Sentences her to 20 months in Prison and orders her to retract all of her statements.

Translation to English:

PRONOUNCEMENT

By way of the above considerations, imposing justice on behalf of the Nation, the Judge of the Seventh Criminal Court of the Superior Court of Justice of Lima.

BREAKDOWN:

1. DECLARING: UNFOUNDED the blemish presented by the Defendant by means of a letter of 360 against the judgment issued regarding the custody of Adrianna Kent and the archiving of the wrongful touching case issued by the justice of the United States.

2. DECLARING: UNFOUNDED the exceptio veritatis raised by the defense of the complaint by means of letter 764.

3. DECLARING: UNFOUNDED, the exception of the nature of action.

4. DECLARING to ROSE MARY ANN CHACON CASTANEDA author of commission of the crime against Honor – Aggravated defamation to the detriment of Dustin William Kent.

5. TO HER IS IMPOSED A YEAR WITH EIGHT MONTHS OF PRIVATIVE PENALTY FROM FREEDOM, the same is suspended in its execution for the term of ONE YEAR, under the fulfillment of the following rules of conduct:

A) the prohibition of leaving from the place of residence without previous Judicial authorization,

B) To appear every 30 days at the location of this venue, in order to give an accounting of their activities and sign in the Register of Biometric Control.

C) Do not return to commit a criminal offense

D) Repair the damage caused to the complainant through the payment of the Civil Repair within 6 months of the present issued sentence.

E) The sentenced should rectify the facts that are material to the present process by categorically influencing through showing the falseness of the aggravating information that affected the honor of the complainant, disseminating them by the same means of communication and number of days that she propelled the offensive information.

All these rules of conduct must be complied with by the convicted Chacon Castaneda, under the warning that in case of non-compliance, proceed according to what is established in Article 59 of the Penal Code.

6. IT IS IMPOSED 190 DAYS-FINE at the rate of 10 soles for each day fine, which makes a total of one thousand nine hundred soles (I, 900) that must be deposited in favor of the Public Treasury within ten days of being issued the present sentence, according to article 44 of the Penal Code.

7. IT IS SET in the sum of THREE HUNDRED THOUSAND SOLES (300,000) for civil reparation that must pay THE SENTENCED CHACON CASTANEDA in favor of the aggrieved Dustin William Kent.

8. MANDATE that consented or executed the sentence in the inscription of the conviction Chacón Castaneda in the respective registers. It should be read in Public Act. Take reason and make to known.

 

 

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24 September 2016

After spending seven months in detention without a sentence, the US citizen Dustin Kent and his friend Kevin Critchley were released yesterday from the maximum security prison, Miguel Castro Castro.  They had been accused of kidnapping his own daughter in San Borja.

Dustin Kent said “he did not commit the crime of kidnapping because he has custody of his daughter and only came to Peru to take her home. He stated that he will remain in Peru until the investigations are completed, because he is innocent and will prove it to the judge.

Read Full Article: http://www.elpopular.pe/actualidad-y-policiales/2016-09-24-poder-judicial-norteamericano-y-amigo-abandonaron-ayer-el-penal

Image Copyright: elpopular.pe

24 September 2016

Criminal Judge of Lima, Lorena Alessi ordered the release of US citizen Dustin William Kent who was accused of kidnapping his youngest daughter Adrianna five years in San Borja in February and ordered his ban from leaving the country until the investigation into child abduction is complete.

Judge of the 10th Criminal Court of Lima ordered the release of the American, after changing the type of criminal offense of aggravated kidnapping to child abduction, after determining that he is her father and has full custody of his daughter since April 24 2015, by the Court of California of the United States.

Therefore, the judge stated that Dustin Kent did not commit the crime of aggravated kidnapping and ordered the release of his friend the British Kevin Critchley also imprisoned in the maximum security prison Miguel Castro Castro.

Criminal Judge of Lima, he varied the custody for conditional appearance with rules of conduct, ordered the prohibition to leave the country and pay a thousand soles for bail in order to not shun away from justice and that must be paid within 15 days.

