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.
April 21st, 2003 at 5:29 am
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.
April 21st, 2003 at 4:01 pm
“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 !
April 21st, 2003 at 8:05 pm
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.
April 21st, 2003 at 8:24 pm
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
April 23rd, 2003 at 9:17 pm
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
case.
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
Observer.
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
December 11th, 2003 at 12:31 pm
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.
December 19th, 2004 at 2:17 am
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.
Cliona