Tuesday, June 30, 2009
ACLU files suit for foster care funding
Attorneys for the American Civil Liberties Union filed suit in federal court today, asking a judge to stop the state child welfare system from eliminating counseling and increasing caseloads as is proposed if a state doomsday budget becomes a reality this week.
The 16-page suit, filed on behalf of 16,000 foster children, charged that the cuts violate a 21-year-old federal consent decree that gives the ACLU oversight of the well being of children in the care of the Illinois Department of Children and Family Services.
Cuts would result in violations to the decree that "threaten the health, safety and welfare" of children "who will suffer irreparable harm," the suit alleged.
ACLU and DCFS attorneys plan to appear before a federal judge this evening.
DCFS spokesman Kendall Marlowe has acknowledged that the $460 million in proposed reductions to the DCFS' budget "threaten to completely dismantle the child welfare system in Illinois."
"It would virtually eliminate all supportive services to children and families in the system," Marlowe said. "Until the general assembly steps forward to fund these services, we have no choice but to plan for operating under the budget they have given us."
DCFS Director Erwin McEwen released a statement Monday saying that since 2003, DCFS has sustained almost $200 million in budget cuts and any additional reductions would bring his agency "dangerously close" to violating this and other consent decrees.
"Given the proposed budget cuts, we acknowledge the impact on the safety ... and well-being of the children we serve," McEwen said. "We can only hope that the right thing will be done by funding these services today, as opposed to wasting valuable time and resources defending lawsuits."
The budget cuts, according to the suit, would violate the consent decree by increasing caseloads of caseworkers and investigators, slashing payments to foster parents by 50 percent, cutting clinical services and eliminating a number of screenings, evaluations and other supports.
"Just the cost of feeding and housing wards and former wards by itself would exceed the budgeted amount for DCFS," the suit charged.
Cook County Public Guardian Robert Harris, whose attorneys represent DCFS children in juvenile court, had filed suit last week asking a circuit court judge to stop DCFS from terminating, reducing or suspending counseling and other services that help foster children in crisis. That suit is expected to be heard this afternoon in circuit court.
"People are looking at it as if it's a political fight. The reality is that political fight has spilled over and has started to hurt kids in state care," Harris said.
-- Ofelia Casillas
ACLU files suit for foster care funding - Chicago Breaking News
My Two Cents..
How's that go? Oh yeah follow the money!
This story explains a lot.. how many other parents have pleaded with the ACLU to help with their Civil Rights being violated by the family courts and child protective services?
I know I did! (shaking my head) what a fuckin disgrace!
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Drugging Our Children to Death
In Florida, a seven-year-old boy named Gabriel made headlines because he hanged himself with a shower hose in his foster home. It was later discovered that the boy was on an unauthorized cocktail of psychiatric drugs while in the state’s protective custody. He had been taken from his mother who was herself deemed a danger to the child because of drug addiction.
In Texas, a fourteen-year-old boy named Matthew died suddenly after only 29 days of being on a powerful stimulant for ADHD. His devastated parents are suing the drug manufacturer and were recently interviewed on ABC’s “Good Morning America”.
A major news outlet reported that the results of a controversial long-term trial on the atypical antipsychotic, Seroquel, known as Study 15, had been buried by drug makers. The fact that the average patient taking Seroquel gained eleven pounds in one year was successfully hidden for many years. Details of Study 15 finally emerged as lawsuits began playing out in courtrooms around the country. These suits alleged that Seroquel caused excessive weight gain, hyperglycemia and diabetes in thousands of patients. Many of the 9,200 plus lawsuits filed were on behalf of children.
A national newspaper profiled a prominent Harvard psychiatrist, Joseph Biederman, whose claim to fame was the popularization of bipolar disorder in adolescents and children. Biederman’s research contributed to a forty-fold increase in the diagnoses of pediatric bipolar disorder from 1994 to 2003. However, his recent publicity centered on his failure to report nearly $1.6 million in pharmaceutical manufacturers’ consulting fees he collected from the years 2000 to 2007. His “oversight” was uncovered by Senator Grassley’s investigative committee.
The National Institutes of Health and the Food and Drug Administration released a study featured in the American Journal of Psychiatry that found children and teens that died suddenly were 7.4 times more likely than not to have been taking stimulant medications.
These are all taken from recent headlines. These are national current events.
The onslaught of direct-to-consumer advertising to parents and educators about the benefits of stimulant drugs designed for focusing attention and curbing misbehavior has resulted in a large number of deaths and injuries to our nation’s children. And to what benefit? Even the most recent follow-up results of the prestigious MTA Study concluded that any minor benefits exhibited by stimulant drug use in the initial treatment stages of ADHD symptoms in children were not sustained in the long term.
The black boxed warnings added to stimulant treatments for ADHD, antidepressants, atypical anti-psychotics, mood stabilizers and anti-seizure drugs all indicate a causal link between these drugs and suicide. Some package inserts even contain warnings related to violence and homicide. Most labels warn of the possibility of experiencing anxiety, sleeplessness, aggression, loss of appetite, agitation, depression, hallucinations and psychosis.
Nearly all psychiatric drugs have withdrawal and addiction potential, as well as links to other serious illnesses including endocrine issues like excessive weight gain and diabetes. Yet, these drugs are marketed and prescribed nonchalantly to our children—even our toddlers—to control behavior. Is it because the drugs’ benefits truly exceed their riskswhat is known as the risk-to-benefit ratio evaluation of treatment? Or, is it really because our children have been identified as the most lucrative expansion market available to the pharmaceutical industry?
Children are known to be compliant patients and that makes them a highly desirable market for drugs, especially when it pertains to large-profit-margin psychiatric drugs, which can be wrought with issues of non-compliance because of their horrendous side effect profiles, but require no medical tests to diagnose the disorders for which these drugs are prescribed.
Children are forced by school personnel to take their drugs, they are forced by their parents to take their drugs, and they are forced by their doctors to take their drugs. So, children are the ideal patient-type because they represent refilled prescription compliance and “longevity.” In other words, they will be lifelong patients and repeat customers for Pharma!
Branded drugs representing $17 billion in sales lost their exclusivity in 2007. Even though sales grew 3.8% and totaled $286.5 billion, “the U.S. pharmaceutical market experienced its lowest growth rate since 1961,” said IMS’s Murray Aitken, Sr. Vice President of Healthcare Insight. Manufacturers are scrambling to make up these lost revenues just as the average American further tightens his belt in anticipation of a downward spiraling economy.
As insured patient populations capable of paying for exorbitantly priced pharmaceuticals diminish, the importance of government mandated vaccinations, government funded health programs such as Medicare and Medicaid, and mandatory mental health screenings that result in prescription psychotropic drug sales, will all increase in value to Pharma. Sales managers must search for ways to expand market share. As a consequence, Pharma’s lobbyists will intensify their efforts in Capitols across America to promote government endorsed programs funded by tax payers that have a guaranteed reimbursement plan–No matter what price the manufacturers choose to charge!
According to a study published in the May/June 2009 edition of the Journal of Health Affairs, from 1996 to 2006, prescriptions for psychiatric drugs increased by 73 percent among adults and 50 percent among children in the United States. In fact, more money was spent on the treatment of mental disorders for children aged 0 to 17 than was spent on any other medical condition in 2006. That year, as reported by the Agency for Healthcare Research and Quality on April 22, 2009, total expenses for mental health treatment totaled $8.9 billion.
Additional campaigns to screen our children for mental illness, newborns included, are being launched and in various legislative stages. In the April issue of Pediatrics, the government’s U.S. Preventive Services Task Force urged physicians to routinely screen all American teens for depression using unscientific questionnaires that produce a high rate of false mental illness diagnoses. Diagnosis equals treatment recommendation. Treatment equals drugs and exposes our children to the dangers of mind-altering chemicals that have been proven to have only nominal efficacy.
The initiative to drug our children for profit has exceeded all common sense boundaries and is threatening the welfare of every American child. It is up to each and every one of us to stop this madness! We have allowed ourselves to be “sold down the river” by savvy marketing executives who care more about their corporate bottom line than they do about our children or our families. The scope of the collective greed and malice has now reached epidemic proportions and, sadly enough, can be measured in body countsmany of them being our children’s.
The numbers don’t lie. The verdict is in. We are drugging our children to DEATH!
