2015.12.04 DCF Hearing today (Friday) - continued to Monday

[Webjunkie]

Since the news of the Shelter hearing this morning and Mark designating a male friend with an abuse history to care for his little girls- a sex abuse history

Did they really say "male" friend?


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[irishchook]

Did they really say "male" friend?


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No gender was stated. Still bazaar though.

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[Webjunkie]

I guess the probability is a male, statistically speaking. But this whole thing really IS so bazaar!

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[Poppyflower]

I would have thought that the fact alone that the person he chose for the girls to go with was a sex offender would mean they should go with Teresa's family. Seriously. Unfreakingbelievable.

 

[Deleted member 39678]

I agree, it's hard to be patient but SMS cannot afford one little technicality, one little shred of doubt to the guilt of MS and from what it sounds like "others".
This is like criminal brain surgery, one slip up and there it goes. Holding our collective breath.:deepbreaths:

I'm sure the sheriff understands that the State doesn't have to remove every "little shred of doubt" to get a conviction.

We will hopefully understand the reasons for the delay in arresting Mark at a later date. JMO.

 

[Frigga]

I think the SOB honestly feels he isn't going to be arrested- maybe that's what his attorney is telling him... could be the fact that he hasn't been arrested and SMS is openly admonishing others to come forward (at least that's how I read his remarks earlier). I think he really thinks they cannot prove he was involved. Look at the nonsense the attorney representing him at the shelter hearing spewed- questioning wether the documents were accurate and made a detective swear that they are?

 

[Chelly]

Now that DCF has stepped in, MS is well aware that he may loose his girls. Judge finds MS no threat to his daughters. LE is in NO rush make an arrest. If "something" were to happen to these girls now, Mark won't be the only one held responsible.

 

[Webjunkie]

Did the DCF judge see any of the documents?!?!

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[FightTheOstrich]

I asked this in the legal thread but am going to ask here too since I know we have members with a background in social work.

If the judge decides that the girls should remain with MS, can he order MS to handover his guns?

 

[beach]

I tend to believe the plan might have been -

LE does want to arrest Mark and they wanted to remove the girls from his custody BEFORE they arrested him. That would ensure their safety AND lessen the trauma of them having to witness their only living parent being arrested in their presence.


I hate to say it but I believe Mark knows that LE's #1 priority IS those girls and he is using them as a shield.

This whole thing is disgusting. Like AR said earlier, this is ALL about CONTROL. Any parent who REALLY, TRULY loved their children would not want them exposed to any of this. If he relinquished temporary custody while all this drama is going on, how could that be bad for them? Certainly not worse than what they are being exposed to now. IF he turns out not to be arrested or, even if he is, when/if he stands trial were to be found NG, he would easily get those girls back.

 

[FightTheOstrich]

I tend to believe the plan might have been -

LE does want to arrest Mark and they wanted to remove the girls from his custody BEFORE they arrested him. That would ensure their safety AND lessen the trauma of them having to witness their only living parent being arrested in their presence.


I hate to say it but I believe Mark knows that LE's #1 priority IS those girls and he is using them as a shield.

This whole thing is disgusting. Like AR said earlier, this is ALL about CONTROL. Any parent who REALLY, TRULY loved their children would not want them exposed to any of this. If he relinquished temporary custody while all this drama is going on, how could that be bad for them? Certainly not worse than what they are being exposed to now. IF he turns out not to be arrested or, even if he is, when/if he stands trial were to be found NG, he would easily get those girls back.

Great points! In situations like this one the fact that the girls are home schooled doesn't help one bit.

 

[AZlawyer]

I asked this in the legal thread but am going to ask here too since I know we have members with a background in social work.

If the judge decides that the girls should remain with MS, can he order MS to handover his guns?

I have a background in both and I can say that in AZ that could definitely be a condition of a "safety plan" for the kids staying at home. I don't know if there are different rules in Florida.

 

[dmac55]

I tend to believe the plan might have been -

LE does want to arrest Mark and they wanted to remove the girls from his custody BEFORE they arrested him. That would ensure their safety AND lessen the trauma of them having to witness their only living parent being arrested in their presence.


