Can You Be Charged With Child Endangerment Over Diaper Rashes

[Tonsofquestions]

My question involves criminal law for the state of: Ohio

Person A convinced a detective to file two child endangering charges against Person B for diaper rashes.

The detective involved knew the charges were false and were only filed after Person B made it known they were going to put that detective's fraudulent behavior in a separate case on blast. Date and approximate time Person B made it known: late in the evening of March 16. Date and approximate time of charges: morning of March 17. Proof of text messages is still available. Diaper rashes were never investigated and one of the diaper rashes was supposedly from November 6th, prior to any contact with this detective.

Person A and this detective submitted pictures of diaper rashes on children supposedly taken by the significant other of Person A. Date and time stamp of the photos were also submitted as evidence. The photo of the diaper rash from November 6th was taken in the evening, no identifying marks or facial shots of the child were included. Person B presented several pictures of the children having been with him/her, time and date showing the children could not have possibly been with Person A at the time he/she supposedly had this diaper rash picture taken by significant other. Detective did no investigation.

For the second diaper rash charge, Person B presented evidence to the court of a timeline based off of text messages between Person A and Person B showing, if there had in fact even been a diaper rash, it would have been at the fault of Person A. Question as to whether or not the picture for the second diaper rash was falsified was brought to light. No facial shots and no identifying features in the picture. The detective testified that he/she never saw the diaper rash, but instead had the significant other of Person A go to a separate room to take a picture of the diaper rash. Again, no investigation.

Person A used these child endangering charges to obtain a restraining order to prevent contact between Person B and their three minor children. Person A and their significant other lied under oath in two separate courts in regards to these diaper rash charges. Once in criminal proceedings and once for the restraining order.

What charges can be brought against Person A and their significant other? Can anything be done about this detective's misconduct?

I have left out any mention of genders to avoid any possible biased opinions. No back story to cloud judgement. Just plain and simple facts. Will gladly answer any questions you may have.

[Mark47n]

Murder 1.

Possession of a deadly weapon.

Inappropriate use of a diaper.

I think this is a load that belongs in a diaper, personally. I also don't buy that this was the whole story.

[Mr. Knowitall]

As you indicate that criminal proceedings have already occurred, if you want to know what charges were filed you can ask the defendant or check the court record.

It's not misconduct for the police to investigate child neglect allegations. It is a bit absurd to purport that a police officer investigating a child neglect report is going to somehow know that the accusations are false, and that a prosecutor and criminal court would go along with the charade, but we have no way to independently verify what did or did not happen.

Any photos of diaper rashes would have had to be authenticated to be accepted by the court as evidence. If the court did not believe the defendant's protest that the pictures were of some other children, or the defendant did not raise that claim, then the court can accept the photographs based upon the testimony of other witnesses. In diaper rash cases of such severity as to trigger criminal charges, you can expect that there will be verification of the children's condition in medical reports.

When opposing the restraining order, the defendant/respondent was apparently was unable to convince a court that anything about the allegations was false or that the pictures did not accurately portray severe diaper rash on the defendant's children. The same appears to be true in the criminal court. If the defendant has been unable to convince either court or the prosecutor in the criminal case of this claimed conspiracy and that the evidence submitted is not valid, the defendant cannot reasonably expect that raising the same claims in a civil lawsuit will be any more persuasive.

It sounds like the defendant can't quite make up his mind whether to argue that the evidence is fake, or that it's real and the other parent was the person who actually caused the injury. That sort of lack of focus can cost you in court.

[Tonsofquestions]

This was not where I originally posted this or the original title to my post. Obviously a person can be charged with it, it has happened.

Mr. Know it all, I suggest you change your name...

Addressing the misconduct, first there was NO investigation as stated several times. Second, yet another thing already stated, these charges came the very next day after person B made it known they were going to report that detective's misconduct from a separate case. Evening of March 16 person B sent a text stating that. Morning of March 17 the charges were made even though the detective was not investigating diaper rashes.

The photos being authenticated, wrong! As I already stated, person A could not have possibly taken a picture of the child because the children were not with person A on November 6. The authenticity of the second diaper rash picture for the second charge was at question because of this. So, addressing the whole couldn't make up their mind comment, the possibility of person A being responsible for a diaper rash only becomes a possibility on the SECOND diaper rash charge, if and only if that picture was real since the picture for the FIRST diaper rash charge was fake.

Addressing medical reports, there were NO medical reports because the children were never taken to a doctor or hospital for any diaper rashes.

The restraining order. The attorney and court never notified person B of a court date to provide this proof to the judge.

What I originally wanted to know was what charges could be brought up against person A and their significant other.

[LegalWriter]

Your scenario is really hard to follow. By "authentication," the prior response was referring to court proceedings where, under the rules of evidence, the pictures have to be authenticated by the person that took them as to the time, date and circumstances. They just can't be put into evidence without that foundation. As to charging the person who turned the pictures over to the cop, there aren't any to be made. If someone is criminally charged, they should seek the assistance of a local criminal defense attorney.

[Tonsofquestions]

Person A turned over the picture and claimed it was their child. It could not have been their child since person B provided pictures proving the children were with him/her at that date and time. The date and time stamp created by the phone was the proof of that.

Also, yes there are charges for lying under oath (perjury!!!), lying to the prosecutor, submitting the fake evidence, and other things. Getting the restraining order with false evidence, lying there, etc.

I am trying to figure out all of the charges!

