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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Custody Orders from Peru showing Dustin has full custody in that country.

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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The US citizen Dustin William Kent and his friend Kevin Critchley released yesterday from the maximum security prison, Miguel Castro Castro, after spending seven months in detention without a sentence after being accused of kidnapping his own daughter in San Borja .

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

Criminal Judge of Lima, Lorena Alessi ordered the release of US citizen Dustin William Kent who was accused of kidnapping his youngest daughter Adriana five years in San Borja in February and ordered his ban from leaving the country until the completion of investigations it is followed by subtraction to low.

Judge of the 10 Criminal Court of Lima ordered the release of the US, after changing the type of criminal offense of aggravated kidnapping for child abduction, to determine that he is her father and is holding her daughter since April 24 2015, by the Court of California of the United States.

Therefore, for Dustin Kent judge he did not commit the crime of aggravated kidnapping and child abduction but also ordered the release of his friend the British Kevin Critchley also incarcerated in the maximum security prison Miguel Castro Castro.

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

Another of the rules of conduct that must meet is no change of address without 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 assist each 30 days to the biometric registration in order to account for their activities.

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

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

Read Full Article: Dustin Kent Released from Prison

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!

 

Oh Grady’s Pub Presents

A Fundraiser to

Help Bring Dustin and Adie Home

Saturday June 4th – 1pm to close

17633 Chatsworth St. Granada Hills, Ca 91344

Backyard Burgers
Keg Beer Specials
Live Music
Silent Auction
Raffle Prizes

$5 Cover Charge
21 and Over

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 has outstanding arrest warrants in the United States?  ROSE CHACON

As of April 2016, Rose has two outstanding arrest warrants in the United States.  Dustin does not have any.  In fact, Dustin has never been charged or convicted of any crimes in the United States.

 

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

In January, 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.

 

Who is currently in prison for picking up his own daughter?  DUSTIN KENT

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.

 

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?