More McCurtain County Madness
McCurtain County Associate District Judge Michael DeBerry was evidently not content with resting on his laurels from his May, 2006 ruling granting custody of a child born of the rape of a 14 year old girl to her admitted rapist John Keith Tucker. Judge DeBerry went himself one step further in June, 2006 by awarding custody of two young children to registered sex offender, Dustin Mitchell Seymour.
The Seymour criminal case involved the discovery by Seymour’s then wife of a video tape in Seymour’s pickup truck during the summer of 2004. A video tape which allegedly showed Seymour having sexual intercourse with a then 14 year old girl. Upon discovery of the tape, Seymour’s wife called police and he was arrested. Following Seymour’s arrest he and his wife divorced in October, 2004. The couple had two children. Reportedly, a month after the divorce, Seymour married the alleged rape victim in Colorado.
Seymour is yet another McCurtain County resident accused of having a sexual relationship with a 14 year old girl and who like John Keith Tucker is also apparently viewed with a tolerant eye by District Attorney Virginia Sanders and Judge Michael DeBerry.
Sanders’ office originally charged Seymour with three counts of second degree rape, one count of participation of minor in obscene material (child pornography) and one count of resisting an officer.
DA Sanders’ office ultimately cut a sweetheart deal under which Seymour would plead guilty to one count of sexual battery and receive a five year suspended sentence. By law he was required to register as a sex offender.
The cases of Tucker and Seymour bear several similarities. Both involved adult males in sexual relationships with 14 year old girls, in both cases neither man served any time in prison, in both cases the office of District Attorney Virginia Sanders failed to insure that they did serve prison time, in both cases the issue of child custody was heard before Associate District Judge Michael DeBerry, in both cases the biological mothers of the children were of modest means and residing outside the state of Oklahoma, in both cases Judge DeBerry awarded custody of small children to an admitted or convicted sexual abuser of children.
In spite of the despicable and criminal actions of these men, Judge DeBerry ruled that they both were better qualified than the childrens’ mothers to have custody of the children!
In the Seymour case Judge DeBerry opined that frequent moves by the boys’ mother, Joni May Nelson, showed instability and that the home of the father, Dustin Mitchell Seymour, “is the more fit and proper custodial placement for the minor children.”. The minor children in this case are two boys, ages 4 and 6 years old.
The children’s mother, Joni May Nelson, lives with her boyfriend in a three-bedroom home in Midland, Texas. At the time Judge DeBerry issued his ruling, Seymour and his ‘child bride’ along with their child were living in a camper-trailer, he was unemployed and supporting himself with only worker’s compensation.
It was subsequently reported by The Oklahoman that Seymour used his worker’s compensation settlement to purchase a tire and lube shop and was in the process of purchasing a home. This apparently took place only after Judge DeBerry had awarded Seymour custody of the two children and ordered the mother to pay $237.50 per-month in child support.
Even more troubling about Judge DeBerry’s ruling in this case is that the judge’s awarding custody of the two children to Seymour is contradicted by Oklahoma law which states; “it should be presumed to not be in the best interest of a child for a sex offender to have guardianship or custody of a child”.
Nelson’s lawyer petitioned Judge DeBerry to reconsider his ruling in the case. A hearing was set for July 31st. That hearing was postponed when District Judge Willard Driesel announced that Judge DeBerry asked to be removed from the case.
Judge Driesel was quoted in the media as stating, “If there’s some publicity given a certain case or some question about impropriety of a judges decision, then its not unusual at all for that judge to say let another judge look at it.“.
Clearly this is a case where “another judge” needs to look at it. Hopefully it will be one that upholds the law pertaining to the granting of child custody to registered sex offenders.
Since Judge DeBerry has no opposition in the 2006 election cycle, he is by default automatically re-elected to another four year term, beginning in January, 2007. The question is, can the women and children of McCurtain County, Oklahoma survive another four years of Judge DeBerry’s brand of ‘justice’? Or would they be better served to get out of McCurtain County as fast as they can?
In light of Judge DeBerry’s rulings in both the Tucker and Seymour cases is it any wonder that some people are asking, “Has the judge lost his mind?”.