Gwen Olsen spent more than a decade as a sales rep in the pharmaceutical industry, working for health care giants such as Johnson Johnson, Bristol-Myers Squibb and Abbott Laboratories. A well-known media resource, she has been in numerous print, radio, and television media reports, and testified before Congress and the FDA. A 2007 Human Rights Award winner, she currently devotes her time to writing, national speaking engagements, and mental health activism and is the author of the new book, Confessions of an Rx Drug Pusher.
Website: www.GwenOlsen.com
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Saturday, June 27, 2009
U.S. Supreme Court, Girl's strip search ruled unconstitutional
School officials violated the rights of a 13-year-old girl by strip-searching her to look for prescription-strength ibuprofen, the U.S. Supreme Court said Thursday in an unexpected 8-1 ruling that bolsters students' privacy rights.
The ruling moves most of the nation a step closer to California, where a 1988 state law prohibits school employees from conducting strip searches. The court appeared to leave the door open for the searches in some circumstances - but not when school officials are looking only for painkillers and have no evidence that a student is hiding them under her clothing.
The ruling, written by Justice David Souter, said authorities in a Safford, Ariz., middle school had grounds to search eighth-grader Savana Redding's backpack for pills, based on a fellow student's allegation that the girl was supplying them, but not to have a nurse search under her bra and underpants.
"What was missing ... was any indication of danger to the students from the power of the drugs or their quantity, and any reason to suppose that Redding was carrying pills in her underwear," Souter wrote in what may have been his last significant opinion. He is retiring after the 2008-09 term ends Monday.
Although school officials have more leeway than police to conduct searches, Souter said the Constitution's Fourth Amendment still requires educators to show a reasonable suspicion that a student is concealing contraband.
Justice Clarence Thomas, in a vehement dissent, said courts should stop interfering with school officials and leave them free, under a centuries-old standard, to act with the same authority as a parent to search or discipline students.
Such a constitutional interpretation is needed "to keep the judiciary from essentially seizing control of public schools," Thomas said. He said parents who object to a school's treatment of their children can ask their school board or legislature to change the rules, "send their children to private schools or home-school them, or they can simply move."
The ruling came from a court that has construed students' rights narrowly in some areas, including speech, and appeared ready to take the same step for drug-related searches at a hearing in April.
Souter told a lawyer during the session that he would "rather have the kid embarrassed by a strip search ... than to have some other kids dead because the stuff is distributed at lunchtime." Others made similar comments, and Justice Ruth Bader Ginsburg, the court's only woman, told a USA Today reporter later that some of her male colleagues didn't seem to understand the situation from a 13-year-old girl's perspective.
"I wanted to make sure no other person would have to go through this," Redding, now 19, said Thursday in a statement released by her lawyers at the American Civil Liberties Union. In an earlier court affidavit, she said the search was "the most humiliating experience I have ever had."
The case dates to October 2003, when the assistant principal at Safford Middle School pulled Redding out of class, brought her to his office and showed her four ibuprofen pills of 400 mg each, twice the dose of an over-the-counter Advil. School rules banned the pills on campus.
Redding denied she was distributing the pills and agreed to a search of her backpack, which found nothing. The administrator then sent her to the office of the school nurse, who told her to remove her clothes and pull out her bra and underpants for a further search, which again found no pills.
Her mother then sued the district and everyone involved in the search. Thursday's ruling upheld a decision by the Ninth U.S. Circuit Court of Appeals in San Francisco that a strip search of a student for an everyday painkiller crosses constitutional boundaries.
The Supreme Court ruled 7-2 that individual school officials were immune from damages because the girl's rights had not been clearly established at the time of the search. But the justices said Redding could seek damages against the school district if she can show the search was conducted under district policy.
Read the ruling
The ruling in Safford Unified School District #1 vs. Redding, 08-479, can be read at links.sfgate.com/ZHMM.
E-mail Bob Egelko at begelko@sfchronicle.com.
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/06/25/MNE718E4VJ.DTL
Thank you Connecticut DCF Watch for this story..
Connecticut DCF Watch
National Civil Rights Advocates For Families
P.O. Box 9775
Forestville, CT 06011-
9775860-833-4127
Admin@connecticutdcfwatch.comwww.connecticutDCFwatch.com
P.S. For a FREE copy of our Parental Rights handbook with over 300 rulings, send us an email with "Request for free handbook" in subject line. There is also a FREE manual on "reasonable efforts" at our web site.
Wednesday, June 24, 2009
Obama Administration Pushes CRC Ratification
Dear Friend of Parental Rights,
Monday in a Harlem middle school, U.S. Ambassador to the United Nations Susan Rice told a group of 120 students that administration officials are actively discussing “when and how it might be possible to join” (that is, ratify) the UN Convention on the Rights of the Child (CRC).
As before, she also communicated what a disgrace it is that the U.S. would stand with only Somalia against such a widely-accepted treaty.
This is the first direct public statement by the Obama administration that it will seek ratification of the UN CRC.
In my 30 years of political involvement, I have learned to recognize this as what is called a “trial balloon.” Like in World War I trench warfare, our opponents have “sent up a balloon” to see if it will draw fire. If things remain quiet, they will proceed with their plans to push for ratification of the CRC in the U.S. Senate.
To discourage them from doing so, we need to make sure that our voices are heard with unmistakable clarity. We must let the Obama administration know that we oppose this anti-family, anti-American treaty.
Here’s what we need you all to do:
1. Call the White House comments line at 202-456-1111. Tell them you heard the administration wants to ratify the CRC, and you strongly oppose this giving away of U.S. sovereignty to the UN. Also keep in mind that this treaty gives the government jurisdiction to override any decision made by any parent if the government thinks that a better decision can be made—even if there is no proof of any harm.
2. Call Ambassador Susan Rice’s office at the United Nations. Tell her that you want her to represent the United States to the world rather than trying to get the United States to go along with international law initiated by the UN. Her office number is 212-415-4000.
3. Contact your Senators and urge them to oppose ratification of this treaty. (Find your Senators’ contact information by typing your zip code into the box here.) Ask them also to defeat it once and for all by cosponsoring SJRes 16 – the Parental Rights Amendment.
It is very important that we speak up right now. Please call before you close this email!
Sincerely,
Michael Farris
'Jon & Kate' divorce will be hardest on the Gosselins' eight children
"What helps kids heal is a mom and dad's love and reassurance," said Dr. Amy Baker of The New York Foundling Vincent J. Fontana Center for Child Protection.
"But there are so many of the kids that they will have to share the parents' attention."
The sextuplets, in particular, could find it difficult to cope, even after the headlines die down, because they are so close in age.
"The problem is that the kids can become dependent on one another over time and then not get the proper emotional parenting they need," Dr. Donna Tonrey, head of the Marriage and Family Therapy program at La Salle University.
"Siblings who are the same age can only take one another as far along in the healing as they themselves are. They can't help one another moving forward. That is the role of a parent."
Then there's the matter of the reality TV show - "Jon & Kate Plus 8" - that rocketed the family, and all its strife, to fame
"These are kids who can be manipulated by one parent to turn against the other parent," Baker said.
"There is obvious tension for Jon and Kate, and parental alienation is the perfect platform for parents to try to turn the kids against the other.
"If the kids take sides, that has very bad long-term effects. To turn a child against a parent is to turn a child against himself."
It remains to be seen if the Gosselins can take the high road as their marriage dissolves in public, but advocates say that's crucial to protecting the kids.
"One of the worst mistakes parents can make is putting each other down and telling the children details of the marriage that are inappropriate," says Dr. Lisa Rene Reynolds, author of "Still a Family: A Guide to Good Parenting Through Divorce."
"They should sit the children down with both parents in the room when they tell the kids, even if one parent does most of the talking. This lets the kids see that the parents are on the same page."
'Jon & Kate' divorce will be hardest on the Gosselins' eight children
Ryan Reynolds wants to see 'Jon & Kate Plus 8: The Musical'
Jon Gosselin looking at NYC apartment: reports
Jon and Kate Gosselin file for divorce
Gosselin divorce papers suggest 2-year separation
Gatecrasher: Jon and Kate plus his date?
Dr. Amy Bakers Book below
http://www.amazon.com/gp/product/0393705196...
Sunday, June 21, 2009
Happy Fathers Day
Enjoy the kiddies today.. they grow up way to fast..
To all the awesome dads out there that are hurting today because you are not with your children.. due to our "wonderful" system or a vengeful ex..
Hold your head high.. your children know you love them.. but they can't do anything about it today.. they will one day be able to contact you but maybe not this fathers day.
Be compassionate.. they are in an enmeshed nightmare they can't be with you it's not that they don't want to be.. enjoy today and think past the here and now to when you will be together again!
Go out and pamper YOU! You are a dad no matter what.. and deserve to enjoy today with good friends or doing whatever it is that will make you feel like the special man you are!
To all the miserable bastards that took your children away from their mother and the rest of the family.. you will one day rot in the hell of your own making.. these kids aren't idiots they'll figure it out and you will live the rest of your miserable life without them. My wish for you is to live a long painful, lonely existence until the day you die... alone!
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Saturday, June 20, 2009
Kids need care, not pills, ex-foster children tell panel
Margate foster home in April
BY AMY SHERMAN
Mez Pierre, 22, and Kimberly Foster, 25, both from Broward County, told the group that mental health drugs -- already at the center of the investigation of Gabriel Myers's tragic death -- aren't the answer for many foster youth. Children need caring adults who will look at the causes of their difficult behavior, they said -- not simply write prescriptions in an attempt to control it.
Foster said doctors prescribed medication when she got upset about being removed from her home. She was ultimately placed in facilities with locked windows and restraints.
''They were trying to control the symptoms I had from being put into the system. . . . How I reacted was normal,'' Foster said. ``I was sad. I was taken away from my home. Because of that they felt medication was the right way to treat me.''
Florida Department of Children & Families (DCF) administrators and child advocates who formed a work group to study Gabriel's death held their third meeting Thursday in Fort Lauderdale. Gabriel hanged himself in the bathroom of his Margate foster home in April.
He had been prescribed several psychiatric drugs during his nine months in foster care.
Workgroup members spent much of the day talking about issues such as how to improve communication between various professionals who care for foster kids. The leaders discussed various forms and documents collected for each child, and the potential roadblocks in gathering the data -- sometimes as simple as a fax not going through.
Anne Wells, pharmacy director for the state Agency for Health Care Administration, questioned how some of these efforts will help children in foster care. .
''I don't mean to criticize, but I have listened to improvements, and checked boxes, forms and paperwork. I'm sorry. I just don't get it,'' she said. ``Where does all of this stuff head off the outcome that Gabriel had?''
Wells also questioned whether administrators were too quick to blame medication for Gabriel's death, rather than talking about what led to his being medicated in the first place.
OVER-MEDICATED
But both Pierre and Foster told the group that they were over-medicated as foster children.
''To hear a story about a foster youth who lost his life, I take that very, very personally,'' said Pierre, who choked back tears during his presentation. ``I went through a lot of things that Gabriel went through and to see one loss is very painful.''
Gabriel 'wasn't being cared for. He was just told `you have problems,' '' Pierre said.
Pierre added that he was first prescribed medications when he entered the foster-care system at age 5. He was given multiple pills and various diagnoses, including attention deficit/hyperactivity and bipolar disorders.
''When I was on medications, I always felt like a zombie,'' he said. ``I felt drowsy. I didn't feel human. I felt like I was an animal on a farm being tested.''
Today, Pierre is doing what many told him he couldn't do: living a successful life without medications. Pierre, who lives in Deerfield Beach, said he has a job, attends Broward College and hopes to become a lawyer.
''Consider the lives . . . even though it's a difficult job,'' he told the group. ``That doesn't mean to neglect your responsibility and to not work together.''
Foster said she took herself off the medications when she was 18 and pregnant. She now lives in Pompano Beach with her husband and son.
NEVER SUICIDAL
''I have never displayed any suicidal ideations, no mutilations, no disorientations,'' Foster said. 'We are lost if we send a message to youth, `if you cry you are depressed.' We are so quick to put diagnoses on a child for a lot of times being a normal adolescent.''
Both Pierre and Foster are active in a group called Florida Youth Shine which, among other things, testifies in Tallahassee about foster-care issues.
A Miami Herald article that showed Gabriel had been on several drugs, including anti-depressants associated with a higher risk of suicide, prompted DCF to investigate the prescribing of mental health drugs to children.
DCF Secretary George Sheldon formed the work group as part of the wide-ranging investigation.
The group Thursday discussed a recent state review of more than 100 foster children age 5 or younger receiving psychiatric drugs. The study revealed that child welfare administrators are ignoring rules designed to protect the children.
In the majority of cases, for example, there was no documentation to show that case managers coordinated with the prescribing practitioner to obtain a psychiatric evaluation.
Broward County's top child-welfare judge, Circuit Judge John A. Frusciante, read a statement that he recently wrote to ChildNet, Broward's private foster care agency, in response to child advocates in recent hearings who had no knowledge about the existence of ''black box warnings'' on medications. He called for more education of case workers.
''It is deeply disturbing that child advocates have no knowledge of the FDA's highest warnings for possibly life-threatening adverse effects of medications,'' he wrote.
Comments can be made here: http://www.miamiherald.com/news/southflorida/story/1104243.html
(short registration required)
You can see a CBS News video of the foster kids here:
http://gabrielmyers.wordpress.com/2009/06/18/dcf-panel-reviews-mental-health-policies/
Bookmark this page http://gabrielmyers.wordpress.com/ for up to date media coverage on this issue.
Thank you Psych_News@psychsearch.net for this information.
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Thursday, June 18, 2009
Tracy torture victim's disappearance long unknown to police
by Jennifer Wadsworth/TP staff
Jun 16, 2009
A 16-year-old boy allegedly held captive and brutally tortured for more than a year in Tracy wasn’t reported missing to the police until nearly a year after he ran away from a Sacramento group home.
The teen called Kyle Ramirez in court papers — but who has a different legal surname — met up with his “aunt,” Carén Ramirez, after she convinced him to leave the Children’s Receiving Home in Sacramento in early May 2007, according to his testimony in a 928-page grand jury transcript unsealed Friday.
It wasn’t until March 27, 2008 — 11 months after he ran away — that the Sacramento County Department of Social Services reported the child missing to the police. Until then, a couple of social workers made a few phone calls every month to Ramirez and her daughter, Cristina Sanchez. No one ever answered.
Meanwhile, police say Ramirez and three other adults imprisoned the boy inside a two-story home in the heart of Tracy. They said a married couple, their houseguest Ramirez and a next-door neighbor allegedly starved, drugged and regularly tormented, beat and burned Kyle from about July 2007 until the boy’s Dec. 1 escape.
Linda Hirsch, a Sacramento social worker assigned to find the missing teen, said she learned months before Kyle’s escape in Tracy that Ramirez had been collecting a Social Security check in the child’s name. She called the Social Security office, but they refused to give her Ramirez’s mailing address.
At that point, police had taken the investigation off Hirsch’s hands, she told jurors. The first time Hirsch actually met Kyle was on Dec. 2, in the Sutter Tracy Community Hospital, the day after the boy jumped on a trampoline to vault a wall behind the Tennis Lane home and frantically ran into an adjacent health club to beg for help.
“He was very thin, fragile — he had burns, bruises on him,” Hirsch recalled.In fact, Kyle’s untreated wounds were so severe that he was sent to a burn clinic in Davis, where he stayed 20 days — from Dec. 2 to 22 — to recover from skin grafts to repair scabbed-over third-degree burns and other head-to-toe injuries.
A doctor who testified before a San Joaquin County criminal grand jury in March said Kyle’s untreated burns and cuts were serious enough that if the burns were left to heal on their own, they would have restricted the boy’s mobility.
David Greenhalgh, a doctor who treated Kyle at University of California, Davis, Medical Center for most of December, said the boy had severe burns on his left arm that appeared to have been untreated for about three weeks.
During the month before Kyle’s escape from the Tracy home, the family he lived with couldn’t afford to pay the utility bill, so they lived for nearly a month without electricity, witnesses told the grand jury. During that time, the family warmed up by the fireplace to which Kyle was allegedly shackled. That’s when he said he got his worst burn.
Ramirez had allegedly abused Kyle in the past, but the beatings escalated to harrowing torture once he moved to the Tennis Lane home, the boy said. Kyle recounted getting beaten and cut with a mallet, a baseball bat, razors and belts. He said the four adults he stayed with doused him in lighter fluid and bleach, taped his mouth shut and tied his wrists behind his back. At times, the only nourishment he said he’d get was the hard liquor they allegedly forced him to drink.
