Wednesday, August 27, 2008

This SInking Ship: Results From Hearing

Basically, Wenatchee won their case, which I already would happen whether I was there in person or not, without representation. I wasn't guaranteed the right to see my son either, so it would have been a pointless trip. It was right that I did not go there.

I basically found out everything was decided without me in the first Contested Sheltercare and Prelim Fact Finding hearing. I never had a chance because that's the hearing where I was hung up on by the Judge, after being told, ON THE SPOT, that I would not be represented by a public defender.

So everything was decided then, and I had no say.

In this hearing, the Judge sustained every objection except one, of the departments, and in the end even sustained the last objection he initially entertained. The objection by the state was that I not be able to cross-examine their own witness on the points THEY made themselves. The judge said no and then he just decided not to allow me to keep questioning.

In the end, he said it had been "two hours" and he was "tired". Poor Judgey. This Judge knows that any Fact Finding with a licensed attorney would have lasted longer than two hours and that there would have been discovery and evidence on my behalf. There was zero discovery in front of me, from the state, and I had no evidence even for my own side. THEN, the Judge cuts off my cross-exam, which was actually turning up some interesting points. I just said whatever I thought I could use on appeal and I think they were thinking the same thing because they tried to make a big deal about how they'd "attempted" to give me discovery.

They said my son was to remain with my aunt, who is throwing my son into daycare full-time. They cited "stability" and "structure". My son had structure and stability with me prior to his removal. He was in preschool and swim lessons and had playdates. But to CPS, daycare sounds a lot like nice tidy "structure". They don't care.

They want ME. They claimed, again, that there was NO issue of "abuse OR neglect" and stated their only concern was "risk", and said it was because they thought I was a druggie and mentally ill.

Of course. And they went off of what doctors who were getting sued tried to write to cover their asses.

They said I had to agree to a number of evaluations and when I asked if I could do them in D.C., the AG didn't want to allow it. She said it would mean a considerable "delay" and claimed, to the Judge, that it could be several months before I was ever evaluated because of the "paperwork". This is a bunch of BS because I talked to a D.C. social worker and she said it would only take as long as the people took.

Wenatchee AG Anne McIntosh tried to get me to go to a psychologist in WENATCHEE for evaluation. I asked why the state was claiming a Wenatchee psychologist could do it "right away" but they didn't offer the Whatcom County psychologist, in Washington, at the same speed. This, after they claimed the great "delay" in paperwork would be because of evaluations out of state. Yet within other parts of Washington state, they think there would be "delay".

It would be perfect for Wenatchee CPS and all of Wenatchee, if they could get one of their guys to evaluate me.

That is not going to happen. The Judge at least allowed for my ability to have an evaluation done in D.C., albeit in several months, and then McIntosh threatened the "clock was ticking" as if as soon as a couple of months are up, if I'm not there visting my son, in Wenatchee, I will lose him forever and he'll be adopted out.

They tried to get me to go back to Wenatchee and said I could only see him after evaluation, and then only 4 hours a week.

I had already offered to do every single one of these evaluations BEFORE they ever took my son and they didn't want it. They took my son without even offering services, and no one has argued this for me. The state is supposed to exhaust services and remedies first and they didn't.

They claimed I did all kinds of things I don't do and wasn't doing then. I actually did a fairly good cross-exam of their only witness, who is completely incompetent and made it clear she didn't have the professional experience or background to make any kind of risk assessment. Everything she went off of was slanderous doctors notes.

I am suing the Wenatchee doctors. That is first on my list. At least I already know who to go to for personal injury.

Not only that, it was interesting material there which I could use in a medical malpractice lawsuit, because Wenatchee CPS admitted the doctors didn't give them key pieces of medical records which not only proved I had a physical disability from childbirth, but that my son was also sick and injured after birth and that his many trips to the clinics were warranted. My son's high bilirubin levels, at 3 months of age, were missing. Those records I mean. The radiology report which confirmed a broken tailbone, was missing.

Anything that helped my case wasn't "there" or they claimed ignorance.

They also tried to claim doctors said nothing was wrong wth my son and then turned around and said they removed him because they thought something was wrong with my son. First they claimed nothing was wrong and that I took my son to the doctors unnecessarily, and then they tried to contradict themselves, which just sounded nutty.

This woman who was the witness who "assessed" my son, admitted she had zero experience assessing children of my son's age and admitted she had nothing in writing about how she "assessed" and that there was no form or anything. It was just her opinion, and she admitted she'd only briefly talked to me and briefly seen my son. All she went off of were medical records, which the Judge said had to be released, knowing this was a violation of my privacy, of HIPPA, and that it was improper because the state had nothing to go off of when they took my son.

WHen the state took my son, they knew they'd lose. They had no evidence. So they convinced the Judge to have the medical records from the doctors, which are totally skewed, released, so they'd have something to try to argue off of.

The put the cart before the horse and then tried to back it up.

This Judge lets them do whatever they want to do.

I am finding a lawyer to appeal this and appeal the Contested Sheltercare. If it's too late to appeal contested sheltercare and the prelim fact finding, I'm going to find a way to file a complaint for civil rights and due process violations.

I told them I'd jump through all their hoops over here in D.C., and still appeal all of this. The Judge said fine. The state tried to argue it would be months and months of delay for me to be evaluated in D.C. I think they hope that either I get slammed by their guy in Wenatchee, or that I lose further months of vistation with my son and then will argue my son isn't bonded to me anymore or something.

There is no reason why this process of transferring the duties to another agency in the U.S. should take months and months.

In the meantime, my son stays with a religious fanatic aunt who has thrown him into daycare. The states witness approves. She said, and emphasized it was a stable and structured home (my aunt has cleaning OCD so it's certaintly "clean") and that there was "permanency", meaning they want to adopt my son and would.

I'm starting to think that even with all my hardest attempts, I will never get through. It doesn't seem like the truth will ever get out, not enough, and that I'll come clean, and be validated and exonnerated of all the accusations and the price I've paid for being a whistleblower.

I really cannot say I have very much faith at all. It seems to me that my son and I should not be in the U.S. any longer. Even if I get him back and this Judge claimed I would if everything, the evals came out good and clean, how can I even stomach to stay here?

On one hand, it would be great to fight the system from the other side, but on the other hand, I just don't even know that this is my country anymore. What makes me reconsider, and think about staying, is the thought that there are a lot of other people on this sinking ship, and that maybe I can save some of THEM, even if I couldn't save myself.

No comments: