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Kay Henson (spanking mom) back in WI jail. Freep the heck out of Wisconsin!
CP Prosecutions ^ | July 17-18, 2002 | Various

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


TOPICS: Activism/Chapters; Breaking News; Constitution/Conservatism; Crime/Corruption; Culture/Society; Government; News/Current Events; Politics/Elections; US: Wisconsin
KEYWORDS: child; children; corporalpunishment; cps; cpswatch; spanking
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To: Catspaw; RGSpincich
Hmmm, someone's gotten awfully quiet.

I do have more important things to do than to post on FR 24/7 like some people.

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.

A) I am not in touch with the Gastons, nor do I know them personally.
B) After viewing the 9th Circuit website, I only see opinions, not upcoming cases or Notices of Appeal. I doubt that you can look up a Notice of Appeal from that site.

Now if you can show us an example of how you'd look up a Notice of Appeal at that website, why don't you go ahead and do so, along with the appropriate links so that we can check it out...

221 posted on 07/22/2002 9:44:59 PM PDT by FormerLurker
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To: FormerLurker; Catspaw
You must sign up for the PACER Service.

Selecting a case returns a case summary which includes the short title, nature of suit, district of origin, lower court docket number, lower court judge and the latest docket entries. You can then view the full docket and, if available, the Opinion.

The following is all that I could find at the 9th Circuit Court of Appeals Pacer Site.

Case No. Party/Attorney Name Short Title
94-2117 Gaston Brito , Rafael US v Gaston Brito

--------------------------------------------------------------------------------

PACER Service Center
Transaction Receipt

07/23/2002 00:54:42
PACER Login:xxx Client Code:xxx
Description: pty select Search Criteria: Gaston
Billable Pages: 1 Cost: 0.07

--------------------------------------------------------------------------------

222 posted on 07/22/2002 11:21:43 PM PDT by RGSpincich
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To: Catspaw; FormerLurker
I finally got further into the Ninth Circuit Court of Appeals PACER site. Found two cases by the Gastons. The cases have been denied/dismissed and are no longer active. That's probably why they didn't show up before. Since Gastons stated that all their cases were pending at the 9th, guess they lose. On all accounts. No multi-million dollar suit against the State of Oregon, no relief from Spees judgment against them, no review of parental rights. Nada.

Looks like the cases may have been consolidated at some point and procedurally dismissed. The Gastons,authors of the book on how to legally defend yourself, did not file the proper papers within the legal time period. A district court had also denied a Certificate of Appealability prior to the 9th's actions.

Seperate summaries of the cases from the PACER site located below.


General Docket
US Court of Appeals for the Ninth Circuit
Court of Appeals Docket #: 00-35515 Filed: 6/15/00
Nsuit: 3530 Habeas corpus (Fed)
Gaston v. Oregon
Appeal from: District of Oregon (Portland)

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Case type information:
1) prisoner petition
2) state
3) habeas corpus
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Lower court information:

District: 0979-3 : CV-00-00529-ALH
presiding judge: Ancer L. Haggerty, District Judge
Date Filed: 4/25/00
Date order/judgment: 5/4/00
Date NOA filed: 5/18/00
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Fee status: in forma pauperis

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Prior cases:
None
Current cases:
None

Docket as of December 7, 2000 11:26 pm Page 1


00-35515 Gaston v. Oregon

WILBUR RUSSELL GASTON Wilbur Russell Gaston
Petitioner - Appellant 503/845-6734
[COR LD NTC prs]
P.O. Box 132
Mt. Angel, OR 97262

v.

THE STATE OF OREGON
Respondent - Appellee

Docket as of December 7, 2000 11:26 pm Page 2


00-35515 Gaston v. Oregon

WILBUR RUSSELL GASTON

Petitioner - Appellant

v.

