Child Abuse Defense News by David S. Marshall

Child Abuse Defense News by David S. Marshall

April 24, 2013

New developments in law, medicine, and psychology affecting child abuse cases. For additional news and information, visit www.ChildAbuseDefense.pro. Prosecutor Arrested for Misconduct in Wrongful Conviction Case The prosecutor in the notorious Michael Morton murder case in Texas has been arrested for choosing to conceal evidence exculpating Morton. As reported earlier by Child Abuse Defense News, among the evidence Morton's defense attorneys did not receive was the account of Morton's three-year-old son. The boy described seeing another man bludgeon his mother. States Criminalize Intentionally False Reports of Child Abuse More than half the states of the nation have made it a crime to make a child abuse report one knows or believes to be false. Descriptions of these laws have been gathered here. All the states of the Pacific Northwest have such laws. The laws of six states—California, Colorado, Idaho, Indiana, Minnesota, and North Dakota—also specify that the reporter may be liable for any damages caused by the false report. (In other states, more general laws may also impose such liability.) Prof. Daniel Pollack of Yeshiva University has written about the criminal laws here.

Child Abuse Defense News is a publication of www.ChildAbuseDefense.pro. For additional information, contact David S. Marshall by phone at (206) 826-1400 or email at dmarshall@DavidSMarshall.com. Know of someone who may be interested in receiving this newsletter? If so, feel free to pass it along! For additional information on removing yourself from this list or updating your email address, call (206) 920-3280 or send an email to jscameron@legalwerks.com. Copyright 2013 David S. Marshall

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Communicating with your child about recent tragedies

Major Family Services April 23, 2013 Dear Friend of Major Family Services,  Communicating with your child about recent tragedies. Recently, I have been contacted about ways to communicate to your children about the recent tragedies in Newtown, MIT, Boston, and Texas. Bombings and shootings are horrible tragedies.  We do not need to expose our children to such violence. However, if our children find out about such tragedies, we must communicate the truth to them.  I have been processing the information before sending out a letter to all our followers.  Here is my opinion based on the teachings the late Dr.Jayne Major: Always speak the truth. As parents we have accepted the responsibility to be stewards to our children.  Maybe we did not expect to have that responsibility before having our children, but we have it now.  Therefore, it is we, adults, who have to control our selves from tuning into that television set 24/7 to watch a tragedy unravel over and over.  Don't get me wrong, we must stay informed, but now a days we can obtain crucial information from our cell phones, our iPads, our computers, and our radios in addition to the graphic and repetitive television news coverage.  So, my first advise is to remain informed, but do not expose your young children to tragic news if not absolutely necessary. Jayne preached to use teachable moments to educate our children about sensitive subjects.  A mass bombing, a killing, a shooting spree is not pleasant, but it presents itself as a teachable moment.  If your child does find out about one, two or all of the tragedies, please do not lie to them.  Do not tell them it did not happen.  Do not tell them that the teacher at school was wrong or that his friends are lying.  Instead, use language appropriate to the child's age to explain the situation.  If you have a young child who asks about such a tragedy, you can explain to them that there are people in this world who are sick or who are bad and they hurt others for reasons that we cannot explain.  Explain that this is tragic. Add that you love your child very much and because you love him or her very much, you will do everything possible to protect them.  Then you can use this opportunity to give a specific example that applies to your child and your family.   If your child is a teenager or older, you can use the same teachable moment to request that they check in with you frequently and ask your advise about going to large events.  Even if at large events that appear to be safe, advise them to keep an eye out for bags left on the ground, strangers asking them to carry things for them, vans that are parked and left unattended.   Although we believe that times have "changed," the reality is that they have not. There have been mass tragedies as long as there have been "civilized" communities: Roman pillaging of cities, invasions by conquering armies, Aztecs invading other Mesoamerican settlers, white settlers invading native American lands, Spanish conquistadores invading the Aztecs, communist and anarchists bombings in the 20th century, etc., etc.  It is better to prepare our children for the world, than to shelter them and leave them unprepared for those moments we are not there to protect them.    I have two very young sons, Zachary age 5 and Luke age 7.  I always tell them the truth.  I never watch the news at home.  So they are never subjected to such images or descriptions.  I am very aware of what I listen to on the radio when they are in the car.  However, if they ask me a question, like Luke did recently, "why did a bad man hurt so many people the other day?" I told them something like this, "there are people in this world who are mentally sick, they can't think straight and there are people in this world who are bad and want to hurt others.  Whether they are sick or bad, they still can hurt you.  I love you very much and I don't want you to get hurt and that is why sometimes when I ask you to stay near me in a crowded place like a mall or a park, I need your immediate cooperation because I want to protect you.  Do you understand that I love you and I want to protect you?" They both nodded.  We changed the conversation.  But I told them the truth.  Nobody lost sleep.  Nobody was upset. We then read books and went to bed.  I hope that this helps everyone who has followed Jayne's teachings remember how important it was for Jayne to speak and teach the truth to children, while still teaching them that it is ok to protect themselves in order to have a positive and healthy self esteem.   If you want to share anything with me, please feel free to do so by emailing me at pj@majorfamilyservices.com or posting on our Facebook at http://www.facebook.com/majorfamilyservices.  Otherwise, visit us at http://www.majorfamilyservices.com to find out about our latest books and services.  Thank you, for staying connected to Major Family Services.  Sincerely, Major Family Services, Inc. Major Family Services

