PASSAGE OF THE DAY: "On Sept. 14, 2018, Dante died at Penn State Hershey Medical Center. The cause of death was traumatic brain injury with strangulation and chest compression, a forensic pathologist later testified. Schrader and her daughter, Sarah Mullinix, believe that the man who’s awaiting trial in the boy’s death, Tyree Bowie, is innocent. He’s charged with first- and third-degree murder and endangering the welfare of a child. In 2021, the York City Police Department charged Sarah Mullinix, 35, of Straban Township, Adams County, with unauthorized release of information — a misdemeanor that carries a maximum sentence of one to two years in prison — after she shared children and youth reports and medical records on a Facebook page called Justice For Dante." Sarah Mullinix runs the Facebook page, which is named in memory of her nephew and has more than 5,700 likes. Bowie, 43, of York, had mailed her the documents, which he legally received through discovery in his criminal case. Police, though, did not charge him with unauthorized release of information."
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STORY: "Grandma of Dante Mullinix, 2, wins preliminary injunction against York County DA, Pa. AG," by Courts Reporter Dylan Segelbaum, published by The York Daily Record, on May 17, 2022.
GIST: "A federal judge on Monday granted a request for a preliminary injunction that prevents York County District Attorney Dave Sunday and Pennsylvania Attorney General Josh Shapiro from prosecuting the grandmother of a 2-year-old boy, who was killed in 2018 in York, for publishing children and youth services records.
In a 30-page opinion, U.S. District Judge Jennifer P. Wilson wrote that Victoria Schrader still faces a “credible threat” of being prosecuted for unauthorized release of information under the Pennsylvania Child Protective Services Law if she chose to share documents related to her grandson, Dante Mullinix.
Though the government has shown it has a compelling interest in preserving the confidentiality of these records, Wilson held that the law is not narrowly tailored to achieve that goal.
Schrader would face irreparable harm without a preliminary injunction, the judge ruled, effectively forcing her to “choose between forfeiting her right to free speech or facing potential criminal charges.”
The public interests of keeping children and youth services records confidential and protecting an accused’s entitlement to a fair trial do not outweigh her First Amendment rights, Wilson determined.
“We are pleased with the judge’s ruling and believe that the law is unconstitutional as applied, as the judge ruled,” said Aaron Martin, Schrader’s attorney.
Schrader must post a $100 bond for the preliminary injunction to take effect. She is also seeking a permanent injunction.
"We are currently reviewing the federal judge's order and will soon make a determination on whether or not an appeal is appropriate in this matter," said Kyle King, a spokesperson for the York County District Attorney's Office.
The Pennsylvania Attorney General's Office could not immediately be reached.
On Sept. 14, 2018, Dante died at Penn State Hershey Medical Center. The cause of death was traumatic brain injury with strangulation and chest compression, a forensic pathologist later testified.
Schrader and her daughter, Sarah Mullinix, believe that the man who’s awaiting trial in the boy’s death, Tyree Bowie, is innocent. He’s charged with first- and third-degree murder and endangering the welfare of a child.
In 2021, the York City Police Department charged Sarah Mullinix, 35, of Straban Township, Adams County, with unauthorized release of information — a misdemeanor that carries a maximum sentence of one to two years in prison — after she shared children and youth reports and medical records on a Facebook page called Justice For Dante.
Sarah Mullinix runs the Facebook page, which is named in memory of her nephew and has more than 5,700 likes.
Bowie, 43, of York, had mailed her the documents, which he legally received through discovery in his criminal case. Police, though, did not charge him with unauthorized release of information.
York County Common Pleas Judge Craig T. Trebilcock later signed an order dismissing the criminal case against Sarah Mullinix.
Meanwhile, Sarah Mullinix is seeking a permanent injunction in U.S. District Court in Harrisburg to prevent the district attorney and attorney general from prosecuting her for sharing the children and youth services documents.
She later commenced legal action against York County Common Pleas Judge Gregory M. Snyder over two court orders that he issued, which, in part, directed that “all records” posted on the internet “shall be removed.”
Family, friends and supporters of Dante and Bowie last month took out an electronic billboard off Interstate 83 southbound before the Emigsville exit that blames the York County Office of Children, Youth and Families for the boy’s death.
The billboard features two photos of Dante as well as the following text:
“I was murdered because York County Children Youth and Families left me to die — Even though a forensic nurse told them I should be taken 4 days prior! Why didn't my life matter?”
The entire story can be read at:
PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy: Publisher: The Charles Smith Blog;
