The Genocide of Battered Mothers and their Children

Archive for the ‘domestic law’ Category

Lethal anger at home on rise

In domestic law on August 23, 2011 at 1:09 pm

State report notes a 10 percent hike in slayings by family members

Amplify’d from www.timesunion.com
On Friday, with their young children at his parents’ house, the 51-year-old Saratoga County man strangled his wife, also 51, and then killed himself with a shotgun, according to police. His father discovered the bodies in the couple’s home on Military Road when he stopped by to pick up clothes for the Monacchios’ daughter, 11, and son, 15, Cynthia’s sister said.

“It’s the epitome of the word ‘tragedy,'” Patricia Voshell of Millington, Md., said Monday in a phone interview. “Their marriage was over. It was done, and my sister was ready to move on.”

Voshell spoke on the same day the state Division of Criminal Justice Services released a report showing that the number of household homicides committed by family members in New York rose 10 percent to 144 in 2010. They were among 862 homicides in the state, up from 782 in 2009, according to the report.

Police on Monday blamed “marital problems” for the horrific violence. An autopsy concluded that her husband choked his wife before shooting himself.

The Monacchios were married 15 years, and moved to Saratoga County several years ago, Voshnell said. Cynthia Monacchio grew up in Millington, Md., and attended college in Delaware. She worked as a bookkeeper for a recycling company, and her husband worked at a Target store, Voshnell said.

Voshnell suspects an argument may have sparked a moment of lethal anger. Robert Monacchio Jr. was not known as a violent person, she said, adding that they both loved their children but that their relationship was beyond repair.

“I’m angry at him for taking my sister from me, but I can’t say that I hate him,” Voshnell said. “They went at each other. It’s never black-and-white.”

“One or the other probably should have moved out, but they didn’t want to disrupt the kids,” Voshnell said. “Now, they are really disrupted.”

Friday’s murder-suicide marks at least the fourth incidence in five months of domestic violence fatalities. Last month, Douglas Cunningham, 52, shot his ex-wife, Kathleen Brados, 47, and then took his own life in their Lake George home. Also in July, Matthew Slocum, 23, fatally shot his mother, Lisa Coon Harrington, 44, stepfather Dan Harrington, 41, and stepbrother, Joshua O’Brien, 24, before setting their Washington County home ablaze, police said.

Last year in New York, homicides committed by intimate partners living together totaled 73, down 19 percent from the previous two years, according to the state’s 2010 Domestic Homicide Report. Women were at the greatest risk for violence at the hands of someone they knew: 62 of 141 — 44 percent — of the adult female homicide victims in the state in 2010 were killed by a partner, according to the report.

“Domestic violence is a serial crime,” said Sean Byrne, acting commissioner of the state Division of Criminal Justice Services. “We know who the offender is, who the victim is and where the crime is likely to occur, but we don’t know when.”

In March, James A. Barnes, 41, murdered his wife, Tonya E. Barnes, 40, at their home in Milton after a family dispute, police said. He then hanged himself.

DAY — Cynthia Monacchio no longer loved her husband, but stayed with him to help raise their children, her sister said. She also said Robert Monacchio Jr. didn’t want his wife to leave him and sought counseling to try to save the marriage.
Joint funeral services for the couple are tentatively scheduled to be conducted in Day at the end of the week.

Read more at www.timesunion.com

 

Las Vegas Foster Child Focus of International Custody Battle

In domestic law on August 23, 2011 at 1:03 pm

Police in Nevada say an international custody battle has stalled over a 3-year-old girl who disappeared from a North Las Vegas foster home and ended up in Mexico.

Amplify’d from www.foxnews.com

North Las Vegas police Sgt. Tim Bedwell tells the Las Vegas Review-Journal newspaper that Carla Espinosa-Alvarez is a U.S. citizen and legal ward of Clark County.

He says the investigation stalled because detectives can’t talk with her mother.

The foster mother told police that a masked couple abducted the child at gunpoint May 8.

Police say the child’s biological mother told Mexican authorities she paid the foster mother to bring the girl across the border.

Officials say the girl was put in foster care last year after the mother went to Mexico but was denied entry back into the U.S.

