Guest guest Posted January 15, 2008 Report Share Posted January 15, 2008 God, that's awful. What commitment it took to bruise him in so many places. > > They're in the photos section " abused body " I didn't > add all of them, but I think this is enough to comprehend what > Cornell's TCI " professionals " did to a 9 yr old, non-verbal, 45lb kid > that appeared to be about 5 yrs old. > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted January 15, 2008 Report Share Posted January 15, 2008 Yeah, well it gets better. I just got an email from the mom, she met with the detective today who told her that there appears to be no crime because there was no proven " intent " to harm him. She emailed him back & asked him why then to parents who lose their temper & harm their kids get put in prison for child abuse, clearly they didn't intend to harm their kids, either. They're all so full of crap, I hope they all have brown eyes... Debi > > > > They're in the photos section " abused body " I didn't > > add all of them, but I think this is enough to comprehend what > > Cornell's TCI " professionals " did to a 9 yr old, non-verbal, 45lb kid > > that appeared to be about 5 yrs old. > > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted January 16, 2008 Report Share Posted January 16, 2008 The cops are versed in putting off attempts to file criminal complaints. I worked as an advocate for domestic violence and we learned how to corner the police into doing their jobs. They would attempt to wet-blanket every report. Imagine this scenario: a woman attempts to leave her home and suffers injuries because her partner attempts to restrain her from doing so. Her partner didn't " intend " to harm her, he intended to keep her from leaving. But, guess what? Doesn't matter under the law. It's assault and battery on top of false imprisonment. Drunk drivers don't intend to hit people either. The list of comparisons goes on. What the police said was ridiculous. Suggest that your friend get copies of statutes describing and detailing what constitutes assault and return to the station (with a lawyer and a member of the press if possible). The " knit brow pursuit of truth " tact is very helpful in these matters. It's like this: You know the cops know that you know they screwed up the first time. But instead of being a hard-ass, you pretend that there was just a misunderstanding and you've ammended this by bringing the information you " forgot " to bring the first time. You're persistent, even pushy, but you act as if you're being so only because you're really, really, really trying to follow procedure and make the cops' jobs easier. You're so concerned about following procedure that you carry a little pad of paper and make them all spell their names so they know you're writing everything down. And at all times, you show them what a phenomenal witness you'll be in court or on TV (as you tell everyone on Oprah how police obstructed justice). Showing that you're concerned about others besides your own family and a little soft moralizing get that message accross that you're campaigning. " I know you guys are so busy but I'm so afraid this is going to keep happening to other kids-- maybe kids whose parents are too overwhelmed to pursue justice the way I'm intent on doing or who don't know their rights. This really can't be allowed to continue and the community deserves better " . Their little " uh oh " meters go off, they start smelling the risk that this case will come back and bite them if higher-ups catch wind and quite frequently the very officers who were blocking your report become champions of your cause. Cough. We used to just let them think they were in the hopes they might talk themselves into actually doing their jobs in the future. It doesn't always work on the first shot but it's worth a try. > > > > > > They're in the photos section " abused body " I didn't > > > add all of them, but I think this is enough to comprehend what > > > Cornell's TCI " professionals " did to a 9 yr old, non-verbal, 45lb kid > > > that appeared to be about 5 yrs old. > > > > > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted January 16, 2008 Report Share Posted January 16, 2008 Well, I think playing dumb might be too late. Here's what I sent the detective & DA, the first " O'Reilly " snippet was what I sent them after my initial reply regarding " intent " beneath snippet: Ooops, I'm sorry, I must have hit " reply to all " by mistake, I meant to send this only to Malissa and Bill O'Reilly's producer, I apologize. Debi --- " Debi H. " <fightingautism@...