Update – 11/15/06
Joni Kennedy (formerly Nelson), the mother of the two children that Judge DeBerry handed over to registered sex offender Dustin Mitchell Seymour had provided a wealth of new information on this shocking case of perverted justice. You can read her comments on the Bubbaworld Blog
Update – 12/10/06
Joni Kennedy has set up a web site to document her battle for justice in McCurtain County, Oklahoma and her efforts to regain custody of Cory and Nathan Seymour from registered sex offender Dustin Mitchell Seymour. There is a forum available on the site, where this shocking case of McCurtain County Injustice may be discussed and Joni can provide updates and additional information. Please check it out at: Cory and Nathan Seymour Webmaster’s note: Site not currently on-line.
How could something like this happen, A Judge is to help us protect our children. The only way I could even comprehend anything like that is to wonder if the chldren are not victims and are realitives of the man with no where else to go. I hope he ordered Weekly visits to the home from Child Protective Services…
HI I’m Joni Nelson well now Joni Kennedy. I would like to update you on my case and am glad it is out there because most people think it could never happen and it did twice both with my case and in the tucker case. I get one weekend a month and phone visits on Sundays if my ex feel nice he lets me have phone visits more often. My children were recently placed in foster care in McCurtain Couny by Judge Brock based on allegations I made due to things said during my August visit with my children. However my ex husband MR.Seymour’s stepdad very well connected I might add is a child protective worker in McCurtain County for the DHS. Needless to say even though the case was referred to Pusmataha county I did not get a fair investigation and no one took my allegations seriously but they did however limit my contact with the children to 15 minute per child supervised phone contact every couple of weeks after I filed a grievance due to inprofessional behavior, outright bias, and a lack of a good investigation of the allegations against Mr. Seymour(that grievance is still in the process and could eventually result in legal action against that department if I can find a brave enough civil suit lawyer willing to take on that seperate issue). The Judge had a hearing Nov. 6, 2006 were he gave the children back to my ex husband without giving the legal five days between setting the hearing date and having the hearing and after my attorney had made it known that day was a conflict for him and he needed to reschedule. But I guess in upkeeping with McCurtain county court style they just had the hearing without us with no regard for the law. I have filed an appeal in this case and now believe it is the only way I will ever recieve justice for me and my children. I had hoped another judge would reconsider the decision without having to go through a long appeal but there was a dispute of missing transcript in my case that didn’t exist in May or June when I or my attorneys requested it however after Judge Brock dismissed my motion for reconsideration and a new trial in August/September for not having a transcript to base an opinion on since he was not the Judge that heard that case, Mysteriously after that hearing Kenneth Farely Mr. Seymour’s attorney told my attorney Phillip Andre that the transcript did indeed exist and we could request one from the court reporter. After being asked to come up with a $1000.00 upfront I now am having the transcript typed up and sent to my attorney along with the two brief hearings in August/September. Not only have these Judges lost their minds they have had no consideration what so ever for my children and I have to wonder how many other children have suffered due to their disregard fot the laws. The cover for each other, discuss the case with known attorneys in town well before the hearing ever comes about and even though I don’t have direct proof it doesn’t take a genius to look at court documents and the evidence presented by both sides to come to that conclusion in my case and others(boy if walls could talk). Judge Micheal Deberry grew up with Earl Hayes Dustin Seymour’s stepdad I imagine if someone looked there is probally school records and address records to prove it. Earl Hayes himself admitted to me that yes he had grown up with Michael Deberry and they knew one another but that would not effect his decision. Why didn’t the judge remove himself from the case? Mr. Seymour did not buy himself a home with his money he bought a small rundown 3 bedroom trailer that needed repairs while he drove a 2005 4 door dodge dually, a 2006 cadillac CTS, and a 2000 red grand am, he also had a ski boat, new motorcycle with custom paint job, 2 4wheelers, 4 paint horses, yet he doesn’t not own a swing set or anyother outside toys for his children other than 2 used bikes. Mr. Seymour currently resides in a well populated trailer park outside of Broken Bow that has plenty of near by children along with a park and public pool. I have been notified by Mr. Seymour’s probation officer that Mr. Seymour according to the probation officer can take his children to school, attend school functions unsupervised, take his children to the park all without notifing the other parents he is a registered sex offender because he is a custodial parent. His tire shop is even within the 2000 feet of the local high school but because he doesn’t live in his shop it isn’t a crime. He can even sell tires to teenagers because it is not specifically targeted to child services all without notifing the local high school or the people who shop at his tire store. This man is an aggravated lifetime registered sex offender with no hopes of ever being removed from that list because his current wife was not the first underage relationship, there was another girl in 2003 