Read more at www.foxnews.com

 

Bodies Of Gunman, Mother-In-Law Believed To Be In Burned Home

In domestic law on August 23, 2011 at 12:57 pm

Police found the body of an infant girl believed to be 14-month-old Rhilee Collier in a truck belonging to her father, Kevin Collier. Collier’s wife recently filed for divorce.
Man Suspected Of Shooting Officer Jared Slocum Also Killed Baby, Mother-In-Law

Amplify’d from www.10news.com
Two bodies were found Monday inside a burned San Diego County home, and investigators believe the deceased are a woman and her son-in-law, who is accused of shooting and critically wounding an El Cajon police officer and killing his own daughter.
Police found the body of an infant girl believed to be 14-month-old Rhilee Collier in a truck belonging to her father, Kevin Collier. Kevin Collier is accused of torching an El Cajon-area home after, relatives assert, he killed his daughter and his mother-in-law, Beverli Rakov. Collier was identified by police as the man who shot El Cajon Police Officer Jared Slocum, a four-year veteran of the force.
According to El Cajon police, investigators found a body in the front portion of the fire-damaged house in the 1000 block of Prince Street. A second body was discovered in the rear of the home, and investigators said the bodies are believed to be Collier and Rakov. The Medical Examiner’s Office has not officially confirmed the identities of the bodies found in the home.

Investigators learned Collier sent text messages to family members saying that he killed his mother-in-law and his daughter and then started the fire at the home.

A family friend said Collier’s wife, who is safe, recently filed for divorce.

According to divorce paperwork obtained by 10News that was filed August 17, Alyssa Collier cited “irreconcilable differences” as the reason for asking for a divorce from Kevin Collier. She was asking for sole custody of their daughter.

The couple married in January 2010 and filed for legal separation in July.

In the documents, Alyssa Collier stated she was the primary caregiver and stayed at home, while Kevin Collier worked long hours.

According to the court documents, Alyssa said Kevin “is a good dad, but spends very little time with Rhilee.”

She also wrote they have a “nice standard of living” and asked for spousal support.

In the divorce documents, Collier’s wife asked for $2,000 a month in child support, writing: “I need help transitioning to a more stable life style.”

10News learned Collier and his wife also ran a dog breeding business. The Big Dogs website is filled with pictures of the couple with their Mastiffs.

There were no allegations of abuse and the exact reason for their failed marriage is unclear.

10News found what appears to be the Facebook page of Alyssa Collier. While a family friend told 10News Alyssa Collier used to work at Cheetah’s strip club in San Diego, her latest job listing on Facebook is “full-time wife and mom.” Her job description says “I plan to sit on my butt and take all my ex’s money.”

Friends told 10News that Kevin Collier may have manipulated the Facebook page.

On Monday, a spokesman for Cheetah’s told 10News Alyssa Rakov (Collier) hasn’t worked for the nightclub for more than a year and a half. The club declined to comment on Sunday’s incident.

10News learned both Collier’s brother and father filed restraining orders against him in 2003.

Collier’s brother filed first and wrote: Kevin “slapped me as hard as he could.”

Two days later, Collier’s father followed, filing because Kevin started harassing him.

His father wrote: Kevin “called on my cell phone and was very angry and used a lot of profanity … Kevin came to my house and I had to call the sheriff’s to escort him off the property.”

“He seemed cool at first, the first time,” said a Collier acquaintance, who did not want to be identified. “The second time, he wasn’t so cool.”

According to Collier’s bankruptcy record, he earned more than $40,000 a month at a Miramar strip mall where he met the acquaintance.

The source described Collier as a hot-headed man who warned people to keep him away from alcohol.

It isn’t clear what Collier did at the mall, but his former office is now a strip club.

The acquaintance said Collier was only in the mall for three months and told 10News he saw Collier angry once.

“He just freaked out, like a super hot head,” he said. “He just instantly exploded.”

On Sunday, the violence erupted after two El Cajon police officers responded shortly after 5 p.m. to a caller who said he saw a man with a gun who had started a fire, El Cajon police Lt. Mark Coit said. Slocum, one of the responding officers, was hit by gunfire that came from the house, he said.

The other officer, identified as Officer Tim McFarland, pulled Slocum to safety, Coit said. Slocum, a 28-year-old married father of two young children, was taken to Sharp Memorial Hospital, where he underwent surgery and was listed in critical but stable condition.

After the shooting, the fire surged out of control and firefighters with police protection and aid from a water-dropping helicopter put it out at about 7 p.m., Heartland Fire spokesman Sonny Saghera said.

Several homes in the area were evacuated and eastbound Interstate 8 was shut down while the fire burned. The freeway was reopened after about 90 minutes.

A SWAT team surrounded the house for much of Sunday night, but turned the scene over to detectives when they determined it was safe, Coit said.

