作者: MiMi
这几天,贺案的判决惊动了美国的社会,华人社区的反应就是“大块人心”,“
人家法律判决书上说得能有假嘛?”“怎不宰了他们”(原文引用,不加杜撰)
。
可是,于此同时,涉案直接地区的美国报纸和有关法学家却拍案而起,表现了独
立思考者的冷静和理智。
++++++++++++++++++++++++++++++++++++++++++++++++++
Anna Mae decision botched by judge
By Wendi C. Thomas
Contact
May 20, 2004
If you let Circuit Court Judge Robert Childers tell it, Jack and Casey
He are horrible parents.
Because of that, they don't deserve to get their 5-year-old daughter,
Anna Mae He, back from her foster parents, Jerry and Louise Baker.
If you believe Childers (and I don't), the Hes are deceptive illegal immigrants
motivated solely by their desire to stay in America.
If the Hes are bad as Childers claims, why hasn't the Department of Children's
Services taken the Hes' other children away from them?
I'll tell you why. Because no American family is fighting to keep those
children. And there's no proof the Hes are unfit parents.
Matters as complex as child custody cases are never as clear cut as Childers
would have you believe.
His ruling to terminate the Hes' parental rights can be summed up in four
words: Bakers good, Hes bad.
The Bakers, Childers says, are so wonderful that they missed church a
few times so Anna Mae could see her biological parents.
On the other hand, the Hes had to lure Anna Mae to them with food during
visits to the Bakers' home. Childers points this out as if to say, see,
I told you they were bad.
The judge allows for no good will in the Hes' actions.
The Hes sent checks to the Bakers for Anna Mae's care, but the Bakers
didn't cash them. The judge goes on to say the Hes didn't financially
support their child.
The Hes brought Anna Mae gifts, but the fruit, clothing, toys and diapers
were of "insubstantial economic value."
Hmm. I didn't know gifts had to have a high trade-in value to have worth.
Childers reluctantly acknowledges the risks of a "transcultural placement;"
legalese for saying Anna is Chinese and they're white.
Then he pooh-poohs those risks, since they'll be erased by the Bakers'
sensitivity.
The Bakers, I'm sure, are loving and caring parents.
But their best efforts to raise Anna Mae as a Chinese girl are destined
to fall short.
No number of trips to Chinese festivals or Chinese churches, no number
of visits from Chinese friends can replace waking up each morning to look
into a face that looks like yours.
I can't shake the feeling that an anti-immigrant sentiment clouded Childers's
judgment.
It's as if life in America is preferable to life anywhere else. But Childers
can't come out and say that. Instead, he catalogs the Hes' every misstep
(and granted, there are some) to make his case.
Mrs. He, Childers wrote, is "an impetuous person not subject to being
intimidated. . . in achieving whatever she sets as her goal."
Mrs. He's goal? To reclaim her daughter, to which Childers assigns nefarious
intent.
By the time I made it through the 73-page ruling I fully expected Childers
to blame the Hes for global warm ing and rising gas prices.
Childers never proved the Hes are unfit parents. What he did prove is
his version of justice is biased.
I hope it gets overturned.
Contact Wendi C. Thomas at (901) 529-5896
这几天,贺案的判决惊动了美国的社会,华人社区的反应就是“大块人心”,“
人家法律判决书上说得能有假嘛?”“怎不宰了他们”(原文引用,不加杜撰)
。
可是,于此同时,涉案直接地区的美国报纸和有关法学家却拍案而起,表现了独
立思考者的冷静和理智。
++++++++++++++++++++++++++++++++++++++++++++++++++
Anna Mae decision botched by judge
By Wendi C. Thomas
Contact
May 20, 2004
If you let Circuit Court Judge Robert Childers tell it, Jack and Casey
He are horrible parents.
Because of that, they don't deserve to get their 5-year-old daughter,
Anna Mae He, back from her foster parents, Jerry and Louise Baker.
If you believe Childers (and I don't), the Hes are deceptive illegal immigrants
motivated solely by their desire to stay in America.
If the Hes are bad as Childers claims, why hasn't the Department of Children's
Services taken the Hes' other children away from them?
I'll tell you why. Because no American family is fighting to keep those
children. And there's no proof the Hes are unfit parents.
Matters as complex as child custody cases are never as clear cut as Childers
would have you believe.
His ruling to terminate the Hes' parental rights can be summed up in four
words: Bakers good, Hes bad.
The Bakers, Childers says, are so wonderful that they missed church a
few times so Anna Mae could see her biological parents.
On the other hand, the Hes had to lure Anna Mae to them with food during
visits to the Bakers' home. Childers points this out as if to say, see,
I told you they were bad.
The judge allows for no good will in the Hes' actions.
The Hes sent checks to the Bakers for Anna Mae's care, but the Bakers
didn't cash them. The judge goes on to say the Hes didn't financially
support their child.
The Hes brought Anna Mae gifts, but the fruit, clothing, toys and diapers
were of "insubstantial economic value."
Hmm. I didn't know gifts had to have a high trade-in value to have worth.
Childers reluctantly acknowledges the risks of a "transcultural placement;"
legalese for saying Anna is Chinese and they're white.
Then he pooh-poohs those risks, since they'll be erased by the Bakers'
sensitivity.
The Bakers, I'm sure, are loving and caring parents.
But their best efforts to raise Anna Mae as a Chinese girl are destined
to fall short.
No number of trips to Chinese festivals or Chinese churches, no number
of visits from Chinese friends can replace waking up each morning to look
into a face that looks like yours.
I can't shake the feeling that an anti-immigrant sentiment clouded Childers's
judgment.
It's as if life in America is preferable to life anywhere else. But Childers
can't come out and say that. Instead, he catalogs the Hes' every misstep
(and granted, there are some) to make his case.
Mrs. He, Childers wrote, is "an impetuous person not subject to being
intimidated. . . in achieving whatever she sets as her goal."
Mrs. He's goal? To reclaim her daughter, to which Childers assigns nefarious
intent.
By the time I made it through the 73-page ruling I fully expected Childers
to blame the Hes for global warm ing and rising gas prices.
Childers never proved the Hes are unfit parents. What he did prove is
his version of justice is biased.
I hope it gets overturned.
Contact Wendi C. Thomas at (901) 529-5896