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Parental Rights- Romeikes, Farris in Court Today

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April 23, 2013 Romeikes, Farris in Court Today Today the United States Sixth Circuit Court of Appeals will hear oral arguments in the case of Romeike v. Holder. While this is an asylum case precipitated by a German law, its outcome could greatly impact American parental rights law. ParentalRights.org President Michael Farris is representing the family in court. Farris shared on his Facebook page last week, “The more I prepare, the more I am convinced of the rightness of this case.” At issue is whether or not a parent has a prior right to direct the education of his or her child – whether a parent’s human rights include the right simply to decide where their child will attend school, and what kind of education the child will receive. The Romeikes fled Germany in order to home school their children in accordance with their deeply held religious beliefs. Under German law, all children must attend state-funded schools and learn what the government wants them to learn. So the family made a legal visit to Tennessee (visas, passports, etc.) and filed for asylum while they were there. The amnesty court granted their petition, finding that Germany’s law violates the family’s prior right to determine the kind of education their children would receive. But the Administration appealed through the office of Attorney General Eric Holder. Today is the day that appeal is to be heard. Action Items If you have friends or family who have not yet signed the petition to support the Parental Rights Amendment, urge them to visit parentalrights.org/petition and sign up today. Also, please donate to support this important cause. You can donate to ParentalRights.org here, or you can give directly to support the Romeike case through HSLDA’s Freedom Fund here. We know your thoughts and hearts are with us as we await the outcome of today’s parental rights case. We will let you know how it turns out as soon as we hear. Thank you for standing with us to protect parental rights! Sincerely, Michael Ramey Director of Communications & Research P.S. – Three weeks ago I mentioned that we would be contacting the Senate soon to remind them that they work for us. That effort was postponed due to information from our Capitol Hill connections that the timing was not right. We try to seek the most effective moments so that we are not wasteful of our greatest resource as an organization – your time and efforts. We will not drop the ball on preventing ratification of any United Nations treaty that would threaten your parental rights, so watch for that blitz to come up at a later time.

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Equal Justice Foundation- Analysis of Veteran Arrests - El Paso County, Colorado

Analysis of Veteran Arrests - El Paso County, Colorado

Charles E. Corry, Ph.D.

President, Equal Justice Foundation

Fellow, Geological Society of America

David W. Stockburger, Ph.D.

Emeritus Professor of Psychology

Missouri State University

Report is also available online at http://ejfi.org/PDF/EJF_EPCO_vet_arrest_study.pdf

Abstract

   Beginning in July 2010 an investigation of veteran and active-duty military arrests in El Paso County, Colorado, was undertaken based on daily arrest and booking reports provided by the sheriff. This report encompasses veteran arrest data from 2011 as the base year and data collected since.

   El Paso County contains five separate military bases and is the third-largest concentration of military forces in the United States. All police departments within the county and all five bases use the county criminal justice center (CJC) for detention.

   In 2011 ~3,200 veterans and active-duty military were arrested and booked into the CJC. Statistical analysis of these arrests and associated charges is summarized in eighteen tables, five figures, and four appendices. There is nothing in this data that implies the current justice system deters crime or violence by veterans. In fact, evidence suggests the present system is criminogenic. In many cases interaction with the justice system increased a veteran's potential for violence, up to and including homicide. Current policies of ³catch, convict, and release² were plainly a factor in increased rates of homelessness, suicide, and homicide among veterans.

