Withholding Evidence if Illegal!~

[anonymous06']

http://www.businessdictionary.com/defin ... dence.html

[MaggieC]

Unfortunately, the way the social service laws are written in many (if not all) states, CPS is not obliged to weigh any evidence whatsoever. Their findings usually rest on "credible evidence" (i.e. hearsay).

The only time higher rules of evidence surface are perhaps at trial and most certainly in appeals.

It is a public interest thing-weighing child abuse against Constitutional rights. Little by little, though and case by case, the truth is coming out.

Anyone's best chance at fighting CPS involvement is to quickly retain an attorney skilled in this area and/or to make your public defender work for you.

But if you have the means, do not wait for a public deneder. Retain a private attorney at the get go.

[Marina]

Something that is helpful to keep in mind is that in the U.S. we have the Adversarial court system rather than the Inquisitional court system

http://en.wikipedia.org/wiki/Adversarial_system

http://en.wikipedia.org/wiki/Inquisitorial_system

This means that the case is never about the truth and justice, but about winning.

[anonymous06']

The Alleged Petition Allegations( broken down)

1. No Heat in House

With Holding Evidence

In the police report (as well as in the CPS workers’ report )it states that I told them that I ran out of heat the night before and that I was going to get heat before I picked up My Daughter, from the Baby sitters house.

Evidence Withheld

The officer and the CPS worker, during the initial home inspection, said that I had ran out of propane but, I told them that I had 2 auxiliary heaters (2 1,500BTU heaters) I showed them the heaters they where on the floor 3’ from the CPS worker. I truned on the one that was 2’ tall and had it turned on during the 1 ½ hour inspection. The officer / CPS worker looked at the heaters and saw the on heater was on. Being that this information was with held it showed me be having an environment that was unsafe and unhealthy resulting in an emergency taking..

Witnesses to Testify of Knowledge of Heaters
AA (Friend) Has been in my house more than any witnesses
Baby Sitter (Baby Sat In My Home)
Neighbor (has been in my house many times)
Landlord


2. No Food in the House

With Holding Evidence From Petition

The petition states that there was no food in the house and that I alleged, that there was food in the house.

Evidence in Police Report

In the police report it states only one sentence about food found during the house inspection. It states that the refrigerator was stocked with food However the cupboards and freezer where not checked by him or the CPS worker. The CPS worker did not touch anything in the kitchen at all she just stood in the door way.

Witness
Mr.AA

Prosecutors witness

The person who made the alligation (I told her that I bought groceries on Thursday 13th and had a friend give me 4 bags of groceries on Thursday Dec 13th, I also told her that I had 4 bags of groceries in the car. I Told the baby sitter who made the alligations that the groceries where for Shelby and her step daughter and that she could use them any time. July refused the groceries and said that she did not need them and that she was fine with groceries for Shelby and her step daughter

AA (He is the one who gave me groceries on Thursday 13th and bought me groceries at Aldies on Thursday 13th. I bought $38 dollars worth and he bought $40 dollars worth he also knows that the cupboards where stocked full cause he has been the house of several occasions.

Misses B (She knows the cupboards where stocked fuly she was in the house prior to the alligations where made.

3. My little girl being Disheveled, Unclean, and wearing the Same Clothes on Days on End.


Fabrication

I do laundry every Saturday and Sunday our undergarments, socks, her cloths, my clothes, bed linins, and bath towels. Her body has always been kept clean. We have a nightly ritual that we follow every night in which we take care of her hygiene needs. I have even had the local Librarian ask me one time “what outfit do you have her in today?” leaning over the counter eagerly waiting to see my littler girls outfit. My Little Girl and I wear outfits that match..

Evidence

Pictures and Video Tapes & Witnesses

Witnesses

My Landlord (Camp Site Grounds Keeper and Friend)
B. C.(My Next Door Neighbor)
Misses B' (My in House Babysitter)
AA (My Friend )
Misses A (summer Weekend Baby Sitter)
The B Family (
The N Family (Was a Sunday Baby Sitter for a While – Husband – wife and High school Daughter saw my daughter being well taken care off.


4. Mental Untability Alligation

First Hour of Investigation during Initial house investigation I was being accused of Being Incompetent and being unstable

Police Report

These claims where made against me due to allegations and fabrications of the police report saying that I kept interrupting there questioning. I that was rambling on about money and how I bought educational toys. That I was being incompliant in not answering the question to there liking. The rambling on statement is there proof of mental instability.

Truth

I was telling the police/CPS worker that I was going to buy a house in a year that I had a settlement coming in a year and that I had just received one, a year and a ½ ago, and that my daughter had been in great care and that our rent was played up threw August of next year. I was explaining to them that I did not want to waste money on a apartment and that I was trying to save money by living on the lake in the 5th wheel and I that the rent was only $250 for when I moved in. And that is why I moved to that location. It was to save money. Plus that I liked the safe residential neighborhoods near us and the school district. I was trying to show I was not indigent. Of course in there petition they wrote I was.

