GUILTY NH - Steven & Jacqueline Weiner for child abuse, Belmont, 2004

Casshew

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Police have charged a mother and father with assault after the mother repeatedly stabbed her 10-year-old son in the arm with a kitchen knife while the father held the boy on the floor. The mother is alleged to have been upset because the boy and his brother destroyed the woman’s favorite stuffed animal. Police were called to the home by the child’s 13-year-old brother who ran out of the house with a cordless phone during the assault and called 911. The incident occurred Sept. 20.

Jacqueline Weiner, 36, of 46 Concord St., Belmont, was arrested and charged with second degree assault and simple assault for allegedly stabbing her son. In an arrest affidavit, police said that in addition to stabbing wounds they found welts on the young boy’s right temple and bites on his body including his wrist, shin, breast, leg and neck.

Her husband, Steven Weiner, 48, who is listed in the court affidavit as the stepfather of the child, was arrested and charged with a felony count of criminal liability for conduct of another for allegedly holding the young boy on the floor while the stabbing occurred.

According to the affidavit drawn up by Belmont Police Corporal William Wright, Steven Weiner told police he and his wife had a "heated discussion" with the children earlier in the night.

Jacqueline Weiner, who police said, "appeared to be intoxicated" began to cry after she explained to Wright that the children had destroyed a stuffed animal of hers that she had owned for several years.

Wright stated that just after 8 p.m. on September 20, police received an emergency 911 call from a young boy at the residence asking for assistance because his mother was stabbing his younger brother, according to court documents.

Wright said when he and another officer from the department responded to the house, a Chevrolet pickup truck was beginning to back out of the driveway. Parking the cruiser behind the truck, Wright said he approached the operator of the truck, who he observed to be Steven Weiner. He then saw the young child sitting in the passenger seat.

"I could see the child had been crying and had visible red markings on his neck and face," stated Wright, adding when he asked the boy what had happened he said he had fallen off of his bike.

He had the young boy sit in the back of the police cruiser and Weiner stayed with the truck. Wright said he went and talked to the youngster, who had started to cry again.

"He told me he would tell me the truth as long as I did not allow him to go back to his parents," explained Wright in the affidavit.

Showing the officer his right arm, covered by a blood stained long sleeve shirt, the young child explained to Wright that his mother had been mad with him and stabbed him in the arm.

After calling for an ambulance, he stated that the child pulled up his sleeve and displayed "three distinct puncture wounds on his right forearm.


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I am sickened. These poor kids. I am sure these kids have been abused all their lives. People like these "parents" should be sterilized.
 
It makes me wonder what his fate would have been if the police hadn't shown up before he left with him. I hope those kids get a better life.
 
April 2005:

Last week, Jacqueline Weiner, 39, wept as her 13-year-old son testified in Belknap County Superior Court that she assaulted his brother with a knife. On the witness stand yesterday, she said she had no recollection of stabbing her 10-year-old son...

Defense lawyers said that Jacqueline Weiner did not act knowingly the night she allegedly attacked her son. They said she was intoxicated, caught in a power struggle between her boys and their stepfather.

http://www.boston.com/news/local/articles/2005/04/19/nh_jury_gets_stabbing_case_against_mother/


13-year-old said he grabbed the portable phone and went outside. He dialed 911 and ran over to the neighbor's yard and hid behind a fence, he said. The recording of the call was played in court yesterday. On it, the boy sounded out of breath, and his voice was shaking as if he were crying.

'My mom and dad are trying to kill my little brother,' he told the dispatcher. 'I think he might die.'

http://www.concordmonitor.com/article/boy-says-he-saw-stepfather-hold-brother-down
 
April 2005:

A woman from Belmont will spend at least five and a half years in prison for stabbing, biting and hitting her 10-year-old son last fall.

Jacqueline Weiner, 36, was convicted in April of committing the crimes one night last September in the family's home at 46 Concord St. Yesterday in Belknap County Superior Court, Judge Harold Perkins sentenced her to a minimum of 5«years and a maximum of 14 years in prison. Upon her release, she must enter a residential drug and alcohol treatment program...

[Judge] Perkins granted a request by Noether and the boys' guardian ad litem, Marshall Hickok, for an order preventing Weiner from having any contact with her sons, including the letters.

'I think what appears to be clear here is that there was not, for some time, a parenting relationship between this defendant and the victims,' said Hickok, who acts as the boys' court advocate. 'The defendant's primary relationship was with the bottle, not her sons.'

http://www.concordmonitor.com/article/abusive-mother-sentenced-to-prison
 
March 2005:

Last month, Steven Weiner's attorney said his client's attempts to establish order were thwarted by abusive behavior by the boy and his brother, including urinating in the couple's closets and destroying about $2,000 of Weiner's property.

'The defendant has done everything in his power to seek assistance for the care and support of the children,' wrote attorney James Carroll. 'To each effort of normalcy in the family, the children have thwarted such attempts by disrupting the home, and by purposefully being unresponsive to interventions and by purposefully conspiring to torture the parents"...


ardian Marshall Hickok said Weiner's assertion of battered parent syndrome conflicted with a previously entered not guilty plea...
Stephen Wiener is charged with biting the 10-year-old boy, as well as kicking the 13-year-old and tying his legs together with rope and tape.

http://www.concordmonitor.com/article/man-accused-of-assault-drops-defense


The responding police officer testified Steven Wiener told him the 10-year-old's welts and scratches were the result of a fall off a bicycle; the 13-year-old later said his brother didn't own a bicycle.

http://www.seacoastonline.com/article/20050326/News/303269976


In court papers, Caroll said records of the boys' "outrageous" school behavior, run-ins with police and psychological problems would show not only that Weiner was abused by his stepsons, but that the boys' abuse allegations are not credible...

Hickok and Belknap County Attorney Lauren Noether also objected to the defense requests for the boys' medical, psychological, school and other records to build a case for the battered parent claim.
"The defendant is on a fishing expedition," Noether wrote in an objection filed with the court. "... He makes sweeping conclusory statements regarding a defense which is not recognized and which he fails to even establish necessary grounds for."

http://www.seacoastonline.com/article/20050303/news/303039898
 
Carroll said the boys' testimony raises doubts about each of the three incidents. The older boy had said that while Steven Weiner roped and taped his legs, the boy was kicking, so his legs were bound loosely and he was able to get free. Carroll questioned whether it would be easy to escape the tape.

'Can you possibly envision kicking it off, even if it was loose?' he said. 'It's just unbelievable.

The boy had said the argument occurred because his parents thought he'd stolen their marijuana. But when police officers searched the house, they found neither marijuana, nor a pipe, nor the box of the Scrabble game the parents allegedly kept them in.

'There was no theft of marijuana because there was no marijuana,' Carroll said...

Weiner tried to be a positive force in his stepsons' lives, Carroll said. Earlier in the day, Belmont police Cpl. William Wright said Weiner wanted the older boy arrested when he took some Dramamine pills to see what would happen and when he allegedly damaged some speakers of Weiner's. During cross-examination, Wright said Weiner requested the action because he wanted to get services to help the boy.

http://www.concordmonitor.com/article/weiner-abuse-case-goes-to-jury
 

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