To abet Kyle’s story are his many scars.Kyle had scars and burns on his lower abdomen, on his back and all over his left arm, according to Greenhalgh. Kyle told jurors that he got the scar on his left arm from passing out after Lau allegedly choked him with a belt. He dropped to the fireplace hearth and his arm fell on the grate while the fire burned.
Kyle said that days or weeks before, his alleged captors restrained him and cut the same arm four or five times with a steak knife.
“And after they got done cutting you, what did they do?” San Joaquin County Deputy District Attorney Angela Hayes asked Kyle.
“So they put my arm over a bucket and then poured bleach on my cut, and then they put a bandage … I think it was a paper towel or something,” Kyle said, according to the grand jury report. “And then they taped it after — oh, my bad — they put butter and salt after they poured the bleach on.”
He said his captors doctored his wounds with bleach, butter and salt. The only time he got to rinse off the blood was when they took him outside and showered him with the hose or doused him with pots of hot water, he said.
Another doctor, Angela Rosas of Sutter Medical center in Sacramento, said the boy had so many injuries that she needed to refresh her memory by looking at a chart before she could talk about them to jurors.
Rosas, who treated Kyle on Dec. 3 for the first time, said he had scars all over the crown of his head that appeared to have been deep enough to require stitches, but many of them were old and untreated. They healed into thick, permanent scars, Rosas said.
Kyle said that the four suspects many times would beat him with a metal baseball bat. Rosas said that the scars appeared to be from something heavy hitting his head and splitting the skin.
When she first saw Kyle in early December, a couple of days after he escaped shackled and bloodied to a Tracy gym, she said his head was covered in what appeared to be glue residue.
Rosas recounted a long list of injuries: Marks on his neck from being choked with a belt, scratches and cuts all over his stomach and back, healing burns on his lower abdomen, burns from some caustic chemical that had dripped near his genitals, a deep cut and third-degree burns on his arm and permanent scars on each wrist from being bound with zip-ties.
Also, Kyle’s ankles were cut from the shackle that kept him chained to the fireplace, according to the transcript.
He was so malnourished from allegedly living off old Halloween candy, the occasional piece of bread and liquor that it could have been why he hadn’t gone through puberty yet, a doctor and prosecutors said. He weighed little more than 120 pounds and, at 5 feet, 4 inches, was short for his age at the time of his escape. He has since gained 50 pounds, according to transcripts.“It was a horrible case of child abuse,” Rosas concluded.
Michael Schumacher, his wife, Kelly Lau, their neighbor, Anthony Waiters, and Ramirez are due in court Thursday.
All but Schumacher, who has yet to enter a plea, have pleaded not guilty to the 17 felony charges of various types of abuse and kidnapping, aggravated assault and false imprisonment by violence.
Tracy Press - Tracy torture victim s disappearance long unknown to police
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Teen in Tracy torture case was burned by lighter fluid, bleach, doctor testifies
Caren Ramirez keeps her head down, during her arraignment in Judge Cinda S. Fox's courtroom at San Joaquin Superior Court in Stockton, Calif., on Monday, Dec. 8, 2008. She is among three suspects charged with abusing and torturing a teen inside a Tracy house. Fellow suspects Michael Luther Schumacher and his wife Kelly Layne Lau also appeared in court. (Cindi Christie/Staff)
By Mike MartinezSan Joaquin Herald
Posted: 06/15/2009 04:27:05 PM PDT
Updated: 06/16/2009 09:31:52 AM PDT
TRACY — A teenager who was held captive in Tracy for more than a year was burned by soaking in lighter fluid, had his wounds treated with bleach, and was left with scars from improperly treated wounds, according to doctors who testified before a grand jury in March.
The boy, referred to as Kyle in court documents, was admitted to Shriner's Hospital in Sacramento after he escaped in December. He was treated for burns on his arm that weren't healing, and he received skin grafts on his left arm in an effort to prevent limitations on his mobility.
When he was seen by doctors, they determined his wounds were at least two to three weeks old, and they could have been older.
A pediatrician who specializes in child abuse and neglect cases at UC Davis Medical Center said she was summoned to Sutter Tracy Community Hospital on Dec. 3 to examine a child in intensive care. While testifying before a grand jury in March, Dr. Angela Rosas said the boy had so many injuries, she couldn't remember them all unless she consulted her notes
"On his head he had very short hair so you could actually see a lot of the scars and injuries that he had on his scalp and his face,'' Rosas said. "He had multiple old scars on the top of his head that were — some of them were just starting to heal, some of them were very old. Those were the top of his head — the very top of his head.''
The boy also had scars from burns on his back, and unhealed
cuts and burns on his arms, legs and torso. The boy also suffered scars around his wrists and ankle from being bound with zip ties and a heavy metal chain, the doctor said.
Four adults — Kelly Layne Lau, 31; her husband, Michael Luther Schumacher, 34; Caren (pronounced Car-men) Ramirez, 44, a family friend who said she was the boy's aunt; and a neighbor, Anthony Vincent Waiters, 30 — were indicted on torture, false imprisonment, criminal threats and multiple counts of aggravated mayhem and corporal injury to a child in connection with the case. If found guilty, they could all spend the rest of their lives in prison.
They are scheduled to San Joaquin County Superior Court in Stockton on Thursday.
The case attracted national attention when the emaciated, filthy, bloody and bruised boy stumbled into a Tracy fitness center and begged for help on Dec. 1, He wore only boxer shorts and a 3-foot-long chain shackled to his ankle .
The boy, who is now living in the Sacramento area, has reportedly gained more than 50 pounds since his ordeal ended.
Lau, Ramirez, and Waiters all pleaded not guilty to a 17-count indictment by a San Joaquin County grand jury, while Michael Luther Schumacher postponed entering a plea until his attorney reviews witness transcripts from the grand jury investigation.
Kyle told the grand jury that he was given almost no food, and that he was given liquor— the only liquid he would get for long periods of time — as often as every day and to the point he would vomit.
He said Ramirez once held him down while Waiters sliced into his forearm with a knife. To treat his wound, they poured bleach on his arm, then slathered on butter with salt before dressing it.
He said his head was cut open with a flashlight, but doesn't remember who did it because ``at that time that they were using it a lot.'' He was never taken to a doctor.
``I had to go wash my head off in the hose outside, and then they would like pour on salt and butter, I guess, because that's Carmen's way of healing up a cut,'' he told the jurors.
Kyle told the grand jury they would often brand him with an aluminum bat that was used for stirring a fire in the fireplace. He said one time, he was choked with a belt until he lost consciousness, fell and his hand landed on the grate in the fire place.
Reach Mike Martinez at 209-832-3947 or mike.martinez@bayareanewsgroup.com
Friday, June 12, 2009
Video of Senator John L. Samson's 1st Hearing on Court 'Ethics' corruption
I'm pretty sure they don't mind my sharing something this important!
Thank you guys from the bottom of my heart.. Senator Samson for holding this hearing and Expose Corrupt Courts for everything they do including but not limited to posting this video!
Video of Senator John L. Sampson's 1st Hearing on Court 'Ethics' Corruption
CLICK HERE TO SEE Part 1 of Monday, June 8, 2009 Hearing
Come back again and CLICK HERE to watch Part 2
My Two Cents- It would be fantastic if Senator Schafer and Senator Pam Roach who have exposed similar corruption in their States would take steps to team up with Senator Samson.. and perhaps could connect the dots to a much larger corruption probe.. in all States!
Below is my Statement.. with regards to the apparent corruption and blatant covering up of numerous violations in my case.
Dear Senator Samson et all on the Judiciary Hearing Committee;
From the bottom of my heart, I want to thank you for this hearing on court ‘ethics’ corruption. I ask that once these hearings are over and all the proof is available you will find nothing short of appointing a “Special Prosecutor” will get to the bottom of these blatant crimes as well as Constitutional and Human Rights Violations.
My personal case exposes egregious conduct of attorneys, Hearing Officers and Judges in Richmond County. I have written to the Grievance Committee, Special Inspector General Sherrill Spatz, and the Commission on Judicial Conduct numerous times through the unbearably painful eight years since I’ve been unconstitutionally kept from my children. To no avail. My children have been illegally kidnapped under color of law despite a valid Order of Protection against my abuser, who has been given custody.
