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Taken by false accusations.
Posted: Wed Jun 29, 2005 3:16 am
Taken by false accusations.
Hello and thank you all for being here. I am here because I was falsely accused of sexually assaulting my 3yr old daughter. The accusations were based on a comment that she made to her older half sister while playing with a balloon. The half sister is 12 and is a very knowledgable 12 at that. She has a history of attention seeking behavior and telling lies. Including two previous false allegations against me. Neither having been reported but resulting in the end of the relationship with her mother and the removal of her only source of discipline and limit setting....ME.
My gripe with the DHS/CPS is that they made their minds up on the word of an "issue laden" 12 yr old that these allegations were fact. Then there is the comment by my 3 yr old that was grossly misinterpreted and only ever heard by the 12 yr old. DHS launched a witch hunt/investigation in which they only looked at the side of the evidence that made me look bad. They had a LCSW interview my 3 yr old and after 10 min she was ready to leave. Then they decided to bring her 12 yr old sister into the room to "assist in questioning." She "encouraged" her little sister to "tell them what happened to " her and she at first denied anything at all happened. But after the questions were"repeated and rephrased" she "whispered" something which is inaudible on the video...HOW CONVIENIENT. There is more..... this interrogation of my child didn't finish until the accusations had grown to include everything short of penetration, something which they would need physical proof of.
The next day after I had my interrogation( requested and set up by me, no less ) with the detective and the social worker, in which they both said they believed that I did these things and that my denials were "not credible" in light of the 12 yr old's accusations, I applied for joint legal custody and visitation. We were never married. The papers took 10 days to be served to my ex. This left the DHS only 5 days to file their report. They then had to scramble to find any one who would paint me in a bad light, including my ex's ex whom she is now back living with.
This all resulted in a founded and confirmed report. They never interviewed her daycare provider or my girlfriend who between them consist of two thirds of my daughter's life. They omitted most of everything that I stated in my interview, except what they could twist around against me. They even twisted my ex's words. They presented a busload of hearsay as fact. The social worker couldn't even get the names of the girls straight. All in all there were 72 instances of this kind of crap in the report when I sent it to the appeals division. I found 4 more after the envelope was sealed.
As a result the social worker has put pressure on my ex not to let me see my daughter, under the threat of removal. They are conducting "therapy" sessions with the girls under the same threat. This is all under the judgement of a caseworker who can't even get the names straight. And has no advanced education in any relevant field of study. Visit the forums at iowafathers.com .
There have been no criminal charges filed as the county attorney says there isn't enough to hold up in court, which is nothing. My custody & visitation petition in district court hasn't been heard yet, but the DHS has filed for a child in need of assistance petition with juvenile court which also has not been heard. All of this crap started on May 10th 2005. As for my attorney, I hear that he is very good but he keeps telling me that we need to wait and see what "they" are going to do. That is why I filed the appeal to the report. I didn't want to just sit around and do nothing.
But even without anything that will hold up in criminal court the DHS seems to still be able to mess with me and my daughter. They apparently don't need any REAL proof of anything to keep me from my little girl. I don't believe that my ex even has a clue that if she doesn't play their game that they WILL take TINY away " for her own good " which I might add is absolutely ludicrous. They have no court order or anything with any real authority to keep me from my daughter yet if I go to see her they will say that she is in danger and use this as a reason for emergency removal from her mother and everyone that loves her. I couldn't bear the thought of my little one being somewhere that she didn't know anyone, have anyone to make her feel safe and protect her. Leaving her with her mother and sister is WAY more preferable.
I am really trying to do this the right way, legally speaking. Which when you look at your adversary bending and breaking laws all over the place ( with the blessing of the state ) is really frustrating.
I would be very interested in hearing from anybody in my city who is dealing with or has dealt with these terrorists. Thanks for listening.
Posted: Fri Jul 01, 2005 4:01 pm
Mon. I filed a request form for the videotaped interviews in my case. The city attorney approved and signed them. I took them to records office. The detective investigating the case intercepted these forms and instead of denying my request through the proper channels, had them shredded. I spoke with the chief of police and was told that no policies were violated. What a crock of horse crap. With the tapes I can prove that they are lying. Wether I am entitled to them or not is not the point. The point is that: detectives should have to go through the proper channels to deny my request. At least then there is a paper trail. I have filed a complaint with Internal Affairs. I wonder how long it will take these documents to reach the shredder?
