Facts In April of 1985, upon taking the temperature of a 4-year-old boy using a rectal thermometer during an examination at a doctor’s office, the child said to the nurse, “That’s what my teacher does to me at nap time at school.” The nurse, then, reported her suspicions of abuse to law enforcement. This led to a two-month long investigation, during which the police, along with social workers, interviewed other children at the Wee Care Nursery School of St. George 's Episcopal Church in Maplewood, New Jersey. Police and social workers uncovered allegations of 23-year-old Wee Care teacher, Kelly Michaels, forcing children to lick peanut butter off of her genitals and penetrating their vagina and anus with kitchen utensils. Authorities came to the conclusion that Michaels abused 51 students that were under her care at the nursery school.
Regardless of Kelly’s denial of the allegations, she faced three indictments, totaling 235 counts. The jury trial began on June 22, 1987 and went to the jury for deliberation 9 months later. There were initially 131 counts pending, ranging from aggravated sexual assault, sexual assault, endangering the welfare of a child, and making terroristic threats. After
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The Supreme Court stated that “the interviews of the children were highly improper and utilized coercive and unduly suggestive methods.” The prosecution chose not to retry the case, resulting in the charges against Wee Care Nursery School teacher, Kelly Michael, being dropped. As a result, Michaels filed a lawsuit against the prosecution, claiming that they violated her constitutional rights by persuading the children to give false testimony against her. Ultimately, the U.S. Supreme Court declined to hear her case. Regardless, Justice Clarence Thomas dissented, stating that the Court’s decision “…leaves victims of egregious prosecutorial misconduct without a
Even when Michael’s new defense team, through the innocence project, found a crime that was eerily similar to the method of murder and subsequent events to the one that Michael was convicted of, the new prosecutor in Williamson County fought hard to keep DNA testing from taking place, even stating that they objected to the testing now because the defense hadn’t requested it before (Morton, 2014). There was further evidence of ineffectiveness in that the coroner who’d changed his estimated time of death between the autopsy and trial, had come under scrutiny for his findings in this case, as well as several others, with claims of gross errors “including one case where he came to the conclusion that a man who’d been stabbed in the back had committed suicide” (Morton, 2014). This was only one of the many injustices that were committed against Michael Morton throughout his trial. In August of 2006, the defense was finally granted permission to perform DNA testing on the items that had been taken from his wife’s body (Morton, 2014). Although this testing did not reveal any information about the guilty party, it did at least give Michael the knowledge that Chris was not sexually violated before or after her death (Morton,
This case Tinker v. Des Moines Schools was a very interesting case argued in 1968. A lawsuit was filed against the school after three students, Two of which in high school and one in middle school were suspended from school. The school suspended the students for wearing black armbands protesting the Vietnam war. Two other students wore armbands, but were in elementary school and weren't suspended. The students were fifteen year old John Tinker, sixteen year old Christopher Eckhardt, and thirteen year old Mary Beth Tinker.
Judge Fahey restates the case. Judge Fahey stated the prosecutors undisputedly showed that defendant went into the opposite lane and cause the accident and death of the Kellys. The defendant was acquitted of the manslaughter of the Kellys, but charge with the manslaughter of the baby. Judge Fahey stated he agreed with the majority on the issue is interpretation of the case. However, Judge Fahey disagrees with how the pertaining statues were read.
The following day, 09/29/1998, while on the way to school, the nine-year-old saw the man again. She said he forced her and her 5-year-old friend behind a nearby day care center where he sexually assaulted both girls and ejaculated on the nine-year-old girl’s shirt. Police interviewed the girl later that day and she said that the man had touched her with his penis the day before, but she had not told her mother. In this interview, she did not mention that the man had ejaculated on her the second day, so her shirt was not retrieved by police. The girl said that the man said his name was “Johnny.”
On April 14, 2009, the prosecutor disclosed intent to seek the death penalty. Due to the broad attention about the case, jurors were chosen from Pinellas County but the trial was in Orange County where the crime took place. They were isolated during the whole trial (Hails, 2013). At the time of opening statements, the prosecution claimed that Casey Anthony smothered Caylee with duct tape.
