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FL jury acquits Dad in *felony* spanking. Kid agrees with Dad



 
 
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  #1  
Old August 8th 03, 05:43 PM
Fern5827
external usenet poster
 
Posts: n/a
Default 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.






  #2  
Old August 13th 03, 02:04 AM
Mark
external usenet poster
 
Posts: n/a
Default FL jury acquits Dad in *felony* spanking. Kid agrees with Dad

wrote:

Message-id:

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


Ouch! I don't like seeing copyrighted materials posted here.


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.

[snip]

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 lack of interest in this one puzzles me. It appears to be exactly the sort
of case this group is supposed to discuss. In Doan's version of the FAQ, he
wrote (under item 8):

"...[S]everal extreme position posters continue to claim that all spanking is
child abuse, even that which is clearly legal in all fifty states of the
union...."

Is it "clearly legal" or isn't it? If someone can be prosecuted on a felony
charge for striking their daughter ONCE (according to the article) then the
legality of it must not be all that clear in Florida. Does anyone know what
Florida law actually says? Or is it just as muddled, chaotic and malleable as
Florida election law? :-)

Mark
  #3  
Old August 13th 03, 10:16 PM
Catherine Woodgold
external usenet poster
 
Posts: n/a
Default FL jury acquits Dad in *felony* spanking. Kid agrees with Dad

Mark ) writes:

Is it "clearly legal" or isn't it? If someone can be prosecuted on a felony
charge for striking their daughter ONCE (according to the article) then the
legality of it must not be all that clear in Florida. Does anyone know what
Florida law actually says? Or is it just as muddled, chaotic and malleable as
Florida election law? :-)

Mark



Laws about spanking are vague. They use phrases such as
"reasonable force" without specifically defining whether
striking somone on the buttocks, or other specific acts,
fall within that category or not. There's a lot of
room for interpretation there, and since the average
person's attitude towards spanking is changing, partly
in response to research associating negative effects
with spanking and failing to find any long-term positive
effects, the law is in effect changing too.

Here's a link to a January 2002 judgement of
the Ontario Court of Appeal on spanking:

(Click on the link for "Canadian Foundation
for Children, Jan. 15, 2002):
http://www.ontariocourts.on.ca/decis.../2002index.htm

Some interesting bits:

"[8] McCombs J. found significant areas of agreement among
these experts...

[summary of agreement among them:]

"'... Hitting a child under two is wrong and harmful ...

"'Corporal punishment of teenagers: is not helpful and
[is] potentially harmful..."

"'Corporal punishment should never involve a slap or
a blow to the head.

"'Corporal punishment which causes injury is child abuse...

"'The consensus among the experts is that not every
instance of physical discipline by a parent should
be criminalized. ... desirable objective ... would
be best achieved through educational incentives rather
than ... criminal sanctions ...'"


"[19] It is clear the federal government does not
advocate any form of physical punishment ...
program run by Health Canada ... states: 'No matter
how angry you are it's never okay to spank children.
It's a bad idea and it doesn't work.'..."


"[52] In summary, the s. 7 issue ... is not about whether
physical punishment of children is good or bad. The
government has clearly and properly determined that
it is bad. Rather the issue is whether s. 43 infringes the
child's security of the person in a way that violates
the principles of fundamental justice. ..."



The law being discussed here (section 43 of the Criminal
Code) is:

"43. Every schoolteacher, parent or person standing in the
place of a parent is justified in using force by way
of correction toward a pupil or child, as the case may
be, who is under his care, if the force does not exceed what
is reasonable under the circumstances."


The wording of this law has not changed, as far as I know.
However, its effect has changed along with society's
attitudes. The Court of Appeal decision mentioned above
effectively clarified that certain categories of spanking
are not considered reasonable and are therefore not
allowed: specifically, spanking of children under two,
spanking of teenagers, blows to the head, spankings that cause
injury, and certain other types of spanking are no longer allowed
in Ontario.

--
Cathy
  #4  
Old August 14th 03, 01:41 AM
LaVonne Carlson
external usenet poster
 
Posts: n/a
Default FL jury acquits Dad in *felony* spanking. Kid agrees with Dad



Fern5827 wrote:

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.


Sometimes I read your posts and get angry. Sometimes I read your posts and am
amazed by your ignorance. Other times, I read your posts and cry.

A teen daughter, hit by her father, supports her father in family court. This
isn't surprising, Fern, and it certainly doesn't mean that CPS was wrong to
intervene. Children attach, even to abusive parents. What do you know about
attachment theory? Even children who are severely abused will choose the abusive
parent, because this is what the child knows. Don't you get it, Fern? Young
girls who have been raped and cut by biological fathers will choose the father
over out-of-family placement. This doesn't mean that children should not be
removed or that CPS should not be involved. Only ignorant people with an
anti-child and anti-CPS agenda would suggest such solutions.

LaVonne



------
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.



