Can Parents Win in Court Against CPS?

 

Manda Spring

Manda Spring is a published author of books, screenplays, advertisements, and articles (in print magazines and online).

As parent’s we have a lot of responsibilities to our children. We are responsible for the way they grow up, the type of person they become and all of the disciplinary decisions throughout the process. It is difficult to discipline your child but it is also vital to the result of your child becoming an adult.

If we do not correct our kids and allow them to do as they want we can inadvertently raise criminals and adults who believe that doing as they wish instead of following rules and laws is the “normal” way to behave. The case can also be made for parents who overly correct to the point of physical, mental and emotional abuse. There is a huge difference between correction or discipline versus abusive behavior. Abuse can also breed criminals as anger and resentment grow through years of suffered violence and ridicule. The two extremes of the spectrum are dangerous roads to tread.

False Allegations

Your choices in raising your children can sometimes be criticized by others. Anyone can make an accusation to CPS but commonly the people who make fraudulent reports are in the targeted parent’s circle of family and friends.

 

Custody Battles: When parents go through custody battles for their children, fear and competition can sometimes compel them to making false CPS reports to make themselves look better in court or to punish the other parent. This can backfire though, as all reports must be substantiated in order to make any dramatic changes. If the reports are obviously fraudulent the reporter can get into some legal trouble. Not to mention parents that choose this route often don’t consider how harmful this is to the children involved.

In-Laws: Meddlesome family members can also stir the pot if they believe that the parents are not raising their child according to their standards. This is a dangerous power trip and this type of controlling behavior is not healthy but does contribute to false claims of abuse.

The Ex: Whether it is an ex-girlfriend, boyfriend or best friend, fights can go overboard when CPS is called into the scene. Vengeance is another common reason for untrue reports.

Substantiated Reports

Reports are usually not substantiated without proof. When CPS validates claims of neglect or abuse they generally, depending on the severity of danger or threat of violence, give the parents time to correct the problem through rehab, anger management classes or parenting classes. Again, depending on the threat level toward the child, the social workers may leave the children in the home or remove them until the recommendations are completed by the offender.

 

What Can You Do?

Regardless of whether or not the allegations are founded, a parent does have rights. They can obtain the advice or full representation of a lawyer to get the children back in the home and fight CPS in court. But, getting a lawyer is not always needed and plenty of cases have been won without the assistance of an attorney.

From the moment CPS enters your life, a person should ask for a manual containing the policies and procedural conduct of the local social workers immediately as well as starting a journal of all that happens. Among the recorded essentials should be proof collected in their favor, if the CPS workers followed each and every step they are supposed to, as well as witnesses that can confirm your side. This is not legal advice, but merely common sense steps to take in order to defend your rights and your family’s rights.

If you can not afford a lawyer there are Legal Document Assistants (LDA) that can help you for a fraction of the cost of a lawyer. “An LDA is basically a paralegal, they have the same education and experience as paralegals and many have worked as such prior to becoming an LDA. We can not give legal advice or represent clients in court but we do all of the necessary footwork for our clients such as: research, preparing all of their documents, writing a compelling declaration, etc. This generally costs the client around 1/10 of what a lawyer charges for the same work.” – A. Helmecy, LDA

But there is a warning when going to an LDA or paralegal, “Don’t be too trusting when it comes to legal assistants. Many “companies” or individuals state that they are legal professionals but in reality they are at best self-taught and at worst scam artists looking for easy prey. A real LDA should be bonded and registered. A person can not get bonded and registered without proving to their county that they have completed the necessary education and are a legal citizen (among other things). Also, if a person claims to be a paralegal, this should raise a red flag. The law states that the term “paralegal” should only be used when a legal professional works for a lawyer, not the public. A true paralegal would know this and would identify themselves to the public as a legal document assistant instead. So, bottom line, if they do not have a registration number then don’t get involved as their business practice is likely illegal.”

Can Parents Win in Court Against CPS?

The answer is yes. Innocent parents do it all the time. If you are guilty, you may have some difficulty getting your kids back so a lawyer is recommended. Either way, when dealing with a legal situation of this magnitude a legal professional is highly recommended for preparing your declaration and documents. You do not want to make costly mistakes that can end up hurting your case.

