Gitana, I'm so glad you are following this thread! Having you help us answer the legal questions is just plain awesome! :highfive:
You're welcome. I hope I can be helpful and not confusing!
For those of you are just catching up and haven't had time to read this whole thread from today,..........While they were in court, another Websleuther brought our attention to an article today in the local paper. This may be good fodder for the judge to review when she makes a decision on this case and the TRUTHFULNESS, OR NOT of Josh Powell.
There's NO way in heck JP didn't know what SP had and was doing. NO way!:liar:
fran
http://www.msnbc.msn.com/id/44707767
*advertiser censored* was factor in Steven Powell divorce
In the court documents, Terri Powell wrote that Steve Powell talked of teaching his children about birth control methods when they were as young as 9 years old. Terri's sister, Becky Mulcahy, wrote in the documents that Steve Powell told her that he had shown his youngest children books about sexual intercourse when they were 6 and 8 years old.
Terri Powell said her husband viewed people as animals and that they should be able to have sex with anyone at any time. She recalled a conversation in which Josh referred to a girl his brother, Johnny, liked. "All she is good for is her body, right Dad?" Terri recalled Josh saying.
"Yeah, that's right," Steve Powell replied, according to the declaration.
<<<<<<<<<< more at link >>>>>>>>>>>>
This is atrocious. Simply gross. I'll say I don't have a problem teaching little kids the birds and the bees in an age appropriate manner, but you know this horrible person just showed them a *advertiser censored* book, or something.
I'm sorry, but he is just one sick, sick, person. You can see that he was terribly twisted by what his father did to him and made to hate women. Then, he was allowed to do that to his own kids.
But regarding custody, it looks like the younger ones were placed with mom and the older ones with SP after they wrote declaration or spoke with the court about how bad their mom was and how much they wanted to be with their dad.
Also, while we read these allegations as fact (and I am positive they are), the court does not. They read them as allegations and then just decide who is more truthful. Parties to a divorce often come up with incredible allegations but if the other side says it's not true and if the kids don't back up the allegations, it can be hard to prevail. Maybe the kids didn't back up the allegations at first? Or couldn't remember them?
The thing is, the smaller ones may have been too young to remember. And maybe the 11 year old was sent to live with mom but the teens with dad due to the teens' strong feelings and/or the feeling by the judge that they were old enough to protect themselves from whatever SP was capable of.
IIRC, JP wrote a scathing declaration against his mom, was given to his dad but then moved back with his mom at one point, telling the court that she was great and could provide him what he needed.
In any event, it is certainly easy to see that any decision allowing SP to have custody at any time was a horrible decision. I'm thinking much of the damage was already done by then, though. The kids were probably subjected to his insanity for years prior to the divorce.
All I know is that this is what generational parental alienation looks like. SP was twisted into the monster he is by his dad's act, he did the same to his kids and then JP tried to do the same with his (listen to the last websleuths radio broadcast for more on that!). Maybe his attempt to drive a wedge between the boys and their mom didn't work so well. So, he did the next best thing and murdered her.
These people are horribly messed up. SP sounds almost psychotic in his hatred of women and the Mormon church. JP is as monstrous or worse than his father.
I sincerely hope that the Coxes' attorneys grab every bit of info they can, from JP's family and old court records, from people who knew Susan and JP together, everything they can find, and submit it to the person evaluating joshie.
I have been through enough of these evaluations to know that the people taking them can omit any information they think would be harmful to them, denying the evaluator the opportunity to see the complete picture of who the person is. Having collaterals send in information, and preparing a package with as much evidence as possible for the evaluator is invaluable.
JP is going to be taking the MMPII, a psych eval test. But the test results are subjective. They are open to interpretation by the psychologist. If JP is not forthcoming in his responses, extra info can help to paint the total picture. If he is accidentally forthcoming but manages to charm the psychologist or make him or her feel sorry for him, extra info can change any first impressions the psychologist may have and allow them to see the big picture. Hmmm. Maybe I will stick my nose in and send an e-mail to the Coxes' attorney. I am one of the only attorneys I know who prepares the clients so intensively for these things. So who knows, maybe my advice would prove helpful?