Finnegan Case-Indiana

[FINN]

I'm posting another draft of our case. It's hardly complete. I have been on the radio 3 times, 1 TV interview and several articles. Another major paper called tomorrow and we may have a chance at another TV interview. CPS is a discusting organization. Fight back whenever you can. Feel free to google our name. I'll keep you all posted about recent events. Here's our story again:

Jessica Dawn Salyer was born with Tricuspid Atresia a congenial heart defect. She had corrective surgery in 1996. She took Coumadin (Warfarin) to prevent clotting, Digoxin to regulate her heart, and Dilantin to prevent seizures. She passed away in Dec. of 2005 at age 14. Her mother, Lynnette, had remarried Roman Finnegan in May of 2004. Roman is a Correctional Sergeant and instructor with 17 years working for the state prison system. She had three siblings. Johnathon 17, Tabitha 16 and Katelynn 10 years old.

On the day that Jessica died Roman had performed CPR from the time she was found until EMS were prepared to relieve him. Investigators interviewed both Roman and Lynnette. Roman by an investigator from the prosecutor’s office after waiving his rights and submitting to a recorded interview, and Lynnette reported to a deputy sheriff who later closed his death investigation. The same investigator from the prosecutor’s office and staff from Department of Child Service (DCS) interviewed the children.

When the Finnegans went to get the children at the DCS office they were detained for nearly two and a half-hours. This was the last attempt to interview the Finnegans despite their willingness to talk to the prosecutor’s office and law enforcement. The Finnegans attributed Jessica’s death to her life long heart condition. Jessica was buried on Christmas Eve of 2005.

In Nov. 1, 2006 DCS removed Jessica’s two sisters. Johnathon had moved out when he turned 18 and moved in with Lynnette’s Aunt Beverly. Roman was granted permission from his supervisor to go home after Lynnette called saying the girls were being taken. He found her crying after the school bus passed and her daughters did not get off the bus.

Roman and Lynnette hired an attorney, David Giesler of Knox Indiana, who called DCS and was told that Jessica had died of a blunt force injury to the head.

In court a DCS caseworker accused Lynnette and Roman of fatally beating Jessica. A letter from a "forensic pediatrician" (Dr. Antoinette Laskey) was used to support the beating theory. Roman and Lynnette agreed that though it could mean being separated for life while in prison they would never plea for a crime they did not commit and would later prove had never occurred.

Roman, a former member of the Indiana Department of Correction hostage rescue team, removed all guns and his sword collection from their home advising Lynnette to lay down and put her hands behind her back should a tactical entry occur. They began packing and securing precious items while family traveled to Indiana to help them.

Lynnette asked Roman, a correctional professional, if he thought she could survive in prison. He did his best to console her and assure her that prison life was not that bad. He never believed what he had to say. Prison was now a reality they had to face. No criminal charges were filed.

One hour of supervised visitation a week was allowed as the death of Jessica was being investigated. That was later increased to 2 hours and finally 4 sometime in the next year. The case plan stated that the girls were removed pending the outcome of the investigation. Throughout the next nine months visitation reports remained exceptional.

Roman began looking up the injuries found on the autopsy reports as Lynnette assembled medical record. The autopsy report contained several sites of internal bleeding and a basil skull fracture. Roman made a timeline of the day Jessica died and ruled out the possibility of anyone beating her. Since they knew they had not beaten her they began looking at other possibilities.

The first clue found on the Internet was when they found a case in Florida in which a father was convicted of killing his infant son. Alan Yurko was later proven innocent of any crime in relation to his son’s death. The child had been given a DTP vaccination and a drug called Heparin which was describe as being similar to Coumadin, also known as Warfarin, an ingredient in rat poison that kills by internal bleeding. Jessica’s school had mandated that she receives her fifth DTP vaccination or be excluded from school two weeks prior to her death, and she was on Coumadin.

Roman wrote a letter and sent it over the Internet to anyone who could offer help. They knew they were being accused of murder and expected to be arrested at any moment.

Dr. Harold Buttram MD of Pennsylvania was the first to offer assistance. He reviewed the record and concluded that, "It is my opinion within a reasonable degree of medical certainty that Jessica died from a fulminating hemorrhagic disorder, most likely in the form of thrombocytopenia, which was triggered by an anamnestic response to vaccines administered on 12-5-05. I do not believe that the clinical evidence supports charges of parental blunt trauma for any of the autopsy findings." Mr. Giesler provided this to DCS.

The Finnegans researched the DTP vaccination through the Internet. They found a several sites that recommended that a doctor should be consulted if the patient has a seizure disorder or is on blood thinner such as Coumadin. Looking up "thrombocytopenia" they found that Digoxin was listed as a cause of "Immune mediated thrombocytopenia" which causes an abnormal response in the immune system. Thrombocytopenia decreases platelets in the blood, which are needed for clotting.

While checking the schools web site it was discovered that Jessica was required to have three DTP vaccinations to attend eighth grade. She had four on record when the school mandated the fifth. Why the school ordered this vaccination and threatened expulsion for noncompliance is unfathomable.

The next to respond was Susan Weston who has a web-site that Roman sent his letter to. She forwarded the letter to an attorney that offered observations and suggestions. The Finnegans asked Susan if the attorney would contact them and were told that she was not taking cases since she was predisposed with another case. Eventually the attorney contacted them by phone from WA. Heather Kirkwood’s husband, a law professor at Seattle University, encouraged her saying, “you have to help these people.” No one doubts that she intended to do just that with or without the encouragement.

Heather believed that, because of the facts, Jessica seemed to have a coagulopathy disorder. This was very close to what Dr. Buttram had suggested. She asked Roman and Lynnette to get copies of the prescription record when she learned that Jessica had been on Coumadin.

The records showed an unexplained increase from 3 mg to 7mg. (One pill for 5 mg and another for 2 mg.) No prescription was found for a refill of Dilantin. This was an obvious overdose apparently due to prescription error. At this point the girls had been held in foster care at an undisclosed location in another county for four weeks.

On December 4, 2006 Roman and Lynnette drove to Indianapolis to see Jessica’s cardiologist. He confirmed that he did not order the prescription increase that was written by their family doctor. He stated that children, who have had the Fontan procedure, as Jessica had in 1996, usually collapse but do not obtain skull fractures as the autopsy reported. He said they would have to take it up with the authorities. When Lynnette asked if he wanted the copy of the prescription record he pushed it back and said, "you may be needing that."

Later in December Roman contacted a professor at the Illinois University School of Pharmacy who is an expert on prescription error. In a sworn declaration provided to Ms. Kirkwood he stated:

"Given the unexplained increase in Jessica’s Warfarin dose and the discontinuation of Phenytoin (Dilantin), serious consideration should be given to the possibility that Jessica’s death was caused by one or more prescribing errors, combined with her underlying heart condition and reported illness in the days before her death."

