molecularfire
11-23-2002, 03:11 PM
Thanks to student for e-mailing me this story (although sorry, but she didn't e-mail me the link). :)
LANSING, Mich. Nov. 22 — The Michigan Court of Appeals has dismissed a charge of child abandonment against a man who attempted to sell his infant daughter.
In a 2-1 decision, the appeals court said the actions of Lawrence Schaub were "repugnant" but didn't meet the legal requirements for child abandonment because Schaub didn't intentionally expose his daughter to physical harm.
Prosecutors said Schaub, now 32, made a videotape of his 10-month-old daughter Savannah, labeled it "The Most Beautiful Baby in the World" and used it to market the girl to prospective parents for $10,000.
In March 2000, Schaub met with a Chesterfield Township detective who was posing as a real estate broker seeking a baby for his son and daughter-in-law.
After Schaub allegedly agreed to sell the girl for $60,000, he was arrested and charged with child abandonment, a felony punishable by up to 10 years in prison.
A district court judge dismissed the charge but a circuit court judge reversed that decision and reinstated the charge.
The appeals court decision, released Monday, relied on an 1858 ruling by the Michigan Supreme Court, which said people can only be charged with felony child abandonment if they leave the child at risk of personal injury.
The appeals court said Schaub asked few questions about the moral and financial background of the family he planned to sell his daughter to. But it concluded his actions weren't a felony.
"There is no basis on which to find that the child would be left without care, putting the child at risk of personal injury from abandonment," judges Richard Griffin and Joel Hoekstra said in their majority opinion.
Judge Peter O'Connell dissented.
"Common sense dictates that anyone who delivers an infant to a total stranger with the intent to totally abandon the infant puts her at risk of being subject to numerous unknown dangers," O'Connell said.
The court left open the possibility of charging Schaub with a common law felony, which would be punishable by up to five years in prison and a $10,000 fine.
Because of the Schaub case, the Michigan Legislature passed a law making it illegal to buy or sell people. But that law, which provides a punishment of up to 20 years in prison and a $100,000 fine, can't be applied to Schaub retroactively.
Schaub's mother was granted custody of Savannah and her son's two other children. The infant's mother, Idora Schaub, pleaded no contest to charges of child neglect.
Earlier this fall, Schaub pleaded guilty to misdemeanor charges in an unrelated robbery case and was sentenced to 90 days in jail.
Some people shouldn't be allowed to procreate.
:(
LANSING, Mich. Nov. 22 — The Michigan Court of Appeals has dismissed a charge of child abandonment against a man who attempted to sell his infant daughter.
In a 2-1 decision, the appeals court said the actions of Lawrence Schaub were "repugnant" but didn't meet the legal requirements for child abandonment because Schaub didn't intentionally expose his daughter to physical harm.
Prosecutors said Schaub, now 32, made a videotape of his 10-month-old daughter Savannah, labeled it "The Most Beautiful Baby in the World" and used it to market the girl to prospective parents for $10,000.
In March 2000, Schaub met with a Chesterfield Township detective who was posing as a real estate broker seeking a baby for his son and daughter-in-law.
After Schaub allegedly agreed to sell the girl for $60,000, he was arrested and charged with child abandonment, a felony punishable by up to 10 years in prison.
A district court judge dismissed the charge but a circuit court judge reversed that decision and reinstated the charge.
The appeals court decision, released Monday, relied on an 1858 ruling by the Michigan Supreme Court, which said people can only be charged with felony child abandonment if they leave the child at risk of personal injury.
The appeals court said Schaub asked few questions about the moral and financial background of the family he planned to sell his daughter to. But it concluded his actions weren't a felony.
"There is no basis on which to find that the child would be left without care, putting the child at risk of personal injury from abandonment," judges Richard Griffin and Joel Hoekstra said in their majority opinion.
Judge Peter O'Connell dissented.
"Common sense dictates that anyone who delivers an infant to a total stranger with the intent to totally abandon the infant puts her at risk of being subject to numerous unknown dangers," O'Connell said.
The court left open the possibility of charging Schaub with a common law felony, which would be punishable by up to five years in prison and a $10,000 fine.
Because of the Schaub case, the Michigan Legislature passed a law making it illegal to buy or sell people. But that law, which provides a punishment of up to 20 years in prison and a $100,000 fine, can't be applied to Schaub retroactively.
Schaub's mother was granted custody of Savannah and her son's two other children. The infant's mother, Idora Schaub, pleaded no contest to charges of child neglect.
Earlier this fall, Schaub pleaded guilty to misdemeanor charges in an unrelated robbery case and was sentenced to 90 days in jail.
Some people shouldn't be allowed to procreate.
:(