Posted on 07/19/2002 10:35:43 AM PDT by 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
We fed our babies whenever we needed to! By the way, don't think women didn't die from mastitis and other complications. Heck, evan dairy animals die from mastitis.
That's not true, Gaston does repeatedly state that he is Melissa's biological father. Where do you see anything regarding DNA?
You claim Gaston "was missing" the first 4-5 years of her life, yet you don't know this to be true. Yes, she WAS taken from her biological mother when she was around 2, lived in a foster home for a year, then went to live with her father for about a year before they took her.
You don't know if he visited Melissa when she lived with her mother. Although there are some things we don't know concerning the time prior to Melissa living with her father, there's NOTHING that shows that he was unfit, abusive, or neglectful.
Now that he's survived to the ripe old age of 8 I can allow hard objects in his room. (ie: furniture) ;-)
You've done a pretty good job of making one of yourself, so I'm sure we've had quite an audience watching...
BTW, as you promote Gaston's techniques--you know, how to lose your childen and go to prison in three easy steps--
I've never said I promoted their techniques. I've said that their child Melissa is in state care and should instead be with her family, Wilbur and Pamela Gaston. There is no reason why she shouldn't be with her family. The Gastons have exhausted their funds on lawyers apparently and have been resorting to whatever legal measures they can to get their daughter back. What would you do if it were YOUR child?
have they paid any of the half a mil they owe to Spees for her successful defamation judgment against them? And do you know how much interest has accrued on that judgment?
I'm sure they have a stay on the order until the appeal is heard, and I have no idea concerning the interest.
It hasn't been established that he ISN'T the biological father.
Once it was established that he was not the biological father, exactly what parental rights did he have to terminate?
His name was on the birth certificate, and he's the only real father Melissa has ever known.
This, of course, would be the dream of those who have been named as the father of a child, get divorced & are paying child suport, then find out later that they aren't the biological father and are STILL stuck paying child support. The irony.
Obviously Wilbur Gaston loves and cares about his little girl.
It all depends if they win their cases in the 9th Circuit Court of Appeals. If they get a couple of million or so, perhaps they might just prove you wrong.
And if you think that folks that walk in to a courtroom to arrest a judge are going to get anywhere with the US Attorney's office in bringing criminal charges against me, my only comment is BWHAHAHAHAHA! But please try it.
I don't mean the Gastons. I mean if say the FBI or DOJ is investigating possible corruption and racketeering in the State of Oregon. You appear to be actively defending various players here, so maybe you have some sort of vested interest in this case?
Oh, you do mean in a REAL court, don't you, not one of those fakey common law courts, right?
Yeah, I mean REAL court.
Many men who AREN'T the biological father are listed on birth certificates who are never called into court to have their names removed by a judge. Once a child bonds with a parent, a judge can't make that go away with a stroke of a pen. It HAS obviously happened here, and is highly dubious as to its legality.
Sealed juvenile records are protecting Will Gaston from his actions being made public. He may not have been criminal but his fitness was certainly in question. Since he had no legal custody since birth, he had no right to keep her if he was deemed unfit. The state had assumed responsibility for Melissa in Gastons absence. Melissa was just one year old when her mother's rights were terminated, she was removed from the home prior to that.
We did all of this 2 weeks ago. Here are the final eighty posts of that conversation.
Apparently the woman has been out of jail for a few days now, and the she may not be in any pain whatsoever. We needn't rush off to do the bidding of just any agendized organization seeking an emotive response, and the governor of Wisconsin doesn't have to be FReeped over this non-issue.
Very interesting. You claim their case is at the 9th Circuit, yet RGSpincich says he cannot find any record of the Gaston's appeal to the 9th Circuit:
The Gastons have, however, been found guilty of defaming Ms. Hazel Spees and owe her $500k and change in the judgment rendered against them. Ms. Spees continues to teach elementary school with the full support of parents and community inspite of the lies publicly aired against her by the Gastons. No record of the Gaston's alleged appeal in 9th Cicuit Court of Appeals can be found by me. The true facts of the defamation case must be present in the appeal package. That is probably why the Gastons have not pursued it or have just not published the appeal at their site.
So to help us along in verifying that this case is actually at the 9th Circuit, what's the caption of the case? What's the appellate case number? Which judges have been assigned to the case? What was or is the briefing schedule? Where are copies of the briefs or an url to a copy of the briefs the Gastons have filed (they'd have to file two: their initial brief, then a reply to the respondent's brief)? Is this case going to be scheduled for oral arguments or is it going to be decided on briefs only? If it's gone to oral arguments, when is the hearing scheduled?
I can't imagine why the Gastons would keep this secret; however, this would also be public record at the 9th circuit and RGSpincich can't find a trace of the case at the appellate court. What's the deal?
That's not true, Gaston does repeatedly state that he is Melissa's biological father.
Others who assume that he is the biological father may make statements to that effect. Gastons do not. They hinge their statements on "Legal guardian" and other such generic terms. Will's legal claim results from the service agreement that he had with the state to "maintain" Melissa for a year.
Gastons are not shy about exploiting anything that may benefit them. If he was the biological father it would be front and center and mentioned at every turn. That would be far more effective than claiming that social services was selling babies on the "black market". Gaston knows that if he attempts to claim that he is Melissa's biological father the state may have a great big child support bill waiting for him. May 20, 1990 - September 30, 1999. That may be what's keeping him honest (sort of) on this front.
Where do you see anything regarding DNA?
When Wilbur Gaston first obtained custody of his daughter from the STATE in l994, the STATE lied and forced DNA tests to be obtained, all the while, Wilbut Gastons name was on the original birth certificate from the beginning.
8. On September 30, l999, more than two years later, Melissa was still not released and parental rights remained intact, judge Fred Avera conducted a sham hearing for termination of parental rights. The morning of the hearing, some discovery was produced, with no time for Wilbur Gaston to study or prepare a defense, as usual for juvenile courts of no due process.
The judge did not care that Wilbur Gaston could not have possibly been prepared, and continued with the sham trial without a jury.
Gastons never give the results of the DNA tests, leaving one to believe that Gaston may have been excluded. The termination of his parental rights and the removal of his name from the birth certificate help to support this conclusion.
In 1998 Hazel Spees, correcting earlier testimony, testified that Gaston was not the biological father. She probably became aware of this fact as a result of her contacts with social services. To combat this testimony Gaston did not produce DNA evidence to support his fatherhood but rather chose to rely on Spees earlier testimony. In earlier testimony, Spees had incorrectly assumed that Gaston was the bilogical father because his name was on the birth certificate.
Spees denied on the stand that Gaston was the biological father of Melissa.
Bottom line is that DNA tests were done and Gastons aren't touching the results with a ten foot pole. The results are sealed to the general public so one must evaluate the resulting actions that were taken. Parental rights were terminated and Gaston’s name was removed from the birth certificate.
FormerLurker, if you need some help, sometimes the appellate case number is called a docket number. All you have to do is ask the Gastons for their appellate case number or appellate docket number and we can look it up for ourselves at the 9th Circuit website.
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