LilMtnCbn
06-25-2003, 08:16 AM
http://www.ohio.com/mld/ohio/news/6156959.htm
Man uses strict faith as defense
Husband says woman shouldn't be defendant in breast-feeding case
By Ed Meyer
Beacon Journal staff writer
A woman given a ticket for breast-feeding her daughter while driving
on the Ohio Turnpike last month could have gone on her merry way with
a slap on the wrist and a $100 fine.
At least that was the offer from the Portage County Prosecutor's
Office on May 9, the day after a trucker called 911 to report that he
had seen the woman driving her car with a baby in her lap.
The woman's husband, however, is trying to make a federal case out of
it -- literally -- by claiming she is not the real defendant.
He said he is.
He made that claim, citing Mosaic law from the Old Testament and
writings from the days of the Founding Fathers because of the couple's
``deeply held spiritual beliefs'' that the husband is ``the sole head
of the family'' and the only one who can punish the wife for a public
act.
= [100.0]He said he would go all the way to the U.S. Supreme Court to
prove his position.
Local court officials bite their tongues at the mere mention of the
case, but it's all on the record in three bulging case folders filed
in the Portage County Courthouse in Ravenna.
Charges against mother
According to the court docket, 29-year-old Catherine Nicole Donkers is
scheduled to go on trial Aug. 6 on misdemeanor charges of child
endangering, failure to comply with the order of a police officer and
several other driving infractions.
She could have had the original charges -- driving without a license,
obstructing official business and violating the child safety-seat law
-- reduced to a single guilty plea to driving under suspension,
according to court records.
But that, said her husband, 46-year-old Brad L. Barnhill, would have
been an impermissible violation of their faith.
``The situation here,'' Barnhill said during an interview last week,
``is that, according to our faith, I'm the head of the household. I'm
responsible for what she does, and no one can punish her except me.
``So if they want to punish somebody, let them punish me. I am the
defendant.
``That's the way I have to do things under my faith. And if I fail in
that duty, I'm going to hell.''
Barnhill, who said he lives with his wife in an apartment near
Pittsburgh, said they will never compromise their faith.
``If they refuse to allow me the free exercise of my religion,'' he
said, ``then we're going to appeal this all the way to the Supreme
Court of the United States and they're not going to be able to try her
before then.''
Religious beliefs
Barnhill said his faith is rooted in The First Christian Fellowship
for Eternal Sovereignty, an organization founded in the late 1990s,
according to information on its Web site. The founder was a man named
Christopher Hansen.
The Web site, which bears the heading Patriot Saints for the Kingdom
of God on Earth, says the fellowship's headquarters is in Henderson,
Nev.
Hansen says on the Web site that the fellowship's main objectiveis to
convert and educate sovereign Americans ``to demand and defend their
God given rights and fulfill their duties as freedom loving Christians
against the encroachment of the Beast and his agents.''
Hansen identifies the Beast as the federal government and some of its
agents as the IRS, Social Security Administration, Environmental
Protection Agency and the Drug Enforcement Administration.
Barnhill said he is a minister in the fellowship with 650 followers
who ``regularly correspond'' with him by e-mail and letters.
He and his followers, Barnhill said, believe in the strictest
interpretation of the Constitution, Declaration of Independence and
other writings from the late 1700s.
``You can understand we're a little different,'' Barnhill said.
His wife was prohibited from paying the fine in the initial offer from
the prosecutor, he said, because that would have meant she was
``bearing false witness,'' which would deny her ``entrance to the
Kingdom.''
Violating state law
He said, his wife was not in violation of Ohio's child-restraint law
because of a provision in the statute that permits the nonuse of a
restraint system if there is a law to that effect in the state of
which the person is a resident.
Despite the fact that he and his wife live in Allegheny County near
Pittsburgh, where Barnhill said he is working under a six-month
contract as a computer systems analyst, his wife has a home in
Michigan and, therefore, is a resident of that state, he said.
Michigan law makes an exception to its child-safety seat requirements
for an infant being nursed.
Sean P. Scahill, the prosecutor in charge of the case, said he could
not comment on any aspects of the case.
