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In An Age Of Universal Deceit, Telling The Truth Is A Revolutionary Act.......George Orwell
Showing posts with label wrongful. Show all posts
Showing posts with label wrongful. Show all posts

Sunday, June 22, 2014

Caleb Stewart's Case After Eighteen Months

How long does Kansas take to investigate a complaint about a daycare? How many reports of abuse, injury, or untimely death do they need in order to justify the expenses involved in gathering information and making a quality decision about who gets a license to operate a daycare, and who does not? According to the latest information, brought to us by WIBW, the death of a child will bring an investigation and a decision in about a year and a half. That's how long it took Child Protective Services in Kansas to substantiate the charges, concerning a wrongful death, finally brought against Tara Johnson, the home daycare provider; and Destiny McClusky, a random friend of Tara's who had no real business in Tara's workplace.

In February of 2013, five month old Caleb Stewart was dropped off at daycare by his mom, Misty Durham. Later that day, he died. Tara Johnson was not on the premises, which she should have been, and her boyfriend, Russel Morris and the aforementioned friend, Destiny McClusky, were watching the children. Anywhere besides Kansas, this would lead to charges and a lawsuit. As is stands, Johnson, Morris, and McClusky probably do not have the assets to settle a lawsuit for wrongful death, and since Kansas was allowing this daycare to operate without a license and failing to substantiate the complaints that led to the situation that cost Caleb his life, Johnson's daycare was not covered by insurance, either. But then, about ninety-five percent of public schools in Kansas did not have insurance when school started in 2013, either.

Chad Taylor, the prosecutor in Topeka, Kansas, has declined to press any charges at all in this case. He presses charges when the children of richer, better connected parents die in daycares, but not Caleb Stewart's death. Taylor even retaliated against Misty Durham by having her arrested for an old traffic violation when she called his office to ask about the status of the case! Does he think that forcing different social classes to exist in Kansas and denying justice to people he simply doesn't like are going to get him elected again? And is child protective services in Kansas really attempting to protect children? Or do they only respond when they find children who are alive and marketable, and whose parents don't know their rights and cannot afford legal representation?  How many other children have been in harm's way during the eighteen months it took them to glance at Caleb Stewart's case?

Thursday, November 21, 2013

Derrick Deacon Is Finally Free

Derrick Deacon just got released from prison in New York, after serving almost twenty-five years behind bars for a murder he did not commit. After new testimony and new evidence surfaced, Deacon was granted a new trial. It took a jury all of nine minutes to find Deacon "Not Guilty" with the new evidence. Congratulations to Derrick Deacon for standing up for himself all these years, but why did he get convicted in the first place? It seems that the district attorney's office in Kings county, New York, didn't have the balls to go after a gang member who shot a teenager during a robbery, so police arrested a homeless man, Deacon, instead. A young woman by the name of Colleen Campbell saw the actual killer, and told law enforcement. While she did not know the identity of the actual killer, she knew who Deacon was, and that he did not commit the murder. This should have been sufficient, in the absence of any other evidence, to rule Deacon out. but not so fast......gangs are dangerous and notorious for vengeance, and homeless people do not put up much of a fight when coerced and pushed around, and Kings County needed a conviction, right? A homeless man is much safer to victimize than a gang member, so the prosecutor saw to it that Deacon was arrested and prosecuted for the crime, instead of the guilty party. When Campbell didn't want to convict an innocent man, investigators and prosecutors threatened to have her children removed from her home!

"Deacon's case raises troubling questions about how he was convicted in the first place. The Village Voice reports that Deacon was convicted after investigators coerced a witness named Colleen Campbell, who knew he hadn't commited the crime.

At Deacon's retrial, Campbell said authorities had threatened to take her kids away if she testified that she knew Deacon wasn't the killer, according to the Village Voice. Another witness testified that Deacon did commit the shooting, which was enough to convict him."......Mike Krumboltz, Yahoo News.

Since when does testifying in court, or not testifying in court, or telling the truth, for that matter.....equal child abuse or child neglect? This stunt of threatening the children of witnesses in order to gain untruthful testimony seems to be a prosecutor's ace in the hole, these days! Is this the true role of Child Protective Services, assisting prosecutors in the attainment of wrongful convictions by threatening to hold hostage the children of witnesses? That might help explain why caseloads are bursting at the seams, and why Child Protective Services isn't always available to the child who actually needs them! Taxpayers are forced to pay them to enforce the whims of crooked court officials! Sad, but apparently true.

Twenty-five years of an innocent man's life.