Kay Henson (spanking mom) back in WI jail. Freep the heck out of Wisconsin!

CP Prosecutions ^ | July 17-18, 2002 | Various

[cherrycapital]

(July 17, 2002, Family Advocacy Center)

This is an emergency notification regarding yet another arrest and incarceration of Kay Henson by her probation officer in the Walworth County jail. Kay is on probation because she spanked her ten year old son with her hand and was charged with felony child abuse. Upon the advice of counsel, she pled guilty to simple battery and was placed on probation (yes, she regrets it). PO Eileen has repeatedly violated Kay's probation for specious reasons unrelated to the terms of her probation for the retaliatory purposes of throwing Kay in jail. Kay is nursing her infant daughter, and each time she is incarated, county jail officials refuse to provide her with a breast pump to prevent breast engorgement, mastitis and infection.

It all started when Kay had been contacted by Warner Brothers requesting her appearance on a talk show. PO Haffey vehemently opposed Kay's travel out of Wisconsin as well as Kay's disclosures to the media regarding Ms. Haffey's and CPS abuses of power and wanton disregard for the limits of their authority and the attenant violations of Kay's rights. The most recent incarceration is a direct result of yet another anonymous report of child neglect against Kay alleging her 2 1/2 year old was in the street. Multiple witnesses observed a police officer take the child off of the sidewalk before bringing her to Kay's house and informing her that he had rescued the child from the street.

PO Haffey showed up at Kay's door with a CPS caseworker and insisted that if Kay did not allow the caseworker into her home, that she would consider it a violation of her probation. It was at this point that American Family Advocacy Center director Suzanne Shell was called and participated by telephone. During the 'investigation,' Kay was instructed by the PO that if she did not answer the question, it would be considered a violation of her probation. At this point, Ms. Shell instructed Kay to get her attorney on the phone, and the PO went ballistic and advised Kay that if she did get her attorney on the phone, it would be considered a violation of her probation. Ms. Haffey expressly refused to recognized a properly executed power of attorney appointing Ms. Shell as Kay's agent. After a direct confrontation with Ms. Shell, the PO advised Kay to get her attorney on the phone. (this entire conversation is completely documented on audio tape)

After Kay had responded to questions directly related to the allegation, the caseworker began asking questions related to conducting a risk assessment. Ms. Shell and Kay's attorney stopped that line of questioning. PO Haffey was angry and an appointment was set up for today to complete the interview.

Kay filed a temporary restraining order against her PO and CPS before appearing at that meeting. Kay and Slade have also assigned temporary guardianship of their children and the children have been transported to a secret location for their safety. This has also angered PO Haffey.PO Haffey's response was to have Kay thrown in jail. She has filed a writ of habeas corpus which has not been decided yet. Kay is still in jail and her pain increases as each hour passes.

There are several complaints associated with the most recent incarceration of Kay:

1.Eileen Haffey's unprofessional conduct of overstepping her boundaries by making demands of Kay that are not included in the terms of her probation and outside the defined scope of her duties. (see below)

2. Eileen Haffey's repeated threats of incarceration for specious reasons which constitute continued violations of the rights of Kay Henson and her husband, Slade. (Haffey demanded proof of Slade's earnings or else she would violate Kay's probation.)

3. The refusal of jail personnel to provide Kay with needed medical intervention; specifically a breast pump. The imposition of cruel and unusual punisment by forcing Kay's medical condition to deteriorate to increasingly painful levels without providing the simple and inexpensive treatment to prevent that pain - a breast pump.

4. Eileen Haffey's refusal to honor a properly executed power of attorney without the requisite authority supporting that refusal.

5. Eileen Haffey's unprofessional conduct by allowing her personal feelings for Kay to influence her profession actions.

We encourage interested parties to contact the responsible parties listed below and make their comments:

Walworth County Probation Officer Eilene Haffey phone number 262-741-6370

Walworth County Probation Office fax number 262-723-5671 (one supervisor's name is Jon Litscher)

Division of Community Corrections

Mr. William J. Grosshans, Administrator

Phone (608) 240-5300

Facsimile: (608) 240-3330

Leonard Henderson, American Family Rights Association:

I have known Kay Henson for 2 years during her battle with the Wisconsin CPS. Kay has been counseling with Suzanne Shell. Kay is a member of AFRA.

