Showing posts with label Going For The B***S. Show all posts
Showing posts with label Going For The B***S. Show all posts

Saturday, February 14, 2015

Going for the B***S, Fini, Reprise - Oh...just one more thing your Honor...



I just thought his honor would like to rule on just one more thing before the termination...don't you?

Enjoy guys!  This one gets filed in BOTH cases.....right after NOW.

COMES NOW Christopher and Elizabeth Bruce in their motion nunc pro tunc to enlarge a finding in the permanancy hearing when the father was dismissed from that case; held on and ruled on; on January 15th, 2015.

1. It was ordered by his Honor on January 13, 2015 that the motion to establish paternity in this case; #237150, as well as for case #238150, where the same motion was filed; would be heard on January 15th, 2015, in the permanency hearing for this case, #237203.

2.  In the hearing, for this case; #237203, that motion was heard and decided first, finding the father to be extraneous to this case, #237203; and an order was issued dismissing the father from that case.

3.  It clearly states, in an order for THAT case; #238150, on January 13th, 2015, that the same motion would be heard for THAT case; #238150, as well.  It was NOT, nor was an order issued with a decision concerning that motion.

4.  This father would seek, as relief, that the motion be considered immediately in that case; #238150; as his Honor so ordered; and issue an order on it before the hearing for that case, #238150, on February 25th, 2015, since his honor ordered the motion to be heard and ruled for that case as well on the 15th of January, this same year; and it was addressed, ruled on, and ordered IMMEDIATELY in this case, #237203.

5.  The father also, as relief, requests that, if the order is the same for that case; #238150 as it is for this case, #237203, why the father hasn’t been dismissed yet in that case, #238150?  If it is to be ruled on that the father remain in that case, #238150, and his right to be there intact, then the father would like his honor to expand on his ruling that the father be removed in this case, #237203, and not in that one; #238150?  Aren’t the reasons the same, that the child only should be identifying with only a single father?  If the father isn’t dismissed in this case, wouldn’t the damage still be in danger of being done to this child’s ability to identify with a single father?

6.  Finally, if the order should be ruled the same, this father would like to know why his being a party to that case was ruled to be his removal from that case, considering the Supreme Court’s decision concerned a party whose rights had been terminated, and this father’s rights are not; and if it is ruled that the father is to remain in this case, why the ruling wouldn’t be the same for the other case; this case; using the same decision as evidence that he be also dismissed as a party?

Pow....Zoom....right in the KISSER...hehe..:D

Sunday, February 8, 2015

Going For The B***S, Fini



OHWOW....I'm sorry kids, it's been a craaaaaaaaazy week.  We just received word that our little stall with the Indians did NOT work, mostly because, even though there is indeed full Cherokee in our child;'s heritage, evidently the great grandmother didn't feel like registering herself or any of her children in the Governments mandatory registration rolls...so we're back to square one.

We have, then, decided to fore go all things termination related, and just shoot right for a shot in this trier of fact's balls....yeah, I said it...SO WHAT?  WHATCHA GONNA DO?

ANYWAY...here is our affidavit...be sure and read to the end, even though the body contains more of the same crap, you're gonna really like where it ends up (snickers):  This will, naturally, be filed in the court for all to see, immediately:

Now comes ELIZABETH BRUCE in her affidavit

1.  My child was removed from my care on 7/21/14 due to lack of bond with my child (as well as with the legal father’s lack of bond); and my husband and I’s alleged inability to care for an infant in addition to failure to provide adequate supervision.

a. There were no REASONABLE EFFORTS provided to my husband and
in order to help us keep our child in our home before Iowa DHS removed
her.

b. The services provided to reunify our family, as REASONABLE
EFFORTS, were not useful or reasonable because they had nothing to do
with our situation.

2. Concerning THE Reasonable effort this court listed (after the removal hearing), then called IT (a reasonable EFFORT, singular); reasonable effort(S) made;

a.   DHS failed to provide a house/apartment for the baby and parents at a time when the parents had no income and were forced to live separately.

b.   DHS did not offer to expedite the application for FIP that we had applied for, denying us the very help we needed during this time of temporary unemployment for both parents.

c.   The only “reasonable” effort DHS supposedly made prior to the removal (and this was NOT listed or recognized as such, until the order came from the removal hearing) was to get the mother’s consent to make her and the baby stay at Methodist, using false information to keep her there the whole weekend (even though she had thought to be gone only an hour or two, according to what the workers told her) until, as stated in the doctor’s discharge plan for the baby; so that “DHS could find a home in which to place her”, without both proof of the allegations made as yet (or ever), and without a court order, which is allowed, per Iowa Code (amongst other things it has recently begun allowing).  This effort to prevent or eliminate the removal wasn’t reasonable to anyone, let alone these parents; in the situation they were in at the time; and would not be to anyone except those trying to kidnap our daughter for the purposes of adoption.The legal and rightful father, at the time of this affidavit, who has had his rights terminated even before this is officially done, and not allowed to participate in this hearing, will have, as of the time this court receives it, posted this document to everyone on the list to follow, as well as on his blog; and THEN will I file this document with the court system of Des Moines, Iowa; making it impossible, due to the posting and mailing of this document to the others to be mentioned PRIOR TO filing it with the court, will, because of the date and time stamps provided, both by emails and as postmarks on the letters delivered; to deem as confidential, and excluded as the crime defined in Iowa Code in publishing confidential court documents in a juvenile proceeding.

4.  This document, relating to the most hated phrase in our home “Reasonable Efforts Made”, will be our last testament...in this case, and in my life, relating to our daughter, where this matter is concerned.  I wish to hear no more about it, until this judge recuses this case due to his bias; whether about my color of skin or about my socio-economic status matters not, only that this is so obviously so.  Therefore, the time for “borderline threats” and wondering if all or any of this applies to you is over.  Here, is where I intend to make it known once and for all, who this list pertains to, and that, once on this list, you are either to be the recipient of information concerning this case, or the person who will be paying for it with your job...and that’s final.  Sounds pretty simple doesn’t it?  It is.

5.  Here is where we make our final stand.  We will, of course, be attending a few more hearings; one for the assessment appeal, which will be asked to be expedited to take place immediately, instead of two months from now, after our rights are to be terminated.  After we clear our names (and records) in this; it should be time to address the appeal to the Permanency hearing.  This one promises to be a winner as well.  Lastly, we should be closing up the termination case, although this could take longer than expected, due to the attorney for the biological father asking for a continuance.  I highly doubt that his honor will grant this continuance, due to his bias, but then, this would be of absolutely no surprise to these defendants, considering the massive list of serious felonious infractions this judge has already committed.  Let’s get this started then, shall we?

6.  First, I fully back up only this fact:  That on July 21 of this past year, 2014, CPS worker SW4 Emily Nieman and SW0 Amanda Barton brought DHS/CPS, the trier-of-fact, William A. Price, and all members of this court action into our lives, for no reason, with no grounds and no proof of allegations made against us by a lunatic woman and her puppy dog husband; as they were fleeing the state, in order to escape charges of harassment that had been filed against them by the defendants; and in retribution, after we had asked of them only to find other living arrangements in order to facilitate the safe return of the mother and her newly born baby to her new home, without stress.

7.  They refused, then caused a scene.  We had to forcibly have them removed.  Their revenge on these parents was a single phone call to DHS, and they were never heard from again; nor were they able to be contacted to confirm these allegations.  Ms. Nieman, due to these allegations, then interviewed us about this for exactly one hour, asked of us to please take a drug test to alleviate the charge of drug use and drug dealing, then left our home at around 5 p.m, and informing the parents as she did, that she believed our story; and that the actions taken by the reporter where out of vindictiveness, obviously, and the matter unfounded.  Later, Ms. Nieman would claim that the child named herein was in some sort of imminent danger of her life, yet Ms. Nieman left this child in our care, as well as the alleged “imminent danger” the child was supposedly in.  This fact alone shows this child to have NEVER been in imminent danger, for the child, who had been held almost throughout the entire interview by the other CPS social worker for the entire time, was then left in our care after her return to the arms of the mother, for the next 17 hours.  This action, alone, by this social worker, should have immediately labeled her as deceptive; and was, in and of itself, the first of many times this worker would later contradict herself, in the assessment and on the stand, under oath.