Another of the rules of conduct they must meet is not to change their address without prior notice of the judge, promptly attend all the summonses to be made in this process, not leave the territory of the Republic without notice of the court and attend biometric registration every 30 days in order to give for their activities.

Dustin Kent’s lawyer, Sandro Monteblanco Marquez requested the release of his client claiming that a person can only remain in prison when the sentence is more than 4 years and the crime of abduction is a penalty of two years imprisonment.

Also, the head of the 10th Criminal Court of Lima changed the charge, because the prosecution did not present enough evidence to accuse the US citizen for the crime of aggravated kidnapping.

 

Read Full Article: Dustin Kent Released from Prison

22 July 2016

Judiciary: US citizen Dustin Kent granted full custody of his daughter in Peru.

The Second Specialized Family Court of Lima granted exclusive legal and physical custody of the five-year-old minor Adrianna to her father, the American citizen Dustin William Kent, who is being held in the Miguel Castro Castro maximum security prison, accused of kidnapping his daughter in San Borja last February.

This order was ordered within the Exequatur process that was in the Second Family Court of Lima, where Dustín Kent requested that Peru recognize the foreign judgment of the Superior Court of the State of California, County of Los Angeles, Northwest District. Van Nuys, United States, which resolves to hand over custody of his daughter with the initials Adrianna on April 24, 2015.

The resolution adds that the hearing for judicial action and declaration was then held, a procedure attended by the lawyer Sandro Monteblanco Márquez on behalf of Dustin Kent and incurred by Rose Mary Ann Chacón Castañeda.

Therefore, the Family Court concluded that the purpose of the Exequatur process is not the reexamination of what has already been judged, nor the analysis of the process itself, but rather the verification of formal compliance with the homologation requirements that Peruvian law establishes for its concession.

In this way, the senior judges of the Chamber, Elvira Alvarez Olazabal, Jorge Plasencia Cruz and Nancy Eyzaguirre Gárate, declared the lawsuit – filed by the American citizen Dustin Kent – founded and consequently the sentence issued by the Superior Court of the state of California on the 24th of April 2016 has a force of a national sentence. And they ordered that this resolution be approved or enforced.

Dustin’s lawyer, Sandro Monteblanco, said that “with this resolution his client is being proven right and he came to Peru to recover his daughter and never kidnapped her, while Rose Chacón Kent brought her daughter illegally without authorization from the Judicial Branch of the United States and did not go to the Lima Court to appeal or request custody of her daughter”.

Read Full Article: http://www.elpopular.pe/actualidad-y-policiales/2016-09-21-poder-judicial-ciudadano-estadounidense-gano-tenencia-de-su-hija

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Dustin was granted custody of Adrianna this week! Dustin is one step closer to being reunited with his daughter. Peru recognized his U.S. Court Orders as legal and binding in Peru! ‪ There was a hearing in Lima for Dustin’s “Recognition of Foreign Sentence” where the judge ruled that Dustin’s custody orders from the Superior Court in California are valid in Peru. We are waiting to find out from the State Department exactly what that means in terms of Adrianna coming home to the USA.

A couple of months ago, Dustin filed a slander suit against Rose. She has lied to the police and the media about numerous things that have put him in prison, hurt his reputation and could impact his career as a nurse. She did this with clear understanding and knowledge that these were outright lies! Dustin has gone through the motions of proving this to a judge in Peru. They both went through the process of testifying before the judge and the motions are complete. The hearing is now concluded and we are waiting for the judge to make a ruling. This can take days or weeks in Peru but we will keep you updated. This is a criminal case in Peru that could put Rose in prison for up to 3 years.

Another open case that Dustin has against Rose is psychological abuse of him and Adrianna by abducting Adrianna and separating their father daughter bond. This is still in early stages and Dustin is waiting to testify in this case.

There are other cases still open and pending in Peru, the most important of all being the false kidnapping charge by Rose. A favorable outcome of the slander suit will benefit Dustin in the kidnapping case.

Thanks for all your prayers and support of Dustin. He is innocent and deserves to be with his daughter. We hope to see him free soon!

