CHRISTIE'S FINAL SUBMISSION installment 7of10 Berhe, Humeny, Glen / 495

New to this? Paul and Zabeth Bayne's 3 children have been in court ordered foster care since Oct 22, 2007. On March 2, 2011 a judge ruled ongoing care for 6 more months (recently altered to 3 months).
Lawyer Doug Christie's final SUBMISSION IN RESPONSE to Finn Jensen's closing summation was delivered on behalf of the Baynes on November 4, 2010. Yesterday you read points 15-17 and today in Christie's own words, it is.... Submissions and Analysis, points 18-20 beginning, "First the testimony of team leader Mr. Berhe Gulbot." This is the seventh installment in a brief series of quotations from this public document. 

For Love and For Justice / Part 111 / Zabeth and Paul Bayne

The Best that Jensen Can Do
Part Two of Two Parts

Following the Hoffman testimonies, Finn Jensen called upon his heavyweights for testimony, Adrienne Glen and Dr. Margaret Colbourne. They represent the concern that arose within the child protection unit of Vancouver Children’s Hospital when Bethany was admitted, examined, tested and treated. Each of these women was doing a specific job to the best of her ability and each I must assume fulfilled her role with integrity. Adrienne, an intake social worker at the hospital, visited and conversed with the Bayne family and medical professionals and wrote timely reports and in the process expressed her opinions, sometimes about the Baynes. Dr. Colbourne, very connected to the Shaken Baby Syndrome theory through involvement with an international SBS organization and committed to the understanding that the presence of the diagnostic triad of (1) retinal bleeding, (2) bleeding in the protective layer of the brain, and (3) brain swelling, is predictably indicative of SBS, made that SBS diagnosis with Bethany in 2007. The testimony of each woman in court affirmed her report from 2007 and each report potentially discredited Paul and Zabeth as normal, concerned and loving parents and implied their responsibility in harming their child and by which Finn Jensen hoped to convince the judge that MCFD has acted from the outset upon accurate and trustworthy data. The snag for Jensen is that Counsel Doug Christie was able to cross examine both witnesses and consequently weaken the import of their testimonies. Glen was compelled to admit that her recorded perceptions that the Baynes spent relatively little time with Bethany in hospital were inaccurate and that they had in fact spent many daily hours in hospital with Bethany. Colbourne’s qualifications as an expert were questioned with regard to an absence of biomechanical training needed to ascertain whether or not Bethany's injuries were accidental or non accidental. Theoretically, Colbourne's SBS diagnosis would benefit greatly from the next witness.

Now came Jensen’s super heavyweight Shaken Baby witness, Dr. Randall Alexander from Florida, who has testified in over 300 similar cases and who was here to assure the court that unquestionably, Bethany’s injuries were the result of shaking. His towering persona began to dissolve when he was forced to admit that he wrote his SBS report on Bethany months before seeing the actual film work on Bethany a day before entering the witness box. He had to admit that he had not read Bethany’s birth records, reports concerning Bethany from area hospitals, or any of the ten experts' reports on Bethany that countered his SBS claim. It was clear to the judge that Alexander’s report had been written with incomplete medical information. What kind of evidence is this?

Most recently Social Worker Loren Humeny testified and was cross examined for almost the equivalent of four days. Under cross-examination Humeny was asked whether the risk assessment was written when he was in an adversarial position with the Baynes, because the MCFD was already seeking a continuing care order on all three Bayne children which the parents opposed. He admitted that the risk assessment was highly subjective and primarily his opinion. Christie stated that it had a dearth of factual evidence. It essentially vilified the Baynes and on the one page customarily assigned to summarize strengths, Humeny noted no strengths for them as individuals, as a couple or as parents, saying he didn’t know them, yet admitted that he had spent many hours with them in meetings. The hundreds of letters of reference in support of the Baynes, he admitted he knew about but had not read. So perhaps he doesn’t know them. Judge Crabtree will have to settle for himself whether that constitutes evidence. And this thus far is the best that Jensen has been able to do with what he has. All of this exchange is in court transcripts.

What seemed so strong, so ominous, is paler now and fragile.