8.  Then these two social workers returned to the parent’s home (after this father had left); 17 hours later.   They prodded the mother to come with them to a pediatrics appointment they had made at Methodist (which any person might believe would only be for an hour or two) had her checked out by an initial emergency doctor (Dr. Jill Jasper), and found the baby to be wonderfully healthy....but in the middle of the whole thing, she states that the baby appears to be starving, because she’s sucking vigorously on anything that comes near her mouth...and yet Methodist, on their website, states this to be an inherent reflex babies are born with, and states that this behavior is perfectly normal, and is not a recognized sign of anything but inherent reflex.

Primitive Reflexes
Infants are born with a number of instinctual responses to stimuli, such as
light or touch, known as primitive reflexes, which gradually disappear as
the baby matures. These reflexes include the:  sucking reflex, which
triggers an infant to forcibly suck on any object put in the mouth

 (http://kidshealth.org/PageManager.jsp?dn=BlankChildrensHospital&lic=145&cat_id=20730&article_set=22211&tracking=P_RelatedArticle#)

Her action then was to admit this child to the hospital.

9.  Three hours later, a 2nd exam was performed, utilizing the same exact tests, and with all found as before. and that it’s believed (even though the baby weighed in at 5.72 lbs.; and Methodist’s website states that your baby will lose a slight bit of weight off of the birth weight, then after two weeks will gain up to and over that same weight.  This child was just seven days old and already weighed more than the birth weight) that the mother was more than likely only feeding her mostly water.  These doctors, with Dr.Michael Line at the fore, state that this baby’s discharge plan is now, on the first day, with no documented proof as yet that the child is indeed neglected by the mother, to:  “Hold the baby until DHS can complete their investigation; and alternate placement can be found for her”.  Let’s take a look at what Methodist states, once again, on their own website, to maybe shed some light on what they say about the baby’s growth:

How Newborns Grow
Babies are born with some extra fluid, so it is perfectly normal for a
newborn to drop a few ounces when that fluid is lost in the first few
days of life. A healthy newborn is expected to lose 7% to 10% of the
birth weight but should regain that weight by about 2 weeks after birth.

(http://kidshealth.org/PageManager.jsp?lic=145&dn=BlankChildrensHospital&article_set=21535&cat_id=162#)

10.  Mentioned, all through this worker’s assessment, is that the mother only feeds the child 4 ounces every 2-4 hours, and tries to stretch it out to as close to 4 hours as she can.  Yet this worker later states that it’s 2 oz. every 4 hours, then it goes back to 4 again later.  Also mentioned is that the only food this mother had was what was given to her by Methodist, also a false statement, since the father had bought her plenty of those little bottles as well.  At the time of the interview, the mother had just run out of those bottles, and was opening the Similac mix for the first time.  This is almost presented as criminal or neglectful behavior on the part of this first-time mother, because she has to read the directions.  Also mentioned is that the mother is mixing a bottle for the baby using a dirty used bottle...yet, when she’s finished, and hands the bottle to Amanda Barton, she takes it from her and FEEDS THE BABY WITH IT...as stated in her assessment.  Obviously this worker is OK with this as well, because she obviously didn’t stop her from using that bottle to feed her either, since it’s not mentioned.  Oh, and on Methodists website, it says this about feeding:

Is My Newborn Getting Enough to Eat?
Once your milk supply is established, breastfeeding should be "on demand”
(when your baby is hungry), which is generally every 1-3 hours. As newborns get
older, they'll need to nurse less frequently — some may feed every hour and a
half, whereas others may go 2-3 hours between feedings. Babies who are
getting formula will likely take about 2-3 ounces every 2-4 hours. Newborns
should not go more than about 4 hours without feeding.

(http://kidshealth.org/PageManager.jsp?dn=BlankChildrensHospital&lic=145&cat_id=20731&article_set=21869&tracking=P_RelatedArticle#)

11.  The mother has NEVER stated that the baby goes more than 4 hours without a feed, except when she’s sleeping...which this baby does an awful lot of; quite unusual for a newborn, evidently.  It states, on METHODIST’S WEBSITE, this about that subject:

Sleeping and Breathing
In the first weeks, infants usually spend most of their time sleeping.

(http://kidshealth.org/PageManager.jsp?dn=BlankChildrensHospital&lic=145&cat_id=20730&article_set=22211&tracking=P_RelatedArticle#)

12.  After this, the worker then tells the mother that she’ll need to stay the night with the baby, due to an electrolytes test result; then claims on her assessment that this is when she made it known what her expectations for the entire weekend stay would be for the mother (and made a special effort to claim one of the nurses at her command to be witness to this and ONLY this statement; as well as claims her to be the mother’s personal nurse; another obvious attempt at a 2nd deceit).  The mother, then realizing that she wasn’t nearly ready for an overnight stay; and having been gone 4 hours already; realized the dog hadn’t been out in this time and wouldn’t be for a while longer, and that she needed to get things for an overnight stay, as well as tend to our pet; then stated this.  The worker states that if the mother were to leave the baby now, it would be considered an act of abandonment (in a hospital filled with Doctors and nurses, as well as 2 social workers); then, in a 3rd deceitful and contradictory action, offered the mother a ride home some 20 minutes later, in order to leave her in a place where there was no transportation available to her, and create the initial “showing of neglect on the part of the mother”.  After the mother returned to the hospital (to, ON HER OWN VOLITION; stay with the baby for what would soon be revealed to her as the ENTIRE weekend); The overly attentive staff of Methodist nurses were then ordered to watch the mother at all times, in which to find situations with which to find this neglectful, carefree FIRST TIME MOTHER to be neglectful, and document it.  This is then claimed, in our case, to be the ONLY listed reasonable effort these people made in order to later claim to have made it, in order to say that A SINGLE reasonable effort(s) was made, prior to the removal in order to prevent or eliminate it.  Again, for anyone to claim this to be reasonable, they would have to be either mentally unstable, or be a party to something much more sinister.  I’m sure no mother would thank DHS for their “reasonable effort” either, put through an ordeal like this.

13.  Three days later (when the mother had asked if she could go on Saturday morning; because the worker had told her that she would be going then, the doctor then told her that DHS had ordered the hospital to keep her until Monday) the worker came back alone, beat the mother over the head to get her to adopt out the baby, then when that didn’t work, the worker illegally produced a situation that forced this mother to sign the baby into foster care.  Three hours later, the child was given to the foster parents, Lindsay and Nathan Pritchard of Ankeny, Iowa.

14.  The worker, upon her return, and speaking to the mother alone, now saw an opportunity.  Knowing her socio-economic status, the fact that they were (because of her being processed for FIP) on their way to being homeless; too poor to afford to pay a real attorney...and BONUS, she’s black; naive in the ways of the law and DHS; and, let’s just say this, thought the mother too stupid to fight back, and would therefore be easily swayed to sign documents she had no business signing without a lawyer.  Not aware of the fact that the father had asked the mother to record the interaction, a recording was made of the entire 18 minute removal to its end; and brings forth a host of felonies that were committed in the performance of her duties here, including, but not limited to:

a. Forgery, 2 counts

(1).  She says the mother will be asked to initial where she’s read to her, understands what’s being said and agrees to it...yet only reads her three lines of a nine line order, excluding the reasons for the removal; all lies, of course; and all lines that present to the mother any rights she has in this; then fills in X’s for the mother on all of the lines, knowing she can get the mother to sign it.  When this mother is asked to do something, she does it as instructed, and would have put initials in the lines as told to.

