Is this a crime committed within a home?

April 11, 2006 at 5:08 pm (Child)

I will freely admit that this one doesn't quite fit the criteria I set for this blog. But it is really close. And to be brutally honest, I just really felt compelled to write about it.

In Nov. 2004, 37 year old Robert LeClair pled guilty to sexual assault on a minor. Commonly known as statutory rape, he admitted a sexual relationship with a child of 15. It was a crime because she had not reached the age to consent to a sexual relationship at the time of conception. LeClair did not serve any jail time.

As a result of the sexual activity, the 15 year old became pregnant. At the time that LeClair was going to court over the sexual assault, he was already taking steps to gain partial custody of the baby. In Aug. of 2005, the family court denied LeClair any custodial rights to the child. LeClair is taking this to the state Supreme Court trying to  get the ruling changed.

In LeClair's words: "I care deeply about the mother and child," LeClair writes. "… Loving her was no excuse for taking this action instead of waiting for her to be old enough. … There was no force or threats just bad judgment. I know I can't change what's happened but I can change me through treatment and I can be a good father to my son and a responsible person … and take an active role in my child's future."

But there are other ways of looking at this as shown by the attorney representing the mother:

"The whole issue goes to, 'What rights does someone convicted of a crime have to a child conceived as a result of that crime?'" says Michael Blair, the Barre lawyer representing the mother in Supreme Court. "It's an important case and because nothing like it has gone before (the Vermont Supreme Court), there's no real clear picture of the answer."

The family court judge gave his opinion when he denied the custodial rights to the father by saying this:

"It is one thing to confer the duties and obligations of parenthood upon persons who knowingly engage in the risk of fatherhood with adult women who consent to such activity," Eaton wrote. "It is quite another to bestow them upon persons who violate a woman's right to the sanctity of her own body or those who sexually prey upon children lacking the legal, emotional and developmental maturity to consent to sexual activity."
"Our society criminalizes statutory rape for good reason," Eaton wrote. "This court does not endorse the establishment of paternal benefits as a result of conception resulting from a criminal sexual assault, at least where the mother opposes it."

And the court had this to say:

"It is not the brute biological fact of parentage, but the existence of an actual or potential relationship that society recognizes as worthy of respect and parentage," that accords fathers parental rights, the court said. Because of the 27-year age difference, and the fact that the conception occurred because of a statutory rape, the court ruled the father's role in the life of the baby was not worthy of protection by the court.

http://www.rutlandherald.com/apps/pbcs.dll/article?AID=/20060409/NEWS/604090358/0/FRONTPAGE

Now let's take a look at this "bad judgement" as LeClair puts it. He committed a criminal act by having sex with an underage child. In committing that crime, he failed to use protection as a result of which the child became pregnant. Pregnant teens are often looked at as "high risk" when they become pregnant, simply because pregnancy at that age can affect their health and the health of the child. Was that a reliable sign of the "love" he felt for the mother and the child?

"In the best interest of the child". That is a legal term which means that whatever action the court takes has to be weighted by what is best for the child. Well, first of all we have two children here, the mother and the child. And what benefit will it do the child to be caught between a young mother, struggling to cope with what happened to her as a child, and the man who caused what happened? Let alone what it might do to the mother. Yes, there may be a financial benefit. But actually, in most states he can be accessed a child support obligation, irregardless of whether he sees the child or not, as child support is a different issue than custody or visitation.

And the child could end up with an education on sex offenders, if LeClair is on the sex offender registry (I have no way of knowing if the Robert LeClair I found on the New Hampshire registry is the same Robert LeClair or not). But if indeed he is on the list, there are sure to be visits from police and parole officers from time to time. And what about as the child grows goes to school, and makes friends? Could LeClair use that to insert himself in the world that children inhabit? Mr. LeCair mentioned treatment. By all means, he should get through and comprehensive treatment. But really, should he then subject himself to a world where he might be tempted to use "bad judgement" again?

Most children benefit from having two parents in their lives. But I would think that allowing LeClair to be a participant to be in this child's life could be pretty risky. And I don't really see where the benefits would outweigh the risks.

And last but not least, just to simplify the matter: If someone steals my purse, uses my money to purchase a lottery ticket, should they then be allowed to keep the lottery winnings?

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Honeymoon

April 11, 2006 at 1:33 pm (Domestic Violence)

Three months ago the nation's attention was captured by the death of a new young wife. Brandi Dunn and Scott Dunn had been married less than a year. They were living in Brandi's parent's home, while the parents were on vacation in Calif. According to this article, the home was still scattered by gifts from the wedding.

They were a young, white, couple and the murder was pretty gruesome. Brandi was killed by trauma from a blunt object and allegedly had glass in her hair at the time of her death. After her death, her body was set on fire. The story spread through the mainstream media and the blogger realm, so the details are pretty well known.

On that Jan. 14 morning Scott Dunn called 911 at 7:32 am and told that he returned to his "girlfriend's in-laws' home", and saw a white, blond male beating her. He claimed that he chased the intruder who ran out the back door, and who through a match into the home causing it to explode.

Since then, there have been multiple stories both to law enforcement officers and neighbors. The basic storyline doesn't change, but the details sure do. And some of the evidence doesn't fit the story or stories.

Brandi had a My Space account and so did Scott. Both personal sites have been gone over thoroughly by both the law enforcement and by persons online. From a comment that Brandi left online, it has been surmised that the couple may have been arguing in the days before the murder. However, police have not given a motive for the murder.

It has been a long three months since the murder. Most people who had read the details of the murder and the subsequent disclosures had already theorized that Scott Dunn was lying about the events that occurred that morning. Despite media scrutiny and pressure from the public police had never named a suspect or given any indications as to what happened on this terrible morning. Now they say they suspected Scott all along. And they say they don't believe that anyone else was involved in the murder.

Scott Dunn was arrested Mon. morning after he turned himself in to the state police. He has been arraigned and charged with criminal homicide, abuse of a corpse and three counts of arson.He is in jail, being held without bail.

http://www.thederrick.com/stories/04112006-2104.shtml

The arrest wasn't really a surprise as most have been theorizing all along that Scott Dunn had killed Brandi. And some of the shock of the murder has worn off, at least for the public. Yet it is still difficult for me. This was a young couple, no children, still on their "honeymoon" playing house in Brandi's parents home. The excitement from the wedding had likely worn off, but they still didn't seem overburdened with responsibility. Yes they had had an argument, but couples often do at that stage in a marriage. With the excitement over, most couples settle down to learning to share with each other and developing the footing that their marriage would be based on.

Yes, there was possibly some pressure from relatives for them to become more independent. Scott at least was working, so likely it was expected they would get a home of their own at some point. And maybe there is a clue in that argument that was illustrated in the comment Brandi left on My Space. But I cannot imagine any argument or anything that Brandi could have done that was so bad that it would call for her death. Certainly in this three months, everything that was known about her has been scrutinized and nothing has been found.

Could Scott have been tired of marriage so soon? Or was he just set on control, that everything had to go his way including his wife's actions and reactions? Scott had just picked Brandi up that morning from a friend's home at 6:14 am. He called 911 at 7:32 am. So there hadn't been time for an extended argument. The why's of the crime will probably never be known. But I have to say that I wonder if Scott now thinks he won the argument or if he feels he has bettered his circumstances.

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A contrast

April 11, 2006 at 2:06 am (Domestic Violence)

Lisa Radtke, 22 was a senior in college and due to graduate from college in 2 weeks with a degree in urban planning. She lived at home, with her mother Sharon Radtke, 56, and her grandmother Bonita Radtke, 79. Lisa was known in the neighborhood as being active in church, and for her love of music. She is described as a "beautiful young lady, the kind of daughter any mother would want to have." They were described as having a good relationship.

Sharon Radtke was a legal secretary who had recently lost her job. She was worried about losing everything she owned, about losing her house and becoming homeless. Her family had offered to help in this financial crisis and they were going to work things out. Sharon had allegedly been somewhat withdrawn lately.

 On Fri. about 11:50 pm police got a call. A woman told them she had just shot her daughter. Police found Sharon Radtke in her doorway and found Lisa Radtke dead in her bedroom.

Allegedly, Sharon stated the reason she shot her daughter was because she didn't want her daughter to experience being "poor".

http://www.detnews.com/apps/pbcs.dll/article?AID=/20060410/METRO/604100390/1003

I don't understand. This girl had everything going for her. She was due to graduate from college, she would be beginning to find a job, soon would be supporting herself, and from all indications, would likely have been willing to help her mother. Also, their family was willing to step up and help the family out. I am sure things might have been hard for a while. And I am sure that it would have been difficult to accept help. But everyone experiences tough times. And this girl had her whole life in front of her. She was on her way to a career. A career in which she wouldn't have been "poor". "Poor" is one of those weird words. A billionaire whose income suddenly drops to $50,000 a year might describe themselves as "poor". But a person who lives on $25,000 would describe that as pretty well off. A true homeless person living on the street, might think that $25,000 a year was pretty well off. Radlke said she feared being homeless. But a plan was already taking place to save the home.

Radlke being noted as withdrawing into the home makes me wonder if she wasn't suffering from depression. And I also wonder about the contrasts here. A daughter whose life was just beginning and a mother who may have thought her life (or her life as she had become accustomed to) was ending.

I also wonder if the mother considered the fact that she killed her daughter over an ideal. She may have thought she was saving her daughter from being "poor". But instead, she left her daughter, at least briefly with the pain of a gunshot and the knowledge that her mother killed her.

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