Boy Who Fled Country With Teacher May Get Visa to Return to U.S.

[no name 1]

Front page of cnn.com....time will tell INDEED.

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OMAHA, Nebraska (AP) -- The attorney for a Nebraska middle school teacher who fled to Mexico with a student who was an illegal immigrant said Monday that the woman could be guilty of nothing except poor judgment.

James Martin Davis said that a kidnapping charge against Kelsey Peterson should be dropped because the boy went with her willingly, and that the boy shares more responsibility for their relationship and flight than authorities allege.

Peterson, 25, fled Lexington with the boy, a former student of hers, on October 26. They were found in a mall parking lot in the border town of Mexicali, Mexico, on November 2.

"It's my understanding he was grooming her and she wasn't grooming him," Davis said.

"I see true victims every day," he added. "This young man is no victim."

Davis also suggested that the boy -- who authorities say is 13 -- may actually be 16 or older -- too old for a state statutory rape count to apply.

"The information I have is that he might be older," said Davis, declining to elaborate. "The kid is sophisticated. He shaves, he has a mustache. I'll be requesting his original birth certificate from the Mexican consulate. I think he had one here, but I don't know if anyone vouched for its authenticity."

A prosecutor and a relative of the boy rejected Davis' claims.

"Mr. Davis can allege what he wants. I've seen the birth certificate, and he's 13," Dawson County Attorney Elizabeth Waterman said.

"He'll be 14 in January," Laura Rodriguez, the boy's aunt, said in a phone interview. The birth certificate was issued in Mexico, she said.

As for the boy not being the victim, Rodriguez said of Peterson, "She started up with him when he was 12. She was 24. How could that happen?"

Peterson faces a federal charge of crossing state lines to have sex with a minor, which is punishable by 10 years to life in prison and a $250,000 fine. A judge denied bail for her last week.

She also has been charged in Dawson County with felony counts of kidnapping and child abuse and contributing to the delinquency of a minor.

Peterson was recently moved from a federal detention center in El Centro, California, to one in San Diego and will be returned to Nebraska in seven to 21 days, Davis said.

"She understands what she did, and that she didn't exercise the best judgment in leaving," Davis said. "I'm not trying to exonerate Kelsey. I want to make sure she's treated fairly."

Davis declined to say whether Peterson told him she and the boy had sex. The boy, in an interview with The Associated Press last week, said they had sex twice.

The boy also said that it was Peterson's idea to go to Mexico, but that he went along with it to see relatives and to get away from his problems.

The boy remains in Mexico because of his immigration status but might be able to return to Nebraska, at least temporarily, if he is granted a "U" visa. The visas are used to encourage illegal immigrants to report crimes against them.

"To prove their case, they have to have him come back here," Davis said. "They're going to have to cut him some deal to have him testify. In exchange for the promise of bringing him into the country, he may be anxious to please them and do what they say."

Davis said the federal charge against Peterson shouldn't stand because she fled to Mexico not to have sex, but "to flee what was happening in Lexington."

Shortly before Peterson and the boy left, she had been put on paid leave while school officials investigated complaints about their relationship.

Edited November 13, 2007 by devilette

[Ban Hammer 13,445]

a 13 year old that shaves?

[Trumplestiltskin 5,791]

I think Allegedly is the operative word at this point - Hard to say anything for sure.

[Nessa 23]

[Dan J 277]

a 13 year old that shaves?

Its not that unlikely, some guys hit puberty really early. But he wont be shaving that much yet even if he is.

[Peikko 1,575]

Here's the thing. As Lisa pointed out, sex crimes, such as rape are incredibly difficult to make stick, always. The defense council is going to paint the victim as at best a willing 'victim', at worst a conniving individual who far from being a victim is controlling and manipulative and the perpetrator is the true victim.

Naturally as this is a sex crime case the defense is going to start slinging mud fudging the age, alleging that it was not kidnap, that the sex was consensual etc etc, that's their job. Add to the already difficult task of trying to prove a sex crime, the illegal immigrant angle and the questionable legitimacy of obtaining a U visa and you ratchet up the difficulty many times over.

At the end of the day, I believe everyone would like to see justice done, in this case, as in all cases. No one wants people to be able to 'use' the system for their own ends. Every time someone call foul when there is no foul the legitimate cases are made ever more difficult to prosecute and ever less likely to be brought before a jury.

This is perhaps why we should all perhaps exercise some caution when making judgments of guilt or innocence when one is not in a position to know the facts.

My feeling is that this kid, be he 13 or 16 has been used. Whether he was more abused by the teacher or used by some family members time will of course tell but to somehow believe that the boy himself came up with a ruse to dupe everyone, from forging birth certificates to seducing a teacher in order to become a legitimate citizen, well, I think that's stretching credulity to its absolute limits.

[no name 1]

Here's the thing. As Lisa pointed out, sex crimes, such as rape are incredibly difficult to make stick, always. The defense council is going to paint the victim as at best a willing 'victim', at worst a conniving individual who far from being a victim is controlling and manipulative and the perpetrator is the true victim.

Naturally as this is a sex crime case the defense is going to start slinging mud fudging the age, alleging that it was not kidnap, that the sex was consensual etc etc, that's their job. Add to the already difficult task of trying to prove a sex crime, the illegal immigrant angle and the questionable legitimacy of obtaining a U visa and you ratchet up the difficulty many times over.

At the end of the day, I believe everyone would like to see justice done, in this case, as in all cases. No one wants people to be able to 'use' the system for their own ends. Every time someone call foul when there is no foul the legitimate cases are made ever more difficult to prosecute and ever less likely to be brought before a jury.

This is perhaps why we should all perhaps exercise some caution when making judgments of guilt or innocence when one is not in a position to know the facts.

