A Bubbaworld Opinion/Editorial
Has The Judge Lost His Mind?
McCurtain County Associate District Judge Michael DeBerry was evidently not content with resting on his laurels from his May, 2006 ruling granting custody of a child born of the rape of a 14 year old girl to her admitted rapist John Keith Tucker. Judge DeBerry went himself one step further in June, 2006 by awarding custody of two young children to registered sex offender, Dustin Mitchell Seymour.
The Seymour criminal case involved the discovery by Seymour's then wife of a video tape in Seymour's pickup truck during the summer of 2004. A video tape which allegedly showed Seymour having sexual intercourse with a then 14 year old girl. Upon discovery of the tape, Seymour's wife called police and he was arrested. Following Seymour's arrest he and his wife divorced in October, 2004. The couple had two children. Reportedly, a month after the divorce, Seymour married the alleged rape victim in Colorado.
Seymour is yet another McCurtain County resident accused of having a sexual relationship with a 14 year old girl and who like John Keith Tucker is also apparently viewed with a tolerant eye by District Attorney Virginia Sanders and Judge Michael DeBerry.
Sanders' office originally charged Seymour with three counts of second degree rape, one count of participation of minor in obscene material (child pornography) and one count of resisting an officer.
DA Sanders' office ultimately cut a sweetheart deal under which Seymour would plead guilty to one count of sexual battery and receive a five year suspended sentence. By law he was required to register as a sex offender.
The cases of Tucker and Seymour bear several similarities. Both involved adult males in sexual relationships with 14 year old girls, in both cases neither man served any time in prison, in both cases the office of District Attorney Virginia Sanders failed to insure that they did serve prison time, in both cases the issue of child custody was heard before Associate District Judge Michael DeBerry, in both cases the biological mothers of the children were of modest means and residing outside the state of Oklahoma, in both cases Judge DeBerry awarded custody of small children to an admitted or convicted sexual abuser of children.
In spite of the despicable and criminal actions of these men, Judge DeBerry ruled that they both were better qualified than the childrens' mothers to have custody of the children!
In the Seymour case Judge DeBerry opined that frequent moves by the boys' mother, Joni May Nelson, showed instability and that the home of the father, Dustin Mitchell Seymour, "is the more fit and proper custodial placement for the minor children.". The minor children in this case are two boys, ages 4 and 6 years old.
The children's mother, Joni May Nelson, lives with her boyfriend in a three-bedroom home in Midland, Texas. At the time Judge DeBerry issued his ruling, Seymour and his 'child bride' along with their child were living in a camper-trailer, he was unemployed and supporting himself with only worker's compensation.
It was subsequently reported by The Oklahoman that Seymour used his worker's compensation settlement to purchase a tire and lube shop and was in the process of purchasing a home. This apparently took place only after Judge DeBerry had awarded Seymour custody of the two children and ordered the mother to pay $237.50 per-month in child support.
Even more troubling about Judge DeBerry's ruling in this case is that the judge's awarding custody of the two children to Seymour is contradicted by Oklahoma law which states; "it should be presumed to not be in the best interest of a child for a sex offender to have guardianship or custody of a child".
Nelson's lawyer petitioned Judge DeBerry to reconsider his ruling in the case. A hearing was set for July 31st. That hearing was postponed when District Judge Willard Driesel announced that Judge DeBerry asked to be removed from the case.
Judge Driesel was quoted in the media as stating, "If there's some publicity given a certain case or some question about impropriety of a judges decision, then its not unusual at all for that judge to say let another judge look at it.".Clearly this is a case where "another judge" needs to look at it. Hopefully it will be one that upholds the law pertaining to the granting of child custody to registered sex offenders.
Since Judge DeBerry has no opposition in the 2006 election cycle, he is by default automatically re-elected to another four year term, beginning in January, 2007. The question is, can the women and children of McCurtain County, Oklahoma survive another four years of Judge DeBerry's brand of 'justice'? Or would they be better served to get out of McCurtain County as fast as they can?
In light of Judge DeBerry's rulings in both the Tucker and Seymour cases is it any wonder that some people are asking, "Has the judge lost his mind?".
Update - 11/15/06
Joni Kennedy (formerly Nelson), the mother of the two children that Judge DeBerry handed over to registered sex offender Dustin Mitchell Seymour had provided a wealth of new information on this shocking case of perverted justice. You can read her comments on the Bubbaworld Blog
Update - 12/10/06
Joni Kennedy has set up a web site to document her battle for justice in McCurtain County, Oklahoma and her efforts to regain custody of Cory and Nathan Seymour from registered sex offender Dustin Mitchell Seymour. There is a forum available on the site, where this shocking case of McCurtain County Injustice may be discussed and Joni can provide updates and additional information. Please check it out at: Cory and Nathan Seymour
