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Judge Finds Rose Chacon Guilty of Slander

Sentences her to 20 months in Prison and orders her to retract all of her statements.

Read Court Documents

Translation to English:

PRONOUNCEMENT

By way of the above considerations, imposing justice on behalf of the Nation, the Judge of the Seventh Criminal Court of the Superior Court of Justice of Lima.

BREAKDOWN:

1. DECLARING: UNFOUNDED the blemish presented by the Defendant by means of a letter of 360 against the judgment issued regarding the custody of Adrianna Kent and the archiving of the wrongful touching case issued by the justice of the United States.

2. DECLARING: UNFOUNDED the exceptio veritatis raised by the defense of the complaint by means of letter 764.

3. DECLARING: UNFOUNDED, the exception of the nature of action.

4. DECLARING to ROSE MARY ANN CHACON CASTANEDA author of commission of the crime against Honor – Aggravated defamation to the detriment of Dustin William Kent.

5. TO HER IS IMPOSED A YEAR WITH EIGHT MONTHS OF PRIVATIVE PENALTY FROM FREEDOM, the same is suspended in its execution for the term of ONE YEAR, under the fulfillment of the following rules of conduct:

A) the prohibition of leaving from the place of residence without previous Judicial authorization,

B) To appear every 30 days at the location of this venue, in order to give an accounting of their activities and sign in the Register of Biometric Control.

C) Do not return to commit a criminal offense

D) Repair the damage caused to the complainant through the payment of the Civil Repair within 6 months of the present issued sentence.

E) The sentenced should rectify the facts that are material to the present process by categorically influencing through showing the falseness of the aggravating information that affected the honor of the complainant, disseminating them by the same means of communication and number of days that she propelled the offensive information.

All these rules of conduct must be complied with by the convicted Chacon Castaneda, under the warning that in case of non-compliance, proceed according to what is established in Article 59 of the Penal Code.

6. IT IS IMPOSED 190 DAYS-FINE at the rate of 10 soles for each day fine, which makes a total of one thousand nine hundred soles (I, 900) that must be deposited in favor of the Public Treasury within ten days of being issued the present sentence, according to article 44 of the Penal Code.

7. IT IS SET in the sum of THREE HUNDRED THOUSAND SOLES (300,000) for civil reparation that must pay THE SENTENCED CHACON CASTANEDA in favor of the aggrieved Dustin William Kent.

8. MANDATE that consented or executed the sentence in the inscription of the conviction Chacón Castaneda in the respective registers. It should be read in Public Act. Take reason and make to known.

 

 

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Dustin Released from Prison

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24 September 2016

After spending seven months in detention without a sentence, the US citizen Dustin Kent and his friend Kevin Critchley were released yesterday from the maximum security prison, Miguel Castro Castro.  They had been accused of kidnapping his own daughter in San Borja.

Dustin Kent said “he did not commit the crime of kidnapping because he has custody of his daughter and only came to Peru to take her home. He stated that he will remain in Peru until the investigations are completed, because he is innocent and will prove it to the judge.

Read Full Article: http://www.elpopular.pe/actualidad-y-policiales/2016-09-24-poder-judicial-norteamericano-y-amigo-abandonaron-ayer-el-penal

Image Copyright: elpopular.pe

Judge orders Dustin Release from Prison

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24 September 2016

Criminal Judge of Lima, Lorena Alessi ordered the release of US citizen Dustin William Kent who was accused of kidnapping his youngest daughter Adrianna five years in San Borja in February and ordered his ban from leaving the country until the investigation into child abduction is complete.

Judge of the 10th Criminal Court of Lima ordered the release of the American, after changing the type of criminal offense of aggravated kidnapping to child abduction, after determining that he is her father and has full custody of his daughter since April 24 2015, by the Court of California of the United States.

Therefore, the judge stated that Dustin Kent did not commit the crime of aggravated kidnapping and ordered the release of his friend the British Kevin Critchley also imprisoned in the maximum security prison Miguel Castro Castro.