Lt. Rick Fambro, an official at State Highway Patrol headquarters in
Columbus, said Barnhill and his wife are mistaken that they were
following Michigan law.
Because she was operating a vehicle in Ohio, Fambro said, she is
``covered by Ohio law.''
Lt. Chris Butts, a commander at the patrol's post in Hiram, where the
incident originally was investigated, said Catherine Donkers initially
refused to give the responding trooper any identification but finally
turned over an ID card from Pennsylvania.
Butts also said Donkers drove for 3 miles after the trooper turned on
his siren and overhead lights and told her to stop over his patrol car
speaker.
Donkers had an explanation for that in an affidavit her husband filed
for her among the ever-growing stack of court documents.
She said she has been ``physically assaulted by several police
officers on two prior occasions -- once on the side of a road near an
interstate highway.''
It further stated: ``My Husband has directed me that if I am ever
stopped by a law enforcement officer, that I should go to the nearest
public place with witnesses where I would have a reasonable assurance
of my safety and that of our Infant Child.''
The affidavit went on to say she signaled the trooper that she was
going to stop and pulled off at a tollbooth plaza.
Asked why his wife did not stop to nurse the child, Barnhill said she
didn't want to turn ``a 5-hour trip to Michigan into a 7-hour trip.''
Lisa Mansfield, an Akron leader in La Leche League, which supports the
rights of breast-feeders, said Donkers erred.
``I don't agree with what she did,'' Mansfield said, ``because the
safety of the child is the big issue here. She should have pulled
over. That's just what's going to happen when you have kids.''
A conviction for the offense of child endangering carries maximum
penalties of six months in jail and a $1,000 fine.
Scahill, the assistant prosecutor, filed that charge and the charge
for failure to comply with the order of a police officer, on June 5
after receiving the completed highway patrol investigation.
And now he, too, has become a defendant in the case -- according to
Barnhill.
The additional charges, Barnhill said, were made in ``bad faith'' and
with an intent to ``intimidate'' him and his wife.
Barnhill said he will remedy that during his next court appearance by
making a citizen's arrest on Scahill.
``If the people do not hold public officials responsible for their
actions,'' Barnhill said, ``who will?''
Man uses strict faith as defense
Husband says woman shouldn't be defendant in breast-feeding case
By Ed Meyer
Beacon Journal staff writer
A woman given a ticket for breast-feeding her daughter while driving
on the Ohio Turnpike last month could have gone on her merry way with
a slap on the wrist and a $100 fine.
At least that was the offer from the Portage County Prosecutor's
Office on May 9, the day after a trucker called 911 to report that he
had seen the woman driving her car with a baby in her lap.
The woman's husband, however, is trying to make a federal case out of
it -- literally -- by claiming she is not the real defendant.
He said he is.
He made that claim, citing Mosaic law from the Old Testament and
writings from the days of the Founding Fathers because of the couple's
``deeply held spiritual beliefs'' that the husband is ``the sole head
of the family'' and the only one who can punish the wife for a public
act.
= [100.0]He said he would go all the way to the U.S. Supreme Court to
prove his position.
Local court officials bite their tongues at the mere mention of the
case, but it's all on the record in three bulging case folders filed
in the Portage County Courthouse in Ravenna.
Charges against mother
According to the court docket, 29-year-old Catherine Nicole Donkers is
scheduled to go on trial Aug. 6 on misdemeanor charges of child
endangering, failure to comply with the order of a police officer and
several other driving infractions.
She could have had the original charges -- driving without a license,
obstructing official business and violating the child safety-seat law
-- reduced to a single guilty plea to driving under suspension,
according to court records.
But that, said her husband, 46-year-old Brad L. Barnhill, would have
been an impermissible violation of their faith.
``The situation here,'' Barnhill said during an interview last week,
``is that, according to our faith, I'm the head of the household. I'm
responsible for what she does, and no one can punish her except me.
``So if they want to punish somebody, let them punish me. I am the
defendant.
``That's the way I have to do things under my faith. And if I fail in
that duty, I'm going to hell.''
Barnhill, who said he lives with his wife in an apartment near
Pittsburgh, said they will never compromise their faith.
