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Land Shark

(6,348 posts)
77. Thanks (and here's an example of the Kafkaesque nightmare you mention)
Sat Mar 10, 2012, 02:03 PM
Mar 2012

Kafkaesque: In "The Trial", the protagonist Kafka sets out doesn't know what he's on trial for. Somewhat similarly, in a case like this one, there's a real trial with stated charges, but the real charges are unstated: it's to take away your parental rights. So I saw a bunch of jockeying between the prosecutor and the defense counsel in light of what the real issues were of parental rights as well as immigration issues. The prosecutor later admitted, but only after I sent a letter of inquiry, that an ICE agent had been in contact with their office and admitting there must be an 'immigration issue of some kind.' Subsequently the not guilty disposition, I'm told, made the immigration issues go away. So there's a Kafkaesque sense of not knowing what the real charges are, at least not all of them.

But then it goes further, as shown in the OP, even though a finding of not guilty was entered and all criminal records were therefore destroyed by operation of law and court order, in a very real sense being found not guilty results and resulted here in an arguably worse outcome: civil commitment, the stigma of that as well as NGRI, and a demand that there be no visitation with the children even upon release - a form of relief they could not have obtained had they won in the original action against Karita for termination of parental rights that was in fact filed, then later dismissed. It's arguably worse because many or even most people, forced to choose, would choose prison over not being able to see their children. Thus, a not guilty disposition in cases like these is arguably equal to or worse than a guilty disposition in terms of practical effect.

Kafkaesque Michigan case law: one case says that merely being in prison is not grounds for termination of parental rights. But, being in prison AND wanting to reunite with your children IS grounds for termination. Thus, the only way to keep your parental rights is not to care to ever reunite with them. There's a catch-22 for sure.

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0 members have recommended this reply (displayed in chronological order):

