Since the above article was written, yet another order issued in Brazil. This
one said that Sean must remain with his stepfather pending resolution of the
court case. CBS then aired a controversial interview on The Morning Show with
Sean's Brazilian stepfather and grandmother.
Up on my constitutional high
horse, I then fired off this email to CBS News executives:
"CBS News
needs to do its homework. The article "Boy must stay in Brazil for now, judge
says" is as deficient in factual basis as was the soft, overly sympathetic
interview of Joao Paulo Lins e Silva and Sean's grandmother on The Morning Show
last week. Moreover, it shows a myopic lack of attention to the rule of
law.
"The Sean Goldman case is -- plain and simple -- a case about
kidnapping. This time it is not a parental kidnapping. Rather, it is a second
kidnapping (wrongful detention) of Sean Goldman in Brazil by his stepfather Joao
Paulo Lins e Silva. Still, Brazil shirks its duty to return Sean immediately, as
Judge Pinto ordered on June 1st.
"Brazil became a Hague Convention
signatory on 12/01/2003. Since then over 65 children have been abducted by
parents to Brazil and not one has been returned. Brazil's own civil code says
that when one parent dies, the other surviving parent (the legal, biological
parent) by rule of law is automatically to have custody. Yet, when Sean's mother
died, he was not returned to his biological father who has been seeking his
custody since 2004.
"Sean's stepfather is himself a Hague Convention
lawyer, as is his father. Therefore, every possible defense under the Hague
Convention has been raised in the latest proceedings in Brazil. This is a kind
of "throw everything against the wall and see if anything will stick" approach.
The Brazilian federal court judge, Rafael Pinto, shot all of these defenses (and
others equally ludicrous) down. Only the extraordinary and competent advocacy of
David Goldman's lawyer, Patricia Apy of Red Bank, New Jersey could have led
Judge Pinto to his insightful and competent decisions. Those decisions swept
away any serious consideration of the "defenses" raised by Lins e
Silva.
"If CBS is too busy to read the 65 page June 1st decision by Judge
Pinto holding that Sean should "immediately" be returned to the U.S. and to the
custody of David Goldman and Judge Pinto's subsequent June 8th decision
describing the parental alienation to which Sean is subjected in Brazil, then I
suggest that at the very least CBS might read my summaries. I trust that
Patricia Apy will correct me if I have in any way failed to accurately state
what Judge Pinto stated -- both as findings of fact and conclusions of law.
Contact her if you have any questions. For any news agency to offer up
commentary and news stories that ignore the factual details of this case and the
rule of law is irresponsible. For a major U.S. news agency such as CBS to do so
is incomprehensible. The term "yellow journalism" comes to mind.