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You may remember that last fall, our home was subjected to a forced extraction of 15 children who had been placed under our care. As an apparent tactic to force us to stand aside as the children under our care were improperly removed, an order for our arrest, and 6 month restriction on our ability to leave the country, were included in the action.
The children were part of 46 children who were removed from a home in Antigua last August called Casa Quivira. We were asked to care for 22 of the children, as part of the network of charitable homes and courts who deal with children at risk.
We certainly didn’t need the headache that came with receiving children in a very publicized case, but received the children as we do all: with their welfare as our first priority. That has been our attitude throughout the proceedings.
A little background: When a wrongdoing is suspected involving a child, the first concern is that the child is safe, and then that the situation is investigated. So the children are placed in temporary custody with us (or one of the homes similar to ours). This custody changes only when a definitive resolution is written by the presiding children’s court judge. In 95% of the cases, it is written at the end of a final audience, which follows a preliminary audience that is convened to “determine the facts”. The average time for this double audience process is about a year. The 5% is when the facts of the case are so apparent to all concerned, that the judge makes a definitive decision with the agreement of all involved.
So it was with dismay back in October, that we read the resolution of the children’s court judge after the preliminary hearing, stating paradoxically that no investigation had occurred, and that the cases were free of anomalies. We, as well as the rest of the world, had watched the CNN report that had investigated only one case of the 46. There were questions raised. We had also wondered about dubious parts of the paperwork we, as custodians of the children, were privy to. We felt strongly that in the best interests of the children, and of their future adoptive parents, an honest investigation needed be part of the exoneration. We did not understand the motivation of the judge to short circuit due process. We found out later that the Ministerio Publico, the organization tasked with the investigation of cases such as this, had been frustrated in their attempts to attain pertinent paperwork and identities of the people involved. We learned that information we had, as parties to the care and protection of the children, had been withheld from the investigators. Later, as the MP tried to verify the children’s identities once and for all, and allow the children with clear records join their adoptive parents, this same judge attempted to block them again and again.
So as we read the resolution, we had a crisis of values. We truly believed that the majority of the children would be better off in the homes of the adoptive families waiting for a speedy resolution. But we knew in our guts that there were anomalies. We had also met one of the mothers who was searching for her stolen child, and evidence pointed towards adoptions syndicates. That was heart rending.
So we appealed the ruling. The judge responded by ordering our arrest. Later, after correcting that “grave error” (her words) she then indicted Shyrel in the Adult court system for “disobedience” for not responding to the resolution that we had appealed. This accusation was acted upon, and we appeared before the proper judge and presented our case. THAT IS HOW YOU ARE SUPPOSED TO RESPOND WHEN YOU HAVE BEEN ACCUSED OF A CRIME YOU DO NOT THINK YOU COMMITTED. Shyrel was exonerated. A resolution under appeal cannot be acted upon until the appeal is resolved.
Because of these extreme actions against us by the judge, we asked for an “Antejuicio” which is a request for a repeal of the immunity enjoyed by sitting judges. The idea is that this action strips officials of impunity in their actions. They become like the rest of us: subject to the law.
While the judicial actions AGAINST us came about with lightning speed, our appeal, and antejuicio seemed to have been shelved. Finally, the appeal was heard on the 20th of February. We received the resolution of the appeal hearing last Friday, March 7. The appeals judges agreed with our appeal, and rendered invalid the resolution of the judge.
So, what, you ask, does all this have to do with us today? Well, we went to the Supreme Court as the appellate ruling had been issued. There we were interviewed, and explained the above…and the fact that we continue to receive threats.
http://www.prensalibre.com/pl/2008/marzo/13/226089.html
February, as we all exited the “sala de apelaciones” (appeals court) , the owner of Casa Quivira, sensing, I am sure, the loss of the judicial battle, spoke of getting us. That seemed to jive with cars and people acting oddly in front of our home after the children had left which had reminded us of activity prior to the children’s leaving. We had ascribed it to residual paranoia. We also had received a warning that our bank accounts in the U.S. had been investigated. That would be a discouraging exercise for anyone wanting to sue us!
So our desire today was to try to press upon the Supreme Court that 1) The majority of decisions in courts throughout the land have agreed we have acted properly, and those opposed to us have not. 2) We continue to receive threats from persons connected with this case and judge. 3) Please protect us by removing the protection of one who has demonstrated a will to do us harm.
The bottom line of this legal battle is that we want to continue doing what we came here 11 years ago to do: care for children at risk, and collaborate with all of good will who would do the same.
Meanwhile, the fate of the children involved in this tragic unraveling of deception and lawless behavior is not clear. That is the sad part. These children, who we came to love while in our home, should have been on their way to their new adoptive parents, after verification of what was advertised as a legitimate enterprise. But the investigation was resisted from the beginning. It is now clear why. The real shame is that many of the mothers who had supposedly given their children over to be adopted cannot be found. That makes it hard to verify and allow the child to leave! Other cases involve switched identities. Laws were broken.
In a perfect world, the guilty would be punished, and the innocent allowed to move on with their lives. That would be the U.S. adoptive parents and the children. But throughout this sad world, corruption subverts justice…no…it turns justice upside down and always hurts the innocent. If only a small amnesty could happen for these truly innocent "undocumented persons". But amnesty needs to first have clarity, and the facts are still hidden. Only the orchestrators of this sad charade know where the truth lies. And they are busy these days trying to keep from telling what they know.