Wednesday, March 16, 2011

Statement of Facts - written too late..2006

It was not until 2006 that I was able to see straight enough to write up this document.  FightCPS stated that this was something that has to be done should you go into battle with these thieves.  But, CPS wins when they choose to, every time, right or so incredibly wrong.

Aloura 2000

Statement of Facts
  1. I am the mother of two children Aloura Bemis and Abra Mahoney
2)     This declaration is being written to let the public know about the injustice done to us in Orange County Superior Court.

3)     This is in reference to Aloura Bemis, Case #:E80336-11, Filed June 11, 2003 Orange County Superior Court.

4)     June 5, 2003 I telephoned Costa Mesa Police Dept. to report  that my daughter had just told me she had been abused by Shaun Hornbuck
5)     Incident Report was filed by the Costa Mesa Police Department 

6)     The  arrest of Shaun Hornbuck was made by the Costa Mesa police Department

7)     After the arrest was made the Costa Mesa Police left my home with no concerns about my children’s welfare or my ability to care for them...  As they left I was handed the number of a children’s investigation team called CAST and was told I should take my daughter there the next morning to have her "checked out, to make sure this really did happen, make sure she's OK. They told me they will take care of me"

8)     Shortly after the perpetrator was arrested by Costa Mesa P.D.,  the Department released him to San Bernardino officials.

9)     June 6, 2003-When we arrived the following morning I was immediately separated from my daughters.  With no reason and without justification I was questioned, accused, and intimidated by two San Bernardino detectives for approx. 2 hours.  Aloura was taken out of my custody at the CAST interview, and put in Orangewood Children’s home with the claim that she had no family member, extended or immediate that could care for her.  Abra was released to their father.

10)  July 7, 2003- I arrived at Orangewood Children’s home to visit my daughter and was informed that Aloura had already been placed in the home of Sammy Volz.
I Later discovered that CAST was already set up to separate my daughters from me because of the lies the perpetrator claimed the first night of his arrest, while in custody in San Bernardino in attempt to shift the blame and declare his innocence.

11)  June 10, 2003-  Allegations filed in family court regarding the failure to protect charge that was based on nothing more than the allegations made by the perpetrator while in custody.

12)  June 11, 2003-Accelerated Initial Petition Report continues to use false witness statements and claims yet again that all of the accusations the perpetrator declared while in custody as their only supporting evidence.  The court proceeded against me claiming I "knew or reasonably should have known" that this man was going to molest my daughter.  And I was a danger and a threat to my children without having supplied any supporting facts to prove their speculation.  Once again, no facts at all.  They had never been to or in my home.  They had never talked to people around me and who I had known for years or New friends.  The CPS never attempted to have a conversation that included my daughter and I together.  They only questioned her without me ever being there.

13)  June 11, 2003-  Public Defender, Michael Hughes, informed that my only logical choice was to plead no Contest.  In doing so a revision of the initial accusations in the reports would be amended in my favor and would no longer reflect such a horrible defamation of my character.  He had written notes on the document himself about the revisions that were to be made

14)   The details of these notes that were hand written by Michael Hughes were an obvious “This mother does not know any better, so we can pretend like we can change the allegations” tactic which the Family court uses to get the parents to trust them and hurry along the process. 

16)  My right to Conditional Release was considered not appropriate without any investigation due to unsupported claims of the following: a substance abuse problem which they did nothing to prove, they claim I am under investigation with the Costa Mesa P.D. however nothing specific is stated nor referenced in any of the documentation filed with the court.  Their main “reason” was stated that “I am in denial about contributing to the sexual abuse of Aloura and my extensive drug addiction.” It is a Fact that I had never been arrested, never accused of doing anything illegal and never been under any suspicion of any Government Agency or Police the 28 years prior to my daughters being stolen.

17)  July 2003-Multiple character letters written for Amber reflecting what an incredible and wonderful mother she is by 100’s of people including but not limited to 7/11/03 by Sherri Creath, 7/8/03 by Anthony Beber, 7/7/03 by Timothy Kinn, 7/7/03 by Jon Huizar, 7/7/03 by Annette Berg and 7/10/03 by Nichole Loy.7/11/03 Seth Berger 7/11/03Ken Sanders 7/11/03 Chrystina Telson/Pacholik 7/11/03 Amber Duran 7/11/03 Ashley Duran

18)  June 23, 2003-Notified Orangewood Staff about tubes in Aloura's ears and gave instructions to the staff there to use ear plugs when Aloura goes swimming and also when she is given a bath, they disregarded instructions and I was told by my daughter over the phone that the tubes fell out.  I also discovered that her tooth had been pulled without any inquiries about the heath of her teeth, how this injury happened or what Dental work I had already had don’t in order to save these two front teeth.  They also gave no regard to consult her regular dentist prior to pulling out two of her baby teeth completely unnecessarily.   They obviously showed no concern in regards to my daughter’s safety and well-being.