  #5  
Old August 14th 03, 01:42 AM
LaVonne Carlson
external usenet poster
 
Posts: n/a
Default FL jury acquits Dad in *felony* spanking. Kid agrees with Dad



Fern5827 wrote:

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.


Sometimes I read your posts and get angry. Sometimes I read your posts and am
amazed by your ignorance. Other times, I read your posts and cry.

A teen daughter, hit by her father, supports her father in family court. This
isn't surprising, Fern, and it certainly doesn't mean that CPS was wrong to
intervene. Children attach, even to abusive parents. What do you know about
attachment theory? Even children who are severely abused will choose the abusive
parent, because this is what the child knows. Don't you get it, Fern? Young
girls who have been raped and cut by biological fathers will choose the father
over out-of-family placement. This doesn't mean that children should not be
removed or that CPS should not be involved. Only ignorant people with an
anti-child and anti-CPS agenda would suggest such solutions.

LaVonne



------
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.



  #6  
Old August 16th 03, 05:01 PM
Chris C.
external usenet poster
 
Posts: n/a
Default FL jury acquits Dad in *felony* spanking. Kid agrees with Dad

Fern,

dr. laVonne of "cohort" fame using extreme examples again to lecture
you on attachment theory.--Did the father deserve 5 years+ in state
prison for the act of one swat? I think this case supports what the
non-cohort posters have been saying for some time. This isn't the
solution to the issue. Adversarial approaches and the funding
mechanism for CPS must be changed--forcing these cases to court to
justify their funding/existence is not the structure/model needed to
support happy healthy families.--But don't tell the "cohort" as the
march blindly down their well beaten path.

Non-spanker by choice,
Chris C.
TX

LaVonne Carlson wrote in message ...
Fern5827 wrote:

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.


Sometimes I read your posts and get angry. Sometimes I read your posts and am
amazed by your ignorance. Other times, I read your posts and cry.

A teen daughter, hit by her father, supports her father in family court. This
isn't surprising, Fern, and it certainly doesn't mean that CPS was wrong to
intervene. Children attach, even to abusive parents. What do you know about
attachment theory? Even children who are severely abused will choose the abusive
parent, because this is what the child knows. Don't you get it, Fern? Young
girls who have been raped and cut by biological fathers will choose the father
over out-of-family placement. This doesn't mean that children should not be
removed or that CPS should not be involved. Only ignorant people with an
anti-child and anti-CPS agenda would suggest such solutions.

LaVonne



------
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.


  #7  
Old August 17th 03, 02:15 AM
Doan
external usenet poster
 
Posts: n/a
Default FL jury acquits Dad in *felony* spanking. Kid agrees with Dad

Good point!
Doan

On 16 Aug 2003, Chris C. wrote:

Fern,

dr. laVonne of "cohort" fame using extreme examples again to lecture
you on attachment theory.--Did the father deserve 5 years+ in state
prison for the act of one swat? I think this case supports what the
non-cohort posters have been saying for some time. This isn't the
solution to the issue. Adversarial approaches and the funding
mechanism for CPS must be changed--forcing these cases to court to
justify their funding/existence is not the structure/model needed to
support happy healthy families.--But don't tell the "cohort" as the
march blindly down their well beaten path.

Non-spanker by choice,
Chris C.
TX

LaVonne Carlson wrote in message news:3F3ADAFC.582016=

...
Fern5827 wrote:

Teen daughter agrees that Dad was just in his punishment. States tha=

t her
family was harmed far more by the intrusive legal system and DCF, tha=

n her
father's aversive.


Sometimes I read your posts and get angry. Sometimes I read your posts=

and am
amazed by your ignorance. Other times, I read your posts and cry.

A teen daughter, hit by her father, supports her father in family court=

=2E This
isn't surprising, Fern, and it certainly doesn't mean that CPS was wron=

g to
intervene. Children attach, even to abusive parents. What do you know=

about
attachment theory? Even children who are severely abused will choose =

the abusive
parent, because this is what the child knows. Don't you get it, Fern? =

Young
girls who have been raped and cut by biological fathers will choose the=

father
over out-of-family placement. This doesn't mean that children should n=

ot be
removed or that CPS should not be involved. Only ignorant people with =

an
anti-child and anti-CPS agenda would suggest such solutions.

LaVonne



------
Jury acquits dad
in 'felony' spanking
Teen believes father should not have been charged

---------------------------------------------------------------------=

-----
------
Posted: August 7, 2003
5:00 p.m. Eastern

=A9 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 t=

han 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 spa=

nked
offered congratulatory hugs.

O'Brien, 43, faced a maximum five-year prison sentence and a $5,000 f=

ine 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 t=

o stay in
her bedroom, according to the local paper.

