Você está na página 1de 3

2003:

1. Damons (6 y.o.) brother, Ryan (9 y.o.) told about weird incident at fathers the night before, that he came into their room in the middle of the night; Damon described father hurting him with a metal/hard thing on his backside in his top bunk. 2. Mother reported to CPS; CPS interviewed boys and mother; father refused to be interviewed; ordered supervised visits; dismissed case due to Eric not participating 3. Police did not get physical evidence (like sheets/computer); called Eric, told him what Damon said, made appt for next day. Eric failed polygraph; detective did not believe his explanation; put him on Child Abuse Central Index; did not give to D.A. for lack of evidence beyond a reasonable doubt. [Police Report: http://www.scribd.com/doc/99458403] 4. DV judge issued restraining order saying that it was credible, in part because Ryan was the one to report it. Continued RO. Case transferred to family court. 5. Judge Smyth dismissed RO saying not enough evidence; ordered 730 eval by Dr. Ray Murphy; resumed unsupervised visits before Murphy did any investigation; Cindys complaint that Eric could threaten Damon into silence were disregarded 6. Damon reported more abusesaid it had happened every time he visited his father; CPS sent new male social worker to interview Damon; Damon told him in six year old language, so vague: unfounded 7. Ray Murphy, forensic evaluator, did not comply with FC 3118, the minimum requirements for investigating sexual abuse; did not interview Damon about abuse; concluded not enough evidence of abuse [confidential document] 8. Minors counsel Terry Chucas appointed; his report threatened Cindy if she didnt accept abuse did not happen, she would lose custody 9. Damon reported abuse to CC therapist; Cindy told cant bring Damon back there by Chucas

2004:
10. Smyth findings: abuse may have happened but insufficient evidence possibly due to Damons young age; didnt believe Erics explanation of the bunk bar causing the pain while lifting Damon over it to bring him to the bathroom several times, and that would not take 7 seconds (Damon had counted to seven while the abuse was occurring); Cindy did not coach Damon; increased Erics visitation to half time; told Cindy that even if it happened she would lose her children if she did not cooperate with unsupervised visitation [Transcript excerpt: http://www.scribd.com/doc/99457926 and http://www.scribd.com/doc/99457281] 11. Damon distressed, said Eric still making him sleep with him; Cindy tried to get an order to stop; Smyth found that father has right to sleep with son. 12. Cindy hired protective mother attorney Richard Ducote; filed motion to reconsider excess of jurisdiction since 3118 not followed; http://www.scribd.com/doc/99561261 13. Damon disclosed to teacher and principal; Chucas recommended Cindy lose custody and visitation.

CINDY WENT INTO HIDING WITH HER THREE BOYS

2008
14. They returned from hiding on promise that there would be proper investigation, hearing, and Damon could testify.[transcript exerpt Alksne saying worried/rape, 3118 etc. 15. Judge Alksne placed boys with guardian for 2 weeks while Damon disclosed abuse to Dr. Dess and minors counsel; Cindy placed on supervised visits 16. Dr. Dess did not comply with 3118; said not enough evidence of abuse; recommended reunification and no contact with Cindy unless she went along with Damon being unsupervised with Eric [confidential document]; testified that Cindy really believed Damon was abused and did not coach him transcript excerpt 08 17. Eric filed emergency unnoticed ex parte motion to send the boys to camp for deprogramming; denied 18. Alksne changed her mind and declared case In Res Judicata (i.e. relies on previous ruling by Smyth of insufficient evidence) so no hearing allowed on the abuse, only on custody 19. Hearing: Custody stays with guardians; reunification with Dr. Barrett; Dr. Barrett tried for a year to get the boys to believe the abuse did not occur. http://www.scribd.com/doc/99562157/2011-Damon-Reunification-001

2009:
20. Cindy said that if the court was going to force Damon to be alone with Eric, she would go public; she went to local news channels and national email campaign to get D.A. to take case; due to public pressure, D.A. met with Cindy, D.A. said family courts muck up cases too much to prosecute. 21. Alksne allowed in chambers testimony; Damon told her about abuse; Alksne declared him psychologically impaired because he still believed he had been abused; recommended sent to a boarding school out-of-state to cure impairment; Cindy filed motion to stop that from happening 22. Full custody to Eric of older boys who moved from guardians to Erics house; Damon remained with guardians; unsupervised visits with Eric; supervised visitation with Cindy 23. DISQUALIFICATION?

2010
24. Cindy filed Writ for 3118 to be complied withdenied; filed motion to view Chadwick Center videotape from 5/08denied; 25. Damon made youtube videos to Dr. Phil for his segment on the Family Court Crisis and to the president; 26. Final order for Damon: full custody to Eric; Cindy would get gradually increasing unsupervised visitation if she stopped protesting every week outside the court; she complied; Eric did not force Damon to be alone with him at this point

2011
27. Damon ran away July 11th after being forced to be alone with Eric; Cindy filed motion for emergency change of custodydeniedNo contact order with Cindy

28. Damon made video saying that nobody listened to him red shirt and wrote elected officials and legislators 29. Damon hired attorney; filed for emancipation in Alameda Countydenied

2012:
30. Damon filed motion in San Diego family court with new judge, Judge Christine Goldsmith, requesting (at nearly 16 years old) to be able to live with Cindy and visit Eric as desireddenied; prohibited evidentiary hearing on the abuse; revert to Alksnes ordersfull custody to Eric, visitation with Cindy every Wednesday evening and every other weekend 31. two articles written about Damon and a petition with a video of him begging people to sign it

Damon remains in hiding and has said he will not come back until he is safe from his abuser

Você também pode gostar