Motion to dismiss

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Marina07
Posts: 43
Joined: Sat Nov 24, 2007 7:24 am

Motion to dismiss

Postby Marina07 » Tue Jan 22, 2008 11:55 am

How do these usually go? Are they often successful.

We have a trial set 2 months away, and my boyfriend's lawyer just sent a motion to dismiss the case to the judge based on DSS violating the court order for the 3rd time. They failed to finish the interview and sexual abuse evaluation with my daughter on time, as well as withheld audio and video tapes. My boyfriend's lawyer also wants their expert witness to examine the audio and video tapes, without those, she cannot determine that the way my daughter was interviewed was not suggestive or coercive. Not to mention, a couple statements my daughter made was relating to something else, and they took it as her opening up about being abused. I don't think they counted on me becoming suspicious of the interview process or the investigation in general. I think they thought I'd remain naive, believing everything they said. With what I've come forward with, they have a lot of evidence against DSS and the way this was handled. Inluding my knowledge of audio and video tapes they claim they don't have.

Although, the video tapes, I'm not 100% sure, I just know I saw the investigator reviewing them when my daughter accidentally walked in on her and she panicked, saying, "there's nothing here!" I compared it to that moment in the wizard of oz when Dorothy pulls back the curtain and reveals the wizard in the control room, where the wizard is exposed as the fraud he is. At that time, I was told they don't use video tapes.

mommyx3b
Posts: 104
Joined: Fri Nov 09, 2007 9:37 pm

Postby mommyx3b » Tue Jan 22, 2008 3:09 pm

I love how you compared it to the wizard of OZ. Isn't that so true.
"No Honey, you can't help mommy make cookies for Santa, 'cause it might make a mess, then CPS will take you away 'cause the house isn't spotless." <-----What I should have told my 4 yr old daughter.

Michael
Posts: 331
Joined: Wed Dec 01, 2004 6:11 pm
Location: East Central District

ITS TRUE BUT NOT TRUE

Postby Michael » Wed Jan 23, 2008 6:53 pm

In Texas CPS does not make Video tapes. These are made by the Child Advocacy Center. This is a different organization that do interviews for CPS and other government agencies.

The worker may be playing with words. Yes there is a tape but no they did not make the tape.

Marina07
Posts: 43
Joined: Sat Nov 24, 2007 7:24 am

Postby Marina07 » Fri Jan 25, 2008 8:32 pm

I posted in happy endings, but they did dismiss it. DSS withdrew their petition this morning, and my boyfriend should have the kids back by this time next week. Our family can spend time together as a family for the first time since this started in september. I won't believe it until I see it, but I think I can say, it's over.

Momoffor
Moderator
Posts: 1307
Joined: Mon Feb 28, 2005 11:17 pm

Postby Momoffor » Sat Jan 26, 2008 9:01 am

I am glad to hear that things worked out for you and your family marina. But what about your father and the suspect there of sexual abuse? (sorry if you answered this on the other post) just wondering.

Marina07
Posts: 43
Joined: Sat Nov 24, 2007 7:24 am

Postby Marina07 » Sat Jan 26, 2008 10:40 am

DSS/CPS is not looking into it. And the expert witness we had just hired told us that it was unlikely that we'll ever know if it really was my dad who abused her, because of how flawed the investigation was. He should have been a suspect from the start, because him and my mom babysat my daughter only 2 days before the supposed incident, but instead they continually questioned my daughter about my boyfriend.

And because of this, we are considering lawsuits. I was letting my dad babysit my daughter during this, what happens if it did something else. And my daughter will be forever effected because of the interviews she was subjected to. The first time my daughter came out of an interview saying, evaluator name says that daddy is bad, she doesn't like daddy, and I get lollipops and juice boxes when I say bad things about daddy, my heart sunk, I knew what was going on, I knew they were getting things out of her that weren't there. For the last interview, I gave my daughter a snack before the interview, and made it clear that she had a snack already, and I'd prefer she not be given anything sugary because it might make her too full to eat dinner. But sure enough, she came out with pretzels and juice boxes.....at least they took it easy with the lollipops, the first time she probably had about 5-6, they had a basket of them, and let her keeping eating them.

The only thing I can do is not allow her over my parent's house alone. I will give them supervised visitation, and the only time they will see my daughter is in my home.

We keep saying, it's over, we should be happy, but instead we're mad that we went through this. We lost so much during this investigation, and we're ready to put our lives back together, but nothing can bring back the months we lost. We missed christmas together, nothing can change that, nothing.


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