Cravers Seek New Trial UPDATED

 Is this a bid to get custody of Elizabeth (Dasha) back?

“Defense argues convictions were against the ‘weight of the evidence.’ ”

“Still maintaining their innocence, Michael and Nanette Craver, the Carroll Township couple who were convicted of involuntary manslaughter in September for the death of their 7-year-old adopted Russian son, have filed post-sentence motions seeking a new trial.

Attorneys for the Cravers are arguing the weight of the evidence was contrary to the verdicts.

Nathaniel Craver died Aug. 25, 2009, at Hershey Medical Center from a subdural hematoma, bleeding on the brain.

The Cravers said their son, who was diagnosed with reactive attachment disorder and fetal alcohol syndrome, had a history of injuring himself.

Authorities argued the boy was abused and neglected, resulting in his death.

Judge John S. Kennedy, who presided over the murder trial, could grant or reject the defense request for a new trial or hear argument from both sides before making a decision.

If Kennedy rejects the request, the Cravers could then appeal to the state Superior Court, Michael Craver’s attorney, Clasina Mahoney Houtman, said Friday.

The Cravers’ jury acquitted them of first- and third-degree murder. If they are granted a new trial, they can only be tried for the crimes for which they were convicted – involuntary manslaughter, two counts of endangering the welfare of a child and three counts of criminal conspiracy.

The chance the Cravers are taking with a retrial is, if they are again convicted of those charges, they could receive stiffer sentences then the sentences they received, Houtman said. Both were sentenced to 16 months to four years and a consecutive five years of probation.

The statutory maximum sentence for the manslaughter charge is 10 years in prison.

The Cravers had spent 567 days – almost 19 months – in custody without bail awaiting trial. Following their convictions, both were released on bail. They remained free after their sentences were handed down by Kennedy. At sentencing, Kennedy had called the verdicts “appropriate.”

Cravers seek new trial in adopted son’s death
[York Daily Record 12/2/11 by Rick Lee]

“The Cravers say their son had fetal alcohol syndrome and a history of injuring himself.

But authorities contend the boy was abused and neglected. A jury last month found the Cravers guilty of involuntary manslaughter, child endangerment and conspiracy.

York County Common Pleas Court Judge John S. Kennedy called the verdicts “appropriate.” He sentenced the Cravers to the 19 months they had already served in jail while awaiting trial.”

Pa. couple seeks new trial in Russian son’s death
[Huffington Post 12/2/11 by Associated Press]

Russia just commented AGAIN on the Cravers yesterday in Russia – Comment by Konstantin Dolgov, the Foreign Ministry’s Commissioner for Human Rights, Democracy and the Rule of Law, Regarding Violations of the Rights of Russian Children Adopted by Foreign Nationals

Also mentioned is the Michael Grismore/Ksenia case that the media has not updated for many months.
“Moscow is seriously concerned about the violations of the rights of Russian children adopted by foreign parents. Among the latest egregious cases: the death of seven-year-old Vanya Skorobogatov in the United States. We felt outraged by the unduly lenient sentence of a US court for the Craver spouses, who adopted him. The verdict is absolutely inadequate to the crime and its grave consequences. About 80 injuries were found on the child’s body, and forensic medical findings explicitly indicated: the child had been starved and beaten for a long time. We will continue to monitor this issue, in particular, the fate of Dasha, twin sister of Skorobogatov. We consider unacceptable her return to the family of the Cravers, which they are now seeking.

Currently in the United States another high-profile court case is underway against an American citizen, Michael Grismore, accused of raping his adopted Russian daughter Ksenia Antonova. His lawyers try to resort to various tricks, including the use of forged documents, in order to shield the accused. We hope that this time the American Themis will finally rise to the occasion and protect the violated rights of the Russian child in a proper manner, levying a deserved punishment on Michael Grismore.

We expect that the Russian-US agreement on cooperation in the field of international adoption now being prepared in Russia for ratification will help substantially improve the situation of adopted children from Russia in American families. This, of course, requires political will and readiness to cooperate on the part of the US authorities.

We also note the existence of certain problems with the safety and wellbeing of adopted Russian children in other countries. Currently, draft bilateral agreements with a number of countries are being elaborated, which, alongside the November 20, 1989 Convention on the Rights of the Child, aim to develop effective mechanisms for interstate cooperation to address issues arising in relations between parents and children in mixed marriages. Russia has already signed such agreements with Italy and France, as well as the US. We are working to consolidate this practice that has generally proved its worth. ”

Update: NOPE!

“Michael and Nanette Craver were back in York County Court Wednesday morning, where a judge refused to overturn their convictions and declined to reduce their nearly $100,000 in court costs.

A jury previously acquitted the former Carroll Township parents of murder, instead finding them guilty of involuntary manslaughter, two counts of child endangerment and conspiracy to commit all three charges. On Nov. 18, they were sentenced to time served, each having spent 567 days in county prison.

About three weeks ago, attorneys for the couple filed motions asking Common Pleas Judge John S. Kennedy to overturn the verdicts and grant new trials, arguing the convictions were against the weight of the evidence.

In court Wednesday, Kennedy denied those motions.

He also declined to reduce the Cravers’ court costs, which include prosecution fees of $98,058.68; each defendant is responsible for half that amount.

Defense fees: Kennedy said he wished state law would allow him to order the Cravers to pay the costs of their defense as well.

But because the Cravers were represented by public defenders and court-appointed counsel, they cannot be billed for defense fees, chief deputy prosecutor Tim Barker said.

“The taxpayers of York County should be reimbursed” for defense costs, as well as prosecution costs, Kennedy said. He noted the Cravers have earning potential, unlike many other defendants who will never be able to pay off their court costs.

Defense attorneys declined to say how much defense fees totaled, and that information is not available to the public.

Costs ‘unnecessary’? The Cravers’ attorneys argued some of the costs of prosecution were unnecessary and unreasonable.

Clasina Houtman, an attorney with Michael Craver’s defense team, argued that the prosecution’s forensic pathologist charged about $44,000 for his services — twice as much as the defense’s forensic pathologist.

But Barker and York County District Attorney Tom Kearney maintain the costs accrued, especially from medical experts, are the going rates.

Barker also described the prosecution’s case against the Cravers as voluminous and complex.

The Cravers declined comment as they left the York County Judicial Center. ”

Cravers’ manslaughter convictions stand, judge won’t reduce $98K court costs
[The York Dispatch 12/21/11 by Elizabeth Evans]

Update 2: “Moscow welcomes an American court ruling requiring that the former adoptive parents of Russian boy Ivan Skorobogatov and his twin sister Dasha, be deprived of their parental rights.

“We welcome the American court ruling to deprive the Craver couple of their parental rights to Darya Skorobogatova. This decision is correct. But it is too soft for the Cravers, who are guilty of their adopted son Ivan’s death,” the Russian Foreign Ministry’s commissioner for human rights, Konstantin Dolgov, wrote on Twitter on Monday.

“The girl’s psychologists said that Dasha’s condition has improved and she is feeling much better in her guardian’s family,” the Russian diplomat said.

The Russian Foreign Ministry is closely following the girl’s life in Pennsylvania, Dolgov said.

Ivan Skorobogatov’ death in 2009 caused a public outcry. The cravers were accused of killing their adopted son and they were arrested in February 2010. The boy died because he was beaten and malnourished, prosecutors said.

Following long-lasting scrutiny, an American jury found the evidence provided to be insufficient for charging them with premeditated murder. They were found guilty of manslaughter and sentenced to 16 months in jail instead. The sentence was sharply criticized in Russia.”

Decision to deprive adoptive U.S. family of parental rights too soft – Dolgov

[Russia Beyond the Headlines 5/6/13]

Previous Nathaniel Craver posts here.

 

REFORM Puzzle Pieces

Update 3/July 16, 2013: This time Michael gets partial expungement of counts that he was acquitted of. The crimes that he was convicted of remain on his record.

“A Pennsylvania man who was found guilty of the involuntary manslaughter of his adopted Russian son in 2011 successfully petitioned a judge to expunge part of his record, the York Daily Record reported.

Michael Craver, 48, and his wife Nanette Craver, 57, were convicted of manslaughter following the death of their adopted 7-year-old son Nathaniel from bleeding on the brain in 2009. Authorities accused the couple of causing the boy’s death via abuse and neglect, and had sought first and third degree murder charges and two counts of criminal conspiracy, but the jury acquitted the couple on those charges.

Craver and his wife were sentenced to 16 months in jail but were released for time already served. Craver’s attorney told the judge that her client was struggling to find work to pay the $58,381 incurred in fines and trial costs, and asked him to expunge the murder and conspiracy charges. The judge agreed to expunge the murder charges, but kept all the others, the paper reported Monday.”
US Father of Dead Russian Adoptee Fights to Have Charges Expunged

[RIA Novosti 7/16/13]

“Michael Craver is having trouble finding a job to pay the $58,381 he owes in fines, court costs and prosecution fees, his attorney, Clausina Houtman, said.

Monday in York County court, Craver, 48, asked Judge Craig T. Trebilcock to expunge the murder and conspiracy charges that remain on his record.”

 

“”It has been difficult for him to obtain decent employment,” First Assistant Public Defender Clausina Houtman said Monday of the murder charges that remain on Craver’s record.

With no opposition from the commonwealth, Trebilcock said he would sign a partial expungement order.

Craver’s convictions for involuntary manslaughter and two counts each of endangering the welfare of children and criminal conspiracy will remain on his record, Houtman said.

Craver has a legal right to petition to have the charges on which he was acquitted expunged from his record, she said.

Nanette Craver, 57, also convicted of involuntary manslaughter and owing $58,573, has not filed a request for partial expungement, according to her court docket.

The Cravers each were sentenced to 16 months to four years and five years of probation. They spent almost 19 months in custody without bail while facing murder charges and were released on time served.”

Judge OK’s expunging charges Michael Craver was acquitted of

[York Daily Record 7/16/13 by Rick Lee]