First I’d like to take a moment and explain the possible reason for the blatant ignoring of laws, constitutional and human rights violations and the apparent blatant corruption in my case:
1. My Estranged Husband Mr. Argenziano lives in Richmond County with Ms. Aggie Panepinto.
2. Estranged Husband works for Catholic Charities, Catholic Youth Org. (CYO) in Richmond County, for the last 20 years under the direction of the Executive Director, Mr. Joseph Panepinto.
3. Mr. Joseph Panepinto is married to Sitting Richmond County, Supreme Court Judge Barbara Panepinto.
Is it just me or does that sound like dangerously strong political power; combining church and state?
I Louise Uccio, obtained a final Order of Protection including Child Custody and Child Support from the Chancery Division of the Superior Court in Manalapan New Jersey, against my estranged husband Mr. Argenziano for his putting me through a glass dinning room table backwards, causing me to need stitches in my shoulder inches from my jugular vein.
My estranged husband Mr. Argenziano, refused to pay Child Support and kept breaking into the home while I was at work and taking items from my possession, including my clothing. I was unable to have Mr. Argenzinao held in contempt of the orders because I did not know what state he was living in. I could not afford the rent and was being evicted. Under duress of this mayhem, my children and I were forced to moved in with family in New York.
Once back in New York, Mr. Argenziano continued to violate the valid Order of Protection numerous times, four of those times were maliciously contacting Child Services, three of which were labeled malicious calls by Mr. Argenziano without merit. The last call, which was placed after Mr. Argenzinao was living with Ms. Panepinto. Child Services and the apparent Richmond County legal mafia had me maliciously indicated, and falsely labeled a dangerous drug addict that should have no contact with my children and has not seen or spoken to them for the last eight years.
Child Services and the apparent Richmond County legal mafia had me maliciously indicated, and falsely labeled a dangerous drug addict that should have no contact with my children and has not seen or spoken to them for the last eight years. This was accomplished notwithstanding documentation to the contrary and the valid Order of Protection, which were both deliberately kept off the record and not enforced by any players in this apparent RICO kidnapping. I was refused drug testing and my 100% negative voluntary hair drug test along with the false Child Services indicated case were also precluded from the record.
It must be noted that CYO where Mr. Argenziano, has been employed for the last 20 years and Child Services are in a financial partnership via Title IV Federal Funding.
It should also be noted that I Louise Uccio worked full time, in the State of New Jersey from August 1999 until January 2004.
Uccio v Aregnzinao Richmond County, Family Court Docket #’s V-00815-17/03, V-00816-03/05C, V-00816-03/06D, V-00817-03/05C, V-00817-03/06D, V1178-80103, F-03431-03
January 15, 2001, Mr. Argenzinao made a malicious call to DYFUS, stating I had viciously bit my son [S.U.] Case closed on February 20 2001, unfounded.
See DYFUS unfounded report on www.DisgustedWithTheSystem.blogspot.com in the Article 78 documentation on the bottom right hand side of the web page.
February 23, 2001, I obtained a FINAL Order of Protection, against Mr. Argenziano, along with and custody of the minor children. This was accomplished after a full and fair two hour hearing. Order of Protection # FV-13-001310-01A, Superior Court Chancery Division, Family Part, Monmouth County New Jersey. Mr. Argenzinao was ordered to pay child support which would accumulate to nearly 40k in arrears, before it would disappear behind closed doors in the courts of Richmond County, New York.
See orders of protection on www.DisgustedWithTheSystem.blogspot.com and child support arrears in the Article 78 documentation on the bottom right hand side of the web page.
March 15, 2001, Mr. Argenzinao made a malicious call to The Administration for children’s Services (ACS), stating that I had punched my daughter Dawn in the face. Case closed on May 3 2001, unfounded. Police Report taken- children were unharmed not in any distress and appeared safe.
March 16, 2001, Mr. Argenzinao made a second consecutive malicious call to ACS, stating the child Dawn had internal damage that the police couldn’t see the evening before. No hospital documentation proving this allegation. Case closed on May 5 2001, unfounded. This was the third malicious call to child services within three months, from Mr. Argenzinao. Police in New York’s 123 precinct would not take legal action against Mr. Argenzinao for violating an Order of Protection.
See all transactions with ACS for proof of everything I’ve thus far stated with regard to the police report and child abuse and Mr. Argenziano’s false claims, along with his name is on the ACS paper as having made a false complaint on www.DisgustedWithTheSystem.blogspot.com in the Article 78 documentation on the bottom right hand side of the web page.
March 19, 2001, Mr. Argenziano obtained a malicious Order of protection against me despite contradictory police reports in New York. Nevertheless an Order of protection was issued from Richmond County Family Court Judge McElrath. Said Order of Protection against me was dismissed based on ACS’s decision of “No creditable evidence to support the allegations initiated by Mr. Argenziano.” months later, yet those same unfounded ACS reports were used by Mr. Argenziano’s unethical attorney Catherine Bidge esq., as grounds for custody two years later.
At the time of this malicious order of protection against me a child custody and child support case was active against Mr. Argenziano in N.J, wherein Mr. Argenziano refused to pay his court ordered child support.
See proof of the police report and the orders of protection on www.DisgustedWithTheSystem.blogspot.com for the transcript with this date, in the Article 78 documentation on the bottom right hand side of the web page.
March 26 2001, I had Mr. Argenziano in court in N.J. for failure to pay child support. I told Judge what Argenziano was doing in N.Y.(maliciously calling child services) to escape his obligation to pay. Mr. Argenziano was warned to pay or else.
See Transcript on www.DisgustedWithTheSystem.blogspot.com for the transcript with this date, in the Article 78 documentation on the bottom right hand side of the web page.
April 2001, I was evicted from the family home in Manalapan. Mr. Argenziano refused to pay child support and continued to enter the house taking furniture while I was at work. Manalapan Police could not help me, claiming it was because I didn’t have proof the items were in the house or that it was Mr. Argenziano removing them. I had to change the locks, and stay up at night in fear of when Mr. Argenziano was coming back. I was eventually forced under this mayhem to move back to N.Y.
May 7 2001, I went to court in Manalapan trying to get the child support case heard. I was told the child support case needed to be sent to NY because all parties now lived in NY. Child Support only was sent to Richmond County New York for processing.
See proof of this in the child support arrears documentation on www.DisgustedWithTheSystem.blogspot.com and see transcript with this date, in the Article 78 documentation on the bottom right hand side of the web page.
May 24 2001, original forensic evaluations rendered Mr. Argenziano abusive were fraudulently altered in 2003 to paint quite a contradictory picture of why I was given custody in 2001, which no longer makes any sense.
October 10, 2001, I had an emergency hospital admission, I was rendered unconscious, after accidentally ingesting the wrong medication. Sadly, thousands of hospital admissions occur due to this problem a year. Mr. Argenzinao had the children of the marriage while I was in the hospital.
October 16, 2001, I was an inpatient in the hospital. Mr. Argenziano came to the hospital to further his abusing me and fought with me because I wouldn’t allow him to control who I spoke with in the hospital. Mr. Argenziano left the hospital and made his fourth malicious call to ACS, stating I was a drug addict who attempted suicide. Once again violating the Order of Protection against him. I was unable to get any police department to help me.
October 17 2001, Mr. Argenziano arrived at the hospital with Noreen Boffa a child services worker. After a five minute conversation Noreene Boffa maliciously prosecuted and negligently misrepresented me to the state registry as a neglectful mother, falsely charged with abusing drugs and alcohol despite contrary hospital documentation available five feet away from where the interview took place in the psychiatric unit of the hospital. I was asked if it was ok if the children stay with Mr. Argenziano for the duration of my hospital stay. I agreed not knowing I was being labeled a drug addict or being indicated as a neglectful mother. ACS- closed case against me - indicating me without a court hearing, or an neglect petition. Case would be over turned as soon as I found out about it, over-turned date July 12 2006. A lawsuit against the city and Child Services would be filed in October 2006, for Malicious Prosecution and Negligent Misrepresentation.
October 23 2001, Hospital Discharge - Severe Depression - No mention of drugs whatsoever.