> wrote: > That sounds like the biggest load of crap I've > ever heard. Let's review some state laws > regarding what experienced: > > 39-13-101. Assault. — > (a) A person commits assault who: > (1) Intentionally, knowingly or > recklessly > causes bodily injury to another; > (2) Intentionally or knowingly causes > another to reasonably fear imminent bodily > injury; or (3) Intentionally or knowingly > causes physical contact with another and a > reasonable person would regard the contact as > extremely offensive or provocative. > ( (1) Assault is a Class A misdemeanor > unless > the offense is committed under subdivision > (a)(3), in which event assault is a Class B > misdemeanor. > (2) In addition to any other punishment > that may be imposed for a violation of this > section, if the relationship between the > defendant and the victim of the assault is such > that the victim is a victim as defined in § > 36-3-601(8), and if, as determined by the > court, > the defendant possesses the ability to pay a > fine > in an amount not in excess of two hundred > dollars > ($200), then the court shall impose a fine at > the > level of the defendant's ability to pay, but > not > in excess of two hundred dollars ($200). The > additional fine shall be paid to the clerk of > the > court imposing sentence, who shall transfer it > to > the state treasurer, who shall credit the fine > to > the general fund. All fines so credited to the > general fund shall be subject to appropriation > by > the general assembly for the exclusive purpose > of > funding family violence shelters and shelter > services. Such appropriation shall be in > addition > to any amount appropriated pursuant to § > 67-4-411. > [Acts 1989, ch. 591, § 1; 1990, ch. 1030, § 11; > 2002, ch. 649, § 1.] > > > Debi's comments: I would assume after the first > of the many bruises they were aware they had > inflicted harm. Did they all occur in one > blink? > I also assume most people, adults or children, > would consider being put on a concrete floor > and > laid on to be offensive and provocative. > > > > 39-13-102. Aggravated assault. — > (a) A person commits aggravated assault who: > (1) Intentionally or knowingly commits an > assault as defined in § 39-13-101 and: > (A) Causes serious bodily injury to > another; or > ( Uses or displays a deadly > weapon; > or (2) Recklessly commits an assault as > defined in § 39-13-101(a)(1), and: > (A) Causes serious bodily injury to > another; or > ( Uses or displays a deadly > weapon. > ( A person commits aggravated assault who, > being the parent or custodian of a child or the > custodian of an adult, intentionally or > knowingly > fails or refuses to protect the child or adult > from an aggravated assault as defined in > subdivision (a)(1) or aggravated child abuse as > defined in § 39-15-402.... > (d) (1) Aggravated assault under subdivision > (a)(1) or subsection ( or © is a Class C > felony. Aggravated assault under subdivision > (a)(2) is a Class D felony. > > (2) In addition to any other punishment > that may be imposed for a violation of this > section, if the relationship between the > defendant and the victim of the assault is such > that the victim is a victim as defined in § > 36-3-601(8), and if, as determined by the > court, > the defendant possesses the ability to pay a > fine > in an amount not in excess of two hundred > dollars > ($200), then the court shall impose a fine at > the > level of the defendant's ability to pay, but > not > in excess of two hundred dollars ($200). The > additional fine shall be paid to the clerk of > the > court imposing sentence, who shall transfer it > to > the state treasurer, who shall credit the fine > to > the general fund. All fines so credited to the > general fund shall be subject to appropriation > by > the general assembly for the exclusive purpose > of > funding family violence shelters and shelter > services. Such appropriation shall be in > addition > to any amount appropriated pursuant to § > 67-4-411. > [Acts 1989, ch. 591, § 1; 1990, ch. 980, § 2; > 1990, ch. 1030, §§ 12, 13; 1993, ch. 306, § 1; > 1995, ch. 452, § 1; 1996, ch. 830, § 1; 1996, > ch. > 1009, § 19; 1998, ch. 1049, § 9; 2002, ch. 649, > § > 2; 2005, ch. 353, § 10.] > > > Debi's note: From my viewing of the tape, there > appears to be more than one person who > participated/could have stopped the appeared > abuse. I wonder if leaving marks from head to > toe > on a child is considered " serious bodily > injury? " > > > 39-13-105. Other offenses — Physical injury to > victim. — > In addition to the enumerated offenses, crimes > against the person shall be any violent offense > that results or could have resulted in physical > injury to the victim, including, but not > limited > to, rape, sexual battery and kidnapping. > [Acts 1993, ch. 524, § 3.] > > > Debi's note: Gee, I don't see anything about > any > of these people having to have an intention, > does > anyone else? > > > 9-15-401. Child abuse and child neglect or > endangerment. — > (a) Any person who knowingly, other than by > accidental means, treats a child under eighteen > (18) years of age in such a manner as to > inflict > injury commits a Class A misdemeanor; provided, > however, that, if the abused child is six (6) > years of age or less, the penalty is a Class D > felony. > ( Any person who knowingly abuses or > neglects > a child under eighteen (18) years of age, so as > to adversely affect the child's health and > welfare, commits a Class A misdemeanor; > provided, > that, if the abused or neglected child is six > (6) > years of age or less, the penalty is a Class E > felony. > © (1) Any court having reasonable cause to > believe that a person is guilty of violating > this > section shall have the person brought before > the > court, either by summons or warrant. No arrest > warrant or summons shall be issued by any > person > authorized to issue the warrant or summons, nor > shall criminal charges be instituted against a > child's parent, guardian or custodian for a > violation of subsection (a), based upon the > allegation that unreasonable corporal > punishment > was administered to the child, unless the > affidavit of complaint also contains a copy of > the report prepared by the law enforcement > official who investigated the allegation, or > independent medical verification of injury to > the > child. > (2) (A) If the person pleads not guilty, > the juvenile judge shall have the power of a > judge of the court of general sessions to bind > the person over to the grand jury, as in cases > of > misdemeanors under the criminal laws of this > state. Upon being bound over to the grand jury, > the person may be prosecuted on an indictment > filed by the district attorney general, and a > prosecutor need not be named on the indictment. > ( On a plea of not guilty, the > juvenile court judge shall have the power to > proceed to hear the case on its merits, without > the intervention of a jury, if the person > requests a hearing in juvenile court and > expressly waives, in writing, indictment, > presentment, grand jury investigation and a > jury > trial. > © If the person enters a plea of > guilty, the juvenile court judge shall sentence > the person under this section. > (d) Except as expressly provided, the > provisions > of this section shall not be construed as > repealing any provision of any other statute, > but > shall be supplementary to any other provision > and > cumulative of any other provision. > (e) A violation of this section may be a > lesser > included offense of any kind of homicide, > statutory assault, or sexual offense, if the > victim is a child and the evidence supports a > charge under this section. In any case in which > conduct violating this section also constitutes > assault, the conduct may be prosecuted under > this > section or under §§ 39-13-101 or 39-13-102, or > both. > [Acts 1989, ch. 591, § 1; 1994, ch. 978, § 1; > 1996, ch. 962, § 1; 1998, ch. 1040, § 2; 2005, > ch. 487, § 1; 2006, ch. 939, § 1.] > > Debi's note: I don't see the first thing about > " intent, " only " knowingly. " I can assure > everyone > reading this email that Cornell is very clear > in > it's training what is appropriate & > inappropriate, and I would venture that we > could > ask our friends there to clarify just what is > shown as " likely to harm child " during a > restraint. > > 39-15-402. Aggravated child abuse and > aggravated > child neglect or endangerment. — > (a) A person commits the offense of aggravated > child abuse or aggravated child neglect or > endangerment, who commits the offense of child > abuse, as defined in § 39-15-401(a), or who > commits the offense of child neglect or > endangerment, as defined in § 39-15-401(, > and: > (1) The act of abuse or neglect results > in > serious bodily injury to the child; > (2) The act of neglect or endangerment > results in serious bodily injury to the child; > (3) A deadly weapon, dangerous > instrumentality or controlled substance is used > to accomplish the act of abuse, neglect or > endangerment; or > (4) The act of abuse, neglect or > endangerment was especially heinous, atrocious > or > cruel, or involved the infliction of torture to > the victim. > ( A violation of this section is a Class B > felony; provided, however, that, if the abused, > neglected or endangered child is eight (8) > years > of age or less, or is vulnerable because the > victim is mentally defective, mentally > incapacitated or suffers from a physical > disability, the penalty is a Class A felony. > © Nothing in this part shall be construed to > mean a child is abused, neglected, or > endangered, > or abused, neglected or endangered in an > aggravated manner, for the sole reason the > child > is being provided treatment by spiritual means > through prayer alone, in accordance with the > tenets or practices of a recognized church or > religious denomination by a duly accredited > practitioner of the recognized church or > religious denomination, in lieu of medical or > surgical treatment. > (d) This section shall be known and may be > cited > as " Haley's Law " . > [Acts 1989, ch. 591, § 1; 1994, ch. 978, §§ 2, > 8; > 1996, ch. 1069, § 1; 1998, ch. 1040, § 1; 2005, > ch. 487, § 2.] > > > I'm sure I could get about 1,000 families or > more > from around the nation to sign on to a petition > that they would fully support 's > treatment as " especially heinous, atrocious, > and > cruel " considering his size and being > non-verbal. > In fact, there are special laws concerning the > required reporting of suspected abuse of those > who are under 18 and those who are disabled, > regardless of age for health care workers. I'm > sure a court would see any disabled boy who > cannot speak as being especially innocent. They > weren't praying, were they? > > > These were all the laws regarding assault/child > abuse I could find in our state's code. I don't > know if County has differing laws, but > it's my understanding from my law professor > that > state trumps county, and federal trumps it all. > > > I'll present all these issues to my law > professor > tomorrow night, and see what he thinks. > > Debi > > > > > > > > They're in the photos section " abused body " I > didn't > > > > add all of them, but I think this is enough to comprehend what > > > > Cornell's TCI " professionals " did to a 9 yr old, non-verbal, > 45lb kid > > > > that appeared to be about 5 yrs old. > > > > > > > > > > Quote Link to comment Share on other sites More sharing options...
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