2).  It is determined, since Judge Price, in every order he’s given us, in our case, anyway, STAMPS his signatures on them.  These defendants have yet to receive one paper signed by the judge as SIGNED, in his own hand.  The signature at the bottom of the order has very significant differences in its execution, an obvious forgery by the worker).

b. Fraud (see count 1 of forgery, above.  Additionally, the worker mentions, long before the mother signs it, that “the court has already ordered this”, that “the child is officially in the system now”, and that “it’s too late, it’s going to happen, whether you sign it or not”; then, at the end when asked what will happen if she doesn’t sign it, is told “It’ll look bad to the judge in court.  Sounds like legal duress to these parents).

c. Falsifying Legal/documents:  See letter a. Forgery.  See also letter d. to follow)

d. Depriving the mother of both her civil rights/ICWA rights.  This mother, when asked by the worker if she had any Indian in her heritage said YES.  The worker, then opted to put NO in that box...both on the order, and on the legal form she needed to provide to the administration office of DHS.  This, of course, would have totally changed the game for all involved in our case, and would have meant that jurisdiction might have also fallen to the Cherokee Indians, of which it is determined that the child AND the mother have more than enough to qualify to fall under this welfare act, and in so doing, would have deprived this worker the joy of having us fall under the offensive and dishonest rule of this trier of fact, as well as telling her lies on the stand in order to condemn these parents without prejudice (see letter e., below)

e. Perjury.  This, of course, being this worker’s most SERIOUS crime against the parents, will be
brought in full force, once the U.S.Attorney’s office is consulted; and relief in the form of retribution will also be sought.  the U.S. Attorney will also be urged to file charges concerning both the removal and the hearing that followed, where this worker testified to ridiculous accusations, all the while looking down her nose at this mother and smiling.  The assessment that followed this event, filled with over 55 lies that damage these defendants, shall also be used in this charge, and falls under its umbrella.
See also charge f., below.

f. Libel/Slander.  The parents thank this worker whole-heartedly for both writing down AND testifying her accusations in full.

g. Conspiracy and Collusion.  Please see paragraphs - when they appear shortly.

h. Conspiracy to falsely embezzle state and federal funds.  When Conspiracy is indeed proven here, proving federal embezzlement of Federal Monies should follow close behind.  DHS, Methodist and this court greatly benefit from a child being in the system, as well as from the profits generated when a child is then adopted; something DHS mentions widely in their motion to terminate ALL of the parent’s rights.  Strange it is then, that all services and “reasonable efforts”; offered to these parents (and subsequently rejected as unneeded by these parents) are either run by or affiliated under/with Methodist Hospital and DHS, the very two agencies 100% responsible for the removal of our daughter.

15.  Before his Honor or the D.A. consider that this evidence might be inadmissible; due to the worker not having knowledge of it, think again.  In the commission of a felony (of which we have several here), recordings, if clearly heard, are OFTEN, and in some cases, ALWAYS admitted; even though mine was never admitted in THIS court, something these defendants just recently discovered.  How convenient it is that they weren’t, since, even though stating these things needed addressing at our hearing, even though we had filed them with more than enough notice (the judge’s own order states these exhibits should be filed 7 days or more prior to the hearing...and these were filed just 7 days prior to it) weren’t admitted even; or shown or addressed at this permanency hearing, mostly because the recording would have started showing crimes that were not only committed by the worker, illegally; but would have also presented to this court that the Judge obviously condoned this removal, regardless of its illegality; and therefore was found to be moot, following his attempt (and success) in removing the father from the case; also an illegal move; because this father’s rights had yet to be terminated. The motion to establish paternity (as well as have this father removed) was also presented to be heard in the same hearing as the permanency; and filed in a 2nd case, concerning the termination of his rights...but also was never addressed here, even though it was at the top of his Honor’s to do list in the permanency hearing, and had been filed only 2 days prior to the hearing.  How is it then that he can be found to be extraneous to this case, and not dismissed in the other?  He cannot.  This further adds to the conspiracy allegations these parents wish to address, soon enough.

16.  Because of this situation, these parents were caused to be homeless, due to the actions (and inaction as well, per the incomplete processing of our FIP assistance by DHS) of all involved in this, at this time.

17.  These parents, then, were thrown into a Post-Removal conference the following day, involving the parents, our daughter, 3 attorneys (one for each one of the family, mother, daughter and legal father), Kristen Cooley, a mediator/facilitator from Visiting Nurse Services (a Unity Point Healthcare affiliate), Ashley Andrews and an as yet unknown Supervisor (Jamie) of Children and Families of Iowa (A DHS affiliate), Katie Gosch and Stephanie Rhinehart, our caseworker and her Supervisor, of DHS/CPS of Iowa; and Nicky, a DHS provided “parent partner”, (a DHS paid affiliate, naturally) and was presented to us as the mother’s new BFF; and finally Nathan and Lindsay Pritchard, the happy foster parents. After an hour of accusatory actions made by all at this meeting, these parents, who were upset and angry were then flooded with paperwork, by the attorneys, by DHS, and per the other agencies involved.  Visitations were offered the parents four times a week, and needed to be verified 2 hours ahead of time.  At this time, the parents, who were homeless, in possession of a single bus pass and a single phone; only a week before a removal hearing to determine the needs of the baby, as well as to determine whether the child was removed properly and whether she should remain in foster care; with a full complement of paperwork to lug around with them that needed to be filled out, as well as actively struggling to get a place to live and a full visitation (and confirmation schedule), these parents were then thrown to the mercy of the outdoors and left to their own survival.  This would be deemed as reasonable effort #3, made after the removal, in order to affect reunification of this family.  It would be later claimed, in subsequent hearings from the court that DHS and CFI, the agencies themselves, would be deemed to be reasonable efforts made the parents #4 and #5.

18.  Concerning the “reasonable efforts” supposedly made us in order to claim this court as “doing everything, reasonable, in order to reunify this family”, these defendants claim that DHS has made NO efforts at all in order to reunify this family, because of their intent, first to hold the baby in order to make the state money, then to terminate our rights for the same purpose, except through the avenue of adoption instead.

19.  Due to poor representation provided by this court; as well as the attorneys propensity to serve the interests of this court, its trier of fact, as well as the prosecution; added to the fact that, because of this, we fear to use this option further; we state that we have been served Notice of a petition to terminate our "Parental Rights".  We also state that our child has been wrongfully detained in foster care for 7 months.  Visitation with her is denied us, but for DHS’s terms which are having the visits out of the home, once a week only, and with a worker who has falsified reports on how the mother is doing in her visits.  Visits for the father have been rescinded totally because he won’t come in and talk to a supervisor about the things he writes about in his blog, and is used to punish him for it.  He has not had a visit with our daughter since September, 2014.  Our motions requesting it are ignored entirely, or are found in some way, by the trier of fact, to not be addressed.

20.  The remaining efforts supposedly offered to us in order to help us reunify only serve to make other entities money, due to their affiliation with either DHS or with Unity Point Hospital, and are not needed by these parents.  Other efforts they list are exhibits; and some of these were filed by the defendants.  Others are false reports meant to make us feel like terrible parents and terrible people, and serve no purpose for reunification.  Other efforts this court and DHS claim are entities in and of themselves that they claim to be efforts made.  An effort made to someone is a service provided to someone, and to these parents, it’s meant to help them reunify with their daughter..  DHS is responsible for our daughter’s illegal removal, so how can they claim themselves to be a reasonable effort to help us now, after that removal?  The same thing applies to CFI, an agency.  They already list their service , and in order to claim more efforts they’ve made, they list the whole agency as an effort made.  Add to that, the list of exhibits (21-40) filed  in this court are never described, nor is reason given as to how ANY of these efforts they claim help us period.  In our statement concerning the disposition hearing, we describe fully how the efforts this court lists as efforts does nothing for these parents,  and the exhibits they list are part of a collective term, not defined for us as efforts made, giving us no chance in even knowing what these efforts are, or to give us an opportunity to refute them as such.  Listing them collectively without identification is no help whatsoever to these parents.

21.  We could have continued this court and this trier of fact’s illegal actions all the way to this present day, including his Honor’s calling “Lunch” a half an hour into a motions hearing set to hear all of the father’s filings in December, in the middle of the father sentence proving that DHS falsely accused him of harassment (and failed) in an attempt to deprive him of his inaliable right to free speech, then continuing the hearing a week later to finish him off; covering up for Attorney Dale Mays’s actions against the mother’s best interests, in asking the mother to fill out a 2nd financial affidavit; knowing she was still living at the homeless shelter, in order to cut off the defendants means for defense for nearly two months; etc...but why bother?  These parent’s opinion of the “reasonable efforts” provided us, under the guise of reunification, but have only served to detrimentally stop the parents in their defense. in order to keep moving along in order  have their rights terminated; are very well documented in several motions filed by the father, prior to this date.  This trier of fact has no proof of the facts he makes up in his orders, and rules against us, regardless of evidence glaringly obvious to the contrary; weasels out of hearing motions and statements and throws out evidence at his convenience, as well as ignores things that help these defendants get their daughter back, such as legitimate changes in address, and obvious dispositional changes.  These parents, then, choose instead to present to this court and his Honor that we, the parents, openly accuse this court of the following charges, and once all hearings are done and rulings found, this court will then be brought up on these charges by the U.S. Attorney’s office:

a. Fraud
b. Embezzlement of Federal Funds
c. Falsifying Records
d. Falsifying Documents/Legal Documents
e. Libel/Slander
f. Conspiracy/Collusion
g. Kidnapping/False Imprisonment