Criminal Judge of Lima, he varied the custody for conditional appearance with rules of conduct, ordered the prohibition to leave the country and pay a thousand soles for bail in order to not shun away from justice and that must be paid within 15 days.

Another of the rules of conduct they must meet is not to change their address without prior notice of the judge, promptly attend all the summonses to be made in this process, not leave the territory of the Republic without notice of the court and attend biometric registration every 30 days in order to give for their activities.

Dustin Kent’s lawyer, Sandro Monteblanco Marquez requested the release of his client claiming that a person can only remain in prison when the sentence is more than 4 years and the crime of abduction is a penalty of two years imprisonment.

Also, the head of the 10th Criminal Court of Lima changed the charge, because the prosecution did not present enough evidence to accuse the US citizen for the crime of aggravated kidnapping.

 

Read Full Article: Dustin Kent Released from Prison

Dustin Granted Full Custody in Peru

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22 July 2016

Judiciary: US citizen Dustin Kent granted full custody of his daughter in Peru.

The Second Specialized Family Court of Lima granted exclusive legal and physical custody of the five-year-old minor Adrianna to her father, the American citizen Dustin William Kent, who is being held in the Miguel Castro Castro maximum security prison, accused of kidnapping his daughter in San Borja last February.

This order was ordered within the Exequatur process that was in the Second Family Court of Lima, where Dustín Kent requested that Peru recognize the foreign judgment of the Superior Court of the State of California, County of Los Angeles, Northwest District. Van Nuys, United States, which resolves to hand over custody of his daughter with the initials Adrianna on April 24, 2015.

The resolution adds that the hearing for judicial action and declaration was then held, a procedure attended by the lawyer Sandro Monteblanco Márquez on behalf of Dustin Kent and incurred by Rose Mary Ann Chacón Castañeda.

Therefore, the Family Court concluded that the purpose of the Exequatur process is not the reexamination of what has already been judged, nor the analysis of the process itself, but rather the verification of formal compliance with the homologation requirements that Peruvian law establishes for its concession.

In this way, the senior judges of the Chamber, Elvira Alvarez Olazabal, Jorge Plasencia Cruz and Nancy Eyzaguirre Gárate, declared the lawsuit – filed by the American citizen Dustin Kent – founded and consequently the sentence issued by the Superior Court of the state of California on the 24th of April 2016 has a force of a national sentence. And they ordered that this resolution be approved or enforced.

Dustin’s lawyer, Sandro Monteblanco, said that “with this resolution his client is being proven right and he came to Peru to recover his daughter and never kidnapped her, while Rose Chacón Kent brought her daughter illegally without authorization from the Judicial Branch of the United States and did not go to the Lima Court to appeal or request custody of her daughter”.

Read Full Article: http://www.elpopular.pe/actualidad-y-policiales/2016-09-21-poder-judicial-ciudadano-estadounidense-gano-tenencia-de-su-hija

Download Custody Orders

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July 2016 Case Update

Dustin was granted custody of Adrianna this week! Dustin is one step closer to being reunited with his daughter. Peru recognized his U.S. Court Orders as legal and binding in Peru! ‪ There was a hearing in Lima for Dustin’s “Recognition of Foreign Sentence” where the judge ruled that Dustin’s custody orders from the Superior Court in California are valid in Peru. We are waiting to find out from the State Department exactly what that means in terms of Adrianna coming home to the USA.

A couple of months ago, Dustin filed a slander suit against Rose. She has lied to the police and the media about numerous things that have put him in prison, hurt his reputation and could impact his career as a nurse. She did this with clear understanding and knowledge that these were outright lies! Dustin has gone through the motions of proving this to a judge in Peru. They both went through the process of testifying before the judge and the motions are complete. The hearing is now concluded and we are waiting for the judge to make a ruling. This can take days or weeks in Peru but we will keep you updated. This is a criminal case in Peru that could put Rose in prison for up to 3 years.

Another open case that Dustin has against Rose is psychological abuse of him and Adrianna by abducting Adrianna and separating their father daughter bond. This is still in early stages and Dustin is waiting to testify in this case.