After the burning house was doused by firefighters on the ground and in the air, a police SWAT team entered and found a body near the front door.

Witness Dave Lembcke said he saw everything from the moment Kevin Collier pulled up to the home in a truck.

“He pulled out a gun and he didn’t run across the street but he walked real fast,” he said.

Moments later, Lembcke said he saw Collier return to the truck.

“He went back to his truck,” Lembcke said. “He got something else and it didn’t look like a gun but it was something kind of shaped like one and went back in.”

Officers from San Diego, National City and Chula Vista, and deputies from the San Diego County Sheriff’s Department were also at the scene to assist.

Neighbor Pam Gatar who lives about a block from the scene said she was outside when she heard officers exchange fire with the suspect.

“We were walking towards the corner, and we start hearing gunshots, and we don’t understand why,” Gatar said. “There had to have been at least 15, 20 shots fired. Then we saw the police.”

Richard Ogunsalu, who lives in the same complex as Gatar, was in the shower when he heard sirens and ran outside to see police everywhere and the house burning.

“I saw about 30 police cars, it was like martial law in the streets, man,” Ogunsalu said. “There was black roaring smoke in the sky, it was crazy, it just kept coming up. It was like a movie man, it was surreal.”

Ogunsalu said he saw a pedestrian praying over the downed officer.

“There’s some good people out here,” he said.

10News learned someone posted a Craigslist ad on Friday for an “Everything must go” yard sale at the same home on Prince Street.

The ad read: “Everything you need for your kitchen and more. Name your own price. I just want the stuff gone.”

10News confirmed with one neighbor that there have been yard sales at the home over the last couple of weekends, including one on Saturday.

It’s unclear who posted the ad or whether it has anything to do with Sunday’s incident.

One family friend told 10News he is in shock over what has happened.

“We’ve known them longer than we’ve known anybody,” said friend Jarrad McCarthy. “A few days ago, I guess they were having problems.”

McCarthy said the family was afraid something like this would happen.

“[They've] been worried about this for some time,” he said. “They’ve been expressing concerns to a lot of people for a while and nothing happened.”

Read more at www.10news.com

 

San Mateo doctor accused of molestation might receive deal

In domestic law on August 23, 2011 at 12:50 pm

Of Course Its socially acceptable to rape little girls. Only a lead injection is the cure for these freeks!

Amplify’d from www.sfexaminer.com

The long-running case of a prominent San Mateo child psychiatrist accused of molesting young patients could be resolved in court today, prosecutors said.

William Ayres, 79, was once president of the American Academy of Child and Adolescent Psychiatry. But in 2007, the doctor was charged with nine counts of performing lewd acts on seven boys during counseling sessions that took place between 1991 and 1996.

Ayres to be sent to mental hospital.
For the latest on this story, go here.
latest on this story, go here.
Accused San Mateo child psychiatrist William Ayres is charged with nine counts of performing lewd acts on boys during counseling. (Examiner file photo)
Accused San Mateo child psychiatrist William Ayres is charged with nine counts of performing lewd acts on boys during counseling. (Examiner file photo)
Prosecutors believe he also molested more than 30 other victims on dates that are beyond the statute of limitations.The case has lumbered in the courts for four years with no clear sign of resolution. As the time passed, the aging Ayres’ mental health has allegedly declined, sparking the probability that he is no longer competent to participate in his own defense, according to attorneys.

Ayres’ criminal trial in 2009 ended in a hung jury, with the majority of jurors in favor of conviction. At the time, prosecutor Melissa McKowan said she was “disappointed” at the result and felt “terrible for the victims.” She hoped to retry the case.

But McKowan’s bid for a retrial was delayed after Ayres’ attorney said his client showed signs of dementia. That led to a trial to determine whether Ayres is mentally fit to stand trial, which, again, ended in mistrial. Jurors deadlocked 8-4, with the majority saying he was incompetent.

Still, prosecutors argued that memory loss did not necessarily mean he couldn’t participate in his own defense. They said he could testify at his own speed and keep a personal record in order to remind himself of what occurred during trial proceedings.

A retrial of Ayres’ competency case is set to begin today. However, it appears that even prosecutors are considering resolving the case rather than going back to court.District Attorney Steve Wagstaffe told The San Francisco Examiner that prosecutors and defense attorney Jonathan McDougall were discussing the possibility of resolving the legal proceedings.

He declined to reveal any details about the talks.

“We’re ready to proceed to trial on [today] if need be,” Wagstaffe said.

