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Biological Dad of 'Baby Veronica' Arrested, Refuses Extradition

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posted on Aug, 14 2013 @ 10:16 AM
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IMHO...he did not have his daughter's best interest at heart when he refused her contact with the only parents she ever knew - the adoptive parents.

He is punishing the child and the adoptive parents for something they didn't do..if he stood before Solomon, he would rather cut her in half than give her up.



posted on Aug, 14 2013 @ 10:45 AM
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reply to post by Wrabbit2000
 


the 10 grand was additional to the expenses of the delivery/adoption.

it went right to her pocket. hence the reason dad was not informed.



posted on Aug, 14 2013 @ 10:53 AM
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reply to post by kosmicjack
 


both the mother and the adoptive parents AND the adoption agency were ALL aware that the dad had not been informed. yet they followed through anyway. the dad has no obligation to let her see the "only family she ever knew"

she should have never known them in the first place!

the mother should be thrown in jail for falsifying documents during the adoption for the specific purpose of the dad not ever being informed. if the cherokee nation hadnt gotten involved he STILL wouldn't know he had a child! hell the adopting parents and the agency should be locked up too for being complicit to the crime, as they were all aware.

the media keeps spinning this like he just didnt want to have anything to do with the mother or the child which is a load of crap. DR.Phil needs a big shameful slap on the forehead too...



posted on Aug, 14 2013 @ 11:05 AM
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moreover on the topic of the childs best interest..

the state of oklahoma conducted a psychiatric evaluation to see if leaving the father would be in the girls best interest. they concluded that it would not .

the state of South Carolina has yet to conduct any such evaluation, even before removing her from the adoptive parents the first time. and no such evaluation has yet to be put in motion either.

i SUSPECT this will be one of Governor Fallin's(OK) requirements before she makes any decisions on the matter.



posted on Aug, 14 2013 @ 11:06 AM
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Originally posted by LurkingRelentlessly
reply to post by Wrabbit2000
 


the 10 grand was additional to the expenses of the delivery/adoption.

it went right to her pocket. hence the reason dad was not informed.


Okay, what's your point? This isn't some investigation for the legion of internet sleuths to dig out their fuzzy spy glass and discover the smoking gun which cracks the case. :shk:

This has not JUST been settled in court..it's been up to, through and settled in the U.S. Supreme Court in Washington D.C.. If this guy figures he has a snowball's chance of saying all the courts HE respected (while they were on his side) are now evil and misguided because they aren't on his side? Well.. too bad.. doesn't work that way.

I may even sympathize with the man, which I do..as noted. However, you can't have your cake and eat it too. You cannot even play at working the legal system to it's fullest extent and ONLY THEN...say 'Oh, doom on you! I'm an Indian! It doesn't count.... Oh B.S. and that is really what irks me most about this case.

Second to that though is the fact he has nerve. Real nerve. The court rules against him so he hides his kid on an Indian Reservation .....while attending training for the National Guard in another state. Wow... Fugitive Soldier? That's a new take on things.
edit on 14-8-2013 by Wrabbit2000 because: (no reason given)



posted on Aug, 14 2013 @ 11:16 AM
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reply to post by Wrabbit2000
 


you seem to be confused as to the events leading up to the current situation.

he didnt run to "indian country" to escape the court ruling... he had already been back on the reservation with her (their home) for over a year before the DISTRICT COURT overturned its own ruling.

the SUPREME COURT simply kicked it back down to the district court suggesting to review it again. which it did, and subsequently overturning their previous ruling. but by then he had already been long gone from SC, and the tribe has already granted the grandparents guardianship while he trains at fort sill.

at this point, only the governor or BOIA can extradite.



posted on Aug, 14 2013 @ 11:31 AM
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reply to post by LurkingRelentlessly
 

Actually.. I read over the story again before replying to you.


After Veronica's birth mother, who is not a member of the Cherokee tribe, rejected Dusten Brown's marriage proposal, he was not present for the pregnancy and did not pay child support after Veronica was born in September 2009.
The Capobiancos were picked by Veronica's birth mother to be her adoptive parents and the girl was raised from birth by the couple in South Carolina for two years.


This is a 3 year old girl. The adoptive parents had her and raised her for 2 of those years. Critical bonding years, I'd say.