The Emergency Message I put out yesterday for a Temporary Custody form was to GET HER KIDS out of Wisconsin FAST before the big trap snapped.

Kay sent me her documents at 5:23 am July 17, 2002. I have assembled her documents and the email from Suzanne Shell at- http://www.familyrightsassociation.com/members/wisconsin/index.html

I don't know if Kay had opportunity to file these documents before she was arrested.

Please read the documents so you can get a feel for what has been going on. The main thing is Warner Brothers wanted to fly Kay out to California to do a TV show on what Wisconsin has been doing to her. Kay had to get permission from her probation officer. This attack appears to be retribution for Kay's efforts and intent to expose Wisconsin's corruption.

We all need to let Wisconsin know that American Family Rights Association are watching their shenanigans.

We encourage interested parties to contact the responsible parties listed above and make their comments.

Suzanne Shell (Family Advocacy Center), July 18:

Kay called me this morning. She was told that someone could bring in a breast pump for her. Two of her friends tried but were refused. Her upper chest is now red and her breasts do no fit in her nursing bra any more. She has repeatedly requested to see a doctor and been denied. She is now in solitary because she has a 'hair tie' (like a weave) and the demand she removes it from her hair. She is willing but can't do it herself so they are threatening to hold her down and cut her hair off.

Kay is a Messianic Jew and they do not cut their or their children's hair for religious reasons. She is now in solitary and on a hunger strike for their refusal to allow her access to needed medical treatment, for their blatant disregrad of her devoutly held religious beliefs and for her illegal incarceration.

PO Eileen Hagffey has been removed from her case and a new PO (Kathy something) has been assigned. No news on the writ of habeas corpus. Suzanne is out of the office this morning and will return with more information this afternoon. We urge you to contact the Walworth County probation office, the Wisconsin Department of Corrections and the Walworth County jail regarding this atrocity.

The children are still safely hidden and Kay reports that if Slade tells the probation office where they are, Kay will be released. Please show Kay and Slade your support in this trying time.

(Suzanne Shell, Family Advocacy Center, July 18 evening)

Kay is still in jail and has been refused access to a breast pump and a doctor. A doctor even called the jail and advised them that Kay needed a breast pump. AFAC is obtaining an affidavit from that Dr. and from the friends who attempted to provide Kay with a breast pump (Jail officials said it looked like a bomb and refused to give it to Kay)

She was served with the notice of revocation which states the following (paraphrased) reasons:

Violation item 1 of her probation by failing to adequatly supervise 2 1/2 year old Aliyah as evidence by the anonymous report to CPS

Violaiton item 1 of her probation terms- child neglect - inadquate supervision of her children when she allowed them to be placed with persons unknown to her in a location unkown to her. (the location of the children is known to the legal guardian. Kay was not advised of their location in order to protect her)

Violation item 1 of her probations terms - child neglect - by allowing her seven month old nursing daughter to be placed out of her care without adequate assurances that she would be recieving appropriate nutrition. (WHAT HYPOCRACY - They jail her and not allow her to nurse the baby and THAT'S not neglect or abuse?) For those who have commented that perhaps Kay should just cooperate - she was. That is what got her into this predicament. PO Haffey just doesn't like Kay (Yes, Kay is crass and a gut-busting riot but her heart is righteous) and obviously believes it's ok to use her power to hurt Kay, Slade and five innocent children.

Kay has been advised that if Slade is at the home tomorrow with the children, Kay will be released. Those of us who know CPS can reasonably suspect it is a trap to take custody of the children based on the allegations of neglect stated above. At least if Kay fights the revocation of her probation, the state will have to prove these allegations BEYOND A REASONABLE DOUBT. If she wins, it will establish her right to refused entry to CPS agents even though she is on probation. The State of Wisconsin obviously has no qualms about manipulating family relationships to punish a mom who knows her rights.

The Probation office and the jail are quite miffed at the show of support which has been evidenced by your calls, faxes an emails. They are retaliating agianst Kay. We are doucmenting this retaliation. She doesn't want you to stop even though she is facing nine months in jail.

Friday - we must contact the Wisconsin Governor McCallum's office and the media about this abuse of power. Plead for a pardon for Kay or, alternatively, a stay of execution on the revodation of her probation. LET THIS MOTHER GO HOME TO HER CHILDREN. She is not a felon - she is a pastor's wife! She spanked her son, who needed the spanking. Her children need her, and her continued incaration is in direct contradiction to the published goal of probation to strengthen the family. Be sure to give appropriate credit to PO Eileen Haffey for her role in the atrocity.