THE STATE OF OREGON

Respondent - Appellee

Docket as of December 7, 2000 11:26 pm Page 3


00-35515 Gaston v. Oregon

6/15/00 Filed request for a certificate of appealability. Date COA
denied in DC: 05/24/00 Record on Appeal included (y/n): n
(STAFFATT) (je)

6/15/00 Received certificate of record. RT filed in DC n/a
[00-35515] (je)

6/16/00 Requested District Court casefile. Tina Price (mu)

6/20/00 Received District Court case file. 1 clerk's
record.(original) Tina Price (sd)

12/6/00 Order filed (Procedurally Terminated After Other Judicial
Action; Certificate of Appealability. Michael D. HAWKINS,
Sidney R. THOMAS, Marsha S. BERZON) The COA is DENIED.
[00-35515] (ca)

12/7/00 District court casefile returned. ups (sd)

Docket as of December 7, 2000 11:26 pm Page 4




General Docket
US Court of Appeals for the Ninth Circuit
Court of Appeals Docket #: 99-36036 Filed: 10/25/99
Nsuit: 3440 Other civil rights (Fed)
Gaston, et al v. State of Oregon, et al
Appeal from: District of Oregon (Portland)

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Case type information:
1) civil
2) private
3) (null)
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Lower court information:

District: 0979-3 : CV-99-00023-ALH
presiding judge: Ancer L. Haggerty, District Judge
Date Filed: 1/8/99
Date order/judgment: 8/18/99
Date NOA filed: 10/18/99
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Fee status: due

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Prior cases:
99-80033 null null null
Date filed: 2/22/99 Date disposed: 3/31/99 Disposition: trf/clk

Current cases:
None

Docket as of December 7, 2001 11:15 pm Page 1


99-36036 Gaston, et al v. State of Oregon, et al

WILBUR RUSSELL GASTON Wilbur Russell Gaston
Plaintiff - Appellant 503/845-6734
[NTC prs]
P.O. Box 132
Mt. Angel, OR 97262

PAMELA K. GASTON Pamela K. Gaston
Plaintiff - Appellant 503-845-6734
[NTC prs]
P.O. Box
Mt. Angel, OR 97362

MELISSA ANN GASTON, minor Melissa Ann Gaston
offspring 503-845-6734
Plaintiff - Appellant [NTC prs]
P.O. Box 132
Mt. Angel, OR 97362

KEVIN JOHN MEZIERE, minor Kevin John Meziere
offpring; Being sued as: 503-845-6734
United States of America & [NTC prs]
State of Oregon Ex Rel Wilbur P.O. Box 132
Russell Gatson and minor Mt. Angel, OR 97362
offspring
Plaintiff - Appellant

v.

STATE OF OREGON Cynthia A. Botsios
Defendant - Appellee 503/378-6313
[COR LD NTC dag]
DEPARTMENT OF JUSTICE
1162 Court Street N.E.
Salem, OR 97310

OREGON STATE, ADULT & FAMILY Cynthia A. Botsios
SERVICES (See above)
Defendant - Appellee [COR LD NTC dag]

GARY LEE ROBERTSON, JACK Bruce L. Mowery
MATTINIGLY, a former police 503-585-1121
officer with Silverton Police [COR LD NTC ret]
Department; ED JENSEN, a 1212 Court Street NE
police officer with the Suite 301
Silverton Police Department; Salem, OR 97301-4199
RANDY LUNSFORD, a former
Police Chief for the Silverton Richard D. Rodeman, Esq.
Police Department; SYLVIA 541-754-3648
STEARNS, a police officer for [COR LD NTC ret]
the Silverton Police 1100 NW Van Buren Avenue
Department; JERRY BLAYLOCK, a Corvallis, OR 97330
police officer with the
Silverton Police Department;

Docket as of December 7, 2001 11:15 pm Page 2


99-36036 Gaston, et al v. State of Oregon, et al

AL ALLEN, a former interim
Police Chief in Silverton
Police Department
Defendant - Appellee

RAUL RAMIREZ, LARRY ALLEN, Timothy T.A. Jensen, Esq.
Captain in Marion County [COR LD NTC ret]
Sheriffs Department; ALAN 530 Center St., NE
SCHARN, a sheriff in Marion Suite 312
County; DOUGLAS GARRETT, a Salem, OR 97301
deputy sheriff in Woodburn;
JOHN GADBERRY, a deputy
sheriff in Woodburn; DAVE
MCMULLEN
Defendant - Appellee

RICHARD CONDON, JEANEAN WEST- Robert Winkler
CRAIG; BARBARA DIAMOND; THOMAS 503-371-3502
K. DOYLE [COR LD NTC ret]
Defendant - Appellee PARKS BAUER SIME & WINKLER LLP
494 State Street
440 oregon Building
Salem, OR 97301