The trial focused largely on physical exams Ayres conducted on his patients. Alleged victims younger than 14 testified the doctor groped them.

Ayres admitted to performing physical exams in which the boys were naked from the waist down, but testified that nothing inappropriate happened.

Read more at www.sfexaminer.com

Fallston Child Psychologist Guilty of Sexually Abusing Girls

In domestic law on August 23, 2011 at 12:37 pm

We MUST get Rid of these ‘witch-DoKtoRs’ Psychiatry is a fraud and a set up for crimes against others.

Amplify’d from belair.patch.com

David Wayne Schrumpf, a Whiteford resident, pleaded guilty Monday in Harford County District Court.

A Fallston child psychologist pleaded guilty Monday to three charges related to sexually abusing three girls he had treated, according to a release from the Harford County State’s Attorney’s office.

David Wayne Schrumpf, 55, of the 4400 block of Prospect Road in Whiteford, is scheduled to be sentenced Oct. 31 for one count of child sex abuse and two counts of second-degree assault of girls ages 7, 9 and 10.

Under the terms of the plea agreement, Schrumpf must register as a sex offender for the rest of his life, voluntarily surrender his psychology license and agree not to seek a license as a child psychologist in a jurisdiction in which he lives. He will undergo sex offender treatment and is prohibited from contacting anyone younger than 18.

The state is seeking a six-year jail sentence, according to the release.

The case was investigated by the Harford County Child Advocacy Center, with assistance from the Harford County Department of Social Services, the Harford County Sheriff’s Office and Maryland State Police.

See more at belair.patch.com

 

To Prevent Violence, Insist Men Stop the Abuse

In domestic law on August 23, 2011 at 12:31 pm
Amplify’d from www.womensenews.org

A recent editorial about a domestic violence murder case in Massachusetts placed the onus on stopping this violence on women. Rob Okun says the responsibility lies with men too, and that it’s time for men to speak up.

A recent editorial about a domestic violence murder case in Massachusetts placed the onus on stopping this violence on women. Rob Okun says the responsibility lies with men too, and that it’s time for men to speak up.

(WOMENSENEWS)–In the drive to end violence against women, even well-meaning allies can take a wrong turn.

Such was the case with a recent editorial in a small city newspaper in the progressive city of Northampton, Mass., two towns over from where I live. The community has a long history of working to prevent domestic violence, including longstanding collaborations among a variety of stakeholders, such as battered women’s shelters and the police, the district attorney’s office and, at 22 years, one of the oldest batterer intervention programs in the country.

“Seeking safety for women” was the headline of the Aug. 1 editorial published in response to the life sentence domestic violence murderer David W. Vincent III received. The brutal 2009 beating Vincent inflicted on his girlfriend Rebecca Moulton in Pittsfield, Mass.–plus not calling for medical assistance for the nearly eight hours following his assault–undoubtedly left many hearts aching and minds enraged. Unequivocally, the responsibility for what happened rests with Vincent.

But what missed the mark, by a wide margin, was the editorial’s final sentence, which placed an onus on women that rightly belongs with men. “Unless we all help women understand the danger they face from violent partners and insist they seek safety, these tragedies will continue unchecked,” the editorial concluded.

“When their partners turn violent,” the editorial reminded readers “women are at tremendous risk.” Fair enough.

Burdening the Woman

Huh? It makes little sense to place the burden of preventing violence on the woman. Why “insist” she seek safety instead of emphatically and unambiguously demanding violent men stop abusing?

Becky Moulton, a “funny, creative, smart and sweet” woman, as the editorial described her, is more than a symbol of the domestic violence epidemic that continues to plague society. Her senseless murder presents us with an opportunity to commit (or recommit) ourselves to preventing such acts. That opportunity will be compromised, though, if nonviolent men are not part of the effort.

It’s time to shift the paradigm from women seeking shelter from men’s violence to insisting angry men stop abusing their partners. And, we need that shift everywhere–our educational system, media, sports culture, government, the courts, faith communities–so we can collectively lay to rest a damaging, outmoded view of men and masculinity.

That shift also means teaching boys and girls (and men and women) to look at relationships through the lens of equality. The old-school belief of men dominating women, which sanctions misogynistic music videos, produces television shows that objectify women and denigrate fathers and fails to confront privileged men (most often, white) flouting their entitlement, all must be loudly and relentlessly challenged.