This was signed on January 4, 2007 and shared with all parties involved in the case.

On January 15, 2007 the state police searched the Finnegan home confiscating and end table and a paddle made at school for Lynnette by her son. The warrant was based on the detective’s testimony that a sketch of the subdural hemorrhage looked like a design on furniture at the Finnegan home. Ironically the subdural was about 4” smaller then the design. When the Judge asked what they were looking for, suggesting a baseball bat, he was told only if the bat had a distinct marking it may be relevant. Some compared the sketch of the subdural to an oil leak in a car being used to match a pothole. The prosecutor and detective saying that a bat would need a special design suggests that if Jessica’s subdural hemorrhage recognizably said, “Louisville slugger” it may have been incriminating evidence that could be used against the Finnegans. Their reasoning was absurd.

Dr. Buttram had suggested that Dr. Michael Innis, a respected Australian Hematologist and Pathologist might be willing to help. He responded to Roman’s request and was contacted by Ms. Kirkwood. After reviewing the records he provided a sworn declaration saying,

"I conclude that, to a reasonable degree of medical certainty, Jessica’s death was the result of an undetected complication of Coumadin therapy, possibly triggered by a prescription error. The mandated DPT vaccinations, ill health and the removal of Dilantin from her medication regimen may have aggravated the situation."

He also explained that Coumadin causes a decrease in bone density, which he believed, made her susceptible to fractures. He directly refuted the report by the forensic pediatrician who did not seem to have a clue about the dangers of Coumadin. This information was also shared with all parties.

Ms. Kirkwood shared the prescription error with the Finnegan’s lawyer, Indiana State Police, Pulaski Prosecutor and DCS. The prosecutor (Stacy Mrak) hung up on her when she attempted to share information.

In January the Finnegans were informed that Jessica would be exhumed for a second autopsy scheduled for January 25th. Whiles at the courthouse ordering a transcript of the caseworker’s testimony the prosecutor approached the Finnegans. She wanted to know how Lynnette felt about the exhumation though she clearly had a court order. Lynnette wanted her daughter to rest but was understanding. Roman assured the prosecutor that he believed the results would be favorable to them. The Finnegans would later learn from the mortician that the State Police attempted to exhume Jessica without a court order.

Ms. Kirkwood flew out from Washington and attended the second autopsy conducted by a forensic pathologist from New York who was assisting as a favor to the Indiana State Police. Ms. Kirkwood was instructed not to speak by the Indiana State Police detective assigned to the case. She did make several observations and corrections of misinformation spoken by DCS staff who was also present. The mortician responsible for Jessica’s burial was present and made his opinion regarding the parents innocence known. The results were inconclusive and added nothing to what was already known except that photographs were taken.

Lynnette’s son Johnathon left a disturbing phone message after being taken from school and questioned by the state police detectives. They told him that his mother accused him of killing his sister, knowing that the Finnegans had been pursuing medical explanations of Jessica’s injuries for three months. Lynnette’s Aunt Beverly also was heard on the recording saying that Roman and Lynnette would be arrested if they came to her home. When Lynnette’s parents went to speak to Johnathon they were turned away by his uncle. There was now a split in the family. Lynnette’s grandmother told Roman she had been told Jessica had shoe prints on her head.

When Lynnette’s parents attempted to see Johnathon, he, his aunt and uncle hid in the house for four hours avoiding the grandparents.

Mr. Giesler sponsored Ms. Kirkwood to represent the Finnegans in their home state of Indiana. She filed seven motions with the court in March of 2007. She now had an office at the Finnegan home and was traveling back and forward from her home in WA at her family’s expense. She was assisting them pro bono (Without charge) and was not particularly liked by locals working the case. She submitted interrogatory questions to be answered by DCS as well as admissions of facts to be acknowledged.

On April 16 Mrs. Kirkwood and the Finnegans traveled to the state capital to depose the “forensic pediatrician” who had insisted the death was a fatal beating. Contrary to her letter she agreed that Coumadin causes spontaneous major and/or fatal bleeding. She admitted she was not an expert on Coumadin or the heart surgery performed on Jessica. In effect her testimony was advantageous to the Finnegans. This doctor also admitted that she was not qualified to rule on cause or manner of death because she is not a forensic pathologist.

She also testified that if Jessica had a fracture before death she would have had symptoms such as raccoon eyes (black eyes) or battles sign (Bruising behind the ears) which she did not have. In fact there were not signs of bruising that would indicate a beating. The pediatrician rightfully observed that Jessica did not have a fracture before death. DCS eliminated her letter from their probable cause affidavit and continued to pursue accusations against the Finnegans without their expert.

On April 24, 2007 Ms. Kirkwood had an appointment with the prosecutor to review the medical facts in the case. This was good news to the Finnegans. Finally someone in authority was willing to listen to the facts. The prosecutor asked Ms. Kirkwood to have them accompany her to her office. Lynnette feared they would be arrested. Roman assured Lynnette that they would not be arrested and that this was a good sign that someone was finally looking at the facts.

As they prepared to leave the Indiana State Police pulled up to the house and arrested the Finnegans in the presence of Ms. Kirkwood. The detective transporting Lynnette commented that she got dressed up for nothing. Both were booked, strip searched, deloused, paraded to jail, and than to court in chains. Mr. Giesler was removed from case and new lawyers appointed for Lynnette and Roman. In assigning the court appointed attorneys the Judge considered whether or not they were capital murder qualified.

Roman volunteered to talk to the police contrary to the advice of Ms. Kirkwood. He was reminded that his career was at stake and that the children were not his. It became apparent that though the fatal beating could not have happened because there was no significant bruising which would have been prevalent with Coumadin, especially in overdose, the homicide theory was still being pursued.

As the police proceeded, it was obvious they still theorized that a blow to the head or an injury that was ignored caused the fracture. They also revealed their belief that Lynnette was a liar and cared more about her dog than her daughter. Roman reminded them that there was a documented overdose and that he would stand by his wife believing the fracture might also be explainable. He ended the voluntary interview when he perceived that the police wanted him to admit to an injury he had no knowledge of.

The papers reported that the Finnegans were arrested for the death of their fourteen-year-old daughter. Readers posting on local Internet forums accused them of murder. An Indiana Department of Correction spokesman stated that the charges were fully investigated and taken seriously by the department and immediately suspended Roman without pay.

Roman was bailed out after one day posting $2000. Lynnette spent two days in jail before $3000 was raised. (The court reduced her bail from $50,000 to $30,000) Friends (Lafaives and Cochrans) and family (Jean Jurkowicz and Joan Will, Roman’s Aunts) rallied to raise the money. One friend took out a loan to cover the cost. Roman’s Uncle, Larkin Mead, provided an allowance to help them survive.

