I have not seen the evidence that would make a compelling case to say that the parents were complicit criminally as opposed to being negligent. foxnews.com/us/michigan-ma… Michigan elected not to pass an child access prevention law...
...There is a risk to improvisational element in charging such a case. The question is whether there is actual knowledge or complicity by the parents as opposed to negligence. Otherwise, charges in this case could present strong grounds for challenge.
...Andy McCarthy has argued that the prosecutors seem to be "making their own law" in these charges. That may be so. Prosecutors will have to make a case that this is not just a workaround the absence of a child access prevention law.
...The key could be the report that the mother texted her son to say "don't do it." thehill.com/homenews/state… A failure to act on actual knowledge of an attack could present more than simple negligence. For the defense, the question is what "it" is.
...The report is that she sent that after the first reports of violence and the husband then contacted police. It is possible that they did not realize the gun was missing until that point. The question is whether the police know such answers before speaking further with them.
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