Megan Williams' Prosecutor Asks for the Appointment of a Guardian

Man do I have a crystal ball or what? Actually I don't, but common sense and a general knowledge of the laws pertaining to mentally challenged adults would have set off some alarms if the court DIDN'T appoint a guardian. Generally speaking once they turn 18, children are adults unless the guv'ment intervenes, which it may do in the case of an adult who is mentally challenged. The parents would be first in line to be guardians, but it is not a foregone conclusion and you have to typically go through a process in order to have the parents declared the guardian of an adult. It ain't automatic.

For WEEKS I have been asking who was looking out for Megan Williams and so have some other bloggers.. When I say looking out for her, I mean HER, the human being, not HER, the symbol. On November 2nd on Essential Presence, I even asked if it was possible to have a guardian or trustee appointed and was curious as to why that had not been done considering the money being donated and some of the decisions Carmen has been making.

Well I wasn't the only one. Hat Tip to African American Political Pundit via the Afrospear Message Board. The Prosecutor is asking for a guardian ad litem, a very common request with children and adults who are mentally challenged are involved in some type of legal proceeding. Remember Anna Nicole's Baby had an ad litem who the court basically handed the body over to instead of Anna Nicole's mother Virgie and Howard k. Stern. Here is what the prosecutor said :

“I filed a motion for a guardian ad litem out of concern that the people in her social sphere and the people around her may be allowing things, media events, that are not in Megan’s best interest or in the best interest of her case,” Abraham said Thursday. “And she may not have a full appreciation or understanding of how this impacts her case.”

A guardian ad litem is normally appointed in cases where minors are involved, to protect the legal interests of the minor, he said.

“I have done it in the past with adults with some mental incapacity,” Abraham said. SOURCE

Before folks start howling at the moon. The guardian does not work for the prosecutor, they don't work for the parents. They work for the court and it isn't just lawyers who judges use to play an independent role in cases involving minors and incapacitated adults. You can volunteer to serve as a Court Appointed Special Advocate to look out for the best interest of children involved in court proceedings, typically involved in abuse and neglect cases. You don't have to be a lawyer:

In 1977, a Seattle judge conceived the idea of using trained community volunteers to speak for the best interests of abused and neglected children in court. So successful was this program that soon judges across the country began utilizing citizen advocates. In 1990, the US Congress encouraged the expansion of CASA programs with passage of the Victims of Child Abuse Act.

Today, we have grown to a network of more than 50,000 volunteers that serve 225,000 abused and neglected children through 900+ local program offices nationwide. Our advocates, also known as volunteer guardians ad litem in some jurisdictions, are appointed members of the court. Judges rely on the information these trusted advocates present.

To learn more, call your local courthouse or go the the National CASA website. They always need volunteers.

My only question is this, if the prosecutor is saying she doesn't have mental capacity to make complex legal decisions, um tell me how she had legal capacity to run a hot check cashing operation? Hmmm. Not THAT is a question the prosecutor needs to answer. Why did you bring her in on criminal charges and throw her in a jail cell while her wounds were still open if you don't think she has mental capacity. Mental incapacity works both ways.

Trustee will be next

And you can bet your house that if the court appoints a guardian ad litem, The very next thing that will happen is the ad litem will ask that a Trustee be appointed to handle her finances. Don't say the prosecutor didn't warn Carmen and 'em. Did they really think he was going to let them tank this case? His reputation is riding on this too. He wants the Brewsters in the clank if for no other reason than he is sick of dealing with their criminal foolishness.

LET THE HOWLING BEGIN! But I think someone looking out for her best interests to the exclusion of all others is a WONDERFUL IDEA! Anybody who complains about this has some "agenda" because what is wrong with having someone who is independent and only accountable to the judge?I wonder what took so long.

You say what?

Comments

[Miriam]

I for one am breathing a sigh of relief!

[roslynholcomb]

You won't hear howling from me, though I've never heard of a prosecutor doing such a thing with an adult, it sounds like a good plan. I agree dude has no intention of letting these fools scuttle his case, and I don't blame him. This is going to be a helluva case to prosecute and the last thing he needs is assorted asshats, nutjobs and looney tunes wandering all over WV screaming about hate crimes.

I've dealt with many GALs over the years they've all been four-square on the side of the child (Sometimes to the point of being a real PITA). I can't imagine that it would be any different in this case. I've had sexual abuse cases where the non-offending parent wasn't acting in the child's best interest and a GAL was appointed. One even insisted that the child be placed in foster care because the mama was so damned crazy. But again, never heard of anyone doing this with an adult. You know folk gonna act a fool over this one.

As for bringing her in on the bad check charges, it's possible that at that time he didn't realize she was of limited mental capacity. (Yanno, it's funny, I've encountered a lot of criminals over the years who were dim cap––couldn't spell their names in box car letters, but could steal the halo off Jesus' head. It's really strange.) And I didn't get the impression that he had her arrested. I assume that he requested that she go ahead and clear that up before the defense made rain of the fact that she was a fugitive from justice.

[Attorneymom]

Great move by the Prosecution. I am in total agreement. No howling over here.

[Attorneymom]

Wow, Gina, that is 2 posts in a row in which we agree. Mind bleach. Mind bleach. LOL.

[Kitty Glendower]

LET THE HOWLING BEGIN! But I think someone looking out for her best interests to the exclusion of all others is a WONDERFUL IDEA! Anybody who complains about this has some "agenda" because what is wrong with having someone who is independent and only accountable to the judge?I wonder what too so long.

Yes the howling will commence. I'm still reading people who are stuck on the lack of a hate crime charge even though that has been clearly explained over and over. Do these people want to put those scumbags away forever or do they want to make a point? I vote to put them away forever!

[clnmike]

What happpens to her previous guardians, can they contest it?

[Randi523]

Gina, I'm actually a CASA volunteer. It's a little emotional sometimes, but very rewarding when the court rules in the best interests of the child(ren). It's not your average volunteer work-it requires time and a little "detective work," but the court really appreciates CASA volunteers (now the social workers are another story...). I would encourage anyone with the time and patience to volunteer. I've been a CASA volunteer for a little over 2 years, and I currently have 3 cases. CASA and the court really could use more help.

[Randi523]

Working with CASA, I can concur they truly do work for the cases to which they are appointed, not for the judge, DHR, etc. They do good work.