安魂曲
[个人文集]
加入时间: 2004/02/14
文章: 12787
经验值: 0
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作者：安魂曲 在 罕见奇谈 发贴, 来自 http://www.hjclub.org
这个法官真的很厉害，这一说法如果被强制执行，将可以保证贺家夫妇及其支持者募集的任何捐款余额，最后都归小贺梅所有，不至于被滥用。
从法官想到这点来分析，这位法官显然是彻底对贺家夫妇不信任。
http://www.commercialappeal.com/mca/local_news/article/0,1426,MCA_437_2887402,00.html
No bias, says Anna Mae judge
By Shirley Downing
May 15, 2004
Circuit Court Judge Robert 'Butch' Childers defended
his controversial ruling in the Anna Mae He custody
decision Friday. The judge said the case was the most
difficult of his 20-year judicial career.
"A judgment must be rendered based on the law and the
evidence," Childers said in a tersely spoken statement
from the bench. "A judgment must be rendered without
bias, prejudice or sympathy."
Childers has been criticized from some quarters for
the ruling Wednesday that terminated the parental
rights of Anna Mae's birth parents, Shaoqiang 'Jack'
and Qin Luo 'Casey' He. The Hes, both Chinese
nationals, have waged a four-year battle for the
return of their 5-year-old daughter from suburban
foster parents Jerry and Louise Baker.
The Hes' attorneys said they will appeal, possibly
seeking an expedited hearing before the Tennessee
Supreme Court.
In a related matter Friday, Childers also asked one of
the attorneys in the case to determine how much money
has been collected in Anna Mae's name. At least two
funds have been set up by supporters of the Hes and
the Bakers to raise money for court costs.
Childers said he believes any money raised in the
girl's name belongs to her.
The Hes were under financial and legal stress in early
1999 when they voluntarily gave the Bakers legal
custody of their daughter. The Hes contend the
arrangement was temporary but the Bakers said there
was an unspoken agreement that let them keep the girl
until 18. The Bakers now seek to adopt.
In his ruling, Childers painted the Hes as cheats and
frauds, and said Casey He, who often sobbed when
testifying about the loss of her daughter, was
motivated by a desire to avoid deportation. Childers
rejected virtually all the testimony from the Hes and
supportive witnesses while accepting the Bakers'
argument.
The case had been widely publicized in the national
media over the past year. The Hes claimed they were
unwitting victims of a wealthy couple who had stolen
their daughter with the help of well-paid lawyers and
compliant courts.
The Bakers maintain they rescued a baby from parents
of questionable character and mental stability, and a
life of possible hardship in China, or worse. The
Bakers say the Hes, who visited more than 80 times
over the first two years, really didn't want Anna Mae.
The Hes had never been judged neglectful or abusive
until Childers's ruling declared them "unfit."
Childers's ruling has been discussed on television,
talk radio, the Internet and in the legal community.
The Chinese Embassy in Washington said it is
disappointed and vowed to keep a close eye on the
case.
"We're very concerned,'' Grace Yoo, executive director
of the National Asian Pacific American Bar Association
in Washington, said Friday afternoon. The organization
represents about 40,000 Asian-Pacific attorneys,
judges and law professors in the United States.
Yoo said the ruling "did not give a full picture. I
can say I was a bit surprised at the tone of his
opinion. I am positive that there will be an appeal
and we will be watching this very closely."
Memphis Area Legal Services litigation director Webb
Brewer said he was "shocked" by the ruling and
"surprised" at Childers's reaction to the backlash.
"The world was watching," Brewer said of the 10-day
trial this spring.
During the trial, Childers kept his head bowed as he
typed into a computer. He seldom made lengthy
comments, and was always pleasant and polite to
attorneys and witnesses.
His comments Friday came at the end of a brief hearing
on the indigent issue. The judge looked out at a
courtroom half filled with lawyers and clients
awaiting appearances on various cases. There were only
a few reporters in the room.
He noted the case had generated considerable
publicity. He said he decided to allow a camera in the
courtroom at the beginning of the trial "to make this
proceeding as transparent as possible within the
bounds of the law."
Ordinarily, such hearings are closed by law, and
adoption and related records are sealed, Childers
said.
"The court feels it is very important that the public
have confidence in the court system and that is why
the court made the decision to allow a camera inside
the courtroom," he said.
In other matters Friday, Childers told Linda Holmes,
the court-appointed guardian's attorney, to
investigate various funds using Anna Mae's name.
Holmes had asked the judge to declare Anna Mae
indigent so the state would pay for transcripts. She
estimated the costs could run $40,000 to $50,000,
along with related charges.
"The court has questions . . . whether the ward is
indeed indigent," Childers said.
He said it appears any funds raised in Anna Mae's name
are her property.
A private, nonprofit foundation governed by a
five-member board has been collecting funds in the
girl's name to pay related legal costs for the Hes. As
of a few weeks ago, Holmes said, the foundation had
collected about $17,500.
The Bakers also have set up a bank fund to collect
donations to help defray costs.
作者：安魂曲 在 罕见奇谈 发贴, 来自 http://www.hjclub.org |
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贺梅案法官事后认为所有以“帮助贺梅”名义募集的捐款都应属于贺梅^-^