I'm so sorry for everything that happened to your family. The Media looking for ratings are just Justice wanted Mar 2012 #1
Thank you, and I do very much like your screen name! :) Land Shark Mar 2012 #2
will do as soon as possible. Justice wanted Mar 2012 #13
"Better that a few be greatly injured than a whole state be troubled" Land Shark Mar 2012 #34
Kicking for later (nt) The Straight Story Mar 2012 #3
I truly do not know what to say except that I feel deep sympathy JDPriestly Mar 2012 #4
Thanks. I don't expect hallmark cards (they don't make them for this anyway) Land Shark Mar 2012 #20
Kick and recommend nadinbrzezinski Mar 2012 #5
It's understandable that you have no words, for I struggled SO HARD to find words myself. Land Shark Mar 2012 #14
Better Safe Than Sorry RobinA Mar 2012 #121
"Better safe than sorry" here means innocents get hurt. How's that fair or just? Land Shark Mar 2012 #124
Bookmarking for a reread tkmorris Mar 2012 #6
k&r to mark to read later and get past wtf is going on with you guys I am so sorry. uppityperson Mar 2012 #7
My heart goes out to you and your family. VenusRising Mar 2012 #8
Quite an ordeal. mmonk Mar 2012 #9
Good gawd, Paul, what a nightmare you and your family have been living! Mnemosyne Mar 2012 #10
Thanks. Some say "everyone who's dealt with CPS wants to sue CPS" Land Shark Mar 2012 #16
You have been through absolute hell and I pray it is resolved soon. Mnemosyne Mar 2012 #93
Be sure to kick this in the morning! sudopod Mar 2012 #11
recommend. Starry Messenger Mar 2012 #12
Thank you, Starry Mess... n/t Land Shark Mar 2012 #31
I'm so sorry. sabrina 1 Mar 2012 #15
I think you're right that I need some time to relax. (Thanks) Land Shark Mar 2012 #19
"Yes, my daughter did get a relatively minor abdominal knife injury" NCTraveler Mar 2012 #17
The legal cases are already over, and I was/am the "one closest to the situation." Land Shark Mar 2012 #18
I read you whole post. NCTraveler Mar 2012 #21
Oh, ok, I didn't catch that meaning of "closest to you" Land Shark Mar 2012 #24
"The effect of local press is pretty devastating" NCTraveler Mar 2012 #26
Here snooper2 Mar 2012 #38
and the worst cases were taken offline Land Shark Mar 2012 #41
Makes no sense for me to re-publish the MOST wrong things Land Shark Mar 2012 #84
"found guilty {sic} of attempted murder by reason of sanity {sic}" Land Shark Mar 2012 #85
I would NEVER trust CPS or the legal system mntleo2 Mar 2012 #105
Thanks for adding your experience to this thread! n/t Land Shark Mar 2012 #106
NCTraveler seems to have misunderstood the OP. nt 2 Much Tribulation Mar 2012 #110
Was any proof shown to you that no one was signing up mmonk Mar 2012 #22
Just a single phone call... Land Shark Mar 2012 #33
Post removed Post removed Mar 2012 #23
This message was self-deleted by its author Land Shark Mar 2012 #25
She was insane for... NCTraveler Mar 2012 #27
Kicking so I can read this more carefully tomorrow Duer 157099 Mar 2012 #28
I am aghast at all of this. truedelphi Mar 2012 #29
I didn't know there was a movement re CPS 2 Much Tribulation Mar 2012 #120
I ddn't (or don't) know abot CPS getting people's truedelphi Mar 2012 #122
Yes, there are microcosms in family court Land Shark Mar 2012 #125
wait. what? mdmc Mar 2012 #30
OH. MY. GOODNESS. OneGrassRoot Mar 2012 #32
The Joy of this girl is what came through to me as well. 2 Much Tribulation Mar 2012 #98
THANKS for seeing my daughter in this! Land Shark Mar 2012 #101
Here's link to the January, 2012 expose by 20/20 on Michigan CPS Land Shark Mar 2012 #35
well... TorchTheWitch Mar 2012 #36
Thanks for a very good example of the general problem here Land Shark Mar 2012 #39
Did she not plead not guilty by reason of insanity? LisaL Mar 2012 #45
Not guilty by reason of alibi or Whatever is a legal acquittal, but... Land Shark Mar 2012 #48
Not guilty by reason of alibi or Whatever is a legal acquittal, but... Land Shark Mar 2012 #49
Did you even read your own link? TorchTheWitch Mar 2012 #50
This is a toughie. I am inclined to agree with you and other skeptics. lapislzi Mar 2012 #53
Because you're willing to give your opinion, may I get your input on the following? Land Shark Mar 2012 #54
Hello? These are interesting questions from Land Shark for you to answer 2 Much Tribulation Mar 2012 #95
invited via PM to reply but nothing so far.... nt Land Shark Mar 2012 #102
The State's doctors say she's Asymptomatic for 9 months now Land Shark Mar 2012 #56
Oh Puleeeze mntleo2 Mar 2012 #113
KICK mntleo2 Mar 2012 #117
kick for mntleo2's comments, msgs interspersed in the range of 105-117 Land Shark Mar 2012 #118
How.... vile. Occulus Mar 2012 #42
Vile? Give me a break. LisaL Mar 2012 #44
