IN - Couple charged with abandonment of adopted child after legally changing her age, Sept 2019 #2 *not guilty*

[Amonet]

SMH. That's because she didn't have anyone in her corner to fight for her. She didn't have any way to do it for herself either.

What was she supposed to do at 9 yrs old? Go out and find and pay for a lawyer herself to fight it?

That's ridiculous! This is sick, it's just punishing an abused child for the abuse instead of punishing those responsible!

 

[Dawn Day]

What was she supposed to do at 9 yrs old? Go out and find and pay for a lawyer herself to fight it?

That's ridiculous! This is sick, it's just punishing an abused child for the abuse instead of punishing those responsible!

I’m surprised not 1 judge on the panel of 3 said “Amended by FOURTEEN YEARS??? Wait a gosh darn minute here!” The appellate court made no fresh determination of her age and have now prevented the criminal court proceedings from doing just that. This ruling shocks the conscience. They are punishing Natalia for the failure of the state to be more proactive earlier. I am livid.

 

[Amonet]

I’m surprised not 1 judge on the panel of 3 said “Amended by FOURTEEN YEARS??? Wait a gosh darn minute here!” The appellate court made no fresh determination of her age and have now prevented the criminal court proceedings from doing just that. This ruling shocks the conscience. They are punishing Natalia for the failure of the state to be more proactive earlier. I am livid.

It is totally wrong to uphold a decision made by a court that had been defrauded by the adoptive parents to more than double a child's age despite there being evidence out there that the birth certificate age was correct. To say that legally as the fraud succeeded then nothing can be done, is not justice.

 

[Laughing]

IIRC, an attorney did try to go to court & have that birth-date fraud undone, but was unsuccessful. Can anyone find a link to this part of the sorry tale.

I guess there is no ACLU in Indiana, no disability law specialists, either.

Her civil rights were definitely violated by this list of court decisions.

Glad she is actually with a family now!

jmho ymmv lrr

 

[Laughing]

Oh, well, there is an ACLU in Indiana, but they do not accept third-party reports.

(Maybe they would pay attention to a couple hundred reports of the same crime?)

IMHO Natalia was definitely harmed by the government, the court that ignored the board-certified pediatricians & the immigration documents & declared Natalia an adult!

Get Legal Help

If you believe your constitutional rights have been violated, you can

• file a complaint with the ACLU online,
• email us at intake@aclu-in.org or
• mail intake requests to:
  ACLU of Indiana
  1031 East Washington Street
  Indianapolis, IN 46202

But first, please make sure your case fulfills the following:

1. Your civil liberties have been violated by a government entity
2. Your issue concerns a right or freedom protected by the U.S. or Indiana Constitutions
3. You are the person or party whose constitutional rights have been violated

We do not accept complaints from third parties, or complaints made on behalf of someone else. Please note that as our office puts additional precautions into effect due to COVID-19, we have limited resources and are unable to pursue every case that comes to our attention. We will make every effort to respond to your complaint within 8 to 12 weeks. If we do take your case and represent you, our services are free.

If you can arrange for her family to see this, please do!!!

jmho ymmv lrr

 

[Dawn Day]

NEW PHOTO
The earliest known photograph of Natalia. From the Ukrainian orphanage circa 2007. This photo appeared in the Russian/Ukrainian report about this case and Natalia’s birth mother. The interview with her birth mother appears to be the same as was reported by the English publication The Daily Mail, but the Daily Mail did not include the photos from the orphanage

 

[gitana1]

Apparently charges were dismissed, the court says that no one bothered to appeal the age-change so the child neglect cannot have happened:

Neglect charges based on Natalia Grace Barnett's age dismissed against mom accused of abandoning her in Lafayette

There is a more recent article, behind a paywall.

Still haven't seen any explanation of how a court changed Natalia's age -- without legal representation.

SMH

Natalia, hope the air conditioning works well, Autumn is on the way!

The charges for neglect of a minor were dismissed because of the civil court decision regarding her age, which was clearly obtained under fraudulent means, but also due to the statue of limitations which is a harder barrier to overcome.
They still face other charges for neglect of a dependent.
And the prosecution is appealing the decision to uphold dismissal of the child neglect charges to the state Supreme Court.

In one of these threads I outlined how Natalia can possibly undo the civil age change, after doing some research. Let me see if I can find it.

 

[Laughing]

@Gitana , thank you for your input!

 

[Dawn Day]

The charges for neglect of a minor were dismissed because of the civil court decision regarding her age, which was clearly obtained under fraudulent means, but also due to the statue of limitations which is a harder barrier to overcome.
They still face other charges for neglect of a dependent.
And the prosecution is appealing the decision to uphold dismissal of the child neglect charges to the state Supreme Court.

In one of these threads I outlined how Natalia can possibly undo the civil age change, after doing some research. Let me see if I can find it.

Thanks Gitana. I hope you find it

 

[gitana1]

Thanks Gitana. I hope you find it

Here’s what I found:

Ok. I looked up the law on set asides of civil judgments. One year after the judgment in cases of fraud. That’s like CA.

