Yeah, it's not a crime. But I'm thinking about filing charges. Douchebag prosecutor f

Cause of ire.

I submitted this to another site (guess) but comment is limited compared to commentary we can post here. And this is where I feel I need to comment on it. Read the link, don’t read it, doesn’t matter. I’ll attempt to sum it up.

In North Dakota, we have what is known as a Safe Haven Law. The concept is used in quite a few states, and there are very few that have any problem with it. State’s laws may vary, but the overall concept is the same. In North Dakota the law states that any parent, or agent of parent, may turn over a child under the age of 1 year without facing criminal charges.

Obviously, these laws were prompted by those that couldn’t/wouldn’t take care of their child and just abandoned them in parks, restaurants, Dumpsters, etc. At some point society realized it would be better that a person hand over an infant to authorities than leave it to die. All of society. Well, most of society. But I’ll get back to that.

The laws/limits/ages may vary (not sure who determines the “return” policy on a child), but the laws, or lack thereof, still are law. In this instance, I’m referring to North Dakota law.

From the article, under North Dakota law:

Now, I may not be the brightest fucking bulb in the chandelier, but I have to assume that if children’s services officials are quoting the law, it’s probably legit. That and the fact that it is legit, 2 for 2 is good enough for me at this point, in this case.

This part is a bit interesting.

So they were able to contact the mother. Why didn’t the guy just give her to the mother? No idea. No details. But not really germaine to the rant. Maybe a state prisoner? Maybe a known meth-addled psycho? Maybe the guy is nuts and thinks she’s Satan? Again, doesn’t matter. According to law, he did nothing wrong.

The ER worker summed it up nicely with:

So we have a guy that, for whatever reason, just couldn’t take care of the kid. And he decides that instead of subjecting a human being to years of neglect and indifference, he’d take advantage of a law that would allow him to turn the child over legally so the child can be properly cared for. Once again, no idea what the circumstances were, just working up to what pisses me off.

Keep in mind the above mention of the fucking law that allows this.

First line of article:

Hmmm. I started off right away with a healthy dose of skepticism thinking the author was looking to grab a headline or two. Surely this was some subterfuge to make the article snazzy. There has to be something here that will make sense of it. Surely this has to be some sort of spin.

Then I continued to the second line.

:eek:

Wait. An Asst State’s Attorney, with the power of filing felony charges against people actually said this? I ran my finger over the page thinking someone used some sort of trick ink to goad me. Alas, it was an actual quote. I went to the online link, and found that running my finger over the monitor confirmed that it wasn’t a case of any trickery.

Here’s the capper:

So you’re going to consult with the group that point-blank called your bullshit, to see if you’re going to proceed with charges?

Did you happen to notice the law states children less than a year old are covered? Let me help you out:

Case closed. Right fucking there. The law says 1 year. The infant was punted one day under warranty. Where is the fucking contemplation over filing charges, you fucking half-wit?

I’m glad I have tomorrow off as it allows me time to fire off a shorter, slightly more coherent rant to the Op-Ed pages of every paper in the state. And every Goddamned state agency I can get to. This motherfucker needs to be stripped of his license. I want felons prosecuted, but this fuckwad has proven he’s not up to the challenge.

And to anyone that wants to derail this into the obvious arena, start another thread. This is about Birst, and nobody else.

http://www.bismarcktribune.com/articles/2006/08/31/news/update/doc44f6f768a1fcb547565375.txt

At least the good news is that filing charges is OFF.

Goddamnit. Fucked that title up. Preview? What’s that? :smack:

Hadn’t seen that update, thanks for the link. I knew it wouldn’t be prosecuted, but the fact this guy is still out there is what is pissing me off.

How fucking dense can can this guy be and still keep his job? I can understand being rabid about prosecuting crimes, but this instance is ridiculous.

I’m with you on this. Based on what I read of the article, I don’t see what grounds the prosecutor has as a basis for filing anything. What the fuck?

Whatever the father’s reason, short of having stolen the child from the mother (which seems unlikely based on the wording of the article), it sounds like he did the appropriate and legal thing. Where is the issue?

I’m pretty confident this will be the feeling of almost everyone here.

Based on the new development of charges not being filed, I’d like to remind everyone that this case isn’t the focus of my Pit. The Pitting is directed at the prosecutor himself. This is one case where he’s proven his douchebagedness in such a spectacular fashion that I feel he shouldn’t have anything to do with any process that involves in any way the lives of the general public.

I would go so far as to not allow him to pick up dog shit in a public park while on work release. He didn’t know the fucking law he was going to prosecute with, and went so far as to implicitly state the father was guilty of abandonment.

This fuck is what I’m ranting about. And I’m not going to feel any fucking better until he’s fired from his job. This case is what tells me who he is as a representative of the people of North Dakota. There is no fucking reason this fuck should have a position of power in any way, shape or form.

And I really don’t give a shit if he’s based in Cass county. He’s in the State DA’s office so he’s subjected to my ridicule. And he’s got a pissed off employer that plans to rally the rest of the “don’t rock the boat” employers.

I’m sorry folks, but this has pissed me off in a way I’m not used to. We have laws that have proven to be beneficial to infants, INFANTS, and this fuck immediately states he’s going to look into filing charges.

