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FL jury acquits Dad in *felony* spanking. Kid agrees with Dad
Teen daughter agrees that Dad was just in his punishment. States that her
family was harmed far more by the intrusive legal system and DCF, than her father's aversive. ------ Jury acquits dad in 'felony' spanking Teen believes father should not have been charged -------------------------------------------------------------------------- ------ Posted: August 7, 2003 5:00 p.m. Eastern © 2003 WorldNetDaily.com A South Florida jury has ruled spanking a disobedient teen-ager with a belt does not amount to felony child abuse. The decision wasn't a hard one for jurors, who deliberated for less than an hour before acquitting Naples, Fla., resident William O'Brien. "I'm happy with the outcome," O'Brien told the Fort Myers News-Press after the verdict was handed down. His wife and the 14-year-old daughter he spanked offered congratulatory hugs. O'Brien, 43, faced a maximum five-year prison sentence and a $5,000 fine over the May 27, 2002, incident, in which he says he "swatted" his then-13-year-old daughter once after she cursed her mother and then defied his order to stay in her bedroom, according to the local paper. The swat spiraled into a six-month legal battle after the girl's classmates convinced her to report the spanking to the school nurse, who then passed word of the purported crime onto case workers with the state Department of Children and Families. "The state did more harm to this child than the spanking ever did," remarked defense attorney Donald Day. Although prosecutors offered to reduce the charge to a misdemeanor, O'Brien determined his was a necessary battle to send a message. "To not fight this would have set a bad precedent for parents trying to raise children in today's times," he said. The prosecutors, who had insisted on a jury trial, remained resolute despite the ruling. "Should you be able to leave a mark on a child that lasts a week?" the News Press quotes Assistant State Attorney Steve Maresca as saying. O'Brien counters the mark went away and didn't cause permanent harm. The teen-ager, who was not named to protect her privacy, says she learned her lesson and now obeys her parents. She learned another lesson about the legal system and says her father should never have been charged. -------------------------------------------------------------------------- ------ If you'd like to sound off on this issue, please take part in the WorldNetDaily poll. http://www.worldnetdaily.com http://www.CPSWatch.com/fl/ Send a message to DCF and Family Court. Certain prerogratives should remain within the family. Note case probably sets a precedent for case law within FL and for DCF continual unhelpful intrusions and illegalities extending their reach far beyond reasonable authority into the FAMILY. |
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