Naples Man Cleared of Child Abuse for Spanking Teen Daughter

AP ^ | August 7, 2003 | Associated Press

[LiberalSlayer99]

Naples Man Cleared of Child Abuse for Spanking Teen Daughter

NAPLES, Fla. (AP) - A 43-year-old man has been acquitted of child abuse for spanking his teenage daughter with a belt. A jury took less than an hour Wednesday to find William O'Brien, of Naples, innocent of felony child abuse.

"I'm happy with the outcome," O'Brien said after hugging his wife and 14-year-old daughter.

O'Brien said he swatted his daughter, who was 13 at the time, once with a belt in May 2002 after she cursed at her mother.

O'Brien said he ordered his daughter to her room and warned her not to come out or he would spank her. After she stormed out of her room and slammed the door, he said he hit her once with a belt.

School friends talked the teen into reporting what happened the next day. She told a school nurse, who reported the incident to case workers with the state Department of Children & Families, O'Brien said.

O'Brien, a financial consultant, was arrested six months later.

Although prosecutors offered to reduce the charge to a misdemeanor, O'Brien said he felt compelled to fight the felony charge that carries a maximum five-year prison sentence and a $5,000 fine.

"I certainly think to not fight this would have set a bad precedent for parents trying to raise children in today's times," he said.

Defense attorney Donald Day said "the state did more harm to this child than the spanking ever did" by charging O'Brien and insisting on a jury trial.

Assistant State Attorney Steve Maresca said the state didn't think it could get a conviction without a jury trial. He also stood by the charge.

"Should you be able to leave a mark on a child that lasts a week?" he asked.

[LiberalSlayer99]

Nice outcome. Isn't it great that the state wants to prevent parents from disciplining their children, by charging a parent when he does? Ironic how the state will defend the parental rights of so many BAD parents (i.e. drug addicts, real abusers), while going after someone that disciplines their child.

I was spanked a few times with the belt when I was a kid...and I turned out ok. It definitely kept me in line. I've never bought into the time-out only theory. Some times you need the stick as well as the carrot.

I think I've spanked my son (bare-handed), 3-4 times in his life (he's 9 and it's been 2 years since the last time I had to spank him)...all I have to do now is give him a look. A lotta love and a little fear of being disciplined does wonders.

[LiteKeeper]

"Spare the rod, spoil the child."

I read that somewhere.

[steplock]

BRAVO to the FATHER!

The dayghter now deserves another SPANKING!

The school needs to be sued out of existance so everyone can properly HOME-school their own children.

The prosecutor need to be FIRED

etc etc etc

[moyden2000]

Gestapo thugs.

[trebb]

"Spare the rod, spoil the child."
I read that somewhere.

I think it's part of NAMBLA's charter.

[ctlpdad]

[LiberalSlayer99]

BRAVO to the FATHER!

I'm just glad he had the stones to NOT accept the plea bargin...and fight the issue. As he said, it would have created a bad precedent.

[ctlpdad]

Try that again

[tbpiper]

Although prosecutors offered to reduce the charge to a misdemeanor

Here in Florida we have a 'justice industry' instead of a 'justice system' wherein the chief goal seems not to be justice, but career enhancing conviction rates. Of course the prostituter offered to reduce the charge, a conviction is a conviction and a little one is as good as a big one when you're counting beans for a resume.

Assistant State Attorney Steve Maresca...also stood by the charge.

Naturally. He didn't want to make the obvious 'I was a damn fool' admission.

"Should you be able to leave a mark on a child that lasts a week?" he asked.

Hell yes, if that's what it takes. I don't think the prosecuter has ever had the 'joy' of raising a rebellious daughter. I never believed in child abuse...until I had kids (just joking).

[Orangedog]

I've never bought into the time-out only theory.

We didn't have "time-out" when I was a kid...we had "knock-out." Throwing a tantrum at the grocery store or mall was NOT an option.

[lilylangtree]

I was spanked by my parents to keep me in line. I spanked my son either with my hand or the wooden "spanking spoon." We're both doing fine. BTW, the phrase "spare the rod and spoil the child" is biblical. Remember reading it there possibly in Proverbs.

[Orangedog]

Here in Florida we have a 'justice industry' instead of a 'justice system'

Sounds a lot like the divorce industry....but don't get me started on that....

[Lucas McCain]

Bill O'Brien is a friend of mine. We discussed the case last night at church. He told me that the prosecutor offered five separate deals to get Bill to plea guilty. Bill said "no way" against the advice of his own attorney. Bill believed strongly that he was fighting for a principle, and for the right of every parent to disciple their children.

By the way, his daughter, who is now fifteen was in the high school Bible class I taught last night. She happily announced to the class that her Dad was "not guilty."

[vin-one]

"Should you be able to leave a mark on a child that lasts a week?" he asked.

this made me laugh, my dad left a huge mark on my rear/hip.
and he said you must have moved, that is what caused the mark......

[Amazon Anne]

You are a sick, sick puppy! Did you look like that when your daddy came home? Get therapy!!!

[Paradox]

I hate spanking and other forms of physical punishment. But I also realize that sometimes, it may be neccessary. My mother (bless her heart, she had 7 children and stuggled as a parent), at times, smacked me real good and chased me around the house with a shoe in hand. And I well deserved it, each and every time. She at times, spanked ALL of us kids, and today, every single one of us is a law abiding, moral citizen (well, even though they ARE democrats, but I digress).

On the other hand, shouldn't there be some kind of limit, and if so, where do we draw the line?

[Sloth]

She was pretty dumb to tell the school nurse anything.

[ctlpdad]

Did you sign up today just to give me s4it?

Go back to DU.

Besides, it's a friggin joke. Lighten up looser!

[lepton]

Here in Florida we have a 'justice industry' instead of a 'justice system' wherein the chief goal seems not to be justice, but career enhancing conviction rates. Of course the prostituter offered to reduce the charge, a conviction is a conviction and a little one is as good as a big one when you're counting beans for a resume.

As I recall, Janet Reno had a conviction rate of less than 3% when you counted original charges.

[I still care]

"School friends talked the teen into reporting what happened the next day. She told a school nurse, who reported the incident to case workers with the state Department of Children & Families, O'Brien said."

Some friends this girl has. "Go turn your dad in because he smacked you because you cursed your mom out."

"Defense attorney Donald Day said "the state did more harm to this child than the spanking ever did" by charging O'Brien and insisting on a jury trial."

Having dealt with false charges of child abuse, yes, in FL, I can tell you this is the worst part of it. You hate the system so much, they come in and tear your family up in order to protect your family? Doesn't make a drop of sense.

Look at it this way, if a family man has to pay a $5000 fine, who do you think would have had to make do on less? That's right, the daughter wouldn't have gone to camp, or had new clothes for the school year, etc.