Using taxpayer funds, government officials in Orange County have spent the last 16 years arguing the most absurd legal proposition in the entire nation: How could social workers have known it was wrong to lie, falsify records and hide exculpatory evidence in 2000 so that a judge would forcibly take two young daughters from their mother for six-and-a-half years? From the you-can't-make-up-this-crap file, county officials are paying Lynberg & Watkins, a private Southern California law firm specializing in defending cops in excessive force lawsuits, untold sums to claim the social workers couldn't have "clearly" known that dishonesty wasn't acceptable in court and, as a back up, even if they did know, they should enjoy immunity for their misdeeds because they were government employees. A panel at the U.S. District Court of Appeals for the Ninth Circuit ruled on Orange County's appeal of federal judge Josephine L. Staton's refusal last year to grant immunity to the bureaucrats in Preslie Hardwick v. County of Orange, a lawsuit seeking millions of dollars in damages. In short, judges Stephen S. Trott, John B. Owens and Michelle T. Friedland were not amused. They affirmed Staton's decision.
The American Academy of Pediatrics recently published a study comparing "mental and physical health outcomes of children placed in foster care to outcomes of children not placed in foster care." The study claims to be the first of its kind looking specifically at these health outcomes. Similar to other past studies looking at outcomes comparing foster children to those not placed in foster care, the results of this new study were predictable: "We find that children in foster care are in poor mental and physical health relative to children in the general population, children across specific family types, and children in economically disadvantaged families... Children in foster care are a vulnerable population in poor health, partially as a result of their early life circumstances."
A South Florida business owner recently received a visit from a CPS social worker and police officer at his place of business. A former disgruntled employee had allegedly called a child abuse hotline to complain that the business owner was abusing his children by "doing drugs, narcotics, in front of his children." The social worker and police officer were apparently trying to get access to the man's children to take custody of them. The business owner asked the officer if he had a warrant, and if he was under arrest. When the officer answered "no" to both questions, he stated that they did not have permission to enter his private business (a Call Center), and that he was not going to answer any questions. He offered to let them talk to his attorney. They refused, and forced their way into his business anyway. When back up police arrived, they assaulted the man and threw him to floor inside his own place of business, handcuffed him, and took him away. They probably did not realize that this business owner also maintains Facebook Page called "South Florida Copwatch" which documents police abuse of power. The entire incident was captured on video, and posted to his Facebook page.
A woman identifying herself as Debora HOLCHIN has contacted Health Impact News stating that Judge Nancy Vernon has ordered that all photos and Internet stories about the Byler children in Pennsylvania are to be removed. Our original story was published on December 11, 2016. Ms. Holchin also supplied MedicalKidnap.com with a copy of the alleged court order. Elizabeth Mason is apparently the name of the former Amish mother before marrying her current husband, Rudy Byler. Debora HOLCHIN is also apparently the woman referred to as "Betsy" in the original story. She stated to Health Impact News/MedicalKidnap.com: "This is a FALSE STORY. She was given a court order to get all of this off the internet Story & pictures it has also been turned over to the DA"s office... [sic]" Health Impact News has a healthy respect for the 1st Amendment of the Constitution, and the protected right to freedom of the press and freedom of speech.
For the first time, a New York appellate court has ruled that evidence once used to convict people in shaken-baby cases may no longer be scientifically valid. The ruling, which came in the case of René Bailey, a Greece woman convicted of causing the death of a child in 2001, has implications for a number of other people in state prisons for shaken-baby offenses. In this area alone, several dozen people have been convicted of murder or assault in such cases. The appeals court decision, released Thursday, changes the legal landscape in New York for alleged shaken baby cases, said Brian Shiffrin, a local appellate lawyer who was not involved in the case. “It makes it both easier for defense attorneys to argue the science and it puts the burden back on prosecutors to show there is evidence to support the theory of shaken baby syndrome,” said Shiffrin, who has handled appeals of shaken-baby convictions.
