Monday, June 28, 2010

Motion For Continuance for Termination Trial

This is a coy of the motion I will submit by email and file in court tomorrow. However, I do not have the law books or resources necessary to fill in with statutes.
If I am not granted continuance, I am filing a formal public corruption complaint in writing and following through on my my claim of human rights violations to the UN, and yes, I found out this can be done by an individual. So UN it is I think. My son has been kidnapped in my own country and then I held hostage with me as we have been refused every means of proving I am innocent and that this was corrupt and political and wrong. I will probably make my UN claim first.

MOTION FOR CONTINUANCE



Re. Custody of Oliver Garrett




This is a motion regarding the right to public defense for any case involving a child taken by the State. It is also a right mandated by law, for a Termination Trial.

I requested a public defender in writing, and was given a response in May, which denied my request. The rationale was that I didn’t “like” the other defenders and yet I have been discriminated against and there were multiple conflicts of interest and prejudice which is exactly why, at the outset of this case, I requested Change of Venue.

I requested Change of Venue because of my belief that it would be impossible to have a fair hearing in this general area, or even obtain a fair public defender. Both proved to be true.

Not only have I had incredible things happen such as being hung up on for a major hearing and then losing my son to the State by default, I was refused a public defender for one year and also then blamed for the prejudice and bias against ME, by the few public defenders I was given. If I had been granted Change of Venue to begin with, this never would have happened and there would have been no cause for conflict of interest.

When I was hung up on at a major hearing, which basically gave my son away to the State, this was done after I had asked, for over one full month, who my public defender was, or was I pro se. I was not given a response by either the Judge, or Paul Cassel, or Jeanne Wellbaum. I was refused an answer and appeared by teleconference and THEN it was announced, “You’re pro se.” I objected, stating I did not even have discovery and I had no notice of having to be pro se. I was then disconnected intentionally and protested and when I called back I asked the secretary, Jo Jackson, if I could be allowed back in. She said she typed an email to the Judge and he responded with, “No, the hearing is proceeding without her.”

This is how the State obtained my son.

After this, I left the State, in desperation and hoping to find someone who would help me or to get work so I could then prove I was not “severely mentally ill” which was the entire basis for taking my son.

I tried to get the “psychological evaluation” on the East Coast, where it would be more objective and I was ignored by CPS workers for over 3 months, when I left messages on the answering machine and in person. I was going to get a psych eval to clear my name, but because CPS knew this would happen, they refused to even respond until I was back in Wenatchee, where I had countless individuals discriminate against me and steal evidence from me, and where I was jailed on false charges by Wenatchee police (which charges were later thrown out).

I was going to jump through hoops of at least an evaluation until I got more medical records to prove what had happened to me and my son, as the entire “hearing” revolved around whether or not my son and I had injuries from childbirth and since we “didn’t” (according to those who were lying and fearful of being sued), I was therefore “crazy”. I also experienced a tremendous amount of harassment by both police and gangs at this time and nothing that I reported, and no medical facility I tried, would take this seriously.

I had even the psychological evaluation stalled for several months, over 8 months of my trying to get one, and in the meantime, I had others who were giving me medicine and other things without my consent or knowledge, which affected my ability to get anything done.

I repeatedly tried to get a psychological evaluation completed and the people CPS were choosing, were prejudiced and all from Washington state, and had contacts which interfered with fair treatment. I was never told they were canceling until a week to one day before a trial, or before our scheduled appointment, and then was told I had to start looking all over again. I notified all of them about my blog so they had an opportunity to back out then and did not.

I went for over 8 months trying to get fair treatment and in the meantime, I had people lying about me, stealing from me, and denying me adequate housing. I also had people tampering with my computer, changing my password for FAFSA so I couldn’t get federal aid college money, and also stalling and dropping the ball on my unemployment claim which has now been pending for over 11 months, when the workers for Washington State Unemployment knew what my situation was and that wages and hours had to be combined from 2 different states, in the very beginning.

All of these things, including several incidences of crime against my person, of poisoning attempts, harassment, and obstruction of justice, have affected my ability to get anything done and the theft of medical records and even alterations to my medical records (which I have discovered) kept me from clearing my name.