Authorities claimed that the fracture occurred twenty-four hours before death. This was contradictory to what the “forensic” pediatrician had stated about the symptoms of a basil fracture that were not present. They were being charged with neglect rather than homicide. Lynnette was facing twenty-three years in prison and Roman three years. Roman’s crime, according to the charges, began the day he and Lynnette were married and ended the day Jessica died.

Both Roman and Lynnette were provided with court appointed attorneys. The Judge, in selecting the attorneys, made sure they were capitol murder qualified since he was not sure this was not a capitol murder case. Attorney Tim Murray was appointed to represent Roman.

Lynnette’s court appointed lawyer, Kevin Tankersley, sponsored Ms. Kirkwood. With criminal charges filed they now had access to information through discovery. DCS was also disclosing some information. Case notes showed several things that had not yet come to light. In the DCS case notes it was found that on the day Jessica died DCS called the family doctor (who wrote the overdose prescription) who asked them what she overdosed on. DCS failed to pursue the suggestion of an overdose. DCS notes also showed that they had in fact detained the family on the day she died contrary to their answer to the interrogatory questions.

Revealing was a police report where a crime scene investigator noted that the fracture began at the saw line where the skull was opened during autopsy. It was learned that the coroner had always believed that the pathologist he hired had caused the fracture. Lynnette viewed pictures of her daughter’s decomposed body as Roman studied the fracture that obviously proved to be post-mortem.

Tim Murray advised Roman to be careful associating with Mrs. Kirkwood. (He later stated on the record that the only victim he saw in court was Lynnette Finnegan) He told Roman there had been talk about disciplining Mr. Geisler for sponsoring Ms. Kirkwood. Kevin Tankersley was asked, through another local lawyer, to warn Mrs. Kirkwood that DCS was “gunning for her.” Heather continued to travel to and stay at the Finnegan home and brought her daughter, Linley, who spent half her summer vacation from college assisting the Finnegans. The entire Kirkwood family sacrificed their time and resources to assist a family they had not known before the case.

One aspect of the neglect charge was that the Finnegans did not obtain monthly blood test (INR) for Jessica. Over one thousand pages of medical documents proved that her doctors had never ordered regular blood testing or explained the dangers of Coumadin to Jessica’s parents. The FDA did not issue a "Black Box Warning" until October 2006.

On May 29 a leading expert on Coumadin therapy signed a declaration on behalf of the Finnegans accessing the anticoagulant treatment Jessica was receiving. Essentially, she testified that the Finnegans were not responsible for any deficiency in Jessica’s treatment. Her testimony, as are most of those assisting the Finnegans, was done pro bono and a summery is provided below.

Since the Indiana State Police did not share the slides from the autopsy with the Finnegans, claiming it would take a long time and permission was needed from central office, their counsel subpoenaed them from the coroner who was happy to comply. (He had subpoenaed medical records from DCS and they motioned to quash the subpoena.) The state police had sent a copy reserved for the family to another pathologist.

The state’s leading Forensic Pathologist reviewed the slides and pictures of the fracture taken at autopsy. He wrote to Ms. Kirkwood saying that the pathologist who conducted the autopsy had made several mistakes.

A nationally recognized forensic neuro-pathologist also examined the slides and photographs. A small subdural hemorrhage proved to be old, consistent with the overdose and found the fracture to be post- mortem.

The coroner’s verdict was filed July 17, 2007 as well as other expert findings is also documented in this article.

Their findings were in perfect harmony with what the Finnegans and their attorneys had been saying all along.

A fact-finding hearing was scheduled for July 18 through the 20th in the DCS case. Opening statements were made and DCS retained the 19th of July to present their witnesses. A crime scene investigator who had taken photographs and a video of the scene testified. He did not find that the blood that was present was out of proportion with the circumstances. Like the deputy coroner who was present it seemed consistent with Coumadin therapy. Another crime scene investigator that was present at the second autopsy confirmed his belief, based on photographs and conversation with the coroner, that the fracture was post-mortem. Both investigators were veterans of the Indiana State Police.

The hearing was changed from fact finding to a detention hearing since probable cause for detaining the children had never been established. The Judge asked if James W. Payne, head of DCS, was pushing this case. He was not. DCS offered to return the girls if the Finnegans would agree that they were in need of services, any services, at the very least grief counseling to cope with the death of their sister over a year and a haft after her death. They refused the admission, any fault in their daughter’s death and need of services. DCS assured them that if they agreed the girls would be promptly returned.

DCS prevented the testimony of approximately two dozen witnesses awaiting and commuting to testify on the Finnegans’ behalf by offering negotiations. Rather than face defeat DCS bargained for time.

While the negotiation was progressing the prosecutor issued a no contact order against the Finnegans and the children. She said she needed to question them despite the fact that she had nine months to do so. Her office had questioned the children the night Jessica passed away and they had been subjected to inappropriate and unethical “therapy” during that nine months.

An agreement was made between the Finnegans and DCS. There would be no admissions by the Finnegans. The prosecutor would be given one week to depose the children. A second week would consist of the girls finishing summer school, unlimited unsupervised visitation over nights at the discretion of their therapist, and a return home at the conclusion of the two weeks. Twenty-two witnesses, including the coroner and many of the experts for the Finnegans would not testify.

The Finnegans agree to psychological evaluations, parenting instruction, supervision from a counselor for Katelynn. Prior to the agreement DCS petitioned the court to administer drug therapy for Katelynn.

No DCS staff involved with the case could come to the home with one exception that could only do so while escorted by a caseworker who was uninvolved in the case. They would come in once a month and no searching would be required. They would come in and sit with the family, in the living room, for about 15 minutes and leave.

This agreement was later disregarded when a DCS official, listed as a witness against the Finnegans, made routine visits to their home. Pictures of the home, children and food stores where required. Family meetings with the therapist would continue. The same therapist who had conducted unethical examinations of the children.

When Lynnette shared a brochure about an Australian trip with Tabitha, and it was brought up in a session, the “therapist’ implied that Tabitha was considering the trip to escape from home. All aspects of their lives were scrutinized and distorted.

The therapist informed Mrs. Kirkwood that he could not proceed with reunification without the written court order and that several attorneys had advised him that the return date was at his discretion contrary to the agreement and court order. He refused to disclose the names of "attorneys" that advised him. During the second week virtually all visits were canceled or disrupted.

A rumor circulated that the Finnegans had refused to visit the children. When they checked with the original visitation supervisor she confirmed that supervised visitation had ended and that she was unaware of any scheduled visits. DCS lies would continue.