If CPS has not followed their own rules of conduct, lied, falsified reports, etc. you can sue them in a federal court. This does happen and parents can and do win. The news is never lacking in stories of social workers engaging in criminal activity. Complaints that social workers are removing children for no valid reason is also on the rise. Often when parents win this type of suit they are awarded monetary compensation as well as getting their children back.


http://voices.yahoo.com/can-parents-win-court-against-cps-7643130.html?cat=25

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DCF, Child Protective Services In Florida Fails Another Child



Father Of Boy Found Dead In Coral Springs Is Angry With The Child’s Mother

by cbs4marlena

CORAL SPRINGS (CBS4) – The mother of a four-year old boy found dead in a Coral Springs apartment on Monday was arrested on unrelated charges. On Tuesday, the boy’s father expressed anger with the mother of his now-deceased son.

Four year old Antwan Hope was discovered after police received several 911 calls from inside the apartment.

Antwan Hope

 

“I was working and I can say on some of the calls she did not speak and hung up.  We were able to track the calls and that’s when we found the four year old deceased,” said Lt. Joe McHugh of the Coral Springs Police Department.

[worldnow id=8982495 width=385 height=288 type=video]

Destene Simmons, 23, was arrested Monday and charged with driving with a suspended license. She appeared in bond court Tuesday morning and was given a $500 bond on the suspended license charge.

Simmons’s family is not commenting on the incident. Several of her family members waited anxiously outside the Broward Detention Center and were disappointed when she was not released Tuesday evening.

Investigators are waiting on autopsy report which will determine if there was foul play involved in Antwan Hope’s death. If the medical examiner’s report indicates obvious signs of trauma, the police would immediately launch a homicide investigation and obtain a search warrant for Simmons’ apartment.

The boy’s father said he is angry with the child’s mother.

“I cried in the car all the way down. Not my child,” Antwan Hope told CBS 4’s Lauren Pastrana about the moment he learned his son was dead. “I loved that boy.”

Just days after watching his son walk across the stage at his pre-school graduation, Hope is now worrying about funeral arrangements.

“I’m angry with his mom,” Hope explained. “We should have took every option there was to do what we had to do as parents.”

Hope said he did not have custody of his son, but that he visited and spoke with him often.

 

He said Simmons had a history with the Department of Children and Families stemming from an incident a year ago in which Hope said Simmons took the child to a motel and tried to smother him with a pillow.

“DCF, Child Protective Services came and took my son. My son from his momma,” Hope said. “I would have never thought this girl would have been like this towards him.”

Relatives have said Simmons had some sort of a breakdown. She is not charged in her son’s death but was arrested on an unrelated charge.

Hope said little Antwan was with his mother during an unsupervised visit when he died.

The boy’s relatives now wants answers from DCF.

“Why would you give a child back to someone who is harming a kid,” the child’s aunt Deborah Jackson told Pastrana. “We’re trying to reduce child abuse, not increase it.”

Jackson said she would like to see all DCF cases looked at “with a magnifying glass.”

But Antwan Hope is not so quick to point a finger at the agency.

“I don’t blame nobody else. Nobody else,” he stressed. “Guess what? If she would have protected him, or loved him, they would have never picked him up. He would have never been in DCF hands.”

On Tuesday morning, police tape sealed off the door to Simmons’ apartment which was being guarded by an officer.

Police are calling Hope’s death “suspicious.”

Barbara Brunson, four-year-old Hope’s great aunt from his father’s side, said, “When they think about it, everyone is just crying.”

According to Brunson, family members on the father’s side of the boy have been concerned about Simmons’s mental state ever since an incident that occurred a year ago when they said Simmons tried to harm the four year old.

“As far as her mental state, people don’t pay attention to that until it’s too late,” said Brunson.

According to our parnters at the Miami Herald, Simmons was committed under Florida’s involuntary commitment law, the Baker Act, to a local psychiatric hospital, and Hope was placed in foster care, and then in the home of a maternal aunt.

The Department of Children & Families was eager to return the boy to his mother’s custody. Hope’s guardian-ad-litem objected to returning him to his mother’s care. Broward Circuit Judge Elizabeth Scherer agreed with DCF and allowed Simmons to have unsupervised visits with her son in preparation for full-time custody.

