Judge Giles: “We are talking about a person’s constitutional rights, including liberty”
Channel 7 exposes illegality of Wayne County Juvenile Court practice of rubber-stamping judge’s signature to take children
By Diane Bukowski
Aug. 29, 2011
DETROIT—Thirty-Sixth District Court Judge Ronald Giles today emphatically dismissed all criminal charges against Maryanne Godboldo, who refused to turn her 13-year-old daughter Ariana over to police officers during a 12-hour stand-off at her home March 24. His ruling came at the conclusion of Godboldo’s two-part preliminary exam on numerous felony charges.
“There are two main issues here,” Giles said. “First, the [court] order in and of itself. The order has to do more than look official. We are talking about a person’s constitutional rights including the right to liberty, subjecting them to an order that is grossly inadequate and incorrect. The mistakes on it are numerous as identified by CPS [Child Protective Services] worker Mia Wenk herself. It is ridiculous to go in to remove in this court’s opinion somebody’s children based on THIS order. It does not even express any situation where we have exigent circumstances where it says the child is at risk. There was no imminent threat of death or severe physical harm. Therefore I am going to quash this order and everything thereafter is null and void. It is the fruit of the poisonous tree.”
Giles held an evidentiary hearing on the order prior to the first part of Godboldo’s preliminary exam July 25, but held his ruling in abeyance.
Even if the court did find the order valid, Giles said, “I have no evidence on this record that this defendant discharged that firearm. It could have been either one of the individuals in the house. Therefore this court dismisses all charges.”
Police brought a Special Response Team with assault weapons, armored cars and helicopters to Godboldo’s home on Linwood near Blaine to take Ariana after officers first on the scene claimed they heard a gunshot in the home. Wenk had called 911 to summon police to the scene because she wanted Ariana on a dangerous psychotropic drug, Risperdal.
In a court where at least 95 percent of defendants are bound over to circuit court, many hailed Giles’ ruling as extremely courageous.
An emotional cry rang out from Godboldo’s supporters and dozens followed her outside weeping and hugging her with joy, as she and Ariana’s father Mubarak Hakim linked hands.
“The judge did the right thing, and I had wonderful attorneys beside me, along with my supporters,” Godboldo said. “I thank you all and especially Judge Giles, and I thank the people of Detroit.”
Later, she said, “Ariana was the one who suffered the most in this situation. She was taken from me and abused sexually, physically, emotionally and spiritually. It was five weeks that I lost with my daughter, I couldn’t eat and I couldn’t sleep, but now I have her back am I am able to once again take even better care of her.”
Godboldo told VOD earlier that Ariana has been “her entire life,” ever since her birth.
Godboldo had faced “one count of Discharge of a Weapon in a Dwelling, three counts of Felonious Assault, three counts of Resisting and Obstructing an Officer, and a Felony Firearm count,” charges carrying up to at least eight years in prison. Attorneys Allison Folmar and Byron Pitts represented her on the charges.
“We thank Judge Giles for standing solely on the Constitution and looking solely at the law,” Folmar said outside.
“Maryanne Godboldo has been an upstanding citizen of her community all her life. She has lived at the same address and had the same phone number for 40 years. She had to endure not only the unlawful taking of her child but these criminal charges as well. This sends a message to Detroit Police that when you come to someone’s house you have to be legal. Unfortunately the police department did not know their own policy.”
On July 25, Pitts showed a policy from the DPD manual regarding the service of civil orders to Police Officer Kevin Simpson, who with his partner Thomas Trewhella responded to Wenk’s 911 call. The policy states clearly that is it not the job of the DPS to serve civil orders. Wenk had testified that she wanted a police car there because Ariana needed to be “caged.”
Simpson then admitted police were not performing their proper duties during the stand-off.
Pitts and Folmar both have pointed out that even the Michigan appeals court order currently criminalizing resistance to police officers in the case of unlawful arrests says that the officers must be “in the performance of their duties.”
On Aug. 29, Assistant Prosecutor Lora Weingarden called civilian Deputy Chief Michael Falvo, an attorney, to the stand to counter Simpson’s admission. Falvo said it has been common police practice since the 1970’s to accompany CPS. However, Judge Giles would not agree to Weingarden’s request to admit him as an expert witness, saying that only he as judge can rule on legal matters in his court.
Weingarden then brought up another section of the DPD manual allowing deviance from policies in “rare” instances.
On Pitts’ cross-exam, Falvo admitted that officers must report deviations to their superiors, which had not been done in this case. Pitts pointed out that the manual expressly forbids forcible entry into a house in rare instances where DPD might assist other agencies.
Asst. Wayne County Prosecuting Attorney Maria Miller, spokesperson for Prosecutor Kym Worthy, at first released a statement saying the office was “considering” an appeal.