For Love and For Justice / Part 107 / Zabeth and Paul Bayne

LOREN HUMENY – THE MAN TASKED WITH THE BAYNE CASE

Testimony Phase - Graduating with a Bachelor in Social Work, Loren Humeny has been a social worker for ten years and is presently an Intake Investigative Social Worker for the Ministry of Children and Family Development based out of Chilliwack. The Bayne file was his responsibility in collaboration with his supervisor, so he was the author of the report presented to Court. Mr. Humeny was in court to give testimony one week ago on February 2, 2010. At the end of that Tuesday, the cross examination by Bayne lawyer Doug Christie was postponed until Tuesday, February 09, 2010, in order to accommodate the testimonies of Dr. Colbourne and Dr. Randall Alexander both of which took place last week. Yesterday, Tuesday February 9, 2010, Mr. Humeny was back in the witness box for the cross examination portion.

According to Mr. Humeny’s testimony, the child protection unit of VCH (possibly Ms. Glen and/or Dr. Colbourne) alerted his office concerning the injuries to Bethany Bayne in the autumn of 2007. His investigative process included reports by and/ or conversations with Dr. Colbourne; and Vancouver Children’s Hospital social worker, Adrienne Glen, who was a member of the child protection unit; and Pastor Michael Hoffman* and his wife Elizabeth; as well as members of the Bayne extended family and Zabeth and Paul. His primary information sources were Dr. Colbourne and Ms. Glen and he told the court Dr. Colbourne’s opinions, treatment and prognosis. In a meeting on October 31, 2007 Humeny and his supervisor met with Paul and Zabeth, Zabeth’s parents, Zabeth’s sister and her husband and Ruth Hunt (friend) to review what he termed non-accidental injuries based on the medical report. Humeny was assigned to author the application for the Court Order as well as the narrative that supported the application.

He was in attendance together with his supervisor when apprehending the three children initially. Bethany was in hospital from the 19th to the 25th of October 2007 and on October 25, 2007 Bethany was placed in a Chilliwack foster home. No visits to Bethany were allowed to the Baynes during those initial weeks. He spent time with Zabeth Bayne’s parents prior to leaving the boys there with the stipulation that Paul and Zabeth could not be alone with the children in that home. He had numerous conversations with Zabeth during these days and weeks. He looked into sources of ‘collateral’ information about the Baynes. In looking for potential foster/ care homes for the boys should the need arise, Marvin (Surrey Council member) and Ruth Hunt offered their home in August 2008. They are Bayne family friends.

Testimony under Cross Examination – There was discussion about the Risk Assessment of which he is the author. It includes statements against the Baynes by what Humeny calls half a dozen ‘collateral witnesses’ who cannot be disclosed presently. The Risk Assessment also included statements from caregivers of the three children, the medical history from Dr. Colbourne and Humeny’s own findings. When Doug Christie asked why page 35 of the Risk Assessment was left empty, it was learned that this page would have contained a summary of the parents’ strengths. Mr Christie made the point that Mr. Humeny chose not to include comments such as the parents’ dedication and love and commitment to their son Baden during his three month hospital stay due to premature birth; and the commendations from their family doctor on their superior care of the boy during the at home care phase. Mr. Christie asked why Mr. Humeny did not mention some of the 350 visits that the Baynes have made to their children, and that they ask for more visitation opportunity. Mr. Christie queried why Mr. Humeny did not include the mother’s piano teaching experience with children over several years. Still pressed about this omitted page, Mr. Humeny stated that he did not feel that he knew the parents. This didn't wash with Christie because it was pointed out that Humeny had many meetings with the Baynes. Mr. Humeny was reminded that countless letters were written to the Ministry by friends and family and professionals which spoke positively to Paul’s and Zabeth’s home, character, forms of discipline used, interactions with their children, their involvement with others socially and otherwise, and the perceptions of students about Zabeth’s professional instruction. Mr. Humeny acknowledged that he was aware of this mail but he did not read the correspondence saying he did not have the time for it. He had relied upon the ‘collateral witness’ data and when cross examined, it was pointed out by Mr. Christie that that the support letters could have provided at least a balanced view of the Baynes if not call the ‘collateral witness’ data into question. Christie stressed that Humeny's risk assessment was written so obviously from an adversarial position it might be deemed hostile. Mr. Humeny's testimony under cross-examination recommences on Thursday at 9:30 AM at the Chilliwack Court House.

*The CBC News article entitled ‘Surrey Couple Challenge Shaken Baby Allegation’ published Thursday, January 14, 2010 | 2:51 PM PT is found here.