Begin With Education

We’ve come a long way from the days of police turning a blind eye to family violence perpetrated behind closed doors. But we have to do more than just arrest and jail perpetrators, or order them into batterer intervention programs. We have to begin educating elementary school boys and girls about respect in relationships before their ideas about gender solidify.

Imagine clergy, policymakers, coaches, parents and teachers articulating a vision of a better world, a healed society and a cooperative community. And imagine that the final sentence of a newspaper’s domestic violence editorial read: “Unless we educate boys and men about healthy relationships–including teaching nonviolent, conscious communication–some men will continue to believe dominating and abusing women is acceptable behavior and domestic violence tragedies will continue unchecked.”

Women have a right to expect that they no longer have to work to prevent domestic violence alone. Since the majority of men are not violent, it is time for them to speak out about the abuse a minority of men perpetrate.

Doing so is one way to honor the memory of Rebecca Moulton and offer a small measure of consolation to her family. To repair a culture of violence, where domestic abuse murders too often still occur, can we do anything less?

Read more at www.womensenews.org

 

Claudine Dombrowski Photos of Abuse (IACHR Petition) Filed on Behalf of Mothers and Their Children Nationally

In domestic law on August 18, 2011 at 9:24 pm

The Petition known as (Dombrowski et el v US 2007) was filed 2 years after the Gonzales case. http://www.stopfamilyviolence.org/info/custody-abuse/legal-documents/petition-to-inter-american-commission-on-human-rights

Lets hope we can move this forward– Batterers getting custody, Domestic Violence is a Human rights Issue.

A principal, autonomous body of the Organization of American States (OAS), the IACHR derives its mandate from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has a mandate to promote respect for human rights in the region and acts as a consultative body to the OAS in this matter. The Commission is composed of seven independent members who are elected in an individual capacity by the OAS General Assembly and who do not represent their countries of origin or residence.

As you view these photos keep in mind that the court awarded FULL CUSTODY of their daughter to the “man” who did this to Claudine.
To read Claudine’s history that was submitted to the IACHR, click here
If you want to know some of the many reasons women stay in abusive relationships, click here
AFTER THE BIRTH OF HER DAUGHTER, 1994
Click Here to View Full Size
AFTER EX-HUSBAND BEAT HER WITH A CROW BAR, 1996
Click Here to View Full Size
AFTER EX-HUSBAND RAPED AND BATTERED HER, 2000
AFTER EX-HUSBAND HIRED SOMEONE TO ASSAULT HER, 2003
Click Here to View Full Size
Click Here to View Full Size
Click Here to View Full Size

THE “COFFEE TABLE” IN THE FATHER’S HOME IS A CHILD’S COFFIN.  MOUNTED ON THE WALL ABOVE THE SOFA IS A GUN.

Read more at www.stopfamilyviolence.org

 

MOTHERS FILE INTERNATIONAL COMPLAINT AGAINST UNITED STATES- IACHR

In domestic law on August 18, 2011 at 9:16 pm

Mother’s day complaint claims United States courts violate human rights of abused women and children.

On the heels of the Jessica Gonzales Ruling at the IACHR (International Commission Human Rights) Comes the following petition.
You can read the Petition in it’s entirety at the Stop Family Violence site.
http://www.stopfamilyviolence.org/info/custody-abuse/legal-documents/petition-to-inter-american-commission-on-human-rights/full-text-of-iachr-petition

“For more than 30 years U.S. judges have given custody or unsupervised visitation of children to abusers and molesters putting the children directly at risk,” says Dianne Post, an international attorney who authored the petition.  “These horrendous human rights violations have been brought to the attention of family court systems, and state and federal governments, to no avail. We turn now to international courts to protect the rights and safety of US children.”

The complaint details several cases with documented medical evidence of child sexual abuse, yet in each instance the father who was accused of abuse was given full custody of the children.  Several of the mothers were jailed by the courts because of their persistent efforts to protect their children from abuse, several were ordered not to speak of the abuse and not to report abuse to authorities.  Every mother was denied contact with her child for some period of time though none was ever proven to have harmed them.

“My life was completely shattered apart on that day and my childhood was destroyed,” said Jeff Hoverson, the adult child petitioner, about the day a family court judge ordered sheriff deputies to deliver him into the custody of his abuser. “It was as if I was just kidnapped. I was torn from everything I knew….I was made into a possession rather than a child.”  Hoverson endured years of trauma and fear living in his father’s home before escaping and returning to his mother at age 17.  He is haunted by years of feeling helpless to prevent his father’s night-time visits to his sisters’ bedrooms.