CBS 4 News reached out to DCF for comment. We were told the agency did not have enough information to determine whether the boy’s death was a result of neglect or abuse.

Under Florida law, DCF said it cannot release records during an open police investigation, according to a spokesperson.

Neighbor Jennifer Hill, whose son played with Simmon’s son Antwon Hope, wants answers.

“He’s crying, and it impacts him, like it does a lot of little kids in the neighborhood though. A lot of these kids are very hurt. Their friend is gone and nobody knows why. Nobody is giving us answers,” said Hill.

 

CBS4 news partner The Miami Herald contributed to this report.

 

http://miami.cbslocal.com/2013/06/12/father-of-boy-found-dead-in-coral-springs-is-angry-with-the-childs-mother/

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Child Protective Services Employee Arrested For Indecent Exposure

YORK COUNTY, SC (WBTV) –

York County parents are demanding that a local child protection services worker lose his job, after he was arrested for Indecent Exposure and DWI outside a local middle school.

Derrick Hensley, 44, was arrested and charged Monday afternoon, after police found him in his vehicle in the parking lot of York Intermediate School. Several witnesses told police that Hensley urinated in front of the school, exposing himself.

According to a police report, officers found two cans of Bud Light and a can of Four Loko inside Hensley’s car. The report also stated that Hensley “swayed” back and forth in front of officers.

Hensley has been employed with the Gaston County Department of Social Services (DSS) since 1998 and he’s currently a social worker with Child Protection Services.

“He works with children everyday trying to keep them safe and I can’t believe he’s not fired,” said York parent Kristen Stevens.

WBTV found out that Hensley was arrested in July 2012 for DWI. County records show he was not suspended, and even received a pay raise five days after he was arrested.

Keith Moon, the director of Gaston County DSS says he cannot specifically comment on personnel matters involving his employees.

“Personnel issues are confidential under law in North Carolina, so I cannot comment in any specific case,” Moon said, adding that his office will review the facts and give Hensley due process.

“If he did something like that, he doesn’t need to be around kids,”  parent John McClure said.

As of Wednesday evening, Hensley was still in jail.

http://www.wbtv.com/story/22401210/child-protective-services-employee-arrested-for-indecent-exposure

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DCF Worker Fired As Investigation Into Infant’s Death Continues

MIAMI (CBSMiami) – The social worker assigned to investigate Catalina Bruno, the woman accused of killing her son after leaving him in the car, has been fired.

Catalina-Bruno

Catalina Bruno was being investigated by the Department of Children and Families after a crash last November which left her, with her infant son Bryan Osceola on her lap, passed out at the steering wheel. Bruno was charged with a DUI.

After the DUI, Shani Smith of DCF visited Bruno’s home and reported that the safety of the children did not appear threatened and that her drinking was not an issue.

On May 16th, investigators were called out to Bruno’s home at 1071 SW 150th place in West Miami-Dade to investigate the death of her son.

According to Miami-Dade County Police, Bruno put the baby in a car seat and drove home. Upon arriving home, she got out of the car, and left the infant inside the vehicle.

Police said Bruno was inside the house for “an undetermined amount of time,” but that the father, Amos Osceola, would later ask where the child was. At that point, Bruno said she had not taken the infant out of the car.

Bryan’s body temperature was approximately 109F and was later pronounced dead.

Bruno was charged with aggravated man slaughter on a child under 18 and currently remains in jail without bond.

In court, her lawyers asked for a mental evaluation of their client stating that she suffers from postpartum depression and has been off medication for some time because of financial issues.

On Thursday, DCF admitted that Smith, the case worker, falsified documents and lied about ordering an outside evaluation.

“Our review of the case, we found the assessment was not there. In fact, we found it was never done,” said DCF secretary David Wilkins.

Secretary David Wilkins

 

Wilkins fired Smith and has referred the case to prosecutors to see if criminal charges are warranted.

As told by Wilkins, if Smith had done her job correctly, it’s possible that the little boy would still be alive.

Bruno’s attorneys, after hearing about DCF and the caseworker’s neglect, are reviewing how this admission will impact her case.

In addition to being fired, Smith’s more than 100 cases she was previously involved in, since joining DCF in 2011, are being reviewed.