As the return date approached the attorney for DCS assured the Finnegan attorneys that the plans were being made for the girls’ return. Meanwhile the director of the local DCS told the judge that the girls had decided they preferred foster care. This was not true and never had been. DCS scheduled an appointment with a psychologist of their choice on the day of the girls return contrary to the agreement. This seemed to be a deliberate attempt to obstruct their reunification.

At the last minute the DCS attorney refused to talk to the Finnegan attorneys or return the girls. He informed them that they would have to wait three months for the courts to clarify the agreement. Mr. Tankersley sent a letter to the DCS attorney calling him a liar who could not be trusted or communicated with outside the court.

During a telephoned meeting in which the girl’s attorney was in Africa, Ms. Kirkwood was at a telephone booth at Yellowstone National Park returning to WA with her daughter, and Mr. Tankersley was vacationing in North Carolina, was held.

The girls were returned when the judge, returning from his vacation in Canada, enforced the order during the conference. A contempt motion was filed against DCS and their attorney for disregarding and ignoring the order he composed.

The girls returned home in August of 2007. Neither the Finnegans nor their attorneys believe DCS ever intended to return them. Rather, they proceeded to attempt legal maneuvers to prevent reunification despite their failing case.

On August 27, 2007 a hearing took place on the motion to dismiss the criminal charges. Instead it quickly became a motion to dismiss Mrs. Kirkwood who the court determined to be incompetent though she had successfully proven homicide to be incorrect and exposed the prescription error. Her presentation would not be heard as friends and family attended the first hearing outside the secretive juvenile court. They quickly understood that Ms. Kirkwood was not welcome and would be force out of the Indiana court while disabling her from assisting Roman and Lynnette. She was officially off the case, and though the prosecutor still did not corrected her charges she was given two additional weeks to amend.

The Indiana Supreme Court re-instated Mrs. Kirkwood and after a motion requesting the court to recuse himself for inappropriate contact with DCS and the prosecutor she was back in the case. The motion to recuse was supported by Roman’s attorney who witnessed the prosecutor conspiring with the judge (Ex Parte) to remove Mrs. Kirkwood and the DCS inappropriate contact with the Judge when the local director provided false information to the court concerning the girls wishes.

When Dr. Buttram first became aware of the case he did not have all the information including the documented prescription error leading to overdose. After reviewing the new information he drafted another declaration in support of the Finnegans. His conclusions are set forth below.

The prosecution re-filed the charges. The Class B against Lynnette was not filed but they both face class D Felony Neglect. This seems to be based on their inability to identify the internal bleeding caused by the overdose.

Despite the fact that numerous individuals (Department of Education, Indiana Department of Child Service, Indiana State Police and doctors) made very serious mistakes in Jessica’s care and death investigation, it seems the prosecution was intent on further punishing a family who had already endured what amounts to a systematic psychological torture by the state.

The history of the prosecution’s involvement is alarming. As requested by Mr. Giesler, the Finnegans offered to talk to the prosecutor but she refused, referring them to the law enforcement authorities. Before the second autopsy the prosecutor approached the Finnegans (as they were attempting to purchase a copy of the caseworker’s testimony) regarding their feelings about the scheduled re-autopsy. This was done without the presence of counsel. They acknowledged their consent and belief that it would prove them innocent. The prosecutor reminded them that she did not need permission since a court order was being obtained and the body would be exhumed nevertheless though she was concerned about Lynnette’s feelings. The mortician later told the Finnegans that an Indiana State Police detective attempted to exhume the body without a court order. He refused.

When first contacted by Heather Kirkwood the prosecutor hung up the phone during the conversation. When the prosecutor finally agreed to meet with Mrs. Kirkwood and review the medical evidence she requested that the Finnegans attend the meeting. This proved to be a deliberate trap since she had the Finnegans arrested before the meeting could take place and in the presence of Mrs. Kirkwood. There does not seem to have been any intention of hearing their side of the story.

When the girls were taken the DCS case plan simply stated that they needed a place to stay while the investigation was on going. This became treatment and therapy designed to obtain information regarding their sisters death to be shared with DCS. In fact, just before reuniting the family, DCS motioned the court to allow drug therapy for Katelynn and had her screened for sexual abuse that had never been alleged. Katelynn was described in reports as “sneaky” “manipulative” and prone to lie. DCS records show that immediately after their abduction by DCS they were told their mother killed their sister.

Tabitha had been offered by DCS full college tuition, a car, room and board if she declined returning home. The harm done to the children is documented below. For the DCS refusal to return the girls, despite the court order to do so, the Finnegans filed a contempt motion against DCS and their attorney.

The coroner filed contempt charges against two DCS officials for withholding evidence. Both were found in contempt.

In an unusual maneuver by DCS they motioned the court to dismiss the charges stating that the girls could remove themselves from harms way if necessary, (Though there was no evidence of abuse) that the parents we uncooperative and minimally compliant, and that DCS services were counterproductive.

Never before has a Child Protective Service abandoned children to parents they believed were "dangerous", admitted their services were counter productive, and excused themselves because the parents will not cooperate. In fact uncooperative and non-compliant behavior is usually an excuse to maintain involvement.

THEORIES

Theory One: Fatal beating based on internal bleeding (Nov. 2006)

Fact: Physiologically impossible to have internal bleeding without external bruising , attributed to a beating, while on Warfarin (Coumadin) especially in overdose. Internal bleeding caused by warfarin overdose (discovered by parents and attorney; documentation provided to State on Dec. 18, 2006).

Theory Two: Blow to head caused skull fracture 24-hrs/before death. May be intentional or accidental. Severe headache. No treatment. Neglect. (April-May 2007)

Fact: Post-mortem fracture, created at autopsy. Symptoms consistent with flu & menstrual period, not a skull fracture.

Theory Three: Didn’t take monthly blood tests (INRs) as instructed by doctors; didn’t take to doctors regularly. Neglect. (April 2007)

Fact: Over 1,000 pages of medical records showed consistent care, no doctor orders for INR.

Theory Four: Observed bleeding + decline in health (week before death) + pre-existing conditions (heart, seizure) = neglect (Sept. 2007)

Fact: Observed bleeding = first menstrual period, minimal bleeding from sore on lip/tongue
All other bleeding internal or occurred at/after death (consistent with Coumadin)
Decline in health = flu-like symptoms (diagnosed by dr.) + menstrual period
No observed symptoms of pre-existing conditions (cyanosis, respiratory problems, seizure)

Presupposition: Lynnette and Roman had sophisticated knowledge of Warfarin and should have been able to detect Warfarin overdose.

Fact: Medical records show no instructions, education, and no orders for a monthly INR.
FDA black box warning did not come out until October 2006.
Doctor’s responsibility to prescribe blood tests, educate and re-educate patient and parents. Jessica presented to doctor one week before death w/symptoms consistent with Coumadin overdose. Doctor sends home with no blood work. Orders clear liquid diet and to come back in a week if not better. Very difficult for doctors (let alone patients/parents) to detect over-anticoagulation.
MISTAKES

1. Cardiologist does not order monthly blood test (INR); no parent/patient education on Warfarin, as required by national standards (1996-2005).

