Captain Bret Alan Smith Part 5: Still No Trial Update: He Plead Guilty

[Jess]

On 11/20/2018 at 3:35 PM, browngrl said:

Maybe someone who is a lawyer/has experience with the law in this area can chime in to tell me if I'm off base or not but I highly doubt the Smiths put their children in public school because they wanted to. I suspect that they were forced to do so by authorities. In any case I am glad of it. At least now the children will get to see how others live. 

 

On 11/21/2018 at 1:36 AM, EmiGirl said:

I know nothing of family law, but I wasn't aware the government could order someone to send their kids to public school.

The government can't order you to public school for no reason. States have different laws ranging from yearly testing and curriculum requirments (I think cali requires you be associated with a charter school but not 100% on this) to sending in a letter and taking attendance. No idea what the Smiths state requirments are. However, as part of the legal problems they may have been given a case plan, part of the case plan could have been educational testing, which could have shown very big gaps. This could easy lead to them being put in school as kinda a plea deal/compromise to keep custody. Or they could have just checked out on parenting and put them in because they can't be bothered. Not the first adoptive family I would know of to do similar things. There is no way to know, if it is a case plan even the Smiths might not be able to talk about it.

20 hours ago, lexiloumarie said:

I'm hopeful that this was part of terminating his parental rights - he doesn't deserve to be connected to those children beyond the genetics. Considering the charges it wouldn't surprise me even slightly if they were able to convince a judge to do it especially in a rural southern district where protecting the women and children from evil would go over well. My only hope is that they never push Katie to marry again unless she wants to. 

 

9 hours ago, picklepizzas said:

Seems like it’s news to the smiths if she did change the kids’ names - Jackie seemed confused in her reply to that comment. 

Idk, I’m personally not too hopeful that parental rights were terminated. One main takeaway from a family law class I once took was that it’s damn hard to lose your parental rights in this country, even if you’ve lost custody. There’s a real bias towards the parent’s rights and well being rather than the child’s, imo. 

I hope his rights are terminated as well but like picklepizzas I am skeptical. It's so incredibly hard to terminate parental rights it's very very very rare to do it when it's one parent terminating on the other. Successful cases are pretty much always the state terminating for abuse neglect, or extended family terminating to adopt like grand parents or a step parent. 

27 minutes ago, DangerNoodle said:

They are so cringy to watch. Do they really think it's helping to publicly call their kids self-righteous, on the side of Satan and declaring they will go to hell if they don't reconcile with their brother? They are digging the hole deeper, keeping the wound open and fanning the flames right in front of us. Do they think their grandkids are going to be on their side after they talked shit about their parents on Facebook? No, they're going to grow up knowing about these crazy grandparents that sided with the rapey brother.

I think they want to guilt/shame them back into compliance and they seem to really not get that they have don't anything wrong.

[Coconut Flan]

5 hours ago, Jess said:

I think cali requires you be associated with a charter school but not 100% on this

California has several options.  This is only one of at least five.

[RosyDaisy]

They are so cringy to watch. Do they really think it's helping to publicly call their kids self-righteous, on the side of Satan and declaring they will go to hell if they don't reconcile with their brother? They are digging the hole deeper, keeping the wound open and fanning the flames right in front of us. Do they think their grandkids are going to be on their side after they talked shit about their parents on Facebook? No, they're going to grow up knowing about these crazy grandparents that sided with the rapey brother.

THIS! These crazy-ass people need to keep this shit off social media. It's disgusting, and not helping anyone...most of all the victims.

[nelliebelle1197]

On 11/25/2018 at 10:01 AM, Jess said:

 

I hope his rights are terminated as well but like picklepizzas I am skeptical. It's so incredibly hard to terminate parental rights it's very very very rare to do it when it's one parent terminating on the other. Successful cases are pretty much always the state terminating for abuse neglect, or extended family terminating to adopt like grand parents or a step parent. 

I think they want to guilt/shame them back into compliance and they seem to really not get that they have don't anything wrong.

Um, Alan sexually abused his kids. That can get his rights terminated in a flash.

 

Also, Georgia does not have strict requirements on homeschooling other than students passing state mandated tests.

 

[Jess]

15 hours ago, nelliebelle1197 said:

Um, Alan sexually abused his kids. That can get his rights terminated in a flash.

 

Also, Georgia does not have strict requirements on homeschooling other than students passing state mandated tests.

 

You would be surprised how that would not in fact get his rights terminated. It would lead to no visition (and I even know if cases where it just got supervised visition). Should it make it easy to terminate rights sure does it in practice no.

[JermajestyDuggar]

Can someone remind me how much time Alan is supposed to serve? I can’t remember. 

[Mudgie]

If one of Katie's kids changed their name, I sincerely hope it's the boy that's named after his Father and Grandfather. If that's true, then good for Katie for doing it.

[Bethella]

12 hours ago, JermajestyDuggar said:

Can someone remind me how much time Alan is supposed to serve? I can’t remember. 

He was sentenced to 8 years and 10 years. With credit for time served in jail before sentencing, his maximum possible release date is July 24, 2020. 

