There is a horrific story out of Michigan where a couple, Scott and Jennifer Petkov, are accused of a cruel campaign targeting a seven-year-old girl, Kathleen Edwards who is dying from Huntington’s disease. The Petkov’s allegedly posted pictures showing Kathleen’s mother (Laura Edwards, who died of the disease last year at the age of 24) in the arms of the grim reaper and photo shopped a picture of Kathleen with her face above a set of crossed bones. The story (which has gone viral internationally) raises questions over the possible civil and criminal liability for such actions.
Jennifer Petkov is accused of some of the most outrageous acts and raises the same social and legal questions surrounding Lori Drew in the case of Megan Meier.
Reports allege that the Petkovs began a campaign of harassment after they asked if their children could come over to a birthday party for Kathleen. When there was no immediate response, according to the Rose family, the Petkovs turned nasty and started saying horrible things about the dying girl.
In addition to the pictures, the Petkovs allegedly drove their truck named the “Death Machine” up and down their street honking their horn. They later left the truck festooned with coffins in front of the Rose house (though they insisted it is just a Halloween decoration).
Witnesses say that the couple routinely laughed at Laura and her daughter for the neurological disease that causes involuntary writhing movements.
One of most upsetting statements attributed to the Petkovs was their telling Kathleen directly “I can’t wait until you die.” Jennifer Petkov is quoted as admitting that she continued the campaign for “personal satisfaction” and “because it burns Rebecca Rose’s ass raw.” Rebecca Rose is the mother of Laura and grandmother of Kathleen.
Kathleen’s father reportedly begged the Petkovs to stop, asking them ” ‘Just leave us alone; that’s all we want. Don’t make any more comments about our daughter.”
Scott Petkov and his wife have now apologized. Scott Petkov described how his wife’s “brutal honesty” has caused his family to “not get along with a lot of people.” For her part, she now admits “What I did was ignorant and wrong.” Scott Petkov said that, after they posted the pictures on Facebook, he was suspended with pay from his job as a forklift repairman.
They cannot apologize in person because at the height of the harassment, the Rose secured a restraining order against them.
Here is Jennifer Petkov before she decided contrition as opposed to taunting was the proper response to public outrage:
The question is what criminal or civil liability the Petkovs could face. They have a constitutional right to be horrible people. However, their first amendment rights are limited in cases of harassment, stalking, and other crimes. The most obvious criminal charge would be any violation of the restraining order. Such orders generally do not include limitations on speech such as Facebook sites and public statements. The truck could be an issue if parked within the protected zone. I do not believe Michigan has a cyber-bullying statute. What I am unclear about is why the police did not pursue this as a child abuse case, if it is true that the Petkovs confronted the little girl. If that account is false, there remains the campaign directly against the little girl as a possible abuse or stalking case.
The most obvious course for the Rose family would be a civil lawsuit for intentional infliction of emotional distress. There is probably not an action for privacy violations here, such as intrusion upon seclusion or public disclosure of embarrassing private acts. Likewise, words alone are generally insufficient for assault. However, what is fascinating about the case is Jennifer Petkov’s admission that she wanted to harm the Rose family in taking these actions.
In the end, either criminal or civil claims run into the first amendment and the right of the Petkovs to say despicable things, even allegedly to and about a dying seven-year-old girl. This is strikingly similar to the claims in the pending Westboro case before the Supreme Court. Indeed, this drama was unfolding in Michigan at the very time that the justices were hearing arguments on the right of an extremist and homophobic church to say hateful things at funerals for fallen soldiers. I believe that the Westboro Church does have first amendment rights guaranteeing such protests as a general principle. The Westboro church appears to have complied with orders to confine their protest to a certain area that was separated from the family’s church and funeral functions.
The Petkov case could be different if they crossed the line in harassing this child and confronting the family directly. While Jennifer Petkov has been called “the Devil on Detroit Street” the devil will be in the details in whether she would be able to cloak herself in the first amendment to protect her hateful speech. We simply need to confirm the specific acts in the case to determine the viability of criminal or tort liability in the case.
Source: Daily Mail
Jonathan Turley
Everyone needs a place to vent. This is as good as any. Obviously we do not want any real harm to come to these people, nor fall out from any action to affect their children. We do not want to stoop to their level. But they have to be told that their actions are unacceptable and will not be overlooked. No slap on the hands.
Buckeye:
I would not want physical harm but certainly these people should be shunned. And you are correct, if they have children I do indeed feel sorry for them. They do not have good role models.
I would do none of what I wrote as an adult, but it was fun to rehash pre-high school days. Although as I wrote to Woosty sugar in the tank and turd in the brown paper bag were not in my bag of tricks.
You should see the comments on face book, those people are in mortal danger. the anger is amazing, this has really struck a chord with people. There lives are over for the foreseeable future.
Byron
I’ve never been into torches and pitchforks like some here seem to favor. How easily mob rule can form! I would prefer to see whatever will be safe for the children of both families occur.
Your ideas are very creative, though my favored plan for retaliation is missing. I’d tell you, but then it could be traced back to me if I ever have to use it. Like W C, I wouldn’t want to be on your bad side.
We actually had a “sugar in the gas tank” problem in a previous neighborhood, and it caused no end of trouble for all. It was a youngster who took his environmental consciousness too far when a bulldozer showed up.
These people need help and the children need help the most. I have no brief for the parents, but the innocents are being savaged, here.
blhlls has it right. Time for Prof. Turley to step in.