See Hospital Discharge papers on www.DisgustedWithTheSystem.blogspot.com in the Article 78 documentation on the bottom right hand side of the web page.
January 31 2002, I was evicted again, Mr. Argenziano’s continued his refusal to return the children of the marriage to me despite my being granted legal custody in another State, nor would Mr. Argenziano pay his arrears or any of his child support. Thankfully I was seeing the children when Mr Argenziano was at work.
See two sets of eviction papers on www.DisgustedWithTheSystem.blogspot.com in the Article 78 documentation on the bottom right hand side of the web page.
September 2002, Mr. Argenziano moved Aggie Panepinto into his home where she acted as if she were the mother of the children. No longer allowing any contact between me and my children.
See 2003 forensic evaluation for proof that Mr. Argenziano and Ms. Panepinto live together on, www.DisgustedWithTheSystem.blogspot.com in the Article 78 documentation on the bottom right hand side of the web page.
March 18 2003, I went to N.J. court to get something done to allow me to have my children back, I was told that the family now lived in New York and I had to go to court in New York. I went to the Family Court In Richmond County to tell my story and see what needed to be done to get the child support case heard in N.Y. I was told the case had not been sent to NY yet and I had to wait. I also told them that I was not seeing my children because Mr. Argenziano was not allowing me any access to them, I told the court I had custody from N.J. and Mr. Argenzinao was violating my valid OP by keeping the children from me. The Clerk told me I had to file a motion for visitation.
May 2003, Mr. Argenziano’s counsel Ms. Catherine Bridge esq., subpoenaed my hospital records and was fully aware that there was no mention of drugs whatsoever yet she used allegations of drug abuse as grounds to switch custody to Mr. Arenziano. See Actual Subpeona[s], and Petition for custody by Argenziano on www.DisgustedWithTheSystem.blogspot.com in the Article 78 documentation on the bottom right hand side of the web page.
April 29 2003, I was sent to Staten Island Family Court Services by Hearing Officer Bonnie Cohen Gallet for a forensic evaluation. Forensic evaluator Mrs. Amerose labeled me a dangerous drug addict and refused to allow me to drug test to disprove the malicious allegations. ACS received a fax from the probation department stating that I was “indicated” in an ACS case yet this information was withheld from me and the record.
See doctored forensic evaluation on www.DisgustedWithTheSystem.blogspot.com in the Article 78 documentation on the bottom right hand side of the web page.
July 1 2003, Hearing Officer Gallet acting without subject matter jurisdiction read from the report of Mrs. Amerose wherein I was labeled a dangerous drug addict and ruled that I should not only be denied visitation with the children I had custody of but my non visitation should be suspended until further notice. I was denied drug testing this day, for the fourth time.
See Orders void of any drug testing, on www.DisgustedWithTheSystem.blogspot.com in the Article 78 documentation on the bottom right hand side of the web page.
July 28 2003, I obtained a voluntary hair drug test from my employer Starwood Hotels using Quest labs in Edison New Jersey. Said drug test was 100% Negative.
See Drug Test on www.DisgustedWithTheSystem.blogspot.com in the Article 78 documentation on the bottom right hand side of the web page.
September 11 2003, My voluntary drug test was precluded from the record. My court appointed attorney Mr. Mario Acunzo esq., did nothing to help me get this test on the record or be reunited with my children.
December 29 2003, Child Support case opened against me while a child support case was still open against Mr. Argenziano, and I still had legal custody. Behind closed doorsMr. Argenziano’s arrears were totaled out at 0, and I was charged with back child support beginning the day I went to the courts in New York for help. (March 17 2003) Arrears set against me erroneously at 10k instead of 5k and penalties accrued daily to date.
January 15 2004, child Custody hearing, I was approached outside of the court room by my court appointed attorney and told that if I argued that I wanted custody and insisted I wasn’t a drug addict with the hearing officer I would never see my children again. I was warned the only way to see my children again was to allow Mr. Argenziano to have legal custody in return for some sort of contact with my children via “visitation.” Having already been kept from my children for seventeen months by the same hearing officer, yet denied an opportunity to defend myself I was in a state of shock and emotional turmoil. Without anywhere else to go I naively allowed my attorney to coerce me against my better judgment. I was desperate to see my children again. After I was coerced into giving up my already won legal custody of my children in N.J., visitation was contingent on Mr. Argenziano’s compliance. I was granted visitation on the grounds that Mr. Argenzinao contact me when the children had after school activities. One supervised visit was ordered in which Mr. Argenziano refused to allow the children to see me, aside from that one attempt, at a formal visit, no substantial visits were ordered.
See INITIAL not MODIFIED Child Custody Petition and Child Custody Order along with visitation Orders on www.DisgustedWithTheSystem.blogspot.com in the Article 78 documentation on the bottom right hand side of the web page.
April 7 2004, Catherine Bridge esq., wrote to Office of Child Support (OCSE) stating that Mr. Argenzinao had child custody. The letter also stated that Mr. Argenzinao was asking the courts to vacate any arrears and set the obligation to zero.
October 2004, I was jailed for not having the money to pay child support. I had to come up with 3,000 to give Argenzino to get out of jail.
January 5 2005, after a year with only one opportunity to visit with my youngest child outside the fence of one of his baseball games, along with numerous times back in court. My civil rights were once again violated when I was humiliated with racial discrimination by both Hearing Officer Gallet, and Catherine Bridge esq.,
I was told on the record that I need to understand that my children live in white bread middle class Staten Island and to have mommy show up on a motorcycle with a black man would embarrass them. Alluding to the fact that because I had a black boyfriend I was being kept from my children.
See Transcript on www.DisgustedWithTheSystem.blogspot.com for the transcript with this date, in the Article 78 documentation on the bottom right hand side of the web page.
February 2005, I attempted to file an appeal, was told by the clerk in Richmond County Family Court he would forward my appeal papers, stamped my copy yet never forwarded anything.
See stamped appeal papers on and warrant for my arrest on www.DisgustedWithTheSystem.blogspot.com in the Article 78 documentation on the bottom right hand side of the web page.
December 2005, I borrowed money from my boyfriends family to hire an attorney (Lawrence Sykes esq.,)
See notarized, I.O.U on www.DisgustedWithTheSystem.blogspot.com in the Article 78 documentation on the bottom right hand side of the web page.
December 9 2005, attorney Lawrence Sykes send in an affirmation of engagement to Cheryle Weir Reeves (child support referee). Mr. Sykes informed Uccio that she did not need to drive 50 miles to court on that day, he claimed the case was adjourned. I once again took my attorneys advice.
See affirmation and warrant for my arrest on www.DisgustedWithTheSystem.blogspot.com in the Article 78 documentation on the bottom right hand side of the web page.
January 23 2006, I arrived in Richmond County Fmily Court to be heard before Judge Terrence McElrath who was acting without subject matter jurisdiction and was arrested on the spot. Cheryle Weir Reeves who was also acting without subject matter jurisdiction had put a warrant out on me for my non appearance in December as advised by my counsel. I had to pay Mr. Argenziano 5,000 to get out of jail.
See Orders from Child Support on www.DisgustedWithTheSystem.blogspot.com in the Article 78 documentation on the bottom right hand side of the web page.
May 2005, I fired attorney Sykes.
May 2006, McElrath insisted I go to Staten Island Family Court Services (SIFCS) despite my pleas that I wanted another forensic evaluator due to the fact that SIFCS fraudulently withheld information from the record, denied me drug testing or an opportunity to debunk the false allegations from ACS, yet labeled me a drug addict three years earlier and cost me child custody in 2003.
See transcript for this date on www.DisgustedWithTheSystem.blogspot.com in the Article 78 documentation on the bottom right hand side of the web page.
June 14 2006, Mitch Rousie forensic evaluator sent the court an unsigned evaluation stating that I should not see my children claiming that I was intrusive, manipulative and prone to rage-full conduct without any basis or back up proof, for this decision.
See unsigned forensic evaluation on www.DisgustedWithTheSystem.blogspot.com in the Article 78 documentation on the bottom right hand side of the web page.
June 15 2006, Hearing before Judge McElrath, was refused me any contact with my children until I agreed to come back to the court with a letter from my therapist taking responsibility for my actions in my estrangement from my children.
See Order on www.DisgustedWithTheSystem.blogspot.com in the Article 78 documentation on the bottom right hand side of the web page.
