January 21, 2010 at 7:33 pm #272
OK. EJ had "legal" custody of Sydney when he, Nicole, and Sydney were together by virtue of their marriage and the presumptive birth. Fast forward: Nicole is in jail, and Sydney is actually EJ’s child. To my recollection, there was no court order granting Sami custody of Sydney. Therefore, since EJ is the bio father, he cannot be guilty of kidnapping. Further, because Anna is watching the child at EJ’s direction, she is not guilty of kidnapping either.
Lying to Sami about the child’s whereabouts is not a criminal offense. Intentionally inflicting emotional distress upon Sami is a tort, recoverable under civil law. However, I doubt Sami would go that route, as he could say the same thing about her in keeping his child from him in the first place.
Now, EJ is certainly guilty of lying to law enforcement, and hindering an investigation. But again, not Anna (at least not yet) as she has not spoken to anyone in law enforcement about the case.
This, to me, seems like how the writers are going to keep EJ and Anna out of major trouble. EJ will probably get a slap on the wrist, possibly along with a fine, and Anna will not get in trouble at all.January 21, 2010 at 9:31 pm #9867Carol JParticipant
There is never punishment for crimes anyway. Refresh my memory; what was Vivian’s punishment for burying Carley alive? Don’t get me started on Kate’s lack of punishment for her crimes. I’m sure Nicole will be judged incompetent to stand trial. There are never consequences for bad actions.January 21, 2010 at 9:53 pm #9872PattiParticipant
he may be the bio-dad, but deliberately sending false ransom notes and alluding to harming the child if demands are not met, and certainly, as you mentioned, deliberately lying to a federal agent, has to count for something. If they can’t take him down that way, then just shoot the s.o.b. He deserves it. I hate this smug, immoral putz more and more every day.January 21, 2010 at 9:56 pm #9873IzzyBParticipant
Wouldn’t it be a fake kidnapping? Kind of like that stupid kid in a balloon story? He would have to get some kind of punishment for faking a kidnapping. Also, since no custody has been sorted out, EJ would not have the right to take the child without Sami knowing about it. Since she is the bio mom and nothing has been worked out in court, the court could do something to him. Also, this will not look good when Sami goes after custody.January 21, 2010 at 10:23 pm #9876GoodyParticipant
I don’t know if legal charges are possible under these circumstances, but you certainly give an interesting viewpoint. Macrr, your explanation would certainly leave EJ with lots of wiggle room concerning the law. Something to think about!January 21, 2010 at 11:12 pm #988153tdogsParticipant
Based on your conjecture of the story line then Anna was only babysitting Sydney for EJ. (Not sure how to explain the notes though or lying to the cops – that is still a no-no – (depending on the judge nowdays) and then those two would only get a nominal fine or probation. At this point – I’m just wanting the story to be over, no matter how it’s resolved as long as it’s O-V-E-R! Please!!!January 22, 2010 at 4:21 am #9885
"Faking a kidnapping" is not, in and of itself a crime: it is lying to law enforcement which is the crime. In S.C., kidnapping is a felony. False reporting of a felony is a felony (false reporting of a misdemeanor is a misdemeanor), punishable by up to 5 years in jail and a small fine (and possibly reimbursing law enforcement costs). Further, I can see in SALEM lawbooks, both unmarried parents have the same rights to a child. Conversely, in SC the bio mother of a child–when not married to the father– usually has custody until a court says otherwise. Again, in Salem, however, I don’t see this happening. It would not surprise me if one (or both) of the following plays out: 1. since EJ had original custody of the child, he has the superior right; or 2. since no court order establishes custody, they both have the same right to the child, with none being superior over the other (meaning, whoever has the child, has the child until a court orders something else). In either case, neither the police nor the court could "do something" to EJ for keeping the child away from Sami—she had no custody claims to the child at all.
Anyway, I predict a slap on the wrist for EJ, and Anna not getting in trouble at all, criminally speaking.January 22, 2010 at 4:23 am #9886
"If they can’t take him down that way, then just shoot the s.o.b. He deserves it. I hate this smug, immoral putz more and more every day." That gave me a late night laugh!! Thanks.January 27, 2010 at 3:50 am #10027Ms. JakeParticipant
But do we really know for a fact that Sydney is really Sami’s daughter? What if the toothbrush Rafe tested belonged to Nicole? What if it’s Nicole who recalls that it was Anna’s voice she heard…and they find out Anna’s been babysitting Sydney for EJ? And what would happen to Nicole if they found out she was really the mother and there was an underground black baby market going on with Dr. Rolf and the undead Dr. Baker???? And that they discover Sami’s baby is alive too and placed with a family??? And then, Nicole could get out of jail because she never stole a baby, nor kidnapped someone else’s kid, only tried desperately to hold on to her own…just didn’t REALLY know it at the time!!!!! hehe, long shot, but that would be awesom!!!January 27, 2010 at 10:30 am #10029SWParticipant
at a point where she would not have been viable. The drs would have to have transplanted her child into another woman’s womb for it to have lived and that is really far-fetched. Yes, it’s Days but they have been going to more realistic shows lately. When you said Anna never talked to ‘law enforcement’ – that isn’t quite true. She had a call from Fauxman before Christmas where he invited her to spend the holiday with his family and she refused. I think it would be hard for her to claim she didn’t know Sami’s child had been kidnapped/was missing since they mentioned ‘Sami’s situation.’
I think Anna will run so she doesn’t get arrested. I also think if caught, EJ would throw her under the bus!January 27, 2010 at 8:25 pm #10034midwifemamaParticipant
It would not beall sorts of fun really possible, but when has that ever stopped Days? This idea would bring about a really wild storyline, and be lots of funJanuary 27, 2010 at 8:28 pm #10035midwifemamaParticipant
It would not really be possible, but since when has that ever stopped the writers. It would be a lot of fun to see your story play out and they could have Sami and Nicole gang up against EJ
- You must be logged in to reply to this topic.