Affidavit of facts
On December 24th of 2008, I received a call from this lady and this made me very uneasy, as it said LA County DCFS right on the caller ID and she also introduced herself as "Denise Sherman from Children's Protective Services". They then talked on the phone in Yiddish or Hebrew, both which I am not familiar with. Once they hung up, I immediately begin to question this friend whom explains to me that this is the woman who helps him bring his children from Chili over here every year. He tells me not to worry and that I would be meeting her shortly as she called to "score some weed". We got into the red truck that Mr. Carvajal's mother was renting for him as he could not rent one due to the fact that he has no drivers license due to several DUIs on his driving record. We went to Reseda Discount Caregivers where Mr. Carvajal went in to make a purchase with the money that Ms. Sherman had given to him in the cab of the truck. He came back out and gave her an eighth of marijuana he had purchased for her. We rushed off as she was late for the cruise she was taking that was leaving that day. They dropped us off at the friends that we were to spend Christmas Eve with and we said goodbye.
On January 16th of 2009 Ruben Carvajal had became a big abusive drunk and was causing undo hardship upon my family, so I kicked him out. Well, he left quick, but then took his time leaving collecting his belongings.
Between January 18th and February 16th of 2009Mr. Carvajal would come and remove a couple of items at a time. He then arrived one day and went through the closet and started to demand to know what we had done with "it". They it was an envelope that he claimed to have hidden, and not taken on his last to visits to collect his belongs, that supposedly contained 1500 dollars! He went on to ad that we were no responsible for it and that if we did not come up with his money, then "I will take what is yours". He then started to call and ask if we had come up with his money and every time would threaten to "call Children's Protective Services" on us. He sent one of his henchmen one time as well whom terrorized my wife as I was not at home and she refused to open the door without my presence in the house.
On February 19th of 2009 Ms. Denise Sherman was at the call box of my apartment complex. Having forgotten all about this woman, I rushed to let her in. We spent the whole day talking to her about Mr. Ruben D. Carvajal, showing her all of the personal information that he had left behind. My wife DID recognize her, although she was not from where, I on the other hand did not. She called her office and scheduled a TDM for the 25th so they could discuss services with us that would help us out with affordable housing and so forth.
On February 25th of 2009, At the Chatsworth DCFS office we went into a room and several other parties where present, the facilitator came in and was obviously agitated by the fact that we were having this meeting. Kept telling Ms. Sherman that she did not have enough to take us to court and asking her why she was doing this to this family, he even threw up his arms at one point declaring that he would not be part of this and stormed out of the room. Well, we agreed to random drug testing and counseling, all though the only thing found in our system was marijuana, which we had legal papers for. We fought off her and her supervisors character assassination attempts and they did not remove our beloved son .
On March 3rd of 2009, Tuesday Ms. Sherman made an appointment with me to come by in the morning and cancelled it in the afternoon. I said something to her that day on the phone while she was speaking, and she replied with a very stern and angry, "I was talking", which is what clicked in my memory. Later on I was riding the MTA and thinking what I could do to be a better father to my little 'Manny' and why Ruben was not up for false reports and it all came flooding back. I spoke while she was speaking in the cab of the truck on December 24th and received the same response. I remembered her now!
On March 4th of 2009, I called up my friend Mesha, who has had a few run ins with DCFS and told her of the situation. She advised me that all I had to do was call them and advise them that I knew the worker from outside of her relationship with DCFS. I did, but her supervisor was not available, so I spoke with the shift supervisor, Ms. Sonia Polain, and told her that I knew Ms. Denise Sherman from outside relations. She advised me that she was going to advise her that she was not to come out to my house as they were going to assign me to a new worker. She called me back and told me that she had been advised and that I was to call Mr. Tony Kade on the following day to be assigned a new worker.
On March 5th of 2009, Went to the courthouse to try and get a subpoena for the incoming calls to my phone on December 24th of 2008 so I had proof of Ms. Denise Sherman's under handed antics. Well, Ms. Lorain Ramirez called me on my cell and advised me that there was an emergency TDM and that I really need to be in attendance. I advised her that it would take me sometime to get out there as I had someone else's car that I had to return and catch a bus out there. While I was on the bus, I received a frantic call from my wife whom was very upset as the school administrator whom goes by the A.K.A. of Mr. T confronted her and stated that they just took our son away about fifteen minutes ago and demanded to know what it was all about (although the law clearly states that rather then taking time to inflict emotional harm, he should have been on the phone calling both of us while this was happening). I told my wife to get to the DCFS office as quick as possible and I would meet her there. I was now greatly distraught and unable to think clearly anymore and got off at the wrong bus stop. I contacted my wife on her cell and our neighbor was driving her from the DCFS office where they had requested another drug test. They picked me up and we went to the testing site, wrong move. They were closed by the time we were done and our child was in there custody. Ms. Sherman made a lot of false allegations against us and against our other family members so that the child was, instead of as the law now requires, placed into foster case as opposed to being placed with family.