August 16 2006, I Attempted Appeal for Judge McElrath’s outrageous Order with the Second Department Appellate Division. Motion denied as Academic.
September 19 2006, I filed a Writ of Habeas Corpus pro se on behalf of my children. Writ was heard before Judge Micheal Ajello in the civil part of Richmond County Supreme Court. I was unaware that I needed to withdraw all motions before Judge McElrath prior to going to Supreme Court. Writ was sent back to Judge McElrath, lost en route and found three months later in December 2006.
See Writ and Judge Ajello’s Orders on www.DisgustedWithTheSystem.blogspot.com in the Article 78 documentation on the bottom right hand side of the web page. I have documentation not on the blog of lost paperwork.
October 10 2006, I filed a Malicious Prosecution and Negligent Misrepresentation lawsuit filed against the City and ACS.
See Law suit on www.DisgustedWithTheSystem.blogspot.com in the Article 78 documentation on the bottom right hand side of the web page.
November 2006, I borrowed 15k from a co-worker to hire an attorney (Peter Lomtevas esq.),
to begin a divorce case in Westchester. I felt switching venues and moving the case to the Supreme Court may prove beneficial to obtaining access to my children and changing child custody fraudulently stolen from me.
January 2007, Peter Lomtevas filed and served Mr. Argenziano with a matrimonial summons and complaint including child custody back to me. Westchester Supreme Court index # 772/2007.
May 15 2007, Preliminary Conference was scheduled before Justice Louis Lubell. Peter Lomtevas did not argue Catherine Bridge Esq.‘s motion for forum non- conveniens, case was sent back to Richmond County Supreme Court.
See this Order on www.DisgustedWithTheSystem.blogspot.com in the Article 78 documentation on the bottom right hand side of the web page.
September 2007, case was scheduled before Judge Barbara Panepinto Index # 50822/07.
December 11 2007, After two attempts by my attorney Peter Lomtevas to get Judge Panepinto’ to recuse and her refusal. She finally agreed to recuse herself after barking at me from the bench “Do you really think my husband and your husband know each other.” Wherein, I replied with something along the lines of “Anyone of reasonable mind knowing the circumstances of this case would at the very least raise an eyebrow” It was then that she tossed something on across the bench and recused.
See Judge Panepinto’s recusal on www.DisgustedWithTheSystem.blogspot.com in the Article 78 documentation on the bottom right hand side of the web page.
Case was given to Judge Debra Silber in the Richmond County Supreme Court.
May 21 2008, Peter Lomtevas refused to ask for the Order zeroing out Mr. Argenziano’s child support in discovery and he also advised me to voluntarily break my order of protection by allowing Mr. Argenziano to be the person who supervised my visits with my children. I refused to sign any such agreement, it was then that he filed a motion to be relieved as counsel. Judge Silber allowed Mr. Lomtevas to be relieved in violation of (22 NYCRR 1200.15 [c])
May 21 2008, I had prepared in advance for Mr. Lomtevas being allowed to recuse and filed another Writ of Habeas Corpus before Judge Silber. Index # 50822/2007
See Writ on www.DisgustedWithTheSystem.blogspot.com in the Article 78 documentation on the bottom right hand side of the web page.
May 21 2008, Judge Silber refused to hear the Writ despite my pleading with her on the record that this case was based on fraud, and reminding her of her duty as an integrated domestic violence Judge to protect Orders of Protection which include child custody and child support. Instead Judge Silber asked Mr. Argenziano on the record if he would allow me access to my children.
I reminded Judge Silber that she was violating my Constitutional rights, CPLR 7003, Violence Against Women’s Act (VAWA), Parental Prevention Kidnapping Act (PKPA), as well as Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA). Obviously Judge Silber was acting as Mr. Argenziano’s agent. I also reminded Judge Silber that she was acting without jurisdiction on the child custody. She stated on the record that she didn’t know what I was talking about. Judge Silber addressed my concerns on the record with a statement that there was no magic wand for dealing with fraudulent child custody orders. She stated that in lieu of the Writ she was going to start from scratch as if I was never granted custody in NJ and as if Mr. Aegenziano was not holding a fraudulent custody order and keeping me from my children going on nine years.
July 18 2008, Due to my exposing this case on the internet Judge Silber issued an unconstitutional Gag Order against me. This was ordered despite my proving Judge Silber was acting unconstitutionally as per Chief Judge Kaye’s decision as published in “Public The Effect of Presumptive Public Access to New Yorks Family Courts, Published by, The Committee on Communications and Media Law on April 2000 vol 55, No 2 I submitted a copy of this publication in my reply to the Gag Order.
See Judge Silbers Transcripts and Orders on www.DisgustedWithTheSystem.blogspot.com in the Article 78 documentation on the bottom right hand side of the web page.
July 11 2008, Judge John M. Leventhal refused to sign the Writ of Habeas Corpus presented to the Appellate Division Second Department.
July 21 2008, I filed an article 78 against Judge Debra Silber in the Richmond County Supreme Court. Clerks put Article 78 before Judge Thomas P. Aliotta Index # 080250/08.
See entire Aricle 78 documentations on www.DisgustedWithTheSystem.blogspot.com in the Article 78 documentation on the bottom right hand side of the web page.
July 24, 2008 (stamped) July 18 2008, (written in pen as date), Judge Silber dismissed Divorce summons and complaint on the grounds of failure to state a claim of cruel and inhuman treatment.
August 14 2008, I was told that Judge Aliotta would not sign the article 78 he had conferred with Administrative Judge Philip Minardo, and was told that I had to file it in the Appellate Court.
July 24, 2008 (stamped) July 18 2008, (written in pen as date), Judge Silber dismissed Divorce summons and complaint on the grounds of failure to state a claim of cruel and inhuman treatment.
August 14 2008, I was told that Judge Aliotta would not sign the article 78 he had conferred with Administrative Judge Philip Minardo, and was told that I had to file it in the Appellate Court.
August 26 2008, I finally got my Article 78 accepted and filed in the Appellate Division Second Department Index # 2008-7869. Acceptance by the Appellate Division was blocked by Chief Clerk James Pelzer and the assistant chief judge, signed by Hon. William McCarthy July 21 2008, August 26 2008, September 4 2008, back and forth Verified Petition, answer and counter in Appellate Court.
Docket # 08-8169 + 8171.
October 24 2008, The Appellate Division Second Department entered an answer of my not having a clear and legal right to the relief sought. Citing Holtzman v Goldman ,71 NY2d 564, 569; see Matter of Rush v Mordue 68 NY2d 348.
No other action was taken on this case yet.
Thus far there have been violations of First, Second, Fifth, Sixth, Seventh, Eleventh, Seventeenth and Eighteenth, Rights Guaranteed by the American Declaration of the Rights and Duties of man.
There have been violations of the First, Fifth, Ninth as well as the Fourteenth, Amendments to the Constitution.
There have been violations of:
Title 28 U.S.C. Section 1738 Full Faith and Credit given to Child Custody determinations.
Title 18 U.S.C. Section 2261 Having caused me to travel interstate because of duress and mayhem.
Title 18 U.S.C. Section 2261(a)(1) Interstate travel to commit domestic violence.
Title 18 U.S.C. Section 2262(a)(1) Interstate travel to violate an order of protection.
Article VIII of the Federal Rules of Evidence: Hear Say, Rule 801 (c ) Hearsay is a statement made out of court may not be admitted for it’s truth.
Fraud Upon The Court By Fiduciaries of The Court:
The Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) Unclean Hands and Simultaneous Proceedings. “If other states if presented with a petition for initial or modified child custody and the court finds out there was an initial custody determination in another State that court must stay the proceedings and communicate with the other court.”
The Parental Kidnapping Prevention Act (PKPA) Section 208 ( c ) The court must decline jurisdiction by reason of the conduct of the petitioner as well as, Simultaneous Proceedings, The UCCJEA provides that except as otherwise provided in DRL 76-c, with respect to temporary emergency jurisdiction, a New York court may not exercise its jurisdiction under Title 2 if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has been commenced in a court of another state having jurisdiction substantially in conformity with the UCCJEA, unless the proceeding in the other state has been terminated or is stayed by the court of the other state because a court of this state is a more convenient forum under DRL 76-f.
The New York State Custody and Visitation Laws 9.13 DRL 76 (f) Declining Jurisdiction based upon unjustifiable conduct.