3rd Hour of Investigation of accusations of mental instability

Fabrication

The orginial CPS worker said that I had decided to give up the right of my child that I was tired and couldn’t go on with the investigation she told the Sherriff this and Miss J B's. Of course she would use this in her notes in trying to prove mental instability.


2nd Day of CPS office interrogation


Called me instable and a combatantdue to the fact, that I wanted a new case worker, due, to all the lies and fabrications on behalf of the orginial CPS cas worker.

Note:

It is alleged on the petition that I was combative in the office however I was just protecting my rights to get another case worker who wasn’t lying and opposed vigorously verbally (however with out abusive language or physical actions ) in keeping her due to evidence that I had in why she needed to be replaced it Took 4 days to get my orginial CPS worker replaced. But in all her fabricated testimony stayed.


Those Fabrications I spoke of and reasons for calling for a new case worker in which case I now have one but the fabricated testimony in being allowed in the court of law in form of the petition.(worse case withholding information which would of keept my daughter from being taken in the first place)

Lies to date at that time that where sighed off on in written testimony band in case files signed off my first case worker where:

No Heat in the house(this information was false it was withheld that I had two BTU heaters)

No Food in the house(this information was false it ws withheld that I had a fully stocked refrigerator which was in the police report)

Was told by my orginial case worker that I was being incompliant due to first days questioning. And that I showed instability in not answering them in the manner that wanted me to.

(first CPS worker )said that my child said that she never got fed(I know that my little girl did not say that)When I interviewed her while she was eating her snack my little girl said that she ate fine at everyone’s house, but was hungry once in a while at T’s House.

(First CPS Wroker )Said I Wanted to give up my child to CPS on 3 hour of investigation due to tiresome circumstances in which to continue or go on any further.

(First CPS Worker )told that police where called to J B's house on second day of investigation due to threats to miss JB's(Sherriff who interviewed JB denied that, as being truthful, he said, that he interviewed JB,r and she said, she and I, where talking quitly in the kitchen)

Was told by my Baby sitter, who was at the CPS office, as a witness, that first CPS case worker pulled her to the side and said that I stated, that my house baby sitter & her fiancé where in my house, when I came home, watching elicit pornographic films in front of my daughter
(I did not tell my orginial case worker anything regarding B's other from my cell phone in front of Brandy that she would be coming in as a witness)

Combative? Gee, Could the above be reasons be reasons for the vigorus oppositions when dealing with the CPS office in gallatin?

Calles to State CPS offices

I had called the state office in trying to get an internal investigation going on with in the CPS office against the fabrications and withholding of evidence regarding my case file, that are being used and presented against me in a court of law. In hopes of somehow being able to let my daughter return safely back home I called around several offices with in the CPS officiates but did not feel confident still on whom to contact due to the fact there all in the same branch of state government. I was seeking an outside body to help with the investigation un bias to the CPS unit. From what I understand the Commissioner Does nothing unless it is another out side agency making the request for a internal investigation. In doing research I have yet to find any wrong doing in the whole state as far as fabrications of a CPS worker. This leads me to believe that this type of behavior is expectable and appropriate with in the CPS Division.

Child and Family Emergency Team Meeting

Due to the above calling around the state this is one of the reasons that the CPS staff at the team meeting states that I was showing incompetency and mental instability and there for there pressing forward on this issue of mental illness being the main factor for not getting my child back.

5. My being Indigent as Stated in Petition

I am an owner of some property in tn in which makes me unqualified to receive welfare assistance. My assets exceed well over the welfare standard for being legally indigent by well fair standards. The original property was over 1 million and shared by 3 others only part of it has sold I have my tax records to enter as evidence to appease the courts of my assets to date. My care is paid for and my rent has been paid for in advance. My landlord will testify to this.

[MaggieC]

Have every witness sign an affidavit before a notary public.

If they do not wish to furnish an affidavit then draft a "Statement of xxxxxxxxxxxxxxxxxx" and have it notarized.

Perhaps a friend or aquaintance of yours is a notary who will do this for you.

Then, in addition to the sworn and/or notarized statements, include factual items.

Take pictures of the heaters. If you have any receipts at all for the food you purchased, for the heaters, for anything that will support your side of the story, include those.

Have your witnesses sign and have notarized more than one original.

Make copies of the receipts. Submit the copies, retain the originals.

If you use public utilities (sorry, I live in a big city, it is all public utilities here), include copies of your utilities bills.

If you use credit cards for purchases, submit copies of those credit card statements (provided they do not show you heavily in debt) to prove that you purchase clothing and other items for your child.

Back up every witness account with documents.

Stay strong.