Indiana DaLobo the Whatever One's blog: "10-year old boy arrested for Mom's mistake"

created on 05/08/2008 | http://fubar.com/10-year-old-boy-arrested-for-mom-s-mistake/b213979

posted on 05/08/2008&nbs-07:00;@&nbs-07:00;04:05&nbs-07:00;am

The judge speaks, well. sort of...(follow up to first blog)
http://fubar.com/the-judge-speaks-well-sort-of-follow-up-to-first-blog/b213979-783602

The judge in the case of a 10-year-old boy arrested because his mother missed one restitution payment made this comment about the case: MUHLENBERG CO., KY - A ten-year old boy's mother tells NEWS 25 her son was taken into police custody while at school because she failed to make a court ordered restitution payment. Since airing the story on Timmy Stephens, I've received emails and phone calls from concerned viewers wanting to know if what the judge ordered was legal. Timmy is ten-years-old and his case was handled in juvenile court, so the judge and police could not tell us very much. Muhlenberg County Sheriff Eddie Perry says he had no choice but to follow the judge's order to pick Timmy up at school. So we again called Judge Brian Wiggins. He tells me he can't talk about Timmy Stephens case directly, but if a juvenile ends up in his court for a public offense, there is usually a set of rules the child must follow. If he violates those rules, then it is legal to pick him up with the possibility of being taken to juvenile detention. NEWS 25 obtained the document with the rules Timmy Stephens agreed to follow: that he not leave home without his mom's permission, that he follow rules at home, go to school on time, get passing grades, and not possess or use any drugs. The document says if he violates any of these things, he can be incarcerated. You can see on the paper that Timmy signed it. On the paper his mom signed agreeing to make restitution payments, Timmy did not have to sign it, and it does not say anything about her son being picked up if she fails to pay. We tried contacting the Kentucky Attorney General, and his spokesperson says it is up to the local judge to decide the proper actions. NEWS 25 would like to get answers from Judge Brian Wiggins on exactly how Timmy's mom's failure to pay resulted in him being taken into police custody, but the judge says he cannot comment. Timmy's mom has hired an attorney to find out if what the judge ordered for her son was legal. SOURCE:WEHT TV NEWS 25, Evansville, Indiana

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