On March 19th of 2009, I had another meeting with another Social Worker who is suppose to be of a different breed, although it has come to be known, she is as filthy as the rest, maybe even more so. Her name is Sheron Maitland and she, supposedly, is an officer of the courts. Well, I told her that I know Ms. Denise Sherman, that Ruben Carvajal had introduced her to me and that this was the vendetta that he had promised. She lied about our whole conversation, and outrageously at that. Stated that I had made claims of going to Las Vegas with Ms. Sherman, that I claimed she traveled to Chili to help Ruben bring his children to the states and then that me and my wife apologized for our statements concerning Ms. Denise Sherman and stated that we did not know her and that we made it all up. This woman is a master of all lies, and she has more power then a regular social worker as she is the one responsible for investigating if the social workers claims are valid! She tried to say that I said that the aunt was mentally unstable, but like the rest of the story that they told, it simply was not true. Even the statements I made regaurding the false statements were inaccurately record and just totally untrue.
On March 31st of 2009, Ms. Maitland visited Anatola Avenue Elementary School and had a conversation with our son. She wrote at "LAST MIUTE" INFORMATION report that is just really poor fiction! It is this paper that Ms. Maitland wrote that pushed me in the decision to appeal the case. That and the fact that it was this document in particular that made it so important that she make sure that my DUE PROCESS rights were totally violated so that these outrageous lies were entered into court as true and uncontested lest she perjure herself. She claims that Manny told her that I took Manny to outrageous parties where people were throwing champagne bottles against the wall until someone was injured. She then adds that she asked him how he knew that it was champagne and he said ( now get this, he is smart, but in first grade and spelling is not his top strength ) that he read it on the bottle and sounded it out. She then claims that he spelled out champagne to her and that he did it correctly. She then goes on to added that Manny, who has VERY rarely done anything to merit a swat on the behind with a hand, stated that when he is really bad, we beat him with a shoe or a belt. She also claimed that we smoke cigarettes and cigars in the house in his presence and suggests marijuana, which we never do any of the three in the house with him present. She also claimed that he stated that we fed him cereal four or five times a day, another lie. I am not saying that my son lied to the Dependency Investigator, the Dependency Investigator straight out lied about what my son had reported to her. I know this is a fact for several reasons, but the main one is directly from my son Manny. Upon his return home, I found it necessary to inquire about his care and wellbeing while out of the home. I asked him, "Were the foster parents nice to you, did anyone hurt you while you were there"? "No", he replied, "they were very nice to me, they really liked me". Then I asked him, "Were the social workers nice to you, did any of them threaten you in anyway"? He immediately replied "There is something wrong with them, they are so stupid they don't understand me and I had to keep telling them over and over, only with there hand". So now my son has been grilled, interrogated by the very people who are suppose to be protecting the children. What was the next step, water boarding? Now who do I report Ms. Maitland too for harassing my son?
On April 14th of 2009, we were all hyped up for our day in court, brought two witnesses, had Manny with us and we were anxiously awaiting or chance to testify and for the truth to finally be told. Again, Mr. Ben Curley had no interest in the truth being told, only concerned with a clean drug test. He had to call the labs to get them, as the Department of Children and Family Services were hiding them. We had been trying to get them ourselves as we knew we had to have two clean test by now and should have unmonitored visits. But our public defenders had to call to the labs to do what the social workers were supposed to have done. Not only that, but they were claiming that my wife had missed a drug test, but of course we had proof of all of the drug tests being attended, All of this was minor though, compared to the other proof that never got entered as evidence, the testimony that was kept out by the same kind of corruption that the good attorney Richard Fine was imprisoned for fighting. They kept offering us different deals with the prosecution; we kept refusing to deal with the prosecution and were waiting for our son to testify so that these lies were finally exposed. Ms. Maitland was noticeable nervous as were unwilling to deal, so they made a deal behind our backs. The only person to take the stand was me and the only thing I did there was enter three pictures of our apartment I had taken into evidence. So now that our right to due process was destroyed and we were in a trail not much different then the Jews found themselves in at the beginning of the holocaust, Ms. Maitland's bad fiction became a fact on the records.
On April 21st of 2009, we had another TDM, they could not push anything on us and they didn't. Ms. Maitland had to comment on how hard it was to get a deal for us so she could spare us from a trail.
Los Angeles County Department of Child and Family Services is committing federal offenses by;
Title 18, U.S.C., Section 241 - Conspiracy Against Rights
Title 18, U.S.C., Section 242 - Deprivation of Rights Under Color of Law
Title 18, U.S.C., Section 1001 - Fraud and False Statements
18 USC Sec. 1203TITLE 18 - CRIMES AND CRIMINAL PROCEDUREPART I - CRIMESCHAPTER 55 – KIDNAPPING
Title 42, U.S.C., Section 14141 - Pattern and Practice
My child had been wrongfully and unlawfully removed from my physical custody without Constitutional due process, or even the pretext of Reasonable Efforts having been offered as mandated by 42 U.S.C. § 671 (a) (15) and 672 (a) (15), which means that his removal meets the definition of KIDNAPPING according to 18 USC Sec. 1203. It was also obvious that the department was also acting in disregard to Amendment No.4909 of 42 U.S.C. § 671 (a) (the COATS (AND WYDEN) AMENDMENT) as the department also concocted stories to block the child from being placed with the maternal aunt. The Judge ordered that the allegations against the Aunt be investigated and if she was suitable to care for our son that he be placed there (Yaa, one small victory!)
On April 14th , Where was the justice????Mr. Curley spent the day coming out of the court room to offer me various deals from the prosecution and I kept telling him "no deals". He told me that my son said to the Dependency Worker that when he was really bad, we would beat him with a shoe or a belt and I told him that this was untrue. He said that the court was going to go on my son's testimony and I told him that this was good. We had our trail, but the only person to testify was me and all I did was enter three pictures into evidence. The Department of Children and Family claimed that Ms. Silva had missed a drug test, but she had the receipt for her attendance in her evidence book. . We also showed our defenders that we had evidence showing that we had a safety plan, that we had been calling the department and that they violated us intentionally, but they did not bring it up in court. They subpoenaed no evidence, no people, called no one to give testimony to their claims or anyone to challenge their claims although we did bring two witnesses to testify and our evidence book, none of it was used.
On June 8th of 2009, Ms. Silva received an email at 11:15pm asking if she would be available to work on a TV. She did not read it at the time it arrived as she had already retired for the evening.
On June 9th of 2009, Ms. Silva took her son to his physician Pejman Salimpour for an ear infection that had been causing him to miss school. She then went and filled the three prescriptions ordered by her sons physician. After that she returned home, cleaned and read her email. She was then visited by the Family Preservation worker named Suzi who helped her load her belongings in her sisters vehicle to go to the Van Nuys Flyaway.
On June 11th of 2009, Ms. Silva received a phone call shortly after arriving at LAX from Francisco Flores to inform her that she had a dirty test since she was a no show and that this would not look good to the judge. She was rather distraught by this statement and came home upset. I wrote Francisco Flores a letter and advised him on how to handle the situation professionally.
On June 12th Mr. Flores called Ms. Silva to advise her that she had to take her make-up test.
On June 25, 2009 Jonathan Cane called to advise Ms. Silva that he was to be her therapist and that he was calling to schedule an appointment. This is an attack on her 5th amendment rights.
On June 26th of 2009, I called Suzi Karapetyan's supervisor and advised her that thse actions were disrupting and detrimental to the functioning of the family unit and therefore was not incompliance with the wording of W.I.C. 300.0-304.7 as it clearly states that any services that the family is offered are to remain as unobtrusive to functioning of the family unit as possible. She was under the impression that the 'Family Preservation' services were court ordered so I faxed her a copy of the minute orders to show her otherwise. I also received a call from Mr. Nino of DCFS advising me that Fransico Flores was very busy and wanted to know if he could stop by this weekend to check on Manny. He is stopping by on Sunday at 10:30am which is very strange. That and the fact that he refused to email me concerning the issue, but I will be ready, video camera and Civil Rights Handbook in hand.
On June 27th of 2009, Mr. Nino refused to be video tapped while interviewing the minor child, so as I had an additional witness here, I did turn off the video camera. I have a bad feeling that I never should have done this, but now only time will tell. A lot of prayer is now needed.