``If they refuse to allow me the free exercise of my religion,'' he
said, ``then we're going to appeal this all the way to the Supreme
Court of the United States and they're not going to be able to try her
before then.''
Religious beliefs
Barnhill said his faith is rooted in The First Christian Fellowship
for Eternal Sovereignty, an organization founded in the late 1990s,
according to information on its Web site. The founder was a man named
Christopher Hansen.
The Web site, which bears the heading Patriot Saints for the Kingdom
of God on Earth, says the fellowship's headquarters is in Henderson,
Nev.
Hansen says on the Web site that the fellowship's main objectiveis to
convert and educate sovereign Americans ``to demand and defend their
God given rights and fulfill their duties as freedom loving Christians
against the encroachment of the Beast and his agents.''
Hansen identifies the Beast as the federal government and some of its
agents as the IRS, Social Security Administration, Environmental
Protection Agency and the Drug Enforcement Administration.
Barnhill said he is a minister in the fellowship with 650 followers
who ``regularly correspond'' with him by e-mail and letters.
He and his followers, Barnhill said, believe in the strictest
interpretation of the Constitution, Declaration of Independence and
other writings from the late 1700s.
``You can understand we're a little different,'' Barnhill said.
His wife was prohibited from paying the fine in the initial offer from
the prosecutor, he said, because that would have meant she was
``bearing false witness,'' which would deny her ``entrance to the
Kingdom.''
Violating state law
He said, his wife was not in violation of Ohio's child-restraint law
because of a provision in the statute that permits the nonuse of a
restraint system if there is a law to that effect in the state of
which the person is a resident.
Despite the fact that he and his wife live in Allegheny County near
Pittsburgh, where Barnhill said he is working under a six-month
contract as a computer systems analyst, his wife has a home in
Michigan and, therefore, is a resident of that state, he said.
Michigan law makes an exception to its child-safety seat requirements
for an infant being nursed.
Sean P. Scahill, the prosecutor in charge of the case, said he could
not comment on any aspects of the case.
Lt. Rick Fambro, an official at State Highway Patrol headquarters in
Columbus, said Barnhill and his wife are mistaken that they were
following Michigan law.
Because she was operating a vehicle in Ohio, Fambro said, she is
``covered by Ohio law.''
Lt. Chris Butts, a commander at the patrol's post in Hiram, where the
incident originally was investigated, said Catherine Donkers initially
refused to give the responding trooper any identification but finally
turned over an ID card from Pennsylvania.
Butts also said Donkers drove for 3 miles after the trooper turned on
his siren and overhead lights and told her to stop over his patrol car
speaker.
Donkers had an explanation for that in an affidavit her husband filed
for her among the ever-growing stack of court documents.
She said she has been ``physically assaulted by several police
officers on two prior occasions -- once on the side of a road near an
interstate highway.''
It further stated: ``My Husband has directed me that if I am ever
stopped by a law enforcement officer, that I should go to the nearest
public place with witnesses where I would have a reasonable assurance
of my safety and that of our Infant Child.''
The affidavit went on to say she signaled the trooper that she was
going to stop and pulled off at a tollbooth plaza.
Asked why his wife did not stop to nurse the child, Barnhill said she
didn't want to turn ``a 5-hour trip to Michigan into a 7-hour trip.''
Lisa Mansfield, an Akron leader in La Leche League, which supports the
rights of breast-feeders, said Donkers erred.
``I don't agree with what she did,'' Mansfield said, ``because the
safety of the child is the big issue here. She should have pulled
over. That's just what's going to happen when you have kids.''
A conviction for the offense of child endangering carries maximum
penalties of six months in jail and a $1,000 fine.
Scahill, the assistant prosecutor, filed that charge and the charge
for failure to comply with the order of a police officer, on June 5
after receiving the completed highway patrol investigation.
And now he, too, has become a defendant in the case -- according to
Barnhill.
The additional charges, Barnhill said, were made in ``bad faith'' and
with an intent to ``intimidate'' him and his wife.
Barnhill said he will remedy that during his next court appearance by
making a citizen's arrest on Scahill.
``If the people do not hold public officials responsible for their
actions,'' Barnhill said, ``who will?''
