DA will not prosecute my son's abusers! I need Help!

[Tamara Brewer]

What is the name of your state (only U.S. law)? Ca

For reasons unknown, the DA has not prosecuted my son's abusers and I need advise on how to make this happen. My son was horribly abused both physically and emotionally by his Stepmother and Father. When CPS conducted an investigation, they found all the allegations of abuse to be true. Both the Stepmother and Father admitted to all of the allegations. It was established that the Stepmother had committed the majority of the abuse, however the Father was just as guilty for not protecting his child. My son was removed from their house, put in foster care and the court has ruled that he be returned to my care with no contact with the father or stepmother. I am happy with that decision, but what disturbs me is that these two people broke the law by committing a crime against a child, as well as Assault and Battery, False Imprisonment, Destruction of Personal Property, Emotional Battery, Failure to Provide and Protect, yet no criminal charges were ever filed against them. Even with their documented admissions of guilt, they have not been made to be held accountable for their actions. I have written numerous letters to DA. requesting criminal charges be filed, but he has failed to contact me personally and has only forwarded my letters on to a Supervisor at Child Welfare Services. In turn, she called and informed me that their Dept. does not handle charging people with criminal acts; it was the duty of law enforcement.
I therefore contacted the Sheriff's Dept. and the Detective Division who investigated the case as well as the CPS Case Worker. They all agreed my ex-husband and the Stepmother should have been charged with these crimes, however, there wasn't anything more they could do because it was the DA's responsibility to pursue charges.
So now that I've been given the run around and back to square one, you can see my frustration. I can not let these people get away with what they did to my son. Due to the fact that the law has never punished them for the way they treated him, my son is in fear that they are free to do it again and will get away with it. These people need to be prosecuted to show that this type of abusive behavior is against the law, will not be tolerated and will be punished by the full extent of the law. Any advise on how I can get the DA to prosecute so that I can put my son's fears to rest and let justice be served?.

T.BWhat is the name of your state (only U.S. law)?

[CdwJava]

Originally Posted by Tamara Brewer

For reasons unknown, the DA has not prosecuted my son's abusers and I need advise on how to make this happen.

The first thing to understand is that the DA has absolute discretion as to whether he can prosecute a case or not. NO ONE can MAKE him prosecute a case at all. No one.

Second, the DA has to prove a case beyond a reasonable doubt in a court. That is NOT all that easy even if you think it is. Very often what you "know" and what the police and the DA might "know" is not the same as what they can prove. If you know something happened, but cannot prove it, you're sunk. If the defense can cast doubt an a piece of evidence or version of events, the case becomes difficult to prove.

I am happy with that decision, but what disturbs me is that these two people broke the law by committing a crime against a child, as well as Assault and Battery, False Imprisonment, Destruction of Personal Property, Emotional Battery, Failure to Provide and Protect, yet no criminal charges were ever filed against them.

Note that CA does not have a crime of "emotional battery," and I am not sure what you mean by the "destruction of personal property." If they damaged someone else's property, that's vandalism. if they broke the kids property, that may not qualify. The rest of your claims can be rolled into a charge of child abuse or neglect which can be charged as a misdemeanor or a felony. In many instances, unless the offenses are particularly egregious and intentional, usually the courts prefer to provide counseling and treatment for the parents rather than prosecution anyway.

Even with their documented admissions of guilt, they have not been made to be held accountable for their actions.

You are certainly free to hire an attorney and sue the other parent on behalf of your children should you wish to do so.

You can also seek a restraining order preventing the father and stepmother from having contact with the children. That will address your concerns about the future welfare of the children.

I therefore contacted the Sheriff's Dept. and the Detective Division who investigated the case as well as the CPS Case Worker. They all agreed my ex-husband and the Stepmother should have been charged with these crimes, however, there wasn't anything more they could do because it was the DA's responsibility to pursue charges.

If the DA does not feel there is a case worth pursuing, or does not feel they can prove the elements of the crime(s) at trial, they do not have to pursue it.

Any advise on how I can get the DA to prosecute so that I can put my son's fears to rest and let justice be served?

All I can recommend is that you GO to the DA's office and ask to speak to someone in charge about the case. Ask why they will not pursue the matter. You may not like their answer, but, understand that the DA has absolute discretion and no one can force them to pursue a case they do not want to. You can beg, cajole, scream and yell, but you cannot make them prosecute the matter. Maybe if you bring a reporter with you to speak to the DA or his or her representative?

[Hot Topic]

why wasn't your son with you and not with those horrible people?