioning.

What do you think? Should Madonna be allowed to adopt Mercy James?

Source: Telegraph

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Judge to Mom: Spank Your Kid or Pay Up

JeanneSager — Sat, 04 Apr 2009 17:22:00 GMT

A judge who ordered parents to paddle their children with a wooden board in an open courtroom or face hefty fines has been warned his mode of punishment is not acceptable by a Texas judicial conduct panel.

Well Gawd bless those Texans for some common sense.

Judge Gustavo Garza has told parents of truant children they would have to pay as much as $500 if they didn't take a board, labeled "board of education" and spank their kids. One dad is suing, saying he reluctantly paddled his stepdaughter, only to have Garza tell him he hadn't hit her hard enough.

Since when does a judge get to advocate violence to prove a point? Because even the pro-spanking crowd has to admit that telling a parent to hit their child with a paddle - and to hit "harder" is something intended to inflict pain.

As Hannah pointed out recently, in all fifty states, it is legal for parents to hit, spank, paddle, or whip their children. Legal, but not required. Just like I can't be compelled to raise my child a Catholic or a Jew or force her to eat meat or not, I can't be forced to use spanking as my form of discipline.

One lawyer likened Garza's courtroom to something out the Jerry Springer Show, and I'd tend to agree. The idea of the law sneaking into parents' homes makes me uncomfortable, and I admit a slight hesitancy in supporting the concept of an anti-spanking law - because I've worried how far-reaching it can go. But when the opposite is in affect, when a judge forces a parent to hit their child, using the force of the law, we're right up there with the countries that practice torture.

What happened to Amendment 8 of the Constitution? You know, the one that says judges shall not call for "cruel or unusual punishments" for criminals? Maybe it's time to take Judge Garza over our knee and show him what it's liked to be punished for abusing his power.

Source/Image: MomLogic

Family Awarded Millions For Circumcision Mistake

Brett Singer — Thu, 02 Apr 2009 14:00:00 GMT

I know there are lots of people out there who regularly scream about how trial lawyers are destroying the world through lawsuits. And doctors are having trouble keeping up with their malpractice insurance payments. But here's a case where I think you'll agree the award isn't enough.

Four years ago, a boy had part of his penis cut off during a circumcision. The part could have been reattached if his pediatrician had acted quickly enough to do so, according to the plaintiff. A Georgia jury agreed and awarded $1.8 million to the boy and $500,000 to his mother. Their names are being kept private, but the doctors' names aren't. They are "Haiba Sonyika, the obstetrician who performed the circumcision, and Cheryl J. Kendall, the pediatrician who treated the child later." The hospital was not found to be at fault.

See, this is a big screw-up, especially the part about the pediatrician not doing enough to re-attach the, um, piece. This is assuming that the jury's verdict is accurate; I don't know the specifics of the case, so I'm going by the article I read.

I'm always curious how a jury comes up with an amount of money in cases like this. This time, the mother received $500,000 for psychotherapy, and the $1.8 million for the boy "was based on a per-day formula for the child's life expectancy."

The attorney for the plaintiffs, David J. Llewellyn, "has been representing victims of wrongful circumcision and genital injury since 1995." So calling him "some dickhead lawyer" isn't an insult. (Sorry. But sometimes they make it so easy.)

Also interesting was the defense team's strategy of loading the jury with women. Another attorney for the plaintiff, Craig T. Jones, thought this wasn't going to work. "I figured if you have one man on the jury, he can explain to the women -- if they don't know -- how important a penis is to a man's self-image." Yeah, even if they don't, I would say cutting off anything that you weren't supposed to during an operation is a bad idea.

Source: Law.com

Image: SXC

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UPDATE - Josef Fritzl Sentenced To Life In Psychiatric Institution

Brett Singer — Fri, 20 Mar 2009 01:35:00 GMT

UPDATE: Josef Fritzl has been sentenced to life in a psychiatric institution. While onthe surface this seems like justice has been served, The Scotsman says that the ruling means he could be free in 15 years if a doctor says he's been cured of whatever they decide is wrong with him. Basically, Fritzl is eligible for parole in 15 years. It's not a big chance, but it could happen. Which would be bad. The Scotsman's Stephen McGinty does say that, "It is likely...that [Fritzl] will die in prison," since he is 73 years old.

