GUILTY TX - Sherin Mathews, 3, Richardson, 7 Oct 2017 #9

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Unbelievable. I wonder if her husband struck a plea deal to plead guilty if charges were dropped against her, or else Sini has cooperated with authorities. How the heck can one not prove child abandonment when she admitted that she and husband left Sherin home alone when they went to dinner. His trial is coming up, something is up
 
Rhenish said:
Unbelievable. I wonder if her husband struck a plea deal to plead guilty if charges were dropped against her, or else Sini has cooperated with authorities. How the heck can one not prove child abandonment when she admitted that she and husband left Sherin home alone when they went to dinner. His trial is coming up, something is up
Click to expand...

Yea, this is what I'm thinkin' here....
 
Ms. Mathews must have cut a deal, I speculate. She will testify against her husband, willingly I am guessing. I wonder if he is taking the fall for her, and she was the aggressor. I guess we will never know.

It's a shame the court couldn't mandate as part of a deal (if there was one), that she be forever banned from contact with children under 18 years of age.
In my opinion, this decision is a travesty, but then again, I'm not a law professional. Perhaps Gitana or someone else more qualified than I will weigh in.

I'm disgusted.
Amateur opinion and speculation only
 
Grouchymom said:
As emotional as this case has been it wouldn’t surprise me if someone were to make an attempt on her life.
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The evil death and apparent months of abuse this child endured is very hard to process. I would encourage the loving people of Richardson to honor Sherin's beautiful soul with a magnificent Magnolia tree. Their blossoms and fragrance are so beautiful, and befitting to associate with this sweet little soul, Miss Sherin. In this manner, every year when the Magnolia blooms they can remember Sherin with a little festival for the children. Perhaps start a charity for abused children in Richardson, "Sherin's Blossoms".

However you remember her and honor her memory, just keep her legacy alive. Her life had meaning, and the message of zero tolerance for child abuse must live on....just like Sherin's soul.

XXOO

Amateur opinion and speculation
 
I have no words. I'm sorry baby girl.

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https://www.restlandfuneralhome.com/events/sherin-mathews-memorial-service/

Sherin Mathews' foster parents to be tried separately: US court

Bid to enact 'Sherin's Law' in Texas gaining momentum: Report - Times of India
 
rosesfromangels said:
Ms. Mathews must have cut a deal, I speculate. She will testify against her husband, willingly I am guessing. I wonder if he is taking the fall for her, and she was the aggressor. I guess we will never know.

It's a shame the court couldn't mandate as part of a deal (if there was one), that she be forever banned from contact with children under 18 years of age.
In my opinion, this decision is a travesty, but then again, I'm not a law professional. Perhaps Gitana or someone else more qualified than I will weigh in.

I'm disgusted.
Amateur opinion and speculation only
Click to expand...

Tehas is different from Cali, but I agree & would love to hear/read @Gitana 's take on this development.

JMHO

ETA: an attempt to tagging Gitana. I coded ForTran in college, but, um, am less tech-savvy in this millenium.
 
rosesfromangels said:
Ms. Mathews must have cut a deal, I speculate. She will testify against her husband, willingly I am guessing. I wonder if he is taking the fall for her, and she was the aggressor. I guess we will never know.

It's a shame the court couldn't mandate as part of a deal (if there was one), that she be forever banned from contact with children under 18 years of age.
In my opinion, this decision is a travesty, but then again, I'm not a law professional. Perhaps Gitana or someone else more qualified than I will weigh in.

I'm disgusted.
Amateur opinion and speculation only
Click to expand...

I haven't followed the case much except that this is another casein which a little child was slowly abused to death, used as the family punching bag.

The mom's charges were dropped? What was she charged with initially?

If it was a plea deal I would think there'd still be lesser charges of some sort. Maybe there are evidentiary issues?
 
Okay. I looked it up. She wasn't charged with murder or child abuse. She was charged with child abandonment because she left Sherin alone the night before she died.

"In a letter to the 282nd Criminal District Court, the Dallas County District Attorney wrote that "after extensive investigation, it has been determined that the state cannot prove this matter beyond a reasonable doubt at this time... the state respectfully requests that this case be dismissed without prejudice.""
3-Year-Old Sherin Mathews' Foster Mother Released From Jail.

So it looks like an evidentiary issue.

The law appears to be Texas Penal code section 22.041:
(a) In this section, “abandon” means to leave a child in any place without providing reasonable and necessary care for the child, under circumstances under which no reasonable, similarly situated adult would leave a child of that age and ability.
(b) A person commits an offense if, having custody, care, or control of a child younger than 15 years, he intentionally abandons the child in any place under circumstances that expose the child to an unreasonable risk of harm.

