Firefighter who helped save lives needs help now!

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Firefighter
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Re: Firefighter who helped save lives needs help now!

Postby Firefighter » Thu Apr 28, 2016 9:13 am

Another outcome of CPS destruction, mother is now going through bankruptcy proceedings. Previous decent living is wiped out and she needs to wipe out the mounting debt. The father was able to keep away from bankruptcy so far.

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LindaJM
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Re: Firefighter who helped save lives needs help now!

Postby LindaJM » Wed May 18, 2016 9:29 am

I've known of many families facing financial ruin due to CPS interference in their lives. How this "protects" children, I don't know. Well, obviously, the bureaucrats don't really care about children and that is seen when they do these things to their parents and families.
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Please keep in mind that none of us are lawyers and we can't give legal advice. We are simply telling you what we would do in a similar situation. It is to your advantage to get a lawyer.

"Evil flourishes when good men do nothing." - Edmund Burke ... so try to do something to change the system ...

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Re: Firefighter who helped save lives needs help now!

Postby Firefighter » Fri Jun 10, 2016 3:05 pm

NOT GUILTY!!!!!!!!!!!!!
It was a three day trial starting 6-7-16. One whole day was picking a jury. We could tell some disqualified jurors were pre-judging and walking out saying things against the defendant even before hearing the whole case. Anyway, the mix came out in the middle of your normal range of people. There were 5 male and 9 female. Two of them, one female and one male were alternates that listened to the whole trial but were removed at the end. Only 12 jurors remained.
The prosecution had one witness, the police officer who took the original statement from the defendant. The prosecutor thought he would be on their side but the testimony ended up sounding more in favor of the defendant. The defendants daughter (supposed victim) did a great job defender her dad. She was very upset with the prosecution’s grilling of her that they had to stop the trial and take a break. Her mother, the ex-wife of the defendant also went on the stand. She didn’t let the prosecution push her around. She let them know that the defendant was a very good father and would never hurt his daughter intentionally. It was a flawless testimony. The defense lawyer did not use the parasomnia defense but was able to make it clear that all people involved agreed that he was asleep during the episode, as did the 2 polygraph tests. It was originally a 2nd degree CSC case but when the defendant would not take a plea deal, the moved it up to 1st degree. I don’t know how they are allowed to do that.
Anyway, the prosecutor was a bully and the jury seen that. He tried a few dirty tricks like stating information during the trial that was agreed on earlier that it was not admissible. What a jerk. Even in the waiting room he and his assistant would talk sweet to the daughter and then walk into the court room and tear up her dad with all kinds of nasty statements. There were abjections that the judge agreed to slash from the record. The defendant’s lawyer was nice and calm and was kind to the jury. He argued that the defendant was truthful all along, the ex-wife who should hate him explicitly said he would never hurt his daughter and that he had sexual advances before in his sleep and woke up the next day without knowing until his wife told him about it. (I believe it’s possible someone on the jury might have had a sleepwalking or similar episode).
Anyway, the end of the second day was closing arguments. The prosecution went first. He was all fired up and was quoting the law and threw in a few cases that were similar but completely different circumstances. The judge stopped him on that and did not allow it. The defense closing went second and he stressed the reasonable doubt parts, like the daughter was put in her own bed earlier and snuck in bed with dad after she knew he was asleep. She knew dad did not want her to sleep with him so she waited till he was asleep. That would show reasonable doubt that he actually wanted something sexual from her. He stated that the ex-wife said she trusted him with their children and he was a good father – more reasonable doubt. There were about 5 or 6 things he stated that would bring reasonable doubt to the table. The defense attorney sat down and the prosecution was allowed one more rebuttal. He sounded like a jerk. By four o’clock the second day the jury convened to the back room. They left the end of that day without a decision. The next day, it started at 9 am. The jury went about till 11:00 and needed a question answered. The lawyers and the judge argued the question and decided they would have to stick with the original instructions they were given. The bailiff took that info back to the jury room to let them know. In about an hour they came back as a hung jury. The judge told them to continue trying. In about another hour, they came back and said they were still a hung jury and there was no budging on either side. They did have a question “if the defendant was asleep during this episode, would there be any possibility of intent”. The lawyers argued it out and the judge sided with the defense lawyer. There would be no intent. 20 minutes later they had the verdict of not guilty. The judge stated before the verdict was read that there would be no outburst. Everyone just cried.
After we left the court house, all of the jurors waited to congratulate us on the victory. They were all were leaning toward not guilty obviously. On the way out, the guy you pay at the parking garage said congrats. The jurors must have clued him in on it. We mentioned that this whole thing was started by CPS getting their claws on us. Now I can’t quote him exactly, but he stated he agreed completely that CPS is messed up. He has had his share and he is the guy who see’s mothers and fathers coming out of the court parking lot crying their eyes out. He has had a few conversations with them and had concluded that they are causing a lot of heartache and are breaking up perfectly good families.
WE AGREE
We still have to file a motion with the friend of the court in order for the father to be able to see his kids. I think this is due to the divorce. We believe that CPS will now drop the whole thing but we don’t want to jump the gun till we are sure. So for now, there still will be no contact between the father and the kids.
When do the hoops end?

