An outrageous case of discrimination: UPDATE 4

For those of you unfamiliar with this case, you’ll find the backstory here, here, here and here (in that order). What we’re about to go through is the latest pile of crap emanating from the mouths of their persecutors. Let’s dig in:

A Clovis woman, facing an incest charge with an adult child, will be allowed to have contact with her 5- and 6-year-old children, a judge ruled on Tuesday.

Well I should bloody well hope so! Tearing a loving family apart like this and separating a mother from her children is cruel to all concerned.

Monica Mares, 36, and Caleb Peterson, 19, face up to three years in prison and a $5,000 fine if convicted of incest charges, which is a third-degree felony.

Which, I’ll say it again, is outrageous. This couple was not harming anybody by their relationship. Why waste police time and money on an unnecessary and cruel prosecution?

A trial has been slated for August.

Again, what a waste of money. Go after some REAL criminals would you, you know, the ones that leave behind actual victims.

But during a hearing on Tuesday, Mares’ attorney, Brett Carter, and Mares petitioned Judge Drew Tatum to allow the conditions of her release be amended so she could have contact with her younger children.

She should be allowed contact with ALL of her children, including Caleb who she had a GSA relationship with. Better yet, why should this be a legal matter at all?

“During arraignment, my client was in custody and wanted to address the conditions of release,” Carter said in addressing Tatum. “One of the conditions of release was that she have no contact with two of her children. One is 5 and one is 6 (years old). The two children were not called to testify during the grand jury hearing, they both have speech impediments and we don’t believe they have anything to add to the case. All we ask is that the conditions be modified so she can see her 5- and 6-year-old children. The children miss their mother.”

Of course they miss their mother, they should never have been separated from her. Even more to the point, will the ages of her kids be taken into consideration if she is convicted and sentenced, and their need for their mother? I doubt it. This trial has the potential to punish not only Monica and Caleb, but the whole family including FOUR INNOCENT CHILDREN. Does that sound right or fair to you? Think about that.

Mares, who is free on bond, pleaded with Tatum to again be in her children’s lives.

“Your honor, I really want my kids back,” she said. “My mom is keeping my 5- and 6-year-old.”

Testimony also showed Mares has two other children, age 13 and 14.

She should never have been separated with any of them. All of this because the state does not approve of her love life. How sick and sad it is that this couple are being treated so disgracefully. This makes me angry.

Ninth Judicial District Assistant District Attorney Leah Hutchins argued against Mares contacting her younger children:

“We ask that the no-contact order remain,” she said. “For one, the nature of the charges. Initially, Ms. Mares had problems following the conditions of her release anyway, as she was ordered to have no contact with the co-defendant and showed up in magistrate court with the co-defendant. Both of their bonds, I believe, were revoked at that time.

“Additionally, the notes from Mrs. (Andrea) Reeb (district attorney) says the kids could definitely be included as witnesses per the police report. For those reasons the state is asking the no-contact remain.”

So, the prosecution argued that she should NOT get to see her kids because OF THE NATURE OF THE CHARGES? So…. that means that they believe that she is about to molest her young ones because she had a consensual relationship with her ADULT child from whom she was separated? Make no mistake, that is the sick and twisted implication here… and they are DEAD WRONG. This is prejudice and assumptions at work.

Oh, and about the release terms violation, if I recall correctly, that is because they WEREN’T ACTUALLY TOLD TO HAVE NO CONTACT, and then they were re-arrested when they did. You cannot follow an instruction you are not given.

“I am going to allow contact with the 5- and 6-year-old,” Tatum ruled, “but let me be absolutely clear about the concerns the state has about you (Mares) following the conditions of your release.

“You need to know these rules and if you don’t follow them, I will revoke your bond, put you back in jail and you will have no contact with any of your family. These are not suggestions, these are rules. You’re not to have any contact with the co-defendant. You have contact with the 5- and 6-year-old, but you will not discuss the case with them in any way. If you do, I will revoke your bond and put you right back in jail.”

This is pure insanity. They can prevent her from having any contact with her family if she is banged up…. surely that is a human rights violation. If it isn’t, it should be. As for the states touching concern for these young children… I don’t feel it, do you? This is the ranting of a broken system, one that needs repairing, and quickly.

Additionally, Tatum said in accordance with conditions of her release, Mares cannot leave Curry or Roosevelt County, consume alcohol or any illegal drugs and must be present for all hearings.

Not leaving the county… understandable, not taking illegal drugs…. a given…. not consuming alcohol? Why the hell not? It’s not like a couple of glasses of wine is going to do any harm. After the stress this must be putting her through she deserves a drink, on the house.

Ladies and gentlemen, this is what you call a pointless prosecution borne from a deep seated prejudice enshrined into law. This is hateful, this is persecution, this is bigotry of the worst kind. Monica, if you’re out there reading this, know that you and your son have supporters and allies out here who will blog for you… I for one am following your case.