Doehms To Court For Child Cruelty, DPP Fights To Get Them Remanded

Tonight, after 8 days of being investigated for the death of their daughter, the Americans David and Anke Doehm are at the Belize Central Prison.

They were arraigned this evening before Chief Magistrate Ann Marie Smith on the charge of "cruelty to a child". DPP Cheryl-Lynn Vidal has reviewed all the evidence that the police have gathered in the questionable death of 13 year-old Faye Lin Cannon, and she is convinced that her office can prove that the child's parents were criminally negligent in their care of her.

It's the first offense that they're facing, which holds them somehow responsible for Faye Lin's death.

And to ensure that they would be remanded, DPP Vidal appeared for the arraignment of the couple. Both she and defense attorneys Ellis Arnold and Dickey Bradley fought to see whether they would be remanded or released on bail. Our news team was at court for the arraignment, and Daniel Ortiz has that story:

Daniel Ortiz reporting
This afternoon, after 7 days in detention, David and Anke Doehm were brought to the Belize City Magistrate's Court to face the first criminal charge for the death of their daughter, 13 year-old Faye Lin Cannon.

They were arraigned and remanded on the offense of cruelty to a child. The prosecuting authorities freely acknowledge that at this time, there is not enough evidence to substantiate a charge of murder against the husband and wife.

Cheryl-Lynn Vidal - Director of Public Prosecutions
"We do not unfortunately at this time have sufficient evidence to charge anyone with actually causing the death of Faye Lin, but we didn't think that it was appropriate for us to ignore other charges that could have possibly been laid and one of them certainly "cruelty of a child" and so we decided that while the investigation into the death is ongoing, we would nonetheless proceed with this one since we have sufficient evidence to prove this charge."

And that leads the defence attorneys to believe that "cruelty to a child" is an attempt to keep the Doehms locked up while the police try to gather sufficient evidence to bring the murder charge against their clients.

Dickie Bradley - Attorney for David Doehm
"You did hear Ellis Arnold kind of joke it off, but also made an issue of it that the police are usually nowadays getting involve in putting a holding charge. We were saying that perhaps maybe they are trying to see if they can find information for a more serious charge and has brought this charge and the reason they are asking the court to hold on to them is in the hopes that perhaps they will be able to get some further information in their investigation."

But, the DPP says not so. There is sufficient evidence that the couple neglected the health of Faye Lin, and that's why they are now accused of that.

Cheryl-Lynn Vidal
"Because there is a primary investigation in relation to the killing of a child, does not mean of there is nether evidence in relation to the offence that police are going to act. We don't very often see this degree of criminality. The observations section of the post mortem report reads like a horror story and the doctor says, of course with a caveat that we don't want to try the case here, but that he observed fresh injuries, old injuries and all of them significant injuries. When interviewed under caution, both persons admitted to knowing of injuries being sustained by the victim. We cannot at this stage say that they caused those injuries, but they were aware of injuries. They were of the view that she was suffering from a certain illness and in all that time they never took her for any kind of medical treatment. In all that time they never took her to a doctor to be diagnosed. Instead they decided to administer valium to her and to perform some Japanese healing technique on her and the extend nature of the injuries I think definitely in light of the fact that they were the persons who were responsible for taking care of this child, amount to tremendous neglect of their part."

Both sides argued strenuously to try to convince Chief Magistrate Ann Marie Smith why she should grant or refuse bail. In the end, she considered the submissions from both sides and determined that the couple is a flight risk, and should be remanded.

The defense attorneys say that this is a set back, but they will redouble efforts at the Supreme Court with an application for bail there.

Dickie Bradley
"You know the Supreme Court has granted bail to other persons who have had far more serious allegations than neglecting a child, so that we have said from the outset and we advised the two accused persons that it is a matter that should best be dealt with at the Supreme Court level. So the matter of their freedom goes to the proper place which is the Supreme Court that upholds the freedom of everybody who is charged on allegation and can satisfy the court that we have no reason to get up and run."

And the DPP's Office, anticipating this tactic, will maintain a strong objection to both accused being admitted to bail.

Cheryl-Lynn Vidal
"Without a doubt. We honestly believe that they are flight risk. Given all of the circumstances that I would have outlined in court today and the situation will not change if the matter is before the Supreme Court instead of the magistrate court and we intend to continue our objection to them being admitted to bail."

"The investigation in relation to the death of Faye Lin in ongoing. You know that most often you hear from me when I am ranting and raving about the police, but I cannot say anything unfavorable in this case. They consulted with us as earlier as it was possible for them to do so and I really feel as though they are investing a lot of time and energy into this investigation and doing everything that they can possibly do. So the fact that we have not been able to lay a charge for the death of Faye Lin, is not for want a proper investigation by the police."

Notably that was the first on camera interview that DPP Cheryl-Lynn Vidal has granted us since 2008. She told us that even though the community of San Pedro has been protesting the death of Faye Lin, they have also been very helpful by providing witness statements that have assisted the police.

Ultimately, Chief Magistrate Ann Marie Smith decided that David and Anke Doehm are a flight risk, and so, she couldn't granted bail. They have been remanded until August 24, where they will be taken back before the San Pedro Magistrate Court. Partial Disclosure is expected to be done in October.

Original Adoptive Father Wants Custody Of Faye's Sisters

So, while Faye and David Doehm are at the Prison, the 3 other adopted daughters are in the care of the Ministry of Human Development, which is being assisted by the US Embassy.

We have learned that their adoptive father, David Cannon, is in Belize, and he is trying to gain custody of the girls, insisting that he can provide better care for them. He shares parental rights with Anke Doehm, and at this point, he is only allowed visitation. David Doehm is the adopted stepdad to the children, and with the death of Faye Lin, the original adoptive father believes that he should have full custody of the children.

Today, his attorney spoke with the press about his attempts to get full parental over the children:

Roberta Magnus-Usher
"Well I think first and foremost is that he wants to find out what is happening with his girls and he wants to ensure their welfare and the burial of his child, the child how has died. He is very disturbed by all that has happened and he is willing and cooperating with everyone for the best interest of his children and wants of course to get the custody of the girls."

Reporter
"Ma'am has he indicated to you when was the last time he saw them or at least Faye Lin?"

Robertha Usher
"Well he lives in the United States so he is only able to come on weekends that he has visitation and he travels as often as he can to Belize to get to see the children."

Reporter
"Did he speak to you about ever getting complaints from Faye Lin of maybe abuse - verbal, physical or sexual abuse, at any point?"

Robertha Usher
"No, no. This is very…one of the things that we have to be aware of is that there is an ongoing investigation. So this is very sensitive at this time and he wants to cooperate with the authorities, so there is not much that we are willing to say at the point. All that he is willing to do and say is that he is here for his girls; he is here to protect them and he is here to play the role of the father in their lives. He is the father with legal rights."

Reporter
"So has he seen the other three girls that are under the order of care?"

Robertha Usher
"I'm not at liberty to say anything much about that right now. Unfortunately….I will say this, Human Services has played a very active role so far and we are cooperating with them for the time being."

The Ministry of Human Development is allowed to keep temporary custody of the children for the next 3 months.

Channel 7