We featured a piece about a dependency case on the 6th of June 2011 entitled "Allegation: Evidence Fabrication by Cops". This is the case about a person I called “L” who lost an appeal in the 2nd District Court of Appeals. We filed an “Extraordinary Writ” and the matter was heard on the 22nd of June. We were late in reporting the outcome because a certified copy of the opinion was not readily available to us. We also wanted to consider options available to "L".
She was denied the petition and have now, in effect, lost the custody of her children to foster care. Nobody likes getting an unfavorable decision from the court. We are certainly no exception. But we are the more appalled because it appears that the court has overlooked the possibility of police misconduct, which was the reason we wanted a retrial. In our brief, which is attached below, we pointed to a statement that was purportedly taken from a 3-year old child. Two of the sentences included 7 words each. The MAYO Clinic, in their vast knowledge, said that children of that age will string sentences with 3-4 words each. The child’s statement to the police included the following sentences:
The fortunate thing is, we are able to attach the “Objection” that we have filed. Furthermore, a new innovation that we call the “Green Line” is also being introduced on this particular blog. You’ll know what that means the moment you read the Objection. We are doing so to protect the identities of children involved in the case. And finally, we’ve attached the actual “Opinion” by the Court of Appeals. It is, in many ways, an invitation for us to file a request for review in the Supreme Court. If that happens, we’ll let our readers know.
MAYO CLINIC (Resource Page)
OBJECTION TO THE OPPOSITION (Green Lined)
OPINION BY THE COURT OF APPEALS
She was denied the petition and have now, in effect, lost the custody of her children to foster care. Nobody likes getting an unfavorable decision from the court. We are certainly no exception. But we are the more appalled because it appears that the court has overlooked the possibility of police misconduct, which was the reason we wanted a retrial. In our brief, which is attached below, we pointed to a statement that was purportedly taken from a 3-year old child. Two of the sentences included 7 words each. The MAYO Clinic, in their vast knowledge, said that children of that age will string sentences with 3-4 words each. The child’s statement to the police included the following sentences:
- Mama holds me when Joe beats me.
- Mama was there where he hurt me.
- She whines.
The fortunate thing is, we are able to attach the “Objection” that we have filed. Furthermore, a new innovation that we call the “Green Line” is also being introduced on this particular blog. You’ll know what that means the moment you read the Objection. We are doing so to protect the identities of children involved in the case. And finally, we’ve attached the actual “Opinion” by the Court of Appeals. It is, in many ways, an invitation for us to file a request for review in the Supreme Court. If that happens, we’ll let our readers know.
MAYO CLINIC (Resource Page)
OBJECTION TO THE OPPOSITION (Green Lined)
OPINION BY THE COURT OF APPEALS