Hello everyone,

Sandro O MonteblancoMy name is Sandro Monteblanco and I am the Managing Partner of Monteblanco & Associates, LLC, as well as Senior Counsel in charge of Dustin Kent’s defense.

Ordinarily, I do not write personal opinions in posts or boards or any social media in general, in fact, I stay away from social media for the most part in order to safeguard my privacy. However, in this case, I will happily make an exception and I will proceed to explain my reasons:

I’m originally from the Pacific Northwest but I have been practicing criminal law for many years in Peru now and in my practice, we have been counsel for plaintiffs as well as defendants in a plethora of charges and offenses. Now while most lawyers would like to believe that they only defend the innocent, the reality is that most our clients are as guilty as they come, and at $500 an hour, its easy for us lawyers to exert that defense to the best of our ability.

However, every now and then, across our practice comes a client that stands out from the rest, a client that is actually a decent human being, a person who’s life story is not only moving but also compelling, a person who’s story manages to draw-in Partners, Sr. and Jr. Associates, law clerks and even the paralegals of the firm in a most unprecedented way. In our case this person has been Dustin Kent.

Folks, lets start from a simple fact that a grave travesty of the law is currently taking place in Lima, Peru and this is expressed through the arrest and wrongful incarceration in a maximum security prison of two innocent men; Dustin Kent and Kevin Critchley. My firm spearheads their defense and over the last three and a half months, we have gone through hundreds of pages of material and thus far, we have come across nothing but overwhelming evidence that proves beyond one spec of doubt that Dustin is a mere victim, a victim to a horrendous lie perpetrated by a pathological, narcissistic individual with such capacity of evil that she has schemed a carefully orchestrated plan to go from an illegal alien status to the ultimate goal of reaching US citizenship and it did not matter how many lives she needed to destroy in order to get what she wanted for her and her posse.

Dustin was granted the sole custody of his daughter and he believed the order had enough reach that would allow him to come to Peru and take his daughter, which is what he did. The horde of lies that came thereafter, led to the charges of kidnapping, because in a treacherous scheme, the plaintiff said two “foreign” men kidnapped her daughter, thus facilitating the kidnapping charges, and because it involved a minor, it becomes aggravated kidnapping.

Sandro O Monteblanco Office FilesWe are now at a point where we are making achievements albeit slow but achievements nonetheless. We unfortunately have to deal the lethargic nature of the legal system of an immense backlog that as you can see from the picture taken at Dustin’s kidnapping court, miscellaneous files are randomly piled on the floor, on the chairs and against the walls because there is no more room for them in central filing. Each one of those piles represents a person’s life, the life of their parents, spouse and children of that person who is most likely sitting in a prison awaiting a chance for his voice to be heard, a voice that often goes unheard.

In a nutshell folks, if you want to do some tourism or if you are a foodie, Peru is a great country to visit, but pray to GOD that you never have to face legal quarrels in the courts of this country. The courts of Peru are —for the most part— corrupt beyond repair, but there are however some judges and prosecutors that truly strive to uphold the honor and ethics that being an operator of the court bestows upon them, and they are willing to face and fight the beast of corruption regardless of what that may mean to their professional careers and we believe that in some of our cases, we have managed to find those blessed individuals.

Dustin and Kevin are looking at spending the next 35 years in prison but rest assured that my team and I will not let this happen. We are good at what we do and we are passionate about how we get things done.

If you have any questions about the case or would like to talk to me directly, feel free to reach out and I will be more then happy to respond.

God bless all of you who support the families in this terrible ordeal and may we reach the much-needed justice Dustin and Kevin deserve.

Sandro O. Monteblanco, Esq.

 

Who was charged with Driving Under the Influence of Alcohol?  ROSE CHACON

On June 7, 2008, Rose was arrested for driving with a blood alcohol content of .15.  On July 2, 2008 Rose was convicted and given 36 months of probation.   She missed multiple probation violation hearings and had two bench warrants issued (January 22, 2009 and March 16, 2010).

Vehicle Code:  23152 (B)

23152.  (a) It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.    (b) It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.

 

Who abducted Adrianna and fled from the United States to Peru?  ROSE CHACON

On January 21, 2015, Rose took Adrianna without Dustin’s consent, the court’s consent and during a Department of Child and Family Services investigation.  