[Mr. Knowitall]

Person A turned over the picture and claimed it was their child. It could not have been their child since person B provided pictures proving the children were with him/her at that date and time. The date and time stamp created by the phone was the proof of that.

If he made that argument, he wasn't believed by either court. You have not told us why the courts rejected his claim. It is very possible that the time stamp was in error. It's also possible that if he came back with the, "And if it is my kid, it wasn't my doing", that inconsistent claim gave away his game.

You can argue until you're blue in the face that all of the witnesses against you were lying, but if two courts have believed them and have rejected your version of events your chances of convincing a prosecutor -- the same prosecutor's office that is prosecuting you for child neglect -- that they're the ones who are lying is roughly 0%.

[Tonsofquestions]

The charges were brought forward by the detective, never said the judge found person B guilty. That ruling hasn't come back yet. The final hearing has been held and at that hearing the prosecutor informed one of the lawyers involved it was believed the judge was going to drop the charges. So, again, I am looking for charges to be pressed against person A.

Also, TWO DIFFERENT CHARGES

Charge one - fake picture, plain and simple
Charge two - text timeline of person A being responsible if that picture was real since picture for charge one was fake

I want to know what can be charged against person A.


To the genius who thought they knew what I was trying to ask, thanks but no you did not. Please do not change the question, title, or place where I am trying to post. I in fact know what I am trying to ask.

I want to know about all of the charges that can be brought against person A.

This whole process has taken over a year, not just months.

Person B did not cause diaper rashes.

Person A's evidence for charge one was in fact fake.

The prosecutor, at the end of the trial, believed the charges would be dropped. The lawyer of person B did not bring their evidence to court until the actual trial date, that's why nothing was dropped prior to the trial date.

[qwaspolk69]

The charges were brought forward by the detective, never said the judge found person B guilty. That ruling hasn't come back yet. The final hearing has been held and at that hearing the prosecutor informed one of the lawyers involved it was believed the judge was going to drop the charges. So, again, I am looking for charges to be pressed against person A.

Also, TWO DIFFERENT CHARGES

Charge one - fake picture, plain and simple
Charge two - text timeline of person A being responsible if that picture was real since picture for charge one was fake

I want to know what can be charged against person A.


To the genius who thought they knew what I was trying to ask, thanks but no you did not. Please do not change the question, title, or place where I am trying to post. I in fact know what I am trying to ask.

I want to know about all of the charges that can be brought against person A.

This whole process has taken over a year, not just months.

Person B did not cause diaper rashes.

Person A's evidence for charge one was in fact fake.

The prosecutor, at the end of the trial, believed the charges would be dropped. The lawyer of person B did not bring their evidence to court until the actual trial date, that's why nothing was dropped prior to the trial date.

Detectives can't file charges. They provide evidence to the prosecutor and the prosecutor will file charges or won't.

The admins are going to put questions where they are supposed to be put and also change the titles to make more sense. If you don't like the way things run on here, go post somewhere else.

You don't need to be rude or belligerent to people. If you want legal advice you need to call a lawyer. Read the disclaimer also.

If the prosecutor dropped the charges then what's the deal? If you can't prove anything you said you're not going to get a prosecutor to file any charges - anywhere. I suggest you learn some tact when you're asking for help.

[Tonsofquestions]

Some tact when I am asking for help. You want to scold me for standing up for myself when others are rude or belligerent to me? Have been since reply one. The main thing I have done over and over is retyping things I have already typed.

The title I had on this post to begin with was asking what charges could be brought against person A. That is the one thing i have continued to ask about! Not anything close to what someone has changed it to. I didn't want to know about whether or not a person could be charged for child endangering over diaper rashes, I already know the answer to that because it has happened!

The detective brought the charges forward and were in turn picked up by the prosecutor. FYI, a police officer can charge someone with a crime without going to a prosecutor first.

Person A

At least 20 criminal charges (no exaggeration and to include lying to the police and a few obstruction of justices.)

Was the non residential parent prior to the restraining order obtained to prevent contact between Person B and the children

Had to work from supervised visits to standard order because of safety issues

Was very upset about a restraining order person B had against them and constantly asked for the restraining order to be removed which person B did not do (the restraining order did not prevent person A from contact with the children)

Never completed any drug tests (court ordered or suggested by children services)




Person B

No criminal charges prior to these

Was the primary residential parent of the children prior to the restraining order person A obtained

Was refusing to allow visitation between person A and the children because of an abuse investigation against the significant other of person A. Reason being, the eldest child came home with bruises covering his head. Several videos of the child saying who hit him (significant other of person A), even when not asked about his injuries or discussing what happened to him. Continued to refuse visits despite pressure from that detective who shared personal stories of not seeing own children. Person B only asked that children services place a safety plan on the significant other to continue visits. No, person B was never a suspect and was not charged for that. Person B took and passed a polygraph. Also not possible for person B to have beaten the crap out of the 4-year-old because of medical records.

Completed and passed a hair follicle drug test without even being asked to do so by anyone.

Also, the mother of person B had to call the sergeant and supervisor of the detective to make the detective continue the investigation in the abuse case on the 4-year-old because that detective was going to stop investigation in the case saying hair clippers were the cause of the injures despite the medical records stating they were the direct cause of abuse.

The mother also tried informing children services of this detective's misconduct. The same day this detective charged person B with the two counts of child endangering, the detective also left a voicemail on the mother's phone. Telling her it was "understood she had been making some phone calls and thought she could use a little education".