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D.A. and Wife Getting Sweetheart Deals in Alleged Nasty Child Abuse Case

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commentary by Patrick H. Moore

We all know what the term “double standard” means, and none of us like it, unless, perchance, we may be the ones getting the sweetheart deal because the double standard “breaks” in our direction.

I don’t want to overstate the case but there’s a nasty child abuse case out of Franklin Park, PA in which in which a former Pennsylvania prosecutor and his better half may both be getting sweetheart deals. The former prosecutor, Douglas Barbour, and his wife, Kristen Barbour, adopted two Ethiopian children in March of 2012, who they may then have systematically abused. Here is what the alleged abuse consisted of according to a June 23rd AP online article:

barb7The Franklin Park couple was charged in October 2012 when the boy was 6 and found to be malnourished, and the girl was 18 months old and found to have several multiple head fractures in various stages of healing. Kristen Barbour allegedly told doctors the toddler often banged her head accidentally, but a doctor told investigators the child’s injuries were consistent with abuse.

barbThe couple adopted the children in March 2012 and doctors found evidence of abuse when the boy was treated for an infection that September. The boy weighed 37.5 pounds, nearly 10 pounds less than when he had been adopted, and told investigators he was forced to eat meals in the bathroom or stand alone in there when it was dark whenever he urinated or defecated in his pants. The girl’s injuries have not been explained.

Based on the above evidence, I would suggest that the alleged abuse was very serious indeed. I mean: “multiple head fractures in various states of healing…Muy horrible! And why have the “girl’s injuries not been explained”? Very possibly, either Douglas or Kristen, or both, were cracking the little girl’s head into an unforgiving surface. And how could you do this to a little girl barely entering the toddler stage?

barb10With respect to the mistreatment of the boy, consider this: You are adopted by the allegedly magnanimous Americans who are going to give you a new life far superior to what you had experienced in your native land. Naturally, it would be a dramatic adjustment in the best of circumstances. In any event, for whatever reason, you begin to have “bathroom accidents.” This is an area I know little about (though I’m sure I had a few of them when I was a child). I suppose that if my child developed this problem, I would seek some form of professional help. It could be something as simple as talking to my child’s pediatrician, who would certainly be familiar with this problem and could easily outline possible solutions and, if he or she was worth their salt, would certainly stress the need for patience.

barb8Clearly, the bizarre decision to make the little boy (who was clearly failing to thrive based on his dramatic weight loss) eat in the bathroom, and stand there alone in the dark when he had an accident, was a very poor solution to what can be a difficult problem. And as we all know, psychological abuse can be every bit as damaging as physical abuse.
Let’s see what the professionals handling the case have to say:

The Allegheny County Deputy District Attorney Jennifer DiGiovanni told the judge on Monday that the couple did reach out seeking help from experts, including a doctor with expertise in foreign adoptions. When they didn’t like the advice that was forthcoming, however, the Barbours balked because they “were unwilling to change their parenting style.”

“The doctor advised the defendants to be more flexible and change their routine and accommodate” the boy, DiGiovanni said. “Both defendants balked at this advice. ‘That’s not the way we do it. That’s not the rules in our house.’”

barb2Yeah baby! Did you ever stop to think that “the rules in (y)our house” might be dead wrong? No of course, not, because you know all about parenting. That’s why the wee little Ethiopian girl has “multiple head fractures in various states of healing”, and that’s why the boy, who should have been gaining weight, aided by a high-calorie American died, lost slightly over 20 per cent of his body weight in approximately six months.

Sorry! I’m so damned mad that I keep interrupting the professionals.

Douglas Barbour’s defense attorney, Charles Porter, weighs in as follows:

“It appears this simply became a situation that was overwhelming. These are good people.”

Kristen Barbour’s defense attorney, Robert Stewart adds:

“They tried to do something wonderful to provide a better life for these kids. This wasn’t an act of malice.”

barb3Well, although I’m choking on the words, this is what defense attorneys are required to do – soft peddle the reality of the criminal conduct in a manner designed to gain a soft landing for their clients.

Now comes the truly scary part:

Common Pleas Judge Jeffrey Manning stated at the hearing:

“It seems to me this started out as a significant act of charity gone awry. I see no evidence of malice here.”
Cracking the wee tot’s head into a hard surface on repeated occasions is not an act of malice? What is it then? Rational disciplinary action to straighten out an 18-month old child? Tough love? Vomitus vomitus!

barb6Of course, I’ve got nary a shred of proof that either Mumsy or Poopsie is guilty of the above heinous act, and herein lies the genius of a guilty plea, or in this case a plea of no contest, this key issue will never be adjudicated. It will very likely be ignored.

It is noted that the Barbours had two biological children, ages 2 and 4 at the time charges were brought, who were found not to have been abused. They temporarily lost custody of these children but regained custody of them approximately six months later. They have permanently surrendered all parental rights to the Ethiopian children who are now in protective custody.

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Before closing, I would be remiss to not briefly address the legal aspects of the case. The AP writes:

A former Pennsylvania prosecutor and his wife pleaded no contest Monday to endangering the welfare of two adopted Ethiopian children after child welfare officials found the boy had been underfed and the girl physically abused.

barb4Douglas Barbour, 34, who resigned from the attorney general’s office last year, pleaded to misdemeanor counts and will receive probation when he’s sentenced in a few months. His wife, Kristen Barbour, 32, pleaded to felony counts of the same charges and could face prison time, though her attorney, Robert Stewart, said he’ll argue she also should get probation.

So, although there’s no guarantee that Kristen Barbour will not receive jail or prison time, based on the judge’s remarks, she may very well also escape with probation, or possibly a suspended sentence with no time in custody

It is noted that the no contest pleas have the same effect as guilty pleas, in that they are considered convictions. But they also mean that the defendants haven’t acknowledged any guilt, only that they’re not contesting the allegations.

Grrrrr…

 


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