 “The cases in this petition represent the proverbial tip of the iceberg,” says Irene Weiser, executive director of the online organization  Stop Family Violence.  “We are contacted by an average of three protective mothers each week who have lost custody to fathers accused of child abuse – in many cases with supporting medical evidence. This is a nationwide crisis of enormous proportion.”

“The lives of thousands of children and mothers have been irreparably harmed by family courts across our nation,” says Joyanna Silberg, Ph.D., executive vice-president of The Leadership Council on Child Abuse and Interpersonal Violence, another national organizations supporting the petition. “The years of trauma and psychological abuse because of the courts’ failings result in lasting emotional damage to the children they are supposed to protect.”

Studies of gender bias in the courts, conducted in the 1980’s and 90’s, found disturbing trends of courts minimizing or excusing men’s violence against women, and favoring the abusers.  In 1990 the United States Congress passed a resolution recommending the prohibition of giving joint or sole custody to abusers.  Seventeen years later, the practice continues unabated.  Ten years ago today, leading national organizations were joined by  members of Congress in a protest in Washington D.C. to again raise awareness about the problems in family courts.  Today, petitioners say, the problem is systemic and widespread in family law courts across the nation.

The petition seeks a finding from the Inter-American Commission on Human Rights that the U.S. has violated the Declaration of the Rights and Responsibilities of Man and the Charter of the Organization of American States and a statement of the steps that the U.S. must take to comply with its human rights obligations in regards to battered women and children in child custody cases.

The Inter-American Commission on Human Rights was created in 1959 and is expressly authorized to examine allegations of human rights violations by members of the Organization of American States, which include the United States. It also carries out on-site visits to observe the general human rights situations in all 35 member states of the Organization of American States and to investigate specific allegations of violations of Inter-American human rights treaties. Its charge is to promote the observance and the defense of human rights in the Americas.

Dianne Post, a 1980 graduate of the University of Wisconsin law school, has worked on issues of gender based violence since 1976.  In addition to private practice and legal aid, she has taught legal classes and been a consultant working or living in Russia, Cambodia, Hungary and some dozen other countries. She is currently in Vladivostok, Russia.

In addition to The Leadership Council on Child Abuse and Interpersonal Violence, other national organizations supporting the international lawsuit include: National Organization for Women and the NOW Foundation, National Coalition Against Domestic Violence, Justice For Children, National Family Court Watch Project, Legal Momentum, Family Violence Prevention Fund, National Alliance to End Sexual Violence, Domestic Violence Report, Sidran Traumatic Stress Institute, and the National Center on Sexual and Domestic Violence. The petition is supported by many state organizations as well.

In December 2005, the American Civil Liberties Union filed a petition against the United States with the Inter American Commission on Human Rights for their failure to protect Jessica Gonzales’ three children from their abusive father, who murdered them.  Their petition, the first of its kind, asserted that domestic violence victims have the right to be protected by the state from the violent acts of their abusers.

Read more at www.stopfamilyviolence.org

 

International human rights group takes up case of kids murdered by father; mom’s restraining order ignored by police (Castle Rock, Colorado)

In domestic law on August 18, 2011 at 9:11 pm

Those with long memories may remember this case. Dad SIMON GONZALEZ murdered his three young daughters back in 1999. The mother had already secured a restraining order against her ex-husband, but the police refused to enforce it. Daddy was later killed by the police when he fired gunshots through the police department’s window. The mother’s attempts to get justice in the U.S. have been unsuccessful. Now the Inter-American Commission on Human Rights (IACHR) has published its merits report on this case–and it is scathing.

The next IACHR Petition is the Mothers Day Petition filed May 11, 2007
http://www.stopfamilyviolence.org/info/custody-abuse/legal-documents/petition-to-inter-american-commission-on-human-rights

exhaustive investigation into systemic failures that took place related to the enforcement of Jessica Lenahan’s protection order, to reinforce through legislative measures the mandatory character of the protection orders and other precautionary measures to protect women from imminent acts of violence, and to create effective implementation mechanisms, among others.

A principal, autonomous body of the Organization of American States (OAS), the IACHR derives its mandate from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has a mandate to promote respect for human rights in the region and acts as a consultative body to the OAS in this matter. The Commission is composed of seven independent members who are elected in an individual capacity by the OAS General Assembly and who do not represent their countries of origin or residence.

omplaints presented by Jessica Lenahan before the death of her daughters. The State also failed to investigate the circumstances of their deaths once their bodies were found. Consequently, their mother and their family live with this uncertainty, and the law enforcement officers in charge of implementing the law have not been held accountable for failing to comply with their responsibilities.