And will be brought, along with seeking restitution in full against these major players without delay;
named herein, including conspiracy of all named::

a. DHS/CPS employees Emily Nieman, SW 4, Katie Holmes, Case
Manager, and Stephanie Rhinehart, Supervisor
b. Children and Families of Iowa employees Ashley Andrews and Jamie, her
supervisor
c. The Polk County District Attorneys Office, including Justin Remaly,
A.D.A.s Stephanie Brown and Kevin J. Brownell; and D.A. John P.
Sarcone
d. Benzoni Law Firm, and Dale Mays, attorney for the same firm
e. Paul White, GAL for our daughter
f. Tony Reed/”Central Iowa Family Services” employees, a drug testing
facility in the service of and with exclusive contract to DHS; 2911 Merle
Hay Road, Des Moines, IA
g. Governor Terry Brandstad, Governor of Iowa
h. Charles Palmer, Director of DHS’s Administrative branch
I. Unity Point Healthcare/Methodist Hospital
j. Dr. Haugen, D.O., Unity Point Healthcare
k. Dr. Michael Line, .D.O., Unity Point Healthcare
l. Amanda Harris, D.O., Unity Point Healthcare
m.. Joyce DeGroote, S.W., Unity Point Healthcare
n. VNS (a Unity Point Affiliate)
o. EFR (a DHS beneficiary)
p. The Polk County Sheriff’s office
q. The Polk County Records Department, Juvenile Division/Randy Osbourne
r. The Polk County Court Reporter’s office
s. Judge William A. Price

Before this document is efiled, copies will be emailed and traditionally mailed or hand-delivered to these specific entities, and in this particular order, until my progress is halted:

a. The Federal Bureau of Investigation, both the Des Moines and
Headquarters offices in Washington D.C.
b. Senator Grassley’s Office, in Des Moines and in Washington D.C.
c. CNN, MSNBC and HLN News
        d. HHS Headquarters in Washington D.C., and the Regional Headquarters
in Kansas City
e. The Reverend Al Sharpton
f. The Reverend Jesse Jackson
g. Terry Brandstad’s Offices
h. President Barack Obama’s Office
I. NAACP
j. The Civil Rights Commission
k. The AAPD
l. The ACLU
m. The Eastern Band of the Cherokees
n. Creative Visions/Representative A.K.O.’s office
o. DHS/CPS of Iowa Offices at River Place, with copies earmarked to the
offenders.
p. All Local News in the Des Moines Area, both radio and TV
q. The Des Moines Register
r. Chuck Palmer
s. The DHS Administration Offices
t. The U.S. Attorney’s Offices, in Des Moines and in Washington
u. Benzoni Law Firm
v. The DHS of Iowa Advisory Board
w. The Iowa Supreme Court
x. Polk County Sheriff’s Office, Administration
y. Randy Osbourne
z. Juvenile Records, Polk County Court House
aa. The Office of The Polk County Reporters
bb. Judge William A. Price, 209B, whether’s he’s in session or not

We the parents have had about enough of His Honor’s kangaroo court, and fully intend to follow through with this threat, due to the fact that we fully disbelieve that the Supreme Court of Iowa, considering it’s just made up of judges who used to be where his honor is, will rule or find any better than his honor, and are, more than likely (due to the majority of them being appointed by the Governor, in the back pocket of the Governor anyway), going to find for the state as well, regardless of this case’s utter ridiculousness.

Elizabeth Bruce

Saturday, January 10, 2015

The Final Battle IV - The Last Reach for trhe B***S (C)



It simply amazes me the things these people will try while I float blithely along...While I was diddling around congratulating myself and slapping myself on the back, saying victory is assured...the other side, true to their nature has been speeding along, and still trying their little tricks to terminate before these defendants know what hit 'em.

They will of course, fail miserably, though it seems they know it not...which they very well DO know...but, think I may have not, as yet, caught on to what I have to do....I have.  And did.  And have done.  For the information of my followers and readers, all I have wanted to do has been, as of this date, done.  HOWEVER....

They did, but only a little, spoil my fun.  I had such big plans to make this a circus they wouldn't soon forget.  In all of this, I only got to serve 1....count'em, 1 subpoena...and that sucks.  Worse yet, you might have thought it would be the one I wanted to serve the most, at the very least...and there is a good excuse fot my actions.  I forgot today was Saturday.

I didn't realize that the day I knew to be my last to serve was on a Saturday.  DAMN.

However, there is a shiny little lining that they will, STILL...BE UPSET WITH.  And it is now located, right where it should have been last night...as well as right here, in this post.  Well, you know, I really do have to get it out, ya know, because this one is the one that matters, the one they've been trying to beat me filing, and didn't.  WORSE YET, they've already drawn up the petition for termination, and started the action.  I like that the first motions in it were MINE...and the end to all of their actions henceforth...

Here is the expected motion from last night, to be immediately followed by the one that will lay Judge Price and the gang to their final resting place.  The first is too late now, it won't affect anything...not that it would have anyway.  For those of you that are lost, NOTHING I would have done or said would have stopped, slowed down or eliminated the termination train that was moving ahead at 190 MPH...except the one following this one.  The one thing that would have gotten me out of the way was termination.  I have, with one motion, terminated their termination.  Bye Bye guys!!!!  For you readers, you're gonna wanna see the 2nd motion.  These guys don't even have to look....'cause they knew it was coming, as soon as I posted Mr. DHS Directtor's letter.  Now, I shouldn't hear a peep from the other side...albeit I've been wrong before...

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Here is the first of two, filed on our CURRENT case...

COMES NOW, Christopher Bruce, in his MOTION FOR VISITATION

My wife and I would like to get visitation, as ordered by the court, with our daughter, Trilynn Brueggeman, and with permission from FSRP and DHS, 7 days a week, unsupervised in our home; from 5 p.m. to 8 p.m. every evening.

/S/ Christopher Bruce and Elizabeth Bruce
CHRISTOPHER BRUCE AND ELIZABETH BRUCE

Now, you and I both know that the judge, even at his weakest, would never grant such a motion...but we should have filed this document oh.....5 days up to 2 days ago...this would have prevented this from showing up....today.

NEW CASE:  INVOLUNTARY TERMINATION OF PARENTAL RIGHTS.

Now they're trying to say, because I (allegedly, but did NOT) said that I wanted no more contact with DHS...to wit, in their report, they're saying I said I wanted NO MORE CONTACT, so they haven't.  What I said was, WE'RE DONE.  In their usual fashion, they interpreted it for me again.

However, nothing they've ever said or done to these defendants is now going to matter any more.  What am I talking about?  Well, remember the recorded interaction of the removal?  We didn't realize itl...again, because I could barely stand to listen to ALL of it, that Ms. Bitch Nieman asked the mother if she was Indian.  She said yes, and Ms. Nieman said "What tribe are you?'  Then after her pause (because she wasn't quite suire) Ms. Bitch said "Nevermind"....then marked, both on the legal order, AND on the separate paperwork that she said NO...Nice huh?

Here's why she said NO.

Now, because of THIS motion, all they've said and done?  GONE!

Judge Price?  GONE.  All the other bitches, who are all gonna lose thier jobs?  GONE.  I wouldn't be surprised if Ms. Nieman wasn't already GONE.  I'm already looking for her to tell her how I feel about the crimes she commited, before those charges are brought on her, and I can watch the FEDS lock her up for...Oh, LIFEMAYBE??  That'll be a real tootin' PLEASURE BABY.

bye bye!!

Here's that motion I've been sayin' gonna put this case right on out of this Honor's hands....for GOOD.  I'll be sure and show up for court in order to express my condolences for their loss....LOL.

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By the by, here's another motion I just can't help but share with you BEFORE the winner.

COMES NOW Christopher and Elizabeth Bruce in their motion to receive email addresses for Ron Shaver and Trilynn Brueggeman:

1.  That this court, in its efforts to thwart these defendants, did, with malice, start a new case on Saturday, January 10th, 2015.  This was an effort to terminate their rights while they waited for the permanency hearing, or quite possibly directly following it, or before these defendants could file an appeal, as well as the promised writ of Mondamus.

2.  That this court did, in its efforts to thwart these defendants, changed the service list to include the father, Ron Shaver, who these defendants do not know, let alone know the email address of.

3.  That this court did, in its efforts to thwart these defendants, changed the service list to include our child, Trilynn Brueggeman, who, in the best knowledge of these defendants, is 5 1/2 months old, and isn’t even cognizant enough to have an email address, let alone should these defendants be required to email court documents to this child’s account, should she even have one.

4.  This is another attempt by this court to trip up these defendants, in order to distract them from doing what they were, AND HAVE already done.  We have, in accordance with the law, unlike all in this court, filed for the intervention of the ICWA act, a right that was dismissed and bypassed by Emily Nieman, SW4, who will be answering for her crimes soon enough.  We further bring that we have, indeed, not only done it in THIS case, but in the other as well.

5.  That Judge Price is only adding to his list, where his acts of deceit and bias are concerned, and will answer to these charges soon enough.

6.  These defendants, in order to comply with this court, hereby request these “email addresses”, or these new service’s physical addresses immediately, in order to forward our motions in this case; and comply with procedure.  If this court is not willing to do so, we will appeal all cases to the supreme court, post-haste, to see how they feel about it, as soon as we walk out the door to this hearing, upcoming, as well as to stall further proceedings, in order to give ALL appropriate government officials and agencies (on the FEDERAL level and the intervention of the Cherokee tribe more than enough time to act).  We have also informed the FBI of your actions, numerous times.  Expect ACTION on ALL CRIMES on ALL PARTIES on the opposing side of this court, and their affiliates, A.S.A.P.  Also included in these actions will be the Director of DHS, and the Governor, Terry J. Branstad.

aaaaaaaaaaaaaaaaaand....

COMES NOW ......the winner!!

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COMES NOW Christopher and Elizabeth Bruce in their motion to expedite the request for an order setting hearing for the applicability of ICWA:

1. Tyilynn Brueggeman, the child in interest, is part Indian. A hearing must be scheduled to protect her rights with proper notice to the parties. 

2. The Court must set an expedited hearing to determine the applicability of the Indian Child Welfare Act, 25 U.S.C. Sections 1901-1963, concerning the child in interest.

3. The court must assign a new Guardian Ad Litem to meet the needs of the child, who is part Indian.

4. The court must assign a new court appointed attorney to represent the mother at states expense. The court has previously determined that the mother, Elizabeth Bruce, cannot pay any part of the expenses of counsel. 

5. Judge Price must recuse himself from this matter because he has shown bias and prejudice.

6. Courts have repeatedly held … the appearance of partiality. Liljeberg v. Health Services Acquisition Corp., 486 U.S. 847, 108 S.Ct. 2194 (1988) United States v. Balistrieri, 779 F.2d 1191 (7th Cir. 1985) (Section 455(a). 

7. In Bulloch v. United States, 763 F.2d 1115, 1121 (10th Cir. 1985), the court stated
"Fraud upon the court is fraud which is directed to the judicial machinery itself and is not fraud between the parties or fraudulent documents, false statements or perjury It is where the court or a member is corrupted or influenced or influence is attempted or where the judge has not performed his judicial function --- thus where the impartial functions of the court have been directly corrupted."

8. "Fraud upon the court" has been defined by the 7th Circuit Court of Appeals to "embrace that species of fraud which does, or attempts to, defile the court itself, or is a fraud perpetrated by officers of the court so
that the judicial machinery cannot perform in the usual manner its impartial task of adjudging cases that are presented for adjudication." Kenner v. C.I.R., 387F.3d 689 (1968); 7 Moore's Federal Practice, 2d ed., p. 512, 60.23. The 7th Circuit further stated "a decision produced by fraud upon the court is not in essence a decision at all, and never becomes final."

9. Reasonable efforts have not been made by the DHS. 

10. Under Iowa Code § 232.96(8), the court may dismiss the petition.

11. Clerk to provide a copy of the order to child, parents, counsel of record, foster parents, Iowa Department of Human Services, Indian Tribe, Secretary of the Interior, and case scheduler. 


WHEREFORE Christopher and Elizabeth Bruce requests an expedited hearing date and time to determine the applicability of the Indian Child Welfare Act, 25 U.S.C. Sections 1901-1963, concerning the child in interest. 

OR IN THE ALTERNATIVE the court shall order the release of the child, Tyilynn Brueggeman, if the court finds that there is not probable cause to believe that the child is a child within the jurisdiction of the court.

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Isn't this the SH**??  DAMN I'd just LOVE to see their faces tomorrow morning...(whisltes a little tune and promptly skips off to enjoy his day)

Friday, January 9, 2015

The Final Battle Part IV - The Last Reach For the B***S (B)


 DAMN I'M HAVING FUN!!!


Wheeeeelllllp....today I got to invite some great folks from Methodist to our upcoming permenancy hearing....it's gonna be a whoppin' good time!  Oh...oh, and that's not all....but, I'm afraid I just have to keep secrets, we don't want any preparations for my surprises...I just can't wait for Methodist's explanation for their part, and, thanks to the motion to NUNC PRO TUNC the removal hearing (to be filed...PRETTY DAMN QUICK, we're gonna rehash the whoooooole thing, starting with that bitch...you know the one.  I can't WAIT!!


Here are just some of today's motions, including another one I can't wait for, the drug facility, and their shining faces...not just to show the judge that ALL of their testing was FALSE, but to bring DHS's drug goon on the stand, you know, TONY REED, to testify about his 2nd drug test of the father after our last hearing, just 3 days after I served the facility to appear...well, they did, but not to produce records, like they most certainly WILL at this hearing; but to, IN THEIR REVENGE OF THAT ACTION, TO TAKE AND PRODUCE ANOTHER TEST THAT THEY COULD FALSIFY in order to try and teach the father a valuable lesson in f***ing with DHS...only one problem...they provided me with MORE evidence of DHS's snake-like actions (I'm thinking those folks and Daily Mays, of former attorney fame, might just be related somehow).  So now, we can have at his happy lying ass too.  We'll see if he tries any football tackles on this defendant, as I waltz out of the courtroom to go and get our daughter...tee hee. I do declare that all of these bastards will soon be a fryin' in the winter sun...legally, of course, and, just so the administrative branch of the Polk County Sheriff's office isn't confused about my borderline threat here, thsi one means:

I....PLAN...TO .....FILE...A....LOT....OF...CHARGES...AND...BRING...SEPARATE...ACTIONS...SOOOOON...NO....PHYSICAL...HARM...IS...INTENDED...HERE....BY...THIS...DEFE...NDANT ...OR...HIS....WIFE...EITHER....

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Now comes Christopher Bruce in his motion to supress evidence, as presented by the prosecution for drug testing,  in the adjudication hearing, as well as it will be brought against us in our upcoming permanency hearing, with clear and convincing evidence for exhibit.

1.  The father has acquired two urine cups that will used as exhibits.  These two cups are used to do official drug testing at a facility that serves DHS in their efforts.

2.  Two days after this defendant did file a motion to suppress this evidence, DHS did file a report to this court, with an included version of this 2nd test, complete with an explanation for the cup that was thrown in the trash, as being a cup the tester found to be inactive, and that was thrown in the trash by the tester as well, after doing one test on the defendant.  Then, that a 2nd cup was used, and found this defendant dirty for methamphetimines.  Proof of this deceit on the part of the tester, as well as DHS, is as stated below:

a. That the defendant, who was asked by DHS to take a urine test (not ordered by this court, or its trier-of-fact, to this defendant’s best knowledge), agreed to do so without argument, even after DHS had made
it clear that all was the same as before, 1 visit a week, supervised, with the same worker, Liz still a drug user, and in need of abuse training, the father the same, as well as having mental issues.  The father, in an attempt to go along with what this court has asked, was willing to do what it took in order to accomplish this.

b. That this defendant, who had relieved himself just prior to the hearing, and this hearing only had taken 15 minutes at most, had yet to have to go again.  This defendant then drank water in order to comply with this test.

c. Once, while the defendant wandered and spoke, the tester, thinking this defendant was leaving the courthouse in order to avoid this test (even though he had willingly agreed to do it), moved to block his path so that he could not leave, as if he had the power and the right to accomplish this. This, to this defendant, proves his desire to do the test this time, as false, because if this defendant were to leave, he would have to produce another inactive cup or something else might go wrong as opposed to doing it this time.

