Marilyn Stowe Blog

News: US judge insists on visitation rights for convicted murderer

A US judge has ruled that Australian Michael Roberts cannot return to the country with his two children because their jailed mother retains visitation rights.

Under the terms of the order, issued by Judge Nancy Whittenberg, Roberts must regularly take the children 1,500 miles from their home in California to visit their mother Tracey Richter in prison in Mitchellville, Iowa. The order specifies that Roberts cannot leave the country until Richter has exhausted her appeal process.

Richter was convicted in November 2011 of the first degree murder of neighbour Dustin Wehde ten years earlier, in December 2001. The 20-year old was found dead from gunshot wounds to the head at Richter’s home in Early,Iowa. She claimed she had been acting in self-defence during a ‘home invasion’, although prosecutors were sceptical.

Richter and Roberts later divorced and she took primary custody of the children.

Charges were eventually filed against Richter in 2011 and she was duly convicted of carrying out the murder in order to frame her first husband and gain sole custody of their child. Her and Roberts’ two children were one room away during the shooting.

Mr Roberts took custody of the children following her arrest. He moved with them to an undisclosed address inCalifornia, because, he claims, he is concerned for their safety.

Judge Whittenberg said the children, now aged 14 and 12, had a  “long, positive history with their mother,” who was an “excellent” parent. She added that the visits would help bring close the trauma of their mother’s arrest and conviction.

However prosecutors expressed incredulity.CountyAttorneyBen Smith said: “Do you think Tracey cared about the children when she stashed them in the room 15 feet from where she fired 11 shots? S he should have lost any and all rights to make those kinds of decisions or to have an influence in her kids’ lives when she executed somebody.”