Smith’s supervisor has been taken off the job as DCF investigates his role in the Bruno case.


http://miami.cbslocal.com/2013/05/23/dcf-worker-fired-as-investigation-into-infants-death-continues/

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Florida Caseworker Didn’t Check On Children, Arrested For Falsifying Records

Sashelle Alamo-Rios charged with 11 counts of falsifying records.

May 2, 2013|By Jerriann Sullivan and, Orlando Sentinel

A child-welfare caseworker was arrested Wednesday, charged with not visiting children for scheduled appointments and falsifying records to cover it up, court documents show.

Sashelle Alamo-Rios, 27, was working as a case manager for the Children’s Home Society of Florida, which has a contract with the Florida Department of Children and Families to provide services to foster children, a CHSF spokesperson said.

 

Alamo-Rios is facing 11 counts of falsifying records between Jan. 20 and March 22 of 2012 after a foster caregiver told the chief investigator for DCF that she did not see Alamo-Rios on several scheduled appointments, court records show.

The foster mom “recorded DCF’s visitations on a calendar and Alamo-Rios did not keep the face-to-face meetings,” despite turning in records for travel reimbursements, according to investigate documents filed by the Orange-Osceola Ninth Circuit State Attorney’s Office.

 

 

An initial tip was reported to CHSF in March 2012. Officials from that agency contacted DCF’s Office of Inspector General with the tip and the investigation ensued.

“We take our responsibility for keeping kids safe seriously,” CHSF Central Florida Executive Director Tara

Director Tara Hormell

Hormell said. “We have a zero tolerance policy on falsification.”

Alamo-Rios worked for CHSF for 22 months with children who are victims of abuse and neglect before being put on suspension, Hormell said.

 

 

She was put on suspension when the investigation started, but quit before CHSF could fire her, according to Hormell.

According to court documents, investigators determined that “none of the children were placed at risk or harmed.”

CHSF has 89 locations throughout the state and helps about 90,000 children annually, Hormell said.

 

http://articles.orlandosentinel.com/2013-05-02/news/os-dcf-caseworker-arrested-20130502_1_home-society-children-website

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“Power Tends To Corrupt, And Absolute Power Corrupts Absolutely.” Lord Acton

California Statesman: A We Are 1776 Column

By Assemblyman Tim Donnelly (R-Twin Peaks, California)

“Power tends to corrupt, and absolute power corrupts absolutely.”- Lord Acton

There are few cases that show the truth in this proverb as clearly as when Child Protective Services (CPS) tears a baby from his loving mother’s arms without a warrant and refuses to explain why. That is w

hat happened to one Sacramento couple late last month.

It all started with Anna & Alex Nikolayev’s 5 month-old son, Sammy, who was born with a serious heart condition.

 

After a nurse at one hospital tried to give young Sammy medicine that a doctor later explained should not have been administered, Anna became nervous about the quality of Sammy’s care. She expressed her desire to receive a second opinion from another doctor. When the ER refused to discharge Sammy, Anna left with her child and immediately took him to another hospital. Subsequently, the CPS was alerted.

At the second location, she was able to have him evaluated and discharged. A doctor-signed note was presented to the authorities explaining that Sammy was in very capable hands. At that point, the CPS’ involvement should have ended. It did not.

In what would be a nightmare for any loving parent, the CPS showed up the next day with four police officers to take Sammy. Thanks to Anna’s quick thinking, there is a home video* of this abusive government action.

 

When asked to explain their actions, CPS stated that they did not have to.

The idea that in 2013 we have a government agency operating in complete secrecy and tearing families apart is unacceptable. That is why I have requested an audit to determine how widespread these abuses are, what can be done, and what recourse exists for innocent parents.

We have a duty to uphold the rights granted us by our Creator and guaranteed in the Constitution. We should not live in fear of a government agency knocking on our door and taking away the most precious thing we have – our children.

If you have a story about CPS that you believe will shed light on an abusive practice or will be compelling before the committee when they hear the audit request, please send a brief description to Assemblymember.Donnelly@assembly.ca.gov.