Granted, as a prosecutor, he has to look into filing charges by default if a law is suspected of being broken.

The problem is, he doesn’t know the fucking laws he’s prosecuting. Nor the laws that exempt prosecution.

The guy is fucking clueless. I’ve never even known anyone that this law would affect. But I still knew the law was there. I knew the parameters of it. Fuck, I’m more knowledgeable than he is.

In all honesty, it’s probably a symptom of living in a low population state. Police, lawyers, doctors, etc seem to be a relativly revolving door. Get the job so you can build the resume so you can move on to the bigger pay. That’s opinion, but if my opinion is valid, maybe I’m saving someone here from this dick.

I’ll try and do my part.

Why can’t you do a search before you post? That link was out there for seven hours before you posted.

In case you aren’t aware, Google has a News search feature.

Why can’t you read the post before responding?

Well, the rant wasn’t about the charge, it was about the prosecutor. But thanks for the snide response to my appreciation of the update. And the Google mention makes me as happy as telling me I done good for not getting shit on the carpet when I use the toilet.

It seems you’ve had a problem with me for awhile. How about just letting it go, or outright ban me if I’m such a pain in your fucking ass? Fuck off.

I’m not sure where you’re coming from here. Why would I ban you? You’ve done nothing that is ban worthy. And I won’t fuck off. I’m actually trying to answer your post.

If you aren’t smart enough to understand what my question is, I’ll try again.

Why did you not try to find an update on the situation before you posted?

I was wondering why you went after duffer for this, and I don’t know that the update changes my opinion of the prosecutor. I take it from duffer’s comments that you two have some sort of history, but I’m not sure I would have searched for updates to an article I’d just read that same day before posting about it, either. Regardless, I also appreciate you posting the updated information.

Back to the point in the OP – I have zero respect for the prosecutor since he decided to publicly make comments regarding his apparent thought process. It seems to me that doing that will only serve to intimidate and discourage other people from using this law in the future. They’ll be afraid that they might still somehow fall under scrutiny even if the follow the law. Makes no sense whatsoever.

My thought processes would be— when did the prosecutor say this in relationship to when the baby was brought in. What was known about the kid/dad at that point. I’m really not the bad guy here. And I have little support for the prosecutor if he’s the asshole as portrayed. But before I fall in line, I want to know what someone said/ when/ and what did he know at that point.

Not that I remember.

I agree with you in that I suppose the timing of his statement is relevant. Both of these articles were printed a week after the incident took place, but who knows when the AP got their quote from the prosecutor?

I maintain that it was unwise for him to make ANY public statement before he had all the details himself, however. Unless he was given false information to start with, I don’t think he has much of an excuse.

It’s not that I’m not smart enough to answer you. It’s that you’re missing the point of the OP. Maybe this will help.

Maybe this lady’s the baby’s mom. OK, probably not.

I’m really curious about one thing about those safe haven laws: is there any safeguard in them to prevent one parent from dropping the child off over the objections of the other parent?

What does it matter? Fuck’s sake, he proclaimed he was going to look into prosecuting right off the bat.

I don’t care if he said it 3 weeks ago. The point is he stated that it was a crime, he stated the max jail term and fine, without taking into account that he should look into whether it fell under Safe Haven law.

Is this not a reason to be riled? A person that can bring charges, serious charges, against someone that is clearly following the letter of the law?

Not sure where you stand on this. But I’d rather not have this guy in a court of law.

YMMV.

If parent A drops off a child, one would presume that if Parent B objected, s/he would be going to the police, either to reclaim the baby or to file a missing person or kidnap report. Once a parent has been identified to the authorities, (particularly a parent who expresses a desire to keep the child), the government has to go through a number of processes before they can remove the child from tre home of Parent B. (The odds are that if the situation looks weird enough, Childrens Protective Services or whomever might hang onto the child for a day or so to be sure that the parents are not abusing the child or that parent A is not going to show up with the kid in three days attempting to make the same drop-off, but if Parent B is claiming the child, the state cannot simply hang onto the child, claiming that “a parent” gave it away.)

Yeah. No cite here, and one of the reasons I mentioned the ER staff was able to contact the mother, I won’t claim to know how that works out.

I’d have to guess that once the Safe Haven deal is implemented, it’s in the hands of the courts to work that out. Of course the court’s judges are often culled from DA offices, so it seems a valid concern that this prick is in the candidate pool.

In my state, after a drop off, the child protection entity will be notified. In all probability, the case worker will take immediate custody of the child, obtain any needed medical treatment, and place the child in foster care that night, unless the child requires hospital care. The other parent would be contacted, but it is doubtful that the child would be released to the other parent that night. Shortly thereafter (not sure of exact time frame–but it’s a matter of a couple of days), there would be what is known as a “shelter hearing” to determine whether the child should remain in state custody pending further investigation or not. If the other parent has been cooperative, and the social worker is satisfied, the child might be released at this hearing. Otherwise, the child would remain in foster care, and the social worker would investigate the case and attempt to work with the non dropping off parent to work out a “service agreement” to work towards returning the child. Steps in the service agreement typically include maintaining adequate housing, obtaining employment or public assistance, drug testing, home inspection, visitation with the child, parenting classes, etc.