Earlier posts follow.

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Josef Fritzl's daughter Elisabeth testified against him on Tuesday, according to CNN. Thankfully, it was by videotape. Elisabeth and the children she had as a result of her father's abuse are living in an undisclosed location with new identities.

How do you go on after something like that? I'm amazed and oddly impressed that Elisabeth has the strength to go on living, much less testify against her father. Of course, I imagine she would like nothing more than to see him go to prison for the rest of his life.

The case has become a major media event in Austria, with crowds gathering in and out of the courtroom. Press has been barred from certain parts of the trial, including Elisabeth's testimony.

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CNN is reporting that Josef Fritzl will plead guilty to rape and incest on Monday. He will not plead guilty to charges of "murder, enslavement and assault." Fritzl's lawyer says that his client "expects to spend the rest of his life in prison." Um, yeah, that sounds right. That said, the charges he's pleading guilty to carry relatively short prison terms -- five to fifteen years for rape, one year for incest. The biggest is the murder charge, which, as discussed below, some experts think will be tough to prove. I guess it's a good thing that Fritzl will definitely be found guilty of something, although if he goes to jail for only a couple of years, that would be tragic.

Original post follows.

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Josef Fritzl, the man who kept his daughter locked in the basement for more than 20 years and impregnated her multiple times, is finally going on trial.

Disturbingly, he may spend only 15 years in jail. Or less.

According to London's Times Online, the "Austrian incest monster" is about to stand trial for "murder, incest, unlawful imprisonment and enslavement." Fritzl thinks that he could receive less than 10 years in prison.

He may be right. Some lawyers feel that the murder charge, which is based on the fact that he allowed one of the children he had with his own daughter to die, won't stick. That leaves rape as the biggest charge, which under Austrian law carries a 15 year sentence. Parole, good behavior -- he could be out in five years.

I know that everyone is entitled to a defense, but the one that Fritzl and his lawyer are offering is almost as disturbing as what he did. Fritzl is "claiming that his daughter was having sex when she was barely out of her teens. She smoked. She took drugs. She drank. He wanted to save her." His lawyer, Rudolf Mayer, says of his client: "He is not a monster. He loved his daughter in his own way." The father also says that he took good care of his "captives", citing the fact that the bird he bought them lived as evidence of good air quality in their underground prison. (This is at least consistent with the insane statements he made last year.)

As a quick reminder, Fritzl kept his daughter Elisabeth in the basement, along with some of the children they had together. Three of them were allowed to live upstairs -- the "upstairs children". The cellar was equipped with soundproof walls. Elisabeth was forced to write a letter saying that she had run away and joined a cult. This was a well thought out crime. Fritzl says that he is "not normal," but that's as close as he's come to an apology.

Making matters worse, prosecutors may cut a deal that will allow Fritzl to choose the prison where he serves his short sentence. One that lets him sing in a choir and take cooking lessons. When he gets out, he wants to go back home and live with his wife.

According to the Times, many feel that this situation could have been avoided if social workers had done their jobs. That may be the case, but the idea that this monster could get off with a light jail sentence in a country club prison is horrible. Not as horrible as what he did. But it's pretty close.

Source: timesonline.co.uk

Image: BBC

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British Single Mums Forced to Name Father on Birth Certificates

Hannah Tennant-Moore — Wed, 18 Mar 2009 21:55:00 GMT

A new British law could make it mandatory for single mothers in the UK to name the biological father on their birth certificates, unless they do not know who he is. Advocates of the law claim that this will make it easier to enforce child support payments and will signal “official recognition of the importance of fathers in children's lives.” But critics say the measure could endanger abused women, since it would allow estranged fathers to add themselves to the birth certificate.

Given that four out of 10 of the single mothers who give birth each year are teenagers, the law does seem like it could send an important message to teenage boys (and other men) that they are just as responsible for their actions as females.

But the potential backlash to victims of domestic violence seems to outweigh this benefit. As a charity for battered women points out, "A pregnant woman could, in theory, escape domestic violence only to find that her abuser has registered himself as the father of her child and has automatic rights to the child."