2. Family physician writes prescription that increased Coumadin by 133%. Does not order INR. National standards allow maximum 20% increase & require INRs (daily/weekly with increased dose, then monthly). Error increased risk of fatal bleeding. Additional prescription error eliminated Phenytoin (Dilantin) (to control seizures).

3. Pharmacist does not catch prescription error. (New customer. Pharmacist not familiar with patient.)

4. School officials mandate vaccination, under penalty of expulsion, that contraindicates medication and is contrary to their own immunization policy. Family physician Okays.

5. When brought to family physician, no blood work is done. Prescriptions & instructions increase effect of Coumadin overdose.

6. Forensic pathologist creates skull fracture, does not recognize internal bleeding (particularly brain bleeding) as artifacts of Coumadin overdose and takes 19 months to file official report. No external trauma other than bruise on knee, possible slight bruise on forehead where fell; attributes death to subdural hemorrhage caused by blunt force trauma to head consistent with fall (typical description of Coumadin death); manner of death undetermined. Also records that Jessica’s prostate is "firm with no evidence of enlargement." (Women do not have prostates).

7. Forensic pediatrician theorizes a fatal beating based on limited facts provided by DCS. Does not get pharmacy records; does not understand that lack of bruising precludes fatal beating for Warfarin patient. Later admits she is not qualified to rule on cause or manner of death and has no expertise in Coumadin or Fontan procedure.

8. State consistently refuses to talk to parents or discuss medical evidence. Children taken & charges filed based on mistaken theories (later dropped).

9. Prosecutor given permission to talk to all experts (below); indicates she will call Pless, Leestma, Lambert, Nutescu; special arrangements made to talk to Leestma, who is on vacation. Talks to Pless, who explains post-mortem fracture. Drops previous charges but does not follow up with other experts, refuses to discuss symptoms, resulting in new charges (theory 4), also incorrect.

State’s Position:

 Doctors not held accountable for mistakes (would be malpractice for most)

 Parents should be held criminally responsible for prescription error that was not detected by doctors or pharmacist.

 No apology.


SUMMARY OF MEDICAL CONCLUSIONS

Dr. Kenneth Ahler MD. Jasper County Hospital ER and former Jasper County Coroner. Did a thorough inspection because of concerns about blood at the scene.

Conclusion:

"Sudden death syndrome. Congenital Heart Disease. There was no obvious history of trauma and none could be witnessed except for bruising on the right knee. . "According to Dr. Hurwitz (sic) there are only 200 of these cases in the country that have survived the surgery and the ones that have died 2/3 of them have been sudden death as was the case [here]."

These conclusions were available to all parties on day of death.

Dr. Harold Buttram MD, family practice.

Conclusion 1:

"It is my opinion within a reasonable degree of medical certainty that Jessica died from a fulminating hemorrhagic disorder, most likely in the form of thrombocytopenia, which was triggered by an anamnestic response to vaccines administered on 12-5-05. I do not believe that the clinical evidence supports charges of parental blunt trauma for any of the autopsy findings."

Conclusion 2:

"As set forth in my preliminary e-mail, it is apparent that Jessica’s death was caused by her underlying medical conditions (congenital heart disease and seizure disorder) and a prescription error that more than doubled her warfarin and eliminated Dilantin, compounded by unmonitored vaccinations and the failure of her doctors to take regular INRs, particularly when she presented with flu-like symptoms. It now appears that the skull fracture was also medically induced, i.e., caused by autopsy.

It would indeed be a sad commentary on our times if the medical errors which contributed to Jessica’s death were compounded by continued, misguided prosecution of Jessica’s parents with the devastating effects that would ensue for the entire family. Let us hope this does not happen.

Having reviewed over 90 cases of child death or abuse since 1999, the prosecution in the present case has been among the most misguided and egregious that I have seen. For this reason I predict that, unless the prosecution is stopped from further harassing this unfortunate family, the case will in time reflect badly on the medical and legal systems which allowed it to happen and be a cause of regret for all concerned."

Dr. Buttram’s initial conclusion was shared with all parties on December 18, 2006.

Bruce Lambert, Professor, University of Illinois School of Pharmacy, national expert on prescription error.

Conclusion:

"Given the unexplained increase in Jessica’s Warfarin dose and the discontinuation of Phenytoin (Dilantin), serious consideration should be given to the possibility that Jessica’s death was caused by one or more prescribing errors, combined with her underlying heart condition and reported illness in the days before her death."

This was signed on January 4, 2007 and shared with all parties.

Dr. Michael Innis, MBBS; DTM&H; FRCPA; FRCPath Emeritus Consultant Haematologist:

Conclusion:

"I conclude that, to a reasonable degree of medical certainty, Jessica’s death was the result of an undetected complication of Coumadin therapy, possibly triggered by a prescription error. The mandated DPT vaccinations, ill health and the removal of Dilantin from her medication regimen may have aggravated the situation." He also explained that Coumadin causes a decrease in bone density, which would have made her susceptible to fractures and directly refuted the findings of the “forensic pediatrician.”

This was signed in January 2007 and shared with all parties.

Edith Nutescu, University of Illinois School of Pharmacy and leading expert on Coumadin/Warfarin.

Conclusion:

"Even if a warfarin patient has been stable for an extended period, it is also critical to have a very clear follow-up plan, with clear directions to the patient or the patient’s parents. Jessica’s medical records suggest a lack of coordination between her physicians, resulting in an almost complete system failure.

Several failures are obvious. First, the prescribing physicians are responsible for ordering monthly INRs and ensuring that they are taken. Such orders should be written in prescription form and recorded in the patient’s chart. If the patient or the patient’s parents do not comply with these orders, the physician should not refill the prescription as the risk of therapy may outweigh the benefit.

Second, the treating physicians are responsible for taking INRs when the patient presents with illness or other conditions that might increase the effect of warfarin.

Third, it is the physician’s responsibility to educate and re-educate patients or the patient’s parents on the dangers of warfarin.

Fourth, when care is shared between physicians, the physicians are responsible for coordinating the patient’s care, including the scheduling of INRs. In this case, it appears that none of these steps were taken."

"Because it is not possible to detect internal bleeding, warfarin deaths are often characterized by sudden collapse following an illness. Patients who are over-anticoagulated may be asymptomatic or have flu-like symptoms, i.e., they may feel sick, dizzy or tired and may have a headache or stomachache. These symptoms may be followed by death or cardiac arrest without further warning.

