2u2m
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加入时间: 2004/02/15
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作者：2u2m 在 罕见奇谈 发贴, 来自 http://www.hjclub.org
Child-Custody Battle in Memphis
Basic Facts about this case:
1. Anna Mae He was born in Memphis on January 28, 1999.
2. The Hes are a married couple and the natural parents of Anna Mae He
3. On June 4, 1999, the Hes filed a petition for custody with the juvenile court of Memphis, requesting that custody of their child be awarded to the Bakers
4. The first paragraph of the petition for custody states that the parents are unable to financially care and provide for said child at this time
5. There are two major reasons that the Hes awarded custody of their child to the Bakers: first the Bakers assured the Hes that they voluntarily care for their child simply out of Christian love. Secondly, transfer of legal custody could help cover the said child into the Bakers’ health insurance.
6. On the date that custody was signed over to the Bakers, Mrs. He was upset because she was having a hard time signing even temporary custody papers.
7. The custody was signed in a back room in juvenile court in the presence of: a Chinese interpreter, the Hes, the Bakers, Sarah Cloud, and Dian Chunn.
8. Since May 1999, the Bakers have been legally represented whereas the Hes have not till July 2001, when the case was receiving publicity.
9. The Bakers are wealthy white Americans whereas the Hes are a poor couple from China, having resided in USA for only a few years.
10. Between June 1999 and January 28, 2001, the Hes visited their child at the Bakers’ house on a weekly basis and often took their child food, toys, and clothing, etc. Certainly, the Hes took many pictures of Anna Mae and proudly showed them to their friends and relatives.
11. By November 1999, the Hes’ financial standing was improving. They asked that their child be released from the Bakers’ foster care. Mr. Baker became angry and warned the Hes not to mention it again, citing his wife’s pregnancy. Mr. Baker informed the Hes of his wife’s previous miscarriage, claiming that the Hes shall be legally responsible should another miscarriage occur. By then, Mr. Baker had known that the Hes’ problems with their immigration status and with the University of Memphis. Mr. He was scared.
12. Since November 1999, the relationship between the Hes and the Bakers began to deteriorate. The Hes’ trust of the Bakers was eroding.
13. After careful thought, the Hes took the courage to file a petition with juvenile court in April 2000, a legal action to compel the return of their child. But the first judge, Claudia S. Haltom, denied their request, citing their financial and legal problems. The Hes’ failure made the Bakers more audacious.
14. Since then, the Hes have been working harder to improve their financial standing and to resolve the pending criminal problem.
15. Mr. He was wrongly accused of a sexual assault in 1998, when he was a graduate student at the University of Memphis. The charge was first dismissed in Nov. 1998 because of no physical evidence and reopened in April 1999 because of the pressure from the university judicial dean, Kathy Story. Mr. He knows in his heart that he was wrongly charged and has refused all court deals, including a non-guilty plea, “AG Diversion,” and insisted on a jury trial, which has five times been reset and finally came in February 2003. Of course, all the jurors unanimously found him NOT GUILTY.
16. Their last visit of Anna Mae ended on January 28, 2001 (Anna Mae’s second birthday), when the Bakers refused the Hes’ request to take their child to a nearby studio for a family picture. Because the Hes insisted, the Bakers call the police to have the Hes removed from their house that day. Since then, the Hes dared not go back to the Bakers’ for fear of being arrested. But their desire to visit their child was becoming more and more irresistible. Between January 28, 2001 and April 9, 2001, the Hes called the Bakers and left messages, but the Bakers did not return their calls.
17. The Hes could not stand not seeing their child. On April 9, 2001, the Hes filed another petition with juvenile court, requesting a different judge to rule the case. Their petition was sitting on the clerk's desk until June 6, 2001 before being heard.
18. June 6, 2001 was an important court date for the Hes because the court appointed a new judge, Harold Horne, to rule this case.
19. On that date, Judge Horne asked two questions of the Hes and the Bakers: is there any written adoption agreement between the Hes and the Bakers? Is there any clear evidence that the Hes abused or abandoned their child? When the answer was “no” to both questions, Judge Horne said to the Bakers: “I believe no judge in the world would allow you to adopt this child”. After hearing that, the Bakers requested to have the hearing continued to June 22, 2001 on the pretext of their absent attorney.
20. The He family was looking forward to the arrival of June 22, 2001. However, that day did not arrive in juvenile court because two days prior to June 22, the Bakers secretly filed a motion with a higher court, i.e. chancery court, to terminate the He’s parental rights. Ruling of this case was thus moved out of Judge Horne’s hands.
21. Is it lawful for the Chancery Court to take a case pending a ruling at a lower court? Chancellor Alissandratos did that!
22. In their motion, the Bakers alleged, "The Hes willfully and deliberately abandoned their child, Anna Mae and refused to visit her for over four months since January 28, 2001..." Judge Alissandratos approved their motion and ruled as follows: The Bakers’ motion is truthful because there is no record that shows that between January 28 and June 20 of 2001 the Hes paid any visit to their daughter.
23. In December 2001, the Bakers’ attorney, Larry Parrish, deposed Mr. He and confirmed the Hes’ immigration problem and employability. Mr. He was ill prepared for the deposition because they were not effectively represented and unfortunately David Siegel was then not on the case.
24. Shortly after deposing Mr. He, the Bakers began to subpoena about 30 local Chinese restaurants, trying to cripple the Hes’ financial ability.
25. On February 7, 2002, a hearing took place in chancery court with judge Alissandratos. That hearing was about the motion filed by Mr. Parrish, requiring the Hes to deposit $15,000 with court to cover potential court costs. Here is an original quote from judge Alissandratos: "At this time I do find that there is no reason to believe that the Bakers will not meet their responsibility ultimately to this court. They have been straight with this court, so to speak. I do have some serious concerns about Mr. He in light of the fact that his representations apparently at one time are substantially different than his testimony. And therefore given that, I am not concerned about the Bakers because there's no reason in this record to be concerned about. When one is straight with the Court, when one is truthful all the way through, then the court believes that that should be recognized and dealt with. And by the same token, if one has not been, then certainly that cannot be ignored either. In other words, down the road if Mr. He is to be reimbursed, I have every confidence that the Bakers will fully reimburse him because they will adhere to any order of this court. I do believe that. " Feb. 7 hearing transcript, p. 59, L. 18-25. Judge Alissandratos based his opinions upon what Mr. Parrish presented to him. The Bakers themselves even had not testified in court as of Feb. 7, 2002, nor had a deposition been taken of the Bakers.
26. On February 12, 2002, Judge Alissandratos issued six orders against the Hes. The six orders are:
· The Hes alone shall deposit $15,000 with the court by February 14, 2002
· The Bakers are granted "legal guardianship" by this court
· The “no contact” order, forbidding the Hes to contact their child
· The Hes shall turn over their daughter's passport and their own marriage license to court
· “Gag order": interested parties shall not release the case to the press
· The Hes shall pay the court costs, including DNA fees and psych fees
27. On April 17, 2002, Alissandratos entered an order that hearing of this case be indefinitely postponed. So far the trial date is not known.
作者：2u2m 在 罕见奇谈 发贴, 来自 http://www.hjclub.org |
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