This, again, is why I asked for Change of Venue.

Finally, I had a lawyer and law firm that took my case for over 7 months and during that time promised me they would file Motions on my behalf and they did NOTHING. In fact, they told me they were NOT going to help me or even allow me to obtain my evidence and records through their resources, as had been promised me from the start. I kept asking, politely, where the Motions were, to protect my sons and my rights, and no one did a thing. I told them if you are not going to help me then you are obligated to withdraw yourselves for ethical reasons. They refused, right after directly telling me to my face that they were not going to help. They told me I would have to fire THEM, knowing if I tried, Your Honor would claim I was just “picky” and had again fired good lawyers.

I have the right to public representation and do not have means to represent myself pro se.
I also have the right to reasonable representation, according to Washington law.
I should have been given Change of Venue at the outset because the manner in which this case has been handled has been obstructive, corrupt, and filled with conflicts of interest.

My son was illegally taken from me and must be returned and I must be allowed the opportunity to prove my claim.

I was told I would not be given a public defender and that I would have to hire a private defender for the Termination Trial. I have not found someone yet. Therefore, I am asking for continuance. I have contacted lawyers who are public defenders from other counties who are able to do an exchange and there may be someone willing to take this case pro bono. In the meantime, I’ve not had resources for handling this case on my own, and while I could work a normal job, I am not in a position emotionally, to defend my case on such a personal matter, which has TRAUMATIZED my son, Oliver Garrett.

I have had all of my legal records stolen once again and have not had a safe place for storage and my new lawyer will need to obtain these things and keep them in a safe place.

You do NOT, and the State of Washington DID NOT have ANY right to remove Oliver Garrett from his mother’s care, when they did not even offer the most remedial solutions or investigation first, and did not exhaust other alternatives first. There was zero documentation of “severe mental illness” which was the entire basis for removal and even for mental illness, a baby is not taken from the mother when there is no indication of harm, which there was not. It is well documented that my son was happy, and in the public eye, and healthy aside from problems we had later, which were incurred due to the corruption of those involved in this matter, who continue to try to tamper with my right and my son’s right to equity and the right to live without harassment.

Therefore, I request Continuance on this Trial for Termination, based on the fact that I have the right to a lawyer, and if this court will be so bold as to deny me the right to public representation, there are other counties with public defenders who may be able to help, and regardless, I would have the right to a private lawyer, and your letter from May, giving me ONE month to find such a lawyer, does not leave sufficient time. Especially not when I have been the victim of multiple crimes and theft in the meantime, and housing discrimination, for which I have obtained a separate attorney who is not versed in custody law.

I have not had time to obtain a lawyer or records for this case and request Continuance.

I believe the following matters may be considered as part of Dependency while I am obtaining representation and records, and this will give ME the opportunity to prove what the truth is:

I request visitation with my son to be increased, as the State has shown no effort at mother-child reuinfication and has never increased visits above 4 hours a week. During this time, they have cut down my visits from 4 hours a week to 2 hours or less than 2 by multiple last-minute cancellations with no make-ups.There have been weeks my son has not seen me at all. 4 hours is not enough time and does not demonstrate good faith. I request increased visitation from 4 hours a week to 12 hours a week and then for this to be gradually increased and play time may occur in public parks and other locations. There has never been a need for a guard and the excuse of not increasing time because they have to pay for a guard is bogus. There is zero documentation of harassment by me at these offices and because I am not allowed to audio tape, I am prejudiced from even proving this is the case.

Finally, I again ask for the right to audio tape and to take photos of my son as it is the only way I am able to provide sound evidence of lying by visitation monitors and protect my rights. Those who are honest and telling the truth are those who know it does not harm my son to be audio-taped, and they know the only people who would NOT want this documentation, are those who are lying and want to conceal their lies.

And again, I will need a copy of the audio recordings from each and every one of these hearings before this court, as I was refused them, and then charged more than I could pay (and then they were stolen after paid for), and then lied to by my last attorneys who said they obtained new copies and they didn't. They lied. I have the right to be able to refer to information from the hearings in these recordings.

Thank You,



Cameo L. Garrett

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