As this suggests, it is extremely difficult to detect the signs of over-anticoagulation or internal bleeding. When Jessica’s prescription increased from 3 to 5 or 7 mg, one would not necessarily see any symptoms even though she would be at increased risk of internal bleeding. Triggering factors such as illness, other medications and dietary changes would then push the INR higher, causing noticeable illness. Since internal bleeding is not apparent, such illness may be attributed to the flu or, in Jessica’s case, a first menstrual period. This is very characteristic of warfarin and is the primary reason that warfarin is such a dangerous drug."

This was signed in May 2007 and shared with all parties. Dr. Nutescu explained impact of Warfarin in greater detail in a July 2007 deposition, shared with all parties.

Dr. John Pless MD, Forensic Pathologist, Clyde G Culbertson Professor Emeritus, Indiana University School of Medicine. (Reviewed autopsy report, slides and photographs of fracture and subdural hemorrhage taken at 2nd autopsy.)

Conclusion:

Dr. Pless wrote that the pathologist who conducted the autopsy made several mistakes.

The first was " when he created a skull fracture opening the cranium initially." (He also stated that the pathologist, who’s training he participated in, confirmed he created the fracture during a telephone conversation.)

His second mistake was that "he did not sufficiently account for the hemorrhage seen in multiple areas of the body as artifacts of Coumadin (blood thinner) therapy."

The third mistake was "taking so long to assemble his final report."

He further concluded, "Clearly, this death is the result of natural disease" and that "It is a credit to the parents of this child that she was able to survive as long as she did. He also reported that the pathologist, who’s training he participated in, admitted that he created the fracture in a telephone conversation.

This letter was written July 10, 2007 and shared with all parties.

Dr. Jan Leestma, Forensic Neuropathologist, author of leading neuropathology text.

Conclusion:

Slides showed that small subdural hemorrhage was old, consistent with the overdose and thus could not be immediate cause of death (as suggested by original forensic pathologist).

Referring to the fracture he stated, "In this case, the skull fracture does not seem to be associated with a significant impact in the days prior to death since, given the increase in Warfarin, an impact sufficient to cause this fracture would also cause extensive subgaleal and subdural hemorrhages, which do not appear to be present…

possibility is that the skull fracture was created at autopsy. There are several ways to remove the skullcap, each of which creates different risks of creating post-mortem fracture…

the site of the fracture, which appears below but not above the saw line, suggests that the fracture may have been caused at autopsy. It would be quite coincidental for the saw line to pass through the precise beginning of a fracture…

[t] he absence of apparent blood in the fracture line also suggests that the fracture occurred at autopsy. Since vessels in the bone marrow bleed when a bone is fractured, the absence of blood in a fracture suggests that the fracture occurred after death. While one photograph suggests that there may have been some blood in the fracture, others indicate that there was no blood in the fracture, suggesting that the fracture occurred after death."

After review of additional material, Dr. Leestma noted that the fracture was definitely postmortem; that the State had confused the impact of hemorrhages due to warfarin with a beating; and that the death was natural/accidental due to some combination of warfarin and her underlying heart condition and seizure disorder. Dr. Leestma’s conclusions were shared with all parties.

Dr. R. Gordon Klockow (Jasper County Coroner) The death was ruled accidental due to long term Coumadin overdose.

Conclusion:

"I find that Jessica … died an accidental death from sudden cardiac arrest due to seizure due to cerebral anoxia due to long term Coumadin overdose and a loss and lack of Dilantin as a result of medication errors."

"A vaccination of Tetanus and Polio (killed virus) was given two weeks prior to her death without consultation by her cardiologist. This vaccination would have altered her immune system in an unknown and unpredictable way."

"All skull fractures were artifacts of the autopsy. The evidence in person and photographically indicates Green stick fractures postmortem."

The Coroner’s verdict was filed on July 17, 2007 and provided to all parties. It is our understanding that the Coroner personally reviewed the information with the prosecutor on the day his verdict was filed.

SUMMARY OF CONCLUSIONS
REGARDING TREATMENT OF CHILDREN DURING FOSTER CARE

Dr. Randall Krupsaw. Psychologist specializing in child development and evaluation.

Conclusion:

"I am concerned with the evidence in the progress reports suggesting that the children’s therapists have felt duty bound to investigate Jessica’s death, to supply information to the children about what might have happened, and to report their findings to DCS…

This is improper and can have adverse effects, some of which may have already occurred …

The information obtained may be inaccurate and may influence subsequent interviews or interrogations ...

Using therapists to obtain information for a legal case is contrary to the purpose of therapy and may shut down the willingness of the children to talk …

the children have been caught between their parents, to whom they wish to return, and DCS, which apparently wishes to obtain information from them to use against their parents …

Although the failure to disclose abuse or neglect over eight months strongly suggests that no abuse or neglect occurred, it may be difficult to disabuse the children of any misconceptions that they may have acquired during this period of restricted contact."

Dr. James Kenny. Clinical Psychologist.

Conclusion:

"After reviewing documents, interviewing the parents and conducting standardized psychological testing, I concluded that Lynnette and Roman are psychologically healthy and have adequate parenting skills. I understand that my reports have been previously provided to DCS and the courts.

As set forth in my reports, Lynnette’s knowledge and understanding of her children and their needs was impressive and consistent with teacher affidavits. As noted in many letters of recommendation and commendation, Roman’s attributes included honesty, compassion, patience and good communication skills … the same skills found in effective parents. The parents’ cooperation and commitment to their children’s well-being and the efforts they had made to ensure their children’s return were also impressive."

"In reviewing the file, I concurred with the conclusions of Dr. Randall Krupsaw, whose affidavit was previously provided to DCS and the courts. As Dr. Krupsaw notes, the progress reports from the children’s therapists during the separation indicate that the therapists, including Don Starke, were using therapy to investigate Jessica’s death, supply information to the children on what may have happened, and report their findings to DCS. This is contrary to the ethical standards for psychologists and is known to produce false disclosures of neglect or abuse."

"I concur with Dr. Krupsaw’s conclusion that the girls’ failure to disclose abuse or neglect over nine months of investigative therapy indicates that they were not subjected to abuse or neglect and that they did not see abuse or neglect in their household."

"There is an urgent need for the Court to simplify this unwieldy and destructive situation. At present, the children are caught in the middle between their parents and competing providers and are understandably confused by multiple pressures, causing added stress.

The children’s need for "one voice" must be paramount. If the girls are to live with the Finnegans, as agreed by all parties, the parents need to be in charge of parenting and the family needs to be active participants in determining which, if any, of the competing services and personnel are helpful. Otherwise, all of the service providers will cancel each other out, with continued power battles and competing advice."

