The District Attorney failed to file criminal charges against the father, leaving the door open for him to regain custody. Under Pennsylvania law, if there is no criminal finding, the records of the charge of sexual abuse of a child can be sealed after one year. Complacent District Attorneys are loath to sullying the name of an identified child molester. After one year, this monster of a father has had his record sealed and has filed to regain custody of the boys.
The reason? He would have to pay child support, which was ordered by the court but never paid by him. It is interesting that, in most states, a noncustodial parent must be in arrears for one year before a claim for arrears can be filed; one year for records sealing and one year to collect arrears. The courts have set up a scramble. Who can be the first to file? Where can the lawyers make the most money? In a custody battle, of course. Another case of the American Mafia making money off the victimized children.
Cases of this type would never exist if the courts automatically employed technology. But, if they did, the American Mafia would not make money off the bodies of victims. It would revolutionize the business of law and limit the amount of money that can be made by those who would encourage litigants to file cases for financial gain. There are two pieces of technology that could be used in this case, and these two boys would not be put through further trauma.
First, Mt. Sinai Hospital, Toronto, Canada has conducted blind studies of hormone levels involving both known male pedophiles and non-pedophiles. In pedophiles, it was discovered that the presence of two of six hormones were elevated in all of the 26 male pedophiles studied, but not in the 16 male non-pedophiles. These two hormones are Luteinizing hormone (LH) and folliclestimulating hormone (FSH). A blood test after an injection of gonadotropin releasing hormone (GnRH) reveals the elevated levels of these hormones only in pedophiles.[iii] Though this is not an indicator that a crime has been committed, it is an indicator that there is a propensity to commit the crime, which would bolster any case. It could serve as the motive component in the motive/opportunity equation.
The second technological advancement is the fMRI or functional Magnetic Resonance Imaging. Since the first reporting in 1991 ability of the fMRI to measure the oxygenated blood to the brain revealing which part the brain is handling critical functions such as thought, speech, movement and sensation, called brain mapping. To simplify, in the brain of a person who is telling the truth, there are only two centers of activity involving one side of the brain. When a person is telling a lie, six parts of the brain involving both sides, show increased activity caused by the increased oxygenated blood flow to the brain. Lie detectors are notoriously unreliable and can involve variations in results stemming from prepping the participant to drug usage. Results of testing often cannot be replicated. According to the No Lie MRI CEO, Joel Hulzemga, they can accurately predict a lie in 90% of the cases and the results can be replicated accurately in 100% of the cases. More importantly, the results of testing may lay in the ability of the test to detect the truth. The lack of brain activity associated with truthful answers can be used to obtain a not guilty verdict.
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