United States Federal Law: United States Code Section 1204 of Title 18

(a) Whoever removes a child from the United States, or attempts to do so, or retains a child (who has been in the United States) outside the United States with intent to obstruct the lawful exercise of parental rights shall be fined under this title or imprisoned not more than 3 years, or both.

          California State Law: California Penal Code 278.5

(a) Every person who takes, entices away, keeps, withholds, or conceals a child and maliciously deprives a lawful custodian of a right to custody, or a person of a right to visitation, shall be punished by imprisonment in a county jail not exceeding one year, a fine not exceeding one thousand dollars ($1,000), or both that fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years, a fine not exceeding ten thousand dollars ($10,000), or both that fine and imprisonment.

 (b) Nothing contained in this section limits the court’s contempt power.

 (c) A custody order obtained after the taking, enticing away, keeping, withholding, or concealing of a child does not constitute a defense to a crime charged under this section.

 

Which US Citizen traveled out of the United States using a Peruvian Passport rather than a US Passport?  ROSE CHACON

On January 21, 2015, Rose took Adrianna to Peru using Peruvian Passports and did not use their legal names in the United States.

LawSection 215 of the Immigration and Nationality Act (8 U.S.C. 1185)

(b) Citizens Except as otherwise provided by the President and subject to such limitations and exceptions as the President may authorize and prescribe, it shall be unlawful for any citizen of the United States to depart from or enter, or attempt to depart from or enter, the United States unless he bears a valid United States passport.

Who was convicted of Slander in Peru for lying to police and the media? ROSE CHACON

In November 2016, Rose was found guilty of Slander by the 7th Criminal Court of the Superior Court of Justice in Lima. She was sentenced to a year and 8 months of prison time, as a suspended sentence, she was given 1 year of probation to repair the damage she caused and pay Dustin 300,000 Soles for civil reparation.  Rose never fulfilled any of her probation requirements.

 

Who went to Peru with full custody to find Adrianna and bring her back to the United States?  DUSTIN KENT

In January 2016, Dustin went to Peru, taking a legal copy of Adrianna’s birth certificate and legal custody orders to find his daughter and return her to the country she was born and raised in. Dustin picked up his own daughter, whom he has sole physical and legal custody of (see legal documents).  Dustin had every right to pick her up.  There is no kidnapping between parents in Peru. Rose told the police that a stranger abducted her daughter and Dustin was detained without charges for 7 months in a high security prison in Peru. He was eventually released and never charged with a crime in Peru.

 

Who should be in prison?  You decide.

 

El autor toma dos casos que pusieron en duda los alcances de la Constitución y la legislación penal en nuestro país sobre la facultad de los padres a ejercer la custodia de sus hijos menores. Asimismo, explica que en diversas situaciones la interpretación de ambos ordenamientos sobre la materia puede resultar perjudicial.

En las últimas semanas, los diferentes medios de comunicación han difundido dos noticias cuyos protagonistas son padres procesados por la comisión del delito de secuestro, y que, por requerimiento del Ministerio Público, el Poder Judicial les ordenó prisión preventiva.

El primero de estos dos casos ocurrió en la Región Arequipa y motivó una gran indignación: Delia Flores fue detenida porque intentó inscribir en el Registro Civil a un menor de tres meses de nacido como su hijo sin la constancia de nacimiento y utilizando documentos fotocopiados. Las autoridades policiales “sospecharon” que el menor era un niño raptado en un centro de salud en el mes de octubre pasado y detuvieron a Flores por una semana, ordenándose su ingreso al Establecimiento Penitenciario de Pucchun por la presunta comisión del delito de secuestro agravado. Posteriormente, se determinó, en los resultados de la prueba de ADN, que era la verdadera madre del niño y así obtuvo su libertad.