The Commission
encourages the United States to comply with the recommendations contained in the Merits Report, which include to conduct a serious, impartial and exhaustive investigation into systemic failures that took place related to the enforcement of Jessica Lenahan’s protection order, to reinforce through legislative measures the mandatory character of the protection orders and other precautionary measures to protect women from imminent acts of violence, and to create effective implementation mechanisms, among others.



A principal, autonomous body of the Organization of American States (OAS), the IACHR derives its mandate from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has a mandate to promote respect for human rights in the region and acts as a consultative body to the OAS in this matter. The Commission is composed of seven independent members who are elected in an individual capacity by the OAS General Assembly and who do not represent their countries of origin or residence.

0
comments:

Post a Comment

Subscribe to:
Post Comments (Atom)
The Commission established that the State did not duly investigate the com
which he was fatally wounded and killed. The deceased bodies of the three girls were found in his truck.

The restraining order was the only means available to Jessica Lenahan at the state level to protect herself and her children in a context of domestic violence, and the police did not effectively enforce it. The state apparatus was not duly organized, coordinated, and ready to protect these victims from domestic violence by adequately and effectively implementing the restraining order. These failures to protect constituted a form of discrimination in violation of the American Declaration, since they took place in a context where there has been a historical problem with the enforcement of protection orders; a problem that has disproportionately affected women since they constitute the majority of the restraining order holders.

ock Police Department during the evening of June 22, 1999 and the morning of June 23, 1999. In each of her telephone calls and discussions with the police agents, she requested efforts to locate her daughters and she informed them that she possessed a protection order against Simon Gonzales. Her contacts were met with a police response that was fragmented, uncoordinated and unprepared, and it did not respect the terms of the restraining order. That morning, Simon Gonzales drove his pick-up truck to the Castle Rock Police Department and fired shots through the window. There was an exchange of gunfire with officers from the station in the course of
Washington, DC, August 17, 2011 – The Inter-American Commission on Human Rights (IACHR) made public today its merits report on Case No. 12.626, Jessica Lenahan (formerly Jessica Gonzales), United States, related to the duties of the State to respond to situations of domestic violence with diligent protection measures.

Jessica Lenahan, a victim of domestic violence along with her daughters Leslie, Katheryn and Rebecca Gonzales, ages 7, 8 and 10, obtained a restraining order against her ex-husband from the Colorado Courts in May 21, 1999. Not knowing the whereabouts of her daughters, Jessica Lenahan had eight contacts with the Castle

IACHR PUBLISHES REPORT ON CASE JESSICA LENAHAN OF THE UNITED STATES
PRESS RELEASE

IACHR PUBLISHES REPORT ON CASE JESSICA LENAHAN OF THE UNITED STATES

Washington, DC, August 17, 2011 – The Inter-American Commission on Human Rights (IACHR) made public today its merits report on Case No. 12.626, Jessica Lenahan (formerly Jessica Gonzales), United States, related to the duties of the State to respond to situations of domestic violence with diligent protection measures.



Jessica Lenahan, a victim of domestic violence along with her daughters Leslie, Katheryn and Rebecca Gonzales, ages 7, 8 and 10, obtained a restraining order against her ex-husband from the Colorado Courts in May 21, 1999. Not knowing the whereabouts of her daughters, Jessica Lenahan had eight contacts with the Castle
Rock Police Department during the evening of June 22, 1999 and the morning of June 23, 1999. In each of her telephone calls and discussions with the police agents, she requested efforts to locate her daughters and she informed them that she possessed a protection order against Simon Gonzales. Her contacts were met with a police response that was fragmented, uncoordinated and unprepared, and it did not respect the terms of the restraining order. That morning, Simon Gonzales drove his pick-up truck to the Castle Rock Police Department and fired shots through the window. There was an exchange of gunfire with officers from the station in the course of which he was fatally wounded and killed. The deceased bodies of the three girls were found in his truck.



The restraining order was the only means available to Jessica Lenahan at the state level to protect herself and her children in a context of domestic violence, and the police did not effectively enforce it. The state apparatus was not duly organized, coordinated, and ready to protect these victims from domestic violence by adequately and effectively implementing the restraining order. These failures to protect constituted a form of discrimination in violation of the American Declaration, since they took place in a context where there has been a
historical problem with the enforcement of protection orders; a problem that has disproportionately affected women since they constitute the majority of the restraining order holders.

