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Attorney asks to dismiss Maple's kidnapping case



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Kidnapping charges filed in 1989 against a grandfather arrested in February were asked to be dismissed.

Grandfather Marvin Maples, 72, of San Jose, Calif., was charged Feb. 1 with kidnapping grandchildren Christie and Bobby Maples from parents Mark and Debbie Baskin in March 1989. Maples and his wife, Sandra, who has since died, were accused of taking the children and vanishing for almost 20 years. They were sighted in California and were sought on television shows.

Sheriff’s Cold Case Detectives Lt. Bill Sharp and Sgt. Dan Goodwin located Maple after a San Diego (Calif.) Tribune story prompted a witness to identify Maple.

Attorney Greg Reed filed a motion last week asking a General Sessions Court judge to dismiss the warrant. The hearing set Tuesday was continued until May 26.

Reed asked for the dismissal for the following reasons:

• The warrant does not contain allegations of essential facts of the offenses charged. The warrant fails to state probable cause.

• The court does not have jurisdiction.

• The allegations are duplicates because more than one offense is alleged to have been committed against more than one victim.

Reed asked the warrant be dismissed and Maple’s record erased.

The district attorney’s office has not yet filed a response to Reed’s motion.

Maple is free on bond while awaiting the next hearing.



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Tags: Baskins, Kidnapping, Marvin Maple

Member Opinions:
By: eagle50 on 5/12/09
Is this like "Dallas"--it was all just a 'dream' episode? If these charges are dropped, we will all be left 'speechless' and in my opinion, justice will not have been served.

By: Justus on 5/12/09
You've formed an opinion, but you haven't heard any evidence. Not good.

By: Sameera on 5/12/09
A file to have the charges dismissed? What a cheek! And these grounds to have the charges dismissed don't make sense to me.

By: Coyotee56 on 5/12/09
Maybe the Kids remember everything about the reported abuse, and talked to the DA? There has always been something fishy about this case, like the kids not wanting to see the parents. And the fact that the kids both lead a full life and went to college and birthday parties and such.

By: Justus on 5/12/09
That's why the courts have to hear the evidence first, and then form an opinion.
Or we could just try the cases online based on newspaper reporting.

By: Rascal on 5/12/09
"That's why the courts have to hear the evidence first, and then form an opinion.
Or we could just try the cases online based on newspaper reporting. "

We would love it if the case would EVER get to court so that evidence could be heard! All these delays all for just the first hearing. This isn't the trial, just a hearing, where they will decide to go forward or not, and maybe set a trial date.

By: Justus on 5/12/09
Don't you think these people deserve the time it takes to find the truth? What constitutional safeguards do you want to give up for the sake of speed?

By: Coyotee56 on 5/12/09
I agree Rascal. But I think originally the parents were the only voice of the kids. Now that the Kids are of legal age, and well educated. The People who need to make the decision of trial or no-trial may have a very different view then what the parents gave 20 years ago and for all these years.

By the way, The DA postponed the date this time, not the Lawyer. I know the papers have it the other way.

By: Undecided on 5/13/09
Unfortunately, delays are a HUGE part of a trial (and this hasn't even reached the trial phase yet). It's not like "Law and Order" where the whole case gets wrapped up in neat package in one hour. No, there will be no swift answers in this situation.

By: attagirl on 5/13/09
Originally the kids had a guardian ad litem who did a fine job and investigated every single complaint. ALL were unfounded. When one complaint didn't fly, the Maples came up with a new one.

This old man deserves to fry. It's a shame the old woman isn't still living so they could fry her, too. They are evil. Any parents who could do what they did to their own daughter don't deserve to breathe the same air as decent people.

By: lelalib on 5/13/09
Coyotee, what makes you think that leading a full life and going to birthday parties is fishy? We, the public, have no idea what the kids were told. The part I cannot figure out is IF (it was never proven) the kids were abused and the grandparents were afraid for the safety of their grandchildren, then why did they only take the two and not all three?? If the parents were supposedly only abusing the two, wouldn't you, as a parent yourself, assume that the baby would eventually be abused too and fear for that child's safety as well?

By: Rascal on 5/13/09
"I agree Rascal. But I think originally the parents were the only voice of the kids. Now that the Kids are of legal age, and well educated. The People who need to make the decision of trial or no-trial may have a very different view then what the parents gave 20 years ago and for all these years."

Yes, the parents in a way have been the voice for the kids in terms of speaking in their quest to locate them these last 19+ years.

Originally, there may have been too many voices for Christi & Bobby. Marvin and Sandra voicing what they say the kids said, the Baskins, the guardian ad-litem, sometimes even the kids themselves.

What a mess!

"Don't you think these people deserve the time it takes to find the truth? What constitutional safeguards do you want to give up for the sake of speed? "

All the reports I read said that it was Marvin's attorney who asked for the delay. Whichever it was, he or the D.A. Marvin has had 20 years to work on his defense.

"We were just taking them to Disneyland, made a wrong turn on the way back and got lost in San Jose and somehow had new identities and had put our house up for sale before we left..." Yeah, sure.

By: SocEtTuem on 5/13/09
Standard motions for dismissal. There is very little chance these motions will be given much wieght.

By: Justus on 5/13/09
so many people so sure of the truth. it makes you wonder why we even bother with trials.

By: Rascal on 5/13/09
"so many people so sure of the truth. it makes you wonder why we even bother with trials. "

Well, he and his wife kidnapped the kids when they didn't have permanent custody, that's the facts. That is illegal.

While they may have truly believed they were doing so for a good reason, the fact is they acted illegally.

By: attagirl on 5/13/09
If I remember correctly, it was reported a few months ago that Bobby and Christy have been brought up to believe that the Maples were their parents, not grandparents. If that's true, I can only imagine what kind of brainwashing they had to do to these kids to make them forget their parents.

By: Nellie on 5/14/09
Allowing this case to be dismissed without any charges being brought - without even an examination into why the Maples disobeyed the orders of the court to return the children to their parents - would simply give the green light to any other would-be abductor.

All he or she would need to do would be to keep the abducted child hidden for a number of years - having, in the process, unfettered opportunity to brainwash the victim - and then be able to produce that indoctrinated child as witness for the defense!

This case must be heard in court. The Maples were acting illegally, whatever justification they may have felt they had for kidnapping their daughter's children. They, or at any rate Marvin Maple, must be held accountable for their actions.

Otherwise, why bother having laws at all?


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