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Father on Trial for Defending Son

September 30, 2010 permalink

Father John Cervini of Tecumseh Ontario is on trial for obstructing police. He tried to defend his family when police and children's aid showed up to take his baby son. Mr Cervini was uncivil and had to be subdued with pepper spray and blows to his knees.

To help you think of this dad as a monster, he is described as a convicted sex-offender for an act involving a person under 16. Doesn't say whether it was for forcible rape or for taking an innocent picture of his baby daughter in the bathtub. You are not supposed to notice that a dad is being punished for exercising the normal responsibilities of fatherhood.



Windsor area sex offender deemed threat to infant son on trial

John Cervini
John Cervini holds an umbrella in front of his face as he leaves Ontario Court of Justice with family members including his son, left, Tuesday September 28, 2010.
Photograph by: Nick Brancaccio, The Windsor Star

WINDSOR, Ont. — A convicted sex offender is on trial facing a charge of obstructing police for allegedly trying to stop OPP and the Children’s Aid Society from taking away his infant son.

Tecumseh resident John Cervini, 41, was in court on Tuesday.

The court heard that Cervini’s criminal record — which includes offences involving a person under the age of 16 — led CAS to determine that his baby boy was in immediate need of protection.

“We had several concerns regarding his history,” testified a CAS worker.

The apprehension took place on July 20, 2009. Members of OPP and CAS went to Cervini’s home in Tecumseh. They arrived to find Cervini outside the residence, according to testimony from Crown witnesses.

One CAS worker testified that Cervini told them the baby and his mother were not there.

“I remember he was very aggressive, very challenging and very rude,” the witness said.

“He was saying, ‘I’m gonna sue you if you try to go into my house.’

“He was demanding to see the warrant.”

Another CAS worker testified she heard Cervini say: “You’re not taking my son. You’re not getting in.”

Police who were at the scene testified that Cervini argued with an officer, then stood in the way of the home’s side door with his arms outstretched.

“He was visibly upset,” said Const. Keith Daynes of Tecumseh OPP. “Obviously, emotions were running high.”

According to other Crown witnesses, Cervini was told that he’d be arrested if he continued to interfere. “It was very clear,” said a CAS worker.

When Cervini allegedly persisted in his obstruction, three OPP officers moved to arrest him while Daynes entered the house to locate the baby.

The court heard that Cervini was brought to the ground, but he allegedly refused to give up his arms for handcuffing.

Officers testified that they used pepper spray and delivered knee strikes to make him comply.

Daynes testified that he found the child in a crib, picked him up and removed him from the scene with a CAS worker.

Defence lawyer John Liddle questioned Crown witnesses on the warrant — which had not been obtained at the time of the apprehension.

The CAS workers testified that the agency does not need a warrant if it’s determined that a child is in immediate need of protection.

“In our job, there are cases where we do apprehensions without a warrant,” one worker testified.

Through his cross-examinations, Liddle questioned the sequence of events that led to his client’s arrest, and the stated reasons for removing the baby.

“The Children’s Aid Society has a very negative view of Mr. Cervini, doesn’t it?” Liddle said.

A CAS worker replied that the agency’s concerns are based on the facts of Cervini’s file.

Justice Lloyd Dean noted that the court makes the final decision to take away children from a parent or guardian.

The trial is expected to continue at a future date with testimony from witnesses for the defence.

The future date has yet to be determined.

Cervini is not being held in custody.

Upon seeing a photographer outside the courthouse, Cervini tried to hide his face with an umbrella and shouted expletives.

He is currently under a court-ordered prohibition from being anywhere someone under the age of 16 can be expected to be present — such as public parks, public swimming pools, daycare centres, school grounds, playgrounds and community centres.

Source: Windsor Star