d. That this defendant, while waiting to produce enough to take the test, did inform this tester (without his knowledge of his being the owner of the contract with DHS for drug testing until the report showed in efile this fact 2 days later) the story of the first drug test, at the facility on Merle Hay Road, to the letter, in order to deem whether this tester was more honest than the facility he had tested at for hair.  After describing the condition of the facility, this tester then claimed that he had many dealings with this facility, and knew the staff well, and that this facility looked nothing like I had described it to him.  This brought to the defendant that this was no person that the defendant could expect or trust to issue accurate and honest drug results to this court.

e. That upon this realization, the defendant declared that maybe he should inform DHS now that he would be coming up dirty in this urine test, then proceeded, after a time to provide the drug test sample.  After watching how the test was done, this defendant then inquired as to how the test worked.  The tester told the defendant of the process, and claimed that there were several tabs, each containing the name of a drug, and that they would not only move up as the drug in question was recognized, but that bars would appear in color to signify a clean or dirty for result; and finally that one or two of the tabs had already begun moving. When this defendant tried to change his view as to witness the test, the tester then turned the cup away from the defendant.

f. After the test had completed, after the related time period to this defendant of three minutes for the test to complete, the tester was asked for results, to which the tester pulled out his cell phone and took pictures, and told the defendant that DHS would hear the results first, then inform the defendant of those results. Afterwards, the tester asked the defendant to pour the sample into another container, sealed this, then asked the defendant to dispose of this test cup into the court’s bathroom trash.  The tester left, and the defendant remained at the court house, with the intention of retrieving this cup.

g. The defendant asked a member of the Polk County Sheriff’s staff to get the key to the garbage, because the defendant claimed that he had dropped something into the garbage and could not reach it to retrieve it.  The staff then procured the key from the janitor and watched as the defendant retrieved the ONLY cup in the garbage.

h. This defendant brings that DHS and this tester’s story that the tester  taken two complete samples from this defendant one right after the other, and then threw the discovered inactive cup away after a first test, then did another after discovering the first cup to be inactive is false, and that DHS and this tester have an agreement and contract to cover each other’s story, in case such a falsehood is discovered to be so in such a case. There was no 2nd sample taken from this defendant, and the testee, not the tester, threw away the cup; not because the cup was inactive as discovered by the tester, but because the inactive cup was found out by
the testee, and was, in fact, required to be trashed by the defendant.

i. After discovering that nothing showed on the cup whatsoever (no marks, and no rising tabs), this defendant did, in an effort to procure more proof needed to convince this court of this deceit, decided to go and pick the mother up from work, just to see how her drug test would come out.  The father then drove the mother to 2911 Merle Hay Rd., the very place this defendant was hoping that he would have to go to.  On the way, this defendant called Katie Gosch to leave a message on her voicemail that the results had shown clean for the father’s test, in order to flush her part in this deceit out.

j. Upon arriving at Central Iowa Family Services, this defendant told the mother to do her test, ask for a witness to this test, and to record the interaction.  The mother went inside to do her test.  Then the phone rang, and it was Katie Gosch, who informed that my test results had not come back clean, as I had told her, but that they had, once again, come up dirty for meth.  I then hung up on her, realizing that they had done this to these defendants once again, utilizing the same facility’s testing results as proof.  The father then called DHS again to inform Ms. Gosch only these words,“We’re done, no more of this BS”, we’re done here.”...and that’s it.  There was no mention of no more contact to be had between DHS and I, as claimed by Ms. Gosch.

k.  Just a moment later, the mother exited the facility with her test cup still in her hand (not on purpose), and informed me that they had denied her the right to a witness, as she had asked. I was upset, of course, thanks to the phone call from Ms. Gosch and said “Come on, we’re leaving.”  The mother had to then go back in, because she had left her purse inside.  She came out and, upon noticing that she had a cup, we decided, as we drove home, that we would attempt the test again in this unused cup, with the mother as witness to see if we had the same problem with this new cup as we did with the test cup taken from the courthouse. Upon arriving at home, the father took the new unused cup into the bathroom and filled it to the top with fresh urine, and put the cap on it.  We waited the 3 minutes the tester had waited...and discovered this 2nd cup as inactive, just like the first one.  My wife took pictures of the cup after the test had completed.  The inactive result of this test is submitted as evidence with this court, as of this date.  Later, not unlike the removal recording, we realized again that we had forgotten we had recorded this, and listened to it today, in order to see if there was anything we could use as evidence. The only voice you can clearly hear is the mother’s unfortunately, but if you listen closely, you can hear the female tester as she denies this mother her witness to the test she wants to willingly take; by stating there is only a single collector who works there, and no witness can be or will be provided to her.

l. I find it very interesting that the female tester involved with the test of the mother is surprised when she says that she wants a witness to the test, then remarks on her surprise by saying that NO ONE has ever asked for a witness to the test.

m. That with the blog post dated back on 8/14/14, named “The B&S Railroad Job, Part II - The Drug Thingymabob” posted on this defendants website, even now, describing this facility in full detail, as having, upon your entrance to it, a very large reception area with a single large desk in it, with only one person working in the entire place, with nasty shag carpet, that looks nothing like your average drug testing facility; and a side room with an ugly smaller desk in it, where this man (or woman) who works there, cuts your hair with a pair of school scissors and sends it in.  Nowhere in this facility is there another piece of furniture, or anywhere for anyone who might be waiting to take their test to sit and wait.  This defendant finds it quite interesting, then, that 5 months later, it’s been completely remodeled, again, as witnessed by both defendants, with all that this defendant witnessed and posted about back in August, gone.  Now, there’s a small waiting room with differently colored low carpet, clean, with a giant wall now separating the main area from the front, with security cameras in place and a lot of nice furniture at which you can sit and wait for your appointment in it; as well as a nice and  new professional look to it.  When this defendant had described this place to his tester, remembering he had said “over a year” as a time frame that he’d been working with the place, thought to serve a subpoena on this facility in order to gain a client list, and upon his entry to this place found it completely remodeled because of his post alone, this defendant is absolutely certain of this fact, beyond all reasonable doubt.  This, of course, gives this tester, just three days after serving them a subpoena to appear at our hearing with all of their records to present in this court, who is not only the owner of this testing facility, as well as the owner of this contract for drug testing with DHS, more than enough motive, JUST 3 DAYS AFTER THIS DEFENDANT SERVED THEM WITH A SUBPOENA TO APPEAR, appears,, NOT with their records, but to only give this defendant a drug test and find him guilty, once again, and to find this defendant and his wife dirty for the same drug with an alternate falsified test.

n. That the mother’s drug test was as the results produced, falsely positive, due to her just receiving an inhaler with Albuterol, around the time of the hair stadt test, by Primary Healthcare.  and is shown in this website, the answer provided by a professional working for the company shown in Exhibit #40-42, efiled this date, 1/9/2015.  This answer given by a website, Drugs.com (Drugs, Inc.) proves this inhaler to produce false positive for meth, as well as for amphetimines.

3.  Here, then, is the relief these defendants hereby seek with this motion:

4.  That each and every test done at this facility should be either retested at a true and legitimate testing facility, far out of the reach of the influence of the Department of Human Services, or  suppressed for all who have attended this facility.  I am advertising everywhere for others who have had their testing done here, and I have already gotten 3 recent clients in response.  More will be continuously added to the list.

5.  That the Department of Human Services owes an apology to Elizabeth Bruce, and that her need for drug testing, drug assessment, as well as drug abuse training be rescinded by this court.  Slander and Libel charges shall be filed against this Department, post haste.

6.  That all accusations of the alleged drug use, as well as her recommendations be stricken from all court records.

7.  That drug testing, in the form of Urine testing, be ordered to be done on this father again, by another facility far out of reach of the influence of the Department of Human Services, post haste, and, pending these results, that the relief sought in paragraph 5 and 6 of this motion be repeated for this father.

S/ Christopher Bruce
CHRISTOPHER BRUCE

We also took a minute to file the recording for all to hear, and the drug result pictures and the other drug cup fished from the trash, then, tomorrow, we are going to file the motions, NUNC PRO TUNC, for ALL of our hearings to be reheard, and put appropriately in place for the Writ of Mondamus soon to follow the appeal to the permanency...matter of fact, just as soon as I walk out the door of the courtroom.  All of this will delay things JUUUUUUUUUUUUUUUST LONG ENOUGH to make room for all of this defendants little aces, that he's been a savin'....and a savin.....and a savin' up for this upcoming Writ.

