Due to an unforeseen complication with Yahoo's Pagebuilder program, Part III of Another Case of Gov Abuse was corrupted and I was forced to delete it in hopes of re-creating the page. Only the Pagebuilder will not let me import pasted text from any other program. Therefore, to assure that the text is not forever lost, I am uploading it here...
Another Case of Gov Abuse, Part III
Additionally, for Rules of Evidence, MCA 2003 Section 26-10-VIII Rule 802, Hearsay evidence is not allowable. Hearsay is defined by MCA 2003 Section 26-10-VIII Rule 801 as "a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted." In the hearing regarding the petition of abuse, Judge Lympus allowed innumerous hearsay statements to be admitted as evidence by Kori Taylor alleging statements from [*], the oldest of the two children.
It should be noted that some exception exists to hearsay, where in a person is unavailable for testimony. However the law again protects against someone preventing a person to be present for testimony as reason to allow hearsay, as per MCA 2003 Section 26-10-VIII Rule 804, which states "a declarant is not unavailable as a witness if [inability to be present] is due to procurement or wrongdoing of the proponent of the statement for the purpose of preventing the witness from attending or testifying." In this case, Kori Taylor abducted [*] and [*] with express purpose, amongst other causes, of denying access to her for purposes of testimony. In fact, as of the date of this writing (December 8, 2003), [*] has not been allowed any contact whatsoever with her children since the day they were abducted by CPS.
MCA 2003 41-3-433, which defines temporary investigative authority, states "An order for temporary investigative authority may not be issued for a period longer than 90 days". In the abuse and neglect petition, Kori Taylor on behalf of CPS requested and was granted by Judge Lympus a temporary investigative authority extending for six months. Additionally, Kori Taylor has already expressed that she intends to extend that period by another six months if [*] has not complied with her demands in that time. Note - there is a demand for compliance, but no effort to actually investigate the allegations. There is no other way to see this - Kori Taylor is intentionally abusing her position to bully [*] into dissolving contact with me, without any investigation or corraberation of the alleged abuse. And for what purpose could there be, considering the timeframe involved, would she have to make such a demand? Since the abduction of the children occurred within 48 hours of a lawsuit inwhich [*] and [*] were named as witnesses against the Police Department and the children are being held upon compliance of [*] dissolving relations with me, it is more thna obvious what is going on here - dissolution of contact would mean no more lawsuit if the witnesses and parties abused are denied contact with me entirely.
MCA 2003 41-3-302, which defines actions CPS is required to perform upon receiving a report of abuse or neglect, investigation is a required step prior to removal of children from the home. In fact, CPS is required to promptly conduct thorough investigation into circumstances surrounding allegations of abuse and neglect. And if the reporter of the alleged abuse or neglect does so anonymously, Section (2) of this Code specifically states, "Without the development of independent, corraborative, and attributable information, a child may not be removed from the home." No effort was expended to actually investigate the allegations made against me prior to removal of the children. No effort has been made since to even collaborate with the children whether the events alleged actually occurred. In fact, when asked in Court whether Kori Taylor reviewed information provided by [*] refuting the allegations, Kori Taylor's response was reportedly, "I have six months to review that". And since Kori Taylor has already declared an intention to extend the temporary investigative authority by another six months should [*] not comply with her demands, she has obvious intentions to not investigate these allegations at all and to simply use her position to hold the children hostage upon demands of compliance from [*].
And what does Kori Taylor get out of this? Well, considering her current status within Child Protective Services is an intern and in Court reference was made that she would soon be a full fledged case worker, it would seem her pay-off is a nice fat promotion. Break the law, divide a family, help defend a corrupt local City government and get a promotion, which is probably accompanied with a pay raise as most promotions usually are. Combine this with Kori Taylor's being a self-confessed "survivor of child molestation" and you can easily see where Kori Taylor's motivations are from.
Essentially, as you can see, Child Protective Services had no authority to act as they did and the District Court made no effort to reign in an obviously out of control department. The response of taking the children was immediate upon filing of my lawsuit and the demands made of [*] are inconsistent with any credible investigative information that the department has. In fact, there has been no effort whatsoever expended to verify the validity of any statements and even Kori Taylor has admitted to not even questioning the alleged victims of the supposed molestation and abuse! This is purely a retaliatory act designed to bar me from witnesses in my lawsuit against the City and Police Department, which shows a collaborative level of conspiracy between the local City Government and the Office of Child and Family Services, of which Child Protective Services is a division of.
There is so much more to say and I will endeavor to enter more as I am able and as my research uncovers new areas of the law. I do not know what step this conspiracy of corrupt departments will take next against me. I could be arrested next on some new trumped up issue. They may force one of the girls to say something so they can see their mom. I don't know.
Needless to say, I cannot afford to hire an attorney. And even if I could, it would need to be an attorney outside my area since the local attorneys are too afraid of retaliation. I need help here and I am appealing to the public for that help! I have a couple of good leads for attorneys who specialize in this kind of false allegations, but we are looking at upwards of $10,000 to retain these kinds of people to aid in my defense.
Contact me at firstname.lastname@example.org if you want more info or can offer help... I am also setting up a Legal Defense Fund through Paypal using the same address in hopes of riasing money for legal aid. In the meantime, please contact your State Senators, Representatives, and also Shirley Brown, Child and Family Services Administrator, or anyone else who may be able to have pressure put on these people to intervene. And check back to this site as often as possible - additional details are provided all the time!
Please remember - We are nearly helpless in this fight and we need help from somewhere...