More snags in child custody case
Judge grants motion for second psychological exam
By TERESA RESSEL
Daily Journal Staff Writer
Daily Journal Staff Writer
Monday, June 09, 2008
Washington County prosecutors allege on March 31, 2003, Steven Spier, 33, of Park Hills, got into a car with Melissa Ann Flores, 30, of Farmington, who had taken her four minor children from the Division of Family Services (DFS) building during a supervised visit there. The children were in the temporary legal custody of DFS. Spier reportedly stayed with Flores and her children for 10 days.
Spier had been originally charged with four counts of kidnapping and four counts of interference with custody. Under a plea agreement, Spier pleaded guilty in late 2003 to one charge of kidnapping and was sentenced to 15 years in prison.
The kidnapping charge alleged Spier unlawfully removed a child, without the child’s consent, from DFS for the purpose of “interfering with the performance of a governmental function.” The prosecutor assumed interfering with child custody fell under that definition.
After being sentenced, Spier successfully argued to the Missouri Court of Appeals that he could not be convicted of kidnapping because removal of the victims from court-ordered care does not constitute “interference with the performance of any governmental or political function.”
To be charged with kidnapping in Missouri, a person must take a person without consent to hold the person for ransom or reward, use the person as a shield or hostage, interfere with the performance of any governmental or political function (such as terrorism), facilitate the commission of a felony or flight, or inflict physical injury on or terrorize the victim or another.
The Court of Appeals ordered the sentenced reversed and remanded and sent the case back to circuit court for trial.
Spier is facing charges of four counts of interference with (child) custody. The charges of kidnapping have been dismissed.
The case was scheduled for trial today in Ste. Genevieve County on a change of venue. Washington County Prosecuting Attorney John Rupp was prepared for trial when Spier’s public defender, Jason Tilley, faxed a motion on Wednesday asking for a second psychological evaluation.
Rupp said the motion came days after Spier was found competent in a St. Louis burglary case. He said the judge felt the second evaluation had to be granted.
The case is being passed indefinitely until the outcome of the second evaluation is known.
According to court records, Flores pleaded guilty to four counts of interference with custody, a Class D felony, and was sentenced in 2004 to a total of four years in prison. Her guilty pleas and convictions to the kidnapping charges which had netted 24 years in prison were set aside by the Missouri Court of Appeals.
Teresa Ressel is a reporter for the Daily Journal and can be reached at 573-431-2010, ext. 179 or at tressel@dailyjournalonline.com.
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Reader Comments (7)The comments below are from readers and do not represent the views of the Daily Journal
keepin it real posted on Thursday, June 19th, 2008 at 12:39 pm
There should be no reason why you can't print this. If you can put Mrs. Flores' name in the paper not knowing all the facts, you should give somebody the opportunity to defend her. TO PAREN CD WORKER: You have a sick mind if you think all CD cases are because of rape or abuse. Mrs Flores had a child in the hospital in St. Louis. CD helped her out because she couldn't be at home with her other 4 children and at the hospital with her sick baby. When this child passed away, CD didn't think she was ready to take her other children back, but she did. So she took them. Her name should not have even been printed in this article anyway. Wasn't this about Steve Spears?
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keepin it real posted on Tuesday, June 17th, 2008 at 5:08 pm
I posted a comment yesterday that explained the truth in this case because people don't know what they are talking about. Where is it? This is the second article I've commented on and neither were posted. What's the deal. Everything I've said was true. But I thought this forum was for the freedom to express your opinion. What's wrong with MY opinion?
Paren CD worker posted on Wednesday, June 11th, 2008 at 11:53 am
To Bulletinman: yes, you can be charged with kidnapping your own children if they are in the custody of the state or anyone else but you. Obviously there were issues already in place if the CD had custody. And, in my 17 years of Social Work experience, the CD has worked wonders and miracles for a lot very hurt and troubled children. Someone that is being sexually abused by dad is not going to get help at home and the CD must step in. The CD does not "snatch and grab" as you put it. However, parents do have sex with and beat children which you forgot to mention.
Thank You posted on Tuesday, June 10th, 2008 at 6:57 pm
Shows how much you know -
Thank you for jumping on that one for me. I was about to pounce. It amazes me, as apparently it does you too, how much people don't know about the laws of their own country, state and local governments. Thanks for taking the time to be informed and to inform others.
I for one thank God for Children's Division. I would have been killed by my moms boyfriends if it weren't for police intervention and the care I recieved from Children's Division.
LegalEagle -
Change your name or something. You obviously know very little about "legal" matters. I've read a lot of your comments and your knowledge of law leaves a lot to be desired. Definitely not enough on track to consider yourself an eagle.
bulletinman -
you're kidding, right?! If you aren't a fit parent; then it is the responsibility of the government to "promote the general welfare" of your children if you aren't going to. All of us are "created equal". Even the children. If they are in protective custody; yes you can kidnap them.
Thank you for jumping on that one for me. I was about to pounce. It amazes me, as apparently it does you too, how much people don't know about the laws of their own country, state and local governments. Thanks for taking the time to be informed and to inform others.
I for one thank God for Children's Division. I would have been killed by my moms boyfriends if it weren't for police intervention and the care I recieved from Children's Division.
LegalEagle -
Change your name or something. You obviously know very little about "legal" matters. I've read a lot of your comments and your knowledge of law leaves a lot to be desired. Definitely not enough on track to consider yourself an eagle.
bulletinman -
you're kidding, right?! If you aren't a fit parent; then it is the responsibility of the government to "promote the general welfare" of your children if you aren't going to. All of us are "created equal". Even the children. If they are in protective custody; yes you can kidnap them.
shows how much you know posted on Tuesday, June 10th, 2008 at 9:50 am
#1 it's not DFS anymore...hasn't been since 2003...it's Children's Division. #2 Children's Division does not have the authority to "take" kids...ONLY law enforcement or the juvenile office can take custody of children. Children's Division cares for them while they are in custody! Please educate yourself before you comment!
legaleagle posted on Tuesday, June 10th, 2008 at 6:11 am
Finally, maybe something can be done about the shady dealings of DFS! These people snatch and grab kids from families all the time, and can do it legally with the State of Missouri's blessings, and usually with Martinez as sidekick!
bulletinman posted on Monday, June 9th, 2008 at 7:16 pm
How can you kidnap your own children? Unless the STATE really owns them...
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