Mom guilty on all counts in international custody case
Thursday, November 12, 2009
Last updated: Thursday November 12, 2009, 6:16 PM
The Record
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A jury convicted a woman of custody interference on Thursday for taking her daughter to Spain and refusing to return her to Bergen County despite court orders to do so.

In a verdict reached in less than two hours, the jury found Maria Jose Carrascosa guilty of eight counts of interference with custody and one count of contempt of court.

Carrascosa, of West New York, showed no emotion; only lowering her head at one point while the verdict was announced in the courtroom of state Superior Court Judge Donald R. Venezia.

Carrascosa took her daughter, Victoria, to Spain in 2005 amidst a custody dispute with her ex-husband, Peter Innes. A family court judge in August 2006 then granted sole custody of the girl to Innes and ordered Carrascosa to bring her back to Bergen County within 10 days.

She failed to comply though and was arrested in November 2006 for contempt of court. She has remained in Bergen County Jail since then, filing appeals that were denied at all levels of state and federal courts. The courts in both countries claim jurisdiction over the case and there has been no settlement reached despite attempts by judges and diplomats on both sides.

Prosecutors maintained that Carrascosa ignored court orders, concealed the child from Innes and took her overseas away from her custodial father.

But Carrascosa, who testified at her trial, said an order in Spain does not allow her daughter, who lives with Carrascosa’s parents, to leave the country until she is 18.

She also said she left Innes to escape an abusive relationship and that Innes was a danger to her and her daughter. Innes has refuted those allegations, calling them absurd.

Carrascosa faces up to 10 years in prison when sentenced in December. If she receives a 10-year prison term, she has served enough jail time to be considered for parole eligibility, according to state parole calculations. But it’s unclear whether she would continue to remain in jail for contempt of court related to the family court order or whether she would be granted early release.

Innes said he had mixed emotions about the verdict.

“While I feel vindicated of the heinous allegations made against me throughout this entire process, it saddens me to think that yet even more time will pass that Victoria will not have either of her parents in her life,” he said in a prepared statement. “The true victim in all of this is Victoria. It has been over three years since she has seen her mother and five years since I have spent any real time with her.”

Defense Attorney Scott D. Finckenauer said he intends to appeal.

“Certain decisions the court gave during the course of the trial will frame the basis of an appeal,” he said. “Hopefully the appeal will remedy what we see as a serious injustice.”

Assistant Bergen County Prosecutor Carol Novey-Catuogno said while the office was pleased with the verdict, it doesn’t “remedy the underlying situation.”

“The child remains in Spain and continues to be separated from her father,” she said.

E-mail: sudol@northjersey.com

A jury convicted a woman of custody interference on Thursday for taking her daughter to Spain and refusing to return her to Bergen County despite court orders to do so.

Maria Jose Carrascosa, entering the courtroom in Hackensack, was found guilty of all nine counts against her in an international custody case.
CHRIS PEDOTA / STAFF PHOTOGRAPHER
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Maria Jose Carrascosa, entering the courtroom in Hackensack, was found guilty of all nine counts against her in an international custody case.

In a verdict reached in less than two hours, the jury found Maria Jose Carrascosa guilty of eight counts of interference with custody and one count of contempt of court.

Carrascosa, of West New York, showed no emotion; only lowering her head at one point while the verdict was announced in the courtroom of state Superior Court Judge Donald R. Venezia.

Carrascosa took her daughter, Victoria, to Spain in 2005 amidst a custody dispute with her ex-husband, Peter Innes. A family court judge in August 2006 then granted sole custody of the girl to Innes and ordered Carrascosa to bring her back to Bergen County within 10 days.

She failed to comply though and was arrested in November 2006 for contempt of court. She has remained in Bergen County Jail since then, filing appeals that were denied at all levels of state and federal courts. The courts in both countries claim jurisdiction over the case and there has been no settlement reached despite attempts by judges and diplomats on both sides.

A photo of Victoria, then 4, was taken on Peter Innes' last night with his daughter, over five years ago.
FILE PHOTO
A photo of Victoria, then 4, was taken on Peter Innes' last night with his daughter, over five years ago.

Prosecutors maintained that Carrascosa ignored court orders, concealed the child from Innes and took her overseas away from her custodial father.

But Carrascosa, who testified at her trial, said an order in Spain does not allow her daughter, who lives with Carrascosa’s parents, to leave the country until she is 18.

She also said she left Innes to escape an abusive relationship and that Innes was a danger to her and her daughter. Innes has refuted those allegations, calling them absurd.

Carrascosa faces up to 10 years in prison when sentenced in December. If she receives a 10-year prison term, she has served enough jail time to be considered for parole eligibility, according to state parole calculations. But it’s unclear whether she would continue to remain in jail for contempt of court related to the family court order or whether she would be granted early release.

Innes said he had mixed emotions about the verdict.

“While I feel vindicated of the heinous allegations made against me throughout this entire process, it saddens me to think that yet even more time will pass that Victoria will not have either of her parents in her life,” he said in a prepared statement. “The true victim in all of this is Victoria. It has been over three years since she has seen her mother and five years since I have spent any real time with her.”

Defense Attorney Scott D. Finckenauer said he intends to appeal.

“Certain decisions the court gave during the course of the trial will frame the basis of an appeal,” he said. “Hopefully the appeal will remedy what we see as a serious injustice.”

Assistant Bergen County Prosecutor Carol Novey-Catuogno said while the office was pleased with the verdict, it doesn’t “remedy the underlying situation.”

“The child remains in Spain and continues to be separated from her father,” she said.

E-mail: sudol@northjersey.com


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More news from: Bergen County, Hasbrouck Heights
Reader Comments (4)
  1. crgreen says: WHY isn't this man on a plane to Spain to collect his daughter ? When this happened to me, the FBI went to Mexico, arrested the mother, and returned my daughter to me....need some help ? Christopher R. Green / 719.481.9476 / 201.391.9410
  2. Rick65 says: This case has never been about abuse. It's about a vindictive women who used her own child for revenge. Not all women's claims of abuse are true and this case proves it!
  3. Catlareu says: It is not uncommon for abusers to win in court custody cases, even cases in which the abuse is directed at the child. Abuse can be very difficult to prove at times. This is not to say Innes is an abuser, I don't know either of them or the facts, none of us who read this article do. But to what cost would any parent go through to protect their child? Maria Jose Carrascosa was willing to do anything to keep her child safe including removing herself from her child and going to prison to keep her safe. To me that says a lot about the love she has for her child.
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