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Author Topic: Federal grand jury indictes a former Delaware man on abduction charges  (Read 6365 times)

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Offline rmakielski

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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?
I place the my children rights above my own; Children have the right to have a relationship with both parents; I stand against domestic violence and child abuse; The amicable return of Abducted children is the best solution; I will obey the laws of the United States

Offline BringJusticeHome

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Re: Federal grand jury indictes a former Delaware man on abduction charges
« Reply #1 on: December 16, 2011, 05:37:54 PM »
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..

Offline BringJusticeHome

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Re: Federal grand jury indictes a former Delaware man on abduction charges
« Reply #2 on: December 16, 2011, 05:39:31 PM »


Six years for an indictment? Is this the Norm?


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

Offline StrngConviction

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Re: Federal grand jury indictes a former Delaware man on abduction charges
« Reply #3 on: December 16, 2011, 05:42:12 PM »
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.
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Offline BringJusticeHome

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Re: Federal grand jury indictes a former Delaware man on abduction charges
« Reply #4 on: December 16, 2011, 06:27:52 PM »
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.

Offline L.E.R.P.

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Re: Federal grand jury indictes a former Delaware man on abduction charges
« Reply #5 on: December 16, 2011, 06:47:23 PM »
Quote
In all cases the best interest of our children should always be the number one priority.

 :yeahthat
Failure is not defined by attempts to change what is wrong back to what is right; failure is defined by accepting what is wrong and doing nothing to change it!   L.E.R.P.

Offline StrngConviction

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Re: Federal grand jury indictes a former Delaware man on abduction charges
« Reply #6 on: December 16, 2011, 06:53:05 PM »
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 .
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Offline StrngConviction

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Re: Federal grand jury indictes a former Delaware man on abduction charges
« Reply #7 on: December 16, 2011, 06:58:09 PM »
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"
« Last Edit: December 16, 2011, 07:01:03 PM by StrngConviction »
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Offline BringJusticeHome

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Re: Federal grand jury indictes a former Delaware man on abduction charges
« Reply #8 on: December 16, 2011, 07:37:18 PM »
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.

Offline StrngConviction

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Re: Federal grand jury indictes a former Delaware man on abduction charges
« Reply #9 on: December 16, 2011, 08:10:04 PM »
     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.
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Offline rmakielski

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Re: Federal grand jury indictes a former Delaware man on abduction charges
« Reply #10 on: December 16, 2011, 09:13:49 PM »
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.
I place the my children rights above my own; Children have the right to have a relationship with both parents; I stand against domestic violence and child abuse; The amicable return of Abducted children is the best solution; I will obey the laws of the United States

Offline StrngConviction

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Re: Federal grand jury indictes a former Delaware man on abduction charges
« Reply #11 on: December 16, 2011, 10:00:37 PM »
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.
Behind this smile is something only we LBP understand.
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Offline speider

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Re: Federal grand jury indictes a former Delaware man on abduction charges
« Reply #12 on: September 17, 2013, 09:47:35 AM »
Attached is the response to the allegations made against Mr. Defensor. Several similar articles are being posted against Mr. Defensor.
http://www.philstar.com/business/2013/07/03/960884/mailbox-no-kidnapping
 
 
[font=]We write on behalf of our client, Benjamin John S. Defensor, [/font]
 
[font=]We welcome this opportunity to answer the issues.[/font]
 
[font=]At the outset, contrary to the mandated tenets on responsible and fair journalism, it should be pointed out that Defensor was not afforded the opportunity to be heard on matters raised against him in the subject column. The statements are malicious and one-sided statements, and the writer made it generously convenient to unjustly malign our client, in clear transgression of his rights and interests.[/font]
 
[font=]There is definitely no kidnapping.[/font]
 
[font=]Defensor and his children being Filipino nationals, Philippine Laws have exclusive jurisdiction over their persons and family rights, to the absolute exclusion of any other foreign jurisdiction.[/font]
 
[font=]Under Article 15 of the Civil Code of the Philippines - “Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad”.[/font]
 
[font=]Consistent with the settled rule on jurisdiction relating to family rights and pursuant to the valid Philippine court issuances and legal processes (subpoena and custody order/decision), Defensor and his children simply submitted themselves to Philippine jurisdiction, with the end in view of resolving custody rights with finality.[/font]
 