We Are 1776 needs your help to make its work possible. If you would like to help us to continue our pro-freedom policy work, please consider donating here: http://giv.lt/18gIMm1.
http://weare1776.org/3926/opinion-editorials/california-statesman-cps-kidnapping-baby-sammy-perfect-example-of-power-corrupting/

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Foster Care Traumas To U.S. Senate Committee

Cleveland Native Antwone Fisher Describes Foster Care Traumas To U.S. Senate Committee

 

WASHINGTON, D.C. – The childhood suffering that Glenville native Antwone Fisher endured under Ohio’s foster care system has already been the subject of a book and Hollywood film. On Tuesday, it was the subject of a U.S. Senate hearing on ways to reform the child welfare system.

Fisher’s father was murdered before he was born and his mother was in prison at the time of his birth. He spent 12 years living with a foster family who abused him physically, sexually and verbally before he was sent to a reform school in Western Pennsylvania.

“I don’t think that a child should have to spend his entire childhood in foster care just because the birth parents can’t get themselves together,” Fisher, 53, told the committee. “Children should be offered the opportunity to be adopted early in life no matter how ashamed or horrified the birth parents might feel.”

A few months before he turned 18, a social worker deposited Fisher outside a homeless shelter in downtown Cleveland with $60 in his pocket and no job prospects, telling him he was “emancipated.” That situation exposed Fisher to ruthless predators who tried to recruit him for criminal enterprises. He said making rules for himself, such as avoiding drugs and not staying out late, kept him out of trouble while living on the streets.

“I feel that the reason a great number of former foster children eventually land in prisons is because the children are not (told) that they will have to plan for their adult lives ahead of time or told how to avoid unscrupulous situations,”  Fisher said.

After several months of homelessness, Fisher joined the U.S. Navy, which helped him turn his life around. He later worked as a movie studio security guard in Los Angeles, where he met a producer who decided to make a film about his life. His autobiography, Finding Fish, was published in 2001, and the movie Antwone Fisher came out the next year. He now works as an author, movie director and film producer.

Committee Chairman Max Baucus, a Montana Democrat, said he sought the views of Fisher and other witnesses because the committee is examining whether to extend grant programs that reward states for increasing adoption rates and that help children in foster care reconnect with their own families.

 

“Foster care should be our last resort, not our first resort,” former Franklin County Children’s Services Director Eric Fenner told the committee. Fenner now serves as Managing Director of Casey Family Programs in Westerville, Ohio.

Other witnesses described how easy it has become to find the relatives of endangered children, and urged that such searches become standard practice. Kevin Campbell, who heads the Center for Finding Family and Youth Connectedness in Lakewood, Washington, said it took him 10 minutes to find 62 of Fisher’s relatives before Tuesday’s hearing.

 

There is an undermining of trust between government and citizens when the government has custody of a child and relatives are not notified,” Campbell said.

Fisher used a Cleveland phone book to track down family members after he left the Navy. He found that an uncle had lived two streets away from him when he was growing up in Glenville and he that attended elementary school with his cousins without knowing they were related. He said he didn’t try to find relatives sooner because several of his foster siblings were rejected by their birth families.

Fisher told U.S. Sen. Sherrod Brown, a Democrat from Avon, that he probably would have ended up living with an aunt in Chicago if social service agencies had tried to track down his relatives instead of putting him in foster care.

“I have really come to a place of forgiveness for everything, even my foster parents,” Fisher said. “I just think the best way to go is to have the life, whatever life I have left, to make the best life that I can. And you really have to forgive.”

 

Utah Republican Sen. Orrin Hatch congratulated Fisher on making so much of his life despite his early setbacks, and jokingly urged him to change the “wicked ways” of the film industry.

“Keep doing the great work you’re doing,” said Hatch.

 

http://www.cleveland.com/open/index.ssf/2013/04/cleveland_native_antwone_fishe.html

 

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Background Checks More Government Intrusion

http://www.bradenton.com/2013/04/24/4495377/background-checks-more-government.html#disqus_thread

 

Regarding the defeat of the Manchin-Toomey amendment on background checks:

Policies with the best intentions based on current affairs do not work for “we the people” in the long run in reference to our Constitution and the intent of our forefathers.

Why do U.S. citizens have to do more work for a government that can’t get anything done anyway? If I want to sell my firearm to my neighbor or a private citizen, the government wants me to do a background check for the government. No!

Want to send a message about gun laws? Crimes committed with guns?

If you kill someone during a crime with a gun, death within seven days.

If a rape or malicious wounding is committed with the use of a firearm, death within seven days.

You want tougher gun laws, then institute tougher, swifter penalties for the criminals. More government intrusion is not the answer.

Why stop there while we are at it? If I want to sell my used car, I guess I should do a background check on the buyer for DUI’s, driving without insurance and other tickets, for the safety of others. Thirty-one percent of all traffic deaths were under the influence. Firearm homicides 3.7 per 100,000.

The government has burdened the American people enough with laws that don’t work and are useless against criminals — who will get around them, they always have and always will regardless of the government’s best intentions.

Just how would this stop a convicted felon from selling his firearm to another convicted felon? It won’t, because it’s done everyday.

The government should clean its own house before intruding into ours. Fast and Furious is a prime example on background checks. Just ask the family of the murdered US Border Patrol agent Brian Terry. When will government intrusion into our daily lives stop?

Glen Gibellina

Bradenton Florida

http://www.bradenton.com/2013/04/24/4495377/background-checks-more-government.html#disqus_thread

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Jailing Kids For Profit

The good news is that these two dirtbag judges are in jail for a long time. (How they lived long enough to make it to court is a mystery to me. People in Pennsylvania must be VERY patient.)

The bad news is that they’re only the most egregious players of the system.

There’s a whole industry of people who make their livings making life miserable for kids.

Also consider this…

The cops knew this was going on, the prosecutors knew this was going on, the court officers knew this was going on, the other judges knew this was going on…and they did NOTHING. What kind of people tolerate this rampant criminality in their faces day in and day out. Apparently a lot of cops, prosecutors and fellow judges.

And what about the human garbage that ran the private prison – the people who payed the judges to jail these kids. They appear to have gotten off completely scot-free. If they could afford to pay millions in bribes how much to you think THEY made?

I guarantee they knew who to grease at the Justice Department (Eric Holder?) to get the FBI and Federal prosecutors off their backs.

Notes from YouTube:

Judge Mark Ciavarella and Judge Michael Conahan received over two million dollars selling kids to private jail facilities. Judge Ciavarella was found guilty yesterday on 12 counts of corruption.

Ciavarella ordered a 13-year-old boy to spend 48 terrifying days in a private jail for throwing a piece of steak at his mother’s boyfriend during an argument. An honor roll student who had never been in trouble before was sent to the same jail, because she gave the middle finger to a police officer. A girl who accidentally set her house ablaze while playing with a lighter languished in custody for more than a month, forced to shower naked in front of male guards. She was only 10 years old.

Do you have kids in your life who you
care about?

Children? Grandchildren? Nieces? Nephews?

Share this page far and wide.

There’s a well organized war AGAINST them. We better
start a well organized war FOR them.

It starts with information.

For more info, go to: The War on Kids

For more videos in this series:

They’re not schools any more. They’re prisons – without the rights

Where ‘Zero Tolerance’ Leads

The Ultimate Surveillance State

 

A extreme example of a common story, read the full story here: http://www.brasschecktv.com/videos/judicial-corruption-1/jailing-kids-for-profit-.html

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The Coverup with Stu Pepper

 

 

 

 

 

 

 

 

 

 

 

Dear Friends and Colleagues:

My movie, The Coverup, will be airing again Sunday, March 31 at 6 AM Eastern time on Lifetime Movie Network. For those who would like to purchase a copy, you may do so by using the following link:
https://itunes.apple.com/us/movie/the-cover-up/id448994242

I made the movie in the hopes that the police officers responsible for the death of Kevin Thacker and the ensuing cover-up by the police and the FBI, would result in a grand jury indictment. However, Nicholas Klinefeldt, the assistant United States attorney general for the Southern District of Iowa; Tom Miller, the Atty. Gen. of Iowa; and Jennifer Miller, the county attorney for Marshall County, Iowa, have to date lacked the courage and professionalism to do what is right and convene a grand jury. When you see the movie you will understand why these police officers need to be indicted and pay for their crimes.

 

Very truly yours,

Atty Stu Pepper

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