finallyfree
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Re: Firefighter who helped save lives needs help now!

Postby finallyfree » Mon Jun 13, 2016 10:35 am

Congratulations! The father should celebrate this victory. I know he just wants to see his kids and that will happen in time but CPS has no leg to stand on and will likely just go harass someone else now (unfortunately). The father should still stay vigilant and keep up the pressure but at least he has some hope, and that is a powerful thing.

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Re: Firefighter who helped save lives needs help now!

Postby Firefighter » Tue Jun 14, 2016 4:49 am

Thank you for the reply. What took the jury several hours to figure out and conclude with certainty that he was innocent has taken CPS nearly 3 years. I'm sure they still believe what they believe because of their ignorance. They will probably go away kicking and screaming. I say, in order to reduce ignorance, you have to take the time to acquire knowledge. CPS refuses to do so.
I'll let you know when he finally connects with the kids, they can't wait.

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Re: Firefighter who helped save lives needs help now!

Postby Firefighter » Wed Jun 15, 2016 4:48 am

One thing i forgot to mention. The week before the trial, the mother and daughter met with the prosecuting attorney to prepare for the trial. As you know, the mother and daughter were on the father's side. The procecuter has known this all along. During the meeting he said" If I don't win this one, I won't loose any sleep over it". What a jerk. This is obviously a shot at the father and his sleep disorder. That shows you what a bully and how arregant the
the prosecuter is. He laughs about it while the whole family is split apart, they lost everything, not seen each other for 2 years and are out about 150 grand between lost wages and attorney fees. I hope there is an attorney out there willing to help us get some of that back.

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Re: Firefighter who helped save lives needs help now!

Postby scaredparent0135 » Thu Jun 16, 2016 8:48 pm

This was awesome to read. I am very happy for you

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Re: Firefighter who helped save lives needs help now!

Postby Firefighter » Mon Jun 27, 2016 9:41 am

The day has finally arrived. Friend of the court was early in the morning. They were happy to sign an order giving the father parenting time. Both ex’s agreed on everything. They would work it out day by day by themselves. Friend of the court said that’s the way it should be. They went right from the court house to meet up with the kids. More tears of joy and hugs.
By the way, the Friend of the court said “Don’t worry about CPS, tell them if they don’t like it they can sue us”. Both parents since the trial have called everyday to ask about getting their names off the registry. They haven’t returned their calls yet. Friend of the court is aware of the problem now. They seem to have issues with CPS also.
I guess we just wait and see how long it takes for CPS to call back and get the exit ball rolling. We might need to take CPS to court to get things done.
If you need a good lawyer in Michigan (one criminal and one with CPS knowledge) let me know.

