I was just in crimnal court and all charges against me was dismissed and the whole case was sealed by the judge. Yet, the family court judge unsealed the case? Can this be done in New York State? This judge is preceding to take my parental rights away, despite the criminal judge throw out the case before it went to grand jury, because it was based sole on hearsay evidence.
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confused on case
- Thread Starter lokistar
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Proserpina
Moderator
Need more info.
Why exactly is the State trying to terminate your parental rights?
Why exactly is the State trying to terminate your parental rights?
reply
The reason why a female teacher assistant molested my daughter and when I tried to press charges they arrested me. In the year long struggle the judge finally throw out the case. Yet, the local police took it to family court and had the judge to look at case and that when he stated he is going to terminate my parental rights based on that arrest. As the police state I am covering up my crime by blaming teacher assistant. The case is based in New York state.
The reason why a female teacher assistant molested my daughter and when I tried to press charges they arrested me. In the year long struggle the judge finally throw out the case. Yet, the local police took it to family court and had the judge to look at case and that when he stated he is going to terminate my parental rights based on that arrest. As the police state I am covering up my crime by blaming teacher assistant. The case is based in New York state.
Proserpina
Moderator
Are CPS involved?
Proserpina
Moderator
So what did CPS' investigation turn up?
The fact I was accused of crime cps has focused their entire case on me. they have ignored doctors or have them lie on stand. The worker has lied so much, that I have stop talking of them. Look on web to see how far they go, as many male accused of this crime is guilty period and there is no investigation only building case. The judge in case has said i am guilty and should be put to death (not kidding). The fact is I am trying to fine out if he can open this sealed case and ewhat type of things go into a sealed court order.
Proserpina
Moderator
Look - CPS has not closed the case and your rights CAN be terminated even if the criminal charge has been tossed.
Yes, the case can be reopened/unsealed.
You need an attorney. Not cooperating with CPS is - at this point, because their investigation appears to be ongoing - probably the worst thing you can do.
(and yes, I'm very much aware of how CPS can get it wrong)
cool and ty, I am still confused as the judge dismissed case becuase it was based on hersay evidnce. The only evidnce CPS has is the fabircated evidnce by the worker and thier court order doctor. That why i am confused as u need clear and convincing evidnce and yet ther is only what one said to other. there no medical evidnce to support case and criminal judge is very concerned they open the case. as a lawyer goes no luck as im not poor enough to get a court appointed one and not rich enough to pay one.
Proserpina
Moderator
You're welcome, lokistar.
Now, a couple of questions which, though they might seem intrusive, may help us help you a little further.
When you say that evidence was fabricated, can you elaborate? What exactly was fabricated?
When the criminal case was closed - do you mean that there was not enough evidence to continue? Was the case actually dismissed?
ok
Hi,
No problem.
When you say that evidence was fabricated, can you elaborate? What exactly was fabricated?
CPS doctor stated on stand that my doctor who been seeing me for 10 years got it wrong. Based on letters from CPS, the arrest and the fact that he and CPS could not get my high school, diploma, military records and other records that I was in fact lying to him and my other doctor. That in his opinion that his diagnosis was the only corrects one.
The Cps worker twisted and distorted our meetings. I tried to submit the recordings of those meetings and told it was not allowed. She also stated that I miss meatings. Yet she only made 10 and did not show up to 8 of them. On stand she stated that I was not home for those meetings. That is why I stop talking to her. Because she twisted it around and the court refuse to allow me to use tapes.
The Cps doctor who seeing my daughter stated the rash she supposed to have was caused by me. Despite the fact she been out of home for 6 months and rash still there and the fact a Florida doctor found a fungus in private area do to the sand she played in and was receiving treatment up here for that fungus.
When the criminal case was closed - do you mean that there was not enough evidence to continue? Was the case actually dismissed?
The case was closed and dismissed do to the fact their was no evidnce for the crime and quote from judge "You can not bring a hearsay evidence( he used a fancy word and had to use that one I ask) to a grand jury. That to even bring charges against this man based on entirely from what the cops says, teacher assistant said and nurse raises question in my mind. As why would a teacher assistant bring a 5 year old into bathroom when she complains that here wee wee hurts. What was her motive and why did she not take her directly to school nurse. Why she stayed in nurse office while the exam going on and where the principle at during the exam. I gave you 5 extensions to answer these questions and so far there is no evidence to convict or bring to trail this man". He then dismissed the case with extreme warning to state attorney office and sealed the file.
Hi,
No problem.
When you say that evidence was fabricated, can you elaborate? What exactly was fabricated?
