Federal grand jury indictes a former Delaware man on abduction charges

[rmakielski]

http://www.delawareonline.com/article/20111216/NEWS/111216023/Dad-indicted-abduction-3-kids
"A federal grand jury has indicted a former Delaware man on charges he abducted his three children six years ago to obstruct the parental custody rights of their mother.

Benjamin John Soliman Defensor 3rd, 39, was charged with international parental kidnapping for taking his three children to the Philippines in May 2005.

Defensor is believed to still be living in the Philippines with the children, the oldest of whom is now over 18 years old.

“Individuals who illegally remove children from the United States to thwart a parent’s legal custody rights are in violation of federal law,” said Charles Oberly III, U.S. Attorney for the District of Delaware.

If returned to the United States, Defensor could receive up to three years in prison on each of the three counts."

FBI Assistant Special Agent Leo Taddeo, of the Baltimore Division, said the indictment and arrest warrant is a special step toward returning Defensor to this country to face charges.

 In a statement, Taddeo said that the FBI will continue working with Interpol and its international partners on the case."


Six years for an indictment? Is this the Norm?

[BringJusticeHome]

I do not understand why this was posted on that news site, and made public. Any halfway intelligent person would not come back to America if they knew they would be arrested. So in a sense whoever decided to post this in the news has in fact helped the abductor. I'm not sure what the U.S's relationship with the Philippines is in regards to returning this man. Hopefully they will work with the U.S authorities, but if not this news site just helped this man and informed him to never come back to America..

[BringJusticeHome]

Six years for an indictment? Is this the Norm?

^^^ It means nothing if this man never comes back to America..

[StrngConviction]

well , in any form , it may have been the person that filed charges didnt have enough information to press the charges . None of this stuff makes any sense . It may have taken her 6 years to get the courts to rule in her favor so she could involve interpol. no telling why it took so long. I agree though , making this public insured he wont be back. I am wondsering what the ages of the other two children are that are minors.

[BringJusticeHome]

This is why filing criminal charges against an abducting parent is not a good thing to do. If I were an abducting parenting and knew there were charges against me why would I come back. Why would anybody knowingly come back to a jail sentence, unless they really were sorry for what they did. Which most abducting parents are not. Sometimes the anger and frustration of what the other parent has done overcomes us with extreme hatred, and makes us want the other person to suffer. In all cases the best interest of our children should always be the number one priority.

[L.E.R.P.]

In all cases the best interest of our children should always be the number one priority.

 :yeahthat

[StrngConviction]

This is why filing criminal charges against an abducting parent is not a good thing to do. If I were an abducting parenting and knew there were charges against me why would I come back. Why would anybody knowingly come back to a jail sentence, unless they really were sorry for what they did. Which most abducting parents are not. Sometimes the anger and frustration of what the other parent has done overcomes us with extreme hatred, and makes us want the other person to suffer. In all cases the best interest of our children should always be the number one priority.

Even though it is agreed upon that charges may keep the abducting parent away if their home is across international borders , I also believe if they are stupid enough to abduct they are also stupid enough to try and come home if home is where they abducted the child from and should have charges pressed against them for it so they are picked up at first sighting . Just because you posted what they knew was inevitable doesnt mean they wont come back. Its like the dumb thief that gets caught coming back to the scene .

[StrngConviction]

In no way am i going to not press charges unless they return my child . and i refuse to take the blame for what they done wrong. The childs welfare is in my hands and will not let criminal behavior go on just because it is the other parent of my child. Thats like saying , I am not going to press charges  because if i do it makes me a bad parent. WTF??? your kidding me right?  of course this is said with all due respect .you might as well let them carry a sign that says " YOU TOO CAN GET AWAY WITH CHILD ABDUCTION"

[BringJusticeHome]

Of course they may be stupid enough and come back even knowing that this order is out there, people do the stupidest things. To keep myself at my best I try to think of the abducting parent as smarter then me. This keeps me on my tippy toes to always try and know their next move. I try put myself in their shoes and say if I was them what would I do, and If I were an abducting parent and knew that I would be arrested if I came back to America, I would not come back..

Yes but the only way to press charges is for them to come back to America. As a military veteran I've seen this government inside and out, and I do not trust the government and the legal system in our own country so I am definitely not going to trust a U.S Court Order in another country. So to me pressing charges against the abductor is a tough decision to make. To file these charges the Abducting parent has to already have left left the country with the child. Once you do this I do not know if you can take it back and then say I want to drop these charges. If the abducting parent comes back and you did not file these charges before they left then there is no way to file them now, because the abducting parent and child are now back in America and it is now a domestic case not international.

[StrngConviction]

     Each case is different for sure and you may not want to press charges .
i have ended up erasing five different para lol. i will let this rest BEFORE I INSERT FOOT.

[rmakielski]

As far as I know, a LBP cannot press charges in the state of Virginia. Only the police can conduct an investigation, which can result in charges filed under the State code. Federal charges require a grand jury indictment. If there was any type of high profile crime such as an murder or robbery these charges fly through the process.
If state charges are pending and no federal warrent, a abductor can travel between countries ( with your children) without worry. If federal charges apply it can result in several options which may lead an arrest and extradition. As I see it a federal warrent gives the LBP more options including leverage in a Hague case. In my experience OCI encouraged me ask investigators to hold off on the process. I believe this an advantage to the State Departments agenda more than anything else.
When the return rate is less than 50% a LBP can use anything that would encourage a prompt return of their children.

[StrngConviction]

NOBODY in any case can have charges brought against anyone for anything unless they are working in a state or federal capacity. We can however PRESS these officials in their capacity to do so. How do we do this , , we show them factual evidence of a crime. And i totally agree with you rmakielski , it would help in almost any case . I have an NCIC # on my son as I believe anyone on this site would suggest you should . i dont think you can get one unless there has been a crime committed , maybe but i wouldnt think so.