from 5/03-12/03. Although Mr. Seymour had no charges on that relationship there was plenty of evidence including a custody hearing between the girls parents where the relationship was brought up, due to respect for the girl I chose not to bring up her name( but MR.Seymour had his two young children around both underage relationships several times even overnight). The police included this in their reports and that combined with Mr. Seymour’s new relationship made him an aggravated registered sex offender instead of a first time offender. Mr. Seymour was arrested before I found the tape, and in front of his oldest child(again mentioned in police reports). For the Oklahoma DHS to recommend to place the children in the home of a registered sex offender(not to metion someone who has made repeated bad decision regarding his children’s best interest) to a judge and for a second judge to place the children in that situation when they had a perfectly good alternative is in my opinion a direct abuse of their authority and power and a direct disregard for the Oklahoma law as well as the best interest of my children. How can they consider a man to be fit for custody when according to Oklahoma Correctional Department he is a danger to children, or why would he be a registered sex offender? I am sorry if I rambled I tend to blow off a little steam now and then but this case is so outlandish and crazy. I feel like I am repeatedly running into a brick wall expecting different results so far I’ve only got a major headache. I am currently writing a book and it will be much more focused not to mention edited. At this point I’m thinking my story is so crazy who is going to believe me. One more thing according to Virgina Sander’s office they gave Mr.Seymour that deal because the victim wrote a statement after they were married about how she didn’t feel victimized. Of course the mother in qestion who signed the marriage papers was wanted on charges connected to allowing her 14 year old daughter to knowingly have a sexual relationship with 25 year old Mr. Seymour but after the marriage those charges were dropped. She also wrote a letter stating she didn’t feel her daughter had been victimized. The father who was the non custodial parent was against the marriage and relationship and had cooperated fully with the investigation and had aggreed to be a witness along with many another people. Not that they need it with the video evidence that was partically taped over the children’s 2004 Easter. I personally called the Oklahoma state attorney generally’s office to ask why this was allowed, how it could be legal, and to ask for an investigation into that office because they were partially responsible for my children now being awarded to a sex offender because if he had been in jail he would not have gained custody. At this point I don’t care who I stir up trouble for they should do their jobs or get out of the business of protecting children. In the future I will contact several people in Oklahoma to try to get someone to take on the idea of a seymour and tucker bill that would more specifically address the legal issues of custody laws regarding sex offenders not being allowed custody who has been convicted of a crime against a person(with the exception of a person under 21 years of age convicted of a non violent crime against a person 16 years of age and older) and also rapist not being allowed to gain custody who have been convicted of rape or without a conviction those who have a child as a result of undisputed rape such as with underage minors. I really hope someone will be brave enough to tackle the idea and polish it into something that will get passed for the sake of children and parents going through this situation. It has been a year ago that I filed for full custody and I am thankful for a response of outrage over such crazy behavior by the judge and will continue to pray that some good will come from this. Please do anything you can to help change a current corrupt system. My prays go out to the children and parents involved these long drawn out battles were no body ends up winning, not really.
This is Joni Nelson and I would like to clarify one more thing that I didn’t move any more than Mr. The Judge awarded custody when I moved to midland texas in april to be closer to family and so my boyfriend could except a job offer of $17.50 an hour with overtime and benefits( I presented a check stub of Chance Kennedy by boyfriend of 8 months of $1600.00 biweekly to the judge in May 2006 as proof of my reasonable decision to move). We are now married, living in the same place for 6 months and he has the same job. During my custody hearing I provided a rental lease showing I had an apartment at the same apartment complex Briarcliff apartments from 11/03 until 4/05. It was only after my apartment was broke into while I was in the shower that I moved, and I stayed with friends during the summer of 2005 and by August of 2005 had returned to Foreman, Arkansas my hometown an found a more permenant living situation. I did not move again until overwhelming stress and pressure of my custody case in April 2006 drove me to seek family comfort and better income to support my ongoing and costly legal battle. Since May 2006 my husband and I have spent somewhere around $13,000.00 and the case is not done. I am glad I moved and feel fortunate to be able to afford the attorney thus far. There was overwhelming evidence in my case that not only was I a good mom (dr records, keeping state medicare on my kids, school records, up to date shot records,family photos, ect.)but that anytime the children had been with MR.Seymour for any period of time he neglected to do those things. The judge ignored all the evidence and did what he wanted. Seymour’s attorney is grasping at straws to make his client seem better and to try to make the judges decision seem almost reasonable.
Joni, thanks for all the new info in your battle for justice and to regain custody of your children from the clutches of a registered sex offender.
There is no excuse, legal or moral, for the actions of Judge DeBerry in this shameful case and decent minded folks are beginning to wonder exactly what motivated DeBerry to make such an absurd ruling.
Please keep us informed of developments.
Happy to hear from Joni. I have wondered often about her, and about Melonie also. The court system in Oklahoma is slow, as we have seen in other cases.
It is just too unreal in cases where children are involved. Cause to wonder how many more there are that we don’t hear about.
HI, this is joni again. I am thankful for the support. I wanted to let everyone know I have setup a website, very beginnger like a work in progress we will call it. I haven’t much time to devote to master that sort of thing but hopefully I will get better. http://www.coryandnathanseymour.com so please check it out.
I am sorry to say I have taken down my website but I am thankful for the support I recieved. Mr.Seymour began to deny me extra phone contact and additional visitation due to the site. As it stands I only recieve one weekend a month and phone visitation on Sundays from 7pm until 7:30pm. After having to beg for 20 minutes during a phone call and breaking down into tears on christmas he finally allowed me a breif phone contact with the children. After that he just stopped answering the phone except on the scheduled time I felt I had no choice. But Don’t count me out! I have spent the last few months well. I went to visit family and stayed away from the internet and the phone except for necessary calls and got back to basics family and laughter and it does a world of good! I will continue to do nothing but enjoy my children and visit with my family and do my utmost to get along with my ex to the best of my ability until my attorney and I have decided on the best plan of action to ensure better visitation. My primary goal is to help my children through this difficult time as best as I can and only secondary is it to fight for the injustice of this case. The transcript is still pending according to the court reporter of McCurtain County and that leaves the appeal in a stand still until it is done. I have options but as the site is free for anyone to read I will not disclose that until it happens. I would very much like to purse trying to get new legislation in Oklahoma leaving no loopholes for register sex offenders the chance of custody of minors. Anyone who can offer any help, ideas, or anything that could help with that please contact me personally at my email [email protected] Again Thanks for the huge support and look for me in the coming few months.
I am writing to say that we have done all we can do at this point and it is up to the courts. The case has been sent to the civil courts within the supreme court system and at this point is in their hands. Everything has been filed and hopefully a decision will be reached before halloween! After much debate I have decided not to continue with anything that would give cause or the apperance of trouble-making until I have won full custody in court. Everything I do, be it trying to run the website (which I took down) or simply typing on blogs seems to get back places and cause much grievance in my ongoing situation. I appreciate all the support and will type in the decision as soon as I get it. Places like this shed light in areas most people wouldn’t and for that I am forever grateful. Thank you Bubbaworld.,
You are always welcome Joni.
Best wishes in your efforts to regain custody of your children.
And we will keep on keeping on exposing the injustices inflicted upon the children of Oklahoma.
welcome to the good old boy world if you are a manson got it in the shade we know my grandchild has to go on visits with a deadbeat dad who can do what ever hasnt paid the amount of order child suport the jugdes just dose noting but if my dauther refuse to send the baby she in trouble she works and buys for the baby dad all dose is send in 3.00 dallors they say ok show you want to see the child
B>S> iwas allways told if dad didnt pay dad dont see child
sorry what isaid i sick i have something wrong with my heart
just tim joplin has not keep up with his part noting is done nita can call child sopport every day they say noting can be done for one year all i know back in the day you didnt pay you didnt see dad or mom till it was paid who ever had contorl of miner chid child comes home allwith drawn at night she cry in her sleep she is 2years old she keeps say i the baby she say monkey hurts and bottom well be bright red takes us weeks to get it better this 2weeks with out her has been hell they refuse her mother to talk to her we have called red river conty shifers 2 times they refuse to anwers phone not right mr deberry please look close at the case you order him to take parnet class still hasnt you grant him 6 more months he said that you well do it again sir the visit not for him they are for his moma
sir i ask that his rights are taken he will never work as long as moma keeps him under her thumb they left the county with out letting nita know. sir iknow i cant do nothing but i know he had just as much fun as mom make her he not a man he is selfish he puts his self 1st mom works every day she is try to get 2jobs so she can take care of her baby but she has sister and brother that help her as much as they can for they have bills to I cant work i got hurt but when baby home i take care of her the case irefer to freeman vs joplin
sir why help them?you order parnting class.then you help them found classes.