Shortly afterwards, she said, “He [Judge Giles} ruled that the Juvenile Court order to remove Godboldo’s daughter was not valid. However, Judge Lynne Pierce, Wayne County Third Circuit Court Judge in Family Court, held a lengthy hearing and determined the court order was valid. Judge Giles also ruled that there was insufficient evidence produced to show that the defendant fired a gun at law enforcement authorities. The Wayne County Prosecutor’s Office objected to the Court’s rulings and will appeal the dismissal.”
During the custody hearing before Pierce, a court supervisor testified that it is routine procedure for probation officers to rubber stamp Family Court Chief Judge Leslie Kim Smith’s signature on court orders to remove children, although they have no legal authority to do so. Smith never even sees the documents involved. (For full details on this matter, click on VOD story at http://voiceofdetroit.net/2011/08/03/another-shock-no-judge-authorized-ariana-godboldos-removal/ )
Even Maura Corrigan, appointed as Director of Human Services under Gov. Rick Snyder, recently said “only judges” can authorize CPS’ removal of children. (Click on Maura Corrigan statement to read Corrigan’s statement.)
Roger Farinha, attorney for Ariana’s father Mubarak Hakim, said the criminal court finding will affect the ongoing civil custody case, which is scheduled for another hearing in front of Pierce Sept. 29.
On Aug, 9, a jury found that Ariana should remain under state custody based in part on Pierce’s repeated rulings that the order was a valid court order, despite testimony by court supervisor Vikki Kapanowski testified that three probation officers rubber stamp Family Court Chief Judge Leslie Kim Smith’s signature to child removal documents which never go before the judge.
“We repeatedly asked Judge Pierce to wait until the criminal case was over before allowing introduction of evidence [relating to the stand-off],” Farinha said. Farinha and Attorney Wanda Evans, who represented Hakim and Godboldo in the custody case, argued that testimony from police officers at that hearing would prejudice the jury, since Godboldo would have to take the Fifth Amendment regarding the events of March 24.
“The statute says a judge cannot have probation officers perform her duties,” Farinha said. “The file stamp on the order was not valid, the seal was not valid. We are pursuing appeals of the jury finding and Pierce’s orders.” (See story on appeal shortly to come.)
Weingarten argued that her office had proven that Godboldo fired a gun during the stand-off. However, it came out during the exam July 25 that no evidence technicians were ever called to the scene. Police Officer William Blake, of the Tactical Mobile Unit which backed up the assault team, said he saw a “bullet hole” in the ceiling of the inside stairwell leading to the kitchen, but on cross-exam by Pitts, he admitted he had never reported seeing that bullet hole in his initial CRISNET report, or in a May report to the prosecutor’s office.
Officers testified they found a gun and bullets in the house, but never linked them directly to Godboldo through physical evidence. Wayne County Circuit Court Judge Deborah Thomas, who acted as a mediator during the stand-off and was called as a prosecution witness, testified that Godboldo told her only that “a weapon was discharged” during the stand-off.
No evidence technicians were called to the scene in a timely fashion. On Aug. 9, a unit of “Crime Scene” Detroit police officers with a search warrant came to the home belatedly and jiggled a pen around in a hole in the kitchen door they apparently claimed was a bullet hole. Professor Eric Lambert, chair of Wayne State University’s Department of Criminal Justice, told VOD however that the search was extremely belated and could be subject to challenge in court.
Weingarten never raised the search during the Aug. 29 hearing.
As this article went to press, Godboldo’s supporters held their weekly Monday meeting at 6 p.m. at Hartford Memorial Church, where she and her sister are active members. They vowed to continue the battle against Worthy’s appeal and to return Ariana to her mother’s custody.
MARYANNE GODBOLDO, MUBARAK HAKIM, AND ARIANA GODBOLDO-HAKIM HAVE RECEIVED WORLD-WIDE SUPPORT IN THEIR CASES. VOD READER PORTIA COMMENTED EARLY ON:
“The main problem is ‘the best interests of the child’ was the slogan used by Hitler and his SS in Germany. Said the Fuhrer, “When an opponent declares: ‘I will not come over to your side, I calmly say ‘your child belongs to me already.’ Who are you? You will pass on. Your descendants, however, now stand in the new camp. In a short time they will know nothing but this new community.’”
This sums it all up. Bless those who now support this family, as it could be your family tomorrow.”
The Justice 4 Maryanne Committee’s website is at http://www.justice4maryanne .
Below is Channel 7 reporter Heather Catallo’s excellent report on the unlawfulness of seizing children based on orders signed by probation officers, and never reviewed by a judge. VOICE OF DETROIT broke this story Aug. 8.
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*Thank you to everyone who supported our rally on April 2nd! We raised just over $3,000. However, our work is NOT over!*
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Let’s try that again. The URL is now pasted in the “website” field.
We need ethical Professionals to work with families!!!
God is with Maryanne Godboldo and her family!!!
There is an emergency in the United Stated of America: it appears that crimes are committed everyday by the Department of Human Service of Children’s Protective Services case workers, most of the social workers, supervisors, and directors, practicing under the Color of Law. In most incidents the case workers, social workers and foster care workers are not looking out for the best interest of the children. By tearing these children away from their parents, it can cause severe and irreparable damage to them. As these children get older they are often faced with difficulty bonding with others as well as severe abandonment issues .
Law abiding people have rights that protect them from others who would enslave them or otherwise use them for their own purposes. We the people, bring Children’s Protective Services to the attention of the U. S. Department of Justice and Federal Court for misuse of their power to unlawfully remove or steal our children with distorted information, destruction of evidence, obstruction of justice, false allegations, and refusal to conduct proper investigations. Last but not least, the false psychological diagnoses for children that are wrongly placed in the system leads to continued proliferation of improper ethical practices. I am aware of the neglect and abuse that goes on in the United States with our children in their homes, but I am not referring to these children, yet most of those children too are abused by the system who suppose to protect them. I refer only to children improperly placed in a system that is not designed for them through corrupt investigations.
It appears that most of the Children’s Protective Services workers distorted information, obstruction of justice, and false allegation, which lead to the unlawful removal of Michigan children. (State sanction kidnapping)
Funding for CPS is based on how many children they pull out of the home and place in the System. Maybe around $7, 000 per child from Federal with an equal amount from the State. Total per child removed from the home:
Please view these videos!!!
CPS Kidnaps Children + Holds Them Hostage to Extort Federal Funds, Michigan
Michigan for Parental Rights
Youtube.com http://www.youtube.com/watch?v=BaXINizSj7ECPS Juvenile Family Court Criminal Racket – Lawyers Judges Activists Speak
Youtube.com http://www.youtube.com/watch?v=eaA2ohqTNsQ&feature=related Child Protective Services and Psychological Evaluations
Youtube.com http://www.youtube.com/watch?v=YqQS_wrb03M CPS corruption – finding solutions today
Youtube.com http://www.youtube.com/watch?v=Ry5eSKyZ98g Nancy Scheafer
MPR-Snippet A Non-Custodian Mother Speaks
MPR-Snippet A Non-Custodian Mother Speaks
MPR SNIPPET – Margarete Garcia
MPR SNIPPET – John Tuinstra
detiptv.com 7 days 4 29 11 Roy Godwin Watch CPS corruption
James Roger Brown – Organized Crime Management in Governement …
James Roger Brown. HOW MENTAL HEALTH AND SOCIAL WORK USES LOGICAL FALLACIES …
http://www.thesociologycenter.com/EighthCity/OrgCrime04.html – Cached
Show more results from thesociologycenter.com
Yoube.com http://www.youtube.com/watch?v=nzupy8b1ciA Roxanne Grinage CPS corruption
For those interested, the correct URL for the Justice 4 Maryanne Committee’s web site, mistyped in the article, is .
Diane – thanks so much for posting the info on the call out and continuing to follow this story!
Zyprexa,Risperdal and Seroquel health risk.
Weight gain, increases in triglyceride levels and associated risks for diabetes and cardiovascular disease.
The average weight gain (adults) over the 12 week study period was the highest for Zyprexa—17 pounds.
One in 145 adults died in clinical trials of those taking the antipsychotic drugs Zyprexa. This is Lilly’s # 1 product over $ 4 billion year sales,moreover Eli Lilly also make billions on drugs that treat the diabetes often that has *been caused* by the Zyprexa!
Daniel Haszard Zyprexa victim activist and patient who got diabetes from it.
Title XIX – Targeted Case Management Fraud Scheme:
Now, do the right thing and sue these people into bankruptcy!
Kudos to Judge Giles for making a decision based on law, not emotions. Never give up fighting for justice, Maryanne and family. Your lawyers are doing a great job. Keep it up. And kudos to the author of this article for your outstanding coverage of this case. By exposing the ongoing corruption in our family courts you are not only helping this family, but many, many other families who are now living through this hell or those who will face it down the road. Civil servants who think they are above the law when it comes to “protecting” children are going to be challenged again and again until these illegal practices cease and families can once again live in peace in this country. Our children are not going to be stolen so that others may profit.
Praise God!So glad for you! Thank you for hanging in there and paving the way for others who may yet be thrust into these circumstances. This kind of thing has got to stop and the only way to put an end to it is for people like you to fight and for others to spread the news of it. I agree with Curt–those involved should be sued. Wenk should be charged. I cannot understand how this woman still had a job, enabling her to do this to your family, after doing this to another family last year!
So proud of you and the community that stood with you! I have been covering this continuing saga on my radio show. I hope that you now turn your attention to your daughter and have your lawyers turn their attention to the city, police and that scumbag social worker that set all this in motion! They should all be sued and Wenk should lose everything…including her freedom!
CONGRATULATIONS MARYANNE! I’m glad the right end result came about.
Great job for hanging in there and the way you handled things!