However:

“Indiana Trial Rule 60(B)(3) provides that a judgment may be set aside for “fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party . . . .” Additionally, a motion for relief from judgment under Trial Rule 60(B)(3) must be filed not more than one year after the judgment was entered. However, Trial Rule 60(B) contains a “savings clause” which provides, “This rule does not limit the power of a court to entertain an independent action to relieve a party from a judgment, order or proceeding or for fraud upon the court.”
[9] In Stonger v. Sorrell, 776 N.E.2d 353 (Ind. 2002), our supreme court addressed the three ways that a motion to set aside a judgment for fraud can be raised, adopting analysis used by federal courts for Federal Rule of Civil Procedure 60(b)(3), which is nearly identical to Trial Rule 60(B)(3). First is a motion filed under subsection (3) of the Rule, which “may be based on any kind of fraud (intrinsic, extrinsic, or fraud on the court) so long as it is chargeable to an adverse party and has an adverse effect on the moving party.” Stonger, 776 N.E.2d at 356. A motion under this Rule also must be filed in the court that issued the judgment, and it must be made within one year of the judgment. Id.
[10] Second, a party may file an independent action for fraud pursuant to traditional equitable principles. Id. “Independent actions are usually reserved for [...]situations that do not meet the requirements for a motion made under” Rule 60(B)(3). Id. Such cases include ones where “(i) the fraud is not chargeable to an adverse party; (ii) the movant seeks relief from a court other than the rendering court; or, most often, (iii) the one-year time limit for Rule 60(b)(3) motions has expired.” Id. An independent action for fraud is subject to the doctrine of laches and is available only in extremely limited circumstances. Id.
[11] Third, a party may invoke the inherent power of a court to set aside its judgment if procured by fraud on the court. Id. at 356-57. Also, a court may sua sponte set aside a judgment for fraud on the court. Id. at 357. There is no time limit for a fraud on the court proceeding. Id.
Appellate Decisions
(That last bold by me means if the court brings its own motion there’s no time limit. And the court can be asked/pressured to do so).

So I think this kid has some options. I hope a good attorney will take her case for free after the criminal case is over.

IN - Couple charged with abandonment of adopted child after legally changing her age, Sept 2019

 

[AgeofAquaruis]

The charges for neglect of a minor were dismissed because of the civil court decision regarding her age, which was clearly obtained under fraudulent means, but also due to the statue of limitations which is a harder barrier to overcome.
They still face other charges for neglect of a dependent.
And the prosecution is appealing the decision to uphold dismissal of the child neglect charges to the state Supreme Court.

In one of these threads I outlined how Natalia can possibly undo the civil age change, after doing some research. Let me see if I can find it.

They may have gotten away with it in the court system. Let them get all smug and comfy, it will make it that much worse when Karma catches up with them. MOO

 

[Dawn Day]

Here’s what I found:



IN - Couple charged with abandonment of adopted child after legally changing her age, Sept 2019

That definitely sounds like an argument an attorney could persuasively argue in this case!

 

[Laughing]

Thanks, @Gitana ! Now we need a bulldog of an Indiana bar-admitted attorney.

OR plenty of on-line support for the gentleman who tried previously?

Either @meanmaryjean or @LaborDayRN is a Hoosier, currently not sure which one. We have an Indiana detective posting, of course this old blonde COVID survivor cannot remember that username....

@Hoosier952 @Hoosierfan72 @Hoosiers#1 @fallingdown

jmho ymmv lrr

 

[meanmaryjean]

I'm no longer in Indiana (sadly). But I did find this: Volunteer Guide - Pro Bono Net

 

[Laughing]

Thank you, @meanmaryjean , for a timely & useful response!

 

[Laughing]

Just asked these interested-in-Indiana-crime posters for help here:

IN - IN - Paul Raymond Harrod, adult, may have been using false identity, Hamilton County, 27 Nov 1992

 

[meanmaryjean]

Indiana Attorney General wants the State Supreme Court to take Barnett case

"Now, the Attorney General is arguing to the state Supreme Court that the age-change was fraudulent and done secretively under a confidential adoption cause.

The petition is asking the justices whether defendants can manipulate the judiciary…to obtain a court order on false pretenses…and then use it to shield themselves from prosecution."

 

[Laughing]

Indiana Attorney General wants the State Supreme Court to take Barnett case

"Now, the Attorney General is arguing to the state Supreme Court that the age-change was fraudulent and done secretively under a confidential adoption cause.

The petition is asking the justices whether defendants can manipulate the judiciary…to obtain a court order on false pretenses…and then use it to shield themselves from prosecution."

Wonderful, wonderful!!!

Now sadly the child robbed of her teen years cannot go to school with her peers, and cannot have vital medical procedures at the time her joints need them, but she can have vindication AND those that hurt her can be charged!

 

[meanmaryjean]

Slightly more info in this one- the story is picking up steam in the Indy metro media now!

https://www.wrtv.com/news/ag-asks-indiana-supreme-court-to-take-adoption-neglect-case

 

[j_in_c]

Slightly more info in this one- the story is picking up steam in the Indy metro media now!

https://www.wrtv.com/news/ag-asks-indiana-supreme-court-to-take-adoption-neglect-case

Thank you for posting - I am glad she has not been forgotten. She deserves to be given her proper age back and I hope that there is some restitution for what she was put through as a minor with no ability to push back.