Photo: Upstream Gallery

Oprah Gets It Right On Chris Brown

Brett Singer — Fri, 13 Mar 2009 22:00:00 GMT

My mother and I sometimes disagree (shocking, I know) and occasionally we argue about Oprah. (Not a lot -- don't worry, we're not obsessed or anything. We have far more important things to fight about.) She'll tell me that Oprah said this or that, and oh, isn't it wonderful, and I'll say, feh, Oprah, she's not so great, she's responsible for unleashing Dr. Phil on the world. So when mom told me that the Gayle King's best friend was doing a show about the Chris Brown and Rihanna situation, I was skeptical. Too many celebrities have been talking about the incident and not saying the right things.

For example: Sean Combs (aka Diddy or whatever the hell he calls himself these days) kind of missed the point when he told Ellen DeGeneres, "I don’t think it’s right for anybody to hit anybody…. We know sometimes relationships get ugly (but) we don’t know exactly what’s going on (in this one). It isn't right for him to put his hands on her or her to put his hands on him" -- which to me implies that somehow if Rihanna had slapped Chris, it would be OK if Brown gave her a black eye. Which it isn't. Ellen, for her part, gets it right when she says that she doesn't want any girl to think that "it's OK to go back to a guy that hit her," although she says it in a very wishy-washy manner ("I don't want to judge" anyone, that sort of thing) and lets Diddy to the hook too easily ("I want to dance!"). Yes, her show isn't exactly "60 Minutes," but this also isn't a fluffy issue. If you're going to bring it up, you should be clear how you feel, and if possible get the last word. (Here's a clip if you missed it, which would be understandable. I never watch that show.)

Back to Oprah. I didn't watch the whole segment (hey, I'm busy) but I feel confident that the tone she took with was the correct one based on this quote:

"Love doesn't hurt. And if a man hits you once, he will hit you again."

See, it really is that simple. I understand that the charges against Brown are pending, and as Diddy so brilliantly points out, none of us were in the car with the young couple when the incident occurred. But Brown has shown no remorse at all. More disturbing is the way that many of Brown's peers are defending him, and that anyone thinks his alleged actions are OK. Grammy-winning Rapper T.I. said on Carson Daly's talk show that he told Brown "this too shall pass." He went back on that statement, perhaps when he realized that Daly's show is actually broadcast on television, which is a mistake I can understand. And Usher backtracked on his earlier statement that Brown should "have a little bit of remorse" about what happened, and not hit the jet skis at Diddy's house. (Good thing he apologized -- that's crazy talk!)

Brown dropped out of the Kids' Choice Awards, which was a good PR move, but it's also somewhat irrelevant, since his statement just said something about it being difficult to "focus on the music" with all of this other stuff going on. Oprah used my line (OK, other people said it too) and called this a great "teaching moment." Problem is, I'm not so sure that the right lesson is being taught. It's important to everyone, but especially important to parents, since many of our kids are still young enough to not have formed opinions about this issue yet. (Some of those kids, though, are much smarter than our celebrities, which is always nice to see.)

For me this is a simple issue. While legally what Brown did falls into the category of "allegedly," he hasn't denied it, and in fact has basically admitted that he beat up Rihanna. Rihanna got back together with him and decided not to press charges. Anyone who says anything about this issue in public needs to be very clear because many of Brown's fans are young and for better or worse they sometimes take their cue from celebrities. Hitting your girlfriend is wrong. If your boyfriend hits you, leave. Why is that so hard?

Source: Oprah.com

Image from here

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4 Year Old Brings Pot To School, School Bans Backpacks

Brett Singer — Fri, 13 Mar 2009 02:30:00 GMT

When I was young and went to summer camp, people were always amazed when I said I was from the Bronx. I remember one kid actually took two steps back when I told him. Because people from the Bronx, you know, they were scary.

Clearly those guys didn't know what they were talking about. The really dangerous kids are from Florida. The 4 year olds.

Check this out:

A 4-year-old at a Tamarac preschool caused a furor when police say he pulled a plastic bag of pot from his book bag and casually told a classmate, "That's my brother's weed."

Can you imagine? What do you say to that? How does a 4 year old even know what "weed" is? His older brother, who is 21, must have told him when he hid his baggies in junior's bookbag.

The pot, by the way, is "scheduled to be destroyed." Wouldn't want to rush into anything, guys.

Here's the funny part. The school, in a reaction that I like to call "I have a headache THEREFORE I have a brain tumor", has banned bookbags. All of them. Because clearly, the backpacks are the problem. (Dora the Explorer had no comment.)