An Idaho mother has lost custody of her two children due to her state's strict laws regarding marijuana, where it is not legal even for medical purposes for physicians to prescribe. Kelsey Osborne, 23, has lost custody of her two young children, son Ryker and daughter Madyson aged two and three respectively, to state Child Protective Services (CPS). Both children were removed even though only Madyson was allegedly treated with cannabis during a horrific seizure episode. Her seizures were allegedly the result of withdrawal side effects from getting off of Risperdal, an anti-psychotic drug. Kelsey now faces the charge of “causing injury to a child.”
The diagnosis of "shaken baby syndrome" has previously been questioned both medically and legally. Now comes the SBU and Smers investigative report that argues that the evidence of skakvåld does not measure up. The Swedish Council on Technology and Social Evaluation and the National Medical Ethics have jointly investigated the scientific basis for the diagnosis skakvåld to infants or in English "shaken baby syndrome". After reviewing the scientific literature, explains the SBU and Smers report, there is not sufficient scientific evidence to establish that the typical damage is certainly caused by skakvåld.
Earlier this year Health Impact News reported how the British General Medical Council (GMC) erased Dr. Waney Squier’s name from the medical register, effectively removing her license to practice medicine and ending her medical career. Known as the UK’s leading scientist in the field of pediatric neuropathology and having worked as a consultant at the John Radcliffe Hospital for 32 years, Dr. Squier's crime was that she found the medical diagnosis of "Shaken Baby Syndrome" (SBS) to be "rubbish" and without scientific merit. The diagnosis of SBS has been used in many courts to convict innocent parents of abusing their children by shaking them, and many of these convictions are now being overturned in the United States. According to the BBC, over 350 doctors, scientists and lawyers questioning the decision to remove Dr. Squier’s medical license have written a letter of support to the British Medical Journal. Dr. Squier's appeal to be put back on the register and be allowed to practice medicine again started this week.
Arkansas Senator Writes to DHS “The Gloves are About to Come Off” as Cover-up in Stanley Case is Discovered
Local mainstream media in Arkansas is reporting that Arkansas Senator Alan Clark has obtained an email from Arkansas Department of Children and Family Services (DCFS) regarding the Stanley Family case that was originally withheld from the legislative oversight committee he co-chairs. Clark calls the email the "smoking gun" in the departments attempt to conceal information during the investigation of the removal of the seven Stanley children last year. In the email, a social worker writes: "From reports, the search warrant did not find anything that would constitute the children being severely maltreated. It appears to me that the only thing this family has done is not conform to modern society and how certain government officials feel they should be living." Senator Clark issued a public statement on his Facebook Page where he stated: "The gloves are about to come off and EVERYONE that has stood in the way of getting to the truth and is currently impeding progress on this front can expect to be exposed."
Florida Man That has Served more than 20 Years in Prison for Shaken Baby Syndrome Appeals for New Trial
More than two decades into a 70-year sentence, Jim Duncan maintains his innocence. The central Florida man is serving time for aggravated child abuse. He was convicted of the crime after he and his wife brought their infant son Kody to the emergency room when they noticed he was in pain and not using the left side of his body. The doctor found 13 broken bones and a skull fracture in his X-rays, but no bruises. He called the police. "I am innocent," Duncan told CNN's Jean Casarez. "I did not harm my son." Duncan is hoping a new lawyer, and new medical science, will end his nightmare and bring him home. His lawyer is taking his case to the 2nd District Court of Appeals in Florida next week, and he is hoping for a new trial. Illinois radiologist Dr. David Ayoub said he believes Kody had infantile rickets, a disease of early life in which bones do not mineralize properly. Ayoub said he believes this led Koby to develop metabolic bone disease, causing Kody's bones to be very fragile. With that diagnosis, Florida Defense Attorney Lisabeth Fryer is working to get Duncan's conviction overturned.