[NachosFlandersStyle]

1 hour ago, Bethella said:

He was sentenced to 8 years and 10 years. With credit for time served in jail before sentencing, his maximum possible release date is July 24, 2020. 

Does that mean earliest release date or latest release date? That would be the date he hits 4 years including time served, right? 

[hoipolloi]

He was sentenced to 8 years and 10 years. With credit for time served in jail before sentencing, his maximum possible release date is July 24, 2020. 

Thank you.

Looked at the GA sex offenders registry but didn’t see him listed. Did I miss it or could he not be listed?

[Bethella]

23 minutes ago, NachosFlandersStyle said:

Does that mean earliest release date or latest release date? That would be the date he hits 4 years including time served, right? 

Yes, that is when he hits 4 years. It is his latest release date, he could get out earlier for good behavior.

18 minutes ago, hoipolloi said:

Thank you.

Looked at the GA sex offenders registry but didn’t see him listed. Did I miss it or could he not be listed?

I’m guessing he doesn’t have to register until he’s released.

[luv2laugh]

Alan will be forbidden from seeing the kids right? I’m so disgusted that he will be free very soon. 

[JermajestyDuggar]

That’s so soon that makes me sad. None of his children will be grown by then. 

[fundiefan]

The legal system confuses the heck out of me. If he got 8 & 10 years, with time served, how does that equal mandatory release after 4 years? 

I'm not questioning what's said - I just don't understand it. 

Edited because I can spell. 

Edited November 28, 2018 by fundiefan

[RosyDaisy]

Four years for molesting children isn't long enough. There should never be parole or time off for good behavior for certain crimes.

[Bethella]

3 hours ago, fundiefan said:

The legal system confuses the heck out of me. If he got 8 & 10 years, with time served, how does that equal mandatory release after 4 years? 

I'm not questioning what's said - I just don't understand it. 

Edited because I can spell. 

It’s a split sentence, the first half is served in prison (and jail with time served) while the second half is on probation. But he will also be eligible for parole after serving 1/3 of the sentence. 

https://www.thenyelawgroup.com/in-georgia-can-i-get-out-of-jail-earlier-than-sentenced/

[Briefly]

11 hours ago, fundiefan said:

The legal system confuses the heck out of me. If he got 8 & 10 years, with time served, how does that equal mandatory release after 4 years? 

I'm not questioning what's said - I just don't understand it. 

Edited because I can spell. 

It is probably a percentage based system.  In Tulsa county, the last time I had jury duty it was explained that a sentence of any number of years would usually mean about 85% being the actual time served.  But good  behavior might knock of more time.

[albireo]

Has anyone else looked at Alan's information on the Georgia Department of Corrections site recently? He has a bunch of new convictions (aggravated sexual battery, cruelty to children, and child molestation) from June 2016, and his new maximum release date is December 18, 2048. He's being held in Wheeler Correctional Facility. The search results aren't linkable, but here's the search page: http://www.dcor.state.ga.us/GDC/Offender/Query

Looks like he could be away for a long, long time now. Thank goodness. I hope Katie and the kids get a chance to heal.

[ophelia]

Wow! This gives his victims the chance to heal and grow up. Can't wait for the Captain's next rant about his golden son und PERSECUTION!

[picklepizzas]

Interesting that the new charges are in a different county, and the commit dates on the new crimes are almost four years after the commit date on the older ones. So he was doing this shit for years and years. Maddening. 

[Lurky]

Wow, so this is what the Mortons were vaguebooking about recently?  About things being hard for Katie, but they were proud of her?

I'm very, very glad he's going away from a long time, because the initial sentence felt way too short.  But I wish the FJers who were were smugly admonishing us that he was most likely not guilty/it was probably a child being coached or confused etc, or someone who was 16 and consenting, but had a grudge, etc etc would come back and admit they were wrong on this one, AND on the Toby Willis case.

ETA Does anyone with access know how Captain Brett and Jackie are taking this?  Have they admitted he really is a vile sex offender yet?  The timeframe and the severity mean this isn't some one off thing he gave into "tempation" and then regretted - it's an evil, persistent, ongoing pattern.  Ugh, I hope he rots in jail forever.

Edited March 1, 2019 by Lurky
SOTDRT is infectious

[Lurky]

If any admin/helpmeet is reading this, is there any way to get this thread back onto the frontpage of Quiver Full of Snark?  It's important that this is publicised, because Alan got away with it for way too long, and if Captain Brett Smith had his way, no one would ever know about it.

[Coconut Flan]

Please send a report or a PM next time instead of a post in a thread we may or may not read.  Thanks!

[Lurky]

Just now, Coconut Flan said:

Please send a report or a PM next time instead of a post in a thread we may or may not read.  Thanks!

Thanks!  I PMed an admin as well, but I didn't want to report it, as that feels like saying "this is a negative post/thread" - but I'll do that next time.

[WhatWouldJohnCrichtonDo?]

12 minutes ago, Lurky said:

Thanks!  I PMed an admin as well, but I didn't want to report it, as that feels like saying "this is a negative post/thread" - but I'll do that next time.

I report minor stuff like posts that accidentally repeat themselves fairly often. It doesn't seem to cause a problem. I'm sure an admin or helpmeet would let me know if it did.