Source: Sun Sentinel and TRB.com via DetentionSlip and ParentDish

Image: Amazon

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Fired For Pumping Case Reaches Higher Court

Brett Singer — Wed, 11 Mar 2009 13:30:00 GMT

A woman who worked for Totes/Isotoner Corp. was fired for taking too many bathroom breaks. No, she wasn't snorting coke in there. She was pumping breast milk.

After losing in court in 2008, and again on an appeal, LaNisa Allen is appealing to a higher authority -- the Ohio Supreme Court.

The legal argument seems to be that "the company didn't discriminate because breastfeeding doesn't legally constitute an illness or medical condition." Attorneys for Totes/Isotoner also say that "there is legal precedent showing that employers don't have to give extra breaks to breastfeeding women."

That may be true. But so what? (I mean, it's not like she was driving while she pumped.) No, breast feeding isn't an "illness" but I was surprised to read that someone was fired for doing it at work, sued, and then lost. Twice. It will be interesting to see if the Ohio Supremes are more sympathetic to Allen's cause. Even if the company was legally correct, it seems like bad policy to punish a breast feeding mother like this.

Anyone have any experiences, good or bad, with pumping on the job?

Source: Dayton Daily News via Slate

Image: ymswwc.com

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Boy Finds Spider Monkey in Backyard - Video

Brett Singer — Mon, 09 Mar 2009 15:00:00 GMT

Living in Manhattan, we don't get a lot of wild animals. Then again, I doubt most "country" dwellers expect to see an overweight spider monkey in their backyard.

Yes. A spider monkey. In East Ridge, Tennessee.

Here's a video report:

According to local station News Channel 9, the monkey's name is Clyde, and the owners "say they bought him from a flea market" 25 years ago. In addition to being overweight -- Clyde has a fondness for Lil' Debbie cakes and Italian food -- "they say he's getting old, and has cataracts."

In other words, Clyde is somebody's pet. Pet spider monkey.

How much would you freak if you saw Clyde in your backyard? How about if you were four years old?

Source: newschannel9.com
Image: necn.com

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UPDATE - Video Interview Of Woman Caught Driving And Breastfeeding

Brett Singer — Thu, 05 Mar 2009 20:00:00 GMT

UPDATE:

"If my child's hungry, I'm going to feed it."

Genine Compton, the Dayton, OH mother who was charged with child endangerment for breastfeeding her child while she was driving. Oh, she was also on the phone, but that's been pushed to the side for now.

See, Compton's kid is breastfed at this exact time each morning. The police don't really care what the reason is, it's dangerous, and also illegal. First, there's that whole carseat thing, but also "the danger [of] an accident [and] possible deployment of the airbag," according to police. Compton says it's the same thing if she gets hit with an airbag. She also says she'll do it again if she feels the need to do so.

The potential penalty of 180 days in jail would put a pretty big damper on the baby's eating schedule, although I suppose Compton could pump and then pass her milk through the bars for someone else to give to her child. Still, one would think that simply not breastfeeding while driving from now on would be a simpler solution.

Visit whiotv.com for the video.

Original post follows:

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A woman in Ohio was driving while breastfeeding. Oh, and she was also talking on her cellphone.

To paraphrase my fellow Strollerderbian Jeanne Sager -- Now this is what I call multi-tasking.

I have a confession to make -- I've never breastfed, obviously, but I have given my infant son a bottle while talking on the phone. I wasn't driving, however. My way seems a little safer.

Driving While Breastfeeding would be DWB. I guess this could be DWBTC? Driving While Breastfeeding and Talking on a Cellphone?

The woman in question was allegedly caught in the act by a fellow motorist, who called the cops. The police then used the license plate number to track down the chatty momma. Her response? "39-year-old Genine Compton...told them she was breast-feeding and wouldn’t let her child go hungry."

Oh. OH. I see. Could you, perhaps, pull over to the side of the road? Just asking.

The charge is a misdemeanor, and the potential consequences are $1,800 fine and 180 days in jail. That seems like a lot of jail time for a misdemeanor, but what do I know.

Dayton police office Michael Burke pointed out that "the legal concern is that Compton had a child in her lap, not that she was breast-feeding in public." Well. Glad we cleared that up.

Source: MSNBC

Image: sxc.hu