New York State 9.18 DRL 75 (i) Communication between the courts is mandatory and a record of such written communication must be retrievable in perceivable form.
New York State DRL 75(j) Catherine Bridge Esq., failed her duty to inform the court of the N.J. Domestic Violence proceedings and the final Order of Protection including, Child Custody and Child Support.
The New York State Family Court Act 451, the court of Appeals decision in Matter of Dox v Tynon (90 NY2d 166 [1997] interpreting this statue, court has no authority to modify or annul the arrears that have accrued from a child support order.
No man shall be permitted to profit by his own fraud, or take advantage of his own wrong, or to found any claim upon his own iniquity, or to acquire property by his own crime.
CPLR 7001-7012 Habeas Corpus
Code[s] of Professional Responsibility, Including but not limited to:
(1) Engaging in conduct involving dishonesty, deceit, misrepresentation, and conduct prejudicial to the administration of justice:
DR 1-102 [a] [4] [5] (22 NYCRR 1200.3 [a] [4] [5])
(2) Engaging in conduct adversely reflecting on his/her fitness to practice law:
DR 1-02 [a] [7] (22 NYCRR 1200.3 [7])
New York Penal Code Law Section 135.00: Kidnapping Coercion and Related Offenses.
New York Penal Code Law Section 135.25(1) (2b,2c,2d): Kidnapping in the first degree.
New York Penal Code Law Section 135.30: Kidnapping Defense: does not apply here, sole purpose of my estranged husband was not only control of the children, it was to violate a valid restraining order and torment me, a domestic violence abuse survivor. Additionally the court can not make claim it was a relative.
New York Penal Code Law Section 135.65 (c): Coercion In The First Degree.
Fundamental Maximums of Common Law: “No one shall be permitted to profit by his own fraud, or to take advantage of his own wrong, or to found any claim upon his own iniquity, or to acquire property by his own crime. These maxims are dictated by public policy, have their foundation in universal law administered in all civilized countries, and have nowhere been superseded by statutes."
A classic case in this respect is Riggs v. Palmer, 22 N.E. 188 (1889).
Title 18 U.S.C Section 1961 (1988) Rico Kidnapping Under Color of Law.
Title 18 U.S.C. Section 241 Conspiracy Against Rights.
Title 18 U.S.C Section 1203 Kidnapping Under Color of Law.
Title 18 U.S.C. Section 242 Deprivation of Rights Under Color of Law.
The documentation in this case is quite volumous, if you decide to investigate and need proof, please contact me at (917) 806-8301 or the address above.
I wrote letters of complaint to:
September 2004, Richmond County Bar Association, Grievance Committee about Hearing Officer Gallet
Reply: From Richard Corash, No professional misconduct found,
September 2005, Richmond County Bar Association, Grievance Committee about Hearing Officer Gallet
Reply: From Lawrence F. DiGiovanna, No professional misconduct found
July 19 2005, James Veloce, Deputy Clerk of Richmond County, Family Court
Reply: My case was dismissed due to non-appearance suggested I re-file Petition, Noted my concerns and forwarded my letter to William Quirk, Clerk of Court
Sept 19 2005, James Veloce again.
September 30 2005, William Quirk , Clerk of Richmond County Family Court
Reply: called me back set up an apointment. Recent ruling you can now have a Judge, no longer forced to stay with Hearing Officer. Noted Gallett’s racial bias yet stated he didn’t feel she was being racist he felt she said Staten Island was racist.
October 13 2005, Office of Professional Discipline
Reply: From Kathleen Hearn, No professional Misconduct as defined by statue
October 13 2005, Office of Professional Discipline
Reply: From Kathleen Hearn, With regards to your complaint we would be unable to secure the documentation necessary to reach a decisive conclusion since you do not have custody of your children.
January 6 2006, Richmond County Bar Association, Grievance Committee
January 9 2005, Commission on Judicial Conduct
January 23 2006, Kim Desiree Esq.
Letter returned
February 3 2006, Commission on Judicial Conduct
February 16 2006, Reply, Dismissed complaint, I may want to address my complaint to Judge Joan B Carey Deputy Administrative Judge
February 22 2006, Hon. Joan B. Carey
Reply from Chief Magistrate Peter Passidomo - He can not intervene in Gallet’s cases however he will investigate.
February 22 2006, Hon. Joan B. Carey
Reply from Chief Magistrate Peter Passidomo - He can not intervene in Gallet’s cases however he will investigate.
August 16 2006, Richmond County Bar association, on behalf of the “accounting error” in child support.
July 12 2006, Sherrill Spatz, Special inspector General, NYS Commission on Judicial Conduct, Office of Professional Discipline. Attorney, Sheila Birnbaum, Chair Commission on Fiduciary Appointments, New York City Commissioner, Martin F. Horn, Richmond County Bar Association.
August 12 2006, Chief Judge Kaye cc to Sherrill Spatz
August 16 2006, Office of the State Inspector General, Executive Chamber
August 19 2006. Governor George Pataki
September 5 2006, Chief Judge Kaye cc to Sherrill Spatz
September 2 2006, Richmond County Bar Association, Grievance Committee
September 2 2006, NYS Commission on Judicial Conduct
September 5 2006, Office of Professional Discipline
September 27 2006, Sherrill Spatz
Reply - She tried diligently to help me get the over turned case onto the record, yet once I figured out the Political connection to Judge Panepinto and brought that to Ms. Spatz attention, it was as if I had some communicable disease.
October 20 2007, Governor Elliot Spitzer
October 20 2007, U.S. Department of Justice
November 8 2007, Administrative Judge Philip Minardo
Reply He would take my complaints under advisement
November 8 2007, November 13 2007, Office of the Richmond County District Attorney
November 14 2007, February 28 2008, State Senator Diane
Reply: She wouldn't be able to help me.
March 28 2008, New York State, Office of Children & Family Services
Reply: It was no longer their problem, they blamed the courts.
April 4 2008, Brooklyn District Attorney: Charles Haynes
April 4 2008, Attorney General Andrew Cuomo
Reply: My concerns have been noted and will be kept for future reference, I may want to contact my
legislative representatives.
October 15 2008, The now former, U.S. Attorney Garcia, when he was in office.
Reply: I may wish to pursue this matter with my personal attorney or on a Federal Level. The Office of Child Support Enforcement may be of help to you.
It Is apparent that every Hearing Officer, Judge, and forensic evaluator thus far in the case has acted as Mr. Argenziano’s agent in allowing his domestic violence against me and my children. Additionally every person in charge of investigating this nightmare has said they see no wrong doing and dismissed my complaints. It is also clear that the emotional health of my children at the hands of a psychopath was of no importance to any player involved. Instead of protecting our emotional health and upholding the law these Hearing officers and Judges aided and abetted in an apparent conspired RICO level kidnapping and the emotional destruction of five children and a victim of domestic violence. Which is a problem for society in general. My children have been arrested numerous times since in the care of Mr. Argenziano, showing signs of emotional instability such as conduct disorder, which has been linked to Psychopath tendencies and character disorders later in life. These children and young adults will be intermingling in society with the general public operating without conscious, without feelings for their fellow man, empty and hallow inside believing their mother abandoned them. I have warned all officials that due to the abuse of being kept from their mother, that there is an increased likelihood of my children committing suicide or homicide. Who sir will be accountable then?
This problem isn’t isolated. This is a pattern of practice in the New York Court system, the parent with the political connections or the more money is given custody of the children and the other parent is ousted from their lives often using the help of child services. I have seen evidence of this in numerous cases including another case that is parallel to mine: Karlene Gordon v Stephen Gordon [aka The Queens Assistant District Attorney] in the Brooklyn and Queens Supreme Court[s] over the years. Additionally, children are being taken from good parents by Child Services and placed in the foster care system where they are abused, raped, drugged and or killed. Sir this is primarily due to abuse of power within the system and abuse of the Title IV Federal funding. Both former Senator[s] Nancy Schafer and Senator Pam Roach have already exposed these abuses in other States, our State is no different. This kind of abuse of our future generation is everyone’s problem. I beg you sirs please stop them from torturing innocent families.
Please see www.DisgustedWithTheSystem.blogspot.com for any and all documents proving this case.
If additional documentation is needed please contact me at (917) 806-8301.
Additionally you can contact me at the address above.
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