If you have a facebook page, join this group:
http://www.facebook.com/#!/group.php?gid=158176557536777
Jennifer & Scott Petkov
167 Detroit St (Sibley & W. Jefferson)
Trenton, MI 48183-1210
Her bosses name and number is:
Jack Doheny Office: 228-339-0024
kdd:
post it and lets all send nasty grams, in good taste of course.
if you want to help this little girl
https://treetowntoys.com/
there’s your link
those people will probably have to move and change their name after /b/ finishes with them, hopefully no collateral damage
if you are not familiar with /b/, here’s the best desciption I’ve read
“I kinda of look at /b/ as the junk yard dog of the internet. Bored, lonely, mean and half insane, but it does a good job of dealing with bad guys trying to come over the fence. But, every once in a while it gets off it’s chain and eats a mailman”
Fish! via Fark
more on /b/ if anyone is interested
http://en.wikipedia.org/wiki/4chan
OH they will pay……….the public will make them pay. They removed their facebook and myspace pages, but I got their home address off craigslist that someone posted……….;0)
I have a great idea. These people need to feel the pain.
Make it so bad living there that they decide to move. Then when a Realtor shows the house, tell the potential buyer to make a really low offer (lower than what is owed on the house). Between ostracism and finances, they should learn what their definition of freedom of speech means. My take of “running them out of town on a rail.”
blhlls,
OMG, THEY HAVE CHILDREN? Someone call Child Services!
I also agree with Mike – “They are mean, sadistic, crazy bastards who should be shunned socially by all.” Maybe if they couldn’t buy gas or groceries, and people would not talk to them, they might get the picture of how cruel they were. They don’t allow teasing and harassing in school, where were these people hatched?
As to “Freedom of Speech”: I don’t think that this is what our founding fathers had in mind when they wrote the Constitution. You have to remember that tyranny and abuse is why they left England and started the New World in the first place. Some how I don’t think Thomas Jefferson or the others would have thought that harassing a 7 year old child would qualify as “Free Speech”.
Other than that, a public flogging would be too good for these animals.
Given the reaction to this story, I can’t help but be concerned that the Petkov children may end up on the receiving end of the public reaction to their parents’ conduct.
Woosty:
I was a perennial bad actor as a child, although I never put sugar in a gas tank nor did I put a turd in a brown paper bag. The rest I shall neither confirm nor deny 🙂
‘TP their trees, have the dog take a dump on their lawn, put a turd in a brown paper bag and light it on fire on their front porch, ring the door bell and run, set their lawn on fire, put sugar in their gas tank or a potatoe [conservative spelling] in their tail pipe, soap their windows, put round-up weed killer in their grass to spell the the words F… ”
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Byron, I don’t think I’d care to be on your bad side…;3
Leah:
just type in their name and it comes up pretty quickly, these stupid people have brought the wrath of the entire country down upon their heads. I imagine they are going to be more than just shunned. The husband will lose his job, I would sure as hell fire him and the wife is not going to have a single friend left after this.
Good riddance to bad rubbish.
This happened nearby my home. The Edwards were on the radio this morning. They said that the feud did indeed start over a child’s birthday party 4 years ago. Rebecca Rose had a party with a bouncehouse for Kathleen (then 3). Petkov texted Rose to see if her children could come over, Rose missed the text message and an hour later Petkov was outside ranting and raving about how her children are not allowed to play with those “retards”. Since then Petkov made it her mission to taunt/torment the Edwards/Rose family, and the family obtained PPO’s against Petkov. Asked why they didn’t go further, they replied that they have been dealing with Laura’s death and Kathleen dying and could not do anything to jeopardize their freedom at a time when their loved ones needed them to be present. Thankfully, America stepped up to the plate when the news video went viral. Scott Petkov apologized for his wife’s “brutal honesty” (which the word honesty reduces the entire apology down to zero) and the Petkov’s have only shown remorse once their lives turned into a living hell. As a mother, I personally do feel that this child was exploited since her picture was used for entertainment purposes without the permission of her parent’s. I think at a minimum they should be brought up on charges for harrassment and child exploitation. Ultimately, for the Edwards, justice was served and it was long overdue. They are now peacefully enjoying their time with Kathleen, they have all of the love and support and strength and goodwill surrounding them that they should, and they have been able to raise a good amount of money for Huntington’s Research in the past several days.
Buckeye:
a family feud is one thing but taunting a dying child? It is beyond the boundaries of all that makes one human.
Chastise the family, TP their trees, have the dog take a dump on their lawn, put a turd in a brown paper bag and light it on fire on their front porch, ring the door bell and run, set their lawn on fire, put sugar in their gas tank or a potatoe [conservative spelling] in their tail pipe, soap their windows, put round-up weed killer in their grass to spell the the words F… You but don’t taunt a dying child. There is no reason to ever do that, like some have said it is evil and without any excuse whatsoever.
The only type of person that could do that would be a guard at one of the death camps in Hitler’s Germany. Evil to the core, that woman and here husband should be run out of that neighborhood with tar and feathers.
Upstate Manhattan – where do we find the mailing address for Mrs. Rose?
I’m not a shrink either, but I did do a geriatric psych fellowship after residency.
Antisocial personality disorder would fit. As would Mike Spindell’s diagnosis of “mean, sadistic, crazy bastards.”
blhlls,
Valid point. “If” is a conditional logical operand. A perfect word for non-apologetic apologies.