El segundo caso tuvo como protagonista al ciudadano norteamericano Dustin William Kent, quien llegó al Perú con la finalidad de recuperar a su hija de 5 años de edad, sustraída en los Estados Unidos por su exesposa y madre de la menor. La mujer trasladó a la niña incumpliendo una orden emitida por un tribunal de justicia que otorgaba la custodia al padre. Kent, fue detenido por la Policía Nacional y la niña entregada a la madre sin tomar en consideración a quién le correspondía la tenencia legal. El Poder judicial ordenó dos meses de prisión preventiva para el progenitor por participar en el delito de secuestro agravado (delito penado con cadena perpetua). Por su parte, el Ministerio Público solicitaba 18 meses de esta medida coercitiva de carácter personal, lo que en verdad no se entiende de un órgano considerado “defensor de la legalidad”.

¿Cometen secuestro los progenitores respecto de sus hijos menores de edad?

 

DECEMBER 06, 2005 – Rose’s United States Visitors Visa EXPIRES (5 years after it was issued)

MARCH 8, 2006 – Rose meets Dustin at the YMCA where he was working as a lifeguard and she was bringing in an elderly lady to exercise.

FALL 2006 – Rose applies for a student visa.

DECEMBER 2006 – Rose is denied a student visa and the 1 year grace on her visa expiration is up.

FEBRUARY 2007 – Rose tells Dustin they need to get married or she will be deported.

MARCH 31, 2007 – ROSE & DUSTIN GET MARRIED.

APRIL 2007 – Rose immediately hires an immigration attorney to start her application for United States Residency.

DECEMBER 2007 – ROSE GETS A U.S. TEMPORARY RESIDENCY CARD

DECEMBER 2007 – Rose applies for a U.S. Social Security Card and begins to look for another job. Dustin learns that Rose has been working using an illegal social security number.

MARCH 2008 – Rose gets a job at a bank using her new Social Security Card.

APRIL 17, 2008 – Rose separates from Dustin and moves out for the first time. (U.S. Residency Paperwork hits 1 year mark).

JUNE 2008 – Rose moves back in with Dustin. Note: a married couple needs to live together 3 years to qualify for US Permanent Residency Green Card.  Getting divorced or separated at this stage would mean Rose could lose her residency

NOVEMBER 2009 – Rose applies to remove the conditional status of her Residency Card. This requires a spouses signature and an in-person interview to establish that the marriage is bonafide.

DECEMBER 15, 2009 – Rose separates from Dustin the 2nd time.

JANUARY 13, 2010 – Rose moves back in with Dustin. Although her permanent residency is being processed getting divorced or separated at this stage would mean Rose could be denied residency.

JANUARY 2010 – ROSE RECEIVES PERMANENT RESIDENCY/GREEN CARD.  

JANUARY 2010– Rose immediately starts the process of becoming a US Citizen.  This requires further proof that the marriage is still legitimate. Getting divorced or separated during this application process means Rose could lose her residency

NOVEMBER 1, 2010 – Adrianna Kent is born in the United States.

JANUARY 18, 2012 –ROSE BECOMES A UNITED STATES CITIZEN. To become a U.S. citizen Rose attended a ceremony and took an Oath of Allegiance, which includes the following commitment: Renounce and abjure absolutely and entirely all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of whom or which the applicant was before a subject or citizen

MARCH 10, 2012 – ROSE IMMEDIATELY SPONSORS NARYHA CASTANEDA (her mother) for her Permanent Residency Card. This lines up with Rose’s 5 year Anniversary which is what is required for Rose to sponsor her mother.

SEPTEMBER 27, 2012 – NARYHA receives her PERMANENT RESIDENCY CARD.

SEPTEMBER 30, 2012 – ROSE SEPERATES FROM DUSTIN FOR THE LAST TIME (less than a week after her mother gets her United States Permanent Residency Card).

Naturalization Oath of Allegiance to the United States of America

  1. Support the Constitution;
  2. Renounce and abjure absolutely and entirely all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of whom or which the applicant was before a subject or citizen;
  3. Support and defend the Constitution and laws of the United States against all enemies, foreign and domestic;
  4. Bear true faith and allegiance to the same; and
  5. A. Bear arms on behalf of the United States when required by the law; or
    B. Perform noncombatant service in the Armed Forces of the United States when required by the law; or
    C. Perform work of national importance under civilian direction when required by the law.