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I suspect this post is very close to accurate. | |||
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Info Guru |
Maybe, however it would be very easy for the judge to make such a statement and he has gone underground and refused to answer any questions. If this is just a routine way to get paternity established and to pay support, it seems it would have happened hundreds if not thousands of times before. “Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passions, they cannot alter the state of facts and evidence.” - John Adams | |||
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Member |
Read this account which includes the excerpt below. That doesn't seem to be the case.
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Step by step walk the thousand mile road |
You need to work on speeding up target acquisition, sight alignment and trigger squeeze. Nice is overrated "It's every freedom-loving individual's duty to lie to the government." Airsoftguy, June 29, 2018 | |||
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| Ammoholic |
Maybe H&K-Guy is planning on having the dirtbag have a little time to suffer^H^H^H^H^H^H, uh I mean consider the error of his ways. | |||
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| No Compromise |
I figure castration only takes one of those minutes. I'll let you guess at what I want the last four minutes for. H&K-Guy | |||
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| Member |
I'm surprised the rapist has survived this long. I would have expected him to have been expired a while ago in some form or fashion. | |||
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| We gonna get some oojima in this house!  |
When these judges come up floating in a river, these types of rulings will probably cease to happen. ----------------------------------------------------------- TCB all the time... | |||
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Member |
I can't seem to find the article in USA Today's web site now, but when I looked earlier this morning, I could swear I saw a blurb that this waste of humanity was NOT going to seek custody in any shape or form. Sorry...can't find the link/story... "If you’re a leader, you lead the way. Not just on the easy ones; you take the tough ones too…” – MAJ Richard D. Winters (1918-2011), E Company, 2nd Battalion, 506th Parachute Infantry Regiment, 101st Airborne "Woe to those who call evil good, and good evil... Therefore, as tongues of fire lick up straw and as dry grass sinks down in the flames, so their roots will decay and their flowers blow away like dust; for they have rejected the law of the Lord Almighty and spurned the word of the Holy One of Israel." - Isaiah 5:20,24 | |||
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| Member |
Is the judge disregarding the alleged rape of the 12 year old because he was never brought up on charges? However, simple math would convict the guy - the kid is 9 years old and the mother is now 21, proving she was 12 when she conceived. Totally messed up. P229 | |||
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| Member |
Seems like a few people should be swinging by a rope including the judge. What kind of insanity is this? Who could even bring a thing like this to court, have it heard and then have it followed through? Sometimes I can't wrap my head around how screwed up society has become. | |||
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eh-TEE-oh-clez |
There's a little bit of over-hype going on. I read another article where the rapist, Mirasolo, isn't seeking custody. The girl applied for state aid, and under those rules, a DNA test is required. The child submitted to a DNA test, the state figured that the Dad is Mirasolo, and established paternity. The state likes to establish paternity where it can so that they can recover child support, etc. This also makes it harder for un-wed couples to claim that the baby-daddy is MIA so that the single-mom can claim more state benefits. With paternity, comes visitation and custody rights. The court can modify or even revoke visitation and custody if it is given good cause, but someone has to make that argument--the court doesn't automatically revoke people's rights without a hearing. So now the girl has to go to court to modify the visitation and custody orders. She could attack that in any number of ways--by showing that the father has been absent for the past 8 years, that the child's welfare would suffer, etc. Or, as they appear to be doing, using the Rape Survivor Child Custody Act. It doesn't appear that the parties are duking it out in court and the mom has to resort to using this Rape Survivor Child Custody Act--it looks like they're just fixing some business-as-usual court stuff using this law that just so happens to apply here. The lawyer gets 15 minutes of fame, makes some comments about the case, and the news picks up on her pontificating about how the guy should have still been in jail this whole time. Yes, we agree that the guy should still be in jail, but she's just Monday Morning Quarterbacking. At the time of his plea, the DA probably had very little evidence. Two girls sneak out to go party with some boys. They take off with an older guy and then don't show up at home for a couple days. They don't say a word. Then, a month later, one turns up pregnant and they're pointing fingers. There are incompetent people everywhere, but if the DA had enough evidence to put this guy behind bars for longer, they would have--rape convictions are good for a DA's career. So yeah, guy should have been in jail for longer, but wasn't. He technically got paternity and some legal rights assigned, but he didn't ask for any of it. In fact, I read another article, that they're settling the matter out of court. https://www.usatoday.com/story...-year-old/748636001/ | |||
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| Info Guru |
That's much better than it appears on the surface, but I have to wonder why the judge doesn't come out and explain this? It's certainly not secret, and the proceedings are public, aren't they? Why go into hiding and duck reporters and essentially confirm by your actions the worst possible spin on the situation? I just don't get that - explain the ruling and put it to rest. “Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passions, they cannot alter the state of facts and evidence.” - John Adams | |||
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| Member |
Clearly you failed to read the article. Prosecutor broke down the charges.