The Commission established that the State did not duly investigate the complaints presented by Jessica Lenahan before the death of her daughters. The State also failed to investigate the circumstances of their deaths once their bodies were found. Consequently, their mother and their family live with this uncertainty, and the law enforcement officers in charge of implementing the law have not been held accountable for failing to comply with their responsibilities.



The Commission
encourages the United States to comply with the recommendations contained in the Merits Report, which include to conduct a serious, impartial and exhaustive investigation into systemic failures that took place related to the enforcement of Jessica Lenahan’s protection order, to reinforce through legislative measures the mandatory character of the protection orders and other precautionary measures to protect women from imminent acts of violence, and to create effective implementation mechanisms, among others.



A principal, autonomous body of the Organization of American States (OAS), the IACHR derives its mandate from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has a mandate to promote respect for human rights in the region and acts as a consultative body to the OAS in this matter. The Commission is composed of seven independent members who are elected in an individual capacity by the OAS General Assembly and who do not represent their countries of origin or residence.









0
comments:










Post a Comment




















Subscribe to:
Post Comments (Atom)




N° 92/11

Read more at dastardlydads.blogspot.com

 

KANSAS: Kahler Trial – Killer DAD Blames His Divorce for Murdering of His Wife and two Daughters (Stalker, History of Domestic Violence)

In domestic law on August 17, 2011 at 1:12 pm
This guy is a typical Batterer— the ultimate and complete control. Thanks to Susan Murphy Milano for Calling this for what it is.
Trial of Karen Kahler & Children: Intimate Partner Homicide meets Absurd Defense


The trials of intimate partner homicides silenced by those whom at one time professed to love the spouse or partner during the relationship, have turned courtrooms across the county into theater of the absurd.

Defense tactics are now being argued in a court of law that teeter more on "hearsay" then fact. Add to this mix the past history of abuse not admissible during trial and you have a recipe for disaster. The courts allow for a defendants mental state at the time of the killing, but the pattern of conduct leading up to the murder has little or no significance.

As a tragic example is the current murder trial of Kraig Kahler. His defense and the headline after the second day of trial is "Kansas Murder Suspect Blamed Divorce on Wife’s Lover." This is where the absurd enters the picture in this case. There are four people who lost their lives on November 28, 2009. They are:

Karen Kahler (estranged wife)

Emily Kahler ( 18 year old daughter)

Lauren Kahler (16 year old daughter)

Dorothy Wight (grandmother)

A son Sean, 10 years old at the time survived by fleeing to safety down the road to a neighbors home.

The blame game should not be a defense for a man whom carefully planned out the murders of his family. Karen and the kids go to grandma’s for thanksgiving weekend. He follows there every move, just as he had been doing for months prior to the day of the murders.

Prior to the shooting he stalked her. Kahler lost his job the Director of Columbia Water & Light because of his criminal acts of stalking and violence. The couple was in the middle of a divorce.

The defense is claiming that their client had a mental breakdown because Karen was in a relationship with another woman. Forget the fact that Kahler had been violent towards Karen for years. Forget the fact that she filed for divorce to get away from the violence. Forget the fact that Kahler is a psychopath. His behavior and actions are that of a very sound and stable individual who conveniently according to the defense has had a mental breakdown. That sounds like hearsay to me. Isn’t the trial about the murders? Didn’t Kahler get in the car and follow his family? Did he stop and pay for gas on his road trip? Did he load the weapons prior to the murders? Did he go into hiding after he shot his family before he was arrested? Those sound and appear to be very thoughtful steps of an angry abusive, controlling, killer!

Karen Kahler is not here. Matter of fact she begged for her life before he pumped more bullets in the mother of his three children.

Kraig Kahler actions on November 28, 2009, were not hearsay, but premeditated . The life and or lifestyle choice of Karen Kahler should not be on trial.

The actions of a very sane man taking the cowards way out speaks volumes of a psychopath using the system to his advantage.

For victims of intimate partner violence that leads to homicide, this is a tragic view from inside the theater of the absurd!

****

Susan Murphy Milano is a staff member of the Institute for Relational Harm Reduction and Public Pathology Education . She is a specialist with intimate partner violence prevention strategies and high risk cases and available for personal consultations through the Institute. She is also part of the team at Management Resources Limited of New York.

Follow

Get every new post delivered to your Inbox.

Join 3,331 other followers

%d bloggers like this: