Tuesday brought forth a day for the history books with our first black president’s inauguration. I felt happiness and actually proud to be an American for a very long time.
Then as a activist/advocate I get to read stories like the one below. I have hope that President Obama will see what Family Court judges are doing….putting children with rapists, pedophiles and other degenerates.
Judge criticized for allowing child-rape suspect care for son
THE ASSOCIATED PRESS – January 24, 2009
PORTLAND, Ore. — The Oregon attorney general’s office has accused aof gross abuse of discretion for ordering bail for a child-rape suspect to help decide custody for his 13-year-old son.
Judge Deanne Darling had ordered state child welfare officials to help release Russell Paul Hamblen of Wilsonville, who had been charged in April with rape, sodomy and sexual abuse of underage teenage girls.
The judge said Hamblen should have a chance to care for his son while the case was pending because his wife, Christine, suffers fromand has her own legal problems.
The boy, meanwhile, remains in foster care.
The attorney general’s office called the bail order unprecedented and inappropriate, and appealed it to the.
The appeals court stayed Darling’s bail order last month but declined to release a copy of its decision or related documents.
The paperwork was released Thursday in response to a motion filed by.
State attorney Denise Fjordbeck wrote in the appeal that even if thehad funding to pay the bail of $50,000, there is no legal authority to require it to do so.
Fjordbeck wrote that Darling’s order “is a gross abuse of discretion.”
The state’s sharp criticism of Darling was merited, given the timing and extraordinary nature of her ruling, said Tony Green, a spokesman for the office.
“It is unusual to appeal a judge’s order in the middle of a case,” Green said. “It’s not unusual to make such a strong argument under such circumstances. ”
In a Dec. 15 letter to the state attorney general’s office, Darling said state officials had yet to show any factors other than Hamblen’s captivity that prevent him from parenting his son.
Darling said it was clear the Clackamas County district attorney’s office, and the boy’s attorney all believe “there are other barriers to father’s ability to parent, but no one has pled it, and in fact, no real evidence on any problem has been offered.”
Child-welfare officials and state attorneys maintained that Hamblen was properly jailed pending trial and should remain in jail to protect society.
“The mission (of DHS) is to keep children safe,” Jerry Buzzard, manager of the Oregon City, told the appeals court.in
Assisting a man accused of “serious crimes against children … would be incongruent with our agency’s mission and values.”
Buzzard added that spending money on bail would deprive all “other children and families that will need to be served until July 2009,” when the new fiscal year begins.
The appeals court agreed that Darling overreached.
“It appears doubtful that the Chief Judge David V. Brewer in his order granting the stay.has the authority to order DHS to post security to secure the release of a person charged with ,” said