Sunday, November 30, 2008

WSB and ABA Complaint Against Cassel and Wellbaum

This is what I have so far, but the rest I'll keep to myself, so these people can get their defense for themselves together, regarding the facts, after I've already served copies to all parties inluding the Bar. I'm also going to make sure to include the statutes and case law for what constitutes "reasonable defense" and how this defense did not meet these standards and then I and my son were penalized because of it. This is just the intro before I've edited and added to it. I'll then separate the facts into appropriate columns for Wellbaum and Cassel.

Complaint to Washington State Bar and American Bar Association
Regarding Public Defenders Paul Cassel and Jeanne Wellbaum:

The purpose of this complaint is to report two public defenders within the Wenatchee, Washington justice system, who failed to provide reasonable defense and also who admitted to, and demonstrated, conflicts of interest, who later attempted to intimidate me to drop my intention of reporting them.

As a result of their failure to provide reasonable representation, my case was irreversibly prejudiced and resulted in the separation of mother and child from a relationship which was not harmful or at risk to the child.

Damages from trauma were incurred by both mother and toddler, as a result of the actions, and a number of civil rights were also violated, including, but not limited to:

1. the right to visitation,
2. the right to accommodation for disabilities,
3. The right to normal medical care,
4. the right of the mother to pursue a medical malpractice claim on behalf of her son (for injuries he sustained by those who reported to CPS following their knowledge they were about to be sued by mother who was actively seeking legal counsel in Seattle),
5. the failure to investigate false allegations made to CPS,
6. the violation of mother’s civil right to reasonable defense,
7. the forced imposition by the Judge to make the mother go pro se (without notice) if she did not drop her plans to report the attorneys,
8. the violation of mother’s right to discovery prior to hearings (especially after she’d been told she was pro se) and to consultation and copies of motions by attorneys before they were filed.

Other significant damages incurred were the emotional distress inflicted by the state, upon mother and son, which resulted in dramatic weight loss of the child and depression and acting out, as well as nightmares and severe separation anxiety, and in the inability of the mother to sleep at night without the aid of sleeping pills, which directly affected her ability to contribute in any meaningful way to the process, which the state was aware of. There is evidence which proves the state and justice system in Wenatchee, deliberately tried to increase the pain and suffering of the mother and worked to permanently separate mother from son and destroy the bond.

Public defenders Cassel and Wellbaum contributed to these things by failing to provide even the rudimental elements of a sound defense--failing to notify mother of conflicts of interest, of motions they filed, of communications without the consent of the mother; failing to obtain evidence which was readily available and proved the mother’s defense was strong when it was crucial to the case; failing to tell mother when their computers were down and they weren’t receiving mother’s emails; and failure to timely communication with mother, not letting the mother know about hearing times and dates which resulted in the failure of the mother to appear and to lose the hearing, and never taking time to go over the facts of the case with the mother.

No comments: