GUILTY (and apparently, a leper)
NOT GUILTY (Isn't that the chick from DS9 and Becker?)
Posted on 12/15/2008 1:02:16 PM PST by SmithL
A Knox County judge today ordered Erin McLean jailed for 95 days for what he contended were 17 acts of contempt - more time behind bars than her husband received in the March 2007 shooting death of her 18-year-old lover.
Fourth Circuit Court Judge Bill Swann imposed a 10-day sentence for each of the violations, stacking one on top of the other for a total of 170 days. He suspended 75 of those days, however.
"Court orders have to be followed," Swann told Erin McLean. "That has to have consequences."
Swann faulted McLean for repeatedly invoking her Fifth Amendment right against self-incrimination at today's hearing. "Her silence does not help," Swann said.
Swann deemed Erin McLean guilty of keeping her sons away from father Eric McLean despite an order by Swann filed in February giving him equal parenting time.
He also found her guilty of contacting the boys after the judge had ordered both parents in October to have no contact absent approval from a child psychologist and Swann himself.
(Excerpt) Read more at knoxnews.com ...
The Fifth Amendment only applies in criminal matters.
Divorce is a civil matter.
Dayumn
“She was doing the guy repeatedly in the marital home. The kid absolutely new she was married. The husband told the kid to stay away and the kid sat out front of the house in his car and basically told the husband to go F himself, which then precipitated the demise of said kid. He had it coming.”
In Texas we call that the “he needed killin” defense. Works better than the insanity plea.
And self incrimination in a civil case can lead to trial in a criminal case. Still applies if revealing the information would cause self-incrimination unless the judge+DA want to grant blanket immunity. Shouldn't it?
What crime is she charged with, or in danger of being charged with, related to the testimony she refused to give, in a pending child custody/visitation case?
None. The 5th Amendment does not protect you from being forced to give testimony that makes you look stupid, costs you a lot of money, or gets you jailed for contempt of court for violating an order giving your soon to be ex-husband partial custody of your child. There is zero constitutional issue here. You just have a woman who violated a court order, and refused to provide answers about that violation court.
GUILTY (and apparently, a leper)
NOT GUILTY (Isn't that the chick from DS9 and Becker?)
The difference is that taking the 5th Amendment is only effective in criminal proceedings and it looks like this was a civil proceeding.
Colonel, USAFR
Who do you pray to? This is one wicked lady... you can pray to forgive trespasses against you, but if not against you, one must pray for justice.
You can forgive a debt owed to you, but not one owed to your neighbor. If your friend owes you $100 dollars, you can cancel that debt if you like; however, if your friend owes me $100, you have no such authority to cancel that debt. You can forgive a sin against you, but not a sin against your neighbor. Only God has authority to forgive a murderer and even He will not forgive the unrepentant murderer.
She’s disturbed.
If it is a civil case, she has to answer in most cases. If she objectively thinks she may have some potential criminal liability, she is wise to stay silent without a grant of immunity.
murderer = sinner in my last post
If it were my house the word "yourself" wouldn't have made it out of his mouth because my fist would be propelling it into his spleen.
L
Ping to post 7
Correct. One can only plead the fifth if the information requested could lead to a criminal prosecution, which would typically not be the case in a divorce or child custody case.
LOL. That's basically what happened. The kid argued that the gun fired accidentally. Under this factual scenario it was a lot easier for the jury to understand how the gun could have "accidentally" been fired.
That's always been my take on it too.
BTW-good tag line, and the answer is NOW.
You asked a question and then you answered it.
I think I would much rather be known by my kids as the guy who shot the guy who was screwing their mother rather than as the guy who shot their mother.
"The Fifth Amendment 'can be asserted in any proceeding, civil or criminal, "
http://www.lectlaw.com/def/f083.htm
Not that I'm trying to defend what this woman did (far from it!), but the law is the law.
If she was not held in contempt for repeated 5th Amendment use, what is the contempt charge?
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