Advise them we will contact the media - then do it. Call the talk radio show hosts in WI. Contact the newspapers. AFAC will be sending out press releases, too. You all have been wonderful, let's keep the pressure on.

contact info:

Office of the Governor 115 East State Capitol

Madison, WI 53702

(608) 266-1212

Fax: (608) 267-8983

page to email http://www.wisgov.state.wi.us/contact.asp

[HiTech RedNeck]

When a person pleads guilty, as Henson did, the judge accepts the facts of the case as contained in the complaint.

Boy this is confusing. If Wisconsin has a law exempting ordinary spankings from misdemeanor assault, it sounds like she pleaded guilty to a noncrime. The judge may accept the facts... but he can't have the law dictated to him by the prosecution.

[cherrycapital]

Actually, harbour, you are only displaying your ignorance. I am not a fundamentalist myself, more of a deist, but I was raised among many fundamentalists and they are actually the least likely of any parents to spank in anger. So your aspersions on Kay's "sect" (read: church)are singularly idiotic.

[cherrycapital]

Are you drunk already?

[HiTech RedNeck]

As applied to Gaston's delirious rant-rave it is a caricature... but not by much.

[cherrycapital]

How did this turn into a thread on the Gastons?

[HiTech RedNeck]

Mrs. Henson's advisors are Gastonites.

[Catspaw]

How did this turn into a thread on the Gastons?

You've got the Gastons (at least the missus) posted on your website.

[Catspaw]

She didn't plead guilty to child abuse.  She plead guilty to battery under 940.19(1).  What was she originally charged with?  

BTW, interesting definition of child abuse.  Apparently, if one limits oneself to soft tissue or internal  injuries, it's not child abuse, right? 

940.19       
940.19 Battery; substantial battery; aggravated battery. 
940.19(1)       
(1) Whoever causes bodily harm to another by an act done with intent to cause bodily harm to that person or another without the consent of the person so harmed is guilty of a Class A misdemeanor.
 
940.19(2)       
(2) Whoever causes substantial bodily harm to another by an act done with intent to cause bodily harm to that person or another is guilty of a Class E felony.
 
940.19(3)       
(3) Whoever causes substantial bodily harm to another by an act done with intent to cause substantial bodily harm to that person or another is guilty of a Class D felony.
 
940.19(4)       
(4) Whoever causes great bodily harm to another by an act done with intent to cause bodily harm to that person or another is guilty of a Class D felony.
 
940.19(5)       
(5) Whoever causes great bodily harm to another by an act done with intent to cause either substantial bodily harm or great bodily harm to that person or another is guilty of a Class C felony.
 
940.19(6)       
(6) Whoever intentionally causes bodily harm to another by conduct that creates a substantial risk of great bodily harm is guilty of a Class D felony.  A rebuttable presumption of conduct creating a substantial risk of great bodily harm arises:
 
940.19(6)(a)       
(a)  If the person harmed is 62 years of age or older; or
 
940.19(6)(b)       
(b)  If the person harmed has a physical disability, whether congenital or acquired by accident, injury or disease, that is discernible by an ordinary person viewing the physically disabled person, or that is actually known by the actor.
 
940.19 - ANNOT.       
       History: 1977 c. 173; 1979 c. 111, 113; 1987 a. 399; 1993 a. 441, 483.
 
940.19 - ANNOT.       
       Under the "elements only" test, offenses under subsections that require proof of nonconsent are not lesser included offenses of offenses under subsections for which proof of nonconsent is not required.  State v. Richards, 123 Wis. 2d 1, 365 N.W.2d 7 (1985).
 
940.19 - ANNOT.       
       "Physical disability" is discussed.  State v. Crowley, 143 Wis. 2d 324, 422 N.W.2d 847 (1988).
 
940.19 - ANNOT.       
       First-degree reckless injury, s. 940.23 (1), is not a lesser included offense of aggravated battery.  State v. Eastman, 185 Wis. 2d 405, 518 N.W.2d 257 (Ct. App. 1994).
 
940.19 - ANNOT.       
       The act of throwing urine that strikes another and causes pain constitutes a battery.  State v. Higgs, 230 Wis. 2d 1, 601 N.W.2d 653 (Ct. App. 1999).
 

