New York Injury News

New York wrongful imprisonment: Woman jailed for defying visitation order

06/30/2010 // West Palm Beach, FL, USA // Tara Monks // Tara Monks

New York, NY – A Brooklyn woman who was jailed for refusing to take her 9-year-old son to visit his father, a convicted serial rapist imprisoned in Arizona, was released on Tuesday, June 29, 2010, as reported by New York Daily News. The woman was jailed for 19 days before finally being released.

On Tuesday evening, when Sukhwant Herb exited the Brooklyn Supreme Court, she told reporters she could not wait to see her children. She exclaimed, “I miss them so much and I’m so happy to be out. I wouldn’t wish this on anybody.”

The case began after Herb’s ex, the father of her 9-year-old boy, was convicted in 2003 of raping three women in Phoenix. He obtained visitation rights in 2009, which Herb initially agreed to. The mother changed her mind though, and refused to send her son to see him. The enraged Brooklyn Family Court Judge Robin Sheares issued her to no less than 50 days in prison for defying the court order.

Herb was never charged with a crime. She had no previous criminal record, nor was she given a bail option.

The New York Daily news reported the situation Sunday, June 27. Shortly after, on Monday morning, the Judge issued for her release that evening.

The release paperwork was not sent to Rikers Island until Tuesday morning, which meant Herb stayed locked up another day. As she was originally held at Rikers, she was then transferred to a holding cell at Brooklyn Supreme Court to await a 5:10 p.m. hearing.

The judge’s actions sparked outrage amongst the area’s legal community. Herb’s lawyer stated he will seek to remove the judge from the case.

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