The swat spiraled into a six-month legal battle after the girl's clas=

smates
convinced her to report the spanking to the school nurse, who then pa=

ssed 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," r=

emarked
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?" th=

e 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 lea=

rned 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 Wor=

ldNetDaily
poll.

http://www.worldnetdaily.com

http://www.CPSWatch.com/fl/ Send a message to DCF and Family Court=

=2E Certain
prerogratives should remain within the family. Note case probably se=

ts a
precedent for case law within FL and for DCF continual unhelpful intr=

usions and
illegalities extending their reach far beyond reasonable authority in=

to the
FAMILY.




  #8  
Old August 17th 03, 02:18 AM
Kane
external usenet poster
 
Posts: n/a
Default FL jury acquits Dad in *felony* spanking. Kid agrees with Dad

(Chris C.) wrote in message om...
Fern,

dr. laVonne of "cohort" fame using extreme examples again to lecture
you on attachment theory.


I'm glad you caught The Plant at It's game...oh wait, you were talking
about someone else. Scuse me.

The Extreme Example crown belongs to folks in your cohort, Cee Cee.

If you read what LaVonne actually said she made it clear that both
severe and less severe abuse can still result in trauma bonding.
Which, by the way, results in a loss of healthy attachment. Which can
lead children to become, as adults, unable to form trusting
relationships, and more especially to have fully formed moral and
ethical personalities.

You seem to fit the model.

Did the father deserve 5 years+ in state
prison for the act of one swat?


That depends on circumstances, now doesn't it?

For those that consider the parent sacrosanct, and the child mere
property, no it would have been out of the question. For those that
recognize that children have rights, and also know that trauma bonding
of the victim to the perp is a common occurance in all kinds of
violent exchanges, the outcome of this situation was a loss for the
child.

While he might not deserve jail, and I am not going to say based on a
media source, he certainly deserved some charge and on the finding of
guilty assignment to education on child development, and especially on
the reaction of females to being swatted by males.

I think this case supports what the
non-cohort posters have been saying for some time.


They aren't non-cohort. They are a cohort of their own, and a sicker
bunch I've never run across. The CCC bunch, the Cognitive Challenged
Cohort.

This isn't the
solution to the issue. Adversarial approaches


The father came to a CPS office or other source and asked for help in
learning how to parent better? Gosh I didn't know that. Can you give
me a citation?

and the funding
mechanism for CPS must be changed


Oh, I see. This isn't really about parenting at all. It's about your
sick obsession with CPS and hoping it will go away so that if you ever
do chose to molest or beat your children you'll be more likely to get
away with it. Am I incorrect in my assessment? I wouldn't want to
misunderstand your position.

--forcing these cases to court to
justify their funding/existence is not the structure/model needed to
support happy healthy families.


Okay, parenting expert. What WOULD be the best structure/model,
assuming that one variable is unchangable, as has been proven in the
past: lousy abusive, "I own this child" parents will NOT present
themselves for more education.

They, like you, think they know it all.

--But don't tell the "cohort" as the
march blindly down their well beaten path.


Yes, the CCC is truely blind and busily marching along to a child
beating rythm.

Since CPS doesn't force these cases to court...the DA does that...you
are as full of cohort as a Xmas goose apparently. Let a little out for
The Plant, will yah huh. It's short of fertilizer. I can tell.

Non-spanker by choice,


Translation: "Pro-spanker by mental and emotional imcompetency"

Chris C.
TX


Kane
CPSWatch watcher, USA




LaVonne Carlson wrote in message ...
Fern5827 wrote:

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.


Sometimes I read your posts and get angry. Sometimes I read your posts and am
amazed by your ignorance. Other times, I read your posts and cry.

A teen daughter, hit by her father, supports her father in family court. This
isn't surprising, Fern, and it certainly doesn't mean that CPS was wrong to
intervene. Children attach, even to abusive parents. What do you know about
attachment theory? Even children who are severely abused will choose the abusive
parent, because this is what the child knows. Don't you get it, Fern? Young
girls who have been raped and cut by biological fathers will choose the father
over out-of-family placement. This doesn't mean that children should not be
removed or that CPS should not be involved. Only ignorant people with an
anti-child and anti-CPS agenda would suggest such solutions.

LaVonne



------
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.

--------------------------------------------------------------------------
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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.


  #9  
Old August 17th 03, 05:42 AM
R. Steve Walz
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Posts: n/a
Default FL jury acquits Dad in *felony* spanking. Kid agrees with Dad

Doan wrote:

Good point!
Doan

-------------
Eat **** and die burning in a hole with all your kind, ****-mouth.
Steve
  #10  
Old August 17th 03, 07:29 AM
Doan
external usenet poster
 
Posts: n/a
Default FL jury acquits Dad in *felony* spanking. Kid agrees with Dad

On Sun, 17 Aug 2003, R. Steve Walz wrote:

Doan wrote:

Good point!
Doan

-------------
Eat **** and die burning in a hole with all your kind, ****-mouth.
Steve

Oops! More ****s coming out of steve's mouth again! ;-)

Doan


 




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