Saturday, August 14, 2010

ADJOURNED/ Part 280 / For Love and For Justice / Zabeth and Paul Bayne/

At precisely 9:30 AM Friday August 13th, 2010, a clerk entered the court room with the customary words, “all rise.” In unison we stood in deference to Judge Thomas Crabtree who came to his desk carrying his laptop. On that laptop he contains his personal notes typed as he listens through endless hours. Judge Crabtree has expressed earlier that he wanted this hearing to conclude Friday.

It's like climbing a mountain
Already seated in the witness box, Zabeth Bayne for the fourth day affirmed to tell the truth and counsel Finn Jensen immediately continued with his cross examination. Questions spewed effortlessly as he elicited responses by which he intended to arrive at a suggestion that Baynes had nothing about which to complain because the Ministry had provided the very same kind of good care for the children that the Baynes themselves would have chosen to provide if the Ministry was not involved. This tactic was employed repeatedly. Here's an example of this self-serving cross examination suited for you this morning. While Bethany was in hospital, the two boys required someone to care for them, right? Who better than family to care for the boys, correct? Zabeth's parents can satisfactory care for the boys, isn't that so? Zabeth and Paul trust their boys to the grandparents, don't they? Is this what Zabeth would choose for her boys so that she can be free to go the hospital? Of course it is, wouldn't you agree? Well, isn't that precisely what MCFD did for Paul and Zabeth? MCFD thought of the best interests of the children and put the family first didn't it?

Irritation, annoyance, frustration, aggravation is what attending Bayne supporters feel as they observe Zabeth being compelled to pluck at her memory for three years old details covered with mountains of disappointment and sorrow. On this day she answered clearly and confidently when she could, faltering only when Jensen made one of his regular suggestions to her that intimated she was dishonest or confused or purposely not recalling a detail or hiding the truth. Counsel Doug Christie struggled impatiently to hold back objections to  countless moments when he felt Jensen crossed a line, knowing that each objection would lead to lengthy debate which would consume hours in total. Child protection lawyers like nothing more than to extend a trial because it wears on the defendants and exhausts their resources and makes the lawyers wealthy.

In 2009 the media contacted the Baynes to invite an interview. That interview was recorded and scheduled for airing within days. Soon after that a 2008 mediation meeting was held in which the Baynes were told that the boys would be returned. Then the televised interview was shown and MCFD was embarrassed and called this a breach of trust. Christie called it vengeful and retaliatory that MCFD immediately decided not to return the boys. Jensen alleged that communication of this change was given to Zabeth but that she chose to ignore or not to believe it. She testified that this communication was never clear to her when she planned her son's birthday party. Her lasting impression was that SW Loren Humeny had conveyed the children would be returned. Jensen suggested that her shock and surprise was feigned when MCFD workers arrived at the birthday party to remove the boys. It appeared that occasionally Jensen showed impatience with Zabeth's memory lapses or her seeming unwillingness to concede to his suggestions.

Well here's the point. MCFD has no evidence that either parent harmed their own infant daughter. They needed a confession. Jensen needed to catch her somehow on an apparent contradiction out of which she could not extract herself. That did not happen.

The most reprehensible tactic that Jensen used happened near the conclusion of the morning. Through a series of questions he sought to display that Zabeth and Paul could not meet all of the challenging needs of all three of their children if and when they were returned to them. Then he deftly zinged her with a couple of questions to evoke responses of information that was so personal and should have remained absolutely confidential. The room gasped.

Soon after with a suddenness that astonished Judge Crabtree as well as Jensen, Doug Christie standing tall and convincingly serious, announced, “I am ready to make my final submission.” Of course the judge would have to rule that this was permissible since Jensen was not finished his denunciation and should do his summation first. Jensen said he was not prepared to do summation. Yet he has had many months to be ready and knew this day was coming and that it wasn't going to spill over unless of course he said something like this. And the judge not wishing to created any fodder for an appeal acceded to this reason. Christie did his summation in the afternoon. Read yesterday's update for further details.
NEW! Look for Paul's and Zabeth's own announcement on her Facebook page

11 comments:

  1. Let's all work together to do whatever we can to help re-unite this family. Let's organize.

    ReplyDelete
  2. I was present in the courtroom and gasped along with the others.

    The implications, as you say, are indeed sinister and affects every citizen when a government authority can broadcast private information that really has nothing to do with matters at hand, without prior permission.

    The facebook link, I believe requires one to be logged in and added as a "friend" to view the "friends only" areas of the website. This is a security feature of the website so Google won't automatically publish everything that appears that should be private.

    Part of increasing support for the Baynes would be to request to be added as a friend to this facebook page.

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  3. Thank you Anonymous 11:14 am for encouraging people to request to become online friends of the Baynes.