There are other cases still open and pending in Peru, the most important of all being the false kidnapping charge by Rose. A favorable outcome of the slander suit will benefit Dustin in the kidnapping case.

Thanks for all your prayers and support of Dustin. He is innocent and deserves to be with his daughter. We hope to see him free soon!

A Letter from Dustin Kent’s Lawyer – Sandro O. Monteblanco

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Hello everyone,

Sandro O MonteblancoMy name is Sandro Monteblanco and I am the Managing Partner of Monteblanco & Associates, LLC, as well as Senior Counsel in charge of Dustin Kent’s defense.

Ordinarily, I do not write personal opinions in posts or boards or any social media in general, in fact, I stay away from social media for the most part in order to safeguard my privacy. However, in this case, I will happily make an exception and I will proceed to explain my reasons:

I’m originally from the Pacific Northwest but I have been practicing criminal law for many years in Peru now and in my practice, we have been counsel for plaintiffs as well as defendants in a plethora of charges and offenses. Now while most lawyers would like to believe that they only defend the innocent, the reality is that most our clients are as guilty as they come, and at $500 an hour, its easy for us lawyers to exert that defense to the best of our ability.

However, every now and then, across our practice comes a client that stands out from the rest, a client that is actually a decent human being, a person who’s life story is not only moving but also compelling, a person who’s story manages to draw-in Partners, Sr. and Jr. Associates, law clerks and even the paralegals of the firm in a most unprecedented way. In our case this person has been Dustin Kent.

Folks, lets start from a simple fact that a grave travesty of the law is currently taking place in Lima, Peru and this is expressed through the arrest and wrongful incarceration in a maximum security prison of two innocent men; Dustin Kent and Kevin Critchley. My firm spearheads their defense and over the last three and a half months, we have gone through hundreds of pages of material and thus far, we have come across nothing but overwhelming evidence that proves beyond one spec of doubt that Dustin is a mere victim, a victim to a horrendous lie perpetrated by a pathological, narcissistic individual with such capacity of evil that she has schemed a carefully orchestrated plan to go from an illegal alien status to the ultimate goal of reaching US citizenship and it did not matter how many lives she needed to destroy in order to get what she wanted for her and her posse.

Dustin was granted the sole custody of his daughter and he believed the order had enough reach that would allow him to come to Peru and take his daughter, which is what he did. The horde of lies that came thereafter, led to the charges of kidnapping, because in a treacherous scheme, the plaintiff said two “foreign” men kidnapped her daughter, thus facilitating the kidnapping charges, and because it involved a minor, it becomes aggravated kidnapping.

Sandro O Monteblanco Office FilesWe are now at a point where we are making achievements albeit slow but achievements nonetheless. We unfortunately have to deal the lethargic nature of the legal system of an immense backlog that as you can see from the picture taken at Dustin’s kidnapping court, miscellaneous files are randomly piled on the floor, on the chairs and against the walls because there is no more room for them in central filing. Each one of those piles represents a person’s life, the life of their parents, spouse and children of that person who is most likely sitting in a prison awaiting a chance for his voice to be heard, a voice that often goes unheard.

In a nutshell folks, if you want to do some tourism or if you are a foodie, Peru is a great country to visit, but pray to GOD that you never have to face legal quarrels in the courts of this country. The courts of Peru are —for the most part— corrupt beyond repair, but there are however some judges and prosecutors that truly strive to uphold the honor and ethics that being an operator of the court bestows upon them, and they are willing to face and fight the beast of corruption regardless of what that may mean to their professional careers and we believe that in some of our cases, we have managed to find those blessed individuals.

Dustin and Kevin are looking at spending the next 35 years in prison but rest assured that my team and I will not let this happen. We are good at what we do and we are passionate about how we get things done.

If you have any questions about the case or would like to talk to me directly, feel free to reach out and I will be more then happy to respond.

God bless all of you who support the families in this terrible ordeal and may we reach the much-needed justice Dustin and Kevin deserve.

Sandro O. Monteblanco, Esq.

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