Posted: Fri Jul 01, 2005 7:50 pm
Did they do a rape test on her to see if this happended?
Posted: Sat Jul 02, 2005 6:04 am
Go back and explain it to the county attorney...Their is a record of the papers there
Posted: Sat Jul 02, 2005 6:51 am
Have your attny get a copy of your file from the DA's office.
You can find out why the DA declined to prosecute.
Could be a major benefit to your CPS case.
In 1993, I was accused of the SA of my three yo daughter.
The Fam Ct (CPS) petition claimed my daughter made credible statements regarding SA to them as well as the detectives from the DA's office.
The DA's file said my daughter made no credibles statements.
My file at CPS quoted my daughter as saying, "My daddy touched me with the puppet bear in the toilet."
And then the CW wrote, "We couldn't understand what she was trying to say."
I challenged their "indicated" finding of SA by asking, how could the CW claim my daughter's statement was credible when she admitted she didn't know what my daughter was saying.
IOW how can you believe something when you can't understand it?
Stay calm and focus on the most important information that disproves the allegation.
Does CPS have the when and where the SA supposedly happened?
Chances are that your daughter isn't showing the effects of SA abuse... because it didn't HAPPEN!!!
You have to look at the situation like a mistake has been made and you want to correct the misconception.
Bringing your older daughter in to coach the little one is a major mistake.
Contact Suzanne Shell if you can.
She'll blow a million holes in CPS' case.
Posted: Sat Jul 02, 2005 7:09 am
As for a rape test I dont know, but they did a physical exam and found no evidence of damage or anything like that. There is only the one supposed comment about the baloon. All of their other allegations about what my 3yr old said were based on the videotaped interview. Which as I told you has serious credibility issues as far as qualifications of the interviewer and techniques.
I did explain to the city attorney that the forms had been taken. He recognised my right to have copies of the tapes but stated that he had signed the forms "by mistake." Due to the fact that the investigation was still open. What I think he meant was THE FISHING EXPEDITION was still open. That is when I went back to the police records to ask for my forms back and was told by the detective that they had been destroyed.
They don't have an exact time that the alleged abuse occurred but they say it happened at my place during on of her stays over. In the report they allegedly asked her "How many times did this happen to you?" to which my daughter held up 3 fingers. Think about this....if you ask most 3yr olds "how many"....just those words, they will more often than not answer with their age. My daughter is 3.....hmmmm.
And the older girl is not my bio child.
How would I get in contact with Suzanne Shell...what city, state. Any advise is good. I spend 6 to 8 hrs/day on the comp. trying to educate myself so that I can be instrumental in my own defence.
There are a lot of people out there who have had to deal with this crap and have learned a lot. We are all personally endebted to those of you who take the time to help others in their fight. The more we pay it forward and educate people, the less lives will be devastated. I thank you all.
Posted: Sat Jul 02, 2005 7:40 am
They don't have an exact time that the alleged abuse occurred but they say it happened at my place during on of her stays over. [/quote]
A single day?
But no specific date?
[/quote] In the report they allegedly asked her "How many times did this happen to you?" to which my daughter held up 3 fingers. [/quote]
How many times did what happen to her?
You don't think she knew what they were talking about, do you.
A case I helped with in AZ had the children being interrigated by a police officer.
He questioned one little boy over and over who was denying that his father did anything inappropriate. Leading questions turned into more leading questions, finally the boy repeated what the officer said. And then the officer asked, "how do you know that?"
And the boy said, "YOU just told me!"
Be prepared to see CPS trip over their own feet, many times.
Posted: Sat Jul 02, 2005 2:55 pm
From what I can gather the "incidents" happened over at least three different stays, no specific days. They say that there was oral acts involved, along with some kind of genital contact, but no penetration. Nor any redness or anything, ever. And it isn't that I don't think that she knew what they were talking about but that I KNOW that she didn't. Without her big sister coaching her she didn't even come close to any of that. Now that a petition has been filed in juvenile court for "child in need of assistance," my petition for joint legal custody has been halted. Giving the DHS time to "work with" my daughter. With her mother's permission as far as I can tell. I believe that they threatened her with removal of my daughter though.
