Mother is innocent until proved guilty

6/22/2003

The recent News story, "Charge in boy's death is based on negligence," was anything but unbiased journalism. It seemed to lean heavily in the direction of the court documents The News obtained from the prosecutors.

Our system of justice proclaims a person innocent until proved guilty, but one would never know this from the article. This type of one-sided journalism jeopardizes everyone's liberty. What if Jessica Vitale-Elgie is innocent? The article did not portray even a consideration of that outcome.

For the past three years, Vitale-Elgie has been separated from her family; forced to live elsewhere or her children would be placed by Department of Social Services into foster care with strangers. Knowing the emotional trauma this would cause her children, she has voluntarily lived elsewhere, yet she still does the laundry, meals and bills for her family.

The reason she has been separated from them is due to an allegation from an unknown source. She has not been proved guilty of any crime in three years, no speedy trial has been afforded, and she has been denied her right to face her accuser. Her children have suffered from the loss of their mother, who is allowed only to see them very minimally and only while supervised. Phone conversations have, for the most part, not been allowed. This is cruel and inhuman treatment for a family that has already suffered enough with the loss of a child.

Vitale-Elgie has been denied her liberty for three years and no verdict has been given or sentence passed. Where is the due process? Or has the verdict of public opinion already been passed and our system of justice circumvented?

If we as a society can no longer protect our citizens' basic human rights, our liberties are in real jeopardy.

MARY JO MARCEAU-HAWTHORNE
Vice President, VOCAL NY
(Victims of Child Abuse Laws)

 

We at VOCAL NY are elated that Jessica and her family are able to go on with their lives after four years of estrangement imposed by our justice system and social services agencies.  

Our gracious thanks to Judge Joseph S. Forma for his judicious decisions.  Judge Forma is truly honorable and an asset to the bench.  

This ordeal leaves me with one question: Innocent until proven guilty?  The Buffalo News and many others were so willing to brand guilt without hearing the facts.  Yet, this is the hallmark of our system of justice.  I for one prefer the presumption of innocence until guilt is proven beyond a shadow of doubt.  Even then our system is not perfect.  

Judgmental attitudes are so easy to fall into.  Love and peace can begin with each one of us by casting off our judgmental natures and making a commitment to "let he who is sinless cast the first stone" and "judge not least we be judged by the same standards we judge others".

Mary Jo Marceau-Hawthorne

I thank God I have been close to this case for three years, have been to the court room on several occasions and know what really occurred because your commentary doesn't contain a shred of truth. Yes, we will all be judged someday and I sure pray I will never be judged by the standard others will be judged by if they continue to prejudice readers by vilifying people without evidence.