   The wars of the 21st Century have resulted in many thousands of casualties returning to El Paso County suffering from Post Traumatic Stress Disorder (PTSD) and the signature wound of these wars, Traumatic Brain Injuries (TBI), as well as many other combat injuries. The characteristics of these injuries make it very likely that the veteran will be brought to the attention of peace officers, who often have little option but to make an arrest under current laws. As this report illustrates, that amounts to several thousand veterans arrested each year in this one county.

   A criminal conviction often makes it impossible for veterans to obtain employment and frequently devastates families and children.

   Cases involving domestic violence, an add-on charge in Colorado, are the most common basis for arrest in this study. Some 30% of the veterans booked into CJC in 2011 were arrested for domestic violence. But in only half of those cases did the charges include an actual violent act.

   Behaviors characteristic of PTSD, TBI, and many other combat injuries are indistinguishable from the definition of intimate partner violence under current laws. As a result, the justice system, and concurrent legal abuse syndrome, exacerbates the veteran's injuries. The end result is a justice system, that, in effect, punishes veterans for serving their country.
   Our analysis repudiates the widespread adoption of a drug-court model for veteran courts. In this study, only 13% of charges are for drugs or alcohol. Further, a ³drug-court² model is of no value in domestic violence or traffic cases, which constitute the bulk of veteran arrests in this study. Treating substance abuse alone in cases where the veteran has PTSD/TBI is contraindicated as it does not address the underlying problems.

   Another startling result is that while arrests of civilians tapers off sharply after age 30, arrests of veterans continues steadily regardless of age. After age 50 virtually all the inmates in the CJC are veterans and the county jail effectively becomes an Old Soldiers Home. Available data make it evident that veterans who remain in El Paso County after their first arrest will keep getting arrested over and over again.

   Injuries like TBI are clearly associated with early onset of dementia and in many cases veterans are being arrested for that. Other biological factors, e.g., perimenopause in females, correlate with veteran arrests.

   Clearly these veterans are bringing back a psychological plague that is not being properly or fully diagnosed, that is not being addressed at the critical time to prevent more harm and violence, and is spreading to family and friends. And evidence in this report makes it clear that the epidemic today will echo down the decades until at least mid-century even if the wars ended today.

   The repercussions are magnified by OIF/OEF veterans who have endured multiple combat tours and survived injuries that would have been fatal in previous conflicts.

   When comparing Iraq and Afghanistan veterans with those from Vietnam it is clear that the passage of many new laws, e.g., the War on Drugs, domestic violence statutes, sexual assault and rape shield laws, has a dramatic negative effect on the ability of veterans to reintegrate into society. However, we find no evidence that these draconian measures have improved public safety.

   Our study is ongoing and our next effort is to incorporate court outcomes for many of these veteran arrests now that we have sufficient longitudinal data.

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                                             DISCLAIMER

NOTE: If you would like to be removed from our mailing list please respond to this message with REMOVE in the subject line. Comments or criticisms of our policies or Web sites should be addressed to mailto:comments@ejfi.org.

     You are receiving this message because (1) you asked to be added to our mailing list; (2) you sent the EJF an e-mail or requested help from us; (3) you are known to work on issues related to human rights; (4) you are known to be interested in civil liberties and equal justice; (5) your name and address appeared as an addressee on email sent to us; (6) you are a member of or contribute to the Equal Justice Foundation, or (7) you are on a distribution list that forwards EJF newsletters.

      Most prior EJF newsletters are archived at http://ejfi.org/Press_releases.htm after a few days.
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                      Issues of interest to the Equal Justice Foundation are:

Civilization                             http://ejfi.org/Civilization/Civilization.htm

Courts and Civil Liberties   http://ejfi.org/Courts/Courts.htm

Domestic Violence               http://ejfi.org/DV/dv.htm

     Domestic Violence Against Men in Colorado http://dvmen.org/

     Emerson case                                                       http://ejfi.org/emerson.htm

Families and Marriage                         http://ejfi.org/family/family.htm

Prohibitions and the War On Drugs  http://ejfi.org/Prohibition/Prohibition.htm

Vote Fraud and Election Issues         http://ejfi.org/Voting/Voting.htm
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   The Equal Justice Foundation (EJF) is a non-profit 501(c)(3) public charity supported entirely by members and contributions. Dues are $25 per year and you may join at http://ejfi.org/Join.htm or by printing and mailing in the application at http://ejfi.org/Application.htm. Contributions are tax deductible and can be made on the web at http://ejfi.org/join2.htm or by sending a check to the address below.