CONSEQUENCES FOR FAMILY

1. Lost daughter/sister due to prescription error.

2. Surviving children taken to undisclosed location in a different county with limited supervised visitation for nine months to allow State to investigate cause of death. Given false information regarding what happened to sister while subject to improper investigative therapy, police interrogation, etc. Child obtains head lice in foster care.

3. Relationship with son destroyed due to false information provided by State saying Lynnette accused him of killing his sister.

4. Jessica dug up and dissected, adding to grief of family. Pictures of the decomposed body revealed to the parents.

5. All major holidays, birthdays, school year and entire summer lost to family.

6. Roman and Lynnette arrested while preparing to meet with prosecutor to discuss medical records, medical evidence and symptoms. Paraded in chains before the court. Internet commentary called them murderers.

7. Media reports Francesville couple arrested for the death of fourteen-year-old daughter. Internet forums filled with accusations of guilt. Jessica’s father says he didn’t think “they would kill her” and that Lynnette should go to prison for life. Indiana State Police detective brags about arrest at a conference in New York.

8. Roman and Lynnette not allowed to attend Johnathon’s graduation party; family prevented from sitting together at graduation.

9. The home was searched and inspected before and after the return of the girls. Privacy was violated. Pictures were taken of the girls, the refrigerator, cabinets, bedrooms, and the front window after Lynnette wrote a tribute to her daughter.

10. Roman missed interview with Indiana Gaming Commission that could have resulted in a $10,000 a year pay increase and full law enforcement authority.

11. Roman suspended from job without pay (with DOC, 17 years, and 12 as an instructor). Indiana Department of Correction (DOC) policy requires suspension before finding of guilt. Family lost all income, insurance, possibly house. Roman rejected from collecting unemployment because the Indiana Department of Correction reported that he was suspended for misconduct leading to his arrest. He was also criticized by state officials for not having a job.

12. Untold emotional and financial damage to the family. (A diagnosis of Post Traumatic Stress Disorder and possible bankruptcy proceedings)


Charges against Roman were dismissed Oct. 24, 2007 after Lynnette submits a letter to the prosecutor stating Roman was not responsible for medical care or decisions.

Charges against Lynnette dismissed with prejudice Nov. 1, 2007.

Two DCS officials, Laurel Myers (local director) and Regina McAninch, found guilty of contempt of court for failing to disclose and /or withholding evidence to the coroner.

Nov.27, 2007 the court dismissed the case involving the children by DCS request. All parties agreed. (Including local director) No probable cause was ever determined for the girls’ removal from their home and subjection to “therapy “ for nine months.

Dec. 13, 2007 a Pulaski Co. DCS caseworker (Tracy Salyers) calls the Finnegans to schedule a home visit despite the fact the case was dismissed. The reason being that the local director had not received a copy of the court order though she was present in court and consented to the dismissal. This strongly suggests deliberate harassment of the family.

On Dec. 22, 2007 the Finnegans received a letter saying that DCS refuses to unsubstantiated the charge of “death by abuse” regardless of the evidence that they concurred to at the dismissal, and again referring them to the DCS administrative procedure to remove the accusation from DCS records. They informed them of time limits for their appeal. Reviewing authority was Reba James.

[Momoffor]

Finn,

It has taken me awhile to try to find words to say and I finally came to the conclussion that there arent any.

I can not imagine what you, your wife, and the children have been through.

The audasity CPS has to continue to go after your family is just beyond comprehensive.

I dont usually encourage people to sue, but I do hope that you guys sue the hell out of them. Monetary amounts wont make it all better, but it WILL shed light on the corruption, and after having to dish out so much from so many different government agencies, perhaps the 'higher powers' will step in for the future to prevent things like this from happening. Sue not only for damages, but sue for change.

I googled your names and I cant imainge how either of you were able to continue on a daily basis without losing it. First you were accused and arrested of a non-existant crime, then got drug through the mud by the actions of those agencies when it was put into media. People made armchair decisions based off of 'because we said so' and little to no other information released than that. You were guilty not only by these agencies, you were assumed guilty by the public. I read how small the area is where you live, so it had to have been and probably is still difficult due to peoples ignorance.

The thing that bothers me, is a majority of articles that pooped up at the top of the google search were where you guys had been arrested, not the ones where charges were dropped, those are further down the page, and not as many as the "GUILTY' headline.

I wish you and your family all of the best. I hope that with all of the interviews and articles papers are doing about your guys stories, you are informing them of the news that CPS is still pursing you. Have the papers that have had no qualms about printing about your family in the past been notified as to what they are up to now? Have they written about it to get it out there to the public as to what a TRUE witchhunt is going on?

I was reading the code of VA, where it states that a CPS admin appeal process takes a back burner and is put on hold if there are criminal charges. Once the outcome to those criminal charges is known, then they will proceed with the CPS charges. The supreme court holds this is not double jepordy, and its perfectly ok for criminal charges to be dropped by the court or to be found not guilty by the court, and CPS find you guilty. Sounds like this is what is going on in Indiana and my heart goes out to you.

Keep your chin up. You have many supporters far and wide some who have never met you and your family, but rally by your side in spirit.

[FINN]

Thank you.

Some time this month there will be a short segment on our case on Channel 6 in Indianapolis. I'll try to post here when it is availible on the Internet. The main question the reporter had was why, when all charges have been dismissed and DCS itself successfully motioned the court to dismiss the Child In Need Of Service (CHINS) case, do they refuse to unsubstantiate?

Our story could have ended with those dismissals. DCS did not come after us again. We asked to have our record cleared and unsubstantiated. That was denied at the first level of appeal. The next step is a hearing before an administrative law judge.

DCS could have expunged our case as easily (actually easier) as they dismissed the CHINS case. They simply will not do that.

Throughout this entire ordeal the state had opportunity to drop charges etc. in light of the evidence that was surfacing and being provided to them. Had they, at any point, corrected themselves and even apologized we may have walked away and tried to pick up the pieces.

I was asked if I though our case was unique and that this type of thing happening to innocent people doesn't occur often. Our case is only unique in that we found many supporters that came to our defense and we won dismissals. I believe the vast majority of accused do not have the resources to fight back. We did not have the resources.

I urge readers to google the names I will provide here:

Ken Marsh- He spent 21 years in prison for a crime that never existed. I have read his complaint against his state and found much in common with our case.

Professor Sir Roy Meadow- "Expert" that sent many innocent people to prison who should have been allowed to grieve the death of their children.

Dr. Charles Randel Smith- "Expert" that sent many innocent people to prison who should have been allowed to grieve the death of their children. He is now the main subject of the "Goudge Inquiry."

Live testimony as well as transcripts can be found at this site.

http://www.goudgeinquiry.ca/

This blog is following that inquiry:

http://smithforensic.blogspot.com/2007/ ... st-dr.html

Read about Alan Yurko:

http://www.freeyurko.bizland.com/

When will prosecutors, police, CPS etc. recognize that tunnel vision, junk science, noble cause corruption etc. exist and take measures to prevent it.