CPS doctor stated on stand that my doctor who been seeing me for 10 years got it wrong. Based on letters from CPS, the arrest and the fact that he and CPS could not get my high school, diploma, military records and other records that I was in fact lying to him and my other doctor. That in his opinion that his diagnosis was the only corrects one.
The Cps worker twisted and distorted our meetings. I tried to submit the recordings of those meetings and told it was not allowed. She also stated that I miss meatings. Yet she only made 10 and did not show up to 8 of them. On stand she stated that I was not home for those meetings. That is why I stop talking to her. Because she twisted it around and the court refuse to allow me to use tapes.
The Cps doctor who seeing my daughter stated the rash she supposed to have was caused by me. Despite the fact she been out of home for 6 months and rash still there and the fact a Florida doctor found a fungus in private area do to the sand she played in and was receiving treatment up here for that fungus.
When the criminal case was closed - do you mean that there was not enough evidence to continue? Was the case actually dismissed?
The case was closed and dismissed do to the fact their was no evidnce for the crime and quote from judge "You can not bring a hearsay evidence( he used a fancy word and had to use that one I ask) to a grand jury. That to even bring charges against this man based on entirely from what the cops says, teacher assistant said and nurse raises question in my mind. As why would a teacher assistant bring a 5 year old into bathroom when she complains that here wee wee hurts. What was her motive and why did she not take her directly to school nurse. Why she stayed in nurse office while the exam going on and where the principle at during the exam. I gave you 5 extensions to answer these questions and so far there is no evidence to convict or bring to trail this man". He then dismissed the case with extreme warning to state attorney office and sealed the file.
Proserpina
Moderator
This is VERY important - was the case dismissed with prejudice, or not?
Proserpina
Moderator
And CPS has NOT closed the case, correct?
(seriously - you need to beg, borrow, find the money to get an attorney. It seems you're about to lose your child/ren)
(seriously - you need to beg, borrow, find the money to get an attorney. It seems you're about to lose your child/ren)
mo thye have not closed the case and I have tried to fine a way to get a lawyer and look into evrey resource avable to get a lawyer. But not one will take case because of what i was charge with in new york. Yes, I no i will lose case, but was hoping they could not open the criminal case. The reason why is then they could not bring anything but what cps and thier doctors say in court. then I have a chance at appeas.
Proserpina
Moderator
Please don't be under the impression that a family court judge cannot terminate your rights without having to use the information contained in the criminal case - this is NOT true.
It is possible for your rights to be terminated regardless of any criminal complaint - and CPS is free to use the information they have gained, including witness statements, even if the criminal case has been dropped.
It is possible for your rights to be terminated regardless of any criminal complaint - and CPS is free to use the information they have gained, including witness statements, even if the criminal case has been dropped.
reply
Hi, we already figured we would lose kids, when the judge kept the case open. While we don't have lawyer, I did read up on the requirements and procedure for the final case. The laws are quite clear on the state burden and the reason why they want the police, nurse and teacher assistant involved in case. While its entirely based on hearsay. The judge will use it to terminate our rights. As he already refused to allow me to speak in court or bring witness, after I tried to prove the cps lady was lying to court. That was the nail that confirmed that we will lose the kids.
That why I was trying to figure out if they could use the sealed case in family court. It seems now can open that case and makes the appeal a lot harder. As the Supreme Court here side heavy with judges and going to take a second appeal to get kids back.
Thank you for info.
Hi, we already figured we would lose kids, when the judge kept the case open. While we don't have lawyer, I did read up on the requirements and procedure for the final case. The laws are quite clear on the state burden and the reason why they want the police, nurse and teacher assistant involved in case. While its entirely based on hearsay. The judge will use it to terminate our rights. As he already refused to allow me to speak in court or bring witness, after I tried to prove the cps lady was lying to court. That was the nail that confirmed that we will lose the kids.
That why I was trying to figure out if they could use the sealed case in family court. It seems now can open that case and makes the appeal a lot harder. As the Supreme Court here side heavy with judges and going to take a second appeal to get kids back.
Thank you for info.
ty
Hi ty,
I will look into those web sights. I now understand why the two women who molested my daughter got away with what they did and why everyone protecting these women. Money a powerful motive and by allowing them to stay in school to continue to molest girls allows them more case.
God bless you
Hi ty,
I will look into those web sights. I now understand why the two women who molested my daughter got away with what they did and why everyone protecting these women. Money a powerful motive and by allowing them to stay in school to continue to molest girls allows them more case.
God bless you
army judge
Super Moderator
Giggle, giggle, giggle: failed!
That's odd, it failed the giggle test.
How can that be?
Sent from my iPhone using Tapatalk
That's odd, it failed the giggle test.
How can that be?
Sent from my iPhone using Tapatalk
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