Children Taken from Couple Over Breast-Feeding Photo

Hiro brought this one to my attention. A couple living in a Dallas suburb have had their children taken away from them because they took a snapshot of one of the children breastfeeding with the mother. It really boggles the mind: 1-hour arrest.

7 Responses to “Children Taken from Couple Over Breast-Feeding Photo”

  1. a_stupid_box Says:

    Whoa, that’s nuts. My family has tons of pictures of my little brother an I in nothing but our birthday suits in our pre-walking years. A few of my mother breast-feeding as well.

    In fact, a few years ago my family put up a collage of all the baby pictures we had — and honestly more than half were naked. My brother, myself, and our parents. It was more a comical/reflective piece to remind us of our innocense and our roots. Whenever anyone looks at it they get a bit red in the face, but it’s one of those things that reinforces the idea that you’re all family. If I ever have kids (and it’s okay with their mother) I intend to add their pictures, clothing or none.

    People wonder why I have a problem with Texans, and every year, without fail, they give me something to point to.

  2. Himbi Says:

    “Congratulations” to your Taliban Regime in Texas !

    It just shows how degenerate authorities across the U.S. have become, all the way up to the top !

  3. ymatt Says:

    If it makes anyone feel any better, Texas resident ymatt has written an upset letter to the Richardson Police Department. We’ll see if I get a response.

  4. a_stupid_box Says:

    Sorry, but you don’t count, ymatt — it’s obvious from the fact that you can write that you’re not originally from texas. :D

  5. ymatt Says:

    By the way, here’s the response to the email I sent to the Richardson Police Department. Not _completely_ satisfying, but certainly it seems like a whole lot of review was done before the couple was arrested. The Dallas Observer isn’t actually the most reputable paper around, so it doesn’t entirely surprise me that they might exaggerate a bit.

    Thank you for your note to Officer Spigelmyer regarding this case, as it

    allows me to provide some additional information that I believe you should

    be aware of. Facts to keep in mind are:

    This was not based on a single photo, but on nine.Three of which

    included the two adults nude on a bunkbed.

    The nude photos of the adults are obviously sexual in nature. Taken then

    in totality with the pictures of the nude children, made for a stronger


    The so called breast feeding photograph, very grainy, poor quality in

    the Observer was actually a very clear color photgraph. The mother is on

    her knees, the child is standing and “feeding” off the left breast. The

    child is 1 year of age and by the parent’s own admission, had not breast

    fed since he was two months old.

    We did not rush to judgement in this case. We followed established

    referral procedures in response to an outside individual/business (clerk

    at the Eckerds photo lab) who was concerned enough to call the police.

    No arrest was made on the initial call. The photos were seized and a

    report made. A Richardson Police Detective reviewed the report and the

    photos and conferred with Child Protective Services. CPS made a review

    and the next day made the case a “priority one” and requested our

    assistance in removing the children.

    A judge viewed the evidence and supported the CPS decision.

    RPD found other nude photos at the home (e.g. child nude on beach) and

    did not believe that they constituted child pornography. In other words

    a nude photograph in and of itself is not immediatley labeled as

    pornography. However, the original nine taken in totality made what we

    believed was a case that met the requirements of the statute. Also we

    asked the residents if they had other photographs and did not “toss”

    their home as the Observer stated to obtain them.

    We conferred with the District Attorney’s Office and they believed this

    case met the requirements of the statute.

    At this point no arrests were made but we believed and the D.A. agreed

    we had probable cause.This being the case we then referred this matter

    to the Dallas County Grand Jury (a cross section of citizens from all of

    Dallas County) who reviewed the evidence and agreed it met the

    requirements of the statute.

    After these series of checks and balances had taken place Ms. Mercardo

    and Mr. Fernandez were arrested.

    The D.A. then dropped the case after they were contacted by the Dallas


    When a citizen makes a complaint about such a sensitive issue as child

    pornography/child abuse, we have to be very careful in how we respond. Does

    society want only the police to investigate such issues. No, this is the

    resemblance of a police state. Our officers have to be very careful

    regarding the amount of discretion they exercise in such matters. The

    officers in this incident, in taking all the known facts at the time,

    believed it in the best interest to pursue additional information before

    proceding further. Therefore, we called upon other social and legal

    agencies to review and assist. The Richardson Police Department in so

    doing, has been both responsive and responsible to our community. I hope

    this information has been helpful.

    Danny Martin

    Sergeant-Public Information Officer

    Richardson Police Department

  6. Elizabeth Says:

    All that information included in the police response was actually in the Dallas Observer article. I don’t think the article exaggerated at all; I think this case is absolutely outrageous.

  7. Cliona Says:

    This is incredible! A child feeding at it’s mother’s breast. What could be more normal? Thankfully I live in the free world and not in the US.


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