Thanks to all for your support.

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Re: Firefighter who helped save lives needs help now!

Postby Firefighter » Mon Jul 11, 2016 4:46 am

Just a note -
After many requests to get names expunged, CPS is not returning calls, just dragging their feet. They seem to be reluctant to do the right thing. Oh wait, that is pretty much their signature move.
Will keep you informed on when and what other hoops we have to go through.

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Re: Firefighter who helped save lives needs help now!

Postby Firefighter » Mon Aug 01, 2016 4:51 am

Still waiting on replies to our requests for expungement. Meanwhile, father is enjoying time with his children which he so missed. But, he is still trying to recover from the financial devistation CPS caused. It may take quite some time. No money for the kids or the ex-wife. Grand-parents have been taking the lead on most of the finanaces. May need to get our story out there???

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Re: Firefighter who helped save lives needs help now!

Postby finallyfree » Mon Aug 08, 2016 9:24 am

glad to hear he is back with his kids as he should be.

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Re: Firefighter who helped save lives needs help now!

Postby Firefighter » Fri Sep 02, 2016 9:08 am

Just a note - CPS still dragging their feet - no expungement granted yet - not even a reply.

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Re: Firefighter who helped save lives needs help now!

Postby LindaJM » Mon Sep 05, 2016 1:34 pm

Hi there, I just read all of this. I'm so happy he was found not guilty and now is spending time with his children. It has been a few difficult years but the future should be better.

He might have to go to court to get his name off the central index. Do you know the laws about expungement in your state?
Sample Document Library

Please keep in mind that none of us are lawyers and we can't give legal advice. We are simply telling you what we would do in a similar situation. It is to your advantage to get a lawyer.

"Evil flourishes when good men do nothing." - Edmund Burke ... so try to do something to change the system ...

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Re: Firefighter who helped save lives needs help now!

Postby Firefighter » Mon Sep 12, 2016 9:14 am

This is pretty much it---
According to Michigan DHHS:

Under the Child Protection Law, you have a right to seek amendment of your Central Registry record or report, or expunction (removal) of your name from the Central Registry by making a written request for administrative hearing to your local MDHHS office.
An administrative hearing will be scheduled to determine by a preponderance of the evidence whether your report or record should be amended, or your name expunged (removed) from the Central Registry. You will receive a letter notifying you of the date, time, and location of the hearing.

Preponderance of evidence - not quilty!
Letters were sent to DHHS- waiting on reply for a hearing.

I don't know how long it takes for a reply, but these are the people who did not care if an inocent, decent, loving father was sent to prison on a CSC1 charge. They did not care if he ended up being severely beaten or even critically injured by other inmates who disliked child preditors. It doesn't matter if you have been a firefighter who has been helping the community for years - CPS can destroy you.

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Re: Firefighter who helped save lives needs help now!

Postby Firefighter » Fri Oct 14, 2016 9:12 am

Finally, mother gets expunged from listing.
The mother, as you may have read earlier, was labeled with "Failure to protect". She had let her ex-husband (who she knew was not a threat, but only had a sleep disorder) come by and decorate the apartment for the next day birthday party for their daughter. This was a yearly tradition for all the kids. Well, CPS caught wind of it (interogated the youngest one at school). It cost 10 grand in legal fees to fight it. She was found not to be a threat, but her name went on the list anyway. She wrote a few letters to DHS explaining all the great accomplishments the kids have done (in school and out) and how she had followed all there rules and that the father was found not quilty. She proved to them what a loving caring mother she has always been and it was time to remove her from the list she should have never been on. Well, it took them several weeks, but she finally recieved a letter last week stating she was removed.
The non-quilty father has not been notified of his expungement yet which holds him back from getting a good job and being able to support his kids.
Meanwhile, the grandparents pull from their retirement (which is thin) to help raise 4 people who have been crushed by CPS.
Till further info......

finallyfree
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Re: Firefighter who helped save lives needs help now!