19)  Child Welfare Services Initial Case Plan

20)  July 3, 2003-Informed Social Services of the whereabouts and contact information of David Gordon Bemis, Aloura's biological father. I faxed the documents to social services containing the information David Gordon Bemis 123 14th St Huntington Beach, CA (714)924-4222  SSN 561-53-5918  DOB 06-29-1961

21)  July 10, 2003-Jurisdiction/Disposition Report and Hearing in re: Aloura Bemis, the court recommended the matter be continued until January 9, 2004 for a six-month review.

22)  July 21, 2003-Addendum Report 1 submitted

23)  Documented contact with Aloura prior to Michael Mahoney being appointed monitor of the visitation between Aloura and myself.

·       July 24, 2003- Attempted to contact Aloura-Called house, No answer, Left a message

·       July 25, 2003. - Notified that the court denied request for liberal unmonitored visits with Mr. Mahoney

·       July 26, 2003-Family Visit-9-1 pm

·       August 2, 2003- Family Visit-9-1 pm

·       August 6, 2003-Called, no answer, left a message

·       August 2003  Questioned social workers regarding

24)  August 8, 2003-Correspondents from the Law Offices of J. Michael Hughes   Attorney is a trial attorney and does not handle appeals and informed me that a notice of appeal was sent to the Appellate Defenders, Inc. office for an attorney to be appointed to represent me.

25)  August 13, 2003-Correspondents from Appellate Defenders, Inc. 555 W. Beech St., Ste.300, San Diego, CA 92101, 619-696-0282-Court of Appeal No. G032685 Motioned for Appointment of counsel on appeal.

26)  August 18, 2003- The State of California Court of Appeal  Fourth Appellate District Division Three-ORDER FOR COUNSEL ON APPEAL submitted by Appellate Defenders, Inc., Janette F. Cochran The Walnut Plaza, 215 N. Marengo Ave., 3rd Floor, Pasadena, CA 91101,626-584-9823, State Bar No. 102643.

27)  August 27, 2003-   I received a letter from San Bernardino D.A. office stating that abuser one week after the CAST interview had plead guilty to one count of lewd and lascivious acts on a minor.  Meaning a plea bargain was given in exchange for his confession, the 4 charges against him turned into 1.  He was being sentenced to 6 years state prison and I was invited to read a statement at his sentencing.

28)  September 2, 2003-  Custody order filed for child Abra Mahoney granting joint legal custody to both the mother Amber Stanley and the father Michael Mahoney.

29)  September 4, 2003- Correspondents from Appellate Defenders, Inc. re: notice that Janette Freeman Cochran was preparing my appeal.

30)  September 9, 2003- Appellant’s Opening Brief was served by Janette Freeman Cochran
31)  January 19, 2004-O.C. Social Services Agency-Monitored Visitation Agreement was drawn with an unusual and unreasonable request which states "as per social worker's request: parent is to call monitor 24hrs in advanced to confirm each visit" which sets you up for easy failure and ultimately caused a domino effect of what New Alternatives staff members call lack of participation or a no show/cancellation.  Which is a standard form that gives a misleading impression that I, the parent, am simply not trying or irresponsible?  This is not true.

32)  January 22, 2004-Status Review Report regarding hearing social worker Deborah White 6 month status review report continues the same lies and assumptions, it has been written as additional legal history yet the document remains the same and unchanged as when first brought before the court. The report also states that they were unable to locate the whereabouts of David Bemis father of Aloura who is not listed on her birth certificate

33)  January 22, 2004-Addendum Report #1 for six month review

34)  January 27, 2004-1st termination of monitored visitation notice.

35)  February 9, 2004-2nd termination of monitored visitation notice.

36)  February 10, 2004-Permanency Hearing-Notice of Hearing on Selection of a Permanent Plan-this document clearly shows that the “termination of parental rights and implementation of a plan of adoption” was started and filed with the courts months prior to the hearing in which I was said to be an unfit parent as an unfit parent. Once again these people never saw my interactions whit my children and never came into my home.