Thank again Momoffor. We appreciate your support!

[Momoffor]

Even though it was not a crime on a child, the Tim Masters case is also like yours and all these others. Specialists who arent actually specialists. Convicted or tried on guesses, and not even educated ones at that.

[FINN]

http://www.theindychannel.com/station/1 ... etail.html

[dawn7799]

FINN,

I can't imagine all that you went through!

I wish though I can media coverage for my case! My state legisaluture just send out a letter to the state department demanding that my kids be return to me!


Dawn

[Momoffor]

Finn ....Not sure if this has been done already...

http://www.cnn.com/feedback/

Cant hurt to submit it!

[FINN]

dawn7799

your state legisaluture's letter sound positive. Maybe you hve a chance to get that attention.

Momoffor

Thanks. I'll take a look at that.

I appreciate both of you responding us and your support.

[dawn7799]

Finn,

I hope that things are looking up!


I totally agree with junk science! This doctor testify that hymens are elastic and don't break when penatrated.

i have talked to a lot of medical experts that say this not correct. It is called junk science and it was junk science that was used to convict my husband.

Those so called studeis are not scientific and do not follow the scientific method!


My friend says what about child birth how do they explain that one!


Dawn
I can't believe I judge will allow it in the court room!


Dawn

[FINN]

I'll probably be posting an update soon but thought I'd write and say there is a good chance we will be on Dr. Phil soon. Alot has happened since my last posts. Very interesting turns of even.

[MaggieC]

Finn,
I am new to all of this and so just recently read of your case. Dear God in Heaven, it is incredible what your family has had to endure. All of my best wishes and my ardent prayers are with you.

[Momoffor]

Missed seeing you around Finn.

Good luck and hope to hear from you soon!

[FINN]

Thanks. I expect to post a more detailed update some time in the future. Whats happening now is very interesting but to sensitive to post, especially since we know from personal experience that this site can be monitored.

[trappedinwreakage]

holy crap ! I guess I cant say Im surprised. I just goes to show government employees... PUBLIC SERVANTS.... will go to all extremes to validate their importance to the world, and dont give two hoots about the population, only their incomes and their personal need to be needed, clearly a severe mental disorder.

Heads have got too start rolling in this country, we have morons running the works.

[FINN]

trappedinwreakage

Very soon we are going to pot an update. You'll be suprised at what CPS will do to avoid the truth.

FINN

[trappedinwreakage]

Nothing suprises me now, I was in total disbelief when I went down the tubes, all I had been through in my life was so hardcore compared to those weak, lame, limp, morons that I was speachless...... yet I was powerless againt them. Was just like watching the twilight zone, I couldnt believe my eyes and ears were witnessing that bull, all and any of it, the compliance of the judge, like it was... yawn... just another day, the prerecorded, well rehearsed words coming from the mouth various "attorneys", it was as if robots were involved with a case on humanity.

The entire thing is a joke, a disgrace to the very history of mankind

the lunatics are running the nut house

[dawn7799]

Fnn,
I would believe anything now.

Dawn

[dawn7799]

Fnn,
I would believe anything now.

Dawn

[FINN]

Ok this is a good time for an update since we got home from court today.

After the criminal and Child in Need of Services (CHINS) cases were dismissed we thought things were over for the most part. The original post on this thread shows the coroner and other expert opinions.

Still DCS has a registry and our names were still on file so we asked for an administrative review to clear our names from the record. At the first step of the review the case was reviewed by a director in a differant county who rubber stamped it resubstantiating death by abuse.

The appeal then went to an administrative law judge (ALJ). She kicked the case back to the local judge who we had erlier appeal to for judicial review.

Shortly before we began our judicial review the ALJ arbitrarily claimed back the case. This caused the local judge to make comments such as, "There's a rat in the barn" "This doesn't pass the smell test" Etc. He pointed out that we have not been given due process and that the light has never been able to shine on the evidence. We then set a 4 week schedule for August inwhich all the evidence and witnesses would come forward. He kept the case in his court.

Now without their ALJ CPS desided that they still do not want the evidence or the new witnesses that have sincce come forward to be heard and jointly agreed with us to do a judicial review on the record including all the evidence that we submitted in the CHINS case. This seemed fairly reasonable but in our experience, as many of you will atest, CPS goes back on their word vitually every time.

As we prepared the record for administrative review the state director himself motioned for the local judge to step down signing his motion "the honorable..."

He is a former juvenile court judge. He based this on the fact that the judge's brother-in-law briefly represented me in the CHINS and criminal case as a court appointed attorney and the the judge asked them some hard questions that seem to perhaps hurt their sensitive feelings. (Gee you think they hurt our feeling at some point?)

Well today we went to court to find out if the judge would recuse himself. He began by questioning why the state director signs cps documents as the "Honorable." All I can say is we found that line of questioning entertaining. Next he found it humorous that they were bringing up my x-lawyer so late in the game and demonstrated that it was a mute issue since he is not a present attorney in this case and had nothing to do with the judicial review. Etc. etc. etc.

He said that he may have offended the "sensitivity of counsel" for DCS but that he had to narrow the issues.

We are now going forward with the judicial review. Unless of course, they can come up with a new legal manuver or way to back out.

This was good news to us. He is not "our" judge but he seems fair and interested in the truth and rights of the accused.

And still...no apology

[MaggieC]

Don't hold your breath for an apology-but after what you and your good family have gone through -although an apology is long overdue it is not necessary to your ultimate goal.

Clear your names.

Then God willing, should you have the strength left, help others.

To think that such things as this occur in our country?

All my best wishes and prayers are with you.


Maggie

[trappedinwreakage]

Now, if Im not mistaken you have grounds to have these people charged for obstruction of justice ? May be able to find a way to cost them their jobs and give them criminal records ? Then as they leave the court room on that day you can look at them and say "Gee.... I'm sorry"

[FINN]

Today we filed a civil action against key players in our case with the federal District court.

We're told that it could be bound in litigation for up to 5 years.

The only present consulation is that most likely they may experience a fraction of what we did do to their incompetence. I'd like to be a fly on the wall when they are served notice that they are named as DEFENDANTS.

[Marina]

Glad to hear it.

Keep us posted of the responses, etc.

We would like to see the text of the complaint.

[good dad]

We're told that it could be bound in litigation for up to 5 years.

The poor defendants may have to sit and stir over it for 5 years?.... Priceless


I'd love to see the complaint also..

My hats off to you and your wife, you've been through and remained together through more than most people could handle.

[MaggieC]

Finn,
You and your family have shown incredible fortitude. Hang in there.
Godspeed-
Maggie