Barbara Vigil took
her daughter in April 2001, claiming she feared her
child was at risk for sexual abuse at the hands of
her father, who had won custody of the child in a
bitter divorce.
Vigil worked as a
teacher in Costa Rica for nearly a year
before authorities arrived at her door to take the
child back to her father, Russ McCallian, in April
2001.
McCallian was barred
from speaking at the sentencing hearing because the
judge said he was not a victim of the crimes of
which Vigil was convicted.
Vigil was convicted
on four felony counts of falsifying documents and
criminal impersonation, making the state and the
woman whose identity she used the crime victims,
said Jefferson County District Judge James
Zimmerman. Vigil was acquitted on other charges,
such as violating a custody agreement, because the
jury was convinced that she believed her child was
in danger.
Vigil made no
statement at the hearing.
Defense attorney Alan
Rosenfeld called the case "a family
tragedy." He said Vigil already has been
punished by spending a year in jail before her
trial, her conviction on federal passport violations
and being barred from seeing her two children.
"She and her family have been punished
enormously," he said.
The judge warned
Vigil that she would face a prison sentence if she
does not comply with conditions of probation and
court orders in the domestic relations case
concerning her daughter and a son by a previous
relationship.
Zimmerman said he
found Vigil's lack of remorse "appalling and
highly distressing," especially because of the
effects her actions had on the friend whose identity
she stole.
"This is about
as scheming and calculated an offense as I've ever
seen," he said.
Vigil also must pay
extradition costs of $6,138 and her daughter's
therapy costs of $3,750.
Vigil faces another
court battle to see her children. McCallian is
trying to get custody of her son and has filed a
lawsuit against Vigil, her family and friends who
allegedly helped her flee to Costa Rica.
"The evidence in
the case overwhelmingly showed what a sociopathic
batterer he was," Rosenfeld said. "He
continues to use the courts to get what he wants, to
get money and to control and abuse Barbara."
McCallian declined
comment after the hearing.