37)  March 1, 2004-3rd termination of monitored visitation notice.

38)  March 15, 2004-Completed requirements of Child Welfare Services Case Plan Objective: Signed up for Referral for Children and Family Services.  Was told on my first day, which was the day prior to my 1 year mark and also the day prior to the court hearing regarding this.   “It’s too late now” and that “I could stay but it wouldn’t matter.”

39)  Throughout the first year I put myself in and out of rehabilitation facilities knowing this was unnecessary, but trying to do what the state deemed appropriate.  I was constantly discouraged by my social worker with pessimistic and cruel statements for ex: worst case scenario...when she turns eighteen.....

40)  I was told when I tried to bring my daughter a Dave Matthews C.D. that she was not allowed to listen to him because she claims to “know him personally”.  This was an obvious attempt by Sami to further distance me from my daughter in the hopes to erase the memories Aloura still has about her life where she belongs; with her mother.  Social Services without any investigation into the truth about where Sami’s relationship honestly stood with my daughter and I documenter every word Sami Volz said as true and correct.

41)  July 25, 2004-Child Welfare Services Case Plan Update-[COURT],-

42)  November 29, 2004- Deborah White, Sr. Social Services Supervisor, Called FFH0, 714-704-8879, confirmed I was a patient in room 276, bed A at the Fountain Valley Hospital.

43)  Court scheduled  366.26 (permanency) hearing took place and was extended until February 10, 2005.

·       WIC Hearing and Report, Permanency Hearing.  I was in the hospital and unable to attend.

44)  February 2, 2005- Deborah White, Sr. Social Services Supervisor received a call from me stating that I am not signing over my daughter and asked the court for continuance for the February 10 hearing so that I may retain new counsel to represent me.  I was unfortunately unable to find an attorney willing to take on my case.  The attorneys that are in most cases eager to take on a case for money would not take any amount in which they would have to stand up to Child Protective Services. 

45)  February 10, 2005-Termination of Parental Rights Hearing and Addendum Report 1  At this hearing it was discovered all reasons for pleading no contest remained the same and requested extension for new attorney continued to March 10, 2005

46)  March 14, 2005-Termination of Parental Rights Hearing and Addendum Report1

47)  Hearing held on March 10, 2004 to contest the report dated November 29, 2004.  The court was updated on the well being of Aloura, they assess that she continues to do well in the home of her caretaker.  Aloura is quoted as saying "I love both my mommies" and her half sister Abra.  The court and social workers seemed determined to permanently placing Aloura with her caretaker, something I am completely against.

48)  During a visit months prior to the termination hearing my daughter tells me that she has been given a new name.  Her name Aloura Ivy Bemis was being changed to Laura Sara Volz.  This was done by going over my head and tricking both my mother and sister into signing documents she had written up to both change Aloura's name and to limit contact and communication between Aloura and her biological family members.  The listed names that signed this document which allowed her to change Aloura's name were Veronica Stevenson (minor under the legal age of 18) and Esther Stevenson (state declared mentally unstable).  This document was completed by manipulation and should never have been included in this case.

49)  May 13, 2005- My parental rights were terminated. Charles Bergstrom pro bono attorney filed an appeal which will be held in Jan. He says that the appeal will not make a difference. He said the only thing that would have stopped the termination at this point in my case was if it would be detrimental to emotional welfare of my child. At the "goodbye" visit. She at barely 7 years old told me how she "smelled different when she lived with me", she calmly said that "she doesn't like the way she smells now that she lives at Sammie's she wants to smell how she smelled when she lived with me"

50)  July 25, 2005-I began to seek the help of others since I am at a point now, where I am unable to continue this fight against the government stealing children on my own.  Aloura to them appeared very adoptable and with a little effort to defame & slander my name, they would have no problem having her permanently placed with her current caretaker so they could begin to collect from the state.

51)  Court Appoints Bergstrom, claimed he would file an appeal on my behalf at The Parental Rights Hearing in January 2006, but failed to follow through with the filing

52)  January 2006-Informed that the case was closed and over in April 2005, due to failure of attorney filing appeal, and my little girl was adopted.

The facts also include

I made several visits to the court house and phone calls to the attorneys on all sides for documents so I could see exactly where the information they were using as fact was sourced from.  Over two years I was told that I am not allowed copies of any document other then what I am handed at hearings.  It is my daughter and I am entitled to everything, yet was not aware at that time of any of my rights.  I had no clue that these people were lying to me because they were aware of my lack of knowledge about the law.