"Pranking" Parents get Probation
Michael and Heather Martin, the couple on the YouTube 'prank' channel DaddyOFive, were sentenced to years of probation due to child neglect. Their videos had them playing 'pranks' on their five children. The videos triggered outrage and claims of child abuse.
Some videos included the couple yelling at their children until they cried, and one showed a child being shoved over and getting a bloody nose. The Frederick County Sheriff's Office and Child Protective Services started investigating the Martins after several people complained that the videos showed the kids in emotional distress. They had the entire family undergo psychological evaluations and found that two of the children suffered mental injury as a result of the videos. Back in May, the couple lost custody of those two children who are Michael's biological children and Heather's stepchildren. The three other children, who are Heather's biological sons, were not a part in the criminal case because the evaluations found that they didn't suffer from mental injury.
The negotiated plea agreement had the Martins entering an Alford Plea that means they aren't admitting guilt, but agree that the state has enough evidence to prove guilt going forward. Under the terms of the probation, the couple is not allowed to contact the two children or to post videos featuring the children on social media. However, it is a possibility that they could continue to post videos of themselves and the three other children.
Comments from Allen: Many people will do almost anything for fame. There is the "good" kind of fame in which people do something great, like excel in sports or create an amazing work of art for others to enjoy, and there is the "bad" kind of fame in which they seek fame by doing something very wrong or outrageous and then proceeding to brag about it.
When people seek fame in the latter kind of way, very often they document the commission of a crime. There have been a number of videos which have appeared on YouTube of people walking up behind a stranger and then sucker-punching the stranger; it's called the "Knockout Game." When you videotape that to buy cheap fame, you document the commission of a misdemeanor or felony battery, depending upon the damage done.
I would say this couple could have been charged with a more serious crime. The final result was a negotiateed plea. The Martin's attorney focused on what was most important here: the healing of the two young abused children, and traded counseling and a "guilty" plea to neglect for avoiding jail or prison time for mom and dad.
Interesting about this case, and not surprising, is that the rights of the parents have not been terminated. The parents have lost custody of two of the children, which simply means someone else will be raising them for the time being, until a judge deems it is appropriate for the children to return to their parents. In the meantime, mom and dad will be doing a lot of homework, learning how to be proper parents.
It is quite common in cases of mental abuse that the abusing parent initially separated from the child, the child is placed in foster care (or with a close adult relative), and the abusing parent has about two years to regain custody of the child, all under the watchful eye of the state's Department of Health and Welfare. The idea is that the parent should be the one to take care of the child, if that parent can be taught to raise the child properly. However, if the parent cannot demonstrate that ability within the given time, the Department of Health and Welfare will then seek to terminate the rights of that parent, and the child will then become eligible for adoption.
https://www.cbsnews.com/news/michael-heather-martin-probation-playing-youtube-pranks-kids/
https://www.buzzfeed.com/tasneemnashrulla/parents-who-pranked-their-kids-on-youtube-sentenced-to-five?utm_term=.ubDXWDG29&bffbnews#.hx1L0A7ZW
The negotiated plea agreement had the Martins entering an Alford Plea that means they aren't admitting guilt, but agree that the state has enough evidence to prove guilt going forward. Under the terms of the probation, the couple is not allowed to contact the two children or to post videos featuring the children on social media. However, it is a possibility that they could continue to post videos of themselves and the three other children.
Comments from Allen: Many people will do almost anything for fame. There is the "good" kind of fame in which people do something great, like excel in sports or create an amazing work of art for others to enjoy, and there is the "bad" kind of fame in which they seek fame by doing something very wrong or outrageous and then proceeding to brag about it.
When people seek fame in the latter kind of way, very often they document the commission of a crime. There have been a number of videos which have appeared on YouTube of people walking up behind a stranger and then sucker-punching the stranger; it's called the "Knockout Game." When you videotape that to buy cheap fame, you document the commission of a misdemeanor or felony battery, depending upon the damage done.
I would say this couple could have been charged with a more serious crime. The final result was a negotiateed plea. The Martin's attorney focused on what was most important here: the healing of the two young abused children, and traded counseling and a "guilty" plea to neglect for avoiding jail or prison time for mom and dad.
Interesting about this case, and not surprising, is that the rights of the parents have not been terminated. The parents have lost custody of two of the children, which simply means someone else will be raising them for the time being, until a judge deems it is appropriate for the children to return to their parents. In the meantime, mom and dad will be doing a lot of homework, learning how to be proper parents.
It is quite common in cases of mental abuse that the abusing parent initially separated from the child, the child is placed in foster care (or with a close adult relative), and the abusing parent has about two years to regain custody of the child, all under the watchful eye of the state's Department of Health and Welfare. The idea is that the parent should be the one to take care of the child, if that parent can be taught to raise the child properly. However, if the parent cannot demonstrate that ability within the given time, the Department of Health and Welfare will then seek to terminate the rights of that parent, and the child will then become eligible for adoption.
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Allen Browning is an attorney in Idaho Falls, Idaho who handles personal injury and criminal defense. He has over 30 years of experience and handled thousands of cases. Allen handles cases from all over Idaho. Call (208) 542-2700 to set up a free consultation if you are facing legal trouble or you have been involved in an accident.
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Sources for more information:https://www.cbsnews.com/news/michael-heather-martin-probation-playing-youtube-pranks-kids/
https://www.buzzfeed.com/tasneemnashrulla/parents-who-pranked-their-kids-on-youtube-sentenced-to-five?utm_term=.ubDXWDG29&bffbnews#.hx1L0A7ZW
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