[Catspaw]

Boy this is confusing. If Wisconsin has a law exempting ordinary spankings from misdemeanor assault, it sounds like she pleaded guilty to a noncrime. The judge may accept the facts... but he can't have the law dictated to him by the prosecution.

Although I've requested that we see a copy of the complaint, my guess is that she was charged with a crime that carried a higher penalty (either a C, D or E felony) and it was reduced to the misdemeanor in the plea bargain. Once she plead guilty to that crime, the judge uses the complaint as a basis for her sentencing.

In this situation, the judge probably accepted the recommendation, probably a joint recommendation (from the defense and the prosecution) about sentencing. However, the judge does not have to accept the sentence recommendation and can use the complaint as a basis for sentencing after a guilty plea has been entered, and it does happen if the judge feels the sentencing recommendation is to short or too long. I have seen a few cases in which the defendant pleads guilty, but there is no sentence recommendation. In those situations, each side argues for sentence.

The key factor is that she plead guilty. Had she taken this to trial and been found guilty, the judge uses the evidence, testimony and victim impact statements in his (or her) sentence. Had she been acquitted, she would've walked.

[Catspaw]

Such brilliant people. Camo fatigues, a bible, and a sense of absolute persecution by the federal government, state government, couty government, the school board, the utility companies, most churches, the business world, the Illuminat, the men in black, and the neighbor's dog is all they need to get through the pathetic failures that pass for their lives.

You did forget abusive. Note the personal attacks coming from this crowd, although they're verboten. Obviously, laws and rules are made for someone else, but they'll sure snark down taxpayer money when it suits them.

[RGSpincich]

Listen, pal, I've *personally* seen the "evidence"

The problem is not the evidence, the evidence is irrelevant at this point. Ms. Henson pled guilty to the abuse crime. She got off easy on a lesser charge and did not get hit with a felony. The one sided case you present is after the fact.

Ms. Henson was privy to the evidence, she was an eyewitness and knew exactly what motivated the spanking. She pled guilty. You may say she was coerced to do so. I say she is being coereced now by a bunch of lunatics with an agenda. It's funny to watch these things get retried on the internet with the facts twisted and the prosecution absent.

She is described as a "pastors wife".

Hardly, she tries to sell health supplements and her husband tries to sell religous stuff on the internet. He had been writing programs for "Dungeons and Dragons". They have no ministry.

No pastor here

Why do people who abuse their children almost always cite some higher calling in their life?

BTW, the CPS thing is a red herring, too. You do know that Ms. Henson is not in jail, do you not? Been out for a couple of days.

[Catspaw]

It looks like he gave himself a promotion from janitor to pastor.

Calvary Community Church Highway 50 and Harris Road P.O. Box 1200 Williams Bay, WI 53191-1200 414/245-6294	Position: Janitor/Webmaster Employment: Oct 1997 – Present	Duties: As a janitor, I clean and disinfect bathrooms, vacuum offices, hallways, and classrooms, remove trash and recyclable materials, remove snow and ice, clean drinking fountains, sweep and mop floors, and repair whatever breaks (i.e., air vent guards, door knobs, vacuums, etc). I also perform corrective maintenance on computer hardware and software when needed.

[RGSpincich]

You must've missed this...

I knew it was in there somewhere. ; )

[DJ MacWoW]

I agree that manual expression works but I doubt she had the time or the privacy to do so for quite a few hours. These people aren't terribly co-operative. They helped a friend of mine so much that she committed suicide. I was present for several "visits". I've never seen anything like it before.

[RGSpincich]

The most recent incarceration is a direct result of yet another anonymous report of child neglect against Kay alleging her 2 1/2 year old was in the street. Multiple witnesses observed a police officer take the child off of the sidewalk before bringing her to Kay's house and informing her that he had rescued the child from the street.

Because the kid was lucky enough to make it back to the sidewalk the Lunatic Fringe cries "no foul". Sounds like the neighbors are continuing to keep an eye out for the kids.

[montag813]

Why didn't she just leave the state at her first opportunity. F*ck the injustice system...I would be in New York in a Wisconsin minute...they would never find her there.

[FormerLurker]

The whiney "fundamentalists" too often cover up their egregious behavior by making such claims as this.

So now term "fundamentlist" is extended to JEWS?