Posted: Sat Jul 02, 2005 5:05 pm
[quote="rockdundee"]From what I can gather the "incidents" happened over at least three different stays, no specific days. [/quote]
Once I was founded for slapping my son in the face on a weekend I was denied visitation... and I had a police report to prove it.
[/quote]They say that there was oral acts involved, along with some kind of genital contact, but no penetration. [/quote]
All that from a single whisper to your 12 yo step daughter?
[/quote] Nor any redness or anything, ever. And it isn't that I don't think that she knew what they were talking about but that I KNOW that she didn't. [/quote]
Every three yo I know talks about oral sex all the time.
[/quote] Without her big sister coaching her she didn't even come close to any of that. [/quote]
Was this the first session with your 3 yo?
Were there more sessions than this one?
[/quote] Now that a petition has been filed in juvenile court for "child in need of assistance," my petition for joint legal custody has been halted. [/quote]
CPS hasn't filed a petition in Fam Ct that you molested your daughter?
CPS should have filed a SA petition immediately... not that I want them to, but it's VERY strange that they didn't.
[/quote]Giving the DHS time to "work with" my daughter. With her mother's permission as far as I can tell. I believe that they threatened her with removal of my daughter though. [/quote]
Isn't your ex using CPS to derail your custody petition?
Why would CPS remove your daughter from her?
Get a copy of your file from the DA's office, this is a MUST!!!
Posted: Sun Jul 03, 2005 6:19 pm
Everybody is right on here.The police/CPS questioned my daughters at their school and they told my dauhters they would be in foster care 1 day and then returned to me the next day. A year later i still don't have my 3.But, i was able to blow holes in CPS/DFS/GAL in court tuesday they had no arguement for any of the questions i answered.They were all silent.And my attorney had them looking puzzled after all of the questions were answered.
Keep on your toes,and if they took a test at the hospital on your chils have your attorney court order a copy of the results...ANd the best part is,if they cannot come up with a copy of the report then one was never taken...CPS told my gitls that they needed to say i knew about it,they questioned my girls under duress which is by law a NONO!!!!!!!!!! No proper council for them.
Keep nagging and demanding cause it does help and you will win this case.
Posted: Sat May 27, 2006 8:35 am
Hello again all,
I havent been posting in quite some time. (I thought it prudent not to publicise what I was doing in relation to my case) Wow, there have been some major ups and downs in the last year. The police have obtained a (very questionable) search warrant and confiscated computers, digital cameras and media, taped conversations, video tapes and cameras. Then after a couple of months, and a lot of bitching from my lawyer, we got it all back. And what did they find you ask...NOTHING. The court has ordered me to take a psych eval and a chemical dependency eval (at the insistance of the DHS of course) who's results I will just say are fine...NOTHING HERE EITHER. The DHS has me call in to a random piss test line every day for random drug screens...and guess what...CLEAN HERE TOO. The court order says that PARENTS submit to random drug screens but I am the only one who is doing it. But the light is there. According to the Guardian AD Liteum, if I pass all of these tests the Child In Need of Assistance crapfest will be dropped and the case will go in front of a District Court Judge in a civil case. The Juve Judge has repeatedly chastised the prosecution for their lack of professionalisim and has asked them on just as many occasions WHY this is even in his courtroom.
OH YEAH...I did eventually get copies of the interview tapes of myself and my daughter. And just like I thought, my then 3 yr old daughter NEVER at any time in her interview said what they claimed she did. What actually happened was the interviewer from Project Harmony repeatedly asked the same question over and over, this way and that way and got nothing. They tried props like long baloons and such, pictures and pointing to private areas. They finally got her big sister to come into the room and tell My daughter and I quote "just tell her, just say yes and we can go play." Then my daughter nodded. She didn't say anything just nodded.
Then there is my interview tape, the one that the DHS "quoted" in their report to the court. Which I have disputed since the beginning I might add. The DHS case worker told me that I could have a copy of the transcript and I said "no I want the tapes." So when I and the court get copies of my interview...THERE IS NO AUDIO. How convienient. My question is this: if there wasn't any audio then HOW CAN THERE BE A TRANSCRIPT. Again...HOW CONVIENIENT.
