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
BWAHAHAHA! That's right, tell cherrycapital to encourage her friends to take a one-way trip to prison & lose their kids in the process.
I'm not a naysayer. I posted an accurate picture of Wisconsin's criminal justice system, its probation department and CPS, and gee whiz, I sure didn't get that knowledge and experience out of a book. Take a guess: how do you think I obtained that knowledge?
BTW, how much do you think my aunt and uncle had to pay for the three kids they adopted? And I suppose they could special order them, too.
I'm not sure what the law is in Wisconsin, but here in CA such agents have only good-faith immunity, not blanket immunity from suit. While it is difficult to sue CPS or probations agents, if you can prove that the actions taken are malicious, or so far out of normal practice that the agent could have no good faith reason for taking the action, then they can be sued like anyone else. It is a high burden of proof, but if they have tapes of the probation agent creating new probation requirements on the fly, they probably have a case.
One problem that CPS orgs have is that they are forbidden by law from releasing details of these kinds of cases unless the parent is facing a felony arrest.
That leaves the whiney types and the silly agendized groups that support them to make all kinds of wild claims.
Again, don't know what the truth is here, but you can bet you're not going to find it in a press release of this type.
This is an excellent point. It amazes me how swiftly and skillfully a liberal biased document can be shredded yet a press release from an implied conservative source gets a pass. Biases certainly shape our opinion but to cling to them blindly in the face of facts (which we don't have here yet) makes us no better than liberals. Well a little better. ;-)
Adoption freebies from the Clinton anti-family era. It's $4,000.00 per child they recieve each time a child is legally ( depending on the meaning of the word "is") adopted.
These people are getting money and power hungry. Clinton granted them immence power , and a lucrative reward to back it up.
Just as PETA tries to tell you how to eat, Smoking Nazis tell you whats best for you, Enviro-Wacos tell you if you can use land, and this group tells you how they feel you should raise your kids.
I totally agree with you. Embellishment taken to enormous exageration. State of CT is that way too. I think it's only that I've had frequent contact with my state senator on other issues that this didn't blow up on our face. The social worker didn't like not being able to find the kids at school. The had to come to the house, we're homeschoolers, they don't like that.
I forgot to address this: the probation officer fills out a form each visit for the probationer. It carries the standard clauses--no alcohol, no drugs, blah blah blah--but it also has a large blank space in which the probation agent can write other specific conditions of probation and these can be modified, added to and deleted at each visit. Before the probationer can leave the office, the probationer has to sign the form. If the probationer refuses to sign, the probation officer puts the probationer in cuffs, calls the police department for transport and the probationer is put in jail. The first week in jail is at the probation officer's authority; the second week has to be authorized by the PO's supervisor. The third week in jail is authorized out of the corrections dept. in Madison. I'd have to look it up to verify, but the probation revocation has to be started in that third week, although it can be earlier. And I'd just bet taping a probation meeting without prior consent of the agent is a violation of the rules.
The PO will go to the jail with the probation form within the first 24-48 hours to see if the probationer will sign it. They'll usually come back once or twice, usually with another agent or the agent's supervisor. If the PO refuses, they ask if the probationer wants to voluntarily revoke his or her parole. If it's no, then they go ahead with the revocation. Then they have to wait for the administrative judge to come to that county for the hearing. That can be 2-4 weeks later, sometimes longer.
Given the many collect calls the law office has gotten from probationers cooling his or her heels in jail (and the screaming phone calls from the girlfriends, boyfriends, husbands, wives, mothers--but rarely fathers), it takes repeated explanations that when someone's in on a probation hold, there is no bail hearing because there is no bail for a probation hold.
Makes you wonder how humanity survived
before breast pumps were invented.
OK, serious question here: while the law is building the case to support a child abuse indictment, the child dies from said abuse.
At that point, the only thing we can do is exact societal retribution against the perpetrator, because it's too late to help the kid.
How do you propose to resolve this conundrum? I don't think you can merely tell minor children, "Sorry, kiddies, but if you have the misfortune to have a nutball for a parent, you're hosed." The goal here is to protect children. And my experience with CPS cases is that the parent always thinks he or she is a good parent--even when the "chastisement" applied consisted of liberally applying a Louisville Slugger to the kid.
ELF is planning destruction on civilation. They haven't been arrested. They haven't broken the law yet. Until they do, and many may die when they do, the FBI has no case.
Equal protection under the law
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.