I hate to say it but I believe Mark knows that LE's #1 priority IS those girls and he is using them as a shield.

This whole thing is disgusting. Like AR said earlier, this is ALL about CONTROL. Any parent who REALLY, TRULY loved their children would not want them exposed to any of this. If he relinquished temporary custody while all this drama is going on, how could that be bad for them? Certainly not worse than what they are being exposed to now. IF he turns out not to be arrested or, even if he is, when/if he stands trial were to be found NG, he would easily get those girls back.

absolutely!
everything you said

 

[AZlawyer]

I tend to believe the plan might have been -

LE does want to arrest Mark and they wanted to remove the girls from his custody BEFORE they arrested him. That would ensure their safety AND lessen the trauma of them having to witness their only living parent being arrested in their presence.


I hate to say it but I believe Mark knows that LE's #1 priority IS those girls and he is using them as a shield.

This whole thing is disgusting. Like AR said earlier, this is ALL about CONTROL. Any parent who REALLY, TRULY loved their children would not want them exposed to any of this. If he relinquished temporary custody while all this drama is going on, how could that be bad for them? Certainly not worse than what they are being exposed to now. IF he turns out not to be arrested or, even if he is, when/if he stands trial were to be found NG, he would easily get those girls back.

Makes sense. But in that case they should have arrested him in the courtroom today. The girls were safe and in a separate room from what I read.

 

[Webjunkie]

I'm understanding it like this...If he is disqualified from receiving life insurance benefits, either the girls or the estate get it, therefore he still gets it. Those girls are going to lose everything. Their parents, their home, their extended family, and their inheritance. The court needs to demand therapy for them before they lose themselves too.

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[creepingskills]

MS's lawyer in the custody matter, Pamela Joan Montgomery, has a disciplinary history.

Documents for Disciplinary Action, Public Reprimand, with links to the formal complaint, consent judgment can be found here:http://www.floridabar.org/DIVADM/ME/MPDisAct.nsf/DisActFS?OpenFrameSet&Frame=DisActToC&Src=%2FDIVADM%2FME%2FMPDisAct.nsf%2FdaToc!OpenForm%26AutoFramed%26MFL%3DPamela%2520Joan%2520Montgomery%26ICN%3D200770741%26DAD%3DPublic%2520Reprimand

In summary there is a history of taking retainers for family court actions and failing to appear at court, not filing divorce petitions as agreed, and ignoring clients' calls, letters, any attempts to contact about refunds, getting documents back. Leaving clients high and dry, sometimes keeping discovery. And then she ignored letters from the disciplinary board for way too long. MS got the lawyer he deserved.

 

[AZlawyer]

I'm understanding it like this...If he is disqualified from receiving life insurance benefits, either the girls or the estate get it, therefore he still gets it. Those girls are going to lose everything. Their parents, their home, their extended family, and their inheritance. The court needs to demand therapy for them before they lose themselves too.

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No, if a judge finds by a preponderance of the evidence (51%) that he killed her he will be disqualified from the life insurance benefits AND from inheriting any part of TS's estate. And DCF could also take the kids based on a preponderance standard. But even if he got to retain custody he would not be permitted to act as trustee of the money. Someone else would have to take care of the money until the girls were of age.

 

[beach]

Makes sense. But in that case they should have arrested him in the courtroom today. The girls were safe and in a separate room from what I read.

I TOTALLY agree and actually wondered if that might happen while this was all going on today.

Since the judge specified that she can't order kids removed based on "speculation" that Mark "might be arrested", I am PRAYING that is what Plan B for Monday. IDK

 

[observation]

I TOTALLY agree and actually wondered if that might happen while this was all going on today.

Since the judge specified that she can't order kids removed based on "speculation" that Mark "might be arrested", I am PRAYING that is what Plan B for Monday. IDK

I was hoping for the same until they explained Mark does not have to be there on Monday- just the attorneys.


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[AZlawyer]

I was hoping for the same until they explained Mark does not have to be there on Monday- just the attorneys.


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Crap.