    Federal employees can contribute through the Combined Federal Campaign. The EJF is listed in Colorado , Utah, Idaho, and Wyoming and the agency number is #18855.

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Parental Rights- Common Core Correction

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April 22, 2013 Common Core Correction On Friday we sent an email about Common Core which was poorly worded. I wrote, “ParentalRights.org is still researching the details of the Common Core State Standards Initiative (CCSSI), but there is no question that we oppose it.” This gave some readers the impression that we made a half-baked decision to oppose something we do not yet understand. It would have been more accurate to say, “ParentalRights.org is still researching the details of the Common Core State Standards Initiative (CCSSI), but there is no question that we oppose the de facto takeover of education by the federal government and unaccountable private organizations.” Our website now reflects this change. To be clear, there is a lot to be researched about Common Core. We are still examining, for instance, the specific academic standards that it would set. However, there are also details about Common Core which we have fully researched, and it is these areas that have given rise to our opposition. We are just putting the finishing touches on an article outlining how Common Core came to be and why we oppose that process. It is fully researched and referenced, and would be in your inbox tomorrow but for the Romeike case which starts this week. Instead, you can look for the Common Core article on April 30. Again, though, the research for that article is complete. Click here for a brief analysis of Common Core from our friends at Home School Legal Defense Association. We do not currently oppose Common Core based on the standards themselves (and if at some point we do, it will be after thorough research and consultation with education experts). Rather, our concerns have arisen from areas that have already been fully researched. I apologize for my poor choice of words that suggested otherwise. Sincerely, Michael Ramey Director of Communications & Research

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Liberty Quotes

"The reason this country continues its drift toward socialism
and big nanny government is because too many people vote
in the expectation of getting something for nothing,
not because they have a concern for what is good for the country.
A better educated electorate might change the reason many persons vote.
If children were forced to learn about the Constitution,
about how government works, about how this nation came into being,
about taxes and about how government forever threatens the cause of
liberty perhaps we wouldn't see so many foolish ideas coming
out of the mouths of silly old men." -- Lyn Nofziger
[Franklyn C. Nofziger] (1924-2006) American journalist, political consultant, author, Press Secretary for President Reagan
http://quotes.liberty-tree.ca/quote_blog/Lyn.Nofziger.Quote.4065

"We have a system that increasingly taxes work and subsidizes nonwork." -- Milton Friedman
(1912-2006) Nobel Prize-winning economist, economic advisor to President Ronald Reagan, "ultimate guru of the free-market system"
http://quotes.liberty-tree.ca/quote_blog/Milton.Friedman.Quote.CB0D

"In U.S. politics, 'compassion' means giving money and privileges
to well organized interest groups at everyone else's expense." -- Paul Craig Roberts
(1939- ) Economist, former Assistant Secretary of the Treasury in the Reagan Administration ("Father of Reaganomics"), former editor and columnist for the Wall Street Journal, Business Week, and Scripps Howard News Service.
http://quotes.liberty-tree.ca/quote_blog/Paul.Craig.Roberts.Quote.710A

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Advocacy Alert: Severe Child Psychiatrist Shortage

A new profession for falsely accused and maliciously prosecuted parents to consider.  Previously, I had been recommending becoming a Lawyer.  But with financial assistance like this makes it possible.

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Ask Your Senator to Support Funding for the HRSA Pediatric Specialty Loan Repayment Program

Your donations are more important than ever. Dear Leonard, There is a critical shortage of child and adolescent psychiatrists around the country, and there is something you and I can do about that. Now is the time to contact your Senators' offices. The Senate is currently asking its members to submit funding requests for Fiscal Year (FY) 2014. Senator Jack Reed (D-RI) has authored a letter asking his colleagues to support funding for the Pediatric Subspecialty Loan Repayment Program in FY 2014.   The Title VII health profession programs will provide loan repayment to child and adolescent psychiatrists of up to $35,000 per year, for up to three years, for those who work in medically underserved areas. We need your help! Urge your Senators to support the Title VII health profession programs at the Health Resources and Services Administration by signing on to Senator Reed's letter by April 25. Talking Points: There is a severe shortage of child and adolescent psychiatrists.  As more and more children are diagnosed with serious physical and mental health conditions, the number of subspecialists available to treat them is diminishing.  The nation’s current supply of pediatric specialists is inadequate to meet the needs of America’s children.   Throughout the country, children and families often face long wait times to obtain an appointment with a child and adolescent psychiatrist.  Wait times of up to six months are not uncommon for child mental health professionals. For a child with severe mental illness, such as depression, not receiving timely treatment can be life threating.    The pediatric subspecialty loan repayment program through the Health Resources Services Administration (HRSA) will help address this issue. Please support Title VII health profession programs at the Health Resources and Services Administration by signing on to Senator Reed's letter by April 25.  Thank you for your advocacy efforts. If we raise our voices together, we can truly make a difference in the lives of children with mood disorders.  Best Regards, Susan Resko Executive Director

