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(3) The 5 year-old female and her 5 year-old brother are the children of a significant political figure in Grant County. The 5 year-old children's mother,
who is the wife of the aforementioned political figure, is described by Defendant
Kopp as having witnessed the act. See Wisconsin State case no. 2010JV000068.
(4) The brother (not named because of his age) engaged in an act upon "D's" body; however, he was not charged as was D.
Originally posted by caladonea
reply to post by Alien Abduct
There is already a thread on this....
This is primarily a 42 U.S.C. §1983 action in which a 6 year-old child identified as "D", joined by his parents, allege violations of their U.S. 1st, 4th, 5th, 6th and 14th Amendment Constitutional rights.
In the Fall of 2010, three children, namely "D" and two other children, each 5 years-old (brother & sister) were playing "Doctor" with their guest, D. Two of the three children, one of which was D, exhibited behavior that according to retained experts, is normal childhood behavior; however, the Grant County District Attorney (Defendant Lisa Riniker), asserts that the behavior was felonious.
She charged one of the three children (rather than two), specifically 6 year-old D, with a Class B Felony, namely "1st Degree Sexual Assault." Defendant-District Attorney Riniker wrote in her opposition and response to efforts by D's attorney to have the felony charge dismissed because D is 6: "The legislature could have put an age restriction in the statute if it wanted to.
The legislature did no such thing." "D" suffers from ADHD. He allegedly touched his 5 year-old female companion inappropriately.
She Case: 3:11-cv-00773-slc Document #: 2 Filed: 11/15/11 Page 1 of 252 is the daughter of a well-known political figure in Grant County, Wisconsin. Although, the political figure's 5 year-old son (present with his 5 year-old sister), allegedly committed a similar act, the son was not charged. Instead, only "D" was charged.
D was investigated by Defendant Moravits of Grant County Social Services, whose regional supervisor (Ms. L) is the political figure's wife's sister-in-law, and is defined by the political figure (and by Ms. L) as the aunt of the two aforementioned 5 year-old children (of the political figure). Moravits wrote a scathing report critical of "D" calling for his prosecution and assuring the parents of D that in Grant County, Wisconsin a 6 year-old is and was not immune to criminal prosecution.
But as to the other child, the political figure's son, Moravits did not call for the laying of charges against him. Until last week, the District Attorney (DA), Defendant Riniker, was (or caused the) addressing and sending mail to 6 year- old D, rather than to the parents, and that the DA refers to the 6 year-old not by his first name but as "Mr._____" (last name redacted because of the child's age).
Furthermore, she sends or causes to be sent to the 6 year-old paperwork that tells him that he could go to jail if he does not show-up for court. Plaintiffs also seek injunctive relief to cause the Defendant Riniker to cease and desist from abridging the Parents (Plaintiffs) First Amendment rights by her pressuring the parents of "D" to force "D" to admit guilt when the boy says he did not do the act and, additionally, that the DA is demanding and pressuring the parents to sign a consent decree.
Plaintiffs assert that injunctive relief is necessary if the prosecutorDefendant Riniker will not cease and desist of her own volition, since the public interest favors governmental policies that encourage Prosecutors to act with discretion and to consider the Best Interests of a Child.
A Consent Decree that bodes with a process that causes a 6 year-old to appear as a Sex Offender when he attains the age of 18 is not in the public interest. The public--Wisconsin residents especially-- favors policies which hold that children can play "doctor" without being labeled as sex offenders or deemed guilty of the Felony known as First Degree Sexual Assault
Judge Bill Dyke.
I'd rather take my chances with Al Qeda than with the kind of judges being pumped out here.