SHIRLEY BAEZ, GUARDIAN Janet M. Schroer, Esq.
MANAGEMENT CORPORATION 503-222-4499
Defendant - Appellee [COR LD NTC ret]
HOFFMAN, HART & WAGNER
1000 SW Broadway
20th Floor
Portland, OR 97205

MIGNON BRUNO, ANDREA BRUNO; No Appearance
NICO VEGA; SANTIAGO REYES; No Address
JEANNIE VEGA; VICTOR LOPEZ;
DONNA MEYERS; JUDY STROM; RUTH
MIKLAUCIC; DOUG SMITH,
principal at Monitor
Elementary School; CONNIE
MAXWELL; MICHAEL GILETTE;
JAMES RHOADES; WILLIAM BARLOW;
MICHAEL REYNOLDS; GEN
DENNISON; DINA VITOLINS; DAVID
SWEET; FRED AVERA; TONI
PETERSON; DONLAD KALBERER
Defendant - Appellee

JOHN KITZHABER, WALLACE
CARSON; HARDY MEYERS; TERRY
LEGGERT; JOSEPH OCHOA; PAUL
LIPSCOMB; CONNIE HAAS; DON
DICKEY; PAMELA ABERNETHY;
MITCHELL KARAMAN; LORAINE
ANGLEMEIER; GREG WEST; JOSEPH

Docket as of December 7, 2001 11:15 pm Page 3


99-36036 Gaston, et al v. State of Oregon, et al

GUIMOND; WILLIAM LEWIS;
CHARLES LUUKENIN, TED CARP;
JERRY FROST; DALE PENN;
WILLIAM HOWELL; KAY TORAN;
SUSAN SYRNEK; LARRY LAWSON;
OSCAR HERRERA; DIANE RAINEY;
LARRY PERTON; TIM IRMEN;
SHIRLEY HARDWICK; NANCY LINK;
HAZEL SPEES; SHANNA ALDIS;
IONIS ALDIS; ANN HUBARD; NANCY
MILLER; SARAH SNYDER, deputy
district attorney for Marion
County; RICHARD VARVEL, an
SOSCF administrator for Marion
County; CALEB HEPPNER, a SOSCF
administrator for Marion
County, KEN SUNICH, a
caseworker with SOSCF in
Marion County; AL BUSHEY, a
caseworker with SOSCF in
Woodburn; DALE NASON, a Court
appointed Special Advocate for
SOSCF; RICK PUENTE, a
caseworker with SOSCF in
Woodburn; PAM HELM-BRIGGS, a
caseworker with SOSCF in
Marion County; MICHAEL GOWER,
a police Officer for the
Oregon State Police
Department; KENNETH PEGYNA, a
police officer for the Oregon
State Police Department;
STEPHEN BUSHONG, an Assistant
Attorney General for the State
of Oregon; DIANA VITOLINS, an
Attorney General State of
Oregon; KENNETH MIKLAUCIC;
DEBBIE MASCH; WHITNEY SPEES
Defendant - Appellee

AMANDA MAXWELL No Appearance
Defendant - Appellee (See above)

Docket as of December 7, 2001 11:15 pm Page 4


99-36036 Gaston, et al v. State of Oregon, et al

WILBUR RUSSELL GASTON; PAMELA K. GASTON; MELISSA ANN GASTON,
minor offspring; KEVIN JOHN MEZIERE, minor offpring; Being
sued as: United States of America & State of Oregon Ex Rel
Wilbur Russell Gatson and minor offspring

Plaintiffs - Appellants

v.