[font=]On these legal premises, it cannot be said that Defensor has knowingly, willfully and feloniously committed international parental kidnapping and has no intention intention to commit a wrong other than the recognition of jurisdiction of the Philippine Laws and Judicial System over their persons.[/font]
 
[font=]The submission of the Defensor children under jurisdiction of the Philippine courts is nothing arbitrary and with legal justification on the part of  Defensor. It was done under legal and jurisdictional compulsion of Philippine Laws over his persons and that of his children.[/font]
 
[font=]As it now stands, the Regional Trial Court of Pasay City, Philippines, in the custody order/decision dated June 30, 2005, granted Mr. Defensor sole custody over his children, the dispositive portion of which reads:[/font]
 
[font=]“Wherefore, the herein petition is hereby granted. Accordingly sole custody and authority over his three minor children namely: Charles Adrian, Jhoane Audrey and Isabel, all surnamed Defensor are awarded the herein petitioner Mr. Benjamin John S. Defensor.[/font]
 
[font=]So ordered.”[/font]
 
[font=]Defensor cannot be a valid subject of extradition.[/font]
 
[font=]While international parental kidnapping is a statutory felony under the laws of the United States, the same is not recognized as a felony under Philippine criminal laws. As such, conflict of laws on the exercise of jurisdiction arises and extradition is not a recognized procedural remedy.[/font]
 
[font=]The US court cannot just unilaterally enforce an extradition against Defensor without first effecting a prior notice to the Philippine government and/or coordination with Philippine embassy or consulate’s office. It is then expected that our Philippine Embassy, further to its given mandate, will intervene to protect Defensor, anchored on jurisdictional issue and his constitutional rights. Defensor was merely following Philippine court orders.[/font]
 
[font=]In the final analysis, international parental kidnapping, not a recognized crime under Philippine criminal laws, is not an extraditable offense.[/font]
 
[font=]As for the perjury cases filed by his ex-wife, Defensor denies he committed perjury and will answer each point in court proceedings.[/font]
 
[font=]Defensor has not committed or has been convicted of any crime.[/font]
 
[font=]We express our deep concern on the timing and the reason of the column, considering that  the foregoing legal issues have long been judicially settled.[/font]
 
[font=]Facts – Defensor sent notice to his ex-wife and even offered to pay for the travel expenses of his ex-wife just so she can participate in the Philippine custody proceedings, which offer was refused without tender of any explanation.[/font]
 
[font=]When his ex-wife finally arrived in the Philippines many years ago, Defensor was utterly shocked on the discovery that his ex-wife was pregnant with another man’s child. Such revelation, when put to issue in the court proceedings, prompted his ex-wife to unceremoniously leave the Philippines.[/font]
 
[font=]After participating in Philippine court proceedings, his ex-wife pursued a custody case of their children in America to which Defensor could not participate and be properly represented because he lives in the Philippines and he is pre-occupied in supporting the needs of his children in the Philippines.[/font]
 
[font=]For the record, Defensor, his ex-wife and children are all Filipinos and all carry Philippine passports.[/font]
 
[font=]As it was later on confirmed, his ex-wife was the one who left Defensor and their children to be with another man who subsequently got her pregnant.[/font]
 
[font=]To this day, after many years, his ex-wife has not come back even just to see their children. This has baffled Defensor and has affected the children negatively.[/font]
 
[font=]Defensor has been solely supporting all the needs of his children with the help of his family from the very day they were born. His eldest son is almost finished in college. Now that the children are all beyond seven years of age, they have all made a conscious decision to be with their father.[/font]
 
[font=]Defensor and his family have moved on from this domestic issue a long time ago and are happy and content with their life.[/font]
 
[font=]Regrettably, motivated by extreme bitterness, the ex-wife of Defensor has resorted to desperate means, such as using the media, to malign, embarrass and pressure him to give in to her outrageous and unbelievable demands.  [/font]
 
[font=]We trust that the foregoing explanation sets straight the baseless, malicious and one-sided statements made against Defensor in the subject column.[/font]
 
[font=]In the primordial interest of responsible and fair journalism, at the very least, kindly allow our side to see the light of print.[/font]
 
[font=]                                                                         [/font]
 
[font=]Very truly yours,[/font]
 
[font=]Rudel H. Panganiban[/font]
 
[font=]Lawyer[/font]