Even if either of you were Miz Clio and able to diagnose someone over the intertubes EFerrari Mar 2012 #89
Incompetence or persecution? (assuming no other choices, of course) Land Shark Mar 2012 #90
Like this? EFerrari Mar 2012 #91
+1 Land Shark Mar 2012 #92
Lack of human kindness is putting it nicely, these people are ... mntleo2 Mar 2012 #115
You sing it Brotha! mntleo2 Mar 2012 #114
As far as I gather, there was no trial. LisaL Mar 2012 #43
Correct, there was no trial because the Prosecutor gave up, said he couldn't win at trial Land Shark Mar 2012 #55
Since she plead not guilty by reason of insanity, I presume prosecutor LisaL Mar 2012 #57
You have a misunderstanding about insanity and criminal procedure Land Shark Mar 2012 #61
People can make pleas during arraignment LiberalEsto Mar 2012 #62
Right. But it happened on the previously set trial date Land Shark Mar 2012 #64
This message was self-deleted by its author chrisa Mar 2012 #60
K&R alfredo Mar 2012 #37
Thanks Alfredo, for the kick and rec. nt Land Shark Mar 2012 #108
It is so hard to find the right words. robinlynne Mar 2012 #40
Thank you robinlynne (it seems you found your "right words"); I appreciate it a lot! n/t Land Shark Mar 2012 #68
can't you guys leave the state? mimitabby Mar 2012 #46
Paul I have to say all the work that you and Andy Stevens have done to bring about change in our midnight Mar 2012 #47
Thanks for the compliment, tho I tend to doubt my work has anything to do with it Land Shark Mar 2012 #76
This reminds me of what happened to a nurse right after F-5 tornado hit Joplin, MO Bryn Mar 2012 #51
THANK YOU! Can't everyone just accept that sometimes true tragedies occur, like that nurse? Land Shark Mar 2012 #58
My ex-husband used to sleep-walk. One night loudsue Mar 2012 #52
When I was in college... rbnyc Mar 2012 #59
Thanks for the example. I mean this in the nicest way: that's insane! Land Shark Mar 2012 #63
I too have seen sleep walking with my own two eyes. mmonk Mar 2012 #75
My mom, my brother and I have all sleepwalked. EFerrari Mar 2012 #82
How did you feel when you found yourself there? mmonk Mar 2012 #86
I don't remember. EFerrari Mar 2012 #87
You have a beautiful little girl varelse Mar 2012 #65
Thank you so much. She needs a mom & her mom Made her more than I Land Shark Mar 2012 #79
This is disturbing on so many levels. I can't imagine how you've had the strength to handle lib_wit_it Mar 2012 #66
Thank you for this good example and your thoughts Land Shark Mar 2012 #67
I'm so sorry your family is going through this. It must be very difficult. GardeningGal Mar 2012 #69
Thanks so much for your thoughts and offer here Land Shark Mar 2012 #74
I'm so sorry for what your family has been through magical thyme Mar 2012 #70
Thanks (and here's an example of the Kafkaesque nightmare you mention) Land Shark Mar 2012 #77
I am deeply sorry your families plight. I do have one question... EmeraldCityGrl Mar 2012 #71
trying to give a fair OVERALL impression here (read OP as a WHOLE) Land Shark Mar 2012 #72
Thank you. n/t EmeraldCityGrl Mar 2012 #73
Don't you mean, "Thank you, and I apologize for asking you a question, the answer to which I would lib_wit_it Mar 2012 #78
I don't know Paul and EmeraldCityGrl Mar 2012 #80
You know a little more now! :) Land Shark Mar 2012 #83
Thanks for proving my point, again. I clearly explained the problem, and your failure to grasp lib_wit_it Mar 2012 #88
I'm not aghast because I have dealt with the police and the state EFerrari Mar 2012 #81
I can see why you can relate based on the examples you give upthread Land Shark Mar 2012 #94
I'm still trying to figure out what kind of recovery is possible. EFerrari Mar 2012 #96
Thanks for this example of making it through (mostly) Land Shark Mar 2012 #97
Nami mdmc Mar 2012 #99
I'm sure they would have other roughly similar stories like those in the reply thread. nt Land Shark Mar 2012 #107
Kicking so I can come back later. Devil_Fish Mar 2012 #100
Thanks, and feel free to PM with questions, or ask them here. Land Shark Mar 2012 #103
kick 2 Much Tribulation Mar 2012 #104
"spacey and entirely sweet. She had nary a mean bone in her body or soul." Land Shark Mar 2012 #109
Family means the world. Devil_Fish Mar 2012 #111
Yes, and the world should be a family, too. Land Shark Mar 2012 #119
What a nightmare. Could moving to another state help? Liberty Belle Mar 2012 #112
There's more to the story than meets the eye here, Land Shark Mar 2012 #116
a late k and r nashville_brook Mar 2012 #123
kick 2 Much Tribulation Mar 2012 #126
Thank you for the welcome back, Paul. Joe Chi Minh Mar 2015 #127
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