But there is some resonably good news. Since August I have been allowed ONE hour a week supervised visitation. In December I was told that I would get more time but that has yet to happen.
I must say, I am definatly a different person than I was 1 year ago. I have NO faith in the system as it exists now. The truth has become meaningless and equality a MYTH. I just hope that the Judge in civil court will see all of the violations that have been perpetrated upon my daughter and myself and realise that she is truly better off with me in her life. Lord knows that her spineless twit of a mother wouldn't have been able to handle this.
I have some running to do now so I will sign off now. Thanks for still being here.
Posted: Sat May 27, 2006 9:32 am
Questions shouldn't be repeated over and over... that's called programming.
rockdundee wrote: And just like I thought, my then 3 yr old daughter NEVER at any time in her interview said what they claimed she did. What actually happened was the interviewer from Project Harmony repeatedly asked the same question over and over, this way and that way and got nothing. They tried props like long baloons and such, pictures and pointing to private areas. They finally got her big sister to come into the room and tell jessie and I quote "just tell her, just say yes and we can go play." Then my daughter nodded. She didn't say anything just nodded.
The person doing the interview had no training at all.
Properly trained professional interviewers know not to do that.
And balloons and toys aren't to be used either. It takes a child into a play and make-believe mentality. NOT what's supposed to happen during an interview of that type.
Just another opinion
Posted: Sat May 27, 2006 2:41 pm
Let me start off by saying, I believe you. I say this for several reasons, one being, if anything did happen it would not have been with a 3 year old In that situation. I would bet you have a solid income? Wonder how CPS found out how much money you make? You are totally right when you said "Lost all faith in the system, truth is myth".
A little over 30 years ago Rosavelt put this child protection system into place, it went well for a few years, then turned to corruption.
I think there is one thing you will need to except here, we live in time where you are a prisoner in your own home, town, state and country. It will only get worse with time. Getting screwed over is the norm now, these case workers get lots of federal funding along with your money to help fund the state and it's donuts. It's just a matter of time before the crap hits the fan, and when it does i hope your there to watch. Best of luck..
Posted: Sat May 27, 2006 3:03 pm
The one thing that caught my eye, that in fact, you were NOT Criminally Charged for SA.
That would make me suspicious to what CPS are up to....
Also, on other Website about SA, I believe it was http://www.casat.com
ones, I don't 'remember, but Anyways...
They said during a SA Interview, they were NOT supposed to repeat Questions, over and over...as it can taint the Case over time...also they are NOT supposed to use Dolls, Toys, and such...they used a Balloon, so that is a no-no...and also the Witness to be with her, should not be a sibling, but a Mother who she feels comfortable with and SHE CANNOT BE GUIDED with other people's help....
You see? CPS HAS VIOLATED almost every procedures during SA Interviews....Judge would disagree because there are repetitive Questioning and it will make the Case Weaker.
So looks like you have something going for ya. Bring these up with your Lawyer:
1. Repetitive Questioning, not allowed.
2. Toys, Dolls, and such are not to be used in SA Interviews.
3. Accompanion, of Witness, her 12 y/o is not reliable, as it should have been Mother who she feels comfortable with.
4. Video Manuipulation, there is something on the Website that says, that they must put date, and time on the Video, and there is no Guidance to "assist" the Child into answering the Questions whatsover.
Well there is alot of Guidance with 12 y/o Sibling. It should be solely on her own.
You should read up the Website and it is an interesting read of their SA Interviews and Procedures...etc...etc...I think this is also interesting that the Police should be doing the Interviews.
Posted: Sat May 27, 2006 3:44 pm
Just a historical correction. Roosevelt expanded the social services, not meant to be permanent. Walter Mondale opened up the federal funding stream in the late '70's at the same time spouting a warning that this funding stream might result in abuse of the system by CPS. '96 or '97, can't remember right now, Clinton signs the ASFA act resulting in bonuses for kidnapping children, of course, that not how it's worded but the result is the same.
Posted: Sun May 28, 2006 2:51 am
CASAT.com is an office furniture company
CASAT.org is routed to casat.unr.edu (University of Reno)
and is about Substance Abuse not Sexual Abuse...
I found nothing there about SA interviews.
Do you have another link for those
guidelines you mentioned?
Posted: Sun May 28, 2006 3:24 am
If you've not been charged with criminal sexual abuse but the DA investigated... you MUST get a copy of your file at the DA's office because it will document why they declined to prosecute.
What's in the file will be invaluable!!!!
And because the DA's office isn't part of CPS they won't know what paperwork NOT to hand over.
So you will get all of it, including the stuff CPS didn't give you.
In fact I'll bet that the DA's record of the interview of the child is COMPLETELY different than the one from CPS.
You can use the detective from the DA's office who documented their investigation to discredit CPS.
Won't that be fun!
Posted: Sun May 28, 2006 3:46 am
When they point out that the two processes
use different standards of evidence and the
stuff not allowed in criminal court IS allowed
in Juvenile court... Then what?
Yes, it can help but even the Judge will
point out that criminal court uses HIGHER
STANDARDS as a likely reason the DA
didn't try to prosecute.
Posted: Wed May 31, 2006 6:57 am
The D.A. hasn't prosecuted because there isn't any evidence. Everything that they have tried to use I have proven to the contrary. Except for my videotaped interview from which the Det. and the Casewrecker tried to mis-quote me and flat out lie. The audio has MYSTERIOUSLY vanished. The D.H.S. report with 72 instances of mis-representation and factual errors. The highly suspect search warrant and subsequent clearing of my computers and other media of anything inappropriate. The questionable interview of my then 3 yr old. Feeble attempts to make something out of nothing.
Juve. court is even dropping the case. There just isn's anything there, and D.H.S. hasn't been able to manufacture anything yet. I have rebutted them at every turn in writing to the GAL and the D.H.S. administration and the courts.
The following is a new thread that I posted titled: In the childs best intrests. It contains an example of what they have tried to pull with regards to manufacturing something out of nothing.
"The best interests of the child" has never been a part of their mission or M.O. Not only is the system incredibly flawed but it is staffed by individuals who are barely qualified to be managing a fast food restaurant. Making judgment calls that affect peoples lives for years without adequate training in ANY relevant field. Also you have the dried up old hags who have been doing it for years and are so jaded they really couldn't give a crap less. Just give me my govt. paycheck and my benefits.
Because it is a system that self-perpetuates and preys on the poorer and less educated members of society...It will never change. If you show them some fight they try to burn you with half truths and flat out false reports. They tie you up in legal B.S. for months on end to try the war of attrition approach hoping that you will run out of attorney fees. And when you point out their ineptness and bias...they look for anything at all to discredit you. Even if there is nothing there...they twist things to fit where they need them to. And the courts rely on what these self-serving idiots feed them. Judges actually think these people know what they are doing. So for the most part they blindly take their word.
If you or I were to tamper with evidence or supply the court with false documents we would be facing contempt charges...but not the D.H.S. It's just business as usual.
The only way to truly win against them is to avoid their radar...PERIOD. And if you find yourself in their clutches the best you can hope for is to not lose your children or go to jail.
Just an example before I go. During one of my visitations, my now 4 yr old daughter was sitting on my shoulders. She was swinging from side to side and all around just having a blast. She knows that her daddy won't drop her so she treats me like a human jungle gym. A couple of months later when the "therapist" filed her report she referred to this incident and said " she seemed to be engaging in FROTTAGE". Now you will have to look this word up in a medical dictionary because the meaning placed on it isn't in the regular dictionary. Most of you are pretty smart so I'm guessing that you already have a clue as to it's meaning.
They can't find anything so they take something as innocent as this and make it what they want it to be. They see only what they are looking for. And every single aspect of the D.H.S. system works like this.
How can ignoring and manipulating the truth to fit THEIR VERSION of what THEY WANT THE TRUTH TO BE, be in any ones best interest but their own. It certainly has nothing to do with the children. It's more like "in the best interests of my job security".
And who do you think REALLY pays the wages...people like me and my daughter. People like all of you. We pay with our bank accounts, with our families, with our sense of security and with our shattered emotions. But worst of all we pay with our most precious commodity...OUR CHILDREN.
Posted: Wed May 31, 2006 3:51 pm
Well said, ROCK!