Statement from Capobianco Attorneys Re: Warrant for Dusten Brown

  • Sunday, August 11, 2013

Attorneys for Matt and Melanie Capobianco and Veronica’s birth mother have issued the following statement in response to press accounts of yesterday’s developments:

The current state of affairs is not complicated. It is unacceptable. We now have a situation where Cherokee Nation officials appear to be actively assisting an ongoing felony, because they disagree with the final outcome of litigation in which they have participated in South Carolina and the United States Supreme Court over the last three years.

Based on the defiant statements and conduct of Brown and the Cherokee Nation, it seems the lesson here is that Matt and Melanie Capobianco should have refused to turn Veronica over 19 months ago, and denounced it as outrageous that they were being forced to comply with a court order when they still had the entire appeals process before them. They did not do that, because they understood that they would be fugitives from justice if they resorted to ignoring the rule of law.

The only thing that the contemplated “Oklahoma proceedings” will determine is whether Mr. Brown and those assisting him are also criminals under Oklahoma law, rather than just under South Carolina law. Perhaps he could just move to Arkansas, or Kansas, and then to North Dakota, then Minnesota – and continue to hold this child from her only legal parents – and force those parents to fight in court for her return in each state until they have domesticated the order in all 49 other states. And then maybe he should get more process in Germany, or Switzerland.

To say this out loud is to realize how outrageous and offensive it is. The United States Supreme Court denied a stay after Brown and the Cherokee Nation begged them to intervene, recognizing that if the US Supreme Court refused to step in, they would be required to return Veronica to her parents last week in South Carolina. The US Supreme Court rejected that request, and these folks are acting as if the Court granted it, and have vowed never to comply voluntarily with final court orders.

In the circumstances, Mr. Brown’s arrest is not surprising; it is absolutely necessary to ensure that the rule of law is followed and a little girl is returned to her parents. Those who have physical control of the child are also actively assisting a felony -- including Robin Brown --who has declared that she will refuse to reveal Veronica’s whereabouts to law enforcement and continues to vow not to comply with the law.

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