1. Appellant Amalie Baldwin, hereafter Appellant, is the biological mother of the four children presently in custody of the Newton County Division of Family Services. She is filing four separate Notices of Appeal to overturn four separate Orders, dated Sept. 27, 2002, signed by Associate Circuit Court Judge Don Killebrew, which gave custody of these four children to the Newton County Division of Family Services. Case # JU302-243J concerns Henry Baldwin, born April 27, 2001. Case # JU302-244J concerns Johnathan James Baldwin, born February 26, 2000. Case # JU302-245J concerns Helen Deines, born January 29, 2002, the father of whom was Appellant’s first husband, now divorced. Case # JU302-246J concerns Malachi Adam Deines, born March 7, 1998. These cases are consecutively numbered, and the facts in all of these cases are the same, so therefore Appellant thinks that a common brief statement concerning all these cases is in order for the sake of economy. Appellant as the biological parent of all four children brings forth this Notice of Appeal to set aside Judge Killebrew’s Orders of Sept. 27, 2002 taking away all of her children and putting them in the custody of the Newton County Division of Family Services. Each separate Notice of Appeal shall have a different copy of the Order attached concerning each of the four children, but with this same Statement Concerning each Case. Brief Statement Concerning This Case
2. The child Malachi Adam (commonly known as ‘Adam’) Deines injured his lower lip by sliding into a wooden or plastic toy after throwing a tantrum for being spanked for a minor infraction of playing at drilling holes through the walls of his bedroom with his younger brother’s toy drill the evening of Sept. 25, 2002. The oldest child, Helen Deines, was taken to the Neosho hospital to have her tonsils checked out that very night, Sept. 25, 2002, and the scrape on Malachi Adam’s lip was not deemed of serious importance to spend the taxpayer’s money on as all children are on Medicaid, as well as food stamps, welfare, and the oldest two, Helen and Adam Deines, occasionally get child support payments from Appellant’s first husband funneled through the Division of Family Services (DFS).
3. The soonest Petitioner knew that the Division of Family Services was involved was when they, Granby Police Chief Jason Burns, Newton County Sheriff’s Deputies, and DFS case workers arrived at her house shortly after 12:10 p.m. on Sept. 26, 2002 to remove the two youngest children, Johnathan James and Henry Baldwin, too young to be in school. All that was presented was a barely legible "Authorization to Provide Alternative Care" by one Jason Burns, Granby Chief of Police. It claimed that Adam had claimed that his stepfather, James Baldwin, had kicked him in the head and side and that all the other children were kicked and abused as well. Under color of Revised Missouri Statutes (RSMo) § 210.125, Granby Police Chief Jason Burns filed a malicious, perjurous, and false complaint that he had "reasonable cause to believe that a child is in imminent danger of suffering serious physical harm or a threat to life as a result of abuse or neglect and such person has reasonable cause to believe the harm or threat to life may occur before a juvenile court could issue a temporary protective custody order or before a juvenile officer could take the child into protective custody, the police officer, law enforcement official or physician may take or retain temporary protective custody of the child without the consent of the child's parents, guardian or others legally responsible for his care." [Exact language of RSMo § 210.125(2)] The Division of Family Services personnel are forbidden by RSMo § 210.125(3) "In no event shall an employee of the division, acting upon his own, remove a child under the provisions of this act" from engaging in such a barbaric practice of ‘legally’ kidnapping children. For some reason, the Division of Family Services prevailed upon a Granby police officer to perjure himself and file a false complaint which made this act of kidnapping superficially ‘legal.’
4. In no cases have any of the other children other than Malachi Adam Deines had any marks or bruises upon them. After meetings with the Division of Family Services people, there is no evidence of anything other than a cut lip, although the DFS people claim that they can see bruises on Adam which are not apparent to anyone else, and which couldn’t be caused by a kick from an adult in any case. The DFS refused to have a doctor’s evaluation on any child at least four days after taking these children on Sept 26, 2002, as was admitted on Sept. 30, 2002 at the 72-hour ‘set- down’ meeting between family members and the DFS and law enforcement at 10:00 a.m. Sept. 30, 2002.
5. The DFS seems to hold the position that now that it has custody of Appellant’s four children, no matter how fraudulently obtained, that it shall return the children at an unspecified date when Appellant proceeds to clean up her house, and gets into the proper mothering habits of getting up with the children at 7:00 a.m., cooking breakfast for all four children, seeing the oldest two from her house onto their respective school buses, not lay abed all afternoon in her underwear, and generally conform to the specifications of what the Newton County DFS expect a "welfare mom" to behave. And they want Appellant’s husband, James Baldwin, to gain and keep a paying job in the private sector. Appellant has certainly been provided incentive to jump through whatever hoops DFS imposes as a condition for returning the hostages the past ten days. However, this Notice of Appeal is based upon questioning the inherent lawfulness and the abuse of discretion of Judge Killebrew, as well as the Granby Police and Newton County DFS in misusing the provisions of RSMo § 210.125 to make a fraudulent life-or-death ‘emergency’ of what really was nothing more than a difference of opinion concerning Appellant’s housekeeping arrangements.
6. Judge Killebrew, in all of his rubber-stamped Orders of Sept. 27, 2002, after claiming that an ‘emergency’ exists, admits "and reasonable efforts to prevent the placement of the child were not met, but the agency is now making efforts to return the child to the home." [Appellant’s emphasis.] See relevant ORDER. What Judge Killebrew is admitting is that neither DFS nor Judge Killebrew wished to place custody of Appellant’s children into the care of their grandparents who live directly across the small street at 338 Rabbit Track Road in Granby, Missouri and whose telephone, washing machine, cable TV, computer equipment and kitchen facilities Appellant uses every day to help Appellant take care of her numerous small children since each of them were born. Appellant notes that these long-term caregivers, who have patiently and lovingly cared for these children, even when Appellant left the older two, Helen and Adam, in their care for six months before Appellant settled down with her second husband and had the last two children, were not considered for placement, but instead delivered into foster care at the expense of the taxpayers for an amount for only one child which exceeds that which Appellant gets for all four the entire month.
7. Appellant seeks to have the Missouri Court of Appeals overturn the Orders of Judge Killebrew on Sept. 27, 2002 giving custody of her four children to the Division of Family Services, plus any other equity that the Missouri Court of Appeals grants in equity so as to prevent this legalized kidnapping from ever happening again.
____________________________ A copy of the four separate Notices of Appeal and this identical Brief Statement concerning this Case relevant to all four cases -- # JU302-243J, # JU302-244J, # JU302-245J, and # JU302-246J was delivered/mailed on Oct. 7, 2002 to the Newton County Division of Family Services at their Juvenile Office at 107 North Jefferson, Neosho, Missouri 64844 and their attorney which is the Newton County Prosecuting Attorney, Newton County Courthouse, Neosho, Missouri 64844.
Amalie Baldwin, Appellant
337 Rabbit Track Road,
Granby Missouri 64844
(417) 472-6901.
Certificate of Service
.Notes and Commentary
1. This "Brief" Statement concerning the cause for the Notice of Appeal is designed to show the cause for an appeal. The circuit clerk didn't really wish to file this because the Kort System prefers to have the defendant already tried, condemned and about to be hanged before they give him a window of 10 days to be hanged. However, I pointed out that Amalie was contesting a "final order & judgment" by Judge Killebrew which removed her children under color of 'emergency' and gave them into the custody of the Newton County Division of Family Services, which condition is permanent for now. Thus this order 'legalized' kidnapping for the purpose of forcing Amalie to pick up her house under color of an emergency situation.Thus the decision as to whether or not to hear this appeal is a function of the Missouri Court of Appeals, Southern District, and not of Judge Killebrew or the local circuit kort clerks. Thus seeing my point, and not wishing to be accused of hindering due process of law, the clerk had Amalie sign the particular papers, and, though we quibbled about what a "Brief" statement was, allowed the above to be attached to the official Notice of Appeal form. The clerk is supposed to send a copy to the DFS people, the Newton County Prosecuting Attorney, and the Missouri Court of Appeals, Southern District.
There are four different Orders being appealed. The reason for there being four orders, one for each child as opposed to being one for all four children, is that if one of the children were to reach majority age, or die of natural or DFS causes, then the entire file doesn't have to be changed over. Our decaying multi-culti mighty Evil Empire has perfected chattel slavery to a fine art.
Plus, if a family is working and above the 'ofishul' poverty level, then in order to get their children back, it would cost a separate filing fee, as of now, $50 each, to file these Notices of Appeal, meaning that the System and its legal vultures get fattened more than four times as much as if the entire attempt to overcome a combined legal kidnapping of four children, well under 18 years, if such were rolled up into one bundle. It's like having a particularly evil Serpent deciding that for the ultimate in inflicting anguish upon foolish, ignorant, and usually indolent parents unable to protect even one of their children from parasites and predators, that a policy of gulping down four children one at a time is far preferable. I liken this Serpent System, the USA -- Under Satan's Administration -- to showing that democracy is rule by millions of degenerate tyrants as opposed to by one, all doing the work of their daddy, Satan. It is for good reason that when Satan offered Christ rulership of the entire world if only Christ would worship Satan as god that Christ had far more sense than to idiotically claim that Satan didn't own and rule the entire world already. See Matthew 4:8-10.
The court clerk left me with the dodge that it would be Judge Killebrew who could deny Amalie's in forma pauperis status to file as an indigent. I explained to the clerk that there was no doubt that Amalie is an indigent. As a welfare mom who had her children taken away, and thus almost all of the welfare money, that if she was poor before the legalized kidnapping then she was most certainly even more the poorer in material terms after the legalized kidnapping. Judge Killebrew refusing to allow judicial review of his final orders would simply be adding more of a stigma of overt corruption to the already stinking mess. Far better to let it go to the Missouri Court of Appeals to rubberstamp Killebrew's misconduct just as Killebrew rubberstamped the 'legalized' kidnapping by the Division of Family Services.
Now Amalie of course didn't appreciate the byplay between myself and the clerk. She signed where I bade her sign and whined that she had to sign so many papers. I told her that she wouldn't find any legal weasel to fight over a mere peanut on behalf of her children like I had done. It cost me 250 sheets of laser-printer computer copy and five hours of legal research and writing to build this little speed-bump to legal kidnapping which might not amount to more than a fart in a whirlwind. Most people and almost all of the degenerate lemmings infesting the surface of this former country calling itself America don't give a shit for their own children, much less the children of others. So she and James got into the elevator where I caught up with them to give a copy of the filing to the Newton County Prosecutor's Office on the third floor of the korthouse. Then we delivered a copy to the Juvenile Office at the Korthouse Annex as well. And then Amalie and James got to go to Walmart once they had done as they were told.
Upon much prayer, I have figured out that the only thing I can do is to keep pressure on the Beast until they get incomfortable to disgorge my grandchildren. I don't have to tell Amalie to suck up to the System and pretend that she will perform to their demands like a cut dog jumping to hoops if only the Beast will return her children. I am sure that she will perform as long as DFS is looking. As to whether she will change life-long habits, I am agnostic on that matter. Perhaps if I raise the hue&cry then the Serpent will eat the little people who have neither the wit nor the will to do anything other than what the Beast demands at will. Such is life in Amerika where the only defense that the herd animals have is to run and hide and hope that the Beast shall kill and devour somebody else -- all while yapping about what a wonderful System under which they live in subjection.
.
Martin 'Mad Dog' Lindstedt
Libertarian Candidate for Presiding Commissioner of Newton County
.