Found Deceased MI - Venus Stewart, 32, Colon, 28 April 2010 - # 5 *D. Stewart guilty*

[Amster]

He wasn't charged for molesting his daughter. Does that mean nothing?? Venus made the accusation so it must be true? Was she given temp. custody and the RO because of her accusation? LE had to investigate? No wonder some women use this in their custody dispute! I know why....and it is disgusting.

 

[Cubby]

Oh,Cubby, I'm not blaming WS for this. No offense to Puf, but anyone could have transcribed this, and probably has. I just mean that now it's out there, kinda hard to get the details back in the bag. I'm sure it's on other sites, I don't know, I haven't looked and won't look. Heck, maybe the little girl would look at the notes on the pictures of the news and could have done it herself. I'm disturbed that this was made public in the first place. There is no reason for it. Please know that my distress isn't because it's on here, per se. Your family is supposed to protect you, not make sordid tales available for the public to slather over. This child was failed miserably by the adults in her life.

True. However unfortunate children are exposed to bitter ugly custody battles between their parents more than we'd like. This info just happens to be making it to the net because the mother is missing.

 

[BeanE]

Unfounded family court records are most like sealed to protect the right to privacy that the children should have.

BBM. Unfounded and insufficient evidence are two different findings. This was insufficient evidence, not unfounded.

It would be awful if this molestation did take place, for this child to grow up, Google, and see that her claims were deemed unfounded.

 

[PickieChickie]

I am a bit confused. How much time transpired between when Venus and Doug moved to Virginia and when the child supposedly told Venus about seeing the dangling thing between her dad's legs?

And, do we know exactly why Venus was awarded temporary custody of the girls? Was the order pending an investigation due to allegations of sexual molestation on the petition? Was it due to allegations of domestic violence on the part of Doug?

Was it the order made Ex Parte or did Doug file a response in which he provided documentation of Venus's arrest record for domestic violence?

Do we know when Venus's Protective Order expires?

Do we know if another hearing was/is scheduled?

Do we know when Venus's temporary custody of the girls expired?

There are emergency protective orders that are granted and in effect until the date of the hearing during which the judge determines if a "Permanent Protective Order" is warranted.

By "Permanent Protective Order", I mean an order made after a hearing that usually expires in two to three years after the order is put into effect.

 

[Cubby]

Definitely possible.

Doug filed for divorce for the third time on 3/30/10, if I remember the exact date correctly... the end of March anyway.

I do not know if Venus had filed in Michigan by that time.

The family were only in Virginia for six months before Venus came home, if I added up the dates correctly...so I guess that Michigan would still be considered the state with judicial authority over the divorce case. Don't know for sure.

BBM. Changing the topic a little bit, but this would be important regarding which state and county has jurisdiction over the custody issues. Earlier on I linked jurisdiction info from both MI and VA and both had info stating a 6 month residency requirement to establish which state/county had jurisdiction. I wonder then, if it was exactly 6 months? and whether upon her moving back to MI she moved back to the county where the family originally resided. Just thinking outloud.

 

[pufnstuf]

At the end of an investigation, CPS will issue a report with one of three determinations:

Ruled Out means that the investigation showed that abuse did NOT occur. For example, CPS may have learned that the alleged abuser was out of town when the abuse occurred.

Indicated means that there is “credible evidence” that the abuse did occur.

Unsubstantiated, arguably the trickiest term, means that CPS could not determine what happened. In other words, there was “an insufficient amount of evidence” to make finding either way. It does NOT mean that the abuse did not happen, merely that at the time of the CPS investigation, they could not make a finding. Many times, more evidence will come to light later and abuse can be proved in another type of case, such as the family or criminal case.


Peace Orders and Protective Orders are types of emergency orders to protect someone from certain types of crimes, including sexual offenses:

Both have the basic process:

1. A victim, or parent or guardian if the victim is a minor, goes to court and completes a form under oath explaining to the judge what has happened. If the courts are closed, the victim may go to a Commissioner’s office, which are open twenty-four hours a day.

2. If the judge or Commissioner finds that there is reasonable cause to believe that the acts occurred, a temporary order is issued. If the victim went to a Commissioner, an interim order is issued and a hearing for a temporary order is set within a few days.

3. If child sexual abuse is alleged, CPS will conduct an emergency investigation.

4. The temporary order is served on the other party.

5. After the temporary order is served, the Court holds a hearing. The victim must prove what happened. This typically includes testifying against the perpetrator.

6. The Court decides whether to issue a longer order.

**********************

Much more, if anyone wants to learn about judicial and CPS processes after the allegation is made:

www.mcasa.org/uploads/docs/CSA_Booklet_for_Professionals.doc

 

[Cubby]

BBM. Unfounded and insufficient evidence are two different findings. This was insufficient evidence, not unfounded.

It would be awful if this molestation did take place, for this child to grow up, Google, and see that her claims were deemed unfounded.

and it would be just as awful if the man is innocent for his daughter to see her mother made ugly unfounded allegations against her father. I would consider insufficient evidence in the same light as the allegations are unproven. In other words, it is impossible to declare someone innocent but we do go by the assumption innocent until proven guilty.

This man has not been convicted of the crime of molesting his children and as I understand it, at least as previously posted, LE investigate the allegations of sexual abuse and did not find enough evidence to charge him. how is this different than a rumor? Imo, this IS an allegation NOT fact until LE finds at least enough evidence to convict, no?