STATE OF OREGON; OREGON STATE, ADULT & FAMILY SERVICES; GARY
LEE ROBERTSON, JACK MATTINIGLY, a former police officer with
Silverton Police Department; ED JENSEN, a police officer
with the Silverton Police Department; RANDY LUNSFORD, a
former Police Chief for the Silverton Police Department;
SYLVIA STEARNS, a police officer for the Silverton Police
Department; JERRY BLAYLOCK, a police officer with the
Silverton Police Department; AL ALLEN, a former interim
Police Chief in Silverton Police Department; RAUL RAMIREZ,
LARRY ALLEN, Captain in Marion County Sheriffs Department;
ALAN SCHARN, a sheriff in Marion County; DOUGLAS GARRETT, a
deputy sheriff in Woodburn; JOHN GADBERRY, a deputy sheriff
in Woodburn; DAVE MCMULLEN; RICHARD CONDON, JEANEAN
WEST-CRAIG; BARBARA DIAMOND; THOMAS K. DOYLE; SHIRLEY BAEZ,
GUARDIAN MANAGEMENT CORPORATION; MIGNON BRUNO, ANDREA BRUNO;
NICO VEGA; SANTIAGO REYES; JEANNIE VEGA; VICTOR LOPEZ; DONNA
MEYERS; JUDY STROM; RUTH MIKLAUCIC; DOUG SMITH, principal at
Monitor Elementary School; CONNIE MAXWELL; MICHAEL GILETTE;
JAMES RHOADES; WILLIAM BARLOW; MICHAEL REYNOLDS; GEN
DENNISON; DINA VITOLINS; DAVID SWEET; FRED AVERA; TONI
PETERSON; DONLAD KALBERER; JOHN KITZHABER, WALLACE CARSON;
HARDY MEYERS; TERRY LEGGERT; JOSEPH OCHOA; PAUL LIPSCOMB;
CONNIE HAAS; DON DICKEY; PAMELA ABERNETHY; MITCHELL KARAMAN;
LORAINE ANGLEMEIER; GREG WEST; JOSEPH GUIMOND; WILLIAM
LEWIS; CHARLES LUUKENIN, TED CARP; JERRY FROST; DALE PENN;
WILLIAM HOWELL; KAY TORAN; SUSAN SYRNEK; LARRY LAWSON; OSCAR
HERRERA; DIANE RAINEY; LARRY PERTON; TIM IRMEN; SHIRLEY
HARDWICK; NANCY LINK; HAZEL SPEES; SHANNA ALDIS; IONIS
ALDIS; ANN HUBARD; NANCY MILLER; SARAH SNYDER, deputy
district attorney for Marion County; RICHARD VARVEL, an
SOSCF administrator for Marion County; CALEB HEPPNER, a
SOSCF administrator for Marion County, KEN SUNICH, a
caseworker with SOSCF in Marion County; AL BUSHEY, a
caseworker with SOSCF in Woodburn; DALE NASON, a Court
appointed Special Advocate for SOSCF; RICK PUENTE, a
caseworker with SOSCF in Woodburn; PAM HELM-BRIGGS, a
caseworker with SOSCF in Marion County; MICHAEL GOWER, a
police Officer for the Oregon State Police Department;
KENNETH PEGYNA, a police officer for the Oregon State Police
Department; STEPHEN BUSHONG, an Assistant Attorney General
for the State of Oregon; DIANA VITOLINS, an Attorney General
State of Oregon; KENNETH MIKLAUCIC; DEBBIE MASCH; WHITNEY
SPEES; AMANDA MAXWELL

Docket as of December 7, 2001 11:15 pm Page 5


99-36036 Gaston, et al v. State of Oregon, et al

Defendants - Appellees

Docket as of December 7, 2001 11:15 pm Page 6


99-36036 Gaston, et al v. State of Oregon, et al

10/25/99 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. CADS
SENT (Y/N): n. setting schedule as follows: appellant's
designation of RT is due 10/28/99; appellee's designation of
RT is due 11/8/99; appellant shall order transcript by
11/17/99; court reporter shall file transcript in DC by
12/20/99; certificate of record shall be filed by 12/27/99
appellant's opening brief is due 2/3/00; appellees' brief is
due 3/6/00; appellants' reply brief is due 3/20/00.
[99-36036] (cha)

11/4/99 Received certificate of record. RT filed in DC N/A
[99-36036] (cha)

11/15/99 Recd notice of appearance of Janet Schroer (Withdrew as
counsel: attorney Joe R. Traylor for Shirley Baez for aples
Shirley Baez & Guardian Management Corp. (CASEFILE)
[99-36036] (mhf)

11/19/99 Order filed: A review of the record demonstrates that this
court lacks jurisdiction over this appeal because the
10/18/99 notice of appeal was not filed w/in 30 days from
entry of the 8/17/99 judgment. This appeal is DISMISSED
for lack of jurisdiciton. ( Procedurally Terminated After
Other Judicial Action; Jurisdictional Defects. J. C.
WALLACE; Jerome FARRIS, author; Thomas G. NELSON. )
[99-36036] (mhf)

12/13/99 MANDATE ISSUED [99-36036] (mhf)

12/7/01 NO ORIGINAL RECORD (ben)

Docket as of December 7, 2001 11:15 pm Page 7

223 posted on 07/26/2002 5:51:25 PM PDT by RGSpincich
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To: RGSpincich
I've never said the Gastons were legal eagles. IF they could have found a GOOD lawyer to represent them, they (and their daughter Melissa) might have had a chance.

This is really too bad as this case should have been heard, and it should have been presented correctly by a competent attorney.

Again, my primary concern is for the little girl, and I sincerly hope that things turn out for the best for her. There really should be some way for this family to get justice if they are in fact telling the truth..

224 posted on 07/26/2002 6:10:33 PM PDT by FormerLurker
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To: RGSpincich
Yup, that's what I was looking for--the briefing schedule, etc.

These cases are DOA. And because they didn't file the notice(s) of appeal in time, that time has expired as well. They can't refile or they'll be broomed out of court faster than these cases.

So much for the millions. They ain't gettin' any.

As far as procedure goes, all they would've had to have done is get a copy of FRAP (they're on line) and copy with the schedule the Appellate court set out & hit the law library or findlaw, but of course they didn't.

No excuses for them, but of course, the excuses are going to be made, aren't they :-))

225 posted on 07/26/2002 6:30:18 PM PDT by Catspaw
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To: Catspaw
the excuses are going to be made, aren't they :-))

It's hard to argue that they were denied decent legal help when they profess to be experts in the court system.

226 posted on 07/26/2002 7:18:03 PM PDT by RGSpincich
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To: RGSpincich
LOL! I forgot that they're published authors on people accessing the courts. Too bad they didn't read their own book. But the better one is FRAP (Federal Rules of Appellate Procedure).

I shall go snickering off into the night :-))

227 posted on 07/26/2002 7:31:44 PM PDT by Catspaw
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To: cherrycapital
"their refusal to allow her access to needed medical treatment"

Thats Wisconsin SOP. The bastards killed one of my relatives the same way.

228 posted on 07/31/2002 1:55:30 PM PDT by gnarledmaw
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To: GunToting Arizonian
Kay Henson is in jail again as we speak. The first time the father agreed to let authorities know where the children were at. They have arrested her again. The children are here in Arkansas observing the Feast of Tabernacles(10/21 through 10/28) with their father. For all the sceptics out there I have observed Slade Henson as a father in the last few days. He is one of the most caring individuals I know when it comes to caring for his children. Believe it or not this is a trumpt up charge of an ex-husband and father who is a felon,convicted of child molestation, and drug charges, giving instructions to his son how to get his ex-wife the boy's mother in trouble with the authorities. He told his son to get Kay to discipline him as she did with her hand, then to go out and have some of his buddies he plays with to put a 2 X 4 on the son's behind. The son did this not realizing his mother would go to jail. The son has told the mother Kay, step Father, Slade and the authorities this.The medical doctor in the case colaborates this yet the charges Kay agreed to after the public defenders office told her to take the deal and plead guilty or they would not defend her, are not dropped. Then the judge when he sentenced her ordered her to pay $6000.00 to the public defenders office which refused to aduaquately defend her! Kay is a stay at home mom which has no income and is not able to pay anyone anything. Kay is in jail today because they consider her lack of ability to pay a violation of her probation.

Kay's two petitions for habeus corpus in this case have been turned down and we are continuing to pray and plead with public officials to get justice in this case.

Kay has lost the custody of her two older children to the ex-husband/father who is a convicted child molester and drug convict, because of her religeous beliefs concerning keeping the sabbath, the Feast of Leviticus 23 and wearing of certain articles of clothing which the judge says makes her unfit to parent these children. The judge allowed these belief to be mocked publically in his courtroom.

I believe in law and order as much as anyone but this is a case that needs the public's attention because if they get away with this you and your family could be next. There needs to be an outcry from all over this nation that the Senators, Kohl and Finegold as well as the Governor, Scott McCallum, of Wisconsin(http:/www.wisgov.state.wi.us/contact.asp) can't ignore.

No parent is perfect as I am sure that Kay may not be but to punish someone this way is unjust. To not allow someone to defend themselves and charge them for this is so unjust it should cause all of us to do whatever we can to help this mother be re-united with her children and husband.

For all the sceptics out there; this is the truth and whether you want to believe it or not.
229 posted on 10/25/2002 9:40:26 AM PDT by truthlover41
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