DAMN I'm having fun!!  What I wouldn't give to be a fly on the wall, however, when our beloved DA, Stephanie Brown, and Judgy William A Price Esquire see THIS ONE, to be filed...wellll....NOW!!

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From what I've heard?  Judgy Price doesn't like losing Either....lol.  I really and truly, wish I could see his face, when he sees this, and pending his decision to WILLINGLY and GLADLY recuse this case..well, shoot, I wish I could say the words...but I just can't do it.  Here then, is the motion that will turn these people on their respective behinds.  Enjoy Judgy!  All my love Stephanie Brown....you little mynx you  ;)

Toodles!

(SORRY....this motion is still in the process of being edited, and will be posted for your viewing pleasure A.S.A.P.)

Thursday, January 8, 2015

The Final Battle, Part IV - The Last Reach for the B***S (Part A)



Hey America!!  Sorry to keep you waiting...

Well...I was going to be pretty nice to these people...you know, since they were about to lose and all, I thought it to be only fair..

HOWEVER...it would seem that DHS, in their usual fashion, of course, has once again decided to play dirty with these defendants.  They are, of course, pushing that the drunk they want to receive the child now, all because he all of a sudden wants to play ball and jump through any possible DHS hoops he might encounter, but they have filed all the voicemails I left in anger on my caseworker's machine, the father's machine, and Dale Mays' machine, like this is gonna make a difference in whether they win or not....IT WON'T.  They filed their permanency report with the sole intent of pissing on this author and infuriating him.  It worked, of course, and after throwing my favorite waffle Iron at the wall and breaking it, I thought about it and caught it.  To be filed, also today, will be a very interesting report of my very own...for the record, of course. This has not, of course, gone unnoticed by these defendants.  Now they've gone too far...now my wife wants to be involved, 100 percent.  Now we're BOTH goin' for the B***S, with no mercy, no less.

And so it begins...today.

This defendant, from sun up to sun down, is planning to file nearly 59 motions to this court.  We'll start with these two winners, one of which, the Rescindment of Signatures motion, (withdrawal of consent), which of course didn't matter where the judge can deny or accept this motion is concerned...if it's filed with the court of record, it's effective, and nothing this trier of fact can say can change it.

We shall also be submitting the motion to correct motion" motion again today, but not the one concerning the snake Dale Mays, who, I repeat, will NOT be weaseling out of this subpoena this time....nononononono Daily the Snake Mays, you WILL be in attendance, I guarantee it.  No, this one will be to declare moot all the motions I purposely filed with EFILE in order to make his Honor chuckle and think I had no idea what I was doing, and that, once again, on January 15th, he'd be able to cow these defendants.  Nothing, ever, could be further from the truth.  These people are so screwed on so many levels, they won't know what elevator to take to get there to stop it.

Oh, and Your Honor?  In case you should be reading this, I would like to submit that you might just have a Solomon-grade dilemma on your hands.  See, I'm pushing that blog thing all the way to the U.S. Supreme Court, as I feel there's more than enough merit there to warrant Constitutional investigation.  I guarantee it will be heard too, I've discussed this over and over again with a Constitutional expert who bets on it.  That means that all actions in this case will be put on FOREVER hold, until the matter is heard...that's what....a year or two, maybe more, down the road?  Sorry DHS, no poster child for Adoption Saturday this year.  The Dilemma for the judge?  If, when I resubmit the document asking that the blog isn't considered to affect this case as evidence, if he honors that motion, half of the reasons used in the removal order are GONE BABY...and I believe that would be more than enough, considering the RECORDING OF THE ENTIRE INTERACTION, TO BE FILED AS EVIDENCE TODAY, will be more than enough to quash the rest of the order.  If he denies the motion, this will drag on....and on....and on....for 1-3 more years...and no one will receive their piece of the action where this child belonging to DHS is concerned.  I will be sure to write all who have been paying special attention to make sure they receive no monies for this child during that wait either....:D

yeah....there's more, believe it.  I will, NATURALLY, be posting ALL.....DAY....LONG to keep you guys abreast of the happens.

Oh, almost forgot...here are two of the motions to be filed ...well, NOW.

COMES NOW, Christopher Bruce, in his MOTION TO CORRECT MOTIONS FILED ON A PREVIOUS DATE:

1. That on the date of the 26th of December, 2014, this defendant,
representing himself pro se, did file, with this court on the aforementioned
date, four motions.
2. That the defendant used a legal term incorrectly in three of these motions,
and would prefer to be forgiven this infraction, and be allowed to correct
them by replacing them with updated versions...
3. This also needs to be done for the record of the court; in order for this
defendant to appeal to this court’s decisions in our permanency hearing to
be held on January 15th, 2014
4. I request, then, as my relief, that any motion, filed on the date of the 26th,
with the exception of the motion to recuse this case, that all other motions
filed on the 26th of December be considered moot, and each motion filed
prior to this on the aforementioned date, that have already been removed
rom efile, be hereby stricken for consideration in this court’s records, and
that these new motions, filed on this date, 1/8/2015, be addressed instead.


/S/ Christopher Bruce
CHRISTOPHER BRUCE AND ELIZABETH BRUCE

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Here is the first motion the mother wanted badly to get in on.  Take special note of the very last paragraph that's signed by the mother.  In the first hearing addressing the rescindment of signatures, the judge dismissed it like so much balloon air, and asked the mother what she wanted to accomplish with it...the mother, of course, knowing this document to be full of legaleze, and a bit cowed by the judge, of course, stumbled for a legitimate answer...and came up with nothing but a couple of "Uh's...which of course, since she had signed this motion, was exactly what this judge hoped to accomplish with this question.  Well, this one's about to be resubmitted, but not for this judge's approval.  And yet, should he be curious about anything else, I'm sure the last paragraph will settle that....thanks for your contribution honey.  I think it's gonna be a winner, for sure.

COMES NOW, Elizabeth Bruce in her motion to rescind signatures, nunc pro tunc,

1.  Incidents involved with this motion:

a.     Elizabeth Bruce was taken, with Trilynn Bruggeman, the child, from her home to Methodist Hospital, supposedly just for a pediatrician’s appointment.  She was told by Emily Nieman and Amanda; two DHS Social workers; upon arrival at the hospital on Friday, July 18th 2014; that they would be waiting to get a room in which to check the child in.  Social Worker Amanda left the hospital, and was no longer involved in the removal.  After 72 hours at the hospital, when she was mentally and physically exhausted, Elizabeth was approached by Nieman, alone, when no one else was present as witness, hounded the mother to place the baby into adoption.  When Elizabeth wouldn’t agree to that, she then stated that it was out of her hands, the child was in the court system already, and she would HAVE to sign the baby into foster care.  Emily Nieman said she would read the order to her, then have her initial each line.  The worker skipped over almost half of the document, only reading what she knew Elizabeth wouldn’t question, and had each line already filled in with X’s, to represent Elizabeth’s initials.  Emily Nieman then handed Elizabeth a court order, already filled out for her, and was told to sign it.  When Elizabeth again refused, Nieman stated that “If you don’t, the Judge will rule against you in court, and it won’t look good for you.”  Elizabeth, never having had any legal issues, and who had never been in trouble with the law, rather that risk possible  trouble, she chose to sign it, against her better judgement, and believed that she would be in trouble if she didn’t.   This will be proven in Exhibit 1, the recording of this interaction.

b.     Dale Mays, who was appointed by the court on August 22nd 2014, to represent Elizabeth; as well as serve her best interests, because she could not afford to hire her own; asked Elizabeth to sign a financial statement on September 5th, 2014, then e-filed the document onto her case against her best interests and without her knowledge, the same day.  Elizabeth has never received a copy of this, nor has she been mailed one, either.  Her andN the father were both indigent at the time, and, when Mays asked Elizabeth questions about her income, she had no clue why he was asking them, or that he had planned to file this document with the court.  Because of this document, the judge, at the court hearing the parents had on October 21, 2014, concerning our Disposition, ordered Elizabeth as able to pay her attorney fees, because she made $700 a month gross with no expenses.  She is now in possession of an apartment with enough expenses to reclaim her indigent status.  These facts are apparent and will be shown in exhibits 2-5; the new financial affidavit, and Attorney Mays’ emails to his client, as well as the signed affidavit from September 5, 2014.