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| Too old to run, too mean to quit! |
A local Indian tribe up in N. Idaho, many years ago, handled it pretty well. They took the shit bag to the river bank where he had raped the young Indian girl, and used a rusty tin can lid to emasculate the dirt bag and left him, immobilized there. Some woman driving on the other side of the river saw him and reported it. He survived, for whatever that was worth. Elk There has never been an occasion where a people gave up their weapons in the interest of peace that didn't end in their massacre. (Louis L'Amour) "To compel a man to furnish contributions of money for the propagation of opinions which he disbelieves and abhors, is sinful and tyrannical. " -Thomas Jefferson "America is great because she is good. If America ceases to be good, America will cease to be great." Alexis de Tocqueville FBHO!!! The Idaho Elk Hunter | |||
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| Member |
Perhaps not but the point remains that the judge awarded the victim's rapist joint custody, an order which is apparently at odds with a section of Michigan law which was quoted in an earlier post:
Given that, does the 'shall not award custody' language used not preclude the judge from awarding him joint custody? | |||
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| eh-TEE-oh-clez |
The child custody dispute has not yet been heard before the court. You are getting the timeline mixed up. I blame the media for sensationalizing the issue. Here's the condensed version, from what I can tell from the news article. I'm obviously taking some liberties because I'm not a lawyer in Michigan nor do I care enough about this case to look into it. I'm making some assumptions based on my own family law experience here in CA: *Mom applies for state aid. *Mom submits DNA test for the Kid. *Court establishes Paternity automatically between the two parties based on DNA. *Mom realizes that Rape Daddy now has legal custody and visitation rights. *Mom hires Lawyer to get custody. *Media sensationalizes "Rapist Awarded Joint Custody". Lawyer Pontificates. <----THIS IS WHERE WE ARE IN THE PROCESS *Rape Daddy says "Wtf, I don't even want a kid." Tries to give custody back to Mom, but probably complicated by child support matters. *Court date set in the future where a Judge will give custody back to the Mom, as per Rape Survivor Child Custody Act. The court can only rule on matters that are before it. The court cannot do outside research on the facts, and must rule only on the facts presented in court. So, when the court established Mirasolo as the father and gave him some basic parentage rights, did the Mom present evidence that the child had been conceived through rape? Probably not. The Mom applied for state aid, submitted the child to a DNA test, and Parentage was established automatically/summarily. Later, at some future date during the actual child custody hearing, the Judge will get to see all the facts--including the fact that the child was conceived in rape, and will then assign Parentage to Mom. Until then, there has been no child custody "dispute" on which the court can rule. Much ado about nothing. | |||
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| eh-TEE-oh-clez |
Judges don't go around commenting on cases that are before them in Court, in general. But, more importantly, there hasn't been a ruling to explain in this matter. The Judge that summarily assigned parentage to the Rape Daddy based on DNA findings probably didn't even know that the guy was a Rapist. It probably wasn't even brought up. It's likely that the whole Parentage thing was brought forward by the State trying to establish paternity so that it can collect on child support on behalf of the child, and didn't even know that the child was conceived in Rape. Mom probably wasn't even there. | |||
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| Member |
^^^ Then there is a lot of incompetence going on with the lawyers and prosecutors, not really a surprise. | |||
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| eh-TEE-oh-clez |
There is definitely plenty of inefficiency in the way family courts are run, but it's made worse because the inefficiencies are intentionally shifted onto the unrepresented individual. The usual thinking is, streamline the process for as many people as possible, and if that causes extra problems for people with special needs or concerns, those people will have an opportunity to address the court individually if they want. So, for 99 percent of people applying for State aid, the DNA test and establishing paternity automatically works out to in the State's favor. It casts a wide net to catch as many Baby Daddies as possible, in order to recover child support payments for the State. This works out for most of the time. For the 1% where this doesn't work out, it creates additional hassle for the parties to come in and sort out the problem before a Judge. But that's preferable to having every single case show up before a Judge for a ruling. | |||
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