In fact, much of the court case is based on onlookers who barely saw any of the incident. Much of what was said was falsified. “Questions were asked of the incident. Lies were given as answers (page 144).” The verdict was decided based on the untruths, and Madam got to choose a punishment for
The California appellate court denied his motion, concluding that he had waived his right to remain silent during interrogation. On appeal, the California Supreme Court reversed the decision, concluding that Michael’s request to have his probation officer present constituted a per se invocation of his Fifth Amendment rights just as if he had requested an attorney. Justice Harry A. Blackmun reversed the state decision based on the state law that requires probation officers to represent the interests of juveniles. He
This goes back to a cold case and unsolved murder of Sister Cathy Cesnik presumptuously by a Priest at the High School where she taught. Resurgences into some traumatically hidden repressed memories of supposedly sexual abuse victims Jean Wehner and Teresa Lancaster. It is thought that the ‘Nun’ was murdered because of her knowledge of the abuse who became a fatal victim in the case. Justifiably, a civil case was launched as in the following quote from the article. “The district attorney and the Catholic Church refused to act, so she and another victim
The Owen Labrie Case Police When the young girl was assaulted on May 30, 2014, she did not come forward right away. She waited a while. This young woman then called her mother sobbing, so the mother went to the school immediately and figured the situation out. Not only were the police investigating the possible assault, but they were also looking at the ritual that these boys had planned for so many years (Shworm, 2015). The senior boys at St. Paul High School would try to have sex with younger girls, particularly freshmen, before they graduated.
I am all so concern regarding Judge Jessica Colon-Sayre bias regarding the case base on a statement she allegedly made. Apparently in her chastising of my daughter (Jaclyn), Judge Jessica Colon-Sayre supposedly made a statement regarding her personal experience and used it as a point of references in the case, (“She
The plaintiffs in the case, Brandon’s parents, were suing based on the school failing to handle harassment at the school. More claims of wrongful death because of negligence and discrimination against Brandon’s disabilities were a part of the case, as well as suing parents for harassment and emotional distress. The Myers had claimed that the staff members were fostering a system where bullying was being able to thrive in the school and have no consequence, which still seemed to be the case when the life threatening notes were given to the school and no direct action was being taken for the victim. This also includes how the district officials, along with the employees, had kept the evidence and destroyed it to essentially keep the school protected. In March of 2010, the plaintiff’s Rehabilitation Act claim was dismissed in favor of the defendants, but kept all other respects in the case.
Procedural History • The State of Minnesota convicted Kelbel in violation of first-degree murder, past pattern of child abuse, and second-degree murder. • The Supreme Court of Minnesota sentenced Kelbel to life in prison. • Kelbel first appealed that the jury must find beyond a reasonable doubt that he committed the violations. • Secondly, Kelbel appealed that the evidence presented was insufficient.
Ladies and gentlemen of the jury, you are here because one person in this courtroom decided to take law into her own hands. The defendant, Mrs. Dominique Stephens, murdered the man that she vowed to love. This sole act by the defendant is violation of all morals and her husband’s right to live. Afterwards, she even felt guilty about this violation of justice and called the cops on herself, and she later signed a written statement stating that she is guilty of the murder of Mr. Donovan Stephens. Then the defendant later recanted this statement and said that she only killed Mr. Stephens in self defense.
Heger, he testified that after the medical examination of the children. There was an indication of sexual molestation with most children. The defense disagreed with the results from Dr. Heger’s testimony; the assessment was not from a physical assessment, but from past medical histories and a medical device. In addition, the defense argued that the children were in fact not photographed naked playing games such as, cowboy and Indian, movie star and doing cartwheels because there was no evidence of nude pictures of the children found at the pre-school, or in the homes of the McMartins or employees. In addition, other pre-schools were raided and no evidence was
The school board claimed that Ms. Cookson was originally dismissed due to her team’s participation in hazing activities, which was in clear violation of the school’s policies. When presented at the summary judgement it was found that the school had “articulated a legitimate, nondiscriminatory reason for declining to rehire Cookson” and provided sufficient evidence through parent complaints/ formal letters of disciplinary action (Kelly Jo Cookson v. Brewer School Department et al., p.4).In contrast, when reviewed by the Maine Supreme Judicial Court it was determined that sexual discrimination could have been a factor. The time of when the superintendent made his decision on Cookson’s dismissal and when he obtained the knowledge of her sexual orientation was a point of contention, therefore, it was deemed inappropriate for the case to be handled in a trial setting. Ultimately, Cookson withdrew her claim of sexual discrimination, however, it is unclear as to her