However, when Dusten Brown, who is of Cherokee descent, found out that the Capobiancos were going to adopt her, he objected.
Brown gained custody of Veronica at the very end of 2011 after the South Carolina Supreme Court ruled that he had a prevailing right to claim custody based on the 1978 Indian Child Welfare Act, which aimed to keep Indian children from being placed with non-Indian adoptive or foster parents.


He learned he had a kid, he sued for custody and appeared to win under an obscure Indian Welfare act originally written to address a VERY different issue. Fine though.. he won.... That round.


After the ruling, the Capobiancos appealed the South Carolina Supreme Court decision to the U.S. Supreme Court, which ruled that the lower court should reconsider their ruling. The lower court then reversed its ruling.
Two weeks ago, a South Carolina family court judge finalized the Capobianco's adoption of Veronica. The judge also approved a transition plan for Veronica so that she would be gradually reintroduced to the Capobiancos.


He then lost. He didn't just lose small....he lost spectacularly. The U.S. Supreme Court found fault with the lower court's ruling that originally went in his favor, as is their procedure. They sent it back down, which is basically saying "It's broken, dummies...now go fix what we say is broken". Which happened to be the point he won by.


Brown failed to produce Veronica during a court-ordered transitional meeting Aug. 4. Then, the judge issued an order that Veronica be immediately turned over to the Capobiancos. South Carolina authorities issued a warrant for Brown's arrest, charging him with custodial interference.
OP Link

Under our laws, he was in violation before....but the failure to follow court orders on the above pretty well sealed his issues for awhile.

By the way... I wrote that with the article in split screen next to the edit box...going line by line while writing this. If I missed or left anything out from the OP text, please do let me know which line you figure I missed something with? I love debate on points and issues.



posted on Aug, 15 2013 @ 12:26 AM
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reply to post by Wrabbit2000
 


certainly.


For two years, the Capobiancos raised Veronica in their South Carolina home. Her biological father, Dusten Brown, had given up his parental rights. But later, Brown, who is Cherokee Indian, invoked a federal law that protects Native American children from being separated from their families. He was awarded custody 19 months ago.

source



The court rules against him so he hides his kid on an Indian Reservation .....while attending training for the National Guard in another state. Wow... Fugitive Soldier? That's a new take on things.


1) the court ruled in his FAVOR, him and child go home to "reservation"
2) 19 months pass, almost as much "bonding" time as the couple. they begin their lives
3) he goes back to training, kid goes to granparents.
4) courts overturn their previous ruling. warrent issued while in training.

your misrepresenting of events paints one hell of a negative picture of this man. hes neither a fugitive nor a kidnapper.


Under our laws, he was in violation before....but the failure to follow court orders on the above pretty well sealed his issues for awhile.


the court order was from another state (South carolina). hence the reason for his stating he wont budge without a governors warrent. the state of SC has no jurisdiction over the resident of another state.

at this point they are at the mercy of the state of oklahoma.
edit on 15-8-2013 by LurkingRelentlessly because: (no reason given)



posted on Aug, 15 2013 @ 05:01 AM
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reply to post by LurkingRelentlessly
 


It was the South Carolina Court that originally gave him custody. That was good enough for him and that court's authority was all he needed to act and take the child from the first home. Now, when that court has reversed it's ruling after the United States Supreme Court ruled against the original point he'd won custody on? Well, again, now it's the Indian Tribal Court he goes to. Okay, fine.. I hope it works out for him. If it doesn't, he'll probably end up with kindapping charges. Custodial kidnapping if nothing else, and particularly given the cross jurisdictional issues.

People can dress this up any way they'd like but the facts are still the facts. The court he benefited from was the court that took that win back. He respected them then..and doesn't now. This issue with Native American jurisdiction is pretty well all that is keeping him free right now, given he has already been arrested and had to bond out on a fugitive warrant over this matter.

The start of the story almost makes the arrest sound like a minor issue. It isn't until several paragraphs later they mention ...


Brown failed to produce Veronica during a court-ordered transitional meeting Aug. 4. Then, the judge issued an order that Veronica be immediately turned over to the Capobiancos. South Carolina authorities issued a warrant for Brown's arrest, charging him with custodial interference.


