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
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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
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?
A Northridge man is being held at a maximum security prison in Peru for allegedly kidnapping his 5-year-old daughter despite having been granted sole custody by a Los Angeles court, his attorney said Monday.
Dustin Kent, 32, of Northridge, who has been in custody for about a month, is being preliminarily held at the Miguel Castro Castro prison in Lima, Peru, pending a two-month investigation into an allegation that he committed aggravated kidnapping there, defense attorney Sandro Monteblanco said by phone from Peru. The registered nurse has been sent to prison pending the outcome of the probe because he is a foreigner and thus considered a flight risk, he said.
Kent’s ex-wife, Rose Mary Ann Kent, fled the United States with her daughter in January of last year amid ongoing custody hearings, the attorney said.
“It’s a situation where a dad that had sole custody of his daughter found her (in Peru) after having been abducted for a year, took his daughter with him and in a flash of a moment, the ex-wife says it’s a kidnapping ring and suddenly he’s been put in prison and is looking at the barrel of a 35-year mandatory sentence for aggravated kidnapping,” Monteblanco said.
Read: Northridge man in Peruvian prison for allegedly kidnapping 5-year-old daughter
NORTHRIDGE (CBSLA.com) — The family of a Northridge man feared for his safety Wednesday night.
In January, Dustin Kent went looking for his 5-year-old daughter Adrianna who lives in Peru with her mother. Soon after locating the little girl, Kent was arrested by Peruvian police on kidnapping charges.
The case has created a media frenzy in Peru, where the 32-year-old father could spend the next several decades behind bars.
On Wednesday night, CBS2’s Peter Daut spoke to Kent’s family.
“It’s ludicrous! it’s beyond unimaginable,” Dustin’s father, Bill, said. “It should not be kidnapping, it’s a custody thing. What parent wouldn’t want to find their own child?”
Kent’s father is desperate for his son’s release. His son and Adrianna’s mother, Rose, married in 2007, but they divorced several years later.
After a judge granted the parents shared custody of Adrianna, Rose fled to her native home in Peru with their daughter. This prompted a judge to grant Kent complete custody.
A full year has passed. Kent still does not have Adrianna in his custody. His father says the little girl was kept in hiding.
Only On 2: Northridge Man Behind Bars in Peru For ‘Kidnapping’ His Own Daughter