Postby finallyfree » Mon Oct 17, 2016 4:55 am

More good news (for her). Hopefully he will be successful as well in time. Sorry to hear about the financial strain. The important thing is that the family is back together. The rest will work itself out.

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Re: Firefighter who helped save lives needs help now!

Postby Firefighter » Wed Dec 07, 2016 10:19 am

Just a note....3 more months pass and the father has not been offered an expungement yet. He may never be able to return to his paramedic job. Not sure what force has to be applied to get off the list. Can't see paying a lawyer again. He will just have to keep asking. Kids suffer from lack of fathers ability to pay for things. Car brakes down and asks for rides till he can pay to fix it.

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Re: Firefighter who helped save lives needs help now!

Postby Firefighter » Thu Apr 06, 2017 9:09 am

Continuation of notes - CPS still holds all the cards, will not offer expungement to father even after they lost the court battle. He gets buy on jobs here and there and working for other family members. He is out of a car. He does borrow one to come and see the children. He is very good about it and takes them home for outdoor events and a good meal at his place. Seems in good spririts. Mother has no alimony or child support, grand parents and a new "boyfriend" kick in. She did land a decent job working with her sister - that helps a lot.
Will keep pushing for expungement, in the meantime, a paramedic job is slipping away.
Thanks for reading, not all bad news, just letting you know that things can get slightly better before getting worse.

lori1968
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Re: Firefighter who helped save lives needs help now!

Postby lori1968 » Thu Apr 06, 2017 10:56 pm

I pray for you n your family.Hang in there. Don't give up please.
Goodness will prevail.

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KDus
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Re: Firefighter who helped save lives needs help now!

Postby KDus » Mon Apr 10, 2017 6:19 am

I have wondered how my cases will haunt me. I find out tomorrow, if it will bar me from a job.
It requires a deep background check. There was no place on the 43 page application to disclose it. Given that they wanted me to list every parking ticket and traffic violation, I am worried.
I know there is a very ambiguous felony "arrest" on my record even though I was never arrested, charged or questioned about anything. It was for a "failure to appear" when CPS was using the DA's child abduction unit to look for me and the kids.

Ironically, the person that made the report to CPS had been through her own lengthy case. It still amazes me that someone could make that call, knowing the cost and how damaging it could be to providing a future for the very kids they think they need to help.

dieharddad
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Re: Firefighter who helped save lives needs help now!

Postby dieharddad » Mon Apr 17, 2017 7:30 am

Firefighter wrote:Continuation of notes - CPS still holds all the cards, will not offer expungement to father even after they lost the court battle. He gets buy on jobs here and there and working for other family members. He is out of a car. He does borrow one to come and see the children. He is very good about it and takes them home for outdoor events and a good meal at his place. Seems in good spririts. Mother has no alimony or child support, grand parents and a new "boyfriend" kick in. She did land a decent job working with her sister - that helps a lot.
Will keep pushing for expungement, in the meantime, a paramedic job is slipping away.
Thanks for reading, not all bad news, just letting you know that things can get slightly better before getting worse.


I will say an extra prayer for him to prevail in this effort. Being back with his kids though I'm sure has got to feel good, no matter what the circumstances.

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Re: Firefighter who helped save lives needs help now!

Postby Firefighter » Tue Sep 05, 2017 9:15 am

Sorry, long time no post.
The kids and their mother have moved out of the grandparents home a month ago. They were able to move in with the new boyfriend who has proposed marriage. He has a decent income, kids are no longer crammed into one room at night. They have started at new schools (for the third time in 4 years). All should be good with them. As for the father (ex-firefighter), he still has not been able to get expunged from the list (what a bunch of c@#$). He still has no car, can't afford it right now. He doesn't get to see the kids as much due to them moving farther away. He does see them every other weekend. The grand parents will be setting up some visiting times between them due to the close proximity of their house to his. Otherwise he is doing ok with a little bit of income from side jobs.


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