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American Minute- Mark Twain - 'When in doubt, tell the truth'

American Minute with Bill Federer APR. 21 - Mark Twain - 'When in doubt, tell the truth'   Join Bill Federer on a trip to Israel   Click here to find out more!     "Mark Twain," a river measurement meaning "12-feet-deep," was the pen name of Samuel Langhorne Clemens, who died APRIL 21, 1910. Growing up on the Mississippi, Clemens left school at age 12 when his father died. He became a printer's apprentice, then piloted steamboats till the War between the States suspended river traffic. Samuel Clemens joined the Confederates, but after 2 weeks got discharged to work for his brother Orion, who was secretary to Nevada's Governor. After an attempt at mining, Clemens became a reporter in Virginia City, Nevada, using the name "Mark Twain" for the first time. He moved to California, and in 1866, sailed to Hawaii as a reporter. In 1867, a newspaper funded his voyage to the Mediterranean. While on this trip, he saw the picture of his friend's sister, Olivia Langdon of Elmira, New York. Immediately upon his return, he met and married her. In Innocents Abroad, 1869, which established his reputation as a writer, Mark Twain described Syria under the Ottoman Turkish Empire: "Five thousand Christians...were massacred in Damascus in 1861 by the Turks... Narrow streets ran blood for several days, and that men, women and children were butchered indiscriminately and left to rot by hundreds all through the Christian quarter...the stench was dreadful. All the Christians who could get away fled from the city, and the Mohammedans would not defile their hands by burying the 'infidel dogs.' The thirst for blood extended to the high lands of Hermon and Anti-Lebanon, and in a short time twenty-five thousand more Christians were massacred..." Mark Twain described Jerusalem under Ottoman Muslim rule: "Rags, wretchedness, poverty and dirt, those signs and symbols that indicate the presence of Moslem rule..." Get the DVD, Political Islam's War on the West Mark Twain the best-selling books : Tom Sawyer (1876), Prince and the Pauper (1882), Life on the Mississippi (1883), Huckleberry Finn (1884), Connecticut Yankee at King Arthur's Court (1889), and Joan of Arc (1896). Mark Twain wrote: "Twenty years from now, you will be more disappointed by the things that you didn't do than by the ones you did do... Sail away from the safe harbor. Catch the trade winds in your sails. Explore. Dream. Discover." "Love seems the swiftest, but it is the slowest of all growths. No man or woman really knows what perfect love is until they have been married a quarter of a century." "When in doubt, tell the truth." "Always do right. That will gratify some of the people, and astonish the rest." Mark Twain attempted a publishing business which was not successful. He paid off debts by lecturing across America. Mark Twain persuaded Ulysses S. Grant to write his Civil War memoirs. Answering Bible skeptics, Mark Twain said: "If the Ten Commandments were not written by Moses, then they were written by another fellow of the same name." Read MORE at American Minute archives. Watch Faith in History News from AmericanMinute.com Tell a friend to sign up for the American Minute!    Get the book, Miracles in American History-32 Amazing Stories of Answered Prayer Join Bill on trip of a lifetime to Israel - NEW DATES Schedule interview or speaking - contact Bill Federer 314-487-4395 wjfederer@gmail.com   Don't know what to do with your life? Consider teaching English overseas!  Visit the American Minute archive   Click here to shop AMERICAN MINUTE store Read the Daily Reading at:  http://www.biblegateway.com/reading-plans/old-new-testament/2013/04/21 Receive the daily American Minute on your Facebook wall, Twitter feed, or RSS reader.    Get a great book and help a great cause: James Nyondo's Absolute Integrity:   The Bridge to Your Destiny http://www.nasaf.net/book/   Please support the American Minute.  Click here to make a donation. Thank you! Use the Send to a Colleague link below to tell others about the American Minute or click Join Our Mailing List to sign up. American Minute is a registered trademark. Permission is granted to forward. reprint or duplicate with acknowledgement to vwww.AmericanMinute.com Watch Bill Federer's TV program Faith in History Visit our website to download an MP3 version of the American Minute suitable as a radio PSA.

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