Judge throws woman & 2 kids in jail for refusing to testify against husband

[Ban Hammer 13,333]

CASTLE ROCK, WA — In a domestic violence case, a judge made an unexpected decision to jail the victims, while the accused abuser was released. The innocent family was shackled and chained until they agreed to testify against their family member.

In an incident back in April, Joel Darvell, 36, allegedly choked his wife while drunk, causing his son to tackle him and stop the assault. Darvell allegedly pistol-whipped his son and then fired a .45 caliber round into the wall of their home. No injuries were sustained. Darvell was charged with assault and assault with a firearm.

Prosecutors moved forward with a trial, but Darvell’s wife and children — a 17-year-old son and a 13-year-old daughter — all refused to testify.

Cowlitz County Superior Court Judge Michael Evans did not respect their decision to remain silent. All 3 alleged victims were dragged away by deputies after the judge held them in contempt of court.

In some kind of irony, while Joel Darvell was released on bail, his family was arrested and put in jail.

Both minors were taken to a juvenile detention center, where they were held in cuffs and shackles. They were separated from their mother and treated like criminals.

Their reason for refusing was unclear at first, but John Hays, who is representing Darvell’s wife, offered some insight.

“This has been extraordinarily hard on the mother and the two children,” Hays said to TDN.com. “The prosecutor wants to put the defendant in prison for over 20 years, and (his family members) really do not want that.”

Typically spouses are usually protected from having to testify against each other, but Hays said that an exception is made when one of their children is a crime victim.

After 48 hours of imprisonment, the 13-year-old girl was brought into court wearing shackles around her ankles, handcuffs, and sweats issued at the detention center. The judge had broken her will and she agreed to testify against her father.

The son and mother were treated in the same humiliating manner and were made to agree — under duress — to testify as well. The judge warned them that if they changed their minds he would jail them again.

“To have two minors put into custody is a pretty drastic way to try and resolve the situation,” said attorney Kevin Blondin, who is representing Darvell’s son, adding that he’s never seen a judge throw victims jail for refusing to testify.

Darvell could face 20 years in prison for the drunken incident. His trial is scheduled for this week.

The bullying of family members into testifying is really shameful behavior coming from a judge. Witnesses should always have a right to remain silent. Testimony should never be coerced under threat of imprisonment.

http://www.policestateusa.com/2013/judge-throws-woman-2-kids-in-jail-for-refusing-to-testify-against-husband/

[TBoneTX 45,267]

Good grief...

[Danno 1,228]

Is this more Blue-state madness?

[del-2-5-2014 1,339]

For the love of God, what is going on in this land?

Judgy needs a new line of work.

[Crashed~N2~Me 970]

1) & if the next time = Dad puts a bullet in mom's head...every1 would be calling to lynch the judge.

2) I'm guessing this ain't the 1st time judge has seen dad. Regardless = See #1.

3) No1 talking about recourse...Police State = I'm not surprised by the judge's actions. All these rules set up to protect us? Allz good until we see some of them applied. Can't have it both ways...can we?

[Danno 1,228]

-The original Jack Sparrow?

-The most awkward duet?

[Mr. Big Dog 10,747]

policestateusa.com.

I'm buying more Alcoa shares.

[Janelle2002 3,865]

Good decision by the judge!!!

If he sends the whole family back home the dad will just kill them all anyway. This way, the mother and the kids will have time to think about not wanting to testify and they will be safe.

I hope they get a good psychologist while they are in there. Most women and children always think it is their fault they are getting abused. Maybe someone will help them see it is not them but the man.

Domestic violence is the leading cause of women between the ages of 14-44.

[Mr. Big Dog 10,747]

Good decision by the judge!!!

If he sends the whole family back home the dad will just kill them all anyway. This way, the mother and the kids will have time to think about not wanting to testify and they will be safe.

I hope they get a good psychologist while they are in there. Most women and children always think it is their fault they are getting abused. Maybe someone will help them see it is not them but the man.

Domestic violence is the leading cause of women between the ages of 14-44.

Exactly. When reading this piece of garbage blogpost, I seriously wonder whether an actual wife beater wrote that.

Wife beating cheers getting posted on a family oriented immigration website - by a moderator no less - is somewhat disturbing.

[Janelle2002 3,865]

Exactly. When reading this piece of garbage blogpost, I seriously wonder whether an actual wife beater wrote that.

Wife beating cheers getting posted on a family oriented immigration website - by a moderator no less - is somewhat disturbing.

I agree with you!!!!! Has to be, this is extremely disturbing no one sees the good the judge did for this family!

[natty bumppo 297]

After 48 hours of imprisonment, the 13-year-old girl was brought into court wearing shackles around her ankles, handcuffs, and sweats issued at the detention center. The judge had broken her will and she agreed to testify against her father.

The son and mother were treated in the same humiliating manner and were made to agree — under duress — to testify as well. The judge warned them that if they changed their minds he would jail them again.

it's always good to "encourage" a testimony

gives the appeals process something solid to work with for an overturn.

[Mr. Big Dog 10,747]

it's always good to "encourage" a testimony

gives the appeals process something solid to work with for an overturn.

That's good, right? Because wife beaters shouldn't be convicted in the first place. Those are their wives and they should be able to do with them as they please, right?

Edited October 14, 2013 by Mr. Big Dog

[Janelle2002 3,865]

it's always good to "encourage" a testimony

gives the appeals process something solid to work with for an overturn.

It wasn't under duress, or "encouraged," the judge gave them quiet time in a nice and quiet place for them to think about their lives and futures because if they went back home they would have none!

[natty bumppo 297]

That's good, tight? Because wife beaters shouldn't be convicted in the first place. Those are their wives and they should be able to do with them as they please, right?

prosecute legally within the law. do it right and an appeal will go nowhere.

publically play outside the law to get the conviction and the appeal will be next. the testimony will be questioned as the ones providing did not "freely" provide. The victims were placed in jail (punished) until they gave the story the judge wanted to hear. the lawyers will win and the taxpayers will need to pay more funds at the appeal.

wifebeaters have a special place in the hades. this guy appears to have a reservation.

[Mr. Big Dog 10,747]

prosecute legally within the law. do it right and an appeal will go nowhere.

publically play outside the law to get the conviction and the appeal will be next. the testimony will be questioned as the ones providing did not "freely" provide. The victims were placed in jail (punished) until they gave the story the judge wanted to hear. the lawyers will win and the taxpayers will need to pay more funds at the appeal.

wifebeaters have a special place in the hades. this guy appears to have a reservation.

The victims were witnesses who were found to be in contempt of the court. That earns you a visit to the judicial facilities. That wife beater of a husband and father belongs behind bars. Period. He should not be roaming the streets and he should not be given the opportunity to further injure or even kill his wife and children. The latter is precisely what was bound to happen had the judge not done what he did.

Edited October 14, 2013 by Mr. Big Dog