Lawyers for nine transgender women say the laws cause them to be outed, leading to harassment and abuse. An Illinois House committee approved a bill late Tuesday that would ease the harsh penalties in the Illinois retail theft law. But amidst opposition from Illinois retailers, members of the House Judiciary — Criminal Committee agreed to consider amending the reform effort before moving it to the full House.
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An Illinois appellate panel has overturned a murder conviction, finding that Chicago police detectives had coerced the confession of the defendant. A south suburban Cook County firefighter was acquitted of committing arson on a bar he owned. The defense contended that the state had brought a false case, and contended the investigator had expressed racial comments in the past to the defendant. Illinois appellate judges uphold an armed robbery conviction, overturn a gun conviction.
In both cases, judges spar over the need to protect public safety against the need to protect against unlawful convictions and flawed evidence. The prosecutor in that case, who downplayed the importance of that session and allegedly sought to keep it secret, is now an Indiana judge. The trial prosecutor did not reveal that he had subjected the victim to hypnosis to win a positive identification; in fact, the federal appeals court wrote in its opinion last week, the prosecutor deliberately sought to conceal that fact.
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Support our work by making a donation today. Subscribe Go. News Decades after alleged torture by police: Years more wait to have cases resolved By Abigail Blachman September 11, The number of defendants seeking review of their claims that they were tortured into confessing now numbers more than From age seven to fifteen she was a resident of the Belchertown State School, a facility for the mentally handicapped.
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From age fifteen to the time when Abigail was born, the mother's life was characterized by a series of moves, acute alcoholism, drug abuse, and intermittent encounters with the law. Often she was assaultive and suicidal. Her relationship with the biological father was on and off. At the time of Abigail's birth, the mother had moved in with another man. In , the mother made a connection with a family then resident in Burlington, Vermont, which we shall refer to as the Bee family.
She lived with the Bees in and again in , when she became pregnant. That relationship becomes important in the case because with the Bees the mother's life became less self-destructive and, indeed, comparatively stable. It is easy to exaggerate that stability. Trial and appellate counsel for the mother they are not the same have understandably done so.
In , the Bees moved to New Hampshire when the mother was eight months pregnant and she moved to Greenfield. In December, , the mother moved back with the Bee family. That lasted for the better part of a year, but in March, , one month before the court hearing, the mother was not living with the Bee family; she was staying with the biological father and his teenage girl friend.
In attempting to make her case for assuming full legal responsibility for Abigail, the mother gave voice to an expectation that the members of the Bee family would backstop her in coping with Abigail's unusual problems. The probate judge was pessimistic about the prospects.
The Bees, he found, had troubles of their own: Mr. Bee had undergone six major operations within a recent period; Mrs. Bee's father had just had his remaining leg amputated; and their ten year old son was handicapped and had special needs. There were positive signs. The mother had held a job in a diner.
She had brought her drinking and drug abuse under control and, when with the Bees, she was able to contribute to the care of the Bee children, preparing meals, getting them off to school and so forth. If the question were simply one of the mother's limited intelligence, matched with a child of normal needs, there might not be a lawful basis for the radical step of terminating the link between natural mother and child.
Mental retardation of a parent is not of itself a ground for terminating parental rights. Petition of the Dept. For a mental weakness to be relevant, "there must be a showing that it has a bearing on the parent's fitness or on the child's well-being. We think the judge's findings make the necessary link between the mother's handicaps and her ability to raise Abigail. The child's medication, for example, requires that she receive, at the correct times, half-doses of phenobarbital twice daily and Dilantin thrice daily. There are the speech and physical reinforcement exercises.
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Those activities require concentration and orderliness which cannot reasonably be expected of someone with the mother's limited abilities. It may be, as the mother testified, "I got my act together" and that "[m]y past is my past.
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Nothing in the record suggests that the mother was able to acquire habits of precision. The following segment from the mother's direct examination illustrates the vague ideas she had about her child's specific needs. Two clinical psychologists who had worked with the mother independently gave it as their opinion that the mother would.
raybanshop.optikasiloe.eu/components/where-is/301.php The manner in which the parental fitness test and the best interests of the child test are to be applied as cognate and connected has been much discussed in the cases. Compendia of the authorities appear in Petitions of the Dept. On the record before him, the probate judge was well warranted in concluding that the mother's deficits, matched with Abigail's deficits, would put the child's welfare greatly at hazard. We think that counsel unfairly characterizes the judge's finding of unfitness as based on the mother's history, rather than the present state and future.
A past pattern of behavior is, in any event, not irrelevant; it has prognostic value. In addition, the judge made findings about the mother's current mental capacity, her emotional state, and the components of instability which were still present in the mother's life. For those findings there was record support in the testimony of six social workers, two clinical psychologists, two therapists and Abigail's guardian ad litem, who was asked to report on the child's best interests.
The testimony of Jean Thompson, a service coordinator for the "Franklin County Service," and Michele Reiter, the manager of the Berkshire Unit of Northampton State Hospital, did not compel a contrary conclusion, even were we to assume that the judge had accepted it without reservation, which he was not, of course, bound to do. We think similarly unconvincing the mother's argument that the department failed to exert sufficient efforts to hold the biological mother and her child together. Granted, to attempt, reasonably, to maintain the biological ties was the department's duty.
See G. Section 1. Our view of the record is that it reflects an early objective to hold the family together and an abandonment of that objective, which was reasonable in the circumstances. The original removal of Abigail at age sixteen days from her mother's custody was provoked by crisis. The mother at that time could not cope with child care at all. Indeed, she did such impulsive and dangerous things as removing a monitor from the infant while the child was in the hospital and attempting to take the baby out of the hospital.
There was evidence that the mother denied the existence of Abigail's handicaps and said that all children have cerebral palsy. She rejected counseling from the department, often declined to tell the department her whereabouts and, on one occasion, in a fit of ire, vandalized her social worker's car. Nevertheless, the department maintained contact with the mother and arranged for visitation with her child. Nothing occurred prior to the end of which could be said to have encouraged the department to think that the mother, assuming support from professionals, could handle the demanding tasks and techniques we have described.
In view of the circumstances the department came upon at Abigail's birth and when, in May, , she was placed under the care and protection see G. The mother's counsel urges that the department persisted in prejudging the mother as unfit. As we read the record, the agency judgments were after-the-fact; i.
The mother argues for the first time on appeal that her low intelligence establishes her as a handicapped person who may bring to bear article of the Amendments to the Massachusetts Constitution, approved in , which provides:. As applied to her case, the mother's argument runs, the department must devise programs which compensate for the mother's deficits.
We need not, and in this case do not, consider constitutional questions not raised and developed in the record below. See and compare Petition of the Dept. The Probate Court judge did not improperly weigh the bond which had obviously been established between Abigail and the foster home in which she had been placed as a newborn and in which she has lived since. It is apparent to us that the focus of the judge's finding is that the mother did "not have the ability or capacity to assume parental responsibility. Sacco and Dr. Karson, both clinical psychologists, examined and tested the mother.
Their written reports, as well as their testimony, were received in evidence without objection by the mother's counsel. The patient-psychotherapist privilege conferred by G. No effort was made to do so, and the privilege issue cannot now be raised as a second thought of appellate counsel.