BREAKING NEWS: Asociación Primavera lawyer and director found guilty of human trafficking in Karen Abigail case

http://findingfernanda.com/2011/10/sentencing-today-in-karen-abigail-cas...

UPDATE: The verdict from Guatemala is in.

Both women have been found guilty of human trafficking, document fraud, and criminal enterprise (“asociación ilicita”). Valle Flores de Mejia received a sentence of 21 years in prison. Noriega Cano will serve 16. Both women have been ordered to pay Loyda Rodríguez and her husband Dayner Hernández 100,000 Quetzales (about $12,800 USD) in damages.

The media has picked up the Associated Press piece about the verdict, and you can read it here at Newsday: http://www.newsday.com/news/nation/guatemala-sentences-2-in-us-adoption-....

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This morning, Timothy and Jennifer Monahan of Liberty, Missouri appeared on the CBS Early Show. They spoke about the Guatemalan court order that has ordered them to return their adopted daughter, “Karen Abigail López García,” to Guatemala. You can read a transcript here:
http://findingfernanda.com/2011/10/10242011-timothy-and-jennifer-monahan...

On the show, an attorney for the Monahans, Jared Gensler of Perseus Strategies, said that the ruling has no jurisdiction in the United States.

According to a spokesperson for the U.S. Bureau of Consular affairs, a judicial request for an adopted child to be returned to Guatemala has never happened before.

The CBS Early Show made no mention of the trial, which began hours after the Monahan interview aired. In Guatemala City, two of the ten people facing criminal charges in relation to the American family’s adoption of Karen Abigail were in court, facing human trafficking charges with a maximum 26-year sentence.

The International Commission Against Impunity in Guatemala, known by the Spanish acronym CICIG, is serving as complementary prosecutor to the Ministerio Público on this case. In a press release from last week, CICIG stated:

“In the concluding phase of the case of irregular adoption of the child Anyely Liseth Hernández Rodríguez, CICIG has asked that the Tribunal Octavo de Sentencia Penal sentence lawyer Alma Beatriz Valle Flores and Enriqueta Francisca Noriega Cano, accused of participating in this illegal process, to 26 years in prison.”

The announcement said that the 26 years would represent 12 years for human trafficking, 6 years for the use of false documentation, and 8 years for criminal enterprise, a charge typically used against organized crime. The prosecution had also asked for Valle Flores to be declared unfit to practice law.

Valle Flores is the lawyer who handled some of the paperwork associated with Karen Abigail López García’s adoption. Noriega Cano was the director of Asociación Primavera, the private nursery where the child allegedly lived from September 2007 until leaving Guatemala in December 2008.

CICIG is also recommending that the founder of Asociación Primavera, Susana Luarca, face similar charges of human trafficking, use of falsified documents, and criminal enterprise in connection with Karen Abigail López García’s adoption.

In an email this morning, CICIG spokesman Diego Alvarez told me that the child has not been returned to Guatemala, and that Susana Luarca currently remains under house arrest in Guatemala.

Photographs are from Ministerio Público records.

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Real name

Please note: The child's real name is Anyeli Liseth Hernandez Rodriguez. The name "Karen Abigail López García" is her laundered name.

Just a reminder: A few months ago a Guatemala court overturned and annulled the adoption, the new birth certificate and the passport, due to all being based on a fake identity.

Legal Adoption?

Quote from Jennifer Monahan:
"“We’ve been told that we have a legal adoption in the state of Missouri, um, but, it’s very important to us because we believe in ethical adoption, that we continue to pursue the truth of our daughter’s past, it’s just very critical that that be done safely, because she had a lot of trauma in her early years.”

How can that be a "legal" adoption? The child was kidnapped! She continues to state that, "we believe in ethical adoption". Seriously? If they really believe in "ethical adoption" then do the ethical thing and return the child to her parents who have struggled for five years to have her back home.

Then...Jennifer Monahan states that the child "had a lot of trauma in her early years." Yes, being kidnapped, held by criminals and placed in an orphanage, then sold into adoption and bought by APs in Missouri when the child had to learn a new language and culture away from her mother is traumatizing.

For any AP out there scared about this case, this is not the case of a woman who woke up five years later one morning claiming that her child was kidnapped. When the child was kidnapped the parents went to authorities and have struggled and fought to get her back home for five years.
The courts have declared the case illegal, annulled the documents and declared that the child has to be returned to the biological parents. The adoption was annulled thus making her US visa...invalid. The child is here in the US illegally. There is only one ethical thing to do.

This is a kidnapping, not an adoption. Return the child home!

Euphemisms

Brilliant isn't it?  Note what Positive Adoption Language can do to facts related to a case of adoption fraud.  Thanks to PAL, an "illegal adoption" can magically become an "irregular adoption".

Members/supporters of the lucrative international adoption industry can sugar-coat and paraphrase the facts and words all they want,  but fraud is fraud, and illegal activity is illegal activity.  Under no circumstances should this adoption (or those just like it) be seen as valid or legitimate.   End of adoption story.

Memo to Missouri

"We’ve been told that we have a legal adoption in the state of Missouri".

Maybe Missouri did not get the memo that the girl is a kidnapped child.

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