My feeling is that this kid, be he 13 or 16 has been used. Whether he was more abused by the teacher or used by some family members time will of course tell but to somehow believe that the boy himself came up with a ruse to dupe everyone, from forging birth certificates to seducing a teacher in order to become a legitimate citizen, well, I think that's stretching credulity to its absolute limits.

There's no way he could possibly be a conniving, smart individual (in your world), is there? He's a victim, plain & simple.

[Peikko 1,575]

What I said was, that although that is a possibility, it's the least likely scenario. However, if you wish to believe that's the most likely scenario, go right ahead.

Just out of interest, why do you want so badly for this to be a case of fraud, a kid manipulating the system?

My reason for hoping that this is a legitimate case isn't because I somehow want the illegal immigrants to get 'one over' on USC"s, but a natural desire to see perpetrators of sex crimes prosecuted no matter who the victim is. That's not to say I want a case to be proved even if the 'alleged perpetrator is innocent. I just hope to see justice.

[MaRob 0]

Regardless if the boy was coniving, innocent, taken advantage of, or taking advantage of someone else, the teacher knows full well that it is illegal to have sex with a minor. It should not matter if he was begging her for sex or a relationship, whatever, she should have had the brains to know that it is illegal and to stay out any compromising situations. So I really don't feel sorry for the teacher. However, I also don't think it is grounds to give permanent residency to the boy and his whole family. Give him the U visa for as long as the case requires, and then send him back to Mexico...

[Ban Hammer 13,445]

Regardless if the boy was coniving, innocent, taken advantage of, or taking advantage of someone else, the teacher knows full well that it is illegal to have sex with a minor. It should not matter if he was begging her for sex or a relationship, whatever, she should have had the brains to know that it is illegal and to stay out any compromising situations. So I really don't feel sorry for the teacher. However, I also don't think it is grounds to give permanent residency to the boy and his whole family. Give him the U visa for as long as the case requires, and then send him back to Mexico...

that's what i'm thinking.

[no name 1]

Regardless if the boy was coniving, innocent, taken advantage of, or taking advantage of someone else, the teacher knows full well that it is illegal to have sex with a minor. It should not matter if he was begging her for sex or a relationship, whatever, she should have had the brains to know that it is illegal and to stay out any compromising situations. So I really don't feel sorry for the teacher. However, I also don't think it is grounds to give permanent residency to the boy and his whole family. Give him the U visa for as long as the case requires, and then send him back to Mexico...

that's what i'm thinking.

[Dan J 277]

Regardless if the boy was coniving, innocent, taken advantage of, or taking advantage of someone else, the teacher knows full well that it is illegal to have sex with a minor. It should not matter if he was begging her for sex or a relationship, whatever, she should have had the brains to know that it is illegal and to stay out any compromising situations. So I really don't feel sorry for the teacher. However, I also don't think it is grounds to give permanent residency to the boy and his whole family. Give him the U visa for as long as the case requires, and then send him back to Mexico...

Without an option for permanent residency, there is zero incentive for the boy to help in this trial. Without his cooperation, its unlikely the teacher will face any punishment for her actions.

[Trumplestiltskin 5,791]

Regardless if the boy was coniving, innocent, taken advantage of, or taking advantage of someone else, the teacher knows full well that it is illegal to have sex with a minor. It should not matter if he was begging her for sex or a relationship, whatever, she should have had the brains to know that it is illegal and to stay out any compromising situations. So I really don't feel sorry for the teacher. However, I also don't think it is grounds to give permanent residency to the boy and his whole family. Give him the U visa for as long as the case requires, and then send him back to Mexico...

Without an option for permanent residency, there is zero incentive for the boy to help in this trial. Without his cooperation, its unlikely the teacher will face any punishment for her actions.

Also they kind of have to give him something otherwise he would have a simple, practical problem of getting back into the country.

[MaRob 0]

Regardless if the boy was coniving, innocent, taken advantage of, or taking advantage of someone else, the teacher knows full well that it is illegal to have sex with a minor. It should not matter if he was begging her for sex or a relationship, whatever, she should have had the brains to know that it is illegal and to stay out any compromising situations. So I really don't feel sorry for the teacher. However, I also don't think it is grounds to give permanent residency to the boy and his whole family. Give him the U visa for as long as the case requires, and then send him back to Mexico...

Without an option for permanent residency, there is zero incentive for the boy to help in this trial. Without his cooperation, its unlikely the teacher will face any punishment for her actions.

From Devilette's article above

The boy remains in Mexico because of his immigration status but might be able to return to Nebraska, at least temporarily, if he is granted a "U" visa. The visas are used to encourage illegal immigrants to report crimes against them.

"To prove their case, they have to have him come back here," Davis said. "They're going to have to cut him some deal to have him testify. In exchange for the promise of bringing him into the country, he may be anxious to please them and do what they say."

They are promising him that he can come back into the country for some more time, not that he and his family can remain here forever.

[Ban Hammer 13,445]

Regardless if the boy was coniving, innocent, taken advantage of, or taking advantage of someone else, the teacher knows full well that it is illegal to have sex with a minor. It should not matter if he was begging her for sex or a relationship, whatever, she should have had the brains to know that it is illegal and to stay out any compromising situations. So I really don't feel sorry for the teacher. However, I also don't think it is grounds to give permanent residency to the boy and his whole family. Give him the U visa for as long as the case requires, and then send him back to Mexico...

Without an option for permanent residency, there is zero incentive for the boy to help in this trial. Without his cooperation, its unlikely the teacher will face any punishment for her actions.

so given that, should i get a reward for calling in a crime that does not affect me?

i guess civic duty is an unknown concept to illegals......