                  Elizabeth still is, to this day, not able to afford this, and she would have, had she but known what would arise out of it, never signed this document, she would have filed a new or more current financial statement with the court, so that the figures represented would have been more recent, as well as accurate.

2.  Purpose

Elizabeth Bruce, being now of sound mind, hereby rescinds all signatures obtained under duress by Emily Nieman, social worker, for the Iowa Department of Human Services, and Attorney Dale Mays, possessed by virtue of state law and made possible only because Emily Nieman and Dale Mays were clothed with the authority of the state, when action was taken under "Color of State Law."

3.  Statement of Elizabeth Bruce, concerning issue the first:

a.     I was unaware of the legal effects and ramifications of the signing and giving verbal consent to DHS and other legal documents or consent involving the taking of my child. I was influenced by the misleading and deceptive wording of Emily Nieman and Amanda, DHS Social Workers, acting Under The Color of Law, who fraudulently obtained my signature and their implied verbal consent in all forms.  These individuals willfully and knowingly failed to fully disclose to me their full intentions. These individuals influenced, misled and deceived me into trusting, agreeing and to sign documents. I was influenced by the common and widespread practice of deception by the above named individuals.

b.     My signatures and implied verbal consents were fraudulently obtained by the above named individuals and associates who wrongfully detained my daughter, with the implied promise of reunification. They willfully and knowingly failed to fully disclosure to me the ramifications as well as the full effect of yielding consent. The actions of these individuals, caused extreme stress and lead to the CINA and the possible termination of parental rights, and threaten to place me in more financial difficulty that I already am, causing me to be unable to help myself.
c.     That I am a natural born free sovereign United States citizen, a freeman and I am endowed by my Creator with numerous inalienable rights to “life, liberty, and the pursuit of happiness,” which rights are specifically identified in the Declaration of Independence and protected by the United States Constitution including my inalienable right to direct and control the upbringing of my daughter.

4.  Statement concerning issue the second:

a.     I was unaware of the legal effects and ramifications of the signing and giving verbal consent to attorney Dale Mays and other legal documents or consent involving the disclosure of my financial situation.  I was influenced by the misleading and deceptive wording of Attorney Dale Mays, acting Under The Color of Law, who fraudulently obtained my signature and their implied verbal consent in all forms.  This individual willfully and knowingly failed to fully disclose to me his full intentions. This individual influenced, misled and deceived me into trusting, agreeing and to sign documents. I was influenced by the common and widespread practice of deception by the above named individuals.

b.     My signatures and implied verbal consents were fraudulently obtained by the above named individual and associates who deceitfully took advantage of my trust in my attorney, as well as my confidentiality, with the implied trust in my attorney that he only had by best interests in mind. He willfully and knowingly failed to fully disclosure to me the ramifications as well as the full effect of yielding consent. The actions of this individual, caused extreme stress and lead to only placing me in a worse situation financially, and threaten to place me in more financial difficulty that I already am, causing me to be unable to help myself, my husband, and my family to reunify properly.

c.     That I am a natural born free sovereign United States citizen, a freeman and I am endowed by my Creator with numerous inalienable rights to “life, liberty, and the pursuit of happiness,” which rights are specifically identified in the Declaration of Independence and protected by the United States Constitution including my inalienable right to direct and control the upbringing of my daughter.

5.   Supreme Court Decisions covering both issues present:

a.     The Supreme Court has specifically recognized parental rights of custody and control. In the landmark decision of Meyer v. Nebraska, the Court stated that parents have a substantive due process right to direct the upbringing and education of their children shall not be infringed. Parents possess the right to direct their child's "destiny." Pierce v. Society of Sisters, 268 U.S. 510, 535 (1925). The Supreme Court stated that natural parents have a "fundamental liberty interest...in the care, custody, and management of their child." Santosky v. Kramer, also protecting children's interest in the privacy and dignity of their homes and in the lawfully exercised authority of their parents.” Calabretta v. Floyd, 189 F.3d 808 (1999). Children have a Constitutional right to live with their parents without government interference. Brokaw v. Mercer County, 7th Cir. (2000)

b.     Social workers cannot deliberately remove children from their parents and place them with foster caregivers when the officials reasonably should have known such an action would cause harm to the child's mental or physical health. K.H. through Murphy v. Morgan (7th Cir. 1990)

c.     The forced separation of parent from child, even for a short time; represents a serious infringement upon the rights of both. J.B. v. Washington County (10th Cir. 1997)

6.  These rulings as they pertain to this motion:

a.     The Court rulings leave no room for doubt as to the importance and protection of the rights of parents.

b.     That by reason of the afore stated facts, I do hereby exercise my rights as a free sovereign U.S. citizen, upheld by various court decisions, to revoke, rescind, cancel and to render null and void, both currently and retroactively to the time of signing or otherwise implying consent, based upon the constructive fraud perpetrated upon me by Emily Nieman of the Iowa Department of Human Services and Dale Mays, of Benzoni Law, an Attorney.

c.     The lack of full disclosure and fraudulent representations by DHS and Dale Mays vitiate those documents and verbal agreements in question with the signature of Elizabeth in which those agreements were breached, is hereby declared NULL and VOID as of this date, November 3rd, 2014.

7.   Legal Definitions

a.    Bouvier's Law Dictionary, Sixth Edition, 1856:
FRAUD, contracts, torts:  Any trick or artifice employed by one person to induce another to fall into an error, or to detain him in it, so that he may make an agreement contrary to his interest. The fraud may consist either, first, in the misrepresentation, or, secondly, in the concealment of a material fact. Fraud, force and vexation, are odious in law. Booth, Real Actions, 250. Fraud gives no action, however, without damage; 3 T. R. 56; and in matters of contract it is merely a defense; it cannot in any case constitute a new contract. 7 Vez. 211; 2 Miles' Rep. 229. It is essentially ad hominem. 4 T. R. 337-8

Fraud in its elementary common law sense of deceit -- and this is one of the meanings that fraud bears [483 U.S. 372] in the statute, see United States v. Dial, 757 F.2d 163, 168 (7th Cir.1985) -- includes the deliberate concealment of material information in a setting of fiduciary obligation. McNally v. United States, 483 U.S. 350 (1987)

2.    Inalienable rights - Rights which are not capable of being surrendered
or transferred without the consent of the one possessing such rights.
Morrison v. State, Mo. App., 252 S.W.2d 97, 101.

8.    A Public Declaration and Notice of Immediate Withdraw of Consent

a.     I, Elizabeth Bruce, 1196 9th Street, Apt. 5, Des Moines., IA 50314, hereby declare in affidavit form, my full and complete renunciation and withdraw of all possible forms of consent to the unlawful creation of, operation of, and participation in, the current fraudulent, de facto, State and Federal “corporate bodies politic”.

b.     This complete withdraw of consent includes all known and unknown fraudulent “unconscionable” agreements or contracts, past, present, or future, relating to any vessel, individual, actor, natural or artificial “person,” corporate “fiction,” commercial entity, legal fiction, legal term, trust, status, standing, station, or any other possible creative combination of carefully constructed “words of art,” CAPITIS DIMINUTIO MAXIMA, or other possible “color of law” misrepresentation of my existence and flesh and blood body, that are designed to replace my God given unalienable Rights, Life, Liberty, and the pursuit of Happiness, “Without Prejudice”

c.     And that from this day forward, all issues, including all jurisdictional issues, arising from, relating to, or in regards to, the “presumption of consent” to the 14th Amendment corporate “person” of Federal United States “citizen” status, shall be considered ab initio - NULL, void, invalid and With explicit reservation of all of my Rights and waiver of none.

       
I now affix my signature to these affirmations: 

/S/Elizabeth Bruce

Signature of Rescinding Party:

/S/Elizabeth Bruce, “Without Prejudice" U.C.C. 1-207

9,  It’s widely believed (and shown as well at every opportunity by everyone in this court), that this court doesn’t think that I have the mental capacity to know what I’m asking for in presenting and signing this document, or have any idea what relief it is I seek with it. Unlike the impatient people of this court, my husband has taken the time to break down for me the ridiculously hard legal language for me and explained what every sentence means.  I therefore declare that I know full well what I’m signing to, as well as everything I hope to gain from doing so.  Should this court or this judge need any assistance in understanding this document, I suggest that you direct your questions to the Drake Law Library, where you’ll find all the help you need.  I’ll be more than happy to wait for the rest of this court to catch up.

Signed, this date, 1/8/2015
/S/Elizabeth Bruce