sir they are not keeping to the deal his mom is sopose to be there at night she not.sir she is sopose to be there at night.the baby cry to come home when she well let us talk to her.
sir,
jugde deberry they wont read to her because they say she cries to come home.she fights us evertime we levae her. she well be hide in a shell till she relize she is home.she has nightmares for days.we donot know what they are doing to her.her mom is now working for the caniso as a housekeeper, she know she has to work for dad not. he had the gall to call to ask her for money to pay his bailman.
probation officer.she is better herself for her child she has a very good job.dad pay right befor he lose his rights one parliat payment.start all over waiting to see how much mommy is going to give him.that made her mad when he went jail for hot checks.thank you.concern grandma
It has now happened in Louisiana
On August 13, 2008 Judge John Joyce gave custody of three 15 year old triplets to their father. Ray Pitts, the father, raped a 15 year old friend of his daughters in March of 2008. Mr. Pitts is also an admitted crack and meth addict.
The Judge took custody away from the mother because she was moving to Yuma, Arizona to reunite with her husband after their separation due to Katrina.
The Judge apparently felt that moving the children from Louisiana would prevent them from becoming crack addict and being sexually assaulted.
So now in Louisiana, according to Judge Joyce, being a sex offender and drug addict is in the child’s best interest
I read all the comments for mcurtain county about judges. That all sounds about right and children do not get the protection they deserve in mccurtain county. Did joni get custody of her children? How about the baby where the mom has to give the dad visitation any thing good from that case.
to whom ever why is it being moderated its a comment on the other comments that were displayed on ur web site . are there rules
would like to say a few things on here , my son 4 years ago was sexually assaulted by a juvinile .as a juvinile he was protected .he was let out out of the juvinile system in 2008 in may he was just arrested for doing the same thing thing to another 10 yr old child.he has been charged with 1st degree rape.he is now 20 yrs old and an adult.i am very ticked off at the justice system because this guy got only 4 yrs in juvie.and i just found out he didnt have to register as a sex offender.he lives by a daycare center and a school.im trying to do everything in my power to see that this guy goes back to jail for a very long time.im trying to put the word out on this guy joeseph rowan.ive got all sorts of papers stateing he shouldnt be let out when he was let out of juvie.this guy is sick in his head n really needs phycological help ,and needs to be put away so he cant never hurt another child again.thank u for letting me post a comment on here .and if there is anyone that reads this please contact me @[email protected] . ann
I think its a disgrace that a sex offender who has went out and sexually offended a child would be able to get custody of a child . i am a mother trying my damndest to get a sex offender off the streets that has sexually abused my child .in my son case the guy who did this to my child was a juvinile n only got 4 yrs in juvie then he was let out of the juvie system and back out on the streets when he shouldnt have it will be a year in may since he was released and already has comitted another act against another child .tihs guy joeseph rowan who did this to my child was protected as a juvinile but now since his last offense has become an adult . i can only pray that he will get more than 4 yrs this time .4 yrs was not enough the first time he needs to be put away 4 ever he never should have gotten out in the first place i have got so many papaers on this guy n what he has done while being in the system it makes me sick to know that a judge or the whole justice system for that matter would let some1 like this back on the streets. and im very ticked off because i just learned that joeseph rowan did not have to register as a sex offender and he lives a block from a daycare and school . that is not right he should just like any other sex offender have to register.children here are not protected and they a schildren should be the first ones we protect.i understand that the cops do everything in there power to help out n do there part but it seems that in the long run when its comes down to it the judges let them by with a slap on the wrist.its like they dont want to deal with it so they just let them plead out .i wish that things were like in the old days if u committed a crime against a child u would get a tall tree and a short rope . anyway thanks for letting me vent .
any1 who knows any more websites i can write n tell bout this please let me know .any help would be greatly appriciated .i want this guy off the streets .thank you.
Good job, sir. You’ve hit the big time: