THE SUPERIOR COURT OF THE STATE OF WASHINGTON
AND FOR THE COUNTY OF KING
penalty of perjury of the laws of the State of Washington, certify and
declare the following to be true and correct:
have known The Father/Respondent since June, 1999, when he became a
student at the college where I am employed.
He also became a college work-study student employee sometime
during his 2nd quarter of attendance at the college.
Prior to the November
10, 2000, incident, I had, on several occasions witnessed The
Father/Respondent interacting with his son, at various school functions.
The Father/Respondent always appeared to be very relaxed,
patient, loving and communicative with his son.
The Child liked to come into my office and play, turning around
on the office swivel chairs, and playing peek-a-boo with me from behind
his Dad’s legs. He always
remembered in which drawer to find the treats!
five days after the November
27, 2000, hearing, and after contacting the Federal Way Police for
an escort to the family home for a civil standby, I drove The
Father/Respondent to pick up some of his belongings.
We were met by a police officer at the Safeway near his home.
The officer informed us that once we arrived at the home, we
would have only twenty minutes to remove everything he was allowed to
take. We were also informed
that the decision about what he was allowed to have rested with The
would be only one civil standby allowed, so what we could remove that
evening was all he was going to receive.
When we arrived at the family home, the officer went to the door
and knocked. The Mother's
Accomplice answered it and informed the officer that The
Petitioner/Mother was not at home.
He informed the officer that The Father/Respondent’s belongings
had been packed, and were in the van in the driveway, and in the
backyard storage shed. The
Mother's Accomplice allowed The Child to walk out onto the front porch,
and as soon as he saw his Father, he began signing to him, saying, “I
love you” and “come in”. At
that time, The Mother's Accomplice physically restrained The Child from
running to his father. The
Mother's Accomplice was excessively rough with The Child, bodily picking
him up by putting his arm around The Child’s waist and setting him
back inside the house. It
was obvious that The Child was confused, and did not understand why he
could not go to his Father, who was standing in the street by my car.
He continued to try to come back out onto the front porch.
The Mother's Accomplice raised his voice, and started telling The
Child - speaking, not signing – to stay in the house.
Please remember that The Child is deaf.
As The Child still continued to try to come back outside and talk
to his Father, The Mother's Accomplice again began forcibly pushing the
child back inside the house. Once
The Mother's Accomplice had pushed The Child completely back inside the
house, he closed and locked the door from the outside, with a key.
The Mother's Accomplice kept telling The Child, who, of course,
could not hear him, to stay in the house and be quiet.
I was extremely concerned that he had locked a four-year-old deaf
child inside the house – alone, confused and unsupervised.
The Father/Respondent was also upset, having just witnessed The Mother's
Accomplice man-handling his son, bodily picking him up, pushing him
through the door, and locking him in the house alone.
The Mother's Accomplice had made no attempt to console The Child,
or explain to him why he was not allowed to see his Father.
Of course, The Mother's Accomplice cannot sign.
The Father/Respondent asked the officer if he would please tell
The Mother's Accomplice to stop treating his child in this manner.
The officer refused; he stated that he saw nothing inappropriate
in the way The Mother's Accomplice had handled and treated the child.
The Father/Respondent pointed out to the officer that The Child
is deaf, and did not understand what was happening.
The officer did not care. The
Father/Respondent then asked the officer if he would write a statement
as to what had just happened, and the officer flatly refused.
locking The Child in the house alone, The Mother's Accomplice unlocked
the van and the backyard shed, and began carrying items out and putting
them in the driveway. One
of those items was The Child’s computer, which The Father/Respondent
had previously built for his son. This
was so that he could learn visually, that which he could not learn
audibly and verbally. The
Father/Respondent wanted The Child to have his computer to aid in his
education, but The Mother's Accomplice decided he would not allow it to
remain in the home. He
insisted that The Father/Respondent remove the computer.
Further, of the other computers that he was allowed to remove,
those that had been fully operational when he had been forced from his
home, had been opened, and it was immediately apparent that they showed
obvious signs of malicious and intentional tampering.
The cases had been removed and were still loose; one actually
fell off in the driveway. Coincidentally,
this happened to be the computer that The Petitioner/Mother knew The
Father/Respondent had just finished rebuilding and planned on selling.
He was not allowed to have most of his personal belongings.
We loaded what we could into my small car in the short time
allowed, and left. Items
that he still needs for school; tools, which he needs for his job,
computer parts and software; as well as many other personal belongings
and vehicles still remain at the family home.
have also witnessed several incidents at the Kent Regional Justice
Father/Respondent tried on several occasions, both on the phone in my
office at the college, and in-person at the RJC, trying to obtain copies
of the Family Court Services file on the investigation which was being
performed. He began
immediately after the December 18, 2000, interview
with Ms. Rosie Anderson, Social Worker, Family Court Services, which
was nearly four weeks prior to the January
17, 2001, hearing, so that he could have an opportunity to properly
prepare for the upcoming hearing. He
completed the mandatory application necessary to receive the
documentation on three separate occasions before he finally received the
documents. Each time, he
was told that they had never received the application.
I was present during all of these phone calls and visits to
Family Court Services.
was also witness to the fact that he submitted all his personal
reference statements, as well as his declaration and supporting
documentation as requested to Family Court Services, in my presence,
when he arrived for his appointment with Ms. Rosie Anderson on December
18, 2000. I witnessed
The Father/Respondent asking Ms. Anderson if he should submit these
documents to the court himself, and she assured him that it was not
necessary, and they she would see to it that they would be properly
submitted. When we later went to the Court Clerk’s office to obtain
copies of everything, these reference statements were conspicuously
missing from the file in the Court Clerk’s office. These
records were never submitted to the court as promised by Ms. Anderson,
and were apparently never taken into account in the assessment which was
prepared by Family Court Services, and submitted to the court on January
17, 2001. This
assessment was obviously biased, and contained none of the items
submitted on by and on behalf of The Father/Respondent.
have also witnessed The Father/Respondent receiving statements from his
references stating that Ms. Anderson never contacted them at any time
during her “investigation”. I
have been present on numerous occasions when The Father/Respondent has
filed papers in the Court Clerk’s office.
