MA - Cape mother fights to protect her son

[Missizzy]

Excellent questions, Cubby. I'm surely not hurling tomatoes. I want the full truth to come out. I would think that it would be high time for some sort of independent overview of this troubling case. A child's life is on hold and he could possibly be in danger...whichever way you look at the facts.

If the judge suspected that the mother was manipulating her child, why has she not been charged, rather than warned to stop making reports? That sort of manipulation would be criminal.

I simply don't understand, though, how the mother could garner letters from "the boy's doctor, his therapist, a teacher, a school counselor, child welfare officials and a court-appointed investigator...."

 

[Missizzy]

"Between February and November 2008, at least seven 51A complaints alleging sexual abuse and neglect were filed against the father with the Department of Children and Families by mandated reporters, including police and child welfare officials...."

I have to wonder who initiated these mandated reports. Were these the outcome of a report from the child's mother or were these written independently, following information directly from the child?

 

[Cubby]

Excellent questions, Cubby. I'm surely not hurling tomatoes. I want the full truth to come out. I would think that it would be high time for some sort of independent overview of this troubling case. A child's life is on hold and he could possibly be in danger...whichever way you look at the facts.

If the judge suspected that the mother was manipulating her child, why has she not been charged, rather than warned to stop making reports? That sort of manipulation would be criminal.

I simply don't understand, though, how the mother could garner letters from "the boy's doctor, his therapist, a teacher, a school counselor, child welfare officials and a court-appointed investigator...."

I agree, and yours are excellent questions as well. Whichever it is, actual abuse or the mother manipulating the scenario, either way the child is a victim. It's really a question of which is the real abuse.

 

[Cubby]

Excellent questions, Cubby. I'm surely not hurling tomatoes. I want the full truth to come out. I would think that it would be high time for some sort of independent overview of this troubling case. A child's life is on hold and he could possibly be in danger...whichever way you look at the facts.

If the judge suspected that the mother was manipulating her child, why has she not been charged, rather than warned to stop making reports? That sort of manipulation would be criminal.

I simply don't understand, though, how the mother could garner letters from "the boy's doctor, his therapist, a teacher, a school counselor, child welfare officials and a court-appointed investigator...."

She hasn't been named, so we don't know if she has been charged, or what she may have been charged with.

The information from the judge about continued unsubstantiated allegations of sexual abuse was back in 09. The semen stained pajama's were given to LE in February of 2010 according the MSM report. Almost 2 years ago.

The child is currently 7. At 7 is this child not old enough to give credible testimony? Do the courts believe he has been through too much to testify? Do the courts have reason to believe this childs testimony would not be credible? And if so, why?


I'll be honest. I don't know enough about this particular case to make a determination one way or the other if the allegations against dad are true or not. I am certain the information provided by the mother in this case parallels information provided by mothers in other cases in which the abuse allegations were unsubstantiated and the mother ended up eventually losing not only custody, not only visitation, but also parental rights.


My concern is not for the mother, it is not for the father, but is for the child. This child IS being abused. The question is by which parent.

 

[Cubby]

Another question. If the semen on the pajama's was found in February of 2010, why has this mother not found counsel willing to represent her almost 2 years later?

 

[Belinda]

Many thought-provoking questions have been raised. I will be interested in seeing how this unfolds. As Cubby said, either way this child is being abused and needs help. I hope that he will get it and soon. This has gone on much too long.

 

[Belinda]

Another question. If the semen on the pajama's was found in February of 2010, why has this mother not found counsel willing to represent her almost 2 years later?

The information regarding her troubles with retaining counsel did strike me initially, but I didn't focus on it. Now, I am really wondering why she wouldn't be able to keep a lawyer. That is very odd. There are lots of odd things about this case.

ETA: Possibly she is unable to afford a lawyer and so keeps losing them for lack of payment. Are lawyers provided for family court?

 

[Cubby]

Yes, I think it is possible she couldn't retain counsel due to the inability to pay. Though, I think if that were the case the mother would have said so to the reporter.

However, in a case such as this, with evidence the mother clearly feels is strong, why hasn't she been able to present such evidence to an attorney who would be willing to take the case pro bono, at a reduced fee, or work out a payment plan which works for the mother?

I can't believe no such attorney exists, if one felt the evidence mom has is credible and a child is in danger.

 

[believe09]

I spoke with the reporter, fwiw. There is no hidden agenda here on the part of mom in his opinion.

 

[believe09]

And, I think, if the criminal case was revived here Mom is represented by the DA. We know from the article that little man has his own attorney.

 

[Belinda]

I spoke with the reporter, fwiw. There is no hidden agenda here on the part of mom in his opinion.

Thanks so much for checking that out, Believe! So, the reporter believes the mom is on the up and up. Interesting.

 

[believe09]

Thanks so much for checking that out, Believe! So, the reporter believes the mom is on the up and up. Interesting.

He, quite likely, has the whole case file. I feel terrible for him that he had to read it...I feel worse that this little family had to live it.

 

[Missizzy]

Let's set aside our horrific concern about sexual abuse for a moment and consider another component of this case. Am I the only one concerned that this father's very clear interest in torture scenes has not been appropriately addressed? The child has expressed fear and mentioned "ready for hurting" (a chilling comment, IMO). There have been instances when there were some identifiable injuries. The man was charged with assaulting his wife AND with threatening her with photos of women being tortured.

It was noted that the child sleeps with his father and there was an accusation of masturbation in front of the child. I have a very hard time believing that this was misreported as I seriously doubt a little guy could describe that act without having seen it. These facts lead me to question whether a child could possibly be safe in this father's home....unless he has demonstrated that he has clear and safe boundaries for his sexual interests and his child's care. And that would not include the boy in his bed with torture scenes on the computer.

I don't know very much about forensics but is it feasible that the mother could have a supply of her former husband's semen in 2010 when the couple divorced in 2006?

I have no earthly idea why the judge has decided that this child is not old enough to testify. One of our children was seven when he testified in a rape trial. Several others, who have profound special needs and who function at a much younger age, testified at ages eight and nine. I was told that the youngest child to testify in our county was three years old. It's a simple matter of the child being questioned on the stand by the judge. The judge must determine only whether the child understands the difference between a truth and a lie and is capable of being understood. A few simple questions and the child can be deemed to be an appropriate witness.

 

[Cappuccino]

Its feasible, but I wouldn't think its likely. Its possible to store semen for longer than that, just look at all the cold cases, some 20 or 30 years old, which have been cleared by up to date tests on old genetic material.

However, a private individual storing her ex husband's semen since 2006 is not really likely, is it? Not unless this woman is very, very strange indeed.

 

[believe09]

Is mom being bashed here? Just a question. A criminal case was filed and the case was let go by the DA's office. Why-well, we have a traumatized child witness, we have no one other than the child in the room with the parent who was charged by police and at that time no DNA evidence. Not an unusual scenario at all-we see it every day.

So, if the inherant belief is that mom is making up allegations of sexual abuse such that professionals have been completely snowed for the last 5 years, I suppose that people can choose to go that route. I am sceptical that Mom would pass the smell test for that long.

Does anyone have probate experience here? Just wondering, because I know several people who have gone through several different attornies with protracted custody disputes, estate settlements or divorce. A number of factors come into play-how fast does the retainer run out, how much money does the person have to meet the likely bill for services, whether or not the attorney is being pressured by a partner or owner of the law firm to give up the case. I have seen all of these things occur.

After all, all of the case workers and the GAL et al are independent of Mom. They are entities of themselves.

Perhaps she is as foxy as they come and has enjoyed the last 5 years of mayhem where her child has been poked prodded and abused and terrorized by all of these strangers that have been brought into his life....perhaps she seeks the attention of the court. Perhaps she spirited biological material from her ex to accuse him of this heinous act, and perhaps she loves the attention she received from the reporter.

I dont think so. I dont think she has pursuaded all of these experts to reach the conclusions they reached on their own to further her own agenda.

She has physical custody-she could have just run. Some people will undoubtedly say she should have. She chose to operate within the court system. She invited people into their lives that could have taken her child away from her at any given time.

Just sayin.

 

[Cappuccino]

I don't think anyone is bashing the mother. IMO, this mother and child are suffering because of the irresponsible people who have made false allegations of abuse over the years.

Sexual offenses almost always happen in private, which is why they can be so hard to prove. To undermine the credibility of genuine victims by making up stories of rape and sexual assault that never happened is just about the most selfish, irresponsible thing I can think of. Its not just the falsely accused who suffer but also genuine victims.

 

[believe09]

A snip from the Cape Cod Times article explaining the withdrawal of criminal charges in 2009:

In September 2009, the boy's therapist sent a letter to Scandurra, a copy of which was obtained by the Times, asking him to seriously consider conclusions by the various professionals who believed the boy's father may have sexually abused her patient. Between 2006 and September 2009, almost a dozen 51A reports had been filed alleging sexual abuse, physical abuse or neglect of the boy by his father. Of those at least four were supported by the agency.
"His symptoms are increasing, and I am asking your Honorable Judge to act in the interest of (the boy) in making a speedy decision which protects him from unsupervised time with his father," therapist Barbara Braun-McDonald wrote.
A series of new 51A reports claiming the father abused the boy prompted police to charge the father in October 2009 with indecent assault and battery against a child under 14. The father pleaded not guilty to the charges, which were later dismissed after prosecutors decided the then 5-year-old boy was too young to testify.
Child sex abuse cases are difficult to prosecute, said Cape and Islands First Assistant District Attorney Brian Glenny. Depending on other factors in the case, such as the existence of physical evidence or eyewitness testimony, a child's testimony can be crucial, he said.
Glenny declined to comment specifically on the decision in this case, but said that in cases where a victim is very young, there are multiple factors to consider, including the ability of the victim to relate what occurred, the potential for long-term damage a child could suffer from repeatedly reliving the incident and the child's living situation.
"We want to make sure we have sufficient evidence to push forward once charges are taken out," Glenny said.
In his more than 20 years of prosecuting cases on the Cape, the youngest victim Glenny recalled testifying in open court was 6 years old

 

[believe09]

May I ask where this statement comes into play here:

I don't know very much about forensics but is it feasible that the mother could have a supply of her former husband's semen in 2010 when the couple divorced in 2006?

Is the implication that she stained the pajamas herself with the semen as opposed to the father having had some kind of sexual contact with his son?

 

[jjenny]

I am not going to throw any tomatoes either. Unfortunately in divorce cases sometimes a parent manipulates their child to accuse another parent of sexual abuse. While in other such cases the abuse is actually going on. The problem is, how one tells lies from the truth.

 

[Missizzy]

No, Believe, that was not my implication at all. I was questioning the craziness of even entertaining the notion that a woman would be so calculated in her attempt to attack a former husband. Saving semen for years??? I find it highly unlikely that anything of the sort could or would occur.

As always, I have a strong tendency to believe the child.

I'd still like to know, however, how the various independent reports were generated. Were they made due to direct disclosures from the child or observations by the mandated reporter or as the outcome of a report by the mother to the mandated reporter?