JMO

ETA: I should have said charge him with the crime rather than convict.

 

[pufnstuf]

BBM. Changing the topic a little bit, but this would be important regarding which state and county has jurisdiction over the custody issues. Earlier on I linked jurisdiction info from both MI and VA and both had info stating a 6 month residency requirement to establish which state/county had jurisdiction. I wonder then, if it was exactly 6 months? and whether upon her moving back to MI she moved back to the county where the family originally resided. Just thinking outloud.

Jurisdiction in divorces?

 

[spamelope]

Even though it appears they were in VA for 6 mos, which would make that the state with jurisdiction, MI would probably be considered their home state since they would have more records, family and friends there. VA would gladly hand the reins over to MI.

 

[Cubby]

Jurisdiction in divorces?

It was regarding which county had jurisdiction over hearing a custody case.

I'm back and forth cooking... so give me a little bit and I will find the links again.

 

[thinkaboutthis]

BBM. Unfounded and insufficient evidence are two different findings. This was insufficient evidence, not unfounded.

It would be awful if this molestation did take place, for this child to grow up, Google, and see that her claims were deemed unfounded.

Please link to where this claim was made by the daughter. I thought that the only claim that was made was made by VS. thanks!

 

[thinkaboutthis]

and it would be just as awful if the man is innocent for his daughter to see her mother made ugly unfounded allegations against her father. I would consider insufficient evidence in the same light as the allegations are unproven. In other words, it is impossible to declare someone innocent but we do go by the assumption innocent until proven guilty.

This man has not been convicted of the crime of molesting his children and as I understand it, at least as previously posted, LE investigate the allegations of sexual abuse and did not find enough evidence to charge him. how is this different than a rumor? Imo, this IS an allegation NOT fact until LE finds at least enough evidence to convict, no?

JMO

ETA: I should have said charge him with the crime rather than convict.

Amen Cubby!!! Finally...some of what this country was founded on...

 

[thinkaboutthis]

http://legal-dictionary.thefreedictionary.com/insufficient+evidence

insufficient evidence noun a negligible amount of evidence, absence of sufficient evidence, bereft of eviience, deficient amount of evidence, devoid of sufficient proof, failing proof, inadequate amount of persuasive facts, inadequate confirmation, inadequate facts to prove the point in question, inadequate means of proof, inadequate proof, inadequate proof of facts, inadequate substantiation, incomplete evidence, insufficient admitted testimony, insufficient body of facts, insufficient corroboration, insuffiiient facts to establish the point in issue, insufficient means of proving a fact, insufficient proof at trial, insufficient veriiication, lacking proof, lean on evidence, meager degree of evidence, paltry amount of evidence, scant testimony, slim proof, sparse proof, thin evidence, weak on evidence

 

[BeanE]

This man has not been convicted of the crime of molesting his children and as I understand it, at least as previously posted, LE investigate the allegations of sexual abuse and did not find enough evidence to charge him. how is this different than a rumor? Imo, this IS an allegation NOT fact until LE finds at least enough evidence to convict, no?

JMO

ETA: I should have said charge him with the crime rather than convict.

Exactly. He has not been convicted. He has not been charged. The finding was insufficient evidence - basically, they just don't know if he did or not.

A rumor is information that is not substantiated. In this case, I think that would be if someone stated as fact that Doug molested his daughter, with no means by which to prove it was true.

Yes, it's an allegation unless and until it can be proven that it happened.

 

[Cubby]

Here is a portion of my post from thread #4 regarding jurisdiction for child custody matters. I don't know how long they lived where so I can't guess which state/county would have jurisdiction, but here are the links....

-----------------what follows is part of my post from thread #4-----

The Uniform Child Custody Jurisdiction And Enforcement Act prevents parents from jurisdiction shopping and clearly defines the home state which has jurisdiction over custodial matters.

http://law.justia.com/virginia/codes/toc2000000/toc20000000007000010000000.html

The above link is for the state of Virginia.



http://www.legislature.mi.gov/(S(julu2dmkr2yzzi45cec2wy23))/mileg.aspx?page=getObject&objectName=mcl-722-1204

The above link for Michigan indicates they can have jurisdiction:
Sec. 204.
(1) A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse.

 

[BeanE]

Please link to where this claim was made by the daughter. I thought that the only claim that was made was made by VS. thanks!

Please link to a claim of molestation made by a child directly to the courts or the public without an adult conveying it.

 

[BeanE]

Amen Cubby!!! Finally...some of what this country was founded on...

Are you referring to the concept of presumption of innocence?

 

[spamelope]

Are you referring to the concept of presumption of innocence?

I kinda think that phrase went out the window on day 1 of this case. MOO

 

[SuziQ]

I don't want to get in on the he said she said argument that's going on except to say it sounds like motive for murder to me.

 

[cluciano63]

I presume that this alleged motive is why LE was so quick to name DS as POI right from the start, despite the fact that he was supposed to be hundreds of miles away? I don't recall too many cases when a husband was named so quickly, even when he was on scene with a dead wife next to him. I have to think that LE took the info from Venus' parents, leading them to name him the only POI at once, as this happened long before any signs of possible physical evidence turned up.

I just hope they kept or are keeping an open mind, despite saying he is the only POI, otherwise they will have a very cold trail if he is somehow ruled out as having any guilt in this abduction/possible murder.