The Child Protection eNewsletter

Supreme Court Could Revisit Death Penalty for Child Rape Decision… 

The Supreme Court is taking another look at one of last term's most controversial decisions, that it is unconstitutional to impose the death penalty on those who rape but do not kill children. ABC News story here

The highly unusual order from the court Monday stems from a glaring omission in the case:  Lawyers on both sides failed to realize, and therefore failed to inform the court, that Congress had passed a federal law authorizing the death penalty for child rape by military personnel.

The court is asking the parties on both sides, as well as lawyers for the Bush administration, to file court papers on whether a rehearing is required and whether the existence of that federal law should change its analysis of the case.  The briefs are due September 24.  A decision to rehear the case will take the votes of five justices under Supreme Court rules.

The case, called Kennedy v. Louisiana, was a closely divided opinion in which the court found that while the crime of raping a child is a "revulsion" to society, it does not merit the death penalty.  See  vol6_iss45 and vol6_iss49  for more on this story.

After the decision was released, Dwight Sullivan, an Air Force lawyer, wrote on his military law blog that there existed "a congressional statute expressly authorizing the death penalty for the rape of a child.  How come neither side in the Kennedy case even mentioned it?"

Caylee’s mom released again…  The mother of missing Florida toddler Caylee Anthony is out of jail–again.   FOX News story here

Casey Anthony was released Friday after posting her $500,000 bond.  She said nothing as her lawyer Jose Baez led her through a swarm of reporters and ushered her into a waiting SUV outside the Orange County Jail.  She wore an ankle monitor and a shirt with her daughter's photo on it.  See  vol6_iss55  and  vol6_iss49  for more on the background of this story.

"Significant levels" of chloroform were found in the car used by missing tot Caylee Anthony's mom Casey, MyFOXOrlando.com reported, citing sources close to the investigation.  FOX news story here

The significance of the find to the Caylee case is not clear, but sources said one of the computers taken from the Anthony home showed someone was searching for information on chloroform and how to use it, the TV station reported.  Chloroform, a solvent, once was used as an anesthetic, because inhaling the vapors depresses the central nervous system, though inhaling too much can be fatal.

A public relations firm hired by the attorney for Casey Anthony, mother of the missing toddler, confirmed that Casey has been offered money to tell her story, including one offer for $1 million.  The spokesperson added that the family will not entertain any of the offers.  My FOX Orlando story here

The media attention includes a Live Fox webcam on the Anthony family home  My FOX Orlando mobile cam link.

In other news… 

Child by child, Texas authorities are acknowledging that many of the children seized during a raid on a polygamist sect's ranch can safely live with their parents or guardians.  ABC News story here  Since the April 3 raid on the Yearning for Zion Ranch in Eldorado, 235 children's custody cases have been dropped, meaning fewer than half of the 440 children seized remain bound by a court order to stay in Texas, attend parenting classes or be available for unannounced visits by Child Protective Services.  CPS spokesman Patrick Crimmins said more cases are likely to be dropped but he was unsure how many.

The number of girls in poor countries who marry before the age of 18 will double to 100 million in the next decade, putting many at risk from AIDS, a report said last week.  ABC News story here  A global food crisis is making matters worse by pushing more families in the developing world to send young daughters into marriage to deal with poverty, the survey from humanitarian group World Vision found.  "Complications during childbearing and delivery are most common in this age set, significantly raising the risk of death, premature delivery, infant mortality and low birthweight," the report said.  An estimated 3,500 girls marry each day before their 15th birthday and another 21,000 do so before they are 18–figures the humanitarian group said would balloon in coming years.

A Georgia mother is in the Richmond County jail accused of trying to sell her baby.   NBC Augusta story here  Investigators say Amanda Johnson and Michael Jenkins, the father of the seven-month-old baby, were trying to use the child as a loan to support their drug addiction.  Witnesses say the baby’s parents and a drug dealer were smoking crack cocaine at the Augusta Lodge while the baby was in the room.  Deputies say witnesses overheard Johnson and her boyfriend making a deal with the drug dealer.  Johnson is charged with one count of cruelty to a child and reckless conduct.  Her seven-month-old is in state custody.  Investigators are still looking for the baby's father, Michael Jenkins, and the drug dealer.  Video link:  Mom accused of trying to sell baby for drugs

Police investigating claims that a Polish man imprisoned and raped his daughter were seeking DNA samples Tuesday from the two children she says he fathered.  MSNBC News story here  The 21-year-old woman told police she was held captive for six years and forced to give the two boys up for adoption.  Police were trying to find them to determine if the accused man is their father.  But neighbors say they often saw the woman outside the family’s home and that she was seen walking to a nearby store to buy food and hair dye.  She also attended church with her parents and younger brother.  The woman’s story bears some similarities to the case of Austrian Josef Fritzl, who confessed to holding his daughter in a cellar for 24 years, repeatedly sexually abusing her and fathering her seven children.

Oklahoma authorities uncovered a Midwest City High School student's alleged plot to kill his fellow students and teachers.  KWTV News 9 story here  The 15-year-old was taken from school to the Oklahoma County Juvenile Detention Center where he was arrested on complaints of conspiring to perform an act of violence involving serious bodily harm or death. "He was planning a threat to the school, and had plans, and also was sending some information through his MySpace account that associated him with hate groups," Chief Brandon Clabes said.  Police said the teen was making "terroristic threats" to other students and staff at the school in the Oklahoma City suburb and the student had access to weapons in his home.  Authorities said the teen was touting his plan to other students on campus, one of whom came forward with the news.

The owner and managers of the nation's largest kosher meatpacking plant were charged with more than 9,000 misdemeanors alleging they hired minors and had children younger than 16 handle dangerous equipment such as circular saws and meat grinders.  FOX News story here  Two employees were also charged in federal court.  The state and federal charges are the first against operators of the Agriprocessors plant in Postville, where nearly 400 illegal immigrant workers were arrested in May in one of the largest immigration raids in U.S. history.  The complaint filed by the Iowa attorney general's office said the violations involved 32 illegal-immigrant children under age 18, including seven who were younger than 16.  Aside from handling dangerous equipment, the complaint says children were exposed to dangerous chemicals such as chlorine solutions and dry ice.

The body of a toddler found in the trunk of his mother's car may have been there for months as she drove around town, evaded questions about him and was even arrested, police said.  AP News story here  The mother, Summer ManyWhiteHorses, was charged with deliberate homicide.  Authorities say the body of her 2-year-old son, James, was found Friday in the trunk of her car–more than six weeks after it was towed to a wrecking yard when she was arrested.  Deputy County Attorney Joel Thompson said authorities have yet to determine how or when the boy died.  An autopsy is being conducted. According to court records, ManyWhiteHorses told police the boy's death was an accident, and that she placed his body in the car's trunk on May 29.

The popular social networking Web site Facebook has agreed to test replacing its own link for reporting abuse with a bigger one developed by the New Jersey Attorney General's Office.  AP News story here  Under the agreement, Facebook will display a "Report Abuse!" icon on a small fraction of its pages that display videos instead of its own link for reporting objectionable material.  Users that find offensive material may click on the icon to receive safety tips, a place to report the user to Facebook and the option to block the offender.  The test will involve at least 1.5 million randomly-selected page impressions over the next six months.  One of the world's most popular Web sites, Facebook served 3.65 billion ad views in the U.S. in June, according to Reston, Virginia-based Web measurement firm comScore, Inc.  See more at  vol5_iss80  and  vol6_iss36.  For information on what parents need to know about Facebook, MySpace and other social networking sites visit Child Protection Guide vol1_iss25.

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