'It's like a dream': Mom gets custody after 6-year fight

AMERICAN-STATESMAN STAFF ^ | Friday, October 17, 2003 | By Claire Osborn

[Arrowhead1952]

Mother of 2 girls is appealing 2001 child abduction conviction

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By Claire Osborn

AMERICAN-STATESMAN STAFF

Friday, October 17, 2003

Six years of agony for Debbie Schmidt ended in 15 minutes Thursday in a Travis County courtroom.

The woman who battled courts in two states and spent a year in jail to keep her children away from their sex-offender father finally won. District Judge Jeanne Meurer awarded Schmidt custody of 9-year-old Eliana and 11-year-old Lora.

"I feel like I have been raising you," Meurer said, smiling at Schmidt. The case has been in Meurer's court since the late 1990s.

Schmidt, sitting quietly after Meurer spoke to her, almost started crying.

"I just want to thank you for protecting the children and keeping your word," she said to the judge. "I have nothing but respect for you."

It was a quiet end to a tug of war that at one time pitted a California prosecutor against the Texas governor.

The saga began in 1997, when Schmidt left her children's father in California and brought the girls to Austin. The father, Manuel Saavedra, won custody from a California court two years later.

Saavedra had been convicted in 1992 of a misdemeanor for lewd conduct with his 13-year-old niece. His conviction was expunged in 1999 after a recommendation by his court-appointed counselors.

Schmidt refused to give the girls up after Saavedra won custody, and she spent more than three weeks in the Travis County Jail. She then took the girls to Meurer, who awarded Schmidt custody despite the California court's order.

Gov. Rick Perry later refused a California prosecutor's request to extradite Schmidt to stand trial until a federal judge ordered him to do so.

In 2001, a California jury convicted Schmidt of child abduction and sentenced her to five years on probation. As part of her sentence, she had to serve a year in jail and pay a $48,000 fine.

Schmidt's lawyer in California said at the time that she was convicted because the jury had not been allowed to hear about Saavedra's misdemeanor conviction.

Schmidt's daughters remained in Austin, living with another ex-husband, Mitch McKenzie. She returned to Austin in the fall of 2002 and was reunited with them.

The case took another twist in January 2003, when Saavedra was arrested and charged with lewd acts with a child. A 13-year-old girl told California authorities that Saavedra molested her while she was staying at his house in 1998, police said. He has yet to stand trial on that charge.

California authorities released Schmidt from probation after Saavedra's arrest, and court officials there decided in May that the custody issue needed to be settled in Texas.

Schmidt, who is appealing her conviction for abduction, said Thursday that she couldn't believe that after all this time and trouble, she was winning custody.

"It's like a dream," she said.

During the hearing, Schmidt sat in the witness stand and described her life to Meurer. She said she is teaching kinder- garten and first grade at a Christian school in Austin. Her daughters are beautiful, well-adjusted and making straight A's, she said. The last time they saw their father was when he visited in February 2001. He calls them every few weeks and promises to send gifts but never does, she said.

Meurer on Thursday ordered Saavedra to begin making child support payments next month.

Bristol Myers, one of Schmidt's attorneys, said he was relieved that the custody fight is over.

"It took 3 1/2 years to get to the point where now everyone is saying that Debbie was right all along," Myers said.

[Arrowhead1952]

Finally, a happy ending to what must have been one of the most traumatic times of these two young girl's lives.

[MEG33]

Shudder,I can't imagine the fear of leaving my children in the care of a child molestor.A happy ending,thank heavens.

[netmilsmom]

My girls and I would be living off the land in the highest point of Canada before I would leave them with a sex offender. Father or not.
God Bless these girls, God Bless their mother.

[VeritatisSplendor]

yeah, but this woman had her babies by this guy AFTER he molested his niece and his conviction. Not smart at all.

Mrs VS

[Arrowhead1952]

I was thrilled to read this story when I got my paper today. I was so afraid the opposite would happen. At least, there is justice in the ending.

[MEG33]

II don't want the children to pay for her bad judgement.She spent a year in jail,paying for her marriage to him.I'd like to say thank you to her ex for keeping the girls.

[Bikers4Bush]

All the legal scumbags in CA that helped this guy should be locked up.

Hopefully her ordeal is ended.

[ALOHA RONNIE]

...Others are out there...


'Freeper Alert: ..IDELLE CLARKE.. to save Daughter from SeX-Abuser in L.A. ~ Tuesday'

http://www.Freerepublic.com/focus/news/704038/posts

[FITZ]

yeah, but this woman had her babies by this guy AFTER he molested his niece and his conviction. Not smart at all.

Yes --- I wonder if she ever was in court with him, sitting by his side --- playing the ever-loyal wife to help him get off his conviction.

[ALOHA RONNIE]

UNITED for JUSTICE =

http://www.UnitedforJustice.com

[gcruse]

"Bristol Myers, one of Schmidt's attorneys..."

LOL!!! You gotta be kidding me. Who are the other
attorneys? Ralston Purina and Colgate Palmolive???

[nsearchofjustice]

Not sure where you get your information, but I'm Debra Schmidts ex Husband in Texas, and the Girls stayed with me and my family while the completely corrupt California Family Courts in San Joaquin and Alameda County persecuted Debra. Contrary to your statement that she had the children after he molested her niece, Lora was already born and Eliana was in utero.... I just stumbled onto this thread after a google on the Sex Offenders Name.... I have heard this lie only once before, uttered by the Sex Offenders Lawyer to a local Austin TV crew.... It doesn't make it true then or now, no matter how many times it is uttered.... So far 2 judges are no longer on the Bench who played key roles in this injustice. One is named Ronald Hyde, he was removed from the Bench for all manner of corruption and misuse of authority... They called him "Hang'em Hyde" and he signed the bogus warrant that served as the basis of extradition, which then Gov George Bush and Rick Perry refused to comply with until they were ordered to do so by Federal Judge Sam Sparks... The other Judges name is Rolleen McIlwrath whose main improprieties involved covering up the prior misdeeds of the San Joaquin Judges and Commissioners in this case... McIlwrath was cut to shreds by the 3rd district Appellate Court... She retired shortly there after... Email me if anyone has any questions, but I hate nothing more then lies being prosed as facts, especially when this case is about the protection of children... BTW, Mauel was rearrested for abusing another child after the news in this article was released, is it possible for anyone to still think Debra should have complied with known bogus court orders?....