This isn't a small thing and he's currently in the process of a criminal case over this from what the OP story is saying. It'll be interesting to watch because he has A LOT riding on the outcome at this point. More than just his child's custody, to be sure.



posted on Aug, 15 2013 @ 08:10 AM
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update

adoptive parents seek deal over custoday

well they have arrived in oklahoma

governor told brown he has to negotiate with them or face extradition, they seem willing.

still may see a good outcome!


maybe this wont have to go to Oklahoma or tribal court



posted on Aug, 15 2013 @ 08:15 AM
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"The Capobiancos have requested the Cherokee Nation and Dusten Brown to follow the South Carolina court's order, but they forget that Dusten Brown has the same rights to have his arguments heard before our Oklahoma courts and Cherokee Nation Tribal Court," Chief Bill John Baker said


hypothetically if this were to happen and they had an opposite ruling, would this end up back in the supreme court?

that would be interesting.



posted on Aug, 16 2013 @ 12:32 PM
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Oklahoma Governor Caves; Now Ready to Extradite Baby Veronica's Dad


Only yesterday, Fallin issued a statement to the Associated Press saying that she would not extradite Dusten Brown because "he has a right to his day in court."



"What Fallin may not realize, or doesn't care to realize is that Dusten Brown, prior to their latest round of playing the victim, had offered them shared custody every which way from Sunday—and they flat out rejected every single offer," said an insider. "He offered them summers and holidays, they said no. He offered them the school year and he get the summers, they said no. And now here they are on our doorstep whining about cooperation when they have rejected every single offer behind the scenes. They wanted all or nothing, and he's simply not going to do that. So here we are. It's disgusting."


so the way i understand it is, they were told to cooperate and play nice and share. the adoptive parents rejected all offers and wanted full custody. since no compromise was made she was left in the custoday of the cherokee nation, and not brought to court like ordered.

i think every party screwed up this last round.

the capobioncos refused to negotiate - 180 from what was said yesterday when they arrived.

Dustin brown refused to bring her to court - i understand why (hed been tricked into loseing her once already, and feels more secure with her current custody) but likewise didnt do as he should have

and Gov. Fallin didnt oversee these "negotiations" properly. she just left it up to them and their lawyers. who have been fighting like children over this for years. did she really think they were going to compromise on their own?

to her slight defense, yesterday both parties made it seem like they were ready to handle this maturely on their own. i wonder what made all 3 parties 180?

why weren't they willing to negotiate like they claimed yesterday? why didn't she show up to court? why is fallin now not giving him his day in court?

what happens now to veronica? this sucks.

edit on 16-8-2013 by LurkingRelentlessly because: (no reason given)



posted on Aug, 16 2013 @ 03:56 PM
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Originally posted by LurkingRelentlessly
not sure if anybody has already mentioned this or not but the adopting couple paid the mother $10,000 for veronica. thats after already funding the adoption costs on both ends.

follow the $$$ ATS....




oooooooohhhhhhhhhhhh baby selling, that's a big nono Mommy should go to jail and daddy get baby. I thought both parents had to sign on adoption. No????



posted on Aug, 17 2013 @ 01:25 AM
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reply to post by StoutBroux
 


not in south Carolina, the daddy doesn't even have to be on the birth certificate. its a complete babies mama state. thats why a significant amount of all babies taken by CPS from many states end up in south carolina...and why most parents who really really want to adopt, go to south carolina...

in this case, the mom texted the dad (who was in the military at the time) and asked if she could have full custody of the unborn child. the dad (being in the military and all) thought that would be a good idea for the time being.

she took that as "signing over his parental rights" and put the child up for adoption. didnt tell dad.

the agency simply took her word on the parental rights thing. they knew full well that he wasnt aware of the adoption (he just thought she wanted custody), and even informed the adopting parents of this. everyone moved forward thinking he would never find out.

mommy should go to jail.
agency should be dismantled.
SC courts should kick rocks.
veronica should be with her daddy (allegedly what she herself wants, and what psychiatric evaluation has determined)

oh well. another one bites the dust.



posted on Aug, 17 2013 @ 11:35 AM
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Gag order issued in baby veronica case

this just gets more and more interesting.

both families appeared in 2 separate courts yesterday, state and tribal. Gag order issued on the results of the hearing.

but it says he walked out of the tribal court clutching two stickball sticks (native sport) and raising them in the air (typically a sign of victory in stickball)



posted on Aug, 17 2013 @ 11:54 AM
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more on ICWA