So the elements are:

1. Leaving a child somewhere.
2. Without reasonable and necessary care (which is open to interpretation depending on circumstances).
3. Under circumstances that no other reasonable adult would leave a child of that age and ability.
4. The abandonment exposes the child to an unreasonable risk of harm.
5. With the intent to abandon the child, in a manner that exposes them to unreasonable risk of harm.

The last one is hard to prove. I think that's the issue.

The charge is called a state "jail" felony in TX if the person intended to return for the child. That's a pretty minimal sentence. Up to two years. She's already done more than half that which is more than she'd likely be sentenced to.

» Texas Penal Code 12.35 – State Jail Felony PunishmentLawServer

I hope she doesn't get her other child back.
 
I am absolutely devastated by this news. She says she wants her other child back and her lawyer she loves her husband and is standing by him. If she was innocent, then she would hate him for what he has done to poor Sherin.

I really don't want her to get her other child back, as she is an unfit mother IMHO, but if they don't have any evidence against her, then I'm scared that she will re-gain custody.

Has she ever even expressed any grief at Sherin's death?
 
gitana1 said:
Okay. I looked it up. She wasn't charged with murder or child abuse. She was charged with child abandonment because she left Sherin alone the night before she died.

"In a letter to the 282nd Criminal District Court, the Dallas County District Attorney wrote that "after extensive investigation, it has been determined that the state cannot prove this matter beyond a reasonable doubt at this time... the state respectfully requests that this case be dismissed without prejudice.""
3-Year-Old Sherin Mathews' Foster Mother Released From Jail.

So it looks like an evidentiary issue.

The law appears to be Texas Penal code section 22.041:
(a) In this section, “abandon” means to leave a child in any place without providing reasonable and necessary care for the child, under circumstances under which no reasonable, similarly situated adult would leave a child of that age and ability.
(b) A person commits an offense if, having custody, care, or control of a child younger than 15 years, he intentionally abandons the child in any place under circumstances that expose the child to an unreasonable risk of harm.

So the elements are:

1. Leaving a child somewhere.
2. Without reasonable and necessary care (which is open to interpretation depending on circumstances).
3. Under circumstances that no other reasonable adult would leave a child of that age and ability.
4. The abandonment exposes the child to an unreasonable risk of harm.
5. With the intent to abandon the child, in a manner that exposes them to unreasonable risk of harm.

The last one is hard to prove. I think that's the issue.

The charge is called a state "jail" felony in TX if the person intended to return for the child. That's a pretty minimal sentence. Up to two years. She's already done more than half that which is more than she'd likely be sentenced to.

» Texas Penal Code 12.35 – State Jail Felony PunishmentLawServer

I hope she doesn't get her other child back.
Click to expand...
Thank you our dear and wise Gitana! We are all horrified that this “mother” is free to roam. Doesn’t seem wise in my amateur opinion and speculation.
 
sofieellis said:
I am absolutely devastated by this news. She says she wants her other child back and her lawyer she loves her husband and is standing by him. If she was innocent, then she would hate him for what he has done to poor Sherin.

I really don't want her to get her other child back, as she is an unfit mother IMHO, but if they don't have any evidence against her, then I'm scared that she will re-gain custody.

Has she ever even expressed any grief at Sherin's death?
Click to expand...

Not having enough evidence to sustain a specific criminal charge is very different from being cleared of abuse or neglect by child protective services.

The Casey Anthony case is agood example of this.

Criminal court and child dependency court are totally different and have different evidentiary thresholds.

I believe she will be part of the system for awhile.

Sadly, she probably doesn't pose a threat to her biological child and will probably get her back after a while. I wish not. This woman is evil.
 
gitana1 said:
Not having enough evidence to sustain a specific criminal charge is very different from being cleared of abuse or neglect by child protective services.

The Casey Anthony case is agood example of this.

Criminal court and child dependency court are totally different and have different evidentiary thresholds.

I believe she will be part of the system for awhile.

Sadly, she probably doesn't pose a threat to her biological child and will probably get her back after a while. I wish not. This woman is evil.
Click to expand...

BBM

Gitana, thanks for responding to our distress call!

Not looking for a link, but a Child Protective Services worker reported photographs of the biological child displayed in the home -- but none of Sherin.

IIRC, the couple became pregnant in the middle of the adoption proceedings.

If wishes were horses then beggars would ride, but if they had stopped the adoption process -- we'd never know anything at all about them!

RIP Sherin!
 
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