On January 26, 2001, he filed papers for his upcoming hearing on
his Motion of
Revision, which was originally scheduled to be heard on February 9,
2001. That same day, he
delivered judge’s working copies to Room 2D at RJC.
On February 2, 2001, additional papers were filed which were to
be included in the record, and these were also delivered to Room 2D.
I was present when he arrived for his hearing on the Motion
of Revision on February 9, 2001.
The bailiff informed us that the judge had not yet looked at the
videotapes of the two prior hearings, and so The Father/Respondent
surrendered his copies of the videotapes to the bailiff for the
judge’s review. The
hearing was then postponed until February 20, 2001.
At that hearing the judge stated that The Father/Respondent’s
Motion for Revision had not been properly filed, that there was nothing
in the court clerk’s file relating to this motion, and that no
judge’s working copies had ever been delivered for his review.
All of this is untrue. I
was witness to the filing of the motion in the RJC Court Clerk’s
Office within the 10 day deadline following the January
17, 2001, hearing, and to the delivery of the judge’s working
copies being delivered to Room 2D in the RJC.
When the judge stated that nothing was in the file, The
Father/Respondent asked to be allowed to provide the court with another
set of dated copies of everything that had been filed.
The judge refused, and denied the motion.
have also been present when The Father/Respondent placed calls from my
home to The Paternal Uncle. In
The Paternal Uncle’s statement to Family Court Services, he falsely
states that The Father/Respondent threatened to make The
Petitioner/Mother’s life “a living hell”. There was never any such
statement made. At one
point, The Father/Respondent did state that he had to end the
conversation. He said, “
I have to go now. I’m
really upset about all this…I don’t understand why she’s doing
this. It’s making my life
Father/Respondent was understandably upset; his entire life had just
been torn apart. As of that
time, he had not been allowed to see his son.
He didn’t understand what was happening, or why.
But at no time did he ever make any threatening statements
towards anyone. I have now known
The Father/Respondent for nearly two years, and he has been living in my
home since November 15, 2000 - for four months.
I have seen him extremely upset at times, over the obviously well
planned, cruel and calculated attempts to tear him from his son’s
life. The very night The
Father/Respondent was forced from his home, the mother moved The
Mother's Accomplice, her lover of two years, into the family home. In
the beginning, The Father/Respondent was broken-hearted at the thought
that he was never going to see The Child again.
But, even during all of this, when most people would have given
up and lost control, I have never seen any sign of unmanageable anger or
violence. I doubt many
parents could have handled this horrendous situation any better than he
if they thought that they had lost their child forever.
have been present when The Child comes home for his weekend visits with
his father. During the
drive from The Child’s daycare to home, he, literally, never stops
talking/signing to his Dad. His
little hands are going 100 miles per hour.
The Father/Respondent spends every minute of those weekend visits
with The Child. They read
together, go for walks to the grocery store or 7-11 together, walk to
the park and the ice-cream parlor together, play video and computer
games together and watch TV together.
Sometimes, they just sit and snuggle and talk to one another.
They even play baseball games in the living room!
They are starting to meet other families with children in the
neighborhood, and have been invited to go to story-time for children at
Border’s books, where the stories are signed, and The Child can
interact with other children his age – both hearing and deaf.
They never get more than ten feet apart during the entire visit.
Where you find one, you find the other.
They are very affectionate with one another.
With the exception of sleeping time, I am present for nearly all
of the time they spend together. I
have rarely seen a father be more loving and gentle with a child.
The Child has never seemed upset or even anxious during these
visits. In fact, the only
times when he becomes upset, is when we drop him off at the daycare when
the visits are over. He
clings to his father, and does not want to let him go.
have been a parent for 25 years, a grandparent for 21
years, and a licensed foster parent in Pierce County in the State of
Washington. I have dealt
personally with the issue of domestic violence and abuse of every
imaginable kind for many years, including that which I suffered during
my own childhood, and, unfortunately, that which my children and I
suffered during my marriage from 1974 until 1992.
Personally, I have dealt with violence in the home most of my
life. As a survivor of
abuse, a mother of three children that are also survivors of abuse and a
volunteer with Good Samaritan Mental Health Center in Puyallup,
Washington, I have worked diligently to help put an end to domestic
violence. In my experience,
violent people react to even the most trivial and insignificant things
in a violent way. Even
though The Father/Respondent has been forced from his son’s daily life
and spent Thanksgiving, Christmas and New Years –ten full weeks
without even being allowed to visit his son - I have seen pain, but no
violence, and no loss of self-control.
He has shown my family and me nothing but the utmost respect in
the nearly two years that I have known him.
And in turn, I have given him the respect and trust to allow him
to live in my home and spend time with my 12-year-old daughter and my 21-year-old
granddaughter, both when I am home, and when I am not.
I would have never invited The Father/Respondent into my home if
I suspected there was even the slightest possibility that he might be a
violent or abusive person.
is attending college, and doing everything possible to make a better
life for The Child. In the
two years that I have known him, it has become obvious that he has
devoted his life to loving, caring for, and providing a better life for
his son. The Child attends school in the Puyallup School District near
my home. The
Father/Respondent has been instrumental in convincing the District to
provide necessary services, such as sign language classes, to the
parents of deaf children.
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