ICWA does not provide special “racial entitlements”; it treats (some) American Indians as having a distinct political status conferred by treaty rights. In fact, in 1974, the Supreme Court ruled on this very point. In Morton v. Mancari, the court held that Native people could be treated differently from non-Native people, not because they belonged to a distinct racial group, but because tribal nations are “quasi-political entities” whose status is determined by federal treaty. Being the parent of a child eligible for tribal enrollment is not a “race.” People otherwise identifiable as Native may have children that are not ICWA-eligible because they belong to a non-recognized or terminated tribe (of which there are about 200 in the United States), because of arcane blood quantum requirements, or because they are indigenous but from Latin America, Canada, or Hawaii. Two, all ICWA does is give birth parents rights that many think they should have regardless, and often do. If the Baby Veronica case had been in Massachusetts, for example, Dusten Brown would be treated as a legal parent, and his daughter could not be adopted unless he either relinquished his parental rights or was shown to be unfit—the same standard as ICWA.


more on jurisdiction



Jurisdiction matters a lot in adoption. State laws vary widely, and many Sunbelt states (plus Utah), are known as “easy adoption” states where Christian adoption agencies, in particular, often relocate pregnant women because they, and the birth fathers, have few rights there. ICWA is the only federal law that offers birthparents rights in adoption cases, so that enrolled members of Native Nations, at least, have uniform and enforceable rights. The jurisdiction is always tribal court, and the law is consistent.


more on the supreme court




Clement successfully brought the Baby Veronica case to the Supreme Court, making a series of interrelated arguments. First, his brief insists that Brown is not legally or meaningfully a father because he and Maldonado were not married. For me, as a lesbian mother who raised a child in Arizona where I could not adopt her because her other mother and I were not married, this argument terrifies me. Second, he makes an old (and racist) blood quantum argument, saying that the child is “really” Hispanic, because she doesn’t have a sufficient fraction of “Indian blood” to count—a point on which the Cherokee nation begs to differ. Finally, he says, ICWA is a law that gives unfair racial preferences to Native people in adoption and custody cases. In this, he is following Antonin Scalia, the Supreme Court Justice he clerked for. Scalia, commenting on Baby Veronica, said that the most wrenching case he ever decided was Holyfield, where he had to “turn [a] child over to the tribal council,” removing it from a “wealthy rancher” in an ICWA case. This is a strange description of Holyfield. What the Court actually did in Holyfield was determine that the jurisdiction for the adoption would be tribal court, much as it might find that one state rather than another was the proper place to hear an adoption or custody case. In Holyfield, the “wealthy rancher’s” family in fact adopted the children (there were twins); the tribal court found it was in the children’s best interest. This is a crucial point: ICWA does not determine who gets a child. It determines jurisdiction–who gets to decide who gets a child.


Source



posted on Aug, 17 2013 @ 12:17 PM
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ROFL

Capobiancos Send 'The Locator' TV Star to Take Veronica From School

first Dr. Phil, now "the locator"?

i think its clear that all this couple wants is publicity, they cant even wipe their nose without calling a press conference.

apparently they sent this reality TV show host and camera crew to veronicas indian school to mediate on their behalf. the Television crew was stopped and escorted off the premises by Cherokee Nation marshals upon entry.

they claim they act in veronicas best interest, yet they have rejected every offer from Brown to visit or discuss compromise. is it because they wont get any tv show royalties from a closed doors visit.?

theres even rumor about an upcoming book on the matter. whats next? baby veronica the movie??

it seems to me they are looking out for their own interests and not whats best for veronica.


ETA: has anybody seen this show? ive never heard of it
edit on 17-8-2013 by LurkingRelentlessly because: (no reason given)



posted on Aug, 17 2013 @ 12:27 PM
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I thought this was confusing and all, but then a thought occurred to me-

Bio-mommy seems she found a new kind of gold when digging around with this guy.

She got paid, and she can walk away unnoticed b/c all the courts are too busy to notice; what she has done should be noted as motivated by money...securing her future, right or wrong.

Yeah, she's sick in the head for it- isn't everybody?

Right or wrong seems to boil down to getting paid or not?

I think I better have some pancakes to try and cheer myself up with.



posted on Aug, 17 2013 @ 12:29 PM
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reply to post by LurkingRelentlessly
 


I agree 100%, Dusten Brown has attempted time and again to comply with the SC's gov request to cooperate with the Capobiancos, but they keep turning him down to meet and discuss Veronica's future, then send the 'Locator' clown.
Theyre shooting themselves in the foot, and DO NOT have this child's best interests at heart.

Here's a clip from the show The Locator



Another crap reality show



posted on Aug, 17 2013 @ 12:36 PM
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and they sent him to her SCHOOL of all places. interrupting not only her education but hundreds of other kids as well.

very shameful.







 
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