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  4. I know now from some very bad treatment I got from CPSWs that they come up with a 'hypothesis' and then try to prove it. The hypothesis does not have anything to do with reality but they keep calling people who hate the mom they are trying to ruin and write down what is untrue. It is an evil they are doing as it is evil to deliberately set out to damage a parent especially to that extent. A person is picked out to destroy. In my situation, I was the most involved with my children's care with taking them to the doctor, and being with them all the time, so I became the most suspect. I did nothing wrong. My son got ill and we tried to get help. Why does MCFD hate us parents so much????

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  5. To Anon 3:51

    CPS/MFCD Does not Hate Parents! These People are doing what they were Trained to do and when things get slow they go looking for work even if it is Manufactured Lies to Justify Thier Salaries!
    In My case they even were so arrogant and foolish enough to use a Page from another CPS Case that still had Thier Names on it,it was changed after another court but still kept it in with name change? This was a real EYE Opener and can imagine how many others have to deal with copy and paste?

    And from My Personal Experience Yes, most are Evil!

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  6. MCFD hates parents because MCFD hates anything that is good and true. That's the nature of evil.

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  7. Talking about cut and paste, the psychologist that assessed my kids mixed up facts between reports.

    Complaining to the college of psychologists was pointless, because this person was a former board member and was still actively consulting.

    MCFD operates a cookie-cutter business. It is a case of fooling some of the people all of the time.

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  8. Thank-you for the comments, it is so good for me to know I am not the only one. I have a huge file against me. After my lawyer got to know me, she realized it is all not true. I had one valid assessment done in 2002 (By valid I mean that the social worker took the time to meet my kids and realistically assess our strengths and weaknesses). My estranged spouse had phoned in on me and that is the first place MCFD goes wrong. They allow people who have a known reason to want to discredit the parent to phone in on them. Then the taxpayer funds the investigation rather than the person who wants the discrediting done. Also, at at time when family law has been changed to be less adversarial, MCFD remains very adversarial and not solution oriented. They are deliberately trying to write a parent up even if they know what they write is not true. If I had not gotten my file, I never would have known. I remember that at the times, I officially had it written in when things went into my file that were not true. But, when a new social worker gets the file, they ignore all that or it is used further against a parent.
    So back to 2002, that report was a fair assessment of my family and I mostly accept it. It did open the flood gates for one individual to know I was MCFD involved and she gave an untrue report that my children were almost hit by a car from my lax supervision. I established at the time, that those were not my children as they were in a school program. It was a teacher at the very school who phoned this in, she knew perfectly well that my kids were in a school run program. I was not even supposed to be there supervising them. Yet this misinformation is repeated over and over again throughout every risk assessment as a sign of risk due to me.
    This all goes unchecked and they do not even take it in when you do check it. I will write more later, but at least there are people who can come to understand how someone who is a sincere and a good mother can get so many files and reports against her. It does not even take that many people in the community as only a couple people have ever disliked me and phoned on me, but MCFD social workers just recycle the misinformation over and over again. My entire file is recycled information. It gets their job done and they can stay in their office, use their computer, then go for a break.

    ReplyDelete
  9. MCFD doesn't "hate" anyone. That would be unprofessional. They have many concurrent clients, their job is to get clients to hate them as it then justifies their services and lengthy involvement. Anger management is usually the first "service".

    Social workers are like a wolf pack, their office is their home and support, so with each removal or successful attempt to get a rise out of parents, they give each other the high-five. Job satisfaction is what it is all about for these misguided individuals.

    The social worker "wanted" me to lose control and start swearing at her, I was incredulous she encouraged it. The real trick is to get them to lose control and get angry so they say things that YOU can use it against them in court. Use tape recorded transcripts to impeach them if they decide to lie on the stand.

    Otherwise the best thing to do is stay dead quiet and cooperate up to the date of protection hearing. If they offer you a supervision order only just before the hearing, you know you have won and can force them to withdraw, because they then cannot get anything more after going through such a trial. You then have that one opportunity to debunk the lies accumulated and have a proper court record.

    Once you follow through to a trial, they won't bother your family again. Obviously this advice is for persecuted parents that are not guilty of abuse.

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  10. Well that is only true for some people. I was innocent and they also did not have much on me, but I agreed to a supervision order as I had no real legal advice. I followed all my conditions, then found out they wanted another supervision order, just because they had not put in the counselling referral on time and considered it on my shoulders. Then the SW was trying very hard to see if I could screw up in some way. An unusual thing happened with one of my kids who needed emergency medical care. They called it my breech and obviously I am smoking mad since I did nothing wrong, but my kids were taken all the same. There is no guarantee that if you go to trial and stay nice, etc. that they won't bother you again.MCFD loves to bother the same people over and over again.

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  11. I think what I meant was you must demonstrate MCFD must pay a very high price if you are prepared to follow through. Agreeing to a supervision order is also giving them permission to take another swipe at your kids. I was also unrepresented.

    ReplyDelete

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